Representative Joel Ferry proposes the following substitute bill:


1     
AMENDMENTS RELATED TO SURCHARGE FEES

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel Ferry

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the allocation of funds from surcharges.
10     Highlighted Provisions:
11          This bill:
12          ▸     reroutes the criminal conviction surcharge collections to the General Fund;
13          ▸     repeals statutory language connecting the criminal conviction surcharge allocations
14     to restricted accounts;
15          ▸     repeals certain restricted accounts and addresses remaining funds in the restricted
16     accounts;
17          ▸     repeals funding and programming related to certain restricted accounts being
18     repealed;
19          ▸     raises the amounts of the certain surcharges and fees;
20          ▸     revises and relocates statutory language due to the repealing of restricted accounts;
21     and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          This bill appropriates in fiscal year 2021:
25          ▸     to the Office of the Attorney General -- Prosecution Council:

26               •     from the General Fund, $492,000
27               •     from Public Safety Support Account ($551,500)
28          ▸     to the Courts -- Administration:
29               •     from the General Fund, $410,000
30               •     from Substance Abuse Prevention Account ($571,700)
31          ▸     to the Courts -- Guardian Ad Litem:
32               •     from the General Fund, $287,000
33               •     from Guardian Ad Litem Services Account ($397,500)
34          ▸     to the Department of Health -- Family Health and Preparedness:
35               •     from the General Fund, $2,296,200
36               •     from Dedicated Credits ($2,296,200)
37          ▸     to the Department of Human Services -- Division of Child and Family Services:
38               •     from the General Fund, $731,000
39               •     from Victims of Domestic Violence Service Account ($732,100)
40          ▸     to the Department of Human Services -- Division of Substance Abuse and Mental
41     Health:
42               •     from the General Fund, $1,230,100
43               •     from Intoxicated Driver Rehabilitation Account ($1,500,000)
44          ▸     to the Department of Public Safety -- Bureau of Criminal Identification:
45               •     from the General Fund, $250,000
46               •     from Statewide Warrants Operations Account ($596,300)
47          ▸     to the Department of Public Safety -- Peace Officers Standards and Training:
48               •     from the General Fund, $3,034,300
49               •     from Public Safety Support Account ($4,111,600)
50          ▸     to the Courts -- Administration
51               •     from General Fund ($502,600)
52          ▸     to the Office of the Governor -- Commission on Criminal and Juvenile Justice:
53               •     from the General Fund, $1,971,000
54               •     from Crime Victim Reparations Fund ($1,971,100)
55          ▸     to the Office of the Governor -- Commission on Criminal and Juvenile Justice:
56               •     from the General Fund, $1,360,200

57               •     from Law Enforcement Operations Account ($1,531,300)
58          ▸      to the Office of the Governor -- Commission on Criminal and Juvenile Justice:
59               •     from Law Enforcement Services Account ($617,900)
60          ▸     to the Office of the Governor -- Crime Victims Reparations:
61               •     from the General Fund, $3,769,400
62               •     from Dedicated Credits ($3,769,400)
63          ▸     to the State Board of Education -- State Administrative Office:
64               •     from the General Fund, $410,000
65               •     from Substance Abuse Prevention Account ($512,600)
66     Other Special Clauses:
67          This bill provides a special effective date.
68     Utah Code Sections Affected:
69     AMENDS:
70          10-1-203.5, as last amended by Laws of Utah 2017, Chapter 136
71          26-8a-207, as last amended by Laws of Utah 2011, Chapters 297 and 303
72          51-9-401, as last amended by Laws of Utah 2010, Chapter 402
73          51-9-402, as last amended by Laws of Utah 2011, Chapter 342
74          51-9-412, as last amended by Laws of Utah 2016, Chapter 191
75          62A-15-503, as last amended by Laws of Utah 2010, Chapter 278
76          63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
77     469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
78     246
79          63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
80     and 483
81          63J-1-602.1, as last amended by Laws of Utah 2019, Chapters 89, 136, 213, 215, 244,
82     326, 342, and 482
83          63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
84          63M-7-204, as last amended by Laws of Utah 2019, Chapter 435
85          63M-7-502, as last amended by Laws of Utah 2019, Chapter 297
86          67-5a-8, as last amended by Laws of Utah 2011, Chapter 340
87          77-38-302, as last amended by Laws of Utah 2013, Chapter 278

88          78A-2-301, as last amended by Laws of Utah 2018, Chapter 25
89          78A-2-601, as last amended by Laws of Utah 2015, Chapter 99
90          78A-6-117, as last amended by Laws of Utah 2019, Chapters 162 and 335
91          78A-7-120, as last amended by Laws of Utah 2017, Chapters 144, 150, and 186
92          78A-7-122, as last amended by Laws of Utah 2014, Chapter 168
93     ENACTS:
94          53E-3-521, Utah Code Annotated 1953
95          63M-7-526, Utah Code Annotated 1953
96          78A-6-903, Utah Code Annotated 1953
97     RENUMBERS AND AMENDS:
98          63M-7-213, (Renumbered from 51-9-411, as last amended by Laws of Utah 2016,
99     Chapter 191)
100     REPEALS:
101          51-9-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
102          51-9-404, as last amended by Laws of Utah 2014, Chapter 56
103          51-9-405, as last amended by Laws of Utah 2019, Chapter 335
104          51-9-406, as last amended by Laws of Utah 2018, Chapter 353
105          51-9-407, as last amended by Laws of Utah 2010, Chapter 278
106          51-9-409, as last amended by Laws of Utah 2011, Chapter 303
107          51-9-410, as renumbered and amended by Laws of Utah 2008, Chapter 382
108          62A-15-502.5, as enacted by Laws of Utah 2010, Chapter 278
109     

110     Be it enacted by the Legislature of the state of Utah:
111          Section 1. Section 10-1-203.5 is amended to read:
112          10-1-203.5. Disproportionate rental fee -- Good landlord training program -- Fee
113     reduction.
114          (1) As used in this section:
115          (a) "Business" means the rental of one or more residential units within a municipality.
116          (b) "Disproportionate rental fee" means a fee adopted by a municipality to recover its
117     disproportionate costs of providing municipal services to residential rental units compared to
118     similarly-situated owner-occupied housing.

119          (c) "Disproportionate rental fee reduction" means a reduction of a disproportionate
120     rental fee as a condition of complying with the requirements of a good landlord training
121     program.
122          (d) "Exempt business" means the rental of a residential unit within a single structure
123     that contains:
124          (i) no more than four residential units; and
125          (ii) one unit occupied by the owner.
126          (e) "Exempt landlord" means a residential landlord who demonstrates to a
127     municipality:
128          (i) completion of any live good landlord training program offered by any other Utah
129     city that offers a good landlord program;
130          (ii) that the residential landlord has a current professional designation of "property
131     manager"; or
132          (iii) compliance with a requirement described in Subsection (6).
133          (f) "Good landlord training program" means a program offered by a municipality to
134     encourage business practices that are designed to reduce the disproportionate cost of municipal
135     services to residential rental units by offering a disproportionate rental fee reduction for any
136     residential landlord who:
137          (i) (A) completes a landlord training program provided by the municipality; or
138          (B) is an exempt landlord;
139          (ii) implements measures to reduce crime in rental housing as specified in a municipal
140     ordinance or policy; and
141          (iii) operates and manages rental housing in accordance with an applicable municipal
142     ordinance.
143          (g) "Municipal services" means:
144          (i) public utilities;
145          (ii) police;
146          (iii) fire;
147          (iv) code enforcement;
148          (v) storm water runoff;
149          (vi) traffic control;

150          (vii) parking;
151          (viii) transportation;
152          (ix) beautification; or
153          (x) snow removal.
154          (h) "Municipal services study" means a study of the cost of all municipal services to
155     rental housing that:
156          (i) are reasonably attributable to the rental housing; and
157          (ii) exceed the municipality's cost to serve similarly-situated, owner-occupied housing.
158          (i) "Residential landlord" means:
159          (i) the owner of record of residential real property that is leased or rented to another; or
160          (ii) a third-party provider that has an agreement with the owner of record to manage the
161     owner's real property.
162          (2) The legislative body of a municipality may charge and collect a disproportionate
163     rental fee on a business that causes disproportionate costs to municipal services if the
164     municipality:
165          (a) has performed a municipal services study; and
166          (b) adopts a disproportionate rental fee that does not exceed the amount that is justified
167     by the municipal services study on a per residential rental unit basis.
168          (3) A municipality may not:
169          (a) impose a disproportionate rental fee on an exempt business;
170          (b) require a residential landlord to deny tenancy to an individual based on the
171     individual's criminal history [unless a halfway house, as that term is defined in Section
172     51-9-412,], unless a facility that houses parolees upon release from prison or houses
173     probationers who have violated the terms of their probation is located within the municipality;
174          (c) without cause and notice, require a residential landlord to submit to a random
175     building inspection;
176          (d) unless agreed to by a residential landlord and in compliance with state and federal
177     law, collect from a residential landlord or retain:
178          (i) a tenant's consumer report, as defined in 15 U.S.C. Sec. 1681a, in violation of 15
179     U.S.C. Sec. 1681b as amended;
180          (ii) a tenant's criminal history record information in violation of Section 53-10-108; or

181          (iii) a copy of an agreement between the residential landlord and a tenant regarding the
182     tenant's term of occupancy, rent, or any other condition of occupancy;
183          (e) require that any documents required from the landlord be notarized; or
184          (f) prohibit a residential landlord from passing on to the tenant the license or
185     disproportionate fee.
186          (4) Nothing in this section shall limit:
187          (a) a municipality's right to audit and inspect an exempt residential landlord's records to
188     ensure compliance with a disproportionate rental fee reduction program; or
189          (b) the right of a municipality with a short-term or vacation rental ordinance to review
190     an owner's rental agreement to verify compliance with the municipality's ordinance.
191          (5) Notwithstanding Section 10-11-2, a residential landlord may provide the name and
192     address of a person to whom all correspondence regarding the property shall be sent. If the
193     landlord provides the name and address in writing, the municipality shall provide all further
194     correspondence regarding the property to the designated person. The municipality may also
195     provide copies of notices to the residential landlord.
196          (6) In addition to a requirement or qualification described in Subsection (1)(e), a
197     municipality may recognize a good landlord training program described in its ordinance.
198          (7) (a) If a municipality adopts a good landlord program, the municipality shall provide
199     an appeal procedure affording due process of law to a residential landlord who is denied a
200     disproportionate rental fee reduction.
201          (b) A municipality may not adopt a new disproportionate rental fee unless the
202     municipality provides a disproportionate rental fee reduction.
203          (8) A property manager who represents an owner of property that qualifies for a
204     municipal disproportionate rental fee may not be restricted from simultaneously representing
205     another owner of property that does not qualify for a municipal disproportionate rental fee.
206          Section 2. Section 26-8a-207 is amended to read:
207          26-8a-207. Emergency Medical Services Grant Program.
208          [(1) (a) The department shall receive as dedicated credits the amount established in
209     Section 51-9-403. That amount shall be transferred to the department by the Division of
210     Finance from funds generated by the surcharge imposed under Title 51, Chapter 9, Part 4,
211     Criminal Conviction Surcharge Allocation.]

212          [(b)] (1) Funds [transferred] appropriated to the department [under this section] for the
213     Emergency Medical Services Grant Program shall be used for improvement of delivery of
214     emergency medical services and administrative costs as described in Subsection (2)(a).
215     [Appropriations to the department for the purposes enumerated in this section shall be made
216     from those dedicated credits.]
217          (2) (a) The department may use the funds [transferred to it] under Subsection (1):
218          (i) to provide staff support; and
219          (ii) for other expenses incurred in:
220          (A) administration of grant funds; and
221          (B) other department administrative costs under this chapter.
222          (b) After funding staff support, administrative expenses, and trauma system
223     development, the department and the committee shall make emergency medical services grants
224     from the remaining funds [received as dedicated credits] under Subsection (1). A recipient of a
225     grant under this Subsection (2)(b) shall actively provide emergency medical services within the
226     state.
227          (c) The department shall distribute not less than 25% of the funds appropriated for the
228     Emergency Medical Services Grant Program , with the percentage being authorized by a
229     majority vote of the committee, as per capita block grants for use specifically related to the
230     provision of emergency medical services to nonprofit prehospital emergency medical services
231     providers that are either licensed or designated and to emergency medical services that are the
232     primary emergency medical services for a service area. The department shall determine the
233     grant amounts by prorating available funds on a per capita basis by county as described in
234     department rule.
235          (d) The committee shall award the remaining funds as competitive grants for use
236     specifically related to the provision of emergency medical services based upon rules
237     established by the committee.
238          Section 3. Section 51-9-401 is amended to read:
239          51-9-401. Surcharge -- Application.
240          (1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures
241     imposed by the courts.
242          (b) The surcharge shall be:

243          (i) 90% upon conviction of a:
244          (A) felony;
245          (B) class A misdemeanor;
246          (C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
247     Driving; or
248          (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
249     violation of comparable county or municipal ordinances; or
250          (ii) 35% upon conviction of any other offense, including violation of county or
251     municipal ordinances not subject to the 90% surcharge.
252          [(c) The Division of Finance shall allocate the collected 90% surcharge in Subsection
253     (1)(b)(i) in the following order:]
254          [(i) the first $30,000 to the General Fund;]
255          [(ii) the next 4.5% to the Law Enforcement Services Account established in Section
256     51-9-412; and]
257          [(iii) the remainder as prescribed in Sections 51-9-403 through 51-9-411.]
258          (c) The Division of Finance shall deposit into the General Fund an amount equal to the
259     amount that the state retains under Section 51-9-402.
260          (2) The surcharge may not be imposed:
261          (a) upon nonmoving traffic violations;
262          (b) upon court orders when the offender is ordered to perform compensatory service
263     work in lieu of paying a fine; and
264          (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment
265     of a case under Section 78A-6-602.
266          (3) (a) The surcharge and the exceptions under Subsections (1) and (2) [also] apply to
267     all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
268     committed by an adult.
269          (b) [However] Notwithstanding Subsection (3)(a), the surcharge does not include
270     amounts assessed or collected separately by juvenile courts for the Juvenile Restitution
271     Account, which is independent of this part and does not affect the imposition or collection of
272     the surcharge.
273          (4) The surcharge under this section shall be imposed in addition to the fine charged

274     for a civil or criminal offense, and no reduction may be made in the fine charged due to the
275     surcharge imposition.
276          (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
277     authorized and managed by this part rather than attached to particular offenses.
278          Section 4. Section 51-9-402 is amended to read:
279          51-9-402. Division of collected money retained by state treasurer and local
280     governmental collecting entity.
281          (1) The amount of the surcharge imposed under this part by courts of record shall be
282     collected before any fine and deposited with the state treasurer.
283          (2) The amount of the surcharge and the amount of criminal fines, penalties, and
284     forfeitures imposed under this part by courts not of record shall be collected concurrently.
285          (a) As money is collected on criminal fines, penalties, and forfeitures subject to the
286     90% surcharge, the money shall be divided pro rata so that the local governmental collecting
287     entity retains 53% of the collected money and the state retains 47% of the collected money.
288          (b) As money is collected on criminal fines, penalties, and forfeitures subject to the
289     35% surcharge, the money shall be divided pro rata so that the local governmental collecting
290     entity retains 74% of the collected money and the state retains 26% of the collected money.
291          (c) The court shall deposit with the state treasurer the surcharge portion of all money as
292     it is collected.
293          (3) Courts of record, courts not of record, and administrative traffic proceedings shall
294     collect financial information to determine:
295          (a) the total number of cases in which:
296          (i) a final judgment has been rendered;
297          (ii) surcharges and fines are paid by partial or installment payment; and
298          (iii) the judgment is fulfilled by an alternative method upon the court's order; and
299          (b) the total dollar amounts of surcharges owed to the state and fines owed to the state
300     and county or municipality, including:
301          (i) waived surcharges;
302          (ii) uncollected surcharges; and
303          (iii) collected surcharges.
304          (4) The courts of record, courts not of record, and administrative traffic proceedings

305     shall report all collected financial information monthly to the Administrative Office of the
306     Courts. The collected information shall be categorized by cases subject to the 90% and 35%
307     surcharge.
308          [(5) The purpose of the surcharge is to finance the trust funds and support accounts as
309     provided in this part.]
310          [(6) (a) From the surcharge, the Division of Finance shall allocate in the manner and
311     for the purposes described in Sections 51-9-403 through 51-9-411.]
312          [(b) Allocations shall be made on a fiscal year basis.]
313          [(7)] (5) The provisions of this section and Section 51-9-401 may not impact the
314     distribution and allocation of fines and forfeitures imposed in accordance with Sections
315     23-14-13, 78A-5-110, and 78A-7-120.
316          Section 5. Section 51-9-412 is amended to read:
317          51-9-412. Halfway house funding -- Uses.
318          (1) As used in this section:
319          [(a) "Account" means the Law Enforcement Services Account.]
320          [(b)] (a) "Commission" means the Commission on Criminal and Juvenile Justice
321     created in Section 63M-7-201.
322          [(c)] (b) "Halfway house" means a facility that houses parolees upon release from
323     prison or houses probationers who have violated the terms of their probation.
324          [(d)] (c) "Law enforcement agency" means a local law enforcement agency.
325          [(e)] (d) "Parole violator center" means a facility that houses parolees who have
326     violated the conditions of their parole agreement.
327          [(2) There is created a restricted account within the General Fund known as the "Law
328     Enforcement Services Account."]
329          [(3) (a) The Division of Finance shall allocate funds from the collected surcharge in
330     accordance with Subsection 51-9-401(1)(c) to the account, but not to exceed the amount
331     appropriated by the Legislature.]
332          [(b) Money in the account shall be appropriated to the commission to administer and
333     distribute to law enforcement agencies providing services directly to areas with halfway houses
334     or parole violator centers, or both.]
335          [(4)] (2) The commission shall allocate funds [from the account] appropriated by the

336     Legislature to local law enforcement agencies on a pro-rata basis determined by:
337          (a) the average daily number of occupied beds in a halfway house in each agency's
338     jurisdiction for increased enforcement in areas with halfway houses;
339          (b) the average daily number of occupied beds in a parole violator center in each
340     agency's jurisdiction; or
341          (c) both Subsections [(4)] (2)(a) and (b).
342          [(5)] (3) A law enforcement agency may use funds received under this section only for
343     the purposes stated in this section.
344          [(6)] (4) For each fiscal year, any law enforcement agency that receives funds from the
345     commission under this section shall prepare, and file with the commission and the state auditor,
346     a report in a form specified by the commission. The report shall include the following:
347          (a) the agency's name;
348          (b) the amount received;
349          (c) how the funds were used, including the impact on crime reduction efforts in areas
350     with halfway houses or parole violator centers, or both; and
351          (d) a statement signed by both the agency's or political subdivision's executive officer
352     or designee and by the agency's legal counsel that all funds were used for law enforcement
353     operations related to reducing criminal activity in areas with halfway houses or parole violator
354     centers, or both.
355          Section 6. Section 53E-3-521 is enacted to read:
356          53E-3-521. Substance abuse prevention in public school programs -- Funds
357     allocated.
358          The state board shall provide for:
359          (1) substance abuse prevention and education;
360          (2) substance abuse prevention training for teachers and administrators; and
361          (3) district and school programs to supplement, not supplant, existing local prevention
362     efforts in cooperation with local substance abuse authorities.
363          Section 7. Section 62A-15-503 is amended to read:
364          62A-15-503. Assessments for DUI -- Use of money for rehabilitation programs,
365     including victim impact panels -- Rulemaking power granted.
366          (1) (a) Assessments imposed under Section 62A-15-502 may, pursuant to court order[,

367     either]:
368          [(a)] (i) be collected by the clerk of the court in which the person was convicted; or
369          [(b)] (ii) be paid directly to the licensed alcohol or drug treatment program. [Those
370     assessments]
371          (b) Assessments collected by the court [shall either be: (i) forwarded to the state
372     treasurer for credit to the Intoxicated Driver Rehabilitation Account created by Section
373     62A-15-502.5; or (ii) ] under Subsection (1)(a)(i) shall be forwarded to a special nonlapsing
374     account created by the county treasurer of the county in which the fee is collected.
375          (2) [Proceeds of the accounts described in] Assessments under Subsection (1) shall be
376     used exclusively for the operation of licensed alcohol or drug rehabilitation programs and
377     education, assessment, supervision, and other activities related to and supporting the
378     rehabilitation of persons convicted of driving while under the influence of intoxicating liquor
379     or drugs. A requirement of the rehabilitation program shall be participation with a victim
380     impact panel or program providing a forum for victims of alcohol or drug related offenses and
381     defendants to share experiences on the impact of alcohol or drug related incidents in their lives.
382     The Division of Substance Abuse and Mental Health shall establish guidelines to implement
383     victim impact panels where, in the judgment of the licensed alcohol or drug program,
384     appropriate victims are available, and shall establish guidelines for other programs where such
385     victims are not available.
386          (3) None of the assessments shall be maintained for administrative costs by the
387     division.
388          Section 8. Section 63I-1-263 is amended to read:
389          63I-1-263. Repeal dates, Titles 63A to 63N.
390          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
391          (a) Subsection 63A-1-201(1) is repealed;
392          (b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
393     the board" is repealed;
394          (c) Section 63A-1-203 is repealed;
395          (d) Subsections 63A-1-204(1) and (2), the language that states "After consultation with
396     the board, and" is repealed; and
397          (e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided

398     in Subsection 63A-1-203(3)(c)" is repealed.
399          (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
400     improvement funding, is repealed on July 1, 2024.
401          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
402          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
403     1, 2028.
404          (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
405     2025.
406          (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
407     2020.
408          (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
409     repealed July 1, 2021.
410          (8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
411     2023.
412          (9) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
413     2025.
414          (10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
415     2020.
416          (11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
417          (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
418          (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
419          (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
420     be a legislator, in accordance with Subsection (3)(e)," is repealed;
421          (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
422          "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
423     Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
424     year that the board member was appointed.";
425          (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
426     president of the Senate, the speaker of the House, the governor," is repealed and replaced with
427     "the governor"; and
428          (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is

429     repealed.
430          (12) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
431          (13) Section 63M-7-212 is repealed on December 31, 2019.
432          (14) On July 1, 2025:
433          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
434     Development Coordinating Committee," is repealed;
435          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
436     sites for the transplant of species to local government officials having jurisdiction over areas
437     that may be affected by a transplant.";
438          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
439     Coordinating Committee" is repealed;
440          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
441     Coordinating Committee created in Section 63J-4-501 and" is repealed;
442          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
443     Coordinating Committee and" is repealed;
444          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
445     accordingly;
446          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
447          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
448     word "and" is inserted immediately after the semicolon;
449          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
450          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
451     and
452          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
453     renumbered accordingly.
454          (15) Subsection 63J-1-602.1[(13)](12), Nurse Home Visiting Restricted Account is
455     repealed July 1, 2026.
456          (16) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
457     Commission, is repealed July 1, 2023.
458          (17) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
459     July 1, 2022.

460          (18) (a) Subsection 63J-1-602.1[(53)](52), relating to the Utah Statewide Radio System
461     Restricted Account, is repealed July 1, 2022.
462          (b) When repealing Subsection 63J-1-602.1[(53)](52), the Office of Legislative
463     Research and General Counsel shall, in addition to the office's authority under Subsection
464     36-12-12(3), make necessary changes to subsection numbering and cross references.
465          (19) Subsection 63J-1-602.2[(23)](25), related to the Utah Seismic Safety
466     Commission, is repealed January 1, 2025.
467          (20) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on January
468     1, 2023, is amended to read:
469          "(1) On or before October 1, the board shall provide an annual written report to the
470     Social Services Appropriations Subcommittee and the Economic Development and Workforce
471     Services Interim Committee.".
472          (21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
473     January 1, 2023:
474          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
475     repealed;
476          (b) Section 63M-7-305, the language that states "council" is replaced with
477     "commission";
478          (c) Subsection 63M-7-305(1) is repealed and replaced with:
479          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
480          (d) Subsection 63M-7-305(2) is repealed and replaced with:
481          "(2) The commission shall:
482          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
483     Drug-Related Offenses Reform Act; and
484          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
485     Subsections 77-18-1(5)(b)(iii) and (iv).".
486          (22) The Crime Victim Reparations and Assistance Board, created in Section
487     63M-7-504, is repealed July 1, 2027.
488          (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
489          (24) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
490     on January 1, 2023.

491          (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
492          (26) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
493     repealed January 1, 2021.
494          (b) Subject to Subsection (26)(c), Sections 59-7-610 and 59-10-1007 regarding tax
495     credits for certain persons in recycling market development zones, are repealed for taxable
496     years beginning on or after January 1, 2021.
497          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
498          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
499     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
500          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
501     the expenditure is made on or after January 1, 2021.
502          (d) Notwithstanding Subsections (26)(b) and (c), a person may carry forward a tax
503     credit in accordance with Section 59-7-610 or 59-10-1007 if:
504          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
505          (ii) (A) for the purchase price of machinery or equipment described in Section
506     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
507     2020; or
508          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
509     expenditure is made on or before December 31, 2020.
510          (27) Section 63N-2-512 is repealed on July 1, 2021.
511          (28) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
512     January 1, 2021.
513          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
514     calendar years beginning on or after January 1, 2021.
515          (c) Notwithstanding Subsection (28)(b), an entity may carry forward a tax credit in
516     accordance with Section 59-9-107 if:
517          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
518     31, 2020; and
519          (ii) the qualified equity investment that is the basis of the tax credit is certified under
520     Section 63N-2-603 on or before December 31, 2023.
521          (29) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.

522          (30) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
523     July 1, 2023.
524          (31) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
525     is repealed January 1, 2023.
526          (32) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:
527          (a) Subsection 63N-10-201(2)(a) is amended to read:
528          "(2) (a) The governor shall appoint five commission members with the advice and
529     consent of the Senate.";
530          (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
531          (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
532     respectively," is repealed; and
533          (d) Subsection 63N-10-201(3)(d) is amended to read:
534          "(d) The governor may remove a commission member for any reason and replace the
535     commission member in accordance with this section.".
536          (33) In relation to the Talent Ready Utah Board, on January 1, 2023:
537          (a) Subsection 9-22-102(16) is repealed;
538          (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
539     repealed; and
540          (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
541     Utah," is repealed.
542          (34) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
543     2023.
544          Section 9. Section 63I-2-263 is amended to read:
545          63I-2-263. Repeal dates, Title 63A to Title 63N.
546          (1) On July 1, 2020:
547          (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
548          (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
549     May 8, 2018," is repealed.
550          (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
551          (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
552     repealed July 1, 2020.

553          (4) The following sections regarding the World War II Memorial Commission are
554     repealed on July 1, 2020:
555          (a) Section 63G-1-801;
556          (b) Section 63G-1-802;
557          (c) Section 63G-1-803; and
558          (d) Section 63G-1-804.
559          (5) In relation to the State Fair Park Committee, on January 1, 2021:
560          (a) Section 63H-6-104.5 is repealed; and
561          (b) Subsections 63H-6-104(8) and (9) are repealed.
562          (6) Section 63H-7a-303 is repealed on July 1, 2022.
563          (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
564          (a) Subsection 63J-1-602.1[(52)](51) is repealed;
565          (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
566     and
567          (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
568          (8) Section 63J-4-708 is repealed January 1, 2023.
569          Section 10. Section 63J-1-602.1 is amended to read:
570          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
571          Appropriations made from the following accounts or funds are nonlapsing:
572          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
573     and Leadership Restricted Account created in Section 4-42-102.
574          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
575          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
576     Section 9-18-102.
577          (4) The National Professional Men's Soccer Team Support of Building Communities
578     Restricted Account created in Section 9-19-102.
579          (5) Funds collected for directing and administering the C-PACE district created in
580     Section 11-42a-302.
581          (6) The "Support for State-Owned Shooting Ranges Restricted Account" created in
582     Section 23-14-13.5.
583          (7) Award money under the State Asset Forfeiture Grant Program, as provided under

584     Section 24-4-117.
585          (8) Funds collected from the program fund for local health department expenses
586     incurred in responding to a local health emergency under Section 26-1-38.
587          [(9) Funds collected from the emergency medical services grant program, as provided
588     in Section 26-8a-207.]
589          [(10)] (9) The Children with Cancer Support Restricted Account created in Section
590     26-21a-304.
591          [(11)] (10) State funds for matching federal funds in the Children's Health Insurance
592     Program as provided in Section 26-40-108.
593          [(12)] (11) The Children with Heart Disease Support Restricted Account created in
594     Section 26-58-102.
595          [(13)] (12) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
596          [(14)] (13) The Technology Development Restricted Account created in Section
597     31A-3-104.
598          [(15)] (14) The Criminal Background Check Restricted Account created in Section
599     31A-3-105.
600          [(16)] (15) The Captive Insurance Restricted Account created in Section 31A-3-304,
601     except to the extent that Section 31A-3-304 makes the money received under that section free
602     revenue.
603          [(17)] (16) The Title Licensee Enforcement Restricted Account created in Section
604     31A-23a-415.
605          [(18)] (17) The Health Insurance Actuarial Review Restricted Account created in
606     Section 31A-30-115.
607          [(19)] (18) The Insurance Fraud Investigation Restricted Account created in Section
608     31A-31-108.
609          [(20)] (19) The Underage Drinking Prevention Media and Education Campaign
610     Restricted Account created in Section 32B-2-306.
611          [(21)] (20) The School Readiness Restricted Account created in Section 35A-15-203.
612          [(22)] (21) Money received by the Utah State Office of Rehabilitation for the sale of
613     certain products or services, as provided in Section 35A-13-202.
614          [(23)] (22) The Oil and Gas Conservation Account created in Section 40-6-14.5.

615          [(24)] (23) The Electronic Payment Fee Restricted Account created by Section
616     41-1a-121 to the Motor Vehicle Division.
617          [(25)] (24) The Motor Vehicle Enforcement Division Temporary Permit Restricted
618     Account created by Section 41-3-110 to the State Tax Commission.
619          [(26)] (25) The Utah Law Enforcement Memorial Support Restricted Account created
620     in Section 53-1-120.
621          [(27)] (26) The State Disaster Recovery Restricted Account to the Division of
622     Emergency Management, as provided in Section 53-2a-603.
623          [(28)] (27) The Department of Public Safety Restricted Account to the Department of
624     Public Safety, as provided in Section 53-3-106.
625          [(29)] (28) The Utah Highway Patrol Aero Bureau Restricted Account created in
626     Section 53-8-303.
627          [(30)] (29) The DNA Specimen Restricted Account created in Section 53-10-407.
628          [(31)] (30) The Canine Body Armor Restricted Account created in Section 53-16-201.
629          [(32)] (31) The Technical Colleges Capital Projects Fund created in Section
630     53B-2a-118.
631          [(33)] (32) The Higher Education Capital Projects Fund created in Section
632     53B-22-202.
633          [(34)] (33) A certain portion of money collected for administrative costs under the
634     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
635          [(35)] (34) The Public Utility Regulatory Restricted Account created in Section
636     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
637          [(36)] (35) Funds collected from a surcharge fee to provide certain licensees with
638     access to an electronic reference library, as provided in Section 58-3a-105.
639          [(37)] (36) Certain fines collected by the Division of Occupational and Professional
640     Licensing for violation of unlawful or unprofessional conduct that are used for education and
641     enforcement purposes, as provided in Section 58-17b-505.
642          [(38)] (37) Funds collected from a surcharge fee to provide certain licensees with
643     access to an electronic reference library, as provided in Section 58-22-104.
644          [(39)] (38) Funds collected from a surcharge fee to provide certain licensees with
645     access to an electronic reference library, as provided in Section 58-55-106.

646          [(40)] (39) Funds collected from a surcharge fee to provide certain licensees with
647     access to an electronic reference library, as provided in Section 58-56-3.5.
648          [(41)] (40) Certain fines collected by the Division of Occupational and Professional
649     Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
650     provided in Section 58-63-103.
651          [(42)] (41) The Relative Value Study Restricted Account created in Section 59-9-105.
652          [(43)] (42) The Cigarette Tax Restricted Account created in Section 59-14-204.
653          [(44)] (43) Funds paid to the Division of Real Estate for the cost of a criminal
654     background check for a mortgage loan license, as provided in Section 61-2c-202.
655          [(45)] (44) Funds paid to the Division of Real Estate for the cost of a criminal
656     background check for principal broker, associate broker, and sales agent licenses, as provided
657     in Section 61-2f-204.
658          [(46)] (45) Certain funds donated to the Department of Human Services, as provided in
659     Section 62A-1-111.
660          [(47)] (46) The National Professional Men's Basketball Team Support of Women and
661     Children Issues Restricted Account created in Section 62A-1-202.
662          [(48)] (47) Certain funds donated to the Division of Child and Family Services, as
663     provided in Section 62A-4a-110.
664          [(49)] (48) The Choose Life Adoption Support Restricted Account created in Section
665     62A-4a-608.
666          [(50)] (49) Funds collected by the Office of Administrative Rules for publishing, as
667     provided in Section 63G-3-402.
668          [(51)] (50) The Immigration Act Restricted Account created in Section 63G-12-103.
669          [(52)] (51) Money received by the military installation development authority, as
670     provided in Section 63H-1-504.
671          [(53)] (52) The Computer Aided Dispatch Restricted Account created in Section
672     63H-7a-303.
673          [(54)] (53) The Unified Statewide 911 Emergency Service Account created in Section
674     63H-7a-304.
675          [(55)] (54) The Utah Statewide Radio System Restricted Account created in Section
676     63H-7a-403.

677          [(56)] (55) The Employability to Careers Program Restricted Account created in
678     Section 63J-4-703.
679          [(57)] (56) The Motion Picture Incentive Account created in Section 63N-8-103.
680          [(58)] (57) Certain money payable for expenses of the Pete Suazo Utah Athletic
681     Commission, as provided under Section 63N-10-301.
682          [(59)] (58) Funds collected by the housing of state probationary inmates or state parole
683     inmates, as provided in Subsection 64-13e-104(2).
684          [(60)] (59) Certain forestry and fire control funds utilized by the Division of Forestry,
685     Fire, and State Lands, as provided in Section 65A-8-103.
686          [(61)] (60) The Transportation of Veterans to Memorials Support Restricted Account
687     created in Section 71-14-102.
688          [(62)] (61) The Amusement Ride Safety Restricted Account, as provided in Section
689     72-16-204.
690          [(63)] (62) Certain funds received by the Office of the State Engineer for well drilling
691     fines or bonds, as provided in Section 73-3-25.
692          [(64)] (63) The Water Resources Conservation and Development Fund, as provided in
693     Section 73-23-2.
694          [(65)] (64) Funds donated or paid to a juvenile court by private sources, as provided in
695     Subsection 78A-6-203(1)(c).
696          [(66)] (65) Fees for certificate of admission created under Section 78A-9-102.
697          [(67)] (66) Funds collected for adoption document access as provided in Sections
698     78B-6-141, 78B-6-144, and 78B-6-144.5.
699          [(68)] (67) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
700     Part 4, Utah Indigent Defense Commission.
701          [(69)] (68) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
702     State Park, Jordan River State Park, and Green River State Park, as provided under Section
703     79-4-403.
704          [(70)] (69) Certain funds received by the Division of Parks and Recreation from the
705     sale or disposal of buffalo, as provided under Section 79-4-1001.
706          Section 11. Section 63J-1-602.2 is amended to read:
707          63J-1-602.2. List of nonlapsing appropriations to programs.

708          Appropriations made to the following programs are nonlapsing:
709          (1) The Legislature and [its] the Legislature's committees.
710          (2) The Percent-for-Art Program created in Section 9-6-404.
711          (3) The LeRay McAllister Critical Land Conservation Program created in Section
712     11-38-301.
713          (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
714     Subsection 17-16-21(2)(d)(ii).
715          (5) The Trip Reduction Program created in Section 19-2a-104.
716          (6) The Division of Wildlife Resources for the appraisal and purchase of lands under
717     the Pelican Management Act, as provided in Section 23-21a-6.
718          (7) The emergency medical services grant program in Section 26-8a-207.
719          [(7)] (8) The primary care grant program created in Section 26-10b-102.
720          [(8)] (9) Sanctions collected as dedicated credits from Medicaid provider under
721     Subsection 26-18-3(7).
722          [(9)] (10) The Utah Health Care Workforce Financial Assistance Program created in
723     Section 26-46-102.
724          [(10)] (11) The Rural Physician Loan Repayment Program created in Section
725     26-46a-103.
726          [(11)] (12) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
727          [(12)] (13) Funds that the Department of Alcoholic Beverage Control retains in
728     accordance with Subsection 32B-2-301(7)(a) or (b).
729          [(13)] (14) The General Assistance program administered by the Department of
730     Workforce Services, as provided in Section 35A-3-401.
731          [(14)] (15) A new program or agency that is designated as nonlapsing under Section
732     36-24-101.
733          [(15)] (16) The Utah National Guard, created in Title 39, Militia and Armories.
734          [(16)] (17) The State Tax Commission under Section 41-1a-1201 for the:
735          (a) purchase and distribution of license plates and decals; and
736          (b) administration and enforcement of motor vehicle registration requirements.
737          [(17)] (18) The Search and Rescue Financial Assistance Program, as provided in
738     Section 53-2a-1102.

739          [(18)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
740          [(19)] (20) The State Board of Regents for teacher preparation programs, as provided
741     in Section 53B-6-104.
742          [(20)] (21) The Medical Education Program administered by the Medical Education
743     Council, as provided in Section 53B-24-202.
744          [(21)] (22) The State Board of Education, as provided in Section 53F-2-205.
745          [(22)] (23) The Division of Services for People with Disabilities, as provided in
746     Section 62A-5-102.
747          [(23)] (24) The Division of Fleet Operations for the purpose of upgrading underground
748     storage tanks under Section 63A-9-401.
749          [(24)] (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
750          [(25)] (26) Appropriations to the Department of Technology Services for technology
751     innovation as provided under Section 63F-4-202.
752          [(26)] (27) The Office of Administrative Rules for publishing, as provided in Section
753     63G-3-402.
754          [(27)] (28) The Utah Science Technology and Research Initiative created in Section
755     63M-2-301.
756          [(28)] (29) The Governor's Office of Economic Development to fund the Enterprise
757     Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
758          [(29)] (30) Appropriations to fund the Governor's Office of Economic Development's
759     Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
760     Employment Expansion Program.
761          [(30)] (31) The Department of Human Resource Management user training program, as
762     provided in Section 67-19-6.
763          [(31)] (32) A public safety answering point's emergency telecommunications service
764     fund, as provided in Section 69-2-301.
765          [(32)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
766          [(33)] (34) The Judicial Council for compensation for special prosecutors, as provided
767     in Section 77-10a-19.
768          [(34)] (35) A state rehabilitative employment program, as provided in Section
769     78A-6-210.

770          [(35)] (36) The Utah Geological Survey, as provided in Section 79-3-401.
771          [(36)] (37) The Bonneville Shoreline Trail Program created under Section 79-5-503.
772          [(37)] (38) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
773     and 78B-6-144.5.
774          [(38)] (39) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
775     Defense Commission.
776          [(39)] (40) The program established by the Division of Facilities Construction and
777     Management under Subsection 63A-5-228(3) under which state agencies receive an
778     appropriation and pay lease payments for the use and occupancy of buildings owned by the
779     Division of Facilities Construction and Management.
780          Section 12. Section 63M-7-204 is amended to read:
781          63M-7-204. Duties of commission.
782          (1) The State Commission on Criminal and Juvenile Justice administration shall:
783          (a) promote the commission's purposes as enumerated in Section 63M-7-201;
784          (b) promote the communication and coordination of all criminal and juvenile justice
785     agencies;
786          (c) study, evaluate, and report on the status of crime in the state and on the
787     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
788     reduction of crime in the state;
789          (d) study, evaluate, and report on programs initiated by state and local agencies to
790     address reducing recidivism, including changes in penalties and sentencing guidelines intended
791     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
792     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
793     alternative to incarceration, as resources allow;
794          (e) study, evaluate, and report on policies, procedures, and programs of other
795     jurisdictions which have effectively reduced crime;
796          (f) identify and promote the implementation of specific policies and programs the
797     commission determines will significantly reduce crime in Utah;
798          (g) provide analysis and recommendations on all criminal and juvenile justice
799     legislation, state budget, and facility requests, including program and fiscal impact on all
800     components of the criminal and juvenile justice system;

801          (h) provide analysis, accountability, recommendations, and supervision for state and
802     federal criminal justice grant money;
803          (i) provide public information on the criminal and juvenile justice system and give
804     technical assistance to agencies or local units of government on methods to promote public
805     awareness;
806          (j) promote research and program evaluation as an integral part of the criminal and
807     juvenile justice system;
808          (k) provide a comprehensive criminal justice plan annually;
809          (l) review agency forecasts regarding future demands on the criminal and juvenile
810     justice systems, including specific projections for secure bed space;
811          (m) promote the development of criminal and juvenile justice information systems that
812     are consistent with common standards for data storage and are capable of appropriately sharing
813     information with other criminal justice information systems by:
814          (i) developing and maintaining common data standards for use by all state criminal
815     justice agencies;
816          (ii) annually performing audits of criminal history record information maintained by
817     state criminal justice agencies to assess their accuracy, completeness, and adherence to
818     standards;
819          (iii) defining and developing state and local programs and projects associated with the
820     improvement of information management for law enforcement and the administration of
821     justice; and
822          (iv) establishing general policies concerning criminal and juvenile justice information
823     systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
824     Subsection (1)(m);
825          (n) allocate and administer grants, from money made available, for approved education
826     programs to help prevent the sexual exploitation of children;
827          (o) allocate and administer grants [funded from money from the Law Enforcement
828     Operations Account created in Section 51-9-411] for law enforcement operations and programs
829     related to reducing illegal drug activity and related criminal activity;
830          (p) request, receive, and evaluate data and recommendations collected and reported by
831     agencies and contractors related to policies recommended by the commission regarding

832     recidivism reduction;
833          (q) establish and administer a performance incentive grant program that allocates funds
834     appropriated by the Legislature to programs and practices implemented by counties that reduce
835     recidivism and reduce the number of offenders per capita who are incarcerated;
836          (r) oversee or designate an entity to oversee the implementation of juvenile justice
837     reforms;
838          (s) make rules and administer the juvenile holding room standards and juvenile jail
839     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
840     pursuant to 42 U.S.C. Sec. 5633;
841          (t) allocate and administer grants, from money made available, for pilot qualifying
842     education programs;
843          (u) oversee the trauma-informed justice program described in Section 63M-7-209; and
844          (v) administer the Child Welfare Parental Defense Program in accordance with
845     Sections 63M-7-211, 63M-7-211.1, and 63M-7-211.2.
846          (2) If the commission designates an entity under Subsection (1)(r), the commission
847     shall ensure that the membership of the entity includes representation from the three branches
848     of government and, as determined by the commission, representation from relevant stakeholder
849     groups across all parts of the juvenile justice system, including county representation.
850          Section 13. Section 63M-7-213, which is renumbered from Section 51-9-411 is
851     renumbered and amended to read:
852          [51-9-411].      63M-7-213. Commission on Criminal and Juvenile Justice --
853     Grants.
854          (1) As used in this section:
855          [(a) "Account" means the Law Enforcement Operations Account.]
856          [(b)] (a) "Commission" means the Commission on Criminal and Juvenile Justice
857     created in Section 63M-7-201.
858          [(c)] (b) "Law enforcement agency" means a state or local law enforcement agency.
859          [(d)] (c) "Other appropriate agency" means a state or local government agency, or a
860     nonprofit organization, that works to prevent illegal drug activity and enforce laws regarding
861     illegal drug activity and related criminal activity by:
862          (i) programs, including education, prevention, treatment, and research programs; and

863          (ii) enforcement of laws regarding illegal drugs.
864          [(2) There is created a restricted account within the General Fund known as the Law
865     Enforcement Operations Account.]
866          [(3) (a) The Division of Finance shall allocate the balance of the collected surcharge
867     under Section 51-9-401 that is not allocated under Title 51, Chapter 9, Part 4, Criminal
868     Conviction Surcharge Allocation, to the account, to be appropriated by the Legislature.]
869          [(b) Money in the account shall be appropriated to the commission for implementing
870     law enforcement operations and programs related to reducing illegal drug activity and related
871     criminal activity as listed in Subsection (5).]
872          [(c) The state treasurer shall invest money in the account according to Title 51, Chapter
873     7, State Money Management Act.]
874          [(d) The Division of Finance shall deposit interest or other earnings derived from
875     investment of account money into the General Fund.]
876          [(4) (a) The commission shall allocate grants of funds from the account for the
877     purposes under Subsection (5) to state, local, or multijurisdictional law enforcement agencies
878     and other appropriate agencies.]
879          [(b) The grants shall be made by an application process established by the commission
880     in accordance with Subsection (6).]
881          (2) The commission shall implement law enforcement operations and programs related
882     to reducing illegal drug activity as listed in Subsection (3).
883          [(5)] (3) (a) The first priority of the commission is to annually allocate not more than
884     $2,500,000, depending upon funding available from other sources, to directly fund the
885     operational costs of state and local law enforcement agencies' drug or crime task forces,
886     including multijurisdictional task forces.
887          (b) The second priority of the commission is to allocate grants for specified law
888     enforcement agency functions and other agency functions as the commission finds appropriate
889     to more effectively reduce illegal drug activity and related criminal activity, including
890     providing education, prevention, treatment, and research programs.
891          [(6)] (4) (a) In allocating grants and determining the amount of the grants, the
892     commission shall consider:
893          (i) the demonstrated ability of the agency to appropriately use the grant to implement

894     the proposed functions and how this function or task force will add to the law enforcement
895     agency's current efforts to reduce illegal drug activity and related criminal activity; and
896          (ii) the agency's cooperation with other state and local agencies and task forces.
897          (b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
898     and policy requirements applicable under this section and under Title 63M, Chapter 7,
899     Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
900          [(7)] (5) Recipient agencies may only use grant money after approval or appropriation
901     by the agency's governing body, and a determination that the grant money is nonlapsing.
902          [(8)] (6) A recipient law enforcement agency may use funds granted under this section
903     only for the purposes stated by the commission in the grant.
904          [(9)] (7) (a) For each fiscal year, any law enforcement agency that receives a grant from
905     the commission under this section shall prepare[,] and file with the commission and the state
906     auditor[,] a report in a form specified by the commission.
907          (b) The report shall include the following regarding each grant:
908          [(a)] (i) the agency's name;
909          [(b)] (ii) the amount of the grant;
910          [(c)] (iii) the date of the grant;
911          [(d)] (iv) how the grant has been used; and
912          [(e)] (v) a statement signed by both the agency's or political subdivision's executive
913     officer or designee and by the agency's legal counsel, that all grant funds were used for law
914     enforcement operations and programs approved by the commission and that relate to reducing
915     illegal drug activity and related criminal activity, as specified in the grant.
916          Section 14. Section 63M-7-502 is amended to read:
917          63M-7-502. Definitions.
918          As used in this chapter:
919          (1) "Accomplice" means a person who has engaged in criminal conduct as defined in
920     Section 76-2-202.
921          (2) "Board" means the Crime Victim Reparations and Assistance Board created under
922     Section 63M-7-504.
923          (3) "Bodily injury" means physical pain, illness, or any impairment of physical
924     condition.

925          (4) "Claim" means:
926          (a) the victim's application or request for a reparations award; and
927          (b) the formal action taken by a victim to apply for reparations pursuant to this chapter.
928          (5) "Claimant" means any of the following claiming reparations under this chapter:
929          (a) a victim;
930          (b) a dependent of a deceased victim;
931          (c) a representative other than a collateral source; or
932          (d) the person or representative who files a claim on behalf of a victim.
933          (6) "Child" means an unemancipated person who is under 18 years [of age] old.
934          (7) "Collateral source" means the definition as provided in Section 63M-7-513.
935          (8) "Contested case" means a case which the claimant contests, claiming the award was
936     either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
937     officer, or other individual related to the criminal investigation proffers reasonable evidence of
938     the claimant's lack of cooperation in the prosecution of a case after an award has already been
939     given.
940          (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
941     means conduct that:
942          (i) is or would be subject to prosecution in this state under Section 76-1-201;
943          (ii) occurs or is attempted;
944          (iii) causes, or poses a substantial threat of causing, bodily injury or death;
945          (iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
946     possessed the capacity to commit the conduct; and
947          (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
948     aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
949     conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
950     Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
951          (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
952     Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
953     does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
954          (c) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
955     other conduct leading to the psychological injury of a person resulting from living in a setting

956     that involves a bigamous relationship.
957          (10) "Dependent" means a natural person to whom the victim is wholly or partially
958     legally responsible for care or support and includes a child of the victim born after the victim's
959     death.
960          (11) "Dependent's economic loss" means loss after the victim's death of contributions
961     of things of economic value to the victim's dependent, not including services the dependent
962     would have received from the victim if the victim had not suffered the fatal injury, less
963     expenses of the dependent avoided by reason of victim's death.
964          (12) "Dependent's replacement services loss" means loss reasonably and necessarily
965     incurred by the dependent after the victim's death in obtaining services in lieu of those the
966     decedent would have performed for the victim's benefit if the victim had not suffered the fatal
967     injury, less expenses of the dependent avoided by reason of the victim's death and not
968     subtracted in calculating the dependent's economic loss.
969          (13) "Director" means the director of the Utah Office for Victims of Crime.
970          (14) "Disposition" means the sentencing or determination of penalty or punishment to
971     be imposed upon a person:
972          (a) convicted of a crime;
973          (b) found delinquent; or
974          (c) against whom a finding of sufficient facts for conviction or finding of delinquency
975     is made.
976          (15) "Economic loss" means economic detriment consisting only of allowable expense,
977     work loss, replacement services loss, and if injury causes death, dependent's economic loss and
978     dependent's replacement service loss. Noneconomic detriment is not loss, but economic
979     detriment is loss although caused by pain and suffering or physical impairment.
980          (16) "Elderly victim" means a person 60 years [of age] old or older who is a victim.
981          (17) "Fraudulent claim" means a filed claim based on material misrepresentation of
982     fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds
983     for which the claimant is not eligible as provided in Section 63M-7-510.
984          (18) "Fund" means the Crime Victim Reparations Fund created in Section [51-9-404]
985     63M-7-526.
986          (19) "Law enforcement officer" means a law enforcement officer as defined in Section

987     53-13-103.
988          (20) "Medical examination" means a physical examination necessary to document
989     criminally injurious conduct but does not include mental health evaluations for the prosecution
990     and investigation of a crime.
991          (21) "Mental health counseling" means outpatient and inpatient counseling necessitated
992     as a result of criminally injurious conduct. The definition of mental health counseling is
993     subject to rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah
994     Administrative Rulemaking Act.
995          (22) "Misconduct" as provided in Subsection 63M-7-512(1)(b) means conduct by the
996     victim which was attributable to the injury or death of the victim as provided by rules
997     promulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
998     Act.
999          (23) "Noneconomic detriment" means pain, suffering, inconvenience, physical
1000     impairment, and other nonpecuniary damage, except as provided in this chapter.
1001          (24) "Pecuniary loss" does not include loss attributable to pain and suffering except as
1002     otherwise provided in this chapter.
1003          (25) "Offender" means a person who has violated the criminal code through criminally
1004     injurious conduct regardless of whether the person is arrested, prosecuted, or convicted.
1005          (26) "Offense" means a violation of the criminal code.
1006          (27) "Perpetrator" means the person who actually participated in the criminally
1007     injurious conduct.
1008          (28) "Reparations officer" means a person employed by the office to investigate claims
1009     of victims and award reparations under this chapter, and includes the director when the director
1010     is acting as a reparations officer.
1011          (29) "Replacement service loss" means expenses reasonably and necessarily incurred in
1012     obtaining ordinary and necessary services in lieu of those the injured person would have
1013     performed, not for income but the benefit of the injured person or the injured person's
1014     dependents if the injured person had not been injured.
1015          (30) "Representative" means the victim, immediate family member, legal guardian,
1016     attorney, conservator, executor, or an heir of a person but does not include service providers.
1017          (31) "Restitution" means money or services an appropriate authority orders an offender

1018     to pay or render to a victim of the offender's conduct.
1019          (32) "Secondary victim" means a person who is traumatically affected by the criminally
1020     injurious conduct subject to rules promulgated by the board pursuant to Title 63G, Chapter 3,
1021     Utah Administrative Rulemaking Act.
1022          (33) "Service provider" means a person or agency who provides a service to crime
1023     victims for a monetary fee except attorneys as provided in Section 63M-7-524.
1024          (34) "Utah Office for Victims of Crime" or "office" means the director, the reparations
1025     and assistance officers, and any other staff employed for the purpose of carrying out the
1026     provisions of this chapter.
1027          (35) (a) "Victim" means a person who suffers bodily or psychological injury or death as
1028     a direct result of criminally injurious conduct or of the production of pornography in violation
1029     of Section 76-5b-201 if the person is a minor.
1030          (b) "Victim" does not include a person who participated in or observed the judicial
1031     proceedings against an offender unless otherwise provided by statute or rule.
1032          (c) "Victim" includes a resident of this state who is injured or killed by an act of
1033     terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
1034          (36) "Work loss" means loss of income from work the injured victim would have
1035     performed if the injured victim had not been injured and expenses reasonably incurred by the
1036     injured victim in obtaining services in lieu of those the injured victim would have performed
1037     for income, reduced by any income from substitute work the injured victim was capable of
1038     performing but unreasonably failed to undertake.
1039          Section 15. Section 63M-7-526 is enacted to read:
1040          63M-7-526. Crime Victims Reparations Fund.
1041          (1) (a) There is created an expendable special revenue fund known as the "Crime
1042     Victim Reparations Fund" to be administered and distributed as provided in this section by the
1043     office in cooperation with the Division of Finance.
1044          (b) The fund shall consist of:
1045          (i) appropriations by the Legislature; and
1046          (ii) funds collected under Subsections (2) and (3).
1047          (c) Money deposited in this fund is for victim reparations, other victim services, and, as
1048     appropriated, for administrative costs of the office.

1049          (2) (a) A percentage of the income earned by inmates working for correctional
1050     industries in a federally certified private sector/prison industries enhancement program shall be
1051     deposited in the fund.
1052          (b) The percentage of income deducted from inmate pay under Subsection (2)(a) shall
1053     be determined by the executive director of the Department of Corrections in accordance with
1054     the requirements of the private sector/prison industries enhancement program.
1055          (3) (a) Judges are encouraged to, and may in their discretion, impose additional
1056     reparations to be paid into the fund by convicted criminals.
1057          (b) The additional discretionary reparations may not exceed the statutory maximum
1058     fine permitted by Title 76, Utah Criminal Code, for that offense.
1059          Section 16. Section 67-5a-8 is amended to read:
1060          67-5a-8. Administration.
1061          [(1) (a) The administration costs of this chapter, including council staff compensation,
1062     shall be funded from appropriations made by the Legislature to the Office of the Attorney
1063     General for the support of the council from the Public Safety Support Account established in
1064     Section 51-9-404.]
1065          [(b) Funds available from other sources may also be appropriated by the Legislature to
1066     the Office of the Attorney General for the administration of this chapter.]
1067          [(2)] (1) In exercising its duties in the administration of this chapter, the council shall
1068     minimize costs of administration and utilize existing training facilities and resources where
1069     possible so the greatest portion of the funds available are expended for training prosecuting
1070     attorneys.
1071          [(3)] (2) Council staff may receive per diem and travel expenses in accordance with:
1072          (a) Section 63A-3-106;
1073          (b) Section 63A-3-107; and
1074          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1075     63A-3-107.
1076          Section 17. Section 77-38-302 is amended to read:
1077          77-38-302. Definitions.
1078          As used in this part:
1079          (1) "Convicted person" means a person who has been convicted of a crime.

1080          (2) "Conviction" means an adjudication by a federal or state court resulting from a trial
1081     or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity,
1082     or not guilty but having a mental illness regardless of whether the sentence was imposed or
1083     suspended.
1084          (3) "Fund" means the Crime Victim Reparations Fund created in Section [51-9-404]
1085     63M-7-526.
1086          (4) "Memorabilia" means any tangible property of a convicted person or a
1087     representative or assignee of a convicted person, the value of which is enhanced by the
1088     notoriety gained from the criminal activity for which the person was convicted.
1089          (5) "Notoriety of crimes contract" means a contract or other agreement with a
1090     convicted person, or a representative or assignee of a convicted person, with respect to:
1091          (a) the reenactment of a crime in any manner including a movie, book, magazine
1092     article, Internet website, recording, phonograph record, radio or television presentation, or live
1093     entertainment of any kind;
1094          (b) the expression of the convicted person's thoughts, feelings, opinions, or emotions
1095     regarding a crime involving or causing personal injury, death, or property loss as a direct result
1096     of the crime; or
1097          (c) the payment or exchange of any money or other consideration or the proceeds or
1098     profits that directly or indirectly result from the notoriety of the crime.
1099          (6) "Office" means the Utah Office for Victims of Crime.
1100          (7) "Profit" means any income or benefit:
1101          (a) over and above the fair market value of tangible property that is received upon the
1102     sale or transfer of memorabilia; or
1103          (b) any money, negotiable instruments, securities, or other consideration received or
1104     contracted for gain which is traceable to a notoriety of crimes contract.
1105          Section 18. Section 78A-2-301 is amended to read:
1106          78A-2-301. Civil fees of the courts of record -- Courts complex design.
1107          (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
1108     court of record not governed by another subsection is [$360] $375.
1109          (b) The fee for filing a complaint or petition is:
1110          (i) [$75] $90 if the claim for damages or amount in interpleader exclusive of court

1111     costs, interest, and attorney fees is $2,000 or less;
1112          (ii) [$185] $200 if the claim for damages or amount in interpleader exclusive of court
1113     costs, interest, and attorney fees is greater than $2,000 and less than $10,000;
1114          (iii) [$360] $375 if the claim for damages or amount in interpleader is $10,000 or
1115     more;
1116          (iv) [$310] $325 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
1117     Chapter 4, Separate Maintenance;
1118          (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5;
1119          (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
1120     Registry under Section 77-41-112; and
1121          (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
1122     adoptive child of the petitioner.
1123          (c) The fee for filing a small claims affidavit is:
1124          (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
1125     interest, and attorney fees is $2,000 or less;
1126          (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
1127     interest, and attorney fees is greater than $2,000, but less than $7,500; and
1128          (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
1129     interest, and attorney fees is $7,500 or more.
1130          (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
1131     complaint, or other claim for relief against an existing or joined party other than the original
1132     complaint or petition is:
1133          (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
1134     $2,000 or less;
1135          (ii) [$150] $165 if the claim for relief exclusive of court costs, interest, and attorney
1136     fees is greater than $2,000 and less than $10,000;
1137          (iii) [$155] $170 if the original petition is filed under Subsection (1)(a), the claim for
1138     relief is $10,000 or more, or the party seeks relief other than monetary damages; and
1139          (iv) [$115] $130 if the original petition is filed under Title 30, Chapter 3, Divorce, or
1140     Title 30, Chapter 4, Separate Maintenance.
1141          (e) The fee for filing a small claims counter affidavit is:

1142          (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
1143     $2,000 or less;
1144          (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
1145     greater than $2,000, but less than $7,500; and
1146          (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
1147     $7,500 or more.
1148          (f) The fee for depositing funds under Section 57-1-29 when not associated with an
1149     action already before the court is determined under Subsection (1)(b) based on the amount
1150     deposited.
1151          (g) The fee for filing a petition is:
1152          (i) [$225] $240 for trial de novo of an adjudication of the justice court or of the small
1153     claims department; and
1154          (ii) [$65] $80 for an appeal of a municipal administrative determination in accordance
1155     with Section 10-3-703.7.
1156          (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
1157     petition for writ of certiorari is [$225] $240.
1158          (i) The fee for filing a petition for expungement is [$135] $150.
1159          (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
1160     allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
1161     Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
1162     Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
1163     Act.
1164          (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
1165     allocated by the state treasurer to be deposited in the restricted account, Children's Legal
1166     Defense Account, as provided in Section 51-9-408.
1167          (iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
1168     and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
1169     in Section 78B-6-209.
1170          (iv) [Fifteen] Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and
1171     (iv), (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
1172     deposited in the restricted account, Court Security Account, as provided in Section 78A-2-602.

1173          (v) [Five] Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii),
1174     (1)(d)(ii) and (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted
1175     account, Court Security Account, as provided in Section 78A-2-602.
1176          (k) The fee for filing a judgment, order, or decree of a court of another state or of the
1177     United States is $35.
1178          (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
1179     50% of the fee for filing an original action seeking the same relief.
1180          (m) The fee for filing probate or child custody documents from another state is $35.
1181          (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
1182     [Utah] State Tax Commission is $30.
1183          (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
1184     or a judgment, order, or decree of an administrative agency, commission, board, council, or
1185     hearing officer of this state or of its political subdivisions other than the [Utah] State Tax
1186     Commission, is $50.
1187          (o) The fee for filing a judgment by confession without action under Section
1188     78B-5-205 is $35.
1189          (p) The fee for filing an award of arbitration for confirmation, modification, or
1190     vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
1191     action before the court is $35.
1192          (q) The fee for filing a petition or counter-petition to modify a domestic relations order
1193     other than a protective order or stalking injunction is $100.
1194          (r) The fee for filing any accounting required by law is:
1195          (i) $15 for an estate valued at $50,000 or less;
1196          (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
1197          (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
1198          (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
1199          (v) $175 for an estate valued at more than $168,000.
1200          (s) The fee for filing a demand for a civil jury is $250.
1201          (t) The fee for filing a notice of deposition in this state concerning an action pending in
1202     another state under Utah Rules of Civil Procedure, Rule 30 is $35.
1203          (u) The fee for filing documents that require judicial approval but are not part of an

1204     action before the court is $35.
1205          (v) The fee for a petition to open a sealed record is $35.
1206          (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
1207     addition to any fee for a complaint or petition.
1208          (x) (i) The fee for a petition for authorization for a minor to marry required by Section
1209     30-1-9 is $5.
1210          (ii) The fee for a petition for emancipation of a minor provided in Title 78A, Chapter 6,
1211     Part 8, Emancipation, is $50.
1212          (y) The fee for a certificate issued under Section 26-2-25 is $8.
1213          (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
1214     page.
1215          (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
1216     per page.
1217          (bb) The Judicial Council shall by rule establish a schedule of fees for copies of
1218     documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
1219     Government Records Access and Management Act. Fees under this Subsection (1)(bb) shall
1220     be credited to the court as a reimbursement of expenditures.
1221          (cc) There is no fee for services or the filing of documents not listed in this section or
1222     otherwise provided by law.
1223          (dd) Except as provided in this section, all fees collected under this section are paid to
1224     the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
1225     accepts the pleading for filing or performs the requested service.
1226          (ee) The filing fees under this section may not be charged to the state, its agencies, or
1227     political subdivisions filing or defending any action. In judgments awarded in favor of the
1228     state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
1229     shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
1230     collected under this Subsection (1)(ee) shall be applied to the fees after credit to the judgment,
1231     order, fine, tax, lien, or other penalty and costs permitted by law.
1232          (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
1233     transfer all revenues representing the difference between the fees in effect after May 2, 1994,
1234     and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities

1235     Construction and Management Capital Projects Fund.
1236          (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
1237     Construction and Management shall use up to $3,750,000 of the revenue deposited in the
1238     Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
1239     initiate the development of a courts complex in Salt Lake City.
1240          (B) If the Legislature approves funding for construction of a courts complex in Salt
1241     Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
1242     Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
1243     (2)(a)(ii) to construct a courts complex in Salt Lake City.
1244          (C) After the courts complex is completed and all bills connected with its construction
1245     have been paid, the Division of Facilities Construction and Management shall use any money
1246     remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
1247     District Court building.
1248          (iii) The Division of Facilities Construction and Management may enter into
1249     agreements and make expenditures related to this project before the receipt of revenues
1250     provided for under this Subsection (2)(a)(iii).
1251          (iv) The Division of Facilities Construction and Management shall:
1252          (A) make those expenditures from unexpended and unencumbered building funds
1253     already appropriated to the Capital Projects Fund; and
1254          (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
1255     under this Subsection (2).
1256          (b) After June 30, 1998, the state court administrator shall ensure that all revenues
1257     representing the difference between the fees in effect after May 2, 1994, and the fees in effect
1258     before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
1259     account.
1260          (c) The Division of Finance shall deposit all revenues received from the state court
1261     administrator into the restricted account created by this section.
1262          (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
1263     transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
1264     Vehicles, in a court of record to the Division of Facilities Construction and Management
1265     Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be

1266     calculated on the balance of the fine or bail forfeiture paid.
1267          (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
1268     of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
1269     court of record to the Division of Finance for deposit in the restricted account created by this
1270     section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
1271     balance of the fine or bail forfeiture paid.
1272          (3) (a) There is created within the General Fund a restricted account known as the State
1273     Courts Complex Account.
1274          (b) The Legislature may appropriate money from the restricted account to the state
1275     court administrator for the following purposes only:
1276          (i) to repay costs associated with the construction of the court complex that were
1277     funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
1278          (ii) to cover operations and maintenance costs on the court complex.
1279          Section 19. Section 78A-2-601 is amended to read:
1280          78A-2-601. Security surcharge -- Application and exemptions -- Deposit in
1281     restricted account.
1282          (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
1283     of [$43] $53 shall be assessed in all courts of record on all criminal convictions and juvenile
1284     delinquency judgments.
1285          (2) The security surcharge may not be imposed upon:
1286          (a) nonmoving traffic violations;
1287          (b) community service; and
1288          (c) penalties assessed by the juvenile court as part of the nonjudicial adjustment of a
1289     case under Section 78A-6-602.
1290          (3) The security surcharge shall be collected after the surcharge under Section
1291     51-9-401, but before any fine, and deposited with the state treasurer. A fine that would
1292     otherwise have been charged may not be reduced due to the imposition of the security
1293     surcharge.
1294          (4) The state treasurer shall deposit the collected security surcharge in the restricted
1295     account, Court Security Account, as provided in Section 78A-2-602.
1296          Section 20. Section 78A-6-117 is amended to read:

1297          78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
1298     Enumeration of possible court orders -- Considerations of court.
1299          (1) (a) Except as provided in Subsection (1)(b), when a minor is found to come within
1300     Section 78A-6-103, the court shall adjudicate the case and make findings of fact upon which
1301     the court bases the court's jurisdiction over the minor.
1302          (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
1303          (c) If the court adjudicates a minor for a crime of violence or an offense in violation of
1304     Title 76, Chapter 10, Part 5, Weapons, the court shall order that notice of the adjudication be
1305     provided to the school superintendent of the district in which the minor resides or attends
1306     school. Notice shall be made to the district superintendent within three days of the
1307     adjudication and shall include:
1308          (i) the specific offenses for which the minor was adjudicated; and
1309          (ii) if available, whether the victim:
1310          (A) resides in the same school district as the minor; or
1311          (B) attends the same school as the minor.
1312          (d) An adjudicated minor shall undergo a risk screening or, if indicated, a validated risk
1313     and needs assessment. Results of the screening or assessment shall be used to inform
1314     disposition decisions and case planning. Assessment results, if available, may not be shared
1315     with the court before adjudication.
1316          (2) Upon adjudication the court may make the following dispositions by court order:
1317          (a) (i) the court may place the minor on probation or under protective supervision in
1318     the minor's own home and upon conditions determined by the court, including community or
1319     compensatory service;
1320          (ii) a condition ordered by the court under Subsection (2)(a)(i):
1321          (A) shall be individualized and address a specific risk or need;
1322          (B) shall be based on information provided to the court, including the results of a
1323     validated risk and needs assessment conducted under Subsection (1)(d);
1324          (C) if the court orders treatment, shall be based on a validated risk and needs
1325     assessment conducted under Subsection (1)(d); and
1326          (D) if the court orders protective supervision, may not designate the division as the
1327     provider of protective supervision unless there is a petition regarding abuse, neglect, or

1328     dependency before the court requesting that the division provide protective supervision;
1329          (iii) a court may not issue a standard order that contains control-oriented conditions;
1330          (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
1331     minor and not the minor's family;
1332          (v) if the court orders probation, the court may direct that notice of the court's order be
1333     provided to designated individuals in the local law enforcement agency and the school or
1334     transferee school, if applicable, that the minor attends. The designated individuals may receive
1335     the information for purposes of the minor's supervision and student safety; and
1336          (vi) an employee of the local law enforcement agency and the school that the minor
1337     attends who discloses the court's order of probation is not:
1338          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
1339     provided in Section 63G-7-202; and
1340          (B) civilly or criminally liable except when the disclosure constitutes a knowing
1341     violation of Section 63G-2-801.
1342          (b) The court may place the minor in the legal custody of a relative or other suitable
1343     individual, with or without probation or other court-specified child welfare services, but the
1344     juvenile court may not assume the function of developing foster home services.
1345          (c) The court shall only vest legal custody of the minor in the Division of Juvenile
1346     Justice Services and order the Division of Juvenile Justice Services to provide dispositional
1347     recommendations and services if:
1348          (i) nonresidential treatment options have been exhausted or nonresidential treatment
1349     options are not appropriate; and
1350          (ii) the minor is adjudicated under this section for a felony offense, a misdemeanor
1351     when the minor has five prior misdemeanors or felony adjudications arising from separate
1352     criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
1353     Section 76-1-601.
1354          (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
1355     Justice Services for:
1356          (A) contempt of court except to the extent permitted under Section 78A-6-1101;
1357          (B) a violation of probation;
1358          (C) failure to pay a fine, fee, restitution, or other financial obligation;

1359          (D) unfinished compensatory or community service hours;
1360          (E) an infraction; or
1361          (F) a status offense.
1362          (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
1363     petition the court to express the minor's desire to be removed from the jurisdiction of the
1364     juvenile court and from the custody of the Division of Child and Family Services if the minor
1365     is in the division's custody on grounds of abuse, neglect, or dependency.
1366          (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
1367     Termination of Parental Rights Act, the minor's petition shall contain a statement from the
1368     minor's parent or guardian agreeing that the minor should be removed from the custody of the
1369     Division of Child and Family Services.
1370          (C) The minor and the minor's parent or guardian shall sign the petition.
1371          (D) The court shall review the petition within 14 days.
1372          (E) The court shall remove the minor from the custody of the Division of Child and
1373     Family Services if the minor and the minor's parent or guardian have met the requirements
1374     described in Subsections (2)(d)(ii)(B) and (C) and if the court finds, based on input from the
1375     Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
1376     Attorney General, that the minor does not pose an imminent threat to self or others.
1377          (F) A minor removed from custody under Subsection (2)(d)(ii)(E) may, within 90 days
1378     of the date of removal, petition the court to re-enter custody of the Division of Child and
1379     Family Services.
1380          (G) Upon receiving a petition under Subsection (2)(d)(ii)(F), the court shall order the
1381     Division of Child and Family Services to take custody of the minor based on the findings the
1382     court entered when the court originally vested custody in the Division of Child and Family
1383     Services.
1384          (e) The court shall only commit a minor to the Division of Juvenile Justice Services for
1385     secure confinement if the court finds that the minor poses a risk of harm to others and is
1386     adjudicated under this section for:
1387          (i) a felony offense;
1388          (ii) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
1389     arising from separate criminal episodes; or

1390          (iii) a misdemeanor involving use of a dangerous weapon as defined in Section
1391     76-1-601.
1392          (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
1393     neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
1394     Division of Juvenile Justice Services.
1395          (ii) The court may not commit a minor to the Division of Juvenile Justice Services for
1396     secure confinement for:
1397          (A) contempt of court;
1398          (B) a violation of probation;
1399          (C) failure to pay a fine, fee, restitution, or other financial obligation;
1400          (D) unfinished compensatory or community service hours;
1401          (E) an infraction; or
1402          (F) a status offense.
1403          (g) The court may order nonresidential, diagnostic assessment, including substance use
1404     disorder, mental health, psychological, or sexual behavior risk assessment.
1405          (h) (i) The court may commit a minor to a place of detention or an alternative to
1406     detention for a period not to exceed 30 cumulative days per adjudication subject to the court
1407     retaining continuing jurisdiction over the minor. This commitment may not be suspended upon
1408     conditions ordered by the court.
1409          (ii) This Subsection (2)(h) applies only to a minor adjudicated for:
1410          (A) an act which if committed by an adult would be a criminal offense; or
1411          (B) contempt of court under Section 78A-6-1101.
1412          (iii) The court may not commit a minor to a place of detention for:
1413          (A) contempt of court except to the extent allowed under Section 78A-6-1101;
1414          (B) a violation of probation;
1415          (C) failure to pay a fine, fee, restitution, or other financial obligation;
1416          (D) unfinished compensatory or community service hours;
1417          (E) an infraction; or
1418          (F) a status offense.
1419          (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
1420     cumulative days eligible as a disposition under Subsection (2)(h)(i). If the minor spent more

1421     than 30 days in a place of detention before disposition, the court may not commit a minor to
1422     detention under this section.
1423          (B) Notwithstanding Subsection (2)(h)(iv)(A), the court may commit a minor for a
1424     maximum of seven days while a minor is awaiting placement under Subsection (2)(c). Only the
1425     seven days under this Subsection (2)(h)(iv)(B) may be combined with a nonsecure placement.
1426          (v) Notwithstanding Subsection (2)(v), no more than seven days of detention may be
1427     ordered in combination with an order under Subsection (2)(c).
1428          (i) The court may vest legal custody of an abused, neglected, or dependent minor in the
1429     Division of Child and Family Services or any other appropriate person in accordance with the
1430     requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency
1431     Proceedings.
1432          (j) (i) The court may order a minor to repair, replace, or otherwise make restitution for
1433     material loss caused by the minor's wrongful act or for conduct for which the minor agrees to
1434     make restitution.
1435          (ii) A victim, as defined in Subsection 77-38a-102(14), of an offense that involves as an
1436     element a scheme, a conspiracy, or a pattern of criminal activity, includes any person directly
1437     harmed by the minor's delinquency conduct in the course of the scheme, conspiracy, or pattern.
1438          (iii) If the victim and the minor agree to participate, the court may refer the case to a
1439     restorative justice program such as victim offender mediation to address how loss resulting
1440     from the adjudicated act may be addressed.
1441          (iv) For the purpose of determining whether and how much restitution is appropriate,
1442     the court shall consider the following:
1443          (A) restitution shall only be ordered for the victim's material loss;
1444          (B) restitution may not be ordered if the court finds that the minor is unable to pay or
1445     acquire the means to pay;
1446          (C) any amount paid by the minor to the victim in civil penalty shall be credited against
1447     restitution owed; and
1448          (D) the length of the presumptive term of supervision shall be taken into account in
1449     determining the minor's ability to satisfy the restitution order within the presumptive term.
1450          (v) Any amount paid to the victim in restitution shall be credited against liability in a
1451     civil suit.

1452          (vi) The court may also require a minor to reimburse an individual, entity, or
1453     governmental agency who offered and paid a reward to a person or persons for providing
1454     information resulting in a court adjudication that the minor is within the jurisdiction of the
1455     juvenile court due to the commission of a criminal offense.
1456          (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
1457     court may order the minor to make restitution for costs expended by any governmental entity
1458     for the return.
1459          (viii) The prosecutor shall submit a request for restitution to the court at the time of
1460     disposition, if feasible, otherwise within three months after disposition.
1461          (ix) A financial disposition ordered shall prioritize the payment of restitution.
1462          (k) The court may issue orders necessary for the collection of restitution and fines
1463     ordered by the court, including garnishments, wage withholdings, and executions, except for an
1464     order that changes the custody of the minor, including detention or other secure or nonsecure
1465     residential placements.
1466          (l) (i) The court may through the court's probation department encourage the
1467     development of nonresidential employment or work programs to enable a minor to fulfill the
1468     minor's obligations under Subsection (2)(j) and for other purposes considered desirable by the
1469     court.
1470          (ii) Consistent with the order of the court, the probation officer may permit a minor
1471     found to be within the jurisdiction of the court to participate in a program of work restitution or
1472     compensatory service in lieu of paying part or all of the fine imposed by the court.
1473          (iii) The court may order the minor to:
1474          (A) pay a fine, fee, restitution, or other cost; or
1475          (B) complete service hours.
1476          (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
1477     complete service hours, those dispositions shall be considered collectively to ensure that the
1478     order:
1479          (A) is reasonable;
1480          (B) prioritizes restitution; and
1481          (C) takes into account the minor's ability to satisfy the order within the presumptive
1482     term of supervision.

1483          (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
1484     hours, the cumulative order shall be limited per criminal episode as follows:
1485          (A) for children under age 16 at adjudication, the court may impose up to [$180] $190
1486     or up to 24 hours of service; and
1487          (B) for minors 16 and older at adjudication, the court may impose up to [$270] $280 or
1488     up to 36 hours of service.
1489          (vi) The cumulative order under Subsection (2)(l)(v) does not include restitution.
1490          (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
1491     conversion shall be no less than the minimum wage.
1492          (m) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
1493     that as part of the commission of the violation the minor was in actual physical control of a
1494     motor vehicle, the court may, in addition to any other disposition authorized by this section:
1495          (A) restrain the minor from driving for periods of time the court considers necessary;
1496     and
1497          (B) take possession of the minor's driver license.
1498          (ii) The court may enter any other eligible disposition under Subsection (2)(m)(i)
1499     except for a disposition under Subsection (2)(c), (d), (e), or (f). However, the suspension of
1500     driving privileges for an offense under Section 78A-6-606 is governed only by Section
1501     78A-6-606.
1502          (n) (i) The court may order a minor to complete community or compensatory service
1503     hours in accordance with Subsections (2)(l)(iv) and (v).
1504          (ii) When community service is ordered, the presumptive service order shall include
1505     between five and 10 hours of service.
1506          (iii) Satisfactory completion of an approved substance use disorder prevention or
1507     treatment program or other court-ordered condition may be credited by the court as
1508     compensatory service hours.
1509          (iv) When a minor is found within the jurisdiction of the juvenile court under Section
1510     78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the court may
1511     order the minor to clean up graffiti created by the minor or any other individual at a time and
1512     place within the jurisdiction of the court. Compensatory service ordered under this section may
1513     be performed in the presence and under the direct supervision of the minor's parent or legal

1514     guardian. The parent or legal guardian shall report completion of the order to the court. The
1515     court may also require the minor to perform other alternative forms of restitution or repair to
1516     the damaged property pursuant to Subsection (2)(j).
1517          (o) (i) Subject to Subsection (2)(o)(iii), the court may order that a minor:
1518          (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
1519          (B) receive other special care.
1520          (ii) For purposes of receiving the examination, treatment, or care described in
1521     Subsection (2)(o)(i), the court may place the minor in a hospital or other suitable facility that is
1522     not a secure facility or secure detention.
1523          (iii) In determining whether to order the examination, treatment, or care described in
1524     Subsection (2)(o)(i), the court shall consider:
1525          (A) the desires of the minor;
1526          (B) if the minor is under the age of 18, the desires of the parents or guardian of the
1527     minor; and
1528          (C) whether the potential benefits of the examination, treatment, or care outweigh the
1529     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
1530     function impairment, or emotional or physical harm resulting from the compulsory nature of
1531     the examination, treatment, or care.
1532          (iv) The Division of Child and Family Services shall take reasonable measures to
1533     notify a parent or guardian of any non-emergency health treatment or care scheduled for a
1534     child, shall include the parent or guardian as fully as possible in making health care decisions
1535     for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
1536     regarding the child's health care to the extent that the child's health and well being are not
1537     unreasonably compromised by the parent's or guardian's decision.
1538          (v) The Division of Child and Family Services shall notify the parent or guardian of a
1539     child within five business days after a child in the custody of the Division of Child and Family
1540     Services receives emergency health care or treatment.
1541          (vi) The Division of Child and Family Services shall use the least restrictive means to
1542     accomplish a compelling interest in the care and treatment of a child described in this
1543     Subsection (2)(o).
1544          (p) (i) The court may appoint a guardian for the minor if it appears necessary in the

1545     interest of the minor, and may appoint as guardian a public or private institution or agency, but
1546     not a nonsecure residential placement provider, in which legal custody of the minor is vested.
1547          (ii) In placing a minor under the guardianship or legal custody of an individual or of a
1548     private agency or institution, the court shall give primary consideration to the welfare of the
1549     minor. When practicable, the court may take into consideration the religious preferences of the
1550     minor and of a child's parents.
1551          (q) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
1552     conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
1553     other person who has been made a party to the proceedings. Conditions may include:
1554          (A) parent-time by the parents or one parent;
1555          (B) restrictions on the minor's associates;
1556          (C) restrictions on the minor's occupation and other activities; and
1557          (D) requirements to be observed by the parents or custodian.
1558          (ii) A minor whose parents or guardians successfully complete a family or other
1559     counseling program may be credited by the court for detention, confinement, or probation time.
1560          (r) The court may order the child to be committed to the physical custody of a local
1561     mental health authority, in accordance with the procedures and requirements of Title 62A,
1562     Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
1563     Mental Health.
1564          (s) (i) The court may make an order committing a minor within the court's jurisdiction
1565     to the Utah State Developmental Center if the minor has an intellectual disability in accordance
1566     with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
1567     an Intellectual Disability.
1568          (ii) The court shall follow the procedure applicable in the district courts with respect to
1569     judicial commitments to the Utah State Developmental Center when ordering a commitment
1570     under Subsection (2)(s)(i).
1571          (t) The court may terminate all parental rights upon a finding of compliance with Title
1572     78A, Chapter 6, Part 5, Termination of Parental Rights Act.
1573          (u) The court may make other reasonable orders for the best interest of the minor and
1574     as required for the protection of the public, except that a child may not be committed to jail,
1575     prison, secure detention, or the custody of the Division of Juvenile Justice Services under

1576     Subsections (2)(c), (d), (e), and (f).
1577          (v) The court may combine the dispositions listed in this section if it is permissible and
1578     they are compatible.
1579          (w) Before depriving any parent of custody, the court shall give due consideration to
1580     the rights of parents concerning their child. The court may transfer custody of a minor to
1581     another individual, agency, or institution in accordance with the requirements and procedures
1582     of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
1583          (x) Except as provided in Subsection (2)(z)(i), an order under this section for probation
1584     or placement of a minor with an individual or an agency shall include a date certain for a
1585     review and presumptive termination of the case by the court in accordance with Subsection (6)
1586     and Section 62A-7-404. A new date shall be set upon each review.
1587          (y) In reviewing foster home placements, special attention shall be given to making
1588     adoptable children available for adoption without delay.
1589          (z) (i) The juvenile court may enter an order of permanent custody and guardianship
1590     with an individual or relative of a child where the court has previously acquired jurisdiction as
1591     a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
1592     order for child support on behalf of the child against the natural or adoptive parents of the
1593     child.
1594          (ii) Orders under Subsection (2)(z)(i):
1595          (A) shall remain in effect until the child reaches majority;
1596          (B) are not subject to review under Section 78A-6-118; and
1597          (C) may be modified by petition or motion as provided in Section 78A-6-1103.
1598          (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
1599     permanent orders of custody and guardianship do not expire with a termination of jurisdiction
1600     of the juvenile court.
1601          (3) In addition to the dispositions described in Subsection (2), when a minor comes
1602     within the court's jurisdiction, the minor may be given a choice by the court to serve in the
1603     National Guard in lieu of other sanctions, provided:
1604          (a) the minor meets the current entrance qualifications for service in the National
1605     Guard as determined by a recruiter, whose determination is final;
1606          (b) the minor is not under the jurisdiction of the court for any act that:

1607          (i) would be a felony if committed by an adult;
1608          (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
1609          (iii) was committed with a weapon; and
1610          (c) the court retains jurisdiction over the minor under conditions set by the court and
1611     agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
1612          (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
1613     of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
1614     designated employees of the court or, if the minor is in the legal custody of the Division of
1615     Juvenile Justice Services, then by designated employees of the division under Subsection
1616     53-10-404(5)(b).
1617          (b) The responsible agency shall ensure that an employee designated to collect the
1618     saliva DNA specimens receives appropriate training and that the specimens are obtained in
1619     accordance with accepted protocol.
1620          (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
1621     Specimen Restricted Account created in Section 53-10-407.
1622          (d) Payment of the reimbursement is second in priority to payments the minor is
1623     ordered to make for restitution under this section and treatment under Section 78A-6-321.
1624          (5) (a) A disposition made by the court pursuant to this section may not be suspended,
1625     except for the following:
1626          (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
1627     under Subsection (2)(c), (d), (e), or (f), the court may suspend a custody order pursuant to
1628     Subsection (2)(c), (d), (e), or (f) in lieu of immediate commitment, upon the condition that the
1629     minor commit no new misdemeanor or felony offense during the three months following the
1630     day of disposition.
1631          (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
1632     exceed three months post-disposition and may not be extended under any circumstance.
1633          (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
1634          (A) following adjudication of a new misdemeanor or felony offense committed by the
1635     minor during the period of suspension set out under Subsection (5)(a)(ii);
1636          (B) if a new assessment or evaluation has been completed and recommends that a
1637     higher level of care is needed and nonresidential treatment options have been exhausted or

1638     nonresidential treatment options are not appropriate; or
1639          (C) if, after a notice and a hearing, the court finds a new or previous evaluation
1640     recommends a higher level of treatment, and the minor willfully failed to comply with a lower
1641     level of treatment and has been unsuccessfully discharged from treatment.
1642          (iv) A suspended custody order may not be imposed without notice to the minor, notice
1643     to counsel, and a hearing.
1644          (b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
1645     at the end of the presumptive time frame unless at least one the following circumstances exists:
1646          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
1647     program determined to be necessary by the results of a validated risk and needs assessment
1648     with completion found by the court after considering the recommendation of a licensed service
1649     provider on the basis of the minor completing the goals of the necessary treatment program;
1650          (ii) the minor commits a new misdemeanor or felony offense;
1651          (iii) service hours have not been completed; or
1652          (iv) there is an outstanding fine.
1653          (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
1654     custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c) or (d),
1655     the court shall do so for a defined period of time pursuant to this section.
1656          (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
1657     shall establish a presumptive term of probation as specified in this Subsection (6):
1658          (i) the presumptive maximum length of intake probation may not exceed three months;
1659     and
1660          (ii) the presumptive maximum length of formal probation may not exceed four to six
1661     months.
1662          (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
1663     Justice Services under Subsection (2)(c) or (d), the court shall establish a maximum term of
1664     custody and a maximum term of aftercare as specified in this Subsection (6):
1665          (i) the presumptive maximum length of out-of-home placement may not exceed three
1666     to six months; and
1667          (ii) the presumptive maximum length of aftercare supervision, for those previously
1668     placed out-of-home, may not exceed three to four months, and minors may serve the term of

1669     aftercare in the home of a qualifying relative or guardian or at an independent living program
1670     contracted or operated by the Division of Juvenile Justice Services.
1671          (c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
1672     pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
1673     presumptive time frame unless at least one of the following circumstances exists:
1674          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
1675     court ordered program determined to be necessary by the results of a validated assessment, with
1676     completion found by the court after considering the recommendations of a licensed service
1677     provider or facilitator of court ordered treatment or intervention program on the basis of the
1678     minor completing the goals of the necessary treatment program;
1679          (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
1680     completion of a program determined to be necessary by the results of a validated assessment,
1681     with completion determined on the basis of whether the minor has regularly and consistently
1682     attended the treatment program and completed the goals of the necessary treatment program as
1683     determined by the court or Youth Parole Authority after considering the recommendation of a
1684     licensed service provider or facilitator of court ordered treatment or intervention program ;
1685          (iii) the minor commits a new misdemeanor or felony offense;
1686          (iv) service hours have not been completed;
1687          (v) there is an outstanding fine; or
1688          (vi) there is a failure to pay restitution in full.
1689          (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
1690     exists, the court may extend jurisdiction for the time needed to address the specific
1691     circumstance.
1692          (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
1693     exists, and the Youth Parole Authority has jurisdiction, the Youth Parole Authority may extend
1694     jurisdiction for the time needed to address the specific circumstance.
1695          (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
1696     Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
1697     time for up to three months.
1698          (f) Grounds for extension of the presumptive length of supervision or placement and
1699     the length of any extension shall be recorded in the court record or records of the Youth Parole

1700     Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
1701     the Administrative Office of the Courts and the Division of Juvenile Justice Services.
1702          (g) (i) For a minor who is under the supervision of the juvenile court and whose
1703     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
1704     continued under the supervision of intake probation.
1705          (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
1706     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
1707     continued on parole and not in secure confinement.
1708          (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
1709     period shall toll until the minor returns.
1710          (7) Subsection (6) does not apply to any minor adjudicated under this section for:
1711          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1712          (b) Section 76-5-202, attempted aggravated murder;
1713          (c) Section 76-5-203, murder or attempted murder;
1714          (d) Section 76-5-302, aggravated kidnapping;
1715          (e) Section 76-5-405, aggravated sexual assault;
1716          (f) a felony violation of Section 76-6-103, aggravated arson;
1717          (g) Section 76-6-203, aggravated burglary;
1718          (h) Section 76-6-302, aggravated robbery;
1719          (i) Section 76-10-508.1, felony discharge of a firearm; or
1720          (j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
1721     of a dangerous weapon, as defined in Section 76-1-601, that is a felony, and the minor has been
1722     previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
1723          Section 21. Section 78A-6-903 is enacted to read:
1724          78A-6-903. Guardian Ad Litem Services Account established -- Funding -- Uses.
1725          (1) There is created in the General Fund a restricted account known as the Guardian Ad
1726     Litem Services Account, for the purpose of funding the Office of Guardian Ad Litem, in
1727     accordance with the provisions of Sections 78A-6-901 and 78A-6-902.
1728          (2) The account shall be funded by the donation described in Subsection
1729     41-1a-422(1)(a)(i)(F).
1730          Section 22. Section 78A-7-120 is amended to read:

1731          78A-7-120. Disposition of fines.
1732          (1) Except as otherwise specified by this section, fines and forfeitures collected by a
1733     justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
1734     court and 1/2 to the treasurer of the local government which prosecutes or which would
1735     prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
1736     Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
1737     if the parties agree.
1738          (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
1739     allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
1740     county government responsible for the justice court.
1741          (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
1742     18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
1743     15% to the general fund of the city or county government responsible for the justice court.
1744          (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in
1745     instances where evidence of the violation was obtained by an automated traffic enforcement
1746     safety device as described in Section 41-6a-1310 shall be remitted:
1747          (i) 20% to the school district or private school that owns or contracts for the use of the
1748     school bus; and
1749          (ii) 80% in accordance with Subsection (1).
1750          (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer[.]
1751     and deposited into the General Fund.
1752          (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
1753     court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
1754     and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
1755     Council, shall be paid to the state treasurer and allocated to the Department of Transportation
1756     for class B and class C roads.
1757          (5) Revenue allocated for class B and class C roads pursuant to Subsection (4) is
1758     supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
1759     same manner as other class B and class C road funds.
1760          (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
1761     under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:

1762          (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
1763          (ii) 40% in accordance with Subsection (1).
1764          (b) Fines and forfeitures collected by the court for a second or subsequent violation
1765     under Subsection 72-7-409(6)(d) shall be remitted:
1766          (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
1767          (ii) 50% in accordance with Subsection (1).
1768          Section 23. Section 78A-7-122 is amended to read:
1769          78A-7-122. Security surcharge -- Application -- Deposit in restricted accounts.
1770          (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
1771     of [$50] $60 shall be assessed on all convictions for offenses listed in the uniform bail schedule
1772     adopted by the Judicial Council and moving traffic violations.
1773          (2) The security surcharge shall be collected and distributed pro rata with any fine
1774     collected. A fine that would otherwise have been charged may not be reduced due to the
1775     imposition of the security surcharge.
1776          (3) [Eighteen] Twenty-eight dollars of the security surcharge shall be remitted to the
1777     state treasurer and distributed to the Court Security Account created in Section 78A-2-602.
1778          (4) Thirty-two dollars of the security surcharge shall be allocated as follows:
1779          (a) the assessing court shall retain 20% of the amount collected for deposit into the
1780     general fund of the governmental entity; and
1781          (b) 80% shall be remitted to the state treasurer to be distributed as follows:
1782          (i) 62.5% to the treasurer of the county in which the justice court which remitted the
1783     amount is located;
1784          (ii) 25% to the Court Security Account created in Section 78A-2-602; and
1785          (iii) 12.5% to the Justice Court Technology, Security, and Training Account created in
1786     Section 78A-7-301.
1787          (5) The court shall remit money collected in accordance with Title 51, Chapter 7, State
1788     Money Management Act.
1789          Section 24. Repealer.
1790          This bill repeals:
1791          Section 51-9-403, EMS share of surcharge -- Accounting.
1792          Section 51-9-404, Crime Victims Reparations Fund -- Public Safety Support

1793     Account -- Distribution of surcharge amounts.
1794          Section 51-9-405, Substance Abuse Prevention Account established -- Funding --
1795     Uses.
1796          Section 51-9-406, Victims of Domestic Violence Services Account established --
1797     Funding -- Uses.
1798          Section 51-9-407, Intoxicated Driver Rehabilitation Account share of surcharge.
1799          Section 51-9-409, Guardian Ad Litem Services Account established -- Funding --
1800     Uses.
1801          Section 51-9-410, Statewide Warrant Operations Account -- Share of surcharge --
1802     Use.
1803          Section 62A-15-502.5, Intoxicated Driver Rehabilitation Account -- Created.
1804          Section 25. Appropriation.
1805          Section 1. FY 2021 Appropriations. The following sums of money are appropriated
1806     for the fiscal year beginning July 1, 2020, and ending June 30, 2021. These are additions to
1807     amounts previously appropriated for fiscal year 2021.
1808          Subsection (1)(a). Operating and Capital Budgets. Under the terms and conditions of
1809     Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following
1810     sums of money from the funds or accounts indicated for the use and support of the government
1811     of the state of Utah.
1812     ITEM 1
1813          To Office of the Attorney General -- Prosecution Council
1814               From General Fund
492,000

1815               From Public Safety Support Account
(551,500)

1816               Schedule of Programs:
1817                    Prosecution Council                    (59,500)
1818          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1819     funds remaining in the Public Safety Support Account not lapse at the close of fiscal year 2020.
1820     Unused funds are to be used to supplement the costs of the program funded by the Public
1821     Safety Support Account.
1822     ITEM 2
1823          To Courts -- Administration

1824               From General Fund
410,000

1825               From Substance Abuse Prevention Account
(571,700)

1826               Schedule of Programs:
1827                    Juvenile Courts                    (161,700)
1828          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1829     funds remaining in the Substance Abuse Prevention Account not lapse at the close of fiscal
1830     year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1831     Substance Abuse Prevention Account.
1832     ITEM 3
1833          To Courts -- Guardian Ad Litem
1834               From General Fund
287,000

1835               From Guardian Ad Litem Services Account
(287,000)

1836               Schedule of Programs:
1837                    Guardian Ad Litem                    (110,500)
1838     ITEM 4
1839          To Department of Health -- Family Health and Preparedness
1840               From General Fund
2,296,200

1841               From Dedicated Credits
(2,296,200)

1842               Schedule of Programs:
1843                    Emergency Medical Services and
1844                         Preparedness                    (2,296,200)
1845                    Emergency Medical Services Grants          2,296,200
1846     ITEM 5
1847          To Department of Human Services -- Division of Child and Family Services
1848               From General Fund
731,000

1849               From Victims of Domestic Violence Service Account
(732,100)

1850               Schedule of Programs:
1851                    Domestic Violence                         (1,100)
1852          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1853     funds remaining in the Domestic Violence Services Account not lapse at the close of fiscal year
1854     2020. Unused funds are to be used to supplement the costs of the program funded by the

1855     Domestic Violence Services Account.
1856     ITEM 6
1857          To Department of Human Services -- Division of Substance Abuse and Mental Health
1858               From General Fund
1,230,100

1859               From Intoxicated Driver Rehabilitation Account
(1,500,000)

1860               Schedule of Programs:
1861                    Driving Under the Influence (DUI) Fines          (269,900)
1862          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1863     funds remaining in the Intoxicated Driver Rehabilitation Account not lapse at the close of fiscal
1864     year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1865     Intoxicated Driver Rehabilitation Account.
1866     ITEM 7
1867          To Department of Public Safety -- Bureau of Criminal Identification
1868               From General Fund
250,000

1869               From Statewide Warrants Operations Account
(596,300)

1870               Schedule of Programs:
1871                    Law Enforcement/Criminal Justice Services          (346,300)
1872          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1873     funds remaining in the Statewide Warrants Operations Account not lapse at the close of fiscal
1874     year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1875     Statewide Warrants Operations Account.
1876     ITEM 8
1877          To Department of Public Safety -- Peace Officers Standards and Training
1878               From General Fund
3,034,300

1879               From Public Safety Support Account
(4,111,600)

1880               Schedule of Programs:
1881                    Basic Training                    (456,800)
1882                    POST Administration               (411,900)
1883                    Regional/Inservice Training               (208,600)
1884          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1885     funds remaining in the Public Safety Support Account not lapse at the close of fiscal year 2020.

1886     Unused funds are to be used to supplement the costs of the program funded by the Public
1887     Safety Support Account.
1888     ITEM 9
1889          To Governor's Office -- Commission on Criminal and Juvenile Justice
1890               From General Fund
1,971,100

1891               From Crime Victim Reparations Fund
(1,971,100)

1892     ITEM 10
1893          To Governor's Office -- Commission on Criminal and Juvenile Justice
1894               From General Fund
1,360,200

1895               From Law Enforcement Operations Account
(1,531,300)

1896               Schedule of Programs:
1897                    State Task Force Grants               (171,100)
1898          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1899     funds remaining in the Law Enforcement Operations Account not lapse at the close of fiscal
1900     year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1901     Law Enforcement Operations Account.
1902     ITEM 11
1903          To Governor's Office -- Commission on Criminal and Juvenile Justice
1904               From Law Enforcement Services Account
(617,900)

1905               Schedule of Programs:
1906                    Law Enforcement Services Grants          (617,900)
1907          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1908     funds remaining in the Law Enforcement Services Account not lapse at the close of fiscal year
1909     2020. Unused funds are to be used to supplement the costs of the program funded by the Law
1910     Enforcement Services Account.
1911     ITEM 12
1912          To State Board of Education -- State Administrative Office
1913               From General Fund
410,000

1914               From Substance Abuse Prevention Account
(512,600)

1915               Schedule of Programs:
1916                    Student Support Services               (102,600)

1917          Under Sections 63J-1-602.1 and 63J-1-603, the Legislature intends that any unspent
1918     funds remaining in the Substance Abuse Prevention Account not lapse at the close of fiscal
1919     year 2020. Unused funds are to be used to supplement the costs of the program funded by the
1920     Substance Abuse Prevention Account.
1921          Subsection 1(b). Expendable Funds and Accounts. The Legislature has reviewed the
1922     following expendable funds. The Legislature authorizes the State Division of Finance to
1923     transfer amounts between funds and accounts as indicated. Outlays and expenditures from the
1924     funds or accounts to which the money is transferred may be made without further legislative
1925     action, in accordance with statutory provisions relating to the funds or accounts.
1926     ITEM 13
1927          To Governor's Office -- Crime Victims Reparations
1928               From General Fund
3,769,400

1929               From Dedicated Credits
(3,769,400)

1930          Section 26. Effective date.
1931          This bill takes effect on July 1, 2020.