reglab/statecodes huggingface dataset:
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 2 - Tobacco Settlement Funds and Endowment › Section 202 - Permanent state trust fund.

Effective 5/5/2021
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 Credit of Certain Severance Taxes Act, into the permanent state trust fund.
Amended by Chapter 401, 2021 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 3 - Infrastructure and Economic Diversification Investment Account and Deposit or Credit of Certain Severance Taxes Act › Section 301 - Title.

Effective 5/5/2021
51-9-301.
Title.
This part is known as the "Infrastructure and Economic Diversification Investment Account and Deposit or Credit of Certain Severance Taxes Act."
Amended by Chapter 401, 2021 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 3 - Infrastructure and Economic Diversification Investment Account and Deposit or Credit of Certain Severance Taxes Act › Section 302 - Definitions.

51-9-302.
Definitions.
As used in this part:
(1) "Infrastructure and Economic Diversification Investment Account" means the Infrastructure and Economic Diversification Investment Account created in Section 51-9-303.
(2) "Permanent state trust fund" means the permanent state trust fund created under Utah Constitution Article XXII, Section 4.
Amended by Chapter 219, 2010 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 3 - Infrastructure and Economic Diversification Investment Account and Deposit or Credit of Certain Severance Taxes Act › Section 303 - Creation of Infrastructure and Economic Diversification Investment Account.

Effective 5/10/2016
51-9-303.
Creation of Infrastructure and Economic Diversification Investment Account.
(1)
(a) There is created a restricted account within the General Fund known as the "Infrastructure and Economic Diversification Investment Account."
(b) The Infrastructure and Economic Diversification Investment Account shall consist of:
(i) all money credited to the account under Section 51-9-305;
(ii) appropriations from the Legislature; and
(iii) grants from private foundations.
(2)
(a) The state treasurer shall invest money in the account according to Title 51, Chapter 7, State Money Management Act.
(b) The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.
(3) The Legislature may appropriate money from the Infrastructure and Economic Diversification Investment Account for:
(a) infrastructure and economic diversification investment projects; and
(b) research projects that support economic and capital development within areas of the state that produced the severance tax revenues.
(4) At least 25% of the money appropriated in accordance with Subsection (3) shall be used for the following projects within areas of the state that produced the severance tax revenues:
(a) capital and infrastructure development;
(b) economic diversification investment; and
(c) research to support Subsections (4)(a) and (b).
Amended by Chapter 128, 2016 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 3 - Infrastructure and Economic Diversification Investment Account and Deposit or Credit of Certain Severance Taxes Act › Section 305 - Deposit and credit of certain severance tax revenue.

Effective 5/13/2014
51-9-305.
Deposit and credit of certain severance tax revenue.
(1) As used in this section, "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.
(2) After making the deposits of oil and gas severance tax revenue as required under Sections 59-5-116 and 59-5-119, the Division of Finance shall make the credit required under Subsection (3).
(3) Beginning on July 1, 2016, the Division of Finance shall credit to the permanent state trust fund the following aggregate annual revenue:
(a) 25% of the first $50,000,000 of aggregate annual revenue;
(b) 50% of the next $50,000,000 of aggregate annual revenue; and
(c) 75% of the aggregate annual revenue that exceeds $100,000,000.
(4) The state treasurer shall invest and separately account for the earnings on funds that are credited to the permanent state trust fund under this section.
(5)
(a) In accordance with Utah Constitution Article XXII, Section 4, the interest and dividends earned annually on revenue from severance taxes that are credited to the permanent state trust fund shall be credited to the General Fund.
(b) Interest and dividends earned on revenue from severance taxes that are credited to the General Fund pursuant to Subsection (5)(a) shall be credited to the Infrastructure and Economic Diversification Investment Account created in Section 51-9-303.
Amended by Chapter 241, 2014 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 3 - Infrastructure and Economic Diversification Investment Account and Deposit or Credit of Certain Severance Taxes Act › Section 307 - New Severance Tax Revenue Special Revenue Fund.

Effective 5/3/2023
51-9-307.
New Severance Tax Revenue Special Revenue Fund.
(1) As used in this section:
(a) "Fund" means the New Severance Tax Revenue Special Revenue Fund created in this section.
(b) "New revenue" means revenue collected above $100,000,000 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 51-9-305, 51-9-306, 59-5-116, 59-5-119, and 59-5-121.
(2) There is created a special revenue fund known as the "New Severance Tax Revenue Special Revenue Fund" that consists of:
(a) money deposited by the State Tax Commission in accordance with this section; and
(b) interest earned on the money in the fund.
(3) Beginning July 1, 2021, the State Tax Commission shall deposit into the fund 100% of new revenue until the new revenue equals or exceeds $200,000,000 in a fiscal year.
Amended by Chapter 537, 2023 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 4 - Criminal Conviction Surcharge Allocation › Section 401 - Surcharge -- Application.

Effective 9/1/2021
51-9-401.
Surcharge -- Application.
(1)
(a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by the courts.
(b) The surcharge shall be:
(i) 90% upon conviction of a:
(A) felony;
(B) class A misdemeanor;
(C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; or
(D) class B misdemeanor not classified within Title 41, Motor Vehicles, including violation of comparable county or municipal ordinances; or
(ii) 35% upon conviction of any other offense, including violation of county or municipal ordinances not subject to the 90% surcharge.
(c) The Division of Finance shall deposit into the General Fund an amount equal to the amount that the state retains under Section 80-6-304.
(2) The surcharge may not be imposed:
(a) upon nonmoving traffic violations;
(b) upon court orders when the offender is ordered to perform compensatory service work in lieu of paying a fine; and
(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of a case under Section 80-6-304.
(3)
(a) The surcharge and the exceptions under Subsections (1) and (2) apply to all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if committed by an adult.
(b) Notwithstanding Subsection (3)(a), the surcharge does not include amounts assessed or collected separately by juvenile courts for the Juvenile Restitution Account, which is independent of this part and does not affect the imposition or collection of the surcharge.
(4) The surcharge under this section shall be imposed in addition to the fine charged for a civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge imposition.
(5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be authorized and managed by this part rather than attached to particular offenses.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 4 - Criminal Conviction Surcharge Allocation › Section 402 - Division of collected money retained by state treasurer and local governmental collecting entity.

Effective 7/1/2023
51-9-402.
Division of collected money retained by state treasurer and local governmental collecting entity.
(1) The amount of the surcharge imposed under this part by courts of record shall be collected before any fine and deposited with the state treasurer.
(2) The amount of the surcharge and the amount of criminal fines, penalties, and forfeitures imposed under this part by courts not of record shall be collected concurrently.
(a) As money is collected on criminal fines, penalties, and forfeitures subject to the 90% surcharge, the money shall be divided pro rata so that the local governmental collecting entity retains 53% of the collected money and the state retains 47% of the collected money.
(b) As money is collected on criminal fines, penalties, and forfeitures subject to the 35% surcharge, the money shall be divided pro rata so that the local governmental collecting entity retains 74% of the collected money and the state retains 26% of the collected money.
(c) The court shall deposit with the state treasurer the surcharge portion of all money as it is collected.
(3) Courts of record, courts not of record, and administrative traffic proceedings shall collect financial information to determine:
(a) the total number of cases in which:
(i) a final judgment has been rendered;
(ii) surcharges and fines are paid by partial or installment payment; and
(iii) the judgment is fulfilled by an alternative method upon the court's order; and
(b) the total dollar amounts of surcharges owed to the state and fines owed to the state and county or municipality, including:
(i) waived surcharges;
(ii) uncollected surcharges; and
(iii) collected surcharges.
(4) The courts of record, courts not of record, and administrative traffic proceedings shall report all collected financial information monthly to the Administrative Office of the Courts. The collected information shall be categorized by cases subject to the 90% and 35% surcharge.
(5) The provisions of this section and Section 51-9-401 may not impact the distribution and allocation of fines and forfeitures imposed in accordance with Sections 23A-3-201, 78A-5-110, and 78A-7-120.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 4 - Criminal Conviction Surcharge Allocation › Section 408 - Children's Legal Defense Account.

Effective 9/1/2021
51-9-408.
Children's Legal Defense Account.
(1) There is created a restricted account within the General Fund known as the Children's Legal Defense Account.
(2) The purpose of the Children's Legal Defense Account is to provide for programs that protect and defend the rights, safety, and quality of life of children.
(3)
(a) The Legislature shall appropriate money from the account for the administrative and related costs of the following programs:
(i) implementing the Mandatory Educational Course on Children's Needs for Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-10.3, 30-3-11.3, and the Mediation Program - Child Custody or Parent-time;
(ii) implementing the use of guardians ad litem in accordance with Sections 78A-2-703, 78A-2-705, 78A-2-803, and 78B-3-102;
(iii) the training of attorney guardians ad litem and volunteers as provided in Section 78A-2-803;
(iv) implementing and administering the Expedited Parent-time Enforcement Program as provided in Section 30-3-38; and
(v) implementing and administering the Divorce Education for Children Program.
(b) The Children's Legal Defense Account may not be used to supplant funding for the guardian ad litem program under Section 78A-2-803.
(4) The following withheld fees shall be allocated only to the Children's Legal Defense Account and used only for the purposes provided in Subsections (3)(a)(i) through (v):
(a) the additional $10 fee withheld on every marriage license issued in the state of Utah as provided in Section 17-16-21; and
(b) a fee of $4 shall be withheld from the existing civil filing fee collected on any complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
(5) The Division of Finance shall allocate the money described in Subsection (4) from the General Fund to the Children's Legal Defense Account.
(6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of any fiscal year shall lapse into the General Fund.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 4 - Criminal Conviction Surcharge Allocation › Section 412 - Halfway house funding -- Uses.

Effective 7/1/2020
51-9-412.
Halfway house funding -- Uses.
(1) As used in this section:
(a) "Commission" means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(b) "Halfway house" means a facility that houses parolees upon release from prison or houses probationers who have violated the terms of their probation.
(c) "Law enforcement agency" means a local law enforcement agency.
(d) "Parole violator center" means a facility that houses parolees who have violated the conditions of their parole agreement.
(2) The commission shall allocate funds appropriated by the Legislature to local law enforcement agencies on a pro-rata basis determined by:
(a) the average daily number of occupied beds in a halfway house in each agency's jurisdiction for increased enforcement in areas with halfway houses;
(b) the average daily number of occupied beds in a parole violator center in each agency's jurisdiction; or
(c) both Subsections (2)(a) and (b).
(3) A law enforcement agency may use funds received under this section only for the purposes stated in this section.
(4) For each fiscal year, any law enforcement agency that receives funds from the commission under this section shall prepare, and file with the commission and the state auditor, a report in a form specified by the commission. The report shall include the following:
(a) the agency's name;
(b) the amount received;
(c) how the funds were used, including the impact on crime reduction efforts in areas with halfway houses or parole violator centers, or both; and
(d) a statement signed by both the agency's or political subdivision's executive officer or designee and by the agency's legal counsel that all funds were used for law enforcement operations related to reducing criminal activity in areas with halfway houses or parole violator centers, or both.
Amended by Chapter 230, 2020 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 6 - Forest Reserve Fund › Section 601 - Act of Congress accepted -- Funds to be apportioned.

51-9-601.
Act of Congress accepted -- Funds to be apportioned.
(1) The state renews its acceptance of the apportionment of money received from forest reserves made by the Act of May 23, 1908, 16 U.S.C. Sec. 500 et seq., and all acts amendatory thereof and supplementary thereto, and renews its acceptance of the act upon the terms and conditions set forth in the act.
(2) The apportionment money provided by the act shall be used for the benefit of the public schools and public roads of the counties containing the forest reserves.
Amended by Chapter 8, 2009 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 6 - Forest Reserve Fund › Section 602 - Creation of fund -- County Road and School Fund from Forest Reserves.

51-9-602.
Creation of fund -- County Road and School Fund from Forest Reserves.
There is established a fund known as the "County Road and School Fund from Forest Reserves," comprised of:
(1) money which shall come into the hands of the state treasurer from the United States under the Act of May 23, 1908, 16 U.S.C. Sec. 500 et seq., and all acts amendatory thereof and supplementary thereto; and
(2) money paid under the act described in Subsection (1) that:
(a) has come into the hands of the state treasurer; and
(b)
(i) the state treasurer had not apportioned to counties as of February 24, 2009; or
(ii) were apportioned to a county by the state treasurer, but were returned by the county to the state treasurer on or before June 15, 2009.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 6 - Forest Reserve Fund › Section 603 - Apportionment by the county legislative body.

51-9-603.
Apportionment by the county legislative body.
The state treasurer shall, within a reasonable time after receipt of the money:
(1) apportion money that the United States determines shall be allocated to each county for special projects for deposit in one or more of the following, as directed by the legislative body of the county:
(a) the county's general fund; or
(b) one or more special service districts, provided that each special service district receiving money:
(i) is established by the county under Title 17D, Chapter 1, Special Service District Act; and
(ii) has as part of its functions the purpose of:
(A) carrying out the Firewise Communities program;
(B) developing community wildfire protection plans; or
(C) performing emergency services on federal land such as search and rescue or firefighting; and
(2) apportion the remaining net amount of the money to each county that is entitled to receive funds as follows:
(a) 50% to the school districts of the county, according to the number of school children residing in each district that are over the age of six and under the age of 18; and
(b) 50% to the following, as directed by the county legislative body:
(i) the general fund of the county; or
(ii) one or more special service districts, provided that each special service district receiving money:
(A) is established by the county under Title 17D, Chapter 1, Special Service District Act; and
(B) has as one of its functions the purpose of constructing, improving, repairing, or maintaining public roads.
Amended by Chapter 4, 2009 Special Session 1
Amended by Chapter 4, 2009 Special Session 1
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 7 - Navajo Water Rights Negotiation Account Act › Section 702 - Navajo Water Rights Negotiation Account -- Settlement.

Effective 5/5/2021
51-9-702.
Navajo Water Rights Negotiation Account -- Settlement.
(1) As used in this section:
(a) "Conformed agreement" means an agreement required by congressional action and that the parties to the settlement agreement have agreed to enter into to complete the settlement process.
(b) "Congressional action" means the United States Congress's approval of the settlement agreement with passage of H. R. 133, Consolidated Appropriations Act, 2021, Section 1102, the Navajo-Utah Water Rights Settlement.
(c) "Settlement agreement" means the document titled "Navajo Utah Water Rights Settlement Agreement" dated December 14, 2015, and the exhibits attached to the document.
(2)
(a) There is created a restricted account within the General Fund known as the "Navajo Water Rights Negotiation Account."
(b) The restricted account shall consist of appropriations made by the Legislature.
(c) The Division of Finance shall:
(i) administer the account; and
(ii) deposit interest earned on the account into the General Fund.
(3) Subject to Subsection (4), the Legislature may appropriate money from the restricted account only to plan, design, and construct drinking water projects to serve populations located on the Navajo Nation reservation within the boundaries of Utah.
(4) Before transferring money appropriated from the account under the settlement agreement and congressional action for the purposes described in Subsection (3):
(a) the state engineer, appointed under Section 73-2-1, shall:
(i) determine whether the conformed agreement is consistent with the settlement agreement in all material respects;
(ii) if the conformed agreement is consistent with the settlement agreement in all material respects, recommend that the governor sign the conformed agreement; and
(iii) submit the state engineer's findings and recommendation under this Subsection (4)(a) in writing to the governor and the Legislative Management Committee;
(b) the governor shall sign the conformed agreement; and
(c) all parties have signed the conformed agreement.
(5) Creation of the account and appropriations into the account do not:
(a) create a state obligation to provide funding for the planning, design, or construction of drinking water projects to serve populations located on the Navajo Nation reservation within the boundaries of the state; and
(b) constitute an acknowledgment or admission by the state of any legal liability or obligation.
Amended by Chapter 412, 2021 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 8 - Opioid Litigation Settlement Restricted Account › Section 801 - Opioid Litigation Settlement Restricted Account.

Effective 5/3/2023
51-9-801.
Opioid Litigation Proceeds Restricted Account.
(1) There is created within the General Fund a restricted account known as the Opioid Litigation Proceeds Restricted Account.
(2) The account consists of:
(a) any money deposited into the account in accordance with Subsection (3);
(b) interest earned on money in the account; and
(c) money appropriated to the account by the Legislature.
(3) Notwithstanding Sections 13-2-8 and 76-10-3114, after reimbursement to the attorney general and the Department of Commerce for expenses related to the matters described in Subsection (3)(a) or (b), the following shall be deposited into the account:
(a) all money received by the attorney general or the Department of Commerce as a result of any judgment, settlement, or compromise of claims pertaining to alleged violations of law related to the manufacture, marketing, distribution, or sale of opioids from a case designated as an opioid case by the attorney general in a legal services contract; and
(b) all money received by the attorney general or the Department of Commerce as a result of any multistate judgment, settlement, or compromise of claims pertaining to alleged violations of law related to the manufacture, marketing, distribution, or sale of opioids.
(4) Subject to appropriation by the Legislature, money in the account shall be used:
(a) to address the effects of alleged violations of law related to the manufacture, marketing, distribution, or sale of opioids; or
(b) if applicable, in accordance with the terms of a settlement agreement described in Subsection (3)(a) or (b) entered into by the state.
Amended by Chapter 319, 2023 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 9 - Outdoor Adventure Infrastructure Restricted Account › Section 901 - Definitions.

Effective 5/4/2022
51-9-901.
Definitions.
As used in this part:
(1) "Account" means the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902.
(2) "Facility" means a site, location, building, structure, or other improvement to property.
(3)
(a) "Outdoor recreation infrastructure" means a public facility or public land used by the public to access outdoor recreational opportunities.
(b) "Outdoor recreation infrastructure" includes:
(i) a facility used for water sports, snow sports, backpacking, canoeing, canyoning, caving, camping, climbing, hiking, hill walking, hunting, kayaking, rafting, biking, operating a snowmobile or all-terrain vehicle, or any similar motorized or nonmotorized activity; and
(ii) a state park, golf course, sports field, playground, toboggan run, sledding hill, trail, paved pedestrian or paved nonmotorized transportation facility, park, pool, waterway, road, bridge, or similar facility.
Enacted by Chapter 77, 2022 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 9 - Funds and Accounts Act › Part 9 - Outdoor Adventure Infrastructure Restricted Account › Section 902 - Outdoor Adventure Infrastructure Restricted Account.

Effective 5/3/2023
51-9-902.
Outdoor Adventure Infrastructure Restricted Account.
(1) As used in this section, "outdoor recreation infrastructure" means:
(a) an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for recreation, regardless of whether the recreation is motorized or nonmotorized recreation;
(b) a campground or day-use recreation site;
(c) water recreation infrastructure, including a pier, dock, or boat ramp; or
(d) outdoor recreation facilities that are accessible to visitors with disabilities.
(2) There is created within the General Fund a restricted account known as the "Outdoor Adventure Infrastructure Restricted Account."
(3) The account shall consist of:
(a) money deposited into the account under Subsection 59-12-103(15); and
(b) interest and earnings on money in the account.
(4) Subject to appropriation from the Legislature, money from the account shall be used for:
(a) new construction of outdoor recreation infrastructure;
(b) upgrades of outdoor recreation infrastructure;
(c) the replacement of or structural improvements to outdoor recreation infrastructure;
(d) the acquisition of land, a right-of-way, or easement used in relationship to outdoor recreation infrastructure; or
(e) providing access from state highways, as defined in Section 72-1-102, to outdoor recreation infrastructure.
(5) For each fiscal year, beginning with fiscal year 2023-2024, the Division of Finance shall, subject to appropriation by the Legislature, distribute money from the Outdoor Adventure Infrastructure Restricted Account as follows:
(a) at least 15% to the Department of Natural Resources - Division of State Parks - Capital, to be expended using the department's existing prioritization process for capital projects in state parks described in Subsection (4);
(b) at least 22% to the Department of Natural Resources - Division of Outdoor Recreation - Capital, to be expended for competitive Recreation Restoration Infrastructure grants or Outdoor Recreational Infrastructure grants for outdoor recreation capital projects and related maintenance expenses, where maintenance expenses do not exceed 15% of the appropriation; and
(c) at least 53% to the Department of Natural Resources - Division of Outdoor Recreation - Capital, to be expended for larger outdoor recreation infrastructure projects as recommended to the Legislature by the Outdoor Adventure Commission described in Subsection (4).
(6) If the Legislature appropriates money to the Department of Transportation from the account, the Transportation Commission, created in Section 72-1-301, shall prioritize projects and determine funding levels in accordance with Subsection 72-1-303(1)(a) based on recommendations of the Department of Transportation.
Amended by Chapter 183, 2023 General Session
Amended by Chapter 471, 2023 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 10 - Navajo Trust Fund Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2015
51-10-102.
Definitions.
As used in this chapter:
(1) "Administrative expenditure" means:
(a) an expenditure for professional services;
(b) per diem and travel expenses for the board and the Diné Advisory Committee; and
(c) expense reimbursements, salaries, and benefits for the trust administrator and the trust administrator's staff.
(2) "Blue Mountain Diné" means the off-reservation Navajo community organization known as the Blue Mountain Diné.
(3) "Board" means the board of trustees created in Section 51-10-202.
(4) "Business enterprise" means a sole proprietorship, partnership, corporation, limited liability company, or other private entity organized to provide goods or services for a profit.
(5) "Diné Advisory Committee" means the committee created in Section 51-10-206.
(6) "Fund" means the Navajo Trust Fund created in Section 51-10-201.
(7) "Income" means the revenues from investments made by the state treasurer of the fund principal.
(8) "Navajos" means San Juan County, Utah, Navajos.
(9) "Office of Trust Administrator" means the office created in Section 51-10-203.
(10) "Principal" means:
(a) the balance of the fund as of July 1, 2015; and
(b) the revenue to the fund from whatever source except income.
(11) "Service provider" means any of the following that provides a good or service to Navajos:
(a) a business enterprise;
(b) a private nonprofit organization; or
(c) a government entity.
(12) "Trust administrator" means the trust administrator selected as provided in Subsection 51-10-202(2).
(13) "Utah Navajo Chapter" means one of the following chapters of the Navajo Nation:
(a) Aneth Chapter;
(b) Mexican Water Chapter;
(c) Naatsis'áán Chapter;
(d) Oljato Chapter;
(e) Dennehotso Chapter;
(f) Red Mesa Chapter; and
(g) Teec Nos Pos Chapter.
Enacted by Chapter 319, 2015 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 10 - Navajo Trust Fund Act › Part 2 - Administration of Navajo Trust Fund › Section 202 - Board of trustees of the fund -- Trust administrator.

Effective 7/1/2021
51-10-202.
Board of trustees of the fund -- Trust administrator.
(1)
(a) There is created a board of trustees of the fund composed of the following three members:
(i) the state treasurer;
(ii) the director of the Division of Finance; and
(iii) the director of the Governor's Office of Planning and Budget or the director's designee.
(b) The state treasurer is chair of the board.
(c) Three members of the board is a quorum.
(d) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(2)
(a) The board shall:
(i) contract with a person to act as trust administrator in accordance with Title 63G, Chapter 6a, Utah Procurement Code, and when not provided for by this chapter, define the trust administrator's duties; or
(ii) if unable to find a qualified person under Subsection (2)(a)(i) to act as trust administrator for a reasonable cost, hire a qualified person to act as trust administrator and, when not provided for in this chapter, define the trust administrator's duties.
(b) If the board hires a trust administrator under Subsection (2)(a)(ii), the board may hire or authorize the trust administrator to hire other persons necessary to assist the trust administrator and the board to perform the duties required by this chapter.
(3) The board shall:
(a) on behalf of the state, act as trustee of the fund and exercise the state's fiduciary responsibilities;
(b) meet at least once every other month;
(c) review and approve the policies, projections, rules, criteria, procedures, forms, standards, and performance goals established by the trust administrator;
(d) review and approve the fund budget prepared by the trust administrator;
(e) review the progress reports from programs financed by the fund;
(f) review financial records of the fund, including fund receipts, expenditures, and investments; and
(g) do any other thing necessary to perform the state's fiduciary obligations under the fund.
(4) The attorney general shall:
(a) act as legal counsel and provide legal representation to the board; and
(b) attend or direct an attorney from the attorney general's office to attend each meeting of the board.
(5) The board may consult with knowledgeable state personnel to advise the board on policy and technical matters.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 10 - Navajo Trust Fund Act › Part 2 - Administration of Navajo Trust Fund › Section 203 - Office of Trust Administrator.

Effective 7/1/2015
51-10-203.
Office of Trust Administrator.
(1) If the board hires a trust administrator under Subsection 51-10-202(2)(a)(ii), there is created an Office of Trust Administrator.
(2) The trust administrator shall administer the office.
Enacted by Chapter 319, 2015 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 10 - Navajo Trust Fund Act › Part 2 - Administration of Navajo Trust Fund › Section 205 - Expenditures from the fund.

Effective 7/1/2015
51-10-205.
Expenditures from the fund.
(1)
(a) Under the direction of the board, the trust administrator may make expenditures from the fund in accordance with Subsection 51-10-204(2)(e).
(b) The board may enter into a cost sharing agreement with one or more governmental entities if the cost sharing agreement is recommended by at least four of the Utah Navajo Chapters.
(2)
(a) Before making any expenditures from the fund to a service provider, the trust administrator shall:
(i) comply with Title 63G, Chapter 6a, Utah Procurement Code; and
(ii) review and approve the service provider's entire budget.
(b) The trust administrator may require that a service provider modify its budget or meet other conditions precedent established by the trust administrator before the service provider may receive expenditures from the fund.
(3) The trust administrator shall make an expenditure from the fund that is not an administrative expenditure by:
(a) preparing a written document that:
(i) defines specifically how the expenditure from the fund may be used;
(ii) establishes any conditions precedent to use of the expenditure; and
(iii) requires the recipient of fund money to provide the trust administrator with progress reports detailing how the money has been expended; and
(b) obtaining the signature of the recipient on that document before releasing any money from the fund.
(4) The trust administrator shall:
(a) make rules in accordance with Subsection (6) that:
(i) establish policies and criteria for expenditure of fund money; and
(ii) establish performance evaluation criteria with which to evaluate the success of expenditures from the fund after they are made;
(b) develop procedures, forms, and standards for persons seeking distribution of fund money that implement the policies and criteria established by rule;
(c) evaluate the requests for expenditures of fund money against:
(i) the policies and criteria established by rule; and
(ii) the requestor's success in meeting performance evaluation criteria and goals in any prior receipt of fund money;
(d) develop performance goals for each fund expenditure that implement the performance evaluation criteria established in rule; and
(e) monitor and evaluate each fund expenditure based upon the performance goals and performance evaluation criteria created under this Subsection (4).
(5) The trust administrator may expend fund money for per diem and expenses incurred by the Diné Advisory Committee in performance of official duties.
(6) The trust administrator shall make a rule described in Subsection (4)(a):
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) with the input and recommendation of the Diné Advisory Committee; and
(c) with the approval of the board.
Enacted by Chapter 319, 2015 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 1 - Official bonds to run to state, county, municipality, or other agency.

Effective 5/10/2016
52-1-1.
Official bonds to run to state, county, municipality, or other agency.
When the law directs that a public officer shall give a bond without prescribing to whom it shall run it shall be made, if the public officer is a state officer, to the state; if a county, precinct or district officer, to the county; if a municipal officer, to the city, town, or metro township; and if a school officer, to the board of education.
Amended by Chapter 176, 2016 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 2 - Bonds to state -- Approval and recording -- Filing of oaths.

52-1-2.
Bonds to state -- Approval and recording -- Filing of oaths.
(1) Unless otherwise provided in statute, if a state officer or an official of a state institution is required to give an official bond to the state, the state officer or executive director of the state institution shall:
(a) ensure that the bond is provided as required by statute; and
(b) keep the bond on file at the administrative office of the:
(i) state officer or the state institution; or
(ii) Division of Risk Management.
(2) A state official shall file the state official's oath of office with the Division of Archives and Records Service created under Section 63A-12-101.
Repealed and Re-enacted by Chapter 336, 2011 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 3 - County, precinct and district officers -- Where filed.

52-1-3.
County, precinct and district officers -- Where filed.
Official oaths and bonds of county, precinct and district officers shall be filed with the county clerk, except those of the county clerk which shall be filed with the county treasurer.
No Change Since 1953
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 6 - School district officers -- Where filed.

52-1-6.
School district officers -- Where filed.
Official oaths and bonds of school district officers shall be filed with the clerk of the board of education, except those of the clerk which shall be filed with the treasurer of the board of education.
No Change Since 1953
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 7 - Bonds to be deemed security.

52-1-7.
Bonds to be deemed security.
The official bond of a public officer shall be deemed a security to the state, county, city, town, school district or other municipal or public corporation, as the case may be, and also to all persons severally, for official delinquencies against which it is intended to provide.
No Change Since 1953
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 8 - Official bonds -- Actions on -- Parties.

52-1-8.
Official bonds -- Actions on -- Parties.
When a public officer by official misconduct or neglect of duty shall forfeit his official bond or render his sureties liable thereon, any person injured by such misconduct or neglect, or who is by law entitled to the benefit of the security, may maintain an action thereon in his own name against the officer and his sureties to recover the amount to which he may by reason thereof be entitled.
No Change Since 1953
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 9 - Successive actions on official bonds.

52-1-9.
Successive actions on official bonds.
A judgment in favor of a party for one delinquency does not preclude the same or another party from suing on the same security for another delinquency, but sureties can be made liable in the aggregate only to the extent of their undertaking.
No Change Since 1953
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 10 - Duties imposed by subsequent laws covered by bond -- Informalities in bond not to affect validity.

52-1-10.
Duties imposed by subsequent laws covered by bond -- Informalities in bond not to affect validity.
The bonds of all civil officers shall cover duties required by laws passed subsequent to giving them. No bond shall be void for failure to comply with the law as to matters of form, but it shall be valid as to all matters contained therein, if it complies substantially with the law.
No Change Since 1953
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 11 - Bonds to cover special penalties and liabilities.

52-1-11.
Bonds to cover special penalties and liabilities.
Whenever, except in criminal prosecutions, any special penalty, forfeiture or liability is imposed upon any officer for nonperformance or malperformance of his official duties, the liability therefor attaches to the official bond of such officer.
No Change Since 1953
2023 Utah Code › Title 52 - Public Officers › Chapter 1 - Official Oaths and Bonds › Section 13 - Sureties -- Approval -- Personal surety bond -- Requirements.

52-1-13.
Sureties -- Approval -- Personal surety bond -- Requirements.
(1) In all cases where a bond is required of any public officer in this state, either a corporate surety bond or a personal surety bond may be given. The bonds shall be subject to approval as provided by law. A personal surety bond may not be approved except with two or more sureties.
(2) Each surety shall first make and file an affidavit declaring that the individual is a resident of the state of Utah and is worth the sum specified in the undertaking, over and above all of the individual's debts and liabilities and exclusive of property exempt from execution. The individual shall include in the affidavit a detailed statement of all of the individual's assets and liabilities.
(3) Any person who makes a material false statement with respect to Subsection (2) is guilty of a third degree felony.
(4) If there are more than two sureties, they may express in their affidavits that they are worth amounts less than that expressed in the bond if the whole amount of all sureties is equivalent to double the penalty of the bond.
(5) No premium on any surety bond with personal sureties may be paid from any public funds.
(6) The several boards, courts, or officers authorized by law to approve surety bonds may require sureties on personal surety bonds to justify annually. In the case of failure to justify, the boards or officers may require additional sureties or a new bond. In case of failure of any public officer to have the public officer's sureties justify when required or to furnish additional sureties when required, the board or officer charged with the duty of approving the bond of the officer shall declare the office vacant within 60 days after notice personally served upon the officer. At the expiration of the 60-day period, the office shall become vacant unless the sureties justify or additional qualified sureties are furnished within the period.
Amended by Chapter 121, 2013 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 2 - Failure to Qualify for Office › Section 1 - Time in which to qualify -- Failure -- Office declared vacant.

52-2-1.
Time in which to qualify -- Failure -- Office declared vacant.
(1) When any person duly elected or appointed to any office of the state or any of its political subdivisions, fails to qualify for the office within 60 days after the date of the beginning of the term of office for which the person was elected or appointed, the office is vacant and shall be filled as provided by law.
(2) When a required bond of any officer of the state or of any of its political subdivisions is canceled, revoked, annulled or otherwise becomes void or of no effect, without another proper required bond being given so that continuance of the required bonded protection is afforded, the office of the officer is vacant and shall be filled as provided by law.
Amended by Chapter 336, 2011 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 3 - Prohibiting Employment of Relatives › Section 2 - Each day of violation a separate offense.

Effective 5/8/2018
52-3-2.
Each day of violation a separate offense.
Each day a relative or household member remains unlawfully in office in violation of this chapter is a separate offense.
Amended by Chapter 118, 2018 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 3 - Prohibiting Employment of Relatives › Section 4 - Exceptions in towns and rural areas.

52-3-4.
Exceptions in towns and rural areas.
(1) In a town, as defined in Section 10-1-104, this chapter shall not apply to the employment of uncles, aunts, nephews, nieces, or cousins.
(2) This chapter shall not apply to the employment of a relative if:
(a) fewer than 3,000 people live within 40 miles of the primary place of employment, measured over all weather public roads;
(b) the job opening has had reasonable public notice; and
(c) the relative is the best qualified candidate for the position.
(3) In any proceeding challenging the hiring of a relative under the exception in Subsection (2), the employer has the burden of establishing each of the criteria provided in Subsections (2)(a) through (c).
Amended by Chapter 13, 1998 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 1 - General Provisions › Section 102 - Declaration of public policy.

52-4-102.
Declaration of public policy.
(1) The Legislature finds and declares that the state, its agencies and political subdivisions, exist to aid in the conduct of the people's business.
(2) It is the intent of the Legislature that the state, its agencies, and its political subdivisions:
(a) take their actions openly; and
(b) conduct their deliberations openly.
Renumbered and Amended by Chapter 14, 2006 General Session