Enrolled Copy S.B. 283
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Funds Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: Walt Brooks
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LONG TITLE
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General Description:
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This bill modifies provisions related to state accounts.
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Highlighted Provisions:
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This bill:
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▸ allows the State Tax Commission to use money in the State Tax Commission
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Administrative Charge Account to offset general operational expenses;
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▸ provides that the Department of Cultural and Community Engagement disburses money
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from the Nonprofit Capacity Fund;
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▸ allows the Utah Board of Higher Education to move money across specified line items;
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▸ provides circumstances under which an internal service fund agency may charge a rate,
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fee, or other charge that is less than the rate, fee, or other charge the Legislature
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approved;
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▸ prohibits a fee agency from charging a fee amount that is different from the amount the
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Legislature approved, unless the amount is less than the approved amount and the fee
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agency satisfies specified notice requirements;
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▸ addresses a fee agency's obligations if the fee agency charges a fee that exceeds the
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amount the Legislature approved;
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▸ repeals the following unfunded accounts:
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● the Utah Natural Resources Legacy Fund;
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● the Intermountain Weatherization Training Fund; and
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● the Utah Children's Outdoor Recreation and Education Fund;
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▸ repeals the Mathematical Equations Act; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill: S.B. 283 Enrolled Copy
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53-2a-1102 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 34,
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471
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59-1-306 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 35
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59-5-121 (Effective 05/07/25), as enacted by Laws of Utah 2023, Chapter 537
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59-10-1321 (Effective 05/07/25), as enacted by Laws of Utah 2023, Chapter 513
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63J-1-206 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 268
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63J-1-410 (Effective 05/07/25), as last amended by Laws of Utah 2014, Chapter 236
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63J-1-504 (Effective 07/01/25), as last amended by Laws of Utah 2023, Chapter 428
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63J-1-602 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 86
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79-2-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 507
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79-7-206 (Effective 05/07/25), as enacted by Laws of Utah 2022, Chapter 68
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REPEALS:
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23A-3-301 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2023,
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Chapter 103
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23A-3-302 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2023,
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Chapter 103
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23A-3-303 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2023,
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Chapter 103
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23A-3-304 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2023,
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Chapter 103
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23A-3-305 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2023,
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Chapter 103
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23A-3-306 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2023,
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Chapter 103
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35A-8-1301 (Effective 05/07/25), as last amended by Laws of Utah 2013, Chapter 400
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63I-6-101 (Effective upon governor's approval), as enacted by Laws of Utah 2015,
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Chapter 49
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63I-6-102 (Effective upon governor's approval), as enacted by Laws of Utah 2015,
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Chapter 49
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63I-6-103 (Effective upon governor's approval), as enacted by Laws of Utah 2015,
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Chapter 49
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63J-3-206 (Effective upon governor's approval), as enacted by Laws of Utah 2015,
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Chapter 49
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79-8-304 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 68
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53-2a-1102 is amended to read:
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53-2a-1102 (Effective 05/07/25). Search and Rescue Financial Assistance
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Program -- Uses -- Rulemaking -- Distribution.
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(1) As used in this section:
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(a) "Assistance card program" means the Utah Search and Rescue Assistance Card
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Program created within this section.
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(b) "Card" means the Search and Rescue Assistance Card issued under this section to a
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participant.
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(c) "Participant" means an individual, family, or group who is registered pursuant to this
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section as having a valid card at the time search, rescue, or both are provided.
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(d) "Program" means the Search and Rescue Financial Assistance Program created
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within this section.
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(e)(i) "Reimbursable base expenses" means those reasonable expenses incidental to
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search and rescue activities.
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(ii) "Reimbursable base expenses" include:
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(A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
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(B) replacement and upgrade of search and rescue equipment;
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(C) training of search and rescue volunteers;
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(D) costs of providing life insurance and workers' compensation benefits for
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volunteer search and rescue team members under Section 67-20-7.5; and
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(E) any other equipment or expenses necessary or appropriate for conducting
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search and rescue activities.
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(iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
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individual on a regular or permanent payroll, including permanent part-time
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employees of any agency of the state.
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(f) "Rescue" means search services, rescue services, or both search and rescue services.
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(2) There is created the Search and Rescue Financial Assistance Program within the
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division.
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(3)(a) The financial program and the assistance card program shall be funded from the
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following revenue sources:
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(i) any voluntary contributions to the state received for search and rescue operations;
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(ii) money received by the state under Subsection (11) and under Sections 23A-4-209,
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41-22-34, and 73-18-24;
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(iii) money deposited under Subsection 59-12-103(13);
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(iv) contributions deposited in accordance with Section 41-1a-230.7; and
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(v) appropriations made to the program by the Legislature.
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(b) Money received from the revenue sources in Subsections (3)(a)(i), (ii), and (iv), and
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90% of the money described in Subsection (3)(a)(iii), shall be deposited into the
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General Fund as a dedicated credit to be used solely for the program.
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(c) Ten percent of the money described in Subsection (3)(a)(iii) shall be deposited into
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the General Fund as a dedicated credit to be used solely to promote the assistance
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card program.
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(d) Funding for the program is nonlapsing.
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(4) Subject to Subsections (3)(b) and (c), the director shall use the money described in this
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section to reimburse counties for all or a portion of each county's reimbursable base
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expenses for search and rescue operations, subject to:
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(a) the approval of the Search and Rescue Advisory Board as provided in Section
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53-2a-1104;
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(b) money available in the program; and
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(c) rules made under Subsection (7).
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(5) Money described in Subsection (3) may not be used to reimburse for any paid personnel
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costs or paid man hours spent in emergency response and search and rescue related
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activities.
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(6) The Legislature finds that these funds are for a general and statewide public purpose.
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(7) The division, with the approval of the Search and Rescue Advisory Board, shall make
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rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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and consistent with this section:
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(a) specifying the costs that qualify as reimbursable base expenses;
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(b) defining the procedures of counties to submit expenses and be reimbursed;
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(c) defining a participant in the assistance card program, including:
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(i) individuals; and
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(ii) families and organized groups who qualify as participants;
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(d) defining the procedure for issuing a card to a participant;
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(e) defining excluded expenses that may not be reimbursed under the program, including
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medical expenses;
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(f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
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Program;
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(g) establishing the frequency of review of the fee schedule;
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(h) providing for the administration of the program; and
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(i) providing a formula to govern the distribution of available money among the counties
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for uncompensated search and rescue expenses based on:
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(i) the total qualifying expenses submitted;
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(ii) the number of search and rescue incidents per county population;
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(iii) the number of victims that reside outside the county; and
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(iv) the number of volunteer hours spent in each county in emergency response and
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search and rescue related activities per county population.
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(8)(a) The division shall, in consultation with the Division of Outdoor Recreation,
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establish the fee schedule of the Utah Search and Rescue Assistance Card Program
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under Subsection [63J-1-504(7)] 63J-1-504(9).
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(b) The division shall provide a discount of not less than 10% of the card fee under
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Subsection (8)(a) to a person who has paid a fee under Section 23A-4-209, 41-22-34,
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or 73-18-24 during the same calendar year in which the person applies to be a
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participant in the assistance card program.
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(9) Counties may not bill reimbursable base expenses to an individual for costs incurred for
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the rescue of an individual, if the individual is a current participant in the Utah Search
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and Rescue Assistance Card Program at the time of rescue, unless:
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(a) the rescuing county finds that the participant acted recklessly in creating a situation
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resulting in the need for the county to provide rescue services; or
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(b) the rescuing county finds that the participant intentionally created a situation
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resulting in the need for the county to provide rescue services.
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(10)(a) There is created the Utah Search and Rescue Assistance Card Program. The
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program is located within the division.
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(b) The program may not be used to cover any expenses, such as medically related
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expenses, that are not reimbursable base expenses related to the rescue.
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(11)(a) To participate in the program, a person shall purchase a search and rescue
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assistance card from the division by paying the fee as determined by the division in
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Subsection (8).
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(b) The money generated by the fees shall be deposited into the General Fund as a
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dedicated credit for the Search and Rescue Financial Assistance Program created in
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this section.
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(c) Participation and payment of fees by a person under Sections 23A-4-209, 41-22-34,
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and 73-18-24 do not constitute purchase of a card under this section.
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(12) The division shall consult with the Division of Outdoor Recreation regarding:
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(a) administration of the assistance card program; and
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(b) outreach and marketing strategies.
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(13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance Card
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Program under this section is exempt from being considered insurance as that term is
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defined in Section 31A-1-301.
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Section 2. Section 59-1-306 is amended to read:
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59-1-306 (Effective 05/07/25). Definition -- State Tax Commission
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Administrative Charge Account -- Amount of administrative charge -- Deposit of
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revenue into the restricted account -- Interest deposited into General Fund --
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Expenditure of money deposited into the restricted account.
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(1) As used in this section, "qualifying tax, fee, or charge" means a tax, fee, or charge the
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commission administers under:
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(a) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
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(b) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
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(c) Section 19-6-714;
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(d) Section 19-6-805;
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(e) Chapter 12, Sales and Use Tax Act, other than a tax under Chapter 12, Part 1, Tax
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Collection, or Chapter 12, Part 18, Additional State Sales and Use Tax Act;
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(f) Section 59-27-105;
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(g) Chapter 31, Cannabinoid Licensing and Tax Act;
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(h) Section 63H-1-205; or
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(i) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges.
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(2) There is created a restricted account within the General Fund known as the "State Tax
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Commission Administrative Charge Account."
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(3) Subject to the other provisions of this section, the restricted account shall consist of
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administrative charges the commission retains and deposits in accordance with this
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section.
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(4) For purposes of this section, the administrative charge is a percentage of revenue the
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commission collects from each qualifying tax, fee, or charge of not to exceed the lesser
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of:
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(a) 1.5%; or
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(b) an equal percentage of revenue the commission collects from each qualifying tax,
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fee, or charge sufficient to cover the cost to the commission of administering the
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qualifying taxes, fees, or charges.
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(5) The commission shall deposit an administrative charge into the restricted account.
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(6) Interest earned on the restricted account shall be deposited into the General Fund.
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(7) The commission shall expend money appropriated by the Legislature to the commission
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from the restricted account to administer qualifying taxes, fees, or charges or to offset
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general operational expenses.
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Section 3. Section 59-5-121 is amended to read:
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59-5-121 (Effective 05/07/25). Severance tax revenue for aviation fuel incentive
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account.
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(1) As used in this section:
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(a) "Base revenue year" means the fiscal year designated by the port authority under
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Subsection (3).
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(b) "Incentive account" means the same as that term is defined in Section 11-58-208.
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(c) "Incremental revenue" means the amount that is calculated by subtracting the net
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severance revenue for the base revenue year from the net severance revenue for the
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applicable incremental revenue year.
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(d) "Incremental revenue year" means any of the first 10 consecutive fiscal years
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immediately following the base revenue year.
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(e) "Net severance revenue" means the amount of severance tax revenue collected
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during a fiscal year under Section 59-5-102, after deducting the amount of severance
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tax revenue required to be distributed under Sections 51-9-305, 51-9-306, 59-5-116,
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and 59-5-119.
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(f) "Port authority" means the Utah Inland Port Authority created in Section 11-58-201.
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(2) Subject to Subsections (3) and (4), for each of the 10 consecutive fiscal years beginning
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the first incremental revenue year, if incremental revenue is greater than zero, the
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Division of Finance shall deposit incremental revenue into the incentive account.
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(3)(a) The port authority shall designate as the base revenue year the fiscal year that:
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(i) begins on or after July 1, 2023; and
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(ii) the port authority determines will precede the first fiscal year during which the
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effects of the aviation fuel incentive program under Section 11-58-208 on the
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amount of severance tax revenue under Section 59-5-102 are expected to begin to
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occur.
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(b) No later than September 30 of the first incremental revenue year, the port authority
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shall provide written notification to the Division of Finance of the fiscal year that the
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port authority designates as the base revenue year.
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(4)(a) The Division of Finance may not deposit incremental revenue under Subsection
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(2) that exceeds $1,000,000 per fiscal year.
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(b) The maximum cumulative amount of incremental revenue that the Division of
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Finance may deposit into the incentive account is $10,000,000.
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(c) If the amount of incremental revenue for any incentive year is less than $1,000,000,
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the Division of Finance shall deposit into the incentive account the amount of
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incremental revenue available.
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Section 4. Section 59-10-1321 is amended to read:
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59-10-1321 (Effective 05/07/25). Contribution to the Nonprofit Capacity Fund.
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(1)(a) There is created an expendable special revenue fund known as the "Nonprofit
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Capacity Fund."
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(b) The fund shall consist of all amounts deposited into the fund in accordance with
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Subsection (2).
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(2) Except as provided in Section 59-10-1304, a resident or nonresident individual who
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files an income tax return under this chapter may designate on the resident or
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nonresident individual's income tax return a contribution to be:
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(a) deposited into the Nonprofit Capacity Fund; and
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(b) expended as provided in Subsection (3).
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[(3)(a) Each year, the commission shall disburse from the Nonprofit Capacity Fund all
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money deposited into the fund since the last disbursement.]
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[(b) The commission shall disburse money under Subsection (3)(a) to the Department of
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Cultural and Community Engagement for the purpose of providing money for grants
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to nonprofit organizations in the state.]
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(3) The Department of Cultural and Community Engagement may use the money in the
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Nonprofit Capacity Fund to provide grants to nonprofit organizations in the state.
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Section 5. Section 63J-1-206 is amended to read:
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63J-1-206 (Effective 05/07/25). Appropriations governed by chapter --
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Restrictions on expenditures -- Transfer of funds -- Exclusion.
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(1)(a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly exempted
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in the appropriating act:
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(i) all money appropriated by the Legislature is appropriated upon the terms and
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conditions set forth in this chapter; and
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(ii) any department, agency, or institution that accepts money appropriated by the
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Legislature does so subject to the requirements of this chapter.
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(b) This section does not apply to:
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(i) the Legislature and its committees; and
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(ii) the Investigation Account of the Water Resources Construction Fund, which is
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governed by Section 73-10-8.
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(2)(a) Each item of appropriation is to be expended subject to any schedule of programs
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and any restriction attached to the item of appropriation, as designated by the
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Legislature.
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(b) Each schedule of programs or restriction attached to an appropriation item:
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(i) is a restriction or limitation upon the expenditure of the respective appropriation
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made;
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(ii) does not itself appropriate any money; and
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(iii) is not itself an item of appropriation.
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(c)(i) An appropriation or any surplus of any appropriation may not be diverted from
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any department, agency, institution, division, or line item to any other department,
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agency, institution, division, or line item.
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(ii) If the money appropriated to an agency to pay lease payments under the program
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established in Section 63A-5b-703 exceeds the amount required for the agency's
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lease payments to the Division of Facilities Construction and Management, the
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agency may:
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(A) transfer money from the lease payments line item to other line items within
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the agency; and
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(B) retain and use the excess money for other purposes.
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(d) The money appropriated subject to a schedule of programs or restriction may be used
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only for the purposes authorized.
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(e) In order for a department, agency, or institution to transfer money appropriated to it
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from one program to another program, the department, agency, or institution shall
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revise its budget execution plan as provided in Section 63J-1-209.
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(f)(i) The procedures for transferring money between programs within a line item as
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provided by Subsection (2)(e) do not apply to money appropriated to the State
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Board of Education for the Minimum School Program or capital outlay programs
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created in Title 53F, Chapter 3, State Funding -- Capital Outlay Programs.
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(ii) The state superintendent may transfer money appropriated for the programs
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specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
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(3) Notwithstanding Subsection (2)(c)(i):
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(a) the state superintendent may transfer money appropriated for the Minimum School
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Program between line items in accordance with Section 53F-2-205; and
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(b) the Department of Government Operations may transfer money appropriated to
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another department, agency, institution, or division for the purpose of paying the
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costs of pay for performance under Section 63A-17-112.
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(4) During fiscal years 2026 through 2029, the Utah Board of Higher Education may
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transfer money from the Utah Board of Higher Education's line item for high-value
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careers to the operating budgets of institutions of higher education, as defined in Section
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53B-3-102, in amounts that are no greater than the amount the Legislature approves.
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Section 6. Section 63J-1-410 is amended to read:
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63J-1-410 (Effective 05/07/25). Internal service funds -- Governance and review.
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(1) For purposes of this section:
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(a) "Agency" means a department, division, office, bureau, or other unit of state
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government, and includes any subdivision of an agency.
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(b) "Do not replace vehicles" means a vehicle accounted for in the Division of Fleet
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Operations for which charges to an agency for its use do not include amounts to
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cover depreciation or to accumulate assets to replace the vehicle at the end of its
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useful life.
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(c) "Internal service fund agency" means an agency that provides goods or services to
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other agencies of state government or to other governmental units on a capital
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maintenance and cost reimbursement basis, and which recovers costs through
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interagency billings.
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(d) "Revolving loan fund" means each of the revolving loan funds defined in Section
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63A-3-205.
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(2) An internal service fund agency is not subject to this section with respect to its
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administration of a revolving loan fund.
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(3)(a) An internal service fund agency may not bill another agency for services that it
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provides for each internal service fund operated by the agency, unless the Legislature
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has:
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(i) reviewed and approved each internal service fund's budget request;
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(ii) reviewed and approved each internal service fund's rates, fees, and other amounts
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that it charges those who use its services and included those rates, fees, and
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amounts in an appropriation act;
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(iii) approved the number of full-time, permanent positions of each internal service
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fund as part of the annual appropriation process;
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(iv) review the number of full-time equivalent contract employees of each internal
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service fund as part of the annual appropriation process; and
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(v) appropriated to the internal service fund agency each internal service fund's
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estimated revenue based upon the rates and fee structure that are the basis for the
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estimate.
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(b) If an internal service fund agency operates more than one internal service fund
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within the internal service fund agency, the internal service fund agency shall comply
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with the review and approval requirements under Subsection (3)(a) for each internal
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service fund.
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(c) If an internal service fund agency operates an internal service fund and does not get
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the approvals required under Subsection (3)(a) or [(4)(b)] (4)(c), the internal service
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fund agency shall rebate all rates, fees, and amounts collected to those who use the
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services for the rates, fees, and amounts collected that were not approved under
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Subsection (3)(a) or [(4)(b)] (4)(c).
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(4)(a) An internal service fund agency may charge a rate, fee, or other amount that is
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less than the rate, fee, or other amount established by the Legislature in an
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appropriations act if the internal service fund agency first reports to the Governor's
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Office of Planning and Budget and the Office of the Legislative Fiscal Analyst the
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internal service fund agency's justification for reducing the rate, fee, or other amount.
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(b) Except as provided in Subsection [(4)(b)] (4)(c), an internal service fund agency may
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not charge rates, fees, and other amounts that exceed the rates, fees, and amounts
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established by the Legislature in the appropriations act.
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[(b)] (c)(i) An internal service fund agency that begins a new service or introduces a
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new product between annual general sessions of the Legislature may, for that
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service or product:
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(A) establish and charge an interim rate or amount;
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(B) acquire contract employees, if necessary; or
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(C) do a combination of Subsections [(4)(b)(i)(A) and (B)] (4)(c)(i)(A) and (B).
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(ii) The internal service fund agency shall:
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(A) submit the interim rate or amount under Subsection [(4)(b)(i)] (4)(c)(i) to the
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Legislature for approval at the next annual general session; and
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(B) report any change in the number of contract employees under Subsection [
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(4)(b)(i)] (4)(c)(i) to the appropriate legislative appropriations subcommittee for
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review.
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(5) The internal service fund agency budget request shall separately identify the capital
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needs and the related capital budget.
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(6) In the fiscal year that the accounting change referred to in Subsection 51-5-6(2) is
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implemented by the Division of Finance, the Division of Finance shall transfer equity
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created by that accounting change to any internal service fund agency up to the amount
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needed to eliminate any long-term debt and deficit working capital in the fund.
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(7) No new internal service fund agency may be established unless reviewed and approved
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by the Legislature.
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(8)(a) Except as provided in Subsection (8)(f), an internal service fund agency may not
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acquire capital assets unless legislative approval for acquisition of the assets has been
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included in an appropriations act for the internal service fund agency.
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(b) An internal service fund agency may not acquire capital assets after the transfer
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mandated by Subsection (6) has occurred unless the internal service fund agency has
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adequate working capital.
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(c) The internal service fund agency shall provide working capital from the following
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sources in the following order:
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(i) first, from operating revenues to the extent allowed by state rules and federal
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regulations;
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(ii) second, from long-term debt, subject to the restrictions of this section; and
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(iii) last, from an appropriation.
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(d)(i) To eliminate negative working capital, an internal service fund agency may
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incur long-term debt from the General Fund or Special Revenue Funds to acquire
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capital assets.
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(ii) The internal service fund agency shall repay all long-term debt borrowed from the
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General Fund or Special Revenue Funds by making regular payments over the
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useful life of the asset according to the asset's depreciation schedule.
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(e)(i) The Division of Finance may not allow an internal service fund agency's
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borrowing to exceed 90% of the net book value of the agency's capital assets as of
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the end of the fiscal year.
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(ii) If an internal service fund agency wishes to purchase authorized assets or enter
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into equipment leases that would increase its borrowing beyond 90% of the net
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book value of the agency's capital assets, the agency may purchase those assets
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only with money appropriated from another fund, such as the General Fund or a
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special revenue fund.
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(f)(i) Except as provided in Subsection (8)(f)(ii), capital assets acquired through
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agency appropriation may not be transferred to any internal service fund agency
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without legislative approval.
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(ii) Vehicles acquired by agencies from appropriated funds or money appropriated to
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agencies to be used for vehicle purchases may be transferred to the Division of
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Fleet Operations and, when transferred, become part of the Fleet Operations
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Internal Service Fund.
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(iii) Vehicles acquired with funding from sources other than state appropriations or
419
acquired through the federal surplus property donation program may be
420
transferred to the Division of Fleet Operations and, when transferred, become part
421
of the Fleet Operations Internal Service Fund.
422
(iv) Unless otherwise approved by the Legislature, vehicles acquired under
423
Subsection (8)(f)(iii) shall be accounted for as "do not replace" vehicles.
424
(9) The Division of Finance shall adopt policies and procedures related to the accounting
425
for assets, liabilities, equity, revenues, expenditures, and transfers of internal service
426
funds agencies.
427
Section 7. Section 63J-1-504 is amended to read:
428
63J-1-504 (Effective 07/01/25). Fees -- Adoption, procedure, and approval --
429
Establishing and assessing fees without legislative approval -- Report summarizing fees.
430
(1) As used in this section:
431
(a)(i) "Agency" means each department, commission, board, council, agency,
432
institution, officer, corporation, fund, division, office, committee, authority,
433
laboratory, library, unit, bureau, panel, or other administrative unit of the state.
434
(ii) "Agency" does not include:
435
(A) the Legislature or a committee or staff office of the Legislature; or
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436
(B) the Judiciary, as that term is defined in Section 78A-2-310.
437
(b) "Agency's cost" means all of a fee agency's direct and indirect costs and expenses for
438
providing the goods or service for which the fee agency charges a fee or for
439
regulating the industry in which the persons paying the fee operate, including:
440
(i) salaries, benefits, contracted labor costs, travel expenses, training expenses,
441
equipment and material costs, depreciation expense, utility costs, and other
442
overhead costs; and
443
(ii) costs and expenses for administering the fee.
444
(c)(i) "Fee agency" means an agency that is authorized to establish and charge a
445
service fee or a regulatory fee.
446
(ii) "Fee agency" does not include an internal service fund agency as defined in
447
Section 63J-1-410.
448
(d) "Fee schedule" means the complete list of service fees and regulatory fees charged
449
by a fee agency and the amount of those fees.
450
(e) "Regulatory fee" means a fee that a fee agency charges to cover the agency's cost of
451
regulating the industry in which the persons paying the fee operate.
452
(f) "Service fee" means a fee that a fee agency charges to cover the agency's cost of
453
providing the goods or service for which the fee is charged.
454
(2)(a) A fee agency that charges or intends to charge a service fee or regulatory fee shall
455
adopt a fee schedule.
456
(b) A service fee or regulatory fee that a fee agency charges shall:
457
(i) be reasonable and fair;
458
(ii) reflect and be based on the agency's cost for the fee; and
459
(iii) be established according to a cost formula determined by the executive director
460
of the Governor's Office of Planning and Budget and the director of the Division
461
of Finance in conjunction with the fee agency seeking to establish the fee.
462
(3) Except as provided in Subsection [(7)] (9), a fee agency may not:
463
(a) set fees by rule; or
464
(b) create, change, or collect any fee unless the fee has been established according to the
465
procedures and requirements of this section.
466
(4) Each fee agency that is proposing a new fee or proposing to change a fee shall:
467
(a) present each proposed fee at a public hearing, subject to the requirements of Title 52,
468
Chapter 4, Open and Public Meetings Act;
469
(b) increase, decrease, or affirm each proposed fee based on the results of the public
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470
hearing;
471
(c) except as provided in Subsection [(8)] (10), submit the fee schedule to the Legislature
472
as part of the agency's annual appropriations request; and
473
(d) modify the fee schedule as necessary to implement the Legislature's actions.
474
[(5)(a) No later than November 30, 2022, the Governor's Office of Planning and Budget
475
and the Division of Finance shall submit a report to the Infrastructure and General
476
Government Appropriations Subcommittee of the Legislature.]
477
[(b) A report under Subsection (5)(a) shall:]
478
[(i) provide a summary of:]
479
[(A) the types of service fees and regulatory fees included in the fee schedules of
480
all fee agencies;]
481
[(B) the methods used by fee agencies to determine the amount of fees;]
482
[(C) each estimated agency's cost related to each fee;]
483
[(D) whether a fee is intended to cover the agency's cost related to the fee;]
484
[(E) whether the fee agency intends to subsidize the fee to cover the agency's cost
485
related to the fee and, if so, the fee agency's justification for the subsidy; and]
486
[(F) whether the fee agency set the fee at an amount that exceeds the agency's cost
487
related to the fee and, if so, the fee agency's justification for the excess fee; and]
488
[(ii) include any recommendations for improving the process described in this section.]
489
[(6)] (5)(a) A fee agency shall submit the fee agency's fee schedule to the Legislature for
490
the Legislature's approval on an annual basis.
491
(b) The Legislature may approve, increase or decrease and approve, or reject any fee
492
submitted to it by a fee agency in an appropriations act.
493
(6) Except as provided in Subsection (8), a fee agency may not charge a fee in an amount
494
that is different from the amount the Legislature approved under Subsection (5).
495
(7) If a fee agency charges a fee in an amount that exceeds the amount the Legislature
496
approved:
497
(a) the fee agency shall make all efforts to refund to each payor the amount the payor
498
paid that exceeds the amount the Legislature approved; and
499
(b) the Division of Finance shall transfer into the General Fund any excess collections
500
not refunded to payors in accordance with Subsection (7)(a).
501
(8) A fee agency may charge a fee that is less than the fee established by the Legislature in
502
an appropriations act if the fee agency first reports to the Governor's Office of Planning
503
and Budget and the Office of the Legislative Fiscal Analyst the fee agency's justification
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504
for reducing the fee.
505
[(7)] (9) After conducting the public hearing required by this section, a fee agency may
506
establish and assess fees without first obtaining legislative approval if:
507
(a)(i) the Legislature creates a new program that is to be funded by fees to be set by
508
the Legislature;
509
(ii) the new program's effective date is before the Legislature's next annual general
510
session; and
511
(iii) the fee agency submits the fee schedule for the new program to the Legislature
512
for its approval at a special session, if allowed in the governor's call, or at the next
513
annual general session of the Legislature, whichever is sooner; or
514
(b)(i) the fee agency proposes to increase or decrease an existing fee for the purpose
515
of adding or removing a transactional fee that is charged or assessed by a
516
non-governmental third party but is included as part of the fee charged by the fee
517
agency;
518
(ii) the amount of the increase or decrease in the fee is equal to the amount of the
519
transactional fee charged or assessed by the non-governmental third party; and
520
(iii) the increased or decreased fee is submitted to the Legislature for the Legislature's
521
approval at a special session, if allowed in the governor's call, or at the next
522
annual session of the Legislature, whichever is sooner.
523
[(8)] (10)(a) A fee agency that intends to change any fee shall submit to the governor, as
524
part of the agency's annual appropriation request a list that identifies:
525
(i) the title or purpose of the fee;
526
(ii) the present amount of the fee;
527
(iii) the proposed new amount of the fee;
528
(iv) the percent that the fee will have increased if the Legislature approves the higher
529
fee;
530
(v) the estimated total annual revenue and total estimated annual revenue change that
531
will result from the changed fee;
532
(vi) the account or fund into which the fee will be deposited;
533
(vii) the reason for the change in the fee;
534
(viii) the estimated number of persons to be charged the fee;
535
(ix) the estimated agency's cost related to the fee;
536
(x) whether the fee is a service fee or a regulatory fee;
537
(xi) whether the fee is intended to cover the agency's cost related to the fee;
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538
(xii) whether the fee agency intends to subsidize the fee to cover the agency's cost
539
related to the fee and, if so, the fee agency's justification for the subsidy; and
540
(xiii) whether the fee agency set the fee at an amount that exceeds the agency's cost
541
related to the fee and, if so, the fee agency's justification for the excess fee.
542
(b)(i) The governor may review and approve, modify and approve, or reject the fee
543
increases.
544
(ii) The governor shall transmit the list required by Subsection [(8)(a)] (10)(a), with
545
any modifications, to the legislative fiscal analyst with the governor's budget
546
recommendations.
547
(c) Bills approving any fee change shall be filed before the beginning of the Legislature's
548
annual general session, if possible.
549
[(9)] (11)(a) Except as provided in Subsection [(9)(b)] (11)(b), the School and
550
Institutional Trust Lands Administration, established in Section 53C-1-201, is exempt
551
from the requirements of this section.
552
(b) The following fees of the School and Institutional Trust Lands Administration are
553
subject to the requirements of this section: application, assignment, amendment,
554
affidavit for lost documents, name change, reinstatement, grazing nonuse, extension
555
of time, partial conveyance, patent reissue, collateral assignment, electronic payment,
556
and processing.
557
Section 8. Section 63J-1-602 is amended to read:
558
63J-1-602 (Effective 05/07/25). Nonlapsing appropriations.
559
(1) [The appropriations from a fund or account and appropriations to a program that are
560
listed in Section 63J-1-602.1 or 63J-1-602.2 are nonlapsing] Each appropriation listed in
561
Section 63J-1-602.1 or 63J-1-602.2 is nonlapsing.
562
(2) No appropriation from a fund or account or appropriation to a program may be treated
563
as nonlapsing unless:
564
(a) it is listed in Section 63J-1-602.1 or 63J-1-602.2;
565
(b) it is designated in a condition of appropriation in the appropriations bill; or
566
(c) nonlapsing authority is granted under Section 63J-1-603.
567
(3) Each legislative appropriations subcommittee shall review the accounts and funds that
568
have been granted nonlapsing authority under the provisions of this section or Section
569
63J-1-603.
570
(4) Except as provided in Subsection (5), on or before October 1 of each calendar year, an
571
agency shall submit to the legislative appropriations subcommittee with jurisdiction over
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572
the agency's budget a report that describes the agency's plan to expend any nonlapsing
573
appropriations, including:
574
(a) if applicable, the results of the prior year's planned use of the agency's nonlapsing
575
appropriations; and
576
(b) if the agency plans to save all or a portion of the agency's nonlapsing appropriations
577
over multiple years to pay for an anticipated expense:
578
(i) the estimated cost of the expense; and
579
(ii) the number of years until the agency will accumulate the amount required to pay
580
for the expense.
581
(5) The State Board of Education shall submit the report described in Subsections (4)(a)
582
and (b) on or before October 10 of each calendar year.
583
Section 9. Section 79-2-201 is amended to read:
584
79-2-201 (Effective 05/07/25). Department of Natural Resources created.
585
(1) There is created the Department of Natural Resources.
586
(2) The department comprises the following:
587
(a) Board of Water Resources, created in Section 73-10-1.5;
588
(b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
589
(c) Office of Energy Development, created in Section 79-6-401;
590
(d) Wildlife Board, created in Section 23A-2-301;
591
(e) Board of the Utah Geological Survey, created in Section 79-3-301;
592
(f) Water Development Coordinating Council, created in Section 73-10c-3;
593
(g) Division of Water Rights, created in Section 73-2-1.1;
594
(h) Division of Water Resources, created in Section 73-10-18;
595
(i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
596
(j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
597
(k) Division of State Parks, created in Section 79-4-201;
598
(l) Division of Outdoor Recreation, created in Section 79-7-201;
599
(m) Division of Wildlife Resources, created in Section 23A-2-201;
600
(n) Utah Geological Survey, created in Section 79-3-201;
601
(o) Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section
602
79-7-206;
603
(p)(i) an advisory council that includes in the advisory council's duties advising on
604
state boating policy, authorized by Section 73-18-3.5; or
605
(ii) an advisory council that includes in the advisory council's duties advising on
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606
off-highway vehicle use, authorized by Section 41-22-10;
607
(q) Wildlife Board Nominating Committee, created in Section 23A-2-302;
608
(r) Wildlife Regional Advisory Councils, created in Section 23A-2-303;
609
(s) Utah Watersheds Council, created in Section 73-10g-304; and
610
[(t) Utah Natural Resources Legacy Fund Board, created in Section 23A-3-305; and]
611
[(u)] (t) Public Lands Policy Coordinating Office created in Section 63L-11-201.
612
(3) The department shall provide office space, furnishings, and supplies to the Great Salt
613
Lake commissioner appointed under Section 73-32-201, the Office of the Great Salt
614
Lake Commissioner created in Section 73-32-301, and support staff for the Office of the
615
Great Salt Lake Commissioner.
616
Section 10. Section 79-7-206 is amended to read:
617
79-7-206 (Effective 05/07/25). Utah Outdoor Recreation Infrastructure Advisory
618
Committee.
619
(1) As used in this section, "committee" means the Utah Outdoor Recreation Infrastructure
620
Advisory Committee created in this section.
621
(2)(a) There is created within the division the "Utah Outdoor Recreation Infrastructure
622
Advisory Committee" consisting of the following 17 members:
623
(i) the director of the division, who shall act as chair of the committee;
624
(ii) the director of the Division of State Parks, or the director of the Division of State
625
Park's designee; and
626
(iii) the following appointed by the executive director:
627
(A) one nonvoting representative of a federal land agency;
628
(B) one nonvoting representative of National Park Service's River, Trails, and
629
Conservation Assistance Program;
630
(C) one representative of municipal government, recommended by the Utah
631
League of Cities and Towns;
632
(D) one representative of county government, recommended by the Utah
633
Association of Counties;
634
(E) two representatives of the outdoor industry;
635
(F) two representatives of tourism, with one focused in the hotel or lodging sector;
636
(G) one representative of the healthcare industry;
637
(H) one representative of multi-ability groups or programs;
638
(I) one representative of outdoor recreation education programming;
639
(J) one representative of nonmotorized recreation interests;
- 19 - S.B. 283 Enrolled Copy
640
(K) one representative of youth conservation or service corps organization; and
641
(L) two representatives of motorized recreation interests.
642
(b) At least two of the members of the committee appointed under Subsection (2)(a)(iii)
643
shall represent rural interests.
644
(3)(a) Except as required by Subsection (3)(b), as terms of committee members
645
appointed under Subsection (2)(a)(iii) expire, the division shall appoint each new
646
member or reappointed member to a four-year term.
647
(b) Notwithstanding the requirements of Subsection (3)(a), the division shall, at the time
648
of appointment or reappointment, adjust the length of terms to ensure that the terms
649
of committee members appointed under Subsection (2)(a)(iii) are staggered so that
650
approximately half of the committee is appointed every two years.
651
(c) The executive director may remove an appointed member of the advisory committee
652
at any time, with or without cause.
653
(d) When a vacancy occurs in the membership for any reason, the executive director
654
shall appoint the replacement for the unexpired term in the same manner as the
655
original appointment.
656
(4) The majority of voting members of the committee constitutes a quorum and an action of
657
the majority of voting members present when a quorum is present is action by the
658
committee.
659
(5) The division shall provide administrative staff support for the committee.
660
(6) A member may not receive compensation or benefits for the member's service, but a
661
member appointed under Subsection (2)(a)(iii) may receive per diem and travel
662
expenses in accordance with:
663
(a) Section 63A-3-106;
664
(b) Section 63A-3-107; and
665
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
666
63A-3-107.
667
(7) The committee shall advise and make recommendations to the division regarding:
668
(a) nonmotorized recreational trails under Chapter 5, Recreational Trails;
669
(b) grants issued under Chapter 8, Part 2, Recreation Restoration Infrastructure Grant
670
Program;
671
[(c) the administration of the fund created in Section 79-8-304;]
672
[(d)] (c) grants issued under Chapter 8, Part 3, Utah Children's Outdoor Recreation and
673
Education Grant Program; and
- 20 - Enrolled Copy S.B. 283
674
[(e)] (d) grants issued under Chapter 8, Part 4, Outdoor Recreational Infrastructure Grant
675
Program.
676
Section 11. Repealer.
677
This bill repeals:
678
Section 23A-3-301, (Effective 05/07/25)Definitions.
679
Section 23A-3-302, (Effective 05/07/25)Application to mineral estates.
680
Section 23A-3-303, (Effective 05/07/25)Reporting.
681
Section 23A-3-304, (Effective 05/07/25)Utah Natural Resources Legacy Fund.
682
Section 23A-3-305, (Effective 05/07/25)Utah Natural Resources Legacy Fund Board.
683
Section 23A-3-306, (Effective 05/07/25)Uses of legacy fund.
684
Section 35A-8-1301, (Effective 05/07/25)Creation and administration.
685
Section 63I-6-101, (Effective upon governor's approval)Title.
686
Section 63I-6-102, (Effective upon governor's approval)Definitions.
687
Section 63I-6-103, (Effective upon governor's approval)Converting a formula into a
688
mathematical equation.
689
Section 63J-3-206, (Effective upon governor's approval)Appropriations limit formula --
690
Mathematical equation.
691
Section 79-8-304, (Effective 05/07/25)Utah Children's Outdoor Recreation and
692
Education Fund -- Uses -- Costs.
693
Section 12. Effective Date.
694
(1) Except as provided in Subsections (2) and (3), this bill takes effect May 7, 2025.
695
(2)(a) The actions affecting sections described in Subsection (2)(b) take effect:
696
(i) except as provided in Subsection (2)(a)(ii), May 7, 2025; or
697
(ii) if approved by two-thirds of all members elected to each house:
698
(A) upon approval by the governor;
699
(B) without the governor's signature, the day following the constitutional time
700
limit of Utah Constitution, Article VII, Section 8; or
701
(C) in the case of a veto, the date of veto override.
702
(b) Subsection (2)(a) applies to the actions affecting the following sections:
703
(i) Section 63I-6-101Effective upon governor's approval;
704
(ii) Section 63J-3-206Effective upon governor's approval;
705
(iii) Section 63I-6-103Effective upon governor's approval; and
706
(iv) Section 63I-6-102Effective upon governor's approval.
707
(3) The actions affecting Section 63J-1-504 Effective 07/01/25 take effect on July 1, 2025.
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