Utah 2025 Regular Session

Utah Senate Bill SB0256 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 256
	1	+	03-05 20:54 2nd Sub. (Salmon) S.B. 256
	2	+	Norman K Thurston proposes the following substitute bill:
2	3		1
3	4		General Government and Appropriations Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Jen Plumb
7	8		House Sponsor: Norman K Thurston
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions related to government departments and legislative
16	17		6
17	18		appropriations.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ repeals the Rural Health Care Facilities restricted account;
24	25		10
25	26		▸ appropriates money to the State Tax Commission (tax commission) for distribution to
26	27		11
27	28		certain counties and municipalities to improve the delivery of health care in rural areas
28	29		12
29	30		of the state;
30	31		13
31	32		▸ requires the insurance commissioner to update the state's essential health benefits plan
32	33		14
33	34		with benefits mandated since January 1, 2012;
34	35		15
35	36		▸ allows the insurance commissioner to update the plan described above to incorporate
36	37		16
37	38		federally mandated benefits under the Patient Protection and Affordable Care Act;
38	39		17
39	40		▸ repeals the tax commission's reporting requirements related to the tax commission's
40	41		18
41	42		collection of the beer excise tax;
42	43		19
43	44		▸ authorizes the Labor Commission (commission) to use certain restricted account funds to
44	45		20
45	46		pay the salary and benefits of a compliance officer for the commission's Division of
46	47		21
47	48		Occupational Safety and Health;
48	49		22
49	50		▸ grants the Department of Government Operations (department) the authority to operate
50	51		23
51	52		the department as an internal service fund agency to provide certain government-related
52	53		24
53	54		services;
54	55		25
55	56		▸ establishes a process for an internal service fund agency to compensate the agency's
56	57		26
57	58		employees at a rate that is equivalent to state agency employees by submitting a
58	59		27
59		-	proposed increased rate schedule to the rate committee after the annual legislative ~~S.B. 256 Enrolled Copy~~
	60	+	proposed increased rate schedule to the rate committee after the annual legislative
60	61		28
61	62		session;
	63	+	2nd Sub. S.B. 256 2nd Sub. (Salmon) S.B. 256 03-05 20:54
62	64		29
63	65		▸ requires the rate committee to convene a meeting within 30 days of receiving the rate
64	66		30
65	67		schedule described above to review and approve or reject the increased rate schedule;
66	68		31
67	69		▸ repeals an outdated reference to the former Department of Administrative Services; and
68	70		32
69	71		▸ makes technical and conforming changes.
70	72		33
71	73		Money Appropriated in this Bill:
72	74		34
73	75		This bill appropriates ($218,900) in restricted fund and account transfers for fiscal year
74	76		35
75	77		2025, all of which is from the General Fund.
76	78		36
77	79		This bill appropriates ($218,900) in restricted fund and account transfers for fiscal year 2026,
78	80		37
79	81		all of which is from the General Fund.
80	82		38
81	83		Other Special Clauses:
82	84		39
83	85		None
84	86		40
85	87		Utah Code Sections Affected:
86	88		41
87	89		AMENDS:
88	90		42
89	91		26B-1-308, as last amended by Laws of Utah 2023, Chapter 310 and renumbered and
90	92		43
91	93		amended by Laws of Utah 2023, Chapter 305
92	94		44
93	95		31A-45-403, as enacted by Laws of Utah 2018, Chapter 319
94	96		45
95	97		34A-2-701, as last amended by Laws of Utah 2019, Chapter 194
96	98		46
97	99		34A-6-301, as last amended by Laws of Utah 2013, Chapter 72
98	100		47
99	101		34A-6-302, as renumbered and amended by Laws of Utah 1997, Chapter 375
100	102		48
101	103		59-1-210, as last amended by Laws of Utah 2023, Chapter 329
102	104		49
103	105		59-15-109, as last amended by Laws of Utah 2024, Chapter 94
104	106		50
105	107		63A-1-103, as last amended by Laws of Utah 2021, Chapter 344
106	108		51
107	109		63A-1-109.5, as last amended by Laws of Utah 2016, Chapter 193
108	110		52
109	111		63A-1-114, as last amended by Laws of Utah 2022, Chapter 169
110	112		53
111	113		63B-1-304, as last amended by Laws of Utah 2022, Chapter 421
112	114		54
113	115		63J-1-410, as last amended by Laws of Utah 2014, Chapter 236
114	116		55
115	117
116	118		56
117	119		Be it enacted by the Legislature of the state of Utah:
118	120		57
119	121		Section 1. Section 26B-1-308 is amended to read:
120	122		58
121		-	26B-1-308 . Rural health care ~~funds~~ -- Source of revenues -- ~~Interest --~~
	123	+	26B-1-308 . Rural Health Care Facilities Account -- Source of revenues --
122	124		59
123		-	Distribution of revenues -- Expenditure of revenues -- Unexpended revenues ~~lapse into~~
	125	+	Interest -- Distribution of revenues -- Expenditure of revenues -- Unexpended revenues
124	126		60
125		-	the General Fund.
	127	+	lapse into the General Fund.
126	128		61
127	129		(1) As used in this section:
128		-	- 2 - Enrolled Copy S.B. 256
129	130		62
130	131		(a) "Emergency medical services" is as defined in Section 53-2d-101.
	132	+	- 2 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
131	133		63
132	134		(b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
133	135		64
134	136		(c) "Fiscal year" means a one-year period beginning on July 1 of each year.
135	137		65
136	138		(d) "Freestanding urgent care center" is as defined in Section 59-12-801.
137	139		66
138	140		(e) "Nursing care facility" is as defined in Section 26B-2-201.
139	141		67
140	142		(f) "Rural city hospital" is as defined in Section 59-12-801.
141	143		68
142	144		(g) "Rural county health care facility" is as defined in Section 59-12-801.
143	145		69
144	146		[(h) "Rural county hospital" is as defined in Section 59-12-801.]
145	147		70
146	148		[(i) "Rural county nursing care facility" is as defined in Section 59-12-801.]
147	149		71
148	150		[(j)] (h) "Rural emergency medical services" is as defined in Section 59-12-801.
149	151		72
150	152		(i) "Rural health care funds" means money appropriated by the Legislature to improve
151	153		73
152	154		the delivery of quality health care in rural areas of the state.
153	155		74
154	156		[(k)] (j) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
155	157		75
156	158		[(2) There is created a restricted account within the General Fund known as the "Rural
157	159		76
158	160		Health Care Facilities Account."]
159	161		77
160	162		[(3)(a) The restricted account shall be funded by amounts appropriated by the
161	163		78
162	164		Legislature.]
163	165		79
164	166		[(b) Any interest earned on the restricted account shall be deposited into the General
165	167		80
166	168		Fund.]
167	169		81
168	170		[(4)] (2) Subject to Subsections [(5)] (3) and [(6)] (4), the State Tax Commission shall for a
169	171		82
170	172		fiscal year distribute [money deposited into the restricted account] rural health care funds
171	173		83
172	174		to each:
173	175		84
174	176		(a) county legislative body of a county that, on January 1, 2007, imposes a tax in
175	177		85
176	178		accordance with Section 59-12-802 and has not repealed the tax; or
177	179		86
178	180		(b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
179	181		87
180	182		with Section 59-12-804 and has not repealed the tax.
181	183		88
182	184		[(5)] (3)(a) Subject to Subsection [(6)] (4), for purposes of the distribution required by
183	185		89
184	186		Subsection [(4)] (2), the State Tax Commission shall:
185	187		90
186	188		(i) estimate for each county and city described in Subsection [(4)] (2) the amount by
187	189		91
188	190		which the revenues collected from the taxes imposed under Sections 59-12-802
189	191		92
190	192		and 59-12-804 for fiscal year 2005-06 would have been reduced had:
191	193		93
192	194		(A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and
193	195		94
194	196		26, to Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06;
195	197		95
196	198		and
197		-	- 3 - S.B. 256 Enrolled Copy
198	199		96
199	200		(B) each county and city described in Subsection [(4)] (2) imposed the tax under
	201	+	- 3 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
200	202		97
201	203		Sections 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
202	204		98
203	205		(ii)(A) for fiscal years ending before fiscal year 2018, calculate a percentage for
204	206		99
205	207		each county and city described in Subsection [(4)] (2) by dividing the amount
206	208		100
207	209		estimated for each county and city in accordance with Subsection [(5)(a)(i)]
208	210		101
209	211		(3)(a)(i) by $555,000; and
210	212		102
211	213		(B) beginning in fiscal year 2018, calculate a percentage for each county and city
212	214		103
213	215		described in Subsection [(4)] (2) by dividing the amount estimated for each
214	216		104
215	217		county and city in accordance with Subsection [(5)(a)(i)] (3)(a)(i) by
216	218		105
217	219		$218,809.33;
218	220		106
219	221		(iii) distribute to each county and city described in Subsection [(4)] (2) an amount
220	222		107
221	223		equal to the product of:
222	224		108
223	225		(A) the percentage calculated in accordance with Subsection [(5)(a)(ii)] (3)(a)(ii);
224	226		109
225	227		and
226	228		110
227	229		(B) the amount appropriated by the Legislature [to the restricted account] as rural
228	230		111
229	231		health care funds for the fiscal year.
230	232		112
231	233		(b) The State Tax Commission shall make the estimations, calculations, and
232	234		113
233	235		distributions required by Subsection [(5)(a)] (3)(a) on the basis of data collected by
234	236		114
235	237		the State Tax Commission.
236	238		115
237	239		[(6)] (4) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city
238	240		116
239	241		legislative body repeals a tax imposed under Section 59-12-804:
240	242		117
241	243		(a) the [commission] State Tax Commission shall determine in accordance with
242	244		118
243	245		Subsection [(5)] (3) the distribution that, but for this Subsection [(6)] (4), the county
244	246		119
245	247		legislative body or city legislative body would receive; and
246	248		120
247	249		(b) after making the determination required by Subsection [(6)(a)] (4)(a), the [commission]
248	250		121
249	251		State Tax Commission shall:
250	252		122
251	253		(i) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
252	254		123
253	255		59-12-804 is October 1:
254	256		124
255	257		(A)(I) distribute to the county legislative body or city legislative body 25% of
256	258		125
257	259		the distribution determined in accordance with Subsection [(6)(a)] (4)(a); and
258	260		126
259	261		(II) deposit 75% of the distribution determined in accordance with Subsection [
260	262		127
261	263		(6)(a)] (4)(a) into the General Fund; and
262	264		128
263	265		(B) beginning with the first fiscal year after the effective date of the repeal and for
264	266		129
265	267		each subsequent fiscal year, deposit the entire amount of the distribution
266		-	- 4 - Enrolled Copy S.B. 256
267	268		130
268	269		determined in accordance with Subsection [(6)(a)] (4)(a) into the General Fund;
	270	+	- 4 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
269	271		131
270	272		(ii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
271	273		132
272	274		59-12-804 is January 1:
273	275		133
274	276		(A)(I) distribute to the county legislative body or city legislative body 50% of
275	277		134
276	278		the distribution determined in accordance with Subsection [(6)(a)] (4)(a); and
277	279		135
278	280		(II) deposit 50% of the distribution determined in accordance with Subsection [
279	281		136
280	282		(6)(a)] (4)(a) into the General Fund; and
281	283		137
282	284		(B) beginning with the first fiscal year after the effective date of the repeal and for
283	285		138
284	286		each subsequent fiscal year, deposit the entire amount of the distribution
285	287		139
286	288		determined in accordance with Subsection [(6)(a)] (4)(a) into the General Fund;
287	289		140
288	290		(iii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
289	291		141
290	292		59-12-804 is April 1:
291	293		142
292	294		(A)(I) distribute to the county legislative body or city legislative body 75% of
293	295		143
294	296		the distribution determined in accordance with Subsection [(6)(a)] (4)(a); and
295	297		144
296	298		(II) deposit 25% of the distribution determined in accordance with Subsection [
297	299		145
298	300		(6)(a)] (4)(a) into the General Fund; and
299	301		146
300	302		(B) beginning with the first fiscal year after the effective date of the repeal and for
301	303		147
302	304		each subsequent fiscal year, deposit the entire amount of the distribution
303	305		148
304	306		determined in accordance with Subsection [(6)(a)] (4)(a) into the General Fund;
305	307		149
306	308		or
307	309		150
308	310		(iv) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
309	311		151
310	312		59-12-804 is July 1, beginning on that effective date and for each subsequent
311	313		152
312	314		fiscal year, deposit the entire amount of the distribution determined in accordance
313	315		153
314	316		with Subsection [(6)(a)] (4)(a) into the General Fund.
315	317		154
316	318		[(7)] (5)(a) Subject to Subsection [(7)(b)] (5)(b) and Section 59-12-802, a county
317	319		155
318	320		legislative body shall distribute the money the county legislative body receives in
319	321		156
320	322		accordance with Subsection [(5)] (3) or [(6)] (4):
321	323		157
322	324		(i) for a county of the third or fourth class, to fund rural county health care facilities
323	325		158
324	326		in that county; and
325	327		159
326	328		(ii) for a county of the fifth or sixth class, to fund:
327	329		160
328	330		(A) rural emergency medical services in that county;
329	331		161
330	332		(B) federally qualified health centers in that county;
331	333		162
332	334		(C) freestanding urgent care centers in that county;
333	335		163
334	336		(D) rural county health care facilities in that county;
335		-	- 5 - S.B. 256 Enrolled Copy
336	337		164
337	338		(E) rural health clinics in that county; or
	339	+	- 5 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
338	340		165
339	341		(F) a combination of Subsections [(7)(a)(ii)(A)] (5)(a)(ii)(A) through (E).
340	342		166
341	343		(b) A county legislative body shall distribute the money the county legislative body
342	344		167
343	345		receives in accordance with Subsection [(5) or (6)] (3) or (4) to a center, clinic,
344	346		168
345	347		facility, or service described in Subsection [(7)(a)] (5)(a) as determined by the county
346	348		169
347	349		legislative body.
348	350		170
349	351		(c) A center, clinic, facility, or service that receives a distribution in accordance with this
350	352		171
351	353		Subsection [(7)] (5) shall expend that distribution for the same purposes for which
352	354		172
353	355		money collected from a tax under Section 59-12-802 may be expended.
354	356		173
355	357		[(8)] (6)(a) Subject to Subsection [(8)(b)] (6)(b), a city legislative body shall distribute the
356	358		174
357	359		money the city legislative body receives in accordance with Subsection [(5) or (6)] (3)
358	360		175
359	361		or (4) to fund rural city hospitals in that city.
360	362		176
361	363		(b) A city legislative body shall distribute a percentage of the money the city legislative
362	364		177
363	365		body receives in accordance with Subsection [(5) or (6)] (3) or (4) to each rural city
364	366		178
365	367		hospital described in Subsection [(8)(a)] (6)(a) equal to the same percentage that the
366	368		179
367	369		city legislative body distributes to that rural city hospital in accordance with Section
368	370		180
369	371		59-12-805 for the calendar year ending on the December 31 immediately preceding
370	372		181
371	373		the first day of the fiscal year for which the city legislative body receives the
372	374		182
373	375		distribution in accordance with Subsection [(5) or (6)] (3) or (4).
374	376		183
375	377		(c) A rural city hospital that receives a distribution in accordance with this Subsection [
376	378		184
377	379		(8)] (6) shall expend that distribution for the same purposes for which money
378	380		185
379	381		collected from a tax under Section 59-12-804 may be expended.
380	382		186
381	383		[(9) Any money remaining in the Rural Health Care Facilities Account at the end of a fiscal
382	384		187
383	385		year after the State Tax Commission makes the distributions required by this section
384	386		188
385	387		shall lapse into the General Fund.]
386	388		189
387	389		Section 2. Section 31A-45-403 is amended to read:
388	390		190
389	391		31A-45-403 . Essential health benefits.
390	392		191
391	393		(1) The state designates the state's own essential health benefits benchmark plan and does
392	394		192
393	395		not accept a federal determination of the essential health benefits benchmark plan under
394	396		193
395	397		the PPACA.
396	398		194
397	399		(2) [Subject to Subsections (3) and (4), the] The commissioner shall make rules in
398	400		195
399	401		accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that
400	402		196
401	403		designate the essential health benefits benchmark plan for the state.
402	404		197
403	405		(3)(a) The commissioner shall update the state's essential health benefits benchmark plan
404		-	- 6 - Enrolled Copy S.B. 256
405	406		198
406	407		for plan years beginning on January 1, 2027.
	408	+	- 6 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
407	409		199
408	410		(b) The commissioner shall include in the plan described in Subsection (3)(a):
409	411		200
410	412		(i) any state mandated health insurance benefit that applies to a health benefit plan
411	413		201
412	414		effective on or after January 1, 2012, through January 1, 2025; and
413	415		202
414	416		(ii) additional benefits mandated by the PPACA.
415	417		203
416		-	(4) The commissioner may expand the state's essential health ~~benefits~~ plan if additional
	418	+	(4) The commissioner may expand the state's essential health benefit plan if additional
417	419		204
418	420		benefits are mandated by the PPACA.
419	421		205
420	422		[(3) Before the commissioner makes rules in accordance with Subsection (2):]
421	423		206
422	424		[(a) the commissioner shall present a summary of the commissioner's planned rules to
423	425		207
424	426		the Health Reform Task Force; and]
425	427		208
426	428		[(b) the Health Reform Task Force shall recommend whether the commissioner makes
427	429		209
428	430		rules in accordance with the presented summary.]
429	431		210
430	432		[(4) The essential health benefits plan:]
431	433		211
432	434		[(a) may not include a state mandate if the inclusion of the state mandate would require
433	435		212
434	436		the state to contribute to premium subsidies under the PPACA; and]
435	437		213
436	438		[(b) may add benefits in addition to the benefits included in a benchmark plan adopted in
437	439		214
438	440		accordance with this section if the additional benefits are mandated under the
439	441		215
440	442		PPACA.]
441	443		216
442	444		Section 3. Section 34A-2-701 is amended to read:
443	445		217
444	446		34A-2-701 . Premium assessment restricted account for safety.
445	447		218
446	448		(1) There is created in the General Fund a restricted account known as the "Workplace
447	449		219
448	450		Safety Account."
449	451		220
450	452		(2)(a) An amount equal to 0.25% of the premium income remitted to the state treasurer
451	453		221
452	454		pursuant to Subsection 59-9-101(2)(c)(ii) shall be deposited in the Workplace Safety
453	455		222
454	456		Account in the General Fund for use as provided in this section.
455	457		223
456	458		(b) Beginning with fiscal year 2008-09, if the balance in the Workplace Safety Account
457	459		224
458	460		exceeds $500,000 at the close of a fiscal year, the excess shall be transferred to:
459	461		225
460	462		(i) the Employers' Reinsurance Fund, created under Subsection 34A-2-702(1); or
461	463		226
462	464		(ii) if the commissioner has made the notification described in Subsection
463	465		227
464	466		34A-2-702(7), the Uninsured Employers' Fund created in Section 34A-2-704.
465	467		228
466	468		(3) The Legislature shall appropriate from the restricted account money to one or both of
467	469		229
468	470		the following:
469	471		230
470	472		(a) money to the commission for use by the commission to:
471	473		231
472	474		(i) improve safety consultation services available to Utah employers;[ or]
473		-	- 7 - S.B. 256 Enrolled Copy
474	475		232
475	476		(ii) provide for electronic or print media advertising campaigns designed to promote
	477	+	- 7 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
476	478		233
477	479		workplace safety; [and] or
478	480		234
479	481		(iii) pay the salary and benefits of an employee of the commission who is an
480	482		235
481	483		authorized representative of the Division of Occupational Safety and Health under
482	484		236
483	485		Chapter 6, Part 3, Enforcement; and
484	486		237
485	487		(b) subject to Subsection (7), money known as the "Eddie P. Mayne Workplace Safety
486	488		238
487	489		and Occupational Health Funding Program":
488	490		239
489	491		(i) to an institution within the state system of higher education, as defined in Section
490	492		240
491	493		53B-1-102; and
492	494		241
493	495		(ii) to be expended by an education and research center that is:
494	496		242
495	497		(A) affiliated with the institution described in Subsection (3)(b)(i); and
496	498		243
497	499		(B) designated as an education and research center by the National Institute for
498	500		244
499	501		Occupational Safety and Health.
500	502		245
501	503		(4) From money appropriated by the Legislature from the restricted account to the
502	504		246
503	505		commission for use by the commission, the commission may fund other safety programs
504	506		247
505	507		or initiatives recommended to it by its state workers' compensation advisory council
506	508		248
507	509		created under Section 34A-2-107.
508	510		249
509	511		(5)(a) The commission shall annually report to the governor, the Legislature, and its
510	512		250
511	513		state council regarding:
512	514		251
513	515		(i) the use of the money appropriated to the commission under Subsection (3) or (4);
514	516		252
515	517		and
516	518		253
517	519		(ii) the impact of the use of the money on the safety of Utah's workplaces.
518	520		254
519	521		(b) By no later than August 15 following a fiscal year in which an education and
520	522		255
521	523		research center receives money from an appropriation under Subsection (3)(b), the
522	524		256
523	525		education and research center shall report:
524	526		257
525	527		(i) to:
526	528		258
527	529		(A) the governor;
528	530		259
529	531		(B) the Legislature;
530	532		260
531	533		(C) the commission; and
532	534		261
533	535		(D) the state workers' compensation advisory council created under Section
534	536		262
535	537		34A-2-107; and
536	538		263
537	539		(ii) regarding:
538	540		264
539	541		(A) the use of the money appropriated under Subsection (3)(b); and
540	542		265
541	543		(B) the impact of the use of the money on the safety of Utah's workplaces.
542		-	- 8 - Enrolled Copy S.B. 256
543	544		266
544	545		(6) The money deposited in the restricted account:
	546	+	- 8 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
545	547		267
546	548		(a) shall be:
547	549		268
548	550		(i) used only for the activities described in Subsection (3) or (4); and
549	551		269
550	552		(ii) expended according to processes that can be verified by audit; and
551	553		270
552	554		(b) may not be used by the commission for:
553	555		271
554	556		(i) administrative costs unrelated to the restricted account; or
555	557		272
556	558		(ii) any activity of the commission other than the activities of the commission
557	559		273
558	560		described in Subsection (3) or (4).
559	561		274
560	562		(7) The total of appropriations under Subsection (3)(b) may not exceed for a fiscal year an
561	563		275
562	564		amount equal to 20% of the premium income remitted to the state treasurer pursuant to
563	565		276
564	566		Subsection 59-9-101(2)(c) and deposited in the Workplace Safety Account during the
565	567		277
566	568		previous fiscal year.
567	569		278
568	570		Section 4. Section 34A-6-301 is amended to read:
569	571		279
570	572		34A-6-301 . Inspection and investigation of workplace, worker injury, illness, or
571	573		280
572	574		complaint -- Warrants -- Attendance of witnesses -- Recordkeeping by employers --
573	575		281
574	576		Employer and employee representatives -- Request for inspection -- Compilation and
575	577		282
576	578		publication of reports and information -- Rules.
577	579		283
578	580		(1)(a) The division or [its representatives] the division's authorized representative, upon
579	581		284
580	582		presenting appropriate credentials to the owner, operator, or agent in charge, may:
581	583		285
582	584		(i) enter without delay at reasonable times any workplace where work is performed
583	585		286
584	586		by an employee of an employer;
585	587		287
586	588		(ii) inspect and investigate during regular working hours and at other reasonable
587	589		288
588	590		times in a reasonable manner any workplace, worker injury, occupational disease,
589	591		289
590	592		or complaint and all pertinent methods, operations, processes, conditions,
591	593		290
592	594		structures, machines, apparatus, devices, equipment, and materials in the
593	595		291
594	596		workplace; and
595	597		292
596	598		(iii) question privately any such employer, owner, operator, agent, or employee.
597	599		293
598	600		(b) The division, upon an employer's refusal to permit an inspection, may seek a warrant
599	601		294
600	602		pursuant to the Utah Rules of Criminal Procedure.
601	603		295
602	604		(2)(a) The division or [its representatives] the division's authorized representative may
603	605		296
604	606		require the attendance and testimony of witnesses and the production of evidence
605	607		297
606	608		under oath.
607	609		298
608	610		(b) Witnesses shall receive fees and mileage in accordance with Section 78B-1-119.
609	611		299
610	612		(c)(i) If any person fails or refuses to obey an order of the division to appear, any
611		-	- 9 - S.B. 256 Enrolled Copy
612	613		300
613	614		district court within the jurisdiction of which such person is found, or resides or
	615	+	- 9 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
614	616		301
615	617		transacts business, upon the application by the division, shall have jurisdiction to
616	618		302
617	619		issue to any person an order requiring that person to:
618	620		303
619	621		(A) appear to produce evidence if, as, and when so ordered; and
620	622		304
621	623		(B) give testimony relating to the matter under investigation or in question.
622	624		305
623	625		(ii) Any failure to obey an order of the court described in this Subsection (2)(c) may
624	626		306
625	627		be punished by the court as a contempt.
626	628		307
627	629		(3)(a) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
628	630		308
629	631		Administrative Rulemaking Act, requiring employers:
630	632		309
631	633		(i) to keep records regarding activities related to this chapter considered necessary for
632	634		310
633	635		enforcement or for the development of information about the causes and
634	636		311
635	637		prevention of occupational accidents and diseases; and
636	638		312
637	639		(ii) through posting of notices or other means, to inform employees of their rights and
638	640		313
639	641		obligations under this chapter including applicable standards.
640	642		314
641	643		(b) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
642	644		315
643	645		Administrative Rulemaking Act, requiring employers to keep records regarding any
644	646		316
645	647		work-related death and injury and any occupational disease as provided in this
646	648		317
647	649		Subsection (3)(b).
648	650		318
649	651		(i) Each employer shall investigate or cause to be investigated all work-related
650	652		319
651	653		injuries and occupational diseases and any sudden or unusual occurrence or
652	654		320
653	655		change of conditions that pose an unsafe or unhealthful exposure to employees.
654	656		321
655	657		(ii) Each employer shall, within eight hours of occurrence, notify the division of any:
656	658		322
657	659		(A) work-related fatality;
658	660		323
659	661		(B) disabling, serious, or significant injury; or
660	662		324
661	663		(C) occupational disease incident.
662	664		325
663	665		(iii)(A) Each employer shall file a report with the Division of Industrial Accidents
664	666		326
665	667		in accordance with Sections 34A-2-407 and 34A-3-108, after the employer's
666	668		327
667	669		first knowledge of the occurrence, or after the employee's notification of the
668	670		328
669	671		same, in the form prescribed by the Division of Industrial Accidents, of any
670	672		329
671	673		work-related fatality or any work-related injury or occupational disease
672	674		330
673	675		resulting in:
674	676		331
675	677		(I) medical treatment;
676	678		332
677	679		(II) loss of consciousness;
678	680		333
679	681		(III) loss of work;
680		-	- 10 - Enrolled Copy S.B. 256
681	682		334
682	683		(IV) restriction of work; or
	684	+	- 10 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
683	685		335
684	686		(V) transfer to another job.
685	687		336
686	688		(B)(I) Each employer shall file a subsequent report with the Division of
687	689		337
688	690		Industrial Accidents of any previously reported injury or occupational
689	691		338
690	692		disease that later resulted in death.
691	693		339
692	694		(II) The subsequent report shall be filed with the Division of Industrial
693	695		340
694	696		Accidents in accordance with Sections 34A-2-407 and 34A-3-108.
695	697		341
696	698		(iv) A report is not required for minor injuries, such as cuts or scratches that require
697	699		342
698	700		first aid treatment only, unless a treating physician files, or is required to file, the
699	701		343
700	702		Physician's Initial Report of Work Injury or Occupational Disease with the
701	703		344
702	704		Division of Industrial Accidents.
703	705		345
704	706		(v) A report is not required:
705	707		346
706	708		(A) for occupational diseases that manifest after the employee is no longer
707	709		347
708	710		employed by the employer with which the exposure occurred; or
709	711		348
710	712		(B) where the employer is not aware of an exposure occasioned by the
711	713		349
712	714		employment which results in a compensable occupational disease as defined by
713	715		350
714	716		Section 34A-3-103.
715	717		351
716	718		(vi) Each employer shall provide the employee with:
717	719		352
718	720		(A) a copy of the report submitted to the Division of Industrial Accidents; and
719	721		353
720	722		(B) a statement, as prepared by the Division of Industrial Accidents, of the
721	723		354
722	724		employee's rights and responsibilities related to the industrial injury or
723	725		355
724	726		occupational disease.
725	727		356
726	728		(vii) Each employer shall maintain a record in a manner prescribed by the
727	729		357
728	730		commission of all work-related fatalities or work-related injuries and of all
729	731		358
730	732		occupational diseases resulting in:
731	733		359
732	734		(A) medical treatment;
733	735		360
734	736		(B) loss of consciousness;
735	737		361
736	738		(C) loss of work;
737	739		362
738	740		(D) restriction of work; or
739	741		363
740	742		(E) transfer to another job.
741	743		364
742	744		(viii) The commission shall make rules in accordance with Title 63G, Chapter 3,
743	745		365
744	746		Utah Administrative Rulemaking Act, to implement this Subsection (3)(b)
745	747		366
746	748		consistent with nationally recognized rules or standards on the reporting and
747	749		367
748	750		recording of work-related injuries and occupational diseases.
749		-	- 11 - S.B. 256 Enrolled Copy
750	751		368
751	752		(c)(i) The commission shall make rules in accordance with Title 63G, Chapter 3,
	753	+	- 11 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
752	754		369
753	755		Utah Administrative Rulemaking Act, requiring employers to keep records
754	756		370
755	757		regarding exposures to potentially toxic materials or harmful physical agents
756	758		371
757	759		required to be measured or monitored under Section 34A-6-202.
758	760		372
759	761		(ii)(A) The rules made under Subsection (3)(c)(i) shall provide for employees or
760	762		373
761	763		their representatives:
762	764		374
763	765		(I) to observe the measuring or monitoring; and
764	766		375
765	767		(II) to have access to the records of the measuring or monitoring, and to
766	768		376
767	769		records that indicate their exposure to toxic materials or harmful agents.
768	770		377
769	771		(B) Each employer shall promptly notify employees being exposed to toxic
770	772		378
771	773		materials or harmful agents in concentrations that exceed prescribed levels and
772	774		379
773	775		inform any such employee of the corrective action being taken.
774	776		380
775	777		(4) Information obtained by the division shall be obtained with a minimum burden upon
776	778		381
777	779		employers, especially those operating small businesses.
778	780		382
779	781		(5) A representative of the employer and a representative authorized by employees shall be
780	782		383
781	783		given an opportunity to accompany the division's authorized representative during the
782	784		384
783	785		physical inspection of any workplace. If there is no authorized employee representative,
784	786		385
785	787		the division's authorized representative shall consult with a reasonable number of
786	788		386
787	789		employees concerning matters of health and safety in the workplace.
788	790		387
789	791		(6)(a)(i)(A) Any employee or representative of employees who believes that a
790	792		388
791	793		violation of an adopted safety or health standard exists that threatens physical
792	794		389
793	795		harm, or that an imminent danger exists, may request an inspection by giving
794	796		390
795	797		notice to the division's authorized representative of the violation or danger.
796	798		391
797	799		The notice shall be:
798	800		392
799	801		(I) in writing, setting forth with reasonable particularity the grounds for notice;
800	802		393
801	803		and
802	804		394
803	805		(II) signed by the employee or representative of employees.
804	806		395
805	807		(B) A copy of the notice shall be provided the employer or the employer's agent
806	808		396
807	809		no later than at the time of inspection.
808	810		397
809	811		(C) Upon request of the person giving notice, the person's name and the names of
810	812		398
811	813		individual employees referred to in the notice may not appear in the copy or on
812	814		399
813	815		any record published, released, or made available pursuant to Subsection (7).
814	816		400
815	817		(ii)(A) If upon receipt of the notice the division's authorized representative
816	818		401
817	819		determines there are reasonable grounds to believe that a violation or danger
818		-	- 12 - Enrolled Copy S.B. 256
819	820		402
820	821		exists, the authorized representative shall make a special inspection in
	822	+	- 12 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
821	823		403
822	824		accordance with this section as soon as practicable to determine if a violation
823	825		404
824	826		or danger exists.
825	827		405
826	828		(B) If the division's authorized representative determines there are no reasonable
827	829		406
828	830		grounds to believe that a violation or danger exists, the authorized
829	831		407
830	832		representative shall notify the employee or representative of the employees in
831	833		408
832	834		writing of that determination.
833	835		409
834	836		(b)(i) Prior to or during any inspection of a workplace, any employee or
835	837		410
836	838		representative of employees employed in the workplace may notify the division or [
837	839		411
838	840		its representative] the division's authorized representative of any violation of a
839	841		412
840	842		standard that they have reason to believe exists in the workplace.
841	843		413
842	844		(ii) The division shall:
843	845		414
844	846		(A) by rule, establish procedures for informal review of any refusal by [a] an
845	847		415
846	848		authorized representative of the division to issue a citation with respect to any
847	849		416
848	850		alleged violation; and
849	851		417
850	852		(B) furnish the employees or representative of employees requesting review a
851	853		418
852	854		written statement of the reasons for the division's final disposition of the case.
853	855		419
854	856		(7)(a) The division may compile, analyze, and publish, either in summary or detailed
855	857		420
856	858		form, all reports or information obtained under this section, subject to the limitations
857	859		421
858	860		set forth in Section 34A-6-306.
859	861		422
860	862		(b) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
861	863		423
862	864		Administrative Rulemaking Act, necessary to carry out its responsibilities under this
863	865		424
864	866		chapter, including rules for information obtained under this section, subject to the
865	867		425
866	868		limitations set forth in Section 34A-6-306.
867	869		426
868	870		(8) Any employer who refuses or neglects to make reports, to maintain records, or to file
869	871		427
870	872		reports with the commission as required by this section is guilty of a class C
871	873		428
872	874		misdemeanor and subject to citation under Section 34A-6-302 and a civil assessment as
873	875		429
874	876		provided under Section 34A-6-307, unless the commission finds that the employer has
875	877		430
876	878		shown good cause for submitting a report later than required by this section.
877	879		431
878	880		Section 5. Section 34A-6-302 is amended to read:
879	881		432
880	882		34A-6-302 . Citations issued by division -- Grounds -- Posting -- Limitation.
881	883		433
882	884		(1)(a) If upon inspection or investigation, the division or [its] the division's authorized
883	885		434
884	886		representative believes that an employer has violated a requirement of Section
885	887		435
886	888		34A-6-201, of any standard, rule, or order issued under Section 34A-6-202, or any
887		-	- 13 - S.B. 256 Enrolled Copy
888	889		436
889	890		rules under this chapter, it shall with reasonable promptness issue a citation to the
	891	+	- 13 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
890	892		437
891	893		employer.
892	894		438
893	895		(b) Each citation shall:
894	896		439
895	897		(i) be in writing; and
896	898		440
897	899		(ii) describe with particularity the nature of the violation, including a reference to the
898	900		441
899	901		provision of the chapter, standard, rule, or order alleged to have been violated.
900	902		442
901	903		(c) The citation shall fix a reasonable time for the abatement of the violation. In the case
902	904		443
903	905		of a review proceeding initiated by the employer in good faith, not for the purpose of
904	906		444
905	907		delay or avoidance of the penalties, the time for abatement begins to run on the date
906	908		445
907	909		of the final order of the commission.
908	910		446
909	911		(d) The commission may prescribe procedures for the issuance of a notice in lieu of a
910	912		447
911	913		citation with respect to violations that have no direct or immediate relationship to
912	914		448
913	915		safety or health.
914	916		449
915	917		(2) Each citation issued under this section or a copy shall be prominently posted by the
916	918		450
917	919		employer, as required by rule, at or near each place a violation referred to in the citation
918	920		451
919	921		occurred.
920	922		452
921	923		(3) A citation may not be issued under this section after the expiration of six months
922	924		453
923	925		following the occurrence of any violation.
924	926		454
925	927		Section 6. Section 59-1-210 is amended to read:
926	928		455
927	929		59-1-210 . General powers and duties.
928	930		456
929	931		The powers and duties of the commission are as follows:
930	932		457
931	933		(1) to sue and be sued in its own name;
932	934		458
933	935		(2) to adopt rules and policies consistent with the Constitution and laws of this state to
934	936		459
935	937		govern the commission, executive director, division directors, and commission
936	938		460
937	939		employees in the performance of their duties;
938	940		461
939	941		(3) to adopt rules and policies consistent with the Constitution and laws of the state, to
940	942		462
941	943		govern county boards and officers in the performance of any duty relating to assessment,
942	944		463
943	945		equalization, and collection of taxes;
944	946		464
945	947		(4) to prescribe the use of forms relating to the assessment of property for state or local
946	948		465
947	949		taxation, the equalization of those assessments, the reporting of property or income for
948	950		466
949	951		state or local taxation purposes, or for the computation of those taxes and the reporting
950	952		467
951	953		of any information, statistics, or data required by the commission;
952	954		468
953	955		(5) to administer and supervise the tax laws of the state;
954	956		469
955	957		(6) to prepare and maintain from year to year a complete record of all lands subject to
956		-	- 14 - Enrolled Copy S.B. 256
957	958		470
958	959		taxation in this state, and all machinery used in mining and all property or surface
	960	+	- 14 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
959	961		471
960	962		improvements upon or appurtenant to mines or mining claims;
961	963		472
962	964		(7) to exercise general supervision over assessors and county boards of equalization
963	965		473
964	966		including the authority to enforce Section 59-2-303.1, and over other county officers in
965	967		474
966	968		the performance of their duties relating to the assessment of property and collection of
967	969		475
968	970		taxes, so that all assessments of property are just and equal, according to fair market
969	971		476
970	972		value, and that the tax burden is distributed without favor or discrimination;
971	973		477
972	974		(8) to reconvene any county board of equalization which, when reconvened, may only
973	975		478
974	976		address business approved by the commission and extend the time for which any county
975	977		479
976	978		board of equalization may sit for the equalization of assessments;
977	979		480
978	980		(9) to confer with, advise, and direct county treasurers, assessors, and other county officers
979	981		481
980	982		in matters relating to the assessment and equalization of property for taxation and the
981	983		482
982	984		collection of taxes;
983	985		483
984	986		(10) to provide for and hold annually at such time and place as may be convenient a district
985	987		484
986	988		or state convention of county assessors, auditors, and other county officers to consider
987	989		485
988	990		and discuss matters relative to taxation, uniformity of valuation, and changes in the law
989	991		486
990	992		relative to taxation and methods of assessment, to which county assessors and other
991	993		487
992	994		officers called to attend shall attend at county expense;
993	995		488
994	996		(11) to direct proceedings, actions, and prosecutions to enforce the laws relating to the
995	997		489
996	998		penalties, liabilities, and punishments of public officers, persons, and officers or agents
997	999		490
998	1000		of corporations for failure or neglect to comply with the statutes governing the reporting,
999	1001		491
1000	1002		assessment, and taxation of property;
1001	1003		492
1002	1004		(12) to cause complaints to be made in the proper court seeking removal from office of
1003	1005		493
1004	1006		assessors, auditors, members of county boards, and other assessing, taxing, or disbursing
1005	1007		494
1006	1008		officers, who are guilty of official misconduct or neglect of duty;
1007	1009		495
1008	1010		(13) to require county attorneys to immediately institute and prosecute actions and
1009	1011		496
1010	1012		proceedings in respect to penalties, forfeitures, removals, and punishments for violations
1011	1013		497
1012	1014		of the laws relating to the assessment and taxation of property in their respective
1013	1015		498
1014	1016		counties;
1015	1017		499
1016	1018		(14) to require any person to furnish any information required by the commission to
1017	1019		500
1018	1020		ascertain the value and the relative burden borne by all kinds of property in the state, and
1019	1021		501
1020	1022		to require from all state and local officers any information necessary for the proper
1021	1023		502
1022	1024		discharge of the duties of the commission;
1023	1025		503
1024	1026		(15) to examine all records relating to the valuation of property of any person;
1025		-	- 15 - S.B. 256 Enrolled Copy
1026	1027		504
1027	1028		(16) to subpoena witnesses to appear and give testimony and produce records relating to
	1029	+	- 15 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
1028	1030		505
1029	1031		any matter before the commission;
1030	1032		506
1031	1033		(17) to cause depositions of witnesses to be taken as in civil actions at the request of the
1032	1034		507
1033	1035		commission or any party to any matter or proceeding before the commission;
1034	1036		508
1035	1037		(18) to authorize any member or employee of the commission to administer oaths and
1036	1038		509
1037	1039		affirmations in any matter or proceeding relating to the exercise of the powers and duties
1038	1040		510
1039	1041		of the commission;
1040	1042		511
1041	1043		(19) to visit periodically each county of the state, to investigate and direct the work and
1042	1044		512
1043	1045		methods of local assessors and other officials in the assessment, equalization, and
1044	1046		513
1045	1047		taxation of property, and to ascertain whether the law requiring the assessment of all
1046	1048		514
1047	1049		property not exempt from taxation, and the collection of taxes, have been properly
1048	1050		515
1049	1051		administered and enforced;
1050	1052		516
1051	1053		(20) to carefully examine all cases where evasion or violation of the laws for assessment
1052	1054		517
1053	1055		and taxation of property is alleged, to ascertain whether existing laws are defective or
1054	1056		518
1055	1057		improperly administered;
1056	1058		519
1057	1059		(21) to furnish to the governor from time to time such assistance and information as the
1058	1060		520
1059	1061		governor requires;
1060	1062		521
1061	1063		(22) to transmit to the governor and to each member of the Legislature recommendations as
1062	1064		522
1063	1065		to legislation which will correct or eliminate defects in the operation of the tax laws and
1064	1066		523
1065	1067		will equalize the burden of taxation within the state;
1066	1068		524
1067	1069		(23) to correct any error in any assessment made by it at any time before the tax is due and
1068	1070		525
1069	1071		report the correction to the county auditor, who shall enter the corrected assessment
1070	1072		526
1071	1073		upon the assessment roll;
1072	1074		527
1073	1075		(24) to compile and publish statistics relating to taxation in the state and prepare and submit
1074	1076		528
1075	1077		an annual budget to the governor for inclusion in the state budget to be submitted to the
1076	1078		529
1077	1079		Legislature;
1078	1080		530
1079	1081		(25) to perform any further duties imposed by law, and exercise all powers necessary in the
1080	1082		531
1081	1083		performance of its duties;
1082	1084		532
1083	1085		(26) to adopt a schedule of fees assessed for services provided by the commission, unless
1084	1086		533
1085	1087		otherwise provided by statute. The fee shall be reasonable and fair, and shall reflect the
1086	1088		534
1087	1089		cost of services provided. Each fee established in this manner shall be submitted to and
1088	1090		535
1089	1091		approved by the Legislature as part of the commission's annual appropriations request.
1090	1092		536
1091	1093		The commission may not charge or collect any fee proposed in this manner without
1092	1094		537
1093	1095		approval by the Legislature;
1094		-	- 16 - Enrolled Copy S.B. 256
1095	1096		538
1096	1097		(27) to comply with the procedures and requirements of Title 63G, Chapter 4,
	1098	+	- 16 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
1097	1099		539
1098	1100		Administrative Procedures Act, in its adjudicative proceedings; and
1099	1101		540
1100	1102		(28) to distribute [the money deposited into the Rural Health Care Facilities Account]
1101	1103		541
1102	1104		money to improve the delivery of quality health care in rural areas of the state, as
1103	1105		542
1104	1106		required by Section 26B-1-308.
1105	1107		543
1106	1108		Section 7. Section 59-15-109 is amended to read:
1107	1109		544
1108	1110		59-15-109 . Commission to deposit beer tax revenue.
1109	1111		545
1110	1112		(1) Except as provided in Subsections (2) and (3), the commission shall deposit revenue
1111	1113		546
1112	1114		collected under this chapter as follows:
1113	1115		547
1114	1116		(a) the greater of the following shall be deposited into the Alcoholic Beverage
1115	1117		548
1116	1118		Enforcement and Treatment Restricted Account created in Section 32B-2-403:
1117	1119		549
1118	1120		(i) an amount calculated by:
1119	1121		550
1120	1122		(A) determining an amount equal to 50% of the revenue collected for the fiscal
1121	1123		551
1122	1124		year two years preceding the fiscal year for which the deposit is made; and
1123	1125		552
1124		-	(B) subtracting $30,000 from the amount determined under Subsection ~~(1)(a)(i)(A);~~
	1126	+	(B) subtracting $30,000 from the amount determined under Subsection
1125	1127		553
1126		-	or
	1128	+	(1)(a)(i)(A); or
1127	1129		554
1128	1130		(ii) $4,350,000; and
1129	1131		555
1130	1132		(b) the revenue collected in excess of the amount deposited in accordance with
1131	1133		556
1132	1134		Subsection (1)(a) shall be deposited into the General Fund.
1133	1135		557
1134	1136		(2) The commission shall annually deposit into the Alcoholic Beverage Enforcement and
1135	1137		558
1136	1138		Treatment Restricted Account created in Section 32B-2-403 an amount equal to the
1137	1139		559
1138	1140		amount of revenue generated in the current fiscal year by the portion of the tax imposed
1139	1141		560
1140	1142		under Section 59-15-101 that is equal to:
1141	1143		561
1142	1144		(a) $0.30 per 31-gallon barrel for beer imported or manufactured on or after July 1,
1143	1145		562
1144	1146		2003; and
1145	1147		563
1146	1148		(b) a proportionate rate to the rate described in Subsection (2)(a) for:
1147	1149		564
1148	1150		(i) any quantity of beer other than a 31-gallon barrel; or
1149	1151		565
1150	1152		(ii) the fractional parts of a 31-gallon barrel.
1151	1153		566
1152	1154		(3) Beginning fiscal year 2024-25, the commission shall annually deposit into the Alcoholic
1153	1155		567
1154	1156		Beverage Control Act Enforcement Fund created in Section 32B-2-305 an amount equal
1155	1157		568
1156	1158		to the amount of revenue generated in the current fiscal year by the portion of the tax
1157	1159		569
1158	1160		imposed under Section 59-15-101 that exceeds:
1159	1161		570
1160	1162		(a) $13.10 per 31-gallon barrel for beer imported or manufactured on or after July 1,
1161	1163		571
1162	1164		2024; and
1163		-	- 17 - S.B. 256 Enrolled Copy
1164	1165		572
1165	1166		(b) a proportionate rate to the rate described in Subsection (3)(a) for:
	1167	+	- 17 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
1166	1168		573
1167	1169		(i) any quantity of beer other than a 31-gallon barrel; or
1168	1170		574
1169	1171		(ii) the fractional parts of a 31-gallon barrel.
1170	1172		575
1171	1173		[(4)(a) The commission shall notify the entities described in Subsection (4)(b) not later
1172	1174		576
1173	1175		than the September 1 preceding the fiscal year of the deposit of:]
1174	1176		577
1175	1177		[(i) the amount of the proceeds of the beer excise tax collected in accordance with
1176	1178		578
1177	1179		this section for the fiscal year two years preceding the fiscal year of deposit; and]
1178	1180		579
1179	1181		[(ii) an amount equal to 50% of the amount listed in Subsection (4)(a)(i).]
1180	1182		580
1181	1183		[(b) The notification required by Subsection (4)(a) shall be sent to:]
1182	1184		581
1183	1185		[(i) the Governor's Office of Planning and Budget; and]
1184	1186		582
1185	1187		[(ii) the Legislative Fiscal Analyst.]
1186	1188		583
1187	1189		Section 8. Section 63A-1-103 is amended to read:
1188	1190		584
1189	1191		63A-1-103 . Definitions.
1190	1192		585
1191	1193		As used in this title:
1192	1194		586
1193	1195		(1) "Agency" means a board, commission, institution, department, division, officer, council,
1194	1196		587
1195	1197		office, committee, bureau, or other administrative unit of the state, including the agency
1196	1198		588
1197	1199		head, agency employees, or other persons acting on behalf of or under the authority of
1198	1200		589
1199	1201		the agency head, the Legislature, the courts, or the governor, but does not mean a
1200	1202		590
1201	1203		political subdivision of the state, or any administrative unit of a political subdivision of
1202	1204		591
1203	1205		the state.
1204	1206		592
1205	1207		(2) "Department" means the Department of Government Operations.
1206	1208		593
1207	1209		(3) "Enterprise business management system" means the software system administered by
1208	1210		594
1209	1211		the department to integrate, streamline, and centralize the department's business
1210	1212		595
1211	1213		operations related to:
1212	1214		596
1213	1215		(a) the state's accounting system;
1214	1216		597
1215	1217		(b) payroll and human resources management;
1216	1218		598
1217	1219		(c) vendor management; and
1218	1220		599
1219	1221		(d) loan management and servicing.
1220	1222		600
1221	1223		[(3)] (4) "Executive director" means the executive director of the Department of
1222	1224		601
1223	1225		Government Operations.
1224	1226		602
1225	1227		Section 9. Section 63A-1-109.5 is amended to read:
1226	1228		603
1227	1229		63A-1-109.5 . Department authority to operate the department, a division, or an
1228	1230		604
1229	1231		office as an internal service fund agency.
1230	1232		605
1231	1233		(1) Subject to Subsection (2), Section 63A-1-114, and provisions governing internal
1232		-	- 18 - Enrolled Copy S.B. 256
1233	1234		606
1234	1235		service funds or internal service fund agencies under Title 63J, Chapter 1, Budgetary
	1236	+	- 18 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
1235	1237		607
1236	1238		Procedures Act, the department may[ operate a division or office described in Section
1237	1239		608
1238	1240		63A-1-109 as an internal service fund agency.] :
1239	1241		609
1240	1242		(a) operate the department as an internal service fund agency; or
1241	1243		610
1242	1244		(b) operate a division or office described in Section 63A-1-109 as an internal service
1243	1245		611
1244	1246		fund agency.
1245	1247		612
1246	1248		(2)(a) The department may only operate the department as an internal service fund
1247	1249		613
1248	1250		agency for the purpose of providing a service related to the enterprise business
1249	1251		614
1250	1252		management system.
1251	1253		615
1252	1254		(b) If the department operates the department as an internal service fund agency in
1253	1255		616
1254	1256		accordance with this section, the department shall, before charging a rate, fee, or
1255	1257		617
1256	1258		other amount for a service provided by the department's internal service fund to an
1257	1259		618
1258	1260		executive branch agency, or to a subscriber of services other than an executive branch
1259	1261		619
1260	1262		agency:
1261	1263		620
1262	1264		(i) submit the proposed rate, fee, or other amount and cost analysis to the rate
1263	1265		621
1264	1266		committee established in Section 63A-1-114; and
1265	1267		622
1266	1268		(ii) obtain the approval of the Legislature as required under Section 63J-1-410.
1267	1269		623
1268	1270		Section 10. Section 63A-1-114 is amended to read:
1269	1271		624
1270	1272		63A-1-114 . Rate committee -- Membership -- Duties.
1271	1273		625
1272	1274		(1)(a) There is created a rate committee consisting of the executive directors,
1273	1275		626
1274	1276		commissioners, or superintendents of seven state agencies, which may include the
1275	1277		627
1276	1278		State Board of Education, that use services and pay rates to one of the department
1277	1279		628
1278	1280		internal service funds, or their designee, that the governor appoints for a two-year
1279	1281		629
1280	1282		term.
1281	1283		630
1282	1284		(b) The department may not have a representative on the rate committee.
1283	1285		631
1284	1286		(c)(i) The committee shall elect a chair from the committee's members.
1285	1287		632
1286	1288		(ii) Members of the committee who are state government employees and who do not
1287	1289		633
1288	1290		receive salary, per diem, or expenses from their agency for their service on the
1289	1291		634
1290	1292		committee shall receive no compensation, benefits, per diem, or expenses for the
1291	1293		635
1292	1294		members' service on the committee.
1293	1295		636
1294	1296		(d) The department shall provide staff services to the committee.
1295	1297		637
1296	1298		(2)[(a) A division described in Section 63A-1-109 that manages an internal service fund
1297	1299		638
1298	1300		shall submit to the committee a proposed rate schedule for services rendered by the
1299	1301		639
1300	1302		division to an executive branch entity or an entity that subscribes to services rendered
1301		-	- 19 - S.B. 256 Enrolled Copy
1302	1303		640
1303	1304		by the division.] A division described in Section 63A-1-109 that operates an internal
	1305	+	- 19 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
1304	1306		641
1305	1307		service fund, or the department, if the department operates an internal service fund
1306	1308		642
1307	1309		under Section 63A-1-109.5, shall submit to the rate committee:
1308	1310		643
1309	1311		(a) a proposed rate schedule for the goods or services rendered by the department or the
1310	1312		644
1311	1313		division to:
1312	1314		645
1313	1315		(i) an executive branch entity; or
1314	1316		646
1315	1317		(ii) an entity that subscribes to a service rendered by the department or the division;
1316	1318		647
1317	1319		and
1318	1320		648
1319	1321		(b) other information or analysis requested by the rate committee.
1320	1322		649
1321	1323		[(b)] (3) [The] Subject to Subsection (4), the committee shall:
1322	1324		650
1323	1325		[(i)] (a) conduct all meetings in accordance with Title 52, Chapter 4, Open and Public
1324	1326		651
1325	1327		Meetings Act;
1326	1328		652
1327	1329		[(ii)] (b) meet at least once each calendar year to:
1328	1330		653
1329	1331		[(A)] (i) discuss the service performance of each internal service fund;
1330	1332		654
1331	1333		[(B)] (ii) review the proposed rate schedules;
1332	1334		655
1333	1335		[(C)] (iii) at the rate committee's discretion, [ ]approve, increase, or decrease the rate [ ]
1334	1336		656
1335	1337		schedules described in Subsection [(2)(b)(ii)(B)] (3)(b)(ii); and
1336	1338		657
1337	1339		[(D)] (iv) discuss any prior or potential adjustments to the service level received by
1338	1340		658
1339	1341		state agencies that pay rates to an internal service fund;
1340	1342		659
1341	1343		[(iii)] (c) recommend a proposed rate schedule for each internal service fund to:
1342	1344		660
1343	1345		[(A)] (i) the Governor's Office of Planning and Budget; and
1344	1346		661
1345	1347		[(B)] (ii) each legislative appropriations subcommittee that, in accordance with
1346	1348		662
1347	1349		Section 63J-1-410, approves the internal service fund agency's rates and budget;
1348	1350		663
1349	1351		and
1350	1352		664
1351	1353		[(iv)] (d) review and approve, increase, or decrease an interim rate when an internal
1352	1354		665
1353	1355		service fund agency begins a new service or introduces a new product between
1354	1356		666
1355	1357		annual general sessions of the Legislature.
1356	1358		667
1357	1359		(4) In addition to the meeting described in Subsection (3)(b), if an internal service fund
1358	1360		668
1359	1361		agency submits a proposed increased rate schedule to the rate committee in accordance
1360	1362		669
1361	1363		with Subsection 63J-1-410(4)(c), the committee shall, no later than 30 days after the day
1362	1364		670
1363	1365		on which the committee receives the increased rate schedule, convene a meeting of the
1364	1366		671
1365	1367		committee to:
1366	1368		672
1367	1369		(a) review the proposed increased rate schedule; and
1368	1370		673
1369	1371		(b) at the committee's discretion, approve or reject the proposed increased rate schedule.
1370		-	- 20 - Enrolled Copy S.B. 256
1371	1372		674
1372	1373		[(c)] (5) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate
	1374	+	- 20 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
1373	1375		675
1374	1376		that has been approved by the Legislature.
1375	1377		676
1376	1378		Section 11. Section 63B-1-304 is amended to read:
1377	1379		677
1378	1380		63B-1-304 . State Building Ownership Authority created -- Members --
1379	1381		678
1380	1382		Compensation.
1381	1383		679
1382	1384		(1) There is created a body politic and corporate to be known as the State Building
1383	1385		680
1384	1386		Ownership Authority composed of:
1385	1387		681
1386	1388		(a) the governor;
1387	1389		682
1388	1390		(b) the state treasurer; and
1389	1391		683
1390	1392		(c) the executive director of the Department of Government Operations.
1391	1393		684
1392	1394		(2) A member may not receive compensation or benefits for the member's service, but may
1393	1395		685
1394	1396		receive per diem and travel expenses in accordance with:
1395	1397		686
1396	1398		(a) Section 63A-3-106;
1397	1399		687
1398	1400		(b) Section 63A-3-107; and
1399	1401		688
1400	1402		(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1401	1403		689
1402	1404		63A-3-107.
1403	1405		690
1404	1406		(3)(a) Upon request, the division shall provide staff support to the State Building
1405	1407		691
1406	1408		Ownership Authority.
1407	1409		692
1408	1410		(b) The State Building Ownership Authority may seek and obtain independent financial
1409	1411		693
1410	1412		advice, support, and information from the state financial advisor created under
1411	1413		694
1412	1414		Section 67-4-16.
1413	1415		695
1414	1416		Section 12. Section 63J-1-410 is amended to read:
1415	1417		696
1416	1418		63J-1-410 . Internal service funds -- Governance and review.
1417	1419		697
1418	1420		(1) For purposes of this section:
1419	1421		698
1420	1422		(a) "Agency" means a department, division, office, bureau, or other unit of state
1421	1423		699
1422	1424		government, and includes any subdivision of an agency.
1423	1425		700
1424	1426		(b) "Do not replace vehicles" means a vehicle accounted for in the Division of Fleet
1425	1427		701
1426	1428		Operations for which charges to an agency for its use do not include amounts to
1427	1429		702
1428	1430		cover depreciation or to accumulate assets to replace the vehicle at the end of its
1429	1431		703
1430	1432		useful life.
1431	1433		704
1432	1434		(c) "Internal service fund agency" means an agency that provides goods or services to
1433	1435		705
1434	1436		other agencies of state government or to other governmental units on a capital
1435	1437		706
1436	1438		maintenance and cost reimbursement basis, and which recovers costs through
1437	1439		707
1438	1440		interagency billings.
1439		-	- 21 - S.B. 256 Enrolled Copy
1440	1441		708
1441	1442		(d) "Revolving loan fund" means each of the revolving loan funds defined in Section
	1443	+	- 21 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
1442	1444		709
1443	1445		63A-3-205.
1444	1446		710
1445	1447		(2) An internal service fund agency is not subject to this section with respect to its
1446	1448		711
1447	1449		administration of a revolving loan fund.
1448	1450		712
1449	1451		(3)(a) An internal service fund agency may not bill another agency for services that it
1450	1452		713
1451	1453		provides for each internal service fund operated by the agency, unless the Legislature
1452	1454		714
1453	1455		has:
1454	1456		715
1455	1457		(i) reviewed and approved each internal service fund's budget request;
1456	1458		716
1457	1459		(ii) reviewed and approved each internal service fund's rates, fees, and other amounts
1458	1460		717
1459	1461		that it charges those who use its services and included those rates, fees, and
1460	1462		718
1461	1463		amounts in an appropriation act;
1462	1464		719
1463	1465		(iii) approved the number of full-time[, permanent] positions of each internal service
1464	1466		720
1465	1467		fund as part of the annual appropriation process;
1466	1468		721
1467	1469		(iv) [review] reviewed the number of full-time equivalent contract employees of each
1468	1470		722
1469	1471		internal service fund as part of the annual appropriation process; and
1470	1472		723
1471	1473		(v) appropriated to the internal service fund agency each internal service fund's
1472	1474		724
1473	1475		estimated revenue based upon the rates and fee structure that are the basis for the
1474	1476		725
1475	1477		estimate.
1476	1478		726
1477	1479		(b) If an internal service fund agency operates more than one internal service fund
1478	1480		727
1479	1481		within the internal service fund agency, the internal service fund agency shall comply
1480	1482		728
1481	1483		with the review and approval requirements under Subsection (3)(a) for each internal
1482	1484		729
1483	1485		service fund.
1484	1486		730
1485	1487		(c) If an internal service fund agency operates an internal service fund and does not get
1486	1488		731
1487	1489		the approvals required under Subsection (3)(a) or (4)(b), the internal service fund
1488	1490		732
1489	1491		agency shall rebate all rates, fees, and amounts collected to those who use the
1490	1492		733
1491	1493		services for the rates, fees, and amounts collected that were not approved under
1492	1494		734
1493	1495		Subsection (3)(a) or (4)(b).
1494	1496		735
1495		-	(4)(a) Except as provided in [Subsection ~~(4)(b)] Subsections~~ (4)(b) and (c), an internal
	1497	+	(4)(a) Except as provided in Subsection (4)(b) and (c), an internal service fund agency
1496	1498		736
1497		-	~~service fund agency~~ may not charge rates, fees, and other amounts that exceed the
	1499	+	may not charge rates, fees, and other amounts that exceed the rates, fees, and
1498	1500		737
1499		-	~~rates, fees, and~~ amounts [established] approved by the Legislature in [the] an
	1501	+	amounts [established] approved by the Legislature in [the] an appropriations act.
1500	1502		738
1501		-	~~appropriations act.~~
	1503	+	(b)(i) An internal service fund agency that begins a new service or introduces a new
1502	1504		739
1503		-	~~(b)(i) An internal service fund agency~~ that ~~begins a new~~ service ~~or introduces a new~~
	1505	+	product between annual general sessions of the Legislature may, for that service
1504	1506		740
1505		-	product ~~between annual general sessions of the Legislature may, for that service~~
	1507	+	or product:
1506	1508		741
1507		-	or product:
1508		-	- 22 - Enrolled Copy S.B. 256
	1509	+	(A) establish and charge an interim rate or amount;
1509	1510		742
1510		-	(A) establish and charge an interim rate or amount;
	1511	+	(B) acquire contract employees, if necessary; or
	1512	+	- 22 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
1511	1513		743
1512		-	(B) ~~acquire contract employees, if necessary; or~~
	1514	+	(C) do a combination of Subsections (4)(b)(i)(A) and (B).
1513	1515		744
1514		-	(C) ~~do a combination of Subsections (4)(b)(i)(A) and (B).~~
	1516	+	(ii) The internal service fund agency shall:
1515	1517		745
1516		-	(ii) The ~~internal service fund agency shall:~~
	1518	+	(A) submit the interim rate or amount under Subsection (4)(b)(i) to the Legislature
1517	1519		746
1518		-	~~(A) submit~~ the ~~interim rate or amount under Subsection (4)(b)(i) to the Legislature~~
	1520	+	for approval at the next annual general session; and
1519	1521		747
1520		-	~~for approval at~~ the ~~next annual general session;~~ ~~and~~
	1522	+	(B) report any change in the number of contract employees under Subsection
1521	1523		748
1522		-	(B) ~~report any change in~~ the ~~number of contract employees under Subsection~~
	1524	+	(4)(b)(i) to the appropriate legislative appropriations subcommittee for review.
1523	1525		749
1524		-	(~~4)(b)(i~~) ~~to the appropriate legislative appropriations subcommittee for review.~~
	1526	+	(c) An internal service fund agency may, in a fiscal year, charge rates, fees, and other
1525	1527		750
1526		-	~~(c) An internal service fund agency may, in a fiscal year, charge~~ rates, fees, ~~and other~~
	1528	+	amounts that exceed the rates, fees, or amounts approved by the Legislature in an
1527	1529		751
1528		-	~~amounts that exceed the rates~~, ~~fees, or amounts approved by the Legislature in an~~
	1530	+	appropriations act, if:
1529	1531		752
1530		-	~~appropriations act~~, ~~if:~~
	1532	+	(i) during the immediately preceding annual general session, the Legislature
1531	1533		753
1532		-	~~(i) during~~ the ~~immediately preceding annual general session, the Legislature~~
	1534	+	appropriates money to each state agency to pay for an increase in the state
1533	1535		754
1534		-	~~appropriates money to each state agency to pay for an increase in the state~~
	1536	+	agency's employee's compensation;
1535	1537		755
1536		-	agency's employee's compensation;
	1538	+	(ii) within Ĥ→ [30] 90 ←Ĥ days after the day on which the Legislature adjourns
	1539	+	755a
	1540	+	the general session
1537	1541		756
1538		-	~~(ii) within 90 days after~~ the ~~day on which the Legislature adjourns the general session~~
	1542	+	sine die, the internal service fund agency submits a proposed increased rate
1539	1543		757
1540		-	~~sine die,~~ the ~~internal service fund agency submits a proposed increased rate~~
	1544	+	schedule to the rate committee established in Section 63A-1-114 that adjusts the
1541	1545		758
1542		-	~~schedule~~ to the ~~rate committee established in Section 63A-1-114 that adjusts the~~
	1546	+	rates, fees, and amounts approved by the Legislature to reflect the percentage
1543	1547		759
1544		-	~~rates, fees, and amounts approved by~~ the Legislature ~~to reflect the percentage~~
	1548	+	increase that the Legislature appropriated for state agency employee compensation
1545	1549		760
1546		-	~~increase that the Legislature appropriated for state agency employee compensation~~
	1550	+	under Subsection (4)(c)(i);
1547	1551		761
1548		-	~~under Subsection (4)(c)(i);~~
	1552	+	(iii) the rate committee approves the proposed increased rate schedule described in
1549	1553		762
1550		-	(~~iii~~) the ~~rate committee approves the proposed increased rate schedule~~ described in
	1554	+	Subsection (4)(c)(ii) during the meeting described in Subsection 63A-1-114(4);
1551	1555		763
1552		-	~~Subsection (4)(c)(ii) during the meeting described in Subsection 63A-1-114(4);~~
	1556	+	and
1553	1557		764
1554		-	~~and~~
	1558	+	(iv) the internal service fund agency uses all the revenue from the rate schedule
1555	1559		765
1556		-	(iv) the internal service fund agency ~~uses all the revenue from the rate schedule~~
	1560	+	increase under this Subsection (4) to increase the internal service fund agency's
1557	1561		766
1558		-	~~increase under this Subsection (4)~~ to ~~increase~~ the ~~internal service fund~~ agency's
	1562	+	employee's compensation in an amount equivalent to the state agency employee
1559	1563		767
1560		-	~~employee's compensation~~ in ~~an amount equivalent to the state agency employee~~
	1564	+	compensation increase described in Subsection (4)(c)(i).
1561	1565		768
1562		-	~~compensation increase described in Subsection (4)(c)(i).~~
	1566	+	(5) The internal service fund agency budget request shall separately identify the capital
1563	1567		769
1564		-	~~(5)~~ The ~~internal service fund agency~~ budget ~~request shall separately identify the capital~~
	1568	+	needs and the related capital budget.
1565	1569		770
1566		-	~~needs and~~ the ~~related capital budget.~~
	1570	+	(6) In the fiscal year that the accounting change referred to in Subsection 51-5-6(2) is
1567	1571		771
1568		-	~~(6) In~~ the ~~fiscal year that~~ the ~~accounting change referred to in Subsection 51-5-6(2) is~~
	1572	+	implemented by the Division of Finance, the Division of Finance shall transfer equity
1569	1573		772
1570		-	~~implemented~~ by ~~the Division of Finance,~~ the ~~Division of Finance shall transfer equity~~
	1574	+	created by that accounting change to any internal service fund agency up to the amount
1571	1575		773
1572		-	~~created by that accounting change~~ to any ~~internal service fund agency up to~~ the ~~amount~~
	1576	+	needed to eliminate any long-term debt and deficit working capital in the fund.
1573	1577		774
1574		-	~~needed to eliminate any long-term~~ ~~debt~~ and ~~deficit working capital in the fund.~~
	1578	+	(7) No new internal service fund agency may be established unless reviewed and approved
1575	1579		775
1576		-	~~(7) No new internal service fund agency may be established unless reviewed and approved~~
1577		-	- 23 - S.B. 256 ~~Enrolled Copy~~
	1580	+	by the Legislature.
	1581	+	- 23 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
1578	1582		776
1579		-	~~by the Legislature.~~
	1583	+	(8)(a) Except as provided in Subsection (8)(f), an internal service fund agency may not
1580	1584		777
1581		-	~~(8)(a) Except as provided in Subsection (8)(f), an internal service fund agency may not~~
	1585	+	acquire capital assets unless legislative approval for acquisition of the assets has been
1582	1586		778
1583		-	~~acquire capital assets unless legislative approval~~ for ~~acquisition of~~ the ~~assets has been~~
	1587	+	included in an appropriations act for the internal service fund agency.
1584	1588		779
1585		-	~~included in~~ an ~~appropriations act for the~~ internal service fund agency.
	1589	+	(b) An internal service fund agency may not acquire capital assets after the transfer
1586	1590		780
1587		-	(b) An internal service fund agency ~~may not acquire capital assets after the transfer~~
	1591	+	mandated by Subsection (6) has occurred unless the internal service fund agency has
1588	1592		781
1589		-	~~mandated by Subsection (6) has occurred unless the internal service fund agency has~~
	1593	+	adequate working capital.
1590	1594		782
1591		-	~~adequate~~ working capital.
	1595	+	(c) The internal service fund agency shall provide working capital from the following
1592	1596		783
1593		-	~~(c) The internal service fund agency shall provide working capital from~~ the following
	1597	+	sources in the following order:
1594	1598		784
1595		-	~~sources in~~ the ~~following order:~~
	1599	+	(i) first, from operating revenues to the extent allowed by state rules and federal
1596	1600		785
1597		-	~~(i) first, from operating revenues to the extent allowed by state rules and federal~~
	1601	+	regulations;
1598	1602		786
1599		-	~~regulations~~;
	1603	+	(ii) second, from long-term debt, subject to the restrictions of this section; and
1600	1604		787
1601		-	(ii) ~~second~~, from ~~long-term debt, subject to the restrictions of this section; and~~
	1605	+	(iii) last, from an appropriation.
1602	1606		788
1603		-	(~~iii~~) ~~last~~, ~~from~~ an ~~appropriation.~~
	1607	+	(d)(i) To eliminate negative working capital, an internal service fund agency may
1604	1608		789
1605		-	~~(d)(i)~~ To ~~eliminate negative working capital, an internal service fund agency may~~
	1609	+	incur long-term debt from the General Fund or Special Revenue Funds to acquire
1606	1610		790
1607		-	~~incur long-term debt from the General Fund or Special Revenue Funds to acquire~~
	1611	+	capital assets.
1608	1612		791
1609		-	~~capital assets.~~
	1613	+	(ii) The internal service fund agency shall repay all long-term debt borrowed from the
1610	1614		792
1611		-	~~(ii) The internal service~~ fund ~~agency shall repay all long-term~~ ~~debt borrowed from~~ the
	1615	+	General Fund or Special Revenue Funds by making regular payments over the
1612	1616		793
1613		-	~~General Fund or Special Revenue Funds by making regular payments over~~ the
	1617	+	useful life of the asset according to the asset's depreciation schedule.
1614	1618		794
1615		-	~~useful life~~ of ~~the asset according to the asset~~'s ~~depreciation schedule.~~
	1619	+	(e)(i) The Division of Finance may not allow an internal service fund agency's
1616	1620		795
1617		-	~~(e)(i)~~ The ~~Division~~ of ~~Finance may not allow an internal service fund~~ agency's
	1621	+	borrowing to exceed 90% of the net book value of the agency's capital assets as of
1618	1622		796
1619		-	~~borrowing to exceed 90%~~ of the ~~net book value of the agency's capital assets as of~~
	1623	+	the end of the fiscal year.
1620	1624		797
1621		-	~~the end of the fiscal year.~~
	1625	+	(ii) If an internal service fund agency wishes to purchase authorized assets or enter
1622	1626		798
1623		-	~~(ii) If an internal service fund agency wishes to purchase authorized assets or enter~~
	1627	+	into equipment leases that would increase its borrowing beyond 90% of the net
1624	1628		799
1625		-	~~into equipment leases that would increase its borrowing beyond 90%~~ of the ~~net~~
	1629	+	book value of the agency's capital assets, the agency may purchase those assets
1626	1630		800
1627		-	~~book value of~~ the ~~agency's capital assets,~~ ~~the agency may purchase those assets~~
	1631	+	only with money appropriated from another fund, such as the General Fund or a
1628	1632		801
1629		-	~~only with money appropriated from another~~ fund~~, such as the General Fund or a~~
	1633	+	special revenue fund.
1630	1634		802
1631		-	~~special revenue fund.~~
	1635	+	(f)(i) Except as provided in Subsection (8)(f)(ii), capital assets acquired through
1632	1636		803
1633		-	~~(f)(i) Except as provided in Subsection (8)(f)(ii), capital assets acquired through~~
	1637	+	agency appropriation may not be transferred to any internal service fund agency
1634	1638		804
1635		-	~~agency appropriation may not be transferred to any internal service fund agency~~
	1639	+	without legislative approval.
1636	1640		805
1637		-	~~without legislative approval.~~
	1641	+	(ii) Vehicles acquired by agencies from appropriated funds or money appropriated to
1638	1642		806
1639		-	~~(ii) Vehicles acquired by~~ agencies ~~from appropriated funds or money appropriated~~ to
	1643	+	agencies to be used for vehicle purchases may be transferred to the Division of
1640	1644		807
1641		-	~~agencies to be used for vehicle purchases may be~~ transferred to the ~~Division of~~
	1645	+	Fleet Operations and, when transferred, become part of the Fleet Operations
1642	1646		808
1643		-	~~Fleet Operations and, when transferred, become part of the Fleet Operations~~
	1647	+	Internal Service Fund.
1644	1648		809
1645		-	~~Internal Service Fund.~~
1646		-	- 24 - ~~Enrolled Copy~~ S.B. 256
	1649	+	(iii) Vehicles acquired with funding from sources other than state appropriations or
	1650	+	- 24 - 03-05 20:54 2nd Sub. (Salmon) S.B. 256
1647	1651		810
1648		-	~~(iii) Vehicles~~ acquired ~~with funding from sources other than state appropriations or~~
	1652	+	acquired through the federal surplus property donation program may be
1649	1653		811
1650		-	~~acquired through~~ the ~~federal surplus property donation program may be~~
	1654	+	transferred to the Division of Fleet Operations and, when transferred, become part
1651	1655		812
1652		-	~~transferred to~~ the ~~Division of~~ Fleet Operations ~~and, when transferred, become part~~
	1656	+	of the Fleet Operations Internal Service Fund.
1653	1657		813
1654		-	of the ~~Fleet Operations Internal Service Fund.~~
	1658	+	(iv) Unless otherwise approved by the Legislature, vehicles acquired under
1655	1659		814
1656		-	(iv) ~~Unless otherwise approved by the Legislature,~~ vehicles ~~acquired under~~
	1660	+	Subsection (8)(f)(iii) shall be accounted for as "do not replace" vehicles.
1657	1661		815
1658		-	~~Subsection (8)(f)(iii)~~ shall ~~be accounted for as "do~~ ~~not replace"~~ ~~vehicles.~~
	1662	+	(9) The Division of Finance shall adopt policies and procedures related to the accounting
1659	1663		816
1660		-	~~(9) The Division~~ of ~~Finance shall adopt policies and procedures related to the accounting~~
	1664	+	for assets, liabilities, equity, revenues, expenditures, and transfers of internal service
1661	1665		817
1662		-	~~for assets, liabilities, equity, revenues, expenditures, and transfers of internal service~~
	1666	+	funds agencies.
1663	1667		818
1664		-	~~funds agencies~~.
	1668	+	Section 13. FY 2025 Appropriations.
1665	1669		819
1666		-	~~Section 13.~~ ~~FY 2025 Appropriations.~~
	1670	+	The following sums of money are appropriated for the fiscal year beginning July 1,
1667	1671		820
	1672	+	2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
	1673	+	821
	1674	+	fiscal year 2025.
	1675	+	822
	1676	+	Subsection 13(a). Operating and Capital Budgets
	1677	+	823
	1678	+	Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
	1679	+	824
	1680	+	Legislature appropriates the following sums of money from the funds or accounts indicated for
	1681	+	825
	1682	+	the use and support of the government of the state of Utah.
	1683	+	826
	1684	+	ITEM 1 To Utah State Tax Commission - Rural Health Care Facilities Distribution
	1685	+	827
	1686	+	From General Fund, One-time 218,900
	1687	+	828
	1688	+	From General Fund Restricted - Rural Healthcare
	1689	+	829
	1690	+	Facilities Acct, One-time (218,900)
	1691	+	830
	1692	+	Subsection 13(b). Restricted Fund and Account Transfers
	1693	+	831
	1694	+	The Legislature authorizes the State Division of Finance to transfer the following
	1695	+	832
	1696	+	amounts between the following funds or accounts as indicated. Expenditures and outlays from
	1697	+	833
	1698	+	the funds to which the money is transferred must be authorized by an appropriation.
	1699	+	834
	1700	+	ITEM 2 To General Fund Restricted - Rural Health Care Facilities Fund
	1701	+	835
	1702	+	From General Fund, One-time (218,900)
	1703	+	836
	1704	+	Schedule of Programs:
	1705	+	837
	1706	+	General Fund Restricted - Rural Health Care
	1707	+	838
	1708	+	Facilities Fund (218,900)
	1709	+	839
	1710	+	Section 14. FY 2026 Appropriations.
	1711	+	840
1668	1712		The following sums of money are appropriated for the fiscal year beginning July 1,
1669		-	821
1670		-	2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
1671		-	822
1672		-	fiscal year 2025.
1673		-	823
1674		-	Subsection 13(a). Operating and Capital Budgets
1675		-	824
	1713	+	841
	1714	+	2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
	1715	+	842
	1716	+	fiscal year 2026.
	1717	+	843
	1718	+	Subsection 14(a). Operating and Capital Budgets
	1719	+	- 25 - 2nd Sub. (Salmon) S.B. 256 03-05 20:54
	1720	+	844
1676	1721		Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1677		-	~~825~~
	1722	+	845
1678	1723		Legislature appropriates the following sums of money from the funds or accounts indicated for
1679		-	~~826~~
	1724	+	846
1680	1725		the use and support of the government of the state of Utah.
1681		-	827
1682		-	ITEM 1 To Utah State Tax Commission - Rural Health Care Facilities Distribution
1683		-	828
1684		-	From General Fund, One-time 218,900
1685		-	829
	1726	+	847
	1727	+	ITEM 3 To Utah State Tax Commission - Rural Health Care Facilities Distribution
	1728	+	848
1686	1729		From General Fund Restricted - Rural Healthcare
1687		-	830
1688		-	Facilities Acct, One-time (218,900)
1689		-	831
1690		-	Subsection 13(b). Restricted Fund and Account Transfers
1691		-	832
	1730	+	849
	1731	+	Facilities Acct (218,900)
	1732	+	850
	1733	+	Schedule of Programs:
	1734	+	851
	1735	+	Rural Health Care Facilities Distribution (218,900)
	1736	+	852
	1737	+	ITEM 4 To Utah State Tax Commission - Rural Health Care Facilities Distribution
	1738	+	853
	1739	+	From General Fund 218,900
	1740	+	854
	1741	+	Schedule of Programs:
	1742	+	855
	1743	+	Rural Health Care Facilities Distribution 218,900
	1744	+	856
	1745	+	Subsection 14(b). Restricted Fund and Account Transfers
	1746	+	857
1692	1747		The Legislature authorizes the State Division of Finance to transfer the following
1693		-	~~833~~
	1748	+	858
1694	1749		amounts between the following funds or accounts as indicated. Expenditures and outlays from
1695		-	~~834~~
	1750	+	859
1696	1751		the funds to which the money is transferred must be authorized by an appropriation.
1697		-	~~835~~
1698		-	ITEM 2 To General Fund Restricted - Rural Health Care Facilities Fund
1699		-	~~836~~
1700		-	From General Fund~~, One-time~~ (218,900)
1701		-	~~837~~
	1752	+	860
	1753	+	ITEM 5 To General Fund Restricted - Rural Health Care Facilities Fund
	1754	+	861
	1755	+	From General Fund (218,900)
	1756	+	862
1702	1757		Schedule of Programs:
1703		-	~~838~~
	1758	+	863
1704	1759		General Fund Restricted - Rural Health Care
1705		-	~~839~~
	1760	+	864
1706	1761		Facilities Fund (218,900)
1707		-	840
1708		-	Section 14. FY 2026 Appropriations.
1709		-	841
1710		-	The following sums of money are appropriated for the fiscal year beginning July 1,
1711		-	842
1712		-	2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
1713		-	843
1714		-	fiscal year 2026.
1715		-	- 25 - S.B. 256 Enrolled Copy
1716		-	844
1717		-	Subsection 14(a). Operating and Capital Budgets
1718		-	845
1719		-	Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1720		-	846
1721		-	Legislature appropriates the following sums of money from the funds or accounts indicated for
1722		-	847
1723		-	the use and support of the government of the state of Utah.
1724		-	848
1725		-	ITEM 3 To Utah State Tax Commission - Rural Health Care Facilities Distribution
1726		-	849
1727		-	From General Fund Restricted - Rural Healthcare
1728		-	850
1729		-	Facilities Acct (218,900)
1730		-	851
1731		-	Schedule of Programs:
1732		-	852
1733		-	Rural Health Care Facilities Distribution (218,900)
1734		-	853
1735		-	ITEM 4 To Utah State Tax Commission - Rural Health Care Facilities Distribution
1736		-	854
1737		-	From General Fund 218,900
1738		-	855
1739		-	Schedule of Programs:
1740		-	856
1741		-	Rural Health Care Facilities Distribution 218,900
1742		-	857
1743		-	Subsection 14(b). Restricted Fund and Account Transfers
1744		-	858
1745		-	The Legislature authorizes the State Division of Finance to transfer the following
1746		-	859
1747		-	amounts between the following funds or accounts as indicated. Expenditures and outlays from
1748		-	860
1749		-	the funds to which the money is transferred must be authorized by an appropriation.
1750		-	861
1751		-	ITEM 5 To General Fund Restricted - Rural Health Care Facilities Fund
1752		-	862
1753		-	From General Fund (218,900)
1754		-	863
1755		-	Schedule of Programs:
1756		-	864
1757		-	General Fund Restricted - Rural Health Care
1758	1762		865
1759		-	~~Facilities Fund~~ ~~(218,900)~~
	1763	+	Section 15. Effective Date.
1760	1764		866
1761		-	Section 15. Effective Date.
1762		-	867
1763	1765		This bill takes effect on May 7, 2025.
1764	1766		- 26 -