Enrolled Copy S.B. 256
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General Government and Appropriations Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Norman K Thurston
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LONG TITLE
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General Description:
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This bill amends provisions related to government departments and legislative
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appropriations.
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Highlighted Provisions:
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This bill:
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▸ repeals the Rural Health Care Facilities restricted account;
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▸ appropriates money to the State Tax Commission (tax commission) for distribution to
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certain counties and municipalities to improve the delivery of health care in rural areas
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of the state;
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▸ requires the insurance commissioner to update the state's essential health benefits plan
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with benefits mandated since January 1, 2012;
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▸ allows the insurance commissioner to update the plan described above to incorporate
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federally mandated benefits under the Patient Protection and Affordable Care Act;
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▸ repeals the tax commission's reporting requirements related to the tax commission's
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collection of the beer excise tax;
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▸ authorizes the Labor Commission (commission) to use certain restricted account funds to
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pay the salary and benefits of a compliance officer for the commission's Division of
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Occupational Safety and Health;
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▸ grants the Department of Government Operations (department) the authority to operate
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the department as an internal service fund agency to provide certain government-related
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services;
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▸ establishes a process for an internal service fund agency to compensate the agency's
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employees at a rate that is equivalent to state agency employees by submitting a
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proposed increased rate schedule to the rate committee after the annual legislative S.B. 256 Enrolled Copy
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session;
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▸ requires the rate committee to convene a meeting within 30 days of receiving the rate
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schedule described above to review and approve or reject the increased rate schedule;
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▸ repeals an outdated reference to the former Department of Administrative Services; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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This bill appropriates ($218,900) in restricted fund and account transfers for fiscal year
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2025, all of which is from the General Fund.
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This bill appropriates ($218,900) in restricted fund and account transfers for fiscal year 2026,
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all of which is from the General Fund.
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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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26B-1-308, as last amended by Laws of Utah 2023, Chapter 310 and renumbered and
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amended by Laws of Utah 2023, Chapter 305
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31A-45-403, as enacted by Laws of Utah 2018, Chapter 319
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34A-2-701, as last amended by Laws of Utah 2019, Chapter 194
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34A-6-301, as last amended by Laws of Utah 2013, Chapter 72
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34A-6-302, as renumbered and amended by Laws of Utah 1997, Chapter 375
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59-1-210, as last amended by Laws of Utah 2023, Chapter 329
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59-15-109, as last amended by Laws of Utah 2024, Chapter 94
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63A-1-103, as last amended by Laws of Utah 2021, Chapter 344
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63A-1-109.5, as last amended by Laws of Utah 2016, Chapter 193
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63A-1-114, as last amended by Laws of Utah 2022, Chapter 169
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63B-1-304, as last amended by Laws of Utah 2022, Chapter 421
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63J-1-410, as last amended by Laws of Utah 2014, Chapter 236
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-1-308 is amended to read:
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26B-1-308 . Rural health care funds -- Source of revenues -- Interest --
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Distribution of revenues -- Expenditure of revenues -- Unexpended revenues lapse into
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the General Fund.
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(1) As used in this section:
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(a) "Emergency medical services" is as defined in Section 53-2d-101.
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(b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
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(c) "Fiscal year" means a one-year period beginning on July 1 of each year.
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(d) "Freestanding urgent care center" is as defined in Section 59-12-801.
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(e) "Nursing care facility" is as defined in Section 26B-2-201.
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(f) "Rural city hospital" is as defined in Section 59-12-801.
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(g) "Rural county health care facility" is as defined in Section 59-12-801.
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[(h) "Rural county hospital" is as defined in Section 59-12-801.]
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[(i) "Rural county nursing care facility" is as defined in Section 59-12-801.]
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[(j)] (h) "Rural emergency medical services" is as defined in Section 59-12-801.
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(i) "Rural health care funds" means money appropriated by the Legislature to improve
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the delivery of quality health care in rural areas of the state.
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[(k)] (j) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
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[(2) There is created a restricted account within the General Fund known as the "Rural
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Health Care Facilities Account."]
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[(3)(a) The restricted account shall be funded by amounts appropriated by the
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Legislature.]
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[(b) Any interest earned on the restricted account shall be deposited into the General
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Fund.]
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[(4)] (2) Subject to Subsections [(5)] (3) and [(6)] (4), the State Tax Commission shall for a
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fiscal year distribute [money deposited into the restricted account] rural health care funds
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to each:
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(a) county legislative body of a county that, on January 1, 2007, imposes a tax in
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accordance with Section 59-12-802 and has not repealed the tax; or
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(b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
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with Section 59-12-804 and has not repealed the tax.
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[(5)] (3)(a) Subject to Subsection [(6)] (4), for purposes of the distribution required by
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Subsection [(4)] (2), the State Tax Commission shall:
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(i) estimate for each county and city described in Subsection [(4)] (2) the amount by
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which the revenues collected from the taxes imposed under Sections 59-12-802
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and 59-12-804 for fiscal year 2005-06 would have been reduced had:
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(A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and
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26, to Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06;
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and
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(B) each county and city described in Subsection [(4)] (2) imposed the tax under
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Sections 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
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(ii)(A) for fiscal years ending before fiscal year 2018, calculate a percentage for
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each county and city described in Subsection [(4)] (2) by dividing the amount
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estimated for each county and city in accordance with Subsection [(5)(a)(i)]
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(3)(a)(i) by $555,000; and
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(B) beginning in fiscal year 2018, calculate a percentage for each county and city
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described in Subsection [(4)] (2) by dividing the amount estimated for each
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county and city in accordance with Subsection [(5)(a)(i)] (3)(a)(i) by
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$218,809.33;
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(iii) distribute to each county and city described in Subsection [(4)] (2) an amount
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equal to the product of:
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(A) the percentage calculated in accordance with Subsection [(5)(a)(ii)] (3)(a)(ii);
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and
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(B) the amount appropriated by the Legislature [to the restricted account] as rural
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health care funds for the fiscal year.
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(b) The State Tax Commission shall make the estimations, calculations, and
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distributions required by Subsection [(5)(a)] (3)(a) on the basis of data collected by
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the State Tax Commission.
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[(6)] (4) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city
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legislative body repeals a tax imposed under Section 59-12-804:
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(a) the [commission] State Tax Commission shall determine in accordance with
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Subsection [(5)] (3) the distribution that, but for this Subsection [(6)] (4), the county
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legislative body or city legislative body would receive; and
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(b) after making the determination required by Subsection [(6)(a)] (4)(a), the [commission]
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State Tax Commission shall:
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(i) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
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59-12-804 is October 1:
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(A)(I) distribute to the county legislative body or city legislative body 25% of
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the distribution determined in accordance with Subsection [(6)(a)] (4)(a); and
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(II) deposit 75% of the distribution determined in accordance with Subsection [
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(6)(a)] (4)(a) into the General Fund; and
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(B) beginning with the first fiscal year after the effective date of the repeal and for
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each subsequent fiscal year, deposit the entire amount of the distribution
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determined in accordance with Subsection [(6)(a)] (4)(a) into the General Fund;
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(ii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
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59-12-804 is January 1:
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(A)(I) distribute to the county legislative body or city legislative body 50% of
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the distribution determined in accordance with Subsection [(6)(a)] (4)(a); and
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(II) deposit 50% of the distribution determined in accordance with Subsection [
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(6)(a)] (4)(a) into the General Fund; and
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(B) beginning with the first fiscal year after the effective date of the repeal and for
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each subsequent fiscal year, deposit the entire amount of the distribution
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determined in accordance with Subsection [(6)(a)] (4)(a) into the General Fund;
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(iii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
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59-12-804 is April 1:
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(A)(I) distribute to the county legislative body or city legislative body 75% of
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the distribution determined in accordance with Subsection [(6)(a)] (4)(a); and
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(II) deposit 25% of the distribution determined in accordance with Subsection [
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(6)(a)] (4)(a) into the General Fund; and
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(B) beginning with the first fiscal year after the effective date of the repeal and for
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each subsequent fiscal year, deposit the entire amount of the distribution
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determined in accordance with Subsection [(6)(a)] (4)(a) into the General Fund;
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or
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(iv) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
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59-12-804 is July 1, beginning on that effective date and for each subsequent
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fiscal year, deposit the entire amount of the distribution determined in accordance
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with Subsection [(6)(a)] (4)(a) into the General Fund.
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[(7)] (5)(a) Subject to Subsection [(7)(b)] (5)(b) and Section 59-12-802, a county
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legislative body shall distribute the money the county legislative body receives in
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accordance with Subsection [(5)] (3) or [(6)] (4):
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(i) for a county of the third or fourth class, to fund rural county health care facilities
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in that county; and
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(ii) for a county of the fifth or sixth class, to fund:
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(A) rural emergency medical services in that county;
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(B) federally qualified health centers in that county;
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(C) freestanding urgent care centers in that county;
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(D) rural county health care facilities in that county;
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(E) rural health clinics in that county; or
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(F) a combination of Subsections [(7)(a)(ii)(A)] (5)(a)(ii)(A) through (E).
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(b) A county legislative body shall distribute the money the county legislative body
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receives in accordance with Subsection [(5) or (6)] (3) or (4) to a center, clinic,
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facility, or service described in Subsection [(7)(a)] (5)(a) as determined by the county
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legislative body.
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(c) A center, clinic, facility, or service that receives a distribution in accordance with this
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Subsection [(7)] (5) shall expend that distribution for the same purposes for which
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money collected from a tax under Section 59-12-802 may be expended.
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[(8)] (6)(a) Subject to Subsection [(8)(b)] (6)(b), a city legislative body shall distribute the
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money the city legislative body receives in accordance with Subsection [(5) or (6)] (3)
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or (4) to fund rural city hospitals in that city.
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(b) A city legislative body shall distribute a percentage of the money the city legislative
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body receives in accordance with Subsection [(5) or (6)] (3) or (4) to each rural city
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hospital described in Subsection [(8)(a)] (6)(a) equal to the same percentage that the
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city legislative body distributes to that rural city hospital in accordance with Section
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59-12-805 for the calendar year ending on the December 31 immediately preceding
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the first day of the fiscal year for which the city legislative body receives the
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distribution in accordance with Subsection [(5) or (6)] (3) or (4).
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(c) A rural city hospital that receives a distribution in accordance with this Subsection [
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(8)] (6) shall expend that distribution for the same purposes for which money
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collected from a tax under Section 59-12-804 may be expended.
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[(9) Any money remaining in the Rural Health Care Facilities Account at the end of a fiscal
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year after the State Tax Commission makes the distributions required by this section
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shall lapse into the General Fund.]
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Section 2. Section 31A-45-403 is amended to read:
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31A-45-403 . Essential health benefits.
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(1) The state designates the state's own essential health benefits benchmark plan and does
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not accept a federal determination of the essential health benefits benchmark plan under
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the PPACA.
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(2) [Subject to Subsections (3) and (4), the] The commissioner shall make rules in
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accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that
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designate the essential health benefits benchmark plan for the state.
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(3)(a) The commissioner shall update the state's essential health benefits benchmark plan
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for plan years beginning on January 1, 2027.
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(b) The commissioner shall include in the plan described in Subsection (3)(a):
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(i) any state mandated health insurance benefit that applies to a health benefit plan
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effective on or after January 1, 2012, through January 1, 2025; and
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(ii) additional benefits mandated by the PPACA.
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(4) The commissioner may expand the state's essential health benefits plan if additional
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benefits are mandated by the PPACA.
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[(3) Before the commissioner makes rules in accordance with Subsection (2):]
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[(a) the commissioner shall present a summary of the commissioner's planned rules to
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the Health Reform Task Force; and]
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[(b) the Health Reform Task Force shall recommend whether the commissioner makes
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rules in accordance with the presented summary.]
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[(4) The essential health benefits plan:]
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[(a) may not include a state mandate if the inclusion of the state mandate would require
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the state to contribute to premium subsidies under the PPACA; and]
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[(b) may add benefits in addition to the benefits included in a benchmark plan adopted in
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accordance with this section if the additional benefits are mandated under the
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PPACA.]
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Section 3. Section 34A-2-701 is amended to read:
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34A-2-701 . Premium assessment restricted account for safety.
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(1) There is created in the General Fund a restricted account known as the "Workplace
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Safety Account."
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(2)(a) An amount equal to 0.25% of the premium income remitted to the state treasurer
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pursuant to Subsection 59-9-101(2)(c)(ii) shall be deposited in the Workplace Safety
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Account in the General Fund for use as provided in this section.
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(b) Beginning with fiscal year 2008-09, if the balance in the Workplace Safety Account
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exceeds $500,000 at the close of a fiscal year, the excess shall be transferred to:
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(i) the Employers' Reinsurance Fund, created under Subsection 34A-2-702(1); or
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(ii) if the commissioner has made the notification described in Subsection
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34A-2-702(7), the Uninsured Employers' Fund created in Section 34A-2-704.
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(3) The Legislature shall appropriate from the restricted account money to one or both of
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the following:
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(a) money to the commission for use by the commission to:
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(i) improve safety consultation services available to Utah employers;[ or]
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(ii) provide for electronic or print media advertising campaigns designed to promote
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workplace safety; [and] or
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(iii) pay the salary and benefits of an employee of the commission who is an
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authorized representative of the Division of Occupational Safety and Health under
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Chapter 6, Part 3, Enforcement; and
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(b) subject to Subsection (7), money known as the "Eddie P. Mayne Workplace Safety
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and Occupational Health Funding Program":
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(i) to an institution within the state system of higher education, as defined in Section
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53B-1-102; and
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(ii) to be expended by an education and research center that is:
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(A) affiliated with the institution described in Subsection (3)(b)(i); and
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(B) designated as an education and research center by the National Institute for
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Occupational Safety and Health.
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(4) From money appropriated by the Legislature from the restricted account to the
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commission for use by the commission, the commission may fund other safety programs
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or initiatives recommended to it by its state workers' compensation advisory council
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created under Section 34A-2-107.
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(5)(a) The commission shall annually report to the governor, the Legislature, and its
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state council regarding:
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(i) the use of the money appropriated to the commission under Subsection (3) or (4);
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and
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(ii) the impact of the use of the money on the safety of Utah's workplaces.
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(b) By no later than August 15 following a fiscal year in which an education and
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research center receives money from an appropriation under Subsection (3)(b), the
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education and research center shall report:
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(i) to:
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(A) the governor;
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(B) the Legislature;
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(C) the commission; and
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(D) the state workers' compensation advisory council created under Section
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34A-2-107; and
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(ii) regarding:
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(A) the use of the money appropriated under Subsection (3)(b); and
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(B) the impact of the use of the money on the safety of Utah's workplaces.
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(6) The money deposited in the restricted account:
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(a) shall be:
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(i) used only for the activities described in Subsection (3) or (4); and
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(ii) expended according to processes that can be verified by audit; and
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(b) may not be used by the commission for:
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(i) administrative costs unrelated to the restricted account; or
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(ii) any activity of the commission other than the activities of the commission
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described in Subsection (3) or (4).
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(7) The total of appropriations under Subsection (3)(b) may not exceed for a fiscal year an
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amount equal to 20% of the premium income remitted to the state treasurer pursuant to
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Subsection 59-9-101(2)(c) and deposited in the Workplace Safety Account during the
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previous fiscal year.
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Section 4. Section 34A-6-301 is amended to read:
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34A-6-301 . Inspection and investigation of workplace, worker injury, illness, or
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complaint -- Warrants -- Attendance of witnesses -- Recordkeeping by employers --
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Employer and employee representatives -- Request for inspection -- Compilation and
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publication of reports and information -- Rules.
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(1)(a) The division or [its representatives] the division's authorized representative, upon
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presenting appropriate credentials to the owner, operator, or agent in charge, may:
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(i) enter without delay at reasonable times any workplace where work is performed
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by an employee of an employer;
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(ii) inspect and investigate during regular working hours and at other reasonable
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times in a reasonable manner any workplace, worker injury, occupational disease,
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or complaint and all pertinent methods, operations, processes, conditions,
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structures, machines, apparatus, devices, equipment, and materials in the
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workplace; and
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(iii) question privately any such employer, owner, operator, agent, or employee.
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(b) The division, upon an employer's refusal to permit an inspection, may seek a warrant
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pursuant to the Utah Rules of Criminal Procedure.
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(2)(a) The division or [its representatives] the division's authorized representative may
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require the attendance and testimony of witnesses and the production of evidence
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under oath.
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(b) Witnesses shall receive fees and mileage in accordance with Section 78B-1-119.
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(c)(i) If any person fails or refuses to obey an order of the division to appear, any
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district court within the jurisdiction of which such person is found, or resides or
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transacts business, upon the application by the division, shall have jurisdiction to
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issue to any person an order requiring that person to:
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(A) appear to produce evidence if, as, and when so ordered; and
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(B) give testimony relating to the matter under investigation or in question.
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(ii) Any failure to obey an order of the court described in this Subsection (2)(c) may
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be punished by the court as a contempt.
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(3)(a) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, requiring employers:
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(i) to keep records regarding activities related to this chapter considered necessary for
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enforcement or for the development of information about the causes and
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prevention of occupational accidents and diseases; and
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(ii) through posting of notices or other means, to inform employees of their rights and
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obligations under this chapter including applicable standards.
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(b) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, requiring employers to keep records regarding any
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work-related death and injury and any occupational disease as provided in this
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Subsection (3)(b).
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(i) Each employer shall investigate or cause to be investigated all work-related
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injuries and occupational diseases and any sudden or unusual occurrence or
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change of conditions that pose an unsafe or unhealthful exposure to employees.
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(ii) Each employer shall, within eight hours of occurrence, notify the division of any:
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(A) work-related fatality;
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(B) disabling, serious, or significant injury; or
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(C) occupational disease incident.
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(iii)(A) Each employer shall file a report with the Division of Industrial Accidents
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in accordance with Sections 34A-2-407 and 34A-3-108, after the employer's
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first knowledge of the occurrence, or after the employee's notification of the
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same, in the form prescribed by the Division of Industrial Accidents, of any
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work-related fatality or any work-related injury or occupational disease
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resulting in:
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(I) medical treatment;
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(II) loss of consciousness;
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(III) loss of work;
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(IV) restriction of work; or
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(V) transfer to another job.
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(B)(I) Each employer shall file a subsequent report with the Division of
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Industrial Accidents of any previously reported injury or occupational
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disease that later resulted in death.
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(II) The subsequent report shall be filed with the Division of Industrial
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Accidents in accordance with Sections 34A-2-407 and 34A-3-108.
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(iv) A report is not required for minor injuries, such as cuts or scratches that require
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first aid treatment only, unless a treating physician files, or is required to file, the
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Physician's Initial Report of Work Injury or Occupational Disease with the
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Division of Industrial Accidents.
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(v) A report is not required:
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(A) for occupational diseases that manifest after the employee is no longer
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employed by the employer with which the exposure occurred; or
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(B) where the employer is not aware of an exposure occasioned by the
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employment which results in a compensable occupational disease as defined by
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Section 34A-3-103.
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(vi) Each employer shall provide the employee with:
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(A) a copy of the report submitted to the Division of Industrial Accidents; and
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(B) a statement, as prepared by the Division of Industrial Accidents, of the
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employee's rights and responsibilities related to the industrial injury or
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occupational disease.
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(vii) Each employer shall maintain a record in a manner prescribed by the
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commission of all work-related fatalities or work-related injuries and of all
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occupational diseases resulting in:
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(A) medical treatment;
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(B) loss of consciousness;
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(C) loss of work;
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(D) restriction of work; or
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(E) transfer to another job.
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(viii) The commission shall make rules in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act, to implement this Subsection (3)(b)
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consistent with nationally recognized rules or standards on the reporting and
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recording of work-related injuries and occupational diseases.
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(c)(i) The commission shall make rules in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act, requiring employers to keep records
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regarding exposures to potentially toxic materials or harmful physical agents
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required to be measured or monitored under Section 34A-6-202.
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(ii)(A) The rules made under Subsection (3)(c)(i) shall provide for employees or
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their representatives:
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(I) to observe the measuring or monitoring; and
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(II) to have access to the records of the measuring or monitoring, and to
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records that indicate their exposure to toxic materials or harmful agents.
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(B) Each employer shall promptly notify employees being exposed to toxic
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materials or harmful agents in concentrations that exceed prescribed levels and
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inform any such employee of the corrective action being taken.
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(4) Information obtained by the division shall be obtained with a minimum burden upon
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employers, especially those operating small businesses.
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(5) A representative of the employer and a representative authorized by employees shall be
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given an opportunity to accompany the division's authorized representative during the
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physical inspection of any workplace. If there is no authorized employee representative,
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the division's authorized representative shall consult with a reasonable number of
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employees concerning matters of health and safety in the workplace.
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(6)(a)(i)(A) Any employee or representative of employees who believes that a
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violation of an adopted safety or health standard exists that threatens physical
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harm, or that an imminent danger exists, may request an inspection by giving
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notice to the division's authorized representative of the violation or danger.
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The notice shall be:
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(I) in writing, setting forth with reasonable particularity the grounds for notice;
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and
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(II) signed by the employee or representative of employees.
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(B) A copy of the notice shall be provided the employer or the employer's agent
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no later than at the time of inspection.
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(C) Upon request of the person giving notice, the person's name and the names of
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individual employees referred to in the notice may not appear in the copy or on
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any record published, released, or made available pursuant to Subsection (7).
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(ii)(A) If upon receipt of the notice the division's authorized representative
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determines there are reasonable grounds to believe that a violation or danger
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exists, the authorized representative shall make a special inspection in
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accordance with this section as soon as practicable to determine if a violation
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or danger exists.
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(B) If the division's authorized representative determines there are no reasonable
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grounds to believe that a violation or danger exists, the authorized
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representative shall notify the employee or representative of the employees in
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writing of that determination.
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(b)(i) Prior to or during any inspection of a workplace, any employee or
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representative of employees employed in the workplace may notify the division or [
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its representative] the division's authorized representative of any violation of a
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standard that they have reason to believe exists in the workplace.
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(ii) The division shall:
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(A) by rule, establish procedures for informal review of any refusal by [a] an
415
authorized representative of the division to issue a citation with respect to any
416
alleged violation; and
417
(B) furnish the employees or representative of employees requesting review a
418
written statement of the reasons for the division's final disposition of the case.
419
(7)(a) The division may compile, analyze, and publish, either in summary or detailed
420
form, all reports or information obtained under this section, subject to the limitations
421
set forth in Section 34A-6-306.
422
(b) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
423
Administrative Rulemaking Act, necessary to carry out its responsibilities under this
424
chapter, including rules for information obtained under this section, subject to the
425
limitations set forth in Section 34A-6-306.
426
(8) Any employer who refuses or neglects to make reports, to maintain records, or to file
427
reports with the commission as required by this section is guilty of a class C
428
misdemeanor and subject to citation under Section 34A-6-302 and a civil assessment as
429
provided under Section 34A-6-307, unless the commission finds that the employer has
430
shown good cause for submitting a report later than required by this section.
431
Section 5. Section 34A-6-302 is amended to read:
432
34A-6-302 . Citations issued by division -- Grounds -- Posting -- Limitation.
433
(1)(a) If upon inspection or investigation, the division or [its] the division's authorized
434
representative believes that an employer has violated a requirement of Section
435
34A-6-201, of any standard, rule, or order issued under Section 34A-6-202, or any
- 13 - S.B. 256 Enrolled Copy
436
rules under this chapter, it shall with reasonable promptness issue a citation to the
437
employer.
438
(b) Each citation shall:
439
(i) be in writing; and
440
(ii) describe with particularity the nature of the violation, including a reference to the
441
provision of the chapter, standard, rule, or order alleged to have been violated.
442
(c) The citation shall fix a reasonable time for the abatement of the violation. In the case
443
of a review proceeding initiated by the employer in good faith, not for the purpose of
444
delay or avoidance of the penalties, the time for abatement begins to run on the date
445
of the final order of the commission.
446
(d) The commission may prescribe procedures for the issuance of a notice in lieu of a
447
citation with respect to violations that have no direct or immediate relationship to
448
safety or health.
449
(2) Each citation issued under this section or a copy shall be prominently posted by the
450
employer, as required by rule, at or near each place a violation referred to in the citation
451
occurred.
452
(3) A citation may not be issued under this section after the expiration of six months
453
following the occurrence of any violation.
454
Section 6. Section 59-1-210 is amended to read:
455
59-1-210 . General powers and duties.
456
The powers and duties of the commission are as follows:
457
(1) to sue and be sued in its own name;
458
(2) to adopt rules and policies consistent with the Constitution and laws of this state to
459
govern the commission, executive director, division directors, and commission
460
employees in the performance of their duties;
461
(3) to adopt rules and policies consistent with the Constitution and laws of the state, to
462
govern county boards and officers in the performance of any duty relating to assessment,
463
equalization, and collection of taxes;
464
(4) to prescribe the use of forms relating to the assessment of property for state or local
465
taxation, the equalization of those assessments, the reporting of property or income for
466
state or local taxation purposes, or for the computation of those taxes and the reporting
467
of any information, statistics, or data required by the commission;
468
(5) to administer and supervise the tax laws of the state;
469
(6) to prepare and maintain from year to year a complete record of all lands subject to
- 14 - Enrolled Copy S.B. 256
470
taxation in this state, and all machinery used in mining and all property or surface
471
improvements upon or appurtenant to mines or mining claims;
472
(7) to exercise general supervision over assessors and county boards of equalization
473
including the authority to enforce Section 59-2-303.1, and over other county officers in
474
the performance of their duties relating to the assessment of property and collection of
475
taxes, so that all assessments of property are just and equal, according to fair market
476
value, and that the tax burden is distributed without favor or discrimination;
477
(8) to reconvene any county board of equalization which, when reconvened, may only
478
address business approved by the commission and extend the time for which any county
479
board of equalization may sit for the equalization of assessments;
480
(9) to confer with, advise, and direct county treasurers, assessors, and other county officers
481
in matters relating to the assessment and equalization of property for taxation and the
482
collection of taxes;
483
(10) to provide for and hold annually at such time and place as may be convenient a district
484
or state convention of county assessors, auditors, and other county officers to consider
485
and discuss matters relative to taxation, uniformity of valuation, and changes in the law
486
relative to taxation and methods of assessment, to which county assessors and other
487
officers called to attend shall attend at county expense;
488
(11) to direct proceedings, actions, and prosecutions to enforce the laws relating to the
489
penalties, liabilities, and punishments of public officers, persons, and officers or agents
490
of corporations for failure or neglect to comply with the statutes governing the reporting,
491
assessment, and taxation of property;
492
(12) to cause complaints to be made in the proper court seeking removal from office of
493
assessors, auditors, members of county boards, and other assessing, taxing, or disbursing
494
officers, who are guilty of official misconduct or neglect of duty;
495
(13) to require county attorneys to immediately institute and prosecute actions and
496
proceedings in respect to penalties, forfeitures, removals, and punishments for violations
497
of the laws relating to the assessment and taxation of property in their respective
498
counties;
499
(14) to require any person to furnish any information required by the commission to
500
ascertain the value and the relative burden borne by all kinds of property in the state, and
501
to require from all state and local officers any information necessary for the proper
502
discharge of the duties of the commission;
503
(15) to examine all records relating to the valuation of property of any person;
- 15 - S.B. 256 Enrolled Copy
504
(16) to subpoena witnesses to appear and give testimony and produce records relating to
505
any matter before the commission;
506
(17) to cause depositions of witnesses to be taken as in civil actions at the request of the
507
commission or any party to any matter or proceeding before the commission;
508
(18) to authorize any member or employee of the commission to administer oaths and
509
affirmations in any matter or proceeding relating to the exercise of the powers and duties
510
of the commission;
511
(19) to visit periodically each county of the state, to investigate and direct the work and
512
methods of local assessors and other officials in the assessment, equalization, and
513
taxation of property, and to ascertain whether the law requiring the assessment of all
514
property not exempt from taxation, and the collection of taxes, have been properly
515
administered and enforced;
516
(20) to carefully examine all cases where evasion or violation of the laws for assessment
517
and taxation of property is alleged, to ascertain whether existing laws are defective or
518
improperly administered;
519
(21) to furnish to the governor from time to time such assistance and information as the
520
governor requires;
521
(22) to transmit to the governor and to each member of the Legislature recommendations as
522
to legislation which will correct or eliminate defects in the operation of the tax laws and
523
will equalize the burden of taxation within the state;
524
(23) to correct any error in any assessment made by it at any time before the tax is due and
525
report the correction to the county auditor, who shall enter the corrected assessment
526
upon the assessment roll;
527
(24) to compile and publish statistics relating to taxation in the state and prepare and submit
528
an annual budget to the governor for inclusion in the state budget to be submitted to the
529
Legislature;
530
(25) to perform any further duties imposed by law, and exercise all powers necessary in the
531
performance of its duties;
532
(26) to adopt a schedule of fees assessed for services provided by the commission, unless
533
otherwise provided by statute. The fee shall be reasonable and fair, and shall reflect the
534
cost of services provided. Each fee established in this manner shall be submitted to and
535
approved by the Legislature as part of the commission's annual appropriations request.
536
The commission may not charge or collect any fee proposed in this manner without
537
approval by the Legislature;
- 16 - Enrolled Copy S.B. 256
538
(27) to comply with the procedures and requirements of Title 63G, Chapter 4,
539
Administrative Procedures Act, in its adjudicative proceedings; and
540
(28) to distribute [the money deposited into the Rural Health Care Facilities Account]
541
money to improve the delivery of quality health care in rural areas of the state, as
542
required by Section 26B-1-308.
543
Section 7. Section 59-15-109 is amended to read:
544
59-15-109 . Commission to deposit beer tax revenue.
545
(1) Except as provided in Subsections (2) and (3), the commission shall deposit revenue
546
collected under this chapter as follows:
547
(a) the greater of the following shall be deposited into the Alcoholic Beverage
548
Enforcement and Treatment Restricted Account created in Section 32B-2-403:
549
(i) an amount calculated by:
550
(A) determining an amount equal to 50% of the revenue collected for the fiscal
551
year two years preceding the fiscal year for which the deposit is made; and
552
(B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A);
553
or
554
(ii) $4,350,000; and
555
(b) the revenue collected in excess of the amount deposited in accordance with
556
Subsection (1)(a) shall be deposited into the General Fund.
557
(2) The commission shall annually deposit into the Alcoholic Beverage Enforcement and
558
Treatment Restricted Account created in Section 32B-2-403 an amount equal to the
559
amount of revenue generated in the current fiscal year by the portion of the tax imposed
560
under Section 59-15-101 that is equal to:
561
(a) $0.30 per 31-gallon barrel for beer imported or manufactured on or after July 1,
562
2003; and
563
(b) a proportionate rate to the rate described in Subsection (2)(a) for:
564
(i) any quantity of beer other than a 31-gallon barrel; or
565
(ii) the fractional parts of a 31-gallon barrel.
566
(3) Beginning fiscal year 2024-25, the commission shall annually deposit into the Alcoholic
567
Beverage Control Act Enforcement Fund created in Section 32B-2-305 an amount equal
568
to the amount of revenue generated in the current fiscal year by the portion of the tax
569
imposed under Section 59-15-101 that exceeds:
570
(a) $13.10 per 31-gallon barrel for beer imported or manufactured on or after July 1,
571
2024; and
- 17 - S.B. 256 Enrolled Copy
572
(b) a proportionate rate to the rate described in Subsection (3)(a) for:
573
(i) any quantity of beer other than a 31-gallon barrel; or
574
(ii) the fractional parts of a 31-gallon barrel.
575
[(4)(a) The commission shall notify the entities described in Subsection (4)(b) not later
576
than the September 1 preceding the fiscal year of the deposit of:]
577
[(i) the amount of the proceeds of the beer excise tax collected in accordance with
578
this section for the fiscal year two years preceding the fiscal year of deposit; and]
579
[(ii) an amount equal to 50% of the amount listed in Subsection (4)(a)(i).]
580
[(b) The notification required by Subsection (4)(a) shall be sent to:]
581
[(i) the Governor's Office of Planning and Budget; and]
582
[(ii) the Legislative Fiscal Analyst.]
583
Section 8. Section 63A-1-103 is amended to read:
584
63A-1-103 . Definitions.
585
As used in this title:
586
(1) "Agency" means a board, commission, institution, department, division, officer, council,
587
office, committee, bureau, or other administrative unit of the state, including the agency
588
head, agency employees, or other persons acting on behalf of or under the authority of
589
the agency head, the Legislature, the courts, or the governor, but does not mean a
590
political subdivision of the state, or any administrative unit of a political subdivision of
591
the state.
592
(2) "Department" means the Department of Government Operations.
593
(3) "Enterprise business management system" means the software system administered by
594
the department to integrate, streamline, and centralize the department's business
595
operations related to:
596
(a) the state's accounting system;
597
(b) payroll and human resources management;
598
(c) vendor management; and
599
(d) loan management and servicing.
600
[(3)] (4) "Executive director" means the executive director of the Department of
601
Government Operations.
602
Section 9. Section 63A-1-109.5 is amended to read:
603
63A-1-109.5 . Department authority to operate the department, a division, or an
604
office as an internal service fund agency.
605
(1) Subject to Subsection (2), Section 63A-1-114, and provisions governing internal
- 18 - Enrolled Copy S.B. 256
606
service funds or internal service fund agencies under Title 63J, Chapter 1, Budgetary
607
Procedures Act, the department may[ operate a division or office described in Section
608
63A-1-109 as an internal service fund agency.] :
609
(a) operate the department as an internal service fund agency; or
610
(b) operate a division or office described in Section 63A-1-109 as an internal service
611
fund agency.
612
(2)(a) The department may only operate the department as an internal service fund
613
agency for the purpose of providing a service related to the enterprise business
614
management system.
615
(b) If the department operates the department as an internal service fund agency in
616
accordance with this section, the department shall, before charging a rate, fee, or
617
other amount for a service provided by the department's internal service fund to an
618
executive branch agency, or to a subscriber of services other than an executive branch
619
agency:
620
(i) submit the proposed rate, fee, or other amount and cost analysis to the rate
621
committee established in Section 63A-1-114; and
622
(ii) obtain the approval of the Legislature as required under Section 63J-1-410.
623
Section 10. Section 63A-1-114 is amended to read:
624
63A-1-114 . Rate committee -- Membership -- Duties.
625
(1)(a) There is created a rate committee consisting of the executive directors,
626
commissioners, or superintendents of seven state agencies, which may include the
627
State Board of Education, that use services and pay rates to one of the department
628
internal service funds, or their designee, that the governor appoints for a two-year
629
term.
630
(b) The department may not have a representative on the rate committee.
631
(c)(i) The committee shall elect a chair from the committee's members.
632
(ii) Members of the committee who are state government employees and who do not
633
receive salary, per diem, or expenses from their agency for their service on the
634
committee shall receive no compensation, benefits, per diem, or expenses for the
635
members' service on the committee.
636
(d) The department shall provide staff services to the committee.
637
(2)[(a) A division described in Section 63A-1-109 that manages an internal service fund
638
shall submit to the committee a proposed rate schedule for services rendered by the
639
division to an executive branch entity or an entity that subscribes to services rendered
- 19 - S.B. 256 Enrolled Copy
640
by the division.] A division described in Section 63A-1-109 that operates an internal
641
service fund, or the department, if the department operates an internal service fund
642
under Section 63A-1-109.5, shall submit to the rate committee:
643
(a) a proposed rate schedule for the goods or services rendered by the department or the
644
division to:
645
(i) an executive branch entity; or
646
(ii) an entity that subscribes to a service rendered by the department or the division;
647
and
648
(b) other information or analysis requested by the rate committee.
649
[(b)] (3) [The] Subject to Subsection (4), the committee shall:
650
[(i)] (a) conduct all meetings in accordance with Title 52, Chapter 4, Open and Public
651
Meetings Act;
652
[(ii)] (b) meet at least once each calendar year to:
653
[(A)] (i) discuss the service performance of each internal service fund;
654
[(B)] (ii) review the proposed rate schedules;
655
[(C)] (iii) at the rate committee's discretion, [ ]approve, increase, or decrease the rate [ ]
656
schedules described in Subsection [(2)(b)(ii)(B)] (3)(b)(ii); and
657
[(D)] (iv) discuss any prior or potential adjustments to the service level received by
658
state agencies that pay rates to an internal service fund;
659
[(iii)] (c) recommend a proposed rate schedule for each internal service fund to:
660
[(A)] (i) the Governor's Office of Planning and Budget; and
661
[(B)] (ii) each legislative appropriations subcommittee that, in accordance with
662
Section 63J-1-410, approves the internal service fund agency's rates and budget;
663
and
664
[(iv)] (d) review and approve, increase, or decrease an interim rate when an internal
665
service fund agency begins a new service or introduces a new product between
666
annual general sessions of the Legislature.
667
(4) In addition to the meeting described in Subsection (3)(b), if an internal service fund
668
agency submits a proposed increased rate schedule to the rate committee in accordance
669
with Subsection 63J-1-410(4)(c), the committee shall, no later than 30 days after the day
670
on which the committee receives the increased rate schedule, convene a meeting of the
671
committee to:
672
(a) review the proposed increased rate schedule; and
673
(b) at the committee's discretion, approve or reject the proposed increased rate schedule.
- 20 - Enrolled Copy S.B. 256
674
[(c)] (5) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate
675
that has been approved by the Legislature.
676
Section 11. Section 63B-1-304 is amended to read:
677
63B-1-304 . State Building Ownership Authority created -- Members --
678
Compensation.
679
(1) There is created a body politic and corporate to be known as the State Building
680
Ownership Authority composed of:
681
(a) the governor;
682
(b) the state treasurer; and
683
(c) the executive director of the Department of Government Operations.
684
(2) A member may not receive compensation or benefits for the member's service, but may
685
receive per diem and travel expenses in accordance with:
686
(a) Section 63A-3-106;
687
(b) Section 63A-3-107; and
688
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
689
63A-3-107.
690
(3)(a) Upon request, the division shall provide staff support to the State Building
691
Ownership Authority.
692
(b) The State Building Ownership Authority may seek and obtain independent financial
693
advice, support, and information from the state financial advisor created under
694
Section 67-4-16.
695
Section 12. Section 63J-1-410 is amended to read:
696
63J-1-410 . Internal service funds -- Governance and review.
697
(1) For purposes of this section:
698
(a) "Agency" means a department, division, office, bureau, or other unit of state
699
government, and includes any subdivision of an agency.
700
(b) "Do not replace vehicles" means a vehicle accounted for in the Division of Fleet
701
Operations for which charges to an agency for its use do not include amounts to
702
cover depreciation or to accumulate assets to replace the vehicle at the end of its
703
useful life.
704
(c) "Internal service fund agency" means an agency that provides goods or services to
705
other agencies of state government or to other governmental units on a capital
706
maintenance and cost reimbursement basis, and which recovers costs through
707
interagency billings.
- 21 - S.B. 256 Enrolled Copy
708
(d) "Revolving loan fund" means each of the revolving loan funds defined in Section
709
63A-3-205.
710
(2) An internal service fund agency is not subject to this section with respect to its
711
administration of a revolving loan fund.
712
(3)(a) An internal service fund agency may not bill another agency for services that it
713
provides for each internal service fund operated by the agency, unless the Legislature
714
has:
715
(i) reviewed and approved each internal service fund's budget request;
716
(ii) reviewed and approved each internal service fund's rates, fees, and other amounts
717
that it charges those who use its services and included those rates, fees, and
718
amounts in an appropriation act;
719
(iii) approved the number of full-time[, permanent] positions of each internal service
720
fund as part of the annual appropriation process;
721
(iv) [review] reviewed the number of full-time equivalent contract employees of each
722
internal service fund as part of the annual appropriation process; and
723
(v) appropriated to the internal service fund agency each internal service fund's
724
estimated revenue based upon the rates and fee structure that are the basis for the
725
estimate.
726
(b) If an internal service fund agency operates more than one internal service fund
727
within the internal service fund agency, the internal service fund agency shall comply
728
with the review and approval requirements under Subsection (3)(a) for each internal
729
service fund.
730
(c) If an internal service fund agency operates an internal service fund and does not get
731
the approvals required under Subsection (3)(a) or (4)(b), the internal service fund
732
agency shall rebate all rates, fees, and amounts collected to those who use the
733
services for the rates, fees, and amounts collected that were not approved under
734
Subsection (3)(a) or (4)(b).
735
(4)(a) Except as provided in [Subsection (4)(b)] Subsections (4)(b) and (c), an internal
736
service fund agency may not charge rates, fees, and other amounts that exceed the
737
rates, fees, and amounts [established] approved by the Legislature in [the] an
738
appropriations act.
739
(b)(i) An internal service fund agency that begins a new service or introduces a new
740
product between annual general sessions of the Legislature may, for that service
741
or product:
- 22 - Enrolled Copy S.B. 256
742
(A) establish and charge an interim rate or amount;
743
(B) acquire contract employees, if necessary; or
744
(C) do a combination of Subsections (4)(b)(i)(A) and (B).
745
(ii) The internal service fund agency shall:
746
(A) submit the interim rate or amount under Subsection (4)(b)(i) to the Legislature
747
for approval at the next annual general session; and
748
(B) report any change in the number of contract employees under Subsection
749
(4)(b)(i) to the appropriate legislative appropriations subcommittee for review.
750
(c) An internal service fund agency may, in a fiscal year, charge rates, fees, and other
751
amounts that exceed the rates, fees, or amounts approved by the Legislature in an
752
appropriations act, if:
753
(i) during the immediately preceding annual general session, the Legislature
754
appropriates money to each state agency to pay for an increase in the state
755
agency's employee's compensation;
756
(ii) within 90 days after the day on which the Legislature adjourns the general session
757
sine die, the internal service fund agency submits a proposed increased rate
758
schedule to the rate committee established in Section 63A-1-114 that adjusts the
759
rates, fees, and amounts approved by the Legislature to reflect the percentage
760
increase that the Legislature appropriated for state agency employee compensation
761
under Subsection (4)(c)(i);
762
(iii) the rate committee approves the proposed increased rate schedule described in
763
Subsection (4)(c)(ii) during the meeting described in Subsection 63A-1-114(4);
764
and
765
(iv) the internal service fund agency uses all the revenue from the rate schedule
766
increase under this Subsection (4) to increase the internal service fund agency's
767
employee's compensation in an amount equivalent to the state agency employee
768
compensation increase described in Subsection (4)(c)(i).
769
(5) The internal service fund agency budget request shall separately identify the capital
770
needs and the related capital budget.
771
(6) In the fiscal year that the accounting change referred to in Subsection 51-5-6(2) is
772
implemented by the Division of Finance, the Division of Finance shall transfer equity
773
created by that accounting change to any internal service fund agency up to the amount
774
needed to eliminate any long-term debt and deficit working capital in the fund.
775
(7) No new internal service fund agency may be established unless reviewed and approved
- 23 - S.B. 256 Enrolled Copy
776
by the Legislature.
777
(8)(a) Except as provided in Subsection (8)(f), an internal service fund agency may not
778
acquire capital assets unless legislative approval for acquisition of the assets has been
779
included in an appropriations act for the internal service fund agency.
780
(b) An internal service fund agency may not acquire capital assets after the transfer
781
mandated by Subsection (6) has occurred unless the internal service fund agency has
782
adequate working capital.
783
(c) The internal service fund agency shall provide working capital from the following
784
sources in the following order:
785
(i) first, from operating revenues to the extent allowed by state rules and federal
786
regulations;
787
(ii) second, from long-term debt, subject to the restrictions of this section; and
788
(iii) last, from an appropriation.
789
(d)(i) To eliminate negative working capital, an internal service fund agency may
790
incur long-term debt from the General Fund or Special Revenue Funds to acquire
791
capital assets.
792
(ii) The internal service fund agency shall repay all long-term debt borrowed from the
793
General Fund or Special Revenue Funds by making regular payments over the
794
useful life of the asset according to the asset's depreciation schedule.
795
(e)(i) The Division of Finance may not allow an internal service fund agency's
796
borrowing to exceed 90% of the net book value of the agency's capital assets as of
797
the end of the fiscal year.
798
(ii) If an internal service fund agency wishes to purchase authorized assets or enter
799
into equipment leases that would increase its borrowing beyond 90% of the net
800
book value of the agency's capital assets, the agency may purchase those assets
801
only with money appropriated from another fund, such as the General Fund or a
802
special revenue fund.
803
(f)(i) Except as provided in Subsection (8)(f)(ii), capital assets acquired through
804
agency appropriation may not be transferred to any internal service fund agency
805
without legislative approval.
806
(ii) Vehicles acquired by agencies from appropriated funds or money appropriated to
807
agencies to be used for vehicle purchases may be transferred to the Division of
808
Fleet Operations and, when transferred, become part of the Fleet Operations
809
Internal Service Fund.
- 24 - Enrolled Copy S.B. 256
810
(iii) Vehicles acquired with funding from sources other than state appropriations or
811
acquired through the federal surplus property donation program may be
812
transferred to the Division of Fleet Operations and, when transferred, become part
813
of the Fleet Operations Internal Service Fund.
814
(iv) Unless otherwise approved by the Legislature, vehicles acquired under
815
Subsection (8)(f)(iii) shall be accounted for as "do not replace" vehicles.
816
(9) The Division of Finance shall adopt policies and procedures related to the accounting
817
for assets, liabilities, equity, revenues, expenditures, and transfers of internal service
818
funds agencies.
819
Section 13. FY 2025 Appropriations.
820
The following sums of money are appropriated for the fiscal year beginning July 1,
821
2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
822
fiscal year 2025.
823
Subsection 13(a). Operating and Capital Budgets
824
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
825
Legislature appropriates the following sums of money from the funds or accounts indicated for
826
the use and support of the government of the state of Utah.
827
ITEM 1 To Utah State Tax Commission - Rural Health Care Facilities Distribution
828
From General Fund, One-time 218,900
829
From General Fund Restricted - Rural Healthcare
830
Facilities Acct, One-time (218,900)
831
Subsection 13(b). Restricted Fund and Account Transfers
832
The Legislature authorizes the State Division of Finance to transfer the following
833
amounts between the following funds or accounts as indicated. Expenditures and outlays from
834
the funds to which the money is transferred must be authorized by an appropriation.
835
ITEM 2 To General Fund Restricted - Rural Health Care Facilities Fund
836
From General Fund, One-time (218,900)
837
Schedule of Programs:
838
General Fund Restricted - Rural Health Care
839
Facilities Fund (218,900)
840
Section 14. FY 2026 Appropriations.
841
The following sums of money are appropriated for the fiscal year beginning July 1,
842
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
843
fiscal year 2026.
- 25 - S.B. 256 Enrolled Copy
844
Subsection 14(a). Operating and Capital Budgets
845
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
846
Legislature appropriates the following sums of money from the funds or accounts indicated for
847
the use and support of the government of the state of Utah.
848
ITEM 3 To Utah State Tax Commission - Rural Health Care Facilities Distribution
849
From General Fund Restricted - Rural Healthcare
850
Facilities Acct (218,900)
851
Schedule of Programs:
852
Rural Health Care Facilities Distribution (218,900)
853
ITEM 4 To Utah State Tax Commission - Rural Health Care Facilities Distribution
854
From General Fund 218,900
855
Schedule of Programs:
856
Rural Health Care Facilities Distribution 218,900
857
Subsection 14(b). Restricted Fund and Account Transfers
858
The Legislature authorizes the State Division of Finance to transfer the following
859
amounts between the following funds or accounts as indicated. Expenditures and outlays from
860
the funds to which the money is transferred must be authorized by an appropriation.
861
ITEM 5 To General Fund Restricted - Rural Health Care Facilities Fund
862
From General Fund (218,900)
863
Schedule of Programs:
864
General Fund Restricted - Rural Health Care
865
Facilities Fund (218,900)
866
Section 15. Effective Date.
867
This bill takes effect on May 7, 2025.
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