02-27 21:56 2nd Sub. (Gray) H.B. 513
Thomas W. Peterson proposes the following substitute bill:
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Utah Commission for Earthquake Preparedness
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Todd Weiler
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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; 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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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
2nd Sub. H.B. 513 2nd Sub. (Gray) H.B. 513 02-27 21:56
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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 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 2. 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 Office of Energy Development;
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(H) the Governor's Office of Planning and Budget; and
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(I) 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;
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(ii) the Utah Association of Counties; and
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(iii) the Utah Association of Special Districts;
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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
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5, 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 3. 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 4. 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.
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Section 5. 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
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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 6. 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;
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(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
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Subsection 32B-2-301(8)(a) or (b).
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(18) The General Assistance program administered by the Department of Workforce
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Services, as provided in Section 35A-3-401.
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(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.
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(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
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Section 53B-6-104.
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(24) Innovation grants under Section 53G-10-608, except as provided in Subsection
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53G-10-608(6).
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(25) The Division of Fleet Operations for the purpose of upgrading underground storage
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tanks under Section 63A-9-401.
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(26) The Division of Technology Services for technology innovation as provided under
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Section 63A-16-903.
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(27) Subject to Subsection 63C-32-102(9)(b), the Utah Commission for Earthquake
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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.
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[(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.
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[(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
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provided in Section 63A-17-106.
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[(36)] (37) A public safety answering point's emergency telecommunications service fund,
345
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
349
in a settlement of federal reserved water right claims.
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[(39)] (40) The Judicial Council for compensation for special prosecutors, as provided in
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Section 77-10a-19.
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[(40)] (41) A state rehabilitative employment program, as provided in Section 78A-6-210.
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[(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.
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[(44)] (45) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
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Defense Commission.
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[(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
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appropriation and pay lease payments for the use and occupancy of buildings owned by
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the Division of Facilities Construction and Management.
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[(46)] (47) The State Tax Commission for reimbursing counties for deferrals in accordance
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with Section 59-2-1802.5.
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[(47)] (48) The Veterinarian Education Loan Repayment Program created in Section 4-2-902.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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