1     
CANINE BODY ARMOR RESTRICTED ACCOUNT

2     
MODIFICATIONS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: James A. Dunnigan

6     
Senate Sponsor: Wayne A. Harper

7     

8     LONG TITLE
9     General Description:
10          This bill repeals the Canine Body Armor Restricted Account.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals the Canine Body Armor Restricted Account; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          10-8-65, as last amended by Laws of Utah 2014, Chapters 28, 424
22          17-50-336, as enacted by Laws of Utah 2014, Chapter 28
23          59-10-1304, as last amended by Laws of Utah 2020, Chapter 311
24          62A-5b-104, as last amended by Laws of Utah 2019, Chapter 190
25          63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
26     and 451
27     REPEALS:
28          53-16-101, as enacted by Laws of Utah 2011, Chapter 294
29          53-16-102, as enacted by Laws of Utah 2011, Chapter 294
30          53-16-201, as enacted by Laws of Utah 2011, Chapter 294
31          53-16-301, as enacted by Laws of Utah 2011, Chapter 294
32          53-16-302, as enacted by Laws of Utah 2011, Chapter 294
33          59-10-1315, as enacted by Laws of Utah 2011, Chapter 294
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 10-8-65 is amended to read:
37          10-8-65. Regulation of dogs -- Service animals permitted.
38          (1) Subject to Section 18-2-101, a municipality may:
39          (a) license, tax, regulate, or prohibit the keeping of dogs; and
40          (b) authorize the destruction, sale, or other disposal of a dog if the dog is at large
41     contrary to ordinance.
42          (2) (a) As used in this Subsection (2):
43          (i) "Retired service animal" means a dog that:
44          (A) at one time was a service animal for the current owner; and
45          (B) no longer provides service animal services for the owner because of the dog's age
46     or other factors limiting the dog's service capability.
47          (ii) "Service animal" means a [police service canine, as defined in Section 53-16-102]
48     dog that:
49          (A) is used by a law enforcement agency;
50          (B) is specially trained or is in training for law enforcement work; and
51          (C) assists a law enforcement agency in the performance of law enforcement duties.
52          (b) If a municipality adopts a limit as to the number of dogs a person may keep, the
53     municipality shall allow a person to keep a service animal, a retired service animal, or both in
54     addition to that limit.
55          Section 2. Section 17-50-336 is amended to read:
56          17-50-336. Service animals permitted.
57          (1) As used in this section:
58          (a) "Retired service animal" means a dog that:
59          (i) at one time was a service animal for the current owner; and
60          (ii) no longer provides service animal services to the owner because of the dog's age or
61     other factors limiting the dog's service capability.
62          (b) "Service animal" means [a police service canine, as defined in Section 53-16-102]
63     the same as that term is defined in Section 18-8-65.
64          (2) If a county adopts a limit as to the number of dogs a person may keep, the county
65     shall allow a person to keep a service animal, a retired service animal, or both in addition to
66     that limit.
67          Section 3. Section 59-10-1304 is amended to read:
68          59-10-1304. Removal of designation and prohibitions on collection for certain
69     contributions on income tax return -- Conditions for removal and prohibitions on
70     collection -- Commission publication requirements.
71          (1) (a) If a contribution or combination of contributions described in Subsection (1)(b)
72     generate less than $30,000 per year for three consecutive years, the commission shall remove
73     the designation for the contribution from the individual income tax return and may not collect
74     the contribution from a resident or nonresident individual beginning two taxable years after the
75     three-year period for which the contribution generates less than $30,000 per year.
76          (b) The following contributions apply to Subsection (1)(a):
77          (i) the contribution provided for in Section 59-10-1306;
78          (ii) the sum of the contributions provided for in Subsection 59-10-1307(1);
79          (iii) the contribution provided for in Section 59-10-1308;
80          [(iv) the contribution provided for in Section 59-10-1315;]
81          [(v)] (iv) the contribution provided for in Section 59-10-1318;
82          [(vi)] (v) the contribution provided for in Section 59-10-1319; or
83          [(vii)] (vi) the contribution provided for in Section 59-10-1320.
84          (2) If the commission removes the designation for a contribution under Subsection (1),
85     the commission shall report to the Revenue and Taxation Interim Committee by electronic
86     means that the commission removed the designation on or before the November interim
87     meeting of the year in which the commission determines to remove the designation.
88          (3) (a) Within a 30-day period after making the report required by Subsection (2), the
89     commission shall publish a list in accordance with Subsection (3)(b) stating each contribution
90     that the commission will remove from the individual income tax return.
91          (b) The list shall:
92          (i) be published on:
93          (A) the commission's website; and
94          (B) the public legal notice website in accordance with Section 45-1-101;
95          (ii) include a statement that the commission:
96          (A) is required to remove the contribution from the individual income tax return; and
97          (B) may not collect the contribution;
98          (iii) state the taxable year for which the removal described in Subsection (3)(a) takes
99     effect; and
100          (iv) remain available for viewing and searching until the commission publishes a new
101     list in accordance with this Subsection (3).
102          Section 4. Section 62A-5b-104 is amended to read:
103          62A-5b-104. Right to be accompanied by service animal or support animal --
104     Security deposits -- Discrimination -- Liability.
105          (1) (a) An individual with a disability has the right to be accompanied by a service
106     animal, unless the service animal is a danger or nuisance to others as interpreted under the
107     Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
108          (i) in any of the places specified in Section 62A-5b-103; and
109          (ii) without additional charge for the service animal.
110          (b) An owner or lessor of private housing accommodations:
111          (i) may not, in any manner, discriminate against an individual with a disability on the
112     basis of the individual's possession of a service animal or a support animal, including by
113     charging an extra fee or deposit for a service animal or a support animal; and
114          (ii) may recover a reasonable cost to repair damage caused by a service animal or a
115     support animal.
116          (2) An individual who is not an individual with a disability has the right to be
117     accompanied by an animal that is in training to become a service animal [or a police service
118     canine], as defined in Section [53-16-102] 10-8-65:
119          (a) in any of the places specified in Section 62A-5b-103; and
120          (b) without additional charge for the animal.
121          (3) An individual described in Subsection (1) or (2) is liable for any loss or damage the
122     individual's accompanying service animal, support animal, or animal described in Subsection
123     (2) causes or inflicts to the premises of a place specified in Section 62A-5b-103.
124          (4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a
125     service animal or a support animal from a place described in Section 62A-5b-103.
126          Section 5. Section 63J-1-602.1 is amended to read:
127          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
128          Appropriations made from the following accounts or funds are nonlapsing:
129          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
130     and Leadership Restricted Account created in Section 4-42-102.
131          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
132          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
133     Section 9-18-102.
134          (4) The National Professional Men's Soccer Team Support of Building Communities
135     Restricted Account created in Section 9-19-102.
136          (5) Funds collected for directing and administering the C-PACE district created in
137     Section 11-42a-106.
138          (6) Money received by the Utah Inland Port Authority, as provided in Section
139     11-58-105.
140          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
141          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
142          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
143     Section 19-2a-106.
144          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
145     Section 19-5-126.
146          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
147     Section 23-14-13.5.
148          (12) Award money under the State Asset Forfeiture Grant Program, as provided under
149     Section 24-4-117.
150          (13) Funds collected from the program fund for local health department expenses
151     incurred in responding to a local health emergency under Section 26-1-38.
152          (14) The Children with Cancer Support Restricted Account created in Section
153     26-21a-304.
154          (15) State funds for matching federal funds in the Children's Health Insurance Program
155     as provided in Section 26-40-108.
156          (16) The Children with Heart Disease Support Restricted Account created in Section
157     26-58-102.
158          (17) The Technology Development Restricted Account created in Section 31A-3-104.
159          (18) The Criminal Background Check Restricted Account created in Section
160     31A-3-105.
161          (19) The Captive Insurance Restricted Account created in Section 31A-3-304, except
162     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
163          (20) The Title Licensee Enforcement Restricted Account created in Section
164     31A-23a-415.
165          (21) The Health Insurance Actuarial Review Restricted Account created in Section
166     31A-30-115.
167          (22) The Insurance Fraud Investigation Restricted Account created in Section
168     31A-31-108.
169          (23) The Underage Drinking Prevention Media and Education Campaign Restricted
170     Account created in Section 32B-2-306.
171          (24) The Drinking While Pregnant Prevention Media and Education Campaign
172     Restricted Account created in Section 32B-2-308.
173          (25) The School Readiness Restricted Account created in Section 35A-15-203.
174          (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
175     products or services, as provided in Section 35A-13-202.
176          (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
177          (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
178          (29) The Division of Oil, Gas, and Mining Restricted account created in Section
179     40-6-23.
180          (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
181     the Motor Vehicle Division.
182          (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
183     created by Section 41-3-110 to the State Tax Commission.
184          (32) The Utah Law Enforcement Memorial Support Restricted Account created in
185     Section 53-1-120.
186          (33) The State Disaster Recovery Restricted Account to the Division of Emergency
187     Management, as provided in Section 53-2a-603.
188          (34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
189     53-2a-1302.
190          (35) The Department of Public Safety Restricted Account to the Department of Public
191     Safety, as provided in Section 53-3-106.
192          (36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
193     53-8-303.
194          (37) The DNA Specimen Restricted Account created in Section 53-10-407.
195          [(38) The Canine Body Armor Restricted Account created in Section 53-16-201.]
196          [(39)] (38) The Technical Colleges Capital Projects Fund created in Section
197     53B-2a-118.
198          [(40)] (39) The Higher Education Capital Projects Fund created in Section
199     53B-22-202.
200          [(41)] (40) A certain portion of money collected for administrative costs under the
201     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
202          [(42)] (41) The Public Utility Regulatory Restricted Account created in Section
203     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
204          [(43)] (42) Funds collected from a surcharge fee to provide certain licensees with
205     access to an electronic reference library, as provided in Section 58-3a-105.
206          [(44)] (43) Certain fines collected by the Division of Professional Licensing for
207     violation of unlawful or unprofessional conduct that are used for education and enforcement
208     purposes, as provided in Section 58-17b-505.
209          [(45)] (44) Funds collected from a surcharge fee to provide certain licensees with
210     access to an electronic reference library, as provided in Section 58-22-104.
211          [(46)] (45) Funds collected from a surcharge fee to provide certain licensees with
212     access to an electronic reference library, as provided in Section 58-55-106.
213          [(47)] (46) Funds collected from a surcharge fee to provide certain licensees with
214     access to an electronic reference library, as provided in Section 58-56-3.5.
215          [(48)] (47) Certain fines collected by the Division of Professional Licensing for use in
216     education and enforcement of the Security Personnel Licensing Act, as provided in Section
217     58-63-103.
218          [(49)] (48) The Relative Value Study Restricted Account created in Section 59-9-105.
219          [(50)] (49) The Cigarette Tax Restricted Account created in Section 59-14-204.
220          [(51)] (50) Funds paid to the Division of Real Estate for the cost of a criminal
221     background check for a mortgage loan license, as provided in Section 61-2c-202.
222          [(52)] (51) Funds paid to the Division of Real Estate for the cost of a criminal
223     background check for principal broker, associate broker, and sales agent licenses, as provided
224     in Section 61-2f-204.
225          [(53)] (52) Certain funds donated to the Department of Health and Human Services, as
226     provided in Section 26B-1-202.
227          [(54)] (53) The National Professional Men's Basketball Team Support of Women and
228     Children Issues Restricted Account created in Section 26B-1-302.
229          [(55)] (54) Certain funds donated to the Division of Child and Family Services, as
230     provided in Section 80-2-404.
231          [(56)] (55) The Choose Life Adoption Support Restricted Account created in Section
232     80-2-502.
233          [(57)] (56) Funds collected by the Office of Administrative Rules for publishing, as
234     provided in Section 63G-3-402.
235          [(58)] (57) The Immigration Act Restricted Account created in Section 63G-12-103.
236          [(59)] (58) Money received by the military installation development authority, as
237     provided in Section 63H-1-504.
238          [(60)] (59) The Computer Aided Dispatch Restricted Account created in Section
239     63H-7a-303.
240          [(61)] (60) The Unified Statewide 911 Emergency Service Account created in Section
241     63H-7a-304.
242          [(62)] (61) The Utah Statewide Radio System Restricted Account created in Section
243     63H-7a-403.
244          [(63)] (62) The Utah Capital Investment Restricted Account created in Section
245     63N-6-204.
246          [(64)] (63) The Motion Picture Incentive Account created in Section 63N-8-103.
247          [(65)] (64) Certain money payable for expenses of the Pete Suazo Utah Athletic
248     Commission, as provided under [Section 63N-10-301] Title 9, Chapter 23, Pete Suazo Utah
249     Athletic Commission Act.
250          [(66)] (65) Funds collected by the housing of state probationary inmates or state parole
251     inmates, as provided in Subsection 64-13e-104(2).
252          [(67)] (66) Certain forestry and fire control funds utilized by the Division of Forestry,
253     Fire, and State Lands, as provided in Section 65A-8-103.
254          [(68)] (67) The Amusement Ride Safety Restricted Account, as provided in Section
255     72-16-204.
256          [(69)] (68) Certain funds received by the Office of the State Engineer for well drilling
257     fines or bonds, as provided in Section 73-3-25.
258          [(70)] (69) The Water Resources Conservation and Development Fund, as provided in
259     Section 73-23-2.
260          [(71)] (70) Funds donated or paid to a juvenile court by private sources, as provided in
261     Subsection 78A-6-203(1)(c).
262          [(72)] (71) Fees for certificate of admission created under Section 78A-9-102.
263          [(73)] (72) Funds collected for adoption document access as provided in Sections
264     78B-6-141, 78B-6-144, and 78B-6-144.5.
265          [(74)] (73) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
266     Part 4, Utah Indigent Defense Commission.
267          [(75)] (74) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
268     created in Section 79-3-403.
269          [(76)] (75) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
270     State Park, and Green River State Park, as provided under Section 79-4-403.
271          [(77)] (76) Funds donated as described in Section 41-1a-422 for the State Park Fees
272     Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
273     sky initiative.
274          [(78)] (77) Certain funds received by the Division of State Parks from the sale or
275     disposal of buffalo, as provided under Section 79-4-1001.
276          Section 6. Repealer.
277          This bill repeals:
278          Section 53-16-101, Title.
279          Section 53-16-102, Definitions.
280          Section 53-16-201, Canine Body Armor Restricted Account -- Creation -- Interest.
281          Section 53-16-301, Commissioner to distribute amounts deposited into Canine
282     Body Armor Restricted Account -- Procedures for distribution.
283          Section 53-16-302, Department rulemaking authority.
284          Section 59-10-1315, Contribution to Canine Body Armor Restricted Account.