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[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]
H.B. 397 Enrolled
AN ACT RELATING TO BOARDS AND COMMISSIONS; REMOVING THE
REQUIREMENT TO STAGGER TERMS FOR MEMBERS OF JUDICIAL NOMINATING
COMMISSIONS; MODIFYING THE PURPOSE, COMPOSITION, AND DUTIES OF THE
COMMISSION ON CRIMINAL AND JUVENILE JUSTICE; MODIFYING THE DUTIES OF
THE UTAH SUBSTANCE ABUSE AND ANTI-VIOLENCE COORDINATING COUNCIL;
MODIFYING THE MEMBERSHIP OF THE PREVENTION COMMITTEE AND THE
TREATMENT COMMITTEE; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-12-102, as last amended by Chapter 249, Laws of Utah 1997
20A-12-103, as last amended by Chapter 249, Laws of Utah 1997
51-7-12, as last amended by Chapter 243, Laws of Utah 1996
63-11a-402, as last amended by Chapter 10, Laws of Utah 1997
63-25a-101, as last amended by Chapter 102, Laws of Utah 1998
63-25a-102, as last amended by Chapter 194 and renumbered and amended by Chapter
242, Laws of Utah 1996
63-25a-103, as last amended by Chapter 102, Laws of Utah 1998
63-25a-104, as last amended by Chapter 102, Laws of Utah 1998
63-25a-104.5, as enacted by Chapter 102, Laws of Utah 1998
63-25a-203, as last amended by Chapter 102, Laws of Utah 1998
63-25a-204, as last amended by Chapter 308, Laws of Utah 1997
63-25a-206, as last amended by Chapter 308, Laws of Utah 1997
63C-6-101, as last amended by Chapter 243, Laws of Utah 1996
72-6-115, as renumbered and amended by Chapter 270, Laws of Utah 1998
76-3-201, as last amended by Chapter 149, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-12-102 is amended to read:
20A-12-102. Appellate Court Nominating Commission.
(1) (a) There is created an Appellate Court Nominating Commission.
(b) The Appellate Court Nominating Commission shall nominate justices of the Supreme
Court and judges of the Court of Appeals.
(2) (a) The Appellate Court Nominating Commission shall consist of seven commissioners,
each appointed by the governor to serve a single four-year term.
[
[
(i) be a United States citizen and a resident of Utah; and
(ii) serve until the commissioner's successor is appointed.
[
(i) a commissioner to serve successive terms;
(ii) a member of the Legislature to serve as a member of the Appellate Court Nominating
Commission; or
(iii) more than four commissioners from the same political party to the Appellate Court
Nominating Commission.
[
as Appellate Court Nominating Commissioners.
(ii) The governor shall appoint two commissioners from the list of nominees provided by
the Utah State Bar.
(iii) The governor may reject the list submitted by the Utah State Bar and request a new list
of nominees.
[
State Bar to the Appellate Court Nominating Commission.
[
Appellate Court Nominating Commission.
(ii) If the chief justice cannot serve on the commission, he shall appoint another justice of
the Supreme Court to serve in his absence.
[
Commission from among the membership.
(3) (a) Except for the chief justice of the Supreme Court, each commissioner is a voting
member of the Appellate Court Nominating Commission.
(b) Four commissioners are a quorum.
(c) The state court administrator shall serve as secretary to the Appellate Court Nominating
Commission.
(d) The chief justice of the Supreme Court shall:
(i) ensure that the commission follows the rules promulgated by the Judicial Council; and
(ii) resolve any questions regarding those rules.
(e) A member of the commission who is also a member of the Utah State Bar may recuse
himself if there is a conflict of interest that makes the member unable to serve.
(4) If an appellate court nominating commissioner is disqualified or is otherwise unable to
serve, the governor shall appoint a new commissioner of the same political party as the unavailable
commissioner.
(5) (a) The governor shall fill any vacancy in the office of Appellate Court Nominating
Commission.
(b) If the vacancy occurs among commission members who are also members of the Utah
State Bar, the governor shall replace that commissioner with a person from a list of nominees
submitted by the Utah State Bar as provided in Subsection (2).
(c) The governor shall ensure that each person who is appointed to fill any vacancy in the
Appellate Court Nominating Commission other than a vacancy caused by expiration of term is a
member of the same political party as the commissioner whom he replaces.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term and may not be reappointed.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the commission at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 2. Section 20A-12-103 is amended to read:
20A-12-103. Trial court nominating commission.
(1) (a) There is created a trial court nominating commission for each geographical division
of the trial courts of record.
(b) The trial court nominating commission shall nominate judges of the district court and
the juvenile court within its geographical division.
(2) (a) The trial court nominating commission shall consist of seven commissioners, each
appointed by the governor to serve a single four-year term.
[
[
(i) be a United States citizen, a resident of Utah, and a resident of the geographic division
to be served by the commission to which he is appointed; and
(ii) serve until the commissioner's successor is appointed.
[
(i) a commissioner to serve successive terms;
(ii) a member of the Legislature to serve as a member of a trial court nominating
commission; or
(iii) more than four commissioners from the same political party to a trial court nominating
commission.
[
by the Utah State Bar.
(ii) The Utah State Bar shall submit:
(A) six nominees from Districts 2, 3, and 4; and
(B) four nominees from Districts 1, 5, 6, 7, and 8.
(iii) The governor may reject any list and request a new list of nominees.
[
State Bar to a trial court nominating commission.
[
each trial court nominating commission.
(ii) If the chief justice cannot serve on the commission, he shall appoint another justice of
the Supreme Court to serve in his absence.
[
from among its membership.
(3) (a) Except for the chief justice of the Supreme Court, each trial court nominating
commissioner is a voting member of the commission.
(b) Four commissioners are a quorum.
(c) The state court administrator shall serve as secretary to each trial court nominating
commission.
(d) The chief justice of the Supreme Court shall:
(i) ensure that each trial court nominating commission follows the rules promulgated by the
Judicial Council; and
(ii) resolve any questions regarding those rules.
(e) A member of a trial court nominating commission who is also a member of the Utah
State Bar may recuse himself if there is a conflict of interest that makes the member unable to serve.
(4) If a commissioner is disqualified or otherwise unable to serve, the governor shall appoint
a new commissioner of the same political party as the unavailable commissioner.
(5) (a) The governor shall fill any vacancy in the office of trial court nominating
commissioner.
(b) If the vacancy occurs among commission members who are also members of the Utah
State Bar, the governor shall replace that commissioner with a person from a list of nominees
submitted by the Utah State Bar as provided in Subsection (2).
(c) The governor shall ensure that each person who is appointed to fill any vacancy in the
office of commissioner other than a vacancy caused by expiration of term is a member of the same
political party as the commissioner whom he replaces.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term under this Subsection (5) and may not be reappointed.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the commission at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 3. Section 51-7-12 is amended to read:
51-7-12. Deposit or investment of permanent land grant trust funds -- Authorized
deposits and investments -- Asset manager -- Investment Advisory Committee.
(1) The principal of the permanent land grant trust funds established pursuant to the Utah
Enabling Act and the Utah Constitution shall be deposited or invested only in the following:
(a) any deposit or investment authorized by Section 51-7-11 ;
(b) equity securities, including common and preferred stock issued by corporations listed on
a major securities exchange, in accordance with the following criteria applied at the time of
investment:
(i) the treasurer may not invest more than 5%, determined on a cost basis, of the total fund
assets in the securities of any one issuer;
(ii) the treasurer may not invest more than 25%, determined on a cost basis, of total fund
assets in a particular industry;
(iii) the treasurer may not invest more than 5%, determined on a cost basis, of the total fund
assets in securities of corporations that have been in continuous operation for less than three years;
(iv) the fund may not hold in excess of 5% of the outstanding voting securities of any one
corporation; and
(v) at least 75% of the corporations in which investments are made under Subsection (b)
must appear on the Standard and Poor's 500 Composite Stock Price Index;
(c) fixed-income securities, including bonds, notes, mortgage securities, zero coupon
securities and convertible securities issued by domestic corporations rated A or higher by Moody's
Investor's Service, Inc. or by Standard and Poor's Corporation in accordance with the following
criteria applied at the time of investment:
(i) the treasurer may not invest more than 5%, determined on a cost basis, of the total fund
assets in the securities of any one issuer;
(ii) the treasurer may not invest more than 25%, determined on a cost basis, of the total fund
assets in a particular industry;
(iii) the treasurer may not invest more than 5%, determined on a cost basis, of the total fund
assets in securities of corporations that have been in continuous operation for less than three years;
and
(iv) the dollar-weighted average maturity of fixed-income securities acquired under
Subsection (1)(c) may not exceed ten years;
(d) fixed-income securities issued by agencies of the United States and
government-sponsored organizations, including mortgage-backed pass-through certificates and
mortgage-backed bonds;
(e) shares of an open-end diversified management investment company established under
the Investment Companies Act of 1940; and
(f) shares of or deposits in a pooled-investment program.
(2) (a) No more than 65% of the total fund assets of any of these funds, on a cost basis, may
be invested in common or preferred stocks at any one time.
(b) At least 35% of the total assets of these funds shall be invested in fixed-income securities
authorized by Subsections (1)(a), (c), and (d).
(3) The state treasurer shall use appropriate investment strategies to protect the principal of
the funds administered under this section during periods of financial market volatility.
(4) (a) The state treasurer may employ professional asset managers to assist in the investment
of assets of the permanent trust funds.
(b) The treasurer may provide compensation to asset managers from earnings generated by
the funds' investments.
(5) This section applies only to permanent trust funds in which the principal is prudently
invested and held by the state in perpetuity.
(6) (a) There is established an advisory committee to give suggestions, advice, and opinions
to the state treasurer in regard to this section.
(b) The committee shall consist of the following:
(i) one member appointed by the president of the University of Utah;
(ii) one member appointed by the president of Utah State University;
(iii) one member appointed by the state superintendent of public instruction;
(iv) one member appointed by the president of the Utah Education Association;
(v) one member appointed by the president of the Utah Parent Teachers Association; and
(vi) one member appointed by the director of the Department of Human Services.
(c) (i) Except as required by Subsection (ii), as terms of current committee members expire,
the [
four-year term.
(ii) Notwithstanding the requirements of Subsection (6)(c)(i), the [
authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that
the terms of committee members are staggered so that approximately half of the committee is
appointed every two years.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(e) The committee shall meet at least annually and review investment reports prepared by
the state treasurer, including information on portfolio composition and investment performance.
(7) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) A state government member who is a member because of their state government position
may not receive per diem or expenses for their service.
(iii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 4. Section 63-11a-402 is amended to read:
63-11a-402. Council membership -- Expenses.
(1) The council shall consist of nine members knowledgeable about muscle-powered
recreational activities as follows:
(a) five members shall represent the public at large;
(b) one member, nominated by the Utah League of Cities and Towns, shall represent city
government;
(c) one member, nominated by the Utah Association of Counties, shall represent county
government;
(d) one member shall represent the United States Forest Service; and
(e) one member shall represent the Bureau of Land Management.
(2) (a) Except as required by Subsection (2)(b), as terms of current council members expire,
the [
(b) Notwithstanding the requirements of Subsection (2)(a), the [
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
council members are staggered so that approximately half of the council is appointed every two
years.
(3) The council shall elect annually a chair and a vice chair from its members.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 5. Section 63-25a-101 is amended to read:
63-25a-101. Creation -- Purpose.
(1) The State Commission on Criminal and Juvenile Justice is created within the governor's
office.
(2) The commission's purpose is to:
[
[
and juvenile justice system in Utah;
[
levels of government concerned with criminal and juvenile justice to achieve those objectives; [
(c) coordinate statewide efforts to reduce crime and victimization in Utah; and
(d) accomplish the duties enumerated in Section 63-25a-104 .
Section 6. Section 63-25a-102 is amended to read:
63-25a-102. Composition -- Ex officio members -- Appointees of governor -- Terms.
(1) The commission on criminal and juvenile justice shall be composed of [
members as follows:
(a) the chief justice of the supreme court, as the presiding officer of the judicial council, or
a judge designated by the chief justice;
(b) the state court administrator;
(c) a juvenile court judge appointed by the chief justice, as presiding officer of the Judicial
Council;
(d) the executive director of the Department of Corrections;
(e) the director of the Division of Youth Corrections;
(f) the commissioner of the Department of Public Safety;
(g) the attorney general;
(h) a representative of the statewide association of public attorneys designated by the
association's officers;
(i) the president of the chief of police association or a chief of police designated by the
association's president;
(j) the president of the sheriff's association or a sheriff designated by the association's
president;
(k) the chair of the Board of Pardons and Parole or a member designated by the chair;
(l) the chair of the Utah Sentencing Commission;
(m) the chair of the Utah Substance Abuse and Anti-Violence Coordinating Council; [
(n) the chair of the Utah Board of Juvenile Justice; and
(o) the chair of the Utah Council on Victims of Crime or the chair's designee.
(2) The remaining five members shall be appointed by the governor, with the advice and
consent of the Senate, to two-year staggered terms as follows:
(a) one criminal defense attorney appointed from a list of three nominees submitted by the
Utah State Bar Association;
(b) one state senator;
(c) one state representative;
(d) one representative of public education; and
(e) one citizen representative.
(3) In addition to the members designated under Subsections (1) and (2), the United States
Attorney for the district of Utah may serve as a nonvoting member.
(4) In appointing the members under Subsection (2), the governor shall take into account the
geographical makeup of the commission and the representation from local criminal justice advisory
groups.
Section 7. Section 63-25a-103 is amended to read:
63-25a-103. Executive director -- Qualifications -- Compensation -- Appointment --
Functions.
(1) The governor, with the advice and consent of the Senate, shall appoint a person
experienced in the field of criminal justice and in administration as the executive director of the
Commission on Criminal and Juvenile Justice. The governor shall establish the executive director's
salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer
Compensation.
(2) (a) The executive director, under the direction of the commission, shall administer the
duties of the commission and act as the governor's advisor on national, state, regional, metropolitan,
and local government planning as it relates to criminal justice.
(b) This chapter does not derogate the planning authority conferred on state, regional,
metropolitan, and local governments by existing law.
Section 8. Section 63-25a-104 is amended to read:
63-25a-104. Duties of commission.
The state commission on criminal and juvenile justice administration shall:
[
[
(2) promote the communication and coordination of all criminal and juvenile justice
agencies;
(3) study, evaluate, and report on the status of crime in the state and on the effectiveness of
criminal justice policies, procedures, and programs that are directed toward the reduction of crime
in the state;
(4) study, evaluate, and report on policies, procedures, and programs of other jurisdictions
which have effectively reduced crime [
(5) identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime [
[
[
legislation, state budget, and facility requests, including program and fiscal impact on all components
of the criminal and juvenile justice system;
[
federal criminal justice grant monies;
[
technical assistance to agencies or local units of government on methods to promote public
awareness;
[
juvenile justice system;
[
[
justice systems, including specific projections for secure bed space; and
[
that are consistent with common standards for data storage and are capable of appropriately sharing
information with other criminal justice information systems by:
(a) developing and maintaining common data standards for use by all state criminal justice
agencies;
(b) annually performing audits of criminal history record information maintained by state
criminal justice agencies to assess their accuracy, completeness, and adherence to standards;
(c) defining and developing state and local programs and projects associated with the
improvement of information management for law enforcement and the administration of justice; and
(d) establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under this Subsection [
Subsection [
Section 9. Section 63-25a-104.5 is amended to read:
63-25a-104.5. Annual report by the commission.
[
directed to the governor, the Legislature, and the Judicial Council[
(2) The report shall describe[
duties during the year[
[
[
[
[
[
[
[
[
Section 10. Section 63-25a-203 is amended to read:
63-25a-203. Duties of council.
(1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall:
(a) provide leadership and generate unity for Utah's ongoing efforts to combat substance
abuse and community violence;
(b) recommend and coordinate the creation, dissemination, and implementation of a statewide
substance abuse and anti-violence policy;
(c) facilitate planning for a balanced continuum of substance abuse and community violence
prevention, treatment, and [
(d) promote collaboration and mutually beneficial public and private partnerships;
(e) coordinate recommendations made by the [
63-25a-206 ; and
(f) analyze and provide an objective assessment of all proposed legislation concerning
alcohol and other drug issues and community violence issues[
[
[
(2) The council shall meet quarterly or more frequently as determined necessary by the chair.
(3) The council shall report its recommendations annually to the commission, governor,
Legislature, and judicial council.
Section 11. Section 63-25a-204 is amended to read:
63-25a-204. Creation of committees -- Membership -- Terms.
(1) There is created within the governor's office, the Justice Committee, the Treatment
Committee, the Prevention Committee, and the Judiciary Committee.
(2) The president of the Senate may annually designate a member of the Senate to serve on
each committee.
(3) The speaker of the House may annually designate a member of the House of
Representatives to serve on each committee.
(4) (a) The Justice Committee comprises a minimum of 15 voting members as follows:
(i) a representative annually designated by the Utah Chiefs of Police Association;
(ii) a representative annually designated by the Utah Sheriff's Association;
(iii) a representative annually designated by the Statewide Association of Public Attorneys;
(iv) a representative annually designated by the Department of Commerce;
(v) an assistant attorney general annually designated by the attorney general;
(vi) a representative annually designated by the commissioner of the Department of Public
Safety;
(vii) the director of the [
of Public Safety or his designee;
(viii) a representative annually designated by the executive director of the Department of
Corrections;
(ix) a representative annually designated by the director of the Division of Youth
Corrections;
(x) a representative from a drug task force within the state appointed by the governor to serve
for two years;
(xi) a gang intelligence officer appointed by the governor to serve for two years;
(xii) a representative of crime victims appointed by the governor to serve for two years;
(xiii) a district director of juvenile probation or his designee, annually designated by the
presiding officer of the Judicial Council;
(xiv) a representative of adult probation and parole annually designated by the executive
director of the Department of Corrections; and
(xv) a school resource officer annually appointed by the governor to serve for two years.
(b) In addition to the members designated under Subsection (4)(a):
(i) the Federal Bureau of Investigation may annually designate a representative to be a voting
member of the committee;
(ii) the United States Attorney's Office may annually designate a representative to be a voting
member of the committee; and
(iii) the Drug Enforcement Administration may annually designate a representative to be a
voting member of the committee.
(c) Additional committee members may be selected by a majority of the committee to serve
as voting members for two-year terms.
(5) (a) The Treatment Committee comprises a minimum of [
follows:
(i) [
designated by the Utah [
Network;
(ii) a [
the Utah [
(iii) a representative annually designated by the Division of Substance Abuse;
(iv) a representative annually designated by the director of the Division of Youth
Corrections;
(v) a registered pharmacist annually designated by the Utah Pharmaceutical Association;
(vi) a representative annually designated by the Utah Hospital and Health Systems
Association [
(vii) a licensed physician annually designated by the Utah Medical Association;
(viii) a licensed psychologist annually designated by the Utah Psychological Association;
(ix) a licensed social worker annually designated by the National Association of Social
Workers (Utah Chapter);
(x) a registered nurse annually designated by the Utah Nurses Association;
(xi) a substance abuse counselor annually designated by the Utah Association of Alcohol and
Drug Abuse Counselors;
(xii) a representative annually designated by the Utah Association of Local Health Officers;
(xiii) a domestic violence treatment professional annually appointed by the Domestic
Violence Advisory Council;
(xiv) a school counselor annually designated by the Utah School Counselors Association;
(xv) an elementary school principal from a high risk school annually designated by the Utah
Association of Elementary School Principals; [
(xvi) a secondary school principal from a high risk school annually designated by the Utah
Association of Secondary School Principals; and
(xvii) a representative annually designated by the executive director of the Department of
Workforce Services.
(b) Additional committee members may be selected by a majority of the committee to serve
as voting members for two-year terms.
(6) (a) The Prevention Committee comprises a minimum of [
follows:
(i) a representative annually designated by the director of the Division of Substance Abuse;
(ii) the executive director of the Utah Council for Crime Prevention or his designee;
(iii) a representative annually designated by the state superintendent of public instruction,
State Office of Education;
(iv) the commissioner of higher education, from the State Board of Regents, or his designee;
(v) a representative annually designated by the executive director of the Department of
Health [
(vi) the president of the Utah Federation for Youth or his designee;
(vii) a [
program director from an urban school district, annually designated by the Utah School
Superintendents Association;
(viii) a [
program director from a rural school district, annually designated by the Utah School
Superintendents Association;
(ix) the president of the state Parent Teacher Association or his designee;
(x) a representative of an urban local substance abuse [
annually designated by the Utah [
Healthcare Network;
(xi) a representative annually designated by the [
(xii) a representative of a rural local substance abuse [
annually designated by the Utah [
Healthcare Network;
(xiii) a representative annually designated by the Utah Association of Local Health Officers;
(xiv) a representative of the academic and research community who is knowledgeable in the
field of substance abuse or violence prevention, appointed by the governor to serve for two years;
(xv) the director of the [
(xvi) a representative of a community-based organization that provides services to children
appointed by the governor to serve for two years; [
(xvii) one or more members of the religious community appointed by the governor to serve
for two years; and
(xviii) the chair of the Coalition for Tobacco Free Utah or the chair's designee.
(b) Additional committee members may be selected by a majority of the committee to serve
as voting members for two-year terms.
(7) (a) The Judiciary Committee comprises a minimum of 17 voting members as follows:
(i) a juvenile court judge annually designated by the presiding officer of the Judicial Council;
(ii) a district court judge annually designated by the presiding officer of the Judicial Council;
(iii) an appellate court judge annually designated by the presiding officer of the Judicial
Council;
(iv) a justice court judge annually designated by the presiding officer of the Judicial Council;
(v) two court executives annually designated by the presiding officer of the Judicial Council;
(vi) two court administrative officers annually designated by the presiding officer of the
Judicial Council;
(vii) a representative of court treatment or prevention programs annually designated by the
presiding officer of the Judicial Council;
(viii) a representative annually designated by the director of the Division of Substance
Abuse;
(ix) a defense attorney annually designated by the Utah State Bar;
(x) a prosecuting attorney annually designated by the Utah Prosecution Council;
(xi) an assistant attorney general annually designated by the attorney general;
(xii) a director of pupil services from a local school district annually designated by the state
superintendent of public instruction;
(xiii) a law-related education specialist annually designated by the state superintendent of
public instruction;
(xiv) a guardian ad litem annually designated by the presiding officer of the Judicial Council;
and
(xv) a commander of a gang task force, or his designee, appointed by the governor to serve
for two years.
(b) In addition to the members designated under Subsection (7)(a), the presiding federal
judge may annually designate a federal trial judge to be a voting member of the committee.
(c) Additional committee members may be selected by a majority of the committee to serve
as voting members for two-year terms.
Section 12. Section 63-25a-206 is amended to read:
63-25a-206. Duties of committees.
(1) The duties of the Justice, Prevention, and Treatment Committees shall be to recommend
to the council:
(a) a statewide substance abuse and anti-violence policy;
(b) priorities for programs to combat substance abuse and community violence; and
(c) executive, legislative, and judicial action based upon policy needs and identified gaps in
the continuum of services.
(2) The duties of the Judiciary Committee shall be to:
(a) provide a forum for education, coordination, and communication on violence and
drug-related issues that affect the total judicial system; and
(b) enhance multidisciplinary cooperation while preserving judicial independence.
(3) The committees shall meet quarterly or more frequently as determined necessary by the
chairs.
(4) Each committee shall report its recommendations to the Utah Substance Abuse and
Anti-Violence Coordinating Council at the [
Section 13. Section 63C-6-101 is amended to read:
63C-6-101. Creation of commission -- Membership -- Appointment -- Vacancies.
(1) There is created the Utah Seismic Safety Commission consisting of 13 members,
designated as follows:
(a) the commissioner of the Department of Public Safety;
(b) the director of the Division of Comprehensive Emergency Management;
(c) the director of the Utah Geological Survey;
(d) the director of the University of Utah Seismograph Stations;
(e) the executive director of the Utah League of Cities and Towns or his designee;
(f) a representative from the Structural Engineers Association of Utah biannually selected
by the membership;
(g) the director of the Division of Facilities and Construction Management or his designee;
(h) the executive director of the Department of Transportation or his designee;
(i) the State Planning Coordinator or his designee;
(j) a representative from the American Institute of Architects, Utah Section;
(k) a representative from the American Society of Civil Engineers, Utah Section;
(l) a member of the House of Representatives appointed biannually by the speaker of the
House; and
(m) a member of the Senate appointed biannually by the president of the Senate.
[
[
[
commission.
[
appointed for the unexpired term.
Section 14. Section 72-6-115 is amended to read:
72-6-115. Traffic Management Committee -- Appointment -- Duties.
(1) As used in this section, "committee" means the Traffic Management Committee created
in this section.
(2) (a) There is created within the Department of Transportation the Traffic Management
Committee comprising seven members knowledgeable about traffic engineering, traffic flow, or air
quality as follows:
(i) one member designated by the executive director of the department;
(ii) one member designated by the Utah Association of Counties;
(iii) one member designated by the Department of Environmental Quality;
(iv) one member designated by the Wasatch Front Regional Council;
(v) one member designated by the Mountainland Association of Governments;
(vi) one member designated by the Commissioner of Public Safety; and
(vii) one member designated by the Utah League of Cities and Towns.
(b) The committee shall:
(i) advise the department on matters related to the implementation and administration of this
section;
(ii) make recommendations to law enforcement agencies related to traffic flow and incident
management during heavy traffic periods;
(iii) make recommendations to the department on increasing the safety and efficiency of
highways using current traffic management systems, including traffic signal coordination, traffic
monitoring, freeway ramp metering, variable message signing, and incident management; and
(iv) evaluate the cost effectiveness of implementing a specific traffic management system
on a highway considering:
(A) existing traffic volume in the area;
(B) the necessity and potential of reducing vehicle emissions in the area;
(C) the feasibility of the traffic management system on the highway; and
(D) whether traffic congestion will be reduced by the system.
(c) (i) Except as required by Subsection (2)(c)(ii), as terms of current committee members
expire, the [
to a four-year term.
(ii) Notwithstanding the requirements of Subsection (2)(c)(i), the [
authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that
the terms of committee members are staggered so that approximately half of the committee is
appointed every two years.
(d) The committee shall annually elect a chair and a vice chair from its members.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(f) The committee shall meet as it determines necessary to accomplish its duties.
(g) Reasonable notice shall be given to each member of the committee prior to any meeting.
(h) A majority of the committee constitutes a quorum for the transaction of business.
(i) (i) (A) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
and 63A-3-107 .
(B) Members may decline to receive per diem and expenses for their service.
(ii) (A) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the committee at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(B) State government officer and employee members may decline to receive per diem and
expenses for their service.
(iii) (A) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(B) Local government members may decline to receive per diem and expenses for their
service.
(3) (a) The Department of Transportation shall implement and administer traffic
management systems to facilitate the efficient flow of motor vehicle traffic on state highways and
to reduce motor vehicle emissions where cost effective, as determined by the committee in
accordance with criteria under Subsection (2)(b).
(b) A traffic management system shall be designed to allow safe, efficient, and effective:
(i) integration of existing traffic management systems;
(ii) additions of highways and intersections under county and city administrative jurisdiction;
(iii) incorporation of other traffic management systems; and
(iv) adaptation to future traffic needs.
(4) (a) The cost of implementing and administering a traffic management system shall be
shared pro rata by the department and the counties and municipalities using it.
(b) The department shall enter into an agreement or contract under Title 11, Chapter 13,
Interlocal Cooperation Act, with a county or municipality to share costs incurred under this section.
(5) Additional highways and intersections under the administrative jurisdiction of a county
or municipality may be added to a traffic management system upon application of the county or
municipality after:
(a) a recommendation of the committee;
(b) approval by the department;
(c) determination of the appropriate cost share of the addition under Subsection (4)(a); and
(d) an agreement under Subsection (4)(b).
Section 15. Section 76-3-201 is amended to read:
76-3-201. Sentences or combination of sentences allowed -- Civil penalties --
Restitution -- Hearing -- Definitions.
(1) As used in this section:
(a) "Conviction" includes a:
(i) judgment of guilt; and
(ii) plea of guilty.
(b) "Criminal activities" means any offense of which the defendant is convicted or any other
criminal conduct for which the defendant admits responsibility to the sentencing court with or
without an admission of committing the criminal conduct.
(c) "Pecuniary damages" means all special damages, but not general damages, which a
person could recover against the defendant in a civil action arising out of the facts or events
constituting the defendant's criminal activities and includes the money equivalent of property taken,
destroyed, broken, or otherwise harmed, and losses including earnings and medical expenses.
(d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a victim,
including the accrual of interest from the time of sentencing, insured damages, and payment for
expenses to a governmental entity for extradition or transportation and as further defined in
Subsection (4)(c).
(e) (i) "Victim" means any person whom the court determines has suffered pecuniary
damages as a result of the defendant's criminal activities.
(ii) "Victim" does not include any coparticipant in the defendant's criminal activities.
(2) Within the limits prescribed by this chapter, a court may sentence a person convicted of
an offense to any one of the following sentences or combination of them:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) to probation unless otherwise specifically provided by law;
(d) to imprisonment;
(e) to life imprisonment;
(f) on or after April 27, 1992, to life in prison without parole; or
(g) to death.
(3) (a) This chapter does not deprive a court of authority conferred by law to:
(i) forfeit property;
(ii) dissolve a corporation;
(iii) suspend or cancel a license;
(iv) permit removal of a person from office;
(v) cite for contempt; or
(vi) impose any other civil penalty.
(b) A civil penalty may be included in a sentence.
(4) (a) (i) When a person is convicted of criminal activity that has resulted in pecuniary
damages, in addition to any other sentence it may impose, the court shall order that the defendant
make restitution to victims of crime as provided in this subsection, or for conduct for which the
defendant has agreed to make restitution as part of a plea agreement. For purposes of restitution,
a victim has the meaning as defined in Subsection (1)(e).
(ii) In determining whether restitution is appropriate, the court shall follow the criteria and
procedures as provided in Subsections (4)(c) and (4)(d).
(iii) If the court finds the defendant owes restitution, the clerk of the court shall enter an
order of complete restitution as defined in Subsection (8)(b) on the civil judgment docket and
provide notice of the order to the parties.
(iv) The order is considered a legal judgment enforceable under the Utah Rules of Civil
Procedure, and the person in whose favor the restitution order is entered may seek enforcement of
the restitution order in accordance with the Utah Rules of Civil Procedure. In addition, the
Department of Corrections may, on behalf of the person in whose favor the restitution order is
entered, enforce the restitution order as judgment creditor under the Utah Rules of Civil Procedure.
(v) If the defendant fails to obey a court order for payment of restitution and the victim or
department elects to pursue collection of the order by civil process, the victim shall be entitled to
recover reasonable attorney's fees.
(vi) A judgment ordering restitution constitutes a lien when recorded in a judgment docket
and shall have the same effect and is subject to the same rules as a judgment for money in a civil
action. Interest shall accrue on the amount ordered from the time of sentencing.
(vii) The Department of Corrections shall make rules permitting the restitution payments to
be credited to principal first and the remainder of payments credited to interest in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(b) (i) If a defendant has been extradited to this state under Title 77, Chapter 30, Extradition,
to resolve pending criminal charges and is convicted of criminal activity in the county to which he
has been returned, the court may, in addition to any other sentence it may impose, order that the
defendant make restitution for costs expended by any governmental entity for the extradition.
(ii) In determining whether restitution is appropriate, the court shall consider the criteria in
Subsection (4)(c).
(c) In determining restitution, the court shall determine complete restitution and
court-ordered restitution.
(i) Complete restitution means the restitution necessary to compensate a victim for all losses
caused by the defendant.
(ii) Court-ordered restitution means the restitution the court having criminal jurisdiction
orders the defendant to pay as a part of the criminal sentence at the time of sentencing.
(iii) Complete restitution and court-ordered restitution shall be determined as provided in
Subsection (8).
(d) (i) If the court determines that restitution is appropriate or inappropriate under this
subsection, the court shall make the reasons for the decision a part of the court record.
(ii) In any civil action brought by a victim to enforce the judgment, the defendant shall be
entitled to offset any amounts that have been paid as part of court-ordered restitution to the victim.
(iii) A judgment ordering restitution constitutes a lien when recorded in a judgment docket
and shall have the same effect and is subject to the same rules as a judgment for money in a civil
action. Interest shall accrue on the amount ordered from the time of sentencing.
(iv) The Department of Corrections shall make rules permitting the restitution payments to
be credited to principal first and the remainder of payments credited to interest in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(e) If the defendant objects to the imposition, amount, or distribution of the restitution, the
court shall at the time of sentencing allow the defendant a full hearing on the issue.
(5) (a) In addition to any other sentence the court may impose, the court shall order the
defendant to pay restitution of governmental transportation expenses if the defendant was:
(i) transported pursuant to court order from one county to another within the state at
governmental expense to resolve pending criminal charges;
(ii) charged with a felony or a class A, B, or C misdemeanor; and
(iii) convicted of a crime.
(b) The court may not order the defendant to pay restitution of governmental transportation
expenses if any of the following apply:
(i) the defendant is charged with an infraction or on a subsequent failure to appear a warrant
is issued for an infraction; or
(ii) the defendant was not transported pursuant to a court order.
(c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i) shall
be calculated according to the following schedule:
(A) $75 for up to 100 miles a defendant is transported;
(B) $125 for 100 up to 200 miles a defendant is transported; and
(C) $250 for 200 miles or more a defendant is transported.
(ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
transported regardless of the number of defendants actually transported in a single trip.
(6) (a) If a statute under which the defendant was convicted mandates that one of three stated
minimum terms shall be imposed, the court shall order imposition of the term of middle severity
unless there are circumstances in aggravation or mitigation of the crime.
(b) Prior to or at the time of sentencing, either party may submit a statement identifying
circumstances in aggravation or mitigation or presenting additional facts. If the statement is in
writing, it shall be filed with the court and served on the opposing party at least four days prior to
the time set for sentencing.
(c) In determining whether there are circumstances that justify imposition of the highest or
lowest term, the court may consider the record in the case, the probation officer's report, other
reports, including reports received under Section 76-3-404 , statements in aggravation or mitigation
submitted by the prosecution or the defendant, and any further evidence introduced at the sentencing
hearing.
(d) The court shall set forth on the record the facts supporting and reasons for imposing the
upper or lower term.
(e) [
guidelines regarding [
promulgated by the Sentencing Commission [
(7) If during the commission of a crime described as child kidnaping, rape of a child, object
rape of a child, sodomy upon a child, or sexual abuse of a child, the defendant causes substantial
bodily injury to the child, and if the charge is set forth in the information or indictment and admitted
by the defendant, or found true by a judge or jury at trial, the defendant shall be sentenced to the
highest minimum term in state prison. This subsection takes precedence over any conflicting
provision of law.
(8) (a) For the purpose of determining restitution for an offense, the offense shall include any
criminal conduct admitted by the defendant to the sentencing court or to which the defendant agrees
to pay restitution. A victim of an offense, that involves as an element a scheme, a conspiracy, or a
pattern of criminal activity, includes any person directly harmed by the defendant's criminal conduct
in the course of the scheme, conspiracy, or pattern.
(b) In determining the monetary sum and other conditions for complete restitution, the court
shall consider all relevant facts, including:
(i) the cost of the damage or loss if the offense resulted in damage to or loss or destruction
of property of a victim of the offense;
(ii) the cost of necessary medical and related professional services and devices relating to
physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in
accordance with a method of healing recognized by the law of the place of treatment; the cost of
necessary physical and occupational therapy and rehabilitation; and the income lost by the victim as
a result of the offense if the offense resulted in bodily injury to a victim; and
(iii) the cost of necessary funeral and related services if the offense resulted in the death of
a victim.
(c) In determining the monetary sum and other conditions for court-ordered restitution, the
court shall consider the factors listed in Subsection (8)(b) and:
(i) the financial resources of the defendant and the burden that payment of restitution will
impose, with regard to the other obligations of the defendant;
(ii) the ability of the defendant to pay restitution on an installment basis or on other
conditions to be fixed by the court;
(iii) the rehabilitative effect on the defendant of the payment of restitution and the method
of payment; and
(iv) other circumstances which the court determines make restitution inappropriate.
(d) The court may decline to make an order or may defer entering an order of restitution if
the court determines that the complication and prolongation of the sentencing process, as a result of
considering an order of restitution under this subsection, substantially outweighs the need to provide
restitution to the victim.
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