Utah House Bill HB0459 Latest Draft

                            Enrolled Copy	H.B. 459
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Appropriations Subcommittee Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: Jerry W. Stevenson
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LONG TITLE
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General Description:
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This bill updates the names of certain appropriations subcommittees.
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Highlighted Provisions:
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This bill:
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▸ changes the name of:
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● the "Business, Economic Development, and Labor Appropriations Subcommittee" to
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the "Economic and Community Development Appropriations Subcommittee";
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● the "Executive Offices and Criminal Justice Appropriations Subcommittee" to the
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"Criminal Justice Appropriations Subcommittee"; and
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● the "Infrastructure and General Government Appropriations Subcommittee" to the
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"Transportation and Infrastructure Appropriations Subcommittee";
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▸ modifies reporting requirements to align with the correct appropriations subcommittee;
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▸ provides a coordination clause to coordinate with H.B. 200 regarding reporting
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requirements for a recreation restoration infrastructure grant; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS:
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4-46-303, as last amended by Laws of Utah 2023, Chapter 180
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17B-2a-808.1, as last amended by Laws of Utah 2024, Chapter 498
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32B-2-307, as last amended by Laws of Utah 2023, Chapter 538 H.B. 459	Enrolled Copy
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32B-2-505, as last amended by Laws of Utah 2023, Chapter 369
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35A-6-105, as last amended by Laws of Utah 2022, Chapter 415
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36-33-103, as renumbered and amended by Laws of Utah 2022, Chapter 334
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53-1-121, as enacted by Laws of Utah 2021, Chapter 215
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53-2a-603, as last amended by Laws of Utah 2023, Chapters 434, 534
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53-2a-606, as last amended by Laws of Utah 2023, Chapter 434
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53-2a-1302, as last amended by Laws of Utah 2023, Chapter 434
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53-8-105, as last amended by Laws of Utah 2024, Chapter 425
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53-8-214, as last amended by Laws of Utah 2024, Chapter 251
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53-10-910, as renumbered and amended by Laws of Utah 2022, Chapter 430
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53B-2a-117, as last amended by Laws of Utah 2024, Chapter 378
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53B-18-1805, as enacted by Laws of Utah 2023, Chapter 494
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53B-18-1806, as enacted by Laws of Utah 2023, Chapter 494
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53B-20-104, as last amended by Laws of Utah 2023, Chapter 369
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53B-22-204, as last amended by Laws of Utah 2024, Chapter 378
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58-55-104, as enacted by Laws of Utah 2019, Chapter 215
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58-55-105, as enacted by Laws of Utah 2019, Chapter 215
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59-21-2, as last amended by Laws of Utah 2024, Chapter 88
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63A-5b-404, as last amended by Laws of Utah 2022, Chapter 421
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63A-5b-407, as enacted by Laws of Utah 2023, Chapter 369
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63A-5b-912, as renumbered and amended by Laws of Utah 2020, Chapter 152
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63A-5b-1002, as last amended by Laws of Utah 2021, Chapter 116
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63A-13-502, as last amended by Laws of Utah 2019, Chapter 286
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63A-16-302.1, as enacted by Laws of Utah 2023, Chapter 496
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63H-7a-206, as last amended by Laws of Utah 2024, Chapter 357
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63J-1-504, as last amended by Laws of Utah 2023, Chapter 428
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63M-7-904, as last amended by Laws of Utah 2024, Chapter 506
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63N-2-107, as last amended by Laws of Utah 2024, Chapter 159
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63N-6-301, as last amended by Laws of Utah 2022, Chapters 298, 362
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63N-21-401, as enacted by Laws of Utah 2023, Chapter 38
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64-13-46.1, as renumbered and amended by Laws of Utah 2024, Chapter 182
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64-13e-103, as last amended by Laws of Utah 2023, Chapter 246
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64-13e-105, as last amended by Laws of Utah 2024, Chapter 467
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67-5-1, as last amended by Laws of Utah 2024, Chapters 2, 74 and 348
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77-38-620, as last amended by Laws of Utah 2023, Chapter 237
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77-40a-107, as enacted by Laws of Utah 2022, Chapter 384 and last amended by
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Coordination Clause, Laws of Utah 2022, Chapter 384
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78A-2-310, as enacted by Laws of Utah 2023, Chapter 428
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78A-5-303, as enacted by Laws of Utah 2020, Chapter 62
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78B-1-117, as last amended by Laws of Utah 2018, Chapter 25
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79-8-203, as renumbered and amended by Laws of Utah 2021, Chapter 280
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80-5-303, as renumbered and amended by Laws of Utah 2021, Chapter 261
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80-5-502, as renumbered and amended by Laws of Utah 2021, Chapter 261
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REPEALS:
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53B-17-1102, as enacted by Laws of Utah 2018, Chapter 453
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53B-18-1602, as enacted by Laws of Utah 2018, Chapter 453
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Utah Code Sections affected by Coordination Clause:
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79-8-203, as renumbered and amended by Laws of Utah 2021, Chapter 280
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 4-46-303 is amended to read:
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4-46-303 . Board to report annually.
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      The board shall submit an annual report to the [Infrastructure and General Government] 
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Transportation and Infrastructure and Natural Resources, Agriculture, and Environmental
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Quality Appropriations Subcommittees:
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(1) specifying the amount of each disbursement from the fund;
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(2) identifying the recipient of each disbursement and describing the project for which
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money was disbursed; and
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(3) detailing the conditions, if any, placed by the board on disbursements from the fund.
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Section 2.  Section 17B-2a-808.1 is amended to read:
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17B-2a-808.1 . Large public transit district board of trustees powers and duties --
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Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
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(1) The powers and duties of a board of trustees of a large public transit district stated in
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this section are in addition to the powers and duties stated in Section 17B-1-301.
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(2) The board of trustees of each large public transit district shall:
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(a) hold public meetings and receive public comment;
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(b) ensure that the policies, procedures, and management practices established by the
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public transit district meet state and federal regulatory requirements and federal
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grantee eligibility;
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(c) create and approve an annual budget, including the issuance of bonds and other
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financial instruments, after consultation with the local advisory council;
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(d) approve any interlocal agreement with a local jurisdiction;
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(e) in consultation with the local advisory council, approve contracts and overall
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property acquisitions and dispositions for transit-oriented development;
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(f) in consultation with constituent counties, municipalities, metropolitan planning
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organizations, and the local advisory council:
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(i) develop and approve a strategic plan for development and operations on at least a
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four-year basis; and
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(ii) create and pursue funding opportunities for transit capital and service initiatives
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to meet anticipated growth within the public transit district;
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(g) annually report the public transit district's long-term financial plan to the State
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Bonding Commission;
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(h) annually report the public transit district's progress and expenditures related to state
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resources to the Executive Appropriations Committee and the [Infrastructure and
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General Government] Transportation and Infrastructure Appropriations
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Subcommittee;
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(i) annually report to the Transportation Interim Committee the public transit district's
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efforts to engage in public-private partnerships for public transit services;
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(j) hire, set salaries, and develop performance targets and evaluations for:
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(i) the executive director; and
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(ii) all chief level officers;
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(k) supervise and regulate each transit facility that the public transit district owns and
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operates, including:
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(i) fix rates, fares, rentals, charges and any classifications of rates, fares, rentals, and
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charges; and
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(ii) make and enforce rules, regulations, contracts, practices, and schedules for or in
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connection with a transit facility that the district owns or controls;
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(l) control the investment of all funds assigned to the district for investment, including
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funds:
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(i) held as part of a district's retirement system; and
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(ii) invested in accordance with the participating employees' designation or direction
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pursuant to an employee deferred compensation plan established and operated in
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compliance with Section 457 of the Internal Revenue Code;
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(m) in consultation with the local advisory council created under Section 17B-2a-808.2,
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invest all funds according to the procedures and requirements of Title 51, Chapter 7,
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State Money Management Act;
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(n) if a custodian is appointed under Subsection (3)(d), pay the fees for the custodian's
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services from the interest earnings of the investment fund for which the custodian is
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appointed;
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(o)(i) cause an annual audit of all public transit district books and accounts to be
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made by an independent certified public accountant;
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(ii) as soon as practicable after the close of each fiscal year, submit to each of the
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councils of governments within the public transit district a financial report
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showing:
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(A) the result of district operations during the preceding fiscal year;
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(B) an accounting of the expenditures of all local sales and use tax revenues
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generated under Title 59, Chapter 12, Part 22, Local Option Sales and Use
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Taxes for Transportation Act;
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(C) the district's financial status on the final day of the fiscal year; and
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(D) the district's progress and efforts to improve efficiency relative to the previous
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fiscal year; and
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(iii) supply copies of the report under Subsection (2)(o)(ii) to the general public upon
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request;
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(p) report at least annually to the Transportation Commission created in Section 72-1-301,
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which report shall include:
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(i) the district's short-term and long-range public transit plans, including the portions
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of applicable regional transportation plans adopted by a metropolitan planning
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organization established under 23 U.S.C. Sec. 134; and
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(ii) any transit capital development projects that the board of trustees would like the
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Transportation Commission to consider;
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(q) direct the internal auditor appointed under Section 17B-2a-810 to conduct audits that
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the board of trustees determines, in consultation with the local advisory council
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created in Section 17B-2a-808.2, to be the most critical to the success of the
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organization;
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(r) together with the local advisory council created in Section 17B-2a-808.2, hear audit
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reports for audits conducted in accordance with Subsection (2)(o);
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(s) review and approve all contracts pertaining to reduced fares, and evaluate existing
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contracts, including review of:
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(i) how negotiations occurred;
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(ii) the rationale for providing a reduced fare; and
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(iii) identification and evaluation of cost shifts to offset operational costs incurred
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and impacted by each contract offering a reduced fare;
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(t) in consultation with the local advisory council, develop and approve other board
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policies, ordinances, and bylaws;
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(u) review and approve any:
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(i) contract or expense exceeding $200,000; or
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(ii) proposed change order to an existing contract if the change order:
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(A) increases the total contract value to $200,000 or more;
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(B) increases a contract of or expense of $200,000 or more by 15% or more; or
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(C) has a total change order value of $200,000 or more; and
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(v) coordinate with political subdivisions within the large public transit district and the
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department to coordinate public transit services provided by the large public transit
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district with pilot services related to public transit innovation grants.
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(3) A board of trustees of a large public transit district may:
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(a) subject to Subsection (4), make and pass ordinances, resolutions, and orders that are:
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(i) not repugnant to the United States Constitution, the Utah Constitution, or the
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provisions of this part; and
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(ii) necessary for:
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(A) the governance and management of the affairs of the district;
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(B) the execution of district powers; and
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(C) carrying into effect the provisions of this part;
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(b) provide by resolution, under terms and conditions the board considers fit, for the
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payment of demands against the district without prior specific approval by the board,
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if the payment is:
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(i) for a purpose for which the expenditure has been previously approved by the
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board;
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(ii) in an amount no greater than the amount authorized; and
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(iii) approved by the executive director or other officer or deputy as the board
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prescribes;
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(c) in consultation with the local advisory council created in Section 17B-2a-808.2:
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(i) hold public hearings and subpoena witnesses; and
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(ii) appoint district officers to conduct a hearing and require the officers to make
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findings and conclusions and report them to the board; and
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(d) appoint a custodian for the funds and securities under its control, subject to
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Subsection (2)(n).
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(4) The board of trustees may not issue a bond unless the board of trustees has consulted
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and received approval from the State Finance Review Commission created in Section
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63C-25-201.
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(5) A member of the board of trustees of a large public transit district or a hearing officer
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designated by the board may administer oaths and affirmations in a district investigation
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or proceeding.
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(6)(a) The vote of the board of trustees on each ordinance or resolution shall be by roll
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call vote with each affirmative and negative vote recorded.
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(b) The board of trustees of a large public transit district may not adopt an ordinance
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unless it is introduced at least 24 hours before the board of trustees adopts it.
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(c) Each ordinance adopted by a large public transit district's board of trustees shall take
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effect upon adoption, unless the ordinance provides otherwise.
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(7)(a) The board of trustees shall provide a report to each city and town within the
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boundary of the large public transit district, that shall provide an accounting of:
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(i) the amount of revenue from local option sales and use taxes under this part that
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was collected within each respective county, city, or town and allocated to the
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large public transit district as provided in this part;
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(ii) how much revenue described in Subsection (7)(a)(i) was allocated to provide
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public transit services utilized by residents of each city and town; and
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(iii) how the revenue described in Subsection [(7)(b)] (7)(a)(i) was spent to provide
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public transit services utilized by residents of each respective city and town.
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(b) The board of trustees shall provide the report described in Subsection (7)(a):
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(i) on or before January 1, 2025; and
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(ii) at least every two years thereafter.
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(c) To provide the report described in this Subsection (7), a board of trustees may
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coordinate with the Department of Transportation to report on relevant public transit
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capital development administered by the Department of Transportation.
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Section 3.  Section 32B-2-307 is amended to read:
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32B-2-307 . State Store Land Acquisition and Building Construction Fund.
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(1) As used in this section, "fund" means the State Store Land Acquisition and Building
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Construction Fund created in this section.
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(2) There is created an enterprise fund known as the State Store Land Acquisition and
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Building Construction Fund.
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(3) The fund is funded from the following sources:
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(a) appropriations made to the fund by the Legislature;
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(b) in accordance with Subsection (6)(a), proceeds from revenue bonds authorized by
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Title 63B, Bonds;
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(c) subject to Subsection (7)(b), repayments to the fund; and
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(d) the interest described in Subsection (4).
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(4)(a) The fund shall earn interest.
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(b) Interest earned on the fund shall be deposited into the fund.
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(5) Subject to Subsection (6), the department may use the money deposited into the fund:
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(a) for construction of new state stores, including to purchase or lease property; and
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(b) for maintenance or renovation of existing state stores or facilities.
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(6)(a) Before the department spends or commits money from the fund, the department
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shall:
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(i) present to the [Infrastructure and General Government] Transportation and
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Infrastructure Appropriations Subcommittee a description of how the department
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will spend the money; and
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(ii) if the department intends to spend or commit money from the fund for
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construction of a new state store:
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(A) receive approval from the Division of Facilities Construction and
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Management, created in Section 63A-5b-301; and
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(B) receive authorization in an appropriations act.
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(b) Following a presentation described in Subsection (6)(a)(i), the [Infrastructure and
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General Government] Transportation and Infrastructure Appropriations Subcommittee
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shall recommend whether the department spend the money in accordance with the
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department's presentation.
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(7)(a) If the department uses money in the fund for a purpose described in Subsection (5),
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and subsequently issues a revenue bond for that purpose, the department shall repay
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the money with proceeds from the revenue bond.
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(b) If the department uses money from the fund for a purpose described in Subsection (5),
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and subsequently uses, instead of issuing bonds, cash funding appropriated by the
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Legislature to fund that purpose, the department shall reimburse the fund:
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(i) with proceeds from liquor revenue in the Liquor Control Fund, created in Section
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32B-2-301, on a long-term payment schedule set by the state treasurer; and
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(ii) before the transfer described in Subsection 32B-2-301(7).
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(8)(a) If the department uses money from the fund that the Legislature appropriated as a
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loan to be used for the purposes described in Subsection (5), the department shall
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repay the money with proceeds from liquor revenue in the Liquor Control Fund,
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created in Section 32B-2-301:
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(i) with interest at prevailing municipal revenue bond rates for the state of Utah at the
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time of loan origination minus 50 basis points; and
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(ii) on a term not to exceed 15 years.
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(b) The department shall make each payment under Subsection (8)(a) before the transfer
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described in Subsection 32B-2-301(7).
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Section 4.  Section 32B-2-505 is amended to read:
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32B-2-505 . Reporting requirements -- Building plan and market survey
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required -- Department performance measures.
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(1) In 2018 and each year thereafter, the department shall present a five-year building plan
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to the [Infrastructure and General Government] Transportation and Infrastructure
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Appropriations Subcommittee that describes the department's anticipated property
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acquisition, building, and remodeling for the five years following the day on which the
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department presents the five-year building plan.
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(2)(a) In 2018 and every other year thereafter, the department shall complete a market
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survey to inform the department's five-year building plan described in Subsection (1).
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(b) The department shall:
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(i) provide a copy of each market survey to the [Infrastructure and General
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Government] Transportation and Infrastructure Appropriations Subcommittee and
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the Business and Labor Interim Committee; and
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(ii) upon request, appear before the [Infrastructure and General Government] 
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Transportation and Infrastructure Appropriations Subcommittee to present the
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results of the market survey.
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(3) For fiscal year 2018-19 and each fiscal year thereafter, before the fiscal year begins, the
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Governor's Office of Planning and Budget, in consultation with the department and the
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Office of the Legislative Fiscal Analyst, shall establish performance measures and goals
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to evaluate the department's operations during the fiscal year.
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(4)(a) The department may not submit a request to the Division of Facilities
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Construction and Management for a capital development project unless the
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department first obtains approval from the Governor's Office of Planning and Budget.
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(b) In determining whether to grant approval for a request described in Subsection (4)(a),
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the Governor's Office of Planning and Budget shall evaluate the extent to which the
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department met the performance measures and goals described in Subsection (3)
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during the previous fiscal year.
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Section 5.  Section 35A-6-105 is amended to read:
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35A-6-105 . Commissioner of Apprenticeship Programs.
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(1) There is created the position of Commissioner of Apprenticeship Programs within the
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department.
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(2) The commissioner shall be appointed by the executive director and chosen from one or
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more recommendations provided by a majority vote of the State Workforce
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Development Board.
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(3) The commissioner may be terminated without cause by the executive director.
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(4) The commissioner shall:
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(a) promote and educate the public, including high school guidance counselors and
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potential participants in apprenticeship programs, about apprenticeship programs,
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youth apprenticeship, and pre-apprenticeship programs offered in the state, including
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apprenticeship, youth apprenticeship, and pre-apprenticeship programs offered by
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private sector businesses, trade groups, labor unions, partnerships with educational
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institutions, and other associations in the state;
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(b) coordinate with the department and other stakeholders, including union and
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nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of
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Education, the Utah system of higher education, the Department of Commerce, the
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Division of Professional Licensing, and the Governor's Office of Economic
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Opportunity to improve and promote apprenticeship opportunities in the state; and
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(c) provide an annual written report to:
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(i) the department for inclusion in the department's annual written report described in
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Section 35A-1-109;
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(ii) the [Business, Economic Development, and Labor] Economic and Community
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Development Appropriations Subcommittee; and
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(iii) the Higher Education Appropriations Subcommittee.
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(5) The annual written report described in Subsection (4)(c) shall provide information
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concerning:
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(a) the number of available apprenticeship, youth apprenticeship, and pre-apprenticeship
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programs in the state;
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(b) the number of apprentice participants in each program;
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(c) the completion rate of each program;
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(d) the cost of state funding for each program; and
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(e) recommendations for improving apprenticeship, youth apprenticeship, and
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pre-apprenticeship programs.
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Section 6.  Section 36-33-103 is amended to read:
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36-33-103 . Panel powers and duties -- Record access and confidentiality.
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(1) The panel shall:
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(a) examine and observe the process and execution of laws governing the child welfare
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system by the executive branch and the judicial branch;
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(b) upon request, receive testimony from the public, the juvenile court, or a state agency
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involved with the child welfare system, including the division, another office or
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agency within the department, the attorney general, the Office of Guardian Ad Litem,
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or a school district;
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(c) before October 1 of each year, receive a report from the Administrative Office of the
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Courts identifying the cases not in compliance with the time limits established in the
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following sections, and the reasons for noncompliance:
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(i) Subsection 80-3-301(1), regarding shelter hearings;
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(ii) Section 80-3-401, regarding pretrial and adjudication hearings;
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(iii) Section 80-3-402, regarding dispositional hearings;
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(iv) Section 80-3-406, regarding reunification services; and
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(v) Section 80-3-409, regarding permanency hearings and petitions for termination;
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(d) receive recommendations from, and make recommendations to the governor, the
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Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the
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juvenile court, and the public;
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(e)(i) receive reports from the division and the Administrative Office of the Courts on
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budgetary issues impacting the child welfare system; and
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(ii) before December 1 of each year, recommend, as the panel considers advisable,
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budgetary proposals to the Social Services Appropriations Subcommittee and the [
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Executive Offices and ]Criminal Justice Appropriations Subcommittee;
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(f) study and recommend changes to laws governing the child welfare system;
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(g) study actions the state can take to preserve, unify, and strengthen the child's family
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ties whenever possible in the child's best interest, including recognizing the
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constitutional rights and claims of parents if those family ties are severed or infringed;
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(h) perform other duties related to the oversight of the child welfare system as the panel
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considers appropriate; and
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(i) annually report the panel's findings and recommendations to the president of the
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Senate, the speaker of the House of Representatives, the Health and Human Services
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Interim Committee, and the Judiciary Interim Committee.
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(2)(a) The panel may:
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(i) review and discuss individual child welfare cases;
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(ii) make recommendations to the Legislature, the governor, the Board of Juvenile
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Court Judges, the division, and any other statutorily created entity related to the
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policies and procedures of the child welfare system; and
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(iii) hold public hearings, as the panel considers advisable, in various locations within
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the state to afford all interested persons an opportunity to appear and present the
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persons' views regarding the child welfare system.
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(b)(i) If the panel discusses an individual child welfare case, the panel shall close the
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panel's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings
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Act.
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(ii) If the panel discusses an individual child welfare case, the panel shall make
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reasonable efforts to identify and consider the concerns of all parties to the case.
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(iii) The panel may not make recommendations to the court, the division, or any other
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public or private entity regarding the disposition of an individual child welfare
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case.
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(3)(a) A record of the panel regarding an individual child welfare case:
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(i) is classified as private under Section 63G-2-302; and
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(ii) may be disclosed only in accordance with federal law and Title 63G, Chapter 2,
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Government Records Access and Management Act.
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(b)(i) The panel shall have access to all of the division's records, including records
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regarding individual child welfare cases.
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(ii) In accordance with Title 63G, Chapter 2, Government Records Access and
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Management Act, all documents and information received by the panel from the
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division shall maintain the same classification under Title 63G, Chapter 2,
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Government Records Access and Management Act, that was designated by the
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division.
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(4) In order to accomplish the panel's oversight functions under this section, the panel has:
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(a) all powers granted to legislative interim committees in Section 36-12-11; and
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(b) legislative subpoena powers under, Chapter 14, Legislative Subpoena Powers.
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Section 7.  Section 53-1-121 is amended to read:
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53-1-121 . Technology and equipment for officer-involved critical incident
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investigation -- Rulemaking -- Legislative findings -- Revenue fund created.
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(1) The department shall assist the law enforcement agencies of the state and the state's
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political subdivisions to obtain technology and equipment to assist in the investigation of
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officer-involved critical incidents in which a firearm is used.
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(2) To be eligible, the technology or equipment shall be:
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(a) capable of recording actual shots fired, including the date and time, from a specific
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weapon;
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(b) able to distinguish between actual shots fired and other, unrelated but
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contemporaneous, events; and
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(c) tamper-proof and unable to be removed or manipulated by the officer.
418 
(3) The department shall create a program to assist law enforcement agencies through
419 
monetary grants to:
420 
(a) purchase technology and equipment to assist in the investigation of officer-involved
421 
critical incidents involving a firearm; and
422 
(b) train law enforcement officers in the proper use and handling of any technology and
423 
equipment purchased in accordance with this section.
424 
(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
425 
the commissioner shall make rules establishing a program with criteria and
426 
procedures for granting matching funds under this section to law enforcement
427 
agencies to purchase technology or equipment meeting the criteria in Subsection (2).
428 
(b) The rules shall require that funding provided to purchase technology or equipment
429 
under this section shall be matched by the requesting law enforcement agency.
430 
(5) The Legislature finds that the money is for a general and statewide public purpose.
431 
(6) Expenses accrued by the department in carrying out this section shall be provided from
432 
this appropriation, but may not exceed $40,000 annually.
433 
(7) The Legislature shall appropriate funds to the department to use for matching grants to
434 
local law enforcement agencies to carry out the purpose of this program.
435 
(8) The department shall report annually to the [Executive Offices and ]Criminal Justice
- 13 - H.B. 459	Enrolled Copy
436 
Appropriations Subcommittee on the program. The report shall contain:
437 
(a) the total amount of appropriations received by the program;
438 
(b) amounts granted from the program to local law enforcement agencies, including an
439 
accounting of technology purchased by the local law enforcement agency;
440 
(c) an accounting of any administrative expenses for the program paid out of the funds;
441 
(d) requests for funding that were not granted and the reason for denial; and
442 
(e) the total amount of remaining funds.
443 
Section 8.  Section 53-2a-603 is amended to read:
444 
53-2a-603 . State Disaster Recovery Restricted Account.
445 
(1)(a) There is created a restricted account in the General Fund known as the "State
446 
Disaster Recovery Restricted Account."
447 
(b) The disaster recovery account consists of:
448 
(i) money deposited into the disaster recovery account in accordance with Section
449 
63J-1-314;
450 
(ii) money appropriated to the disaster recovery account by the Legislature; and
451 
(iii) any other public or private money received by the division that is:
452 
(A) given to the division for purposes consistent with this section; and
453 
(B) deposited into the disaster recovery account at the request of:
454 
(I) the division; or
455 
(II) the person or entity giving the money.
456 
(c) The Division of Finance shall deposit interest or other earnings derived from
457 
investment of account money into the General Fund.
458 
(2) Money in the disaster recovery account may only be expended or committed to be
459 
expended as follows:
460 
(a)(i) subject to Section 53-2a-606, in any fiscal year the division may expend or
461 
commit to expend an amount that does not exceed $500,000, in accordance with
462 
Section 53-2a-604, to fund costs to the state of emergency disaster services in
463 
response to a declared disaster;
464 
(ii) subject to Section 53-2a-606, in any fiscal year the division may expend or
465 
commit to expend an amount that exceeds $500,000, but does not exceed
466 
$3,000,000, in accordance with Section 53-2a-604, to fund costs to the state of
467 
emergency disaster services in response to a declared disaster if the division:
468 
(A) before making the expenditure or commitment to expend, obtains approval for
469 
the expenditure or commitment to expend from the governor;
- 14 - Enrolled Copy	H.B. 459
470 
(B) subject to Subsection (5), provides written notice of the expenditure or
471 
commitment to expend to the speaker of the House of Representatives, the
472 
president of the Senate, the Division of Finance, the [Executive Offices and ]
473 
Criminal Justice Appropriations Subcommittee, the Legislative Management
474 
Committee, and the Office of the Legislative Fiscal Analyst no later than 72
475 
hours after making the expenditure or commitment to expend; and
476 
(C) makes the report required by Subsection 53-2a-606(2);
477 
(iii) subject to Section 53-2a-606, in any fiscal year the division may expend or
478 
commit to expend an amount that exceeds $3,000,000, but does not exceed
479 
$5,000,000, in accordance with Section 53-2a-604, to fund costs to the state of
480 
emergency disaster services in response to a declared disaster if, before making
481 
the expenditure or commitment to expend, the division:
482 
(A) obtains approval for the expenditure or commitment to expend from the
483 
governor; and
484 
(B) submits the expenditure or commitment to expend to the Executive
485 
Appropriations Committee in accordance with Subsection 53-2a-606(3);
486 
(iv) in any fiscal year the division may expend or commit to expend an amount that
487 
does not exceed $500,000 to fund expenses incurred by the National Guard if:
488 
(A) in accordance with Section 39A-3-103, the governor orders into active service
489 
the National Guard in response to a declared disaster; and
490 
(B) the money is not used for expenses that qualify for payment as emergency
491 
disaster services; and
492 
(v) in any fiscal year, the division may expend an amount that does not exceed
493 
$750,000 to fund expenses incurred to develop or enhance emergency
494 
management capabilities if:
495 
(A) the money is used for personnel, equipment, supplies, contracts, training,
496 
exercises, or other expenses deemed reasonable and necessary to:
497 
(I) promote and strengthen the state's level of resiliency through mitigation,
498 
preparedness, response, or recovery activities; or
499 
(II) meet federal grant matching requirements; and
500 
(B) the disaster recovery account has a balance of funds available to be utilized
501 
while maintaining a minimum balance of $5,000,000;
502 
(b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
503 
committed to be expended to fund costs to the state directly related to a declared
- 15 - H.B. 459	Enrolled Copy
504 
disaster that are not costs related to:
505 
(i) emergency disaster services;
506 
(ii) emergency preparedness; or
507 
(iii) notwithstanding whether a county participates in the Wildland Fire Suppression
508 
Fund created in Section 65A-8-204, any fire suppression or presuppression costs
509 
that may be paid for from the Wildland Fire Suppression Fund if the county
510 
participates in the Wildland Fire Suppression Fund;
511 
(c) to fund:
512 
(i) the Local Government Emergency Response Loan Fund created in Section
513 
53-2a-607; and
514 
(ii) the Response, Recovery, and Post-disaster Mitigation Restricted Account created
515 
in Section 53-2a-1302;
516 
(d) the division may provide advanced funding from the disaster recovery account to
517 
recognized agents of the state when:
518 
(i) Utah has agreed, through the division, to enact the Emergency Management
519 
Assistance Compact with another member state that has requested assistance
520 
during a declared disaster;
521 
(ii) Utah agrees to provide resources to the requesting member state;
522 
(iii) the agent of the state who represents the requested resource has no other funding
523 
source available at the time of the Emergency Management Assistance Compact
524 
request; and
525 
(iv) the disaster recovery account has a balance of funds available to be utilized while
526 
maintaining a minimum balance of $5,000,000;
527 
(e) to fund up to $500,000 for the governor's emergency appropriations described in
528 
Subsection 63J-1-217(4); and
529 
(f) to pay the state's deductible in the event of an earthquake.
530 
(3) All funding provided in advance to an agent of the state and subsequently reimbursed
531 
shall be credited to the account.
532 
(4) The state treasurer shall invest money in the disaster recovery account according to Title
533 
51, Chapter 7, State Money Management Act.
534 
(5)(a) Except as provided in Subsections (1) and (2), the money in the disaster recovery
535 
account may not be diverted, appropriated, expended, or committed to be expended
536 
for a purpose that is not listed in this section.
537 
(b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money from
- 16 - Enrolled Copy	H.B. 459
538 
the disaster recovery account to eliminate or otherwise reduce an operating deficit if
539 
the money appropriated from the disaster recovery account is expended or committed
540 
to be expended for a purpose other than one listed in this section.
541 
(c) The Legislature may not amend the purposes for which money in the disaster
542 
recovery account may be expended or committed to be expended except by the
543 
affirmative vote of two-thirds of all the members elected to each house.
544 
(6) The division:
545 
(a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
546 
method under the circumstances as determined by the division; and
547 
(b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
548 
Section 9.  Section 53-2a-606 is amended to read:
549 
53-2a-606 . Reporting.
550 
(1) By no later than December 31 of each year, the division shall provide a written report to
551 
the governor and the [Executive Offices and ]Criminal Justice Appropriations
552 
Subcommittee of:
553 
(a) the division's activities under this part;
554 
(b) money expended or committed to be expended in accordance with this part;
555 
(c) the balances in the disaster recovery fund; and
556 
(d) any unexpended balance of appropriations from the disaster recovery fund.
557 
(2)(a) The governor and the Department of Public Safety shall report to the Legislative
558 
Management Committee an expenditure or commitment to expend made in
559 
accordance with Subsection 53-2a-603(2)(a)(ii) or 53-2a-1302(5)(b)(ii).
560 
(b) The governor and the Department of Public Safety shall make the report required by
561 
this Subsection (2) on or before the sooner of:
562 
(i) the day on which the governor calls the Legislature into session; or
563 
(ii) 15 days after the division makes the expenditure or commitment to expend
564 
described in Subsection 53-2a-603(2)(a)(ii) or 53-2a-1302(5)(b)(ii).
565 
(3)(a) Subject to Subsection (3)(b), before the division makes an expenditure or
566 
commitment to expend described in Subsection 53-2a-603(2)(a)(iii) or
567 
53-2a-1302(5)(b)(iii), the governor and the Department of Public Safety shall submit
568 
the expenditure or commitment to expend to the Executive Appropriations
569 
Committee for its review and recommendations.
570 
(b) The Executive Appropriations Committee shall review the expenditure or
571 
commitment to expend and may:
- 17 - H.B. 459	Enrolled Copy
572 
(i) recommend that the division make the expenditure or commitment to expend;
573 
(ii) recommend that the division not make the expenditure or commitment to expend;
574 
or
575 
(iii) recommend to the governor that the governor call a special session of the
576 
Legislature to review and approve or reject the expenditure or commitment to
577 
expend.
578 
Section 10.  Section 53-2a-1302 is amended to read:
579 
53-2a-1302 . Response, Recovery, and Post-disaster Mitigation Restricted
580 
Account.
581 
(1) There is created a restricted account in the General Fund known as the "Response,
582 
Recovery, and Post-disaster Mitigation Restricted Account."
583 
(2) The account consists of:
584 
(a) money appropriated to the account by the Legislature;
585 
(b) money deposited into the account in accordance with Section 63J-1-314;
586 
(c) income and interest derived from the deposit and investment of money in the
587 
account; and
588 
(d) private donations, grants, gifts, bequests, or money made available from any other
589 
source to implement this section.
590 
(3)(a) At the close of a fiscal year, money in the account exceeding $50,000,000,
591 
excluding money granted to the account under Subsection (2)(d), shall be transferred
592 
to the State Disaster Recovery Restricted Account.
593 
(b) Except as provided by Subsection (3)(a), money in the Response, Recovery, and
594 
Post-disaster Mitigation Restricted Account may only be used for the purposes set
595 
forth in this part.
596 (4) Subject to the requirements described in this part, and upon appropriation by the
597 
Legislature, the division may grant money appropriated from the account
598 
      to an affected community for the affected community's disaster response and recovery
599 
efforts as described in Section 53-2a-1303.
600 
(5)(a) Money in the account may only be expended or committed to be expended as
601 
provided in Subsections (5)(b) and (5)(c).
602 
(b) Subject to Section 53-2a-606, in any fiscal year the division may expend or commit
603 
to expend for disaster response and recovery efforts as described in Section
604 
53-2a-1303:
605 
(i) an amount that does not exceed $500,000 in response to a disaster described in
- 18 - Enrolled Copy	H.B. 459
606 
Subsection 53-2a-1303(2)(b);
607 
(ii) an amount that exceeds $500,000 but does not exceed $3,000,000 for a disaster
608 
described in Subsection 53-2a-1303(2)(b) if the division:
609 
(A) before making the expenditure or commitment to expend, obtains approval for
610 
the expenditure or commitment from the governor;
611 
(B) provides written notice of the expenditure or commitment to expend to the
612 
speaker of the House of Representatives, the president of the Senate, the
613 
Division of Finance, the [Executive Offices and ]Criminal Justice
614 
Appropriations Subcommittee, the Legislative Management Committee, and
615 
the Office of the Legislative Fiscal Analyst no later than 72 hours after making
616 
the expenditure or commitment to expend; and
617 
(C) makes the report required by Subsection 53-2a-606(2); and
618 
(iii) an amount that exceeds $3,000,000 but does not exceed $5,000,000, if, before
619 
making the expenditure or commitment to expend, the division:
620 
(A) obtains approval for the expenditure or commitment from the governor; and
621 
(B) submits the expenditure or commitment to expend to the Executive
622 
Appropriations Committee in accordance with Subsection 53-2a-606(3).
623 
(c) Money paid by the division under this part to government entities and private persons
624 
providing emergency disaster services are subject to Title 63G, Chapter 6a, Utah
625 
Procurement Code.
626 
Section 11.  Section 53-8-105 is amended to read:
627 
53-8-105 . Duties of Highway Patrol.
628 
(1) In addition to the duties in this chapter, the Highway Patrol shall:
629 
(a) enforce the state laws and rules governing use of the state highways;
630 
(b) regulate traffic on all highways and roads of the state;
631 
(c) assist the governor in an emergency or at other times at his discretion;
632 
(d) in cooperation with federal, state, and local agencies, enforce and assist in the
633 
enforcement of all state and federal laws related to the operation of a motor carrier on
634 
a highway, including all state and federal rules and regulations;
635 
(e) inspect certain vehicles to determine road worthiness and safe condition as provided
636 
in Section 41-6a-1630;
637 
(f) upon request, assist with any condition of unrest existing or developing on a campus
638 
or related facility of an institution of higher education;
639 
(g) assist the Alcoholic Beverage Services Commission in an emergency to enforce the
- 19 - H.B. 459	Enrolled Copy
640 
state liquor laws;
641 
(h) provide security and protection for both houses of the Legislature while in session as
642 
the speaker of the House of Representatives and the president of the Senate find
643 
necessary;
644 
(i) enforce the state laws and rules governing use of capitol hill; and
645 
(j) carry out the following for the Supreme Court and the Court of Appeals:
646 
(i) provide security and protection to those courts when in session in the capital city
647 
of the state;
648 
(ii) execute orders issued by the courts; and
649 
(iii) carry out duties as directed by the courts.
650 
(2)(a) The division and the department shall annually:
651 
(i) evaluate the inventory of new and existing state highways, in coordination with
652 
relevant local law enforcement agencies, to determine which law enforcement
653 
agency is best suited to patrol and enforce state laws and regulate traffic on each
654 
state highway; and
655 
(ii) before October 1 of each year, report to the Transportation Interim Committee
656 
and the [Executive Offices and ]Criminal Justice Appropriations Subcommittee
657 
regarding:
658 
(A) significant changes to the patrol and enforcement responsibilities resulting
659 
from the evaluation described in Subsection (2)(a)(i); and
660 
(B) any budget request necessary to accommodate additional patrol and
661 
enforcement responsibilities.
662 
(b) The division and the department shall, before July 1 of each year, coordinate with the
663 
Department of Transportation created in Section 72-1-201 regarding patrol and
664 
enforcement responsibilities described in Subsection (2)(a) and incident management
665 
services on state highways.
666 
Section 12.  Section 53-8-214 is amended to read:
667 
53-8-214 . Creation of the Motor Vehicle Safety Impact Restricted Account.
668 
(1) There is created a restricted account within the General Fund known as the Motor
669 
Vehicle Safety Impact Restricted Account.
670 
(2) The account includes:
671 
(a) deposits made to the restricted account from registration fees as described in
672 
Subsection 41-1a-1201(7);
673 
(b) deposits into the account as described in Section 41-1a-1211;
- 20 - Enrolled Copy	H.B. 459
674 
(c) donations or deposits made to the account; and
675 
(d) any interest earned on the account.
676 
(3) Upon appropriation, the division may use funds in the account to improve motor vehicle
677 
safety, mitigate impacts, and enforce safety provisions, including the following:
678 
(a) hiring new Highway Patrol troopers;
679 
(b) payment of overtime for Highway Patrol troopers; and
680 
(c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
681 
(4) The division shall annually report to the [Executive Offices and ]Criminal Justice
682 
Appropriations Subcommittee to justify expenditures and use of funds in the account.
683 
Section 13.  Section 53-10-910 is amended to read:
684 
53-10-910 . Reporting requirement.
685 
      The Department of Public Safety and the Utah Bureau of Forensic Services shall report
686 
by July 31 of each year to the Law Enforcement and Criminal Justice Interim Committee and
687 
the [Executive Offices and ]Criminal Justice Appropriations Subcommittee regarding:
688 
(1) the timelines set for testing all sexual assault kits submitted to the Utah Bureau of
689 
Forensic Services as provided in Subsection 53-10-903(2);
690 
(2) the goals established in Section 53-10-909;
691 
(3) the status of meeting those goals;
692 
(4) the number of sexual assault kits that are sent to the Utah Bureau of Forensic Services
693 
for testing;
694 
(5) the number of restricted kits held by law enforcement;
695 
(6) the number of sexual assault kits that are not processed in accordance with the timelines
696 
established in this part; and
697 
(7) future appropriations requests that will ensure that all DNA cases can be processed
698 
according to the timelines established by this part.
699 
Section 14.  Section 53B-2a-117 is amended to read:
700 
53B-2a-117 . Legislative approval -- Capital development projects --
701 
Prioritization.
702 
(1) As used in this section:
703 
(a) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers
704 
as published by the Bureau of Labor Statistics of the United States Department of
705 
Labor.
706 
(b) "Fund" means the Technical Colleges Capital Projects Fund created in Section
707 
53B-2a-118.
- 21 - H.B. 459	Enrolled Copy
708 
(2) In accordance with this section, a technical college is required to receive legislative
709 
approval in an appropriations act for a dedicated project or a nondedicated project.
710 
(3) In accordance with Section 53B-2a-112, a technical college shall submit to the board a
711 
proposal for a funding request for each dedicated project or nondedicated project for
712 
which the technical college seeks legislative approval.
713 
(4) The board shall:
714 
(a) review each proposal submitted under Subsection (3) to ensure that the proposal
715 
complies with Section 53B-2a-112;
716 
(b) based on the results of the board's review under Subsection (4)(a), create:
717 
(i) a list of approved dedicated projects, prioritized in accordance with Subsection (6);
718 
and
719 
(ii) a list of approved nondedicated projects, prioritized in accordance with
720 
Subsection (6); and
721 
(c) submit the lists described in Subsection (4)(b) to:
722 
(i) the governor;
723 
(ii) the [Infrastructure and General Government] Transportation and Infrastructure
724 
Appropriations Subcommittee;
725 
(iii) the Higher Education Appropriations Subcommittee; and
726 
(iv) the Division of Facilities Construction and Management for a:
727 
(A) recommendation, for the list described in Subsection (4)(b)(i); or
728 
(B) recommendation and prioritization, for the list described in Subsection
729 
(4)(b)(ii).
730 
(5) A dedicated project:
731 
(a) is subject to the recommendation of the Division of Facilities Construction and
732 
Management as described in Section 63A-5b-403; and
733 
(b) is not subject to the prioritization of the Division of Facilities Construction and
734 
Management as described in Section 63A-5b-403.
735 
(6)(a) Subject to Subsection (7), the board shall prioritize funding requests for capital
736 
development projects described in this section based on:
737 
(i) growth and capacity;
738 
(ii) effectiveness and support of critical programs;
739 
(iii) cost effectiveness;
740 
(iv) building deficiencies and life safety concerns; and
741 
(v) alternative funding sources.
- 22 - Enrolled Copy	H.B. 459
742 
(b) The board shall establish:
743 
(i) how the board will measure each factor described in Subsection (6)(a); and
744 
(ii) procedures for prioritizing funding requests for capital development projects
745 
described in this section.
746 
(7)(a) Subject to Subsection (7)(b), and in accordance with Subsection (6), the board
747 
may annually prioritize:
748 
(i) up to three nondedicated projects if the ongoing appropriation to the fund is less
749 
than $7,000,000;
750 
(ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
751 
$7,000,000 but less than $14,000,000; or
752 
(iii) one nondedicated project if the ongoing appropriation to the fund is at least
753 
$14,000,000.
754 
(b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
755 
described in Subsection (7)(a) shall be adjusted by an amount equal to the percentage
756 
difference between:
757 
(i) the Consumer Price Index for the 2019 calendar year; and
758 
(ii) the Consumer Price Index for the previous calendar year.
759 
(8)(a) A technical college may request operations and maintenance funds for a capital
760 
development project approved under this section.
761 
(b) A technical college shall make the request described in Subsection (8)(a) at the same
762 
time the technical college submits the proposal described in Subsection (3).
763 
(c) The Legislature shall consider a technical college's request described in Subsection
764 
(8)(a).
765 
Section 15.  Section 53B-18-1805 is amended to read:
766 
53B-18-1805 . Duties of the project director.
767 
(1) The project director and the steering committee shall consult the following parties in
768 
developing and carrying out the initiative:
769 
(a) representatives of each sector described in the industry advisory board membership
770 
in Subsection 53B-18-1804(1), regardless of whether that sector is actually
771 
represented on the industry advisory board;
772 
(b) institutions of higher education, including institutions of technical education, both
773 
inside and outside this state;
774 
(c) the chairs of the following committees of the Legislature:
775 
(i) the [Infrastructure and General Government] Transportation and Infrastructure
- 23 - H.B. 459	Enrolled Copy
776 
Appropriations Subcommittee;
777 
(ii) the Public Utilities, Energy, and Technology Interim Committee; and
778 
(iii) the Transportation Interim Committee; and
779 
(d) any other persons or entities the steering committee determines are relevant or
780 
necessary to fulfilling the stated mission.
781 
(2) The project director, in consultation with the steering committee and the industry
782 
advisory board, shall lead an outreach and promotional effort to:
783 
(a) build awareness among stakeholders, industry partners, federal agencies, and the
784 
state's congressional delegation of the state's efforts to be a national leader in
785 
electrifying the state's transportation system; and
786 
(b) attract industry partners and industry and federal investment to the state to design,
787 
develop, and deliver systems to promote and implement the initiative.
788 
(3) The project director shall:
789 
(a) oversee the operations of the initiative; and
790 
(b) propose to the steering committee the program budget for the expenditure of funds
791 
appropriated by the Legislature to carry out the duties under this part.
792 
(4)(a) The project director may, in accordance with this part, and subject to this
793 
Subsection (4), expend funds appropriated by the Legislature.
794 
(b)(i) Before October 1, 2023, the project director may not expend more than 25% of
795 
the annual project budget.
796 
(ii) At the first meeting of the steering committee, the project director shall:
797 
(A) provide a detailed account to the steering committee for all expenditures made
798 
before October 1, 2023; and
799 
(B) present a budget proposal for the remainder of the fiscal year ending June 30,
800 
2024.
801 
(iii) Before October 1, 2023, the project director may expend funds for the following
802 
purposes:
803 
(A) establish necessary and time-sensitive groundwork for development of the
804 
vision and strategic objective of the initiative;
805 
(B) acquisition of materials needed for the initiative; and
806 
(C) costs to hire and pay salaries of staff.
807 
(c) Except as described in Subsection (4)(b), the project director:
808 
(i) shall propose an annual budget for the initiative; and
809 
(ii) may not expend funds appropriated to the research center outside of the approved
- 24 - Enrolled Copy	H.B. 459
810 
budget without approval of the steering committee.
811 
Section 16.  Section 53B-18-1806 is amended to read:
812 
53B-18-1806 . Project development and strategic objectives -- Reporting
813 
requirements.
814 
(1)(a) The research center shall develop and define an action plan for the electrification
815 
of transportation infrastructure in this state.
816 
(b) The research center shall provide a report of the action plan that includes:
817 
(i) a description of the ideal electrified transportation system and incremental steps to
818 
implement the action plan over 10-year, 20-year, and 30-year time horizons,
819 
including a description of a transportation system that:
820 
(A) provides intelligent coordination for vehicular traffic and charging
821 
individually and collectively into a dynamically communicative transportation
822 
system that links to and coordinates with the electric grid;
823 
(B) integrates across and supports all modes of transportation and vehicle classes
824 
in complementary ways;
825 
(C) integrates with hydrogen and renewable natural gas generation, storage, grid
826 
support, and fuel cell vehicles in complementary ways; and
827 
(D) provides improved air quality, reduced cost to move people and goods, and
828 
new jobs and economic growth in the state;
829 
(ii) strategic objectives in each element of the action plan above that are necessary to
830 
realize the action plan;
831 
(iii) an initial description of changes needed to realize the action plan in each of the
832 
following sectors across the ecosystem:
833 
(A) electrical power generation, distribution, and utility-scale energy storage
834 
infrastructure and capacity, including reliability, cost, and availability
835 
standards;
836 
(B) interconnected smart charging infrastructure, intelligent transportation
837 
systems, control systems, and communications systems to facilitate the
838 
transition to electrified transportation;
839 
(C) private surface transportation, including passenger vehicles, freight trucks, and
840 
freight trains;
841 
(D) public surface transportation, including passenger vehicles, buses, and trains;
842 
(E) air transportation, including private commercial aircraft and unmanned aircraft
843 
systems;
- 25 - H.B. 459	Enrolled Copy
844 
(F) vehicles that operate off-highway, including construction, mining, and
845 
agriculture;
846 
(G) charging technology, solutions, and systems, including charging stations and
847 
shared use of infrastructure across modes of transportation and vehicle classes;
848 
(H) workforce, including analysis of the capacity and types of education,
849 
vocations, trades, and certifications necessary in each relevant sector to
850 
develop the local workforce needed to accomplish the vision; and
851 
(I) any other sector that the steering committee determines is substantially
852 
necessary to fulfilling the stated mission;
853 
(iv) identification of key gaps in the ecosystem from the sectors and industries
854 
described in this Subsection (1)(b) that serve as priorities for near term innovation
855 
and investment;
856 
(v) evaluation of risk and vulnerability of relevant supply chains, including natural
857 
resources to ensure stability and availability; and
858 
(vi) an accounting of funds appropriated to or received by the research center, and
859 
any expenditure of those funds.
860 
(c) Before August 1, 2024, the research center shall report on the action plan described
861 
in this Subsection (1) to the [Infrastructure and General Government] Transportation
862 
and Infrastructure Appropriations Subcommittee of the Legislature.
863 
(2) Beginning in 2025, before August 1 of each year, the research center shall provide an
864 
annual report to the [Infrastructure and General Government] Transportation and
865 
Infrastructure Appropriations Subcommittee of the Legislature, including:
866 
(a) an updated and prioritized list of strategic objectives identified in the initial report
867 
described in Subsection (1)(b);
868 
(b) any actionable goals established or recommended by the research center;
869 
(c) a prioritized list of steps to accomplish the goals and strategic objectives identified
870 
by the research center;
871 
(d) metrics to measure the effectiveness of any goals or strategic objectives and related
872 
analysis;
873 
(e) the research center's progress and effort in developing a long-range strategy for
874 
implementation of the action plan;
875 
(f) the research center's efforts in and results of outreach to relevant industry,
876 
government, and investment sectors;
877 
(g) any recommendations on potential legislation to implement the action plan; and
- 26 - Enrolled Copy	H.B. 459
878 
(h) an accounting of funds appropriated to or received by the research center, and any
879 
expenditure of those funds.
880 
(3) Before November 30, 2027, the Transportation Interim Committee shall consider
881 
whether to continue the initiative as described in this part or allow the repeal of this part
882 
as described in Section 63I-1-253.
883 
Section 17.  Section 53B-20-104 is amended to read:
884 
53B-20-104 . Buildings and facilities -- Board approval of construction and
885 
purchases -- Rules.
886 
(1) The board shall approve all new construction, repair, or purchase of educational and
887 
general buildings and facilities financed from any source at all institutions subject to the
888 
jurisdiction of the board.
889 
(2) An institution may not submit plans or specifications to the Division of Facilities
890 
Construction and Management for the construction or alteration of buildings, structures,
891 
or facilities or for the purchases of equipment or fixtures for the structure without the
892 
authorization of the board.
893 
(3) The board shall make rules establishing the conditions under which facilities may be
894 
eligible to request state funds for operations and maintenance.
895 
(4) Before approving the purchase of a building, the board shall:
896 
(a) determine whether or not the building will be eligible for state funds for operations
897 
and maintenance by applying the rules adopted under Subsection (3); and
898 
(b) if the annual request for state funding for operations and maintenance will be greater
899 
than $100,000, notify the speaker of the House, the president of the Senate, and the
900 
cochairs of the [Infrastructure and General Government subcommittee of the
901 
Legislature's Joint Appropriation Committee] Transportation and Infrastructure
902 
Appropriations Subcommittee.
903 
Section 18.  Section 53B-22-204 is amended to read:
904 
53B-22-204 . Funding request for capital development project -- Legislative
905 
approval -- Board prioritization, approval, and review.
906 
(1) In accordance with this section, an institution is required to receive legislative approval
907 
in an appropriations act for a dedicated project or a nondedicated project.
908 
(2) An institution shall submit to the board a proposal for a funding request for each
909 
dedicated project or nondedicated project for which the institution seeks legislative
910 
approval.
911 
(3) The board shall:
- 27 - H.B. 459	Enrolled Copy
912 
(a) review each proposal submitted under Subsection (2) to ensure the proposal:
913 
(i) is cost effective and an efficient use of resources;
914 
(ii) is consistent with the institution's mission and master plan; and
915 
(iii) fulfills a critical institutional facility need;
916 
(b) based on the results of the board's review under Subsection (3)(a), create:
917 
(i) a list of approved dedicated projects; and
918 
(ii) a list of approved nondedicated projects, prioritized in accordance with
919 
Subsection (5); and
920 
(c) submit the lists described in Subsection (3)(b) to:
921 
(i) the governor;
922 
(ii) the [Infrastructure and General Government] Transportation and Infrastructure
923 
Appropriations Subcommittee;
924 
(iii) the Higher Education Appropriations Subcommittee; and
925 
(iv) the Division of Facilities Construction and Management for a:
926 
(A) recommendation, for the list described in Subsection (3)(b)(i); or
927 
(B) recommendation and prioritization, for the list described in Subsection
928 
(3)(b)(ii).
929 
(4) A dedicated project:
930 
(a) is subject to the recommendation of the Division of Facilities Construction and
931 
Management as described in Section 63A-5b-403; and
932 
(b) is not subject to the prioritization of the Division of Facilities Construction and
933 
Management as described in Section 63A-5b-403.
934 
(5)(a) Subject to Subsection (6), the board shall prioritize institution requests for funding
935 
for nondedicated projects based on:
936 
(i) capital facility need;
937 
(ii) utilization of facilities;
938 
(iii) maintenance and condition of facilities; and
939 
(iv) any other factor determined by the board.
940 
(b) On or before August 1, 2019, the board shall establish how the board will prioritize
941 
institution requests for funding for nondedicated projects, including:
942 
(i) how the board will measure each factor described in Subsection (5)(a); and
943 
(ii) procedures for prioritizing requests.
944 
(6)(a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board
945 
may annually prioritize:
- 28 - Enrolled Copy	H.B. 459
946 
(i) up to three nondedicated projects if the ongoing appropriation to the fund is less
947 
than $50,000,000;
948 
(ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
949 
$50,000,000 but less than $100,000,000; or
950 
(iii) one nondedicated project if the ongoing appropriation to the fund is at least
951 
$100,000,000.
952 
(b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
953 
described in Subsection (6)(a) shall be adjusted by an amount equal to the percentage
954 
difference between:
955 
(i) the Consumer Price Index for the 2019 calendar year; and
956 
(ii) the Consumer Price Index for the previous calendar year.
957 
(7)(a) An institution may request operations and maintenance funds for a capital
958 
development project approved under this section.
959 
(b) An institution shall make the request described in Subsection (7)(a) at the same time
960 
the institution submits the proposal described in Subsection (2).
961 
(c) The Legislature shall consider an institution's request described in Subsection (7)(a).
962 
(8) After an institution completes a capital development project described in this section,
963 
the board shall review the capital development project, including the costs and design of
964 
the capital development project.
965 
Section 19.  Section 58-55-104 is amended to read:
966 
58-55-104 . Electrician Education Fund.
967 
(1) There is created an expendable special revenue fund known as the Electrician Education
968 
Fund.
969 
(2) The fund consists of money from a surcharge fee, established by the division in
970 
accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement
971 
licensure fees for an apprentice electrician, journeyman electrician, master electrician,
972 
residential journeyman electrician, and residential master electrician.
973 
(3) The surcharge fee described in Subsection (2) may not be more than $5.
974 
(4) The fund shall earn interest and all interest earned on fund money shall be deposited
975 
into the fund.
976 
(5) The director may, with the concurrence of the commission, make distributions from the
977 
fund for the following purposes:
978 
(a) education and training of licensees under this chapter who are practicing in the
979 
electrical trade; and
- 29 - H.B. 459	Enrolled Copy
980 
(b) education and training of other licensees under this chapter or the public in matters
981 
concerning electrical laws and practices.
982 
(6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the excess
983 
amount shall be transferred to the General Fund.
984 
(7) The division shall report annually to the [Business, Economic Development, and Labor] 
985 
General Government Appropriations Subcommittee regarding the balance in the fund
986 
and how the fund is being used.
987 
Section 20.  Section 58-55-105 is amended to read:
988 
58-55-105 . Plumber Education Fund.
989 
(1) There is created an expendable special revenue fund known as the Plumber Education
990 
Fund.
991 
(2) The fund consists of money from a surcharge fee, established by the division in
992 
accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement
993 
licensure fees for apprentice plumbers, journeyman plumbers, master plumbers,
994 
residential journeyman plumbers, and residential master plumbers.
995 
(3) The surcharge fee described in Subsection (2) may not be more than $5.
996 
(4) The fund shall earn interest and all interest earned on fund money shall be deposited
997 
into the fund.
998 
(5) The director may, with the concurrence of the commission, make distributions from the
999 
fund for the following purposes:
1000 
(a) education and training of licensees under this chapter who are licensed in the
1001 
professions described in Subsection (2); and
1002 
(b) education and training of other licensees under this chapter or the public in matters
1003 
concerning plumbing laws and practices.
1004 
(6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the excess
1005 
amount shall be transferred to the General Fund.
1006 
(7) The division shall report annually to the [Business, Economic Development, and Labor] 
1007 
General Government Appropriations Subcommittee regarding the balance in the fund
1008 
and how the fund is being used.
1009 
Section 21.  Section 59-21-2 is amended to read:
1010 
59-21-2 . Mineral Bonus Account created -- Contents -- Use of Mineral Bonus
1011 
Account money -- Mineral Lease Account created -- Contents -- Appropriation of money
1012 
from Mineral Lease Account.
1013 
(1)(a) There is created a restricted account within the General Fund known as the
- 30 - Enrolled Copy	H.B. 459
1014 
"Mineral Bonus Account."
1015 
(b) The Mineral Bonus Account consists of federal mineral lease bonus payments
1016 
deposited pursuant to Subsection 59-21-1(3).
1017 
(c) The Legislature shall make appropriations from the Mineral Bonus Account in
1018 
accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C.
1019 
Sec. 191.
1020 
(d) The state treasurer shall:
1021 
(i) invest the money in the Mineral Bonus Account by following the procedures and
1022 
requirements of Title 51, Chapter 7, State Money Management Act; and
1023 
(ii) deposit all interest or other earnings derived from the account into the Mineral
1024 
Bonus Account.
1025 
(e) The Division of Finance shall, beginning on July 1, 2017, annually deposit 30% of
1026 
mineral lease bonus payments deposited under Subsection (1)(b) from the previous
1027 
fiscal year into the Wildland Fire Suppression Fund created in Section 65A-8-204, up
1028 
to $2,000,000 but not to exceed 20% of the amount expended in the previous fiscal
1029 
year from the Wildland Fire Suppression Fund.
1030 
(2)(a) There is created a restricted account within the General Fund known as the
1031 
"Mineral Lease Account."
1032 
(b) The Mineral Lease Account consists of federal mineral lease money deposited
1033 
pursuant to Subsection 59-21-1(1).
1034 
(c) The Legislature shall make appropriations from the Mineral Lease Account as
1035 
provided in Subsection 59-21-1(1) and this Subsection (2).
1036 
(d) The Legislature shall annually appropriate 32.5% of all deposits made to the Mineral
1037 
Lease Account to the Permanent Community Impact Fund established by Section
1038 
35A-8-303.
1039 
(e) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
1040 
Lease Account to the State Board of Education, to be used for education research and
1041 
experimentation in the use of staff and facilities designed to improve the quality of
1042 
education in Utah.
1043 
(f) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
1044 
Lease Account to the Utah Geological Survey Restricted Account, created in Section
1045 
79-3-403, to be used by the Utah Geological Survey for activities carried on by the
1046 
Utah Geological Survey having as a purpose the development and exploitation of
1047 
natural resources in the state.
- 31 - H.B. 459	Enrolled Copy
1048 
(g) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
1049 
Lease Account to the Water Research Laboratory at Utah State University, to be used
1050 
for activities carried on by the laboratory having as a purpose the development and
1051 
exploitation of water resources in the state.
1052 
(h)(i) The Legislature shall annually appropriate to the Division of Finance 40% of
1053 
all deposits made to the Mineral Lease Account to be distributed as provided in
1054 
Subsection (2)(h)(ii) to:
1055 
(A) counties;
1056 
(B) special service districts established:
1057 
(I) by counties;
1058 
(II) under Title 17D, Chapter 1, Special Service District Act; and
1059 
(III) for the purpose of constructing, repairing, or maintaining roads; or
1060 
(C) special service districts established:
1061 
(I) by counties;
1062 
(II) under Title 17D, Chapter 1, Special Service District Act; and
1063 
(III) for other purposes authorized by statute.
1064 
(ii) The Division of Finance shall allocate the funds specified in Subsection (2)(h)(i):
1065 
(A) in amounts proportionate to the amount of mineral lease money generated by
1066 
each county; and
1067 
(B) to a county or special service district established by a county under Title 17D,
1068 
Chapter 1, Special Service District Act, as determined by the county legislative
1069 
body.
1070 
(i)(i) The Legislature shall annually appropriate 5% of all deposits made to the
1071 
Mineral Lease Account to the Department of Workforce Services to be distributed
1072 
to:
1073 
(A) special service districts established:
1074 
(I) by counties;
1075 
(II) under Title 17D, Chapter 1, Special Service District Act; and
1076 
(III) for the purpose of constructing, repairing, or maintaining roads; or
1077 
(B) special service districts established:
1078 
(I) by counties;
1079 
(II) under Title 17D, Chapter 1, Special Service District Act; and
1080 
(III) for other purposes authorized by statute.
1081 
(ii) The Department of Workforce Services may distribute the amounts described in
- 32 - Enrolled Copy	H.B. 459
1082 
Subsection (2)(i)(i) only to special service districts established under Title 17D,
1083 
Chapter 1, Special Service District Act, by counties:
1084 
(A) of the third, fourth, fifth, or sixth class;
1085 
(B) in which 4.5% or less of the mineral lease money within the state is generated;
1086 
and
1087 
(C) that are significantly socially or economically impacted as provided in
1088 
Subsection (2)(i)(iii) by the development of minerals under the Mineral Lands
1089 
Leasing Act, 30 U.S.C. Sec. 181 et seq.
1090 
(iii) The significant social or economic impact required under Subsection (2)(i)(ii)(C)
1091 
shall be as a result of:
1092 
(A) the transportation within the county of hydrocarbons, including solid
1093 
hydrocarbons as defined in Section 59-5-101;
1094 
(B) the employment of persons residing within the county in hydrocarbon
1095 
extraction, including the extraction of solid hydrocarbons as defined in Section
1096 
59-5-101; or
1097 
(C) a combination of Subsections (2)(i)(iii)(A) and (B).
1098 
(iv) For purposes of distributing the appropriations under this Subsection (2)(i) to
1099 
special service districts established by counties under Title 17D, Chapter 1,
1100 
Special Service District Act, the Department of Workforce Services shall:
1101 
(A)(I) allocate 50% of the appropriations equally among the counties meeting
1102 
the requirements of Subsections (2)(i)(ii) and (iii); and
1103 
(II) allocate 50% of the appropriations based on the ratio that the population of
1104 
each county meeting the requirements of Subsections (2)(i)(ii) and (iii)
1105 
bears to the total population of all of the counties meeting the requirements
1106 
of Subsections (2)(i)(ii) and (iii); and
1107 
(B) after making the allocations described in Subsection (2)(i)(iv)(A), distribute
1108 
the allocated revenues to special service districts established by the counties
1109 
under Title 17D, Chapter 1, Special Service District Act, as determined by the
1110 
executive director of the Department of Workforce Services after consulting
1111 
with the county legislative bodies of the counties meeting the requirements of
1112 
Subsections (2)(i)(ii) and (iii).
1113 
(v) The executive director of the Department of Workforce Services:
1114 
(A) shall determine whether a county meets the requirements of Subsections
1115 
(2)(i)(ii) and (iii);
- 33 - H.B. 459	Enrolled Copy
1116 
(B) shall distribute the appropriations under Subsection (2)(i)(i) to special service
1117 
districts established by counties under Title 17D, Chapter 1, Special Service
1118 
District Act, that meet the requirements of Subsections (2)(i)(ii) and (iii); and
1119 
(C) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1120 
may make rules:
1121 
(I) providing a procedure for making the distributions under this Subsection
1122 
(2)(i) to special service districts; and
1123 
(II) defining the term "population" for purposes of Subsection (2)(i)(iv).
1124 
(j)(i) The Legislature shall annually make the following appropriations from the
1125 
Mineral Lease Account:
1126 
(A) an amount equal to 52 cents multiplied by the number of acres of school or
1127 
institutional trust lands, lands owned by the Division of State Parks or the
1128 
Division of Outdoor Recreation, and lands owned by the Division of Wildlife
1129 
Resources that are not under an in lieu of taxes contract, to each county in
1130 
which those lands are located;
1131 
(B) to each county in which school or institutional trust lands are transferred to the
1132 
federal government after December 31, 1992, an amount equal to the number
1133 
of transferred acres in the county multiplied by a payment per acre equal to the
1134 
difference between 52 cents per acre and the per acre payment made to that
1135 
county in the most recent payment under the federal payment in lieu of taxes
1136 
program, 31 U.S.C. Sec. 6901 et seq., unless the federal payment was equal to
1137 
or exceeded the 52 cents per acre, in which case a payment under this
1138 
Subsection (2)(j)(i)(B) may not be made for the transferred lands;
1139 
(C) to each county in which federal lands, which are entitlement lands under the
1140 
federal in lieu of taxes program, are transferred to the school or institutional
1141 
trust, an amount equal to the number of transferred acres in the county
1142 
multiplied by a payment per acre equal to the difference between the most
1143 
recent per acre payment made under the federal payment in lieu of taxes
1144 
program and 52 cents per acre, unless the federal payment was equal to or less
1145 
than 52 cents per acre, in which case a payment under this Subsection
1146 
(2)(j)(i)(C) may not be made for the transferred land; and
1147 
(D) to a county of the fifth or sixth class, an amount equal to the product of:
1148 
(I) $1,000; and
1149 
(II) the number of residences described in Subsection (2)(j)(iv) that are located
- 34 - Enrolled Copy	H.B. 459
1150 
within the county.
1151 
(ii) A county receiving money under Subsection (2)(j)(i) may, as determined by the
1152 
county legislative body, distribute the money or a portion of the money to:
1153 
(A) special service districts established by the county under Title 17D, Chapter 1,
1154 
Special Service District Act;
1155 
(B) school districts; or
1156 
(C) public institutions of higher education.
1157 
(iii)(A) Beginning in fiscal year 1994-95 and in each year after fiscal year
1158 
1994-95, the Division of Finance shall increase or decrease the amounts per
1159 
acre provided for in Subsections (2)(j)(i)(A) through (C) by the average annual
1160 
change in the Consumer Price Index for all urban consumers published by the
1161 
Department of Labor.
1162 
(B) For fiscal years beginning on or after fiscal year 2001-02, the Division of
1163 
Finance shall increase or decrease the amount described in Subsection
1164 
(2)(j)(i)(D)(I) by the average annual change in the Consumer Price Index for
1165 
all urban consumers published by the Department of Labor.
1166 
(iv) Residences for purposes of Subsection (2)(j)(i)(D)(II) are residences that are:
1167 
(A) owned by:
1168 
(I) the Division of State Parks;
1169 
(II) the Division of Outdoor Recreation; or
1170 
(III) the Division of Wildlife Resources;
1171 
(B) located on lands that are owned by:
1172 
(I) the Division of State Parks;
1173 
(II) the Division of Outdoor Recreation; or
1174 
(III) the Division of Wildlife Resources; and
1175 
(C) are not subject to taxation under:
1176 
(I) Chapter 2, Property Tax Act; or
1177 
(II) Chapter 4, Privilege Tax.
1178 
(k) The Legislature shall annually appropriate to the Permanent Community Impact
1179 
Fund all deposits remaining in the Mineral Lease Account after making the
1180 
appropriations provided for in Subsections (2)(d) through (j).
1181 
(3)(a) Each agency, board, institution of higher education, and political subdivision
1182 
receiving money under this chapter shall provide the Legislature, through the Office
1183 
of the Legislative Fiscal Analyst, with a complete accounting of the use of that
- 35 - H.B. 459	Enrolled Copy
1184 
money on an annual basis.
1185 
(b) The accounting required under Subsection (3)(a) shall:
1186 
(i) include actual expenditures for the prior fiscal year, budgeted expenditures for the
1187 
current fiscal year, and planned expenditures for the following fiscal year; and
1188 
(ii) be reviewed by the [Business, Economic Development, and Labor] Economic and
1189 
Community Development Appropriations Subcommittee as part of its normal
1190 
budgetary process under Title 63J, Chapter 1, Budgetary Procedures Act.
1191 
Section 22.  Section 63A-5b-404 is amended to read:
1192 
63A-5b-404 . Exceptions to requirement of legislative approval for capital
1193 
development projects.
1194 
(1)(a) Except as provided in this section, a capital development project may not be
1195 
constructed on state property without legislative approval.
1196 
(b) The division may authorize a capital development project on state property without
1197 
legislative approval only as provided in this section.
1198 
(2)(a) Legislative approval is not required for a capital development project that consists
1199 
of the design or construction of a new facility if:
1200 
(i) the division determines that the requesting agency has provided adequate
1201 
assurance that state funds will not be used for the design or construction of the
1202 
facility;
1203 
(ii) the agency provides to the division a written document, signed by the head of the
1204 
agency:
1205 
(A) stating that funding or a revenue stream is in place, or will be in place before
1206 
the project is completed, to ensure that increased state funding will not be
1207 
required to cover the cost of operations and maintenance for the resulting
1208 
facility or for immediate or future capital improvements; and
1209 
(B) detailing the source of the funding that will be used for the cost of operations
1210 
and maintenance and for immediate and future capital improvements to the
1211 
resulting facility; and
1212 
(iii) the division determines that the use of the state property:
1213 
(A) is appropriate and consistent with the master plan for the property; and
1214 
(B) will not create an adverse impact on the state.
1215 
(b) For a facility constructed without legislative approval under Subsection (2)(a), an
1216 
agency may not request:
1217 
(i) increased state funds for operations and maintenance; or
- 36 - Enrolled Copy	H.B. 459
1218 
(ii) increased state capital improvement funding.
1219 
(3) Legislative approval is not required for:
1220 
(a) a facility:
1221 
(i) to be built with funds other than state funds and owned by an entity other than a
1222 
state entity; and
1223 
(ii) that is within a research park area at the University of Utah or Utah State
1224 
University;
1225 
(b) a facility to be built at This is the Place State Park by the This is the Place
1226 
Foundation with funds of the This is the Place Foundation or with donated services or
1227 
materials and that may include grant money from the state;
1228 
(c) a project that:
1229 
(i) is funded by the Uintah Basin Revitalization Fund or the Navajo Revitalization
1230 
Fund; and
1231 
(ii) does not provide a new facility for an agency or institution of higher education; or
1232 
(d) a project on school and institutional trust lands that:
1233 
(i) is funded by the trust lands administration from the Land Grant Management
1234 
Fund; and
1235 
(ii) does not fund construction of a new facility for an agency or institution of higher
1236 
education.
1237 
(4)(a) Legislative approval is not required for a capital development project to be built
1238 
for the Department of Transportation resulting from:
1239 
(i) an exchange of real property under Section 72-5-111; or
1240 
(ii) a sale or exchange of real property from a maintenance facility if the proceeds
1241 
from the sale of the real property are used for, or the real property is exchanged
1242 
for:
1243 
(A) real property for another maintenance facility; or
1244 
(B) another maintenance facility, including improvements for a maintenance
1245 
facility.
1246 
(b) If the Department of Transportation approves a sale or exchange under Subsection
1247 
(4)(a) for a capital development project subject to the board's approval, the
1248 
Department of Transportation shall notify the president of the Senate, the speaker of
1249 
the House of Representatives, and the cochairs of the [Infrastructure and General
1250 
Government] Transportation and Infrastructure Appropriations Subcommittee of the
1251 
Legislature's Joint Appropriations Committee about any new facilities to be built or
- 37 - H.B. 459	Enrolled Copy
1252 
improved.
1253 
Section 23.  Section 63A-5b-407 is amended to read:
1254 
63A-5b-407 . State Agency Capital Development Fund -- Creation -- Process.
1255 
(1)(a) There is created a capital projects fund known as the State Agency Capital
1256 
Development Fund.
1257 
(b) The State Agency Capital Development Fund and this section do not apply to an
1258 
institution of higher education.
1259 
(2) The State Agency Capital Development Fund is funded from the following sources:
1260 
(a) one-time appropriations made to the State Agency Capital Development Fund by the
1261 
Legislature;
1262 
(b) ongoing appropriations made by the Legislature; or
1263 
(c) revenue received from the sale, lease, or disposition of any state agency building or
1264 
property associated with the implementation of the Statewide Master Plan for State
1265 
Agencies as described in Subsection (7).
1266 
(3) Subject to Subsection (4), and subject to appropriation by the Legislature, the division
1267 
may use the money deposited into the State Agency Capital Development Fund for
1268 
capital development projects, capital improvement projects, and to design, renovate, or
1269 
construct facilities for state agencies.
1270 
(4)(a) Before the division spends or commits money from the State Agency Capital
1271 
Development Fund, in accordance with Sections 63A-5b-402, 63A-5b-405, and
1272 
63A-5b-501, the division shall present to the [Infrastructure and General Government] 
1273 
Transportation and Infrastructure Appropriations Subcommittee:
1274 
(i) a description of each project for which the division will spend the money; and
1275 
(ii) the amount of money needed for each project.
1276 
(b) Following a presentation described in Subsection (4)(a), the [Infrastructure and
1277 
General Government] Transportation and Infrastructure Appropriations Subcommittee
1278 
shall recommend to the Legislature appropriations of money from the State Agency
1279 
Capital Development Fund to the division for approved projects in the division's plan.
1280 
(c) In accordance with this section, the division is required to receive legislative
1281 
approval through an appropriations act in order to expend money in the State Agency
1282 
Capital Development Fund for a capital development project.
1283 
(5) In the 2024 General Session of the Legislature, and each year thereafter, and in
1284 
accordance with Sections 63A-5b-402, 63A-5b-405, and 63A-5b-501, the division shall
1285 
present a five-year building plan to the [Infrastructure and General Government] 
- 38 - Enrolled Copy	H.B. 459
1286 
Transportation and Infrastructure Appropriations Subcommittee that describes the
1287 
division's anticipated plan for designing, renovating, or building state agency facilities.
1288 
(6) The division may not submit a request to the [Infrastructure and General Government] 
1289 
Transportation and Infrastructure Appropriations Subcommittee for funding from the
1290 
State Agency Capital Development Fund unless:
1291 
(a) the project complies with the Statewide Master Plan for State Agencies; and
1292 
(b) the division first obtains approval from the Governor's Office of Planning and
1293 
Budget.
1294 
(7) If a building is vacated by an agency and the agency moves to another building,
1295 
proceeds from the sale or lease of the vacated building:
1296 
(a) may not be used by the agency or otherwise absorbed into the agency's budget; and
1297 
(b) shall be deposited into the State Agency Capital Development Fund described in this
1298 
section.
1299 
Section 24.  Section 63A-5b-912 is amended to read:
1300 
63A-5b-912 . Report to Transportation and Infrastructure Appropriations
1301 
Subcommittee.
1302 
      The division shall, on or before the third Wednesday in November of every
1303 
even-numbered year, present a written report to the [Infrastructure and General Government] 
1304 
Transportation and Infrastructure Appropriations Subcommittee that identifies state land and
1305 
buildings that are no longer needed and can be sold by the state.
1306 
Section 25.  Section 63A-5b-1002 is amended to read:
1307 
63A-5b-1002 . State Building Energy Efficiency Program.
1308 
(1) The division shall:
1309 
(a) develop and administer the energy efficiency program, which shall include
1310 
guidelines and procedures to improve energy efficiency in the maintenance and
1311 
management of state facilities;
1312 
(b) provide information and assistance to agencies in the agencies' efforts to improve
1313 
energy efficiency in state facilities;
1314 
(c) analyze energy consumption by agencies to identify opportunities for improved
1315 
energy efficiency;
1316 
(d) establish an advisory group composed of representatives of agencies to provide
1317 
information and assistance in the development and implementation of the energy
1318 
efficiency program; and
1319 
(e) submit to the governor and to the [Infrastructure and General Government] 
- 39 - H.B. 459	Enrolled Copy
1320 
Transportation and Infrastructure Appropriations Subcommittee of the Legislature an
1321 
annual report that:
1322 
(i) identifies strategies for long-term improvement in energy efficiency;
1323 
(ii) identifies goals for energy conservation for the upcoming year; and
1324 
(iii) details energy management programs and strategies that were undertaken in the
1325 
previous year to improve the energy efficiency of agencies and the energy savings
1326 
achieved.
1327 
(2) Each agency shall:
1328 
(a) designate a staff member that is responsible for coordinating energy efficiency
1329 
efforts within the agency with assistance from the division;
1330 
(b) provide energy consumption and costs information to the division;
1331 
(c) develop strategies for improving energy efficiency and reducing energy costs; and
1332 
(d) provide the division with information regarding the agency's energy efficiency and
1333 
reduction strategies.
1334 
(3)(a) An agency may enter into a performance efficiency agreement for a term of up to
1335 
20 years.
1336 
(b) Before entering into a performance efficiency agreement, the agency shall:
1337 
(i) utilize the division to oversee the project unless the project is exempt from the
1338 
division's oversight or the oversight is delegated to the agency under the
1339 
provisions of Section 63A-5b-701;
1340 
(ii) obtain the prior approval of the governor or the governor's designee; and
1341 
(iii) provide the Office of the Legislative Fiscal Analyst with a copy of the proposed
1342 
agreement before the agency enters into the agreement.
1343 
(4) An agency may consult with the energy efficiency program manager within the division
1344 
regarding:
1345 
(a) the cost effectiveness of energy efficiency measures; and
1346 
(b) ways to measure energy savings that take into account fluctuations in energy costs
1347 
and temperature.
1348 
(5)(a) Except as provided under Subsection (5)(c) and subject to future budget
1349 
constraints, the Legislature may not remove energy savings from an agency's
1350 
appropriation.
1351 
(b) An agency shall use energy savings to:
1352 
(i) fund the cost of the energy efficiency measures; and
1353 
(ii) if funds are available after meeting the requirements of Subsection (5)(b)(i), fund
- 40 - Enrolled Copy	H.B. 459
1354 
and implement new energy efficiency measures.
1355 
(c) The Legislature may remove energy savings if:
1356 
(i) an agency has complied with Subsection (5)(b)(i); and
1357 
(ii) no new cost-effective energy efficiency measure is available for implementation.
1358 
Section 26.  Section 63A-13-502 is amended to read:
1359 
63A-13-502 . Report and recommendations to governor and General Government
1360 
Appropriations Subcommittee.
1361 
(1) The inspector general of Medicaid services shall, on an annual basis, prepare an
1362 
electronic report on the activities of the office for the preceding fiscal year.
1363 
(2) The report shall include:
1364 
(a) non-identifying information, including statistical information, on:
1365 
(i) the items described in Subsection 63A-13-202(1)(b) and Section 63A-13-204;
1366 
(ii) action taken by the office and the result of that action;
1367 
(iii) fraud, waste, and abuse in the state Medicaid program, including emerging trends
1368 
of Medicaid fraud, waste, and abuse and the office's actions to identify and
1369 
address the emerging trends;
1370 
(iv) the recovery of fraudulent or improper use of state and federal Medicaid funds,
1371 
including total dollars recovered through cash recovery, credit adjustments, and
1372 
rebilled claims;
1373 
(v) measures taken by the state to discover and reduce fraud, waste, and abuse in the
1374 
state Medicaid program;
1375 
(vi) audits conducted by the office, including performance and financial audits;
1376 
(vii) investigations conducted by the office and the results of those investigations,
1377 
including preliminary investigations;
1378 
(viii) administrative and educational efforts made by the office and the division to
1379 
improve compliance with Medicaid program policies and requirements;
1380 
(ix) total cost avoidance attributed to an office policy or action;
1381 
(x) the number of complaints against Medicaid recipients received and disposition of
1382 
those complaints;
1383 
(xi) the number of educational activities that the office provided to a provider or a
1384 
state agency;
1385 
(xii) the number of credible allegations of fraud referred to the Medicaid fraud
1386 
control unit under Section 63A-13-501; and
1387 
(xiii) the number of data pulls performed and general results of those pulls;
- 41 - H.B. 459	Enrolled Copy
1388 
(b) recommendations on action that should be taken by the Legislature or the governor
1389 
to:
1390 
(i) improve the discovery and reduction of fraud, waste, and abuse in the state
1391 
Medicaid program;
1392 
(ii) improve the recovery of fraudulently or improperly used Medicaid funds; and
1393 
(iii) reduce costs and avoid or minimize increased costs in the state Medicaid
1394 
program;
1395 
(c) recommendations relating to rules, policies, or procedures of a state or local
1396 
government entity; and
1397 
(d) services provided by the state Medicaid program that exceed industry standards.
1398 
(3) The report described in Subsection (1) may not include any information that would
1399 
interfere with or jeopardize an ongoing criminal investigation or other investigation.
1400 
(4) On or before November 1 of each year, the inspector general of Medicaid services shall
1401 
provide the electronic report described in Subsection (1) to the [Infrastructure and
1402 
General Government] General Government Appropriations Subcommittee of the
1403 
Legislature and to the governor.
1404 
Section 27.  Section 63A-16-302.1 is amended to read:
1405 
63A-16-302.1 . Reporting on consolidation of certain information technology
1406 
services.
1407 
(1) The division shall, in collaboration with the Cybersecurity Commission created in
1408 
Section 63C-27-201, identify opportunities, limitations, and barriers to enhancing the
1409 
overall cybersecurity resilience of the state by consolidating:
1410 
(a) certain information technology services utilized by governmental entities; and
1411 
(b) to the extent feasible, the information technology networks that are operated or
1412 
utilized by governmental entities.
1413 
(2) On or before November 15, 2023, the division shall report the information described in
1414 
Subsection (1) to:
1415 
(a) the Government Operations Interim Committee;
1416 
(b) the [Infrastructure and General Government] General Government Appropriations
1417 
Subcommittee; and
1418 
(c) the Cybersecurity Commission created in Section 63C-27-201.
1419 
Section 28.  Section 63H-7a-206 is amended to read:
1420 
63H-7a-206 . Required annual reporting and strategic plan.
1421 
(1) The authority shall create, maintain, and review annually a statewide, comprehensive
- 42 - Enrolled Copy	H.B. 459
1422 
multiyear strategic plan, in consultation with state and local stakeholders, the PSAP
1423 
advisory committee, and the public safety advisory committee, that:
1424 
(a) coordinates the authority's activities and duties in the:
1425 
(i) 911 Division;
1426 
(ii) Radio Network Division;
1427 
(iii) Interoperability Division; and
1428 
(iv) Administrative Services Division; and
1429 
(b) includes:
1430 
(i) a plan for maintaining, upgrading, and expanding the public safety
1431 
communications network, including microwave and fiber optics based systems;
1432 
(ii) a plan for statewide interoperability;
1433 
(iii) a plan for statewide coordination;
1434 
(iv) radio network coverage maps; and
1435 
(v) FirstNet standards.
1436 
(2) The executive director shall update the strategic plan described in Subsection (1) before
1437 
July 1 of each year.
1438 
(3) The executive director shall, before December 1 of each year, report on the strategic
1439 
plan described in Subsection (1) to:
1440 
(a) the board;
1441 
(b) the [Executive Offices and ]Criminal Justice Appropriations Subcommittee;
1442 
(c) the Legislative Management Committee; and
1443 
(d) the Retirement and Independent Entities Interim Committee.
1444 
(4) Each report described in Subsection (3) shall include a description of the authority's
1445 
goals for implementation of the strategic plan and a progress report of accomplishments
1446 
and updates to the strategic plan.
1447 
(5) The authority shall consider the strategic plan described in Subsection (1) before
1448 
spending funds in the restricted accounts created by this chapter.
1449 
(6)(a) Following the close of each fiscal year, the executive director shall submit and
1450 
make available to the public an annual report of the authority's activities for the
1451 
preceding year to the governor, the board, the [Executive Offices and ]Criminal
1452 
Justice Appropriations Subcommittee, the Legislative Management Committee, and
1453 
the Retirement and Independent Entities Interim Committee.
1454 
(b) Each report described in Subsection (6)(a) shall include:
1455 
(i) the agency's complete operating and financial statement for the preceding fiscal
- 43 - H.B. 459	Enrolled Copy
1456 
year;
1457 
(ii) the total aggregate surcharge collected by the state in the last fiscal year under
1458 
Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service
1459 
Charges;
1460 
(iii) the amount of each disbursement from the restricted accounts described in:
1461 
(A) Section 63H-7a-304; and
1462 
(B) Section 63H-7a-403;
1463 
(iv) the recipient of each disbursement, the goods and services received, and a
1464 
description of the project funded by the disbursement;
1465 
(v) any conditions the authority placed on the disbursements from a restricted
1466 
account;
1467 
(vi) the anticipated expenditures from the restricted accounts described in this chapter
1468 
for the next fiscal year;
1469 
(vii) the amount of any unexpended funds carried forward; and
1470 
(viii) other relevant justification for ongoing support from the restricted accounts
1471 
created by:
1472 
(A) Section 63H-7a-304; and
1473 
(B) Section 63H-7a-403.
1474 
Section 29.  Section 63J-1-504 is amended to read:
1475 
63J-1-504 . Fees -- Adoption, procedure, and approval -- Establishing and
1476 
assessing fees without legislative approval -- Report summarizing fees.
1477 
(1) As used in this section:
1478 
(a)(i) "Agency" means each department, commission, board, council, agency,
1479 
institution, officer, corporation, fund, division, office, committee, authority,
1480 
laboratory, library, unit, bureau, panel, or other administrative unit of the state.
1481 
(ii) "Agency" does not include:
1482 
(A) the Legislature or a committee or staff office of the Legislature; or
1483 
(B) the Judiciary, as that term is defined in Section 78A-2-310.
1484 
(b) "Agency's cost" means all of a fee agency's direct and indirect costs and expenses for
1485 
providing the goods or service for which the fee agency charges a fee or for
1486 
regulating the industry in which the persons paying the fee operate, including:
1487 
(i) salaries, benefits, contracted labor costs, travel expenses, training expenses,
1488 
equipment and material costs, depreciation expense, utility costs, and other
1489 
overhead costs; and
- 44 - Enrolled Copy	H.B. 459
1490 
(ii) costs and expenses for administering the fee.
1491 
(c) "Fee agency" means an agency that is authorized to establish and charge a service fee
1492 
or a regulatory fee.
1493 
(d) "Fee schedule" means the complete list of service fees and regulatory fees charged
1494 
by a fee agency and the amount of those fees.
1495 
(e) "Regulatory fee" means a fee that a fee agency charges to cover the agency's cost of
1496 
regulating the industry in which the persons paying the fee operate.
1497 
(f) "Service fee" means a fee that a fee agency charges to cover the agency's cost of
1498 
providing the goods or service for which the fee is charged.
1499 
(2)(a) A fee agency that charges or intends to charge a service fee or regulatory fee shall
1500 
adopt a fee schedule.
1501 
(b) A service fee or regulatory fee that a fee agency charges shall:
1502 
(i) be reasonable and fair;
1503 
(ii) reflect and be based on the agency's cost for the fee; and
1504 
(iii) be established according to a cost formula determined by the executive director
1505 
of the Governor's Office of Planning and Budget and the director of the Division
1506 
of Finance in conjunction with the fee agency seeking to establish the fee.
1507 
(3) Except as provided in Subsection (7), a fee agency may not:
1508 
(a) set fees by rule; or
1509 
(b) create, change, or collect any fee unless the fee has been established according to the
1510 
procedures and requirements of this section.
1511 
(4) Each fee agency that is proposing a new fee or proposing to change a fee shall:
1512 
(a) present each proposed fee at a public hearing, subject to the requirements of Title 52,
1513 
Chapter 4, Open and Public Meetings Act;
1514 
(b) increase, decrease, or affirm each proposed fee based on the results of the public
1515 
hearing;
1516 
(c) except as provided in Subsection (8), submit the fee schedule to the Legislature as
1517 
part of the agency's annual appropriations request; and
1518 
(d) modify the fee schedule as necessary to implement the Legislature's actions.
1519 
(5)(a) No later than November 30, 2022, the Governor's Office of Planning and Budget
1520 
and the Division of Finance shall submit a report to the [Infrastructure and General
1521 
Government] General Government Appropriations Subcommittee of the Legislature.
1522 
(b) A report under Subsection (5)(a) shall:
1523 
(i) provide a summary of:
- 45 - H.B. 459	Enrolled Copy
1524 
(A) the types of service fees and regulatory fees included in the fee schedules of
1525 
all fee agencies;
1526 
(B) the methods used by fee agencies to determine the amount of fees;
1527 
(C) each estimated agency's cost related to each fee;
1528 
(D) whether a fee is intended to cover the agency's cost related to the fee;
1529 
(E) whether the fee agency intends to subsidize the fee to cover the agency's cost
1530 
related to the fee and, if so, the fee agency's justification for the subsidy; and
1531 
(F) whether the fee agency set the fee at an amount that exceeds the agency's cost
1532 
related to the fee and, if so, the fee agency's justification for the excess fee; and
1533 
(ii) include any recommendations for improving the process described in this section.
1534 
(6)(a) A fee agency shall submit the fee agency's fee schedule to the Legislature for the
1535 
Legislature's approval on an annual basis.
1536 
(b) The Legislature may approve, increase or decrease and approve, or reject any fee
1537 
submitted to it by a fee agency.
1538 
(7) After conducting the public hearing required by this section, a fee agency may establish
1539 
and assess fees without first obtaining legislative approval if:
1540 
(a)(i) the Legislature creates a new program that is to be funded by fees to be set by
1541 
the Legislature;
1542 
(ii) the new program's effective date is before the Legislature's next annual general
1543 
session; and
1544 
(iii) the fee agency submits the fee schedule for the new program to the Legislature
1545 
for its approval at a special session, if allowed in the governor's call, or at the next
1546 
annual general session of the Legislature, whichever is sooner; or
1547 
(b)(i) the fee agency proposes to increase or decrease an existing fee for the purpose
1548 
of adding or removing a transactional fee that is charged or assessed by a
1549 
non-governmental third party but is included as part of the fee charged by the fee
1550 
agency;
1551 
(ii) the amount of the increase or decrease in the fee is equal to the amount of the
1552 
transactional fee charged or assessed by the non-governmental third party; and
1553 
(iii) the increased or decreased fee is submitted to the Legislature for the Legislature's
1554 
approval at a special session, if allowed in the governor's call, or at the next
1555 
annual session of the Legislature, whichever is sooner.
1556 
(8)(a) A fee agency that intends to change any fee shall submit to the governor, as part
1557 
of the agency's annual appropriation request a list that identifies:
- 46 - Enrolled Copy	H.B. 459
1558 
(i) the title or purpose of the fee;
1559 
(ii) the present amount of the fee;
1560 
(iii) the proposed new amount of the fee;
1561 
(iv) the percent that the fee will have increased if the Legislature approves the higher
1562 
fee;
1563 
(v) the estimated total annual revenue and total estimated annual revenue change that
1564 
will result from the changed fee;
1565 
(vi) the account or fund into which the fee will be deposited;
1566 
(vii) the reason for the change in the fee;
1567 
(viii) the estimated number of persons to be charged the fee;
1568 
(ix) the estimated agency's cost related to the fee;
1569 
(x) whether the fee is a service fee or a regulatory fee;
1570 
(xi) whether the fee is intended to cover the agency's cost related to the fee;
1571 
(xii) whether the fee agency intends to subsidize the fee to cover the agency's cost
1572 
related to the fee and, if so, the fee agency's justification for the subsidy; and
1573 
(xiii) whether the fee agency set the fee at an amount that exceeds the agency's cost
1574 
related to the fee and, if so, the fee agency's justification for the excess fee.
1575 
(b)(i) The governor may review and approve, modify and approve, or reject the fee
1576 
increases.
1577 
(ii) The governor shall transmit the list required by Subsection (8)(a), with any
1578 
modifications, to the legislative fiscal analyst with the governor's budget
1579 
recommendations.
1580 
(c) Bills approving any fee change shall be filed before the beginning of the Legislature's
1581 
annual general session, if possible.
1582 
(9)(a) Except as provided in Subsection (9)(b), the School and Institutional Trust Lands
1583 
Administration, established in Section 53C-1-201, is exempt from the requirements
1584 
of this section.
1585 
(b) The following fees of the School and Institutional Trust Lands Administration are
1586 
subject to the requirements of this section: application, assignment, amendment,
1587 
affidavit for lost documents, name change, reinstatement, grazing nonuse, extension
1588 
of time, partial conveyance, patent reissue, collateral assignment, electronic payment,
1589 
and processing.
1590 
Section 30.  Section 63M-7-904 is amended to read:
1591 
63M-7-904 . Duties of the commission -- Report.
- 47 - H.B. 459	Enrolled Copy
1592 
(1) The commission shall:
1593 
(a) advocate for the adoption, repeal, or modification of laws or proposed legislation in
1594 
the interest of victims of crime;
1595 
(b) make recommendations to the Legislature, the governor, and the Judicial Council on
1596 
the following:
1597 
(i) enforcing existing rights of victims of crime;
1598 
(ii) enhancing rights of victims of crime;
1599 
(iii) the role of victims of crime in the criminal justice system;
1600 
(iv) victim restitution;
1601 
(v) educating and training criminal justice professionals on the rights of victims of
1602 
crime; and
1603 
(vi) enhancing services to victims of crimes; and
1604 
(c) provide training on the rights of victims of crime.
1605 
(2) The commission shall, in partnership with state agencies and organizations, including
1606 
the Children's Justice Center Program, the Utah Office for Victims of Crime, and the
1607 
Division of Child and Family Services:
1608 
(a) review and assess the duties and practices of the State Commission on Criminal and
1609 
Juvenile Justice regarding services and criminal justice policies pertaining to victims;
1610 
(b) encourage and facilitate the development and coordination of trauma-informed
1611 
services for crime victims throughout the state;
1612 
(c) encourage and foster public and private partnerships for the purpose of:
1613 
(i) assessing needs for crime victim services throughout the state;
1614 
(ii) developing crime victim services and resources throughout the state; and
1615 
(iii) coordinating crime victim services and resources throughout the state;
1616 
(d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
1617 
victims through a comprehensive and evidence-based prevention, treatment, and
1618 
justice strategy;
1619 
(e) recommend and support the creation, dissemination, and implementation of statewide
1620 
policies and plans to address crimes, including domestic violence, sexual violence,
1621 
child abuse, and driving under the influence of drugs and alcohol;
1622 
(f) collect information on statewide funding for crime victim services and prevention
1623 
efforts, including the sources, disbursement, and outcomes of statewide funding for
1624 
crime victim services and prevention efforts;
1625 
(g) consider recommendations from any subcommittee of the commission; and
- 48 - Enrolled Copy	H.B. 459
1626 
(h) make recommendations regarding:
1627 
(i) the duties and practices of the State Commission on Criminal and Juvenile Justice
1628 
to ensure that:
1629 
(A) crime victims are a vital part of the criminal justice system of the state;
1630 
(B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
1631 
sensitivity; and
1632 
(C) the rights of crime victims and witnesses are honored and protected by law in
1633 
a manner no less vigorous than protections afforded to criminal defendants; and
1634 
(ii) statewide funding for crime victim services and prevention efforts.
1635 
(3) The commission may:
1636 
(a) subject to court rules and the governor's approval, advocate in an appellate court on
1637 
behalf of a victim of crime;
1638 
(b) recommend to the Legislature the services to be funded by the Victim Services
1639 
Restricted Account;
1640 
(c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1641 
Rulemaking Act, regarding the process by which a victim, or a representative of a
1642 
victim, may submit a complaint alleging a violation of the victim's rights; and
1643 
(d) review any action taken by a victim rights committee created in accordance with
1644 
Section 63M-7-1002.
1645 
(4) The commission shall report the commission's recommendations annually to the State
1646 
Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the [
1647 
Executive Offices and ]Criminal Justice Appropriations Subcommittee, the Health and
1648 
Human Services Interim Committee, the Judiciary Interim Committee, and the Law
1649 
Enforcement and Criminal Justice Interim Committee.
1650 
(5) When taking an action or making a recommendation, the commission shall respect that
1651 
a state agency is bound to follow state law and may have duties or responsibilities
1652 
imposed by state law.
1653 
Section 31.  Section 63N-2-107 is amended to read:
1654 
63N-2-107 . Reports of new state revenue, partial rebates, and tax credits.
1655 
(1) Before October 1 of each year, the office shall submit a report to the Governor's Office
1656 
of Planning and Budget, the Office of the Legislative Fiscal Analyst, and the Division of
1657 
Finance identifying:
1658 
(a)(i) the total estimated amount of new state revenue created from new commercial
1659 
projects;
- 49 - H.B. 459	Enrolled Copy
1660 
(ii) the estimated amount of new state revenue from new commercial projects that
1661 
will be generated from:
1662 
(A) sales tax;
1663 
(B) income tax; and
1664 
(C) corporate franchise and income tax; and
1665 
(iii) the minimum number of new incremental jobs and high paying jobs that will be
1666 
created before any tax credit is awarded; and
1667 
(b) the total estimated amount of tax credits that the office projects that business entities
1668 
will qualify to claim under this part.
1669 
(2) By the first business day of each month, the office shall submit a report to the
1670 
Governor's Office of Planning and Budget, the Office of the Legislative Fiscal Analyst,
1671 
and the Division of Finance identifying:
1672 
(a) each new written agreement that the office entered into since the last report;
1673 
(b) the estimated amount of new state revenue that will be generated under each written
1674 
agreement described in Subsection (2)(a);
1675 
(c) the estimated maximum amount of tax credits that a business entity could qualify for
1676 
under each written agreement described in Subsection (2)(a); and
1677 
(d) the minimum number of new incremental jobs and high paying jobs that will be
1678 
created before any tax credit is awarded.
1679 
(3) At the reasonable request of the Governor's Office of Planning and Budget, the Office
1680 
of the Legislative Fiscal Analyst, or the Division of Finance, the office shall provide
1681 
additional information about the tax credit, new incremental jobs and high paying jobs,
1682 
costs, and economic benefits related to this part, if the information is part of a public
1683 
record as defined in Section 63G-2-103.
1684 
(4) By October 1, the office shall submit to the Economic Development and Workforce
1685 
Services Interim Committee, the [Business, Economic Development, and Labor] 
1686 
Economic and Community Development Appropriations Subcommittee, and the
1687 
governor, a written report that provides an overview of the implementation and efficacy
1688 
of the statewide economic development strategy, including an analysis of the extent to
1689 
which the office's programs are aligned with the prevailing economic conditions
1690 
expected in the next fiscal year.
1691 
Section 32.  Section 63N-6-301 is amended to read:
1692 
63N-6-301 . Utah Capital Investment Corporation -- Powers and purposes --
1693 
Reporting requirements.
- 50 - Enrolled Copy	H.B. 459
1694 
(1)(a) There is created an independent quasi-public nonprofit corporation known as the
1695 
Utah Capital Investment Corporation.
1696 
(b) The corporation:
1697 
(i) may exercise all powers conferred on independent corporations under Section
1698 
63E-2-106;
1699 
(ii) is subject to the prohibited participation provisions of Section 63E-2-107; and
1700 
(iii) is subject to the other provisions of Title 63E, Chapter 2, Independent
1701 
Corporations Act, except as otherwise provided in this part.
1702 
(c) The corporation shall file with the Division of Corporations and Commercial Code:
1703 
(i) articles of incorporation; and
1704 
(ii) any amendment to its articles of incorporation.
1705 
(d) In addition to the articles of incorporation, the corporation may adopt bylaws and
1706 
operational policies that are consistent with this chapter.
1707 
(e) Except as otherwise provided in this part, this part does not exempt the corporation
1708 
from the requirements under state law which apply to other corporations organized
1709 
under Title 63E, Chapter 2, Independent Corporations Act.
1710 
(2) The purposes of the corporation are to:
1711 
(a) administer the Utah fund of funds;
1712 
(b) select an investment fund allocation manager to manage investments by the Utah
1713 
fund of funds;
1714 
(c) negotiate the terms of a contract with the investment fund allocation manager;
1715 
(d) execute the contract with the selected investment fund manager on behalf of the Utah
1716 
fund of funds; and
1717 
(e) receive investment returns from the Utah fund of funds.
1718 
(3) The corporation may not:
1719 
(a) exercise governmental functions;
1720 
(b) have members;
1721 
(c) pledge the credit or taxing power of the state or any political subdivision of the state;
1722 
or
1723 
(d) make its debts payable out of any money except money of the corporation.
1724 
(4) The obligations of the corporation are not obligations of the state or any political
1725 
subdivision of the state within the meaning of any constitutional or statutory debt
1726 
limitations, but are obligations of the corporation payable solely and only from the
1727 
corporation's funds.
- 51 - H.B. 459	Enrolled Copy
1728 
(5) The corporation may:
1729 
(a) engage consultants and legal counsel;
1730 
(b) expend funds;
1731 
(c) invest funds;
1732 
(d) issue debt and equity, and borrow funds;
1733 
(e) enter into contracts;
1734 
(f) insure against loss;
1735 
(g) hire employees; and
1736 
(h) perform any other act necessary to carry out its purposes.
1737 
(6)(a) The corporation shall publish on or before September 1 an annual report of the
1738 
activities conducted by the Utah fund of funds and submit, in accordance with
1739 
Section 68-3-14, the written report to:
1740 
(i) the governor;
1741 
(ii) the [Business, Economic Development, and Labor] Economic and Community
1742 
Development Appropriations Subcommittee;
1743 
(iii) the Business and Labor Interim Committee; and
1744 
(iv) the Retirement and Independent Entities Interim Committee.
1745 
(b) The annual report shall:
1746 
(i) be designed to provide clear, accurate, and accessible information to the public,
1747 
the governor, and the Legislature;
1748 
(ii) include a copy of the audit of the Utah fund of funds described in Section
1749 
63N-6-405;
1750 
(iii) include a detailed balance sheet, revenue and expenses statement, and cash flow
1751 
statement;
1752 
(iv) include detailed information regarding:
1753 
(A) realized gains from investments and any realized losses; and
1754 
(B) unrealized gains and any unrealized losses based on the net present value of
1755 
ongoing investments;
1756 
(v) include detailed information regarding all yearly expenditures, including:
1757 
(A) administrative, operating, and financing costs;
1758 
(B) aggregate compensation information for full- and part-time employees,
1759 
including benefit and travel expenses; and
1760 
(C) expenses related to the allocation manager;
1761 
(vi) include detailed information regarding all funding sources for administrative,
- 52 - Enrolled Copy	H.B. 459
1762 
operations, and financing expenses, including expenses charged by or to the Utah
1763 
fund of funds, including management and placement fees;
1764 
(vii) for each individual fund that the Utah fund of funds is invested in that represents
1765 
at least 5% of the net assets of the Utah fund of funds, include the name of the
1766 
fund, the total value of the fund, the fair market value of the Utah fund of funds'
1767 
investment in the fund, and the percentage of the total value of the fund held by
1768 
the Utah fund of funds; and
1769 
(viii) include an aggregate total value for all funds the Utah fund of funds is invested
1770 
in.
1771 
Section 33.  Section 63N-21-401 is amended to read:
1772 
63N-21-401 . Annual report.
1773 
(1) On or before September 1 of each year, the innovation lab shall publish an annual report
1774 
of the activities conducted by the Utah innovation fund and submit, in accordance with
1775 
Section 68-3-14, the written report to:
1776 
(a) the governor;
1777 
(b) the [Business, Economic Development, and Labor] Economic and Community
1778 
Development Appropriations Subcommittee;
1779 
(c) the Economic Development and Workforce Services Interim Committee; and
1780 
(d) the Retirement and Independent Entities Interim Committee.
1781 
(2) The annual report shall:
1782 
(a) be designed to provide clear, accurate, and accessible information to the public, the
1783 
governor, and the Legislature;
1784 
(b) include a copy of the annual audit required under Section 63N-21-402;
1785 
(c) describe the policies adopted by the board under Subsection 63N-21-203(1)(b);
1786 
(d) include detailed information regarding:
1787 
(i) the name and location of each qualified business that received capital from the
1788 
Utah innovation fund;
1789 
(ii) the amount of each qualified investment made by the Utah innovation fund;
1790 
(iii) the aggregate amount of capital provided to qualified businesses;
1791 
(iv) realized gains from qualified investments and any realized losses; and
1792 
(v) unrealized gains and any unrealized losses based on the net present value of
1793 
ongoing qualified investments;
1794 
(e) include detailed information regarding the innovation lab's yearly expenditures,
1795 
including:
- 53 - H.B. 459	Enrolled Copy
1796 
(i) administrative, operating, and financing expenses; and
1797 
(ii) aggregate compensation information for full-time and part-time employees,
1798 
including benefit and travel expenses;
1799 
(f) include detailed information regarding all funding sources for administrative,
1800 
operating, and financing expenses, including any fees charged by the innovation lab
1801 
to the Utah innovation fund under Subsection 63N-21-201(4)(g); and
1802 
(g) include an explanation of the Utah innovation fund's progress in achieving the
1803 
purposes described in Subsection 63N-21-301(2).
1804 
Section 34.  Section 64-13-46.1 is amended to read:
1805 
64-13-46.1 . Correctional Postnatal and Early Childhood Advisory Board --
1806 
Duties -- Rulemaking.
1807 
(1) As used in this part:
1808 
(a) "Advisory board" means the Correctional Postnatal and Early Childhood Advisory
1809 
Board.
1810 
(b) "Correctional facility" means a facility operated by the department or a county
1811 
sheriff that houses inmates in a secure setting.
1812 
(c) "Incarcerated mother" means an inmate who:
1813 
(i) has recently given birth before entering a correctional facility;
1814 
(ii) is pregnant and incarcerated in a correctional facility; or
1815 
(iii) has given birth while incarcerated in a correctional facility.
1816 
(2) The advisory board shall consist of the following members:
1817 
(a) two individuals from the department, appointed by the executive director;
1818 
(b) one individual appointed by the Board of Pardons and Parole;
1819 
(c) one individual appointed by the president of the Utah Sheriffs' Association; and
1820 
(d) four individuals appointed by the executive director of the Department of Health and
1821 
Human Services, including:
1822 
(i) two pediatric healthcare providers;
1823 
(ii) one individual with expertise in early childhood development; and
1824 
(iii) one individual with experience advocating for incarcerated women.
1825 
(3)(a) Except as provided in Subsection (3)(b), a member of the advisory board shall be
1826 
appointed for a four-year term.
1827 
(b) A member that is appointed to complete an unexpired term may complete the
1828 
unexpired term and serve a subsequent four-year term.
1829 
(c) Appointments and reappointments may be staggered so that one-fourth of the
- 54 - Enrolled Copy	H.B. 459
1830 
advisory board changes each year.
1831 
(d) The advisory board shall annually elect a chair and co-chair of the board from among
1832 
the members of the board to serve a two-year term.
1833 
(4) The advisory board shall meet at least bi-annually, or more frequently as determined by
1834 
the executive director, the chair, or three or more members of the advisory board.
1835 
(5) A majority of the board constitutes a quorum and a vote of the majority of the members
1836 
present constitutes an action of the advisory board.
1837 
(6) A member of the advisory board may not receive compensation or benefits for the
1838 
member's service, but may receive per diem and travel expenses as allowed in:
1839 
(a) Section 63A-3-106;
1840 
(b) Section 63A-3-107; and
1841 
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
1842 
63A-3-107.
1843 
(7) The advisory board shall:
1844 
(a) review research regarding childhood development and best practices for placing
1845 
infants and incarcerated mothers in a diversion program not located in a correctional
1846 
facility;
1847 
(b) study the costs of implementing a diversion program for infants and incarcerated
1848 
mothers removed from a correctional facility;
1849 
(c) create a provisional plan for implementing a diversion program for infants and
1850 
incarcerated mothers removed from a correctional facility; and
1851 
(d) advise and make recommendations to the department and county sheriffs regarding
1852 
rules and policies for placing an infant or incarcerated mother in a diversion program
1853 
not located in a correctional facility.
1854 
(8) On or before November 30, 2024, the advisory board shall provide a report of the
1855 
advisory board's research and study under Subsections (7)(a) through (c), including any
1856 
proposed legislation, to:
1857 
(a) the Law Enforcement and Criminal Justice Interim Committee; and
1858 
(b) the [Executive Offices and ]Criminal Justice Appropriations Subcommittee.
1859 
Section 35.  Section 64-13e-103 is amended to read:
1860 
64-13e-103 . County correctional facility contracting program for state inmates --
1861 
Payments -- Reporting -- Contracts.
1862 
(1) Subject to Subsection (6), the department may contract with a county to house state
1863 
inmates in a county correctional facility.
- 55 - H.B. 459	Enrolled Copy
1864 
(2) The department shall give preference for placement of state inmates, over private
1865 
entities, to county correctional facility bed spaces for which the department has
1866 
contracted under Subsection (1).
1867 
(3)(a) The compensation rate for housing state inmates pursuant to a contract described
1868 
in Subsection (1) shall be:
1869 
(i) except as provided in Subsection (3)(a)(ii), 84% of the state daily incarceration
1870 
rate for a county correctional facility bed space in a county that, pursuant to the
1871 
contract, is dedicated to a treatment program for state inmates, if the treatment
1872 
program is approved by the department under Subsection (3)(c);
1873 
(ii) 75% of the state daily incarceration rate for a county correctional facility bed
1874 
space in a county that, pursuant to the contract, is dedicated to an alternative
1875 
treatment program for state inmates, if the alternative treatment program is
1876 
approved by the department under Subsection (3)(c); and
1877 
(iii) 70% of the state daily incarceration rate for a county correctional facility bed
1878 
space in a county other than the bed spaces described in Subsections (3)(a)(i) and
1879 
(ii).
1880 
(b) The department shall:
1881 
(i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1882 
Rulemaking Act, that establish standards that a treatment program is required to
1883 
meet before the treatment program is considered for approval for the purpose of a
1884 
county receiving payment based on the rate described in Subsection (3)(a)(i) or (ii);
1885 
and
1886 
(ii) determine on an annual basis, based on appropriations made by the Legislature
1887 
for the contracts described in this section, whether to approve a treatment program
1888 
that meets the standards established under Subsection (3)(b)(i), for the purpose of
1889 
a county receiving payment based on the rate described in Subsection (3)(a)(i) or
1890 
(ii).
1891 
(c) The department may not approve a treatment program for the purpose of a county
1892 
receiving payment based on the rate described in Subsection (3)(a)(i) or (ii), unless:
1893 
(i) the program meets the standards established under Subsection (3)(b)(i); and
1894 
(ii) the department determines that the treatment program is needed by the
1895 
department at the location where the treatment program will be provided.
1896 
(d)(i) The department shall annually:
1897 
(A) collect information from each county described in Subsection (1) regarding
- 56 - Enrolled Copy	H.B. 459
1898 
the treatment programs for state inmates offered by the county;
1899 
(B) evaluate, review, and audit the results of each treatment program on state
1900 
inmate recidivism and other relevant metrics; and
1901 
(C) on or before November 30, report the results of the information described in
1902 
Subsection (3)(d)(i)(B) to the [Executive Offices and ]Criminal Justice
1903 
Appropriations Subcommittee.
1904 
(ii) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
1905 
Administrative Rulemaking Act, to implement the provisions of Subsection
1906 
(3)(d)(i).
1907 
(4)(a) Compensation to a county for state inmates incarcerated under this section shall
1908 
be made by the department.
1909 
(b) Funds from the County Correctional Facility Contracting Reserve Program may be
1910 
used only once existing annual appropriated funds for the fiscal year have been
1911 
exhausted.
1912 
(5) Counties that contract with the department under Subsection (1) shall, on or before June
1913 
30 of each year, submit a report to the department that includes:
1914 
(a) the number of state inmates the county housed under this section;
1915 
(b) the total number of state inmate days of incarceration that were provided by the
1916 
county; and
1917 
(c) the information required under Subsection (3)(d)(i)(A).
1918 
(6) Except as provided under Subsection (7), the department may not enter into a contract
1919 
with a county as described under Subsection (1), unless:
1920 
(a) beginning July 1, 2023, the county correctional facility within the county is in
1921 
compliance with the reporting requirements described in Subsection 17-22-32(2); and
1922 
(b) the Legislature has previously passed a joint resolution that includes the following
1923 
information regarding the proposed contract:
1924 
(i) the approximate number of beds to be contracted;
1925 
(ii) the approximate amount of the county's long-term debt; and
1926 
(iii) the repayment time of the debt for the facility where the inmates are to be housed.
1927 
(7) The department may enter into a contract with a county government to house inmates
1928 
without complying with the approval process described in Subsection (6) only if the
1929 
county facility was under construction, or already in existence, on March 16, 2001.
1930 
(8) Any resolution passed by the Legislature under Subsection (6) does not bind or obligate
1931 
the Legislature or the department regarding the proposed contract.
- 57 - H.B. 459	Enrolled Copy
1932 
Section 36.  Section 64-13e-105 is amended to read:
1933 
64-13e-105 . Subcommittee on County Correctional Facility Contracting and
1934 
Reimbursement -- Purpose -- Responsibilities -- Membership.
1935 
(1) There is created within the commission, the Subcommittee on County Correctional
1936 
Facility Contracting and Reimbursement consisting of the individuals listed in
1937 
Subsection (3).
1938 
(2) The subcommittee shall meet at least annually to review, discuss, and make
1939 
recommendations for:
1940 
(a) the state daily incarceration rate, described in Section 64-13e-103.1;
1941 
(b) county correctional facility contracting and reimbursement processes and goals,
1942 
including the creation of a comprehensive statewide system of county correctional
1943 
facility contracting and reimbursement;
1944 
(c) developing a partnership between the state and counties to create common goals for
1945 
housing state inmates;
1946 
(d) calculations for the projected number of bed spaces needed;
1947 
(e) programming for inmates while incarcerated;
1948 
(f) proposals to reduce recidivism;
1949 
(g) enhancing partnerships to improve law enforcement and incarceration programs;
1950 
(h) inmate transportation costs; and
1951 
(i) the compilation described in Subsection 64-13e-104(7).
1952 
(3) The membership of the subcommittee shall consist of the following nine members:
1953 
(a) as designated by the Utah Sheriffs' Association:
1954 
(i) one sheriff of a county that is currently under contract with the department to
1955 
house state inmates; and
1956 
(ii) one sheriff of a county that is currently receiving reimbursement from the
1957 
department for housing state probationary inmates or state parole inmates;
1958 
(b) the executive director of the department or the executive director's designee;
1959 
(c) as designated by the Utah Association of Counties:
1960 
(i) one member of the legislative body of one county that is currently under contract
1961 
with the department to house state inmates; and
1962 
(ii) one member of the legislative body of one county that is currently receiving
1963 
reimbursement for housing state probationary inmates or state parole inmates;
1964 
(d) the executive director of the commission or the executive director's designee;
1965 
(e) one member of the House of Representatives, appointed by the speaker of the House
- 58 - Enrolled Copy	H.B. 459
1966 
of Representatives;
1967 
(f) one member of the Senate, appointed by the president of the Senate; and
1968 
(g) the executive director of the Governor's Office of Planning and Budget or the
1969 
executive director's designee.
1970 
(4) The subcommittee shall report to the Law Enforcement and Criminal Justice Interim
1971 
Committee in November of each year on the status of the comprehensive statewide
1972 
county correctional facility reimbursement and contracting system.
1973 
(5) The subcommittee shall report to the [Executive Offices and ]Criminal Justice
1974 
Appropriations Subcommittee not later than October 31 of each year on costs associated
1975 
with the comprehensive statewide county correctional facility reimbursement and
1976 
contracting system established in this chapter.
1977 
(6)(a) A member who is not a legislator may not receive compensation or benefits for
1978 
the member's service, but may receive per diem and travel expenses as allowed in:
1979 
(i) Section 63A-3-106;
1980 
(ii) Section 63A-3-107; and
1981 
(iii) rules made by the division according to Sections 63A-3-106 and 63A-3-107.
1982 
(b) Compensation and expenses of a member who is a legislator are governed by Section
1983 
36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1984 
Section 37.  Section 67-5-1 is amended to read:
1985 
67-5-1 . General duties -- Restrictions.
1986 
(1) The attorney general shall:
1987 
(a) perform all duties in a manner consistent with the attorney-client relationship under
1988 
Section 67-5-17;
1989 
(b) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court
1990 
and the Court of Appeals of this state, and all courts of the United States, and
1991 
prosecute or defend all causes to which the state or any officer, board, or commission
1992 
of the state in an official capacity is a party, and take charge, as attorney, of all civil
1993 
legal matters in which the state is interested;
1994 
(c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of
1995 
process as necessary to execute the judgment;
1996 
(d) account for, and pay over to the proper officer, all money that comes into the
1997 
attorney general's possession that belongs to the state;
1998 
(e) keep a file of all cases in which the attorney general is required to appear, including
1999 
any documents and papers showing the court in which the cases have been instituted
- 59 - H.B. 459	Enrolled Copy
2000 
and tried, and whether they are civil or criminal, and:
2001 
(i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted
2002 
to judgment, a memorandum of the judgment and of any process issued if
2003 
satisfied, and if not satisfied, documentation of the return of the sheriff;
2004 
(ii) if criminal, the nature of the crime, the mode of prosecution, the stage of
2005 
proceedings, and, when prosecuted to sentence, a memorandum of the sentence
2006 
and of the execution, if the sentence has been executed, and, if not executed, the
2007 
reason for the delay or prevention; and
2008 
(iii) deliver this information to the attorney general's successor in office;
2009 
(f) exercise supervisory powers over the district and county attorneys of the state in all
2010 
matters pertaining to the duties of the district and county attorneys' offices, including
2011 
the authority described in Subsection (2);
2012 
(g) give the attorney general's opinion in writing and without fee, when required, upon
2013 
any question of law relating to the office of the requester:
2014 
(i) in accordance with Section 67-5-1.1, to the Legislature or either house;
2015 
(ii) to any state officer, board, or commission; and
2016 
(iii) to any county attorney or district attorney;
2017 
(h) when required by the public service or directed by the governor, assist any county,
2018 
district, or city attorney in the discharge of county, district, or city attorney's duties;
2019 
(i) purchase in the name of the state, under the direction of the state Board of Examiners,
2020 
any property offered for sale under execution issued upon judgments in favor of or
2021 
for the use of the state, and enter satisfaction in whole or in part of the judgments as
2022 
the consideration of the purchases;
2023 
(j) when the property of a judgment debtor in any judgment mentioned in Subsection
2024 
(1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or
2025 
encumbrance taking precedence of the judgment in favor of the state, redeem the
2026 
property, under the direction of the state Board of Examiners, from the prior
2027 
judgment, lien, or encumbrance, and pay all money necessary for the redemption,
2028 
upon the order of the state Board of Examiners, out of any money appropriated for
2029 
these purposes;
2030 
(k) when in the attorney general's opinion it is necessary for the collection or
2031 
enforcement of any judgment, institute and prosecute on behalf of the state any action
2032 
or proceeding necessary to set aside and annul all conveyances fraudulently made by
2033 
the judgment debtors, and pay the cost necessary to the prosecution, when allowed by
- 60 - Enrolled Copy	H.B. 459
2034 
the state Board of Examiners, out of any money not otherwise appropriated;
2035 
(l) discharge the duties of a member of all official boards of which the attorney general
2036 
is or may be made a member by the Utah Constitution or by the laws of the state, and
2037 
other duties prescribed by law;
2038 
(m) institute and prosecute proper proceedings in any court of the state or of the United
2039 
States to restrain and enjoin corporations organized under the laws of this or any
2040 
other state or territory from acting illegally or in excess of their corporate powers or
2041 
contrary to public policy, and in proper cases forfeit their corporate franchises,
2042 
dissolve the corporations, and wind up their affairs;
2043 
(n) institute investigations for the recovery of all real or personal property that may have
2044 
escheated or should escheat to the state, and for that purpose, subpoena any persons
2045 
before any of the district courts to answer inquiries and render accounts concerning
2046 
any property, examine all books and papers of any corporations, and when any real or
2047 
personal property is discovered that should escheat to the state, institute suit in the
2048 
district court of the county where the property is situated for its recovery, and escheat
2049 
that property to the state;
2050 
(o) administer the Children's Justice Center as a program to be implemented in various
2051 
counties pursuant to Sections 67-5b-101 through 67-5b-107;
2052 
(p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
2053 
Constitutional and Federalism Defense Act;
2054 
(q) pursue any appropriate legal action to implement the state's public lands policy
2055 
established in Section 63C-4a-103;
2056 
(r) investigate and prosecute violations of all applicable state laws relating to fraud in
2057 
connection with the state Medicaid program and any other medical assistance
2058 
program administered by the state, including violations of Title 26B, Chapter 3, Part
2059 
11, Utah False Claims Act;
2060 
(s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients:
2061 
(i) in health care facilities that receive payments under the state Medicaid program;
2062 
(ii) in board and care facilities, as defined in the federal Social Security Act, 42
2063 
U.S.C. Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and
2064 
care facility; and
2065 
(iii) who are receiving medical assistance under the Medicaid program as defined in
2066 
Section 26B-3-101 in a noninstitutional or other setting;
2067 
(t)(i) report at least twice per year to the Legislative Management Committee on any
- 61 - H.B. 459	Enrolled Copy
2068 
pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
2069 
(A) cost the state more than $500,000; or
2070 
(B) require the state to take legally binding action that would cost more than
2071 
$500,000 to implement; and
2072 
(ii) if the meeting is closed, include an estimate of the state's potential financial or
2073 
other legal exposure in that report;
2074 
(u)(i) submit a written report to the committees described in Subsection (1)(u)(ii) that
2075 
summarizes any lawsuit or decision in which a court or the Office of the Attorney
2076 
General has determined that a state statute is unconstitutional or unenforceable
2077 
since the attorney general's last report under this Subsection (1)(u), including any:
2078 
(A) settlements reached;
2079 
(B) consent decrees entered;
2080 
(C) judgments issued;
2081 
(D) preliminary injunctions issued;
2082 
(E) temporary restraining orders issued; or
2083 
(F) formal or informal policies of the Office of the Attorney General to not
2084 
enforce a law; and
2085 
(ii) at least 30 days before the Legislature's May and November interim meetings,
2086 
submit the report described in Subsection (1)(u)(i) to:
2087 
(A) the Legislative Management Committee;
2088 
(B) the Judiciary Interim Committee; and
2089 
(C) the Law Enforcement and Criminal Justice Interim Committee;
2090 
(v) if the attorney general operates the Office of the Attorney General or any portion of
2091 
the Office of the Attorney General as an internal service fund agency in accordance
2092 
with Section 67-5-4, submit to the rate committee established in Section 67-5-34:
2093 
(i) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and
2094 
(ii) any other information or analysis requested by the rate committee;
2095 
(w) before the end of each calendar year, create an annual performance report for the
2096 
Office of the Attorney General and post the report on the attorney general's website;
2097 
(x) ensure that any training required under this chapter complies with Title 63G, Chapter
2098 
22, State Training and Certification Requirements;
2099 
(y) notify the legislative general counsel in writing within three business days after the
2100 
day on which the attorney general is officially notified of a claim, regardless of
2101 
whether the claim is filed in state or federal court, that challenges:
- 62 - Enrolled Copy	H.B. 459
2102 
(i) the constitutionality of a state statute;
2103 
(ii) the validity of legislation; or
2104 
(iii) any action of the Legislature;
2105 
(z)(i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a
2106 
special advisor to the Office of the Governor and the Office of the Attorney
2107 
General in matters relating to Native American and tribal issues to:
2108 
(A) establish outreach to the tribes and affected counties and communities; and
2109 
(B) foster better relations and a cooperative framework; and
2110 
(ii) annually report to the [Executive Offices and ]Criminal Justice Appropriations
2111 
Subcommittee regarding:
2112 
(A) the status of the work of the special advisor described in Subsection (1)(z)(i);
2113 
and
2114 
(B) whether the need remains for the ongoing appropriation to fund the special
2115 
advisor described in Subsection (1)(z)(i); [and]
2116 
(aa)(i) enforce compliance with Title 63G, Chapter 31, Distinctions on the Basis of
2117 
Sex, in accordance with Section 63G-31-401; and
2118 
(ii) report to the Legislative Management Committee, upon request, regarding the
2119 
attorney general's enforcement under this Subsection (1)(aa)[.] ; and
2120 
(bb) ensure compliance with Title 53B, Chapter 27, Part 6, Student Legal Representation,
2121 
by:
2122 
(i) establishing a process to track the number of complaints submitted by students;
2123 
(ii) pursuing civil action to enforce statutory protections; and
2124 
(iii) no later than November 1 each year, reporting to the Judiciary Interim
2125 
Committee regarding the attorney general's enforcement under this Subsection [
2126 
(1)(aa)] (1)(bb).
2127 
(2)(a) The attorney general may require a district attorney or county attorney of the state
2128 
to, upon request, report on the status of public business entrusted to the district or
2129 
county attorney's charge.
2130 
(b) The attorney general may review investigation results de novo and file criminal
2131 
charges, if warranted, in any case involving a first degree felony, if:
2132 
(i) a law enforcement agency submits investigation results to the county attorney or
2133 
district attorney of the jurisdiction where the incident occurred and the county
2134 
attorney or district attorney:
2135 
(A) declines to file criminal charges; or
- 63 - H.B. 459	Enrolled Copy
2136 
(B) fails to screen the case for criminal charges within six months after the law
2137 
enforcement agency's submission of the investigation results; and
2138 
(ii) after consultation with the county attorney or district attorney of the jurisdiction
2139 
where the incident occurred, the attorney general reasonably believes action by the
2140 
attorney general would not interfere with an ongoing investigation or prosecution
2141 
by the county attorney or district attorney of the jurisdiction where the incident
2142 
occurred.
2143 
(c) If the attorney general decides to conduct a review under Subsection (2)(b), the
2144 
district attorney, county attorney, and law enforcement agency shall, within 14 days
2145 
after the day on which the attorney general makes a request, provide the attorney
2146 
general with:
2147 
(i) all information relating to the investigation, including all reports, witness lists,
2148 
witness statements, and other documents created or collected in relation to the
2149 
investigation;
2150 
(ii) all recordings, photographs, and other physical or digital media created or
2151 
collected in relation to the investigation;
2152 
(iii) access to all evidence gathered or collected in relation to the investigation; and
2153 
(iv) the identification of, and access to, all officers or other persons who have
2154 
information relating to the investigation.
2155 
(d) If a district attorney, county attorney, or law enforcement agency fails to timely
2156 
comply with Subsection (2)(c), the attorney general may seek a court order
2157 
compelling compliance.
2158 
(e) If the attorney general seeks a court order under Subsection (2)(d), the court shall
2159 
grant the order unless the district attorney, county attorney, or law enforcement
2160 
agency shows good cause and a compelling interest for not complying with
2161 
Subsection (2)(c).
2162 
(3) The attorney general:
2163 
(a) is a full-time employee of the state; and
2164 
(b) may not engage in the private practice of law.
2165 
Section 38.  Section 77-38-620 is amended to read:
2166 
77-38-620 . Safe at Home Program Restricted Account -- Report.
2167 
(1) There is created a restricted account in the General Fund known as the "Safe at Home
2168 
Program Restricted Account."
2169 
(2) The account shall be funded by:
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2170 
(a) private contributions;
2171 
(b) gifts, donations, or grants from public or private entities; and
2172 
(c) interest and earnings on account money.
2173 
(3) Upon appropriation by the Legislature, the commission may expend funds from the
2174 
account to:
2175 
(a) designate, train, and manage program assistants;
2176 
(b) develop, distribute, and process application forms and related materials for the
2177 
program;
2178 
(c) assist applicants and program participants in enrolling in the program; or
2179 
(d) ensure program participants receive mail forwarded from the program to the program
2180 
participant's actual address.
2181 
(4) No later than December 31 of each year, the commission shall provide to the [Executive
2182 
Offices and ]Criminal Justice Appropriations Subcommittee a written report of the
2183 
program's activities, including:
2184 
(a) the contributions received under Subsection (2);
2185 
(b) an accounting of the money expended or committed to be expended by the
2186 
commission under Subsection (3); and
2187 
(c) the balance of the account.
2188 
Section 39.  Section 77-40a-107 is amended to read:
2189 
77-40a-107 . Expungement data requirements -- Report.
2190 
(1) No later than November 1 of each year, the Administrative Office of the Courts shall
2191 
submit a written report to the [Executive Offices and ]Criminal Justice Appropriations
2192 
Subcommittee and the Judiciary Interim Committee regarding expungement data for the
2193 
preceding fiscal year, including:
2194 
(a) the number of petitions filed for expungement in the district, justice, and juvenile
2195 
courts;
2196 
(b) the number of petitions granted for expungement in the district, justice, and juvenile
2197 
courts;
2198 
(c) the number of orders issued for an automatic expungement by the district, justice,
2199 
and juvenile courts;
2200 
(d) the total number of individuals for whom at least one automatic expungement order
2201 
was issued by the district, justice, or juvenile court; and
2202 
(e) the total number of individuals for whom at least one petition-based expungement
2203 
order was issued by the district, justice, or juvenile court.
- 65 - H.B. 459	Enrolled Copy
2204 
(2) No later than November 1 of each year, the bureau shall submit a written report to the [
2205 
Executive Offices and ]Criminal Justice Appropriations Subcommittee and the Judiciary
2206 
Interim Committee regarding expungement data for the preceding fiscal year, including:
2207 
(a) the number of applications for expungement received by the bureau;
2208 
(b) the number of certificates of eligibility issued by the bureau; and
2209 
(c) the number of orders for expungement received by the bureau.
2210 
Section 40.  Section 78A-2-310 is amended to read:
2211 
78A-2-310 . Report by Judicial Council on court fees.
2212 
(1) As used in this section:
2213 
(a) "Cost" means the direct and indirect costs and expenses for providing the good or
2214 
service for which a fee is charged, including:
2215 
(i) salaries, benefits, contracted labor costs, travel expenses, training expenses,
2216 
equipment and material costs, depreciation expenses, utility costs, and other
2217 
overhead costs; and
2218 
(ii) costs and expenses for administering the fee.
2219 
(b)(i) "Judiciary" means the Judicial Council, the Supreme Court, the Court of
2220 
Appeals, a district court, or a juvenile court.
2221 
(ii) "Judiciary" includes any board, committee, or staff office of the Judicial Council,
2222 
the Supreme Court, the Court of Appeals, a district court, or a juvenile court.
2223 
(2) Before November 30 of each year, the Judicial Council shall submit a report to the [
2224 
Infrastructure and General Government] General Government Appropriations
2225 
Subcommittee of the Legislature that:
2226 
(a) includes details on:
2227 
(i) the types of fees charged and collected by the Judiciary;
2228 
(ii) the methods used to determine the amount of each fee charged and collected by
2229 
the Judiciary;
2230 
(iii) the Judiciary's estimated cost related to each fee;
2231 
(iv) whether each fee is intended to cover the Judiciary's cost related to the fee; and
2232 
(v) the number of fee waivers granted by the Judiciary for each type of fee charged
2233 
and collected by the Judiciary; and
2234 
(b) include any recommendations regarding fees charged and collected by the Judiciary.
2235 
(3) If the Judicial Council recommends that the Legislature create a fee or modify an
2236 
existing fee under Subsection (2)(b), the Judicial Council shall include the following
2237 
information with the recommendation:
- 66 - Enrolled Copy	H.B. 459
2238 
(a) the title or purpose of the fee;
2239 
(b) the present amount of the fee;
2240 
(c) the proposed amount of the fee;
2241 
(d) the percent that the fee will have increased or decreased if the Legislature approves
2242 
the modification of the fee;
2243 
(e) the estimated total annual revenue and total estimated annual revenue change that
2244 
will result from the creation or modification of the fee;
2245 
(f) the account or fund into which the fee will be deposited;
2246 
(g) the reason for the creating or modifying the fee;
2247 
(h) the estimated number of persons to be charged the fee;
2248 
(i) the Judiciary's estimated cost related to the fee; and
2249 
(j) whether the fee is intended to cover the Judiciary's cost related to the fee.
2250 
Section 41.  Section 78A-5-303 is amended to read:
2251 
78A-5-303 . Creation of a veterans treatment court.
2252 
(1) The Judicial Council may create a veterans treatment court in any judicial district or
2253 
geographic region that demonstrates:
2254 
(a) the need for a veterans treatment court; and
2255 
(b) the existence of a collaborative strategy between the veterans treatment court,
2256 
prosecutors, defense attorneys, substance abuse treatment services, the Department of
2257 
Corrections, and the United States Department of Veterans Affairs Veterans Justice
2258 
Outreach Program to work with veteran offenders.
2259 
(2) A veterans treatment court shall:
2260 
(a) establish a collaborative strategy that includes monitoring and evaluation
2261 
components to measure program effectiveness; and
2262 
(b) submit a collaborative strategy, for the purpose of coordinating the disbursement of
2263 
funding, to the Administrative Office of the Courts.
2264 
(3) A veterans treatment court shall include continuous judicial supervision using a
2265 
cooperative approach with prosecutors, defense attorneys, substance abuse treatment
2266 
services, the Department of Corrections, and the United States Department of Veterans
2267 
Affairs Veterans Justice Outreach Program, as appropriate, to promote public safety,
2268 
protect participants' due process rights, and integrate veteran treatment programs with
2269 
the justice system case processing.
2270 
(4) Screening criteria for participation in a veterans treatment court shall include:
2271 
(a) a plea in abeyance or plea agreement for a criminal offense, or a requirement for
- 67 - H.B. 459	Enrolled Copy
2272 
participation in a veterans treatment court as a condition of probation;
2273 
(b) frequent alcohol and other drug testing, if appropriate;
2274 
(c) participation in veteran outreach programs, including substance abuse treatment
2275 
programs where appropriate;
2276 
(d) sanctions for noncompliance with the requirements for participation in a veterans
2277 
treatment court; and
2278 
(e) any additional criteria developed by a veterans treatment court.
2279 
(5) No later than October 1 each year, the Administrative Office of the Courts shall provide
2280 
to the [Executive Offices and ]Criminal Justice Appropriations Subcommittee a written
2281 
report describing:
2282 
(a) the types of policies and procedures adopted by veteran treatment courts;
2283 
(b) the number of veteran participants in the previous fiscal year;
2284 
(c) the outcomes for veteran participants in the previous fiscal year; and
2285 
(d) recommendations for future veterans treatment courts, including expansion and
2286 
funding.
2287 
Section 42.  Section 78B-1-117 is amended to read:
2288 
78B-1-117 . Jurors and witnesses -- State payment for jurors and subpoenaed
2289 
persons -- Appropriations and costs -- Expenses in justice court.
2290 
(1) The state is responsible for payment of all fees and expenses authorized by law for
2291 
prosecution witnesses, witnesses subpoenaed by indigent defendants, and interpreter
2292 
costs in criminal actions in the courts of record and actions in the juvenile court. The
2293 
state is responsible for payment of all fees and expenses authorized by law for jurors in
2294 
the courts of record.  For these payments, the Judicial Council shall receive an annual
2295 
appropriation contained in a separate line item appropriation.
2296 
(2) If expenses, for the purposes of this section, exceed the line item appropriation, the state
2297 
court administrator shall submit a claim against the state to the Board of Examiners and
2298 
request the board to recommend and submit a supplemental appropriation request to the
2299 
Legislature for the deficit incurred.
2300 
(3) In the justice courts, the fees, mileage, and other expenses authorized by law for jurors,
2301 
prosecution witnesses, witnesses subpoenaed by indigent defendants, and interpreter
2302 
costs shall be paid by the municipality if the action is prosecuted by the city attorney,
2303 
and by the county if the action is prosecuted by the county attorney or district attorney.
2304 
(4) Beginning July 1, 2014, the state court administrator shall provide a report during each
2305 
interim to the [Executive Offices and ]Criminal Justice Appropriations Subcommittee
- 68 - Enrolled Copy	H.B. 459
2306 
detailing expenses, trends, and efforts made to minimize expenses and maximize
2307 
performance of the costs under this section.
2308 
(5) The funding of additional full-time equivalent employees shall be authorized by the
2309 
Legislature through specific intent language.
2310 
The following section is affected by a coordination clause at the end of this bill.
2311 
Section 43.  Section 79-8-203 is amended to read:
2312 
79-8-203 . Award of recreation restoration infrastructure grants.
2313 
(1) In determining the award of a recreation restoration infrastructure grant, the advisory
2314 
committee shall prioritize projects that the advisory committee considers to be high
2315 
demand outdoor recreation amenities or high priority trails.
2316 
(2) The division may give special consideration to projects from qualified applicants within
2317 
rural counties to ensure geographic parity of the awarded money.
2318 
(3)(a) An applicant shall use a recreation restoration infrastructure grant to leverage
2319 
private and other nonstate public money and the division may give priority to projects
2320 
that exceed a 50% match from the applicant.
2321 
(b) Leverage includes cash, resources, goods, or services necessary to complete a project.
2322 
(c) The division shall apply money from a cooperative agreement entered into with the
2323 
United States Department of Agriculture or the United States Department of the
2324 
Interior as a portion of the applicant's match.
2325 
(4) A recreation restoration infrastructure grant may only be awarded by the executive
2326 
director after consultation with the director and the advisory committee.
2327 
(5) A recreation restoration infrastructure grant is available for rehabilitation or restoration
2328 
projects for high demand outdoor recreation amenities and high priority trails that relate
2329 
directly to the visitor including:
2330 
(a) a trail, trail head infrastructure, signage, and crossing infrastructure, for both
2331 
nonmotorized and motorized recreation;
2332 
(b) a campground or picnic area;
2333 
(c) water recreation infrastructure, including a pier, dock, or boat ramp; and
2334 
(d) recreation facilities that are accessible to visitors with disabilities.
2335 
(6) The following are not eligible for a recreation restoration infrastructure grant:
2336 
(a) general facility operations and administrative costs;
2337 
(b) land acquisitions;
2338 
(c) visitor facilities, as defined by the division by rule made in accordance with Title
2339 
63G, Chapter 3, Utah Administrative Rulemaking Act;
- 69 - H.B. 459	Enrolled Copy
2340 
(d) water and utility systems; and
2341 
(e) employee housing.
2342 
(7) The division shall compile data and report to the [Business, Economic Development,
2343 
and Labor] Economic and Community Development Appropriations Subcommittee on
2344 
the:
2345 
(a) effectiveness of the grant program in addressing the deferred maintenance and repair
2346 
backlog of trails, campgrounds, and other recreation amenities on public lands;
2347 
(b) estimated value of the rehabilitation or restoration projects;
2348 
(c) number of miles of trails that are rehabilitated or restored; and
2349 
(d) leverage of state money to federal and private money and in-kind services such as
2350 
volunteer labor.
2351 
Section 44.  Section 80-5-303 is amended to read:
2352 
80-5-303 . Report on the Juvenile Justice Reinvestment Restricted Account.
2353 
      No later than December 31 of each year, the division shall provide to the [Executive
2354 
Offices and ]Criminal Justice Appropriations Subcommittee a written report of the division's
2355 
activities under Subsection 80-5-202(1)(c) and Section 80-5-302, including:
2356 
(1) for the report submitted in 2019, the formula used to calculate the savings from General
2357 
Fund appropriations under Subsection 80-5-202(1)(c);
2358 
(2) the amount of savings from General Fund appropriations calculated by the division for
2359 
the previous fiscal year;
2360 
(3) an accounting of the money expended or committed to be expended under Subsection
2361 
80-5-302(4); and
2362 
(4) the balance of the account.
2363 
Section 45.  Section 80-5-502 is amended to read:
2364 
80-5-502 . New detention facilities.
2365 
(1) The division may issue requests for proposals to allow for the private construction of
2366 
facilities suitable to meet the detention requirements of any county or group of counties,
2367 
subject to approval by the governor.
2368 
(2) The governor shall furnish an analysis of the benefits of the proposals received to the [
2369 
Infrastructure and General] Transportation and Infrastructure Government
2370 
Appropriations Subcommittee for the subcommittee's review.
2371 
Section 46.  Repealer.
2372 
This bill repeals:
2373 
Section 53B-17-1102, Researcher reporting requirements.
- 70 - Enrolled Copy	H.B. 459
2374 
Section 53B-18-1602, Researcher reporting requirements.
2375 
Section 47.  Effective Date.
2376 
This bill takes effect on May 7, 2025.
2377 
Section 48.  Coordinating H.B. 459 with H.B. 200.
2378 
If H.B. 459, Appropriations Subcommittee Amendments, and H.B. 200, Outdoor
2379 
Recreation Amendments, both pass and become law, the Legislature intends that, on May 7,
2380 
2025, the amendments to Subsection 79-8-203(7) in H.B. 200 supersede the amendments to
2381 
Subsection 79-8-203(7) in H.B. 459.
- 71 -