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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to various funds and repeals contribution
10 dependent accounts that have not received a sufficient level of contributions, together
11 with those accounts' associated programs, where applicable.
12 Highlighted Provisions:
13 This bill:
14 ▸ repeals the Utah Intracurricular Student Organization Support for Agricultural
15 Education and Leadership Restricted Account;
16 ▸ repeals the Survivors of Suicide Loss Account and makes technical amendments to
17 the program;
18 ▸ repeals the Psychiatric Consultation Program Account and makes technical
19 adjustments to the program;
20 ▸ repeals the Choose Life Adoption Support Restricted Account;
21 ▸ repeals the Mule Deer Protection Restricted Account;
22 ▸ repeals the Automatic External Defibrillator Restricted Account;
23 ▸ repeals the Children's Hearing Aid Program Restricted Account;
24 ▸ repeals the Children with Cancer Support Restricted Account;
25 ▸ repeals the Children with Heart Disease Support Restricted Account;
26 ▸ repeals the Drinking While Pregnant Prevention Media and Education Campaign
27 Restricted Account and the Drinking While Pregnant Prevention Media and
28 Education Campaign;
29 ▸ repeals the West Traverse Sentinel Landscape Fund;
30 ▸ repeals the Prison Development Restricted Account;
31 ▸ repeals the State Capitol Fund;
32 ▸ repeals the Child Care Fund;
33 ▸ repeals the Invest More for Education Account and its associated tax return
34 contribution option;
35 ▸ modifies the purposes of the State Disaster Recovery Restricted Account to add
36 payment of state earthquake deductibles as a permitted use;
37 ▸ permits the State Employees' Annual Leave Trust Fund to be used for the purpose of
38 reimbursing overpayments; and
39 ▸ changes lapsing procedures for the Commerce Electronic Payment Fee Restricted
40 Account.
41 Money Appropriated in this Bill:
42 None
43 Other Special Clauses:
44 This bill provides a special effective date.
45 This bill provides a coordination clause.
46 Utah Code Sections Affected:
47 AMENDS:
48 26-8b-102, as last amended by Laws of Utah 2015, Chapter 411
49 35A-3-205, as last amended by Laws of Utah 2016, Chapter 144
50 41-1a-418, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, and 451
51 41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
52 451, and 456
53 53-2a-603, as last amended by Laws of Utah 2022, Chapters 111, 373
54 59-10-1304, as last amended by Laws of Utah 2020, Chapter 311
55 62A-15-1501, as last amended by Laws of Utah 2021, Chapter 277
56 62A-15-1502, as last amended by Laws of Utah 2021, Chapter 277
57 62A-15-1601, as last amended by Laws of Utah 2021, Chapter 278
58 62A-15-1602, as last amended by Laws of Utah 2021, Chapter 278
59 62A-15-1801, as enacted by Laws of Utah 2020, Chapter 304
60 63A-5b-1107, as last amended by Laws of Utah 2020, Chapter 354 and renumbered and
61 amended by Laws of Utah 2020, Chapter 152
62 63C-9-501, as last amended by Laws of Utah 2014, Chapter 172
63 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
64 249, 274, 296, 313, 361, 362, 417, 419, and 472
65 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
66 and 451
67 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
68 242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
69 Chapter 154
70 63M-7-303, as last amended by Laws of Utah 2022, Chapter 211
71 67-19f-201, as last amended by Laws of Utah 2021, Chapter 344
72 REPEALS:
73 4-42-101, as enacted by Laws of Utah 2017, Chapter 194
74 4-42-102, as enacted by Laws of Utah 2017, Chapter 194
75 23-30-103, as enacted by Laws of Utah 2012, Chapter 143
76 26-8b-601, as enacted by Laws of Utah 2013, Chapter 99
77 26-8b-602, as last amended by Laws of Utah 2014, Chapter 109
78 26-10-11, as last amended by Laws of Utah 2021, Chapter 50
79 26-21a-304, as enacted by Laws of Utah 2016, Chapter 46
80 26-58-101, as enacted by Laws of Utah 2016, Chapter 71
81 26-58-102, as enacted by Laws of Utah 2016, Chapter 71
82 32B-2-308, as last amended by Laws of Utah 2022, Chapter 255
83 35A-3-206, as last amended by Laws of Utah 2015, Chapter 221
84 39A-8-105, as renumbered and amended by Laws of Utah 2022, Chapter 373
85 53F-9-205, as renumbered and amended by Laws of Utah 2018, Chapter 2
86 59-10-1318, as last amended by Laws of Utah 2018, Chapter 415
87 62A-15-403, as renumbered and amended by Laws of Utah 2022, Chapter 211
88 63C-9-502, as last amended by Laws of Utah 2015, Chapter 314
89 80-2-502, as renumbered and amended by Laws of Utah 2022, Chapter 334
90 Utah Code Sections Affected by Coordination Clause:
91 13-1-17, Utah Code Annotated 1953
92 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
93 and 451
94
95 Be it enacted by the Legislature of the state of Utah:
96 Section 1. Section 26-8b-102 is amended to read:
97 26-8b-102. Definitions.
98 As used in this chapter:
99 [
100
101 [
102 computerized medical device that:
103 (a) has received pre-market notification approval from the United States Food and
104 Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
105 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
106 ventricular tachycardia;
107 (c) is capable of determining, without intervention by an operator, whether
108 defibrillation should be performed; and
109 (d) upon determining that defibrillation should be performed, automatically charges,
110 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
111 to a person's heart.
112 [
113 department.
114 [
115 external chest compression applied to a person who is unresponsive and not breathing.
116 [
117 as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center
118 by the bureau.
119 [
120 person's heart stops or fails to produce a pulse.
121 Section 2. Section 35A-3-205 is amended to read:
122 35A-3-205. Creation of committee.
123 (1) There is created a Child Care Advisory Committee.
124 (2) The committee shall counsel and advise the office in fulfilling its statutory
125 obligations, including:
126 (a) reviewing and providing recommendations on the office's annual budget;
127 (b) providing recommendations on how the office might best respond to child care
128 needs throughout the state; and
129 (c) providing recommendations on the use of money [
130
131 needs.
132 (3) The committee is composed of the following members, with special attention given
133 to insure diversity and representation from both urban and rural groups:
134 (a) one expert in early childhood development;
135 (b) one child care provider who operates a center;
136 (c) one child care provider who operates a family child care business;
137 (d) one parent who is representative of households receiving a child care subsidy from
138 the office;
139 (e) one representative from the public at-large;
140 (f) one representative selected by the State Board of Education;
141 (g) one representative of the Department of Health;
142 (h) one representative of the Department of Human Services;
143 (i) two representatives from the corporate community, one who is a recent "Family
144 Friendly" award winner and who received the award because of efforts related to child care;
145 (j) two representatives from the small business community;
146 (k) one representative from child care advocacy groups;
147 (l) one representative of children with disabilities;
148 (m) one representative from the state Head Start Association appointed by the
149 association;
150 (n) one representative from each child care provider association; and
151 (o) one representative of a child care resource and referral center appointed by the
152 organization representing child care resource and referral agencies.
153 (4) (a) The executive director shall appoint the members designated in Subsections
154 (3)(a) through (e) and (j) through (n).
155 (b) The head of the respective departments shall appoint the members referred to in
156 Subsections (3)(f) through (i).
157 (c) Each child care provider association shall appoint its respective member referred to
158 in Subsection (3)(o).
159 (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
160 expire, the appointing authority shall appoint each new member or reappointed member to a
161 four-year term.
162 (b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
163 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
164 terms of committee members are staggered so that approximately half of the committee is
165 appointed every two years.
166 (6) When a vacancy occurs in the membership for any reason, including missing three
167 consecutive meetings where the member has not been excused by the chair prior to or during
168 the meeting, the replacement shall be appointed for the unexpired term.
169 (7) A majority of the members constitutes a quorum for the transaction of business.
170 (8) (a) The executive director shall select a chair from the committee membership.
171 (b) A chair may serve no more than two one-year terms as chair.
172 (9) A member may not receive compensation or benefits for the member's service, but
173 may receive per diem and travel expenses as allowed in:
174 (a) Section 63A-3-106;
175 (b) Section 63A-3-107; and
176 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
177 63A-3-107.
178 Section 3. Section 41-1a-418 is amended to read:
179 41-1a-418. Authorized special group license plates.
180 (1) The division shall only issue special group license plates in accordance with this
181 section through Section 41-1a-422 to a person who is specified under this section within the
182 categories listed as follows:
183 (a) disability special group license plates issued in accordance with Section 41-1a-420;
184 (b) honor special group license plates, as in a war hero, which plates are issued for a:
185 (i) survivor of the Japanese attack on Pearl Harbor;
186 (ii) former prisoner of war;
187 (iii) recipient of a Purple Heart;
188 (iv) disabled veteran;
189 (v) recipient of a gold star award issued by the United States Secretary of Defense; or
190 (vi) recipient of a campaign or combat theater award determined by the Department of
191 Veterans and Military Affairs;
192 (c) unique vehicle type special group license plates, as for historical, collectors value,
193 or other unique vehicle type, which plates are issued for:
194 (i) a special interest vehicle;
195 (ii) a vintage vehicle;
196 (iii) a farm truck; or
197 (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
198 defined in Section 59-13-102; or
199 (B) beginning on the effective date of rules made by the Department of Transportation
200 authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
201 powered by clean fuel that meets the standards established by the Department of Transportation
202 in rules authorized under Subsection 41-6a-702(5)(b);
203 (d) recognition special group license plates, which plates are issued for:
204 (i) a current member of the Legislature;
205 (ii) a current member of the United States Congress;
206 (iii) a current member of the National Guard;
207 (iv) a licensed amateur radio operator;
208 (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
209 (vi) an emergency medical technician;
210 (vii) a current member of a search and rescue team;
211 (viii) a current honorary consulate designated by the United States Department of
212 State;
213 (ix) an individual supporting commemoration and recognition of women's suffrage;
214 (x) an individual supporting a fraternal, initiatic order for those sharing moral and
215 metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly love,
216 relief, and truth;
217 (xi) an individual supporting the Utah Wing of the Civil Air Patrol; or
218 (xii) an individual supporting the recognition and continuation of the work and life of
219 Dr. Martin Luther King, Jr.; or
220 (e) support special group license plates, as for a contributor to an institution or cause,
221 which plates are issued for a contributor to:
222 (i) an institution's scholastic scholarship fund;
223 (ii) the Division of Wildlife Resources;
224 (iii) the Department of Veterans and Military Affairs;
225 (iv) the Division of Outdoor Recreation;
226 (v) the Department of Agriculture and Food;
227 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
228 (vii) the Boy Scouts of America;
229 (viii) spay and neuter programs through No More Homeless Pets in Utah;
230 (ix) the Boys and Girls Clubs of America;
231 (x) Utah public education;
232 (xi) programs that provide support to organizations that create affordable housing for
233 those in severe need through the Division of Real Estate;
234 (xii) the Department of Public Safety;
235 (xiii) programs that support Zion National Park;
236 (xiv) beginning on July 1, 2009, programs that provide support to firefighter
237 organizations;
238 (xv) programs that promote bicycle operation and safety awareness;
239 (xvi) programs that conduct or support cancer research;
240 (xvii) programs that create or support autism awareness;
241 (xviii) programs that create or support humanitarian service and educational and
242 cultural exchanges;
243 (xix) until September 30, 2017, programs that conduct or support prostate cancer
244 awareness, screening, detection, or prevention;
245 [
246 [
247 organization affiliated with a national professional men's basketball organization;
248 [
249 environmental sustainability through an organization affiliated with a professional men's soccer
250 organization;
251 [
252 [
253 Enforcement Memorial;
254 [
255 [
256
257 [
258 [
259 [
260 awareness;
261 [
262 through education, mentoring, and leadership opportunities;
263 [
264 advocating for organ donors and donor families;
265 [
266 [
267 [
268 initiative.
269 (2) (a) The division may not issue a new type of special group license plate or decal
270 unless the division receives:
271 (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
272 the production and administrative costs of providing the new special group license plates or
273 decals; or
274 (B) a legislative appropriation for the start-up fee provided under Subsection
275 (2)(a)(i)(A); and
276 (ii) beginning on January 1, 2012, and for the issuance of a support special group
277 license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
278 type of support special group license plate or decal to be issued with all fees required under this
279 part for the support special group license plate or decal issuance paid by each applicant.
280 (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
281 hold applications for support special group license plates or decals authorized in Section
282 41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
283 (ii) Once a participating organization has received at least 500 applications, it shall
284 submit the applications, along with the necessary fees, to the division for the division to begin
285 working on the design and issuance of the new type of support special group license plate or
286 decal to be issued.
287 (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
288 of a new support special group license plate or decal authorized in Section 41-1a-422 until the
289 applications and fees required under this Subsection (2) have been received by the division.
290 (iv) The division shall begin issuance of a new support special group license plate or
291 decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
292 after receiving the applications and fees required under this Subsection (2).
293 (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
294 registration of a motor vehicle that has been issued a firefighter recognition special group
295 license plate unless the applicant is a contributor as defined in Subsection
296 41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
297 (ii) A registered owner of a vehicle that has been issued a firefighter recognition
298 special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
299 registration shall:
300 (A) be a contributor to the Firefighter Support Restricted Account as required under
301 Subsection (2)(c)(i); or
302 (B) replace the firefighter recognition special group license plate with a new license
303 plate.
304 (3) Beginning on July 1, 2011, if a support special group license plate or decal type
305 authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
306 license plates issued each year for a three consecutive year time period that begins on July 1,
307 the division may not issue that type of support special group license plate or decal to a new
308 applicant beginning on January 1 of the following calendar year after the three consecutive year
309 time period for which that type of support special group license plate or decal has fewer than
310 500 license plates issued each year.
311 (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
312 vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
313 (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
314 support special group license plate.
315 (b) A registered owner of a vehicle that has been issued a prostate cancer support
316 special group license plate before October 1, 2017, may renew the owner's motor vehicle
317 registration, with the contribution allocated as described in Section 41-1a-422.
318 Section 4. Section 41-1a-422 is amended to read:
319 41-1a-422. Support special group license plates -- Contributor -- Voluntary
320 contribution collection procedures.
321 (1) As used in this section:
322 (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who
323 has donated or in whose name at least $25 has been donated to:
324 (A) a scholastic scholarship fund of a single named institution;
325 (B) the Department of Veterans and Military Affairs for veterans programs;
326 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
327 Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
328 access, and management of wildlife habitat;
329 (D) the Department of Agriculture and Food for the benefit of conservation districts;
330 (E) the Division of Outdoor Recreation for the benefit of snowmobile programs;
331 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
332 the donation evenly divided between the two;
333 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
334 council as specified by the contributor;
335 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
336 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
337 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
338 development programs;
339 (J) the Utah Association of Public School Foundations to support public education;
340 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
341 assist people who have severe housing needs;
342 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
343 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
344 Safety employees;
345 (M) the Division of Outdoor Recreation for distribution to organizations that provide
346 support for Zion National Park;
347 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
348 firefighter organizations;
349 (O) the Share the Road Bicycle Support Restricted Account created in Section
350 72-2-127 to support bicycle operation and safety awareness programs;
351 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
352 cancer research programs;
353 (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
354 autism awareness programs;
355 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
356 created in Section 9-17-102 to support humanitarian service and educational and cultural
357 programs;
358 (S) Upon renewal of a prostate cancer support special group license plate, to the
359 Cancer Research Restricted Account created in Section 26-21a-302 to support cancer research
360 programs;
361 [
362
363 [
364 Children Issues Restricted Account created in Section 26B-1-302;
365 [
366 Section 53-1-120;
367 [
368
369 [
370 Communities Restricted Account created in Section 9-19-102;
371 [
372
373 [
374
375 [
376 Shooting Ranges Restricted Account created in Section 23-14-13.5, for the creation of new,
377 and operation and maintenance of existing, state-owned firearm shooting ranges;
378 [
379 Utah State Historical Society;
380 [
381 Section 72-2-130;
382 [
383 Air Support Restricted Account created in Section 19-1-109, and half of the donation deposited
384 into the Clean Air Fund created in Section 59-10-1319;
385 [
386 13-1-16;
387 [
388 26-18b-101;
389 [
390 amount of the donation required to cover the costs of issuing, ordering, or reordering Kiwanis
391 support special group plates, as determined by the State Tax Commission, deposited into the
392 Kiwanis Education Support Fund created in Section 53F-9-403, and all remaining donation
393 amounts deposited into the Uniform School Fund;
394 [
395 to support the Live On suicide prevention campaign administered by the Division of Integrated
396 Healthcare; or
397 [
398 support the Division of State Parks' dark sky initiative.
399 (ii) (A) For a veterans special group license plate described in Subsection (4) or
400 41-1a-421(1)(a)(v), "contributor" means a person who has donated or in whose name at least a
401 $25 donation at the time of application and $10 annual donation thereafter has been made.
402 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
403 person who:
404 (I) has donated or in whose name at least $30 has been donated at the time of
405 application and annually after the time of application; and
406 (II) is a member of a trade organization for real estate licensees that has more than
407 15,000 Utah members.
408 (C) For an Honoring Heroes special group license plate, "contributor" means a person
409 who has donated or in whose name at least $35 has been donated at the time of application and
410 annually thereafter.
411 (D) For a firefighter support special group license plate, "contributor" means a person
412 who:
413 (I) has donated or in whose name at least $15 has been donated at the time of
414 application and annually after the time of application; and
415 (II) is a currently employed, volunteer, or retired firefighter.
416 (E) For a cancer research special group license plate, "contributor" means a person who
417 has donated or in whose name at least $35 has been donated at the time of application and
418 annually after the time of application.
419 (F) For a Utah Law Enforcement Memorial Support special group license plate,
420 "contributor" means a person who has donated or in whose name at least $35 has been donated
421 at the time of application and annually thereafter.
422 (b) "Institution" means a state institution of higher education as defined under Section
423 53B-3-102 or a private institution of higher education in the state accredited by a regional or
424 national accrediting agency recognized by the United States Department of Education.
425 (2) (a) An applicant for original or renewal collegiate special group license plates under
426 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
427 present the original contribution verification form under Subsection (2)(b) or make a
428 contribution to the division at the time of application under Subsection (3).
429 (b) An institution with a support special group license plate shall issue to a contributor
430 a verification form designed by the commission containing:
431 (i) the name of the contributor;
432 (ii) the institution to which a donation was made;
433 (iii) the date of the donation; and
434 (iv) an attestation that the donation was for a scholastic scholarship.
435 (c) The state auditor may audit each institution to verify that the money collected by the
436 institutions from contributors is used for scholastic scholarships.
437 (d) After an applicant has been issued collegiate license plates or renewal decals, the
438 commission shall charge the institution whose plate was issued, a fee determined in accordance
439 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
440 renewing the collegiate license plates.
441 (e) If the contribution is made at the time of application, the contribution shall be
442 collected, treated, and deposited as provided under Subsection (3).
443 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), an applicant for original or
444 renewal support special group license plates under this section must be a contributor to the
445 sponsoring organization associated with the license plate.
446 (ii) An applicant for a historical special group license plate is not required to make a
447 donation to the Utah State Historical Society if the historical special group license plate is for a
448 vintage vehicle that has a model year of 1980 or older.
449 (b) This contribution shall be:
450 (i) unless collected by the named institution under Subsection (2), collected by the
451 division;
452 (ii) considered a voluntary contribution for the funding of the activities specified under
453 this section and not a motor vehicle registration fee;
454 (iii) deposited into the appropriate account less actual administrative costs associated
455 with issuing the license plates; and
456 (iv) for a firefighter special group license plate, deposited into the appropriate account
457 less:
458 (A) the costs of reordering firefighter special group license plate decals; and
459 (B) the costs of replacing recognition special group license plates with new license
460 plates under Subsection 41-1a-1211(13).
461 (c) The donation described in Subsection (1)(a) must be made in the 12 months before
462 registration or renewal of registration.
463 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
464 the division when issuing original:
465 (i) snowmobile license plates; or
466 (ii) conservation license plates.
467 (4) Veterans license plates shall display one of the symbols representing the Army,
468 Navy, Air Force, Marines, Coast Guard, or American Legion.
469 Section 5. Section 53-2a-603 is amended to read:
470 53-2a-603. State Disaster Recovery Restricted Account.
471 (1) (a) There is created a restricted account in the General Fund known as the "State
472 Disaster Recovery Restricted Account."
473 (b) The disaster recovery account consists of:
474 (i) money deposited into the disaster recovery account in accordance with Section
475 63J-1-314;
476 (ii) money appropriated to the disaster recovery account by the Legislature; and
477 (iii) any other public or private money received by the division that is:
478 (A) given to the division for purposes consistent with this section; and
479 (B) deposited into the disaster recovery account at the request of:
480 (I) the division; or
481 (II) the person or entity giving the money.
482 (c) The Division of Finance shall deposit interest or other earnings derived from
483 investment of account money into the General Fund.
484 (2) Subject to being appropriated by the Legislature, money in the disaster recovery
485 account may only be expended or committed to be expended as follows:
486 (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
487 commit to expend an amount that does not exceed $500,000, in accordance with Section
488 53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
489 disaster;
490 (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
491 to expend an amount that exceeds $500,000, but does not exceed $3,000,000, in accordance
492 with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
493 a declared disaster if the division:
494 (A) before making the expenditure or commitment to expend, obtains approval for the
495 expenditure or commitment to expend from the governor;
496 (B) subject to Subsection (5), provides written notice of the expenditure or
497 commitment to expend to the speaker of the House of Representatives, the president of the
498 Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
499 Subcommittee, the Legislative Management Committee, and the Office of the Legislative
500 Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
501 and
502 (C) makes the report required by Subsection 53-2a-606(2);
503 (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
504 to expend an amount that exceeds $3,000,000, but does not exceed $5,000,000, in accordance
505 with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
506 a declared disaster if, before making the expenditure or commitment to expend, the division:
507 (A) obtains approval for the expenditure or commitment to expend from the governor;
508 and
509 (B) submits the expenditure or commitment to expend to the Executive Appropriations
510 Committee in accordance with Subsection 53-2a-606(3); and
511 (iv) in any fiscal year the division may expend or commit to expend an amount that
512 does not exceed $500,000 to fund expenses incurred by the National Guard if:
513 (A) in accordance with Section 39A-3-103, the governor orders into active service the
514 National Guard in response to a declared disaster; and
515 (B) the money is not used for expenses that qualify for payment as emergency disaster
516 services;
517 (b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
518 committed to be expended to fund costs to the state directly related to a declared disaster that
519 are not costs related to:
520 (i) emergency disaster services;
521 (ii) emergency preparedness; or
522 (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
523 Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
524 paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
525 Fire Suppression Fund;
526 (c) to fund the Local Government Emergency Response Loan Fund created in Section
527 53-2a-607;
528 (d) the division may provide advanced funding from the disaster recovery account to
529 recognized agents of the state when:
530 (i) Utah has agreed, through the division, to enact the Emergency Management
531 Assistance Compact with another member state that has requested assistance during a declared
532 disaster;
533 (ii) Utah agrees to provide resources to the requesting member state;
534 (iii) the agent of the state who represents the requested resource has no other funding
535 source available at the time of the Emergency Management Assistance Compact request; and
536 (iv) the disaster recovery account has a balance of funds available to be utilized while
537 maintaining a minimum balance of $5,000,000; [
538 (e) to fund up to $500,000 for the governor's emergency appropriations described in
539 Subsection 63J-1-217(4)[
540 (f) to pay the state's deductible in the event of an earthquake.
541 (3) All funding provided in advance to an agent of the state and subsequently
542 reimbursed shall be credited to the account.
543 (4) The state treasurer shall invest money in the disaster recovery account according to
544 Title 51, Chapter 7, State Money Management Act.
545 (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
546 recovery account may not be diverted, appropriated, expended, or committed to be expended
547 for a purpose that is not listed in this section.
548 (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
549 from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
550 money appropriated from the disaster recovery account is expended or committed to be
551 expended for a purpose other than one listed in this section.
552 (c) The Legislature may not amend the purposes for which money in the disaster
553 recovery account may be expended or committed to be expended except by the affirmative vote
554 of two-thirds of all the members elected to each house.
555 (6) The division:
556 (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
557 method under the circumstances as determined by the division; and
558 (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
559 Section 6. Section 59-10-1304 is amended to read:
560 59-10-1304. Removal of designation and prohibitions on collection for certain
561 contributions on income tax return -- Conditions for removal and prohibitions on
562 collection -- Commission publication requirements.
563 (1) (a) If a contribution or combination of contributions described in Subsection (1)(b)
564 generate less than $30,000 per year for three consecutive years, the commission shall remove
565 the designation for the contribution from the individual income tax return and may not collect
566 the contribution from a resident or nonresident individual beginning two taxable years after the
567 three-year period for which the contribution generates less than $30,000 per year.
568 (b) The following contributions apply to Subsection (1)(a):
569 (i) the contribution provided for in Section 59-10-1306;
570 (ii) the sum of the contributions provided for in Subsection 59-10-1307(1);
571 (iii) the contribution provided for in Section 59-10-1308;
572 (iv) the contribution provided for in Section 59-10-1315;
573 [
574 [
575 [
576 (2) If the commission removes the designation for a contribution under Subsection (1),
577 the commission shall report to the Revenue and Taxation Interim Committee by electronic
578 means that the commission removed the designation on or before the November interim
579 meeting of the year in which the commission determines to remove the designation.
580 (3) (a) Within a 30-day period after making the report required by Subsection (2), the
581 commission shall publish a list in accordance with Subsection (3)(b) stating each contribution
582 that the commission will remove from the individual income tax return.
583 (b) The list shall:
584 (i) be published on:
585 (A) the commission's website; and
586 (B) the public legal notice website in accordance with Section 45-1-101;
587 (ii) include a statement that the commission:
588 (A) is required to remove the contribution from the individual income tax return; and
589 (B) may not collect the contribution;
590 (iii) state the taxable year for which the removal described in Subsection (3)(a) takes
591 effect; and
592 (iv) remain available for viewing and searching until the commission publishes a new
593 list in accordance with this Subsection (3).
594 Section 7. Section 62A-15-1501 is amended to read:
595 62A-15-1501. Definitions.
596 As used in this part:
597 [
598
599 [
600 (b) "Cohabitant" does not include a relative.
601 [
602 grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin,
603 mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
604 Section 8. Section 62A-15-1502 is amended to read:
605 62A-15-1502. Survivors of Suicide Loss Assistance.
606 [
607
608 [
609 [
610 [
611 [
612 [
613 appropriation to a person who provides, for no or minimal cost:
614 (a) clean-up of property affected or damaged by an individual's suicide, as
615 reimbursement for the costs incurred for the clean-up; and
616 (b) bereavement services to a relative, legal guardian, or cohabitant of an individual
617 who dies by suicide.
618 [
619 Human Services Interim Committee regarding [
620 made [
621 Section 9. Section 62A-15-1601 is amended to read:
622 62A-15-1601. Definitions.
623 As used in this part:
624 [
625
626 [
627 child during early childhood.
628 [
629 health support or interventions to a child during early childhood.
630 [
631 (a) is knowledgeable and trained in early childhood mental health; and
632 (b) provides mental health services to children during early childhood.
633 [
634 mental health care programs and services to children and families and employs a child mental
635 health therapist.
636 [
637 [
638 consultation regarding a child's mental health care during the child's early childhood between a
639 child care provider or a mental health therapist and a child mental health therapist that is
640 focused on psychotherapeutic and psychosocial interventions and is completed through the use
641 of electronic or telephonic communication.
642 [
643 programs and services and employs at least two psychiatrists, at least one of whom is a child
644 psychiatrist.
645 [
646 58-60-102.
647 [
648 advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
649 [
650 osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
651 Osteopathic Medical Practice Act.
652 [
653 physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
654 [
655 assistant.
656 [
657 (a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or
658 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
659 (b) is board eligible for a psychiatry specialization recognized by the American Board
660 of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic
661 Specialists.
662 [
663 patient's mental health care, including diagnostic clarification, medication adjustment, or
664 treatment planning, between a primary care provider and a psychiatrist that is completed
665 through the use of electronic or telephonic communication.
666 Section 10. Section 62A-15-1602 is amended to read:
667 62A-15-1602. Psychiatric and Psychotherapeutic Consultation Program.
668 [
669
670 [
671 [
672 [
673 [
674 [
675 appropriation to:
676 (a) at least one health care facility to implement a program that provides a primary care
677 provider access to a telehealth psychiatric consultation when the primary care provider is
678 evaluating a patient for or providing a patient mental health treatment; and
679 (b) at least one child mental health care facility to implement a program that provides
680 access to an early childhood psychotherapeutic telehealth consultation to:
681 (i) a mental health therapist when the mental health therapist is evaluating a child for or
682 providing a child mental health treatment; or
683 (ii) a child care provider when the child care provider is providing child care to a child.
684 [
685 child mental health care facility only if the health care facility or child mental health care
686 facility:
687 (a) is located in the state; and
688 (b) submits an application in accordance with Subsection [
689 [
690 (a) the number of psychiatrists employed by the health care facility or the number of
691 child mental health therapists employed by the child mental health care facility;
692 (b) the health care facility's or child mental health care facility's plan to implement the
693 telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth
694 consultation program described in Subsection [
695 (c) the estimated cost to implement the telehealth psychiatric consultation program or
696 the early childhood psychotherapeutic telehealth consultation program described in Subsection
697 [
698 (d) any plan to use one or more funding sources in addition to a grant under this section
699 to implement the telehealth psychiatric consultation program or the early childhood
700 psychotherapeutic telehealth consultation program described in Subsection [
701 (e) the amount of grant money requested to fund the telehealth psychiatric consultation
702 program or the early childhood psychotherapeutic telehealth consultation program described in
703 Subsection [
704 (f) any existing or planned contract or partnership between the health care facility and
705 another person to implement the telehealth psychiatric consultation program or the early
706 childhood psychotherapeutic telehealth consultation program described in Subsection [
707 [
708 money under this section shall file a report with the division before October 1 of each year that
709 details for the immediately preceding calendar year:
710 (a) the type and effectiveness of each service provided in the telehealth psychiatric
711 program or the early childhood psychotherapeutic telehealth consultation program;
712 (b) the utilization of the telehealth psychiatric program or the early childhood
713 psychotherapeutic telehealth consultation program based on metrics or categories determined
714 by the division;
715 (c) the total amount expended from the grant money; and
716 (d) the intended use for grant money that has not been expended.
717 [
718 Human Services Interim Committee regarding:
719 (a) [
720 with this section; and
721 (b) a summary of any report provided to the division under Subsection [
722 Section 11. Section 62A-15-1801 is amended to read:
723 62A-15-1801. Definitions.
724 As used in this part:
725 (1) "ACT team personnel" means a licensed psychiatrist or mental health therapist, or
726 another individual, as determined by the division, who is part of an ACT team.
727 (2) "Assertive community treatment team" or "ACT team" means a mobile team of
728 medical and mental health professionals that provides assertive community outreach treatment
729 and, based on the individual circumstances of each case, coordinates with other medical
730 providers and appropriate community resources.
731 (3) (a) "Assertive community treatment" means mental health services and on-site
732 intervention that a person renders to an individual with a mental illness.
733 (b) "Assertive community treatment" includes the provision of assessment and
734 treatment plans, rehabilitation, support services, and referrals to other community resources.
735 (4) "Mental health therapist" means the same as that term is defined in Section
736 58-60-102.
737 (5) "Mental illness" means the same as that term is defined in Section 62A-15-602.
738 (6) "Psychiatrist" means [
739 individual who:
740 (a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or
741 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
742 (b) is board eligible for a psychiatry specialization recognized by the American Board
743 of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic
744 Specialists.
745 Section 12. Section 63A-5b-1107 is amended to read:
746 63A-5b-1107. Development of new correctional facilities.
747 (1) As used in this section:
748 (a) "Committee" means the Legislative Management Committee created in Section
749 36-12-6.
750 (b) "New correctional facilities" means a new prison and related facilities to be
751 constructed to replace the state prison located in Draper.
752 (c) "Prison project" means all aspects of a project for the design and construction of
753 new correctional facilities on the selected site, including:
754 (i) the acquisition of land, interests in land, easements, or rights-of-way;
755 (ii) site improvement; and
756 (iii) the acquisition, construction, equipping, or furnishing of facilities, structures,
757 infrastructure, roads, parking facilities, utilities, and improvements, whether on or off the
758 selected site, that are necessary, incidental, or convenient to the development of new
759 correctional facilities on the selected site.
760 (d) "Selected site" means the site selected as the site for new correctional facilities.
761 (2) In consultation with the committee, the division shall oversee the prison project, as
762 provided in this section.
763 (3) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and this
764 section, the division shall:
765 (i) enter into contracts with persons providing professional and construction services
766 for the prison project;
767 (ii) provide reports to the committee regarding the prison project, as requested by the
768 committee; and
769 (iii) consider input from the committee on the prison project, subject to Subsection
770 (3)(b).
771 (b) The division may not consult with or receive input from the committee regarding:
772 (i) the evaluation of proposals from persons seeking to provide professional and
773 construction services for the prison project; or
774 (ii) the selection of persons to provide professional and construction services for the
775 prison project.
776 (c) A contract with a project manager or person with a comparable position on the
777 prison project shall include a provision that requires the project manager or other person to
778 provide reports to the committee regarding the prison project, as requested by the committee.
779 (4) All contracts associated with the design or construction of new correctional
780 facilities shall be awarded and managed by the division in accordance with Title 63G, Chapter
781 6a, Utah Procurement Code, and this section.
782 (5) The division shall coordinate with the Department of Corrections, created in
783 Section 64-13-2, and the State Commission on Criminal and Juvenile Justice, created in
784 Section 63M-7-201, during the prison project to help ensure that the design and construction of
785 new correctional facilities are conducive to and consistent with, and help to implement any
786 reforms of or changes to, the state's corrections system and corrections programs.
787 [
788
789 [
790 [
791 [
792
793 [
794
795 [
796 Fund."
797 (b) The fund consists of:
798 (i) money appropriated to the fund by the Legislature; and
799 (ii) proceeds from the issuance of bonds authorized in Section 63B-25-101 to provide
800 funding for the prison project.
801 (c) (i) The fund shall earn interest or other earnings.
802 (ii) The Division of Finance shall deposit interest or other earnings derived from the
803 investment of fund money into the fund.
804 (d) Money in the fund shall be used by the division to fund the prison project.
805 Section 13. Section 63C-9-501 is amended to read:
806 63C-9-501. Soliciting donations.
807 (1) The executive director, under the direction of the board, shall:
808 (a) develop plans and programs to solicit gifts, money, and items of value from private
809 persons, foundations, or organizations; and
810 (b) actively solicit donations from those persons and entities.
811 (2) (a) Property provided by those entities is the property of the state and is under the
812 control of the board.
813 (b) Subsection (2)(a) does not apply to temporary exhibits or to the personal property
814 of persons having an office in a building on capitol hill.
815 (3) The board:
816 (a) shall deposit money donated to the board into the State Capitol [
817
818 (b) shall use gifts of money made to the board for the purpose specified by the grantor,
819 if any; and
820 (c) may return to the donor any gift or money donated to the board if a majority of the
821 board determines that use of the gift or money is unfeasible, or will otherwise not be placed or
822 used on capitol hill.
823 Section 14. Section 63I-1-263 is amended to read:
824 63I-1-263. Repeal dates: Titles 63A to 63N.
825 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
826 improvement funding, is repealed July 1, 2024.
827 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
828 2023.
829 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
830 Committee, are repealed July 1, 2023.
831 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
832 (a) Section 63A-18-102 is repealed;
833 (b) Section 63A-18-201 is repealed; and
834 (c) Section 63A-18-202 is repealed.
835 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
836 1, 2028.
837 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
838 2025.
839 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
840 2024.
841 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
842 repealed July 1, 2023.
843 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
844 July 1, 2023.
845 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
846 repealed July 1, 2026.
847 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
848 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
849 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
850 Advisory Board, is repealed July 1, 2026.
851 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
852 2028.
853 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
854 2024.
855 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
856 [
857
858 [
859 to the Utah Marriage Commission, is repealed July 1, 2023.
860 [
861
862 [
863 Safety Commission, is repealed January 1, 2025.
864 [
865 Committee, is repealed July 1, 2027.
866 [
867 on January 1, 2033:
868 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
869 repealed;
870 (b) Section 63M-7-305, the language that states "council" is replaced with
871 "commission";
872 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
873 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
874 (d) Subsection 63M-7-305(2) is repealed and replaced with:
875 "(2) The commission shall:
876 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
877 Drug-Related Offenses Reform Act; and
878 (b) coordinate the implementation of Section 77-18-104 and related provisions in
879 Subsections 77-18-103(2)(c) and (d).".
880 [
881 63M-7-504, is repealed July 1, 2027.
882 [
883 2026.
884 [
885 repealed January 1, 2025.
886 [
887 [
888 July 1, 2028.
889 [
890 repealed July 1, 2027.
891 [
892 Program, is repealed July 1, 2025.
893 [
894 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
895 and
896 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
897 Program, is repealed.
898 [
899 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
900 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
901 repealed and replaced with "Utah Office of Tourism";
902 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
903 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
904 approval from the Board of Tourism Development, is repealed; and
905 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
906 [
907 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
908 is repealed on July 1, 2024.
909 Section 15. Section 63J-1-602.1 is amended to read:
910 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
911 Appropriations made from the following accounts or funds are nonlapsing:
912 [
913
914 [
915 9-9-407.
916 [
917 in Section 9-18-102.
918 [
919 Communities Restricted Account created in Section 9-19-102.
920 [
921 Section 11-42a-106.
922 [
923 11-58-105.
924 [
925 13-1-16.
926 [
927 [
928 in Section 19-2a-106.
929 [
930 created in Section 19-5-126.
931 [
932 created in Section 23-14-13.5.
933 [
934 under Section 24-4-117.
935 [
936 expenses incurred in responding to a local health emergency under Section 26-1-38.
937 [
938
939 [
940 Program as provided in Section 26-40-108.
941 [
942
943 [
944 31A-3-104.
945 [
946 31A-3-105.
947 [
948 except to the extent that Section 31A-3-304 makes the money received under that section free
949 revenue.
950 [
951 31A-23a-415.
952 [
953 Section 31A-30-115.
954 [
955 31A-31-108.
956 [
957 Restricted Account created in Section 32B-2-306.
958 [
959 Restricted Account created in Section 32B-2-308.
960 [
961 [
962 certain products or services, as provided in Section 35A-13-202.
963 [
964 40-6-11.
965 [
966 [
967 40-6-23.
968 [
969 41-1a-121 to the Motor Vehicle Division.
970 [
971 Account created by Section 41-3-110 to the State Tax Commission.
972 [
973 in Section 53-1-120.
974 [
975 Emergency Management, as provided in Section 53-2a-603.
976 [
977 Section 53-2a-1302.
978 [
979 Public Safety, as provided in Section 53-3-106.
980 [
981 Section 53-8-303.
982 [
983 [
984 [
985 53B-2a-118.
986 [
987 53B-22-202.
988 [
989 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
990 [
991 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
992 [
993 access to an electronic reference library, as provided in Section 58-3a-105.
994 [
995 violation of unlawful or unprofessional conduct that are used for education and enforcement
996 purposes, as provided in Section 58-17b-505.
997 [
998 access to an electronic reference library, as provided in Section 58-22-104.
999 [
1000 access to an electronic reference library, as provided in Section 58-55-106.
1001 [
1002 access to an electronic reference library, as provided in Section 58-56-3.5.
1003 [
1004 education and enforcement of the Security Personnel Licensing Act, as provided in Section
1005 58-63-103.
1006 [
1007 [
1008 [
1009 background check for a mortgage loan license, as provided in Section 61-2c-202.
1010 [
1011 background check for principal broker, associate broker, and sales agent licenses, as provided
1012 in Section 61-2f-204.
1013 [
1014 provided in Section 26B-1-202.
1015 [
1016 Children Issues Restricted Account created in Section 26B-1-302.
1017 [
1018 provided in Section 80-2-404.
1019 [
1020 80-2-502.
1021 [
1022 provided in Section 63G-3-402.
1023 [
1024 [
1025 provided in Section 63H-1-504.
1026 [
1027 63H-7a-303.
1028 [
1029 63H-7a-304.
1030 [
1031 63H-7a-403.
1032 [
1033 63N-6-204.
1034 [
1035 [
1036 Commission, as provided under Section 63N-10-301.
1037 [
1038 inmates, as provided in Subsection 64-13e-104(2).
1039 [
1040 Fire, and State Lands, as provided in Section 65A-8-103.
1041 [
1042 72-16-204.
1043 [
1044 fines or bonds, as provided in Section 73-3-25.
1045 [
1046 Section 73-23-2.
1047 [
1048 Subsection 78A-6-203(1)(c).
1049 [
1050 [
1051 78B-6-141, 78B-6-144, and 78B-6-144.5.
1052 [
1053 Part 4, Utah Indigent Defense Commission.
1054 [
1055 created in Section 79-3-403.
1056 [
1057 State Park, and Green River State Park, as provided under Section 79-4-403.
1058 [
1059 Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
1060 sky initiative.
1061 [
1062 disposal of buffalo, as provided under Section 79-4-1001.
1063 Section 16. Section 63J-1-602.2 is amended to read:
1064 63J-1-602.2. List of nonlapsing appropriations to programs.
1065 Appropriations made to the following programs are nonlapsing:
1066 (1) The Legislature and the Legislature's committees.
1067 (2) The State Board of Education, including all appropriations to agencies, line items,
1068 and programs under the jurisdiction of the State Board of Education, in accordance with
1069 Section 53F-9-103.
1070 (3) The Rangeland Improvement Act created in Section 4-20-101.
1071 [
1072 [
1073 4-46- 301.
1074 [
1075 [
1076 under Subsection 17-16-21(2)(d)(ii).
1077 [
1078 under the Pelican Management Act, as provided in Section 23-21a-6.
1079 [
1080 [
1081 [
1082 Subsection 26-18-3(7).
1083 [
1084 Section 26-46-102.
1085 [
1086 26-46a-103.
1087 [
1088 [
1089 (a) administration of the Utah Medical Education Program created in Section
1090 26-69-403;
1091 (b) provision of medical residency grants described in Section 26-69-407; and
1092 (c) provision of the forensic psychiatric fellowship grant described in Section
1093 26-69-408.
1094 [
1095 accordance with Subsection 32B-2-301(8)(a) or (b).
1096 [
1097 Workforce Services, as provided in Section 35A-3-401.
1098 [
1099 [
1100 (a) purchase and distribution of license plates and decals; and
1101 (b) administration and enforcement of motor vehicle registration requirements.
1102 [
1103 Section 53-2a-1102.
1104 [
1105 [
1106 provided in Section 53B-6-104.
1107 [
1108 Subsection 53G-10-608(6).
1109 [
1110 Section 62A-5-102.
1111 [
1112 storage tanks under Section 63A-9-401.
1113 [
1114 [
1115 under Section 63A-16-903.
1116 (28) The State Capitol Preservation Board created by Section 63C-9-201.
1117 [
1118 63G-3-402.
1119 [
1120 Colorado River Authority of Utah Act.
1121 [
1122 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1123 [
1124 Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
1125 Expansion Program.
1126 [
1127 65A-2-8.
1128 [
1129 provided in Section 63A-17-106.
1130 [
1131 fund, as provided in Section 69-2-301.
1132 [
1133 [
1134 Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
1135 participating in a settlement of federal reserved water right claims.
1136 [
1137 in Section 77-10a-19.
1138 [
1139 78A-6-210.
1140 [
1141 [
1142 [
1143 and 78B-6-144.5.
1144 [
1145 Defense Commission.
1146 [
1147 Management under Section 63A-5b-703 under which state agencies receive an appropriation
1148 and pay lease payments for the use and occupancy of buildings owned by the Division of
1149 Facilities Construction and Management.
1150 [
1151 taxes in accordance with Section 59-2-1802.
1152 Section 17. Section 63M-7-303 is amended to read:
1153 63M-7-303. Duties of council.
1154 (1) The Utah Substance Use and Mental Health Advisory Council shall:
1155 (a) provide leadership and generate unity for Utah's ongoing efforts to reduce and
1156 eliminate the impact of substance use and mental health disorders in Utah through a
1157 comprehensive and evidence-based prevention, treatment, and justice strategy;
1158 (b) recommend and coordinate the creation, dissemination, and implementation of
1159 statewide policies to address substance use and mental health disorders;
1160 (c) facilitate planning for a balanced continuum of substance use and mental health
1161 disorder prevention, treatment, and justice services;
1162 (d) promote collaboration and mutually beneficial public and private partnerships;
1163 (e) coordinate recommendations made by any committee created under Section
1164 63M-7-302;
1165 (f) analyze and provide an objective assessment of all proposed legislation concerning
1166 substance use, mental health, and related issues;
1167 (g) coordinate the implementation of Section 77-18-104 and related provisions in
1168 Subsections 77-18-103(2)(c) and (d), as provided in Section 63M-7-305;
1169 (h) comply with [
1170 (i) oversee coordination for the funding, implementation, and evaluation of suicide
1171 prevention efforts described in Section 62A-15-1101.
1172 (2) The council shall meet quarterly or more frequently as determined necessary by the
1173 chair.
1174 (3) The council shall report the council's recommendations annually to the
1175 commission, governor, the Legislature, and the Judicial Council.
1176 Section 18. Section 67-19f-201 is amended to read:
1177 67-19f-201. State Employees Annual Leave Trust Fund -- Creation -- Oversight --
1178 Dissolution.
1179 (1) There is created a trust fund entitled the "State Employees' Annual Leave Trust
1180 Fund."
1181 (2) The trust fund consists of:
1182 (a) ongoing revenue provided from a state agency set aside for accrued annual leave II
1183 required under Section 63A-17-510;
1184 (b) appropriations made to the trust fund by the Legislature, if any;
1185 (c) transfers from the termination pool described in Subsection 63A-17-510(6) made
1186 by the Division of Finance to the trust fund for annual leave liabilities accrued before the
1187 change date established under Section 63A-17-510;
1188 (d) income; and
1189 (e) revenue received from other sources.
1190 (3) (a) The Division of Finance shall account for the receipt and expenditures of trust
1191 fund money.
1192 (b) The Division of Finance shall make the necessary adjustments to the amount of set
1193 aside costs required under Subsection 63A-17-510(4)(a) to provide that upon the trust fund's
1194 accrual of funding equal to 10% of the annual leave liability, year-end trust fund balances
1195 remain equal to at least 10% of the total state employee annual leave liability.
1196 (4) (a) The state treasurer shall invest trust fund money by following the procedures
1197 and requirements of Part 3, Investment of Trust Funds.
1198 (b) (i) The trust fund shall earn interest.
1199 (ii) The state treasurer shall deposit all interest or other income earned from investment
1200 of the trust fund back into the trust fund.
1201 (5) The board of trustees created in Section 67-19f-202 may expend money from the
1202 trust fund for:
1203 (a) reimbursement to the employer of the costs paid to the trust fund in accordance
1204 with Section 63A-17-510 as annual leave II is used by an employee;
1205 (b) payments based on accrued annual leave and on accrued annual leave II that are
1206 made upon termination of an employee; [
1207 (c) refunds for overpayments; and
1208 [
1209 its duties as trustee of the trust fund.
1210 (6) The board of trustees shall ensure that:
1211 (a) money deposited into the trust fund is irrevocable and is expended only for the
1212 costs described in Subsection (5); and
1213 (b) assets of the trust fund are dedicated to providing annual leave and annual leave II
1214 established by statute and rule.
1215 (7) A creditor of the board of trustees or a state agency liable for annual leave benefits
1216 may not seize, attach, or otherwise obtain assets of the trust fund.
1217 Section 19. Repealer.
1218 This bill repeals:
1219 Section 4-42-101, Title.
1220 Section 4-42-102, Utah Intracurricular Student Organization Support for
1221 Agricultural Education and Leadership Restricted Account.
1222 Section 23-30-103, Mule Deer Protection Account -- Contents -- Use of Funds.
1223 Section 26-8b-601, Title.
1224 Section 26-8b-602, Automatic External Defibrillator Restricted Account.
1225 Section 26-10-11, Children's Hearing Aid Program -- Advisory Committee --
1226 Restricted Account -- Rulemaking.
1227 Section 26-21a-304, Children with Cancer Support Restricted Account.
1228 Section 26-58-101, Title.
1229 Section 26-58-102, Children with Heart Disease Support Restricted Account.
1230 Section 32B-2-308, Drinking while pregnant prevention media and education
1231 campaign restricted account.
1232 Section 35A-3-206, Child Care Fund -- Use of money -- Committee and director
1233 duties -- Restrictions.
1234 Section 39A-8-105, West Traverse Sentinel Landscape Fund.
1235 Section 53F-9-205, Invest More for Education Account.
1236 Section 59-10-1318, Contribution to Invest More for Education Account.
1237 Section 62A-15-403, Drinking while pregnant prevention media and education
1238 campaign.
1239 Section 63C-9-502, Fund created -- Donations.
1240 Section 80-2-502, Choose Life Adoption Support Restricted Account.
1241 Section 20. Effective date.
1242 This bill takes effect on July 1, 2023.
1243 Section 21. Coordinating S.B. 272 with H.B. 12 -- Superseding amendments --
1244 Omitting substantive changes.
1245 If this S.B. 272 and H.B. 12, Department of Commerce Electronic Payment Fees, both
1246 pass and become law, it is the intent of the Legislature that the Office of Legislative Research
1247 and General Counsel, in preparing the Utah Code database for publication:
1248 (1) amend Subsection 13-1-17(5) of H.B. 12 to read:
1249 "(5) (a) The account balance may not exceed $1,000,000 at the end of each fiscal year.
1250 (b) At the end of each fiscal year, the Division of Finance shall transfer into the
1251 General Fund any funds in the account that exceed an account balance of $1,000,000."; and
1252 (2) not make the changes in H.B. 12 Section 3.