1     
FUNDS AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Don L. Ipson

5     
House Sponsor: Robert M. Spendlove

6     

7     LONG TITLE
8     General Description:
9          This bill updates existing trust accounts for compliance with Government Accounting
10     Standards Board requirements and repeals contribution dependent accounts that have
11     not received a sufficient level of contributions, together with those accounts' associated
12     programs, where applicable.
13     Highlighted Provisions:
14          This bill:
15          ▸     modifies fund definitions and descriptions;
16          ▸     changes the fund type of certain trust or agency funds to comply with Government
17     Accounting Standards Board requirements;
18          ▸     repeals the Nurse Home Visiting Restricted Account and all statutory provisions
19     related to the Nurse Home Visiting Pay-for-Success Program;
20          ▸     repeals the Respite Care Assistance Fund;
21          ▸     repeals the State Archives Fund;
22          ▸     repeals the Public Lands Litigation Expendable Special Revenue Fund;
23          ▸     repeals the Transportation of Veterans to Memorials Support Restricted Account,
24     the Transportation of Veterans to Memorials Support Restricted Account Act, and
25     the Transportation of Veterans special license plate; and
26          ▸     repeals the Abortion Litigation Account.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:

30          This bill provides revisor instructions.
31     Utah Code Sections Affected:
32     AMENDS:
33          9-6-503, as last amended by Laws of Utah 2020, Chapter 419
34          9-8-703, as last amended by Laws of Utah 2014, Chapter 166
35          11-8-3, as last amended by Laws of Utah 2017, Chapter 363
36          17-36-6, as last amended by Laws of Utah 2014, Chapter 176
37          19-6-402, as last amended by Laws of Utah 2021, Chapter 202
38          19-6-405.7, as last amended by Laws of Utah 2014, Chapter 227
39          19-6-409, as last amended by Laws of Utah 2021, Chapter 202
40          19-6-410.5, as last amended by Laws of Utah 2021, Chapter 202
41          19-6-411, as last amended by Laws of Utah 2014, Chapter 227
42          19-6-415, as last amended by Laws of Utah 2021, Chapter 202
43          40-6-19, as last amended by Laws of Utah 2009, Chapter 344
44          41-1a-418, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
45          41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
46          49-11-903, as enacted by Laws of Utah 2019, Chapter 473
47          51-5-4, as last amended by Laws of Utah 2013, Chapter 400
48          59-2-924.2, as last amended by Laws of Utah 2018, Chapters 364 and 436
49          59-2-926, as last amended by Laws of Utah 2018, Chapters 415 and 456
50          59-2-1601, as last amended by Laws of Utah 2020, Chapter 447
51          59-2-1602, as last amended by Laws of Utah 2021, Chapter 367
52          59-2-1603, as last amended by Laws of Utah 2014, Chapter 270
53          59-10-1312, as renumbered and amended by Laws of Utah 2008, Chapter 389
54          63A-3-109, as enacted by Laws of Utah 2015, Chapter 162
55          63A-3-205, as last amended by Laws of Utah 2017, Chapters 56 and 345
56          63B-1b-102, as last amended by Laws of Utah 2019, Chapter 479
57          63B-1b-202, as last amended by Laws of Utah 2017, Chapter 345

58          63C-4a-308, as last amended by Laws of Utah 2021, Chapter 382
59          63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
60     and 417
61          63J-1-601, as last amended by Laws of Utah 2021, Chapter 280
62          63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
63          63J-2-102, as last amended by Laws of Utah 2020, Chapter 365
64          63J-7-102, as last amended by Laws of Utah 2018, Chapter 415
65          67-4a-801, as repealed and reenacted by Laws of Utah 2017, Chapter 371
66          78B-22-102, as last amended by Laws of Utah 2021, Chapters 228, 235, 262 and last
67     amended by Coordination Clause, Laws of Utah 2021, Chapter 262
68          78B-22-404, as last amended by Laws of Utah 2021, Chapter 228
69          78B-22-454, as last amended by Laws of Utah 2020, Chapter 371 and renumbered and
70     amended by Laws of Utah 2020, Chapter 392
71          78B-22-455, as renumbered and amended by Laws of Utah 2020, Chapter 392
72          78B-22-501, as last amended by Laws of Utah 2020, Chapter 392
73          78B-22-701, as renumbered and amended by Laws of Utah 2019, Chapter 326
74     REPEALS:
75          26-63-101, as enacted by Laws of Utah 2018, Chapter 430
76          26-63-102, as last amended by Laws of Utah 2019, Chapter 136
77          26-63-201, as enacted by Laws of Utah 2018, Chapter 430
78          26-63-202, as enacted by Laws of Utah 2018, Chapter 430
79          26-63-203, as enacted by Laws of Utah 2018, Chapter 430
80          26-63-204, as enacted by Laws of Utah 2018, Chapter 430
81          26-63-301, as last amended by Laws of Utah 2019, Chapter 136
82          26-63-302, as enacted by Laws of Utah 2018, Chapter 430
83          26-63-303, as enacted by Laws of Utah 2018, Chapter 430
84          26-63-401, as last amended by Laws of Utah 2019, Chapter 136
85          26-63-402, as last amended by Laws of Utah 2019, Chapter 136

86          26-63-403, as enacted by Laws of Utah 2018, Chapter 430
87          26-63-501, as enacted by Laws of Utah 2018, Chapter 430
88          26-63-502, as enacted by Laws of Utah 2018, Chapter 430
89          26-63-503, as enacted by Laws of Utah 2018, Chapter 430
90          26-63-504, as enacted by Laws of Utah 2018, Chapter 430
91          26-63-601, as renumbered and amended by Laws of Utah 2018, Chapter 430
92          62A-1-119, as last amended by Laws of Utah 2016, Chapter 168
93          63A-12-109, as last amended by Laws of Utah 2013, Chapter 400
94          63C-4a-405, as renumbered and amended by Laws of Utah 2019, Chapter 246
95          71-14-101, as enacted by Laws of Utah 2019, Chapter 213
96          71-14-102, as enacted by Laws of Utah 2019, Chapter 213
97          76-7-317.1, as last amended by Laws of Utah 2010, Chapter 278
98     

99     Be it enacted by the Legislature of the state of Utah:
100          Section 1. Section 9-6-503 is amended to read:
101          9-6-503. Arts and museums endowment funds.
102          (1) Any Utah nonprofit arts or museum organization that meets the requirements
103     described in this part may create an endowment fund into which there may be deposited money
104     from the state fund.
105          (2) The principal of each endowment fund described in this section may not be
106     expended by the qualifying organization and shall be held in perpetuity solely by the qualifying
107     organization.
108          (3) Interest income earned on the amount in each endowment fund described in this
109     section may be expended by the qualifying organization.
110          (4) The principal of each endowment fund described in this section shall be invested in
111     accordance with Title 51, Chapter 7, State Money Management Act.
112          (5) If a qualifying organization that creates an endowment fund as described in this
113     section receives:

114          (a) $50,000 or more from the state fund, the money shall be administered by the
115     qualifying organization's professional management in accordance with generally accepted
116     accounting principles; or
117          (b) less than $50,000 from the state fund, the money shall be placed in a state [trust and
118     agency] fiduciary fund under the direction of the state treasurer, and the state treasurer shall
119     allocate interest income to the qualifying organization.
120          (6) If an endowment fund is under the direction of the state treasurer, the state treasurer
121     shall deduct administrative costs related to the endowment fund before allocating any interest
122     income to the qualifying organization.
123          Section 2. Section 9-8-703 is amended to read:
124          9-8-703. History organization endowment funds.
125          (1) (a) A qualifying organization may create an endowment fund into which there may
126     be deposited money from funds made available for that purpose.
127          (b) The principal of each endowment fund may not be expended by the qualifying
128     organization and shall be held in perpetuity solely by the qualifying organization or by the
129     Division of Finance on behalf of the qualifying organization.
130          (c) Only interest income earned on the amount in each endowment fund may be
131     expended by the qualifying organization.
132          (d) The principal of each endowment fund shall be invested in accordance with Title
133     51, Chapter 7, State Money Management Act.
134          (2) (a) An endowment fund shall be administered in accordance with generally
135     accepted accounting principles by professional endowment management personnel.
136          (b) If no professional endowment management personnel is available to the qualifying
137     organization, the qualifying organization shall place the endowment fund in a state [trust and
138     agency] fiduciary fund administered by the Division of Finance.
139          (3) If an endowment fund is administered by the Division of Finance:
140          (a) the Division of Finance shall allocate interest income to the qualifying organization
141     annually; and

142          (b) the costs for the administration shall be deducted from the interest income before
143     allocations of interest income may be made to the qualifying organization by the Division of
144     Finance.
145          Section 3. Section 11-8-3 is amended to read:
146          11-8-3. Department of Environmental Quality to negotiate loans for sewage
147     facilities.
148          (1) The Department of Environmental Quality may negotiate loans from the Retirement
149     Systems Fund, State Land Principal Fund, or any state [trust and agency] fiduciary fund which
150     has sums available for loaning, as these funds are defined in Title 51, Chapter 5, Funds
151     Consolidation Act, not to exceed $1,000,000 in any fiscal year for the purposes of providing
152     the funding for the loans provided for in Section 11-8-2.
153          (2) The terms of any borrowing and repayment shall be negotiated between the
154     borrower and the lender consistent with the legal duties of the lender.
155          Section 4. Section 17-36-6 is amended to read:
156          17-36-6. Required funds and accounts.
157          (1) In its system of accounts, each county shall maintain the following funds or account
158     groups that are appropriate to its needs:
159          (a) a county general fund;
160          (b) special revenue funds;
161          (c) debt service funds to account for the retirement of general obligation bonds or other
162     long-term indebtedness including the payment of interest;
163          (d) capital project funds, as required to account for the application of proceeds from the
164     sale of general obligation bonds or other general long-term debt, or funds derived from other
165     sources, to the specific purposes for which they are authorized;
166          (e) a separate fund for each utility or enterprise such as an airport fund, a sewer fund, a
167     water fund, or other similar funds;
168          (f) intragovernmental service funds;
169          (g) [trust and agency] fiduciary funds such as a cemetery perpetual-care fund or a

170     retirement fund;
171          (h) a separate fund for each special improvement district, which shall be known as a
172     special assessment fund;
173          (i) a ledger or group of accounts to record the details relating to the general fixed assets
174     of the county;
175          (j) a ledger or group of accounts to record the details relating to the general obligation
176     bonds or other long-term indebtedness of the county;
177          (k) municipal services fund as required in Section 17-36-9; and
178          (l) any other funds for special purposes required or established under the uniform
179     system of budgeting, accounting, and reporting.
180          (2) The county shall classify the funds and account groups established under the
181     authority of this section according to the uniform procedures established by this chapter.
182          Section 5. Section 19-6-402 is amended to read:
183          19-6-402. Definitions.
184          As used in this part:
185          (1) "Abatement action" means action taken to limit, reduce, mitigate, or eliminate:
186          (a) a release from a petroleum storage tank; or
187          (b) the damage caused by that release.
188          (2) "Aboveground petroleum storage tank" means a storage tank that is, by volume,
189     less than 10% buried in the ground, including the pipes connected to the storage tank and:
190          (a) (i) has attached underground piping; or
191          (ii) rests directly on the ground;
192          (b) contains regulated substances;
193          (c) has the capacity to hold 501 gallons or more; and
194          (d) is not:
195          (i) used in agricultural operations, as defined by the board by rule made in accordance
196     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
197          (ii) used for heating oil for consumptive use on the premises where stored;

198          (iii) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard
199     Industrial Classification Manual of the federal Executive Office of the President, Office of
200     Management and Budget;
201          (iv) directly related to oil or gas production and gathering operations; or
202          (v) used in the fueling of aircraft or ground service equipment at a commercial airport
203     that serves passengers or cargo, with commercial airport defined in Section 72-10-102.
204          (3) "Board" means the Waste Management and Radiation Control Board created in
205     Section 19-1-106.
206          (4) "Bodily injury" means bodily harm, sickness, disease, or death sustained by a
207     person.
208          (5) "Certificate of compliance" means a certificate issued to a facility by the director:
209          (a) demonstrating that an owner or operator of a facility containing one or more
210     petroleum storage tanks has met the requirements of this part; and
211          (b) listing petroleum storage tanks at the facility, specifying:
212          (i) which tanks may receive petroleum; and
213          (ii) which tanks have not met the requirements for compliance.
214          (6) "Certificate of registration" means a certificate issued to a facility by the director
215     demonstrating that an owner or operator of a facility containing one or more petroleum storage
216     tanks has:
217          (a) registered the tanks; and
218          (b) paid the annual tank fee.
219          (7) (a) "Certified petroleum storage tank consultant" means a person who:
220          (i) for a fee, or in connection with services for which a fee is charged, provides or
221     contracts to provide information, opinions, or advice relating to underground storage tank
222     release:
223          (A) management;
224          (B) abatement;
225          (C) investigation;

226          (D) corrective action; or
227          (E) evaluation;
228          (ii) has submitted an application to the director;
229          (iii) received a written statement of certification from the director; and
230          (iv) meets the education and experience standards established by the board under
231     Subsection 19-6-403(1)(a)(vii).
232          (b) "Certified petroleum storage tank consultant" does not include:
233          (i) (A) an employee of the owner or operator of the underground storage tank; or
234          (B) an employee of a business operation that has a business relationship with the owner
235     or operator of the underground storage tank, and markets petroleum products or manages
236     underground storage tanks; or
237          (ii) a person licensed to practice law in this state who offers only legal advice on
238     underground storage tank release:
239          (A) management;
240          (B) abatement;
241          (C) investigation;
242          (D) corrective action; or
243          (E) evaluation.
244          (8) "Closed" means a petroleum storage tank that is no longer in use that has been:
245          (a) emptied and cleaned to remove the liquids and accumulated sludges; and
246          (b) (i) removed along with all underground components; or
247          (ii) filled with an inert solid material, and in the case of piping, secured and capped.
248          (9) "Corrective action plan" means a plan for correcting a release from a petroleum
249     storage tank that includes provisions for any of the following:
250          (a) cleanup or removal of the release;
251          (b) containment or isolation of the release;
252          (c) treatment of the release;
253          (d) correction of the cause of the release;

254          (e) monitoring and maintenance of the site of the release;
255          (f) provision of alternative water supplies to a person whose drinking water has
256     become contaminated by the release; or
257          (g) temporary or permanent relocation, whichever is determined by the director to be
258     more cost-effective, of a person whose dwelling has been determined by the director to be no
259     longer habitable due to the release.
260          (10) "Costs" means money expended for:
261          (a) investigation;
262          (b) abatement action;
263          (c) corrective action;
264          (d) judgments, awards, and settlements for bodily injury or property damage to third
265     parties;
266          (e) legal and claims adjusting costs incurred by the state in connection with judgments,
267     awards, or settlements for bodily injury or property damage to third parties; or
268          (f) costs incurred by the state risk manager in determining the actuarial soundness of
269     the fund.
270          (11) "Covered by the fund" means the requirements of Section 19-6-424 have been
271     met.
272          (12) "Director" means the director of the Division of Environmental Response and
273     Remediation.
274          (13) "Division" means the Division of Environmental Response and Remediation,
275     created in Subsection 19-1-105(1)(c).
276          (14) "Dwelling" means a building that is usually occupied by a person lodging there at
277     night.
278          (15) "Enforcement proceedings" means a civil action or the procedures to enforce
279     orders established by Section 19-6-425.
280          (16) "Facility" means the petroleum storage tanks located on a single parcel of property
281     or on any property adjacent or contiguous to that parcel.

282          (17) "Fund" means the Petroleum Storage Tank [Trust] Fund created in Section
283     19-6-409.
284          (18) "Operator" means a person in control of or who is responsible on a daily basis for
285     the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of
286     a regulated substance.
287          (19) "Owner" means:
288          (a) in the case of an underground storage tank in use on or after November 8, 1984, a
289     person who owns an underground storage tank used for the storage, use, or dispensing of a
290     regulated substance;
291          (b) in the case of an underground storage tank in use before November 8, 1984, but not
292     in use on or after November 8, 1984, a person who owned the tank immediately before the
293     discontinuance of its use for the storage, use, or dispensing of a regulated substance; and
294          (c) in the case of an aboveground petroleum storage tank, a person who owns the
295     aboveground petroleum storage tank.
296          (20) "Petroleum" includes crude oil or a fraction of crude oil that is liquid at:
297          (a) 60 degrees Fahrenheit; and
298          (b) a pressure of 14.7 pounds per square inch absolute.
299          (21) "Petroleum storage tank" means a tank that:
300          (a) is an underground storage tank;
301          (b) is an aboveground petroleum storage tank; or
302          (c) is a tank containing regulated substances that is voluntarily submitted for
303     participation in the Petroleum Storage Tank [Trust] Fund under Section 19-6-415.
304          (22) "Petroleum Storage Tank Restricted Account" means the account created in
305     Section 19-6-405.5.
306          (23) "Program" means the Environmental Assurance Program under Section
307     19-6-410.5.
308          (24) "Property damage" means physical injury to, destruction of, or loss of use of
309     tangible property.

310          (25) (a) "Regulated substance" means petroleum and petroleum-based substances
311     comprised of a complex blend of hydrocarbons derived from crude oil through processes of
312     separation, conversion, upgrading, and finishing.
313          (b) "Regulated substance" includes motor fuels, jet fuels, distillate fuel oils, residual
314     fuel oils, lubricants, petroleum solvents, and used oils.
315          (26) (a) "Release" means spilling, leaking, emitting, discharging, escaping, leaching, or
316     disposing a regulated substance from a petroleum storage tank into ground water, surface
317     water, or subsurface soils.
318          (b) A release of a regulated substance from a petroleum storage tank is considered a
319     single release from that tank system.
320          (27) (a) "Responsible party" means a person who:
321          (i) is the owner or operator of a facility;
322          (ii) owns or has legal or equitable title in a facility or a petroleum storage tank;
323          (iii) owned or had legal or equitable title in a facility at the time petroleum was
324     received or contained at the facility;
325          (iv) operated or otherwise controlled activities at a facility at the time petroleum was
326     received or contained at the facility; or
327          (v) is an underground storage tank installation company.
328          (b) "Responsible party" is as defined in Subsections (27)(a)(i), (ii), and (iii) does not
329     include:
330          (i) a person who is not an operator and, without participating in the management of a
331     facility and otherwise not engaged in petroleum production, refining, and marketing, holds
332     indicia of ownership:
333          (A) primarily to protect the person's security interest in the facility; or
334          (B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an
335     employee benefit plan; or
336          (ii) governmental ownership or control of property by involuntary transfers as provided
337     in CERCLA Section 101(20)(D), 42 U.S.C. Sec. 9601(20)(D).

338          (c) The exemption created by Subsection (27)(b)(i)(B) does not apply to actions taken
339     by the state or its officials or agencies under this part.
340          (d) The terms and activities "indicia of ownership," "primarily to protect a security
341     interest," "participation in management," and "security interest" under this part are in
342     accordance with 40 C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9).
343          (e) The terms "participate in management" and "indicia of ownership" as defined in 40
344     C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9) include and apply to
345     the fiduciaries listed in Subsection (27)(b)(i)(B).
346          (28) "Rests directly on the ground" means that at least some portion of a petroleum
347     storage tank situated aboveground is in direct contact with soil.
348          (29) "Soil test" means a test, established or approved by board rule, to detect the
349     presence of petroleum in soil.
350          (30) "State cleanup appropriation" means money appropriated by the Legislature to the
351     department to fund the investigation, abatement, and corrective action regarding releases not
352     covered by the fund.
353          (31) "Underground piping" means piping that is buried in the ground that is in direct
354     contact with soil and connected to an aboveground petroleum storage tank.
355          (32) "Underground storage tank" means a tank regulated under Subtitle I, Resource
356     Conservation and Recovery Act, 42 U.S.C. Sec. 6991c, et seq., including:
357          (a) underground pipes and lines connected to a storage tank;
358          (b) underground ancillary equipment;
359          (c) a containment system; and
360          (d) each compartment of a multi-compartment storage tank.
361          (33) "Underground storage tank installation company" means a person, firm,
362     partnership, corporation, governmental entity, association, or other organization that installs
363     underground storage tanks.
364          (34) "Underground storage tank installation company permit" means a permit issued to
365     an underground storage tank installation company by the director.

366          (35) "Underground storage tank technician" means a person employed by and acting
367     under the direct supervision of a certified petroleum storage tank consultant to assist in carrying
368     out the functions described in Subsection (7)(a).
369          Section 6. Section 19-6-405.7 is amended to read:
370          19-6-405.7. Petroleum Storage Tank Cleanup Fund -- Revenue and purposes --
371     Relation to Petroleum Storage Tank Fund.
372          (1) There is created [a private-purpose trust] an enterprise fund entitled the "Petroleum
373     Storage Tank Cleanup Fund," which is referred to in this section as the cleanup fund.
374          (2) The cleanup fund sources of revenue are:
375          (a) any voluntary contributions received by the department for the cleanup of facilities;
376          (b) legislative appropriations made to the cleanup fund; and
377          (c) costs recovered under this part.
378          (3) The cleanup fund shall earn interest, which shall be deposited in the cleanup fund.
379          (4) The director may use the cleanup fund money for administration, investigation,
380     abatement action, and preparing and implementing a corrective action plan regarding releases
381     and suspected releases not covered by the Petroleum Storage Tank [Trust] Fund created in
382     Section 19-6-409.
383          Section 7. Section 19-6-409 is amended to read:
384          19-6-409. Petroleum Storage Tank Fund -- Source of revenues.
385          (1) (a) There is created [a private-purpose trust] an enterprise fund entitled the
386     "Petroleum Storage Tank [Trust] Fund."
387          (b) The sole sources of revenues for the fund are:
388          (i) petroleum storage tank fees paid under Section 19-6-411;
389          (ii) underground storage tank installation company permit fees paid under Section
390     19-6-411;
391          (iii) the environmental assurance fee and penalties paid under Section 19-6-410.5;
392          (iv) appropriations to the fund;
393          (v) principal and interest received from the repayment of loans made by the director

394     under Subsection (5); and
395          (vi) interest accrued on revenues listed in this Subsection (1)(b).
396          (c) Interest earned on fund money is deposited into the fund.
397          (2) The director may expend money from the fund to pay costs:
398          (a) covered by the fund under Section 19-6-419;
399          (b) of administering the:
400          (i) fund; and
401          (ii) environmental assurance program and fee under Section 19-6-410.5;
402          (c) incurred by the state for a legal service or claim adjusting service provided in
403     connection with a claim, judgment, award, or settlement for bodily injury or property damage
404     to a third party;
405          (d) incurred by the director in determining the actuarial soundness of the fund;
406          (e) incurred by a third party claiming injury or damages from a release reported on or
407     after May 11, 2010, for hiring a certified petroleum storage tank consultant:
408          (i) to review an investigation or corrective action by a responsible party; and
409          (ii) in accordance with Subsection (4); and
410          (f) allowed under this part that are not listed under this Subsection (2).
411          (3) Costs for the administration of the fund and the environmental assurance fee shall
412     be appropriated by the Legislature.
413          (4) The director shall:
414          (a) in paying costs under Subsection (2)(e):
415          (i) determine a reasonable limit on costs paid based on the:
416          (A) extent of the release;
417          (B) impact of the release; and
418          (C) services provided by the certified petroleum storage tank consultant;
419          (ii) pay, per release, costs for one certified petroleum storage tank consultant agreed to
420     by all third parties claiming damages or injury;
421          (iii) include costs paid in the coverage limits allowed under Section 19-6-419; and

422          (iv) not pay legal costs of third parties;
423          (b) review and give careful consideration to reports and recommendations provided by
424     a certified petroleum storage tank consultant hired by a third party; and
425          (c) make reports and recommendations provided under Subsection (4)(b) available on
426     the Division of Environmental Response and Remediation's website.
427          (5) The director may loan, in accordance with this section, money available in the fund
428     to a person to be used for:
429          (a) upgrading an underground storage tank;
430          (b) replacing an underground storage tank; or
431          (c) permanently closing an underground storage tank.
432          (6) (a) A person may apply to the director for a loan under Subsection (5)(c) if all tanks
433     owned or operated by that person are in substantial compliance with all state and federal
434     requirements or will be brought into substantial compliance using money from the fund.
435          (b) A person may apply to the director for a loan under Subsection (5)(a) or (b) if:
436          (i) the requirements of Subsection (6)(a) are met; and
437          (ii) the person participates in the Environmental Assurance Program under Section
438     19-6-410.5.
439          (7) The director shall consider loan applications under Subsection (6) to meet the
440     following objectives:
441          (a) support availability of gasoline in rural parts of the state;
442          (b) support small businesses; and
443          (c) reduce the threat of a petroleum release endangering the environment.
444          (8) (a) A loan made under this section may not be for more than:
445          (i) $300,000 for all tanks at any one facility;
446          (ii) $100,000 per tank; and
447          (iii) 80% of the total cost of:
448          (A) upgrading an underground storage tank;
449          (B) replacing an underground storage tank; or

450          (C) permanently closing an underground storage tank.
451          (b) A loan made under this section shall:
452          (i) have a fixed annual interest rate of 0%;
453          (ii) have a term no longer than 10 years;
454          (iii) be made on the condition the loan applicant obtains adequate security for the loan
455     as established by board rule under Subsection (9); and
456          (iv) comply with rules made by the board under Subsection (9).
457          (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
458     board shall make rules establishing:
459          (a) form, content, and procedure for a loan application;
460          (b) criteria and procedures for prioritizing a loan application;
461          (c) requirements and procedures for securing a loan;
462          (d) procedures for making a loan;
463          (e) procedures for administering and ensuring repayment of a loan, including late
464     payment penalties;
465          (f) procedures for recovering on a defaulted loan; and
466          (g) the maximum amount of the fund that may be used for loans.
467          (10) A decision by the director to loan money from the fund and otherwise administer
468     the fund is not subject to Title 63G, Chapter 4, Administrative Procedures Act.
469          (11) The Legislature shall appropriate money from the fund to the department for the
470     administration costs associated with making loans under this section.
471          (12) The director may enter into an agreement with a public entity or private
472     organization to perform a task associated with administration of loans made under this section.
473          Section 8. Section 19-6-410.5 is amended to read:
474          19-6-410.5. Environmental Assurance Program -- Participant fee -- State Tax
475     Commission administration, collection, and enforcement of tax.
476          (1) As used in this section:
477          (a) "Cash balance" means cash plus investments and current accounts receivable minus

478     current accounts payable, excluding the liabilities estimated by the executive director.
479          (b) "Commission" means the State Tax Commission, as defined in Section 59-1-101.
480          (2) (a) There is created an Environmental Assurance Program.
481          (b) The program shall provide to a participating owner or operator, upon payment of
482     the fee imposed under Subsection (4), assistance with satisfying the financial responsibility
483     requirements of 40 C.F.R., Part 280, Subpart H, by providing funds from the Petroleum
484     Storage Tank [Trust] Fund established in Section 19-6-409, subject to the terms and conditions
485     of this part, and rules implemented under this part.
486          (3) (a) Subject to Subsection (3)(b), participation in the program is voluntary.
487          (b) An owner or operator seeking to satisfy financial responsibility requirements
488     through the program shall use the program for all petroleum storage tanks that the owner or
489     operator owns or operates.
490          (4) (a) There is assessed an environmental assurance fee of 13/20 cent per gallon on the
491     first sale or use of petroleum products in the state.
492          (b) The environmental assurance fee and any other revenue collected under this section
493     shall be deposited in the Petroleum Storage Tank [Trust] Fund created in Section 19-6-409 and
494     used solely for the purposes listed in Section 19-6-409.
495          (5) (a) The commission shall administer, collect, and enforce the fee imposed under
496     this section according to the same procedures used in the administration, collection, and
497     enforcement of the state sales and use tax under:
498          (i) Title 59, Chapter 1, General Taxation Policies; and
499          (ii) Title 59, Chapter 12, Part 1, Tax Collection.
500          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
501     commission shall make rules to establish:
502          (i) the method of payment of the environmental assurance fee;
503          (ii) the procedure for reimbursement or exemption of an owner or operator that does
504     not participate in the program, including an owner or operator of an above ground storage tank;
505     and

506          (iii) the procedure for confirming with the department that an owner or operator
507     qualifies for reimbursement or exemption under Subsection (5)(b)(ii).
508          (c) The commission may retain an amount not to exceed 2.5% of fees collected under
509     this section for the cost to the commission of rendering its services.
510          (d) By January 1, 2015, for underground storage tanks, and by July 1, 2026, for
511     aboveground petroleum storage tanks, the division shall, by rule, create:
512          (i) a model for assessing the risk profile of each facility participating in the program,
513     for purposes of qualifying for a rebate of a portion of the environmental assurance fee
514     described in Subsection (4) collected from an owner or operator that participates in the
515     program; and
516          (ii) a rebate schedule listing the amount of the environmental assurance fee that an
517     owner or operator participating in the program may qualify for based on risk profiles
518     determined by the model developed under Subsection (5)(d)(i).
519          (e) The rebate described in Subsection (5)(d):
520          (i) may not exceed 40% of the actual fee collected from an owner or operator of a
521     low-risk underground storage tank as defined in the risk-based model developed under
522     Subsection (5)(d);
523          (ii) is administered on a per facility basis;
524          (iii) is based on the facility's risk profile at the end of the prior calendar year;
525          (iv) is only applicable to an environmental assurance fee collected after December 30,
526     2014, for underground storage tanks, and June 30, 2026, for aboveground petroleum storage
527     tanks; and
528          (v) shall be claimed in the form of a refund from the commission.
529          (f) The refund described in Subsection (5)(e)(v) may be claimed on a monthly basis.
530          (6) (a) The person responsible for payment of the fee under this section shall, by the
531     last day of the month following the month in which the sale occurs:
532          (i) complete and submit the form prescribed by the commission; and
533          (ii) pay the fee to the commission.

534          (b) (i) The penalties and interest for failure to file the form or to pay the environmental
535     assurance fee are the same as the penalties and interest under Sections 59-1-401 and 59-1-402.
536          (ii) The commission shall deposit penalties and interest collected under this section in
537     the Petroleum Storage Tank [Trust] Fund.
538          (c) The commission shall report to the department a person who is delinquent in
539     payment of the fee under this section.
540          (7) (a) (i) If the cash balance of the Petroleum Storage Tank [Trust] Fund on June 30 of
541     any year exceeds $50,000,000, the assessment of the environmental assurance fee as provided
542     in Subsection (4) is reduced to 1/4 cent per gallon beginning November 1.
543          (ii) The reduction under this Subsection (7)(a) remains in effect until modified by the
544     Legislature in a general or special session.
545          (b) The commission shall determine the cash balance of the fund each year as of June
546     30.
547          (c) Before September 1 of each year, the department shall provide the commission with
548     the accounts payable of the fund as of June 30.
549          Section 9. Section 19-6-411 is amended to read:
550          19-6-411. Petroleum storage tank fee for program participants.
551          (1) In addition to the underground storage tank registration fee paid in Section
552     19-6-408, the owner or operator of a petroleum storage tank who elects to participate in the
553     environmental assurance program under Section 19-6-410.5 shall also pay an annual petroleum
554     storage tank fee to the department for each facility as follows:
555          (a) an annual fee of:
556          (i) $450 for each tank in a facility with an annual facility throughput rate of 70,000
557     gallons or less;
558          (ii) $150 for each tank in a facility with an annual facility throughput rate of greater
559     than 70,000 gallons; and
560          (iii) $450 for each tank in a facility regarding which:
561          (A) the facility's throughput rate is not reported to the department within 30 days after

562     the date this throughput information is requested by the department; or
563          (B) the owner or operator elects to pay the fee under this Subsection (1)(a)(iii), rather
564     than report under Subsection (1)(a)(i) or (ii); and
565          (b) for any new tank:
566          (i) that is installed to replace an existing tank at an existing facility, any annual
567     petroleum storage tank fee paid for the current fiscal year for the existing tank is applicable to
568     the new tank; and
569          (ii) installed at a new facility or at an existing facility, which is not a replacement for
570     another existing tank, the fees are as provided in Subsection (1)(a)(ii).
571          (2) (a) As a condition of receiving a permit and being eligible for benefits under
572     Section 19-6-419 from the Petroleum Storage Tank [Trust] Fund, each underground storage
573     tank installation company shall pay to the department the following fees to be deposited in the
574     fund:
575          (i) an annual fee of:
576          (A) $2,000 per underground storage tank installation company if the installation
577     company has installed 15 or fewer underground storage tanks within the 12 months preceding
578     the fee due date; or
579          (B) $4,000 per underground storage tank installation company if the installation
580     company has installed 16 or more underground storage tanks within the 12 months preceding
581     the fee due date; and
582          (ii) $200 for each underground storage tank installed in the state, to be paid prior to
583     completion of installation.
584          (b) The board shall make rules specifying which portions of an underground storage
585     tank installation shall be subject to the permitting fees when less than a full underground
586     storage tank system is installed.
587          (3) (a) Fees under Subsection (1) are due on or before July 1 annually.
588          (b) If the department does not receive the fee on or before July 1, the department shall
589     impose a late penalty of $60 per facility.

590          (c) (i) The fee and the late penalty accrue interest at 12% per annum.
591          (ii) If the fee, the late penalty, and all accrued interest are not received by the
592     department within 60 days after July 1, the eligibility of the owner or operator to receive
593     payments for claims against the fund lapses on the 61st day after July 1.
594          (iii) In order for the owner or operator to reinstate eligibility to receive payments for
595     claims against the fund, the owner or operator shall meet the requirements of Subsection
596     19-6-428(3).
597          (4) (a) (i) Fees under Subsection (2)(a)(i) are due on or before July 1 annually. If the
598     department does not receive the fees on or before July 1, the department shall impose a late
599     penalty of $60 per installation company. The fee and the late penalty accrue interest at 12% per
600     annum.
601          (ii) If the fee, late penalty, and all accrued interest due are not received by the
602     department within 60 days after July 1, the underground storage tank installation company's
603     permit and eligibility to receive payments for claims against the fund lapse on the 61st day after
604     July 1.
605          (b) (i) Fees under Subsection (2)(a)(ii) are due prior to completion of installation. If
606     the department does not receive the fees prior to completion of installation, the department
607     shall impose a late penalty of $60 per facility. The fee and the late penalty accrue interest at
608     12% per annum.
609          (ii) If the fee, late penalty, and all accrued interest are not received by the department
610     within 60 days after the underground storage tank installation is completed, eligibility to
611     receive payments for claims against the fund for that tank lapse on the 61st day after the tank
612     installation is completed.
613          (c) The director may not reissue the underground storage tank installation company
614     permit until the fee, late penalty, and all accrued interest are received by the department.
615          (5) If the executive director determines that the fees established in Subsections (1) and
616     (2) and the environmental assurance fee established in Section 19-6-410.5 are insufficient to
617     maintain the fund on an actuarially sound basis, the executive director may petition the

618     Legislature to increase the petroleum storage tank and underground storage tank installation
619     company permit fees, and the environmental assurance fee to a level that will sustain the fund
620     on an actuarially sound basis.
621          (6) The director may waive all or part of the fees required to be paid on or before May
622     5, 1997, for a petroleum storage tank under this section if no fuel has been dispensed from the
623     tank on or after July 1, 1991.
624          (7) (a) The director shall issue a certificate of compliance to the owner or operator of a
625     petroleum storage tank or underground storage tank, for which payment of fees has been made
626     and other requirements have been met to qualify for a certificate of compliance under this part.
627          (b) The board shall make rules providing for the identification, through a tag or other
628     readily identifiable method, of a petroleum storage tank or underground storage tank under
629     Subsection (7)(a) that does not qualify for a certificate of compliance under this part.
630          Section 10. Section 19-6-415 is amended to read:
631          19-6-415. Participation of excluded or exempt tanks.
632          (1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280,
633     Subpart A, may become eligible for payments from the Petroleum Storage Tank [Trust] Fund if
634     the underground storage tank:
635          (a) (i) is a farm or residential tank with a capacity of 1,100 gallons or less and is used
636     for storing motor fuel for noncommercial purposes;
637          (ii) is used for storing heating oil for consumptive use on the premises where stored; or
638          (iii) is used for any oxygenate blending component for motor fuels;
639          (b) complies with the requirements of Section 19-6-412;
640          (c) meets other requirements established by rules made under Section 19-6-403; and
641          (d) pays registration and tank fees and environmental assurance fees, equivalent to
642     those fees outlined in Sections 19-6-408, 19-6-410.5, and 19-6-411.
643          (2) An aboveground petroleum storage tank excluded from the definition of
644     aboveground petroleum storage tank under Section 19-6-402, may become eligible for
645     payments from the Petroleum Storage Tank [Trust] Fund if the owner or operator:

646          (a) pays those fees that are equivalent to the registration and tank fees and
647     environmental assurance fees under Sections 19-6-408, 19-6-410.5, and 19-6-411;
648          (b) complies with the requirements of Section 19-6-412; and
649          (c) meets other requirements established by rules made under Section 19-6-403.
650          Section 11. Section 40-6-19 is amended to read:
651          40-6-19. Bond and Surety Forfeiture Fund -- Contents -- Use of fund money.
652          (1) There is created [a private-purpose trust fund] an administrative fund within the
653     General Fund known as the "Bond and Surety Forfeiture [Trust] Fund."
654          (2) Money collected by the Division of Oil, Gas, and Mining as a result of bond or
655     surety forfeitures shall be deposited in the fund.
656          (3) Interest earned on money in the fund shall accrue to the fund.
657          (4) (a) Money from each forfeited bond or surety, together with interest, shall be used
658     by the Division of Oil, Gas, and Mining to accomplish the requisite performance standards
659     under the program to which the forfeited bond or surety corresponds.
660          (b) Any money not used for a project shall be returned to the rightful claimant.
661          Section 12. Section 41-1a-418 is amended to read:
662          41-1a-418. Authorized special group license plates.
663          (1) The division shall only issue special group license plates in accordance with this
664     section through Section 41-1a-422 to a person who is specified under this section within the
665     categories listed as follows:
666          (a) disability special group license plates issued in accordance with Section 41-1a-420;
667          (b) honor special group license plates, as in a war hero, which plates are issued for a:
668          (i) survivor of the Japanese attack on Pearl Harbor;
669          (ii) former prisoner of war;
670          (iii) recipient of a Purple Heart;
671          (iv) disabled veteran;
672          (v) recipient of a gold star award issued by the United States Secretary of Defense; or
673          (vi) recipient of a campaign or combat theater award determined by the Department of

674     Veterans and Military Affairs;
675          (c) unique vehicle type special group license plates, as for historical, collectors value,
676     or other unique vehicle type, which plates are issued for:
677          (i) a special interest vehicle;
678          (ii) a vintage vehicle;
679          (iii) a farm truck; or
680          (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
681     defined in Section 59-13-102; or
682          (B) beginning on the effective date of rules made by the Department of Transportation
683     authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
684     powered by clean fuel that meets the standards established by the Department of Transportation
685     in rules authorized under Subsection 41-6a-702(5)(b);
686          (d) recognition special group license plates, which plates are issued for:
687          (i) a current member of the Legislature;
688          (ii) a current member of the United States Congress;
689          (iii) a current member of the National Guard;
690          (iv) a licensed amateur radio operator;
691          (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
692          (vi) an emergency medical technician;
693          (vii) a current member of a search and rescue team;
694          (viii) a current honorary consulate designated by the United States Department of
695     State;
696          (ix) an individual supporting commemoration and recognition of women's suffrage;
697          (x) an individual supporting a fraternal, initiatic order for those sharing moral and
698     metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly love,
699     relief, and truth;
700          (xi) an individual supporting the Utah Wing of the Civil Air Patrol; or
701          (xii) an individual supporting the recognition and continuation of the work and life of

702     Dr. Martin Luther King, Jr.; or
703          (e) support special group license plates, as for a contributor to an institution or cause,
704     which plates are issued for a contributor to:
705          (i) an institution's scholastic scholarship fund;
706          (ii) the Division of Wildlife Resources;
707          (iii) the Department of Veterans and Military Affairs;
708          (iv) the Division of State Parks or the Division of Recreation;
709          (v) the Department of Agriculture and Food;
710          (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
711          (vii) the Boy Scouts of America;
712          (viii) spay and neuter programs through No More Homeless Pets in Utah;
713          (ix) the Boys and Girls Clubs of America;
714          (x) Utah public education;
715          (xi) programs that provide support to organizations that create affordable housing for
716     those in severe need through the Division of Real Estate;
717          (xii) the Department of Public Safety;
718          (xiii) programs that support Zion National Park;
719          (xiv) beginning on July 1, 2009, programs that provide support to firefighter
720     organizations;
721          (xv) programs that promote bicycle operation and safety awareness;
722          (xvi) programs that conduct or support cancer research;
723          (xvii) programs that create or support autism awareness;
724          (xviii) programs that create or support humanitarian service and educational and
725     cultural exchanges;
726          (xix) until September 30, 2017, programs that conduct or support prostate cancer
727     awareness, screening, detection, or prevention;
728          (xx) programs that support and promote adoptions;
729          (xxi) programs that support issues affecting women and children through an

730     organization affiliated with a national professional men's basketball organization;
731          (xxii) programs that strengthen youth soccer, build communities, and promote
732     environmental sustainability through an organization affiliated with a professional men's soccer
733     organization;
734          (xxiii) programs that support children with heart disease;
735          (xxiv) programs that support the operation and maintenance of the Utah Law
736     Enforcement Memorial;
737          (xxv) programs that provide assistance to children with cancer;
738          (xxvi) programs that promote leadership and career development through agricultural
739     education;
740          (xxvii) the Utah State Historical Society;
741          [(xxviii) programs to transport veterans to visit memorials honoring the service and
742     sacrifices of veterans;]
743          [(xxix)] (xxviii) programs that promote motorcycle safety awareness;
744          [(xxx)] (xxix) organizations that promote clean air through partnership, education, and
745     awareness;
746          [(xxxi)] (xxx) programs dedicated to strengthening the state's Latino community
747     through education, mentoring, and leadership opportunities;
748          [(xxxii)] (xxxi) organizations dedicated to facilitating, connecting, registering, and
749     advocating for organ donors and donor families; or
750          [(xxxiii)] (xxxii) public education on behalf of the Kiwanis International clubs.
751          (2) (a) The division may not issue a new type of special group license plate or decal
752     unless the division receives:
753          (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
754     the production and administrative costs of providing the new special group license plates or
755     decals; or
756          (B) a legislative appropriation for the start-up fee provided under Subsection
757     (2)(a)(i)(A); and

758          (ii) beginning on January 1, 2012, and for the issuance of a support special group
759     license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
760     type of support special group license plate or decal to be issued with all fees required under this
761     part for the support special group license plate or decal issuance paid by each applicant.
762          (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
763     hold applications for support special group license plates or decals authorized in Section
764     41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
765          (ii) Once a participating organization has received at least 500 applications, it shall
766     submit the applications, along with the necessary fees, to the division for the division to begin
767     working on the design and issuance of the new type of support special group license plate or
768     decal to be issued.
769          (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
770     of a new support special group license plate or decal authorized in Section 41-1a-422 until the
771     applications and fees required under this Subsection (2) have been received by the division.
772          (iv) The division shall begin issuance of a new support special group license plate or
773     decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
774     after receiving the applications and fees required under this Subsection (2).
775          (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
776     registration of a motor vehicle that has been issued a firefighter recognition special group
777     license plate unless the applicant is a contributor as defined in Subsection
778     41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
779          (ii) A registered owner of a vehicle that has been issued a firefighter recognition
780     special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
781     registration shall:
782          (A) be a contributor to the Firefighter Support Restricted Account as required under
783     Subsection (2)(c)(i); or
784          (B) replace the firefighter recognition special group license plate with a new license
785     plate.

786          (3) Beginning on July 1, 2011, if a support special group license plate or decal type
787     authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
788     license plates issued each year for a three consecutive year time period that begins on July 1,
789     the division may not issue that type of support special group license plate or decal to a new
790     applicant beginning on January 1 of the following calendar year after the three consecutive year
791     time period for which that type of support special group license plate or decal has fewer than
792     500 license plates issued each year.
793          (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
794     vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
795          (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
796     support special group license plate.
797          (b) A registered owner of a vehicle that has been issued a prostate cancer support
798     special group license plate before October 1, 2017, may renew the owner's motor vehicle
799     registration, with the contribution allocated as described in Section 41-1a-422.
800          Section 13. Section 41-1a-422 is amended to read:
801          41-1a-422. Support special group license plates -- Contributor -- Voluntary
802     contribution collection procedures.
803          (1) As used in this section:
804          (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who has
805     donated or in whose name at least $25 has been donated to:
806          (A) a scholastic scholarship fund of a single named institution;
807          (B) the Department of Veterans and Military Affairs for veterans programs;
808          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
809     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
810     access, and management of wildlife habitat;
811          (D) the Department of Agriculture and Food for the benefit of conservation districts;
812          (E) the Division of Recreation for the benefit of snowmobile programs;
813          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with

814     the donation evenly divided between the two;
815          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
816     council as specified by the contributor;
817          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
818     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
819          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
820     development programs;
821          (J) the Utah Association of Public School Foundations to support public education;
822          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
823     assist people who have severe housing needs;
824          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
825     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
826     Safety employees;
827          (M) the Division of State Parks for distribution to organizations that provide support
828     for Zion National Park;
829          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
830     firefighter organizations;
831          (O) the Share the Road Bicycle Support Restricted Account created in Section
832     72-2-127 to support bicycle operation and safety awareness programs;
833          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
834     cancer research programs;
835          (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
836     autism awareness programs;
837          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
838     created in Section 9-17-102 to support humanitarian service and educational and cultural
839     programs;
840          (S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
841     Research Restricted Account created in Section 26-21a-302 to support cancer research

842     programs;
843          (T) the Choose Life Adoption Support Restricted Account created in Section
844     62A-4a-608 to support programs that promote adoption;
845          (U) the National Professional Men's Basketball Team Support of Women and Children
846     Issues Restricted Account created in Section 62A-1-202;
847          (V) the Utah Law Enforcement Memorial Support Restricted Account created in
848     Section 53-1-120;
849          (W) the Children with Cancer Support Restricted Account created in Section
850     26-21a-304 for programs that provide assistance to children with cancer;
851          (X) the National Professional Men's Soccer Team Support of Building Communities
852     Restricted Account created in Section 9-19-102;
853          (Y) the Children with Heart Disease Support Restricted Account created in Section
854     26-58-102;
855          (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
856     and Leadership Restricted Account created in Section 4-42-102;
857          (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
858     Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
859     operation and maintenance of existing, state-owned firearm shooting ranges;
860          (BB) the Utah State Historical Society to further the mission and purpose of the Utah
861     State Historical Society;
862          (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
863     72-2-130;
864          [(DD) the Transportation of Veterans to Memorials Support Restricted Account
865     created in Section 71-14-102;]
866          [(EE)] (DD) clean air support causes, with half of the donation deposited into the
867     Clean Air Support Restricted Account created in Section 19-1-109, and half of the donation
868     deposited into the Clean Air Fund created in Section 59-10-1319;
869          [(FF)] (EE) the Latino Community Support Restricted Account created in Section

870     13-1-16;
871          [(GG)] (FF) the Allyson Gamble Organ Donation Contribution Fund created in Section
872     26-18b-101; or
873          [(HH)] (GG) public education on behalf of the Kiwanis International clubs, with the
874     amount of the donation required to cover the costs of issuing, ordering, or reordering Kiwanis
875     support special group plates, as determined by the State Tax Commission, deposited into the
876     Kiwanis Education Support Fund created in Section 53F-9-403, and all remaining donation
877     amounts deposited into the Education Fund.
878          (ii) (A) For a veterans special group license plate described in Subsection
879     41-1a-421(1)(a)(v) or 41-1a-422(4), "contributor" means a person who has donated or in whose
880     name at least a $25 donation at the time of application and $10 annual donation thereafter has
881     been made.
882          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
883     person who:
884          (I) has donated or in whose name at least $30 has been donated at the time of
885     application and annually after the time of application; and
886          (II) is a member of a trade organization for real estate licensees that has more than
887     15,000 Utah members.
888          (C) For an Honoring Heroes special group license plate, "contributor" means a person
889     who has donated or in whose name at least $35 has been donated at the time of application and
890     annually thereafter.
891          (D) For a firefighter support special group license plate, "contributor" means a person
892     who:
893          (I) has donated or in whose name at least $15 has been donated at the time of
894     application and annually after the time of application; and
895          (II) is a currently employed, volunteer, or retired firefighter.
896          (E) For a cancer research special group license plate, "contributor" means a person who
897     has donated or in whose name at least $35 has been donated at the time of application and

898     annually after the time of application.
899          (F) For a Utah Law Enforcement Memorial Support special group license plate,
900     "contributor" means a person who has donated or in whose name at least $35 has been donated
901     at the time of application and annually thereafter.
902          (b) "Institution" means a state institution of higher education as defined under Section
903     53B-3-102 or a private institution of higher education in the state accredited by a regional or
904     national accrediting agency recognized by the United States Department of Education.
905          (2) (a) An applicant for original or renewal collegiate special group license plates under
906     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
907     present the original contribution verification form under Subsection (2)(b) or make a
908     contribution to the division at the time of application under Subsection (3).
909          (b) An institution with a support special group license plate shall issue to a contributor
910     a verification form designed by the commission containing:
911          (i) the name of the contributor;
912          (ii) the institution to which a donation was made;
913          (iii) the date of the donation; and
914          (iv) an attestation that the donation was for a scholastic scholarship.
915          (c) The state auditor may audit each institution to verify that the money collected by the
916     institutions from contributors is used for scholastic scholarships.
917          (d) After an applicant has been issued collegiate license plates or renewal decals, the
918     commission shall charge the institution whose plate was issued, a fee determined in accordance
919     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
920     renewing the collegiate license plates.
921          (e) If the contribution is made at the time of application, the contribution shall be
922     collected, treated, and deposited as provided under Subsection (3).
923          (3) (a) An applicant for original or renewal support special group license plates under
924     this section must be a contributor to the sponsoring organization associated with the license
925     plate.

926          (b) This contribution shall be:
927          (i) unless collected by the named institution under Subsection (2), collected by the
928     division;
929          (ii) considered a voluntary contribution for the funding of the activities specified under
930     this section and not a motor vehicle registration fee;
931          (iii) deposited into the appropriate account less actual administrative costs associated
932     with issuing the license plates; and
933          (iv) for a firefighter special group license plate, deposited into the appropriate account
934     less:
935          (A) the costs of reordering firefighter special group license plate decals; and
936          (B) the costs of replacing recognition special group license plates with new license
937     plates under Subsection 41-1a-1211(13).
938          (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
939     registration or renewal of registration.
940          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
941     the division when issuing original:
942          (i) snowmobile license plates; or
943          (ii) conservation license plates.
944          (4) Veterans license plates shall display one of the symbols representing the Army,
945     Navy, Air Force, Marines, Coast Guard, or American Legion.
946          Section 14. Section 49-11-903 is amended to read:
947          49-11-903. State appropriation funding offset -- Proportionate share
948     determination and reporting.
949          (1) As used in this section:
950          (a) "Baseline period" means calendar years 2013, 2014, and 2015.
951          (b) "Premium tax receipts" means the money received by the office under Subsection
952     49-11-901.5(1) and paid in accordance with Subsections 49-11-901.5(2)(a) and (b).
953          (c) "State appropriation" means the ongoing state appropriation from the General Fund

954     to the Firefighters Retirement [Trust and Agency] Fund that offsets the gross expense of the
955     Firefighters' Retirement System.
956          (2) The office shall make a determination for the Firefighters' Retirement System, as
957     recommended by the actuary and adopted by the executive director, as follows:
958          (a) determine for the baseline period:
959          (i) the average annual dollar amount of premium tax receipts;
960          (ii) the average annual dollar amount of total employer contributions; and
961          (iii) the proportionate share of total dollar employer contributions funded by premium
962     tax receipts for the baseline period, which is calculated as the average annual dollar amount of
963     premium tax receipts divided by the average annual dollar amount of total employer
964     contributions;
965          (b) determine for each calendar year, beginning after calendar year 2020, the
966     proportionate share of total dollar employer contributions funded by the state appropriation,
967     which is calculated as the dollar amount of the state appropriation divided by the total dollar
968     employer contributions; and
969          (c) if the proportionate share for the year exceeds the proportionate share for the
970     baseline period under Subsection (2)(a)(iii), recommend the actuarially determined dollar
971     amount, if any, that the state appropriation may be reduced by in the future to maintain an
972     equivalent proportionate share that is not expected to exceed the proportionate share for the
973     baseline period.
974          (3) (a) If the determination under Subsection (2)(c) results in recommending a
975     reduction to the state appropriation, the office shall report the dollar amount of the
976     recommended reduction to the governor and Legislature, which may be included in the annual
977     report on contribution rates required under Subsection 49-11-203(1)(h).
978          (b) If the Legislature reduces the state appropriation, the board's subsequent certified
979     contribution rates for the Firefighters' Retirement System shall include any additional member
980     or employer contributions required to maintain the system on a financially and actuarially
981     sound basis due to the reduced funding offset dollars.

982          (4) As required to implement this section, the office may make the determinations
983     using actuarial assumptions and methods adopted by the board.
984          Section 15. Section 51-5-4 is amended to read:
985          51-5-4. Funds established -- Titles of funds -- Fund functions.
986          (1) (a) (i) The funds enumerated in this section are established as major fund types.
987          (ii) All resources and financial transactions of Utah state government shall be
988     accounted for within one of these major fund types.
989          (b) (i) All funds or subfunds shall be consolidated into one of the state's major fund
990     types.
991          (ii) Where a specific statute requires that a fund or account be established, that fund or
992     account shall be accounted for as an individual fund, subfund, or account within the major fund
993     type to meet generally accepted accounting principles.
994          (iii) Existing and new activities of state government authorized by the Legislature shall
995     be accounted for within the framework of the major fund types established in this section.
996          (c) The Division of Finance shall determine the accounting classification that complies
997     with generally accepted accounting principles for all funds, subfunds, or accounts created by
998     the Legislature.
999          (d) (i) Major fund types shall be added by amending this chapter.
1000          (ii) Whenever a new act creates or establishes a fund, subfund, or account without
1001     amending this chapter, the reference to a fund, subfund, or account in the new act shall be
1002     classified within one of the major fund types established by this section.
1003          (2) Major Fund Type Titles:
1004          (a) General Fund;
1005          (b) Special Revenue Funds;
1006          (c) Capital Projects Funds;
1007          (d) Debt Service Funds;
1008          (e) Permanent Funds;
1009          (f) Enterprise Funds;

1010          (g) Internal Service Funds;
1011          (h) [Trust and Agency] Fiduciary Funds; and
1012          (i) Discrete Component Unit Funds.
1013          (3) The General Fund shall receive all revenues and account for all expenditures not
1014     otherwise provided for by law in any other fund.
1015          (4) Special Revenue Funds are used to account for and report proceeds of specific
1016     revenue sources that are restricted or committed to be expended for a specified purpose.
1017          (a) The Education Fund is a Special Revenue Fund that:
1018          (i) receives all revenues from taxes on intangible property or from a tax on income; and
1019          (ii) is designated for public and higher education.
1020          (b) The Transportation Fund is a Special Revenue Fund that accounts for all revenues
1021     that are required by law to be expended for highway purposes.
1022          (c) (i) An Expendable Special Revenue Fund is a Special Revenue Fund created by
1023     legislation or contractual relationship with parties external to the state that:
1024          (A) identifies specific revenues collected from fees, taxes, dedicated credits, donations,
1025     federal funds, or other sources;
1026          (B) defines the use of the money in the fund for a specific function of government or
1027     program within an agency; and
1028          (C) delegates spending authority or authorization to use the fund's assets to a governing
1029     board, administrative department, or other officials as defined in the enabling legislation or
1030     contract establishing the fund.
1031          (ii) An Expendable Special Revenue Fund may only be created by contractual
1032     relationship with external parties when the sources of revenue for the fund are donated
1033     revenues or federal revenues.
1034          (iii) Expendable Special Revenue Funds are subject to annual legislative review by the
1035     appropriate legislative appropriations subcommittee.
1036          (5) (a) Capital Projects Funds account for financial resources to be expended for the
1037     acquisition or construction of capital outlays, including the acquisition or construction of a

1038     capital facility and other capital assets. Capital Projects Funds exclude those types of
1039     capital-related outflows financed by proprietary funds or for assets that will be held in trust for
1040     individuals, private organizations, or other governments.
1041          (b) The Transportation Investment Fund of 2005 is a Capital Projects Fund that
1042     accounts for revenues that are required by law to be expended for the maintenance,
1043     construction, reconstruction, or renovation of certain state and federal highways.
1044          (6) Debt Service Funds account for the accumulation of resources for, and the payment
1045     of, the principal and interest on general long-term obligations.
1046          (7) Permanent Funds account for assets that are legally restricted to the extent that only
1047     earnings, and not principal, may be used for a specific purpose.
1048          (8) Enterprise Funds are designated to account for the following:
1049          (a) operations, financed and operated in a manner similar to private business
1050     enterprises, where the Legislature intends that the costs of providing goods or services to the
1051     public are financed or recovered primarily through user charges;
1052          (b) operations where the Legislature requires periodic determination of revenues
1053     earned, expenses incurred, and net income;
1054          (c) operations for which a fee is charged to external users for goods or services; or
1055          (d) operations that are financed with debt that is secured solely by a pledge of the net
1056     revenues from fees and charges of the operations.
1057          (9) Internal Service Funds account for the financing of goods or services provided by
1058     one department, division, or agency to other departments, divisions, or agencies of the state, or
1059     to other governmental units, on a cost-reimbursement basis.
1060          (10) (a) [Trust and Agency] Fiduciary Funds account for assets held by the state as
1061     trustee or agent for individuals, private organizations, or other governmental units.
1062          (b) Pension Trust Funds, Investment Trust Funds, Private-Purpose Trust Funds, and
1063     [Agency] Custodial Funds are [Trust and Agency] Fiduciary Funds.
1064          (11) Discrete Component Unit Funds account for the financial resources used to
1065     operate the state's colleges and universities and other discrete component units.

1066          Section 16. Section 59-2-924.2 is amended to read:
1067          59-2-924.2. Adjustments to the calculation of a taxing entity's certified tax rate.
1068          (1) For purposes of this section, "certified tax rate" means a certified tax rate calculated
1069     in accordance with Section 59-2-924.
1070          (2) Beginning January 1, 1997, if a taxing entity receives increased revenues from
1071     uniform fees on tangible personal property under Section 59-2-405, 59-2-405.1, 59-2-405.2,
1072     59-2-405.3, or 72-10-110.5 as a result of any county imposing a sales and use tax under
1073     Chapter 12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its
1074     certified tax rate to offset the increased revenues.
1075          (3) (a) Beginning July 1, 1997, if a county has imposed a sales and use tax under
1076     Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
1077          (i) decreased on a one-time basis by the amount of the estimated sales and use tax
1078     revenue to be distributed to the county under Subsection 59-12-1102(3); and
1079          (ii) increased by the amount necessary to offset the county's reduction in revenue from
1080     uniform fees on tangible personal property under Section 59-2-405, 59-2-405.1, 59-2-405.2,
1081     59-2-405.3, or 72-10-110.5 as a result of the decrease in the certified tax rate under Subsection
1082     (3)(a)(i).
1083          (b) The commission shall determine estimates of sales and use tax distributions for
1084     purposes of Subsection (3)(a).
1085          (4) Beginning January 1, 1998, if a municipality has imposed an additional resort
1086     communities sales and use tax under Section 59-12-402, the municipality's certified tax rate
1087     shall be decreased on a one-time basis by the amount necessary to offset the first 12 months of
1088     estimated revenue from the additional resort communities sales and use tax imposed under
1089     Section 59-12-402.
1090          (5) (a) This Subsection (5) applies to each county that:
1091          (i) establishes a countywide special service district under Title 17D, Chapter 1, Special
1092     Service District Act, to provide jail service, as provided in Subsection 17D-1-201(10); and
1093          (ii) levies a property tax on behalf of the special service district under Section

1094     17D-1-105.
1095          (b) (i) The certified tax rate of each county to which this Subsection (5) applies shall be
1096     decreased by the amount necessary to reduce county revenues by the same amount of revenues
1097     that will be generated by the property tax imposed on behalf of the special service district.
1098          (ii) Each decrease under Subsection (5)(b)(i) shall occur contemporaneously with the
1099     levy on behalf of the special service district under Section 17D-1-105.
1100          (6) (a) As used in this Subsection (6):
1101          (i) "Annexing county" means a county whose unincorporated area is included within a
1102     public safety district by annexation.
1103          (ii) "Annexing municipality" means a municipality whose area is included within a
1104     public safety district by annexation.
1105          (iii) "Equalized public safety protection tax rate" means the tax rate that results from:
1106          (A) calculating, for each participating county and each participating municipality, the
1107     property tax revenue necessary:
1108          (I) in the case of a fire district, to cover all of the costs associated with providing fire
1109     protection, paramedic, and emergency services:
1110          (Aa) for a participating county, in the unincorporated area of the county; and
1111          (Bb) for a participating municipality, in the municipality; or
1112          (II) in the case of a police district, to cover all the costs:
1113          (Aa) associated with providing law enforcement service:
1114          (Ii) for a participating county, in the unincorporated area of the county; and
1115          (IIii) for a participating municipality, in the municipality; and
1116          (Bb) that the police district board designates as the costs to be funded by a property
1117     tax; and
1118          (B) adding all the amounts calculated under Subsection (6)(a)(iii)(A) for all
1119     participating counties and all participating municipalities and then dividing that sum by the
1120     aggregate taxable value of the property, as adjusted in accordance with Section 59-2-913:
1121          (I) for participating counties, in the unincorporated area of all participating counties;

1122     and
1123          (II) for participating municipalities, in all the participating municipalities.
1124          (iv) "Fire district" means a service area under Title 17B, Chapter 2a, Part 9, Service
1125     Area Act:
1126          (A) created to provide fire protection, paramedic, and emergency services; and
1127          (B) in the creation of which an election was not required under Subsection
1128     17B-1-214(3)(d).
1129          (v) "Participating county" means a county whose unincorporated area is included
1130     within a public safety district at the time of the creation of the public safety district.
1131          (vi) "Participating municipality" means a municipality whose area is included within a
1132     public safety district at the time of the creation of the public safety district.
1133          (vii) "Police district" means a service area under Title 17B, Chapter 2a, Part 9, Service
1134     Area Act, within a county of the first class:
1135          (A) created to provide law enforcement service; and
1136          (B) in the creation of which an election was not required under Subsection
1137     17B-1-214(3)(d).
1138          (viii) "Public safety district" means a fire district or a police district.
1139          (ix) "Public safety service" means:
1140          (A) in the case of a public safety district that is a fire district, fire protection,
1141     paramedic, and emergency services; and
1142          (B) in the case of a public safety district that is a police district, law enforcement
1143     service.
1144          (b) In the first year following creation of a public safety district, the certified tax rate of
1145     each participating county and each participating municipality shall be decreased by the amount
1146     of the equalized public safety tax rate.
1147          (c) In the first budget year following annexation to a public safety district, the certified
1148     tax rate of each annexing county and each annexing municipality shall be decreased by an
1149     amount equal to the amount of revenue budgeted by the annexing county or annexing

1150     municipality:
1151          (i) for public safety service; and
1152          (ii) in:
1153          (A) for a taxing entity operating under a January 1 through December 31 fiscal year,
1154     the prior calendar year; or
1155          (B) for a taxing entity operating under a July 1 through June 30 fiscal year, the prior
1156     fiscal year.
1157          (d) Each tax levied under this section by a public safety district shall be considered to
1158     be levied by:
1159          (i) each participating county and each annexing county for purposes of the county's tax
1160     limitation under Section 59-2-908; and
1161          (ii) each participating municipality and each annexing municipality for purposes of the
1162     municipality's tax limitation under Section 10-5-112, for a town, or Section 10-6-133, for a
1163     city.
1164          (e) The calculation of a public safety district's certified tax rate for the year of
1165     annexation shall be adjusted to include an amount of revenue equal to one half of the amount
1166     of revenue budgeted by the annexing entity for public safety service in the annexing entity's
1167     prior fiscal year if:
1168          (i) the public safety district operates on a January 1 through December 31 fiscal year;
1169          (ii) the public safety district approves an annexation of an entity operating on a July 1
1170     through June 30 fiscal year; and
1171          (iii) the annexation described in Subsection (6)(e)(ii) takes effect on July 1.
1172          (7) (a) The base taxable value as defined in Section 17C-1-102 shall be reduced for any
1173     year to the extent necessary to provide a community reinvestment agency established under
1174     Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency
1175     Act, with approximately the same amount of money the agency would have received without a
1176     reduction in the county's certified tax rate, calculated in accordance with Section 59-2-924, if:
1177          (i) in that year there is a decrease in the certified tax rate under Subsection (2) or (3)(a);

1178          (ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
1179     previous year; and
1180          (iii) the decrease results in a reduction of the amount to be paid to the agency under
1181     Section 17C-1-403 or 17C-1-404.
1182          (b) The base taxable value as defined in Section 17C-1-102 shall be increased in any
1183     year to the extent necessary to provide a community reinvestment agency with approximately
1184     the same amount of money as the agency would have received without an increase in the
1185     certified tax rate that year if:
1186          (i) in that year the base taxable value as defined in Section 17C-1-102 is reduced due to
1187     a decrease in the certified tax rate under Subsection (2) or (3)(a); and
1188          (ii) the certified tax rate of a city, school district, local district, or special service
1189     district increases independent of the adjustment to the taxable value of the base year.
1190          (c) Notwithstanding a decrease in the certified tax rate under Subsection (2) or (3)(a),
1191     the amount of money allocated and, when collected, paid each year to a community
1192     reinvestment agency established under Title 17C, Limited Purpose Local Government Entities -
1193     Community Reinvestment Agency Act, for the payment of bonds or other contract
1194     indebtedness, but not for administrative costs, may not be less than that amount would have
1195     been without a decrease in the certified tax rate under Subsection (2) or (3)(a).
1196          (8) (a) For the calendar year beginning on January 1, 2014, the calculation of a county
1197     assessing and collecting levy shall be adjusted by the amount necessary to offset:
1198          (i) any change in the certified tax rate that may result from amendments to Part 16,
1199     Multicounty Assessing and Collecting Levy, in Laws of Utah 2014, Chapter 270, Section 3;
1200     and
1201          (ii) the difference in the amount of revenue a taxing entity receives from or contributes
1202     to the Property Tax Valuation [Agency] Fund, created in Section 59-2-1602, that may result
1203     from amendments to Part 16, Multicounty Assessing and Collecting Levy, in Laws of Utah
1204     2014, Chapter 270, Section 3.
1205          (b) A taxing entity is not required to comply with the notice and public hearing

1206     requirements in Section 59-2-919 for an adjustment to the county assessing and collecting levy
1207     described in Subsection (8)(a).
1208          Section 17. Section 59-2-926 is amended to read:
1209          59-2-926. Proposed tax increase by state -- Notice -- Contents -- Dates.
1210          If the state authorizes a tax rate that exceeds the applicable tax rate described in Section
1211     53F-2-301 or 53F-2-301.5, or authorizes a levy pursuant to Section 59-2-1602 that exceeds the
1212     certified revenue levy as defined in Section 59-2-102, the state shall publish a notice no later
1213     than 10 days after the last day of the annual legislative general session that meets the following
1214     requirements:
1215          (1) (a) The Office of the Legislative Fiscal Analyst shall advertise that the state
1216     authorized a levy that generates revenue in excess of the previous year's ad valorem tax
1217     revenue, plus eligible new growth as defined in Section 59-2-924, but exclusive of revenue
1218     from collections from redemptions, interest, and penalties:
1219          (i) in a newspaper of general circulation in the state; and
1220          (ii) as required in Section 45-1-101.
1221          (b) Except an advertisement published on a website, the advertisement described in
1222     Subsection (1)(a):
1223          (i) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
1224     point, and surrounded by a 1/4-inch border;
1225          (ii) may not be placed in that portion of the newspaper where legal notices and
1226     classified advertisements appear; and
1227          (iii) shall be run once.
1228          (2) The form and content of the notice shall be substantially as follows:
1229     
"NOTICE OF TAX INCREASE

1230          The state has budgeted an increase in its property tax revenue from $__________ to
1231     $__________ or ____%. The increase in property tax revenues will come from the following
1232     sources (include all of the following provisions):
1233          (a) $__________ of the increase will come from (provide an explanation of the cause

1234     of adjustment or increased revenues, such as reappraisals or factoring orders);
1235          (b) $__________ of the increase will come from natural increases in the value of the
1236     tax base due to (explain cause of eligible new growth, such as new building activity,
1237     annexation, etc.); and
1238          (c) a home valued at $100,000 in the state of Utah which based on last year's (levy for
1239     the basic state-supported school program, applicable tax rate for the Property Tax Valuation
1240     [Agency] Fund, or both) paid $____________ in property taxes would pay the following:
1241          (i) $__________ if the state of Utah did not budget an increase in property tax revenue
1242     exclusive of eligible new growth; and
1243          (ii) $__________ under the increased property tax revenues exclusive of eligible new
1244     growth budgeted by the state of Utah."
1245          Section 18. Section 59-2-1601 is amended to read:
1246          59-2-1601. Definitions.
1247          As used in this part:
1248          (1) "County additional property tax" means the property tax levy described in
1249     Subsection 59-2-1602(4).
1250          (2) "Fund" means the Property Tax Valuation [Agency] Fund created in Section
1251     59-2-1602.
1252          (3) "Multicounty Appraisal Trust" means the Multicounty Appraisal Trust created by
1253     an agreement:
1254          (a) entered into by all of the counties in the state; and
1255          (b) authorized by Title 11, Chapter 13, Interlocal Cooperation Act.
1256          (4) "Multicounty assessing and collecting levy" means a property tax levied in
1257     accordance with Subsection 59-2-1602(2).
1258          (5) "Statewide property tax system" means a computer assisted system for mass
1259     appraisal, equalization, collection, distribution, and administration related to property tax,
1260     created in accordance with Section 59-2-1606.
1261          Section 19. Section 59-2-1602 is amended to read:

1262          59-2-1602. Property Tax Valuation Fund -- Statewide levy -- Additional county
1263     levy.
1264          (1) (a) There is created [an agency] a custodial fund known as the "Property Tax
1265     Valuation [Agency] Fund."
1266          (b) The fund consists of:
1267          (i) deposits made and penalties received under Subsection (3); and
1268          (ii) interest on money deposited into the fund.
1269          (c) Deposits, penalties, and interest described in Subsection (1)(b) shall be disbursed
1270     and used as provided in Section 59-2-1603.
1271          (2) (a) Each county shall annually impose a multicounty assessing and collecting levy
1272     as provided in this Subsection (2).
1273          (b) The tax rate of the multicounty assessing and collecting levy is:
1274          (i) for a calendar year beginning on or after January 1, 2020, and before January 1,
1275     2025, .000012; and
1276          (ii) for a calendar year beginning on or after January 1, 2025, the certified revenue levy.
1277          (c) The state treasurer shall allocate revenue collected from the multicounty assessing
1278     and collecting levy as follows:
1279          (i) 18% of the revenue collected shall be deposited into the Property Tax Valuation
1280     [Agency] Fund, up to $500,000 annually; and
1281          (ii) after the deposit described in Subsection (2)(c)(i), all remaining revenue collected
1282     from the multicounty assessing and collecting levy shall be deposited into the Multicounty
1283     Appraisal Trust.
1284          (3) (a) The multicounty assessing and collecting levy imposed under Subsection (2)
1285     shall be separately stated on the tax notice as a multicounty assessing and collecting levy.
1286          (b) The multicounty assessing and collecting levy is:
1287          (i) exempt from Sections 17C-1-403 through 17C-1-406;
1288          (ii) in addition to and exempt from the maximum levies allowable under Section
1289     59-2-908; and

1290          (iii) exempt from the notice and public hearing requirements of Section 59-2-919.
1291          (c) (i) Each county shall transmit quarterly to the state treasurer the revenue collected
1292     from the multicounty assessing and collecting levy.
1293          (ii) The revenue transmitted under Subsection (3)(c)(i) shall be transmitted no later
1294     than the tenth day of the month following the end of the quarter in which the revenue is
1295     collected.
1296          (iii) If revenue transmitted under Subsection (3)(c)(i) is transmitted after the tenth day
1297     of the month following the end of the quarter in which the revenue is collected, the county shall
1298     pay an interest penalty at the rate of 10% each year until the revenue is transmitted.
1299          (d) The state treasurer shall allocate the penalties received under this Subsection (3) in
1300     the same manner as revenue is allocated under Subsection (2)(c).
1301          (4) (a) A county may levy a county additional property tax in accordance with this
1302     Subsection (4).
1303          (b) The county additional property tax:
1304          (i) shall be separately stated on the tax notice as a county assessing and collecting levy;
1305          (ii) may not be incorporated into the rate of any other levy;
1306          (iii) is exempt from Sections 17C-1-403 through 17C-1-406; and
1307          (iv) is in addition to and exempt from the maximum levies allowable under Section
1308     59-2-908.
1309          (c) Revenue collected from the county additional property tax shall be used to:
1310          (i) promote the accurate valuation and uniform assessment levels of property as
1311     required by Section 59-2-103;
1312          (ii) promote the efficient administration of the property tax system, including the costs
1313     of assessment, collection, and distribution of property taxes;
1314          (iii) fund state mandated actions to meet legislative mandates or judicial or
1315     administrative orders that relate to promoting:
1316          (A) the accurate valuation of property; and
1317          (B) the establishment and maintenance of uniform assessment levels within and among

1318     counties; and
1319          (iv) establish reappraisal programs that:
1320          (A) are adopted by a resolution or ordinance of the county legislative body; and
1321          (B) conform to rules the commission makes in accordance with Title 63G, Chapter 3,
1322     Utah Administrative Rulemaking Act.
1323          Section 20. Section 59-2-1603 is amended to read:
1324          59-2-1603. Allocation of money in the Property Tax Valuation Fund -- Use of
1325     funds.
1326          (1) The state auditor shall annually conduct a study of each county of the fourth, fifth,
1327     or sixth class to determine:
1328          (a) the costs of assessing and collecting property taxes;
1329          (b) the ability to generate revenue from an assessing and collecting levy; and
1330          (c) the tax burden of levying a property tax sufficient to cover the costs of assessing
1331     and collecting property taxes.
1332          (2) Subject to Subsection (3), and in accordance with Title 63G, Chapter 3, Utah
1333     Administrative Rulemaking Act, the auditor shall make rules providing for the allocation of
1334     money in the Property Tax Valuation [Agency] Fund.
1335          (3) The rules described in Subsection (2) shall give priority in the allocation of money
1336     in the Property Tax Valuation [Agency] Fund to the counties of the fourth, fifth, or sixth class
1337     that the state auditor determines:
1338          (a) in accordance with the study required by Subsection (1), to have the highest tax
1339     burden; or
1340          (b) to have the greatest need to improve:
1341          (i) the accurate valuation and uniform assessment levels of property as required by
1342     Section 59-2-103; or
1343          (ii) the efficiency of the property tax system.
1344          (4) A county shall use money disbursed from the Property Tax Valuation [Agency]
1345     Fund to:

1346          (a) offset the costs of assessing and collecting property taxes;
1347          (b) improve the accurate valuation and uniform assessment levels of property as
1348     required by Section 59-2-103; or
1349          (c) improve the efficiency of the property tax system.
1350          (5) If money remains in the fund after all allocations have been distributed to receiving
1351     counties in a calendar year, the state auditor shall retain the money in the fund for distribution
1352     the following calendar year.
1353          Section 21. Section 59-10-1312 is amended to read:
1354          59-10-1312. Election Campaign Fund -- Creation -- Funding for account --
1355     Disbursement and distribution -- State treasurer requirement to provide a list of
1356     contributions designated to each political party.
1357          (1) (a) As used in this section, "fund" means the Election Campaign Fund created by
1358     this section.
1359          (b) There is created [an agency] a custodial fund known as the "Election Campaign
1360     Fund."
1361          (c) The fund shall consist of all amounts deposited to the fund in accordance with
1362     Section 59-10-1311.
1363          (2) On or before four months after the due date for filing a return required by this
1364     chapter in which a contribution is made in accordance with Section 59-10-1311, the state
1365     treasurer shall:
1366          (a) disburse that portion of the amounts deposited in the fund since the last
1367     disbursement:
1368          (i) that are designated for a political party; and
1369          (ii) to the political party to which the amounts are designated; and
1370          (b) provide to the political party described in Subsection (2)(a)(ii) a list disclosing, for
1371     each county, the total amount designated by resident or nonresident individuals, other than
1372     nonresident aliens, in that county.
1373          Section 22. Section 63A-3-109 is amended to read:

1374          63A-3-109. Contribution dependent accounts -- Annual report.
1375          (1) As used in this section:
1376          (a) (i) "Contribution" means a voluntary donation of money or other valuable property
1377     to a state fund or account.
1378          (ii) "Contribution" does not include:
1379          (A) a fee or tax levied by a state entity; or
1380          (B) a voluntary donation made under Title 41, Chapter 1a, Motor Vehicle Act or Title
1381     59, Chapter 10, Part 13, Individual Income Tax Contribution Act.
1382          (b) (i) "Contribution dependent account" means a state fund or account that:
1383          (A) receives at least 50% of the fund's or account's revenue from contributions; and
1384          (B) is not intended to be used to directly provide services exclusively to a person who
1385     makes a contribution to the fund or account.
1386          (ii) "Contribution dependent account" does not include a [trust and agency] fiduciary
1387     fund as defined in Section 51-5-4.
1388          (2) The Division of Finance shall annually prepare a report that:
1389          (a) lists each contribution dependent account that did not receive at least $30,000 in
1390     contributions during at least one of the three fiscal years before the day on which the report is
1391     compiled; and
1392          (b) recommends that the Legislature close each contribution dependent account listed
1393     in the report.
1394          (3) The Division of Finance shall present the report described in Subsection (2) to the
1395     Executive Appropriations Committee by November 30 of each year.
1396          Section 23. Section 63A-3-205 is amended to read:
1397          63A-3-205. Revolving loan funds -- Standards and procedures.
1398          (1) As used in this section, "revolving loan fund" means:
1399          (a) the Water Resources Conservation and Development Fund, created in Section
1400     73-10-24;
1401          (b) the Water Resources Construction Fund, created in Section 73-10-8;

1402          (c) the Water Resources Cities Water Loan Fund, created in Section 73-10-22;
1403          (d) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean
1404     Fuels and Vehicle Technology Program Act;
1405          (e) the Water Development Security Fund and its subaccounts, created in Section
1406     73-10c-5;
1407          (f) the Agriculture Resource Development Fund, created in Section 4-18-106;
1408          (g) the Utah Rural Rehabilitation Fund, created in Section 4-19-105;
1409          (h) the Permanent Community Impact Fund, created in Section 35A-8-303;
1410          (i) the Petroleum Storage Tank [Trust] Fund, created in Section 19-6-409;
1411          (j) the Uintah Basin Revitalization Fund, created in Section 35A-8-1602;
1412          (k) the Navajo Revitalization Fund, created in Section 35A-8-1704; and
1413          (l) the Energy Efficiency Fund, created in Section 11-45-201.
1414          (2) The division shall for each revolving loan fund make rules establishing standards
1415     and procedures governing:
1416          (a) payment schedules and due dates;
1417          (b) interest rate effective dates;
1418          (c) loan documentation requirements; and
1419          (d) interest rate calculation requirements.
1420          Section 24. Section 63B-1b-102 is amended to read:
1421          63B-1b-102. Definitions.
1422          As used in this chapter:
1423          (1) "Agency bonds" means any bond, note, contract, or other evidence of indebtedness
1424     representing loans or grants made by an authorizing agency.
1425          (2) "Authorized official" means the state treasurer or other person authorized by a bond
1426     document to perform the required action.
1427          (3) "Authorizing agency" means the board, person, or unit with legal responsibility for
1428     administering and managing revolving loan funds.
1429          (4) "Bond document" means:

1430          (a) a resolution of the commission; or
1431          (b) an indenture or other similar document authorized by the commission that
1432     authorizes and secures outstanding revenue bonds from time to time.
1433          (5) "Commission" means the State Bonding Commission, created in Section
1434     63B-1-201.
1435          (6) "Revenue bonds" means any special fund revenue bonds issued under this chapter.
1436          (7) "Revolving Loan Funds" means:
1437          (a) the Water Resources Conservation and Development Fund, created in Section
1438     73-10-24;
1439          (b) the Water Resources Construction Fund, created in Section 73-10-8;
1440          (c) the Water Resources Cities Water Loan Fund, created in Section 73-10-22;
1441          (d) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean
1442     Fuels and Vehicle Technology Program Act;
1443          (e) the Water Development Security Fund and its subaccounts, created in Section
1444     73-10c-5;
1445          (f) the Agriculture Resource Development Fund, created in Section 4-18-106;
1446          (g) the Utah Rural Rehabilitation Fund, created in Section 4-19-105;
1447          (h) the Permanent Community Impact Fund, created in Section 35A-8-303;
1448          (i) the Petroleum Storage Tank [Trust] Fund, created in Section 19-6-409; and
1449          (j) the State Infrastructure Bank Fund, created in Section 72-2-202.
1450          Section 25. Section 63B-1b-202 is amended to read:
1451          63B-1b-202. Custodial officer -- Powers and duties.
1452          (1) (a) There is created within the Division of Finance an officer responsible for the
1453     care, custody, safekeeping, collection, and accounting of all bonds, notes, contracts, trust
1454     documents, and other evidences of indebtedness:
1455          (i) owned or administered by the state or any of its agencies; and
1456          (ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
1457          (b) Notwithstanding Subsection (1)(a), the officer described in Subsection (1)(a) is not

1458     responsible for the care, custody, safekeeping, collection, and accounting of a bond, note,
1459     contract, trust document, or other evidence of indebtedness relating to the:
1460          (i) Agriculture Resource Development Fund, created in Section 4-18-106;
1461          (ii) Utah Rural Rehabilitation Fund, created in Section 4-19-105;
1462          (iii) Petroleum Storage Tank [Trust] Fund, created in Section 19-6-409;
1463          (iv) Olene Walker Housing Loan Fund, created in Section 35A-8-502; and
1464          (v) Brownfields Fund, created in Section 19-8-120.
1465          (2) (a) Each authorizing agency shall deliver to this officer for the officer's care,
1466     custody, safekeeping, collection, and accounting all bonds, notes, contracts, trust documents,
1467     and other evidences of indebtedness:
1468          (i) owned or administered by the state or any of its agencies; and
1469          (ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
1470          (b) This officer shall:
1471          (i) establish systems, programs, and facilities for the care, custody, safekeeping,
1472     collection, and accounting for the bonds, notes, contracts, trust documents, and other evidences
1473     of indebtedness submitted to the officer under this Subsection (2); and
1474          (ii) shall make available updated reports to each authorizing agency as to the status of
1475     loans under their authority.
1476          (3) The officer described in Section 63B-1b-201 shall deliver to the officer described in
1477     Subsection (1)(a) for the care, custody, safekeeping, collection, and accounting by the officer
1478     described in Subsection (1)(a) of all bonds, notes, contracts, trust documents, and other
1479     evidences of indebtedness closed as provided in Subsection 63B-1b-201(2)(b).
1480          Section 26. Section 63C-4a-308 is amended to read:
1481          63C-4a-308. Commission duties with regards to federal lands.
1482          The commission shall:
1483          (1) review and make recommendations on the transfer of federally controlled public
1484     lands to the state;
1485          (2) review and make recommendations regarding the state's sovereign right to protect

1486     the health, safety, and welfare of its citizens as it relates to public lands, including
1487     recommendations concerning the use of funds in the account created in Section 63C-4a-404;
1488          (3) study and evaluate the recommendations of the public lands transfer study and
1489     economic analysis conducted by the Public Lands Policy Coordinating Office in accordance
1490     with Section 63L-11-304;
1491          (4) coordinate with and report on the efforts of the executive branch, the counties and
1492     political subdivisions of the state, the state congressional delegation, western governors, other
1493     states, and other stakeholders concerning the transfer of federally controlled public lands to the
1494     state including convening working groups, such as a working group composed of members of
1495     the Utah Association of Counties;
1496          (5) study and make recommendations regarding the appropriate designation of public
1497     lands transferred to the state, including stewardship of the land and appropriate uses of the
1498     land;
1499          (6) study and make recommendations regarding the use of funds received by the state
1500     from the public lands transferred to the state; and
1501          (7) receive reports from and make recommendations to the attorney general, the
1502     Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the
1503     transfer of public lands to the state, regarding:
1504          (a) preparation for potential litigation;
1505          (b) selection of outside legal counsel;
1506          (c) ongoing legal strategy for the transfer of public lands; and
1507          (d) use of money[: (i)] appropriated by the Legislature for the purpose of securing the
1508     transfer of public lands to the state under Section 63C-4a-404[; and].
1509          [(ii) disbursed from the Public Lands Litigation Expendable Special Revenue Fund
1510     created in Section 63C-4a-405.]
1511          Section 27. Section 63I-1-226 is amended to read:
1512          63I-1-226. Repeal dates, Title 26.
1513          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory

1514     Committee, is repealed July 1, 2024.
1515          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
1516     July 1, 2025.
1517          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
1518     1, 2025.
1519          (4) Section 26-1-40 is repealed July 1, 2022.
1520          (5) Section 26-1-41 is repealed July 1, 2026.
1521          (6) Section 26-7-10 is repealed July 1, 2025.
1522          (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
1523     2028.
1524          (8) Section 26-7-14 is repealed December 31, 2027.
1525          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1526     1, 2025.
1527          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
1528     is repealed July 1, 2026.
1529          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
1530     July 1, 2025.
1531          (12) Subsection 26-15c-104(3), relating to a limitation on the number of
1532     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
1533          (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
1534     repealed July 1, 2028.
1535          (14) Section 26-18-27 is repealed July 1, 2025.
1536          (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
1537     2027.
1538          (16) Subsection 26-18-418(2), the language that states "and the Behavioral Health
1539     Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
1540          (17) Section 26-33a-117 is repealed on December 31, 2023.
1541          (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.

1542          (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
1543     2024.
1544          (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
1545     July 1, 2024.
1546          (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
1547          (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
1548     Committee, is repealed July 1, 2024.
1549          (23) Section 26-40-104, which creates the Utah Children's Health Insurance Program
1550     Advisory Council, is repealed July 1, 2025.
1551          (24) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
1552     Committee, is repealed July 1, 2025.
1553          (25) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
1554     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
1555          [(26) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
1556     July 1, 2026.]
1557          [(27)] (26) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
1558     July 1, 2026.
1559          [(28)] (27) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
1560     1, 2024.
1561          Section 28. Section 63J-1-601 is amended to read:
1562          63J-1-601. End of fiscal year -- Unexpended balances -- Funds not to be closed
1563     out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
1564     accounts and funds -- Institutions of higher education to report unexpended balances.
1565          (1) As used in this section:
1566          (a) "Education grant subrecipient" means a nonfederal entity that:
1567          (i) receives a subaward from the State Board of Education to carry out at least part of a
1568     federal or state grant program; and
1569          (ii) does not include an individual who is a beneficiary of the federal or state grant

1570     program.
1571          (b) "Transaction control number" means the unique numerical identifier established by
1572     the Department of Health to track each medical claim and indicates the date on which the claim
1573     is entered.
1574          (2) On or before August 31 of each fiscal year, the director of the Division of Finance
1575     shall close out to the proper fund or account all remaining unexpended and unencumbered
1576     balances of appropriations made by the Legislature, except:
1577          (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
1578          (i) enterprise funds;
1579          (ii) internal service funds;
1580          (iii) [trust and agency] fiduciary funds;
1581          (iv) capital projects funds;
1582          (v) discrete component unit funds;
1583          (vi) debt service funds; and
1584          (vii) permanent funds;
1585          (b) those appropriations from a fund or account or appropriations to a program that are
1586     designated as nonlapsing under Section 63J-1-602.1 or 63J-1-602.2;
1587          (c) expendable special revenue funds, unless specifically directed to close out the fund
1588     in the fund's enabling legislation;
1589          (d) acquisition and development funds appropriated to the Division of State Parks or
1590     the Division of Recreation;
1591          (e) funds encumbered to pay purchase orders issued prior to May 1 for capital
1592     equipment if delivery is expected before June 30; and
1593          (f) unexpended and unencumbered balances of appropriations that meet the
1594     requirements of Section 63J-1-603.
1595          (3) (a) Liabilities and related expenses for goods and services received on or before
1596     June 30 shall be recognized as expenses due and payable from appropriations made prior to
1597     June 30.

1598          (b) The liability and related expense shall be recognized within time periods
1599     established by the Division of Finance but shall be recognized not later than August 31.
1600          (c) Liabilities and expenses not so recognized may be paid from regular departmental
1601     appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
1602     unencumbered balances of appropriations for the years in which the obligation was incurred.
1603          (d) No amounts may be transferred from an item of appropriation of any department,
1604     institution, or agency into the Capital Projects Fund or any other fund without the prior express
1605     approval of the Legislature.
1606          (4) (a) For purposes of this chapter, a claim processed under the authority of Title 26,
1607     Chapter 18, Medical Assistance Act:
1608          (i) is not a liability or an expense to the state for budgetary purposes, unless the
1609     Division of Health Care Financing receives the claim within the time periods established by the
1610     Division of Finance under Subsection (3)(b); and
1611          (ii) is not subject to Subsection (3)(c).
1612          (b) The transaction control number that the Division of Health Care Financing records
1613     on each claim invoice is the date of receipt.
1614          (5) (a) For purposes of this chapter, a claim processed in accordance with Title 35A,
1615     Chapter 13, Utah State Office of Rehabilitation Act:
1616          (i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
1617     State Office of Rehabilitation receives the claim within the time periods established by the
1618     Division of Finance under Subsection (3)(b); and
1619          (ii) is not subject to Subsection (3)(c).
1620          (b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
1621     date on which the Utah State Office of Rehabilitation receives the claim invoice.
1622          (ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this
1623     section.
1624          (6) (a) For purposes of this chapter, a reimbursement request received from an
1625     education grant subrecipient:

1626          (i) is not a liability or expense to the state for budgetary purposes, unless the State
1627     Board of Education receives the claim within the time periods described in Subsection (3)(b);
1628     and
1629          (ii) is not subject to Subsection (3)(c).
1630          (b) The transaction control number that the State Board of Education records on a
1631     claim invoice is the date of receipt.
1632          (7) Any balance from an appropriation to a state institution of higher education that
1633     remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
1634     the September 1 following the close of the fiscal year.
1635          Section 29. Section 63J-1-602.1 is amended to read:
1636          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
1637          Appropriations made from the following accounts or funds are nonlapsing:
1638          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
1639     and Leadership Restricted Account created in Section 4-42-102.
1640          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
1641          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
1642     Section 9-18-102.
1643          (4) The National Professional Men's Soccer Team Support of Building Communities
1644     Restricted Account created in Section 9-19-102.
1645          (5) Funds collected for directing and administering the C-PACE district created in
1646     Section 11-42a-106.
1647          (6) Money received by the Utah Inland Port Authority, as provided in Section
1648     11-58-105.
1649          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
1650          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
1651          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
1652     Section 19-2a-106.
1653          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in

1654     Section 19-5-126.
1655          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
1656     Section 23-14-13.5.
1657          (12) Award money under the State Asset Forfeiture Grant Program, as provided under
1658     Section 24-4-117.
1659          (13) Funds collected from the program fund for local health department expenses
1660     incurred in responding to a local health emergency under Section 26-1-38.
1661          (14) The Children with Cancer Support Restricted Account created in Section
1662     26-21a-304.
1663          (15) State funds for matching federal funds in the Children's Health Insurance Program
1664     as provided in Section 26-40-108.
1665          (16) The Children with Heart Disease Support Restricted Account created in Section
1666     26-58-102.
1667          [(17) The Nurse Home Visiting Restricted Account created in Section 26-63-601.]
1668          [(18)] (17) The Technology Development Restricted Account created in Section
1669     31A-3-104.
1670          [(19)] (18) The Criminal Background Check Restricted Account created in Section
1671     31A-3-105.
1672          [(20)] (19) The Captive Insurance Restricted Account created in Section 31A-3-304,
1673     except to the extent that Section 31A-3-304 makes the money received under that section free
1674     revenue.
1675          [(21)] (20) The Title Licensee Enforcement Restricted Account created in Section
1676     31A-23a-415.
1677          [(22)] (21) The Health Insurance Actuarial Review Restricted Account created in
1678     Section 31A-30-115.
1679          [(23)] (22) The Insurance Fraud Investigation Restricted Account created in Section
1680     31A-31-108.
1681          [(24)] (23) The Underage Drinking Prevention Media and Education Campaign

1682     Restricted Account created in Section 32B-2-306.
1683          [(25)] (24) The School Readiness Restricted Account created in Section 35A-15-203.
1684          [(26)] (25) Money received by the Utah State Office of Rehabilitation for the sale of
1685     certain products or services, as provided in Section 35A-13-202.
1686          [(27)] (26) The Oil and Gas Administrative Penalties Account created in Section
1687     40-6-11.
1688          [(28)] (27) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1689          [(29)] (28) The Division of Oil, Gas, and Mining Restricted account created in Section
1690     40-6-23.
1691          [(30)] (29) The Electronic Payment Fee Restricted Account created by Section
1692     41-1a-121 to the Motor Vehicle Division.
1693          [(31)] (30) The Motor Vehicle Enforcement Division Temporary Permit Restricted
1694     Account created by Section 41-3-110 to the State Tax Commission.
1695          [(32)] (31) The Utah Law Enforcement Memorial Support Restricted Account created
1696     in Section 53-1-120.
1697          [(33)] (32) The State Disaster Recovery Restricted Account to the Division of
1698     Emergency Management, as provided in Section 53-2a-603.
1699          [(34)] (33) The Department of Public Safety Restricted Account to the Department of
1700     Public Safety, as provided in Section 53-3-106.
1701          [(35)] (34) The Utah Highway Patrol Aero Bureau Restricted Account created in
1702     Section 53-8-303.
1703          [(36)] (35) The DNA Specimen Restricted Account created in Section 53-10-407.
1704          [(37)] (36) The Canine Body Armor Restricted Account created in Section 53-16-201.
1705          [(38)] (37) The Technical Colleges Capital Projects Fund created in Section
1706     53B-2a-118.
1707          [(39)] (38) The Higher Education Capital Projects Fund created in Section
1708     53B-22-202.
1709          [(40)] (39) A certain portion of money collected for administrative costs under the

1710     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1711          [(41)] (40) The Public Utility Regulatory Restricted Account created in Section
1712     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
1713          [(42)] (41) Funds collected from a surcharge fee to provide certain licensees with
1714     access to an electronic reference library, as provided in Section 58-3a-105.
1715          [(43)] (42) Certain fines collected by the Division of Occupational and Professional
1716     Licensing for violation of unlawful or unprofessional conduct that are used for education and
1717     enforcement purposes, as provided in Section 58-17b-505.
1718          [(44)] (43) Funds collected from a surcharge fee to provide certain licensees with
1719     access to an electronic reference library, as provided in Section 58-22-104.
1720          [(45)] (44) Funds collected from a surcharge fee to provide certain licensees with
1721     access to an electronic reference library, as provided in Section 58-55-106.
1722          [(46)] (45) Funds collected from a surcharge fee to provide certain licensees with
1723     access to an electronic reference library, as provided in Section 58-56-3.5.
1724          [(47)] (46) Certain fines collected by the Division of Occupational and Professional
1725     Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
1726     provided in Section 58-63-103.
1727          [(48)] (47) The Relative Value Study Restricted Account created in Section 59-9-105.
1728          [(49)] (48) The Cigarette Tax Restricted Account created in Section 59-14-204.
1729          [(50)] (49) Funds paid to the Division of Real Estate for the cost of a criminal
1730     background check for a mortgage loan license, as provided in Section 61-2c-202.
1731          [(51)] (50) Funds paid to the Division of Real Estate for the cost of a criminal
1732     background check for principal broker, associate broker, and sales agent licenses, as provided
1733     in Section 61-2f-204.
1734          [(52)] (51) Certain funds donated to the Department of Human Services, as provided in
1735     Section 62A-1-111.
1736          [(53)] (52) The National Professional Men's Basketball Team Support of Women and
1737     Children Issues Restricted Account created in Section 62A-1-202.

1738          [(54)] (53) Certain funds donated to the Division of Child and Family Services, as
1739     provided in Section 62A-4a-110.
1740          [(55)] (54) The Choose Life Adoption Support Restricted Account created in Section
1741     62A-4a-608.
1742          [(56)] (55) Funds collected by the Office of Administrative Rules for publishing, as
1743     provided in Section 63G-3-402.
1744          [(57)] (56) The Immigration Act Restricted Account created in Section 63G-12-103.
1745          [(58)] (57) Money received by the military installation development authority, as
1746     provided in Section 63H-1-504.
1747          [(59)] (58) The Computer Aided Dispatch Restricted Account created in Section
1748     63H-7a-303.
1749          [(60)] (59) The Unified Statewide 911 Emergency Service Account created in Section
1750     63H-7a-304.
1751          [(61)] (60) The Utah Statewide Radio System Restricted Account created in Section
1752     63H-7a-403.
1753          [(62)] (61) The Utah Capital Investment Restricted Account created in Section
1754     63N-6-204.
1755          [(63)] (62) The Motion Picture Incentive Account created in Section 63N-8-103.
1756          [(64)] (63) Certain money payable for expenses of the Pete Suazo Utah Athletic
1757     Commission, as provided under Section 63N-10-301.
1758          [(65)] (64) Funds collected by the housing of state probationary inmates or state parole
1759     inmates, as provided in Subsection 64-13e-104(2).
1760          [(66)] (65) Certain forestry and fire control funds utilized by the Division of Forestry,
1761     Fire, and State Lands, as provided in Section 65A-8-103.
1762          [(67) The Transportation of Veterans to Memorials Support Restricted Account created
1763     in Section 71-14-102.]
1764          [(68)] (66) The Amusement Ride Safety Restricted Account, as provided in Section
1765     72-16-204.

1766          [(69)] (67) Certain funds received by the Office of the State Engineer for well drilling
1767     fines or bonds, as provided in Section 73-3-25.
1768          [(70)] (68) The Water Resources Conservation and Development Fund, as provided in
1769     Section 73-23-2.
1770          [(71)] (69) Funds donated or paid to a juvenile court by private sources, as provided in
1771     Subsection 78A-6-203(1)(c).
1772          [(72)] (70) Fees for certificate of admission created under Section 78A-9-102.
1773          [(73)] (71) Funds collected for adoption document access as provided in Sections
1774     78B-6-141, 78B-6-144, and 78B-6-144.5.
1775          [(74)] (72) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
1776     Part 4, Utah Indigent Defense Commission.
1777          [(75)] (73) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
1778     created in Section 79-3-403.
1779          [(76)] (74) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
1780     State Park, and Green River State Park, as provided under Section 79-4-403.
1781          [(77)] (75) Certain funds received by the Division of State Parks from the sale or
1782     disposal of buffalo, as provided under Section 79-4-1001.
1783          [(78)] (76) The Drinking While Pregnant Prevention Media and Education Campaign
1784     Restricted Account created in Section 32B-2-308.
1785          Section 30. Section 63J-2-102 is amended to read:
1786          63J-2-102. Definitions.
1787          As used in this chapter:
1788          (1) (a) "Agency" means each department, commission, board, council, agency,
1789     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
1790     unit, bureau, panel, or other administrative unit of the state.
1791          (b) "Agency" does not include the legislative branch, the Utah Board of Higher
1792     Education, the Utah Higher Education Assistance Authority, the board of trustees of each
1793     higher education institution, each higher education institution and its associated branches,

1794     centers, divisions, institutes, foundations, hospitals, colleges, schools, or departments, a public
1795     education entity, or an independent agency.
1796          (2) "Dedicated credits" means the same as that term is defined in Section 63J-1-102.
1797          (3) "Fees" means revenue collected by an agency for performing a service or providing
1798     a function that the agency deposits or accounts for as dedicated credits.
1799          (4) (a) "Governmental fund" means funds used to account for the acquisition, use, and
1800     balances of expendable financial resources and related liabilities using a measurement focus
1801     that emphasizes the flow of financial resources.
1802          (b) "Governmental fund" does not include internal service funds, enterprise funds,
1803     capital projects funds, debt service funds, or [trust and agency] fiduciary funds as established in
1804     Section 51-5-4.
1805          (5) "Independent agency" means the Utah State Retirement Office and the Utah
1806     Housing Corporation.
1807          (6) "Program" means the same as that term is defined in Section 63J-1-102.
1808          (7) "Revenue types" means the categories established by the Division of Finance under
1809     the authority of this chapter that classify revenue according to the purpose for which it is
1810     collected.
1811          Section 31. Section 63J-7-102 is amended to read:
1812          63J-7-102. Scope and applicability of chapter.
1813          (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
1814     superseding provisions of this chapter by explicit reference to this chapter, the provisions of
1815     this chapter apply to each agency and govern each grant received on or after May 5, 2008.
1816          (2) This chapter does not govern:
1817          (a) a grant deposited into a General Fund restricted account;
1818          (b) a grant deposited into a [Trust and Agency] Fiduciary Fund as defined in Section
1819     51-5-4;
1820          (c) a grant deposited into an Enterprise Fund as defined in Section 51-5-4;
1821          (d) a grant made to the state without a restriction or other designated purpose that is

1822     deposited into the General Fund as free revenue;
1823          (e) a grant made to the state that is restricted only to "education" and that is deposited
1824     into the Education Fund or Uniform School Fund as free revenue;
1825          (f) in-kind donations;
1826          (g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
1827     when required by state law or application of state law;
1828          (h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
1829     Contribution Act;
1830          (i) a grant received by an agency from another agency or political subdivision;
1831          (j) a grant to the Utah Dairy Commission created in Section 4-22-103;
1832          (k) a grant to the Heber Valley Historic Railroad Authority created in Section
1833     63H-4-102;
1834          (l) a grant to the Utah State Railroad Museum Authority created in Section 63H-5-102;
1835          (m) a grant to the Utah Housing Corporation created in Section 63H-8-201;
1836          (n) a grant to the Utah State Fair Corporation created in Section 63H-6-103;
1837          (o) a grant to the Utah State Retirement Office created in Section 49-11-201;
1838          (p) a grant to the School and Institutional Trust Lands Administration created in
1839     Section 53C-1-201;
1840          (q) a grant to the Utah Communications Authority created in Section 63H-7a-201;
1841          (r) a grant to the Medical Education Program created in Section 53B-24-202;
1842          (s) a grant to the Utah Capital Investment Corporation created in Section 63N-6-301;
1843          (t) a grant to the Utah Charter School Finance Authority created in Section 53G-5-602;
1844          (u) a grant to the State Building Ownership Authority created in Section 63B-1-304; or
1845          (v) a grant to the Military Installation Development Authority created in Section
1846     63H-1-201.
1847          (3) An agency need not seek legislative review or approval of grants under Part 2,
1848     Grant Approval Requirements, if:
1849          (a) the governor has declared a state of emergency; and

1850          (b) the grant is donated to the agency to assist victims of the state of emergency under
1851     Subsection 53-2a-204(1).
1852          Section 32. Section 67-4a-801 is amended to read:
1853          67-4a-801. Unclaimed Property Fund -- Deposit of funds by administrator.
1854          (1) (a) There is created a [private-purpose trust] custodial fund entitled the "Unclaimed
1855     Property [Trust] Fund."
1856          (b) Except as otherwise provided in this section, the administrator shall deposit all
1857     funds received under this chapter, including proceeds from the sale of property under Part 7,
1858     Sale of Property by Administrator, in the fund.
1859          (c) The fund shall earn interest.
1860          (2) The administrator shall:
1861          (a) pay any legitimate claims or deductions authorized by this chapter from the fund;
1862          (b) before the end of the fiscal year, estimate the amount of money from the fund that
1863     will ultimately be needed to be paid to claimants; and
1864          (c) at the end of the fiscal year, transfer any amount in excess of that amount to the
1865     Uniform School Fund, except that unclaimed restitution for crime victims shall be transferred
1866     to the Crime Victim Reparations Fund.
1867          (3) Before making any transfer to the Uniform School Fund, the administrator may
1868     deduct from the fund:
1869          (a) amounts appropriated by the Legislature for administration of this chapter;
1870          (b) any costs incurred in connection with the sale of abandoned property;
1871          (c) costs of mailing and publication in connection with any abandoned property;
1872          (d) reasonable service charges; and
1873          (e) costs incurred in examining records of holders of property and in collecting the
1874     property from those holders.
1875          Section 33. Section 78B-22-102 is amended to read:
1876          78B-22-102. Definitions.
1877          As used in this chapter:

1878          (1) "Account" means the Indigent Defense Resources Restricted Account created in
1879     Section 78B-22-405.
1880          (2) "Board" means the Indigent Defense Funds Board created in Section 78B-22-501.
1881          (3) "Commission" means the Utah Indigent Defense Commission created in Section
1882     78B-22-401.
1883          (4) "Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse,
1884     Neglect, and Dependency Proceedings, or Chapter 4, Termination or Restoration of Parental
1885     Rights.
1886          (5) "Executive Director" means the executive director of the Office of Indigent Defense
1887     Services, created in Section 78B-22-451, who is appointed in accordance with Section
1888     78B-22-453.
1889          (6) (a) "Indigent defense resources" means the resources necessary to provide an
1890     effective defense for an indigent individual, including the costs for a competent investigator,
1891     expert witness, scientific or medical testing, transcripts, and printing briefs.
1892          (b) "Indigent defense resources" does not include an indigent defense service provider.
1893          (7) "Indigent defense service provider" means an attorney or entity appointed to
1894     represent an indigent individual pursuant to:
1895          (a) a contract with an indigent defense system to provide indigent defense services; or
1896          (b) an order issued by the court under Subsection 78B-22-203(2)(a).
1897          (8) "Indigent defense services" means:
1898          (a) the representation of an indigent individual by an indigent defense service provider;
1899     and
1900          (b) the provision of indigent defense resources for an indigent individual.
1901          (9) "Indigent defense system" means:
1902          (a) a city or town that is responsible for providing indigent defense services;
1903          (b) a county that is responsible for providing indigent defense services in the district
1904     court, juvenile court, and the county's justice courts; or
1905          (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation

1906     Act, that is responsible for providing indigent defense services according to the terms of an
1907     agreement between a county, city, or town.
1908          (10) "Indigent individual" means:
1909          (a) a minor who is:
1910          (i) arrested and admitted into detention for an offense under Section 78A-6-103;
1911          (ii) charged by petition or information in the juvenile or district court; or
1912          (iii) described in this Subsection (9)(a), who is appealing an adjudication or other final
1913     court action; and
1914          (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to
1915     Section 78B-22-202.
1916          (11) "Minor" means the same as that term is defined in Section 80-1-102.
1917          (12) "Office" means the Office of Indigent Defense Services created in Section
1918     78B-22-451.
1919          (13) "Participating county" means a county that complies with this chapter for
1920     participation in the Indigent Aggravated Murder Defense [Trust] Fund as provided in Sections
1921     78B-22-702 and 78B-22-703.
1922          Section 34. Section 78B-22-404 is amended to read:
1923          78B-22-404. Powers and duties of the commission.
1924          (1) The commission shall:
1925          (a) adopt core principles for an indigent defense system to ensure the effective
1926     representation of indigent individuals consistent with the requirements of the United States
1927     Constitution, the Utah Constitution, and the Utah Code, which principles at a minimum shall
1928     address the following:
1929          (i) an indigent defense system shall ensure that in providing indigent defense services:
1930          (A) an indigent individual receives conflict-free indigent defense services; and
1931          (B) there is a separate contract for each type of indigent defense service; and
1932          (ii) an indigent defense system shall ensure an indigent defense service provider has:
1933          (A) the ability to exercise independent judgment without fear of retaliation and is free

1934     to represent an indigent individual based on the indigent defense service provider's own
1935     independent judgment;
1936          (B) adequate access to indigent defense resources;
1937          (C) the ability to provide representation to accused individuals in criminal cases at the
1938     critical stages of proceedings, and at all stages to indigent individuals in juvenile delinquency
1939     and child welfare proceedings;
1940          (D) a workload that allows for sufficient time to meet with clients, investigate cases,
1941     file appropriate documents with the courts, and otherwise provide effective assistance of
1942     counsel to each client;
1943          (E) adequate compensation without financial disincentives;
1944          (F) appropriate experience or training in the area for which the indigent defense service
1945     provider is representing indigent individuals;
1946          (G) compensation for legal training and education in the areas of the law relevant to the
1947     types of cases for which the indigent defense service provider is representing indigent
1948     individuals; and
1949          (H) the ability to meet the obligations of the Utah Rules of Professional Conduct,
1950     including expectations on client communications and managing conflicts of interest;
1951          (b) encourage and aid indigent defense systems in the state in the regionalization of
1952     indigent defense services to provide for effective and efficient representation to the indigent
1953     individuals;
1954          (c) emphasize the importance of ensuring constitutionally effective indigent defense
1955     services;
1956          (d) encourage members of the judiciary to provide input regarding the delivery of
1957     indigent defense services; and
1958          (e) oversee individuals and entities involved in providing indigent defense services.
1959          (2) The commission may:
1960          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1961     Rulemaking Act, to carry out the commission's duties under this part;

1962          (b) assign duties related to indigent defense services to the office to assist the
1963     commission with the commission's statutory duties;
1964          (c) request supplemental appropriations from the Legislature to address a deficit in the
1965     Indigent Inmate [Trust] Fund created in Section 78B-22-455; and
1966          (d) request supplemental appropriations from the Legislature to address a deficit in the
1967     Child Welfare Parental Representation Fund created in Section 78B-22-804.
1968          Section 35. Section 78B-22-454 is amended to read:
1969          78B-22-454. Defense of indigent inmates.
1970          (1) The office shall pay for indigent defense services for indigent inmates from the
1971     Indigent Inmate [Trust] Fund created in Section 78B-22-455.
1972          (2) A contract under this part shall ensure that indigent defense services are provided in
1973     a manner consistent with the core principles described in Section 78B-22-404.
1974          (3) The county attorney or district attorney of a county of the third, fourth, fifth, or
1975     sixth class shall function as the prosecuting entity.
1976          (4) (a) A county of the third, fourth, fifth, or sixth class where a state prison is located
1977     may impose an additional property tax levy by ordinance at .0001 per dollar of taxable value in
1978     the county.
1979          (b) If the county governing body imposes the additional property tax levy by ordinance,
1980     the revenue shall be deposited into the Indigent Inmate [Trust] Fund as provided in Section
1981     78B-22-455 to fund the purposes of this part.
1982          (c) Upon notification that the fund has reached the amount specified in Subsection
1983     78B-22-455(6), a county shall deposit revenue derived from the property tax levy after the
1984     county receives the notice into a county account used exclusively to provide indigent defense
1985     services.
1986          (d) A county that chooses not to impose the additional levy by ordinance may not
1987     receive any benefit from the Indigent Inmate [Trust] Fund.
1988          Section 36. Section 78B-22-455 is amended to read:
1989          78B-22-455. Indigent Inmate Fund.

1990          (1) There is created a [private-purpose trust] custodial fund known as the "Indigent
1991     Inmate [Trust] Fund" to be disbursed by the office in accordance with contracts entered into
1992     under Subsection 78B-22-452(1)(g).
1993          (2) Money deposited into this [trust] fund shall only be used:
1994          (a) to pay indigent defense services for an indigent inmate who:
1995          (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth
1996     class as defined in Section 17-50-501;
1997          (ii) is charged with having committed a crime within that state prison; and
1998          (iii) has been appointed counsel in accordance with Section 78B-22-203; and
1999          (b) to cover costs of administering the Indigent Inmate [Trust] Fund.
2000          (3) The [trust] fund consists of:
2001          (a) proceeds received from counties that impose the additional tax levy by ordinance
2002     under Subsection 78B-22-454(4), which shall be the total county obligation for payment of
2003     costs listed in Subsection (2) for defense services for indigent inmates;
2004          (b) appropriations made to the fund by the Legislature; and
2005          (c) interest and earnings from the investment of fund money.
2006          (4) Fund money shall be invested by the state treasurer with the earnings and interest
2007     accruing to the fund.
2008          (5) (a) In any calendar year in which the fund has insufficient funding, or is projected
2009     to have insufficient funding, the commission shall request a supplemental appropriation from
2010     the Legislature in the following general session to provide sufficient funding.
2011          (b) The state shall pay any or all of the reasonable and necessary money to provide
2012     sufficient funding into the Indigent Inmate [Trust] Fund.
2013          (6) The fund is capped at $1,000,000.
2014          (7) The office shall notify the contributing counties when the fund approaches
2015     $1,000,000 and provide each county with the amount of the balance in the fund.
2016          (8) Upon notification by the office that the fund is near the limit imposed in Subsection
2017     (6), the counties may contribute enough money to enable the fund to reach $1,000,000 and

2018     discontinue contributions until notified by the office that the balance has fallen below
2019     $1,000,000, at which time counties that meet the requirements of Section 78B-22-454 shall
2020     resume contributions.
2021          Section 37. Section 78B-22-501 is amended to read:
2022          78B-22-501. Indigent Defense Funds Board -- Members -- Administrative
2023     support.
2024          (1) As used in this part, "fund" means the Indigent Aggravated Murder Defense [Trust]
2025     Fund created in Section 78B-22-701.
2026          (2) There is created the Indigent Defense Funds Board within the Division of Finance.
2027          (3) The board is composed of the following nine members:
2028          (a) two members who are current commissioners or county executives of participating
2029     counties appointed by the board of directors of the Utah Association of Counties;
2030          (b) one member at large appointed by the board of directors of the Utah Association of
2031     Counties;
2032          (c) two members who are current county attorneys of participating counties appointed
2033     by the Utah Prosecution Council;
2034          (d) the director of the Division of Finance or the director's designee;
2035          (e) one member appointed by the Administrative Office of the Courts; and
2036          (f) two members who are private attorneys engaged in or familiar with the criminal
2037     defense practice appointed by the members of the board listed in Subsections (3)(a) through
2038     (e).
2039          (4) Members appointed under Subsection (3)(a), (b), (c), or (f) shall serve four-year
2040     terms.
2041          (5) A vacancy is created if a member appointed under:
2042          (a) Subsection (3)(a) no longer serves as a county commissioner or county executive;
2043     or
2044          (b) Subsection (3)(c) no longer serves as a county attorney.
2045          (6) If a vacancy occurs in the membership for any reason, a replacement shall be

2046     appointed for the remaining unexpired term in the same manner as the original appointment.
2047          (7) The Division of Finance may provide administrative support and may seek payment
2048     for the costs or the board may contract for administrative support to be paid from the fund.
2049          (8) A member may not receive compensation or benefits for the member's service, but
2050     may receive per diem and travel expenses in accordance with:
2051          (a) Section 63A-3-106;
2052          (b) Section 63A-3-107; and
2053          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2054     63A-3-107.
2055          (9) The fund shall pay per diem and expenses for board members.
2056          (10) Five members shall constitute a quorum and, if a quorum is present, the action of
2057     a majority of the members present shall constitute the action of the board.
2058          Section 38. Section 78B-22-701 is amended to read:
2059     
Part 7. Indigent Aggravated Murder Defense Fund

2060          78B-22-701. Establishment of Indigent Aggravated Murder Defense Fund -- Use
2061     of fund -- Compensation for indigent legal defense from fund.
2062          (1) For purposes of this part, "fund" means the Indigent Aggravated Murder Defense
2063     [Trust] Fund.
2064          (2) (a) There is established a [private-purpose trust] custodial fund known as the
2065     "Indigent Aggravated Murder Defense [Trust] Fund."
2066          (b) The Division of Finance shall disburse money from the fund at the direction of the
2067     board and subject to this chapter.
2068          (3) The fund consists of:
2069          (a) money received from participating counties as provided in Sections 78B-22-702
2070     and 78B-22-703;
2071          (b) appropriations made to the fund by the Legislature as provided in Section
2072     78B-22-703; and
2073          (c) interest and earnings from the investment of fund money.

2074          (4) The state treasurer shall invest fund money with the earnings and interest accruing
2075     to the fund.
2076          (5) The fund shall be used to assist participating counties with financial resources, as
2077     provided in Subsection (6), to fulfill their constitutional and statutory mandates for the
2078     provision of an adequate defense for indigent individuals prosecuted for the violation of state
2079     laws in cases involving aggravated murder.
2080          (6) Money allocated to or deposited in this fund shall be used only:
2081          (a) to reimburse participating counties for expenditures made for an attorney appointed
2082     to represent an indigent individual, other than a state inmate in a state prison, prosecuted for
2083     aggravated murder in a participating county; and
2084          (b) for administrative costs pursuant to Section 78B-22-501.
2085          Section 39. Repealer.
2086          This bill repeals:
2087          Section 26-63-101, Title.
2088          Section 26-63-102, Definitions.
2089          Section 26-63-201, Creation.
2090          Section 26-63-202, Department duties.
2091          Section 26-63-203, Nurse home visiting program.
2092          Section 26-63-204, Service providers.
2093          Section 26-63-301, Pay-for-success contract -- Success payments -- Outcome
2094     measures.
2095          Section 26-63-302, Performance outcome measures.
2096          Section 26-63-303, Independent evaluator.
2097          Section 26-63-401, Pilot phase.
2098          Section 26-63-402, Implementation phase.
2099          Section 26-63-403, Study and expansion phase.
2100          Section 26-63-501, Reporting requirement.
2101          Section 26-63-502, Medicaid waiver.

2102          Section 26-63-503, Limited liability.
2103          Section 26-63-504, Repeal date.
2104          Section 26-63-601, Nurse Home Visiting Restricted Account.
2105          Section 62A-1-119, Respite Care Assistance Fund -- Use of money -- Restrictions.
2106          Section 63A-12-109, State Archives Fund created -- Donations -- Use of money --
2107     Reporting.
2108          Section 63C-4a-405, Public Lands Litigation Expendable Special Revenue Fund --
2109     Creation -- Source of funds -- Use of funds -- Reports.
2110          Section 71-14-101, Title.
2111          Section 71-14-102, Restricted Account.
2112          Section 76-7-317.1, Abortion Litigation Account.
2113          Section 40. Revisor instructions.
2114          The Legislature intends that the Office of Legislative Research and General Counsel, in
2115     preparing the Utah Code database for publication, on May 4, 2022, replace "Petroleum Storage
2116     Tank Trust Fund" with "Petroleum Storage Tank Fund" in any new language added to the Utah
2117     Code by legislation passed during the 2022 General Session.