Money Appropriated in this Bill:

None Other Special Clauses:

None Utah Code Sections Affected:

AMENDS:

9-8a-205, as renumbered and amended by Laws of Utah 2023, Chapter 160 23A-10-101, as renumbered and amended by Laws of Utah 2023, Chapter 103 23A-10-201, as last amended by Laws of Utah 2023, Chapter 244 and renumbered and amended by Laws of Utah 2023, Chapter 103 23A-10-202, as renumbered and amended by Laws of Utah 2023, Chapter 103 23A-10-301, as renumbered and amended by Laws of Utah 2023, Chapter 103 23A-10-302, as last amended by Laws of Utah 2024, Chapter 80 23A-10-303, as renumbered and amended by Laws of Utah 2023, Chapter 103 23A-10-304, as last amended by Laws of Utah 2023, Chapter 244 and renumbered and amended by Laws of Utah 2023, Chapter 103 23A-10-401, as renumbered and amended by Laws of Utah 2023, Chapter 103 - 2 - Enrolled Copy H.B.

125 23A-10-501, as renumbered and amended by Laws of Utah 2023, Chapter 103 63A-17-502, as last amended by Laws of Utah 2024, Chapter 151 63J-1-602.1, as last amended by Laws of Utah 2025, First Special Session, Chapter 9 73-2-11, as last amended by Laws of Utah 2024, Chapter 365 73-3-8, as last amended by Laws of Utah 2024, Chapter 233 73-3-30, as last amended by Laws of Utah 2023, Chapters 34, 253 73-10-34, as last amended by Laws of Utah 2025, Chapter 102 73-10-36, as last amended by Laws of Utah 2025, First Special Session, Chapter 15 73-18-10, as last amended by Laws of Utah 2025, Chapter 302 79-2-406, as last amended by Laws of Utah 2024, Chapter 88 79-2-702, as enacted by Laws of Utah 2024, Chapter 80 79-3-202, as last amended by Laws of Utah 2025, First Special Session, Chapter 15 79-3-302, as last amended by Laws of Utah 2025, Chapter 57 79-4-402, as last amended by Laws of Utah 2025, Chapters 77, 153 79-4-1001, as last amended by Laws of Utah 2025, Chapter 153 ENACTS:

23A-10-306, Utah Code Annotated 1953 73-1-22, Utah Code Annotated 1953 REPEALS:

73-18-25.3, as enacted by Laws of Utah 2023, Chapter 244 79-2-604, as enacted by Laws of Utah 2022, Chapter 51 79-6-501, as renumbered and amended by Laws of Utah 2021, Chapter 280 79-6-502, as renumbered and amended by Laws of Utah 2021, Chapter 280 79-6-503, as last amended by Laws of Utah 2021, Chapter 64 and renumbered and amended by Laws of Utah 2021, Chapter 280 79-6-504, as renumbered and amended by Laws of Utah 2021, Chapter 280 79-6-505, as last amended by Laws of Utah 2022, Chapter 68 Be it enacted by the Legislature of the state of Utah:

Section 1.

Section 9-8a-205 is amended to read:

9-8a-205 .

Cultural Site Stewardship Program -- Definitions -- Creation -- Objectives -- Administration -- Activities.

(1) As used in this section:

(a)(i) "Cultural site" means a significant archaeological or paleontological site in the - 3 - H.B.

125 Enrolled Copy state as determined by the office.

(ii) "Cultural site" may include a:

(A) site as defined in Section 9-8a-302;

and (B) site as defined in Section 79-3-102.

(b) "Stewardship program" means the Cultural Site Stewardship Program created in this section.

(c) "Vandalism" means to damage, destroy, or commit any other act that defaces or harms a cultural site without the consent of the owner or appropriate governmental agency, including inscribing, marking, etching, scratching, drawing, painting on, or affixing to the cultural resource a mark, figure, or design.

(2) There is created within the office the Cultural Site Stewardship Program.

(3) The office shall seek to accomplish the following objectives through administration of the stewardship program:

(a) protect cultural sites located in the state;

(b) increase public awareness of the significance and value of cultural sites and the damage done to cultural sites by vandalism;

(c) discourage vandalism and the unlawful sale and trade of archaeological artifacts and paleontological artifacts;

(d) support and encourage improved standards for investigating and researching cultural sites in the state;

(e) promote cooperation among governmental agencies, private landowners, Native American tribes, industry groups, and interested persons to protect cultural sites;

and (f) increase the inventory of cultural sites maintained in accordance with Subsections 9-8a-304(2)(b) and [79-3-202(1)(m)] 79-3-202(1)(p).

(4) The office shall:

(a) maintain a position to oversee the operation of the stewardship program;

and (b) provide administrative services to the stewardship program.

(5) The office shall select, train, and certify volunteers to participate in the stewardship program, based on rules made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(6) To accomplish the stewardship program's objectives, the office shall:

(a) enter into agreements with the entities described in Subsection (3)(e) to promote the protection of cultural sites;

(b) establish a list of cultural sites suitable for monitoring, in cooperation with the - 4 - Enrolled Copy H.B.

125 entities described in Subsection (3)(e);

(c) schedule periodic monitoring activities by volunteers of each cultural site included on the list described in Subsection (6)(b), after obtaining approval of the landowner or manager;

(d) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for reporting vandalism of a cultural site to the appropriate authority;

and (e) establish programs for educating members of the public about the significance and value of cultural sites and the loss to members of the public resulting from vandalism of cultural sites.

(7) The office shall coordinate the activities of governmental agencies, private landowners, and Native American tribes, as necessary, to carry out the stewardship program.

(8) A volunteer participating in the stewardship program may not receive compensation, benefits, per diem allowance, or travel expenses for the volunteer's service.

(9) The office may accept gifts, grants, donations, or contributions from any source to assist the division in the administration of the stewardship program.

(10) Nothing in this section may be construed to alter or affect the office's duties under Section 9-8a-404.

Section 2.

Section 23A-10-101 is amended to read:

23A-10-101 .

Definitions.

As used in this chapter:

(1) "Boat livery" means the same as that term is defined in Section 73-18-2.

(2)(a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain [a Dreissena] an invasive mussel.

(b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a container, a trailer, a live well, or a bilge area.

[(2)] (3) "Decontaminate" means to:

(a) drain and dry non-treated water;

[and] or (b) chemically or thermally treat in accordance with rule.

(4) "Division," notwithstanding Section 23A-1-101, means the Division of Law Enforcement within the department.

[(3)] (5) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage or at death, including a zebra mussel, a quagga mussel, and Conrad's false mussel.

[(4)] (6) "Equipment" means an article, tool, implement, or device capable of carrying or - 5 - H.B.

125 Enrolled Copy containing:

(a) water;

or (b) [a Dreissena] an invasive mussel.

[(5)] (7) "Facility" means a structure that is located within or adjacent to a water body.

[(6)] (8) "Infested water" means a geographic region, water body, facility, or water supply system within or outside the state that the Wildlife Board identifies in rule as carrying or containing [a Dreissena] an invasive mussel.

(9) "Inflatable motorboat" means a motorboat that is inflated before the motorboat is used or capable of being used as a means of transportation on water.

(10) "Invasive mussel" means a Dreissena mussel or Limnoperna mussel.

(11) "Limnoperna mussel" means a mussel of the genus Limnoperna at any life stage or at death, including a golden mussel.

(12) "Motorboat" means the same as that term is defined in Section 73-18-2.

(13) "Nonmotorized vessel" means a vessel that is propelled on water solely by human power.

[(7)] (14) "Vessel" means the same as that term is defined in Section 73-18-2.

[(8)] (15) "Water body" means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, [and] or fountain.

[(9)] (16)(a) "Water supply system" means a system that treats, conveys, or distributes water for irrigation, industrial, waste water treatment, or culinary use.

(b) "Water supply system" includes a pump, canal, ditch, or pipeline.

(c) "Water supply system" does not include a water body.

Section 3.

Section 23A-10-201 is amended to read:

23A-10-201 .

Invasive species prohibited -- Administrative inspection authorized.

(1) Except as authorized in this title or a Wildlife Board rule or order or unless exempt under Subsection (7), a person may not:

(a) possess, import, export, ship, or transport [a Dreissena] an invasive mussel;

(b) release, place, plant, or cause to be released, placed, or planted [a Dreissena] an invasive mussel in a water body, facility, or water supply system;

(c) transport a conveyance or equipment that has been in an infested water within the previous 30 days without decontaminating the conveyance or equipment;

or (d) unless exempt under Subsection 23A-10-304(3), if an owner of a vessel, launch or operate [a] the vessel on the waters of the state without first:

(i) paying an aquatic invasive species fee required by Subsection 23A-10-304(1) or - 6 - Enrolled Copy H.B.

125 (2);

and (ii) displaying an aquatic invasive species decal in accordance with Subsection (6).

(2) Except as provided in Subsection (3), a person who violates Subsection (1):

(a) is strictly liable;

(b) is guilty of an infraction;

and (c) shall reimburse the state for the costs associated with detaining, quarantining, and decontaminating the conveyance or equipment.

(3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class A misdemeanor.

(4) A person may not proceed past or travel through an inspection station or administrative checkpoint, as described in Section 23A-10-301, while transporting a conveyance during an inspection station's or administrative checkpoint's hours of operations without presenting the conveyance for inspection.

(5) A person who violates Subsection (4) is guilty of a class B misdemeanor.

(6)(a)(i) The division shall provide a resident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(1)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.

(ii) The division shall provide a nonresident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(2)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.

(b) A person shall display the aquatic invasive species decal obtained under this Subsection (6) on the bow of the vessel's port side six inches aft of the vessel's registration decal.

(7) A person renting or leasing a conveyance from a boat livery is subject to the requirements of this section except that the person is exempt from:

(a) paying an aquatic invasive species fee required under Subsection 23A-10-304(1) or (2);

(b) displaying an aquatic invasive species decal in accordance with Subsection (6);

or (c) decontaminating a conveyance if the owner of the boat livery is required to decontaminate the conveyance under this section or Section 23A-10-306.

Section 4.

Section 23A-10-202 is amended to read:

23A-10-202 .

Reporting of invasive species required.

- 7 - H.B.

125 Enrolled Copy (1) A person who discovers [a Dreissena] an invasive mussel within this state or has reason to believe [a Dreissena] an invasive mussel may exist at a specific location shall immediately report the discovery to the division.

(2) A person who violates Subsection (1) is guilty of a class A misdemeanor.

Section 5.

Section 23A-10-301 is amended to read:

23A-10-301 .

Division's power to prevent invasive species infestation.

To eradicate and prevent the infestation of [a Dreissena] an invasive mussel, the division may:

(1)(a) establish inspection stations located at or along:

(i) [highways] a highway, as defined in Section 72-1-102;

(ii) [ports] a port of entry, if the Department of Transportation authorizes the division to use the port of entry;

and (iii) a publicly accessible:

(A) boat [ramps;

and] ramp;

or (B) conveyance launch [sites] site;

and (b) temporarily stop, detain, and inspect a conveyance or equipment that:

(i) the division reasonably believes is in violation of Section 23A-10-201;

(ii) the division reasonably believes is in violation of Section 23A-10-305;

(iii) is stopped at an inspection station;

or (iv) is stopped at an administrative checkpoint;

(2) conduct an administrative checkpoint in accordance with Section 77-23-104;

(3) detain and quarantine a conveyance or equipment as provided in Section 23A-10-302;

(4) order a person to decontaminate a conveyance or equipment;

and (5) in coordination with the Division of Wildlife Resources that conducts biological sampling, inspect the following that may contain [a Dreissena] an invasive mussel:

(a) a water body;

(b) a facility;

and (c) a water supply system.

Section 6.

Section 23A-10-302 is amended to read:

23A-10-302 .

Conveyance or equipment detainment or quarantine.

(1) The division, a port-of-entry agent, a natural resources officer, or a peace officer may detain or quarantine a conveyance or equipment if:

(a) the division, agent, natural resources officer, or peace officer:

(i) finds the conveyance or equipment contains [a Dreissena] an invasive mussel;

or - 8 - Enrolled Copy H.B.

125 (ii) reasonably believes that the person transporting the conveyance or equipment is in violation of Section 23A-10-201;

or (b) the person transporting the conveyance or equipment refuses to submit to an inspection authorized by Section 23A-10-301.

(2) The detainment or quarantine authorized by Subsection (1) may continue for:

(a) up to five days;

or (b) the period of time necessary to:

(i) decontaminate the conveyance or equipment;

and (ii) ensure that [a Dreissena] an invasive mussel is not living on or in the conveyance or equipment.

Section 7.

Section 23A-10-303 is amended to read:

23A-10-303 .

Closing a water body, facility, or water supply system.

(1) Except as provided by Subsection (6), if the [division] Division of Wildlife Resources detects or suspects [a Dreissena] an invasive mussel is present in a water body, a facility, or a water supply system, the director or the director's designee may, with the concurrence of the executive director, order:

(a) the water body, facility, or water supply system closed to a conveyance or equipment;

(b) restricted access by a conveyance or equipment to a water body, facility, or water supply system;

or (c) a conveyance or equipment that is removed from or introduced to the water body, facility, or water supply system to be inspected, quarantined, or decontaminated in a manner and for a duration necessary to detect and prevent the infestation of [a Dreissena] an invasive mussel.

(2) If a closure authorized by Subsection (1) lasts longer than seven days, the [division] Division of Wildlife Resources shall:

(a) provide a written update to the operator of the water body, facility, or water supply system every 10 days on the [division's] Division of Wildlife Resources' effort to address the [Dreissena] invasive mussel infestation;

and (b) post the update on the [division's] Division of Wildlife Resources' website.

(3)(a) The Wildlife Board shall develop procedures to ensure proper notification of a state, federal, or local agency that is affected by [a Dreissena] an invasive mussel infestation.

(b) The notification shall include:

(i) the reasons for the closure, quarantine, or restriction;

and - 9 - H.B.

125 Enrolled Copy (ii) methods for providing updated information to the agency.

(4) When deciding the scope, duration, level, and type of restriction or a quarantine or closure location, the director shall consult with the person with the jurisdiction, control, or management responsibility over the water body, facility, or water supply system to avoid or minimize disruption of economic and recreational activity.

(5)(a) A person that operates a water supply system shall cooperate with the [division] Division of Wildlife Resources to implement a measure to:

(i) avoid infestation by [a Dreissena] an invasive mussel;

and (ii) control or eradicate [a Dreissena] an invasive mussel infestation that may occur in a water supply system.

(b)(i) If [a Dreissena] an invasive mussel is detected, the water supply system's operator, in cooperation with the [division] Division of Wildlife Resources, shall prepare and implement a plan to control or eradicate [a Dreissena] an invasive mussel within the water supply system.

(ii) A plan required by Subsection (5)(b)(i) shall include a:

(A) method for determining the scope and extent of the infestation;

(B) method to control or eradicate the [Dreissena] invasive mussel;

(C) method to decontaminate the water supply system containing the [Dreissena] invasive mussel;

(D) systematic monitoring program to determine a change in the infestation;

and (E) requirement to update or revise the plan in conformity with a scientific advance in the method of controlling or eradicating [a Dreissena] an invasive mussel.

(6)(a) The [division] Division of Wildlife Resources may not close or quarantine a water supply system if the operator has prepared and implemented a plan to control or eradicate [a Dreissena] an invasive mussel in accordance with Subsection (5).

(b)(i) The [division] Division of Wildlife Resources may require the operator to update a plan.

(ii) If the operator fails to update or revise a plan, the [division] Division of Wildlife Resources may close or quarantine the water supply system in accordance with this section.

Section 8.

Section 23A-10-304 is amended to read:

23A-10-304 .

Aquatic invasive species fee -- Exceptions -- Launching or operating a vessel -- Rulemaking.

- 10 - Enrolled Copy H.B.

125 (1)(a) Except as described in Subsection (3), there is imposed an annual resident aquatic invasive species fee of $20 on a vessel required to be registered under Section 73-18-7.

(b) The division shall:

(i) collect the aquatic invasive species fee imposed under Subsection (1)(a)[:] ;

[(A) in cooperation with the Division of Outdoor Recreation and in conjunction with the registration process described in Section 73-18-7;

or] [(B) through a division process if the vessel owner elects to not pay the aquatic invasive species fee in conjunction with the registration process;] (ii) deposit the aquatic invasive species fee into the Aquatic Invasive Species Interdiction Account created in Section [23A-3-211] 79-2-706;

and (iii) administer the aquatic invasive species fee in accordance with this section.

(c) The aquatic invasive species fee imposed under this Subsection (1) is in addition to and is separate from a registration fee described in Section 73-18-7.

(2)(a) Except as provided in Subsection (3), there is imposed an annual nonresident aquatic invasive species fee of $25 on a vessel to launch or operate a vessel in waters of this state if:

(i) the vessel is owned by a nonresident;

and (ii) the vessel would otherwise be subject to registration requirements under Section 73-18-7 if the vessel were owned by a resident of this state.

(b) The division shall:

(i) collect and administer an aquatic invasive species fee described in Subsection (2)(a) in accordance with this section;

and (ii) deposit the aquatic invasive species fee collected under this Subsection (2) into the Aquatic Invasive Species Interdiction Account created in Section [23A-3-211] 79-2-706.

(3)(a) Subsections (1) and (2) do not apply if the vessel is:

(i) [ ]owned and operated by a [state or ]federal, state, or political subdivision government agency;

and[ the vessel is] (ii) [ ]used within the course and scope of the duties of the government agency.

(b) A resident or nonresident owner or operator of a nonmotorized vessel or inflatable motorboat is exempt from this section before launching or operating a nonmotorized vessel or inflatable motorboat on the waters of this state.

(i) is not required to pay the aquatic invasive species fee described in Subsection (1) -or 11(2); - H.B.

125and Enrolled2. Copy or (2);

andLine (ii)315 is required to complete an aquatic invasive species education course described in Subsection (4)(a)(ii) through the319: boat livery under Subsection 23A-10-306(2) unless exempt under Subsection (3)(b) or Subsection 23A-10-306(3).

(4)(a)exempt Beforefrom launching or operating a vessel on the watersrequirement ofunder thisSubsection state:23A-10-304(3);

[(a)] (i)[(i)] (A) a resident owner shall pay the aquatic invasive species fee as described in Subsection (1);

and [(ii)] (B) a nonresident owner shall pay the aquatic invasive species fee as described in Subsection (2);

and [(b)] (ii) [the resident or nonresident vessel owner ] an individual who is 12 years old or older who operates a vessel shall successfully complete once every calendar year an aquatic invasive species education course [offered] approved by the division.

(b) The division shall approve proof of completion of the aquatic invasive species education course described in Subsection (4)(a)(ii) upon an individual successfully completing the aquatic invasive species education course.

The proof of completion expires the day after December 31 in the calendar year in which the operator completes the aquatic invasive species education course.

(c) An individual operating a vessel who is required to complete the aquatic invasive species education course described in Subsection (4)(a)(ii) shall provide the proof described in Subsection (4)(b) to a natural resources officer or other peace officer upon request.

(d) An individual operating a vessel is not required to complete the aquatic invasive species education course described in Subsection (4)(a)(ii) if:

(i) the individual is operating the vessel on the Great Salt Lake;

and (ii) while operating the vessel the individual is engaged in an activity authorized by a certificate of registration to harvest brine shrimp and brine shrimp eggs issued by the Division of Wildlife Resources.

(5) Notwithstanding the fee amount described in Subsections (1) and (2), the Wildlife Board may increase resident and nonresident aquatic invasive species fees assessed under this section, so long as:

(a) the aquatic invasive species fee for nonresidents described in Subsection (2) is no less than the resident aquatic invasive species fee described in Subsection (1);

and (b) the aquatic invasive species fee is confirmed in the legislative fee schedule.

- 12 - Enrolled Copy H.B.

125 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules establishing procedures for:

(a) proof of payment and other methods of verifying compliance with this section;

(b) special requirements applicable on interstate water bodies in this state;

and (c) other provisions necessary for the administration of the program.

Section 9.

Section 23A-10-306 is enacted to read:

23A-10-306 .

Boat livery requirements.

(1) The owner of a boat livery or an employee, agent, or independent contractor of the owner may not:

(a) knowingly, intentionally, or recklessly alter or misrepresent decontamination records, timelines, or devices;

(b) fail to decontaminate a conveyance or equipment when required to under Section 23A-10-201;

(c) fail to pay the annual aquatic invasive species fee as required in Section 23A-10-304;

(d) fail to display the aquatic invasive species decal as required in Section 23A-10-201;

or (e) violate Subsection 73-18-10(1)(a)(iii).

(2) Before renting or leasing a conveyance, the owner of a boat livery shall:

(a) require the person renting or leasing the conveyance to complete the aquatic invasive species education course required in Subsection 23A-10-304(4), unless the person is exempt from the requirement under Subsection (3) or Subsection 23A-10-304(3);

(3)(a)(3) (a) An owner of a boat livery is exempt from Subsection (2) if the owner of the boat livery or person renting or leasing a conveyance does not transport on a highway the conveyance after being rented or leased and before the conveyance is used by the person renting or leasing the conveyance.

(i) the conveyance being rented or leased is transported by the owner of the boat livery to a waterwaterbody; body;

and -(iv) 13the -person H.B.operating the conveyance under this Subsection (3)(b) has taken the aquatic invasive species education course as required in Subsection 23A-10-303(4).

125{(3)} Enrolled(4) CopyA (iv) the person operatingwho theviolates conveyance under this Subsectionsection (3)(b)is hasguilty takenof thea aquaticclass invasiveB speciesmisdemeanor educationin courseaccordance aswith requiredSection in23A-5-301. Subsection 23A-10-303(4).

(4)- A1 person- who violates this section is guilty of a class B misdemeanor in accordance with Section 23A-5-301.

Section 10.

Section 23A-10-401 is amended to read:

23A-10-401 .

Rulemaking authority.

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules that:

(1) establish the procedures and requirements for decontaminating a conveyance or equipment to prevent the introduction and infestation of [a Dreissena] an invasive mussel;

(2) establish the requirements necessary to provide proof that a conveyance or equipment is decontaminated;

(3) establish the notification procedures required in Section 23A-10-303;

(4) identify the geographic area, water body, facility, or water supply system that is infested by [Dreissena] invasive mussels;

(5) establish a procedure and protocol in cooperation with the Department of Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or equipment at a port-of-entry in accordance with Section 23A-10-301;

and (6) are necessary to administer and enforce this chapter.

Section 11.

Section 23A-10-501 is amended to read:

23A-10-501 .

Aquatic invasive species emergency response plan.

(1) As used in this section:

(a) "Committee" means the Natural Resources, Agriculture, and Environment Interim Committee.

(b) "Emergency response plan" means the statewide aquatic invasive species emergency response plan developed by the division in accordance with this part.

(2) The division shall develop a statewide aquatic invasive species emergency response plan to address the potential spread of aquatic invasive species throughout the state.

(3) In developing the emergency response plan, the division shall coordinate with the Division of Wildlife Resources and other public and private entities that may be necessary or helpful to remediating the potential spread of aquatic invasive species throughout the state.

(4) The emergency response plan shall:

(a) designate the division as the entity that coordinates the implementation of the - 14 - Enrolled Copy H.B.

125 emergency response plan;

(b) provide for annual review of the emergency response plan by the division;

(c) provide that the emergency response plan may only be implemented if the division detects aquatic invasive species, including [Dreissena] invasive mussels, at a water body, facility, or water supply system within the state;

and (d) define what constitutes a detection of aquatic invasive species at a water body, facility, or water supply system.

(5) If an event requires the implementation of the emergency response plan, the division shall report on that event and the implementation of the emergency response plan to the committee.

Section 12.

Section 63A-17-502 is amended to read:

63A-17-502 .

Overtime policies for state employees.

(1) As used in this section:

(a) "Accrued overtime hours" means:

(i) for a nonexempt employee, overtime hours earned during a fiscal year that, at the end of the fiscal year, have not been paid and have not been taken as time off by the nonexempt state employee who accrued them;

and (ii) for an exempt employee, overtime hours earned during an overtime year.

(b) "Appointed official" means:

(i) each department executive director and deputy director, each division director, and each member of a board or commission;

and (ii) any other person employed by a department who is appointed by, or whose appointment is required by law to be approved by, the governor and who:

(A) is paid a salary by the state;

and (B) who exercises managerial, policy-making, or advisory responsibility.

(c) "Department" means, except as otherwise provided in this section, the Department of Government Operations, the Department of Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage Services, the Insurance Department, the Public Service Commission, the Labor Commission, the Department of Agriculture and Food, the Department of Human Services, the Department of Natural Resources, the Department of Transportation, the Department of Commerce, the Department of Workforce Services, the State Tax Commission, the Department of Cultural and Community Engagement, the Department of Health, the National Guard, the Department of Environmental Quality, the Department of Public Safety, the - 15 - H.B.

125 Enrolled Copy Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the Office of the Attorney General, merit employees in the Office of the State Treasurer, merit employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and the Board of Pardons and Parole.

(d) "Elected official" means any person who is an employee of the state because the person was elected by the registered voters of Utah to a position in state government.

(e) "Exempt employee" means a state employee who is exempt as defined by the FLSA.

(f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C.

Sec.

201 et seq.

(g) "FLSA agreement" means the agreement authorized by the FLSA by which a nonexempt employee elects the form of compensation the nonexempt employee will receive for overtime.

(h) "Nonexempt employee" means a state employee who is nonexempt as defined by the division applying FLSA requirements.

(i) "Overtime" means actual time worked in excess of an employee's defined work period.

(j) "Overtime year" means the year determined by a department under Subsection (5)(b) at the end of which an exempt employee's accrued overtime lapses.

(k) "State employee" means every person employed by a department who is not:

(i) an appointed official;

(ii) an elected official;

or (iii) a member of a board or commission who is paid only for per diem or travel expenses.

(l) "Uniform annual date" means the date when an exempt employee's accrued overtime lapses.

(m) "Work period" means:

(i) for a nonexempt employee, except a nonexempt law enforcement or hospital employee, a consecutive seven day, 24 hour work period of 40 hours;

(ii) for an exempt employee, a 14 day, 80 hour payroll cycle;

(iii) for a nonexempt hospital employee, the period the division establishes by rule according to the requirements of the FLSA;

or (iv) for a nonexempt law enforcement employee as defined in the FLSA[:] [(A) who is employed by the Department of Natural Resources, the period the division establishes by rule according to the requirements of the FLSA;

or] [(B) who is employed by a department other than the Department of Natural - 16 - Enrolled Copy H.B.

125 Resources], the period the division establishes by rule in accordance with Subsection (2).

(2) [Except for the Department of Natural Resources, the] The division shall require each department employing a nonexempt law enforcement employee to designate one of the following work periods applicable to that employee:

(a) 80 hours in a 14 consecutive day payroll cycle;

or (b) 160 hours in a 28 consecutive day payroll cycle.

(3) Each department shall compensate each state employee who works overtime by complying with the requirements of this section.

(4)(a) Each department shall negotiate and obtain a signed FLSA agreement from each nonexempt employee.

(b) In the FLSA agreement, the nonexempt employee shall elect either to be compensated for overtime by:

(i) taking time off work at the rate of one and one-half hour off for each overtime hour worked;

or (ii) being paid for the overtime worked at the rate of one and one-half times the employee's regular hourly wage.

(c) A nonexempt employee who elects to take time off under this Subsection (4) shall be paid for any overtime worked in excess of the cap established by the division.

(d) Before working any overtime, a nonexempt employee shall obtain authorization to work overtime from the employee's immediate supervisor.

(e) Each department shall:

(i) for an employee who elects to be compensated with time off for overtime, allow overtime earned during a fiscal year to be accumulated;

and (ii) for an employee who elects to be paid for overtime worked, pay them for overtime worked in the paycheck for the pay period in which the employee worked the overtime.

(f) If a department pays a nonexempt employee for overtime, that department shall charge that payment to that department's budget.

(g) At the end of each fiscal year, the Division of Finance shall total all the accrued overtime hours for nonexempt employees and charge that total against the appropriate fund or subfund.

(5)(a)(i) Except as provided in Subsection (5)(a)(ii), each department shall compensate each exempt employee who works overtime by granting the employee - 17 - H.B.

125 Enrolled Copy time off at the rate of one hour off for each hour of overtime worked.

(ii) The director of the division may grant limited exceptions to the compensation requirement described in Subsection (5)(a)(i), where work circumstances dictate, by authorizing a department to pay an exempt employee for overtime worked at the employee's regular hourly wage if that department has funds available.

(b)(i) Each department shall:

(A) establish in its written human resource policies a uniform annual date for each division that is at the end of any pay period;

and (B) communicate the uniform annual date to its employees.

(ii) If any department fails to establish a uniform annual date as required by this Subsection (5), the director of the division, in conjunction with the director of the Division of Finance, shall establish the date for that department.

(c) The overtime authorized for an exempt employee under this Subsection (5) is not an entitlement, a benefit, or a vested right.

(d) At the end of the overtime year, upon transfer to another department at any time, and upon termination, retirement, or other situations where the employee will not return to work before the end of the overtime year:

(i) any of an exempt employee's overtime that is more than the maximum established by division rule lapses;

and (ii) unless authorized by the director of the division under Subsection (5)(a)(ii), a department may not compensate the exempt employee for that lapsed overtime by paying the employee for the overtime or by granting the employee time off for the lapsed overtime.

(e) Before working any overtime, each exempt employee shall obtain authorization to work overtime from the exempt employee's immediate supervisor.

(f) If a department pays an exempt employee for overtime under authorization from the director of the division, that department shall charge that payment to that department's budget in the pay period earned.

(6) The division shall:

(a) ensure that the provisions of the FLSA and this section are implemented throughout state government;

(b) determine, for each state employee, whether the employee is exempt, nonexempt, law enforcement, or has some other status under the FLSA;

(c) in coordination with modifications to the systems operated by the Division of - 18 - Enrolled Copy H.B.

125 Finance, make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(i) establishing procedures for recording overtime worked that comply with FLSA requirements;

(ii) establishing requirements governing overtime worked while traveling and procedures for recording that overtime that comply with FLSA requirements;

(iii) establishing requirements governing overtime worked if the employee is "on call" and procedures for recording that overtime that comply with FLSA requirements;

(iv) establishing requirements governing overtime worked while an employee is being trained and procedures for recording that overtime that comply with FLSA requirements;

(v) subject to the FLSA and Subsection (2), establishing the maximum number of hours that a nonexempt employee may accrue before a department is required to pay the employee for the overtime worked;

(vi) subject to the FLSA, establishing the maximum number of overtime hours for an exempt employee that do not lapse;

and (vii) establishing procedures for adjudicating appeals of an FLSA determination made by the division as required by this section;

(d) monitor departments for compliance with the FLSA;

and (e) recommend to the Legislature and the governor any statutory changes necessary because of federal government action.

(7)(a) In coordination with the procedures for recording overtime worked established in rule by the division, the Division of Finance shall modify its payroll and human resource systems to accommodate those procedures.

(b) Notwithstanding the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, Section 63A-17-602, and Section 67-19a-301, an employee who is aggrieved by the FLSA designation made by the division as required by this section may appeal that determination to the director of the division by following the procedures and requirements established in division rule.

(c) Upon receipt of an appeal under this section, the director shall notify the executive director of the employee's department that the appeal has been filed.

(d) If the employee is aggrieved by the decision of the director, the employee shall appeal that determination to the Department of Labor, Wage and Hour Division, - 19 - H.B.

125 Enrolled Copy according to the procedures and requirements of federal law.

Section 13.

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 Native American Repatriation Restricted Account created in Section 9-9-407.

(2) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.

(3) Funds collected for directing and administering the C-PACE district created in Section 11-42a-106.

(4) Money received by the Utah Inland Port Authority, as provided in Section 11-58-105.

(5) The Commerce Electronic Payment Fee Restricted Account created in Section 13-1-17.

(6) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section 19-2a-106.

(7) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in Section 19-5-126.

(8) State funds for matching federal funds in the Children's Health Insurance Program as provided in Section 26B-3-906.

(9) Funds collected from the program fund for local health department expenses incurred in responding to a local health emergency under Section 26B-7-111.

(10) The Technology Development Restricted Account created in Section 31A-3-104.

(11) The Criminal Background Check Restricted Account created in Section 31A-3-105.

(12) 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.

(13) The Title Licensee Enforcement Restricted Account created in Section 31A-23a-415.

(14) The Health Insurance Actuarial Review Restricted Account created in Section 31A-30-115.

(15) The State Mandated Insurer Payments Restricted Account created in Section 31A-30-118.

(16) The Insurance Fraud Investigation Restricted Account created in Section 31A-31-108.

(17) The Underage Drinking Prevention Media and Education Campaign Restricted Account created in Section 32B-2-306.

(18) The School Readiness Restricted Account created in Section 35A-15-203.

(19) Money received by the Utah State Office of Rehabilitation for the sale of certain products or services, as provided in Section 35A-13-202.

- 20 - Enrolled Copy H.B.

125 (20) The Property Loss Related to Homelessness Compensation Enterprise Fund created in Section 35A-16-212.

(21) The Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402.

(22) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.

(23) The Oil and Gas Conservation Account created in Section 40-6-14.5.

(24) The Division of Oil, Gas, and Mining Restricted account created in Section 40-6-23.

(25) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to the Motor Vehicle Division.

(26) The License Plate Restricted Account created by Section 41-1a-122.

(27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account created by Section 41-3-110 to the State Tax Commission.

(28) The State Disaster Recovery Restricted Account to the Division of Emergency Management, as provided in Section 53-2a-603.

(29) The Disaster Response, Recovery, and Mitigation Restricted Account created in Section 53-2a-1302.

(30) The Emergency Medical Services Critical Needs Account created in Section 53-2d-110.

(31) The Department of Public Safety Restricted Account to the Department of Public Safety, as provided in Section 53-3-106.

(32) The Utah Highway Patrol Aero Bureau Restricted Account created in Section 53-8-303.

(33) The DNA Specimen Restricted Account created in Section 53-10-407.

(34) The Technical Colleges Capital Projects Fund created in Section 53H-9-605.

(35) The Higher Education Capital Projects Fund created in Section 53H-9-502.

(36) A certain portion of money collected for administrative costs under the School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.

(37) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).

(38) Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section 58-3a-105.

(39) 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.

(40) Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section 58-22-104.

- 21 - H.B.

125 Enrolled Copy (41) Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section 58-55-106.

(42) 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.

(43) 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.

(44) The Relative Value Study Restricted Account created in Section 59-9-105.

(45) The Cigarette Tax Restricted Account created in Section 59-14-204.

(46) 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.

(47) 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.

(48) Certain funds donated to the Department of Health and Human Services, as provided in Section 26B-1-202.

(49) Certain funds donated to the Division of Child and Family Services, as provided in Section 80-2-404.

(50) Funds collected by the Office of Administrative Rules for publishing, as provided in Section 63G-3-402.

(51) The Immigration Act Restricted Account created in Section 63G-12-103.

(52) Money received by the military installation development authority, as provided in Section 63H-1-504.

(53) The Unified Statewide 911 Emergency Service Account created in Section 63H-7a-304.

(54) The Utah Statewide Radio System Restricted Account created in Section 63H-7a-403.

(55) The Utah Capital Investment Restricted Account created in Section 63N-6-204.

(56) The Motion Picture Incentive Account created in Section 63N-8-103.

(57) Funds collected by the housing of state probationary inmates or state parole inmates, as provided in Subsection 64-13e-104(2).

(58) Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and State Lands, as provided in Section 65A-8-103.

(59) The following funds or accounts created in Section 72-2-124:

(a) Transportation Investment Fund of 2005;

(b) Transit Transportation Investment Fund;

- 22 - Enrolled Copy H.B.

125 (c) Cottonwood Canyons Transportation Investment Fund;

(d) Active Transportation Investment Fund;

and (e) Commuter Rail Subaccount.

(60) The Amusement Ride Safety Restricted Account, as provided in Section 72-16-204.

(61) Certain funds received by the Office of the State Engineer for well drilling fines or bonds, as provided in Section 73-3-25.

(62) The Water Resources Conservation and Development Fund, as provided in Section 73-23-2.

(63) Award money under the State Asset Forfeiture Grant Program, as provided under Section 77-11b-403.

(64) Funds donated or paid to a juvenile court by private sources, as provided in Subsection 78A-6-203(1)(c).

(65) Fees for certificate of admission created under Section 78A-9-102.

(66) Funds collected for adoption document access as provided in Sections 81-13-103, 81-13-504, and 81-13-505.

(67) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense Commission.

(68) The Utah Geological Survey Restricted Account created in Section 79-3-403.

(69) 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.

(70) Certain funds received by the Division of State Parks from the sale or disposal of [ buffalo] bison, as provided under Section 79-4-1001.

Section 14.

Section 73-1-22 is enacted to read:

73-1-22 .

Litigation expenses.

The Department of Natural Resources may fund general litigation expenses and other costs incurred by the state related to litigation concerning the state's interests in water, including interests related to conservation, the right to use water, and the development of water resources.

Section 15.

Section 73-2-11 is amended to read:

73-2-11 .

Records -- Certified copies -- Evidence.

(1) The state engineer shall keep on file in the state engineer's office a full and proper [ records] record, in physical or electronic form, of the state engineer's work, including [all field notes, computations and facts made or collected by the state engineer, all of which shall be part of the records of the state engineer's office and the property of the state.

All - 23 - H.B.

125 Enrolled Copy records, maps and papers] the following made or collected by the state engineer:

(a) a field note;

(b) a computation;

or (c) a fact.

(2) Subject to Subsection (3), a record, including a map or document, whether physical or electronic, recorded or filed in the office of the state engineer [shall be open to the public during business hours] is a public record.

(3) A record described in Subsection (1) or (2) is:

(a) a record of the state engineer's office;

(b) property of the state;

and (c) made public by the state engineer, except a record classified as private, controlled, or protected in accordance with Title 63G, Chapter 2, Government Records Access and Management Act, and this title.

(4) The office of the state engineer is [hereby declared to be ]an office of public record, and [ none of the files, records or documents shall be removed therefrom] a file or record may not be removed from the office of the state engineer, except in the custody of the state engineer or one of the state engineer's deputies.[ Certified copies of any record or document shall be furnished by the state engineer] (5)(a) The state engineer shall furnish a certified copy of a record on demand, upon payment of the reasonable cost of making the [same] certified copy, together with the legal fee for certification.[ Such copies shall be] (b) A certified copy under this Subsection (5) is competent evidence, and [shall have] has the same force and effect as the [originals] original.

Section 16.

Section 73-3-8 is amended to read:

73-3-8 .

Approval or rejection of application -- Requirements for approval -- Application for specified period of time -- Filing of royalty contract for removal of salt or minerals -- Request for agency action.

(1)(a) [It shall be the duty of the state engineer to] The state engineer shall approve an application if there is reason to believe that:

(i) for an application to appropriate, there is unappropriated water in the proposed source;

(ii) the proposed use will not impair existing rights or interfere with the more beneficial use of the water;

(iii) the proposed plan:

- 24 - Enrolled Copy H.B.

125 (A) is physically and economically feasible, unless the application is filed by the United States Bureau of Reclamation;

and (B) would not prove detrimental to the public welfare;

(iv) the applicant has the financial ability to complete the proposed works;