1. (1) There is created an expendable special revenue fund known as the "Plant Pest Fund."

2. (2) The fund is funded from:

   1. (a) money the plant industry division within the department receives under this title;
   2. (b) the landowner's and lessee's share of costs, if required by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
   3. (c) appropriations from the Legislature;
   4. (d) federal money deposited into the fund; and
   5. (e) the interest and earnings on the fund.
3. (3) The department may only use money in the fund to fund survey, detection, eradication, or suppression efforts for plant pests with the exception designated in Subsection (4).

4. (4) The department may annually use an amount not to exceed the lesser of the following for staff or administrative costs to carry out the department's duties under this chapter:

   1. (a) 10% of the fund annually; or
   2. (b) $300,000.

5. (5)

   1. (a) The fund may not exceed $10,000,000 of money deposited under Subsections (2)(a), (c), and (e).
   2. (b) The Division of Finance shall transfer the money described in Subsection (5)(a) in excess of $10,000,000 at the end of a fiscal year into the General Fund.
6. (6) Federal money deposited into the fund shall be accounted for separately.
7. (7) Fund money may be used as matching funds for participation in programs of the United States Department of Agriculture for survey, detection, eradication, or suppression efforts of plant pests.

Amended by Chapter 79, 2022 General Session