H.B. 155

1

UTAH COMMUNICATION AGENCY NETWORK AND UTAH
2 911 COMMITTEE AMENDMENTS
3 2014 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brad L. Dee
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill merges the Utah Communications Agency Network, an independent state
11 agency, and the Utah 911 Committee into an independent state agency named the Utah
12 Communications Authority.
13 Highlighted Provisions:
14 This bill:
15 . renames the Utah Communications Agency Network the Utah Communications
16 Authority (UCA);
17 . moves the statutory provisions for the Utah Communications Agency Network from
18 Title 63C, State Commissions and Councils Code to Title 63H, Independent State
19 Entities;
20 . amends definitions;
21 . amends the duties of UCA to include:
22 . administering the program established for the computer aided dispatch system;
23 and
24 . coordination with the Utah 911 Committee;
25 . amends the membership of the UCA governing board and incorporates members of
26 the Statewide Communications and Interoperability Committee into the governing
27 board;

28 . creates the Office of the 911 Program Manager to provide staff and support to the
29 Utah 911 Committee;
30 . moves Title 53, Chapter 10, Part 6, Coordination of Statewide 911 Emergency
31 Communications, into Title 63H, Chapter 7, Utah Communications Authority Act;
32 . amends membership of the Utah 911 committee;
33 . amends the duties of the Utah 911 committee;
34 . creates the Radio Network Division in UCA to provide technical staff and support
35 to UCA;
36 . creates the Office of Statewide Interoperability Coordinator in UCA and establishes
37 its duties;
38 . establishes the Computer Aided Dispatch Restricted Account within the General
39 Fund administered by the Division of Finance;
40 . modifies the distribution of revenue collected from the wireless 911 charges;
41 . provides transition language that instructs the Division of Finance, the Department
42 of Technology Services, the Division of Facilities and Construction Management,
43 and the Department of Human Resource Management regarding the transfer of
44 employees, benefits, property, equipment, and assets into UCA; and
45 . makes technical amendments.
46 Money Appropriated in this Bill:
47 None
48 Other Special Clauses:
49 This bill provides an effective date.
50 Utah Code Sections Affected:
51 AMENDS:
52 26-8b-102 , as last amended by Laws of Utah 2013, Chapters 98 and 99
53 59-1-403 , as last amended by Laws of Utah 2013, Chapter 310
54 63A-4-205.5 , as enacted by Laws of Utah 1997, Chapter 136
55 63E-1-102 , as last amended by Laws of Utah 2013, Chapter 220
56 63G-2-305 , as last amended by Laws of Utah 2013, Chapters 12, 445, and 447
57 63I-1-269 , as last amended by Laws of Utah 2011, Chapter 199
58 63I-4a-102 , as renumbered and amended by Laws of Utah 2013, Chapter 325

59 63J-1-201 , as last amended by Laws of Utah 2013, Chapters 158, 167, and 413
60 63J-7-102 , as last amended by Laws of Utah 2013, Chapters 28 and 295
61 69-2-2 , as last amended by Laws of Utah 2012, Chapter 369
62 69-2-3 , as enacted by Laws of Utah 1986, Chapter 33
63 69-2-4 , as last amended by Laws of Utah 2008, Chapter 360
64 69-2-5 , as last amended by Laws of Utah 2012, Chapter 326
65 69-2-5.5 , as last amended by Laws of Utah 2012, Chapter 326
66 69-2-5.6 , as last amended by Laws of Utah 2012, Chapter 326
67 69-2-5.7 , as last amended by Laws of Utah 2012, Chapter 326
68 ENACTS:
69 63H-7-301 , Utah Code Annotated 1953
70 63H-7-308 , Utah Code Annotated 1953
71 63H-7-309 , Utah Code Annotated 1953
72 63H-7-310 , Utah Code Annotated 1953
73 RENUMBERS AND AMENDS:
74 63H-7-101 , (Renumbered from 63C-7-101, as enacted by Laws of Utah 1997, Chapter
75 136)
76 63H-7-102 , (Renumbered from 63C-7-102, as last amended by Laws of Utah 2013,
77 Chapter 197)
78 63H-7-103 , (Renumbered from 63C-7-103, as last amended by Laws of Utah 2007,
79 Chapter 329)
80 63H-7-201 , (Renumbered from 63C-7-201, as enacted by Laws of Utah 1997, Chapter
81 136)
82 63H-7-202 , (Renumbered from 63C-7-202, as last amended by Laws of Utah 2013,
83 Chapter 197)
84 63H-7-203 , (Renumbered from 63C-7-205, as last amended by Laws of Utah 2013,
85 Chapter 197)
86 63H-7-204 , (Renumbered from 63C-7-206, as enacted by Laws of Utah 1997, Chapter
87 136)
88 63H-7-205 , (Renumbered from 63C-7-207, as enacted by Laws of Utah 1997, Chapter
89 136)

90 63H-7-302 , (Renumbered from 53-10-601, as last amended by Laws of Utah 2008,
91 Chapter 77)
92 63H-7-303 , (Renumbered from 53-10-602, as last amended by Laws of Utah 2010,
93 Chapters 278 and 307)
94 63H-7-304 , (Renumbered from 53-10-603, as last amended by Laws of Utah 2010,
95 Chapters 278 and 307)
96 63H-7-305 , (Renumbered from 53-10-604, as last amended by Laws of Utah 2011,
97 Chapter 309)
98 63H-7-306 , (Renumbered from 53-10-605, as last amended by Laws of Utah 2010,
99 Chapter 278)
100 63H-7-307 , (Renumbered from 53-10-606, as last amended by Laws of Utah 2010,
101 Chapters 278 and 323)
102 63H-7-401 , (Renumbered from 63C-7-301, as enacted by Laws of Utah 1997, Chapter
103 136)
104 63H-7-402 , (Renumbered from 63C-7-302, as enacted by Laws of Utah 1997, Chapter
105 136)
106 63H-7-403 , (Renumbered from 63C-7-303, as enacted by Laws of Utah 1997, Chapter
107 136)
108 63H-7-404 , (Renumbered from 63C-7-304, as enacted by Laws of Utah 1997, Chapter
109 136)
110 63H-7-405 , (Renumbered from 63C-7-305, as enacted by Laws of Utah 1997, Chapter
111 136)
112 63H-7-406 , (Renumbered from 63C-7-306, as last amended by Laws of Utah 2009,
113 Chapter 388)
114 63H-7-501 , (Renumbered from 63C-7-208, as enacted by Laws of Utah 1997, Chapter
115 136)
116 63H-7-502 , (Renumbered from 63C-7-209, as enacted by Laws of Utah 1997, Chapter
117 136)
118 63H-7-503 , (Renumbered from 63C-7-210, as last amended by Laws of Utah 2013,
119 Chapter 220)
120 63H-7-504 , (Renumbered from 63C-7-211, as last amended by Laws of Utah 1999,

121 Chapter 21)
122 REPEALS:
123 63C-7-203 , as enacted by Laws of Utah 1997, Chapter 136
124 63C-7-204 , as last amended by Laws of Utah 2013, Chapter 197
125 63F-1-801 , as enacted by Laws of Utah 2009, Chapter 195
126 63F-1-802 , as enacted by Laws of Utah 2009, Chapter 195
127 Uncodified Material Affected:
128 ENACTS UNCODIFIED MATERIAL
129
130 Be it enacted by the Legislature of the state of Utah:
131 Section 1. Section 26-8b-102 is amended to read:
132 26-8b-102. Definitions.
133 As used in this chapter:
134 (1) "Account" means the Automatic External Defibrillator Restricted Account, created
135 in Section 26-8b-602 .
136 (2) "Automatic external defibrillator" or "AED" means an automated or automatic
137 computerized medical device that:
138 (a) has received pre-market notification approval from the United States Food and
139 Drug Administration, pursuant to Section 360(k), Title 21 of the United States Code;
140 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
141 ventricular tachycardia;
142 (c) is capable of determining, without intervention by an operator, whether
143 defibrillation should be performed; and
144 (d) upon determining that defibrillation should be performed, automatically charges,
145 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
146 to a person's heart.
147 (3) "Bureau" means the Bureau of Emergency Medical Services, within the department.
148 (4) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
149 chest compression applied to a person who is unresponsive and not breathing.
150 (5) "Emergency medical dispatch center" means a public safety answering point, as
151 defined in Section [ 63C-7-103 ] 63H-7-103 , that is designated as an emergency medical

152 dispatch center by the bureau.
153 (6) "Sudden cardiac arrest" means a life-threatening condition that results when a
154 person's heart stops or fails to produce a pulse.
155 Section 2. Section 59-1-403 is amended to read:
156 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
157 (1) (a) Any of the following may not divulge or make known in any manner any
158 information gained by that person from any return filed with the commission:
159 (i) a tax commissioner;
160 (ii) an agent, clerk, or other officer or employee of the commission; or
161 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
162 town.
163 (b) An official charged with the custody of a return filed with the commission is not
164 required to produce the return or evidence of anything contained in the return in any action or
165 proceeding in any court, except:
166 (i) in accordance with judicial order;
167 (ii) on behalf of the commission in any action or proceeding under:
168 (A) this title; or
169 (B) other law under which persons are required to file returns with the commission;
170 (iii) on behalf of the commission in any action or proceeding to which the commission
171 is a party; or
172 (iv) on behalf of any party to any action or proceeding under this title if the report or
173 facts shown by the return are directly involved in the action or proceeding.
174 (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
175 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
176 pertinent to the action or proceeding.
177 (2) This section does not prohibit:
178 (a) a person or that person's duly authorized representative from receiving a copy of
179 any return or report filed in connection with that person's own tax;
180 (b) the publication of statistics as long as the statistics are classified to prevent the
181 identification of particular reports or returns; and
182 (c) the inspection by the attorney general or other legal representative of the state of the

183 report or return of any taxpayer:
184 (i) who brings action to set aside or review a tax based on the report or return;
185 (ii) against whom an action or proceeding is contemplated or has been instituted under
186 this title; or
187 (iii) against whom the state has an unsatisfied money judgment.
188 (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
189 commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
190 Rulemaking Act, provide for a reciprocal exchange of information with:
191 (i) the United States Internal Revenue Service; or
192 (ii) the revenue service of any other state.
193 (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
194 corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
195 Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
196 other written statements with the federal government, any other state, any of the political
197 subdivisions of another state, or any political subdivision of this state, except as limited by
198 Sections 59-12-209 and 59-12-210 , if the political subdivision, other state, or the federal
199 government grant substantially similar privileges to this state.
200 (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
201 corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
202 Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
203 identity and other information of taxpayers who have failed to file tax returns or to pay any tax
204 due.
205 (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
206 Division of Solid and Hazardous Waste, as defined in Section 19-6-102 , as requested by the
207 director of the Division of Solid and Hazardous Waste, any records, returns, or other
208 information filed with the commission under Chapter 13, Motor and Special Fuel Tax Act, or
209 Section 19-6-410.5 regarding the environmental assurance program participation fee.
210 (e) Notwithstanding Subsection (1), at the request of any person the commission shall
211 provide that person sales and purchase volume data reported to the commission on a report,
212 return, or other information filed with the commission under:
213 (i) Chapter 13, Part 2, Motor Fuel; or

214 (ii) Chapter 13, Part 4, Aviation Fuel.
215 (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
216 as defined in Section 59-22-202 , the commission shall report to the manufacturer:
217 (i) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
218 manufacturer and reported to the commission for the previous calendar year under Section
219 59-14-407 ; and
220 (ii) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
221 manufacturer for which a tax refund was granted during the previous calendar year under
222 Section 59-14-401 and reported to the commission under Subsection 59-14-401 (1)(a)(v).
223 (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
224 distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
225 from selling cigarettes to consumers within the state under Subsection 59-14-210 (2).
226 (h) Notwithstanding Subsection (1), the commission may:
227 (i) provide to the Division of Consumer Protection within the Department of
228 Commerce and the attorney general data:
229 (A) reported to the commission under Section 59-14-212 ; or
230 (B) related to a violation under Section 59-14-211 ; and
231 (ii) upon request, provide to any person data reported to the commission under
232 Subsections 59-14-212 (1)(a) through (c) and Subsection 59-14-212 (1)(g).
233 (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
234 of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
235 Management and Budget, provide to the committee or office the total amount of revenues
236 collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
237 time period specified by the committee or office.
238 (j) Notwithstanding Subsection (1), the commission shall make the directory required
239 by Section 59-14-603 available for public inspection.
240 (k) Notwithstanding Subsection (1), the commission may share information with
241 federal, state, or local agencies as provided in Subsection 59-14-606 (3).
242 (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
243 Recovery Services within the Department of Human Services any relevant information
244 obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer

245 who has become obligated to the Office of Recovery Services.
246 (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
247 Recovery Services to any other state's child support collection agency involved in enforcing
248 that support obligation.
249 (m) (i) Notwithstanding Subsection (1), upon request from the state court
250 administrator, the commission shall provide to the state court administrator, the name, address,
251 telephone number, county of residence, and Social Security number on resident returns filed
252 under Chapter 10, Individual Income Tax Act.
253 (ii) The state court administrator may use the information described in Subsection
254 (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106 .
255 (n) Notwithstanding Subsection (1), the commission shall at the request of a
256 committee, commission, or task force of the Legislature provide to the committee, commission,
257 or task force of the Legislature any information relating to a tax imposed under Chapter 9,
258 Taxation of Admitted Insurers, relating to the study required by Section 59-9-101 .
259 (o) (i) As used in this Subsection (3)(o), "office" means the:
260 (A) Office of the Legislative Fiscal Analyst; or
261 (B) Office of Legislative Research and General Counsel.
262 (ii) Notwithstanding Subsection (1) and except as provided in Subsection (3)(o)(iii),
263 the commission shall at the request of an office provide to the office all information:
264 (A) gained by the commission; and
265 (B) required to be attached to or included in returns filed with the commission.
266 (iii) (A) An office may not request and the commission may not provide to an office a
267 person's:
268 (I) address;
269 (II) name;
270 (III) Social Security number; or
271 (IV) taxpayer identification number.
272 (B) The commission shall in all instances protect the privacy of a person as required by
273 Subsection (3)(o)(iii)(A).
274 (iv) An office may provide information received from the commission in accordance
275 with this Subsection (3)(o) only:

276 (A) as:
277 (I) a fiscal estimate;
278 (II) fiscal note information; or
279 (III) statistical information; and
280 (B) if the information is classified to prevent the identification of a particular return.
281 (v) (A) A person may not request information from an office under Title 63G, Chapter
282 2, Government Records Access and Management Act, or this section, if that office received the
283 information from the commission in accordance with this Subsection (3)(o).
284 (B) An office may not provide to a person that requests information in accordance with
285 Subsection (3)(o)(v)(A) any information other than the information the office provides in
286 accordance with Subsection (3)(o)(iv).
287 (p) Notwithstanding Subsection (1), the commission may provide to the governing
288 board of the agreement or a taxing official of another state, the District of Columbia, the United
289 States, or a territory of the United States:
290 (i) the following relating to an agreement sales and use tax:
291 (A) information contained in a return filed with the commission;
292 (B) information contained in a report filed with the commission;
293 (C) a schedule related to Subsection (3)(p)(i)(A) or (B); or
294 (D) a document filed with the commission; or
295 (ii) a report of an audit or investigation made with respect to an agreement sales and
296 use tax.
297 (q) Notwithstanding Subsection (1), the commission may provide information
298 concerning a taxpayer's state income tax return or state income tax withholding information to
299 the Driver License Division if the Driver License Division:
300 (i) requests the information; and
301 (ii) provides the commission with a signed release form from the taxpayer allowing the
302 Driver License Division access to the information.
303 (r) Notwithstanding Subsection (1), the commission shall provide to the Utah 911
304 Committee the information requested by the Utah 911 Committee under Subsection
305 [ 53-10-602 (3)] 63H-7-303 (4).
306 (s) Notwithstanding Subsection (1), the commission shall provide to the Utah

307 Educational Savings Plan information related to a resident or nonresident individual's
308 contribution to a Utah Educational Savings Plan account as designated on the resident or
309 nonresident's individual income tax return as provided under Section 59-10-1313 .
310 (t) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
311 Sections 26-18-2.5 and 26-40-105 , the commission shall provide an eligibility worker with the
312 Department of Health or its designee with the adjusted gross income of an individual if:
313 (i) an eligibility worker with the Department of Health or its designee requests the
314 information from the commission; and
315 (ii) the eligibility worker has complied with the identity verification and consent
316 provisions of Sections 26-18-2.5 and 26-40-105 .
317 (u) Notwithstanding Subsection (1), the commission may provide to a county, as
318 determined by the commission, information declared on an individual income tax return in
319 accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
320 authorized under Section 59-2-103 .
321 (4) (a) Each report and return shall be preserved for at least three years.
322 (b) After the three-year period provided in Subsection (4)(a) the commission may
323 destroy a report or return.
324 (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
325 (b) If the person described in Subsection (5)(a) is an officer or employee of the state,
326 the person shall be dismissed from office and be disqualified from holding public office in this
327 state for a period of five years thereafter.
328 (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in
329 accordance with Subsection (3)(o)(iii) or a person that requests information in accordance with
330 Subsection (3)(o)(v):
331 (i) is not guilty of a class A misdemeanor; and
332 (ii) is not subject to:
333 (A) dismissal from office in accordance with Subsection (5)(b); or
334 (B) disqualification from holding public office in accordance with Subsection (5)(b).
335 (6) Except as provided in Section 59-1-404 , this part does not apply to the property tax.
336 Section 3. Section 63A-4-205.5 is amended to read:
337 63A-4-205.5. Risk management -- Coverage of the Utah Communications

338 Authority.
339 The [Utah Communications Agency Network] Utah Communications Authority
340 established under authority of Title [63C] 63H, Chapter 7, Utah Communications Authority
341 Act, may participate in the Risk Management Fund.
342 Section 4. Section 63E-1-102 is amended to read:
343 63E-1-102. Definitions -- List of independent entities.
344 As used in this title:
345 (1) "Authorizing statute" means the statute creating an entity as an independent entity.
346 (2) "Committee" means the Retirement and Independent Entities Committee created by
347 Section 63E-1-201 .
348 (3) "Independent corporation" means a corporation incorporated in accordance with
349 Chapter 2, Independent Corporations Act.
350 (4) (a) "Independent entity" means an entity having a public purpose relating to the
351 state or its citizens that is individually created by the state or is given by the state the right to
352 exist and conduct its affairs as an:
353 (i) independent state agency; or
354 (ii) independent corporation.
355 (b) "Independent entity" includes the:
356 (i) Utah Dairy Commission created by Section 4-22-2 ;
357 (ii) Heber Valley Historic Railroad Authority created by Section 63H-4-102 ;
358 (iii) Utah State Railroad Museum Authority created by Section 63H-5-102 ;
359 (iv) Utah Science Center Authority created by Section 63H-3-103 ;
360 (v) Utah Housing Corporation created by Section 35A-8-704 ;
361 (vi) Utah State Fair Corporation created by Section 63H-6-103 ;
362 (vii) Workers' Compensation Fund created by Section 31A-33-102 ;
363 (viii) Utah State Retirement Office created by Section 49-11-201 ;
364 (ix) School and Institutional Trust Lands Administration created by Section
365 53C-1-201 ;
366 [(x) Utah Communications Agency Network created by Section 63C-7-201 ;]
367 (x) Utah Communications Authority created in Section 63H-7-201 ;
368 (xi) Utah Energy Infrastructure Authority created by Section 63H-2-201 ;

369 (xii) Utah Capital Investment Corporation created by Section 63M-1-1207 ; and
370 (xiii) Military Installation Development Authority created by Section 63H-1-201 .
371 (c) Notwithstanding this Subsection (4), "independent entity" does not include:
372 (i) the Public Service Commission of Utah created by Section 54-1-1 ;
373 (ii) an institution within the state system of higher education;
374 (iii) a city, county, or town;
375 (iv) a local school district;
376 (v) a local district under Title 17B, Limited Purpose Local Government Entities - Local
377 Districts; or
378 (vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
379 (5) "Independent state agency" means an entity that is created by the state, but is
380 independent of the governor's direct supervisory control.
381 (6) "Money held in trust" means money maintained for the benefit of:
382 (a) one or more private individuals, including public employees;
383 (b) one or more public or private entities; or
384 (c) the owners of a quasi-public corporation.
385 (7) "Public corporation" means an artificial person, public in ownership, individually
386 created by the state as a body politic and corporate for the administration of a public purpose
387 relating to the state or its citizens.
388 (8) "Quasi-public corporation" means an artificial person, private in ownership,
389 individually created as a corporation by the state which has accepted from the state the grant of
390 a franchise or contract involving the performance of a public purpose relating to the state or its
391 citizens.
392 Section 5. Section 63G-2-305 is amended to read:
393 63G-2-305. Protected records.
394 The following records are protected if properly classified by a governmental entity:
395 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
396 has provided the governmental entity with the information specified in Section 63G-2-309 ;
397 (2) commercial information or nonindividual financial information obtained from a
398 person if:
399 (a) disclosure of the information could reasonably be expected to result in unfair

400 competitive injury to the person submitting the information or would impair the ability of the
401 governmental entity to obtain necessary information in the future;
402 (b) the person submitting the information has a greater interest in prohibiting access
403 than the public in obtaining access; and
404 (c) the person submitting the information has provided the governmental entity with
405 the information specified in Section 63G-2-309 ;
406 (3) commercial or financial information acquired or prepared by a governmental entity
407 to the extent that disclosure would lead to financial speculations in currencies, securities, or
408 commodities that will interfere with a planned transaction by the governmental entity or cause
409 substantial financial injury to the governmental entity or state economy;
410 (4) records, the disclosure of which could cause commercial injury to, or confer a
411 competitive advantage upon a potential or actual competitor of, a commercial project entity as
412 defined in Subsection 11-13-103 (4);
413 (5) test questions and answers to be used in future license, certification, registration,
414 employment, or academic examinations;
415 (6) records, the disclosure of which would impair governmental procurement
416 proceedings or give an unfair advantage to any person proposing to enter into a contract or
417 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
418 Subsection (6) does not restrict the right of a person to have access to, after the contract or
419 grant has been awarded and signed by all parties, a bid, proposal, application, or other
420 information submitted to or by a governmental entity in response to:
421 (a) an invitation for bids;
422 (b) a request for proposals;
423 (c) a request for quotes;
424 (d) a grant; or
425 (e) other similar document;
426 (7) information submitted to or by a governmental entity in response to a request for
427 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
428 the right of a person to have access to the information, after:
429 (a) a contract directly relating to the subject of the request for information has been
430 awarded and signed by all parties; or

431 (b) (i) a final determination is made not to enter into a contract that relates to the
432 subject of the request for information; and
433 (ii) at least two years have passed after the day on which the request for information is
434 issued;
435 (8) records that would identify real property or the appraisal or estimated value of real
436 or personal property, including intellectual property, under consideration for public acquisition
437 before any rights to the property are acquired unless:
438 (a) public interest in obtaining access to the information is greater than or equal to the
439 governmental entity's need to acquire the property on the best terms possible;
440 (b) the information has already been disclosed to persons not employed by or under a
441 duty of confidentiality to the entity;
442 (c) in the case of records that would identify property, potential sellers of the described
443 property have already learned of the governmental entity's plans to acquire the property;
444 (d) in the case of records that would identify the appraisal or estimated value of
445 property, the potential sellers have already learned of the governmental entity's estimated value
446 of the property; or
447 (e) the property under consideration for public acquisition is a single family residence
448 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
449 the property as required under Section 78B-6-505 ;
450 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
451 compensated transaction of real or personal property including intellectual property, which, if
452 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
453 of the subject property, unless:
454 (a) the public interest in access is greater than or equal to the interests in restricting
455 access, including the governmental entity's interest in maximizing the financial benefit of the
456 transaction; or
457 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
458 the value of the subject property have already been disclosed to persons not employed by or
459 under a duty of confidentiality to the entity;
460 (10) records created or maintained for civil, criminal, or administrative enforcement
461 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if

462 release of the records:
463 (a) reasonably could be expected to interfere with investigations undertaken for
464 enforcement, discipline, licensing, certification, or registration purposes;
465 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
466 proceedings;
467 (c) would create a danger of depriving a person of a right to a fair trial or impartial
468 hearing;
469 (d) reasonably could be expected to disclose the identity of a source who is not
470 generally known outside of government and, in the case of a record compiled in the course of
471 an investigation, disclose information furnished by a source not generally known outside of
472 government if disclosure would compromise the source; or
473 (e) reasonably could be expected to disclose investigative or audit techniques,
474 procedures, policies, or orders not generally known outside of government if disclosure would
475 interfere with enforcement or audit efforts;
476 (11) records the disclosure of which would jeopardize the life or safety of an
477 individual;
478 (12) records the disclosure of which would jeopardize the security of governmental
479 property, governmental programs, or governmental recordkeeping systems from damage, theft,
480 or other appropriation or use contrary to law or public policy;
481 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
482 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
483 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
484 (14) records that, if disclosed, would reveal recommendations made to the Board of
485 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
486 Board of Pardons and Parole, or the Department of Human Services that are based on the
487 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
488 jurisdiction;
489 (15) records and audit workpapers that identify audit, collection, and operational
490 procedures and methods used by the State Tax Commission, if disclosure would interfere with
491 audits or collections;
492 (16) records of a governmental audit agency relating to an ongoing or planned audit

493 until the final audit is released;
494 (17) records that are subject to the attorney client privilege;
495 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
496 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
497 quasi-judicial, or administrative proceeding;
498 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
499 from a member of the Legislature; and
500 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
501 legislative action or policy may not be classified as protected under this section; and
502 (b) (i) an internal communication that is part of the deliberative process in connection
503 with the preparation of legislation between:
504 (A) members of a legislative body;
505 (B) a member of a legislative body and a member of the legislative body's staff; or
506 (C) members of a legislative body's staff; and
507 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
508 legislative action or policy may not be classified as protected under this section;
509 (20) (a) records in the custody or control of the Office of Legislative Research and
510 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
511 legislation or contemplated course of action before the legislator has elected to support the
512 legislation or course of action, or made the legislation or course of action public; and
513 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
514 Office of Legislative Research and General Counsel is a public document unless a legislator
515 asks that the records requesting the legislation be maintained as protected records until such
516 time as the legislator elects to make the legislation or course of action public;
517 (21) research requests from legislators to the Office of Legislative Research and
518 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
519 in response to these requests;
520 (22) drafts, unless otherwise classified as public;
521 (23) records concerning a governmental entity's strategy about:
522 (a) collective bargaining; or
523 (b) imminent or pending litigation;

524 (24) records of investigations of loss occurrences and analyses of loss occurrences that
525 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
526 Uninsured Employers' Fund, or similar divisions in other governmental entities;
527 (25) records, other than personnel evaluations, that contain a personal recommendation
528 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
529 personal privacy, or disclosure is not in the public interest;
530 (26) records that reveal the location of historic, prehistoric, paleontological, or
531 biological resources that if known would jeopardize the security of those resources or of
532 valuable historic, scientific, educational, or cultural information;
533 (27) records of independent state agencies if the disclosure of the records would
534 conflict with the fiduciary obligations of the agency;
535 (28) records of an institution within the state system of higher education defined in
536 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
537 retention decisions, and promotions, which could be properly discussed in a meeting closed in
538 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
539 the final decisions about tenure, appointments, retention, promotions, or those students
540 admitted, may not be classified as protected under this section;
541 (29) records of the governor's office, including budget recommendations, legislative
542 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
543 policies or contemplated courses of action before the governor has implemented or rejected
544 those policies or courses of action or made them public;
545 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
546 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
547 recommendations in these areas;
548 (31) records provided by the United States or by a government entity outside the state
549 that are given to the governmental entity with a requirement that they be managed as protected
550 records if the providing entity certifies that the record would not be subject to public disclosure
551 if retained by it;
552 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
553 except as provided in Section 52-4-206 ;
554 (33) records that would reveal the contents of settlement negotiations but not including

555 final settlements or empirical data to the extent that they are not otherwise exempt from
556 disclosure;
557 (34) memoranda prepared by staff and used in the decision-making process by an
558 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
559 other body charged by law with performing a quasi-judicial function;
560 (35) records that would reveal negotiations regarding assistance or incentives offered
561 by or requested from a governmental entity for the purpose of encouraging a person to expand
562 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
563 person or place the governmental entity at a competitive disadvantage, but this section may not
564 be used to restrict access to a record evidencing a final contract;
565 (36) materials to which access must be limited for purposes of securing or maintaining
566 the governmental entity's proprietary protection of intellectual property rights including patents,
567 copyrights, and trade secrets;
568 (37) the name of a donor or a prospective donor to a governmental entity, including an
569 institution within the state system of higher education defined in Section 53B-1-102 , and other
570 information concerning the donation that could reasonably be expected to reveal the identity of
571 the donor, provided that:
572 (a) the donor requests anonymity in writing;
573 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
574 classified protected by the governmental entity under this Subsection (37); and
575 (c) except for an institution within the state system of higher education defined in
576 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
577 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
578 over the donor, a member of the donor's immediate family, or any entity owned or controlled
579 by the donor or the donor's immediate family;
580 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
581 73-18-13 ;
582 (39) a notification of workers' compensation insurance coverage described in Section
583 34A-2-205 ;
584 (40) (a) the following records of an institution within the state system of higher
585 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,

586 or received by or on behalf of faculty, staff, employees, or students of the institution:
587 (i) unpublished lecture notes;
588 (ii) unpublished notes, data, and information:
589 (A) relating to research; and
590 (B) of:
591 (I) the institution within the state system of higher education defined in Section
592 53B-1-102 ; or
593 (II) a sponsor of sponsored research;
594 (iii) unpublished manuscripts;
595 (iv) creative works in process;
596 (v) scholarly correspondence; and
597 (vi) confidential information contained in research proposals;
598 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
599 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
600 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
601 (41) (a) records in the custody or control of the Office of Legislative Auditor General
602 that would reveal the name of a particular legislator who requests a legislative audit prior to the
603 date that audit is completed and made public; and
604 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
605 Office of the Legislative Auditor General is a public document unless the legislator asks that
606 the records in the custody or control of the Office of Legislative Auditor General that would
607 reveal the name of a particular legislator who requests a legislative audit be maintained as
608 protected records until the audit is completed and made public;
609 (42) records that provide detail as to the location of an explosive, including a map or
610 other document that indicates the location of:
611 (a) a production facility; or
612 (b) a magazine;
613 (43) information:
614 (a) contained in the statewide database of the Division of Aging and Adult Services
615 created by Section 62A-3-311.1 ; or
616 (b) received or maintained in relation to the Identity Theft Reporting Information

617 System (IRIS) established under Section 67-5-22 ;
618 (44) information contained in the Management Information System and Licensing
619 Information System described in Title 62A, Chapter 4a, Child and Family Services;
620 (45) information regarding National Guard operations or activities in support of the
621 National Guard's federal mission;
622 (46) records provided by any pawn or secondhand business to a law enforcement
623 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
624 Secondhand Merchandise Transaction Information Act;
625 (47) information regarding food security, risk, and vulnerability assessments performed
626 by the Department of Agriculture and Food;
627 (48) except to the extent that the record is exempt from this chapter pursuant to Section
628 63G-2-106 , records related to an emergency plan or program, a copy of which is provided to or
629 prepared or maintained by the Division of Emergency Management, and the disclosure of
630 which would jeopardize:
631 (a) the safety of the general public; or
632 (b) the security of:
633 (i) governmental property;
634 (ii) governmental programs; or
635 (iii) the property of a private person who provides the Division of Emergency
636 Management information;
637 (49) records of the Department of Agriculture and Food that provides for the
638 identification, tracing, or control of livestock diseases, including any program established under
639 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act or Title 4, Chapter 31, Control
640 of Animal Disease;
641 (50) as provided in Section 26-39-501 :
642 (a) information or records held by the Department of Health related to a complaint
643 regarding a child care program or residential child care which the department is unable to
644 substantiate; and
645 (b) information or records related to a complaint received by the Department of Health
646 from an anonymous complainant regarding a child care program or residential child care;
647 (51) unless otherwise classified as public under Section 63G-2-301 and except as

648 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
649 personal mobile phone number, if:
650 (a) the individual is required to provide the information in order to comply with a law,
651 ordinance, rule, or order of a government entity; and
652 (b) the subject of the record has a reasonable expectation that this information will be
653 kept confidential due to:
654 (i) the nature of the law, ordinance, rule, or order; and
655 (ii) the individual complying with the law, ordinance, rule, or order;
656 (52) the name, home address, work addresses, and telephone numbers of an individual
657 that is engaged in, or that provides goods or services for, medical or scientific research that is:
658 (a) conducted within the state system of higher education, as defined in Section
659 53B-1-102 ; and
660 (b) conducted using animals;
661 (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
662 Private Proposal Program, to the extent not made public by rules made under that chapter;
663 (54) in accordance with Section 78A-12-203 , any record of the Judicial Performance
664 Evaluation Commission concerning an individual commissioner's vote on whether or not to
665 recommend that the voters retain a judge;
666 (55) information collected and a report prepared by the Judicial Performance
667 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
668 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
669 the information or report;
670 (56) records contained in the Management Information System created in Section
671 62A-4a-1003 ;
672 (57) records provided or received by the Public Lands Policy Coordinating Office in
673 furtherance of any contract or other agreement made in accordance with Section 63J-4-603 ;
674 (58) information requested by and provided to the Utah State 911 Committee under
675 Section [ 53-10-602 ] 63H-7-303 ;
676 (59) recorded Children's Justice Center investigative interviews, both video and audio,
677 the release of which are governed by Section 77-37-4 ;
678 (60) in accordance with Section 73-10-33 :

679 (a) a management plan for a water conveyance facility in the possession of the Division
680 of Water Resources or the Board of Water Resources; or
681 (b) an outline of an emergency response plan in possession of the state or a county or
682 municipality;
683 (61) the following records in the custody or control of the Office of Inspector General
684 of Medicaid Services, created in Section 63A-13-201 :
685 (a) records that would disclose information relating to allegations of personal
686 misconduct, gross mismanagement, or illegal activity of a person if the information or
687 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
688 through other documents or evidence, and the records relating to the allegation are not relied
689 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
690 report or final audit report;
691 (b) records and audit workpapers to the extent they would disclose the identity of a
692 person who, during the course of an investigation or audit, communicated the existence of any
693 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
694 regulation adopted under the laws of this state, a political subdivision of the state, or any
695 recognized entity of the United States, if the information was disclosed on the condition that
696 the identity of the person be protected;
697 (c) before the time that an investigation or audit is completed and the final
698 investigation or final audit report is released, records or drafts circulated to a person who is not
699 an employee or head of a governmental entity for the person's response or information;
700 (d) records that would disclose an outline or part of any investigation, audit survey
701 plan, or audit program; or
702 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
703 investigation or audit;
704 (62) records that reveal methods used by the Office of Inspector General of Medicaid
705 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
706 abuse;
707 (63) information provided to the Department of Health or the Division of Occupational
708 and Professional Licensing under Subsection 58-68-304 (3) or (4);
709 (64) a record described in Section 63G-12-210 ; and

710 (65) captured plate data that is obtained through an automatic license plate reader
711 system used by a governmental entity as authorized in Section 41-6a-2003 .
712 Section 6. Section 63H-7-101 , which is renumbered from Section 63C-7-101 is
713 renumbered and amended to read:
714 CHAPTER 7. UTAH COMMUNICATIONS AUTHORITY ACT
715 Part 1. General Provisions
716 [63C-7-101]. 63H-7-101. Title.
717 This chapter is known as the ["Utah Communications Agency Network Act."] "Utah
718 Communications Authority Act."
719 Section 7. Section 63H-7-102 , which is renumbered from Section 63C-7-102 is
720 renumbered and amended to read:
721 [63C-7-102]. 63H-7-102. Purpose.
722 The purpose of this chapter is to establish an independent state agency and a board [and
723 executive committee] to administer the creation, administration, and maintenance of the [Utah
724 Communications Agency Network] Utah Communications Authority to provide a public safety
725 communications network [and], facilities, and 911 emergency services on a statewide basis for
726 the benefit and use of public agencies, and [the] state and federal agencies.
727 Section 8. Section 63H-7-103 , which is renumbered from Section 63C-7-103 is
728 renumbered and amended to read:
729 [63C-7-103]. 63H-7-103. Definitions.
730 As used in this chapter:
731 [(1) "Board" means the Utah Communications Agency Network Board created in
732 Section 63C-7-201 .]
733 (1) "Authority" means the Utah Communications Authority, an independent state
734 agency created in Section 67H-7-201 .
735 (2) "Board" means the Utah Communications Authority Board created in Section
736 67H-7-203 .
737 [(2)] (3) "Bonds" means bonds, notes, certificates, debentures, contracts, lease purchase
738 agreements, or other evidences of indebtedness or borrowing issued or incurred by the [Utah
739 Communications Agency Network] authority pursuant to this chapter.
740 [(3)] (4) "Communications network" means:

741 (a) a regional or statewide public safety governmental communications network and
742 related facilities, including real property, improvements, and equipment necessary for the
743 acquisition, construction, and operation of the services and facilities[.]; and
744 (b) 911 emergency services, including radio communications, microwave connectivity,
745 FirstNet coordination, and computer aided dispatch system.
746 [(4) "Effective date" means the first date after which the Utah Communications Agency
747 Network is officially created and shall be the first date after which:]
748 [(a) at least 10 public agencies have submitted to the Utah Communications Agency
749 Network office the membership resolutions required to become a member; and]
750 [(b) the governor has appointed the four state representatives to the executive
751 committee.]
752 [(5) "Executive Committee" means the administrative body of the Utah
753 Communications Agency Network created in Section 63C-7-205 .]
754 (5) "FirstNet" means the First Responder Network Authority created by Congress in
755 the Middle Class Tax Relief and Job Creation Act of 2012.
756 (6) "Lease" means any lease, lease purchase, sublease, operating, management, or
757 similar agreement.
758 (7) "Local entity" means a county, city, town, local district, special service district, or
759 interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act.
760 [(7)] (8) "Member" means a public agency which:
761 (a) adopts a membership resolution to be included within the [Utah Communications
762 Agency Network] authority; and
763 (b) submits an originally executed copy of an authorizing resolution to the [Utah
764 Communications Agency Network] authority's office.
765 [(8)] (9) "Member representative" means a person or that person's designee appointed
766 by the governing body of each member.
767 [(9)] (10) "Public agency" means any political subdivision of the state, including cities,
768 towns, counties, school districts, local districts, and special service districts, dispatched by a
769 public safety answering point.
770 [(10)] (11) "Public safety answering point" means an organization, entity, or
771 combination of entities which have joined together to form a central answering point for the

772 receipt, management, and dissemination to the proper responding agency, of emergency and
773 nonemergency communications, including 911 [calls] communications, police, fire, emergency
774 medical, transportation, parks, wildlife, corrections, and any other governmental
775 communications.
776 [(11)] (12) "State" means the state of Utah.
777 [(12)] (13) "State representative" means[: (a)] the [four] seven appointees of the
778 governor or their designees[; and].
779 [(b) the Utah State Treasurer or his designee.]
780 Section 9. Section 63H-7-201 , which is renumbered from Section 63C-7-201 is
781 renumbered and amended to read:
782 Part 2. The Utah Communications Authority and the Board
783 [63C-7-201]. 63H-7-201. Establishment of the Utah Communications
784 Authority.
785 (1) There is established the [Utah Communications Agency Network, formerly the
786 Utah Wireless Interagency Network, created by executive order of the governor on June 6,
787 1996. The Utah Communications Agency Network shall assume the operations of the Utah
788 Wireless Interagency Network on May 4, 1997,] Utah Communications Authority, formerly
789 known as the Utah Communications Agency Network, which shall assume the operations of
790 the Utah Communications Agency Network and shall perform the functions as provided in this
791 chapter.
792 (2) The [Utah Communications Agency Network] Utah Communications Authority is
793 an independent state agency and not a division within any other department of the state.
794 (3) The initial offices of the [Utah Communications Agency Network] authority shall
795 be in Salt Lake [City] County, but branches of the office may be established in other areas of
796 the state upon approval of the board.
797 [(4) (a) As soon after the effective date as possible, the state representatives shall
798 schedule an organizational meeting date and shall give written notice of the time and location
799 of the organizational meeting to the governing bodies of known prospective members.]
800 [(b) At the organizational meeting:]
801 [(i) the board shall be organized as provided in Section 63C-7-203 ;]
802 [(ii) bylaws shall be adopted; and]

803 [(iii) the executive committee shall be established as provided in Section 63C-7-205 .]
804 Section 10. Section 63H-7-202 , which is renumbered from Section 63C-7-202 is
805 renumbered and amended to read:
806 [63C-7-202]. 63H-7-202. Powers of the Authority.
807 The [Utah Communications Agency Network] authority shall have the power to:
808 (1) sue and be sued in its own name;
809 (2) have an official seal and power to alter that seal at will;
810 (3) make and execute contracts and all other instruments necessary or convenient for
811 the performance of its duties and the exercise of its powers and functions under this chapter,
812 including contracts with private companies licensed under Title 26, Chapter 8a, Utah
813 Emergency Medical Services System Act;
814 (4) own, acquire, construct, operate, maintain, and repair a communications network,
815 and dispose of any portion of it;
816 (5) borrow money and incur indebtedness;
817 (6) issue bonds as provided in this chapter;
818 (7) enter into agreements with public agencies, the state, and federal government to
819 provide communications network services on terms and conditions it considers to be in the best
820 interest of its members;
821 (8) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real
822 property or personal property in connection with the acquisition and construction of a
823 communications network and all related facilities and rights-of-way which it owns, operates,
824 and maintains;
825 (9) contract with other public agencies, the state, or federal government to provide
826 public safety communications services in excess of those required to meet the needs or
827 requirements of its members and the state and federal government if:
828 (a) it is determined by the [executive committee] board to be necessary to accomplish
829 the purposes and realize the benefits of this chapter; and
830 (b) any excess is sold to other public agencies, the state, or federal government and is
831 sold on terms that assure that the cost of providing the excess service will be received by the
832 [Utah Communications Agency Network] authority;
833 (10) provide and maintain the public safety network for all state and local

834 governmental agencies:
835 (a) within the current [Utah Communications Agency Network] authority network for
836 the state and local governmental agencies that currently subscribe to the [Utah
837 Communications Agency Network] authority; and
838 (b) outside of the current [Utah Communications Agency Network] authority network
839 for state and local governmental agencies that do not currently subscribe to the [Utah
840 Communications Agency Network] authority;
841 (11) maintain the current VHF high-band network; [and]
842 (12) based on recommendations of the Utah 911 Committee established in Section
843 63H-7-302 :
844 (a) administer the program funded by the Unified Statewide 911 Emergency Service
845 Account;
846 (b) own, operate, or enter into contracts for unified statewide 911 emergency services
847 and communications networks; and
848 (c) administer the program funded by the Computer Aided Dispatch Restricted
849 Account; and
850 [(12)] (13) perform all other duties authorized by this chapter.
851 Section 11. Section 63H-7-203 , which is renumbered from Section 63C-7-205 is
852 renumbered and amended to read:
853 [63C-7-205]. 63H-7-203. Board established -- Terms -- Vacancies.
854 [(1) The executive committee]
855 (1) There is created the "Utah Communications Authority Board."
856 (2) The board shall consist of the following [21] individuals:
857 (a) [15] the member representatives elected [by the board at its annual meetings; and]
858 as follows:
859 [(b) six state representatives.]
860 (i) one representative elected from each county of the first and second class, who:
861 (A) is in law enforcement, fire service, or a public safety answering point; and
862 (B) has a leadership positions with public safety communication experience;
863 (ii) one representative elected from each of the seven associations of government who:
864 (A) is in law enforcement, fire service, or a public safety answering point; and

865 (B) has a leadership positions with public safety communication experience;
866 (iii) one representative of the Native American tribes elected by the representative of
867 tribal governments listed in Subsection 9-9-104.5 (2);
868 (iv) one representative elected by the Utah National Guard;
869 (v) one representative elected by an association that represents fire chiefs;
870 (vi) one representative elected by an association that represents sheriffs;
871 (vii) one representative elected by an association that represents chiefs of police; and
872 (viii) one member elected by the Utah 911 Committee created in Section 63H-7-302 ;
873 and
874 (b) seven state representatives appointed in accordance with Subsection (3).
875 [(2)] (3) (a) (i) [Five] Seven of the state representatives shall be appointed by the
876 governor, with two of the positions having an initial term of two years, two having an initial
877 term of three years, and one having an initial term of four years.
878 (ii) Successor state representatives shall each serve for a term of four years.
879 (iii) The [five] seven governor-appointed state representatives shall consist of:
880 (A) the executive director of the Utah Department of Transportation or the director's
881 designee;
882 (B) the commissioner of public safety or the commissioner's designee;
883 (C) the executive director of the Department of Natural Resources or the director's
884 designee;
885 (D) the executive director of the Department of Corrections or the director's designee;
886 [and]
887 (E) the chief information officer of the Department of Technology Services, or the
888 officer's designee[.];
889 [(b) The sixth state representative shall be]
890 (F) the Utah State Treasurer or the treasurer's designee[.]; and
891 (G) the executive director of the Department of Health or the director's designee.
892 [(c)] (b) A vacancy on the [executive committee] board for a state representative shall
893 be filled for the unexpired term by appointment by the governor.
894 [(3)] (4) (a) (i) One-half of the positions for member representatives [elected by the
895 board] selected under Subsection (2) shall have an initial term of two years and one-half of the

896 positions shall have an initial term of four years.
897 (ii) Successor member representatives of the [executive committee] board shall each
898 serve for a term of four years, so that the term of office for six of the member representatives
899 expires every two years.
900 (b) The member representatives of the [executive committee] board shall be
901 removable, with or without cause, by [a majority vote of the board] the entity that selected the
902 member. A vacancy on the [executive committee] board for a member representative shall be
903 filled for the unexpired term by [a majority of the remaining member representatives of the
904 executive committee] the entity the member represents.
905 [(4)] (5) The [executive committee] board shall elect annually one of its members as
906 chair.
907 [(5)] (6) The [executive committee] board shall meet on an as-needed basis and as
908 provided in the bylaws.
909 [(6)] (7) The [executive committee] board shall also elect a vice chair, secretary, and
910 treasurer to perform those functions provided in the bylaws.
911 (a) The vice chair shall be a member of the [executive committee] board.
912 (b) The secretary and treasurer need not be members of the [executive committee]
913 board, but shall not have voting powers if they are not members of the [executive committee]
914 board.
915 (c) The offices of chair, vice chair, secretary, and treasurer shall be held by separate
916 individuals.
917 [(7)] (8) Each member representative and state representative shall have one vote,
918 including the chair, at all meetings of the [executive committee] board.
919 [(8) Twelve] (9) A constitutional majority of the members of the [executive committee
920 constitute] board constitutes a quorum. A vote of a majority of the quorum at any meeting of
921 the [executive committee] board is necessary to take action on behalf of the [executive
922 committee] board.
923 Section 12. Section 63H-7-204 , which is renumbered from Section 63C-7-206 is
924 renumbered and amended to read:
925 [63C-7-206]. 63H-7-204. Board -- Powers and duties.
926 The [executive committee] board shall:

927 (1) manage the affairs and business of the [Utah Communications Agency Network]
928 authority consistent with this chapter including adopting bylaws by a majority vote of its
929 members;
930 (2) appoint an executive director to administer the [Utah Communications Agency
931 Network] authority;
932 (3) receive and act upon reports covering the operations of the communications
933 network and funds administered by the [Utah Communications Agency Network] authority;
934 (4) ensure that the communications network and funds are administered according to
935 law;
936 (5) examine and approve an annual operating budget for the [Utah Communications
937 Agency Network] authority;
938 (6) receive and act upon recommendations of the chair;
939 (7) recommend to the governor and Legislature any necessary or desirable changes in
940 the statutes governing the communications network;
941 (8) develop broad policies for the long-term operation of the [Utah Communications
942 Agency Network] authority for the performance of its functions;
943 (9) make and execute contracts and other instruments on behalf of the [Utah
944 Communications Agency Network] authority, including agreements with members and other
945 entities;
946 (10) authorize the borrowing of money, the incurring of indebtedness, and the issuance
947 of bonds as provided in this chapter;
948 (11) adopt rules consistent with this chapter for the management of the
949 communications network in order to carry out the purposes of this chapter, and perform all
950 other acts necessary for the administration of the communications network;
951 (12) exercise the powers and perform the duties conferred on it by this chapter; [and]
952 (13) provide for audits of the [Utah Communications Agency Network.] authority;
953 (14) establish a division within the authority for radio network services;
954 (15) establish an office within the authority for a statewide interoperability coordinator;
955 and
956 (16) establish an office within the authority for a 911 program manager.
957 Section 13. Section 63H-7-205 , which is renumbered from Section 63C-7-207 is

958 renumbered and amended to read:
959 [63C-7-207]. 63H-7-205. Executive director -- Powers and duties.
960 The executive director shall:
961 (1) act as the executive officer of the [Utah Communications Agency Network]
962 authority;
963 (2) administer the various acts, systems, plans, programs, and functions assigned to the
964 office;
965 (3) with the approval of the [executive committee] board, develop and [promulgate]
966 make administrative rules which are within the authority granted by this title for the
967 administration of the [Utah Communications Agency Network] authority;
968 (4) recommend to the [executive committee] board any changes in the statutes
969 affecting the [Utah Communications Agency Network] authority;
970 (5) recommend to the [executive committee] board an annual administrative budget
971 covering administration, management, and operations of the communications network and,
972 upon approval of the [executive committee] board, direct and control the subsequent
973 expenditures of the budget; and
974 (6) within the limitations of the budget, employ staff personnel, consultants, a chief
975 financial officer, and legal counsel to provide professional services and advice regarding the
976 administration of the [Utah Communications Agency Network] authority.
977 Section 14. Section 63H-7-301 is enacted to read:
978 Part 3. Offices and Division of the Authority
979 63H-7-301. 911 program manager.
980 (1) There is created within the authority the 911 program manager.
981 (2) The 911 program manager shall:
982 (a) be appointed by the executive director:
983 (i) based on the recommendation of the Utah 911 Committee; and
984 (ii) with the approval of the board; and
985 (b) provide staff services to the Utah 911 Committee created in Section 63H-7-302 .
986 Section 15. Section 63H-7-302 , which is renumbered from Section 53-10-601 is
987 renumbered and amended to read:
988 [53-10-601]. 63H-7-302. Utah 911 Committee.

989 (1) There is created within the [division,] authority the Utah 911 Committee consisting
990 of the following [18] members:
991 (a) [a] one representative from [each of the following] a primary [emergency] public
992 safety answering [points:] point from each county of the first and second class;
993 [(i) Salt Lake County;]
994 [(ii) Davis County;]
995 [(iii) Utah County;]
996 [(iv) Weber County; and]
997 [(v) Washington County;]
998 [(b) six members representing the following primary emergency public safety
999 answering points:]
1000 (b) one representative from a primary public safety answering point representing each
1001 of the following:
1002 (i) Bear River Association;
1003 (ii) Uintah Basin Association;
1004 (iii) South East Association;
1005 (iv) Six County Association;
1006 (v) Five County Association; [and]
1007 (vi) Mountainlands Association[, not including Utah County]; and
1008 [(c) the following people with knowledge of technology and equipment that might be
1009 needed for an emergency public safety answering system:]
1010 [(i) a representative from a local exchange carrier;]
1011 [(ii) a representative from a rural incumbent local exchange carrier; and]
1012 [(iii) two representatives from radio communications services as defined in Section
1013 69-2-2 ;]
1014 (vii) Wasatch Front Regional Council;
1015 [(d)] (c) two representatives from the Department of Public Safety[,]:
1016 (i) one of whom represents an urban Utah [and the other rural Utah; and] public service
1017 answering point; and
1018 (ii) one of whom represents a rural Utah public safety answering point; and
1019 [(e) a representative from the Department of Technology Services, created in Title 63F,

1020 Chapter 1.]
1021 (d) the statewide interoperability coordinator, created in Section 63H-7-309 .
1022 (2) (a) Each committee member shall be appointed as follows:
1023 (i) a member described in Subsection (1)(a) shall be appointed by the governor from a
1024 nominee or nominees submitted to the governor by the council of government for that
1025 member's county;
1026 (ii) the [six] seven members described in Subsection (1)(b) shall be appointed by the
1027 governor from a nominee or nominees submitted to the governor by the associations described
1028 in Subsection (1)(b) as follows:
1029 (A) the [six] seven associations shall select by lot[,] the first [four] five associations to
1030 begin the rotation of membership as required by Subsection (2)(b)(i); and
1031 (B) as each association is represented on the [commission] committee in accordance
1032 with Subsection (2)(b)(i), that association shall select the person to represent it on the
1033 commission; and
1034 [(iii) the members described in Subsection (1)(c) shall be appointed by the governor
1035 with the consent of the Senate; and]
1036 [(iv)] (iii) the members described in Subsections (1)[(d)](c) and [(e)] (d) shall be
1037 appointed by the governor.
1038 (b) The term of office of each member is four years[, except as provided in Subsections
1039 (2)(b)(ii) through (iv)].
1040 [(i) The representatives from Subsection (1)(b) must rotate to provide each geographic
1041 location at least one representative every four years, except as provided for the initial
1042 appointment under Subsection (2)(b)(ii).]
1043 [(ii) The associations listed in Subsection (1)(b) shall select by lot, two of its members
1044 to an initial two-year term.]
1045 [(iii) The governor shall appoint two representatives from Subsection (1)(c) to initial
1046 two-year terms.]
1047 [(iv) The public service answering points listed in Subsection (1)(a) shall, by lot, select
1048 two members to serve an initial two-year term.]
1049 (c) No member of the committee may serve more that two consecutive four-year terms.
1050 (d) Each mid-term vacancy shall be filled for the unexpired term in the same manner as

1051 an appointment under Subsection (2)(a).
1052 (3) (a) Committee members shall elect a chair from their number and establish rules for
1053 the organization and operation of the committee, with the chair [rotating among] selected by
1054 representatives from Subsections (1)(a), (b), and [(d)] (c) every year.
1055 (b) Staff services to the committee[: (i)] shall be provided by the [division; and]
1056 authority.
1057 [(ii) may be provided by local entities through the Utah Association of Counties and
1058 the Utah League of Cities and Towns.]
1059 (c) Funding for staff services shall be provided with funds approved by the
1060 [committee] board from those identified under Section [ 53-10-605 ] 63H-7-306 .
1061 (4) (a) No member may receive compensation or benefits for the member's service on
1062 the committee.
1063 (b) A member is not required to give bond for the performance of official duties.
1064 (5) A majority of the committee constitutes a quorum for voting purposes.
1065 Section 16. Section 63H-7-303 , which is renumbered from Section 53-10-602 is
1066 renumbered and amended to read:
1067 [53-10-602]. 63H-7-303. Committee's duties and powers.
1068 (1) The committee shall:
1069 (a) review and make recommendations to the [division, the Bureau of
1070 Communications] board, public safety answering points, and the Legislature on:
1071 (i) technical, administrative, fiscal, and operational issues for the implementation of [a]
1072 unified statewide [wireless and land-based E-911] 911 emergency [system] services;
1073 (ii) specific technology and standards for the implementation of [a] unified statewide
1074 [wireless and land-based E-911] 911 emergency [system] services;
1075 (iii) emerging technological upgrades;
1076 (iv) expenditures by local public service answering points to assure implementation of
1077 [a] unified statewide [wireless and land-based E-911] 911 emergency [system] services and
1078 standards of operation; and
1079 (v) mapping systems and technology necessary to implement the unified statewide
1080 [wireless and land-based E-911] 911 emergency [system] services;
1081 (b) administer the program funded by the Unified Statewide [Unified E-911] 911

1082 Emergency Service Account as provided in this part;
1083 (c) administer the program funded by the Computer Aided Dispatch Restricted
1084 Account created in Section 63H-7-310 ;
1085 [(c)] (d) assist as many local entities as possible, at their request, to implement the
1086 recommendations of the committee; and
1087 [(d)] (e) fulfill all other duties imposed on the committee by the Legislature by this
1088 part.
1089 (2) The committee may sell, lease, or otherwise dispose of equipment or personal
1090 property purchased, leased, or belonging to the committee, the proceeds from which shall
1091 return to the restricted account.
1092 (3) The committee may:
1093 (a) make recommendations to the board regarding the authority owning, operating, or
1094 entering into contracts for unified statewide 911 emergency services and a computer aided
1095 dispatch system; and
1096 (b) enter into contracts on behalf of the committee for unified statewide 911 emergency
1097 services.
1098 [(3)] (4) (a) The committee shall review information regarding:
1099 (i) in aggregate, the number of [telecommunication] service subscribers by
1100 [telecommunication] service type in a political subdivision;
1101 (ii) 911 [call] delivery network costs;
1102 (iii) public safety answering point costs; [and]
1103 (iv) system engineering information[.]; and
1104 (v) a computer aided dispatch system.
1105 (b) In accordance with Subsection [(3)] (4)(a) the committee may request:
1106 (i) information as described in Subsection [(3)] (4)(a)(i) from the Utah State Tax
1107 Commission; and
1108 (ii) information from public safety answering points connected to the [911 call
1109 delivery] computer aided dispatch system.
1110 (c) The information requested by and provided to the committee under Subsection [(3)]
1111 (4) is a protected record in accordance with Section 63G-2-305 .
1112 [(4) The committee shall issue the reimbursement allowed under Subsection

1113 53-10-605 (1)(b) provided that:]
1114 [(a) the reimbursement is based on aggregated cost studies submitted to the committee
1115 by the wireless carriers seeking reimbursement; and]
1116 [(b) the reimbursement to any one carrier does not exceed 125% of the wireless
1117 carrier's contribution to the restricted account.]
1118 (5) The committee shall [adopt] make rules in accordance with Title 63G, Chapter 3,
1119 Utah Administrative Rulemaking Act, to administer the program funded by the restricted
1120 account created in Section [ 53-10-603 ] 63H-7-304 including rules that establish the criteria,
1121 standards, technology, and equipment that a local entity or state agency must adopt in order to
1122 qualify for [grants] funds from the restricted account.
1123 (6) The committee shall make rules in accordance with Title 63G, Chapter 3, Utah
1124 Administrative Rulemaking Act, to administer the restricted account created in Section
1125 63H-7-310 , including rules that establish the criteria, standards, technology, and equipment that
1126 a local entity or state agency must adopt in order to qualify as a recipient of a computer aided
1127 dispatch system.
1128 [(6)] (7) The committee may employ an outside consultant to:
1129 (a) study and advise on the issue of public safety answering points[.]; and
1130 (b) advise the committee regarding:
1131 (i) public safety communications and other issues regarding unified state 911
1132 emergency services;
1133 (ii) computer aided dispatch system consolidation; and
1134 (iii) consolidation of public safety answering points by county or region.
1135 [(7)] (8) This section does not expand the authority of the Utah State Tax Commission
1136 to request additional information from a telecommunication service provider.
1137 Section 17. Section 63H-7-304 , which is renumbered from Section 53-10-603 is
1138 renumbered and amended to read:
1139 [53-10-603]. 63H-7-304. Creation of Unified Statewide 911 Emergency
1140 Service Account.
1141 (1) There is created a restricted account within the General Fund known as the
1142 ["Statewide Unified E-911] "Unified Statewide 911 Emergency Service Account," consisting
1143 of:

1144 (a) proceeds from the fee imposed in Section 69-2-5.6 ;
1145 (b) money appropriated or otherwise made available by the Legislature; and
1146 (c) contributions of money, property, or equipment from federal agencies, political
1147 subdivisions of the state, persons, or corporations.
1148 (2) The money in this restricted account shall be used exclusively for the following
1149 statewide public purposes:
1150 (a) enhancing public safety as provided in this chapter; and
1151 (b) providing [a] unified statewide[, unified, wireless E-911] 911 emergency service
1152 available to public safety answering points[;].
1153 [(c) providing reimbursement to providers for certain costs associated with Phase II
1154 wireless E-911 service; and]
1155 [(d) paying for an outside consultant hired by the Utah 911 Committee to study and
1156 advise the committee regarding public safety answering points.]
1157 Section 18. Section 63H-7-305 , which is renumbered from Section 53-10-604 is
1158 renumbered and amended to read:
1159 [53-10-604]. 63H-7-305. Committee expenses -- Division of Finance
1160 responsibilities.
1161 (1) [Committee] Subject to appropriation, expenses and the costs of administering
1162 [grants] disbursements from the restricted account, as provided in Subsection (2), shall be paid
1163 from the restricted account.
1164 (2) (a) The [Division of Finance] committee shall be responsible for the care, custody,
1165 safekeeping, collection, and accounting for [grants issued] disbursements made by the
1166 committee under the provisions of Section [ 53-10-605 ] 63H-7-306 .
1167 (b) [The] Subject to appropriation, the Division of Finance may charge the restricted
1168 account the administrative costs incurred in discharging the responsibilities imposed by
1169 [Subsection (2)(a)] Section 63H-7-306 .
1170 Section 19. Section 63H-7-306 , which is renumbered from Section 53-10-605 is
1171 renumbered and amended to read:
1172 [53-10-605]. 63H-7-306. Use of money in restricted account -- Criteria --
1173 Administration.
1174 (1) (a) Subject to an annual legislative appropriation from the restricted account to[: (a)

1175 the committee, the committee shall: (i) authorize the use of ] the Division of Finance, the
1176 Division of Finance shall disburse the money in the fund[, by grant to a local entity or state
1177 agency] for the benefit of a public agency in accordance with this Subsection (1) and
1178 Subsection (2)[;].
1179 [(ii) grant to state agencies and local entities]
1180 (b) The committee shall administer the program and forward to the Division of Finance
1181 the committee's authorization for disbursement from the restricted account in accordance with
1182 this section.
1183 (c) The committee shall:
1184 (i) disburse on behalf of public agencies an amount not to exceed the per month fee
1185 levied on telecommunications service under Section 69-2-5.6 for installation, implementation,
1186 and maintenance of unified[,] statewide 911 emergency services and technology; and
1187 [(iii)] (ii) in addition to any money under Subsection (1)[(a)(ii)](c)(i), [grant to]
1188 disburse on behalf of counties of the third through sixth class the amount dedicated for rural
1189 assistance, which is at least 3 cents per month levied on [telecommunications] 911 emergency
1190 service under Section 69-2-5.6 to:
1191 (A) enhance the 911 emergency services with a focus on areas or counties that do not
1192 have [E-911] 911 emergency services; and
1193 (B) where needed, assist the counties, in cooperation with private industry, with the
1194 creation or integration of wireless systems and location technology in rural areas of the state[;].
1195 [(b) the committee, the committee shall:]
1196 [(i) include reimbursement to a provider of radio communications service, as defined in
1197 Section 69-2-2 , for costs as provided in Subsection (1)(b)(ii); and]
1198 [(ii) an agreement to reimburse costs to a provider of radio communications services
1199 must be a written agreement among the committee, the local public safety answering point and
1200 the carrier; and]
1201 [(c)] (d) The committee shall reimburse the state's Automated Geographic Reference
1202 Center in the Division of Integrated Technology of the Department of Technology Services, an
1203 amount equal to 1 cent per month levied on telecommunications service under Section 69-2-5.6
1204 [shall be used] to enhance and upgrade [statewide] digital mapping standards for unified
1205 statewide 911 emergency service as required by the committee.

1206 (2) [(a)] Beginning July 1, [2007] 2014, the committee may not [grant] authorize
1207 disbursements and the Division of Finance may not disburse the money in the restricted
1208 account [to a local] on behalf of an entity unless the [local] entity [is in compliance with Phase
1209 I, wireless E-911] has the capability to receive Internet protocol based 911 emergency service.
1210 [(b) Beginning July 1, 2009, the committee may not grant money in the restricted
1211 account to a local entity unless the local entity is in compliance with Phase II, wireless E-911
1212 service.]
1213 [(3) A local entity must deposit any money it receives from the committee into a
1214 special emergency telecommunications service fund in accordance with Subsection 69-2-5 (4).]
1215 [(4) For purposes of this part, "local entity" means a county, city, town, local district,
1216 special service district, or interlocal entity created under Title 11, Chapter 13, Interlocal
1217 Cooperation Act.]
1218 Section 20. Section 63H-7-307 , which is renumbered from Section 53-10-606 is
1219 renumbered and amended to read:
1220 [53-10-606]. 63H-7-307. Committee to report annually.
1221 (1) The committee shall submit an annual report to the Executive Offices and Criminal
1222 Justice Appropriations Subcommittee, which shall include:
1223 (a) the total aggregate surcharge collected by local entities and the state in the last
1224 fiscal year under Sections 69-2-5 and 69-2-5.6 ;
1225 (b) the amount of each disbursement from the restricted account;
1226 (c) the recipient of each disbursement and describing the project for which money was
1227 disbursed;
1228 (d) the conditions, if any, placed by the committee or the Division of Finance on
1229 disbursements from the restricted account;
1230 (e) the planned expenditures from the restricted account for the next fiscal year;
1231 (f) the amount of any unexpended funds carried forward;
1232 (g) a cost study to guide the Legislature towards necessary adjustments of both the
1233 Unified Statewide [Unified E-911] 911 Emergency Service Account and the monthly
1234 emergency services telephone charge imposed under Section 69-2-5 ; and
1235 (h) a progress report of local government implementation of [wireless and land-based
1236 E-911] 911 emergency services including:

1237 (i) a fund balance or balance sheet from each agency maintaining its own emergency
1238 telephone service fund;
1239 (ii) a report from each public safety answering point of annual call activity separating
1240 wireless and land-based 911 call volumes; and
1241 (iii) other relevant justification for ongoing support from the Unified Statewide
1242 [Unified E-911] 911 Emergency Service Account created by Section [ 53-10-603 ] 63H-7-304 .
1243 (2) (a) The committee may request information from a local entity as necessary to
1244 prepare the report required by this section.
1245 (b) A local entity imposing a levy under Section 69-2-5 or receiving a [grant]
1246 disbursement under Section [ 53-10-605 ] 63H-7-306 shall provide the information requested
1247 pursuant to Subsection (2)(a).
1248 Section 21. Section 63H-7-308 is enacted to read:
1249 63H-7-308. Radio Network Division.
1250 (1) There is created within the authority the Radio Network Division.
1251 (2) The technical operations manager of the Radio Network Division shall be
1252 appointed by the executive director with the approval of the board.
1253 (3) The Radio Network Division shall provide technical staff and support to the
1254 authority.
1255 Section 22. Section 63H-7-309 is enacted to read:
1256 63H-7-309. Office of Statewide Interoperability Coordinator.
1257 (1) There is created within the authority the Office of the Statewide Interoperability
1258 Coordinator.
1259 (2) The executive director shall appoint the statewide interoperability coordinator with
1260 the approval of the board.
1261 (3) The Office of the Statewide Interoperability Coordinator shall:
1262 (a) promote wireless technology information and interoperability among local, state,
1263 federal, and other agencies;
1264 (b) provide a mechanism for coordinating and resolving wireless communication issues
1265 among local, state, federal, and other agencies;
1266 (c) improve data and information sharing and coordination of multijurisdictional
1267 responses;

1268 (d) identify opportunities to consolidate infrastructures and technologies;
1269 (e) evaluate current technologies and determine if they are meeting the needs of agency
1270 personnel in respective service areas; and
1271 (f) create and maintain procedures for requesting interoperability channels.
1272 Section 23. Section 63H-7-310 is enacted to read:
1273 63H-7-310. Creation of Computer Aided Dispatch Restricted Account --
1274 Administration -- Use of money.
1275 (1) There is created a restricted account within the General Fund known as the
1276 "Computer Aided Dispatch Restricted Account," consisting of:
1277 (a) proceeds from the fee imposed in Section 69-2-5.5 ;
1278 (b) money appropriated or otherwise made available by the Legislature; and
1279 (c) contributions of money from federal agencies, political subdivisions of the state,
1280 persons, or corporations.
1281 (2) The money in this restricted account shall be used exclusively for the following
1282 statewide public purposes:
1283 (a) enhancing public safety as provided in this chapter; and
1284 (b) creating and maintaining a shared computer aided dispatch system including:
1285 (i) a single computer aided dispatch platform that will be selected, maintained, shared,
1286 or hosted on a statewide or regional basis;
1287 (ii) a single computer aided dispatch platform selected by a county of the first class, if:
1288 (A) authorized by the county's local Council of Government; and
1289 (B) the county's computer aided dispatch platform is capable of interfacing with the
1290 platform described in Subsection (2)(b)(i); and
1291 (iii) a statewide computer aided dispatch system data sharing platform to provide
1292 interoperability of systems.
1293 (3) Subject to appropriation, the Division of Finance may charge the administrative
1294 costs incurred in discharging the responsibilities imposed by this section.
1295 (4) (a) Subject to an annual legislative appropriation from the restricted account to the
1296 Division of Finance, the Division of Finance shall disburse the money in the fund, based on the
1297 authorization of the committee under Subsections (4)(b) and (c).
1298 (b) The Utah 911 Committee shall administer the development and maintenance of the

1299 shared computer aided dispatch system:
1300 (i) for state agencies and local entities; and
1301 (ii) where needed, to assist public agencies with the creation or integration and
1302 maintenance of the shared computer aided dispatch system.
1303 (c) The Utah 911 Committee shall:
1304 (i) annually report to the Division of Finance the committee's authorized disbursements
1305 from the restricted account;
1306 (ii) be responsible for the care, custody, safekeeping, collection, and accounting for
1307 disbursements; and
1308 (iii) submit an annual report to the Executive Offices and Criminal Justice
1309 Appropriations Subcommittee, which shall include:
1310 (A) the amount of each disbursement from the restricted account;
1311 (B) the recipient of each disbursement and a description of the project for which money
1312 was disbursed;
1313 (C) the conditions, if any, placed by the committee or the Division of Finance on
1314 disbursements from the amount appropriated from the restricted account;
1315 (D) the planned expenditures from the restricted account for the next fiscal year;
1316 (E) the amount of any unexpended funds carried forward; and
1317 (F) a progress report of implementation of a statewide computer aided dispatch system.
1318 (5) (a) The committee may request information from a public safety answering point as
1319 necessary to prepare the report required by this section.
1320 (b) A recipient under this section shall provide the information requested pursuant to
1321 Subsection (5)(a).
1322 Section 24. Section 63H-7-401 , which is renumbered from Section 63C-7-301 is
1323 renumbered and amended to read:
1324 Part 4. Bonding Authority
1325 [63C-7-301]. 63H-7-401. Bond authorized -- Payment -- Security --
1326 Liability -- Purpose -- Exemption from certain taxes.
1327 (1) The [Utah Communications Agency Network] authority may:
1328 (a) issue bonds from time to time for any of its corporate purposes provided in Section
1329 [ 63C-7-102 ] 63H-7-102 ;

1330 (b) issue refunding bonds for the purpose of paying or retiring bonds previously issued
1331 by it;
1332 (c) issue bonds on which the principal and interest are payable:
1333 (i) exclusively from the income, purchase or lease payments, and revenues of all or a
1334 portion of the communications network; or
1335 (ii) from its revenues generally.
1336 (2) Any bonds issued by the [Utah Communications Agency Network] authority may
1337 be additionally secured by a pledge of any loan, lease, grant, agreement, or contribution, in
1338 whole or in part, from the federal government or other source, or a pledge of any income or
1339 revenue of the [Utah Communications Agency Network] authority.
1340 (3) The officers of the [Utah Communications Agency Network] authority and any
1341 person executing the bonds are not liable personally on the bonds.
1342 (4) (a) The bonds and other obligations of the [Utah Communications Agency
1343 Network] authority are not a debt of any member or state representative of the [Utah
1344 Communications Agency Network] authority, and do not constitute indebtedness for purposes
1345 of any constitutional or statutory debt limitation or restrictions.
1346 (b) The face of the bonds and other obligations shall state the provisions of Subsection
1347 (4)(a).
1348 (5) Any bonds of the [Utah Communications Agency Network] authority shall be
1349 revenue obligations, payable solely from the proceeds, revenues, or purchase and lease
1350 payments received by the [Utah Communications Agency Network] authority for the
1351 communications network.
1352 (6) The full faith and credit of any member or state representative may not be pledged
1353 directly or indirectly for the payment of the bonds.
1354 (7) A member or state representative may not incur any pecuniary liability under this
1355 chapter until it enters into a service contract, lease, or other financing obligation with the [Utah
1356 Communications Agency Network] authority. Once a member enters into a service contract,
1357 lease, or other financing obligation with the [Utah Communications Agency Network]
1358 authority, the member shall be obligated to the [Utah Communications Agency Network]
1359 authority as provided in that contract, lease, or financing obligation.
1360 (8) A bond or obligation may not be made payable out of any funds or properties other

1361 than those of the [Utah Communications Agency Network] authority.
1362 (9) Bonds of the [Utah Communications Agency Network] authority are:
1363 (a) declared to be issued for an essential public and governmental purpose by public
1364 instrumentalities; and
1365 (b) together with interest and income, exempt from all taxes, except the corporate
1366 franchise tax.
1367 (10) The provisions of this chapter exempting the properties of the [Utah
1368 Communications Agency Network] authority and its bonds and interest and income on them
1369 from taxation shall be considered part of the contract for the security of bonds and have the
1370 force of contract, by virtue of this part and without the necessity of this being restated in the
1371 bonds, between the bondholders, including all transferees of the bonds, [and] the [Utah
1372 Communications Agency Network] authority and the state.
1373 Section 25. Section 63H-7-402 , which is renumbered from Section 63C-7-302 is
1374 renumbered and amended to read:
1375 [63C-7-302]. 63H-7-402. Bonds to be authorized by resolution -- Form --
1376 Sale -- Negotiability -- Validity presumed.
1377 (1) Bonds of the [Utah Communications Agency Network] authority shall:
1378 (a) be authorized by resolution of the [executive committee] board and may be issued
1379 in one or more series;
1380 (b) bear dates, mature, bear interest rates, be in denominations, be either coupon or
1381 registered, carry conversion or registration privileges, have rank or priority, be executed, and be
1382 payable; and
1383 (c) be subject to terms of redemption, with or without premium, as the resolution or its
1384 trust indenture provides.
1385 (2) The bonds may bear interest at a fixed or variable interest rate as the resolution
1386 provides. The resolution may establish a method, formula, or index pursuant to which the
1387 interest rate on the bonds may be determined from time to time.
1388 (3) In connection with the bonds, and on behalf of the [Utah Communications Agency
1389 Network, the executive committee] authority, the board may authorize and enter into
1390 agreements or other arrangements with financial, banking, and other institutions for letters of
1391 credit, standby letters of credit, surety bonds, reimbursement agreements, remarketing

1392 agreements, indexing agreements, tender agent agreements, and other agreements to secure the
1393 bonds, to enhance the marketability and creditworthiness of the bonds, to determine a fixed or
1394 variable interest rate on the bonds, and to pay from any legally available source, including the
1395 proceeds of the bonds, of fees, charges, and other amounts coming due with respect to any such
1396 agreements.
1397 (4) The bonds may be sold at public or private sale in a manner and at prices, either at,
1398 in excess of, or below par value as provided by resolution of the [executive committee] board.
1399 (5) If members or officers of the [Utah Communications Agency Network] authority
1400 whose signatures appear on bonds or coupons cease to be members or officers before the
1401 delivery of the bonds, their signatures are valid and sufficient for all purposes.
1402 (6) Any bonds issued under this part are fully negotiable.
1403 (7) In any suit, action, or proceeding involving the validity or enforceability of any
1404 bond of the [Utah Communications Agency Network] authority or the security for it, any bond
1405 reciting in substance that it has been issued by the [Utah Communications Agency Network]
1406 authority to aid in financing the communications network shall be conclusively considered to
1407 have been issued for such purposes, and the communications network shall be conclusively
1408 considered to have been planned, located, and carried out in accordance with this part.
1409 Section 26. Section 63H-7-403 , which is renumbered from Section 63C-7-303 is
1410 renumbered and amended to read:
1411 [63C-7-303]. 63H-7-403. Bonds and other obligations -- Additional
1412 powers of the authority.
1413 In connection with the issuance of bonds or the incurring of obligations under leases,
1414 and in order to secure the payment of bonds or obligations, the [Utah Communications Agency
1415 Network] authority, in addition to its other powers, may:
1416 (1) pledge all or any part of its gross or net rents, fees, or revenues to which its right
1417 then exists or may accrue in the future;
1418 (2) mortgage all or any part of its real or personal property owned or acquired in the
1419 future;
1420 (3) covenant against:
1421 (a) pledging all or any part of its rents, fees, and revenues;
1422 (b) mortgaging all or any part of its real or personal property to which its right or title

1423 then exists or accrues in the future;
1424 (c) permitting any lien on its revenues or property;
1425 (d) extending the time for the payment of its bonds or interest on them;
1426 (e) the use and disposition of the money held in the funds in Subsection (7); and
1427 (f) the use, maintenance, and replacement of any or all of its real or personal property;
1428 (4) covenant as to:
1429 (a) bonds to be issued;
1430 (b) the issuance of bonds in escrow or otherwise;
1431 (c) the use and disposition of the bond proceeds;
1432 (d) the insurance to be carried on the property in Subsection (3)(f) and the use and
1433 disposition of insurance money; and
1434 (e) the rights, liabilities, powers, and duties arising upon its breach of any covenant,
1435 condition, or obligation;
1436 (5) provide for the replacement of lost, destroyed, or mutilated bonds;
1437 (6) covenant for the redemption of the bonds and provide the terms and conditions for
1438 their redemption;
1439 (7) create or authorize the creation of special funds for money held for construction or
1440 operating costs, debt service, reserves, or other purposes; [and]
1441 (8) prescribe the procedure, if any, by which the terms of any contract with
1442 bondholders may be amended or abrogated, the number of bondholders of outstanding bonds
1443 which must consent to the action, and the manner in which consent shall be given;
1444 (9) covenant and prescribe as to events of default and terms and conditions upon which
1445 any or all of its bonds or obligations shall become or may be declared due before maturity, and
1446 as to the terms and conditions upon which such declaration and its consequences may be
1447 waived;
1448 (10) vest in any obligee of the [Utah Communications Agency Network] authority or
1449 any specified proportion of them the right:
1450 (a) to enforce the payment of bonds or any covenants securing or relating to the bonds;
1451 (b) after default by the [Utah Communications Agency Network] authority to:
1452 (i) take possession of and use, operate, and manage any facilities or any part of it or any
1453 funds connected with the facilities and funds, and collect the revenues arising from them; and

1454 (ii) dispose of the facilities and funds in accordance with the agreement with the [Utah
1455 Communications Agency Network] authority;
1456 (11) provide the:
1457 (a) powers and duties of an obligee and limit the obligee's liabilities; and
1458 (b) terms and conditions upon which the obligees may enforce any covenant or rights
1459 securing or relating to the bonds;
1460 (12) exercise all or any part or combination of the powers granted in this chapter;
1461 (13) perform any acts necessary, convenient, or desirable to secure its bonds; and
1462 (14) make any covenants or perform any acts calculated to make the bonds more
1463 marketable.
1464 Section 27. Section 63H-7-404 , which is renumbered from Section 63C-7-304 is
1465 renumbered and amended to read:
1466 [63C-7-304]. 63H-7-404. Reserve funds for debt service.
1467 (1) To assure the continued operation and solvency of the [Utah Communications
1468 Agency Network] authority for the carrying out of its purpose, the [Utah Communications
1469 Agency Network] authority may establish reserve funds necessary to secure the payment of
1470 debt service on its bonds.
1471 (2) The resolution authorizing the issuance of the bonds shall specify the minimum
1472 amount that is required to be on deposit in the reserve funds.
1473 (3) The chair shall annually, on or before December 1, certify to the governor, the
1474 director of finance, and to each member the amount, if any, required to restore the funds to
1475 their required funding levels.
1476 (4) (a) The governor may request from the Legislature an appropriation of the amount
1477 certified in Subsection (3) to restore the reserve funds to their required funding levels or to
1478 meet any projected principal or interest payment deficiency. Any amount appropriated shall be
1479 repaid to the General Fund of the state in excess of the amounts which the [executive
1480 committee] board determines will keep it self-supporting.
1481 (b) The [executive committee] board shall adjust the fees of the members so that the
1482 state is repaid for the amount appropriated in Subsection (4)(a) within 18 months after the state
1483 has paid the deficit.
1484 (5) The members are jointly responsible for 1/2 the amount certified in Subsection (3)

1485 to restore the reserve funds to their required funding levels. The [executive committee] board
1486 may request from each member money proportionate to their participation in the network to
1487 restore the funding level. Any amount paid by the members shall be proportionally repaid to
1488 them from 1/2 of any money in excess of the amounts which the [executive committee] board
1489 determines will keep it self-supporting.
1490 Section 28. Section 63H-7-405 , which is renumbered from Section 63C-7-305 is
1491 renumbered and amended to read:
1492 [63C-7-305]. 63H-7-405. Investment of the authority funds.
1493 The state treasurer shall invest all money held on deposit by or on behalf of the [Utah
1494 Communications Agency Network] authority. The [executive committee] board may provide
1495 advice to the state treasurer concerning investment of the money of the [Utah Communications
1496 Agency Network] authority.
1497 Section 29. Section 63H-7-406 , which is renumbered from Section 63C-7-306 is
1498 renumbered and amended to read:
1499 [63C-7-306]. 63H-7-406. Publication of notice, resolution, or other
1500 proceeding -- Period for contesting.
1501 (1) The [executive committee of the Utah Communications Agency Network] board
1502 may provide for the publication of any resolution or other proceedings adopted under this
1503 chapter:
1504 (a) in a newspaper of general circulation within the state; and
1505 (b) as required in Section 45-1-101 .
1506 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
1507 [executive committee] board may, in lieu of publishing the entire resolution or other
1508 proceeding, publish a notice of bonds to be issued containing:
1509 (a) the name of the issuer;
1510 (b) the purpose of the issue;
1511 (c) the type of bonds and the maximum principal amount which may be issued;
1512 (d) the maximum number of years over which the bonds may mature;
1513 (e) the maximum interest rate which the bonds may bear, if any;
1514 (f) the maximum discount from par, expressed as a percentage of principal amount, at
1515 which the bonds may be sold; and

1516 (g) the times and place where a copy of the resolution or other proceeding may be
1517 examined, which shall be at the principal office of the [Utah Communications Agency
1518 Network] authority during regular business hours and for a period of at least 30 days after the
1519 publication of the notice.
1520 (3) For a period of 30 days after the publication, any person in interest may contest the
1521 legality of the resolution or proceeding, any bonds which may be authorized by the resolution
1522 or proceeding, or any provision made for the security and payment of the bonds by filing a
1523 pleading with the district court for the city in which the [Utah Communications Network]
1524 authority maintains its principal office.
1525 Section 30. Section 63H-7-501 , which is renumbered from Section 63C-7-208 is
1526 renumbered and amended to read:
1527 Part 5. General Provisions
1528 [63C-7-208]. 63H-7-501. Property and funds of the authority declared
1529 public property -- Exemption from taxes.
1530 (1) The property and funds of the [Utah Communications Agency Network] authority
1531 are declared to be public property used for essential public and governmental purposes.
1532 (2) The property and the [Utah Communications Agency Network] authority are
1533 exempt from all taxes and special assessments of any public body. This tax exemption does
1534 not apply to any portion of a project used for a profit-making enterprise.
1535 Section 31. Section 63H-7-502 , which is renumbered from Section 63C-7-209 is
1536 renumbered and amended to read:
1537 [63C-7-209]. 63H-7-502. Term of the authority -- Dissolution --
1538 Withdrawal.
1539 (1) (a) The [Utah Communications Agency Network] authority may be dissolved by [a
1540 vote of 3/4 of all the members of the board or by] an act of the Legislature.
1541 (b) Title to all assets of the [Utah Communications Agency Network] authority upon
1542 its dissolution shall revert to the members and the state pro rata, based upon the total amount of
1543 money paid to the [Utah Communications Agency Network] authority by each member or the
1544 state for services provided to each by the communications network.
1545 (c) The board is authorized to:
1546 (i) take any necessary action to dissolve the [Utah Communications Agency Network]

1547 authority; and
1548 (ii) dispose of the property of the [Utah Communications Agency Network] authority
1549 upon its dissolution as provided in Subsection (1)(b).
1550 (2) (a) Each member may, at any time, withdraw as a member of the [Utah
1551 Communications Agency Network] authority by delivering to the [executive committee] board
1552 a written notice of withdrawal which has been approved by the governing body of the member,
1553 except that a member may not withdraw from the [Utah Communications Agency Network]
1554 authority at any time during which it has an outstanding payment obligation to the [Utah
1555 Communications Agency Network] authority as a result of having entered into a service
1556 contract, lease, or other financial obligation.
1557 (b) Except as provided in Subsection (2)(a), the [executive committee] board shall
1558 delete the petitioning member from the membership of the [Utah Communications Agency
1559 Network] authority as of the date of the [executive committee's] board's receipt of the
1560 member's notice of withdrawal. The [executive committee] board may not include a member
1561 who has given notice of withdrawal in any future obligation of the [Utah Communications
1562 Agency Network] authority.
1563 Section 32. Section 63H-7-503 , which is renumbered from Section 63C-7-210 is
1564 renumbered and amended to read:
1565 [63C-7-210]. 63H-7-503. Relation to certain acts -- Participation in Risk
1566 Management Fund.
1567 (1) The [Utah Communications Agency Network] Utah Communications Authority is
1568 exempt from:
1569 (a) Title 63J, Chapter 1, Budgetary Procedures Act;
1570 (b) Title 63A, Utah Administrative Services Code, except as provided in Section
1571 63A-4-205.5 ;
1572 (c) Title 63G, Chapter 6a, Utah Procurement Code;
1573 (d) Title 63G, Chapter 4, Administrative Procedures Act; and
1574 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
1575 (2) The board shall adopt budgetary procedures, accounting, procurement, and
1576 personnel policies substantially similar to those from which they have been exempted in
1577 Subsection (1).

1578 (3) Subject to the requirements of Subsection 63E-1-304 (2), the administration may
1579 participate in coverage under the Risk Management Fund created by Section 63A-4-201 .
1580 Section 33. Section 63H-7-504 , which is renumbered from Section 63C-7-211 is
1581 renumbered and amended to read:
1582 [63C-7-211]. 63H-7-504. Annual report to governor and Legislature --
1583 Contents -- Audit by state auditor -- Reimbursement for costs.
1584 (1) The [Utah Communications Agency Network] authority shall, following the close
1585 of each fiscal year, submit an annual report of its activities for the preceding year to the
1586 governor and the Legislature. Each report shall set forth a complete operating and financial
1587 statement of the agency during the fiscal year it covers.
1588 (2) The state auditor shall at least once in each year audit the books and accounts of the
1589 [Utah Communications Agency Network] authority or shall contract with an independent
1590 certified public accountant for this audit. The audit shall include a review of the procedures
1591 adopted under the requirements of Subsection [ 63C-7-210 ] 63H-7-503 (2) and a determination
1592 as to whether the board has complied with the requirements of Subsection [ 63C-7-210 ]
1593 63H-7-503 (2).
1594 (3) The [Utah Communications Agency Network] authority shall reimburse the state
1595 auditor from available money of the [Utah Communications Agency Network] authority for the
1596 actual and necessary costs of that audit.
1597 Section 34. Section 63I-1-269 is amended to read:
1598 63I-1-269. Repeal dates, Title 69.
1599 Section 69-2-5.6 , Emergency services telecommunications charge to fund unified
1600 statewide [unified E-911] 911 emergency service, is repealed July 1, 2021.
1601 Section 35. Section 63I-4a-102 is amended to read:
1602 63I-4a-102. Definitions.
1603 (1) (a) "Activity" means to provide a good or service.
1604 (b) "Activity" includes to:
1605 (i) manufacture a good or service;
1606 (ii) process a good or service;
1607 (iii) sell a good or service;
1608 (iv) offer for sale a good or service;

1609 (v) rent a good or service;
1610 (vi) lease a good or service;
1611 (vii) deliver a good or service;
1612 (viii) distribute a good or service; or
1613 (ix) advertise a good or service.
1614 (2) (a) Except as provided in Subsection (2)(b), "agency" means:
1615 (i) the state; or
1616 (ii) an entity of the state including a department, office, division, authority,
1617 commission, or board.
1618 (b) "Agency" does not include:
1619 (i) the Legislature;
1620 (ii) an entity or agency of the Legislature;
1621 (iii) the state auditor;
1622 (iv) the state treasurer;
1623 (v) the Office of the Attorney General;
1624 (vi) the Dairy Commission created in Title 4, Chapter 22, Dairy Promotion Act;
1625 (vii) the Utah Science Center Authority created in Title 63H, Chapter 3, Utah Science
1626 Center Authority;
1627 (viii) the Heber Valley Railroad Authority created in Title 63H, Chapter 4, Heber
1628 Valley Historic Railroad Authority;
1629 (ix) the Utah State Railroad Museum Authority created in Title 63H, Chapter 5, Utah
1630 State Railroad Museum Authority;
1631 (x) the Utah Housing Corporation created in Title 35A, Chapter 8, Part 7, Utah
1632 Housing Corporation Act;
1633 (xi) the Utah State Fair Corporation created in Title 63H, Chapter 6, Utah State Fair
1634 Corporation Act;
1635 (xii) the Workers' Compensation Fund created in Title 31A, Chapter 33, Workers'
1636 Compensation Fund;
1637 (xiii) the Utah State Retirement Office created in Title 49, Chapter 11, Utah State
1638 Retirement Systems Administration;
1639 (xiv) a charter school chartered by the State Charter School Board or a board of

1640 trustees of a higher education institution under Title 53A, Chapter 1a, Part 5, The Utah Charter
1641 Schools Act;
1642 (xv) the Utah Schools for the Deaf and the Blind created in Title 53A, Chapter 25b,
1643 Utah Schools for the Deaf and the Blind;
1644 (xvi) an institution of higher education as defined in Section 53B-3-102 ;
1645 (xvii) the School and Institutional Trust Lands Administration created in Title 53C,
1646 Chapter 1, Part 2, School and Institutional Trust Lands Administration;
1647 (xviii) the [Utah Communications Agency Network] Utah Communications Authority
1648 created in Title [63C] 63H, Chapter 7, [Utah Communications Agency Network] Utah
1649 Communications Authority Act; or
1650 (xix) the Utah Capital Investment Corporation created in Title 63M, Chapter 1, Part 12,
1651 Utah Venture Capital Enhancement Act.
1652 (3) "Agency head" means the chief administrative officer of an agency.
1653 (4) "Board" means the Free Market Protection and Privatization Board created in
1654 Section 63I-4a-202 .
1655 (5) "Commercial activity" means to engage in an activity that can be obtained in whole
1656 or in part from a private enterprise.
1657 (6) "Local entity" means:
1658 (a) a political subdivision of the state, including a:
1659 (i) county;
1660 (ii) city;
1661 (iii) town;
1662 (iv) local school district;
1663 (v) local district; or
1664 (vi) special service district;
1665 (b) an agency of an entity described in this Subsection (6), including a department,
1666 office, division, authority, commission, or board; or
1667 (c) an entity created by an interlocal cooperative agreement under Title 11, Chapter 13,
1668 Interlocal Cooperation Act, between two or more entities described in this Subsection (6).
1669 (7) "Private enterprise" means a person that engages in an activity for profit.
1670 (8) "Privatize" means that an activity engaged in by an agency is transferred so that a

1671 private enterprise engages in the activity, including a transfer by:
1672 (a) contract;
1673 (b) transfer of property; or
1674 (c) another arrangement.
1675 (9) "Special district" means:
1676 (a) a local district, as defined in Section 17B-1-102 ;
1677 (b) a special service district, as defined in Section 17D-1-102 ; or
1678 (c) a conservation district, as defined in Section 17D-3-102 .
1679 Section 36. Section 63J-1-201 is amended to read:
1680 63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
1681 -- Appropriations based on current tax laws and not to exceed estimated revenues.
1682 (1) The governor shall deliver, not later than 30 days before the date the Legislature
1683 convenes in the annual general session, a confidential draft copy of the governor's proposed
1684 budget recommendations to the Office of the Legislative Fiscal Analyst according to the
1685 requirements of this section.
1686 (2) (a) When submitting a proposed budget, the governor shall, within the first three
1687 days of the annual general session of the Legislature, submit to the presiding officer of each
1688 house of the Legislature:
1689 (i) a proposed budget for the ensuing fiscal year;
1690 (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
1691 with each change clearly itemized and classified; and
1692 (iii) as applicable, a document showing proposed changes in estimated revenues that
1693 are based on changes in state tax laws or rates.
1694 (b) The proposed budget shall include:
1695 (i) a projection of the total estimated revenues, including estimated receipts of federal
1696 funds, and appropriations for the next fiscal year;
1697 (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
1698 federal grants or assistance programs included in the budget;
1699 (iii) a plan of proposed changes to appropriations and estimated revenues for the next
1700 fiscal year that is based upon the current fiscal year state tax laws and rates and considers
1701 projected changes in federal grants or assistance programs included in the budget;

1702 (iv) an itemized estimate of the proposed changes to appropriations for:
1703 (A) the Legislative Department as certified to the governor by the president of the
1704 Senate and the speaker of the House;
1705 (B) the Executive Department;
1706 (C) the Judicial Department as certified to the governor by the state court
1707 administrator;
1708 (D) changes to salaries payable by the state under the Utah Constitution or under law
1709 for lease agreements planned for the next fiscal year; and
1710 (E) all other changes to ongoing or one-time appropriations, including dedicated
1711 credits, restricted funds, nonlapsing balances, grants, and federal funds;
1712 (v) for each line item, the average annual dollar amount of staff funding associated
1713 with all positions that were vacant during the last fiscal year;
1714 (vi) deficits or anticipated deficits;
1715 (vii) the recommendations for each state agency for new full-time employees for the
1716 next fiscal year, which shall also be provided to the State Building Board as required by
1717 Subsection 63A-5-103 (2);
1718 (viii) any explanation that the governor may desire to make as to the important features
1719 of the budget and any suggestion as to methods for the reduction of expenditures or increase of
1720 the state's revenue; and
1721 (ix) information detailing certain fee increases as required by Section 63J-1-504 .
1722 (3) For the purpose of preparing and reporting the proposed budget:
1723 (a) The governor shall require the proper state officials, including all public and higher
1724 education officials, all heads of executive and administrative departments and state institutions,
1725 bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
1726 state money, and all institutions applying for state money and appropriations, to provide
1727 itemized estimates of changes in revenues and appropriations.
1728 (b) The governor may require the persons and entities subject to Subsection (3)(a) to
1729 provide other information under these guidelines and at times as the governor may direct,
1730 which may include a requirement for program productivity and performance measures, where
1731 appropriate, with emphasis on outcome indicators.
1732 (c) The governor may require representatives of public and higher education, state

1733 departments and institutions, and other institutions or individuals applying for state
1734 appropriations to attend budget meetings.
1735 (4) In submitting the budgets for the Departments of Health and Human Services and
1736 the Office of the Attorney General, the governor shall consider a separate recommendation in
1737 the governor's budget for changes in funds to be contracted to:
1738 (a) local mental health authorities under Section 62A-15-110 ;
1739 (b) local substance abuse authorities under Section 62A-15-110 ;
1740 (c) area agencies under Section 62A-3-104.2 ;
1741 (d) programs administered directly by and for operation of the Divisions of Substance
1742 Abuse and Mental Health and Aging and Adult Services;
1743 (e) local health departments under Title 26A, Chapter 1, Local Health Departments;
1744 and
1745 (f) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
1746 (5) (a) In making budget recommendations, the governor shall consider an amount
1747 sufficient to grant the following entities the same percentage increase for wages and benefits
1748 that the governor includes in the governor's budget for persons employed by the state:
1749 (i) local health departments, local mental health authorities, local substance abuse
1750 authorities, and area agencies;
1751 (ii) local conservation districts and Utah Association of Conservation District
1752 employees, as related to the budget for the Department of Agriculture; and
1753 (iii) employees of corporations that provide direct services under contract with:
1754 (A) the Utah State Office of Rehabilitation and the Division of Services for People
1755 with Disabilities;
1756 (B) the Division of Child and Family Services; and
1757 (C) the Division of Juvenile Justice Services within the Department of Human
1758 Services.
1759 (b) If the governor does not include in the governor's budget an amount sufficient to
1760 grant an increase for any entity described in Subsection (5)(a), the governor shall include a
1761 message to the Legislature regarding the governor's reason for not including that amount.
1762 (6) The governor shall include in the governor's budget the state's portion of the budget
1763 for the [Utah Communications Agency Network] Utah Communications Authority established

1764 in Title [63C] 63H, Chapter 7, [Utah Communications Agency Network] Utah
1765 Communications Authority Act.
1766 (7) (a) The governor shall include a separate recommendation in the governor's budget
1767 for funds to maintain the operation and administration of the Utah Comprehensive Health
1768 Insurance Pool. In making the recommendation, the governor may consider:
1769 (i) actuarial analysis of growth or decline in enrollment projected over a period of at
1770 least three years;
1771 (ii) actuarial analysis of the medical and pharmacy claims costs projected over a period
1772 of at least three years;
1773 (iii) the annual Medical Care Consumer Price Index;
1774 (iv) the annual base budget for the pool established by the Business, Economic
1775 Development, and Labor Appropriations Subcommittee for each fiscal year;
1776 (v) the growth or decline in insurance premium taxes and fees collected by the State
1777 Tax Commission and the Insurance Department; and
1778 (vi) the availability of surplus General Fund revenue under Section 63J-1-312 and
1779 Subsection 59-14-204 (5).
1780 (b) In considering the factors in Subsections (7)(a)(i), (ii), and (iii), the governor may
1781 consider the actuarial data and projections prepared for the board of the Utah Comprehensive
1782 Health Insurance Pool as it develops the governor's financial statements and projections for
1783 each fiscal year.
1784 (8) (a) In submitting the budget for the Department of Public Safety, the governor shall
1785 include a separate recommendation in the governor's budget for maintaining a sufficient
1786 number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
1787 or below the number specified in Subsection 32B-1-201 (2).
1788 (b) If the governor does not include in the governor's budget an amount sufficient to
1789 maintain the number of alcohol-related law enforcement officers described in Subsection
1790 (8)(a), the governor shall include a message to the Legislature regarding the governor's reason
1791 for not including that amount.
1792 (9) (a) The governor may revise all estimates, except those relating to the Legislative
1793 Department, the Judicial Department, and those providing for the payment of principal and
1794 interest to the state debt and for the salaries and expenditures specified by the Utah

1795 Constitution or under the laws of the state.
1796 (b) The estimate for the Judicial Department, as certified by the state court
1797 administrator, shall also be included in the budget without revision, but the governor may make
1798 separate recommendations on the estimate.
1799 (10) The total appropriations requested for expenditures authorized by the budget may
1800 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
1801 fiscal year.
1802 (11) If any item of the budget as enacted is held invalid upon any ground, the invalidity
1803 does not affect the budget itself or any other item in it.
1804 Section 37. Section 63J-7-102 is amended to read:
1805 63J-7-102. Scope and applicability of chapter.
1806 (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
1807 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
1808 this chapter apply to each agency and govern each grant received on or after May 5, 2008.
1809 (2) This chapter does not govern:
1810 (a) a grant deposited into a General Fund restricted account;
1811 (b) a grant deposited into a Trust and Agency Fund as defined in Section 51-5-4 ;
1812 (c) a grant deposited into an Enterprise Fund as defined in Section 51-5-4 ;
1813 (d) a grant made to the state without a restriction or other designated purpose that is
1814 deposited into the General Fund as free revenue;
1815 (e) a grant made to the state that is restricted only to "education" and that is deposited
1816 into the Education Fund or Uniform School Fund as free revenue;
1817 (f) in-kind donations;
1818 (g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
1819 when required by state law or application of state law;
1820 (h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
1821 Contribution Act;
1822 (i) a grant received by an agency from another agency or political subdivision;
1823 (j) a grant to the Dairy Commission created in Title 4, Chapter 22, Dairy Promotion
1824 Act;
1825 (k) a grant to the Utah Science Center Authority created in Title 63H, Chapter 3, Utah

1826 Science Center Authority;
1827 (l) a grant to the Heber Valley Railroad Authority created in Title 63H, Chapter 4,
1828 Heber Valley Historic Railroad Authority;
1829 (m) a grant to the Utah State Railroad Museum Authority created in Title 63H, Chapter
1830 5, Utah State Railroad Museum Authority;
1831 (n) a grant to the Utah Housing Corporation created in Title 35A, Chapter 8, Part 7,
1832 Utah Housing Corporation Act;
1833 (o) a grant to the Utah State Fair Corporation created in Title 63H, Chapter 6, Utah
1834 State Fair Corporation Act;
1835 (p) a grant to the Workers' Compensation Fund created in Title 31A, Chapter 33,
1836 Workers' Compensation Fund;
1837 (q) a grant to the Utah State Retirement Office created in Title 49, Chapter 11, Utah
1838 State Retirement Systems Administration;
1839 (r) a grant to the School and Institutional Trust Lands Administration created in Title
1840 53C, Chapter 1, Part 2, School and Institutional Trust Lands Administration;
1841 (s) a grant to the [Utah Communications Agency Network] Utah Communications
1842 Authority created in Title [63C] 63H, Chapter 7, [Utah Communications Agency Network]
1843 Utah Communications Authority Act;
1844 (t) a grant to the Medical Education Program created in Section 53B-24-202 ;
1845 (u) a grant to the Utah Capital Investment Corporation created in Title 63M, Chapter 1,
1846 Part 12, Utah Venture Capital Enhancement Act;
1847 (v) a grant to the Utah Charter School Finance Authority created in Section
1848 53A-20b-103 ;
1849 (w) a grant to the State Building Ownership Authority created in Section 63B-1-304 ;
1850 (x) a grant to the Utah Comprehensive Health Insurance Pool created in Section
1851 31A-29-104 ; or
1852 (y) a grant to the Military Installation Development Authority created in Section
1853 63H-1-201 .
1854 (3) An agency need not seek legislative review or approval of grants under Part 2,
1855 Grant Approval Requirements, if:
1856 (a) the governor has declared a state of emergency; and

1857 (b) the grant is donated to the agency to assist victims of the state of emergency under
1858 Subsection 53-2a-204 (1).
1859 Section 38. Section 69-2-2 is amended to read:
1860 69-2-2. Definitions.
1861 As used in this chapter:
1862 (1) "911 emergency [telephone] service" means a unified statewide communication
1863 system which provides citizens with rapid direct access to public [emergency operation centers
1864 by dialing the telephone number] safety answering points by accessing "911" with the objective
1865 of reducing the response time to situations requiring law enforcement, fire, medical, rescue,
1866 and other emergency services.
1867 (2) "Local exchange service" means the provision of public telecommunications
1868 services by a wireline common carrier to customers within a geographic area encompassing one
1869 or more local communities as described in the carrier's service territory maps, tariffs, price
1870 lists, or rate schedules filed with and approved by the Public Service Commission.
1871 (3) "Local exchange service switched access line" means the transmission facility and
1872 local switching equipment used by a wireline common carrier to connect a customer location to
1873 a carrier's local exchange switching network for providing two-way interactive voice, or voice
1874 capable, services.
1875 (4) "Mobile telecommunications service" is as defined in Section 54-8b-2 .
1876 (5) "Public agency" means any county, city, town, special service district, or public
1877 authority located within the state which provides or has authority to provide fire fighting, law
1878 enforcement, ambulance, medical, or other emergency services.
1879 (6) "Public safety agency" means a functional division of a public agency which
1880 provides fire fighting, law enforcement, medical, or other emergency services.
1881 (7) "Public safety answering point" means a facility that:
1882 (a) is equipped and staffed under the authority of a political subdivision; and
1883 (b) receives 911 [calls] communications, other calls for emergency services, and
1884 asynchronous event notifications for a defined geographic area.
1885 (8) "Radio communications access line" means the radio equipment and assigned
1886 customer identification number used to connect a mobile or fixed radio customer in Utah to a
1887 radio communication service provider's network for two-way interactive voice, or voice

1888 capable, services.
1889 (9) "Radio communications service" means a public telecommunications service
1890 providing the capability of two-way interactive telecommunications between mobile and fixed
1891 radio customers, and between mobile or fixed radio customers and the local exchange service
1892 network customers of a wireline common carrier. Radio communications service providers
1893 include corporations, persons or entities offering cellular telephone service, enhanced
1894 specialized mobile radio service, rural radio service, radio common carrier services, personal
1895 communications services, and any equivalent wireless public telecommunications service, as
1896 defined in 47 CFR, parts 20, 22, 24, and 90.
1897 (10) "Wireline common carrier" means a public telecommunications service provider
1898 that primarily uses metallic or nonmetallic cables and wires for connecting customers to its
1899 local exchange service networks.
1900 Section 39. Section 69-2-3 is amended to read:
1901 69-2-3. 911 service -- Establishment.
1902 The governing authority of any public agency may establish a 911 emergency
1903 [telephone] service to provide service to any part or all of the territory lying within the
1904 geographical area of such public agency and may join with the governing authority of any other
1905 contiguous public agency to provide 911 emergency [telephone] service to any part or all of the
1906 territory lying within their respective jurisdictions. A county may provide 911 emergency
1907 [telephone] service within other contiguous public safety agency jurisdictions only upon
1908 agreement with the governing authority of such public safety agency.
1909 Section 40. Section 69-2-4 is amended to read:
1910 69-2-4. Administration.
1911 The administration of the 911 emergency [telephone] system shall be provided by the
1912 governing authority of the public agency establishing 911 emergency [telephone] service either
1913 directly or by the appointment of employees of the public agency as directed by the governing
1914 authority, except that any 911 emergency [telephone] service established by a special service
1915 district shall be administered as set forth in Title 17D, Chapter 1, Special Service District Act.
1916 Section 41. Section 69-2-5 is amended to read:
1917 69-2-5. Funding for 911 emergency service -- Administrative charge.
1918 (1) In providing funding of 911 emergency [telecommunications] service, any public

1919 agency establishing a 911 emergency [telecommunications] service may:
1920 (a) seek assistance from the federal or state government, to the extent constitutionally
1921 permissible, in the form of loans, advances, grants, subsidies, and otherwise, directly or
1922 indirectly;
1923 (b) seek funds appropriated by local governmental taxing authorities for the funding of
1924 public safety agencies; and
1925 (c) seek gifts, donations, or grants from individuals, corporations, or other private
1926 entities.
1927 (2) For purposes of providing funding of 911 emergency [telecommunications] service,
1928 special service districts may raise funds as provided in Section 17D-1-105 and may borrow
1929 money and incur indebtedness as provided in Section 17D-1-103 .
1930 (3) (a) Except as provided in Subsection (3)(b) and subject to the other provisions of
1931 this Subsection (3) a county, city, or town within which 911 emergency [telecommunications]
1932 service is provided may levy a monthly [an] 911 emergency services [telecommunications]
1933 charge on:
1934 (i) each local exchange service switched access line within the boundaries of the
1935 county, city, or town;
1936 (ii) each revenue producing radio communications access line with a billing address
1937 within the boundaries of the county, city, or town; and
1938 (iii) any other service, including voice over Internet protocol, provided to a user within
1939 the boundaries of the county, city, or town that allows the user to make calls to and receive
1940 calls from the public switched telecommunications network, including commercial mobile
1941 radio service networks.
1942 (b) Notwithstanding Subsection (3)(a), an access line provided for public coin
1943 telecommunications service is exempt from 911 emergency [telecommunications] service
1944 charges.
1945 (c) The amount of the charge levied under this section may not exceed:
1946 (i) [61] 64 cents per month for each local exchange service switched access line;
1947 (ii) [61] 64 cents per month for each radio communications access line; and
1948 (iii) [61] 64 cents per month for each service under Subsection (3)(a)(iii).
1949 (d) (i) For purposes of this Subsection (3)(d) the following terms shall be defined as

1950 provided in Section 59-12-102 or 59-12-215 :
1951 (A) "mobile telecommunications service";
1952 (B) "place of primary use";
1953 (C) "service address"; and
1954 (D) "telecommunications service."
1955 (ii) An access line described in Subsection (3)(a) is considered to be within the
1956 boundaries of a county, city, or town if the telecommunications services provided over the
1957 access line are located within the county, city, or town:
1958 (A) for purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax
1959 Act; and
1960 (B) determined in accordance with Section 59-12-215 .
1961 (iii) The rate imposed on an access line under this section shall be determined in
1962 accordance with Subsection (3)(d)(iv) if the location of an access line described in Subsection
1963 (3)(a) is determined under Subsection (3)(d)(ii) to be a county, city, or town other than county,
1964 city, or town in which is located:
1965 (A) for a telecommunications service, the purchaser's service address; or
1966 (B) for mobile telecommunications service, the purchaser's place of primary use.
1967 (iv) The rate imposed on an access line under this section shall be the lower of:
1968 (A) the rate imposed by the county, city, or town in which the access line is located
1969 under Subsection (3)(d)(ii); or
1970 (B) the rate imposed by the county, city, or town in which it is located:
1971 (I) for telecommunications service, the purchaser's service address; or
1972 (II) for mobile telecommunications service, the purchaser's place of primary use.
1973 (e) (i) A county, city, or town shall notify the Public Service Commission of the intent
1974 to levy the charge under this Subsection (3) at least 30 days before the effective date of the
1975 charge being levied.
1976 (ii) For purposes of this Subsection (3)(e):
1977 (A) "Annexation" means an annexation to:
1978 (I) a city or town under Title 10, Chapter 2, Part 4, Annexation; or
1979 (II) a county under Title 17, Chapter 2, County Consolidations and Annexations.
1980 (B) "Annexing area" means an area that is annexed into a county, city, or town.

1981 (iii) (A) Except as provided in Subsection (3)(e)(iii)(C) or (D), if [on or after July 1,
1982 2003,] a county, city, or town enacts or repeals a charge or changes the amount of the charge
1983 under this section, the enactment, repeal, or change shall take effect:
1984 (I) on the first day of a calendar quarter; and
1985 (II) after a 90-day period beginning on the date the State Tax Commission receives
1986 notice meeting the requirements of Subsection (3)(e)(iii)(B) from the county, city, or town.
1987 (B) The notice described in Subsection (3)(e)(iii)(A) shall state:
1988 (I) that the county, city, or town will enact or repeal a charge or change the amount of
1989 the charge under this section;
1990 (II) the statutory authority for the charge described in Subsection (3)(e)(iii)(B)(I);
1991 (III) the effective date of the charge described in Subsection (3)(e)(iii)(B)(I); and
1992 (IV) if the county, city, or town enacts the charge or changes the amount of the charge
1993 described in Subsection (3)(e)(iii)(B)(I), the amount of the charge.
1994 (C) Notwithstanding Subsection (3)(e)(iii)(A), the enactment of a charge or a charge
1995 increase under this section shall take effect on the first day of the first billing period:
1996 (I) that begins after the effective date of the enactment of the charge or the charge
1997 increase; and
1998 (II) if the billing period for the charge begins before the effective date of the enactment
1999 of the charge or the charge increase imposed under this section.
2000 (D) Notwithstanding Subsection (3)(e)(iii)(A), the repeal of a charge or a charge
2001 decrease under this section shall take effect on the first day of the last billing period:
2002 (I) that began before the effective date of the repeal of the charge or the charge
2003 decrease; and
2004 (II) if the billing period for the charge begins before the effective date of the repeal of
2005 the charge or the charge decrease imposed under this section.
2006 (iv) (A) Except as provided in Subsection (3)(e)(iv)(C) or (D), if [for an annexation
2007 that occurs on or after July 1, 2003,] the annexation will result in the enactment, repeal, or a
2008 change in the amount of a charge imposed under this section for an annexing area, the
2009 enactment, repeal, or change shall take effect:
2010 (I) on the first day of a calendar quarter; and
2011 (II) after a 90-day period beginning on the date the State Tax Commission receives

2012 notice meeting the requirements of Subsection (3)(e)(iv)(B) from the county, city, or town that
2013 annexes the annexing area.
2014 (B) The notice described in Subsection (3)(e)(iv)(A) shall state:
2015 (I) that the annexation described in Subsection (3)(e)(iv)(A) will result in an
2016 enactment, repeal, or a change in the charge being imposed under this section for the annexing
2017 area;
2018 (II) the statutory authority for the charge described in Subsection (3)(e)(iv)(B)(I);
2019 (III) the effective date of the charge described in Subsection (3)(e)(iv)(B)(I); and
2020 (IV) if the county, city, or town enacts the charge or changes the amount of the charge
2021 described in Subsection (3)(e)(iv)(B)(I), the amount of the charge.
2022 (C) Notwithstanding Subsection (3)(e)(iv)(A), the enactment of a charge or a charge
2023 increase under this section shall take effect on the first day of the first billing period:
2024 (I) that begins after the effective date of the enactment of the charge or the charge
2025 increase; and
2026 (II) if the billing period for the charge begins before the effective date of the enactment
2027 of the charge or the charge increase imposed under this section.
2028 (D) Notwithstanding Subsection (3)(e)(iv)(A), the repeal of a charge or a charge
2029 decrease under this section shall take effect on the first day of the last billing period:
2030 (I) that began before the effective date of the repeal of the charge or the charge
2031 decrease; and
2032 (II) if the billing period for the charge begins before the effective date of the repeal of
2033 the charge or the charge decrease imposed under this section.
2034 (f) Subject to Subsection (3)(g), [an] a 911 emergency services [telecommunications]
2035 charge levied under this section shall:
2036 (i) be billed and collected by the person that provides the:
2037 (A) local exchange service switched access line services; or
2038 (B) radio communications access line services; and
2039 (ii) except for costs retained under Subsection (3)(h), remitted to the State Tax
2040 Commission.
2041 (g) [An] A 911 emergency services [telecommunications] charge on a mobile
2042 telecommunications service may be levied, billed, and collected only to the extent permitted by

2043 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
2044 (h) The person that bills and collects the charges levied under Subsection (3)(f) may:
2045 (i) bill the charge imposed by this section in combination with the charge levied under
2046 Section 69-2-5.6 as one line item charge; and
2047 (ii) retain an amount not to exceed 1.5% of the levy collected under this section as
2048 reimbursement for the cost of billing, collecting, and remitting the levy.
2049 (i) The State Tax Commission shall[: (i)] collect, enforce, and administer the charge
2050 imposed under this Subsection (3) using the same procedures used in the administration,
2051 collection, and enforcement of the state sales and use taxes under:
2052 [(A)] (i) Title 59, Chapter 1, General Taxation Policies; and
2053 [(B)] (ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
2054 [(I)] (A) Section 59-12-104 ;
2055 [(II)] (B) Section 59-12-104.1 ;
2056 [(III)] (C) Section 59-12-104.2 ;
2057 (D) Section 59-12-104.6 ;
2058 [(IV)] (E) Section 59-12-107.1 ; and
2059 [(V)] (F) Section 59-12-123 [; and].
2060 [(ii)] (j) The State Tax Commission shall transmit money collected under this
2061 Subsection (3) monthly by electronic funds transfer to the county, city, or town that imposes
2062 the charge.
2063 [(j)] (k) A person that pays a charge under this section shall pay the charge to the
2064 commission:
2065 (i) monthly on or before the last day of the month immediately following the last day of
2066 the previous month if:
2067 (A) the person is required to file a sales and use tax return with the commission
2068 monthly under Section 59-12-108 ; or
2069 (B) the person is not required to file a sales and use tax return under Title 59, Chapter
2070 12, Sales and Use Tax Act; or
2071 (ii) quarterly on or before the last day of the month immediately following the last day
2072 of the previous quarter if the person is required to file a sales and use tax return with the
2073 commission quarterly under Section 59-12-107 .

2074 [(k)] (l) A charge a person pays under this section shall be paid using a form prescribed
2075 by the State Tax Commission.
2076 [(l)] (m) The State Tax Commission shall retain and deposit an administrative charge
2077 in accordance with Section 59-1-306 from the revenues the State Tax Commission collects
2078 from a charge under this section.
2079 [(m)] (n) A charge under this section is subject to Section 69-2-5.8 .
2080 (4) (a) Any money received by a public agency for the provision of 911 emergency
2081 [telecommunications] service shall be deposited in a special emergency telecommunications
2082 service fund.
2083 (b) (i) Except as provided in Subsection (5)(b), the money in the 911 emergency
2084 [telecommunications] service fund shall be expended by the public agency to pay the costs of:
2085 (A) establishing, installing, maintaining, and operating a 911 emergency
2086 [telecommunications] service system;
2087 (B) receiving and processing emergency [calls] communications from the 911 system
2088 or other [calls] communications or requests for emergency services;
2089 (C) integrating a 911 emergency service system into an established public safety
2090 dispatch center, including contracting with the providers of local exchange service, radio
2091 communications service, and vendors of appropriate terminal equipment as necessary to
2092 implement the 911 emergency [telecommunications service] services; or
2093 (D) indirect costs associated with the maintaining and operating of a 911 emergency
2094 [telecommunications] services system.
2095 (ii) Revenues derived for the funding of 911 emergency [telecommunications] service
2096 may be used by the public agency for personnel costs associated with receiving and processing
2097 [calls] communications and deploying emergency response resources when the system is
2098 integrated with any public safety dispatch system.
2099 (c) Any unexpended money in the 911 emergency [telecommunications] service fund
2100 at the end of a fiscal year does not lapse, and must be carried forward to be used for the
2101 purposes described in this section.
2102 (5) (a) Revenue received by a local entity from an increase in the levy imposed under
2103 Subsection (3) after the 2004 Annual General Session:
2104 (i) may be used by the public [agency] safety answering point for the purposes under

2105 Subsection (4)(b); and
2106 (ii) shall be deposited into the special 911 emergency [telecommunications] service
2107 fund described in Subsection (4)(a).
2108 (b) Revenue received by a local entity from [grants] disbursements from the Utah 911
2109 Committee under Section [ 53-10-605 ] 63H-7-306 :
2110 (i) shall be deposited into the special 911 emergency [telecommunications] service
2111 fund under Subsection (4)(a); and
2112 (ii) shall only be used for that portion of the costs related to the development and
2113 operation of wireless and land-based enhanced 911 emergency telecommunications service and
2114 the implementation of [wireless E-911 Phase I and Phase II] 911 services as provided in
2115 Subsection (5)(c).
2116 (c) The costs allowed under Subsection (5)(b)(ii) include the public safety answering
2117 point's [or local entity's] costs for:
2118 (i) acquisition, upgrade, modification, maintenance, and operation of public service
2119 answering point equipment capable of receiving [E-911] 911 information;
2120 (ii) database development, operation, and maintenance; and
2121 (iii) personnel costs associated with establishing, installing, maintaining, and operating
2122 wireless [E-911 Phase I and Phase II] 911 services, including training emergency service
2123 personnel regarding receipt and use of [E-911] 911 wireless service information and educating
2124 consumers regarding the appropriate and responsible use of [E-911] 911 wireless service.
2125 (6) A local entity that increases the levy it imposes under Subsection (3)(c) after the
2126 2004 Annual General Session shall increase the levy to the maximum amount permitted by
2127 Subsection (3)(c).
2128 Section 42. Section 69-2-5.5 is amended to read:
2129 69-2-5.5. Emergency services telecommunications charge to fund the Computer
2130 Aided Dispatch Restricted Account -- Administrative charge.
2131 (1) Subject to Subsection (7), there is imposed an emergency services
2132 telecommunications charge of [7] 5 cents per month on each local exchange service switched
2133 access line and each revenue producing radio communications access line that is subject to an
2134 emergency services telecommunications charge levied by a county, city, or town under Section
2135 69-2-5 .

2136 (2) (a) Subject to Subsection (7), an emergency services telecommunications charge
2137 imposed under this section shall be billed and collected by the person that provides:
2138 (i) local exchange service switched access line services; or
2139 (ii) radio communications access line services.
2140 (b) A person that pays an emergency services telecommunications charge under this
2141 section shall pay the emergency services telecommunications charge to the commission:
2142 (i) monthly on or before the last day of the month immediately following the last day of
2143 the previous month if:
2144 (A) the person is required to file a sales and use tax return with the commission
2145 monthly under Section 59-12-108 ; or
2146 (B) the person is not required to file a sales and use tax return under Title 59, Chapter
2147 12, Sales and Use Tax Act; or
2148 (ii) quarterly on or before the last day of the month immediately following the last day
2149 of the previous quarter if the person is required to file a sales and use tax return with the
2150 commission quarterly under Section 59-12-107 .
2151 (c) An emergency services telecommunications charge imposed under this section shall
2152 be deposited into the [General Fund as dedicated credits to pay for:] Computer Aided Dispatch
2153 Restricted Account created in Section 63H-7-310 .
2154 [(i) costs of establishing, installing, maintaining, and operating the University of Utah
2155 Poison Control Center; and]
2156 [(ii) expenses of the State Tax Commission to administer and enforce the collection of
2157 the emergency services telecommunications charges.]
2158 [(3) Funds for the University of Utah Poison Control Center program are nonlapsing.]
2159 [(4)] (3) Emergency services telecommunications charges remitted to the State Tax
2160 Commission pursuant to Subsection (2) shall be accompanied by the form prescribed by the
2161 State Tax Commission.
2162 [(5)] (4) (a) The State Tax Commission shall administer, collect, and enforce the
2163 charge imposed under Subsection (1) according to the same procedures used in the
2164 administration, collection, and enforcement of the state sales and use tax under:
2165 (i) Title 59, Chapter 1, General Taxation Policies; and
2166 (ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:

2167 (A) Section 59-12-104 ;
2168 (B) Section 59-12-104.1 ;
2169 (C) Section 59-12-104.2 ; [and]
2170 (D) Section 59-12-104.6 ;
2171 [(D)] (E) Section 59-12-107.1 [.]; and
2172 (F) Section 59-12-123 .
2173 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2174 State Tax Commission may make rules to administer, collect, and enforce the emergency
2175 services telecommunications charges imposed under this section.
2176 (c) The State Tax Commission shall retain and deposit an administrative charge in
2177 accordance with Section 59-1-306 from the revenues the State Tax Commission collects from
2178 an emergency services telecommunications charge under this section.
2179 (d) A charge under this section is subject to Section 69-2-5.8 .
2180 [(6)] (5) A provider of local exchange service switched access line services or radio
2181 communications access line services who fails to comply with this section is subject to
2182 penalties and interest as provided in Sections 59-1-401 and 59-1-402 .
2183 [(7)] (6) An emergency services telecommunications charge under this section on a
2184 mobile telecommunications service may be imposed, billed, and collected only to the extent
2185 permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
2186 Section 43. Section 69-2-5.6 is amended to read:
2187 69-2-5.6. 911 services charge to fund unified statewide 911 emergency service --
2188 Administrative charge.
2189 (1) Subject to Subsection 69-2-5 (3)(g), there is imposed a unified statewide [unified
2190 E-911] 911 emergency service charge of 10 cents per month on each local exchange service
2191 switched access line and each revenue producing radio communications access line that is
2192 subject to [an] a 911 emergency services [telecommunications] charge levied by a county, city,
2193 or town under Section 69-2-5 [or 69-2-5.5 at:].
2194 [(a) 13 cents per month until June 30, 2007; and]
2195 [(b) 8 cents per month on and after July 1, 2007.]
2196 (2) (a) [An] A 911 emergency services [telecommunications] charge imposed under this
2197 section shall be:

2198 (i) subject to Subsection 69-2-5 (3)(g); and
2199 (ii) billed and collected by the person that provides:
2200 (A) local exchange service switched access line services;
2201 (B) radio communications access line services; or
2202 (C) service described in Subsection 69-2-5 (3)(a)(iii).
2203 (b) A person that pays a charge under this section shall pay the charge to the
2204 commission:
2205 (i) monthly on or before the last day of the month immediately following the last day of
2206 the previous month if:
2207 (A) the person is required to file a sales and use tax return with the commission
2208 monthly under Section 59-12-108 ; or
2209 (B) the person is not required to file a sales and use tax return under Title 59, Chapter
2210 12, Sales and Use Tax Act; or
2211 (ii) quarterly on or before the last day of the month immediately following the last day
2212 of the previous quarter if the person is required to file a sales and use tax return with the
2213 commission quarterly under Section 59-12-107 .
2214 (c) A charge imposed under this section shall be deposited into the [Statewide] Unified
2215 [E-911] Statewide 911 Emergency Service Account created by Section [ 53-10-603 ]
2216 63H-7-304 .
2217 (3) The person that bills and collects the charges levied by this section pursuant to
2218 Subsections (2)(b) and (c) may:
2219 (a) bill the charge imposed by this section in combination with the charge levied under
2220 Section 69-2-5 as one line item charge; and
2221 (b) retain an amount not to exceed 1.5% of the charges collected under this section as
2222 reimbursement for the cost of billing, collecting, and remitting the levy.
2223 (4) The State Tax Commission shall collect, enforce, and administer the charges
2224 imposed under Subsection (1) using the same procedures used in the administration, collection,
2225 and enforcement of the emergency services telecommunications charge to fund the [Poison
2226 Control Center under Section 69-2-5.5 ] Computer Aided Dispatch Restricted Account under
2227 Section 63H-7-310 .
2228 (5) Notwithstanding Section [ 53-10-603 ] 64H-7-304 , the State Tax Commission shall

2229 retain and deposit an administrative charge in accordance with Section 59-1-306 from the
2230 revenues the State Tax Commission collects from a charge under this section.
2231 (6) A charge under this section is subject to Section 69-2-5.8 .
2232 (7) This section sunsets in accordance with Section 63I-1-269 .
2233 Section 44. Section 69-2-5.7 is amended to read:
2234 69-2-5.7. Prepaid wireless telecommunications charge to fund 911 service --
2235 Administrative charge.
2236 (1) As used in this section:
2237 (a) "Consumer" means a person who purchases prepaid wireless telecommunications
2238 service in a transaction.
2239 (b) "Prepaid wireless 911 service charge" means the charge that is required to be
2240 collected by a seller from a consumer in the amount established under Subsection (2).
2241 (c) (i) "Prepaid wireless telecommunications service" means a wireless
2242 telecommunications service that:
2243 (A) is paid for in advance;
2244 (B) is sold in predetermined units of time or dollars that decline with use in a known
2245 amount or provides unlimited use of the service for a fixed amount or time; and
2246 (C) allows a caller [to dial 911] to access 911 emergency [telephone] service.
2247 (ii) "Prepaid wireless telecommunications service" does not include a wireless
2248 telecommunications service that is billed:
2249 (A) to a customer on a recurring basis; and
2250 (B) in a manner that includes the emergency services telecommunications charges,
2251 described in Sections 69-2-5 , 69-2-5.5 , and 69-2-5.6 , for each radio communication access line
2252 assigned to the customer.
2253 (d) "Seller" means a person that sells prepaid wireless telecommunications service to a
2254 consumer.
2255 (e) "Transaction" means each purchase of prepaid wireless telecommunications service
2256 from a seller.
2257 (f) "Wireless telecommunications service" means commercial mobile radio service as
2258 defined by 47 C.F.R. Sec. 20.3, as amended.
2259 (2) There is imposed a prepaid wireless 911 service charge of 1.9% of the sales price

2260 per transaction.
2261 (3) The prepaid wireless 911 service charge shall be collected by the seller from the
2262 consumer for each transaction occurring in this state.
2263 (4) The prepaid wireless 911 service charge shall be separately stated on an invoice,
2264 receipt, or similar document that is provided by the seller to the consumer.
2265 (5) For purposes of Subsection (3), the location of a transaction is determined in
2266 accordance with Sections 59-12-211 through 59-12-215 .
2267 (6) When prepaid wireless telecommunications service is sold with one or more other
2268 products or services for a single non-itemized price, then the percentage specified in Section
2269 (2) shall apply to the entire non-itemized price.
2270 (7) A seller may retain 3% of prepaid wireless 911 service charges that are collected by
2271 the seller from consumers as reimbursement for the cost of billing, collecting, and remitting the
2272 charge.
2273 (8) Prepaid wireless 911 service charges collected by a seller, except as retained under
2274 Subsection (7), shall be remitted to the State Tax Commission at the same time as the seller
2275 remits to the State Tax Commission money collected by the person under Title 59, Chapter 12,
2276 Sales and Use Tax Act.
2277 (9) The State Tax Commission:
2278 (a) shall collect, enforce, and administer the charge imposed under this section using
2279 the same procedures used in the administration, collection, and enforcement of the state sales
2280 and use taxes under:
2281 (i) Title 59, Chapter 1, General Taxation Policies; and
2282 (ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
2283 (A) Section 59-12-104 ;
2284 (B) Section 59-12-104.1 ;
2285 (C) Section 59-12-104.2 ;
2286 (D) Section 59-12-107.1 ; and
2287 (E) Section 59-12-123 ;
2288 (b) may retain up to 1.5% of the prepaid wireless 911 service charge revenue collected
2289 under Subsection (9)(a) as reimbursement for administering this section;
2290 (c) shall distribute the prepaid wireless 911 service charge revenue, except as retained

2291 under Subsection (9)(b), as follows:
2292 (i) [80.3%] 81% of the revenue shall be distributed to each county, city, or town in the
2293 same percentages and in the same manner as the entities receive money to fund 911 emergency
2294 telecommunications services under Section 69-2-5 ;
2295 (ii) [9.2%] 6.3% of the revenue shall be distributed to fund the [Poison Control Center
2296 as in Section 69-2-5.5 ] Computer Aided Dispatch Restricted Account created in Section
2297 63H-7-310 ; and
2298 (iii) [10.5%] 12.7% of the revenue shall be distributed to fund the unified statewide
2299 [unified E-911] 911 emergency service as in Section 69-2-5.6 ; and
2300 (d) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2301 Rulemaking Act, to administer, collect, and enforce the charges imposed under this section.
2302 (10) A charge under this section is subject to Section 69-2-5.8 .
2303 Section 45. Repealer.
2304 This bill repeals:
2305 Section 63C-7-203 , Establishment of the Utah Communications Agency Network
2306 Board -- Terms -- Vacancies.
2307 Section 63C-7-204 , Powers of the board.
2308 Section 63F-1-801 , Statewide Communications Interoperability Committee --
2309 Membership -- Chair -- Quorum.
2310 Section 63F-1-802 , Duties and powers.
2311 Section 46. Transition of Utah 911 Committee, the Statewide Communications and
2312 Interoperability Committee, radio services within the Department of Technology
2313 Services, and the Utah Communications Agency Network into the Utah Communications
2314 Authority.
2315 (1) The Legislature finds that there is a statewide purpose and need to consolidate the
2316 management of 911 emergency services and communications in the state and to create a
2317 statewide computer aided dispatch platform. In order to improve unified statewide emergency
2318 services, the Utah Communications Agency Network shall be renamed the Utah
2319 Communications Authority and shall be consolidated with the Utah 911 Committee, the
2320 Statewide Communications and Interoperability Committee, and the radio services within the
2321 Department of Technology Services. The consolidation of services management and assets

2322 creates a unique opportunity to improve the development, delivery, and administration of
2323 unified statewide 911 emergency services, radio, and radio interoperability.
2324 (2) The executive directors of the Department of Technology Services and the Utah
2325 Communications Agency Network shall serve as the transition directors for the consolidation
2326 described in Subsection (1).
2327 (3) (a) The transition directors shall, in accordance with the provisions of this bill and
2328 this transition section, enter into a memorandum of understanding with the appropriate entities
2329 to, effective July 1, 2014:
2330 (i) transfer employees and adjust the employment status of state personnel as necessary
2331 to implement the consolidation of 911 emergency services management and a statewide
2332 computer aided dispatch platform into the Utah Communications Authority;
2333 (ii) transfer service level agreements and responsibilities, maintenance resources,
2334 equipment, communications system assets, and sites and facilities from the Department of
2335 Technology Services, the Utah 911 Committee, and the Department of Public Safety to the
2336 Utah Communications Authority; and
2337 (iii) allocate the cost of the transfer and mergers required by the memorandum of
2338 understanding.
2339 (b) The memorandum of understanding shall:
2340 (i) preserve the value of vested Program 1 and Program 2 sick leave benefits and other
2341 vested leave benefits for state employees transferred to the Utah Communications Authority;
2342 (ii) establish the entities and funds that will be responsible for paying for
2343 postretirement sick leave benefits and other vested leave benefits for the employees transferred
2344 to the Utah Communications Authority; and
2345 (iii) include other agreements necessary to transfer the appropriate employees, entities,
2346 communications system assets, sites, facilities, service level agreements, maintenance
2347 resources and agreements, and equipment into the Utah Communications Authority in
2348 accordance with this bill.
2349 (4) If the transition directors cannot agree on the terms of consolidation under
2350 Subsection (3) of this chapter, each transition director shall submit a recommendation to the
2351 governor and to the Legislature's Public Utilities and Technology Interim Committee. The
2352 governor shall determine the resolution of the transition director's memorandum of

2353 understanding.
2354 (5) The Department of Administrative Services, through the Division of Finance, the
2355 Division of Facilities and Construction Management, Fleet Management, and the Department
2356 of Human Resource Management shall, effective July 1, 2014:
2357 (a) designate the funds that will be responsible for vested postretirement sick leave
2358 benefits and vested leave benefits for employees transferred to the Utah Communications
2359 Authority;
2360 (b) transfer funds from the termination pools administered by the Division of Finance
2361 to the Utah Communications Authority or to the Post-Retirement Benefits Trust Fund as
2362 necessary to implement the memorandum of understanding entered into under Subsection (3);
2363 (c) assist the Department of Technology Services with the transfer of ownership of
2364 equipment, assignment of leases, and transition of leaseholds and property from the
2365 Department of Technology Services to the Utah Communications Authority; and
2366 (d) take other action required by the memorandum of understanding established under
2367 Subsection (3) that is necessary to assist with the consolidation of the management of 911
2368 emergency services and a statewide computer aided dispatch platform into the Utah
2369 Communications Authority.
2370 (6) The memorandum of understanding shall be made public and posted on the state's
2371 transparency website.
2372 (7) All administrative rules, orders, contracts, grants, bonds, and agreements relating to
2373 the functions of the radio services within the Department of Technology Services, the Utah
2374 Communications Agency Network, or the Utah 911 Committee, its board or officers, prior to
2375 July 1, 2014, remain in effect until revised, amended, or rescinded, and shall be assigned to and
2376 administered by the Utah Communications Authority, including the collection of revenues
2377 under contracts and the payment for services under contract.
2378 (8) Any suit, action, or other proceeding lawfully commenced by, against, or before
2379 any entity affected by this chapter shall not be abated by reason of this bill or the reorganization
2380 of the Utah Communications Agency Network, the Utah 911 Committee, and the radio services
2381 within the Department of Technology Services into the Utah Communications Authority.
2382 (9) The authority of the transition directors under this chapter is repealed on July 1,
2383 2014.

2384 Section 47. Effective date.
2385 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2014.
2386 (2) Uncodified Section 46, Transition of Utah 911 Committee, takes effect on May 13,
2387 2014.




Legislative Review Note
as of 2-19-14 11:49 AM

Office of Legislative Research and General Counsel