Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 418 First Substitute (2023GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals the Canine Body Armor Restricted Account; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CANINE BODY ARMOR RESTRICTED ACCOUNT
MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill repeals the Canine Body Armor Restricted Account.
Highlighted Provisions:
This bill:
▸ repeals the Canine Body Armor Restricted Account; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-65
, as last amended by Laws of Utah 2014, Chapters 28, 424
17-50-336
, as enacted by Laws of Utah 2014, Chapter 28
59-10-1304
, as last amended by Laws of Utah 2020, Chapter 311
62A-5b-104
, as last amended by Laws of Utah 2019, Chapter 190
63J-1-602.1
, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
and 451
REPEALS:
53-16-101
, as enacted by Laws of Utah 2011, Chapter 294
53-16-102
, as enacted by Laws of Utah 2011, Chapter 294
53-16-201
, as enacted by Laws of Utah 2011, Chapter 294
53-16-301
, as enacted by Laws of Utah 2011, Chapter 294
53-16-302
, as enacted by Laws of Utah 2011, Chapter 294
59-10-1315
, as enacted by Laws of Utah 2011, Chapter 294
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-65
 is amended to read:
10-8-65.
Regulation of dogs -- Service animals permitted.
(1) Subject to Section 
18-2-101
, a municipality may:
(a) license, tax, regulate, or prohibit the keeping of dogs; and
(b) authorize the destruction, sale, or other disposal of a dog if the dog is at large
contrary to ordinance.
(2) (a) As used in this Subsection (2):
(i) "Retired service animal" means a dog that:
(A) at one time was a service animal for the current owner; and
(B) no longer provides service animal services for the owner because of the dog's age
or other factors limiting the dog's service capability.
(ii) "Service animal" means a [
police service canine, as defined in Section 
53-16-102
]
dog that:
(A) is used by a law enforcement agency;
(B) is specially trained or is in training for law enforcement work; and
(C) assists a law enforcement agency in the performance of law enforcement duties
.
(b) If a municipality adopts a limit as to the number of dogs a person may keep, the
municipality shall allow a person to keep a service animal, a retired service animal, or both in
addition to that limit.
Section 2. Section 
17-50-336
 is amended to read:
17-50-336.
Service animals permitted.
(1) As used in this section:
(a) "Retired service animal" means a dog that:
(i) at one time was a service animal for the current owner; and
(ii) no longer provides service animal services to the owner because of the dog's age or
other factors limiting the dog's service capability.
(b) "Service animal" means [
a police service canine, as defined in Section 
53-16-102
]
the same as that term is defined in Section 
18-8-65
.
(2) If a county adopts a limit as to the number of dogs a person may keep, the county
shall allow a person to keep a service animal, a retired service animal, or both in addition to
that limit.
Section 3. Section 
59-10-1304
 is amended to read:
59-10-1304.
Removal of designation and prohibitions on collection for certain
contributions on income tax return -- Conditions for removal and prohibitions on
collection -- Commission publication requirements.
(1) (a) If a contribution or combination of contributions described in Subsection (1)(b)
generate less than $30,000 per year for three consecutive years, the commission shall remove
the designation for the contribution from the individual income tax return and may not collect
the contribution from a resident or nonresident individual beginning two taxable years after the
three-year period for which the contribution generates less than $30,000 per year.
(b) The following contributions apply to Subsection (1)(a):
(i) the contribution provided for in Section 
59-10-1306
;
(ii) the sum of the contributions provided for in Subsection 
59-10-1307
(1);
(iii) the contribution provided for in Section 
59-10-1308
;
[
(iv) the contribution provided for in Section 
59-10-1315
;
]
[
(v)
] 
(iv)
 the contribution provided for in Section 
59-10-1318
;
[
(vi)
] 
(v)
 the contribution provided for in Section 
59-10-1319
; or
[
(vii)
] 
(vi)
 the contribution provided for in Section 
59-10-1320
.
(2) If the commission removes the designation for a contribution under Subsection (1),
the commission shall report to the Revenue and Taxation Interim Committee by electronic
means that the commission removed the designation on or before the November interim
meeting of the year in which the commission determines to remove the designation.
(3) (a) Within a 30-day period after making the report required by Subsection (2), the
commission shall publish a list in accordance with Subsection (3)(b) stating each contribution
that the commission will remove from the individual income tax return.
(b) The list shall:
(i) be published on:
(A) the commission's website; and
(B) the public legal notice website in accordance with Section 
45-1-101
;
(ii) include a statement that the commission:
(A) is required to remove the contribution from the individual income tax return; and
(B) may not collect the contribution;
(iii) state the taxable year for which the removal described in Subsection (3)(a) takes
effect; and
(iv) remain available for viewing and searching until the commission publishes a new
list in accordance with this Subsection (3).
Section 4. Section 
62A-5b-104
 is amended to read:
62A-5b-104.
Right to be accompanied by service animal or support animal --
Security deposits -- Discrimination -- Liability.
(1) (a) An individual with a disability has the right to be accompanied by a service
animal, unless the service animal is a danger or nuisance to others as interpreted under the
Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
(i) in any of the places specified in Section 
62A-5b-103
; and
(ii) without additional charge for the service animal.
(b) An owner or lessor of private housing accommodations:
(i) may not, in any manner, discriminate against an individual with a disability on the
basis of the individual's possession of a service animal or a support animal, including by
charging an extra fee or deposit for a service animal or a support animal; and
(ii) may recover a reasonable cost to repair damage caused by a service animal or a
support animal.
(2) An individual who is not an individual with a disability has the right to be
accompanied by an animal that is in training to become a service animal [
or a police service
canine
], as defined in Section [
53-16-102
] 
10-8-65
:
(a) in any of the places specified in Section 
62A-5b-103
; and
(b) without additional charge for the animal.
(3) An individual described in Subsection (1) or (2) is liable for any loss or damage the
individual's accompanying service animal, support animal, or animal described in Subsection
(2) causes or inflicts to the premises of a place specified in Section 
62A-5b-103
.
(4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a
service animal or a support animal from a place described in Section 
62A-5b-103
.
Section 5. 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
.
(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(12) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(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
.
(14) The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
(15) State funds for matching federal funds in the Children's Health Insurance Program
as provided in Section 
26-40-108
.
(16) The Children with Heart Disease Support Restricted Account created in Section
26-58-102
.
(17) The Technology Development Restricted Account created in Section 
31A-3-104
.
(18) The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(19) 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.
(20) The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(21) The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(22) The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(23) The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section 
32B-2-306
.
(24) The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
(25) The School Readiness Restricted Account created in Section 
35A-15-203
.
(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
.
(27) The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(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
.
(30) The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to
the Motor Vehicle Division.
(31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section 
41-3-110
 to the State Tax Commission.
(32) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(33) The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section 
53-2a-603
.
(34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
53-2a-1302
.
(35) The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section 
53-3-106
.
(36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(37) The DNA Specimen Restricted Account created in Section 
53-10-407
.
[
(38) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
]
[
(39)
] 
(38)
 The Technical Colleges Capital Projects Fund created in Section
53B-2a-118
.
[
(40)
] 
(39)
 The Higher Education Capital Projects Fund created in Section
53B-22-202
.
[
(41)
] 
(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
.
[
(42)
] 
(41)
 The Public Utility Regulatory Restricted Account created in Section
54-5-1.5
, subject to Subsection 
54-5-1.5
(4)(d).
[
(43)
] 
(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
.
[
(44)
] 
(43)
 Certain fines collected by the Division of Professional Licensing for
violation of unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section 
58-17b-505
.
[
(45)
] 
(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
.
[
(46)
] 
(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
.
[
(47)
] 
(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
.
[
(48)
] 
(47)
 Certain fines collected by the Division of Professional Licensing for use in
education and enforcement of the Security Personnel Licensing Act, as provided in Section
58-63-103
.
[
(49)
] 
(48)
 The Relative Value Study Restricted Account created in Section 
59-9-105
.
[
(50)
] 
(49)
 The Cigarette Tax Restricted Account created in Section 
59-14-204
.
[
(51)
] 
(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
.
[
(52)
] 
(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
.
[
(53)
] 
(52)
 Certain funds donated to the Department of Health and Human Services, as
provided in Section 
26B-1-202
.
[
(54)
] 
(53)
 The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
26B-1-302
.
[
(55)
] 
(54)
 Certain funds donated to the Division of Child and Family Services, as
provided in Section 
80-2-404
.
[
(56)
] 
(55)
 The Choose Life Adoption Support Restricted Account created in Section
80-2-502
.
[
(57)
] 
(56)
 Funds collected by the Office of Administrative Rules for publishing, as
provided in Section 
63G-3-402
.
[
(58)
] 
(57)
 The Immigration Act Restricted Account created in Section 
63G-12-103
.
[
(59)
] 
(58)
 Money received by the military installation development authority, as
provided in Section 
63H-1-504
.
[
(60)
] 
(59)
 The Computer Aided Dispatch Restricted Account created in Section
63H-7a-303
.
[
(61)
] 
(60)
 The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
[
(62)
] 
(61)
 The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
[
(63)
] 
(62)
 The Utah Capital Investment Restricted Account created in Section
63N-6-204
.
[
(64)
] 
(63)
 The Motion Picture Incentive Account created in Section 
63N-8-103
.
[
(65)
] 
(64)
 Certain money payable for expenses of the Pete Suazo Utah Athletic
Commission, as provided under [
Section 
63N-10-301
] 
Title 9, Chapter 23, Pete Suazo Utah
Athletic Commission Act
.
[
(66)
] 
(65)
 Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
[
(67)
] 
(66)
 Certain forestry and fire control funds utilized by the Division of Forestry,
Fire, and State Lands, as provided in Section 
65A-8-103
.
[
(68)
] 
(67)
 The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
[
(69)
] 
(68)
 Certain funds received by the Office of the State Engineer for well drilling
fines or bonds, as provided in Section 
73-3-25
.
[
(70)
] 
(69)
 The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
[
(71)
] 
(70)
 Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
[
(72)
] 
(71)
 Fees for certificate of admission created under Section 
78A-9-102
.
[
(73)
] 
(72)
 Funds collected for adoption document access as provided in Sections
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
[
(74)
] 
(73)
 Funds collected for indigent defense as provided in Title 78B, Chapter 22,
Part 4, Utah Indigent Defense Commission.
[
(75)
] 
(74)
 The Utah Geological Survey Oil, Gas, and Mining Restricted Account
created in Section 
79-3-403
.
[
(76)
] 
(75)
 Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
State Park, and Green River State Park, as provided under Section 
79-4-403
.
[
(77)
] 
(76)
 Funds donated as described in Section 
41-1a-422
 for the State Park Fees
Restricted Account created in Section 
79-4-402
 for support of the Division of State Parks' dark
sky initiative.
[
(78)
] 
(77)
 Certain funds received by the Division of State Parks from the sale or
disposal of buffalo, as provided under Section 
79-4-1001
.
Section 6. 
Repealer.
This bill repeals:
Section 
53-16-101
,
Title.
Section 
53-16-102
,
Definitions.
Section 
53-16-201
,
Canine Body Armor Restricted Account -- Creation -- Interest.
Section 
53-16-301
,
Commissioner to distribute amounts deposited into Canine
Body Armor Restricted Account -- Procedures for distribution.
Section 
53-16-302
,
Department rulemaking authority.
Section 
59-10-1315
,
Contribution to Canine Body Armor Restricted Account.