Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 133 First Substitute (2021GS)

Sponsor

Sen. Hinkins, D.

Final action

LFA/ fiscal note publicly available 3/30/2021

Outcome

LFA/ fiscal note publicly available

Summary

What it does

• This bill:
• creates the Division of Air Quality Oil, Gas, and Mining Restricted Account, Division of Water Quality Oil, Gas, and Mining Restricted Account, the Division of Oil, Gas, and Mining Restricted Account, and the Utah Geological Survey Oil, Gas, and Mining Restricted Account;
• establishes deposits of certain portions of severance tax revenues to the restricted accounts;
• makes appropriations made from the accounts nonlapsing; and
• makes technical changes.

Every vote on this bill

Bill text

SEVERANCE TAX REVENUE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David P. Hinkins
House Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses use of severance tax revenues.
Highlighted Provisions:
This bill:
▸ creates the Division of Air Quality Oil, Gas, and Mining Restricted Account,
Division of Water Quality Oil, Gas, and Mining Restricted Account, the Division of
Oil, Gas, and Mining Restricted Account, and the Utah Geological Survey Oil, Gas,
and Mining Restricted Account;
▸ establishes deposits of certain portions of severance tax revenues to the restricted
accounts;
▸ makes appropriations made from the accounts nonlapsing; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
40-6-14.5
, as last amended by Laws of Utah 2016, Chapter 420
51-9-202
, as last amended by Laws of Utah 2013, Chapter 211
51-9-301
, as last amended by Laws of Utah 2010, Chapter 219
59-5-115
, as last amended by Laws of Utah 2014, Chapter 241
59-5-116
, as last amended by Laws of Utah 2014, Chapter 241
59-5-119
, as last amended by Laws of Utah 2014, Chapter 241
59-5-215
, as last amended by Laws of Utah 2014, Chapter 241
63I-1-263
, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
of Utah 2020, Chapter 360
63I-2-263
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
63J-1-602.1
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
ENACTS:
19-2a-106
, Utah Code Annotated 1953
19-5-126
, Utah Code Annotated 1953
40-6-23
, Utah Code Annotated 1953
51-9-306
, Utah Code Annotated 1953
79-3-403
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-2a-106
 is enacted to read:
 19-2a-106.
Division of Air Quality Oil, Gas, and Mining Restricted Account.
(1) As used in this section:
(a) "Account" means the Division of Air Quality Oil, Gas, and Mining Restricted
Account created by this section.
(b) "Division" means the Division of Air Quality.
(2) (a) There is created a restricted account within the General Fund known as the
"Division of Air Quality Oil, Gas, and Mining Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 
51-9-306
;
(ii) appropriations from the Legislature; and
(iii) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from
investment of money in the account into the account.
(3) (a) Upon appropriation by the Legislature, the division shall use money from the
account to pay the costs of programs or projects administered by the division that are primarily
related to oil, gas, and mining.
(b) An appropriation provided for under this section is not intended to replace the
following that is otherwise allocated for the programs or projects described in Subsection
(3)(a):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance
with Section 
63J-1-602.1
.
Section 2. Section 
19-5-126
 is enacted to read:
 19-5-126.
Division of Water Quality Oil, Gas, and Mining Restricted Account.
(1) As used in this section:
(a) "Account" means the Division of Water Quality Oil, Gas, and Mining Restricted
Account created by this section.
(b) "Division" means the Division of Water Quality.
(2) (a) There is created a restricted account within the General Fund known as the
"Division of Water Quality Oil, Gas, and Mining Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 
51-9-306
;
(ii) appropriations of the Legislature; and
(iii) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from
investment of money in the account into the account.
(3) (a) Upon appropriation by the Legislature, the division shall use money from the
account to pay the costs of programs or projects administered by the division that are primarily
related to oil, gas, and mining.
(b) An appropriation provided for under this section is not intended to replace the
following that is otherwise allocated for the programs or projects described in Subsection
(3)(a):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance
with Section 
63J-1-602.1
.
Section 3. Section 
40-6-14.5
 is amended to read:
40-6-14.5.
Oil and Gas Conservation Account created -- Contents -- Use of
account money.
(1) There is created within the General Fund a restricted account known as the Oil and
Gas Conservation Account.
(2) The contents of the account shall consist of:
(a) revenues from the fee levied under Section 
40-6-14
, including any penalties or
interest charged for delinquent payments; and
(b) interest and earnings on account money.
(3) Account money shall be used to pay for:
(a) the administration of this chapter 
in addition to money from the Division of Oil,
Gas, and Mining Restricted Account, created in Section 
40-6-23
;
(b) the plugging and reclamation of abandoned oil or gas wells or bore, core, or
exploratory holes for which:
(i) there is no reclamation surety; or
(ii) the forfeited surety is insufficient for plugging and reclamation; and
(c) public educational programs designed to increase knowledge of mineral and
petroleum resources and industries.
(4) Priority in the use of the money shall be given to paying for the administration of
this chapter.
(5) Appropriations made in accordance with Subsections (3)(b) and (c) are nonlapsing.
(6) (a) The balance of the Oil and Gas Conservation Account at the end of a fiscal year
may not exceed 100% of the fiscal year appropriation for Subsection (3)(a) .
(b) Any excess money at the end of the fiscal year above the balance limit established
in Subsection (6)(a) shall be transferred to the General Fund.
Section 4. Section 
40-6-23
 is enacted to read:
 40-6-23.
Division of Oil, Gas, and Mining Restricted Account.
(1) As used in this section:
(a) "Account" means the Division of Oil, Gas, and Mining Restricted Account created
by this section.
(b) "Division" means the Division of Oil, Gas, and Mining.
(2) (a) There is created a restricted account within the General Fund known as the
"Division of Oil, Gas, and Mining Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 
51-9-306
;
(ii) appropriations of the Legislature; and
(iii) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from
investment of money in the account into the account.
(3) (a) Upon appropriation by the Legislature, the division shall use money from the
account to pay the costs of programs or projects administered by the division.
(b) An appropriation provided for under this section is not intended to replace the
following that is otherwise allocated for the programs or projects described in Subsection
(3)(a):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance
with Section 
63J-1-602.1
.
Section 5. Section 
51-9-202
 is amended to read:
51-9-202.
Permanent state trust fund.
(1) Until July 1, 2003, 50% of all funds of every kind that are received by the state that
are related to the settlement agreement that the state entered into with leading tobacco
manufacturers on November 23, 1998, shall be deposited into the permanent state trust fund
created by and operated under Utah Constitution Article XXII, Section 4.
(2) On and after July 1, 2003 and until July 1, 2004 20% of the funds of any kind
received by the state that are related to the settlement agreement that the state entered into with
leading tobacco manufacturers shall be deposited into the permanent state trust fund created by
and operated under Utah Constitution Article XXII, Section 4.
(3) On and after July 1, 2004 and until July 1, 2005, 30% of all funds of any kind
received by the state that are related to the settlement agreement that the state entered into with
leading tobacco manufacturers shall be deposited into the General Fund Budget Reserve
Account created in Section 
63J-1-312
.
(4) On and after July 1, 2005 and until July 1, 2007, 25% of all funds of any kind
received by the state that are related to the settlement agreement that the state entered into with
leading tobacco manufacturers shall be deposited into the permanent state trust fund created by
and operated under Utah Constitution Article XXII, Section 4.
(5) On and after July 1, 2007, 40% of all funds of every kind that are received by the
state that are related to the settlement agreement that the state entered into with leading tobacco
manufacturers on November 23, 1998, shall be deposited into the General Fund and the
remaining funds deposited as directed.
(6) Funds in the permanent state trust fund shall be deposited or invested pursuant to
Chapter 7b, Investment of Permanent State Trust Fund Money.
(7) (a) In accordance with Utah Constitution Article XXII, Section 4, the interest and
dividends earned annually from the permanent state trust fund shall be deposited in the General
Fund. There shall be transferred on an ongoing basis from the General Fund to the permanent
state trust fund created under Utah Constitution Article XXII, Section 4, an amount equal to
50% of the interest and dividends earned annually from the permanent state trust fund. The
amount transferred into the fund under this Subsection (7)(a) shall be treated as principal.
(b) Any annual interest or dividends earned from the permanent state trust fund that
remain in the General Fund after Subsection (7)(a) may be appropriated by the Legislature.
(c) Any realized or unrealized gains or losses on investments in the permanent state
trust fund shall remain in the permanent state trust fund.
(8) This section does not apply to funds deposited under Chapter 9, Part 3,
Infrastructure and Economic Diversification Investment Account and Deposit 
or Credits
 of
Certain Severance Taxes [
into Permanent State Trust Fund
] Act, into the permanent state trust
fund.
Section 6. Section 
51-9-301
 is amended to read:
Part 3. Infrastructure and Economic Diversification Investment Account and
Deposit or Credit of Certain Severance Taxes Act
51-9-301.
Title.
This part is known as the "Infrastructure and Economic Diversification Investment
Account and Deposit 
or Credit
 of Certain Severance Taxes [
into Permanent State Trust Fund
]
Act."
Section 7. Section 
51-9-306
 is enacted to read:
 51-9-306.
Deposit of certain severance tax revenue for specified state agencies.
(1) As used in this section:
(a) "Aggregate annual revenue" means the aggregate annual revenue collected in a
fiscal year from the taxes imposed under Title 59, Chapter 5, Severance Tax on Oil, Gas, and
Mining, after subtracting the amounts required to be distributed under Sections 
59-5-116
 and
59-5-119
.
(b) "Aggregate annual mining revenue" means the aggregate annual revenue collected
in a fiscal year from taxes imposed under Title 59, Chapter 5, Part 2, Mining Severance Tax.
(c) "Aggregate annual oil and gas revenue" means the aggregate annual revenue
collected in a fiscal year from the taxes imposed under Title 59, Chapter 5, Part 1, Oil and Gas
Severance Tax, after subtracting the amounts required to be distributed under Sections
59-5-116
 and 
59-5-119
.
(d) "Average aggregate annual revenue" means the three-year rolling average of the
aggregate annual revenue collected in a fiscal year from the taxes imposed under Title 59,
Chapter 5, Severance Tax on Oil, Gas, and Mining:
(i) after subtracting the amounts required to be distributed under Sections 
59-5-116
 and
59-5-119
; and
(ii) ending in the fiscal year immediately preceding a deposit required by this section.
(e) "Average aggregate annual mining revenue" means the three-year rolling average of
the aggregate annual revenue collected in a fiscal year from the taxes imposed under Title 59,
Chapter 5, Part 2, Mining Severance Tax, ending in the fiscal year immediately preceding a
deposit required by this section.
(f) "Average aggregate annual oil and gas revenue" means the three-year rolling
average of the aggregate annual revenue collected in a fiscal year from the taxes imposed under
Title 59, Chapter 5, Part 1, Oil and Gas Severance Tax:
(i) after subtracting the amounts required to be distributed under Sections 
59-5-116
 and
59-5-119
; and
(ii) ending in the fiscal year immediately preceding a deposit required by this section.
(2) After making the deposits of oil and gas severance tax revenue as required under
Sections 
59-5-116
 and 
59-5-119
 and making the credits under Section 
51-9-305
, beginning on
July 1, 2021, the State Tax Commission shall annually make the following deposits:
(a) to the Division of Air Quality Oil, Gas, and Mining Restricted Account, created in
Section 
19-2a-106
, the following average aggregate annual revenue:
(i) 2.75% of the first $50,000,000 of the average aggregate annual revenue;
(ii) 1% of the next $50,000,000 of the average aggregate annual revenue; and
(iii) .5% of the average aggregate annual revenue that exceeds $100,000,000;
(b) to the Division of Water Quality Oil, Gas, and Mining Restricted Account, created
in Section 
19-5-126
, the following average aggregate annual revenue:
(i) .4% of the first $50,000,000 of the average aggregate annual revenue;
(ii) .15% of the next $50,000,000 of the average aggregate annual revenue; and
(iii) .08% of the average aggregate annual revenue that exceeds $100,000,000;
(c) to the Division of Oil, Gas, and Mining Restricted Account, created in Section
40-6-23
, the following:
(i) (A) 11.5% of the first $50,000,000 of the average aggregate annual mining revenue;
(B) 3% of the next $50,000,000 of the average aggregate annual mining revenue; and
(C) 1% of the average aggregate annual mining revenue that exceeds $100,000,000;
and
(ii) (A) 18% of the first $50,000,000 of the average aggregate annual oil and gas
revenue;
(B) 3% of the next $50,000,000 of the average aggregate annual oil and gas revenue;
and
(C) 1% of the average aggregate annual oil and gas revenue that exceeds $100,000,000;
and
(d) to the Utah Geological Survey Oil, Gas, and Mining Restricted Account, created in
Section 
79-3-403
, the following average aggregate annual revenue:
(i) 2.5% of the first $50,000,000 of the average aggregate annual revenue;
(ii) 1% of the next $50,000,000 of the average aggregate annual revenue; and
(iii) .5% of the average aggregate annual revenue that exceeds $100,000,000.
Section 8. Section 
59-5-115
 is amended to read:
59-5-115.
Disposition of taxes collected -- Credit to General Fund.
Except as provided in Section 
51-9-305
, 
51-9-306
,
59-5-116
, or 
59-5-119
, a tax
imposed and collected under Section 
59-5-102
 shall be paid to the commission, promptly
remitted to the state treasurer, and credited to the General Fund.
Section 9. Section 
59-5-116
 is amended to read:
59-5-116.
Disposition of certain taxes collected on Ute Indian land.
(1) Except as provided in Subsection (2), there shall be deposited into the Uintah Basin
Revitalization Fund established in Section 
35A-8-1602
:
(a) for taxes imposed under this part, 33% of the taxes collected on oil, gas, or other
hydrocarbon substances produced from a well:
(i) for which production began on or before June 30, 1995; and
(ii) attributable to interests:
(A) held in trust by the United States for the Tribe and its members; or
(B) on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948);
(b) for taxes imposed under this part, 80% of taxes collected on oil, gas, or other
hydrocarbon substances produced from a well:
(i) for which production began on or after July 1, 1995; and
(ii) attributable to interests:
(A) held in trust by the United States for the Tribe and its members; or
(B) on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948); and
(c) for taxes imposed under this part, 80% of taxes collected on oil, gas, or other
hydrocarbon substances produced from a well:
(i) for which production began on or after January 1, 2001; and
(ii) attributable to interests on lands conveyed to the tribe under the Ute-Moab Land
Restoration Act, Pub. L. No. 106-398, Sec. 3303.
(2) (a) The maximum amount deposited in the Uintah Basin Revitalization Fund may
not exceed:
(i) $3,000,000 in fiscal year 2005-06;
(ii) $5,000,000 in fiscal year 2006-07;
(iii) $6,000,000 in fiscal years 2007-08 and 2008-09; and
(iv) for fiscal years beginning with fiscal year 2009-10, the amount determined by the
commission as described in Subsection (2)(b).
(b) (i) The commission shall increase or decrease the dollar amount described in
Subsection (2)(a)(iii) by a percentage equal to the percentage difference between the consumer
price index for the preceding calendar year and the consumer price index for calendar year
2008; and
(ii) after making an increase or decrease under Subsection (2)(b)(i), round the dollar
amount to the nearest whole dollar.
(c) For purposes of this Subsection (2), "consumer price index" is as described in
Section 1(f)(4), Internal Revenue Code, and defined in Section (1)(f)(5), Internal Revenue
Code.
(d) Any amounts in excess of the maximum described in Subsection (2)(a) shall be
credited as provided in Sections 
51-9-305
, 
51-9-306
,
 and 
59-5-115
.
Section 10. Section 
59-5-119
 is amended to read:
59-5-119.
Disposition of certain taxes collected on Navajo Nation land located in
Utah.
(1) Except as provided in Subsection (2), there shall be deposited into the Navajo
Revitalization Fund established in Section 
35A-8-1704
 for taxes imposed under this part
beginning on July 1, 1997:
(a) 33% of the taxes collected on oil, gas, or other hydrocarbon substances produced
from a well:
(i) for which production began on or before June 30, 1996; and
(ii) attributable to interests in Utah held in trust by the United States for the Navajo
Nation and its members; and
(b) 80% of the taxes collected on oil, gas, or other hydrocarbon substances produced
from a well:
(i) for which production began on or after July 1, 1996; and
(ii) attributable to interests in Utah held in trust by the United States for the Navajo
Nation and its members.
(2) (a) The maximum amount deposited in the Navajo Revitalization Fund may not
exceed:
(i) $2,000,000 in fiscal year 2006-07; and
(ii) $3,000,000 for fiscal years beginning with fiscal year 2007-08.
(b) Any amounts in excess of the maximum described in Subsection (2)(a) shall be
credited as provided in Sections 
51-9-305
, 
51-9-306
,
 and 
59-5-115
.
Section 11. Section 
59-5-215
 is amended to read:
59-5-215.
Disposition of taxes collected -- Credit to General Fund.
Except as provided in Section 
51-9-305
or 
51-9-306
, a tax imposed and collected under
Section 
59-5-202
 shall be paid to the commission, promptly remitted to the state treasurer, and
credited to the General Fund.
Section 12. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Subsection 
63A-1-201
(1) is repealed;
(b) Subsection 
63A-1-202
(2)(c), the language "using criteria established by the board"
is repealed;
(c) Section 
63A-1-203
 is repealed;
(d) Subsections 
63A-1-204
(1) and (2), the language "After consultation with the board,
and" is repealed; and
(e) Subsection 
63A-1-204
(1)(b), the language "using the standards provided in
Subsection 
63A-1-203
(3)(c)" is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
(11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
[
(14)
]
(17)
, Nurse Home Visiting Restricted Account is
repealed July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
[
(58)
]
(61)
, relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
[
(58)
]
(61)
, the Office of Legislative
Research and General Counsel shall, in addition to the office's authority under Subsection
36-12-12
(3), make necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
(4), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
(5), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(20) Subsection 
63J-1-602.2
(25), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(22) Subsection 
63J-4-608
(3), which creates the Federal Land Application Advisory
Committee, is repealed on July 1, 2021.
(23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-1.1
 and related provisions in
Subsections 
77-18-1
(5)(b)(iii) and (iv).".
(24) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
(26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
(27) Subsection 
63N-1-301
(4)(c), related to the Talent Ready Utah Board, is repealed
January 1, 2023.
(28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
Council, is repealed July 1, 2024.
(29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(30) Section 
63N-2-512
 is repealed July 1, 2021.
(31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(32) Subsections 
63N-3-109
(2)(e) and 
63N-3-109
(2)(f)(i) are repealed July 1, 2023.
(33) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
July 1, 2023.
(34) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2025.
(35) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2023.
(36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2023.
Section 13. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) On July 1, 2020:
(a) Subsection 
63A-1-203
(5)(a)(i) is repealed; and
(b) in Subsection 
63A-1-203
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
(2) Section 
63A-3-111
 is repealed June 30, 2021.
(3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2021.
(4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
Commission is repealed July 1, 2023.
(5) The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2022:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
(6) Subsections 
63G-6a-802
(1)(d) and 
63G-6a-802
(3)(b)(iii), regarding a procurement
relating to a vice presidential debate, are repealed January 1, 2021.
(7) In relation to the State Fair Park Committee, on January 1, 2021:
(a) Section 
63H-6-104.5
 is repealed; and
(b) Subsections 
63H-6-104
(8) and (9) are repealed.
(8) Section 
63H-7a-303
 is repealed July 1, 2024.
(9) Subsection 
63J-1-206
(3)(c), relating to coronavirus, is repealed July 1, 2021.
(10) In relation to the Employability to Careers Program Board, on July 1, 2022:
(a) Subsection 
63J-1-602.1
[
(57)
]
(62)
 is repealed;
(b) Subsection 
63J-4-301
(1)(h), related to the review of data and metrics, is repealed;
and
(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
(11) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program
Act, is repealed January 1, 2022.
(12) Sections 
63M-7-213
 and 
63M-7-213.5
 are repealed on January 1, 2023.
(13) Subsection 
63N-12-508
(3) is repealed December 31, 2021.
(14) Title 63N, Chapter 13, Part 3, Facilitating [
Public-Private
] 
Public-private
Partnerships Act, is repealed January 1, 2024.
(15) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is repealed
December 31, 2021.
Section 14. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Latino Community Support Restricted Account" created in Section 
13-1-16
.
(8) The Clean Air Support Restricted Account created in Section 
19-1-109
.
(9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-2a-106
.
(10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-5-126
.
[
(9)
] 
(11)
 The "Support for State-Owned Shooting Ranges Restricted Account" created
in Section 
23-14-13.5
.
[
(10)
] 
(12)
 Award money under the State Asset Forfeiture Grant Program, as provided
under Section 
24-4-117
.
[
(11)
] 
(13)
 Funds collected from the program fund for local health department
expenses incurred in responding to a local health emergency under Section 
26-1-38
.
[
(12)
] 
(14)
 The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
[
(13)
] 
(15)
 State funds for matching federal funds in the Children's Health Insurance
Program as provided in Section 
26-40-108
.
[
(14)
] 
(16)
 The Children with Heart Disease Support Restricted Account created in
Section 
26-58-102
.
[
(15)
] 
(17)
 The Nurse Home Visiting Restricted Account created in Section 
26-63-601
.
[
(16)
] 
(18)
 The Technology Development Restricted Account created in Section
31A-3-104
.
[
(17)
] 
(19)
 The Criminal Background Check Restricted Account created in Section
31A-3-105
.
[
(18)
] 
(20)
 The Captive Insurance Restricted Account created in Section 
31A-3-304
,
except to the extent that Section 
31A-3-304
 makes the money received under that section free
revenue.
[
(19)
] 
(21)
 The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
[
(20)
] 
(22)
 The Health Insurance Actuarial Review Restricted Account created in
Section 
31A-30-115
.
[
(21)
] 
(23)
 The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
[
(22)
] 
(24)
 The Underage Drinking Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-306
.
[
(23)
] 
(25)
 The School Readiness Restricted Account created in Section 
35A-15-203
.
[
(24)
] 
(26)
 Money received by the Utah State Office of Rehabilitation for the sale of
certain products or services, as provided in Section 
35A-13-202
.
[
(25)
] 
(27)
 The Oil and Gas Administrative Penalties Account created in Section
40-6-11
.
[
(26)
] 
(28)
 The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(29) The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
[
(27)
] 
(30)
 The Electronic Payment Fee Restricted Account created by Section
41-1a-121
 to the Motor Vehicle Division.
[
(28)
] 
(31)
 The Motor Vehicle Enforcement Division Temporary Permit Restricted
Account created by Section 
41-3-110
 to the State Tax Commission.
[
(29)
] 
(32)
 The Utah Law Enforcement Memorial Support Restricted Account created
in Section 
53-1-120
.
[
(30)
] 
(33)
 The State Disaster Recovery Restricted Account to the Division of
Emergency Management, as provided in Section 
53-2a-603
.
[
(31)
] 
(34)
 The Department of Public Safety Restricted Account to the Department of
Public Safety, as provided in Section 
53-3-106
.
[
(32)
] 
(35)
 The Utah Highway Patrol Aero Bureau Restricted Account created in
Section 
53-8-303
.
[
(33)
] 
(36)
 The DNA Specimen Restricted Account created in Section 
53-10-407
.
[
(34)
] 
(37)
 The Canine Body Armor Restricted Account created in Section 
53-16-201
.
[
(35)
] 
(38)
 The Technical Colleges Capital Projects Fund created in Section
53B-2a-118
.
[
(36)
] 
(39)
 The Higher Education Capital Projects Fund created in Section
53B-22-202
.
[
(37)
] 
(40)
 A certain portion of money collected for administrative costs under the
School Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
[
(38)
] 
(41)
 The Public Utility Regulatory Restricted Account created in Section
54-5-1.5
, subject to Subsection 
54-5-1.5
(4)(d).
[
(39)
] 
(42)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-3a-105
.
[
(40)
] 
(43)
 Certain fines collected by the Division of Occupational and Professional
Licensing for violation of unlawful or unprofessional conduct that are used for education and
enforcement purposes, as provided in Section 
58-17b-505
.
[
(41)
] 
(44)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-22-104
.
[
(42)
] 
(45)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-55-106
.
[
(43)
] 
(46)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-56-3.5
.
[
(44)
] 
(47)
 Certain fines collected by the Division of Occupational and Professional
Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
provided in Section 
58-63-103
.
[
(45)
] 
(48)
 The Relative Value Study Restricted Account created in Section 
59-9-105
.
[
(46)
] 
(49)
 The Cigarette Tax Restricted Account created in Section 
59-14-204
.
[
(47)
] 
(50)
 Funds paid to the Division of Real Estate for the cost of a criminal
background check for a mortgage loan license, as provided in Section 
61-2c-202
.
[
(48)
] 
(51)
 Funds paid to the Division of Real Estate for the cost of a criminal
background check for principal broker, associate broker, and sales agent licenses, as provided
in Section 
61-2f-204
.
[
(49)
] 
(52)
 Certain funds donated to the Department of Human Services, as provided in
Section 
62A-1-111
.
[
(50)
] 
(53)
 The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
62A-1-202
.
[
(51)
] 
(54)
 Certain funds donated to the Division of Child and Family Services, as
provided in Section 
62A-4a-110
.
[
(52)
] 
(55)
 The Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
.
[
(53)
] 
(56)
 Funds collected by the Office of Administrative Rules for publishing, as
provided in Section 
63G-3-402
.
[
(54)
] 
(57)
 The Immigration Act Restricted Account created in Section 
63G-12-103
.
[
(55)
] 
(58)
 Money received by the military installation development authority, as
provided in Section 
63H-1-504
.
[
(56)
] 
(59)
 The Computer Aided Dispatch Restricted Account created in Section
63H-7a-303
.
[
(57)
] 
(60)
 The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
[
(58)
] 
(61)
 The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
[
(59)
] 
(62)
 The Employability to Careers Program Restricted Account created in
Section 
63J-4-703
.
[
(60)
] 
(63)
 The Motion Picture Incentive Account created in Section 
63N-8-103
.
[
(61)
] 
(64)
 Certain money payable for expenses of the Pete Suazo Utah Athletic
Commission, as provided under Section 
63N-10-301
.
[
(62)
] 
(65)
 Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
[
(63)
] 
(66)
 Certain forestry and fire control funds utilized by the Division of Forestry,
Fire, and State Lands, as provided in Section 
65A-8-103
.
[
(64)
] 
(67)
 The Transportation of Veterans to Memorials Support Restricted Account
created in Section 
71-14-102
.
[
(65)
] 
(68)
 The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
[
(66)
] 
(69)
 Certain funds received by the Office of the State Engineer for well drilling
fines or bonds, as provided in Section 
73-3-25
.
[
(67)
] 
(70)
 The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
[
(68)
] 
(71)
 Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
[
(69)
] 
(72)
 Fees for certificate of admission created under Section 
78A-9-102
.
[
(70)
] 
(73)
 Funds collected for adoption document access as provided in Sections
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
[
(71)
] 
(74)
 Funds collected for indigent defense as provided in Title 78B, Chapter 22,
Part 4, Utah Indigent Defense Commission.
(75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
Section 
79-3-403
.
[
(72)
] 
(76)
 Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
State Park, Jordan River State Park, and Green River State Park, as provided under Section
79-4-403
.
[
(73)
] 
(77)
 Certain funds received by the Division of Parks and Recreation from the
sale or disposal of buffalo, as provided under Section 
79-4-1001
.
[
(74)
] 
(78)
 The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
Section 15. Section 
79-3-403
 is enacted to read:
 79-3-403.
Utah Geological Survey Oil, Gas, and Mining Restricted Account.
(1) As used in this section:
(a) "Account" means the Utah Geological Survey Oil, Gas, and Mining Restricted
Account created by this section.
(b) "Survey" means the Utah Geological Survey.
(2) (a) There is created a restricted account within the General Fund known as the
"Utah Geological Survey Oil, Gas, and Mining Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 
51-9-306
;
(ii) appropriations of the Legislature; and
(iii) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from
investment of money in the account into the account.
(3) (a) Upon appropriation by the Legislature, the survey shall use money from the
account to pay costs of programs or projects administered by the survey that are primarily
related to oil, gas, and mining.
(b) An appropriation provided for under this section is not intended to replace the
following that is otherwise allocated for the programs or projects described in Subsection
(3)(a):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance
with Section 
63J-1-602.1
.