S.B. 236 Enrolled

1

JUDICIARY AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lyle W. Hillyard
5 House Sponsor: Kay L. McIff
6
7 LONG TITLE
8 General Description:
9 This bill makes technical changes to the judiciary statutes and conforming changes
10 throughout the code.
11 Highlighted Provisions:
12 This bill:
13 . clarifies requirements for judicial review of an order of restriction in situations which
14 may pose a threat to public health;
15 . clarifies that the district court has appellate jurisdiction over justice and small claims
16 court decisions;
17 . clarifies juvenile court jurisdiction;
18 . eliminates the requirement that the petitioner on a child protective order notify the
19 court of their current address 30 days before the expiration date;
20 . sets a specific time period for a child protective order; and
21 . clarifies justice court jurisdiction over minors.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 10-3-1106, as last amended by Laws of Utah 2004, Chapter 260
29 26-6b-3, as last amended by Laws of Utah 2006, Chapter 185

30 26-6b-3.3, as enacted by Laws of Utah 2006, Chapter 185
31 26-6b-3.4, as enacted by Laws of Utah 2006, Chapter 185
32 26-6b-4, as last amended by Laws of Utah 2006, Chapter 185
33 26-6b-5, as last amended by Laws of Utah 2006, Chapter 185
34 26-6b-6, as last amended by Laws of Utah 2007, Chapter 38
35 78A-5-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
36 78A-6-103, as renumbered and amended by Laws of Utah 2008, Chapter 3
37 78A-7-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
38 78B-7-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
39 78B-7-205, as renumbered and amended by Laws of Utah 2008, Chapter 3
40 REPEALS:
41 78A-7-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 10-3-1106 is amended to read:
45 10-3-1106. Discharge, suspension without pay, or involuntary transfer -- Appeals
46 -- Board -- Procedure.
47 (1) An employee to which Section 10-3-1105 applies may not be discharged, suspended
48 without pay, or involuntarily transferred to a position with less remuneration:
49 (a) because of the employee's politics or religious belief; or
50 (b) incident to, or through changes, either in the elective officers, governing body, or
51 heads of departments.
52 (2) (a) If an employee is discharged, suspended for more than two days without pay, or
53 involuntarily transferred from one position to another with less remuneration for any reason, the
54 employee may, subject to Subsection (2)(b), appeal the discharge, suspension without pay, or
55 involuntary transfer to a board to be known as the appeal board, established under Subsection
56 (7).
57 (b) If the municipality provides an internal grievance procedure, the employee shall

58 exhaust the employee's rights under that grievance procedure before appealing to the board.
59 (3) (a) Each appeal under Subsection (2) shall be taken by filing written notice of the
60 appeal with the municipal recorder within ten days after:
61 (i) if the municipality provides an internal grievance procedure, the employee receives
62 notice of the final disposition of the municipality's internal grievance procedure; or
63 (ii) if the municipality does not provide an internal grievance procedure, the discharge,
64 suspension, or involuntary transfer.
65 (b) (i) Upon the filing of an appeal under Subsection (3)(a), the municipal recorder shall
66 forthwith refer a copy of the appeal to the appeal board.
67 (ii) Upon receipt of the referral from the municipal recorder, the appeal board shall
68 forthwith commence its investigation, take and receive evidence, and fully hear and determine
69 the matter which relates to the cause for the discharge, suspension, or transfer.
70 (4) An employee who is the subject of the discharge, suspension, or transfer may:
71 (a) appear in person and be represented by counsel;
72 (b) have a public hearing;
73 (c) confront the witness whose testimony is to be considered; and
74 (d) examine the evidence to be considered by the appeal board.
75 (5) (a) (i) Each decision of the appeal board shall be by secret ballot, and shall be
76 certified to the recorder within 15 days from the date the matter is referred to it, except as
77 provided in Subsection (5)(a)(ii).
78 (ii) For good cause, the board may extend the 15-day period under Subsection (5)(a)(i)
79 to a maximum of 60 days, if the employee and municipality both consent.
80 (b) If it finds in favor of the employee, the board shall provide that the employee shall
81 receive:
82 (i) the employee's salary for the period of time during which the employee is discharged
83 or suspended without pay; or
84 (ii) any deficiency in salary for the period during which the employee was transferred to
85 a position of less remuneration.

86 (6) (a) A final action or order of the appeal board may be [appealed to] reviewed by the
87 Court of Appeals by filing with that court a [notice of appeal] petition for review.
88 (b) Each [notice of appeal] petition under Subsection (6)(a) shall be filed within 30 days
89 after the issuance of the final action or order of the appeal board.
90 (c) The Court of Appeals' review shall be on the record of the appeal board and for the
91 purpose of determining if the appeal board abused its discretion or exceeded its authority.
92 (7) (a) The method and manner of choosing the members of the appeal board, the
93 number of members, the designation of their terms of office, and the procedure for conducting
94 an appeal and the standard of review shall be prescribed by the governing body of each
95 municipality by ordinance.
96 (b) For a municipality operating under a form of government other than a
97 council-mayor form under Part 12, Optional Forms of Municipal Government Act, an ordinance
98 adopted under Subsection (7)(a) may provide that the governing body of the municipality shall
99 serve as the appeal board.
100 Section 2. Section 26-6b-3 is amended to read:
101 26-6b-3. Order of restriction.
102 (1) The department having jurisdiction over the location where an individual or a group
103 of individuals who are subject to restriction are found, may:
104 (a) issue a written order of restriction for the individual or group of individuals pursuant
105 to Subsection 26-1-30 (2) or 26A-1-114 (1)(b) upon compliance with the requirements of this
106 chapter; and
107 (b) issue a verbal order of restriction for an individual or group of individuals pursuant
108 to Subsection (2)(c).
109 (2) (a) A department's determination to issue an order of restriction shall be based upon
110 the totality of circumstances reported to and known by the department, including:
111 (i) observation;
112 (ii) information that the department determines is credible and reliable information; and
113 (iii) knowledge of current public health risks based on medically accepted guidelines as

114 may be established by the Department of Health by administrative rule.
115 (b) An order of restriction issued by a department must:
116 (i) in the opinion of the public health official, be for the shortest reasonable period of
117 time necessary to protect the public health;
118 (ii) use the least intrusive method of restriction that, in the opinion of the department, is
119 reasonable based on the totality of circumstances known to the health department issuing the
120 order of restriction;
121 (iii) be in writing unless the provisions of Subsection (2)(c) apply; and
122 (iv) contain notice of an individual's rights as required in Section 26-6b-3.3 .
123 (c) (i) A department may issue a verbal order of restriction, without prior notice to the
124 individual or group of individuals if the delay in imposing a written order of restriction would
125 significantly jeopardize the department's ability to prevent or limit:
126 (A) the transmission of a communicable or possibly communicable disease that poses a
127 threat to public health;
128 (B) the transmission of an infectious agent or possibly infectious agent that poses a
129 threat to public health; [or]
130 (C) the exposure or possible exposure of a chemical or biological agent that poses a
131 threat to public health; or
132 (D) the exposure or transmission of a condition that poses a threat to public health.
133 (ii) A verbal order of restriction issued under the provisions of Subsection (2)(c)(i):
134 (A) is valid for 24 hours from the time the order of restriction is issued;
135 (B) may be verbally communicated to the individuals or group of individuals subject to
136 restriction by a first responder;
137 (C) may be enforced by the first responder until the department is able to establish and
138 maintain the place of restriction; and
139 (D) may only be continued beyond the initial 24 hours if a written order of restriction is
140 issued pursuant to the provisions of Section 26-6b-3.3 .
141 (3) Pending issuance of a written order of restriction under Section 26-6b-3.3 , or

142 judicial review of an order of restriction by the district court pursuant to Section 26-6b-6 , an
143 individual who is subject to the order of restriction may be required to submit to involuntary
144 examination, quarantine, isolation, or treatment in his home, a hospital, or any other suitable
145 facility under reasonable conditions prescribed by the department.
146 (4) The department that issued the order of restriction shall take reasonable measures,
147 including the provision of medical care, as may be necessary to assure proper care related to the
148 reason for the involuntary examination, treatment, isolation, or quarantine of an individual
149 ordered to submit to an order of restriction.
150 Section 3. Section 26-6b-3.3 is amended to read:
151 26-6b-3.3. Contents of notice of order of restriction -- Rights of individuals.
152 (1) A written order of restriction issued by a department shall include the following
153 information:
154 (a) the identity of the individual or a description of the group of individuals subject to
155 the order of restriction;
156 (b) the identity or location of any premises that may be subject to restriction;
157 (c) the date and time for which the restriction begins and the expected duration of the
158 restriction;
159 (d) the suspected communicable disease, infectious, chemical or biological agent, or
160 other condition that poses a threat to public health;
161 (e) the requirements for termination of the order of restriction, such as necessary
162 laboratory reports, the expiration of an incubation period, or the completion of treatment for the
163 communicable disease;
164 (f) any conditions on the restriction, such as limitation of visitors or requirements for
165 medical monitoring;
166 (g) the medical or scientific information upon which the restriction is based;
167 (h) a statement advising of the right to a judicial review of the order of restriction by the
168 district court; and
169 (i) pursuant to Subsection (2), the rights of each individual subject to restriction.

170 (2) An individual subject to restriction has the following rights:
171 (a) the right to be represented by legal counsel in any judicial review of the order of
172 restriction in accordance with Subsection 26-6b-4 (3);
173 (b) the right to be provided with prior notice of the date, time, and location of any
174 hearing concerning the order of restriction;
175 (c) the right to participate in any hearing, in a manner established by the court based on
176 precautions necessary to prevent additional exposure to communicable or possibly
177 communicable diseases or to protect the public health;
178 (d) the right to respond and present evidence and arguments on the individual's own
179 behalf in any hearing;
180 (e) the right to cross examine witnesses; and
181 (f) the right to review and copy all records in the possession of the department that
182 issued the order of restriction which relate to the subject of the written order of restriction.
183 (3) (a) Notwithstanding the provisions of Subsection (1), if a department issues an
184 order of restriction for a group of individuals, the department may modify the method of
185 providing notice to the group or modify the information contained in the notice, if the public
186 health official determines the modification of the notice is necessary to:
187 (i) protect the privacy of medical information of individuals in the group; or
188 (ii) provide notice to the group in a manner that will efficiently and effectively notify the
189 individuals in the group within the period of time necessary to protect the public health.
190 (b) When a department modifies notice to a group of individuals under Subsection
191 (3)(a), the department shall provide each individual in the group with notice that complies with
192 the provisions of Subsection (1) as soon as reasonably practical.
193 (4) (a) In addition to the rights of an individual described in Subsections (1) and (2), an
194 individual subject to an order of restriction may not be terminated from employment if the
195 reason for termination is based solely on the fact that the individual is or was subject to an order
196 of restriction.
197 (b) The department issuing the order of restriction shall give the individual subject to

198 the order of restriction notice of the individual's employment rights under Subsection (4)(a).
199 (c) An employer in the state, including an employer who is the state or a political
200 subdivision of the state, may not violate the provisions of Subsection (4)(a).
201 Section 4. Section 26-6b-3.4 is amended to read:
202 26-6b-3.4. Medical records -- Privacy protections.
203 (1) (a) Health care providers as defined in Section 78-14-3 , health care facilities
204 licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and
205 governmental entities, shall, when requested, provide the public health official and the individual
206 subject to an order of restriction, a copy of medical records that are relevant to the order of
207 restriction.
208 (b) The records requested under Subsection (1)(a) shall be provided as soon as
209 reasonably possible after the request is submitted to the health care provider or health care
210 facility, or as soon as reasonably possible after the health care provider or facility receives the
211 results of any relevant diagnostic testing of the individual.
212 (2) (a) The production of records under the provisions of this section is for the benefit
213 of the public health and safety of the citizens of the state. A health care provider or facility is
214 encouraged to provide copies of medical records or other records necessary to carry out the
215 purpose of this chapter free of charge.
216 (b) Notwithstanding the provisions of Subsection (2)(c), a health care facility that is a
217 state governmental entity shall provide medical records or other records necessary to carry out
218 the purposes of this chapter, free of charge.
219 (c) If a health care provider or health care facility does not provide medical records free
220 of charge under the provisions of Subsection (2)(a) or (b), the health care provider or facility
221 may charge a fee for the records that does not exceed the presumed reasonable charges
222 established for workers' compensation by administrative rule adopted by the Labor Commission.
223 (3) Medical records held by a court related to orders of restriction under this chapter
224 shall be sealed by the district court at the conclusion of the case.
225 Section 5. Section 26-6b-4 is amended to read:

226 26-6b-4. Judicial review by the district court -- Required notice -- Representation
227 by counsel -- Conduct of proceedings.
228 (1) The provisions of this section and Sections 26-6b-5 through 26-6b-7 apply if a
229 department issues an order for restriction, and:
230 (a) an individual subject to the order of restriction refuses to consent to the order of
231 restriction;
232 (b) an individual subject to an order of restriction has withdrawn consent to an order of
233 restriction under the provisions of Subsection 26-6b-3.1 (1)(b)(iv)(B); or
234 (c) the department chooses to not attempt to obtain consent to an order of restriction
235 and files an action for judicial review of the order of restriction.
236 (2) (a) If the individual who is subject to an order of restriction is in custody, the
237 department, which is the petitioner, shall provide to the individual written notice of the petition
238 for judicial review of the order of restriction and hearings held pursuant to Sections 26-6b-5
239 through 26-6b-7 as soon as practicable, and shall send the notice to the legal guardian, legal
240 counsel for the parties involved, and any other persons and immediate adult family members
241 whom the individual or the district court designates. The notice shall advise these persons that a
242 hearing may be held within the time provided by this chapter.
243 (b) If the individual has refused to permit release of information necessary for the
244 provision of notice under this Subsection (2), the extent of notice shall be determined by the
245 district court.
246 (c) Notwithstanding the notice requirement in Subsection (2)(a), if the court determines
247 that written notice to each individual in a group of individuals subject to an order of restriction
248 is not practical considering the circumstances of the threat to public health, the court may order
249 the department to provide notice to the individual or group of individuals in a manner
250 determined by the court.
251 (3) (a) If the individual who is subject to an order of restriction is in custody, he shall be
252 afforded an opportunity to be represented by counsel. If neither the individual nor others
253 provide for counsel, the district court shall appoint counsel and allow counsel sufficient time to

254 consult with the individual prior to the hearing. If the individual is indigent, the payment of
255 reasonable [attorneys'] attorney fees for counsel, as determined by the district court, shall be
256 made by the county in which the individual resides or was found.
257 (b) The [individual, the petitioner, and all other persons to whom notice is required to
258 be given shall be afforded an opportunity to] parties may appear at the hearings, to testify, and
259 to present and cross-examine witnesses. The district court may, in its discretion, receive the
260 testimony of any other individual.
261 (c) The district court may allow a waiver of the individual's right to appear only for
262 good cause shown, and that cause shall be made a part of the court record.
263 (d) The district court may order that the individual participate in the hearing by
264 telephonic or other electronic means if the individual's condition poses a health threat to those
265 who physically attend the hearing or to others if the individual is transported to the court.
266 (4) The district court may, in its discretion, order that the individual be moved to a
267 more appropriate treatment, quarantine, or isolation facility outside of its jurisdiction, and may
268 transfer the proceedings to any other district court within this state where venue is proper,
269 provided that the transfer will not be adverse to the legal interests of the individual.
270 (5) All persons to whom notice is required to be given may attend the hearings. The
271 district court may exclude from the hearing all persons not necessary for the conduct of the
272 proceedings.
273 (6) All hearings shall be conducted in as informal a manner as may be consistent with
274 orderly procedure, and in a physical setting that is not likely to have a harmful effect on the
275 health of the individual or others required to participate in the hearing.
276 (7) The district court shall receive all relevant and material evidence which is offered,
277 subject to Utah Rules of Evidence.
278 (8) The district court may order law enforcement to assist the petitioner in locating the
279 individuals subject to restriction and enforcing the order of restriction.
280 Section 6. Section 26-6b-5 is amended to read:
281 26-6b-5. Petition for judicial review of order of restriction -- Court-ordered

282 examination period.
283 (1) (a) A department may petition for a judicial review of the department's order of
284 restriction for an individual or group of individuals who are subject to restriction by filing a
285 written petition with the district court of the county in which the individual or group of
286 individuals reside or are located.
287 (b) (i) The county attorney for the county where the individual or group of individuals
288 reside or are located shall represent the local health department in any proceedings under this
289 chapter.
290 (ii) The Office of the Attorney General shall represent the department when the
291 petitioner is the Department of Health in any proceedings under this chapter.
292 (2) The [application] petition under Subsection (1) shall be accompanied by:
293 (a) written affidavit of the department stating:
294 (i) a belief the individual or group of individuals are subject to restriction;
295 (ii) a belief that the individual or group of individuals who are subject to restriction are
296 likely to fail to submit to examination, treatment, quarantine, or isolation if not immediately
297 restrained;
298 (iii) this failure would pose a threat to the public health; and
299 (iv) the personal knowledge of the individual's or group of individuals' condition or the
300 circumstances that lead to that belief; and
301 (b) a written statement by a licensed physician indicating the physician finds the
302 individual or group of individuals are subject to restriction.
303 (3) The court shall issue an [examination] order of restriction requiring the individual or
304 group of individuals to submit to involuntary restriction to protect the public health if the
305 district court finds:
306 (a) there is a reasonable basis to believe that the individual's or group of individuals'
307 condition requires involuntary examination, quarantine, treatment, or isolation pending
308 examination and hearing; or
309 (b) the individual or group of individuals have refused to submit to examination by a

310 health professional as directed by the department or to voluntarily submit to examination,
311 treatment, quarantine, or isolation.
312 (4) If the individual or group of individuals who are subject to restriction are not in
313 custody, the court may make its determination and issue its [examination] order of restriction in
314 an ex parte hearing.
315 (5) At least 24 hours prior to the hearing required by Section 26-6b-6 , the department
316 which is the petitioner, shall report to the court, in writing, the opinion of qualified health care
317 providers:
318 (a) regarding whether the individual or group of individuals are infected by or
319 contaminated with:
320 (i) [are afflicted with an infectious] a communicable or possible communicable disease
321 that [is] poses a threat to [the] public health;
322 (ii) [are contaminated with a chemical or biological] an infectious agent or possibly
323 infectious agent that [is] poses a threat to [the] public health; [or]
324 (iii) [are in a condition, the exposure to which] a chemical or biological agent that poses
325 a threat to public health; or
326 (iv) a condition that poses a threat to public health;
327 (b) that despite the exercise of reasonable diligence, the diagnostic studies have not
328 been completed;
329 (c) whether the individual or group of individuals have agreed to voluntarily comply
330 with necessary examination, treatment, quarantine, or isolation; and
331 (d) whether the petitioner believes the individual or group of individuals will comply
332 without court proceedings.
333 Section 7. Section 26-6b-6 is amended to read:
334 26-6b-6. Court determination for an order of restriction after examination
335 period.
336 (1) The district court shall set a hearing regarding the involuntary order of restriction of
337 an individual or group of individuals, to be held within ten business days of the issuance of its

338 [examination] order of restriction issued pursuant to Section 26-6b-5 , unless the petitioner
339 informs the district court prior to this hearing that the individual or group of individuals:
340 (a) are not subject to restriction; or
341 (b) have stipulated to the issuance of an order of restriction.
342 [(2) (a) If the individual or group of individuals are not subject to restriction, the court
343 may, without taking any further action, terminate the proceedings and dismiss the petition.]
344 [(b)] (2) If the individual or an individual in a group of individuals has stipulated to the
345 issuance of an order of restriction, the court may issue an order as provided in Subsection (6)
346 for those individuals without further hearing.
347 (3) (a) If the examination report required in Section 26-6b-5 proves the individual or
348 group of individuals are not subject to restriction, the court may without further hearing
349 terminate the proceedings and dismiss the petition.
350 (b) The court may, after a hearing at which the individual or group of individuals are
351 present in person or by telephonic or other electronic means and have had the opportunity to be
352 represented by counsel, extend its [examination] order of restriction for a reasonable period, not
353 to exceed 90 days, if the court has reason to believe the individual or group of individuals are
354 infected by or contaminated with:
355 (i) [are contaminated with a chemical or biological agent] a communicable or possibly
356 communicable disease that [is] poses a threat to [the] public health; [or]
357 (ii) an infectious agent or possibly infectious agent that poses a threat to public health;
358 (iii) a chemical or biological agent that poses a threat to public health; or
359 [(ii) are in] (iv) a condition[, the exposure to which] that poses a threat to public
360 health, but, despite the exercise of reasonable diligence the diagnostic studies have not been
361 completed.
362 (4) The petitioner shall, at the time of the hearing, provide the district court with the
363 following items, to the extent that they have been issued or are otherwise available:
364 (a) the order of restriction issued by the petitioner;
365 (b) admission notes if any individual was hospitalized; and

366 (c) medical records pertaining to the current order of restriction.
367 (5) The information provided to the court under Subsection (4) shall also be provided
368 to the individual's or group of individual's counsel at the time of the hearing, and at any time
369 prior to the hearing upon request of counsel.
370 (6) (a) The district court shall order the individual and each individual in a group of
371 individuals to submit to the order of restriction if, upon completion of the hearing and
372 consideration of the record, it finds by clear and convincing evidence that:
373 (i) the individual or group of individuals are infected with a communicable disease or
374 infectious agent, are contaminated with a chemical or biological agent, or are in a condition[,
375 the exposure to which] that poses a threat to public health[, or are in a condition which if
376 treatment is not completed the individual or group of individuals will pose a threat to public
377 health];
378 (ii) there is no appropriate and less restrictive alternative to a court order of
379 examination, quarantine, isolation, and treatment, or any of them;
380 (iii) the petitioner can provide the individual or group of individuals with treatment that
381 is adequate and appropriate to the individual's or group of in