02-17 10:19 H.B. 513
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Utah Commission for Earthquake Preparedness
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill creates the Utah Commission for Earthquake Preparedness.
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Highlighted Provisions:
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This bill:
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▸ creates the Utah Commission for Earthquake Preparedness, addressing:
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● membership;
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● quorum requirements;
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● vacancies; and
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● compensation for commission members;
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▸ permits the commission to invite officials from certain state and executive agencies to
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participate in the commission's meetings as nonvoting members;
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▸ requires the Department of Natural Resources to staff the commission;
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▸ specifies duties and responsibilities of the commission;
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▸ establishes a January 1, 2031, sunset date for the commission;
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▸ subject to an exception, provides that money appropriated to the commission by the
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Legislature is nonlapsing;
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▸ requires a school district that issues a general obligation bond to provide a copy of the
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school district's seismic safety evaluation to the commission; 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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None
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Utah Code Sections Affected:
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AMENDS:
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53G-4-608, as renumbered and amended by Laws of Utah 2018, Chapter 3
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63I-1-253, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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63I-1-263, as last amended by Laws of Utah 2024, Third Special Session, Chapter 4
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63J-1-602.2, as last amended by Laws of Utah 2024, Chapters 241, 285, 425, and 467
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ENACTS:
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63C-32-101, Utah Code Annotated 1953
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63C-32-102, Utah Code Annotated 1953
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63C-32-103, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53G-4-608 is amended to read:
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53G-4-608 . Requirement to conduct seismic safety evaluations when issuing a
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bond.
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(1) As used in this section:
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(a) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
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Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition"
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published by the United States Federal Emergency Management Agency.
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(b) "Qualifying general obligation bond" means a bond:
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(i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
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(ii) authorized by an election held on or after July 1, 2013.
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(c) "Seismic safety evaluation" means a seismic safety rapid visual screening evaluated
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in accordance with federal guidelines or a more detailed seismic structural evaluation.
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(2) If a school district issues a qualifying general obligation bond, the school district shall[,] :
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(a) except as provided in Subsection (4), conduct or update a seismic safety evaluation
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of each school district building:
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[(a)] (i) constructed before 1975; and
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[(b)] (ii) used by the school district as a school[.] ; and
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(b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to the
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Utah Commission for Earthquake Preparedness created in Section 63C-32-102.
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(3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a
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licensed structural engineer familiar with seismic codes.
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(4) A school district is not required to conduct or update a seismic safety evaluation of a
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building as required in Subsection (2)(a) if:
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(a) a seismic safety evaluation was performed on the building within the 25-year period
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before the school district issues the qualifying general obligation bond[.] ; and
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(b) the school district provides a copy of the school district's seismic safety evaluation
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described in Subsection (4)(a) to the Utah Commission on Earthquake Preparedness.
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(5) Creation of a seismic safety evaluation of a school, or a list of schools needing seismic
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upgrades, shall not be construed as expanding or changing the state's or a school
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district's common law duty of care for liability purposes.
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Section 2. Section 63C-32-101 is enacted to read:
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CHAPTER 32. UTAH COMMISSION FOR EARTHQUAKE PREPAREDNESS
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63C-32-101 . Definitions.
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As used in this chapter, "commission" means the Utah Commission for Earthquake
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Preparedness.
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Section 3. Section 63C-32-102 is enacted to read:
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63C-32-102 . Creation of commission -- Membership -- Participating entities --
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Vacancies -- Staff support.
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(1) There is created the Utah Commission for Earthquake Preparedness consisting of the
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following members:
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(a) the director of the Utah Geological Survey or the director's designee;
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(b) the director of the Division of Emergency Management or the director's designee;
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(c) the director of the University of Utah Seismograph Stations or the director's designee;
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(d) the director of the Utah State University Earthquake Engineering Center or the
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director's designee;
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(e) the state Earthquake Program Manager;
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(f) a representative from the American Public Works Association, Utah Chapter;
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(g) a representative from the American Institute of Architects, Utah Section;
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(h) a representative from the American Society of Civil Engineers, Utah Section;
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(i) a representative from the Structural Engineers Association of Utah;
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(j) a representative from the Salt Lake Chamber of Commerce;
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(k) subject to Subsection (2)(a), two individuals jointly appointed by the directors of the
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Department of Natural Resources and the Division of Emergency Management who
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have an interest or expertise in reducing earthquake-related loss in the state;
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(l) one member of the Senate appointed by the president of the Senate; and
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(m) one member of the House of Representatives appointed by the speaker of the House
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of Representatives.
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(2)(a) In making the joint appointments described in Subsection (1)(k), the directors of
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the Department of Natural Resources and the Division of Emergency Management
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shall give due consideration to the recommendations of the commission.
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(b) If a vacancy occurs in the membership of the commission appointed under
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Subsection (1)(k), (l), or (m), the member shall be replaced in the same manner in
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which the original appointment was made.
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(3)(a) The commission may:
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(i) establish subcommittees to carry out the commission's duties;
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(ii) invite officials from the following state and executive agencies to participate in
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the commission's meetings as nonvoting, ex officio members:
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(A) the Division of Facilities Construction and Management;
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(B) the Department of Transportation;
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(C) the Division of Water Resources;
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(D) the Department of Insurance;
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(E) the Division of Risk Management;
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(F) the Department of Environmental Quality;
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(G) the Governor's Office of Planning and Budget; and
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(H) the Governor's Office of Economic Opportunity; and
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(iii) seek grants or funding from the state, federal government, or other public and
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private sources for uses relating to earthquake preparedness and response.
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(b) An official of a state or executive agency described in Subsection (3)(a)(ii) is not
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required to participate in the commission's meetings.
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(4) The commission may collaborate with the following entities and invite the entities to
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participate in the commission's meetings:
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(a) public and private lifeline infrastructure and utility providers;
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(b) representatives from the business community;
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(c) local government;
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(d) local government associations, including:
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(i) the Utah League of Cities and Towns; and
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(ii) the Utah Association of Counties;
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(e) local and higher education agencies;
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(f) the Federal Emergency Management Agency;
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(g) the United States Geological Survey; and
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(h) Envision Utah.
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(5) The commission shall annually select one of the commission's members to serve as
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chair of the commission.
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(6)(a) A majority of the members of the commission is a quorum.
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(b) The action of a majority of a quorum is an action of the commission.
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(7)(a) A member of the commission may not receive compensation or benefits for the
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member's service, but may receive per diem and travel expenses in accordance with:
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(i) Section 63A-3-106;
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(ii) Section 63A-3-107; and
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(iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
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(b) A member of the commission who is a legislator may receive compensation and
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travel expenses in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5,
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Legislative Compensation and Expenses.
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(8) The Department of Natural Resources shall staff the commission.
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(9)(a) Except as provided in Subsection (9)(b), money the commission receives from
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legislative appropriations is nonlapsing.
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(b) Any unexpended funds described in Subsection (9)(a) in excess of $50,000 lapses to
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the General Fund.
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Section 4. Section 63C-32-103 is enacted to read:
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63C-32-103 . Meetings -- Duties.
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(1) The commission shall meet at the call of the chair, but not less than once each quarter.
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(2) The commission shall:
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(a) assess earthquake-related hazards and risks to the state that are associated with:
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(i) injury and loss of life;
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(ii) loss of property;
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(iii) damage to infrastructure; and
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(iv) economic harm to the state, the state's businesses, and the state's inhabitants;
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(b) prepare recommendations to identify and mitigate the hazards and risks described in
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Subsection (2)(a);
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(c) prioritize recommendations and present the recommendations annually to state and
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local government or other appropriate entities for adoption as policy or loss reduction
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strategies, including policies or strategies to reduce the time required to return to
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normalcy and economic recovery after an earthquake event;
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(d) monitor and report on progress towards risk reduction;
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(e) maintain and update annually a strategic earthquake loss reduction planning
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document that:
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(i) identifies actionable steps to mitigate the hazards and risks described in
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Subsection (2)(a);
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(ii) identifies short- and long-term risk reduction strategies and milestones; and
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(iii) reports on progress in achieving the strategies and milestones described in
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Subsection (2)(e)(ii); and
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(f) act as a source of information for individuals and groups concerned with earthquake
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safety.
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(3) The planning document described in Subsection (2)(e) shall be submitted annually to:
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(a) the governor;
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(b) the director of, and the state planning coordinator within, the Governor's Office of
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Planning and Budget;
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(c) the Governor's Office of Economic Opportunity;
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(d) the commissioner of public safety;
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(e) the director of the Department of Natural Resources; and
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(f) the Emergency Management Administration Council.
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Section 5. Section 63I-1-253 is amended to read:
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63I-1-253 . Repeal dates: Titles 53 through 53G.
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(1) Section 53-1-122, Road Rage Awareness and Prevention Restricted Account, is
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repealed July 1, 2028.
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(2) Section 53-2a-105, Emergency Management Administration Council created --
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Function -- Composition -- Expenses, is repealed July 1, 2029.
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(3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation,
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is repealed July 1, 2027.
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(4) Section 53-2a-1104, General duties of the Search and Rescue Advisory Board, is
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repealed July 1, 2027.
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(5) Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027.
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(6) Section 53-2d-104, State Emergency Medical Services Committee -- Membership --
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Expenses, is repealed July 1, 2029.
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(7) Section 53-2d-703, Volunteer Emergency Medical Service Personnel Health Insurance
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Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking --
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Advisory board, is repealed July 1, 2027.
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(8) Section 53-5-703, Board -- Membership -- Compensation -- Terms -- Duties, is repealed
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July 1, 2029.
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(9) Section 53-11-104, Board, is repealed July 1, 2029.
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(10) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem
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-- Report -- Expiration, is repealed December 31, 2025.
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(11) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is
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repealed December 31, 2025.
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(12) Subsection 53B-1-301(1)(j), regarding the Higher Education and Corrections Council,
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is repealed July 1, 2027.
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(13) Section 53B-7-709, Five-year performance goals, is repealed July 1, 2027.
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(14) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed July 1,
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2028.
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(15) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
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(16) Section 53B-17-1203, SafeUT and School Safety Commission established -- Members,
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is repealed January 1, 2030.
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(17) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
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(18) Title 53B, Chapter 18, Part 17, Food Security Council, is repealed July 1, 2027.
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(19) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
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Research Center, is repealed July 1, 2028.
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(20) Title 53B, Chapter 35, Higher Education and Corrections Council, is repealed July 1,
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2027.
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(21) Subsection 53C-3-203(4)(b)(vii), regarding the distribution of money from the Land
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Exchange Distribution Account to the Geological Survey for test wells and other
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hydrologic studies in the West Desert, is repealed July 1, 2030.
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(22) Subsection 53E-1-201(1)(q), regarding the Higher Education and Corrections Council,
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is repealed July 1, 2027.
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(23) Subsection 53E-2-304(6), regarding foreclosing a private right of action or waiver of
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governmental immunity, is repealed July 1, 2027.
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(24) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is
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repealed July 1, 2027.
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(25) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is
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repealed July 1, 2027.
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(26) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed
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January 1, 2028.
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(27) Section 53E-4-203, Standards review committee, is repealed January 1, 2028.
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(28) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
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repealed July 1, 2033.
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(29) Subsection 53E-7-207(7), regarding a private right of action or waiver of governmental
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immunity, is repealed July 1, 2027.
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(30) Section 53F-2-420, Intensive Services Special Education Pilot Program, is repealed
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July 1, 2024.
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(31) Section 53F-5-214, Grant for professional learning, is repealed July 1, 2025.
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(32) Section 53F-5-215, Elementary teacher preparation grant, is repealed July 1, 2025.
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(33) Section 53F-5-219, Local Innovations Civics Education Pilot Program, is repealed July
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1, 2025.
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(34) Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July 1,
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2027.
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(35) Subsection 53G-4-608(2)(b), regarding the [Utah Seismic Safety Commission, is
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repealed January 1, 2025] Utah Commission for Earthquake Preparedness, is repealed
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January 1, 2031.
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(36) Subsection 53G-4-608(4)(b), regarding the [Utah Seismic Safety Commission, is
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repealed January 1, 2025] Utah Commission for Earthquake Preparedness, is repealed
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January 1, 2031.
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(37) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
250
Section 6. Section 63I-1-263 is amended to read:
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63I-1-263 . Repeal dates: Titles 63A to 63O.
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(1) Subsection 63A-5b-405(5), regarding prioritizing and allocating capital improvement
253
funding, is repealed July 1, 2024.
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(2) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1,
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2028.
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(3) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1, 2025.
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(4) Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed
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December 31, 2026.
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(5) Title 63C, Chapter 23, Education and Mental Health Coordinating Committee, is
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repealed December 31, 2024.
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(6) Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027.
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(7) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
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(8) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
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(9) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July
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1, 2028.
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(10) Title 63C, Chapter 32, Utah Commission for Earthquake Preparedness, is repealed
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January 1, 2031,
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[(10)] (11) Section 63G-6a-805, Purchase from community rehabilitation programs, is
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repealed July 1, 2026.
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[(11)] (12) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
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2028.
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[(12)] (13) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July
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1, 2029.
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[(13)] (14) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
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[(14)] (15) Subsection 63J-1-602.2(16), related to the Communication Habits to reduce
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Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029.
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[(15)] (16) [Subsection 63J-1-602.2(26), regarding the Utah Seismic Safety Commission, is
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repealed January 1, 2025] Subsection 63J-1-602.2(27), regarding the Utah Commission
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for Earthquake Preparedness, is repealed January 1, 2031.
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[(16)] (17) Section 63L-11-204, Canyon resource management plan, is repealed July 1, 2025.
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[(17)] (18) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee,
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is repealed July 1, 2027.
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[(18)] (19) Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is
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repealed July 1, 2027.
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[(19)] (20) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses,
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is repealed July 1, 2029.
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[(20)] (21) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
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[(21)] (22) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
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repealed January 1, 2030.
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[(22)] (23) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
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[(23)] (24) Subsection 63N-2-511(1)(b), regarding the Board of Tourism Development, is
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repealed July 1, 2025.
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[(24)] (25) Section 63N-2-512, Hotel Impact Mitigation Fund, is repealed July 1, 2028.
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[(25)] (26) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
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repealed July 1, 2027.
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[(26)] (27) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
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repealed July 1, 2025.
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[(27)] (28) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
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July 1, 2028.
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[(28)] (29) Section 63N-4-804, which creates the Rural Opportunity Advisory Committee, is
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repealed July 1, 2027.
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[(29)] (30) Subsection 63N-4-805(5)(b), regarding the Rural Employment Expansion
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Program, is repealed July 1, 2028.
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[(30)] (31) Subsection 63N-7-101(1), regarding the Board of Tourism Development, is
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repealed July 1, 2025.
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[(31)] (32) Subsection 63N-7-102(3)(c), regarding a requirement for the Utah Office of
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Tourism to receive approval from the Board of Tourism Development, is repealed July
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1, 2025.
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[(32)] (33) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1,
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2025.
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Section 7. Section 63J-1-602.2 is amended to read:
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63J-1-602.2 . List of nonlapsing appropriations to programs.
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Appropriations made to the following programs are nonlapsing:
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(1) The Legislature and the Legislature's committees.
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(2) The State Board of Education, including all appropriations to agencies, line items, and
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programs under the jurisdiction of the State Board of Education, in accordance with
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Section 53F-9-103.
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(3) The Rangeland Improvement Act created in Section 4-20-101.
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(4) The Percent-for-Art Program created in Section 9-6-404.
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(5) The LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.
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(6) The Utah Lake Authority created in Section 11-65-201.
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(7) Dedicated credits accrued to the Utah Marriage Commission as provided under
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Subsection 17-16-21(2)(d)(ii).
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(8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
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(9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
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26B-3-108(7).
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(10) The primary care grant program created in Section 26B-4-310.
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(11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
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(12) The Utah Health Care Workforce Financial Assistance Program created in Section
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26B-4-702.
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(13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
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(14) The Utah Medical Education Council for the:
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(a) administration of the Utah Medical Education Program created in Section 26B-4-707;
334
(b) provision of medical residency grants described in Section 26B-4-711; and
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(c) provision of the forensic psychiatric fellowship grant described in Section 26B-4-712.
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(15) The Division of Services for People with Disabilities, as provided in Section 26B-6-402.
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(16) The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
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created in Section 26B-7-122.
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(17) Funds that the Department of Alcoholic Beverage Services retains in accordance with
340
Subsection 32B-2-301(8)(a) or (b).
341
(18) The General Assistance program administered by the Department of Workforce
342
Services, as provided in Section 35A-3-401.
343
(19) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
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(20) The Search and Rescue Financial Assistance Program, as provided in Section
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53-2a-1102.
346
(21) The Emergency Medical Services Grant Program in Section 53-2d-207.
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(22) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
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(23) The Utah Board of Higher Education for teacher preparation programs, as provided in
349
Section 53B-6-104.
350
(24) Innovation grants under Section 53G-10-608, except as provided in Subsection
351
53G-10-608(6).
352
(25) The Division of Fleet Operations for the purpose of upgrading underground storage
353
tanks under Section 63A-9-401.
354
(26) The Division of Technology Services for technology innovation as provided under
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Section 63A-16-903.
356
(27) Subject to Subsection 63C-32-102(9)(b), the Utah Commission for Earthquake
357
Preparedness, as provided in Subsection 63C-32-102(9)(a).
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[(27)] (28) The State Capitol Preservation Board created by Section 63O-2-201.
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[(28)] (29) The Office of Administrative Rules for publishing, as provided in Section
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63G-3-402.
361
[(29)] (30) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
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Colorado River Authority of Utah Act.
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[(30)] (31) The Governor's Office of Economic Opportunity to fund the Enterprise Zone
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Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
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[(31)] (32) The Governor's Office of Economic Opportunity's Rural Employment Expansion
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Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion
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Program.
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[(32)] (33) County correctional facility contracting program for state inmates as described in
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Section 64-13e-103.
370
[(33)] (34) County correctional facility reimbursement program for state probationary
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inmates and state parole inmates as described in Section 64-13e-104.
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[(34)] (35) Programs for the Jordan River Recreation Area as described in Section 65A-2-8.
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[(35)] (36) The Division of Human Resource Management user training program, as
374
provided in Section 63A-17-106.
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[(36)] (37) A public safety answering point's emergency telecommunications service fund,
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as provided in Section 69-2-301.
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[(37)] (38) The Traffic Noise Abatement Program created in Section 72-6-112.
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[(38)] (39) The money appropriated from the Navajo Water Rights Negotiation Account to
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the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating
380
in a settlement of federal reserved water right claims.
381
[(39)] (40) The Judicial Council for compensation for special prosecutors, as provided in
382
Section 77-10a-19.
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[(40)] (41) A state rehabilitative employment program, as provided in Section 78A-6-210.
384
[(41)] (42) The Utah Geological Survey, as provided in Section 79-3-401.
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[(42)] (43) The Bonneville Shoreline Trail Program created under Section 79-5-503.
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[(43)] (44) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
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78B-6-144.5.
388
[(44)] (45) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
389
Defense Commission.
390
[(45)] (46) The program established by the Division of Facilities Construction and
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Management under Section 63A-5b-703 under which state agencies receive an
392
appropriation and pay lease payments for the use and occupancy of buildings owned by
393
the Division of Facilities Construction and Management.
394
[(46)] (47) The State Tax Commission for reimbursing counties for deferrals in accordance
395
with Section 59-2-1802.5.
396
[(47)] (48) The Veterinarian Education Loan Repayment Program created in Section 4-2-902.
397
Section 8. Effective Date.
398
This bill takes effect on May 7, 2025.
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