1     
REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad R. Wilson

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9          This bill modifies parts of the Utah Code to make technical corrections, including
10     eliminating references to repealed provisions, making minor wording changes, updating
11     cross-references, and correcting numbering.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies parts of the Utah Code to make technical corrections, including
15     eliminating references to repealed provisions, making minor wording changes,
16     updating cross-references, correcting numbering, and fixing errors that were created
17     from the previous year's session.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          4-39-104, as last amended by Laws of Utah 2016, Chapter 19
25          10-2a-302, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
26     amended by Laws of Utah 2015, Chapter 352
27          17-23-14, as last amended by Laws of Utah 2016, Chapter 171

28          17B-2a-804, as last amended by Laws of Utah 2016, Chapter 387
29          17C-2-110, as last amended by Laws of Utah 2016, Chapter 350
30          17C-3-109, as last amended by Laws of Utah 2016, Chapter 350
31          20A-3-101, as last amended by Laws of Utah 2008, Chapter 276
32          26-47-103, as last amended by Laws of Utah 2013, Chapter 167
33          26-55-104, as last amended by Laws of Utah 2016, Chapters 202, 207, 208 and last
34     amended by Coordination Clause, Laws of Utah 2016, Chapter 202
35          31A-30-107.3, as last amended by Laws of Utah 2013, Chapter 341
36          35A-1-206, as last amended by Laws of Utah 2016, Chapters 236, 271, and 296
37          35A-8-308, as enacted by Laws of Utah 2016, Chapter 184
38          35A-8-309, as enacted by Laws of Utah 2016, Chapter 184
39          41-1a-418, as last amended by Laws of Utah 2016, Chapters 46, 52, 70, 71, and 102
40          41-6a-520, as last amended by Laws of Utah 2006, Chapter 341
41          41-6a-521, as last amended by Laws of Utah 2011, Chapter 312
42          41-6a-524, as enacted by Laws of Utah 2005, Chapter 2 and last amended by Laws of
43     Utah 2005, Chapter 91
44          41-6a-527, as last amended by Laws of Utah 2013, Chapter 394
45          41-6a-606, as last amended by Laws of Utah 2006, Chapter 168
46          53-3-220, as last amended by Laws of Utah 2015, Chapter 165
47          53A-1-1110, as last amended by Laws of Utah 2016, Chapter 349
48          53A-1-1403, as enacted by Laws of Utah 2016, Chapter 221
49          53A-16-113, as last amended by Laws of Utah 2016, Chapters 350 and 367
50          58-17b-309.6, as last amended by Laws of Utah 2014, Chapter 72
51          58-37f-304, as enacted by Laws of Utah 2016, Chapter 275
52          59-1-403, as last amended by Laws of Utah 2015, Chapters 411 and 451
53          59-7-302, as last amended by Laws of Utah 2016, Chapters 311 and 368
54          59-12-102, as last amended by Laws of Utah 2016, Third Special Session, Chapter 6
55          59-12-703, as last amended by Laws of Utah 2016, Chapters 344 and 364
56          62A-2-120, as last amended by Laws of Utah 2016, Chapter 122
57          62A-4a-208, as last amended by Laws of Utah 2009, Chapter 75
58          62A-4a-209, as last amended by Laws of Utah 2016, Chapter 231

59          62A-5-103.5, as last amended by Laws of Utah 2015, Chapter 255
60          62A-15-703, as last amended by Laws of Utah 2008, Chapter 3
61          63A-5-602, as enacted by Laws of Utah 2008, Chapter 334
62          63E-1-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
63          63G-3-201, as last amended by Laws of Utah 2016, Chapter 193
64          63G-3-601, as renumbered and amended by Laws of Utah 2008, Chapter 382
65          63G-6a-103, as last amended by Laws of Utah 2016, Chapters 176, 237, 355 and last
66     amended by Coordination Clause, Laws of Utah 2016, Chapter 355
67          63G-6a-2402, as enacted by Laws of Utah 2014, Chapter 196
68          63H-6-104.5, as enacted by Laws of Utah 2016, Chapter 301
69          63I-1-220, as last amended by Laws of Utah 2016, Chapters 176 and 348
70          63I-1-231, as last amended by Laws of Utah 2015, Chapter 50
71          63I-1-253, as last amended by Laws of Utah 2016, Chapters 41, 63, and 169
72          63I-2-210, as last amended by Laws of Utah 2016, Chapter 14
73          63I-2-259, as last amended by Laws of Utah 2015, Chapter 139
74          63J-7-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
75          63J-8-102, as last amended by Laws of Utah 2015, Chapter 88
76          67-1-8.1, as last amended by Laws of Utah 2011, Chapter 218
77          67-1-15, as enacted by Laws of Utah 2006, Chapter 362
78          75-5-424, as last amended by Laws of Utah 2014, Chapter 142
79          76-5-303, as repealed and reenacted by Laws of Utah 2010, Chapter 374
80          78A-6-105, as last amended by Laws of Utah 2016, Chapters 109 and 351
81     REPEALS:
82          59-2-1116 (Section not in effect), as enacted by Laws of Utah 2016, Chapter 332
83     

84     Be it enacted by the Legislature of the state of Utah:
85          Section 1. Section 4-39-104 is amended to read:
86          4-39-104. Domesticated Elk Act advisory council.
87          (1) The department shall establish a Domesticated Elk Act advisory council to give
88     advice and make recommendations on policies and rules adopted pursuant to this chapter.
89          (2) The advisory council shall consist of 10 members appointed by the commissioner

90     of agriculture to four-year terms as follows:
91          (a) one member, recommended by the executive director of the Department of Natural
92     Resources, shall represent the Department of Natural Resources;
93          (b) two members shall represent the Department of Agriculture, one of whom shall be
94     the state veterinarian;
95          (c) one member shall represent the livestock industry;
96          (d) one member, recommended by the executive director of the Department of Natural
97     Resources from a list of candidates submitted by the Division of Wildlife Resources, shall
98     represent wildlife interests; and
99          (e) five members, recommended by the Department of Agriculture, shall represent the
100     domesticated elk industry.
101          (3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the
102     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
103     council members are staggered so that approximately half of the council is appointed every two
104     years.
105          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
106     appointed for the unexpired term.
107          (5) (a) A majority of the advisory council constitutes a quorum.
108          (b) A quorum is necessary for the council to act.
109          (6) A member may not receive compensation or benefits for the member's service, but
110     may receive per diem and travel expenses in accordance with:
111          (a) Section 63A-3-106;
112          (b) Section 63A-3-107; and
113          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
114     63A-3-107.
115          Section 2. Section 10-2a-302 is amended to read:
116          10-2a-302. Incorporation of a town -- Petition.
117          (1) As used in this section:
118          (a) "Assessed value," with respect to agricultural land, means the value at which the
119     land would be assessed without regard to a valuation for agricultural use under Section
120     59-2-503.

121          (b) "Feasibility consultant" means a person or firm:
122          (i) with expertise in the processes and economics of local government; and
123          (ii) who is independent of and not affiliated with a county or sponsor of a petition to
124     incorporate.
125          (c) "Financial feasibility study" means a study described in Subsection (7).
126          (d) "Municipal service" means a publicly provided service that is not provided on a
127     countywide basis.
128          (e) "Nonurban" means having a residential density of less than one unit per acre.
129          (2) (a) (i) A contiguous area of a county not within a municipality, with a population of
130     at least 100 but less than 1,000, may incorporate as a town as provided in this section.
131          (ii) An area within a county of the first class is not contiguous for purposes of
132     Subsection (2)(a)(i) if:
133          (A) the area includes a strip of land that connects geographically separate areas; and
134          (B) the distance between the geographically separate areas is greater than the average
135     width of the strip of land connecting the geographically separate areas.
136          (b) The population figure under Subsection (2)(a) shall be determined:
137          (i) as of the date the incorporation petition is filed; and
138          (ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
139     certification under Subsection (6) of a petition filed under Subsection (4).
140          (3) (a) The process to incorporate an area as a town is initiated by filing a petition to
141     incorporate the area as a town with the Office of the Lieutenant Governor.
142          (b) A petition under Subsection (3)(a) shall:
143          (i) be signed by:
144          (A) the owners of private real property that:
145          (I) is located within the area proposed to be incorporated; and
146          (II) is equal in assessed value to more than 1/5 of the assessed value of all private real
147     property within the area; and
148          (B) 1/5 of all registered voters within the area proposed to be incorporated as a town,
149     according to the official voter registration list maintained by the county on the date the petition
150     is filed;
151          (ii) designate as sponsors at least five of the property owners who have signed the

152     petition, one of whom shall be designated as the contact sponsor, with the mailing address of
153     each owner signing as a sponsor;
154          (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
155     licensed surveyor, showing a legal description of the boundary of the proposed town; and
156          (iv) substantially comply with and be circulated in the following form:
157          PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
158     town)
159          To the Honorable Lieutenant Governor:
160          We, the undersigned owners of real property and registered voters within the area
161     described in this petition, respectfully petition the lieutenant governor to direct the county
162     legislative body to submit to the registered voters residing within the area described in this
163     petition, at the next regular general election, the question of whether the area should
164     incorporate as a town. Each of the undersigned affirms that each has personally signed this
165     petition and is an owner of real property or a registered voter residing within the described area,
166     and that the current residence address of each is correctly written after the signer's name. The
167     area proposed to be incorporated as a town is described as follows: (insert an accurate
168     description of the area proposed to be incorporated).
169          (c) A petition under this Subsection (3) may not describe an area that includes some or
170     all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
171          (i) was filed before the filing of the petition; and
172          (ii) is still pending on the date the petition is filed.
173          (d) A petition may not be filed under this section if the private real property owned by
174     the petition sponsors, designated under Subsection (3)(b)(ii), cumulatively exceeds 40% of the
175     total private land area within the area proposed to be incorporated as a town.
176          (e) A signer of a petition under this Subsection (3) may withdraw or, after withdrawn,
177     reinstate the signer's signature on the petition:
178          (i) at any time until the lieutenant governor certifies the petition under Subsection (5);
179     and
180          (ii) by filing a signed, written withdrawal or reinstatement with the lieutenant governor.
181          (4) (a) If a petition is filed under Subsection (3)(a) proposing to incorporate as a town
182     an area located within a county of the first class, the lieutenant governor shall deliver written

183     notice of the proposed incorporation:
184          (i) to each owner of private real property owning more than 1% of the assessed value
185     of all private real property within the area proposed to be incorporated as a town; and
186          (ii) within seven calendar days after the date on which the petition is filed.
187          (b) A private real property owner described in Subsection (4)(a)(i) may exclude all or
188     part of the owner's property from the area proposed to be incorporated as a town by filing a
189     notice of exclusion:
190          (i) with the lieutenant governor; and
191          (ii) within 10 calendar days after receiving the clerk's notice under Subsection (4)(a).
192          (c) The lieutenant governor shall exclude from the area proposed to be incorporated as
193     a town the property identified in the notice of exclusion under Subsection (4)(b) if:
194          (i) the property:
195          (A) is nonurban; and
196          (B) does not and will not require a municipal service; and
197          (ii) exclusion will not leave an unincorporated island within the proposed town.
198          (d) If the lieutenant governor excludes property from the area proposed to be
199     incorporated as a town, the lieutenant governor shall send written notice of the exclusion to the
200     contact sponsor within five days after the exclusion.
201          (5) No later than 20 days after the filing of a petition under Subsection (3), the
202     lieutenant governor shall:
203          (a) with the assistance of other county officers of the county in which the incorporation
204     is proposed from whom the lieutenant governor requests assistance, determine whether the
205     petition complies with the requirements of Subsection (3); and
206          (b) (i) if the lieutenant governor determines that the petition complies with those
207     requirements:
208          (A) certify the petition; and
209          (B) mail or deliver written notification of the certification to:
210          (I) the contact sponsor; and
211          (II) the Utah Population Estimates Committee; or
212          (ii) if the lieutenant governor determines that the petition fails to comply with any of
213     those requirements, reject the petition and notify the contact sponsor in writing of the rejection

214     and the reasons for the rejection.
215          (6) (a) (i) A petition that is rejected under Subsection (5)(b)(ii) may be amended to
216     correct a deficiency for which it was rejected and then refiled with the lieutenant governor.
217          (ii) A valid signature on a petition filed under Subsection (3)(a) may be used toward
218     fulfilling the signature requirement of Subsection (3)(b) for the same petition that is amended
219     under Subsection (6)(a)(i) and then refiled with the lieutenant governor.
220          (b) If a petition is amended and refiled under Subsection (6)(a)(i) after having been
221     rejected by the lieutenant governor under Subsection (5)(b)(ii):
222          (i) the amended petition shall be considered as a newly filed petition; and
223          (ii) the amended petition's processing priority is determined by the date on which it is
224     refiled.
225          (7) (a) (i) If a petition is filed under Subsection [(4)] (3) and certified under Subsection
226     [(6)] (5), the lieutenant governor shall commission and pay for a financial feasibility study.
227          (ii) The feasibility consultant shall be chosen:
228          (A) (I) by the contact sponsor of the incorporation petition, as described in Subsection
229     (3)(b)(ii), with the consent of the lieutenant governor; or
230          (II) by the lieutenant governor if the contact sponsor states, in writing, that the sponsor
231     defers selection of the feasibility consultant to the lieutenant governor; and
232          (B) in accordance with applicable county procurement procedure.
233          (iii) The lieutenant governor shall require the feasibility consultant to complete the
234     financial feasibility study and submit written results of the study to the lieutenant governor no
235     later than 30 days after the feasibility consultant is engaged to conduct the financial feasibility
236     study.
237          (b) The financial feasibility study shall consider the:
238          (i) population and population density within the area proposed for incorporation and
239     the surrounding area;
240          (ii) current and five-year projections of demographics and economic base in the
241     proposed town and surrounding area, including household size and income, commercial and
242     industrial development, and public facilities;
243          (iii) projected growth in the proposed town and in adjacent areas during the next five
244     years;

245          (iv) subject to Subsection (7)(c), the present and five-year projections of the cost,
246     including overhead, of governmental services in the proposed town, including:
247          (A) culinary water;
248          (B) secondary water;
249          (C) sewer;
250          (D) law enforcement;
251          (E) fire protection;
252          (F) roads and public works;
253          (G) garbage;
254          (H) weeds; and
255          (I) government offices;
256          (v) assuming the same tax categories and tax rates as currently imposed by the county
257     and all other current service providers, the present and five-year projected revenue for the
258     proposed town; and
259          (vi) a projection of any new taxes per household that may be levied within the
260     incorporated area within five years of incorporation.
261          (c) (i) For purposes of Subsection (7)(b)(iv), the feasibility consultant shall assume a
262     level and quality of governmental services to be provided to the proposed town in the future
263     that fairly and reasonably approximate the level and quality of governmental services being
264     provided to the proposed town at the time of the feasibility study.
265          (ii) In determining the present cost of a governmental service, the feasibility consultant
266     shall consider:
267          (A) the amount it would cost the proposed town to provide governmental service for
268     the first five years after incorporation; and
269          (B) the county's present and five-year projected cost of providing governmental
270     service.
271          (iii) The costs calculated under Subsection (7)(b)(iv), shall take into account inflation
272     and anticipated growth.
273          (d) If the five year projected revenues under Subsection (7)(b)(v) exceed the five-year
274     projected costs under Subsection (7)(b)(iv) by more than 10%, the feasibility consultant shall
275     project and report the expected annual revenue surplus to the contact sponsor and the lieutenant

276     governor.
277          (e) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
278     governor's website and make a copy available for public review at the Office of the Lieutenant
279     Governor.
280          (f) The lieutenant governor shall approve a certified petition proposing the
281     incorporation of a town and hold a public hearing as provided in Section 10-2a-303.
282          Section 3. Section 17-23-14 is amended to read:
283          17-23-14. Disturbed corners -- County surveyor to be notified -- Coordination
284     with certain state agencies.
285          (1) As used in this section:
286          [(a) "Committee" means the Monument Replacement and Restoration Committee
287     created in Section 63F-1-510.]
288          [(b)] (a) "Corner" means the same as that term is defined in Section 17-23-17.5.
289          [(c)] (b) "Monument" means the same as that term is defined in Section 17-23-17.5.
290          (2) A person who finds it necessary to disturb any established corner for any reason,
291     including the improvement of a road, shall notify the county surveyor at least five business
292     days before the day on which the person disturbs the corner.
293          (3) A person who finds a monument that needs rehabilitation shall notify the county
294     surveyor within five business days after the day on which the person finds the monument.
295          (4) The county surveyor or the county surveyor's designee shall:
296          (a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the
297     corner by lowering and witnessing the corner or placing another monument and witness over
298     the existing monument so that the monument:
299          (i) is left in a physical condition to remain as permanent a monument as is reasonably
300     possible; and
301          (ii) may be reasonably located at all times in the future; and
302          (b) file the record of each reconstruction or rehabilitation under Subsection (4)(a).
303          Section 4. Section 17B-2a-804 is amended to read:
304          17B-2a-804. Additional public transit district powers.
305          (1) In addition to the powers conferred on a public transit district under Section
306     17B-1-103, a public transit district may:

307          (a) provide a public transit system for the transportation of passengers and their
308     incidental baggage;
309          (b) notwithstanding Subsection 17B-1-103(2)(g) and subject to Section 17B-2a-817,
310     levy and collect property taxes only for the purpose of paying:
311          (i) principal and interest of bonded indebtedness of the public transit district; or
312          (ii) a final judgment against the public transit district if:
313          (A) the amount of the judgment exceeds the amount of any collectable insurance or
314     indemnity policy; and
315          (B) the district is required by a final court order to levy a tax to pay the judgment;
316          (c) insure against:
317          (i) loss of revenues from damage to or destruction of some or all of a public transit
318     system from any cause;
319          (ii) public liability;
320          (iii) property damage; or
321          (iv) any other type of event, act, or omission;
322          (d) acquire, contract for, lease, construct, own, operate, control, or use:
323          (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
324     parking lot, or any other facility necessary or convenient for public transit service; or
325          (ii) any structure necessary for access by persons and vehicles;
326          (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
327     equipment, service, employee, or management staff of an operator; and
328          (ii) provide for a sublease or subcontract by the operator upon terms that are in the
329     public interest;
330          (f) operate feeder bus lines and other feeder or ridesharing services as necessary;
331          (g) accept a grant, contribution, or loan, directly through the sale of securities or
332     equipment trust certificates or otherwise, from the United States, or from a department,
333     instrumentality, or agency of the United States;
334          (h) study and plan transit facilities in accordance with any legislation passed by
335     Congress;
336          (i) cooperate with and enter into an agreement with the state or an agency of the state
337     or otherwise contract to finance to establish transit facilities and equipment or to study or plan

338     transit facilities;
339          (j) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
340     to carry out the purposes of the district;
341          (k) from bond proceeds or any other available funds, reimburse the state or an agency
342     of the state for an advance or contribution from the state or state agency;
343          (l) do anything necessary to avail itself of any aid, assistance, or cooperation available
344     under federal law, including complying with labor standards and making arrangements for
345     employees required by the United States or a department, instrumentality, or agency of the
346     United States;
347          (m) sell or lease property;
348          (n) assist in or operate transit-oriented or transit-supportive developments;
349          (o) establish, finance, participate as a limited partner or member in a development with
350     limited liabilities in accordance with Subsection (1)(p), construct, improve, maintain, or
351     operate transit facilities, equipment, and transit-oriented developments or transit-supportive
352     developments; and
353          (p) subject to the restriction in Subsection (2), assist in a transit-oriented development
354     or a transit-supportive development in connection with [economic] project area development
355      [or community development] as defined in Section 17C-1-102 by:
356          (i) investing in a project as a limited partner or a member, with limited liabilities; or
357          (ii) subordinating an ownership interest in real property owned by the public transit
358     district.
359          (2) (a) A public transit district may only assist in the development of areas under
360     Subsection (1)(p):
361          (i) in the manner described in Subsection (1)(p)(i) or (ii); and
362          (ii) on no more than eight transit-oriented developments or transit-supportive
363     developments selected by the board of trustees.
364          (b) A public transit district may not invest in a transit-oriented development or
365     transit-supportive development as a limited partner or other limited liability entity under the
366     provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
367     makes an equity contribution equal to no less than 25% of the appraised value of the property
368     to be contributed by the public transit district.

369          (c) (i) For transit-oriented development projects, a public transit district shall adopt
370     transit-oriented development policies and guidelines that include provisions on affordable
371     housing.
372          (ii) For transit-supportive development projects, a public transit district shall work with
373     the metropolitan planning organization and city and county governments where the project is
374     located to collaboratively seek to create joint plans for the areas within one-half mile of transit
375     stations, including plans for affordable housing.
376          (d) A current board member of a public transit district to which the board member is
377     appointed may not have any interest in the transactions engaged in by the public transit district
378     pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
379     fiduciary duty as a board member.
380          (3) A public transit district may be funded from any combination of federal, state,
381     local, or private funds.
382          (4) A public transit district may not acquire property by eminent domain.
383          Section 5. Section 17C-2-110 is amended to read:
384          17C-2-110. Amending an urban renewal project area plan.
385          (1) An urban renewal project area plan may be amended as provided in this section.
386          (2) If an agency proposes to amend an urban renewal project area plan to enlarge the
387     project area:
388          (a) subject to Subsection (2)(e), the requirements under this part that apply to adopting
389     a project area plan apply equally to the proposed amendment as if it were a proposed project
390     area plan;
391          (b) for a pre-July 1, 1993 project area plan, the base year for the new area added to the
392     project area shall be determined under Subsection 17C-1-102(9)(a)[(i)] using the effective date
393     of the amended project area plan;
394          (c) for a post-June 30, 1993 project area plan:
395          (i) the base year for the new area added to the project area shall be determined under
396     Subsection 17C-1-102(9)[(a)(ii)](b) using the date of the taxing entity committee's consent
397     referred to in Subsection (2)(c)(ii); and
398          (ii) the agency shall obtain the consent of the taxing entity committee before the agency
399     may collect tax increment from the area added to the project area by the amendment;

400          (d) the agency shall make a finding regarding the existence of blight in the area
401     proposed to be added to the project area by following the procedure set forth in Subsections
402     17C-2-102(1)(a)(i) and (ii); and
403          (e) the agency need not make a finding regarding the existence of blight in the project
404     area as described in the original project area plan, if the agency made a finding of the existence
405     of blight regarding that project area in connection with adoption of the original project area
406     plan.
407          (3) If a proposed amendment does not propose to enlarge an urban renewal project
408     area, a board may adopt a resolution approving an amendment to a project area plan after:
409          (a) the agency gives notice, as provided in Section 17C-1-806, of the proposed
410     amendment and of the public hearing required by Subsection (3)(b);
411          (b) the board holds a public hearing on the proposed amendment that meets the
412     requirements of a plan hearing;
413          (c) the agency obtains the taxing entity committee's consent to the amendment, if the
414     amendment proposes:
415          (i) to enlarge the area within the project area from which tax increment is collected;
416          (ii) to permit the agency to receive a greater percentage of tax increment or to extend
417     the project area funds collection period, or both, than allowed under the adopted project area
418     plan; or
419          (iii) for an amendment to a project area plan that was adopted before April 1, 1983, to
420     expand the area from which tax increment is collected to exceed 100 acres of private property;
421     and
422          (d) the agency obtains the consent of the legislative body or governing board of each
423     taxing entity affected, if the amendment proposes to permit the agency to receive, from less
424     than all taxing entities, a greater percentage of tax increment or to extend the project area funds
425     collection period, or both, than allowed under the adopted project area plan.
426          (4) (a) An urban renewal project area plan may be amended without complying with
427     the notice and public hearing requirements of Subsections (2)(a) and (3)(a) and (b) and without
428     obtaining taxing entity committee approval under Subsection (3)(c) if the amendment:
429          (i) makes a minor adjustment in the boundary description of a project area boundary
430     requested by a county assessor or county auditor to avoid inconsistent property boundary lines;

431     or
432          (ii) subject to Subsection (4)(b), removes a parcel from a project area because the
433     agency determines that the parcel is:
434          (A) tax exempt;
435          (B) no longer blighted; or
436          (C) no longer necessary or desirable to the project area.
437          (b) An amendment removing a parcel from a project area under Subsection (4)(a)(ii)
438     may be made without the consent of the record property owner of the parcel being removed.
439          (5) (a) An amendment approved by board resolution under this section may not take
440     effect until adopted by ordinance of the legislative body of the community in which the project
441     area that is the subject of the project area plan being amended is located.
442          (b) Upon a community legislative body passing an ordinance adopting an amendment
443     to a project area plan, the agency whose project area plan was amended shall comply with the
444     requirements of Sections 17C-2-108 and 17C-2-109 to the same extent as if the amendment
445     were a project area plan.
446          (6) (a) Within 30 days after the day on which an amendment to a project area plan
447     becomes effective, a person may contest the amendment to the project area plan or the
448     procedure used to adopt the amendment to the project area plan if the amendment or procedure
449     fails to comply with a provision of this title.
450          (b) After the 30-day period described in Subsection (6)(a) expires, a person may not
451     contest the amendment to the project area plan or procedure used to adopt the amendment to
452     the project area plan for any cause.
453          Section 6. Section 17C-3-109 is amended to read:
454          17C-3-109. Amending an economic development project area plan.
455          (1) An economic development project area plan may be amended as provided in this
456     section.
457          (2) If an agency proposes to amend an economic development project area plan to
458     enlarge the project area:
459          (a) the requirements under this part that apply to adopting a project area plan apply
460     equally to the proposed amendment as if it were a proposed project area plan;
461          (b) the base year for the new area added to the project area shall be determined under

462     Subsection 17C-1-102(9)[(a)(ii)] using the date of the taxing entity committee's consent
463     referred to in Subsection (2)(c); and
464          (c) the agency shall obtain the consent of the taxing entity committee before the agency
465     may collect tax increment from the area added to the project area by the amendment.
466          (3) If a proposed amendment does not propose to enlarge an economic development
467     project area, a board may adopt a resolution approving an amendment to an economic
468     development project area plan after:
469          (a) the agency gives notice, as provided in Chapter 1, Part 8, Hearing and Notice
470     Requirements, of the proposed amendment and of the public hearing required by Subsection
471     (3)(b);
472          (b) the board holds a public hearing on the proposed amendment that meets the
473     requirements of a plan hearing;
474          (c) the agency obtains the taxing entity committee's consent to the amendment, if the
475     amendment proposes:
476          (i) to enlarge the area within the project area from which tax increment is received; or
477          (ii) to permit the agency to receive a greater percentage of tax increment or to extend
478     the project area funds collection period under the economic development project area plan; and
479          (d) the agency obtains the consent of the legislative body or governing board of each
480     taxing entity affected, if the amendment proposes to permit the agency to receive, from less
481     than all taxing entities, a greater percentage of tax increment or to extend the project area funds
482     collection period, or both, than allowed under the economic development project area plan.
483          (4) (a) An economic development project area plan may be amended without
484     complying with the notice and public hearing requirements of Subsections (2)(a) and (3)(a) and
485     (b) and without obtaining taxing entity committee approval under Subsection (3)(c) if the
486     amendment:
487          (i) makes a minor adjustment in the boundary description of a project area boundary
488     requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
489     or
490          (ii) subject to Subsection (4)(b), removes a parcel from a project area because the
491     agency determines that the parcel is:
492          (A) tax exempt; or

493          (B) no longer necessary or desirable to the project area.
494          (b) An amendment removing a parcel from a project area under Subsection (4)(a) may
495     be made without the consent of the record property owner of the parcel being removed.
496          (5) (a) An amendment approved by board resolution under this section may not take
497     effect until adopted by ordinance of the legislative body of the community in which the project
498     area that is the subject of the project area plan being amended is located.
499          (b) Upon a community legislative body passing an ordinance adopting an amendment
500     to a project area plan, the agency whose project area plan was amended shall comply with the
501     requirements of Sections 17C-3-107 and 17C-3-108 to the same extent as if the amendment
502     were a project area plan.
503          (6) (a) Within 30 days after the day on which an amendment to a project area plan
504     becomes effective, a person may contest the amendment to the project area plan or the
505     procedure used to adopt the amendment to the project area plan if the amendment or procedure
506     fails to comply with a provision of this title.
507          (b) After the 30-day period described in Subsection (6)(a) expires, a person may not
508     contest the amendment to the project area plan or procedure used to adopt the amendment to
509     the project area plan for any cause.
510          Section 7. Section 20A-3-101 is amended to read:
511          20A-3-101. Residency and age requirements of voters.
512          (1) A person may vote in any regular general election or statewide special election if
513     that person has registered to vote in accordance with Title 20A, Chapter 2, Voter Registration.
514          (2) A person may vote in the Western States Presidential Primary election or a regular
515     primary election if:
516          (a) that person has registered to vote in accordance with Title 20A, Chapter 2, Voter
517     Registration; and
518          (b) that person's political party affiliation, or unaffiliated status, allows the person to
519     vote in the election.
520          (3) A person may vote in a municipal general election, municipal primary election, [in
521     a] local special election, [in a] local district election, and [in a] bond election if that person:
522          (a) has registered to vote in accordance with Title 20A, Chapter 2, Voter Registration;
523     and

524          (b) is a resident of a voting district or precinct within the local entity that is holding the
525     election.
526          Section 8. Section 26-47-103 is amended to read:
527          26-47-103. Department to award grants for assistance to persons with bleeding
528     disorders.
529          (1) For purposes of this section:
530          (a) "Hemophilia services" means a program for medical care, including the costs of
531     blood transfusions, and the use of blood derivatives and blood clotting factors.
532          (b) "Person with a bleeding disorder" means a person:
533          (i) who is medically diagnosed with hemophilia or a bleeding disorder;
534          (ii) who is not eligible for Medicaid or the Children's Health Insurance Program; and
535          (iii) [who has either] who meets one or more of the following:
536          (A) the person's insurance coverage [that] excludes coverage for hemophilia services;
537          (B) the person has exceeded the person's insurance plan's annual maximum benefits;
538          (C) the person has exceeded the person's annual or lifetime maximum benefits payable
539     [under Title 31A, Chapter 29, Comprehensive Health Insurance Pool Act; or (D) insurance
540     coverage available] under [either] private health insurance[, Title 31A, Chapter 29,
541     Comprehensive Health Insurance Pool Act, Utah mini COBRA coverage under Section
542     31A-22-722, or federal COBRA coverage, but]; or
543          (D) the premiums for [that] the person's private insurance coverage, or cost sharing
544     under private coverage, are greater than a percentage of the person's annual adjusted gross
545     income as established by the department by administrative rule.
546          (2) (a) Within appropriations specified by the Legislature for this purpose, the
547     department shall make grants to public and nonprofit entities who assist persons with bleeding
548     disorders with the cost of obtaining hemophilia services or the cost of insurance premiums for
549     coverage of hemophilia services.
550          (b) Applicants for grants under this section:
551          (i) shall be submitted to the department in writing; and
552          (ii) shall comply with Subsection (3).
553          (3) Applications for grants under this section shall include:
554          (a) a statement of specific, measurable objectives, and the methods to be used to assess

555     the achievement of those objectives;
556          (b) a description of the personnel responsible for carrying out the activities of the grant
557     along with a statement justifying the use of any grant funds for the personnel;
558          (c) letters and other forms of evidence showing that efforts have been made to secure
559     financial and professional assistance and support for the services to be provided under the
560     grant;
561          (d) a list of services to be provided by the applicant;
562          (e) the schedule of fees to be charged by the applicant; and
563          (f) other provisions as determined by the department.
564          (4) The department may accept grants, gifts, and donations of money or property for
565     use by the grant program.
566          (5) The department shall establish rules in accordance with Title 63G, Chapter 3, Utah
567     Administrative Rulemaking Act, governing the application form, process, and criteria it will
568     use in awarding grants under this section.
569          Section 9. Section 26-55-104 is amended to read:
570          26-55-104. Prescribing, dispensing, and administering an opiate antagonist --
571     Immunity from liability.
572          (1) (a) (i) For purposes of Subsection (1)(a)(ii), "a person other than a health care
573     facility or health care provider" includes the following, regardless of whether the person has
574     received funds from the department through the Opiate Overdose Outreach Pilot Program
575     created in Section 26-55-107:
576          (A) a person described in Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F); or
577          (B) an organization defined by department rule made under Subsection
578     26-55-107(7)(e) that is in a position to assist an individual who is at increased risk of
579     experiencing an opiate-related drug overdose event.
580          (ii) Except as provided in Subsection (1)(b), a person[, including an overdose outreach
581     provider, but not including] other than a health care facility or health care provider, that acts in
582     good faith to administer an opiate antagonist to an individual whom the person believes to be
583     experiencing an opiate-related drug overdose event is not liable for any civil damages for acts
584     or omissions made as a result of administering the opiate antagonist.
585          (b) A health care provider:

586          (i) does not have immunity from liability under Subsection (1)(a) when the health care
587     provider is acting within the scope of the health care provider's responsibilities or duty of care;
588     and
589          (ii) does have immunity from liability under Subsection (1)(a) if the health care
590     provider is under no legal duty to respond and otherwise complies with Subsection (1)(a).
591          (2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
592     provider who is licensed to prescribe an opiate antagonist may prescribe, including by a
593     standing prescription drug order issued in accordance with Subsection 26-55-105(2), or
594     dispense an opiate antagonist:
595          (a) (i) to an individual who is at increased risk of experiencing an opiate-related drug
596     overdose event;
597          (ii) to a family member of, friend of, or other person, including a person described in
598     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
599     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
600          (iii) to an overdose outreach provider for:
601          (A) furnishing to an individual who is at increased risk of experiencing an
602     opiate-related drug overdose event, or to a family member of, friend of, or other individual who
603     is in a position to assist an individual who is at increased risk of experiencing an opiate-related
604     drug overdose event, as provided in Section 26-55-106; or
605          (B) administering to an individual experiencing an opiate-related drug overdose event;
606          (b) without a prescriber-patient relationship; and
607          (c) without liability for any civil damages for acts or omissions made as a result of
608     prescribing or dispensing the opiate antagonist in good faith.
609          (3) A health care provider who dispenses an opiate antagonist to an individual or an
610     overdose outreach provider under Subsection (2)(a) shall provide education to the individual or
611     overdose provider that includes written instruction on how to:
612          (a) recognize an opiate-related drug overdose event; and
613          (b) respond appropriately to an opiate-related drug overdose event, including how to:
614          (i) administer an opiate antagonist; and
615          (ii) ensure that an individual to whom an opiate antagonist has been administered
616     receives, as soon as possible, additional medical care and a medical evaluation.

617          Section 10. Section 31A-30-107.3 is amended to read:
618          31A-30-107.3. Discontinuance and nonrenewal limitations and conditions.
619          (1) A carrier that elects to discontinue offering all individual health benefit plans under
620     Subsection 31A-30-107.1(3)(e) is prohibited from writing new business in the individual
621     market in this state for a period of five years beginning on the date of discontinuation of the
622     last individual health benefit plan coverage that is discontinued.
623          (2) A carrier that elects to discontinue offering all small employer health benefit plans
624     under Subsection 31A-30-107(3)(e) is prohibited from writing new business in the small group
625     market in this state for a period of five years beginning on the date of discontinuation of the
626     last small employer coverage that is discontinued.
627          [(3) (a) If the Comprehensive Health Insurance Pool as set forth under Title 31A,
628     Chapter 29, Comprehensive Health Insurance Pool Act, is dissolved or discontinued, or if
629     enrollment is capped or suspended, an individual carrier:]
630          [(i) may, except as prohibited by Section 31A-30-117, elect to discontinue offering
631     new individual health benefit plans, except to HIPAA eligibles, but shall keep existing
632     individual health benefit plans in effect, except those individual plans that are not renewed
633     under the provisions of Subsection 31A-30-107(2) or 31A-30-107.1(2);]
634          [(ii) may elect to continue to offer new individual and small employer health benefit
635     plans; or]
636          [(iii) may elect to discontinue all of the covered carrier's health benefit plans in the
637     individual or small group market under the provisions of Subsection 31A-30-107(3)(e) or
638     31A-30-107.1(3)(e).]
639          [(b) A carrier that makes an election under Subsection (3)(a)(i):]
640          [(i) is prohibited from writing new business:]
641          [(A) in the individual market in this state; and]
642          [(B) for a period of five years beginning on the date of discontinuation;]
643          [(ii) may continue to write new business in the small employer market; and]
644          [(iii) shall provide written notice of the election under Subsection (3)(a)(i) within two
645     calendar days of the election to the Utah Insurance Department.]
646          [(c) The prohibition described in Subsection (3)(b)(i) may be waived if the
647     commissioner finds that waiver is in the public interest:]

648          [(i) to promote competition; or]
649          [(ii) to resolve inequity in the marketplace.]
650          [(d) A carrier that makes an election under Subsection (3)(a)(iii) is subject to the
651     provisions of Subsection (1).]
652          [(4)] (3) If a carrier is doing business in one established geographic service area of the
653     state, Sections 31A-30-107 and 31A-30-107.1 apply only to the carrier's operations in that
654     geographic service area.
655          [(5)] (4) If a small employer employs less than two eligible employees, a carrier may
656     not discontinue or not renew the health benefit plan until the first renewal date following the
657     beginning of a new plan year, even if the carrier knows as of the beginning of the plan year that
658     the employer no longer has at least two current employees.
659          Section 11. Section 35A-1-206 is amended to read:
660          35A-1-206. State Workforce Development Board -- Appointment -- Membership
661     -- Terms of members -- Compensation.
662          (1) There is created within the department the State Workforce Development Board in
663     accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C.
664     Sec. 3101 et seq.
665          (2) The board shall consist of the following 39 members:
666          (a) the governor or the governor's designee;
667          (b) one member of the Senate, appointed by the president of the Senate;
668          (c) one representative of the House of Representatives, appointed by the speaker of the
669     House of Representatives;
670          (d) the executive director or the executive director's designee;
671          (e) the executive director of the Department of Human Services or the executive
672     director's designee;
673          (f) the [executive] director of the Utah State Office of Rehabilitation or the [executive]
674     director's designee;
675          (g) the superintendent of the State Board of Education or the superintendent's designee;
676          (h) the commissioner of higher education or the commissioner's designee;
677          (i) the commissioner of technical education of the Utah College of Applied Technology
678     or the commissioner of technical education's designee;

679          (j) the executive director of the Governor's Office of Economic Development or the
680     executive director's designee;
681          (k) the executive director of the Department of Veterans' and Military Affairs or the
682     executive director's designee; and
683          (l) the following members appointed by the governor:
684          (i) 20 representatives of business in the state, selected among the following:
685          (A) owners of businesses, chief executive or operating officers of businesses, or other
686     business executives or employers with policymaking or hiring authority;
687          (B) representatives of businesses, including small businesses, that provide employment
688     opportunities that include high-quality, work-relevant training and development in in-demand
689     industry sectors or occupations in the state; and
690          (C) representatives of businesses appointed from among individuals nominated by state
691     business organizations or business trade associations;
692          (ii) six representatives of the workforce within the state, which:
693          (A) shall include at least two representatives of labor organizations who have been
694     nominated by state labor federations;
695          (B) shall include at least one representative from a registered apprentice program;
696          (C) may include one or more representatives from a community-based organization
697     that has demonstrated experience and expertise in addressing the employment, training, or
698     educational needs of individuals with barriers to employment; and
699          (D) may include one or more representatives from an organization that has
700     demonstrated experience and expertise in addressing the employment, training, or education
701     needs of eligible youth, including organizations that serve out of school youth; and
702          (iii) two elected officials that represent a city or a county.
703          (3) (a) The governor shall appoint one of the appointed business representatives as
704     chair of the board.
705          (b) The chair shall serve at the pleasure of the governor.
706          (4) (a) The governor shall ensure that members appointed to the board represent
707     diverse geographic areas of the state, including urban, suburban, and rural areas.
708          (b) A member appointed by the governor shall serve a term of four years and may be
709     reappointed to one additional term.

710          (c) A member shall continue to serve until the member's successor has been appointed
711     and qualified.
712          (d) Except as provided in Subsection (4) (e), as terms of board members expire, the
713     governor shall appoint each new member or reappointed member to a four-year term.
714          (e) Notwithstanding the requirements of Subsection (4) (d), the governor shall, at the
715     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
716     board members are staggered so that approximately one half of the board is appointed every
717     two years.
718          (f) When a vacancy occurs in the membership for any reason, the replacement shall be
719     appointed for the unexpired term.
720          (g) The executive director shall terminate the term of any governor-appointed member
721     of the board if the member leaves the position that qualified the member for the appointment.
722          (5) A majority of members constitutes a quorum for the transaction of business.
723          (6) (a) A member of the board who is not a legislator may not receive compensation or
724     benefits for the member's service, but may receive per diem and travel expenses as allowed in:
725          (i) Section 63A-3-106;
726          (ii) Section 63A-3-107; and
727          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
728     63A-3-107.
729          (b) Compensation and expenses of a member who is a legislator are governed by
730     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
731          (7) The department shall provide staff and administrative support to the board at the
732     direction of the executive director.
733          (8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec.
734     3111, including:
735          (a) identifying opportunities to align initiatives in education, training, workforce
736     development, and economic development;
737          (b) developing and implementing the state workforce services plan described in
738     Section 35A-1-207;
739          (c) utilizing strategic partners to ensure the needs of industry are met, including the
740     development of expanded strategies for partnerships for in-demand occupations and

741     understanding and adapting to economic changes;
742          (d) developing strategies for staff training;
743          (e) developing and improving employment centers; and
744          (f) performing other responsibilities within the scope of workforce services as
745     requested by:
746          (i) the Legislature;
747          (ii) the governor; or
748          (iii) the executive director.
749          Section 12. Section 35A-8-308 is amended to read:
750          35A-8-308. Throughput Infrastructure Fund.
751          (1) There is created an enterprise fund known as the Throughput Infrastructure Fund.
752          (2) The fund consists of money generated from the following revenue sources:
753          (a) all amounts transferred to the fund under Subsection 59-12-103[(14)](12);
754          (b) any voluntary contributions received;
755          (c) appropriations made to the fund by the Legislature; and
756          (d) all amounts received from the repayment of loans made by the impact board under
757     Section 35A-8-309.
758          (3) The state treasurer shall:
759          (a) invest the money in the fund by following the procedures and requirements of Title
760     51, Chapter 7, State Money Management Act; and
761          (b) deposit all interest or other earnings derived from those investments into the fund.
762          Section 13. Section 35A-8-309 is amended to read:
763          35A-8-309. Throughput Infrastructure Fund administered by impact board --
764     Uses -- Review by board -- Annual report.
765          (1) The impact board shall:
766          (a) make grants and loans from the Throughput Infrastructure Fund created in Section
767     35A-8-308 for a throughput infrastructure project;
768          (b) use money transferred to the Throughput Infrastructure Fund in accordance with
769     Subsection 59-12-103[(14)](12) to provide a loan or grant to finance the cost of acquisition or
770     construction of a throughput infrastructure project to one or more local political subdivisions,
771     including a Utah interlocal entity created under [the Interlocal Cooperation Act,] Title 11,

772     Chapter 13, the Interlocal Cooperation Act;
773          (c) administer the Throughput Infrastructure Fund in a manner that will keep a portion
774     of the fund revolving;
775          (d) determine provisions for repayment of loans;
776          (e) establish criteria for awarding loans and grants; and
777          (f) establish criteria for determining eligibility for assistance under this section.
778          (2) The cost of acquisition or construction of a throughput infrastructure project
779     includes amounts for working capital, reserves, transaction costs, and other amounts
780     determined by the impact board to be allocable to a throughput infrastructure project.
781          (3) The impact board may restructure or forgive all or part of a local political
782     subdivision's or interlocal entity's obligation to repay loans for extenuating circumstances.
783          (4) In order to receive assistance under this section, a local political subdivision or an
784     interlocal entity shall submit a formal application containing the information that the impact
785     board requires.
786          (5) (a) The impact board shall:
787          (i) review the proposed uses of the Throughput Infrastructure Fund for a loan or grant
788     before approving the loan or grant and may condition its approval on whatever assurances the
789     impact board considers necessary to ensure that proceeds of the loan or grant will be used in
790     accordance with this section;
791          (ii) ensure that each loan specifies terms for interest deferments, accruals, and
792     scheduled principal repayment; and
793          (iii) ensure that repayment terms are evidenced by bonds, notes, or other obligations of
794     the appropriate local political subdivision or interlocal entity issued to the impact board and
795     payable from the net revenues of a throughput infrastructure project.
796          (b) An instrument described in Subsection (5)(a)(iii) may be:
797          (i) non-recourse to the local political subdivision or interlocal entity; and
798          (ii) limited to a pledge of the net revenues from a throughput infrastructure project.
799          (6) (a) Subject to the restriction in Subsection (6)(b), the impact board shall allocate
800     from the Throughput Infrastructure Fund to the board those amounts that are appropriated by
801     the Legislature for the administration of the Throughput Infrastructure Fund.
802          (b) The amount described in Subsection (6)(a) may not exceed 2% of the annual

803     receipts to the fund.
804          (7) The board shall include in the annual written report described in Section
805     35A-1-109:
806          (a) the number and type of loans and grants made under this section; and
807          (b) a list of local political subdivisions or interlocal entities that received assistance
808     under this section.
809          Section 14. Section 41-1a-418 is amended to read:
810          41-1a-418. Authorized special group license plates.
811          (1) The division shall only issue special group license plates in accordance with this
812     section through Section 41-1a-422 to a person who is specified under this section within the
813     categories listed as follows:
814          (a) disability special group license plates issued in accordance with Section 41-1a-420;
815          (b) honor special group license plates, as in a war hero, which plates are issued for a:
816          (i) survivor of the Japanese attack on Pearl Harbor;
817          (ii) former prisoner of war;
818          (iii) recipient of a Purple Heart;
819          (iv) disabled veteran;
820          (v) recipient of a gold star award issued by the United States Secretary of Defense; or
821          (vi) recipient of a campaign or combat theater award determined by the Department of
822     Veterans' and Military Affairs;
823          (c) unique vehicle type special group license plates, as for historical, collectors value,
824     or other unique vehicle type, which plates are issued for:
825          (i) a special interest vehicle;
826          (ii) a vintage vehicle;
827          (iii) a farm truck; or
828          (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
829     defined in Section 59-13-102; or
830          (B) beginning on the effective date of rules made by the Department of Transportation
831     authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
832     powered by clean fuel that meets the standards established by the Department of Transportation
833     in rules authorized under Subsection 41-6a-702(5)(b);

834          (d) recognition special group license plates, which plates are issued for:
835          (i) a current member of the Legislature;
836          (ii) a current member of the United States Congress;
837          (iii) a current member of the National Guard;
838          (iv) a licensed amateur radio operator;
839          (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
840          (vi) an emergency medical technician;
841          (vii) a current member of a search and rescue team; or
842          (viii) a current honorary consulate designated by the United States Department of
843     State; or
844          (e) support special group license plates, as for a contributor to an institution or cause,
845     which plates are issued for a contributor to:
846          (i) an institution's scholastic scholarship fund;
847          (ii) the Division of Wildlife Resources;
848          (iii) the Department of Veterans' and Military Affairs;
849          (iv) the Division of Parks and Recreation;
850          (v) the Department of Agriculture and Food;
851          (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
852          (vii) the Boy Scouts of America;
853          (viii) spay and neuter programs through No More Homeless Pets in Utah;
854          (ix) the Boys and Girls Clubs of America;
855          (x) Utah public education;
856          (xi) programs that provide support to organizations that create affordable housing for
857     those in severe need through the Division of Real Estate;
858          (xii) the Department of Public Safety;
859          (xiii) programs that support Zion National Park;
860          (xiv) beginning on July 1, 2009, programs that provide support to firefighter
861     organizations;
862          (xv) programs that promote bicycle operation and safety awareness;
863          (xvi) programs that conduct or support cancer research;
864          (xvii) programs that create or support autism awareness;

865          (xviii) programs that create or support humanitarian service and educational and
866     cultural exchanges;
867          (xix) programs that conduct or support prostate cancer awareness, screening, detection,
868     or prevention;
869          (xx) programs that support and promote adoptions;
870          (xxi) programs that create or support civil rights education and awareness;
871          (xxii) programs that support issues affecting women and children through an
872     organization affiliated with a national professional men's basketball organization;
873          (xxiii) programs that strengthen youth soccer, build communities, and promote
874     environmental sustainability through an organization affiliated with a professional men's soccer
875     organization;
876          (xxiv) programs that support children with heart disease;
877          (xxv) programs that support the operation and maintenance of the Utah Law
878     Enforcement Memorial; or
879          (xxvi) programs that provide assistance to children with cancer.
880          (2) (a) The division may not issue a new type of special group license plate or decal
881     unless the division receives:
882          (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
883     the production and administrative costs of providing the new special group license plates or
884     decals; or
885          (B) a legislative appropriation for the start-up fee provided under Subsection
886     (2)(a)(i)(A); and
887          (ii) beginning on January 1, 2012, and for the issuance of a support special group
888     license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
889     type of support special group license plate or decal to be issued with all fees required under this
890     part for the support special group license plate or decal issuance paid by each applicant.
891          (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
892     hold applications for support special group license plates or decals authorized in Section
893     41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
894          (ii) Once a participating organization has received at least 500 applications, it shall
895     submit the applications, along with the necessary fees, to the division for the division to begin

896     working on the design and issuance of the new type of support special group license plate or
897     decal to be issued.
898          (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
899     of a new support special group license plate or decal authorized in Section 41-1a-422 until the
900     applications and fees required under this Subsection (2) have been received by the division.
901          (iv) The division shall begin issuance of a new support special group license plate or
902     decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
903     after receiving the applications and fees required under this Subsection (2).
904          (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
905     registration of a motor vehicle that has been issued a firefighter recognition special group
906     license plate unless the applicant is a contributor as defined in Subsection
907     41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
908          (ii) A registered owner of a vehicle that has been issued a firefighter recognition
909     special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
910     registration shall:
911          (A) be a contributor to the Firefighter Support Restricted Account as required under
912     Subsection (2)(c)(i); or
913          (B) replace the firefighter recognition special group license plate with a new license
914     plate.
915          (3) Beginning on July 1, 2011, if a support special group license plate or decal type
916     authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
917     license plates issued each year for a three consecutive year time period that begins on July 1,
918     the division may not issue that type of support special group license plate or decal to a new
919     applicant beginning on January 1 of the following calendar year after the three consecutive year
920     time period for which that type of support special group license plate or decal has fewer than
921     500 license plates issued each year.
922          (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
923     vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
924          Section 15. Section 41-6a-520 is amended to read:
925          41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
926     tests -- Refusal -- Warning, report.

927          (1) (a) A person operating a motor vehicle in this state is considered to have given the
928     person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
929     the purpose of determining whether the person was operating or in actual physical control of a
930     motor vehicle while:
931          (i) having a blood or breath alcohol content statutorily prohibited under Section
932     41-6a-502, 41-6a-530, or 53-3-231[, or 53-3-232];
933          (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
934     under Section 41-6a-502; or
935          (iii) having any measurable controlled substance or metabolite of a controlled
936     substance in the person's body in violation of Section 41-6a-517.
937          (b) A test or tests authorized under this Subsection (1) must be administered at the
938     direction of a peace officer having grounds to believe that person to have been operating or in
939     actual physical control of a motor vehicle while in violation of any provision under Subsections
940     (1)(a)(i) through (iii).
941          (c) (i) The peace officer determines which of the tests are administered and how many
942     of them are administered.
943          (ii) If a peace officer requests more than one test, refusal by a person to take one or
944     more requested tests, even though the person does submit to any other requested test or tests, is
945     a refusal under this section.
946          (d) (i) A person who has been requested under this section to submit to a chemical test
947     or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
948     administered.
949          (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
950     not a defense to taking a test requested by a peace officer, and it is not a defense in any
951     criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
952     requested test or tests.
953          (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
954     submit to the test or tests may result in revocation of the person's license to operate a motor
955     vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of
956     alcohol in the person's body depending on the person's prior driving history, and a three-year
957     prohibition of driving without an ignition interlock device if the person:

958          (i) has been placed under arrest;
959          (ii) has then been requested by a peace officer to submit to any one or more of the
960     chemical tests under Subsection (1); and
961          (iii) refuses to submit to any chemical test requested.
962          (b) (i) Following the warning under Subsection (2)(a), if the person does not
963     immediately request that the chemical test or tests as offered by a peace officer be
964     administered, a peace officer shall, on behalf of the Driver License Division and within 24
965     hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
966     privilege or license to operate a motor vehicle.
967          (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
968     peace officer shall:
969          (A) take the Utah license certificate or permit, if any, of the operator;
970          (B) issue a temporary license certificate effective for only 29 days from the date of
971     arrest; and
972          (C) supply to the operator, in a manner specified by the Driver License Division, basic
973     information regarding how to obtain a hearing before the Driver License Division.
974          (c) A citation issued by a peace officer may, if provided in a manner specified by the
975     Driver License Division, also serve as the temporary license certificate.
976          (d) As a matter of procedure, the peace officer shall submit a signed report, within 10
977     calendar days after the day on which notice is provided under Subsection (2)(b), that:
978          (i) the peace officer had grounds to believe the arrested person was in violation of any
979     provision under Subsections (1)(a)(i) through (iii); and
980          (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
981          (3) Upon the request of the person who was tested, the results of the test or tests shall
982     be made available to the person.
983          (4) (a) The person to be tested may, at the person's own expense, have a physician of
984     the person's own choice administer a chemical test in addition to the test or tests administered
985     at the direction of a peace officer.
986          (b) The failure or inability to obtain the additional test does not affect admissibility of
987     the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
988     test or tests to be taken at the direction of a peace officer.

989          (c) The additional test shall be subsequent to the test or tests administered at the
990     direction of a peace officer.
991          (5) For the purpose of determining whether to submit to a chemical test or tests, the
992     person to be tested does not have the right to consult an attorney or have an attorney, physician,
993     or other person present as a condition for the taking of any test.
994          Section 16. Section 41-6a-521 is amended to read:
995          41-6a-521. Revocation hearing for refusal -- Appeal.
996          (1) (a) A person who has been notified of the Driver License Division's intention to
997     revoke the person's license under Section 41-6a-520 is entitled to a hearing.
998          (b) A request for the hearing shall be made in writing within 10 calendar days after the
999     day on which notice is provided.
1000          (c) Upon request in a manner specified by the Driver License Division, the Driver
1001     License Division shall grant to the person an opportunity to be heard within 29 days after the
1002     date of arrest.
1003          (d) If the person does not make a request for a hearing before the Driver License
1004     Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
1005     is revoked beginning on the 30th day after the date of arrest:
1006          (i) for a person 21 years of age or older on the date of arrest, for a period of:
1007          (A) 18 months, unless Subsection (1)(d)(i)(B) applies; or
1008          (B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a
1009     previous:
1010          (I) license sanction for an offense that occurred within the previous 10 years from the
1011     date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231[, or
1012     53-3-232]; or
1013          (II) conviction for an offense that occurred within the previous 10 years from the date
1014     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
1015     constitute a violation of Section 41-6a-502;
1016          (ii) for a person under 21 years of age on the date of arrest:
1017          (A) until the person is 21 years of age or for a period of two years, whichever is longer,
1018     if the arrest was made on or after July 1, 2011, unless Subsection (1)(d)(ii)(B) applies; or
1019          (B) until the person is 21 years of age or for a period of 36 months, whichever is

1020     longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:
1021          (I) license sanction for an offense that occurred within the previous 10 years from the
1022     date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231[, or
1023     53-3-232]; or
1024          (II) conviction for an offense that occurred within the previous 10 years from the date
1025     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
1026     constitute a violation of Section 41-6a-502; or
1027          (iii) for a person that was arrested prior to July 1, 2009, for the suspension periods in
1028     effect prior to July 1, 2009.
1029          (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
1030     the hearing shall be conducted by the Driver License Division in:
1031          (i) the county in which the offense occurred; or
1032          (ii) a county which is adjacent to the county in which the offense occurred.
1033          (b) The Driver License Division may hold a hearing in some other county if the Driver
1034     License Division and the person both agree.
1035          (3) The hearing shall be documented and shall cover the issues of:
1036          (a) whether a peace officer had reasonable grounds to believe that a person was
1037     operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, or
1038     53-3-231[, or 53-3-232]; and
1039          (b) whether the person refused to submit to the test or tests under Section 41-6a-520.
1040          (4) (a) In connection with the hearing, the division or its authorized agent:
1041          (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
1042     the production of relevant books and papers; and
1043          (ii) shall issue subpoenas for the attendance of necessary peace officers.
1044          (b) The Driver License Division shall pay witness fees and mileage from the
1045     Transportation Fund in accordance with the rates established in Section 78B-1-119.
1046          (5) (a) If after a hearing, the Driver License Division determines that the person was
1047     requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
1048     person fails to appear before the Driver License Division as required in the notice, the Driver
1049     License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
1050     beginning on the date the hearing is held:

1051          (i) for a person 21 years of age or older on the date of arrest, for a period of:
1052          (A) 18 months unless Subsection (5)(a)(i)(B) applies; or
1053          (B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a
1054     previous:
1055          (I) license sanction for an offense that occurred within the previous 10 years from the
1056     date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231[, or
1057     53-3-232]; or
1058          (II) conviction for an offense that occurred within the previous 10 years from the date
1059     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
1060     constitute a violation of Section 41-6a-502;
1061          (ii) for a person under 21 years of age on the date of arrest:
1062          (A) until the person is 21 years of age or for a period of two years, whichever is longer,
1063     for an arrest that was made on or after July 1, 2011, and unless Subsection (5)(a)(ii)(B) applies;
1064     or
1065          (B) until the person is 21 years of age or for a period of 36 months, whichever is
1066     longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:
1067          (I) license sanction for an offense that occurred within the previous 10 years from the
1068     date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231[, or
1069     53-3-232]; or
1070          (II) conviction for an offense that occurred within the previous 10 years from the date
1071     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
1072     constitute a violation of Section 41-6a-502; or
1073          (iii) for a person that was arrested prior to July 1, 2009, for the revocation periods in
1074     effect prior to July 1, 2009.
1075          (b) The Driver License Division shall also assess against the person, in addition to any
1076     fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid
1077     before the person's driving privilege is reinstated, to cover administrative costs.
1078          (c) The fee shall be cancelled if the person obtains an unappealed court decision
1079     following a proceeding allowed under Subsection (2) that the revocation was improper.
1080          (6) (a) Any person whose license has been revoked by the Driver License Division
1081     under this section following an administrative hearing may seek judicial review.

1082          (b) Judicial review of an informal adjudicative proceeding is a trial.
1083          (c) Venue is in the district court in the county in which the offense occurred.
1084          Section 17. Section 41-6a-524 is amended to read:
1085          41-6a-524. Refusal as evidence.
1086          If a person under arrest refuses to submit to a chemical test or tests or any additional
1087     test under Section 41-6a-520, evidence of any refusal is admissible in any civil or criminal
1088     action or proceeding arising out of acts alleged to have been committed while the person was
1089     operating or in actual physical control of a motor vehicle while:
1090          (1) under the influence of:
1091          (a) alcohol;
1092          (b) any drug; or
1093          (c) a combination of alcohol and any drug;
1094          (2) having any measurable controlled substance or metabolite of a controlled substance
1095     in the person's body; or
1096          (3) having any measurable or detectable amount of alcohol in the person's body if the
1097     person is an alcohol restricted driver as defined under Section 41-6a-529[; or].
1098          [(4) having any measurable or detectable amount of alcohol in the person's body if the
1099     person has been issued a conditional license under Section 53-3-232.]
1100          Section 18. Section 41-6a-527 is amended to read:
1101          41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impound
1102     requirements -- Removal of vehicle by owner.
1103          (1) If a peace officer arrests, cites, or refers for administrative action the operator of a
1104     vehicle for violating Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530,
1105     41-6a-606, 53-3-231, [53-3-232,] Subsections 53-3-227(3)(a)(i) through (vi), Subsection
1106     53-3-227(3)(a)(ix), or a local ordinance similar to Section 41-6a-502 which complies with
1107     Subsection 41-6a-510(1), the peace officer shall seize and impound the vehicle in accordance
1108     with Section 41-6a-1406, except as provided under Subsection (2).
1109          (2) If a registered owner of the vehicle, other than the operator, is present at the time of
1110     arrest, the peace officer may release the vehicle to that registered owner, but only if:
1111          (a) the registered owner:
1112          (i) requests to remove the vehicle from the scene; and

1113          (ii) presents to the peace officer sufficient identification to prove ownership of the
1114     vehicle or motorboat;
1115          (b) the registered owner identifies a driver with a valid operator's license who:
1116          (i) complies with all restrictions of his operator's license; and
1117          (ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502,
1118     41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530, 53-3-231, [53-3-232,] or a local ordinance
1119     similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1) if permitted to
1120     operate the vehicle; and
1121          (c) the vehicle itself is legally operable.
1122          (3) If necessary for transportation of a motorboat for impoundment under this section,
1123     the motorboat's trailer may be used to transport the motorboat.
1124          Section 19. Section 41-6a-606 is amended to read:
1125          41-6a-606. Speed contest or exhibition on highway -- Barricade or obstruction.
1126          (1) A person may not engage in any motor vehicle speed contest or exhibition of speed
1127     on a highway.
1128          (2) A person may not, in any manner, obstruct or place any barricade or obstruction or
1129     assist or participate in placing any barricade or obstruction upon any highway for any purpose
1130     prohibited under Subsection (1).
1131          (3) A person who violates Subsection (1) is guilty of a class B misdemeanor.
1132          (4) (a) In addition to the penalty provided under this section or any other section, a
1133     person who violates Subsection (1) shall have the person's driver license suspended under
1134     Subsection 53-3-220(1)(a)[(xvi)](xv) for a period of:
1135          (i) 60 days for a first offense; and
1136          (ii) 90 days for a second offense within three years of a prior offense.
1137          (b) The court shall forward the report of the conviction to the Driver License Division
1138     in accordance with Section 53-3-218.
1139          Section 20. Section 53-3-220 is amended to read:
1140          53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
1141     disqualification of license -- Offense requiring an extension of period -- Hearing --
1142     Limited driving privileges.
1143          (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter

1144     6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
1145     disqualification, the division shall deny, suspend, or disqualify the license of a person upon
1146     receiving a record of the person's conviction for:
1147          (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
1148     automobile homicide under Section 76-5-207 or 76-5-207.5;
1149          (ii) driving or being in actual physical control of a motor vehicle while under the
1150     influence of alcohol, any drug, or combination of them to a degree that renders the person
1151     incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
1152     in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
1153          (iii) driving or being in actual physical control of a motor vehicle while having a blood
1154     or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
1155     that complies with the requirements of Subsection 41-6a-510(1);
1156          (iv) perjury or the making of a false affidavit to the division under this chapter, Title
1157     41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
1158     regulating driving on highways;
1159          (v) any felony under the motor vehicle laws of this state;
1160          (vi) any other felony in which a motor vehicle is used to facilitate the offense;
1161          (vii) failure to stop and render aid as required under the laws of this state if a motor
1162     vehicle accident results in the death or personal injury of another;
1163          (viii) two charges of reckless driving, impaired driving, or any combination of reckless
1164     driving and impaired driving committed within a period of 12 months; but if upon a first
1165     conviction of reckless driving or impaired driving the judge or justice recommends suspension
1166     of the convicted person's license, the division may after a hearing suspend the license for a
1167     period of three months;
1168          (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
1169     required in Section 41-6a-210;
1170          (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
1171     requires disqualification;
1172          (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
1173     allowing the discharge of a firearm from a vehicle;
1174          (xii) using, allowing the use of, or causing to be used any explosive, chemical, or

1175     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
1176          (xiii) operating or being in actual physical control of a motor vehicle while having any
1177     measurable controlled substance or metabolite of a controlled substance in the person's body in
1178     violation of Section 41-6a-517;
1179          [(xiv) until July 30, 2015, operating or being in actual physical control of a motor
1180     vehicle while having any alcohol in the person's body in violation of Section 53-3-232;]
1181          [(xv)] (xiv) operating or being in actual physical control of a motor vehicle while
1182     having any measurable or detectable amount of alcohol in the person's body in violation of
1183     Section 41-6a-530;
1184          [(xvi)] (xv) engaging in a motor vehicle speed contest or exhibition of speed on a
1185     highway in violation of Section 41-6a-606;
1186          [(xvii)] (xvi) operating or being in actual physical control of a motor vehicle in this
1187     state without an ignition interlock system in violation of Section 41-6a-518.2; or
1188          [(xviii)] (xvii) custodial interference, under:
1189          (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
1190     the court provides the division with an order of suspension for a shorter period of time;
1191          (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
1192     the court provides the division with an order of suspension for a shorter period of time; or
1193          (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
1194     the court provides the division with an order of suspension for a shorter period of time.
1195          (b) The division shall immediately revoke the license of a person upon receiving a
1196     record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act [of 1996], for:
1197          (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
1198     allowing the discharge of a firearm from a vehicle; or
1199          (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
1200     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
1201          (c) Except when action is taken under Section 53-3-219 for the same offense, the
1202     division shall immediately suspend for six months the license of a person upon receiving a
1203     record of conviction for:
1204          (i) any violation of:
1205          (A) Title 58, Chapter 37, Utah Controlled Substances Act;

1206          (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
1207          (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
1208          (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
1209          (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
1210          (ii) any criminal offense that prohibits:
1211          (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
1212     that is prohibited under the acts described in Subsection (1)(c)(i); or
1213          (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
1214     transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
1215          (d) (i) The division shall immediately suspend a person's driver license for conviction
1216     of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
1217          (A) an order from the sentencing court requiring that the person's driver license be
1218     suspended; and
1219          (B) a record of the conviction.
1220          (ii) An order of suspension under this section is at the discretion of the sentencing
1221     court, and may not be for more than 90 days for each offense.
1222          (e) (i) The division shall immediately suspend for one year the license of a person upon
1223     receiving a record of:
1224          (A) conviction for the first time for a violation under Section 32B-4-411; or
1225          (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act [of 1996], for a
1226     violation under Section 32B-4-411.
1227          (ii) The division shall immediately suspend for a period of two years the license of a
1228     person upon receiving a record of:
1229          (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
1230          (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
1231     conviction for a violation under Section 32B-4-411; or
1232          (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
1233     Act of 1996, for a violation under Section 32B-4-411; and
1234          (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
1235     adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
1236     Section 32B-4-411.

1237          (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
1238          (A) for a conviction or adjudication described in Subsection (1)(e)(i):
1239          (I) impose a suspension for one year beginning on the date of conviction; or
1240          (II) if the person is under the age of eligibility for a driver license, impose a suspension
1241     that begins on the date of conviction and continues for one year beginning on the date of
1242     eligibility for a driver license; or
1243          (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
1244          (I) impose a suspension for a period of two years; or
1245          (II) if the person is under the age of eligibility for a driver license, impose a suspension
1246     that begins on the date of conviction and continues for two years beginning on the date of
1247     eligibility for a driver license.
1248          (iv) Upon receipt of the first order suspending a person's driving privileges under
1249     Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
1250     ordered by the court in accordance with Subsection 32B-4-411(3)(a).
1251          (v) Upon receipt of the second or subsequent order suspending a person's driving
1252     privileges under Section 32B-4-411, the division shall reduce the suspension period under
1253     Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
1254          (2) The division shall extend the period of the first denial, suspension, revocation, or
1255     disqualification for an additional like period, to a maximum of one year for each subsequent
1256     occurrence, upon receiving:
1257          (a) a record of the conviction of any person on a charge of driving a motor vehicle
1258     while the person's license is denied, suspended, revoked, or disqualified;
1259          (b) a record of a conviction of the person for any violation of the motor vehicle law in
1260     which the person was involved as a driver;
1261          (c) a report of an arrest of the person for any violation of the motor vehicle law in
1262     which the person was involved as a driver; or
1263          (d) a report of an accident in which the person was involved as a driver.
1264          (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
1265     driving while the person's license is denied, suspended, disqualified, or revoked, the person is
1266     entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
1267     or revocation originally imposed under Section 53-3-221.

1268          (4) (a) The division may extend to a person the limited privilege of driving a motor
1269     vehicle to and from the person's place of employment or within other specified limits on
1270     recommendation of the judge in any case where a person is convicted of any of the offenses
1271     referred to in Subsections (1) and (2) except:
1272          (i) automobile homicide under Subsection (1)(a)(i);
1273          (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
1274     (1)(c); and
1275          (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
1276     revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
1277     41-6a-517, a local ordinance which complies with the requirements of Subsection
1278     41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
1279     was charged with violating as a result of a plea bargain after having been originally charged
1280     with violating one or more of these sections or ordinances, unless:
1281          (A) the person has had the period of the first denial, suspension, revocation, or
1282     disqualification extended for a period of at least three years;
1283          (B) the division receives written verification from the person's primary care physician
1284     that:
1285          (I) to the physician's knowledge the person has not used any narcotic drug or other
1286     controlled substance except as prescribed by a licensed medical practitioner within the last
1287     three years; and
1288          (II) the physician is not aware of any physical, emotional, or mental impairment that
1289     would affect the person's ability to operate a motor vehicle safely; and
1290          (C) for a period of one year prior to the date of the request for a limited driving
1291     privilege:
1292          (I) the person has not been convicted of a violation of any motor vehicle law in which
1293     the person was involved as the operator of the vehicle;
1294          (II) the division has not received a report of an arrest for a violation of any motor
1295     vehicle law in which the person was involved as the operator of the vehicle; and
1296          (III) the division has not received a report of an accident in which the person was
1297     involved as an operator of a vehicle.
1298          (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege

1299     authorized in this Subsection (4):
1300          (A) is limited to when undue hardship would result from a failure to grant the
1301     privilege; and
1302          (B) may be granted only once to any person during any single period of denial,
1303     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
1304     or disqualification.
1305          (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
1306          (A) is limited to when the limited privilege is necessary for the person to commute to
1307     school or work; and
1308          (B) may be granted only once to any person during any single period of denial,
1309     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
1310     or disqualification.
1311          (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
1312     Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
1313     denied under this chapter.
1314          Section 21. Section 53A-1-1110 is amended to read:
1315          53A-1-1110. Letter grade based on percentage of maximum points earned.
1316          (1) A school shall receive a letter grade based on the percentage of the maximum
1317     number of points the school may earn as calculated under Section 53A-1-1109 as follows:
1318          (a) for a school that is not a high school:
1319          (i) A, 100%-64%;
1320          (ii) B, 63%-51%;
1321          (iii) C, 50%-39%;
1322          (iv) D, 38%-30%; and
1323          (v) F, 29% or less; and
1324          (b) for a high school:
1325          (i) A, 100%-64%;
1326          (ii) B, 63%-51%;
1327          (iii) C, 50%-43%;
1328          (iv) D, 42%-40%; and
1329          (v) F, 39% or less.

1330          (2) Notwithstanding Subsection (1), and subject to Subsection (3), for a school year in
1331     which at least 65% of schools described in Subsection (1)(a) or (b) receive an A or a B, the
1332     board shall increase an endpoint of a range described in Subsection (1)(a) or (b) by five
1333     percentage points over the previous school year.
1334          (3) (a) Subsection (2) applies until the:
1335          (i) lower endpoint of the:
1336          (A) A range equals 90%;
1337          (B) B range equals 80%;
1338          (C) C range equals 70%; and
1339          (D) D range equals 60%; and
1340          (ii) upper endpoint of the F range equals 59%.
1341          (b) The board may increase an endpoint of a range described in Subsection (1)(a) or (b)
1342     by less than five percentage points over the previous school year if increasing the endpoint by
1343     five percentage points would increase the endpoint above the applicable percentage described
1344     in Subsection (3)(a).
1345          (c) If the board increases an endpoint of a range as described in this section, the board
1346     shall publish, on the board's website, each letter grade that is assigned to the percentage of
1347     points earned.
1348           (4) Notwithstanding Subsection (1), the board shall lower a school's grade by one letter
1349     grade if:
1350          (a) student participation in a statewide assessment is fewer than 95%; or
1351          (b) the participation of nonproficient students as determined by prior year test scores is
1352     fewer than 95%.
1353          Section 22. Section 53A-1-1403 is amended to read:
1354          53A-1-1403. State student data protection governance.
1355          (1) (a) An education entity or a third-party contractor who collects, uses, stores, shares,
1356     or deletes student data shall protect student data as described in this part.
1357          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1358     board shall [makes] make rules to administer this part, including student data protection
1359     standards for public education employees, student aides, and volunteers.
1360          (2) The board shall oversee the preparation and maintenance of:

1361          (a) a statewide data governance plan; and
1362          (b) a state-level metadata dictionary.
1363          (3) As described in this Subsection (3), the board shall establish advisory groups to
1364     oversee student data protection in the state and make recommendations to the board regarding
1365     student data protection.
1366          (a) The board shall establish a student data policy advisory group:
1367          (i) composed of members from:
1368          (A) the Legislature;
1369          (B) the board and board employees; and
1370          (C) one or more LEAs;
1371          (ii) to discuss and make recommendations to the board regarding:
1372          (A) enacted or proposed legislation; and
1373          (B) state and local student data protection policies across the state;
1374          (iii) that reviews and monitors the state student data governance plan; and
1375          (iv) that performs other tasks related to student data protection as designated by the
1376     board.
1377          (b) The board shall establish a student data governance advisory group:
1378          (i) composed of the state student data officer and other board employees; and
1379          (ii) that performs duties related to state and local student data protection, including:
1380          (A) overseeing data collection and usage by board program offices; and
1381          (B) preparing and maintaining the board's student data governance plan under the
1382     direction of the student data policy advisory group.
1383          (c) The board shall establish a student data users advisory group:
1384          (i) composed of members who use student data at the local level; and
1385          (ii) that provides feedback and suggestions on the practicality of actions proposed by
1386     the student data policy advisory group and the student data governance advisory group.
1387          (4) (a) The board shall designate a state student data officer.
1388          (b) The state student data officer shall:
1389          (i) act as the primary point of contact for state student data protection administration in
1390     assisting the board to administer this part;
1391          (ii) ensure compliance with student privacy laws throughout the public education

1392     system, including:
1393          (A) providing training and support to applicable board and LEA employees; and
1394          (B) producing resource materials, model plans, and model forms for local student data
1395     protection governance, including a model student data disclosure statement;
1396          (iii) investigate complaints of alleged violations of this part;
1397          (iv) report violations of this part to:
1398          (A) the board;
1399          (B) an applicable education entity; and
1400          (C) the student data policy advisory group; and
1401          (v) act as a state level student data manager.
1402          (5) The board shall designate:
1403          (a) at least one support manager to assist the state student data officer; and
1404          (b) a student data protection auditor to assist the state student data officer.
1405          (6) The board shall establish an external research review process for a request for data
1406     for the purpose of external research or evaluation.
1407          Section 23. Section 53A-16-113 is amended to read:
1408          53A-16-113. Capital local levy -- First class county required levy -- Allowable
1409     uses of collected revenue.
1410          (1) (a) Subject to the other requirements of this section, a local school board may levy a
1411     tax to fund the school district's capital projects.
1412          (b) A tax rate imposed by a school district pursuant to this section may not exceed
1413     .0030 per dollar of taxable value in any calendar year.
1414          (2) A school district that imposes a capital local levy in the calendar year beginning on
1415     January 1, 2012, is exempt from the public notice and hearing requirements of Section
1416     59-2-919 if the school district budgets an amount of ad valorem property tax revenue equal to
1417     or less than the sum of the following amounts:
1418          (a) the amount of revenue generated during the calendar year beginning on January 1,
1419     2011, from the sum of the following levies of a school district:
1420          (i) a capital outlay levy imposed under Section 53A-16-107; and
1421          (ii) the portion of the 10% of basic levy described in Section 53A-17a-145 that is
1422     budgeted for debt service or capital outlay; and

1423          (b) revenue from eligible new growth as defined in Section 59-2-924.
1424          (3) (a) Subject to Subsections (3)(b), (c), and (d), for fiscal year 2013-14, a local school
1425     board may utilize the proceeds of a maximum of .0024 per dollar of taxable value of the local
1426     school board's annual capital local levy for general fund purposes if the proceeds are not
1427     committed or dedicated to pay debt service or bond payments.
1428          (b) If a local school board uses the proceeds described in Subsection (3)(a) for general
1429     fund purposes, the local school board shall notify the public of the local school board's use of
1430     the capital local levy proceeds for general fund purposes:
1431          (i) [prior to] before the local school board's budget hearing in accordance with the
1432     notification requirements described in Section 53A-19-102; and
1433          (ii) at a budget hearing required in Section 53A-19-102.
1434          (c) A local school board may not use the proceeds described in Subsection (3)(a) to
1435     fund the following accounting function classifications as provided in the Financial Accounting
1436     for Local and State School Systems guidelines developed by the National Center for Education
1437     Statistics:
1438          (i) 2300 Support Services - General District Administration; or
1439          (ii) 2500 Support Services - Central Services.
1440          [(d) A local school board may not use the proceeds from a distribution described in
1441     Subsection (4) for general fund purposes.]
1442          Section 24. Section 58-17b-309.6 is amended to read:
1443          58-17b-309.6. Exemptions from licensure for research using pharmaceuticals.
1444          Research using pharmaceuticals, as defined in [Subsection] Section 58-17b-102[(65)],
1445     is exempt from licensure under Sections 58-17b-301 and 58-17b-302.
1446          Section 25. Section 58-37f-304 is amended to read:
1447          58-37f-304. Database utilization.
1448          (1) As used in this section:
1449          (a) "Dispenser" means a licensed pharmacist, as described in Section 58-17b-303, or
1450     the pharmacist's licensed intern, as described in Section 58-17b-304, who is also licensed to
1451     dispense a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.
1452          (b) "Opioid" means those substances listed in Subsection 58-37-4(2)(b)(i) or (2)(b)(ii).
1453          (c) "Outpatient" means a setting in which an individual visits a licensed healthcare

1454     facility or a healthcare provider's office for a diagnosis or treatment but is not admitted to a
1455     licensed healthcare facility for an overnight stay.
1456          (d) "Prescriber" means an individual authorized to prescribe a controlled substance
1457     under Title 58, Chapter 37, Utah Controlled Substances Act.
1458          (2) To address the serious public health concern of life-altering and life-threatening
1459     opioid abuse and overdose, and to achieve the purposes of this chapter and as described in
1460     Section 58-37f-201, which includes identifying and reducing the prescribing and dispensing of
1461     opioids in an unprofessional or unlawful manner or in quantities or frequencies inconsistent
1462     with generally recognized standards of dosage for an opioid, through utilization of the carefully
1463     developed and highly respected database:
1464          (a) a prescriber or dispenser of an opioid for individual outpatient usage shall access
1465     and review the database as necessary in the prescriber's or dispenser's professional judgment
1466     and to achieve the purpose of this chapter as described in Section 58-37f-201; and
1467          (b) a prescriber may assign the access and review required under Subsection (2)(a) to
1468     an employee, in accordance with Subsections 58-37f-301(2)(g) and (h).
1469          (3) The division shall, in collaboration with the licensing boards for prescribers and
1470     dispensers:
1471          (a) develop a system that gathers and reports to prescribers and dispensers the progress
1472     and results of the prescriber's and dispenser's individual access and review of the database, as
1473     provided in this section; and
1474          (b) reduce or waive the division's continuing education requirements regarding opioid
1475     prescriptions, described in Section 58-37-6.5, including the online tutorial and test relating to
1476     the database, for prescribers and dispensers whose individual utilization of the database
1477     contribute to the life-saving and public safety purposes of this section and as described in
1478     Subsection (2).
1479          (4) If the dispenser's access and review of the database suggest that the individual
1480     seeking an opioid may be obtaining opioids in quantities or frequencies inconsistent with
1481     generally recognized standards as provided in this section and Section 58-37f-201, the
1482     dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's informed,
1483     current, and professional decision regarding whether the prescribed opioid is medically
1484     justified, notwithstanding the results of the database search.

1485          Section 26. Section 59-1-403 is amended to read:
1486          59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
1487          (1) (a) Any of the following may not divulge or make known in any manner any
1488     information gained by that person from any return filed with the commission:
1489          (i) a tax commissioner;
1490          (ii) an agent, clerk, or other officer or employee of the commission; or
1491          (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
1492     town.
1493          (b) An official charged with the custody of a return filed with the commission is not
1494     required to produce the return or evidence of anything contained in the return in any action or
1495     proceeding in any court, except:
1496          (i) in accordance with judicial order;
1497          (ii) on behalf of the commission in any action or proceeding under:
1498          (A) this title; or
1499          (B) other law under which persons are required to file returns with the commission;
1500          (iii) on behalf of the commission in any action or proceeding to which the commission
1501     is a party; or
1502          (iv) on behalf of any party to any action or proceeding under this title if the report or
1503     facts shown by the return are directly involved in the action or proceeding.
1504          (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
1505     admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
1506     pertinent to the action or proceeding.
1507          (2) This section does not prohibit:
1508          (a) a person or that person's duly authorized representative from receiving a copy of
1509     any return or report filed in connection with that person's own tax;
1510          (b) the publication of statistics as long as the statistics are classified to prevent the
1511     identification of particular reports or returns; and
1512          (c) the inspection by the attorney general or other legal representative of the state of the
1513     report or return of any taxpayer:
1514          (i) who brings action to set aside or review a tax based on the report or return;
1515          (ii) against whom an action or proceeding is contemplated or has been instituted under

1516     this title; or
1517          (iii) against whom the state has an unsatisfied money judgment.
1518          (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
1519     commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
1520     Rulemaking Act, provide for a reciprocal exchange of information with:
1521          (i) the United States Internal Revenue Service; or
1522          (ii) the revenue service of any other state.
1523          (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1524     corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
1525     Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
1526     other written statements with the federal government, any other state, any of the political
1527     subdivisions of another state, or any political subdivision of this state, except as limited by
1528     Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
1529     government grant substantially similar privileges to this state.
1530          (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1531     corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
1532     Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
1533     identity and other information of taxpayers who have failed to file tax returns or to pay any tax
1534     due.
1535          (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
1536     Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
1537     requested by the director of the Division of Environmental Response and Remediation, any
1538     records, returns, or other information filed with the commission under Chapter 13, Motor and
1539     Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
1540     participation fee.
1541          (e) Notwithstanding Subsection (1), at the request of any person the commission shall
1542     provide that person sales and purchase volume data reported to the commission on a report,
1543     return, or other information filed with the commission under:
1544          (i) Chapter 13, Part 2, Motor Fuel; or
1545          (ii) Chapter 13, Part 4, Aviation Fuel.
1546          (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,

1547     as defined in Section 59-22-202, the commission shall report to the manufacturer:
1548          (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1549     manufacturer and reported to the commission for the previous calendar year under Section
1550     59-14-407; and
1551          (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1552     manufacturer for which a tax refund was granted during the previous calendar year under
1553     Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
1554          (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
1555     distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
1556     from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
1557          (h) Notwithstanding Subsection (1), the commission may:
1558          (i) provide to the Division of Consumer Protection within the Department of
1559     Commerce and the attorney general data:
1560          (A) reported to the commission under Section 59-14-212; or
1561          (B) related to a violation under Section 59-14-211; and
1562          (ii) upon request, provide to any person data reported to the commission under
1563     Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
1564          (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
1565     of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
1566     Management and Budget, provide to the committee or office the total amount of revenues
1567     collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
1568     time period specified by the committee or office.
1569          (j) Notwithstanding Subsection (1), the commission shall make the directory required
1570     by Section 59-14-603 available for public inspection.
1571          (k) Notwithstanding Subsection (1), the commission may share information with
1572     federal, state, or local agencies as provided in Subsection 59-14-606(3).
1573          (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
1574     Recovery Services within the Department of Human Services any relevant information
1575     obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
1576     who has become obligated to the Office of Recovery Services.
1577          (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of

1578     Recovery Services to any other state's child support collection agency involved in enforcing
1579     that support obligation.
1580          (m) (i) Notwithstanding Subsection (1), upon request from the state court
1581     administrator, the commission shall provide to the state court administrator, the name, address,
1582     telephone number, county of residence, and social security number on resident returns filed
1583     under Chapter 10, Individual Income Tax Act.
1584          (ii) The state court administrator may use the information described in Subsection
1585     (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
1586          [(n) Notwithstanding Subsection (1), the commission shall at the request of a
1587     committee, commission, or task force of the Legislature provide to the committee, commission,
1588     or task force of the Legislature any information relating to a tax imposed under Chapter 9,
1589     Taxation of Admitted Insurers, relating to the study required by Section 59-9-101.]
1590          [(o)] (n) (i) As used in this Subsection (3)[(o)](n), "office" means the:
1591          (A) Office of the Legislative Fiscal Analyst; or
1592          (B) Office of Legislative Research and General Counsel.
1593          (ii) Notwithstanding Subsection (1) and except as provided in Subsection
1594     (3)[(o)](n)(iii), the commission shall at the request of an office provide to the office all
1595     information:
1596          (A) gained by the commission; and
1597          (B) required to be attached to or included in returns filed with the commission.
1598          (iii) (A) An office may not request and the commission may not provide to an office a
1599     person's:
1600          (I) address;
1601          (II) name;
1602          (III) social security number; or
1603          (IV) taxpayer identification number.
1604          (B) The commission shall in all instances protect the privacy of a person as required by
1605     Subsection (3)[(o)](n)(iii)(A).
1606          (iv) An office may provide information received from the commission in accordance
1607     with this Subsection (3)[(o)](n) only:
1608          (A) as:

1609          (I) a fiscal estimate;
1610          (II) fiscal note information; or
1611          (III) statistical information; and
1612          (B) if the information is classified to prevent the identification of a particular return.
1613          (v) (A) A person may not request information from an office under Title 63G, Chapter
1614     2, Government Records Access and Management Act, or this section, if that office received the
1615     information from the commission in accordance with this Subsection (3)[(o)](n).
1616          (B) An office may not provide to a person that requests information in accordance with
1617     Subsection (3)[(o)](n)(v)(A) any information other than the information the office provides in
1618     accordance with Subsection (3)[(o)](n)(iv).
1619          [(p)] (o) Notwithstanding Subsection (1), the commission may provide to the
1620     governing board of the agreement or a taxing official of another state, the District of Columbia,
1621     the United States, or a territory of the United States:
1622          (i) the following relating to an agreement sales and use tax:
1623          (A) information contained in a return filed with the commission;
1624          (B) information contained in a report filed with the commission;
1625          (C) a schedule related to Subsection (3)[(p)](o)(i)(A) or (B); or
1626          (D) a document filed with the commission; or
1627          (ii) a report of an audit or investigation made with respect to an agreement sales and
1628     use tax.
1629          [(q)] (p) Notwithstanding Subsection (1), the commission may provide information
1630     concerning a taxpayer's state income tax return or state income tax withholding information to
1631     the Driver License Division if the Driver License Division:
1632          (i) requests the information; and
1633          (ii) provides the commission with a signed release form from the taxpayer allowing the
1634     Driver License Division access to the information.
1635          [(r)] (q) Notwithstanding Subsection (1), the commission shall provide to the Utah
1636     Communications Authority, or a division of the Utah Communications Authority, the
1637     information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
1638     63H-7a-502.
1639          [(s)] (r) Notwithstanding Subsection (1), the commission shall provide to the Utah

1640     Educational Savings Plan information related to a resident or nonresident individual's
1641     contribution to a Utah Educational Savings Plan account as designated on the resident or
1642     nonresident's individual income tax return as provided under Section 59-10-1313.
1643          [(t)] (s) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
1644     Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
1645     Department of Health or its designee with the adjusted gross income of an individual if:
1646          (i) an eligibility worker with the Department of Health or its designee requests the
1647     information from the commission; and
1648          (ii) the eligibility worker has complied with the identity verification and consent
1649     provisions of Sections 26-18-2.5 and 26-40-105.
1650          [(u)] (t) Notwithstanding Subsection (1), the commission may provide to a county, as
1651     determined by the commission, information declared on an individual income tax return in
1652     accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
1653     authorized under Section 59-2-103.
1654          (4) (a) Each report and return shall be preserved for at least three years.
1655          (b) After the three-year period provided in Subsection (4)(a) the commission may
1656     destroy a report or return.
1657          (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
1658          (b) If the person described in Subsection (5)(a) is an officer or employee of the state,
1659     the person shall be dismissed from office and be disqualified from holding public office in this
1660     state for a period of five years thereafter.
1661          (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in
1662     accordance with Subsection (3)[(o)](n)(iii) or a person that requests information in accordance
1663     with Subsection (3)[(o)](n)(v):
1664          (i) is not guilty of a class A misdemeanor; and
1665          (ii) is not subject to:
1666          (A) dismissal from office in accordance with Subsection (5)(b); or
1667          (B) disqualification from holding public office in accordance with Subsection (5)(b).
1668          (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
1669          Section 27. Section 59-7-302 is amended to read:
1670          59-7-302. Definitions.

1671          (1) As used in this part, unless the context otherwise requires:
1672          (a) "Aircraft type" means a particular model of aircraft as designated by the
1673     manufacturer of the aircraft.
1674          (b) "Airline" means the same as that term is defined in Section 59-2-102.
1675          (c) "Airline revenue ton miles" means, for an airline, the total revenue ton miles during
1676     the airline's tax period.
1677          (d) "Business income" means income arising from transactions and activity in the
1678     regular course of the taxpayer's trade or business and includes income from tangible and
1679     intangible property if the acquisition, management, and disposition of the property constitutes
1680     integral parts of the taxpayer's regular trade or business operations.
1681          (e) "Commercial domicile" means the principal place from which the trade or business
1682     of the taxpayer is directed or managed.
1683          (f) "Compensation" means wages, salaries, commissions, and any other form of
1684     remuneration paid to employees for personal services.
1685          (g) (i) Except as provided in Subsection (1)(g)(ii), "mobile flight equipment" is as
1686     defined in Section 59-2-102.
1687          (ii) "Mobile flight equipment" does not include:
1688          (A) a spare engine; or
1689          (B) tangible personal property described in Subsection 59-2-102(27) owned by an:
1690          (I) air charter service; or
1691          (II) air contract service.
1692          (h) "Nonbusiness income" means all income other than business income.
1693          (i) "Optional sales factor weighted taxpayer" means:
1694          (i) for a taxpayer that is not a unitary group, regardless of the number of economic
1695     activities the taxpayer performs, a taxpayer having greater than 50% of the taxpayer's total sales
1696     everywhere generated by economic activities performed by the taxpayer if the economic
1697     activities are classified in a NAICS code within NAICS Subsector 334, computer and
1698     electronic products manufacturing, of the 2002 or 2007 North American Industry Classification
1699     System of the federal Executive Office of the President, Office of Management and Budget; or
1700           (ii) for a taxpayer that is a unitary group, a taxpayer having greater than 50% of the
1701     taxpayer's total sales everywhere generated by economic activities performed by the taxpayer if

1702     the economic activities are classified in a NAICS code within NAICS Subsector 334, computer
1703     and electronic products manufacturing, of the 2002 or 2007 North American Industry
1704     Classification System of the federal Executive Office of the President, Office of Management
1705     and Budget.
1706          (j) "Revenue ton miles" is determined in accordance with 14 C.F.R. Part 241.
1707          (k) "Sales" means all gross receipts of the taxpayer not allocated under Sections
1708     59-7-306 through 59-7-310.
1709          (l) Subject to Subsection (2), "sales factor weighted taxpayer" means:
1710          (i) for a taxpayer that is not a unitary group, regardless of the number of economic
1711     activities the taxpayer performs, a taxpayer having greater than 50% of the taxpayer's total sales
1712     everywhere generated by economic activities performed by the taxpayer if the economic
1713     activities are classified in a NAICS code of the 2002 or 2007 North American Industry
1714     Classification System of the federal Executive Office of the President, Office of Management
1715     and Budget, except for:
1716          (A) a NAICS code within NAICS Sector 21, Mining;
1717          (B) a NAICS code within NAICS Industry Group 2212, Natural Gas Distribution;
1718          (C) a NAICS code within NAICS Sector 31-33, Manufacturing;
1719          (D) a NAICS code within NAICS Sector 48-49, Transportation and Warehousing;
1720          (E) a NAICS code within NAICS Sector 51, Information, except for NAICS Subsector
1721     519, Other Information Services; or
1722          (F) a NAICS code within NAICS Sector 52, Finance and Insurance; or
1723          (ii) for a taxpayer that is a unitary group, a taxpayer having greater than 50% of the
1724     taxpayer's total sales everywhere generated by economic activities performed by the taxpayer if
1725     the economic activities are classified in a NAICS code of the 2002 or 2007 North American
1726     Industry Classification System of the federal Executive Office of the President, Office of
1727     Management and Budget, except for a NAICS code under Subsections (1)(l)(i)(A) through (F).
1728          (m) "State" means any state of the United States, the District of Columbia, the
1729     Commonwealth of Puerto Rico, any territory or possession of the United States, and any
1730     foreign country or political subdivision thereof.
1731          (n) "Transportation revenue" means revenue an airline earns from:
1732          (i) transporting a passenger or cargo; or

1733          (ii) from miscellaneous sales of merchandise as part of providing transportation
1734     services.
1735          (o) "Utah revenue ton miles" means, for an airline, the total revenue ton miles within
1736     the borders of this state:
1737          (i) during the airline's tax period; and
1738          (ii) from flight stages that originate or terminate in this state.
1739          (2) The following apply to Subsection (1)(l):
1740          (a) (i) Subject to the other provisions of this Subsection (2), a taxpayer shall for each
1741     taxable year determine whether the taxpayer is a sales factor weighted taxpayer.
1742          (ii) A taxpayer shall make the determination required by Subsection (2)(a)(i) before the
1743     due date for filing the taxpayer's return under this chapter for the taxable year, including
1744     extensions.
1745          (iii) For purposes of making the determination required by Subsection (2)(a)(i), total
1746     sales everywhere include only the total sales everywhere:
1747          (A) as determined in accordance with this part; and
1748          (B) made during the taxable year for which a taxpayer makes the determination
1749     required by Subsection (2)(a)(i).
1750          (b) A taxpayer that files a return as a unitary group for a taxable year is considered to
1751     be a unitary group for that taxable year.
1752          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1753     commission may define the term "economic activity" consistent with the use of the term
1754     "activity" in the 2007 North American Industry Classification System of the federal Executive
1755     Office of the President, Office of Management and Budget.
1756          Section 28. Section 59-12-102 is amended to read:
1757          59-12-102. Definitions.
1758          As used in this chapter:
1759          (1) "800 service" means a telecommunications service that:
1760          (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
1761          (b) is typically marketed:
1762          (i) under the name 800 toll-free calling;
1763          (ii) under the name 855 toll-free calling;

1764          (iii) under the name 866 toll-free calling;
1765          (iv) under the name 877 toll-free calling;
1766          (v) under the name 888 toll-free calling; or
1767          (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
1768     Federal Communications Commission.
1769          (2) (a) "900 service" means an inbound toll telecommunications service that:
1770          (i) a subscriber purchases;
1771          (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
1772     the subscriber's:
1773          (A) prerecorded announcement; or
1774          (B) live service; and
1775          (iii) is typically marketed:
1776          (A) under the name 900 service; or
1777          (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
1778     Communications Commission.
1779          (b) "900 service" does not include a charge for:
1780          (i) a collection service a seller of a telecommunications service provides to a
1781     subscriber; or
1782          (ii) the following a subscriber sells to the subscriber's customer:
1783          (A) a product; or
1784          (B) a service.
1785          (3) (a) "Admission or user fees" includes season passes.
1786          (b) "Admission or user fees" does not include annual membership dues to private
1787     organizations.
1788          (4) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
1789     November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
1790     Agreement after November 12, 2002.
1791          (5) "Agreement combined tax rate" means the sum of the tax rates:
1792          (a) listed under Subsection (6); and
1793          (b) that are imposed within a local taxing jurisdiction.
1794          (6) "Agreement sales and use tax" means a tax imposed under:

1795          (a) Subsection 59-12-103(2)(a)(i)(A);
1796          (b) Subsection 59-12-103(2)(b)(i);
1797          (c) Subsection 59-12-103(2)(c)(i);
1798          (d) Subsection 59-12-103(2)(d)(i)(A)(I);
1799          (e) Section 59-12-204;
1800          (f) Section 59-12-401;
1801          (g) Section 59-12-402;
1802          (h) Section 59-12-402.1;
1803          (i) Section 59-12-703;
1804          (j) Section 59-12-802;
1805          (k) Section 59-12-804;
1806          (l) Section 59-12-1102;
1807          (m) Section 59-12-1302;
1808          (n) Section 59-12-1402;
1809          (o) Section 59-12-1802;
1810          (p) Section 59-12-2003;
1811          (q) Section 59-12-2103;
1812          (r) Section 59-12-2213;
1813          (s) Section 59-12-2214;
1814          (t) Section 59-12-2215;
1815          (u) Section 59-12-2216;
1816          (v) Section 59-12-2217; or
1817          (w) Section 59-12-2218.
1818          (7) "Aircraft" [is as] means the same as that term is defined in Section 72-10-102.
1819          (8) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
1820          (a) except for:
1821          (i) an airline as defined in Section 59-2-102; or
1822          (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
1823     includes a corporation that is qualified to do business but is not otherwise doing business in the
1824     state, of an airline; and
1825          (b) that has the workers, expertise, and facilities to perform the following, regardless of

1826     whether the business entity performs the following in this state:
1827          (i) check, diagnose, overhaul, and repair:
1828          (A) an onboard system of a fixed wing turbine powered aircraft; and
1829          (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
1830          (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
1831     engine;
1832          (iii) perform at least the following maintenance on a fixed wing turbine powered
1833     aircraft:
1834          (A) an inspection;
1835          (B) a repair, including a structural repair or modification;
1836          (C) changing landing gear; and
1837          (D) addressing issues related to an aging fixed wing turbine powered aircraft;
1838          (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
1839     completely apply new paint to the fixed wing turbine powered aircraft; and
1840          (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
1841     results in a change in the fixed wing turbine powered aircraft's certification requirements by the
1842     authority that certifies the fixed wing turbine powered aircraft.
1843          (9) "Alcoholic beverage" means a beverage that:
1844          (a) is suitable for human consumption; and
1845          (b) contains .5% or more alcohol by volume.
1846          (10) "Alternative energy" means:
1847          (a) biomass energy;
1848          (b) geothermal energy;
1849          (c) hydroelectric energy;
1850          (d) solar energy;
1851          (e) wind energy; or
1852          (f) energy that is derived from:
1853          (i) coal-to-liquids;
1854          (ii) nuclear fuel;
1855          (iii) oil-impregnated diatomaceous earth;
1856          (iv) oil sands;

1857          (v) oil shale;
1858          (vi) petroleum coke; or
1859          (vii) waste heat from:
1860          (A) an industrial facility; or
1861          (B) a power station in which an electric generator is driven through a process in which
1862     water is heated, turns into steam, and spins a steam turbine.
1863          (11) (a) Subject to Subsection (11)(b), "alternative energy electricity production
1864     facility" means a facility that:
1865          (i) uses alternative energy to produce electricity; and
1866          (ii) has a production capacity of two megawatts or greater.
1867          (b) A facility is an alternative energy electricity production facility regardless of
1868     whether the facility is:
1869          (i) connected to an electric grid; or
1870          (ii) located on the premises of an electricity consumer.
1871          (12) (a) "Ancillary service" means a service associated with, or incidental to, the
1872     provision of telecommunications service.
1873          (b) "Ancillary service" includes:
1874          (i) a conference bridging service;
1875          (ii) a detailed communications billing service;
1876          (iii) directory assistance;
1877          (iv) a vertical service; or
1878          (v) a voice mail service.
1879          (13) "Area agency on aging" [is as] means the same as that term is defined in Section
1880     62A-3-101.
1881          (14) "Assisted amusement device" means an amusement device, skill device, or ride
1882     device that is started and stopped by an individual:
1883          (a) who is not the purchaser or renter of the right to use or operate the amusement
1884     device, skill device, or ride device; and
1885          (b) at the direction of the seller of the right to use the amusement device, skill device,
1886     or ride device.
1887          (15) "Assisted cleaning or washing of tangible personal property" means cleaning or

1888     washing of tangible personal property if the cleaning or washing labor is primarily performed
1889     by an individual:
1890          (a) who is not the purchaser of the cleaning or washing of the tangible personal
1891     property; and
1892          (b) at the direction of the seller of the cleaning or washing of the tangible personal
1893     property.
1894          (16) "Authorized carrier" means:
1895          (a) in the case of vehicles operated over public highways, the holder of credentials
1896     indicating that the vehicle is or will be operated pursuant to both the International Registration
1897     Plan and the International Fuel Tax Agreement;
1898          (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
1899     certificate or air carrier's operating certificate; or
1900          (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
1901     stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
1902     stock in more than one state.
1903          (17) (a) Except as provided in Subsection (17)(b), "biomass energy" means any of the
1904     following that is used as the primary source of energy to produce fuel or electricity:
1905          (i) material from a plant or tree; or
1906          (ii) other organic matter that is available on a renewable basis, including:
1907          (A) slash and brush from forests and woodlands;
1908          (B) animal waste;
1909          (C) waste vegetable oil;
1910          (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
1911     wastewater residuals, or through the conversion of a waste material through a nonincineration,
1912     thermal conversion process;
1913          (E) aquatic plants; and
1914          (F) agricultural products.
1915          (b) "Biomass energy" does not include:
1916          (i) black liquor; or
1917          (ii) treated woods.
1918          (18) (a) "Bundled transaction" means the sale of two or more items of tangible personal

1919     property, products, or services if the tangible personal property, products, or services are:
1920          (i) distinct and identifiable; and
1921          (ii) sold for one nonitemized price.
1922          (b) "Bundled transaction" does not include:
1923          (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
1924     the basis of the selection by the purchaser of the items of tangible personal property included in
1925     the transaction;
1926          (ii) the sale of real property;
1927          (iii) the sale of services to real property;
1928          (iv) the retail sale of tangible personal property and a service if:
1929          (A) the tangible personal property:
1930          (I) is essential to the use of the service; and
1931          (II) is provided exclusively in connection with the service; and
1932          (B) the service is the true object of the transaction;
1933          (v) the retail sale of two services if:
1934          (A) one service is provided that is essential to the use or receipt of a second service;
1935          (B) the first service is provided exclusively in connection with the second service; and
1936          (C) the second service is the true object of the transaction;
1937          (vi) a transaction that includes tangible personal property or a product subject to
1938     taxation under this chapter and tangible personal property or a product that is not subject to
1939     taxation under this chapter if the:
1940          (A) seller's purchase price of the tangible personal property or product subject to
1941     taxation under this chapter is de minimis; or
1942          (B) seller's sales price of the tangible personal property or product subject to taxation
1943     under this chapter is de minimis; and
1944          (vii) the retail sale of tangible personal property that is not subject to taxation under
1945     this chapter and tangible personal property that is subject to taxation under this chapter if:
1946          (A) that retail sale includes:
1947          (I) food and food ingredients;
1948          (II) a drug;
1949          (III) durable medical equipment;

1950          (IV) mobility enhancing equipment;
1951          (V) an over-the-counter drug;
1952          (VI) a prosthetic device; or
1953          (VII) a medical supply; and
1954          (B) subject to Subsection (18)(f):
1955          (I) the seller's purchase price of the tangible personal property subject to taxation under
1956     this chapter is 50% or less of the seller's total purchase price of that retail sale; or
1957          (II) the seller's sales price of the tangible personal property subject to taxation under
1958     this chapter is 50% or less of the seller's total sales price of that retail sale.
1959          (c) (i) For purposes of Subsection (18)(a)(i), tangible personal property, a product, or a
1960     service that is distinct and identifiable does not include:
1961          (A) packaging that:
1962          (I) accompanies the sale of the tangible personal property, product, or service; and
1963          (II) is incidental or immaterial to the sale of the tangible personal property, product, or
1964     service;
1965          (B) tangible personal property, a product, or a service provided free of charge with the
1966     purchase of another item of tangible personal property, a product, or a service; or
1967          (C) an item of tangible personal property, a product, or a service included in the
1968     definition of "purchase price."
1969          (ii) For purposes of Subsection (18)(c)(i)(B), an item of tangible personal property, a
1970     product, or a service is provided free of charge with the purchase of another item of tangible
1971     personal property, a product, or a service if the sales price of the purchased item of tangible
1972     personal property, product, or service does not vary depending on the inclusion of the tangible
1973     personal property, product, or service provided free of charge.
1974          (d) (i) For purposes of Subsection (18)(a)(ii), property sold for one nonitemized price
1975     does not include a price that is separately identified by tangible personal property, product, or
1976     service on the following, regardless of whether the following is in paper format or electronic
1977     format:
1978          (A) a binding sales document; or
1979          (B) another supporting sales-related document that is available to a purchaser.
1980          (ii) For purposes of Subsection (18)(d)(i), a binding sales document or another

1981     supporting sales-related document that is available to a purchaser includes:
1982          (A) a bill of sale;
1983          (B) a contract;
1984          (C) an invoice;
1985          (D) a lease agreement;
1986          (E) a periodic notice of rates and services;
1987          (F) a price list;
1988          (G) a rate card;
1989          (H) a receipt; or
1990          (I) a service agreement.
1991          (e) (i) For purposes of Subsection (18)(b)(vi), the sales price of tangible personal
1992     property or a product subject to taxation under this chapter is de minimis if:
1993          (A) the seller's purchase price of the tangible personal property or product is 10% or
1994     less of the seller's total purchase price of the bundled transaction; or
1995          (B) the seller's sales price of the tangible personal property or product is 10% or less of
1996     the seller's total sales price of the bundled transaction.
1997          (ii) For purposes of Subsection (18)(b)(vi), a seller:
1998          (A) shall use the seller's purchase price or the seller's sales price to determine if the
1999     purchase price or sales price of the tangible personal property or product subject to taxation
2000     under this chapter is de minimis; and
2001          (B) may not use a combination of the seller's purchase price and the seller's sales price
2002     to determine if the purchase price or sales price of the tangible personal property or product
2003     subject to taxation under this chapter is de minimis.
2004          (iii) For purposes of Subsection (18)(b)(vi), a seller shall use the full term of a service
2005     contract to determine if the sales price of tangible personal property or a product is de minimis.
2006          (f) For purposes of Subsection (18)(b)(vii)(B), a seller may not use a combination of
2007     the seller's purchase price and the seller's sales price to determine if tangible personal property
2008     subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
2009     price of that retail sale.
2010          (19) "Certified automated system" means software certified by the governing board of
2011     the agreement that:

2012          (a) calculates the agreement sales and use tax imposed within a local taxing
2013     jurisdiction:
2014          (i) on a transaction; and
2015          (ii) in the states that are members of the agreement;
2016          (b) determines the amount of agreement sales and use tax to remit to a state that is a
2017     member of the agreement; and
2018          (c) maintains a record of the transaction described in Subsection (19)(a)(i).
2019          (20) "Certified service provider" means an agent certified:
2020          (a) by the governing board of the agreement; and
2021          (b) to perform all of a seller's sales and use tax functions for an agreement sales and
2022     use tax other than the seller's obligation under Section 59-12-124 to remit a tax on the seller's
2023     own purchases.
2024          (21) (a) Subject to Subsection (21)(b), "clothing" means all human wearing apparel
2025     suitable for general use.
2026          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2027     commission shall make rules:
2028          (i) listing the items that constitute "clothing"; and
2029          (ii) that are consistent with the list of items that constitute "clothing" under the
2030     agreement.
2031          (22) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
2032          (23) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
2033     fuels that does not constitute industrial use under Subsection (56) or residential use under
2034     Subsection (106).
2035          (24) (a) "Common carrier" means a person engaged in or transacting the business of
2036     transporting passengers, freight, merchandise, or other property for hire within this state.
2037          (b) (i) "Common carrier" does not include a person who, at the time the person is
2038     traveling to or from that person's place of employment, transports a passenger to or from the
2039     passenger's place of employment.
2040          (ii) For purposes of Subsection (24)(b)(i), in accordance with Title 63G, Chapter 3,
2041     Utah Administrative Rulemaking Act, the commission may make rules defining what
2042     constitutes a person's place of employment.

2043          (c) "Common carrier" does not include a person that provides transportation network
2044     services, as defined in Section 13-51-102.
2045          (25) "Component part" includes:
2046          (a) poultry, dairy, and other livestock feed, and their components;
2047          (b) baling ties and twine used in the baling of hay and straw;
2048          (c) fuel used for providing temperature control of orchards and commercial
2049     greenhouses doing a majority of their business in wholesale sales, and for providing power for
2050     off-highway type farm machinery; and
2051          (d) feed, seeds, and seedlings.
2052          (26) "Computer" means an electronic device that accepts information:
2053          (a) (i) in digital form; or
2054          (ii) in a form similar to digital form; and
2055          (b) manipulates that information for a result based on a sequence of instructions.
2056          (27) "Computer software" means a set of coded instructions designed to cause:
2057          (a) a computer to perform a task; or
2058          (b) automatic data processing equipment to perform a task.
2059          (28) "Computer software maintenance contract" means a contract that obligates a seller
2060     of computer software to provide a customer with:
2061          (a) future updates or upgrades to computer software;
2062          (b) support services with respect to computer software; or
2063          (c) a combination of Subsections (28)(a) and (b).
2064          (29) (a) "Conference bridging service" means an ancillary service that links two or
2065     more participants of an audio conference call or video conference call.
2066          (b) "Conference bridging service" may include providing a telephone number as part of
2067     the ancillary service described in Subsection (29)(a).
2068          (c) "Conference bridging service" does not include a telecommunications service used
2069     to reach the ancillary service described in Subsection (29)(a).
2070          (30) "Construction materials" means any tangible personal property that will be
2071     converted into real property.
2072          (31) "Delivered electronically" means delivered to a purchaser by means other than
2073     tangible storage media.

2074          (32) (a) "Delivery charge" means a charge:
2075          (i) by a seller of:
2076          (A) tangible personal property;
2077          (B) a product transferred electronically; or
2078          (C) services; and
2079          (ii) for preparation and delivery of the tangible personal property, product transferred
2080     electronically, or services described in Subsection (32)(a)(i) to a location designated by the
2081     purchaser.
2082          (b) "Delivery charge" includes a charge for the following:
2083          (i) transportation;
2084          (ii) shipping;
2085          (iii) postage;
2086          (iv) handling;
2087          (v) crating; or
2088          (vi) packing.
2089          (33) "Detailed telecommunications billing service" means an ancillary service of
2090     separately stating information pertaining to individual calls on a customer's billing statement.
2091          (34) "Dietary supplement" means a product, other than tobacco, that:
2092          (a) is intended to supplement the diet;
2093          (b) contains one or more of the following dietary ingredients:
2094          (i) a vitamin;
2095          (ii) a mineral;
2096          (iii) an herb or other botanical;
2097          (iv) an amino acid;
2098          (v) a dietary substance for use by humans to supplement the diet by increasing the total
2099     dietary intake; or
2100          (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
2101     described in Subsections (34)(b)(i) through (v);
2102          (c) (i) except as provided in Subsection (34)(c)(ii), is intended for ingestion in:
2103          (A) tablet form;
2104          (B) capsule form;

2105          (C) powder form;
2106          (D) softgel form;
2107          (E) gelcap form; or
2108          (F) liquid form; or
2109          (ii) if the product is not intended for ingestion in a form described in Subsections
2110     (34)(c)(i)(A) through (F), is not represented:
2111          (A) as conventional food; and
2112          (B) for use as a sole item of:
2113          (I) a meal; or
2114          (II) the diet; and
2115          (d) is required to be labeled as a dietary supplement:
2116          (i) identifiable by the "Supplemental Facts" box found on the label; and
2117          (ii) as required by 21 C.F.R. Sec. 101.36.
2118          (35) "Digital audio-visual work" means a series of related images which, when shown
2119     in succession, imparts an impression of motion, together with accompanying sounds, if any.
2120          (36) (a) "Digital audio work" means a work that results from the fixation of a series of
2121     musical, spoken, or other sounds.
2122          (b) "Digital audio work" includes a ringtone.
2123          (37) "Digital book" means a work that is generally recognized in the ordinary and usual
2124     sense as a book.
2125          (38) (a) "Direct mail" means printed material delivered or distributed by United States
2126     mail or other delivery service:
2127          (i) to:
2128          (A) a mass audience; or
2129          (B) addressees on a mailing list provided:
2130          (I) by a purchaser of the mailing list; or
2131          (II) at the discretion of the purchaser of the mailing list; and
2132          (ii) if the cost of the printed material is not billed directly to the recipients.
2133          (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
2134     purchaser to a seller of direct mail for inclusion in a package containing the printed material.
2135          (c) "Direct mail" does not include multiple items of printed material delivered to a

2136     single address.
2137          (39) "Directory assistance" means an ancillary service of providing:
2138          (a) address information; or
2139          (b) telephone number information.
2140          (40) (a) "Disposable home medical equipment or supplies" means medical equipment
2141     or supplies that:
2142          (i) cannot withstand repeated use; and
2143          (ii) are purchased by, for, or on behalf of a person other than:
2144          (A) a health care facility as defined in Section 26-21-2;
2145          (B) a health care provider as defined in Section 78B-3-403;
2146          (C) an office of a health care provider described in Subsection (40)(a)(ii)(B); or
2147          (D) a person similar to a person described in Subsections (40)(a)(ii)(A) through (C).
2148          (b) "Disposable home medical equipment or supplies" does not include:
2149          (i) a drug;
2150          (ii) durable medical equipment;
2151          (iii) a hearing aid;
2152          (iv) a hearing aid accessory;
2153          (v) mobility enhancing equipment; or
2154          (vi) tangible personal property used to correct impaired vision, including:
2155          (A) eyeglasses; or
2156          (B) contact lenses.
2157          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2158     commission may by rule define what constitutes medical equipment or supplies.
2159          (41) "Drilling equipment manufacturer" means a facility:
2160          (a) located in the state;
2161          (b) with respect to which 51% or more of the manufacturing activities of the facility
2162     consist of manufacturing component parts of drilling equipment;
2163          (c) that uses pressure of 800,000 or more pounds per square inch as part of the
2164     manufacturing process; and
2165          (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
2166     manufacturing process.

2167          (42) (a) "Drug" means a compound, substance, or preparation, or a component of a
2168     compound, substance, or preparation that is:
2169          (i) recognized in:
2170          (A) the official United States Pharmacopoeia;
2171          (B) the official Homeopathic Pharmacopoeia of the United States;
2172          (C) the official National Formulary; or
2173          (D) a supplement to a publication listed in Subsections (42)(a)(i)(A) through (C);
2174          (ii) intended for use in the:
2175          (A) diagnosis of disease;
2176          (B) cure of disease;
2177          (C) mitigation of disease;
2178          (D) treatment of disease; or
2179          (E) prevention of disease; or
2180          (iii) intended to affect:
2181          (A) the structure of the body; or
2182          (B) any function of the body.
2183          (b) "Drug" does not include:
2184          (i) food and food ingredients;
2185          (ii) a dietary supplement;
2186          (iii) an alcoholic beverage; or
2187          (iv) a prosthetic device.
2188          (43) (a) Except as provided in Subsection (43)(c), "durable medical equipment" means
2189     equipment that:
2190          (i) can withstand repeated use;
2191          (ii) is primarily and customarily used to serve a medical purpose;
2192          (iii) generally is not useful to a person in the absence of illness or injury; and
2193          (iv) is not worn in or on the body.
2194          (b) "Durable medical equipment" includes parts used in the repair or replacement of the
2195     equipment described in Subsection (43)(a).
2196          (c) "Durable medical equipment" does not include mobility enhancing equipment.
2197          (44) "Electronic" means:

2198          (a) relating to technology; and
2199          (b) having:
2200          (i) electrical capabilities;
2201          (ii) digital capabilities;
2202          (iii) magnetic capabilities;
2203          (iv) wireless capabilities;
2204          (v) optical capabilities;
2205          (vi) electromagnetic capabilities; or
2206          (vii) capabilities similar to Subsections (44)(b)(i) through (vi).
2207          (45) "Electronic financial payment service" means an establishment:
2208          (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
2209     Clearinghouse Activities, of the 2012 North American Industry Classification System of the
2210     federal Executive Office of the President, Office of Management and Budget; and
2211          (b) that performs electronic financial payment services.
2212          (46) "Employee" [is as] means the same as that term is defined in Section 59-10-401.
2213          (47) "Fixed guideway" means a public transit facility that uses and occupies:
2214          (a) rail for the use of public transit; or
2215          (b) a separate right-of-way for the use of public transit.
2216          (48) "Fixed wing turbine powered aircraft" means an aircraft that:
2217          (a) is powered by turbine engines;
2218          (b) operates on jet fuel; and
2219          (c) has wings that are permanently attached to the fuselage of the aircraft.
2220          (49) "Fixed wireless service" means a telecommunications service that provides radio
2221     communication between fixed points.
2222          (50) (a) "Food and food ingredients" means substances:
2223          (i) regardless of whether the substances are in:
2224          (A) liquid form;
2225          (B) concentrated form;
2226          (C) solid form;
2227          (D) frozen form;
2228          (E) dried form; or

2229          (F) dehydrated form; and
2230          (ii) that are:
2231          (A) sold for:
2232          (I) ingestion by humans; or
2233          (II) chewing by humans; and
2234          (B) consumed for the substance's:
2235          (I) taste; or
2236          (II) nutritional value.
2237          (b) "Food and food ingredients" includes an item described in Subsection (91)(b)(iii).
2238          (c) "Food and food ingredients" does not include:
2239          (i) an alcoholic beverage;
2240          (ii) tobacco; or
2241          (iii) prepared food.
2242          (51) (a) "Fundraising sales" means sales:
2243          (i) (A) made by a school; or
2244          (B) made by a school student;
2245          (ii) that are for the purpose of raising funds for the school to purchase equipment,
2246     materials, or provide transportation; and
2247          (iii) that are part of an officially sanctioned school activity.
2248          (b) For purposes of Subsection (51)(a)(iii), "officially sanctioned school activity"
2249     means a school activity:
2250          (i) that is conducted in accordance with a formal policy adopted by the school or school
2251     district governing the authorization and supervision of fundraising activities;
2252          (ii) that does not directly or indirectly compensate an individual teacher or other
2253     educational personnel by direct payment, commissions, or payment in kind; and
2254          (iii) the net or gross revenues from which are deposited in a dedicated account
2255     controlled by the school or school district.
2256          (52) "Geothermal energy" means energy contained in heat that continuously flows
2257     outward from the earth that is used as the sole source of energy to produce electricity.
2258          (53) "Governing board of the agreement" means the governing board of the agreement
2259     that is:

2260          (a) authorized to administer the agreement; and
2261          (b) established in accordance with the agreement.
2262          (54) (a) For purposes of Subsection 59-12-104(41), "governmental entity" means:
2263          (i) the executive branch of the state, including all departments, institutions, boards,
2264     divisions, bureaus, offices, commissions, and committees;
2265          (ii) the judicial branch of the state, including the courts, the Judicial Council, the
2266     Office of the Court Administrator, and similar administrative units in the judicial branch;
2267          (iii) the legislative branch of the state, including the House of Representatives, the
2268     Senate, the Legislative Printing Office, the Office of Legislative Research and General
2269     Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
2270     Analyst;
2271          (iv) the National Guard;
2272          (v) an independent entity as defined in Section 63E-1-102; or
2273          (vi) a political subdivision as defined in Section 17B-1-102.
2274          (b) "Governmental entity" does not include the state systems of public and higher
2275     education, including:
2276          (i) an applied technology college within the Utah College of Applied Technology;
2277          (ii) a school;
2278          (iii) the State Board of Education;
2279          (iv) the State Board of Regents; or
2280          (v) an institution of higher education.
2281          (55) "Hydroelectric energy" means water used as the sole source of energy to produce
2282     electricity.
2283          (56) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
2284     other fuels:
2285          (a) in mining or extraction of minerals;
2286          (b) in agricultural operations to produce an agricultural product up to the time of
2287     harvest or placing the agricultural product into a storage facility, including:
2288          (i) commercial greenhouses;
2289          (ii) irrigation pumps;
2290          (iii) farm machinery;

2291          (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
2292     under Title 41, Chapter 1a, Part 2, Registration; and
2293          (v) other farming activities;
2294          (c) in manufacturing tangible personal property at an establishment described in SIC
2295     Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal
2296     Executive Office of the President, Office of Management and Budget;
2297          (d) by a scrap recycler if:
2298          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
2299     one or more of the following items into prepared grades of processed materials for use in new
2300     products:
2301          (A) iron;
2302          (B) steel;
2303          (C) nonferrous metal;
2304          (D) paper;
2305          (E) glass;
2306          (F) plastic;
2307          (G) textile; or
2308          (H) rubber; and
2309          (ii) the new products under Subsection (56)(d)(i) would otherwise be made with
2310     nonrecycled materials; or
2311          (e) in producing a form of energy or steam described in Subsection 54-2-1[(2)](3)(a) by
2312     a cogeneration facility as defined in Section 54-2-1.
2313          (57) (a) Except as provided in Subsection (57)(b), "installation charge" means a charge
2314     for installing:
2315          (i) tangible personal property; or
2316          (ii) a product transferred electronically.
2317          (b) "Installation charge" does not include a charge for:
2318          (i) repairs or renovations of:
2319          (A) tangible personal property; or
2320          (B) a product transferred electronically; or
2321          (ii) attaching tangible personal property or a product transferred electronically:

2322          (A) to other tangible personal property; and
2323          (B) as part of a manufacturing or fabrication process.
2324          (58) "Institution of higher education" means an institution of higher education listed in
2325     Section 53B-2-101.
2326          (59) (a) "Lease" or "rental" means a transfer of possession or control of tangible
2327     personal property or a product transferred electronically for:
2328          (i) (A) a fixed term; or
2329          (B) an indeterminate term; and
2330          (ii) consideration.
2331          (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
2332     amount of consideration may be increased or decreased by reference to the amount realized
2333     upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
2334     Code.
2335          (c) "Lease" or "rental" does not include:
2336          (i) a transfer of possession or control of property under a security agreement or
2337     deferred payment plan that requires the transfer of title upon completion of the required
2338     payments;
2339          (ii) a transfer of possession or control of property under an agreement that requires the
2340     transfer of title:
2341          (A) upon completion of required payments; and
2342          (B) if the payment of an option price does not exceed the greater of:
2343          (I) $100; or
2344          (II) 1% of the total required payments; or
2345          (iii) providing tangible personal property along with an operator for a fixed period of
2346     time or an indeterminate period of time if the operator is necessary for equipment to perform as
2347     designed.
2348          (d) For purposes of Subsection (59)(c)(iii), an operator is necessary for equipment to
2349     perform as designed if the operator's duties exceed the:
2350          (i) set-up of tangible personal property;
2351          (ii) maintenance of tangible personal property; or
2352          (iii) inspection of tangible personal property.

2353          (60) "Life science establishment" means an establishment in this state that is classified
2354     under the following NAICS codes of the 2007 North American Industry Classification System
2355     of the federal Executive Office of the President, Office of Management and Budget:
2356          (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
2357          (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
2358     Manufacturing; or
2359          (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
2360          (61) "Life science research and development facility" means a facility owned, leased,
2361     or rented by a life science establishment if research and development is performed in 51% or
2362     more of the total area of the facility.
2363          (62) "Load and leave" means delivery to a purchaser by use of a tangible storage media
2364     if the tangible storage media is not physically transferred to the purchaser.
2365          (63) "Local taxing jurisdiction" means a:
2366          (a) county that is authorized to impose an agreement sales and use tax;
2367          (b) city that is authorized to impose an agreement sales and use tax; or
2368          (c) town that is authorized to impose an agreement sales and use tax.
2369          (64) "Manufactured home" [is as] means the same as that term is defined in Section
2370     15A-1-302.
2371          (65) "Manufacturing facility" means:
2372          (a) an establishment described in SIC Codes 2000 to 3999 of the 1987 Standard
2373     Industrial Classification Manual of the federal Executive Office of the President, Office of
2374     Management and Budget;
2375          (b) a scrap recycler if:
2376          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
2377     one or more of the following items into prepared grades of processed materials for use in new
2378     products:
2379          (A) iron;
2380          (B) steel;
2381          (C) nonferrous metal;
2382          (D) paper;
2383          (E) glass;

2384          (F) plastic;
2385          (G) textile; or
2386          (H) rubber; and
2387          (ii) the new products under Subsection (65)(b)(i) would otherwise be made with
2388     nonrecycled materials; or
2389          (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
2390     placed in service on or after May 1, 2006.
2391          (66) "Member of the immediate family of the producer" means a person who is related
2392     to a producer described in Subsection 59-12-104(20)(a) as a:
2393          (a) child or stepchild, regardless of whether the child or stepchild is:
2394          (i) an adopted child or adopted stepchild; or
2395          (ii) a foster child or foster stepchild;
2396          (b) grandchild or stepgrandchild;
2397          (c) grandparent or stepgrandparent;
2398          (d) nephew or stepnephew;
2399          (e) niece or stepniece;
2400          (f) parent or stepparent;
2401          (g) sibling or stepsibling;
2402          (h) spouse;
2403          (i) person who is the spouse of a person described in Subsections (66)(a) through (g);
2404     or
2405          (j) person similar to a person described in Subsections (66)(a) through (i) as
2406     determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
2407     Administrative Rulemaking Act.
2408          (67) "Mobile home" [is as] means the same as that term is defined in Section
2409     15A-1-302.
2410          (68) "Mobile telecommunications service" is as defined in the Mobile
2411     Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
2412          (69) (a) "Mobile wireless service" means a telecommunications service, regardless of
2413     the technology used, if:
2414          (i) the origination point of the conveyance, routing, or transmission is not fixed;

2415          (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
2416          (iii) the origination point described in Subsection (69)(a)(i) and the termination point
2417     described in Subsection (69)(a)(ii) are not fixed.
2418          (b) "Mobile wireless service" includes a telecommunications service that is provided
2419     by a commercial mobile radio service provider.
2420          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2421     commission may by rule define "commercial mobile radio service provider."
2422          (70) (a) Except as provided in Subsection (70)(c), "mobility enhancing equipment"
2423     means equipment that is:
2424          (i) primarily and customarily used to provide or increase the ability to move from one
2425     place to another;
2426          (ii) appropriate for use in a:
2427          (A) home; or
2428          (B) motor vehicle; and
2429          (iii) not generally used by persons with normal mobility.
2430          (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
2431     the equipment described in Subsection (70)(a).
2432          (c) "Mobility enhancing equipment" does not include:
2433          (i) a motor vehicle;
2434          (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
2435     vehicle manufacturer;
2436          (iii) durable medical equipment; or
2437          (iv) a prosthetic device.
2438          (71) "Model 1 seller" means a seller registered under the agreement that has selected a
2439     certified service provider as the seller's agent to perform all of the seller's sales and use tax
2440     functions for agreement sales and use taxes other than the seller's obligation under Section
2441     59-12-124 to remit a tax on the seller's own purchases.
2442          (72) "Model 2 seller" means a seller registered under the agreement that:
2443          (a) except as provided in Subsection (72)(b), has selected a certified automated system
2444     to perform the seller's sales tax functions for agreement sales and use taxes; and
2445          (b) retains responsibility for remitting all of the sales tax:

2446          (i) collected by the seller; and
2447          (ii) to the appropriate local taxing jurisdiction.
2448          (73) (a) Subject to Subsection (73)(b), "model 3 seller" means a seller registered under
2449     the agreement that has:
2450          (i) sales in at least five states that are members of the agreement;
2451          (ii) total annual sales revenues of at least $500,000,000;
2452          (iii) a proprietary system that calculates the amount of tax:
2453          (A) for an agreement sales and use tax; and
2454          (B) due to each local taxing jurisdiction; and
2455          (iv) entered into a performance agreement with the governing board of the agreement.
2456          (b) For purposes of Subsection (73)(a), "model 3 seller" includes an affiliated group of
2457     sellers using the same proprietary system.
2458          (74) "Model 4 seller" means a seller that is registered under the agreement and is not a
2459     model 1 seller, model 2 seller, or model 3 seller.
2460          (75) "Modular home" means a modular unit as defined in Section 15A-1-302.
2461          (76) "Motor vehicle" [is as] means the same as that term is defined in Section
2462     41-1a-102.
2463          (77) "Oil sands" means impregnated bituminous sands that:
2464          (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
2465     other hydrocarbons, or otherwise treated;
2466          (b) yield mixtures of liquid hydrocarbon; and
2467          (c) require further processing other than mechanical blending before becoming finished
2468     petroleum products.
2469          (78) "Oil shale" means a group of fine black to dark brown shales containing kerogen
2470     material that yields petroleum upon heating and distillation.
2471          (79) "Optional computer software maintenance contract" means a computer software
2472     maintenance contract that a customer is not obligated to purchase as a condition to the retail
2473     sale of computer software.
2474          (80) (a) "Other fuels" means products that burn independently to produce heat or
2475     energy.
2476          (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible

2477     personal property.
2478          (81) (a) "Paging service" means a telecommunications service that provides
2479     transmission of a coded radio signal for the purpose of activating a specific pager.
2480          (b) For purposes of Subsection (81)(a), the transmission of a coded radio signal
2481     includes a transmission by message or sound.
2482          (82) "Pawnbroker" [is as] means the same as that term is defined in Section
2483     13-32a-102.
2484          (83) "Pawn transaction" [is as] means the same as that term is defined in Section
2485     13-32a-102.
2486          (84) (a) "Permanently attached to real property" means that for tangible personal
2487     property attached to real property:
2488          (i) the attachment of the tangible personal property to the real property:
2489          (A) is essential to the use of the tangible personal property; and
2490          (B) suggests that the tangible personal property will remain attached to the real
2491     property in the same place over the useful life of the tangible personal property; or
2492          (ii) if the tangible personal property is detached from the real property, the detachment
2493     would:
2494          (A) cause substantial damage to the tangible personal property; or
2495          (B) require substantial alteration or repair of the real property to which the tangible
2496     personal property is attached.
2497          (b) "Permanently attached to real property" includes:
2498          (i) the attachment of an accessory to the tangible personal property if the accessory is:
2499          (A) essential to the operation of the tangible personal property; and
2500          (B) attached only to facilitate the operation of the tangible personal property;
2501          (ii) a temporary detachment of tangible personal property from real property for a
2502     repair or renovation if the repair or renovation is performed where the tangible personal
2503     property and real property are located; or
2504          (iii) property attached to oil, gas, or water pipelines, except for the property listed in
2505     Subsection (84)(c)(iii) or (iv).
2506          (c) "Permanently attached to real property" does not include:
2507          (i) the attachment of portable or movable tangible personal property to real property if

2508     that portable or movable tangible personal property is attached to real property only for:
2509          (A) convenience;
2510          (B) stability; or
2511          (C) for an obvious temporary purpose;
2512          (ii) the detachment of tangible personal property from real property except for the
2513     detachment described in Subsection (84)(b)(ii);
2514          (iii) an attachment of the following tangible personal property to real property if the
2515     attachment to real property is only through a line that supplies water, electricity, gas,
2516     telecommunications, cable, or supplies a similar item as determined by the commission by rule
2517     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
2518          (A) a computer;
2519          (B) a telephone;
2520          (C) a television; or
2521          (D) tangible personal property similar to Subsections (84)(c)(iii)(A) through (C) as
2522     determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
2523     Administrative Rulemaking Act; or
2524          (iv) an item listed in Subsection (125)(c).
2525          (85) "Person" includes any individual, firm, partnership, joint venture, association,
2526     corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
2527     municipality, district, or other local governmental entity of the state, or any group or
2528     combination acting as a unit.
2529          (86) "Place of primary use":
2530          (a) for telecommunications service other than mobile telecommunications service,
2531     means the street address representative of where the customer's use of the telecommunications
2532     service primarily occurs, which shall be:
2533          (i) the residential street address of the customer; or
2534          (ii) the primary business street address of the customer; or
2535          (b) for mobile telecommunications service, is as defined in the Mobile
2536     Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
2537          (87) (a) "Postpaid calling service" means a telecommunications service a person
2538     obtains by making a payment on a call-by-call basis:

2539          (i) through the use of a:
2540          (A) bank card;
2541          (B) credit card;
2542          (C) debit card; or
2543          (D) travel card; or
2544          (ii) by a charge made to a telephone number that is not associated with the origination
2545     or termination of the telecommunications service.
2546          (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
2547     service, that would be a prepaid wireless calling service if the service were exclusively a
2548     telecommunications service.
2549          (88) "Postproduction" means an activity related to the finishing or duplication of a
2550     medium described in Subsection 59-12-104(54)(a).
2551          (89) "Prepaid calling service" means a telecommunications service:
2552          (a) that allows a purchaser access to telecommunications service that is exclusively
2553     telecommunications service;
2554          (b) that:
2555          (i) is paid for in advance; and
2556          (ii) enables the origination of a call using an:
2557          (A) access number; or
2558          (B) authorization code;
2559          (c) that is dialed:
2560          (i) manually; or
2561          (ii) electronically; and
2562          (d) sold in predetermined units or dollars that decline:
2563          (i) by a known amount; and
2564          (ii) with use.
2565          (90) "Prepaid wireless calling service" means a telecommunications service:
2566          (a) that provides the right to utilize:
2567          (i) mobile wireless service; and
2568          (ii) other service that is not a telecommunications service, including:
2569          (A) the download of a product transferred electronically;

2570          (B) a content service; or
2571          (C) an ancillary service;
2572          (b) that:
2573          (i) is paid for in advance; and
2574          (ii) enables the origination of a call using an:
2575          (A) access number; or
2576          (B) authorization code;
2577          (c) that is dialed:
2578          (i) manually; or
2579          (ii) electronically; and
2580          (d) sold in predetermined units or dollars that decline:
2581          (i) by a known amount; and
2582          (ii) with use.
2583          (91) (a) "Prepared food" means:
2584          (i) food:
2585          (A) sold in a heated state; or
2586          (B) heated by a seller;
2587          (ii) two or more food ingredients mixed or combined by the seller for sale as a single
2588     item; or
2589          (iii) except as provided in Subsection (91)(c), food sold with an eating utensil provided
2590     by the seller, including a:
2591          (A) plate;
2592          (B) knife;
2593          (C) fork;
2594          (D) spoon;
2595          (E) glass;
2596          (F) cup;
2597          (G) napkin; or
2598          (H) straw.
2599          (b) "Prepared food" does not include:
2600          (i) food that a seller only:

2601          (A) cuts;
2602          (B) repackages; or
2603          (C) pasteurizes; or
2604          (ii) (A) the following:
2605          (I) raw egg;
2606          (II) raw fish;
2607          (III) raw meat;
2608          (IV) raw poultry; or
2609          (V) a food containing an item described in Subsections (91)(b)(ii)(A)(I) through (IV);
2610     and
2611          (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
2612     Food and Drug Administration's Food Code that a consumer cook the items described in
2613     Subsection (91)(b)(ii)(A) to prevent food borne illness; or
2614          (iii) the following if sold without eating utensils provided by the seller:
2615          (A) food and food ingredients sold by a seller if the seller's proper primary
2616     classification under the 2002 North American Industry Classification System of the federal
2617     Executive Office of the President, Office of Management and Budget, is manufacturing in
2618     Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
2619     Manufacturing;
2620          (B) food and food ingredients sold in an unheated state:
2621          (I) by weight or volume; and
2622          (II) as a single item; or
2623          (C) a bakery item, including:
2624          (I) a bagel;
2625          (II) a bar;
2626          (III) a biscuit;
2627          (IV) bread;
2628          (V) a bun;
2629          (VI) a cake;
2630          (VII) a cookie;
2631          (VIII) a croissant;

2632          (IX) a danish;
2633          (X) a donut;
2634          (XI) a muffin;
2635          (XII) a pastry;
2636          (XIII) a pie;
2637          (XIV) a roll;
2638          (XV) a tart;
2639          (XVI) a torte; or
2640          (XVII) a tortilla.
2641          (c) An eating utensil provided by the seller does not include the following used to
2642     transport the food:
2643          (i) a container; or
2644          (ii) packaging.
2645          (92) "Prescription" means an order, formula, or recipe that is issued:
2646          (a) (i) orally;
2647          (ii) in writing;
2648          (iii) electronically; or
2649          (iv) by any other manner of transmission; and
2650          (b) by a licensed practitioner authorized by the laws of a state.
2651          (93) (a) Except as provided in Subsection (93)(b)(ii) or (iii), "prewritten computer
2652     software" means computer software that is not designed and developed:
2653          (i) by the author or other creator of the computer software; and
2654          (ii) to the specifications of a specific purchaser.
2655          (b) "Prewritten computer software" includes:
2656          (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
2657     software is not designed and developed:
2658          (A) by the author or other creator of the computer software; and
2659          (B) to the specifications of a specific purchaser;
2660          (ii) computer software designed and developed by the author or other creator of the
2661     computer software to the specifications of a specific purchaser if the computer software is sold
2662     to a person other than the purchaser; or

2663          (iii) except as provided in Subsection (93)(c), prewritten computer software or a
2664     prewritten portion of prewritten computer software:
2665          (A) that is modified or enhanced to any degree; and
2666          (B) if the modification or enhancement described in Subsection (93)(b)(iii)(A) is
2667     designed and developed to the specifications of a specific purchaser.
2668          (c) "Prewritten computer software" does not include a modification or enhancement
2669     described in Subsection (93)(b)(iii) if the charges for the modification or enhancement are:
2670          (i) reasonable; and
2671          (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
2672     invoice or other statement of price provided to the purchaser at the time of sale or later, as
2673     demonstrated by:
2674          (A) the books and records the seller keeps at the time of the transaction in the regular
2675     course of business, including books and records the seller keeps at the time of the transaction in
2676     the regular course of business for nontax purposes;
2677          (B) a preponderance of the facts and circumstances at the time of the transaction; and
2678          (C) the understanding of all of the parties to the transaction.
2679          (94) (a) "Private communications service" means a telecommunications service:
2680          (i) that entitles a customer to exclusive or priority use of one or more communications
2681     channels between or among termination points; and
2682          (ii) regardless of the manner in which the one or more communications channels are
2683     connected.
2684          (b) "Private communications service" includes the following provided in connection
2685     with the use of one or more communications channels:
2686          (i) an extension line;
2687          (ii) a station;
2688          (iii) switching capacity; or
2689          (iv) another associated service that is provided in connection with the use of one or
2690     more communications channels as defined in Section 59-12-215.
2691          (95) (a) Except as provided in Subsection (95)(b), "product transferred electronically"
2692     means a product transferred electronically that would be subject to a tax under this chapter if
2693     that product was transferred in a manner other than electronically.

2694          (b) "Product transferred electronically" does not include:
2695          (i) an ancillary service;
2696          (ii) computer software; or
2697          (iii) a telecommunications service.
2698          (96) (a) "Prosthetic device" means a device that is worn on or in the body to:
2699          (i) artificially replace a missing portion of the body;
2700          (ii) prevent or correct a physical deformity or physical malfunction; or
2701          (iii) support a weak or deformed portion of the body.
2702          (b) "Prosthetic device" includes:
2703          (i) parts used in the repairs or renovation of a prosthetic device;
2704          (ii) replacement parts for a prosthetic device;
2705          (iii) a dental prosthesis; or
2706          (iv) a hearing aid.
2707          (c) "Prosthetic device" does not include:
2708          (i) corrective eyeglasses; or
2709          (ii) contact lenses.
2710          (97) (a) "Protective equipment" means an item:
2711          (i) for human wear; and
2712          (ii) that is:
2713          (A) designed as protection:
2714          (I) to the wearer against injury or disease; or
2715          (II) against damage or injury of other persons or property; and
2716          (B) not suitable for general use.
2717          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2718     commission shall make rules:
2719          (i) listing the items that constitute "protective equipment"; and
2720          (ii) that are consistent with the list of items that constitute "protective equipment"
2721     under the agreement.
2722          (98) (a) For purposes of Subsection 59-12-104(41), "publication" means any written or
2723     printed matter, other than a photocopy:
2724          (i) regardless of:

2725          (A) characteristics;
2726          (B) copyright;
2727          (C) form;
2728          (D) format;
2729          (E) method of reproduction; or
2730          (F) source; and
2731          (ii) made available in printed or electronic format.
2732          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2733     commission may by rule define the term "photocopy."
2734          (99) (a) "Purchase price" and "sales price" mean the total amount of consideration:
2735          (i) valued in money; and
2736          (ii) for which tangible personal property, a product transferred electronically, or
2737     services are:
2738          (A) sold;
2739          (B) leased; or
2740          (C) rented.
2741          (b) "Purchase price" and "sales price" include:
2742          (i) the seller's cost of the tangible personal property, a product transferred
2743     electronically, or services sold;
2744          (ii) expenses of the seller, including:
2745          (A) the cost of materials used;
2746          (B) a labor cost;
2747          (C) a service cost;
2748          (D) interest;
2749          (E) a loss;
2750          (F) the cost of transportation to the seller; or
2751          (G) a tax imposed on the seller;
2752          (iii) a charge by the seller for any service necessary to complete the sale; or
2753          (iv) consideration a seller receives from a person other than the purchaser if:
2754          (A) (I) the seller actually receives consideration from a person other than the purchaser;
2755     and

2756          (II) the consideration described in Subsection (99)(b)(iv)(A)(I) is directly related to a
2757     price reduction or discount on the sale;
2758          (B) the seller has an obligation to pass the price reduction or discount through to the
2759     purchaser;
2760          (C) the amount of the consideration attributable to the sale is fixed and determinable by
2761     the seller at the time of the sale to the purchaser; and
2762          (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
2763     seller to claim a price reduction or discount; and
2764          (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
2765     coupon, or other documentation with the understanding that the person other than the seller
2766     will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
2767          (II) the purchaser identifies that purchaser to the seller as a member of a group or
2768     organization allowed a price reduction or discount, except that a preferred customer card that is
2769     available to any patron of a seller does not constitute membership in a group or organization
2770     allowed a price reduction or discount; or
2771          (III) the price reduction or discount is identified as a third party price reduction or
2772     discount on the:
2773          (Aa) invoice the purchaser receives; or
2774          (Bb) certificate, coupon, or other documentation the purchaser presents.
2775          (c) "Purchase price" and "sales price" do not include:
2776          (i) a discount:
2777          (A) in a form including:
2778          (I) cash;
2779          (II) term; or
2780          (III) coupon;
2781          (B) that is allowed by a seller;
2782          (C) taken by a purchaser on a sale; and
2783          (D) that is not reimbursed by a third party; or
2784          (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
2785     stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
2786     sale or later, as demonstrated by the books and records the seller keeps at the time of the

2787     transaction in the regular course of business, including books and records the seller keeps at the
2788     time of the transaction in the regular course of business for nontax purposes, by a
2789     preponderance of the facts and circumstances at the time of the transaction, and by the
2790     understanding of all of the parties to the transaction:
2791          (A) the following from credit extended on the sale of tangible personal property or
2792     services:
2793          (I) a carrying charge;
2794          (II) a financing charge; or
2795          (III) an interest charge;
2796          (B) a delivery charge;
2797          (C) an installation charge;
2798          (D) a manufacturer rebate on a motor vehicle; or
2799          (E) a tax or fee legally imposed directly on the consumer.
2800          (100) "Purchaser" means a person to whom:
2801          (a) a sale of tangible personal property is made;
2802          (b) a product is transferred electronically; or
2803          (c) a service is furnished.
2804          (101) "Qualifying enterprise data center" means an establishment that will:
2805          (a) own and operate a data center facility that will house a group of networked server
2806     computers in one physical location in order to centralize the dissemination, management, and
2807     storage of data and information;
2808          (b) be located in the state;
2809          (c) be a new operation constructed on or after July 1, 2016;
2810          (d) consist of one or more buildings that total 150,000 or more square feet;
2811          (e) be owned or leased by:
2812          (i) the establishment; or
2813          (ii) a person under common ownership, as defined in Section 59-7-101, of the
2814     establishment; and
2815          (f) be located on one or more parcels of land that are owned or leased by:
2816          (i) the establishment; or
2817          (ii) a person under common ownership, as defined in Section 59-7-101, of the

2818     establishment.
2819          (102) "Regularly rented" means:
2820          (a) rented to a guest for value three or more times during a calendar year; or
2821          (b) advertised or held out to the public as a place that is regularly rented to guests for
2822     value.
2823          (103) "Rental" [is as] means the same as that term is defined in Subsection (59).
2824          (104) (a) Except as provided in Subsection (104)(b), "repairs or renovations of tangible
2825     personal property" means:
2826          (i) a repair or renovation of tangible personal property that is not permanently attached
2827     to real property; or
2828          (ii) attaching tangible personal property or a product transferred electronically to other
2829     tangible personal property or detaching tangible personal property or a product transferred
2830     electronically from other tangible personal property if:
2831          (A) the other tangible personal property to which the tangible personal property or
2832     product transferred electronically is attached or from which the tangible personal property or
2833     product transferred electronically is detached is not permanently attached to real property; and
2834          (B) the attachment of tangible personal property or a product transferred electronically
2835     to other tangible personal property or detachment of tangible personal property or a product
2836     transferred electronically from other tangible personal property is made in conjunction with a
2837     repair or replacement of tangible personal property or a product transferred electronically.
2838          (b) "Repairs or renovations of tangible personal property" does not include:
2839          (i) attaching prewritten computer software to other tangible personal property if the
2840     other tangible personal property to which the prewritten computer software is attached is not
2841     permanently attached to real property; or
2842          (ii) detaching prewritten computer software from other tangible personal property if the
2843     other tangible personal property from which the prewritten computer software is detached is
2844     not permanently attached to real property.
2845          (105) "Research and development" means the process of inquiry or experimentation
2846     aimed at the discovery of facts, devices, technologies, or applications and the process of
2847     preparing those devices, technologies, or applications for marketing.
2848          (106) (a) "Residential telecommunications services" means a telecommunications

2849     service or an ancillary service that is provided to an individual for personal use:
2850          (i) at a residential address; or
2851          (ii) at an institution, including a nursing home or a school, if the telecommunications
2852     service or ancillary service is provided to and paid for by the individual residing at the
2853     institution rather than the institution.
2854          (b) For purposes of Subsection (106)(a)(i), a residential address includes an:
2855          (i) apartment; or
2856          (ii) other individual dwelling unit.
2857          (107) "Residential use" means the use in or around a home, apartment building,
2858     sleeping quarters, and similar facilities or accommodations.
2859          [(109)] (108) (a) "Retailer" means any person engaged in a regularly organized
2860     business in tangible personal property or any other taxable transaction under Subsection
2861     59-12-103(1), and who is selling to the user or consumer and not for resale.
2862          (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
2863     engaged in the business of selling to users or consumers within the state.
2864          [(108)] (109) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose
2865     other than:
2866          (a) resale;
2867          (b) sublease; or
2868          (c) subrent.
2869          (110) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
2870     otherwise, in any manner, of tangible personal property or any other taxable transaction under
2871     Subsection 59-12-103(1), for consideration.
2872          (b) "Sale" includes:
2873          (i) installment and credit sales;
2874          (ii) any closed transaction constituting a sale;
2875          (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
2876     chapter;
2877          (iv) any transaction if the possession of property is transferred but the seller retains the
2878     title as security for the payment of the price; and
2879          (v) any transaction under which right to possession, operation, or use of any article of

2880     tangible personal property is granted under a lease or contract and the transfer of possession
2881     would be taxable if an outright sale were made.
2882          (111) "Sale at retail" [is as] means the same as that term is defined in Subsection
2883     [(108)] (109).
2884          (112) "Sale-leaseback transaction" means a transaction by which title to tangible
2885     personal property or a product transferred electronically that is subject to a tax under this
2886     chapter is transferred:
2887          (a) by a purchaser-lessee;
2888          (b) to a lessor;
2889          (c) for consideration; and
2890          (d) if:
2891          (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
2892     of the tangible personal property or product transferred electronically;
2893          (ii) the sale of the tangible personal property or product transferred electronically to the
2894     lessor is intended as a form of financing:
2895          (A) for the tangible personal property or product transferred electronically; and
2896          (B) to the purchaser-lessee; and
2897          (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
2898     is required to:
2899          (A) capitalize the tangible personal property or product transferred electronically for
2900     financial reporting purposes; and
2901          (B) account for the lease payments as payments made under a financing arrangement.
2902          (113) "Sales price" [is as] means the same as that term is defined in Subsection (99).
2903          (114) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
2904     amounts charged by a school:
2905          (i) sales that are directly related to the school's educational functions or activities
2906     including:
2907          (A) the sale of:
2908          (I) textbooks;
2909          (II) textbook fees;
2910          (III) laboratory fees;

2911          (IV) laboratory supplies; or
2912          (V) safety equipment;
2913          (B) the sale of a uniform, protective equipment, or sports or recreational equipment
2914     that:
2915          (I) a student is specifically required to wear as a condition of participation in a
2916     school-related event or school-related activity; and
2917          (II) is not readily adaptable to general or continued usage to the extent that it takes the
2918     place of ordinary clothing;
2919          (C) sales of the following if the net or gross revenues generated by the sales are
2920     deposited into a school district fund or school fund dedicated to school meals:
2921          (I) food and food ingredients; or
2922          (II) prepared food; or
2923          (D) transportation charges for official school activities; or
2924          (ii) amounts paid to or amounts charged by a school for admission to a school-related
2925     event or school-related activity.
2926          (b) "Sales relating to schools" does not include:
2927          (i) bookstore sales of items that are not educational materials or supplies;
2928          (ii) except as provided in Subsection (114)(a)(i)(B):
2929          (A) clothing;
2930          (B) clothing accessories or equipment;
2931          (C) protective equipment; or
2932          (D) sports or recreational equipment; or
2933          (iii) amounts paid to or amounts charged by a school for admission to a school-related
2934     event or school-related activity if the amounts paid or charged are passed through to a person:
2935          (A) other than a:
2936          (I) school;
2937          (II) nonprofit organization authorized by a school board or a governing body of a
2938     private school to organize and direct a competitive secondary school activity; or
2939          (III) nonprofit association authorized by a school board or a governing body of a
2940     private school to organize and direct a competitive secondary school activity; and
2941          (B) that is required to collect sales and use taxes under this chapter.

2942          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2943     commission may make rules defining the term "passed through."
2944          (115) For purposes of this section and Section 59-12-104, "school":
2945          (a) means:
2946          (i) an elementary school or a secondary school that:
2947          (A) is a:
2948          (I) public school; or
2949          (II) private school; and
2950          (B) provides instruction for one or more grades kindergarten through 12; or
2951          (ii) a public school district; and
2952          (b) includes the Electronic High School as defined in Section 53A-15-1002.
2953          (116) "Seller" means a person that makes a sale, lease, or rental of:
2954          (a) tangible personal property;
2955          (b) a product transferred electronically; or
2956          (c) a service.
2957          (117) (a) "Semiconductor fabricating, processing, research, or development materials"
2958     means tangible personal property or a product transferred electronically if the tangible personal
2959     property or product transferred electronically is:
2960          (i) used primarily in the process of:
2961          (A) (I) manufacturing a semiconductor;
2962          (II) fabricating a semiconductor; or
2963          (III) research or development of a:
2964          (Aa) semiconductor; or
2965          (Bb) semiconductor manufacturing process; or
2966          (B) maintaining an environment suitable for a semiconductor; or
2967          (ii) consumed primarily in the process of:
2968          (A) (I) manufacturing a semiconductor;
2969          (II) fabricating a semiconductor; or
2970          (III) research or development of a:
2971          (Aa) semiconductor; or
2972          (Bb) semiconductor manufacturing process; or

2973          (B) maintaining an environment suitable for a semiconductor.
2974          (b) "Semiconductor fabricating, processing, research, or development materials"
2975     includes:
2976          (i) parts used in the repairs or renovations of tangible personal property or a product
2977     transferred electronically described in Subsection (117)(a); or
2978          (ii) a chemical, catalyst, or other material used to:
2979          (A) produce or induce in a semiconductor a:
2980          (I) chemical change; or
2981          (II) physical change;
2982          (B) remove impurities from a semiconductor; or
2983          (C) improve the marketable condition of a semiconductor.
2984          (118) "Senior citizen center" means a facility having the primary purpose of providing
2985     services to the aged as defined in Section 62A-3-101.
2986          (119) (a) Subject to Subsections (119)(b) and (c), "short-term lodging consumable"
2987     means tangible personal property that:
2988          (i) a business that provides accommodations and services described in Subsection
2989     59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
2990     to a purchaser;
2991          (ii) is intended to be consumed by the purchaser; and
2992          (iii) is:
2993          (A) included in the purchase price of the accommodations and services; and
2994          (B) not separately stated on an invoice, bill of sale, or other similar document provided
2995     to the purchaser.
2996          (b) "Short-term lodging consumable" includes:
2997          (i) a beverage;
2998          (ii) a brush or comb;
2999          (iii) a cosmetic;
3000          (iv) a hair care product;
3001          (v) lotion;
3002          (vi) a magazine;
3003          (vii) makeup;

3004          (viii) a meal;
3005          (ix) mouthwash;
3006          (x) nail polish remover;
3007          (xi) a newspaper;
3008          (xii) a notepad;
3009          (xiii) a pen;
3010          (xiv) a pencil;
3011          (xv) a razor;
3012          (xvi) saline solution;
3013          (xvii) a sewing kit;
3014          (xviii) shaving cream;
3015          (xix) a shoe shine kit;
3016          (xx) a shower cap;
3017          (xxi) a snack item;
3018          (xxii) soap;
3019          (xxiii) toilet paper;
3020          (xxiv) a toothbrush;
3021          (xxv) toothpaste; or
3022          (xxvi) an item similar to Subsections (119)(b)(i) through (xxv) as the commission may
3023     provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
3024     Rulemaking Act.
3025          (c) "Short-term lodging consumable" does not include:
3026          (i) tangible personal property that is cleaned or washed to allow the tangible personal
3027     property to be reused; or
3028          (ii) a product transferred electronically.
3029          (120) "Simplified electronic return" means the electronic return:
3030          (a) described in Section 318(C) of the agreement; and
3031          (b) approved by the governing board of the agreement.
3032          (121) "Solar energy" means the sun used as the sole source of energy for producing
3033     electricity.
3034          (122) (a) "Sports or recreational equipment" means an item:

3035          (i) designed for human use; and
3036          (ii) that is:
3037          (A) worn in conjunction with:
3038          (I) an athletic activity; or
3039          (II) a recreational activity; and
3040          (B) not suitable for general use.
3041          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3042     commission shall make rules:
3043          (i) listing the items that constitute "sports or recreational equipment"; and
3044          (ii) that are consistent with the list of items that constitute "sports or recreational
3045     equipment" under the agreement.
3046          (123) "State" means the state of Utah, its departments, and agencies.
3047          (124) "Storage" means any keeping or retention of tangible personal property or any
3048     other taxable transaction under Subsection 59-12-103(1), in this state for any purpose except
3049     sale in the regular course of business.
3050          (125) (a) Except as provided in Subsection (125)(d) or (e), "tangible personal property"
3051     means personal property that:
3052          (i) may be:
3053          (A) seen;
3054          (B) weighed;
3055          (C) measured;
3056          (D) felt; or
3057          (E) touched; or
3058          (ii) is in any manner perceptible to the senses.
3059          (b) "Tangible personal property" includes:
3060          (i) electricity;
3061          (ii) water;
3062          (iii) gas;
3063          (iv) steam; or
3064          (v) prewritten computer software, regardless of the manner in which the prewritten
3065     computer software is transferred.

3066          (c) "Tangible personal property" includes the following regardless of whether the item
3067     is attached to real property:
3068          (i) a dishwasher;
3069          (ii) a dryer;
3070          (iii) a freezer;
3071          (iv) a microwave;
3072          (v) a refrigerator;
3073          (vi) a stove;
3074          (vii) a washer; or
3075          (viii) an item similar to Subsections (125)(c)(i) through (vii) as determined by the
3076     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
3077     Rulemaking Act.
3078          (d) "Tangible personal property" does not include a product that is transferred
3079     electronically.
3080          (e) "Tangible personal property" does not include the following if attached to real
3081     property, regardless of whether the attachment to real property is only through a line that
3082     supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
3083     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
3084     Rulemaking Act:
3085          (i) a hot water heater;
3086          (ii) a water filtration system; or
3087          (iii) a water softener system.
3088          (126) (a) "Telecommunications enabling or facilitating equipment, machinery, or
3089     software" means an item listed in Subsection (126)(b) if that item is purchased or leased
3090     primarily to enable or facilitate one or more of the following to function:
3091          (i) telecommunications switching or routing equipment, machinery, or software; or
3092          (ii) telecommunications transmission equipment, machinery, or software.
3093          (b) The following apply to Subsection (126)(a):
3094          (i) a pole;
3095          (ii) software;
3096          (iii) a supplementary power supply;

3097          (iv) temperature or environmental equipment or machinery;
3098          (v) test equipment;
3099          (vi) a tower; or
3100          (vii) equipment, machinery, or software that functions similarly to an item listed in
3101     Subsections (126)(b)(i) through (vi) as determined by the commission by rule made in
3102     accordance with Subsection (126)(c).
3103          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3104     commission may by rule define what constitutes equipment, machinery, or software that
3105     functions similarly to an item listed in Subsections (126)(b)(i) through (vi).
3106          (127) "Telecommunications equipment, machinery, or software required for 911
3107     service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
3108     Sec. 20.18.
3109          (128) "Telecommunications maintenance or repair equipment, machinery, or software"
3110     means equipment, machinery, or software purchased or leased primarily to maintain or repair
3111     one or more of the following, regardless of whether the equipment, machinery, or software is
3112     purchased or leased as a spare part or as an upgrade or modification to one or more of the
3113     following:
3114          (a) telecommunications enabling or facilitating equipment, machinery, or software;
3115          (b) telecommunications switching or routing equipment, machinery, or software; or
3116          (c) telecommunications transmission equipment, machinery, or software.
3117          (129) (a) "Telecommunications service" means the electronic conveyance, routing, or
3118     transmission of audio, data, video, voice, or any other information or signal to a point, or
3119     among or between points.
3120          (b) "Telecommunications service" includes:
3121          (i) an electronic conveyance, routing, or transmission with respect to which a computer
3122     processing application is used to act:
3123          (A) on the code, form, or protocol of the content;
3124          (B) for the purpose of electronic conveyance, routing, or transmission; and
3125          (C) regardless of whether the service:
3126          (I) is referred to as voice over Internet protocol service; or
3127          (II) is classified by the Federal Communications Commission as enhanced or value

3128     added;
3129          (ii) an 800 service;
3130          (iii) a 900 service;
3131          (iv) a fixed wireless service;
3132          (v) a mobile wireless service;
3133          (vi) a postpaid calling service;
3134          (vii) a prepaid calling service;
3135          (viii) a prepaid wireless calling service; or
3136          (ix) a private communications service.
3137          (c) "Telecommunications service" does not include:
3138          (i) advertising, including directory advertising;
3139          (ii) an ancillary service;
3140          (iii) a billing and collection service provided to a third party;
3141          (iv) a data processing and information service if:
3142          (A) the data processing and information service allows data to be:
3143          (I) (Aa) acquired;
3144          (Bb) generated;
3145          (Cc) processed;
3146          (Dd) retrieved; or
3147          (Ee) stored; and
3148          (II) delivered by an electronic transmission to a purchaser; and
3149          (B) the purchaser's primary purpose for the underlying transaction is the processed data
3150     or information;
3151          (v) installation or maintenance of the following on a customer's premises:
3152          (A) equipment; or
3153          (B) wiring;
3154          (vi) Internet access service;
3155          (vii) a paging service;
3156          (viii) a product transferred electronically, including:
3157          (A) music;
3158          (B) reading material;

3159          (C) a ring tone;
3160          (D) software; or
3161          (E) video;
3162          (ix) a radio and television audio and video programming service:
3163          (A) regardless of the medium; and
3164          (B) including:
3165          (I) furnishing conveyance, routing, or transmission of a television audio and video
3166     programming service by a programming service provider;
3167          (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
3168          (III) audio and video programming services delivered by a commercial mobile radio
3169     service provider as defined in 47 C.F.R. Sec. 20.3;
3170          (x) a value-added nonvoice data service; or
3171          (xi) tangible personal property.
3172          (130) (a) "Telecommunications service provider" means a person that:
3173          (i) owns, controls, operates, or manages a telecommunications service; and
3174          (ii) engages in an activity described in Subsection (130)(a)(i) for the shared use with or
3175     resale to any person of the telecommunications service.
3176          (b) A person described in Subsection (130)(a) is a telecommunications service provider
3177     whether or not the Public Service Commission of Utah regulates:
3178          (i) that person; or
3179          (ii) the telecommunications service that the person owns, controls, operates, or
3180     manages.
3181          (131) (a) "Telecommunications switching or routing equipment, machinery, or
3182     software" means an item listed in Subsection (131)(b) if that item is purchased or leased
3183     primarily for switching or routing:
3184          (i) an ancillary service;
3185          (ii) data communications;
3186          (iii) voice communications; or
3187          (iv) telecommunications service.
3188          (b) The following apply to Subsection (131)(a):
3189          (i) a bridge;

3190          (ii) a computer;
3191          (iii) a cross connect;
3192          (iv) a modem;
3193          (v) a multiplexer;
3194          (vi) plug in circuitry;
3195          (vii) a router;
3196          (viii) software;
3197          (ix) a switch; or
3198          (x) equipment, machinery, or software that functions similarly to an item listed in
3199     Subsections (131)(b)(i) through (ix) as determined by the commission by rule made in
3200     accordance with Subsection (131)(c).
3201          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3202     commission may by rule define what constitutes equipment, machinery, or software that
3203     functions similarly to an item listed in Subsections (131)(b)(i) through (ix).
3204          (132) (a) "Telecommunications transmission equipment, machinery, or software"
3205     means an item listed in Subsection (132)(b) if that item is purchased or leased primarily for
3206     sending, receiving, or transporting:
3207          (i) an ancillary service;
3208          (ii) data communications;
3209          (iii) voice communications; or
3210          (iv) telecommunications service.
3211          (b) The following apply to Subsection (132)(a):
3212          (i) an amplifier;
3213          (ii) a cable;
3214          (iii) a closure;
3215          (iv) a conduit;
3216          (v) a controller;
3217          (vi) a duplexer;
3218          (vii) a filter;
3219          (viii) an input device;
3220          (ix) an input/output device;

3221          (x) an insulator;
3222          (xi) microwave machinery or equipment;
3223          (xii) an oscillator;
3224          (xiii) an output device;
3225          (xiv) a pedestal;
3226          (xv) a power converter;
3227          (xvi) a power supply;
3228          (xvii) a radio channel;
3229          (xviii) a radio receiver;
3230          (xix) a radio transmitter;
3231          (xx) a repeater;
3232          (xxi) software;
3233          (xxii) a terminal;
3234          (xxiii) a timing unit;
3235          (xxiv) a transformer;
3236          (xxv) a wire; or
3237          (xxvi) equipment, machinery, or software that functions similarly to an item listed in
3238     Subsections (132)(b)(i) through (xxv) as determined by the commission by rule made in
3239     accordance with Subsection (132)(c).
3240          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3241     commission may by rule define what constitutes equipment, machinery, or software that
3242     functions similarly to an item listed in Subsections (132)(b)(i) through (xxv).
3243          (133) (a) "Textbook for a higher education course" means a textbook or other printed
3244     material that is required for a course:
3245          (i) offered by an institution of higher education; and
3246          (ii) that the purchaser of the textbook or other printed material attends or will attend.
3247          (b) "Textbook for a higher education course" includes a textbook in electronic format.
3248          (134) "Tobacco" means:
3249          (a) a cigarette;
3250          (b) a cigar;
3251          (c) chewing tobacco;

3252          (d) pipe tobacco; or
3253          (e) any other item that contains tobacco.
3254          (135) "Unassisted amusement device" means an amusement device, skill device, or
3255     ride device that is started and stopped by the purchaser or renter of the right to use or operate
3256     the amusement device, skill device, or ride device.
3257          (136) (a) "Use" means the exercise of any right or power over tangible personal
3258     property, a product transferred electronically, or a service under Subsection 59-12-103(1),
3259     incident to the ownership or the leasing of that tangible personal property, product transferred
3260     electronically, or service.
3261          (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
3262     property, a product transferred electronically, or a service in the regular course of business and
3263     held for resale.
3264          (137) "Value-added nonvoice data service" means a service:
3265          (a) that otherwise meets the definition of a telecommunications service except that a
3266     computer processing application is used to act primarily for a purpose other than conveyance,
3267     routing, or transmission; and
3268          (b) with respect to which a computer processing application is used to act on data or
3269     information:
3270          (i) code;
3271          (ii) content;
3272          (iii) form; or
3273          (iv) protocol.
3274          (138) (a) Subject to Subsection (138)(b), "vehicle" means the following that are
3275     required to be titled, registered, or titled and registered:
3276          (i) an aircraft as defined in Section 72-10-102;
3277          (ii) a vehicle as defined in Section 41-1a-102;
3278          (iii) an off-highway vehicle as defined in Section 41-22-2; or
3279          (iv) a vessel as defined in Section 41-1a-102.
3280          (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
3281          (i) a vehicle described in Subsection (138)(a); or
3282          (ii) (A) a locomotive;

3283          (B) a freight car;
3284          (C) railroad work equipment; or
3285          (D) other railroad rolling stock.
3286          (139) "Vehicle dealer" means a person engaged in the business of buying, selling, or
3287     exchanging a vehicle as defined in Subsection (138).
3288          (140) (a) "Vertical service" means an ancillary service that:
3289          (i) is offered in connection with one or more telecommunications services; and
3290          (ii) offers an advanced calling feature that allows a customer to:
3291          (A) identify a caller; and
3292          (B) manage multiple calls and call connections.
3293          (b) "Vertical service" includes an ancillary service that allows a customer to manage a
3294     conference bridging service.
3295          (141) (a) "Voice mail service" means an ancillary service that enables a customer to
3296     receive, send, or store a recorded message.
3297          (b) "Voice mail service" does not include a vertical service that a customer is required
3298     to have in order to utilize a voice mail service.
3299          (142) (a) Except as provided in Subsection (142)(b), "waste energy facility" means a
3300     facility that generates electricity:
3301          (i) using as the primary source of energy waste materials that would be placed in a
3302     landfill or refuse pit if it were not used to generate electricity, including:
3303          (A) tires;
3304          (B) waste coal;
3305          (C) oil shale; or
3306          (D) municipal solid waste; and
3307          (ii) in amounts greater than actually required for the operation of the facility.
3308          (b) "Waste energy facility" does not include a facility that incinerates:
3309          (i) hospital waste as defined in 40 C.F.R. 60.51c; or
3310          (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
3311          (143) "Watercraft" means a vessel as defined in Section 73-18-2.
3312          (144) "Wind energy" means wind used as the sole source of energy to produce
3313     electricity.

3314          (145) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
3315     location by the United States Postal Service.
3316          Section 29. Section 59-12-703 is amended to read:
3317          59-12-703. Opinion question election -- Base -- Rate -- Imposition of tax --
3318     Expenditure of revenues -- Administration -- Enactment or repeal of tax -- Effective date
3319     -- Notice requirements.
3320          (1) (a) Subject to the other provisions of this section, a county legislative body may
3321     submit an opinion question to the residents of that county, by majority vote of all members of
3322     the legislative body, so that each resident of the county, except residents in municipalities that
3323     have already imposed a sales and use tax under Part 14, City or Town Option Funding for
3324     Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, has an
3325     opportunity to express the resident's opinion on the imposition of a local sales and use tax of
3326     .1% on the transactions described in Subsection 59-12-103(1) located within the county, to:
3327          (i) fund cultural facilities, recreational facilities, and zoological facilities, botanical
3328     organizations, cultural organizations, and zoological organizations, and rural radio stations, in
3329     that county; or
3330          (ii) provide funding for a botanical organization, cultural organization, or zoological
3331     organization to pay for use of a bus or facility rental if that use of the bus or facility rental is in
3332     furtherance of the botanical organization's, cultural organization's, or zoological organization's
3333     primary purpose.
3334          (b) The opinion question required by this section shall state:
3335          "Shall (insert the name of the county), Utah, be authorized to impose a .1% sales and
3336     use tax for (list the purposes for which the revenue collected from the sales and use tax shall be
3337     expended)?"
3338          (c) A county legislative body may not impose a tax under this section on:
3339          (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses
3340     are exempt from taxation under Section 59-12-104;
3341          (ii) sales and uses within a municipality that has already imposed a sales and use tax
3342     under Part 14, City or Town Option Funding for Botanical, Cultural, Recreational, and
3343     Zoological Organizations or Facilities; and
3344          (iii) except as provided in Subsection (1)(e), amounts paid or charged for food and

3345     food ingredients.
3346          (d) For purposes of this Subsection (1), the location of a transaction shall be
3347     determined in accordance with Sections 59-12-211 through 59-12-215.
3348          (e) A county legislative body imposing a tax under this section shall impose the tax on
3349     amounts paid or charged for food and food ingredients if the food and food ingredients are sold
3350     as part of a bundled transaction attributable to food and food ingredients and tangible personal
3351     property other than food and food ingredients.
3352          (f) The election shall follow the procedures outlined in Title 11, Chapter 14, Local
3353     Government Bonding Act.
3354          (2) (a) If the county legislative body determines that a majority of the county's
3355     registered voters voting on the imposition of the tax have voted in favor of the imposition of
3356     the tax as prescribed in Subsection (1), the county legislative body may impose the tax by a
3357     majority vote of all members of the legislative body on the transactions:
3358          (i) described in Subsection (1); and
3359          (ii) within the county, including the cities and towns located in the county, except those
3360     cities and towns that have already imposed a sales and use tax under Part 14, City or Town
3361     Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or
3362     Facilities.
3363          (b) A county legislative body may revise county ordinances to reflect statutory changes
3364     to the distribution formula or eligible recipients of revenue generated from a tax imposed under
3365     Subsection (2)(a) without submitting an opinion question to residents of the county.
3366          (3) Subject to Section 59-12-704, revenue collected from a tax imposed under
3367     Subsection (2) shall be expended:
3368          (a) to fund cultural facilities, recreational facilities, and zoological facilities located
3369     within the county or a city or town located in the county, except a city or town that has already
3370     imposed a sales and use tax under Part 14, City or Town Option Funding for Botanical,
3371     Cultural, Recreational, and Zoological Organizations or Facilities;
3372          (b) to fund ongoing operating expenses of:
3373          (i) recreational facilities described in Subsection (3)(a);
3374          (ii) botanical organizations, cultural organizations, and zoological organizations within
3375     the county; and

3376          (iii) rural radio stations within the county; and
3377          (c) as stated in the opinion question described in Subsection (1).
3378          (4) (a) A tax authorized under this part shall be:
3379          (i) except as provided in Subsection (4)(b), administered, collected, and enforced in
3380     accordance with:
3381          (A) the same procedures used to administer, collect, and enforce the tax under:
3382          (I) Part 1, Tax Collection; or
3383          (II) Part 2, Local Sales and Use Tax Act; and
3384          (B) Chapter 1, General Taxation Policies; and
3385          (ii) levied for a period of 10 years and may be reauthorized at the end of the ten-year
3386     period in accordance with this section.
3387          (b) A tax under this part is not subject to Subsections 59-12-205(2) through (7).
3388          (5) (a) For purposes of this Subsection (5):
3389          (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, Part 2,
3390     County Annexation.
3391          (ii) "Annexing area" means an area that is annexed into a county.
3392          (b) (i) Except as provided in Subsection (5)(c) or (d), if, on or after July 1, 2004, a
3393     county enacts or repeals a tax under this part, the enactment or repeal shall take effect:
3394          (A) on the first day of a calendar quarter; and
3395          (B) after a 90-day period beginning on the date the commission receives notice meeting
3396     the requirements of Subsection (5)(b)(ii) from the county.
3397          (ii) The notice described in Subsection (5)(b)(i)(B) shall state:
3398          (A) that the county will enact or repeal a tax under this part;
3399          (B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
3400          (C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and
3401          (D) if the county enacts the tax described in Subsection (5)(b)(ii)(A), the rate of the
3402     tax.
3403          (c) (i) If the billing period for a transaction begins before the effective date of the
3404     enactment of the tax under this section, the enactment of the tax takes effect on the first day of
3405     the first billing period that begins on or after the effective date of the enactment of the tax.
3406          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing

3407     period is produced on or after the effective date of the repeal of the tax imposed under this
3408     section.
3409          (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
3410     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
3411     Subsection (5)(b)(i) takes effect:
3412          (A) on the first day of a calendar quarter; and
3413          (B) beginning 60 days after the effective date of the enactment or repeal under
3414     Subsection (5)(b)(i).
3415          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3416     commission may by rule define the term "catalogue sale."
3417          (e) (i) Except as provided in Subsection (5)(f) or (g), if, for an annexation that occurs
3418     on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
3419     part for an annexing area, the enactment or repeal shall take effect:
3420          (A) on the first day of a calendar quarter; and
3421          (B) after a 90-day period beginning on the date the commission receives notice meeting
3422     the requirements of Subsection (5)(e)(ii) from the county that annexes the annexing area.
3423          (ii) The notice described in Subsection (5)(e)(i)(B) shall state:
3424          (A) that the annexation described in Subsection (5)(e)(i) will result in an enactment or
3425     repeal of a tax under this part for the annexing area;
3426          (B) the statutory authority for the tax described in Subsection (5)(e)(ii)(A);
3427          (C) the effective date of the tax described in Subsection (5)(e)(ii)(A); and
3428          (D) the rate of the tax described in Subsection (5)(e)(ii)(A).
3429          (f) (i) If the billing period for a transaction begins before the effective date of the
3430     enactment of the tax under this section, the enactment of the tax takes effect on the first day of
3431     the first billing period that begins on or after the effective date of the enactment of the tax.
3432          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
3433     period is [rendered] produced on or after the effective date of the repeal of the tax imposed
3434     under this section.
3435          (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
3436     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
3437     Subsection (5)(e)(i) takes effect:

3438          (A) on the first day of a calendar quarter; and
3439          (B) beginning 60 days after the effective date of the enactment or repeal under
3440     Subsection (5)(e)(i).
3441          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3442     commission may by rule define the term "catalogue sale."
3443          Section 30. Section 62A-2-120 is amended to read:
3444          62A-2-120. Background check -- Direct access to children or vulnerable adults.
3445          (1) As used in this section:
3446          (a) "Applicant" means:
3447          (i) a person described in Section 62A-2-101;
3448          (ii) an individual who:
3449          (A) is associated with a licensee; and
3450          (B) has or will likely have direct access to a child or a vulnerable adult;
3451          (iii) an individual who provides respite care to a foster parent or an adoptive parent on
3452     more than one occasion;
3453          (iv) a department contractor; or
3454          (v) a guardian submitting an application on behalf of an individual, other than the child
3455     or vulnerable adult who is receiving the service, if the individual is 12 years of age or older
3456     and:
3457          (A) resides in a home, that is licensed or certified by the office, with the child or
3458     vulnerable adult who is receiving services; or
3459          (B) is a person or individual described in Subsection (1)(a)(i), (ii), (iii), or (iv).
3460          (b) "Application" means a background screening application to the office.
3461          (c) "Bureau" means the Bureau of Criminal Identification within the Department of
3462     Public Safety, created in Section 53-10-201.
3463          (d) "Personal identifying information" means:
3464          (i) current name, former names, nicknames, and aliases;
3465          (ii) date of birth;
3466          (iii) physical address and email address;
3467          (iv) telephone number;
3468          (v) driver license number or other government-issued identification number;

3469          (vi) social security number;
3470          (vii) only for applicants who are 18 years of age or older, fingerprints, in a form
3471     specified by the office; and
3472          (viii) other information specified by the office by rule made in accordance with Title
3473     63G, Chapter 3, Utah Administrative Rulemaking Act.
3474          (2) (a) Except as provided in Subsection [(14)] (13), an applicant shall submit the
3475     following to the office:
3476          (i) personal identifying information;
3477          (ii) a fee established by the office under Section 63J-1-504; and
3478          (iii) a form, specified by the office, for consent for:
3479          (A) an initial background check upon submission of the information described under
3480     Subsection (2)(a);
3481          (B) a background check at the applicant's annual renewal;
3482          (C) a background check when the office determines that reasonable cause exists; and
3483          (D) retention of personal identifying information, including fingerprints, for
3484     monitoring and notification as described in Subsections (3)(d) and (4).
3485          (b) In addition to the requirements described in Subsection (2)(a), if an applicant spent
3486     time outside of the United States and its territories during the five years immediately preceding
3487     the day on which the information described in Subsection (2)(a) is submitted to the office, the
3488     office may require the applicant to submit documentation establishing whether the applicant
3489     was convicted of a crime during the time that the applicant spent outside of the United States or
3490     its territories.
3491          (3) The office:
3492          (a) shall perform the following duties as part of a background check of an applicant:
3493          (i) check state and regional criminal background databases for the applicant's criminal
3494     history by:
3495          (A) submitting personal identifying information to the Bureau for a search; or
3496          (B) using the applicant's personal identifying information to search state and regional
3497     criminal background databases as authorized under Section 53-10-108;
3498          (ii) submit the applicant's personal identifying information and fingerprints to the
3499     Bureau for a criminal history search of applicable national criminal background databases;

3500          (iii) search the Department of Human Services, Division of Child and Family Services'
3501     Licensing Information System described in Section 62A-4a-1006;
3502          (iv) search the Department of Human Services, Division of Aging and Adult Services'
3503     vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
3504          (v) search the juvenile court records for substantiated findings of severe child abuse or
3505     neglect described in Section 78A-6-323; and
3506          (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
3507     under Section 78A-6-209;
3508          (b) shall conduct a background check of an applicant for an initial background check
3509     upon submission of the information described under Subsection (2)(a);
3510          (c) may conduct all or portions of a background check of an applicant, as provided by
3511     rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
3512     Rulemaking Act:
3513          (i) for an annual renewal; or
3514          (ii) when the office determines that reasonable cause exists;
3515          (d) may submit an applicant's personal identifying information, including fingerprints,
3516     to the Bureau for checking, retaining, and monitoring of state and national criminal background
3517     databases and for notifying the office of new criminal activity associated with the applicant;
3518          (e) shall track the status of an approved applicant under this section to ensure that an
3519     approved applicant is not required to duplicate the submission of the applicant's fingerprints if
3520     the applicant applies for:
3521          (i) more than one license;
3522          (ii) direct access to a child or a vulnerable adult in more than one human services
3523     program; or
3524          (iii) direct access to a child or a vulnerable adult under a contract with the department;
3525          (f) shall track the status of each license and each individual with direct access to a child
3526     or a vulnerable adult and notify the Bureau when the license has expired or the individual's
3527     direct access to a child or a vulnerable adult has ceased;
3528          (g) shall adopt measures to strictly limit access to personal identifying information
3529     solely to the office employees responsible for processing the applications for background
3530     checks and to protect the security of the personal identifying information the office reviews

3531     under this Subsection (3); and
3532          (h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
3533     Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
3534     checks.
3535          (4) (a) With the personal identifying information the office submits to the Bureau
3536     under Subsection (3), the Bureau shall check against state and regional criminal background
3537     databases for the applicant's criminal history.
3538          (b) With the personal identifying information and fingerprints the office submits to the
3539     Bureau under Subsection (3), the Bureau shall check against national criminal background
3540     databases for the applicant's criminal history.
3541          (c) Upon direction from the office, and with the personal identifying information and
3542     fingerprints the office submits to the Bureau under Subsection (3)(d), the Bureau shall:
3543          (i) maintain a separate file of the fingerprints for search by future submissions to the
3544     local and regional criminal records databases, including latent prints; and
3545          (ii) monitor state and regional criminal background databases and identify criminal
3546     activity associated with the applicant.
3547          (d) The Bureau is authorized to submit the fingerprints to the Federal Bureau of
3548     Investigation Next Generation Identification System, to be retained in the Federal Bureau of
3549     Investigation Next Generation Identification System for the purpose of:
3550          (i) being searched by future submissions to the national criminal records databases,
3551     including the Federal Bureau of Investigation Next Generation Identification System and latent
3552     prints; and
3553          (ii) monitoring national criminal background databases and identifying criminal
3554     activity associated with the applicant.
3555          (e) The Bureau shall notify and release to the office all information of criminal activity
3556     associated with the applicant.
3557          (f) Upon notice from the office that a license has expired or an individual's direct
3558     access to a child or a vulnerable adult has ceased, the Bureau shall:
3559          (i) discard and destroy any retained fingerprints; and
3560          (ii) notify the Federal Bureau of Investigation when the license has expired or an
3561     individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau

3562     of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
3563     Investigation Next Generation Identification System.
3564          (5) (a) After conducting the background check described in Subsections (3) and (4), the
3565     office shall deny an application to an applicant who, within 10 years before the day on which
3566     the applicant submits information to the office under Subsection (2) for a background check,
3567     has been convicted of any of the following, regardless of whether the offense is a felony, a
3568     misdemeanor, or an infraction:
3569          (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
3570     animals, or bestiality;
3571          (ii) a violation of any pornography law, including sexual exploitation of a minor;
3572          (iii) prostitution;
3573          (iv) an offense included in:
3574          (A) Title 76, Chapter 5, Offenses Against the Person;
3575          (B) Section 76-5b-201, Sexual Exploitation of a Minor; or
3576          (C) Title 76, Chapter 7, Offenses Against the Family;
3577          (v) aggravated arson, as described in Section 76-6-103;
3578          (vi) aggravated burglary, as described in Section 76-6-203;
3579          (vii) aggravated robbery, as described in Section 76-6-302;
3580          (viii) identity fraud crime, as described in Section 76-6-1102; or
3581          (ix) a conviction for a felony or misdemeanor offense committed outside of the state
3582     that, if committed in the state, would constitute a violation of an offense described in
3583     Subsections (5)(a)(i) through (viii).
3584          (b) If the office denies an application to an applicant based on a conviction described in
3585     Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
3586     Subsection (6).
3587          (6) (a) The office shall conduct a comprehensive review of an applicant's background
3588     check if the applicant has:
3589          (i) a conviction for any felony offense, not described in Subsection (5)(a), regardless of
3590     the date of the conviction;
3591          (ii) a conviction for a misdemeanor offense, not described in Subsection (5)(a), and
3592     designated by the office, by rule, in accordance with Title 63G, Chapter 3, Utah Administrative

3593     Rulemaking Act, if the conviction is within five years before the day on which the applicant
3594     submits information to the office under Subsection (2) for a background check;
3595          (iii) a conviction for any offense described in Subsection (5)(a) that occurred more than
3596     10 years before the day on which the applicant submitted information under Subsection (2)(a);
3597          (iv) pleaded no contest to or is currently subject to a plea in abeyance or diversion
3598     agreement for any offense described in Subsection (5)(a);
3599          (v) a listing in the Department of Human Services, Division of Child and Family
3600     Services' Licensing Information System described in Section 62A-4a-1006;
3601          (vi) a listing in the Department of Human Services, Division of Aging and Adult
3602     Services' vulnerable adult abuse, neglect, or exploitation database described in Section
3603     62A-3-311.1;
3604          (vii) a record in the juvenile court of a substantiated finding of severe child abuse or
3605     neglect described in Section 78A-6-323;
3606          (viii) a record of an adjudication in juvenile court for an act that, if committed by an
3607     adult, would be a felony or misdemeanor, if the applicant is:
3608          (A) under 28 years of age; or
3609          (B) 28 years of age or older and has been convicted of, has pleaded no contest to, or is
3610     currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
3611     offense described in Subsection (5)(a); or
3612          (ix) a pending charge for an offense described in Subsection (5)(a).
3613          (b) The comprehensive review described in Subsection (6)(a) shall include an
3614     examination of:
3615          (i) the date of the offense or incident;
3616          (ii) the nature and seriousness of the offense or incident;
3617          (iii) the circumstances under which the offense or incident occurred;
3618          (iv) the age of the perpetrator when the offense or incident occurred;
3619          (v) whether the offense or incident was an isolated or repeated incident;
3620          (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
3621     adult, including:
3622          (A) actual or threatened, nonaccidental physical or mental harm;
3623          (B) sexual abuse;

3624          (C) sexual exploitation; or
3625          (D) negligent treatment;
3626          (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
3627     treatment received, or additional academic or vocational schooling completed; and
3628          (viii) any other pertinent information.
3629          (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
3630     office shall deny an application to an applicant if the office finds that approval would likely
3631     create a risk of harm to a child or a vulnerable adult.
3632          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3633     office may make rules, consistent with this chapter, to establish procedures for the
3634     comprehensive review described in this Subsection (6).
3635          (7) Subject to Subsection (10), the office shall approve an application to an applicant
3636     who is not denied under Subsection (5), (6), or (13).
3637          (8) (a) The office may conditionally approve an application of an applicant, for a
3638     maximum of 60 days after the day on which the office sends written notice to the applicant
3639     under Subsection (12), without requiring that the applicant be directly supervised, if the office:
3640          (i) is awaiting the results of the criminal history search of national criminal background
3641     databases; and
3642          (ii) would otherwise approve an application of the applicant under Subsection (7).
3643          (b) Upon receiving the results of the criminal history search of national criminal
3644     background databases, the office shall approve or deny the application of the applicant in
3645     accordance with Subsections (5) through (7).
3646          (9) A licensee or department contractor may not permit an individual to have direct
3647     access to a child or a vulnerable adult unless, subject to Subsection (10):
3648          (a) the individual is associated with the licensee or department contractor and:
3649          (i) the individual's application is approved by the office under this section;
3650          (ii) the individual's application is conditionally approved by the office under
3651     Subsection (8); or
3652          (iii) (A) the individual has submitted the background check information described in
3653     Subsection (2) to the office;
3654          (B) the office has not determined whether to approve the applicant's application; and

3655          (C) the individual is directly supervised by an individual who has a current background
3656     screening approval issued by the office under this section and is associated with the licensee or
3657     department contractor;
3658          (b) (i) the individual is associated with the licensee or department contractor;
3659          (ii) the individual has a current background screening approval issued by the office
3660     under this section;
3661          (iii) one of the following circumstances, that the office has not yet reviewed under
3662     Subsection (6), applies to the individual:
3663          (A) the individual was charged with an offense described in Subsection (5)(a);
3664          (B) the individual is listed in the Licensing Information System, described in Section
3665     62A-4a-1006;
3666          (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
3667     database, described in Section 62A-3-311.1;
3668          (D) the individual has a record in the juvenile court of a substantiated finding of severe
3669     child abuse or neglect, described in Section 78A-6-323; or
3670          (E) the individual has a record of an adjudication in juvenile court for an act that, if
3671     committed by an adult, would be a felony or a misdemeanor; and
3672          (iv) the individual is directly supervised by an individual who:
3673          (A) has a current background screening approval issued by the office under this
3674     section; and
3675          (B) is associated with the licensee or department contractor;
3676          (c) the individual:
3677          (i) is not associated with the licensee or department contractor; and
3678          (ii) is directly supervised by an individual who:
3679          (A) has a current background screening approval issued by the office under this
3680     section; and
3681          (B) is associated with the licensee or department contractor;
3682          (d) the individual is the parent or guardian of the child, or the guardian of the
3683     vulnerable adult;
3684          (e) the individual is approved by the parent or guardian of the child, or the guardian of
3685     the vulnerable adult, to have direct access to the child or the vulnerable adult; or

3686          (f) the individual is only permitted to have direct access to a vulnerable adult who
3687     voluntarily invites the individual to visit.
3688          (10) An individual may not have direct access to a child or a vulnerable adult if the
3689     individual is prohibited by court order from having that access.
3690          (11) Notwithstanding any other provision of this section, an individual for whom the
3691     office denies an application may not have supervised or unsupervised direct access to a child or
3692     vulnerable adult unless the office approves a subsequent application by the individual.
3693          (12) (a) Within 30 days after the day on which the office receives the background
3694     check information for an applicant, the office shall give written notice to:
3695          (i) the applicant, and the licensee or department contractor, of the office's decision
3696     regarding the background check and findings; and
3697          (ii) the applicant of any convictions and potentially disqualifying charges and
3698     adjudications found in the search.
3699          (b) With the notice described in Subsection (12)(a), the office shall also give the
3700     applicant the details of any comprehensive review conducted under Subsection (6).
3701          (c) If the notice under Subsection (12)(a) states that the applicant's application is
3702     denied, the notice shall further advise the applicant that the applicant may, under Subsection
3703     62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
3704     challenge the office's decision.
3705          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3706     office shall make rules, consistent with this chapter:
3707          (i) defining procedures for the challenge of its background check decision described in
3708     Subsection (12)(c); and
3709          (ii) expediting the process for renewal of a license under the requirements of this
3710     section and other applicable sections.
3711          (13) This section does not apply to a department contractor, or an applicant for an
3712     initial license, or license renewal, regarding a substance abuse program that provides services
3713     to adults only.
3714          (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
3715     of this section, if the background check of an applicant is being conducted for the purpose of
3716     licensing a prospective foster home or approving a prospective adoptive placement of a child in

3717     state custody, the office shall:
3718          (i) check the child abuse and neglect registry in each state where each applicant resided
3719     in the five years immediately preceding the day on which the applicant applied to be a foster
3720     parent or adoptive parent, to determine whether the prospective foster parent or prospective
3721     adoptive parent is listed in the registry as having a substantiated or supported finding of child
3722     abuse or neglect; and
3723          (ii) check the child abuse and neglect registry in each state where each adult living in
3724     the home of the applicant described in Subsection (14)(a)(i) resided in the five years
3725     immediately preceding the day on which the applicant applied to be a foster parent or adoptive
3726     parent, to determine whether the adult is listed in the registry as having a substantiated or
3727     supported finding of child abuse or neglect.
3728          (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
3729          (i) federal law or rule permits otherwise; or
3730          (ii) the requirements would prohibit the Division of Child and Family Services or a
3731     court from placing a child with:
3732          (A) a noncustodial parent under Section 62A-4a-209, 78A-6-307, or 78A-6-307.5; or
3733          (B) a relative, other than a noncustodial parent, under Section 62A-4a-209, 78A-6-307,
3734     or 78A-6-307.5, pending completion of the background check described in Subsection (5).
3735          (c) Notwithstanding Subsections (5) through (9), the office shall deny a license or a
3736     license renewal to a prospective foster parent or a prospective adoptive parent if the applicant
3737     has been convicted of:
3738          (i) a felony involving conduct that constitutes any of the following:
3739          (A) child abuse, as described in Section 76-5-109;
3740          (B) commission of domestic violence in the presence of a child, as described in Section
3741     76-5-109.1;
3742          (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
3743          (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
3744          (E) aggravated murder, as described in Section 76-5-202;
3745          (F) murder, as described in Section 76-5-203;
3746          (G) manslaughter, as described in Section 76-5-205;
3747          (H) child abuse homicide, as described in Section 76-5-208;

3748          (I) homicide by assault, as described in Section 76-5-209;
3749          (J) kidnapping, as described in Section 76-5-301;
3750          (K) child kidnapping, as described in Section 76-5-301.1;
3751          (L) aggravated kidnapping, as described in Section 76-5-302;
3752          (M) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
3753          (N) sexual exploitation of a minor, as described in Section 76-5b-201;
3754          (O) aggravated arson, as described in Section 76-6-103;
3755          (P) aggravated burglary, as described in Section 76-6-203;
3756          (Q) aggravated robbery, as described in Section 76-6-302; or
3757          (R) domestic violence, as described in Section 77-36-1; or
3758          (ii) an offense committed outside the state that, if committed in the state, would
3759     constitute a violation of an offense described in Subsection (14)(c)(i).
3760          (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
3761     license renewal to a prospective foster parent or a prospective adoptive parent if, within the
3762     five years immediately preceding the day on which the individual's application or license would
3763     otherwise be approved, the applicant was convicted of a felony involving conduct that
3764     constitutes a violation of any of the following:
3765          (i) aggravated assault, as described in Section 76-5-103;
3766          (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
3767          (iii) mayhem, as described in Section 76-5-105;
3768          (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
3769          (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
3770          (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
3771     Act;
3772          (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
3773     Precursor Act; or
3774          (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
3775          (e) In addition to the circumstances described in Subsection (6)(a), the office shall
3776     conduct the comprehensive review of an applicant's background check pursuant to this section
3777     if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
3778     child abuse and neglect registry of another state as having a substantiated or supported finding

3779     of a severe type of child abuse or neglect as defined in Section 62A-4a-1002.
3780          Section 31. Section 62A-4a-208 is amended to read:
3781          62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
3782          (1) As used in this section:
3783          (a) "Complainant" means a person who initiates a complaint with the ombudsman.
3784          (b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
3785     section.
3786          (2) (a) There is created within the department the position of child protection
3787     ombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executive
3788     director.
3789          (b) The ombudsman shall be:
3790          (i) an individual of recognized executive and administrative capacity;
3791          (ii) selected solely with regard to qualifications and fitness to discharge the duties of
3792     ombudsman; and
3793          (iii) have experience in child welfare, and in state laws and policies governing abused,
3794     neglected, and dependent children.
3795          (c) The ombudsman shall devote full time to the duties of office.
3796          (3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of a
3797     complaint from any person, investigate whether an act or omission of the division with respect
3798     to a particular child:
3799          (i) is contrary to statute, rule, or policy;
3800          (ii) places a child's health or safety at risk;
3801          (iii) is made without an adequate statement of reason; or
3802          (iv) is based on irrelevant, immaterial, or erroneous grounds.
3803          (b) The ombudsman may decline to investigate any complaint. If the ombudsman
3804     declines to investigate a complaint or continue an investigation, the ombudsman shall notify
3805     the complainant and the division of the decision and of the reasons for that decision.
3806          (c) The ombudsman may conduct an investigation on the ombudsman's own initiative.
3807          (4) The ombudsman shall:
3808          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3809     make rules that govern the following:

3810          (i) receiving and processing complaints;
3811          (ii) notifying complainants and the division regarding a decision to investigate or to
3812     decline to investigate a complaint;
3813          (iii) prioritizing workload;
3814          (iv) maximum time within which investigations shall be completed;
3815          (v) conducting investigations;
3816          (vi) notifying complainants and the division regarding the results of investigations; and
3817          (vii) making recommendations based on the findings and results of recommendations;
3818          (b) report findings and recommendations in writing to the complainant and the
3819     division, in accordance with the provisions of this section;
3820          (c) within appropriations from the Legislature, employ staff as may be necessary to
3821     carry out the ombudsman's duties under this part;
3822          (d) provide information regarding the role, duties, and functions of the ombudsman to
3823     public agencies, private entities, and individuals;
3824          (e) annually report to the:
3825          (i) Child Welfare Legislative Oversight Panel;
3826          (ii) governor;
3827          (iii) Division of Child and Family Services;
3828          (iv) executive director of the department; and
3829          (v) director of the division; and
3830          (f) as appropriate, make recommendations to the division regarding individual cases,
3831     and the rules, policies, and operations of the division.
3832          (5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
3833     notify the complainant and the division of that decision.
3834          (b) The ombudsman may advise a complainant to pursue all administrative remedies or
3835     channels of complaint before pursuing a complaint with the ombudsman. Subsequent to
3836     processing a complaint, the ombudsman may conduct further investigations upon the request of
3837     the complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes
3838     a complainant from making a complaint directly to the ombudsman before pursuing an
3839     administrative remedy.
3840          (c) If the ombudsman finds that an individual's act or omission violates state or federal

3841     criminal law, the ombudsman shall immediately report that finding to the appropriate county or
3842     district attorney or to the attorney general.
3843          (d) The ombudsman shall immediately notify the division if the ombudsman finds that
3844     a child needs protective custody, as that term is defined in Section [78A-6-105] 78A-6-301.
3845          (e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
3846     Reporting Requirements.
3847          (6) (a) All records of the ombudsman regarding individual cases shall be classified in
3848     accordance with federal law and the provisions of Title 63G, Chapter 2, Government Records
3849     Access and Management Act. The ombudsman may make public a report prepared pursuant to
3850     this section in accordance with the provisions of Title 63G, Chapter 2, Government Records
3851     Access and Management Act.
3852          (b) The ombudsman shall have access to all of the department's written and electronic
3853     records and databases, including those regarding individual cases. In accordance with Title
3854     63G, Chapter 2, Government Records Access and Management Act, all documents and
3855     information received by the ombudsman shall maintain the same classification that was
3856     designated by the department.
3857          (7) (a) The ombudsman shall prepare a written report of the findings and
3858     recommendations, if any, of each investigation.
3859          (b) The ombudsman shall make recommendations to the division if the ombudsman
3860     finds that:
3861          (i) a matter should be further considered by the division;
3862          (ii) an administrative act should be addressed, modified, or canceled;
3863          (iii) action should be taken by the division with regard to one of its employees; or
3864          (iv) any other action should be taken by the division.
3865          Section 32. Section 62A-4a-209 is amended to read:
3866          62A-4a-209. Emergency placement.
3867          (1) As used in this section:
3868          (a) "Friend" means the same as that term is defined in Subsection 78A-6-307(1)(a).
3869          (b) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
3870          (c) "Relative" means the same as that term is defined in Subsection 78A-6-307(1)(c).
3871          (2) The division may use an emergency placement under Subsection

3872     62A-4a-202.1(4)(b)(ii) when:
3873          (a) the case worker has made the determination that:
3874          (i) the child's home is unsafe;
3875          (ii) removal is necessary under the provisions of Section 62A-4a-202.1; and
3876          (iii) the child's custodial parent or guardian will agree to not remove the child from the
3877     home of the person that serves as the placement and not have any contact with the child until
3878     after the shelter hearing required by Section 78A-6-306;
3879          (b) a person, with preference being given in accordance with Subsection (4), can be
3880     identified who has the ability and is willing to provide care for the child who would otherwise
3881     be placed in shelter care, including:
3882          (i) taking the child to medical, mental health, dental, and educational appointments at
3883     the request of the division; and
3884          (ii) making the child available to division services and the guardian ad litem; and
3885          (c) the person described in Subsection (2)(b) agrees to care for the child on an
3886     emergency basis under the following conditions:
3887          (i) the person meets the criteria for an emergency placement under Subsection (3);
3888          (ii) the person agrees to not allow the custodial parent or guardian to have any contact
3889     with the child until after the shelter hearing unless authorized by the division in writing;
3890          (iii) the person agrees to contact law enforcement and the division if the custodial
3891     parent or guardian attempts to make unauthorized contact with the child;
3892          (iv) the person agrees to allow the division and the child's guardian ad litem to have
3893     access to the child;
3894          (v) the person has been informed and understands that the division may continue to
3895     search for other possible placements for long-term care, if needed;
3896          (vi) the person is willing to assist the custodial parent or guardian in reunification
3897     efforts at the request of the division, and to follow all court orders; and
3898          (vii) the child is comfortable with the person.
3899          (3) Except as otherwise provided in Subsection (5), before the division places a child
3900     in an emergency placement, the division:
3901          (a) may request the name of a reference and may contact the reference to determine the
3902     answer to the following questions:

3903          (i) would the person identified as a reference place a child in the home of the
3904     emergency placement; and
3905          (ii) are there any other relatives or friends to consider as a possible emergency or
3906     long-term placement for the child;
3907          (b) shall have the custodial parent or guardian sign an emergency placement agreement
3908     form during the investigation;
3909          (c) (i) if the emergency placement will be with a relative of the child, shall comply with
3910     the background check provisions described in Subsection (7); or
3911          (ii) if the emergency placement will be with a person other than a noncustodial parent
3912     or a relative, shall comply with the background check provisions described in Subsection (8)
3913     for adults living in the household where the child will be placed;
3914          (d) shall complete a limited home inspection of the home where the emergency
3915     placement is made; and
3916          (e) shall have the emergency placement approved by a family service specialist.
3917          (4) (a) The following order of preference shall be applied when determining the person
3918     with whom a child will be placed in an emergency placement described in this section,
3919     provided that the person is willing, and has the ability, to care for the child:
3920          (i) a noncustodial parent of the child in accordance with Section 78A-6-307;
3921          (ii) a relative of the child;
3922          (iii) subject to Subsection (4)(b), a friend designated by the custodial parent or
3923     guardian of the child; and
3924          (iv) a shelter facility, former foster placement, or other foster placement designated by
3925     the division.
3926          (b) Unless the division agrees otherwise, the custodial parent or guardian described in
3927     Subsection (4)(a)(iii) may designate up to two friends as a potential emergency placement.
3928          (5) (a) The division may, pending the outcome of the investigation described in
3929     Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
3930     parent if, based on a limited investigation, prior to making the emergency placement, the
3931     division:
3932          (i) determines that the noncustodial parent has regular, unsupervised visitation with the
3933     child that is not prohibited by law or court order;

3934          (ii) determines that there is not reason to believe that the child's health or safety will be
3935     endangered during the emergency placement; and
3936          (iii) has the custodial parent or guardian sign an emergency placement agreement.
3937          (b) Either before or after making an emergency placement with the noncustodial parent
3938     of the child, the division may conduct the investigation described in Subsection (3)(a) in
3939     relation to the noncustodial parent.
3940          (c) Before, or within one day, excluding weekends and holidays, after a child is placed
3941     in an emergency placement with the noncustodial parent of the child, the division shall conduct
3942     a limited:
3943          (i) background check of the noncustodial parent, pursuant to Subsection (7); and
3944          (ii) inspection of the home where the emergency placement is made.
3945          (6) After an emergency placement, the division caseworker must:
3946          (a) respond to the emergency placement's calls within one hour if the custodial parents
3947     or guardians attempt to make unauthorized contact with the child or attempt to remove the
3948     child;
3949          (b) complete all removal paperwork, including the notice provided to the custodial
3950     parents and guardians under Section 78A-6-306;
3951          (c) contact the attorney general to schedule a shelter hearing;
3952          (d) complete the placement procedures required in Section 78A-6-307; and
3953          (e) continue to search for other relatives as a possible long-term placement, if needed.
3954          (7) (a) The background check described in Subsection (3)(c)(i) shall include
3955     completion of:
3956          (i) a name-based, Utah Bureau of Criminal Identification background check; and
3957          (ii) a search of the Management Information System described in Section
3958     62A-4a-1003.
3959          (b) The division shall determine whether a person passes the background check
3960     described in this Subsection (7) pursuant to the provisions of Subsection 62A-2-120[(13)](14).
3961          (c) Notwithstanding Subsection (7)(b), the division may not place a child with an
3962     individual who is prohibited by court order from having access to that child.
3963          (8) (a) The background check described in Subsection (3)(c)(ii) shall include
3964     completion of:

3965          (i) a name-based, Utah Bureau of Criminal Identification background check;
3966          (ii) a federal name-based criminal background check; and
3967          (iii) a search of the Management Information System described in Section
3968     62A-4a-1003.
3969          (b) The division shall determine whether a person passes the background checks
3970     described in this Subsection (8) pursuant to the provisions of Subsection 62A-2-120.
3971          (c) If the division denies placement of a child as a result of a name-based criminal
3972     background check described in Subsection (8)(a), and the person contests that denial, the
3973     person shall submit a complete set of fingerprints with written permission to the Utah Bureau
3974     of Criminal Identification for submission to the Federal Bureau of Investigation for a
3975     fingerprint-based criminal background check.
3976          (d) (i) Within 15 calendar days of the name-based background checks, the division
3977     shall require a person to provide a complete set of fingerprints with written permission to the
3978     Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation
3979     for a fingerprint-based criminal background check.
3980          (ii) If a person fails to provide the fingerprints and written permission described in
3981     Subsection (8)(d)(i), the child shall immediately be removed from the home.
3982          Section 33. Section 62A-5-103.5 is amended to read:
3983          62A-5-103.5. Disbursal of public funds -- Background check of a direct service
3984     worker.
3985          (1) For purposes of this section, "office" means the same as that term is defined in
3986     Section 62A-2-101.
3987          (2) Public funds may not be disbursed to pay a direct service worker for personal
3988     services rendered to a person unless the office approves the direct service worker to have direct
3989     access and provide services to a child or a vulnerable adult pursuant to Section 62A-2-120.
3990          (3) For purposes of Subsection (2), the office shall conduct a background check of a
3991     direct service worker:
3992          (a) before public funds are disbursed to pay the direct service worker for the personal
3993     services described in Subsection (2); and
3994          (b) using the same procedures established for a background check of an applicant for a
3995     license under Section 62A-2-120.

3996          (4) A child who is in the legal custody of the department or any of the department's
3997     divisions may not be placed with a direct service worker unless, before the child is placed with
3998     the direct service worker, the direct service worker passes a background check, pursuant to the
3999     requirements of Subsection 62A-2-120[(13)](14).
4000          (5) If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
4001     Transit District Act, contracts with the division to provide services:
4002          (a) the provisions of this section are not applicable to a direct service worker employed
4003     by the public transit district; and
4004          (b) the division may not reimburse the public transit district for services provided
4005     unless a direct service worker hired or transferred internally after July 1, 2013, by the public
4006     transit district to drive a paratransit route:
4007          (i) is approved by the office to have direct access to children and vulnerable adults in
4008     accordance with Section 62A-2-120; and
4009          (ii) is subject to a background check established in a statute or rule governing a public
4010     transit district or other public transit district policy.
4011          Section 34. Section 62A-15-703 is amended to read:
4012          62A-15-703. Residential and inpatient settings -- Commitment proceeding --
4013     Child in physical custody of local mental health authority.
4014          (1) A child may receive services from a local mental health authority in an inpatient or
4015     residential setting only after a commitment proceeding, for the purpose of transferring physical
4016     custody, has been conducted in accordance with the requirements of this section.
4017          (2) That commitment proceeding shall be initiated by a petition for commitment, and
4018     shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant
4019     to the procedures and requirements of this section. If the findings described in Subsection (4)
4020     exist, the proceeding shall result in the transfer of physical custody to the appropriate local
4021     mental health authority, and the child may be placed in an inpatient or residential setting.
4022          (3) The neutral and detached fact finder who conducts the inquiry:
4023          (a) shall be a designated examiner, as defined in Subsection 62A-15-602(3); and
4024          (b) may not profit, financially or otherwise, from the commitment or physical
4025     placement of the child in that setting.
4026          (4) Upon determination by the fact finder that the following circumstances clearly

4027     exist, he may order that the child be committed to the physical custody of a local mental health
4028     authority:
4029          (a) the child has a mental illness, as defined in Subsection 62A-15-602[(8)](11);
4030          (b) the child demonstrates a risk of harm to himself or others;
4031          (c) the child is experiencing significant impairment in his ability to perform socially;
4032          (d) the child will benefit from care and treatment by the local mental health authority;
4033     and
4034          (e) there is no appropriate less-restrictive alternative.
4035          (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
4036     conducted in as informal manner as possible, and in a physical setting that is not likely to have
4037     a harmful effect on the child.
4038          (b) The child, the child's parent or legal guardian, the person who submitted the
4039     petition for commitment, and a representative of the appropriate local mental health authority
4040     shall all receive informal notice of the date and time of the proceeding. Those parties shall also
4041     be afforded an opportunity to appear and to address the petition for commitment.
4042          (c) The neutral and detached fact finder may, in his discretion, receive the testimony of
4043     any other person.
4044          (d) The fact finder may allow the child to waive his right to be present at the
4045     commitment proceeding, for good cause shown. If that right is waived, the purpose of the
4046     waiver shall be made a matter of record at the proceeding.
4047          (e) At the time of the commitment proceeding, the appropriate local mental health
4048     authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
4049     commitment proceeding, shall provide the neutral and detached fact finder with the following
4050     information, as it relates to the period of current admission:
4051          (i) the petition for commitment;
4052          (ii) the admission notes;
4053          (iii) the child's diagnosis;
4054          (iv) physicians' orders;
4055          (v) progress notes;
4056          (vi) nursing notes; and
4057          (vii) medication records.

4058          (f) The information described in Subsection (5)(e) shall also be provided to the child's
4059     parent or legal guardian upon written request.
4060          (g) (i) The neutral and detached fact finder's decision of commitment shall state the
4061     duration of the commitment. Any commitment to the physical custody of a local mental health
4062     authority may not exceed 180 days. Prior to expiration of the commitment, and if further
4063     commitment is sought, a hearing shall be conducted in the same manner as the initial
4064     commitment proceeding, in accordance with the requirements of this section.
4065          (ii) When a decision for commitment is made, the neutral and detached fact finder shall
4066     inform the child and his parent or legal guardian of that decision, and of the reasons for
4067     ordering commitment at the conclusion of the hearing, and also in writing.
4068          (iii) The neutral and detached fact finder shall state in writing the basis of his decision,
4069     with specific reference to each of the criteria described in Subsection (4), as a matter of record.
4070          (6) Absent the procedures and findings required by this section, a child may be
4071     temporarily committed to the physical custody of a local mental health authority only in
4072     accordance with the emergency procedures described in Subsection 62A-15-629(1) or (2). A
4073     child temporarily committed in accordance with those emergency procedures may be held for a
4074     maximum of 72 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of
4075     that time period, the child shall be released unless the procedures and findings required by this
4076     section have been satisfied.
4077          (7) A local mental health authority shall have physical custody of each child committed
4078     to it under this section. The parent or legal guardian of a child committed to the physical
4079     custody of a local mental health authority under this section, retains legal custody of the child,
4080     unless legal custody has been otherwise modified by a court of competent jurisdiction. In cases
4081     when the Division of Child and Family Services or the Division of Juvenile Justice Services
4082     has legal custody of a child, that division shall retain legal custody for purposes of this part.
4083          (8) The cost of caring for and maintaining a child in the physical custody of a local
4084     mental health authority shall be assessed to and paid by the child's parents, according to their
4085     ability to pay. For purposes of this section, the Division of Child and Family Services or the
4086     Division of Juvenile Justice Services shall be financially responsible, in addition to the child's
4087     parents, if the child is in the legal custody of either of those divisions at the time the child is
4088     committed to the physical custody of a local mental health authority under this section, unless

4089     Medicaid regulation or contract provisions specify otherwise. The Office of Recovery Services
4090     shall assist those divisions in collecting the costs assessed pursuant to this section.
4091          (9) Whenever application is made for commitment of a minor to a local mental health
4092     authority under any provision of this section by a person other than the child's parent or
4093     guardian, the local mental health authority or its designee shall notify the child's parent or
4094     guardian. The parents shall be provided sufficient time to prepare and appear at any scheduled
4095     proceeding.
4096          (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
4097     days after any order for commitment. The appeal may be brought on the child's own petition,
4098     or that of his parent or legal guardian, to the juvenile court in the district where the child
4099     resides or is currently physically located. With regard to a child in the custody of the Division
4100     of Child and Family Services or the Division of Juvenile Justice Services, the attorney general's
4101     office shall handle the appeal, otherwise the appropriate county attorney's office is responsible
4102     for appeals brought pursuant to this Subsection (10)(a).
4103          (b) Upon receipt of the petition for appeal, the court shall appoint a designated
4104     examiner previously unrelated to the case, to conduct an examination of the child in accordance
4105     with the criteria described in Subsection (4), and file a written report with the court. The court
4106     shall then conduct an appeal hearing to determine whether the findings described in Subsection
4107     (4) exist by clear and convincing evidence.
4108          (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
4109     its designee, or the mental health professional who has been in charge of the child's care prior
4110     to commitment, shall provide the court and the designated examiner for the appeal hearing with
4111     the following information, as it relates to the period of current admission:
4112          (i) the original petition for commitment;
4113          (ii) admission notes;
4114          (iii) diagnosis;
4115          (iv) physicians' orders;
4116          (v) progress notes;
4117          (vi) nursing notes; and
4118          (vii) medication records.
4119          (d) Both the neutral and detached fact finder and the designated examiner appointed for

4120     the appeal hearing shall be provided with an opportunity to review the most current
4121     information described in Subsection (10)(c) prior to the appeal hearing.
4122          (e) The child, his parent or legal guardian, the person who submitted the original
4123     petition for commitment, and a representative of the appropriate local mental health authority
4124     shall be notified by the court of the date and time of the appeal hearing. Those persons shall be
4125     afforded an opportunity to appear at the hearing. In reaching its decision, the court shall review
4126     the record and findings of the neutral and detached fact finder, the report of the designated
4127     examiner appointed pursuant to Subsection (10)(b), and may, in its discretion, allow or require
4128     the testimony of the neutral and detached fact finder, the designated examiner, the child, the
4129     child's parent or legal guardian, the person who brought the initial petition for commitment, or
4130     any other person whose testimony the court deems relevant. The court may allow the child to
4131     waive his right to appear at the appeal hearing, for good cause shown. If that waiver is granted,
4132     the purpose shall be made a part of the court's record.
4133          (11) Each local mental health authority has an affirmative duty to conduct periodic
4134     evaluations of the mental health and treatment progress of every child committed to its physical
4135     custody under this section, and to release any child who has sufficiently improved so that the
4136     criteria justifying commitment no longer exist.
4137          (12) (a) A local mental health authority or its designee, in conjunction with the child's
4138     current treating mental health professional may release an improved child to a less restrictive
4139     environment, as they determine appropriate. Whenever the local mental health authority or its
4140     designee, and the child's current treating mental health professional, determine that the
4141     conditions justifying commitment no longer exist, the child shall be discharged and released to
4142     his parent or legal guardian. With regard to a child who is in the physical custody of the State
4143     Hospital, the treating psychiatrist or clinical director of the State Hospital shall be the child's
4144     current treating mental health professional.
4145          (b) A local mental health authority or its designee, in conjunction with the child's
4146     current treating mental health professional, is authorized to issue a written order for the
4147     immediate placement of a child not previously released from an order of commitment into a
4148     more restrictive environment, if the local authority or its designee and the child's current
4149     treating mental health professional has reason to believe that the less restrictive environment in
4150     which the child has been placed is exacerbating his mental illness, or increasing the risk of

4151     harm to himself or others.
4152          (c) The written order described in Subsection (12)(b) shall include the reasons for
4153     placement in a more restrictive environment and shall authorize any peace officer to take the
4154     child into physical custody and transport him to a facility designated by the appropriate local
4155     mental health authority in conjunction with the child's current treating mental health
4156     professional. Prior to admission to the more restrictive environment, copies of the order shall
4157     be personally delivered to the child, his parent or legal guardian, the administrator of the more
4158     restrictive environment, or his designee, and the child's former treatment provider or facility.
4159          (d) If the child has been in a less restrictive environment for more than 30 days and is
4160     aggrieved by the change to a more restrictive environment, the child or his representative may
4161     request a review within 30 days of the change, by a neutral and detached fact finder as
4162     described in Subsection (3). The fact finder shall determine whether:
4163          (i) the less restrictive environment in which the child has been placed is exacerbating
4164     his mental illness, or increasing the risk of harm to himself or others; or
4165          (ii) the less restrictive environment in which the child has been placed is not
4166     exacerbating his mental illness, or increasing the risk of harm to himself or others, in which
4167     case the fact finder shall designate that the child remain in the less restrictive environment.
4168          (e) Nothing in this section prevents a local mental health authority or its designee, in
4169     conjunction with the child's current mental health professional, from discharging a child from
4170     commitment or from placing a child in an environment that is less restrictive than that
4171     designated by the neutral and detached fact finder.
4172          (13) Each local mental health authority or its designee, in conjunction with the child's
4173     current treating mental health professional shall discharge any child who, in the opinion of that
4174     local authority, or its designee, and the child's current treating mental health professional, no
4175     longer meets the criteria specified in Subsection (4), except as provided by Section 78A-6-120.
4176     The local authority and the mental health professional shall assure that any further supportive
4177     services required to meet the child's needs upon release will be provided.
4178          (14) Even though a child has been committed to the physical custody of a local mental
4179     health authority pursuant to this section, the child is still entitled to additional due process
4180     proceedings, in accordance with Section 62A-15-704, before any treatment which may affect a
4181     constitutionally protected liberty or privacy interest is administered. Those treatments include,

4182     but are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
4183          Section 35. Section 63A-5-602 is amended to read:
4184          63A-5-602. Appropriation for energy efficiency measures.
4185          (1) For purposes of this part:
4186          (a) "Energy efficiency measures" [is as] means the same as that term is defined in
4187     Section 63A-5-701.
4188          (b) "Energy savings" means money not expended by a state agency as the result of
4189     energy efficiency measures.
4190          (c) "State agency" [is as] means the same as that term is defined in Section 63A-5-701.
4191          (2) Except as provided under Subsection (4) and subject to future budget constraints,
4192     the Legislature may not remove energy savings from a state agency's appropriation.
4193          (3) A state agency shall use energy savings to:
4194          (a) fund the cost of the energy efficiency measures; and
4195          (b) if funds are available after meeting the requirements of Subsection (3)(a), fund and
4196     implement new energy efficiency measures.
4197          (4) The Legislature may remove energy savings if:
4198          (a) a state agency has complied with Subsection (3)(a); and
4199          (b) no cost effective new energy efficiency measure is available for implementation.
4200          (5) A state agency may consult with the State Building Energy Efficiency Program
4201     manager in the Division of Facilities [and] Construction and Management regarding:
4202          (a) the cost effectiveness of energy efficiency measures; and
4203          (b) ways to measure energy savings that take into account fluctuations in energy costs
4204     and temperature.
4205          Section 36. Section 63E-1-102 is amended to read:
4206          63E-1-102. Definitions -- List of independent entities.
4207          As used in this title:
4208          (1) "Authorizing statute" means the statute creating an entity as an independent entity.
4209          (2) "Committee" means the Retirement and Independent Entities Committee created by
4210     Section 63E-1-201.
4211          (3) "Independent corporation" means a corporation incorporated in accordance with
4212     Chapter 2, Independent Corporations Act.

4213          (4) (a) "Independent entity" means an entity having a public purpose relating to the
4214     state or its citizens that is individually created by the state or is given by the state the right to
4215     exist and conduct its affairs as an:
4216          (i) independent state agency; or
4217          (ii) independent corporation.
4218          (b) "Independent entity" includes the:
4219          (i) Utah Dairy Commission created by Section 4-22-2;
4220          (ii) Heber Valley Historic Railroad Authority created by Section 63H-4-102;
4221          (iii) Utah State Railroad Museum Authority created by Section 63H-5-102;
4222          (iv) Utah Housing Corporation created by Section 63H-8-201;
4223          (v) Utah State Fair Corporation created by Section 63H-6-103;
4224          (vi) Workers' Compensation Fund created by Section 31A-33-102;
4225          (vii) Utah State Retirement Office created by Section 49-11-201;
4226          (viii) School and Institutional Trust Lands Administration created by Section
4227     53C-1-201;
4228          (ix) School and Institutional Trust Fund Office created by Section 53D-1-201;
4229          (x) Utah Communications Authority created by Section [63N-6-201] 63H-7a-201;
4230          (xi) Utah Energy Infrastructure Authority created by Section 63H-2-201;
4231          (xii) Utah Capital Investment Corporation created by Section 63N-6-301; and
4232          (xiii) Military Installation Development Authority created by Section 63H-1-201.
4233          (c) Notwithstanding this Subsection (4), "independent entity" does not include:
4234          (i) the Public Service Commission of Utah created by Section 54-1-1;
4235          (ii) an institution within the state system of higher education;
4236          (iii) a city, county, or town;
4237          (iv) a local school district;
4238          (v) a local district under Title 17B, Limited Purpose Local Government Entities - Local
4239     Districts; or
4240          (vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
4241          (5) "Independent state agency" means an entity that is created by the state, but is
4242     independent of the governor's direct supervisory control.
4243          (6) "Money held in trust" means money maintained for the benefit of:

4244          (a) one or more private individuals, including public employees;
4245          (b) one or more public or private entities; or
4246          (c) the owners of a quasi-public corporation.
4247          (7) "Public corporation" means an artificial person, public in ownership, individually
4248     created by the state as a body politic and corporate for the administration of a public purpose
4249     relating to the state or its citizens.
4250          (8) "Quasi-public corporation" means an artificial person, private in ownership,
4251     individually created as a corporation by the state, which has accepted from the state the grant of
4252     a franchise or contract involving the performance of a public purpose relating to the state or its
4253     citizens.
4254          Section 37. Section 63G-3-201 is amended to read:
4255          63G-3-201. When rulemaking is required.
4256          (1) Each agency shall:
4257          (a) maintain a current version of its rules; and
4258          (b) make it available to the public for inspection during its regular business hours.
4259          (2) In addition to other rulemaking required by law, each agency shall make rules when
4260     agency action:
4261          (a) authorizes, requires, or prohibits an action;
4262          (b) provides or prohibits a material benefit;
4263          (c) applies to a class of persons or another agency; and
4264          (d) is explicitly or implicitly authorized by statute.
4265          (3) Rulemaking is also required when an agency issues a written interpretation of a
4266     state or federal legal mandate.
4267          (4) Rulemaking is not required when:
4268          (a) agency action applies only to internal agency management, inmates or residents of a
4269     state correctional, diagnostic, or detention facility, persons under state legal custody, patients
4270     admitted to a state hospital, members of the state retirement system, or students enrolled in a
4271     state education institution;
4272          (b) a standardized agency manual applies only to internal fiscal or administrative
4273     details of governmental entities supervised under statute;
4274          (c) an agency issues policy or other statements that are advisory, informative, or

4275     descriptive, and do not conform to the requirements of Subsections (2) and (3); or
4276          (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file
4277     all nonsubstantive changes in a rule with the office.
4278          (5) (a) A rule shall enumerate any penalty authorized by statute that may result from its
4279     violation, subject to Subsections (5)(b) and (c).
4280          (b) A violation of a rule may not be subject to the criminal penalty of a class C
4281     misdemeanor or greater offense, except as provided under Subsection (5)(c).
4282          (c) A violation of a rule may be subject to a class C misdemeanor or greater criminal
4283     penalty under Subsection (5)(a) when:
4284          (i) authorized by a specific state statute;
4285          (ii) a state law and programs under that law are established in order for the state to
4286     obtain or maintain primacy over a federal program; or
4287          (iii) state civil or criminal penalties established by state statute regarding the program
4288     are equivalent to or less than corresponding federal civil or criminal penalties.
4289          (6) Each agency shall enact rules incorporating the principles of law not already in its
4290     rules that are established by final adjudicative decisions within 120 days after the decision is
4291     announced in its cases.
4292          (7) (a) Each agency may enact a rule that incorporates by reference:
4293          (i) all or any part of another code, rule, or regulation that has been adopted by a federal
4294     agency, an agency or political subdivision of this state, an agency of another state, or by a
4295     nationally recognized organization or association;
4296          (ii) state agency implementation plans mandated by the federal government for
4297     participation in the federal program;
4298          (iii) lists, tables, illustrations, or similar materials that are subject to frequent change,
4299     fully described in the rule, and are available for public inspection; or
4300          (iv) lists, tables, illustrations, or similar materials that the executive director or the
4301     executive director's designee determines are too expensive to reproduce in the administrative
4302     code.
4303          (b) Rules incorporating materials by reference shall:
4304          (i) be enacted according to the procedures outlined in this chapter;
4305          (ii) state that the referenced material is incorporated by reference;

4306          (iii) state the date, issue, or version of the material being incorporated; and
4307          (iv) define specifically what material is incorporated by reference and identify any
4308     agency deviations from it.
4309          (c) The agency shall identify any substantive changes in the material incorporated by
4310     reference by following the rulemaking procedures of this chapter.
4311          (d) The agency shall maintain a complete and current copy of the referenced material
4312     available for public review at the agency and at the office.
4313          (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within
4314     the limits prescribed by statute or agency rule.
4315          (b) An agency may enact a rule creating a justified exception to a rule.
4316          (9) An agency may obtain assistance from the attorney general to ensure that its rules
4317     meet legal and constitutional requirements.
4318          Section 38. Section 63G-3-601 is amended to read:
4319          63G-3-601. Interested parties -- Petition for agency action.
4320          (1) As used in this section, "initiate rulemaking proceedings" means the filing, for the
4321     purposes of publication in accordance with Subsection 63G-3-301(4), of an agency's proposed
4322     rule to implement a petition for the making, amendment, or repeal of a rule as provided in this
4323     section.
4324          (2) An interested person may petition an agency to request the making, amendment, or
4325     repeal of a rule.
4326          (3) The [division] department shall prescribe by rule the form for petitions and the
4327     procedure for their submission, consideration, and disposition.
4328          (4) A statement shall accompany the proposed rule, or proposed amendment or repeal
4329     of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and
4330     appropriate to the powers of the agency.
4331          (5) Within 60 days after submission of a petition, the agency shall either deny the
4332     petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings.
4333          (6) (a) If the petition is submitted to a board that has been granted rulemaking authority
4334     by the Legislature, the board shall, within 45 days of the submission of the petition, place the
4335     petition on its agenda for review.
4336          (b) Within 80 days of the submission of the petition, the board shall either:

4337          (i) deny the petition in writing stating its reasons for denial; or
4338          (ii) initiate rulemaking proceedings.
4339          (7) If the agency or board has not provided the petitioner written notice that the agency
4340     has denied the petition or initiated rulemaking proceedings within the time limitations specified
4341     in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state
4342     district court.
4343          Section 39. Section 63G-6a-103 is amended to read:
4344          63G-6a-103. Definitions.
4345          As used in this chapter:
4346          (1) "Administrative law judge" means the same as that term is defined in Section
4347     67-19e-102.
4348          (2) "Administrative law judge service" means service provided by an administrative
4349     law judge.
4350          (3) "Applicable rulemaking authority" means:
4351          (a) for a legislative procurement unit, the Legislative Management Committee;
4352          (b) for a judicial procurement unit, the Judicial Council;
4353          (c) (i) only to the extent of the procurement authority expressly granted to the
4354     procurement unit by statute:
4355          (A) for the building board or the Division of Facilities Construction and Management,
4356     created in Section 63A-5-201, the building board;
4357          (B) for the Office of the Attorney General, the attorney general; and
4358          (C) for the Department of Transportation created in Section 72-1-201, the executive
4359     director of the Department of Transportation; and
4360          (ii) for each other executive branch procurement unit, the board;
4361          (d) for a local government procurement unit:
4362          (i) the legislative body of the local government procurement unit; or
4363          (ii) an individual or body designated by the legislative body of the local government
4364     procurement unit;
4365          (e) for a school district or a public school, the board, except to the extent of a school
4366     district's own nonadministrative rules that do not conflict with the provisions of this chapter;
4367          (f) for a state institution of higher education, the State Board of Regents;

4368          (g) for a public transit district, the chief executive of the public transit district;
4369          (h) for a local district other than a public transit district or for a special service district:
4370          (i) before January 1, 2015, the board of trustees of the local district or the governing
4371     body of the special service district; or
4372          (ii) on or after January 1, 2015, the board, except to the extent that the board of trustees
4373     of the local district or the governing body of the special service district makes its own rules:
4374          (A) with respect to a subject addressed by board rules; or
4375          (B) that are in addition to board rules; or
4376          (i) for any other procurement unit, the board.
4377          (4) "Approved vendor" means a vendor who has been approved through the approved
4378     vendor list process.
4379          (5) "Approved vendor list" means a list of approved vendors established under Section
4380     63G-6a-507.
4381          (6) "Approved vendor list process" means the procurement process described in
4382     Section 63G-6a-507.
4383          (7) "Bidder" means a person who submits a bid or price quote in response to an
4384     invitation for bids.
4385          (8) "Bidding process" means the procurement process described in Part 6, Bidding.
4386          (9) "Board" means the Utah State Procurement Policy Board, created in Section
4387     63G-6a-202.
4388          (10) "Building board" means the State Building Board, created in Section 63A-5-101.
4389          (11) "Change directive" means a written order signed by the procurement officer that
4390     directs the contractor to suspend work or make changes, as authorized by contract, without the
4391     consent of the contractor.
4392          (12) "Change order" means a written alteration in specifications, delivery point, rate of
4393     delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
4394     agreement of the parties to the contract.
4395          (13) "Chief procurement officer" means the chief procurement officer appointed under
4396     Subsection 63G-6a-302(1).
4397          (14) "Conducting procurement unit" means a procurement unit that conducts all
4398     aspects of a procurement:

4399          (a) except:
4400          (i) reviewing a solicitation to verify that it is in proper form; and
4401          (ii) causing the publication of a notice of a solicitation; and
4402          (b) including:
4403          (i) preparing any solicitation document;
4404          (ii) appointing an evaluation committee;
4405          (iii) conducting the evaluation process, except as provided in Subsection
4406     63G-6a-707(6)(b) relating to scores calculated for costs of proposals;
4407          (iv) selecting and recommending the person to be awarded a contract;
4408          (v) negotiating the terms and conditions of a contract, subject to the issuing
4409     procurement unit's approval; and
4410          (vi) contract administration.
4411          (15) "Conservation district" means the same as that term is defined in Section
4412     17D-3-102.
4413          (16) "Construction":
4414          (a) means services, including work, and supplies for a project for the construction,
4415     renovation, alteration, improvement, or repair of a public facility on real property; and
4416          (b) does not include services and supplies for the routine, day-to-day operation, repair,
4417     or maintenance of an existing public facility.
4418          (17) "Construction manager/general contractor":
4419          (a) means a contractor who enters into a contract:
4420          (i) for the management of a construction project; and
4421          (ii) that allows the contractor to subcontract for additional labor and materials that are
4422     not included in the contractor's cost proposal submitted at the time of the procurement of the
4423     contractor's services; and
4424          (b) does not include a contractor whose only subcontract work not included in the
4425     contractor's cost proposal submitted as part of the procurement of the contractor's services is to
4426     meet subcontracted portions of change orders approved within the scope of the project.
4427          (18) "Contract" means an agreement for a procurement.
4428          (19) "Contract administration" means all functions, duties, and responsibilities
4429     associated with managing, overseeing, and carrying out a contract between a procurement unit

4430     and a contractor, including:
4431          (a) implementing the contract;
4432          (b) ensuring compliance with the contract terms and conditions by the conducting
4433     procurement unit and the contractor;
4434          (c) executing change orders;
4435          (d) processing contract amendments;
4436          (e) resolving, to the extent practicable, contract disputes;
4437          (f) curing contract errors and deficiencies;
4438          (g) terminating a contract;
4439          (h) measuring or evaluating completed work and contractor performance;
4440          (i) computing payments under the contract; and
4441          (j) closing out a contract.
4442          (20) "Contractor" means a person who is awarded a contract with a procurement unit.
4443          (21) "Cooperative procurement" means procurement conducted by, or on behalf of:
4444          (a) more than one procurement unit; or
4445          (b) a procurement unit and a cooperative purchasing organization.
4446          (22) "Cooperative purchasing organization" means an organization, association, or
4447     alliance of purchasers established to combine purchasing power in order to obtain the best
4448     value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
4449          (23) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
4450     contractor is paid a percentage of the total actual expenses or costs in addition to the
4451     contractor's actual expenses or costs.
4452          (24) "Cost-reimbursement contract" means a contract under which a contractor is
4453     reimbursed for costs which are allowed and allocated in accordance with the contract terms and
4454     the provisions of this chapter, and a fee, if any.
4455          (25) "Days" means calendar days, unless expressly provided otherwise.
4456          (26) "Definite quantity contract" means a fixed price contract that provides for a
4457     specified amount of supplies over a specified period, with deliveries scheduled according to a
4458     specified schedule.
4459          (27) "Design-build" means the procurement of design professional services and
4460     construction by the use of a single contract.

4461          (28) "Design professional" means:
4462          (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
4463     Licensing Act; or
4464          (b) an individual licensed as a professional engineer or professional land surveyor
4465     under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
4466     Act.
4467          (29) "Design professional procurement process" means the procurement process
4468     described in Part 15, Design Professional Services.
4469          (30) "Design professional services" means:
4470          (a) professional services within the scope of the practice of architecture as defined in
4471     Section 58-3a-102;
4472          (b) professional engineering as defined in Section 58-22-102; or
4473          (c) master planning and programming services.
4474          (31) "Director" means the director of the division.
4475          (32) "Division" means the Division of Purchasing and General Services, created in
4476     Section 63A-2-101.
4477          (33) "Educational procurement unit" means:
4478          (a) a school district;
4479          (b) a public school, including a local school board and a charter school;
4480          (c) the Utah Schools for the Deaf and Blind;
4481          (d) the Utah Education and Telehealth Network; or
4482          (e) an institution of higher education of the state.
4483          (34) "Established catalogue price" means the price included in a catalogue, price list,
4484     schedule, or other form that:
4485          (a) is regularly maintained by a manufacturer or contractor;
4486          (b) is published or otherwise available for inspection by customers; and
4487          (c) states prices at which sales are currently or were last made to a significant number
4488     of any category of buyers or buyers constituting the general buying public for the supplies or
4489     services involved.
4490          (35) "Executive branch procurement unit" means a department, division, office,
4491     bureau, agency, or other organization within the state executive branch.

4492          (36) "Fixed price contract" means a contract that provides a price, for each
4493     procurement item obtained under the contract, that is not subject to adjustment except to the
4494     extent that:
4495          (a) the contract provides, under circumstances specified in the contract, for an
4496     adjustment in price that is not based on cost to the contractor; or
4497          (b) an adjustment is required by law.
4498          (37) "Fixed price contract with price adjustment" means a fixed price contract that
4499     provides for an upward or downward revision of price, precisely described in the contract, that:
4500          (a) is based on the consumer price index or another commercially acceptable index,
4501     source, or formula; and
4502          (b) is not based on a percentage of the cost to the contractor.
4503          (38) "Grant" means an expenditure of public funds or other assistance, or an agreement
4504     to expend public funds or other assistance, for a public purpose authorized by law, without
4505     acquiring a procurement item in exchange.
4506          (39) "Head of a procurement unit" means:
4507          (a) for a legislative procurement unit, any person designated by rule made by the
4508     applicable rulemaking authority;
4509          (b) for an executive branch procurement unit:
4510          (i) the director of the division; or
4511          (ii) any other person designated by the board, by rule;
4512          (c) for a judicial procurement unit:
4513          (i) the Judicial Council; or
4514          (ii) any other person designated by the Judicial Council, by rule;
4515          (d) for a local government procurement unit:
4516          (i) the legislative body of the local government procurement unit; or
4517          (ii) any other person designated by the local government procurement unit;
4518          (e) for a local district other than a public transit district, the board of trustees of the
4519     local district or a designee of the board of trustees;
4520          (f) for a special service district, the governing body of the special service district or a
4521     designee of the governing body;
4522          (g) for a local building authority, the board of directors of the local building authority or

4523     a designee of the board of directors;
4524          (h) for a conservation district, the board of supervisors of the conservation district or a
4525     designee of the board of supervisors;
4526          (i) for a public corporation, the board of directors of the public corporation or a
4527     designee of the board of directors;
4528          (j) for a school district or any school or entity within a school district, the board of the
4529     school district, or the board's designee;
4530          (k) for a charter school, the individual or body with executive authority over the charter
4531     school, or the individual's or body's designee;
4532          (l) for an institution of higher education of the state, the president of the institution of
4533     higher education, or the president's designee; or
4534          (m) for a public transit district, the board of trustees or a designee of the board of
4535     trustees.
4536          (40) "Immaterial error":
4537          (a) means an irregularity or abnormality that is:
4538          (i) a matter of form that does not affect substance; or
4539          (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
4540     or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
4541          (b) includes:
4542          (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
4543     professional license, bond, or insurance certificate;
4544          (ii) a typographical error;
4545          (iii) an error resulting from an inaccuracy or omission in the solicitation; and
4546          (iv) any other error that the chief procurement officer or the head of a procurement unit
4547     with independent procurement authority reasonably considers to be immaterial.
4548          (41) "Indefinite quantity contract" means a fixed price contract that:
4549          (a) is for an indefinite amount of procurement items to be supplied as ordered by a
4550     procurement unit; and
4551          (b) (i) does not require a minimum purchase amount; or
4552          (ii) provides a maximum purchase limit.
4553          (42) "Independent procurement authority" means authority granted to a procurement

4554     unit under Subsection 63G-6a-106(4)(a).
4555          (43) "Invitation for bids":
4556          (a) means a document used to solicit:
4557          (i) bids to provide a procurement item to a procurement unit; or
4558          (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
4559          (b) includes all documents attached to or incorporated by reference in a document
4560     described in Subsection (43)(a).
4561          (44) "Issuing procurement unit" means a procurement unit that:
4562          (a) reviews a solicitation to verify that it is in proper form;
4563          (b) causes the notice of a solicitation to be published; and
4564          (c) negotiates and approves the terms and conditions of a contract.
4565          (45) "Judicial procurement unit" means:
4566          (a) the Utah Supreme Court;
4567          (b) the Utah Court of Appeals;
4568          (c) the Judicial Council;
4569          (d) a state judicial district; or
4570          (e) an office, committee, subcommittee, or other organization within the state judicial
4571     branch.
4572          (46) "Labor hour contract" is a contract under which:
4573          (a) the supplies and materials are not provided by, or through, the contractor; and
4574          (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
4575     profit for a specified number of labor hours or days.
4576          (47) "Legislative procurement unit" means:
4577          (a) the Legislature;
4578          (b) the Senate;
4579          (c) the House of Representatives;
4580          (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
4581          (e) an office, committee, subcommittee, commission, or other organization within the
4582     state legislative branch.
4583          (48) "Local building authority" means the same as that term is defined in Section
4584     17D-2-102.

4585          (49) "Local district" means the same as that term is defined in Section 17B-1-102.
4586          (50) "Local government procurement unit" means:
4587          (a) a county or municipality, and each office or agency of the county or municipality,
4588     unless the county or municipality adopts its own procurement code by ordinance;
4589          (b) a county or municipality that has adopted this entire chapter by ordinance, and each
4590     office or agency of that county or municipality; or
4591          (c) a county or municipality that has adopted a portion of this chapter by ordinance, to
4592     the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
4593     office or agency of that county or municipality.
4594          (51) "Multiple award contracts" means the award of a contract for an indefinite
4595     quantity of a procurement item to more than one bidder or offeror.
4596          (52) "Multiyear contract" means a contract that extends beyond a one-year period,
4597     including a contract that permits renewal of the contract, without competition, beyond the first
4598     year of the contract.
4599          (53) "Municipality" means a city, town, or metro township.
4600          (54) "Nonadopting local government procurement unit" means:
4601          (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
4602     Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
4603     General Provisions Related to Protest or Appeal; and
4604          (b) each office or agency of a county or municipality described in Subsection (54)(a).
4605          (55) "Offeror" means a person who submits a proposal in response to a request for
4606     proposals.
4607          (56) "Person" means the same as that term is defined in Section 68-3-12.5, excluding a
4608     political subdivision and a government office, department, division, bureau, or other body of
4609     government.
4610          (57) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
4611     under the requirements of this chapter.
4612          (58) "Procure" means to acquire a procurement item through a procurement.
4613          (59) "Procurement":
4614          (a) means a procurement unit's acquisition of a procurement item through an
4615     expenditure of public funds, or an agreement to expend public funds;

4616          (b) includes all functions that pertain to the acquisition of a procurement item,
4617     including:
4618          (i) preparing and issuing a solicitation; and
4619          (ii) (A) conducting a standard procurement process; or
4620          (B) conducting a procurement process that is an exception to a standard procurement
4621     process under Part 8, Exceptions to Procurement Requirements; and
4622          (c) does not include a grant.
4623          (60) "Procurement item" means a supply, a service, or construction.
4624          (61) "Procurement officer" means:
4625          (a) for a procurement unit with independent procurement authority:
4626          (i) the head of the procurement unit;
4627          (ii) a designee of the head of the procurement unit; or
4628          (iii) a person designated by rule made by the applicable rulemaking authority; or
4629          (b) for the division or a procurement unit without independent procurement authority,
4630     the chief procurement officer.
4631          (62) "Procurement unit":
4632          (a) means:
4633          (i) a legislative procurement unit;
4634          (ii) an executive branch procurement unit;
4635          (iii) a judicial procurement unit;
4636          (iv) an educational procurement unit;
4637          (v) a local government procurement unit;
4638          (vi) a local district;
4639          (vii) a special service district;
4640          (viii) a local building authority;
4641          (ix) a conservation district;
4642          (x) a public corporation; or
4643          (xi) a public transit district; and
4644          (b) does not include a political subdivision created under Title 11, Chapter 13,
4645     Interlocal Cooperation Act.
4646          (63) "Professional service" means labor, effort, or work that requires an elevated

4647     degree of specialized knowledge and discretion, including labor, effort, or work in the field of:
4648          (a) accounting;
4649          (b) administrative law judge service;
4650          [(b)] (c) architecture;
4651          [(c)] (d) construction design and management;
4652          [(d)] (e) engineering;
4653          [(e)] (f) financial services;
4654          [(f)] (g) information technology;
4655          [(g)] (h) the law;
4656          [(h)] (i) medicine;
4657          [(i)] (j) psychiatry; or
4658          [(j)] (k) underwriting.
4659          (64) "Protest officer" means:
4660          (a) for the division or a procurement unit with independent procurement authority:
4661          (i) the head of the procurement unit;
4662          (ii) a designee of the head of the procurement unit; or
4663          (iii) a person designated by rule made by the applicable rulemaking authority; or
4664          (b) for a procurement unit without independent procurement authority, the chief
4665     procurement officer or the chief procurement officer's designee.
4666          (65) "Public corporation" means the same as that term is defined in Section 63E-1-102.
4667          (66) "Public entity" means any government entity of the state or political subdivision of
4668     the state, including:
4669          (a) a procurement unit;
4670          (b) a municipality or county, regardless of whether the municipality or county has
4671     adopted this chapter or any part of this chapter; and
4672          (c) any other government entity located in the state that expends public funds.
4673          (67) "Public facility" means a building, structure, infrastructure, improvement, or other
4674     facility of a public entity.
4675          (68) "Public funds" means money, regardless of its source, including from the federal
4676     government, that is owned or held by a procurement unit.
4677          (69) "Public transit district" means a public transit district organized under Title 17B,

4678     Chapter 2a, Part 8, Public Transit District Act.
4679          (70) "Qualified vendor" means a vendor who:
4680          (a) is responsible; and
4681          (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
4682     meets the minimum mandatory requirements, evaluation criteria, and any applicable score
4683     thresholds set forth in the request for statement of qualifications.
4684          (71) "Real property" means land and any building, fixture, improvement, appurtenance,
4685     structure, or other development that is permanently affixed to land.
4686          (72) "Request for information" means a nonbinding process through which a
4687     procurement unit requests information relating to a procurement item.
4688          (73) "Request for proposals" means a document used to solicit proposals to provide a
4689     procurement item to a procurement unit, including all other documents that are attached to that
4690     document or incorporated in that document by reference.
4691          (74) "Request for proposals process" means the procurement process described in Part
4692     7, Request for Proposals.
4693          (75) "Request for statement of qualifications" means a document used to solicit
4694     information about the qualifications of a person interested in responding to a potential
4695     procurement, including all other documents attached to that document or incorporated in that
4696     document by reference.
4697          (76) "Requirements contract" means a contract:
4698          (a) under which a contractor agrees to provide a procurement unit's entire requirements
4699     for certain procurement items at prices specified in the contract during the contract period; and
4700          (b) that:
4701          (i) does not require a minimum purchase amount; or
4702          (ii) provides a maximum purchase limit.
4703          (77) "Responsible" means being capable, in all respects, of:
4704          (a) meeting all the requirements of a solicitation; and
4705          (b) fully performing all the requirements of the contract resulting from the solicitation,
4706     including being financially solvent with sufficient financial resources to perform the contract.
4707          (78) "Responsive" means conforming in all material respects to the requirements of a
4708     solicitation.

4709          (79) "Sealed" means manually or electronically secured to prevent disclosure.
4710          (80) "Service":
4711          (a) means labor, effort, or work to produce a result that is beneficial to a procurement
4712     unit;
4713          (b) includes a professional service; and
4714          (c) does not include labor, effort, or work provided under an employment agreement or
4715     a collective bargaining agreement.
4716          (81) "Small purchase process" means the procurement process described in Section
4717     63G-6a-506.
4718          (82) "Sole source contract" means a contract resulting from a sole source procurement.
4719          (83) "Sole source procurement" means a procurement without competition pursuant to
4720     a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
4721     procurement item.
4722          (84) "Solicitation" means an invitation for bids, request for proposals, request for
4723     statement of qualifications, or request for information.
4724          (85) "Solicitation response" means:
4725          (a) a bid submitted in response to an invitation for bids;
4726          (b) a proposal submitted in response to a request for proposals; or
4727          (c) a statement of qualifications submitted in response to a request for statement of
4728     qualifications.
4729          (86) "Special service district" means the same as that term is defined in Section
4730     17D-1-102.
4731          (87) "Specification" means any description of the physical or functional characteristics
4732     or of the nature of a procurement item included in an invitation for bids or a request for
4733     proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
4734          (a) a requirement for inspecting or testing a procurement item; or
4735          (b) preparing a procurement item for delivery.
4736          (88) "Standard procurement process" means:
4737          (a) the bidding process;
4738          (b) the request for proposals process;
4739          (c) the approved vendor list process;

4740          (d) the small purchase process; or
4741          (e) the design professional procurement process.
4742          (89) "State cooperative contract" means a contract awarded by the division for and in
4743     behalf of all public entities.
4744          (90) "Statement of qualifications" means a written statement submitted to a
4745     procurement unit in response to a request for statement of qualifications.
4746          (91) "Subcontractor":
4747          (a) means a person under contract with a contractor or another subcontractor to provide
4748     services or labor for design or construction;
4749          (b) includes a trade contractor or specialty contractor; and
4750          (c) does not include a supplier who provides only materials, equipment, or supplies to a
4751     contractor or subcontractor.
4752          (92) "Supply" means a good, material, technology, piece of equipment, or any other
4753     item of personal property.
4754          (93) "Tie bid" means that the lowest responsive bids of responsible bidders are
4755     identical in price.
4756          (94) "Time and materials contract" means a contract under which the contractor is paid:
4757          (a) the actual cost of direct labor at specified hourly rates;
4758          (b) the actual cost of materials and equipment usage; and
4759          (c) an additional amount, expressly described in the contract, to cover overhead and
4760     profit, that is not based on a percentage of the cost to the contractor.
4761          (95) "Transitional costs":
4762          (a) means the costs of changing:
4763          (i) from an existing provider of a procurement item to another provider of that
4764     procurement item; or
4765          (ii) from an existing type of procurement item to another type;
4766          (b) includes:
4767          (i) training costs;
4768          (ii) conversion costs;
4769          (iii) compatibility costs;
4770          (iv) costs associated with system downtime;

4771          (v) disruption of service costs;
4772          (vi) staff time necessary to implement the change;
4773          (vii) installation costs; and
4774          (viii) ancillary software, hardware, equipment, or construction costs; and
4775          (c) does not include:
4776          (i) the costs of preparing for or engaging in a procurement process; or
4777          (ii) contract negotiation or drafting costs.
4778          (96) "Trial use contract" means a contract for a procurement item that the procurement
4779     unit acquires for a trial use or testing to determine whether the procurement item will benefit
4780     the procurement unit.
4781          (97) "Vendor":
4782          (a) means a person who is seeking to enter into a contract with a procurement unit to
4783     provide a procurement item; and
4784          (b) includes:
4785          (i) a bidder;
4786          (ii) an offeror;
4787          (iii) an approved vendor; and
4788          (iv) a design professional.
4789          Section 40. Section 63G-6a-2402 is amended to read:
4790          63G-6a-2402. Definitions.
4791          As used in this part:
4792          (1) "Contract administration professional":
4793          (a) means an individual who:
4794          (i) is:
4795          (A) directly under contract with a procurement unit; or
4796          (B) employed by a person under contract with a procurement unit; and
4797          (ii) has responsibility in:
4798          (A) developing a solicitation or grant, or conducting the procurement process; or
4799          (B) supervising or overseeing the administration or management of a contract or grant;
4800     and
4801          (b) does not include an employee of the procurement unit.

4802          (2) "Contribution":
4803          (a) means a voluntary gift or donation of money, service, or anything else of value, to a
4804     public entity for the public entity's use and not for the primary use of an individual employed
4805     by the public entity; and
4806          (b) includes:
4807          (i) a philanthropic donation;
4808          (ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar
4809     event that relates to the function of the public entity;
4810          (iii) the purchase of a booth or other display space at an event sponsored by the public
4811     entity or a group of which the public entity is a member; and
4812          (iv) the sponsorship of an event that is organized by the public entity.
4813          (3) "Family member" means a father, mother, husband, wife, son, daughter, sister,
4814     brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
4815     sister-in-law, son-in-law, or daughter-in-law.
4816          (4) "Governing body" means an administrative, advisory, executive, or legislative body
4817     of a public entity.
4818          (5) "Gratuity":
4819          (a) means anything of value given:
4820          (i) without anything provided in exchange; or
4821          (ii) in excess of the market value of that which is provided in exchange;
4822          (b) includes:
4823          (i) a gift or favor;
4824          (ii) money;
4825          (iii) a loan at an interest rate below the market rate or with terms that are more
4826     advantageous to the borrower than terms offered generally on the market;
4827          (iv) anything of value provided with an award, other than a certificate, plaque, or
4828     trophy;
4829          (v) employment;
4830          (vi) admission to an event;
4831          (vii) a meal, lodging, or travel;
4832          (viii) entertainment for which a charge is normally made; and

4833          (ix) a raffle, drawing for a prize, or lottery; and
4834          (c) does not include:
4835          (i) an item, including a meal in association with a training seminar, that is:
4836          (A) included in a contract or grant; or
4837          (B) provided in the proper performance of a requirement of a contract or grant;
4838          (ii) an item requested to evaluate properly the award of a contract or grant;
4839          (iii) a rebate, coupon, discount, airline travel award, dividend, or other offering
4840     included in the price of a procurement item;
4841          (iv) a meal provided by an organization or association, including a professional or
4842     educational association, an association of vendors, or an association composed of public
4843     agencies or public entities, that does not, as an organization or association, respond to
4844     solicitations;
4845          (v) a product sample submitted to a public entity to assist the public entity to evaluate a
4846     solicitation;
4847          (vi) a political campaign contribution;
4848          (vii) an item generally available to the public; or
4849          (viii) anything of value that one public agency provides to another public agency.
4850          (6) "Hospitality gift":
4851          (a) means a token gift of minimal value, including a pen, pencil, stationery, toy, pin,
4852     trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and
4853          (b) does not include money, a meal, admission to an event for which a charge is
4854     normally made, entertainment for which a charge is normally made, travel, or lodging.
4855          (7) "Kickback":
4856          (a) means a negotiated bribe provided in connection with a procurement or the
4857     administration of a contract or grant; and
4858          (b) does not include anything listed in Subsection (5)(c).
4859          (8) "Procurement" has the same meaning as defined in Section 63G-6a-103, but also
4860     includes the awarding of a grant.
4861          (9) "Procurement professional":
4862          (a) means an individual who is an employee, and not an independent contractor, of a
4863     procurement unit, and who, by title or primary responsibility:

4864          (i) has procurement decision making authority; and
4865          (ii) is assigned to be engaged in, or is engaged in:
4866          (A) the procurement process; or
4867          (B) the process of administering a contract or grant, including enforcing contract or
4868     grant compliance, approving contract or grant payments, or approving contract or grant change
4869     orders or amendments; and
4870          (b) excludes:
4871          (i) any individual who, by title or primary responsibility, does not have procurement
4872     decision making authority;
4873          (ii) an individual holding an elective office;
4874          (iii) a member of a governing body;
4875          (iv) a chief executive of a public entity or a chief assistant or deputy of the chief
4876     executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties
4877     and responsibilities beyond the management of the procurement process or the contract or grant
4878     administration process;
4879          (v) the superintendent, business administrator, principal, or vice principal of a school
4880     district or charter school, or the chief assistant or deputy of the superintendent, business
4881     administrator, principal, or vice principal;
4882          (vi) a university or college president, vice president, business administrator, or dean;
4883          (vii) a chief executive of a local district, as defined in Section 17B-1-102, a special
4884     service district, as defined in Section 17D-1-102, or a political subdivision created under Title
4885     11, Chapter 13, Interlocal Cooperation Act;
4886          (viii) an employee of a public entity with:
4887          (A) an annual budget of $1,000,000 or less; or
4888          (B) no more than four full-time employees; and
4889          (ix) an executive director or director of an executive branch procurement unit who:
4890          (A) by title or primary responsibility, does not have procurement decision making
4891     authority; and
4892          (B) is not assigned to engage in, and is not engaged in, the procurement process.
4893          (10) "Public agency" has the same meaning as defined in Section 11-13-103, but also
4894     includes all officials, employees, and official representatives of a public agency, as defined in

4895     Section 11-13-103.
4896          Section 41. Section 63H-6-104.5 is amended to read:
4897          63H-6-104.5. State Fair Park Committee -- Creation -- Duties.
4898          (1) To assist the board in the execution of the board's duties under this chapter, there is
4899     created the State Fair Park Committee consisting of the following six members:
4900          (a) three members of the Senate appointed by the president of the Senate, no more than
4901     two of whom are from the same political party; and
4902          (b) three members from the House of Representatives appointed by the speaker of the
4903     House, no more than two of whom are from the same political party.
4904          (2) (a) The president of the Senate shall designate a member of the Senate appointed
4905     under Subsection (1)(a) as cochair of the committee.
4906          (b) The speaker of the House of Representatives shall designate a member of the House
4907     of Representatives appointed under Subsection (1)(b) as cochair of the committee.
4908          (3) (a) A majority of the members of the [advisory] committee constitutes a quorum.
4909          (b) The action of a majority of a quorum constitutes the action of the committee.
4910          (4) The committee shall meet as necessary, as determined by the cochairs of the
4911     committee.
4912          (5) Salaries and expenses of the members of the committee shall be paid in accordance
4913     with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
4914          (6) The Office of Legislative Research and General Counsel shall provide staff support
4915     to the committee.
4916          (7) The committee may consult with and make recommendations to the board
4917     regarding the board's duties under this chapter.
4918          (8) A recommendation of the committee is not binding upon the board.
4919          Section 42. Section 63I-1-220 is amended to read:
4920          63I-1-220. Repeal dates, Title 20A.
4921          [On January 1, 2017:]
4922          [(1) Subsection 20A-1-102(55) is repealed.]
4923          [(2) Subsection 20A-2-102.5(1) the language that states "20A-4-108, or" is repealed.]
4924          [(3) Subsection 20A-2-202(3)(a) the language that states "Except as provided in
4925     Subsection 20A-4-108(6)," is repealed.]

4926          [(4) Subsection 20A-2-204(5)(a) the language that states "Except as provided in
4927     Subsection 20A-4-108(7)," is repealed.]
4928          [(5) Subsection 20A-2-205(7)(a) the language that states "Except as provided in
4929     Subsection 20A-4-108(8)," is repealed.]
4930          [(6) Subsection 20A-2-206(8)(c) the language that states "Except as provided in
4931     Subsection 20A-4-108(9)," is repealed.]
4932          [(7) Subsection 20A-2-307(2)(a) is repealed.]
4933          [(8) Subsection 20A-4-107(2)(b) the language that states "Except as provided in
4934     Subsection 20A-4-108(10)," is repealed.]
4935          [(9) Subsection 20A-4-107(3) the language that states "or if the voter is, in accordance
4936     with the pilot project, registered to vote under Subsection 20A-4-108(10)," is repealed.]
4937          [(10) Subsection 20A-4-107(4) the language that states "Except as provided in
4938     Subsection 20A-4-108(12)," is repealed.]
4939          [(11) Section 20A-4-108 is repealed.]
4940          Section 43. Section 63I-1-231 is amended to read:
4941          63I-1-231. Repeal dates, Title 31A.
4942          (1) Section 31A-2-217, Coordination with other states, is repealed July 1, 2023.
4943          (2) Section 31A-22-619.6, Coordination of benefits with workers' compensation
4944     claim--Health insurer's duty to pay, is repealed on July 1, 2018.
4945          [(3) Title 31A, Chapter 29, Comprehensive Health Insurance Pool Act, is repealed July
4946     1, 2015.]
4947          [(4)] (3) Section 31A-22-642, Insurance coverage for autism spectrum disorder, is
4948     repealed on January 1, 2019.
4949          Section 44. Section 63I-1-253 is amended to read:
4950          63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
4951          The following provisions are repealed on the following dates:
4952          (1) Subsection 53-10-202(18) is repealed July 1, 2018.
4953          (2) Section 53-10-202.1 is repealed July 1, 2018.
4954          (3) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program, is
4955     repealed July 1, 2020.
4956          (4) Section 53A-13-106.5 is repealed July 1, 2019.

4957          (5) Section 53A-15-106 is repealed July 1, 2019.
4958          [(6) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.]
4959          [(7) Section 53A-16-114 is repealed December 31, 2016.]
4960          [(8) Section 53A-17a-163, Performance-based Compensation Pilot Program, is
4961     repealed July 1, 2016.]
4962          [(9)] (6) Title 53A, Chapter 31, Part 4, American Indian and Alaskan Native Education
4963     State Plan Pilot Program, is repealed July 1, 2022.
4964          [(10)] (7) Section 53B-24-402, Rural residency training program, is repealed July 1,
4965     2020.
4966          [(11)] (8) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
4967     money from the Land Exchange Distribution Account to the Geological Survey for test wells,
4968     other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
4969     2020.
4970          Section 45. Section 63I-2-210 is amended to read:
4971          63I-2-210. Repeal dates -- Title 10.
4972          [(1) Subsection 10-2a-106(2), the language that states ", including a township
4973     incorporation procedure as defined in Section 10-2a-105," is repealed July 1, 2016.]
4974          [(2) Subsection 10-2a-410(3)(d)(ii) is repealed January 1, 2017.]
4975          [(3) Section 10-2a-105 is repealed July 1, 2016.]
4976          [(4) Subsection 10-9a-304(2) is repealed June 1, 2016.]
4977          Section 46. Section 63I-2-259 is amended to read:
4978          63I-2-259. Repeal dates -- Title 59.
4979          [(1) Subsection 59-2-919(10) is repealed December 31, 2015.]
4980          [(2) Subsection 59-2-919.1(4) is repealed December 31, 2015.]
4981          [(3)] Subsection 59-2-1007(14) is repealed on December 31, 2018.
4982          Section 47. Section 63J-7-102 is amended to read:
4983          63J-7-102. Scope and applicability of chapter.
4984          (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
4985     superseding provisions of this chapter by explicit reference to this chapter, the provisions of
4986     this chapter apply to each agency and govern each grant received on or after May 5, 2008.
4987          (2) This chapter does not govern:

4988          (a) a grant deposited into a General Fund restricted account;
4989          (b) a grant deposited into a Trust and Agency Fund as defined in Section 51-5-4;
4990          (c) a grant deposited into an Enterprise Fund as defined in Section 51-5-4;
4991          (d) a grant made to the state without a restriction or other designated purpose that is
4992     deposited into the General Fund as free revenue;
4993          (e) a grant made to the state that is restricted only to "education" and that is deposited
4994     into the Education Fund or Uniform School Fund as free revenue;
4995          (f) in-kind donations;
4996          (g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
4997     when required by state law or application of state law;
4998          (h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
4999     Contribution Act;
5000          (i) a grant received by an agency from another agency or political subdivision;
5001          (j) a grant to the Utah Dairy Commission created in Section 4-22-2;
5002          (k) a grant to the Heber Valley Historic Railroad Authority created in Section
5003     63H-4-102;
5004          (l) a grant to the Utah State Railroad Museum Authority created in Section 63H-5-102;
5005          (m) a grant to the Utah Housing Corporation created in Section 63H-8-201;
5006          (n) a grant to the Utah State Fair Corporation created in Section 63H-6-103;
5007          (o) a grant to the Workers' Compensation Fund created in Section 31A-33-102;
5008          (p) a grant to the Utah State Retirement Office created in Section 49-11-201;
5009          (q) a grant to the School and Institutional Trust Lands Administration created in
5010     Section 53C-1-201;
5011          (r) a grant to the Utah Communications Authority created in Section 63H-7a-201;
5012          (s) a grant to the Medical Education Program created in Section 53B-24-202;
5013          (t) a grant to the Utah Capital Investment Corporation created in Section 63N-6-301;
5014          (u) a grant to the Utah Charter School Finance Authority created in Section
5015     53A-20b-103;
5016          (v) a grant to the State Building Ownership Authority created in Section 63B-1-304; or
5017          [(w) a grant to the Utah Comprehensive Health Insurance Pool created in Section
5018     31A-29-104; or]

5019          [(x)] (w) a grant to the Military Installation Development Authority created in Section
5020     63H-1-201.
5021          (3) An agency need not seek legislative review or approval of grants under Part 2,
5022     Grant Approval Requirements, if:
5023          (a) the governor has declared a state of emergency; and
5024          (b) the grant is donated to the agency to assist victims of the state of emergency under
5025     Subsection 53-2a-204(1).
5026          Section 48. Section 63J-8-102 is amended to read:
5027          63J-8-102. Definitions.
5028          As used in this chapter:
5029          (1) "ACEC" means an area of critical environmental concern as defined in 43 U.S.C.
5030     Sec. 1702.
5031          (2) "AUM" means animal unit months, a unit of grazing forage.
5032          (3) "BLM" means the United States Bureau of Land Management.
5033          (4) "BLM recommended wilderness" means a wilderness study area recommended for
5034     wilderness designation in the final report of the president of the United States to the United
5035     States Congress in 1993.
5036          (5) "Federal land use designation" means one or a combination of the following
5037     congressional or federal actions included in proposed congressional land use legislation:
5038          (a) designation of wilderness within the National Wilderness Preservation System;
5039          (b) designation of a national conservation area;
5040          (c) designation of a watercourse within the National Wild and Scenic River System;
5041          (d) designation of an ACEC;
5042          (e) designation of a national monument in accordance with the Antiquities Act [of
5043     1906, 16 U.S.C. Sec. 431 et seq.] or by Congress;
5044          (f) designation of a national park within the National Park System;
5045          (g) designation of a national recreational area; or
5046          (h) any other designation, classification, categorization, reservation, withdrawal, or
5047     similar action that has the purpose or effect of eliminating, restricting, or reducing energy and
5048     mineral development, motorized travel, grazing, active vegetation management, or any other
5049     traditional multiple use on public land.

5050          (6) "FLPMA" means the Federal Land Policy and Management Act of 1976, 43 U.S.C.
5051     Sec. 1701 et seq.
5052          (7) "Forest Service" means the United States Forest Service within the United States
5053     Department of Agriculture.
5054          (8) "Green River Energy Zone" means the lands described as follows in Subsections
5055     (8)(a) and (b), as more fully illustrated in the maps prepared by the Carbon County and Emery
5056     County GIS Departments in February 2013, each entitled "2013 Green River Energy Zone":
5057          (a) BLM and Forest Service lands in Carbon County that are situated in the following
5058     townships: Township 12S Range 6E, Township 12S Range 7E, Township 12S Range 8E,
5059     Township 12S Range 9E, Township 12S Range 10E, Township 12S Range 11E, Township 12S
5060     Range 12E, Township 12S Range 13E, Township 12S Range 14E, Township 12S Range 15E,
5061     Township 12S Range 16E, Township 12S Range 17E, Township 12S Range 18E, Township
5062     13S Range 6E, Township 13S Range 8E, Township 13S Range 9E, Township 13S Range 10E,
5063     Township 13S Range 11E, Township 13S Range 12E, Township 13S Range 13E, Township
5064     13S Range 14E, Township 13S Range 15E, Township 13S Range 16E, Township 13S Range
5065     17E, Township 14S Range 6E, Township 14S Range 8E, Township 14S Range 9E, Township
5066     14S Range 11E, Township 14S Range 12E, Township 14S Range 13E, Township 14S Range
5067     14E, Township 14S Range 15E, Township 14S Range 16E, Township 14S Range 17E,
5068     Township 15S Range 7E, Township 15S Range 8E, Township 15S Range 9E, Township 15S
5069     Range 10E, Township 15S Range 11E, Township 15S Range 12E, Township 15S Range 13E,
5070     Township 15S Range 14E, Township 15S Range 15E, and Township 15S Range 16E; and
5071          (b) BLM and Forest Service lands in Emery County, excluding any areas that are or
5072     may be designated as wilderness, national conservation areas, or wild or scenic rivers, that are
5073     situated in the following townships and represented in the Emery County Public Land
5074     Management Act DRAFT Map prepared by Emery County and available at
5075     emerycounty.com/publiclands/LANDS-USE-15.pdf: Township 13S Range 6E, Township 14S
5076     Range 6E, Township 14S Range 7E, Township 15S Range 6E, Township 15S Range 7E,
5077     Township 16S Range 6E, Township 16S Range 7E, Township 16S Range 8E, Township 16S
5078     Range 9E, Township 16S Range 10E, Township 16S Range 11E, Township 16S Range 12E,
5079     Township 16S Range 13E, Township 16S Range 14E, Township 16S Range 15E, Township
5080     17S Range 6E, Township 17S Range 7E, Township 17S Range 8E, Township 17S Range 9E,

5081     Township 17S Range 10E, Township 17S Range 11E, Township 17S Range 12E, Township
5082     17S Range 13E, Township 17S Range 14E, Township 17S Range 15E, Township 18S Range
5083     6E, Township 18S Range 7E, Township 18S Range 8E, Township 18S Range 9E, Township
5084     18S Range 10E, Township 18S Range 11E, Township 18S Range 12E, Township 18S Range
5085     13E, Township 18S Range 14E, Township 18S Range 15E, Township 19S Range 6E,
5086     Township 19S Range 7E, Township 19S Range 8E, Township 19S Range 9E, Township 19S
5087     Range 10E, Township 19S Range 11E, Township 19S Range 12E, Township 19S Range 13E,
5088     Township 19S Range 14E, Township 19S Range 15E, Township 20S Range 6E, Township 20S
5089     Range 7E, Township 20S Range 8E, Township 20S Range 9E, Township 20S Range 10E,
5090     Township 20S Range 11E, Township 20S Range 12E, Township 20S Range 13E, Township
5091     20S Range 14E, Township 20S Range 15E, Township 20S Range 16E, Township 21S Range
5092     6E, Township 21S Range 7E, Township 21S Range 8E, Township 21S Range 9E, Township
5093     21S Range 14E, Township 21S Range 15E, Township 21S Range 16E, Township 22S Range
5094     6E, Township 22S Range 7E, Township 22S Range 8E, Township 22S Range 9E, Township
5095     22S Range 14E, Township 22S Range 15E, Township 22S Range 16E, Township 23S Range
5096     6E, Township 23S Range 7E, Township 23S Range 8E, Township 23S Range 9E, Township
5097     23S Range 13E, Township 23S Range 14E, Township 23S Range 15E, Township 23S Range
5098     16E, Township 24S Range 6E, Township 24S Range 7E, Township 24S Range 8E, Township
5099     24S Range 12E, Township 24S Range 13E, Township 24S Range 14E, Township 24S Range
5100     15E, Township 24S Range 16E, Township 24S Range 17E, Township 25S Range 6E,
5101     Township 25S Range 7E, Township 25S Range 8E, Township 25S Range 11E, Township 25S
5102     Range 12E, Township 25S Range 13E, Township 25S Range 14E, Township 25S Range 15E,
5103     Township 25S Range 16E, Township 25S Range 17E, Township 26S Range 6E, Township 26S
5104     Range 7E, Township 26S Range 8E, Township 26S Range 9E, Township 26S Range 10E,
5105     Township 26S Range 11E, Township 26S Range 12E, Township 26S Range 13E, Township
5106     26S Range 14E, Township 26S Range 15E, Township 26S Range 16E, and Township 26S
5107     Range 17E.
5108          (9) "Multiple use" means proper stewardship of the subject lands pursuant to Section
5109     103(c) of FLPMA, 43 U.S.C. Sec. 1702(c).
5110          (10) "National conservation area" means an area designated by Congress and managed
5111     by the BLM.

5112          (11) "National wild and scenic river" means a watercourse:
5113          (a) identified in a BLM or Forest Service planning process; or
5114          (b) designated as part of the National Wild and Scenic River System.
5115          (12) "National Wild and Scenic River System" means the National Wild and Scenic
5116     River System established in 16 U.S.C. Sec. 1271 et seq.
5117          (13) "Office" means the Public Lands Policy Coordinating Office created in Section
5118     63J-4-602.
5119          (14) "OHV" means off-highway vehicle as defined in Section 41-22-2.
5120          (15) "Proposed congressional land use legislation" means a draft or a working
5121     document of congressional legislation prepared by a person that includes a federal land use
5122     designation.
5123          (16) "RARE II" means the second United States Forest Service Roadless Area Review
5124     and Evaluation report of 1984.
5125          (17) "R.S. 2477 right-of-way" means a right-of-way established in accordance with 43
5126     U.S.C. Sec. 932 repealed by FLPMA 1976.
5127          (18) "San Juan County Energy Zone" means BLM and Forest Service lands situated in
5128     the following townships in San Juan County, as more fully illustrated in the map prepared by
5129     the San Juan County GIS department in December 2014 entitled "San Juan County Energy
5130     Zone": Township 26S Range 21E, Township 26S Range 22E, Township 26S Range 23E,
5131     Township 26S Range 24E, Township 26S Range 25E, Township 26S Range 26E, Township
5132     27S Range 21E, Township 27S Range 22E, Township 27S Range 23E, Township 27S Range
5133     24E, Township 27S Range 25E, Township 27S Range 26E, Township 28S Range 21E,
5134     Township 28S Range 22E, Township 28S Range 23E, Township 28S Range 24E, Township
5135     28S Range 25E, Township 28S Range 26E, Township 29S Range 21E, Township 29S Range
5136     22E, Township 29S Range 23E, Township 29S Range 24E, Township 29S Range 25E,
5137     Township 29S Range 26E, Township 30S Range 21E, Township 30S Range 22E, Township
5138     30S Range 23E, Township 30S Range 24E, Township 30S Range 25E, Township 30S Range
5139     26E, Township 31S Range 22E, Township 31S Range 23E, Township 31S Range 24E,
5140     Township 31S Range 25E, Township 31S Range 26E, Township 32S Range 20E, Township
5141     32S Range 21E, Township 32S Range 22E, Township 32S Range 23E, Township 32S Range
5142     24E, Township 32S Range 25E, Township 32S Range 26E, Township 33S Range 19E,

5143     Township 33S Range 20E, Township 33S Range 21E, Township 33S Range 22E, Township
5144     33S Range 23E, Township 33S Range 24E, Township 33S Range 25E, Township 33S Range
5145     26E, Township 34S Range 19E, Township 34S Range 20E, Township 34S Range 21E,
5146     Township 34S Range 22E, Township 34S Range 23E, Township 34S Range 24E, Township
5147     34S Range 25E, Township 34S Range 26E, Township 35S Range 14E, Township 35S Range
5148     15E, Township 35S Range 16E, Township 35S Range 17E, Township 35S Range 18E,
5149     Township 35S Range 19E, Township 35S Range 20E, Township 35S Range 21E, Township
5150     35S Range 22E, Township 35S Range 23E, Township 35S Range 24E, Township 35S Range
5151     25E, Township 35S Range 26E, Township 36S Range 14E, Township 36S Range 15E,
5152     Township 36S Range 16E, Township 36S Range 17E, Township 36S Range 18E, Township
5153     36S Range 19E, Township 36S Range 21E, Township 36S Range 22E, Township 36S Range
5154     23E, Township 36S Range 24E, Township 36S Range 25E, Township 36S Range 26E,
5155     Township 37S Range 14E, Township 37S Range 15E, Township 37S Range 16E, Township
5156     37S Range 17E, Township 37S Range 21E, Township 37S Range 22E, Township 37S Range
5157     23E, Township 37S Range 24E, Township 37S Range 25E, Township 37S Range 26E,
5158     Township 38S Range 12E, Township 38S Range 21E, Township 38S Range 22E, Township
5159     38S Range 23E, Township 38S Range 24E, Township 38S Range 25E, Township 38S Range
5160     26E, Township 39S Range 12E, Township 39S Range 13E, Township 39S Range 15E,
5161     Township 39S Range 21E, Township 39S Range 22E, Township 39S Range 23E, Township
5162     39S Range 24E, Township 39S Range 25E, Township 39S Range 26E, Township 40S Range
5163     14E, Township 40S Range 15E, Township 40S Range 16E, Township 40S Range 19E,
5164     Township 40S Range 20E, Township 40S Range 21E, Township 40S Range 22E, Township
5165     40S Range 23E, Township 40S Range 24E, Township 40S Range 25E, Township 40S Range
5166     26E, Township 41S Range 16E, Township 41S Range 17E, Township 41S Range 18E,
5167     Township 41S Range 19E, Township 41S Range 20E, Township 41S Range 21E, Township
5168     41S Range 22E, Township 41S Range 23E, Township 41S Range 24E, Township 41S Range
5169     25E, Township 41S Range 26E, Township 42S Range 14E, Township 42S Range 15E,
5170     Township 42S Range 16E, Township 42S Range 17E, Township 42S Range 18E, Township
5171     42S Range 19E, Township 42S Range 20E, Township 42S Range 21E, Township 42S Range
5172     22E, Township 42S Range 23E, Township 42S Range 24E, Township 42S Range 25E,
5173     Township 42S Range 26E, Township 43S Range 14E, Township 43S Range 15E, Township

5174     43S Range 16E, Township 43S Range 17E, Township 43S Range 18E, Township 43S Range
5175     19E, Township 43S Range 20E, Township 43S Range 21E, Township 43S Range 22E,
5176     Township 43S Range 23E, Township 43S Range 24E, Township 43S Range 25E, and
5177     Township 43S Range 26E.
5178          (19) "Settlement Agreement" means the written agreement between the state and the
5179     Department of the Interior in 2003 (revised in 2005) that resolved the case of State of Utah v.
5180     Gale Norton, Secretary of Interior (United States District Court, D. Utah, Case No.
5181     2:96cv0870).
5182          (20) "SITLA" means the School and Institutional Trust Lands Administration as
5183     created in Section 53C-1-201.
5184          (21) (a) "Subject lands" means the following non-WSA BLM lands:
5185          (i) in Beaver County:
5186          (A) Mountain Home Range South, Jackson Wash, The Toad, North Wah Wah
5187     Mountains, Central Wah Wah Mountains, and San Francisco Mountains according to the
5188     region map entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal
5189     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5190     existed on February 17, 2011; and
5191          (B) White Rock Range, South Wah Wah Mountains, and Granite Peak according to the
5192     region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal for
5193     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5194     existed on February 17, 2011;
5195          (ii) in Box Elder County: Little Goose Creek, Grouse Creek Mountains North, Grouse
5196     Creek Mountains South, Bald Eagle Mountain, Central Pilot Range, Pilot Peak, Crater Island
5197     West, Crater Island East, Newfoundland Mountains, and Grassy Mountains North according to
5198     the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's Proposal
5199     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5200     existed on February 17, 2011;
5201          (iii) in Carbon County: Desbrough Canyon and Turtle Canyon according to the region
5202     map entitled "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in
5203     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5204     February 17, 2011;

5205          (iv) in Daggett County: Goslin Mountain, Home Mountain, Red Creek Badlands,
5206     O-wi-yu-kuts, Lower Flaming Gorge, Crouse Canyon, and Diamond Breaks according to the
5207     region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
5208     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5209     existed on February 17, 2011;
5210          (v) in Duchesne County: Desbrough Canyon according to the region map entitled
5211     "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5212     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5213     2011;
5214          (vi) in Emery County:
5215          (A) San Rafael River and Sweetwater Reef, according to the region map entitled
5216     "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness in
5217     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5218     February 17, 2011;
5219          (B) Flat Tops according to the region map entitled "Glen Canyon," which is available
5220     by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for
5221     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5222     existed on February 17, 2011; and
5223          (C) Price River, Lost Spring Wash, Eagle Canyon, Upper Muddy Creek, Molen Reef,
5224     Rock Canyon, Mussentuchit Badland, and Muddy Creek, according to the region map entitled
5225     "San Rafael Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah"
5226     at http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5227     2011;
5228          (vii) in Garfield County:
5229          (A) Pole Canyon, according to the region map entitled "Great Basin South" linked in
5230     the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5231     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5232     2011;
5233          (B) Dirty Devil, Fiddler Butte, Little Rockies, Cane Spring Desert, and Cane Spring
5234     Desert Adjacents, according to the region map entitled "Glen Canyon," which is available by
5235     clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for

5236     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5237     existed on February 17, 2011;
5238          (C) Lampstand, Wide Hollow, Steep Creek, Brinkerhof Flats, Little Valley Canyon,
5239     Death Hollow, Studhorse Peaks, Box Canyon, Heaps Canyon, North Escalante Canyon, Colt
5240     Mesa, East of Bryce, Slopes of Canaan Peak, Horse Spring Canyon, Muley Twist Flank,
5241     Pioneer Mesa, Slopes of Bryce, Blue Hills, Mud Springs Canyon, Carcass Canyon, Willis
5242     Creek North, Kodachrome Basin, and Kodachrome Headlands, according to the region map
5243     entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's Proposal for
5244     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5245     existed on February 17, 2011; and
5246          (D) Notom Bench, Mount Ellen, Bull Mountain, Dogwater Creek, Ragged Mountain,
5247     Mount Pennell, Mount Hillers, Bullfrog Creek, and Long Canyon, according to the region map
5248     entitled "Henry Mountains" linked at the webpage entitled "Citizen's Proposal for Wilderness
5249     in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5250     February 17, 2011;
5251          (viii) in Iron County: Needle Mountains, Steamboat Mountain, Broken Ridge, Paradise
5252     Mountains, Crook Canyon, Hamlin, North Peaks, Mount Escalante, and Antelope Ridge,
5253     according to the region map entitled "Great Basin South" linked in the webpage entitled
5254     "Citizen's Proposal for Wilderness in Utah" at
5255     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5256     2011;
5257          (ix) in Juab County: Deep Creek Mountains, Essex Canyon, Kern Mountains, Wild
5258     Horse Pass, Disappointment Hills, Granite Mountain, Middle Mountains, Tule Valley, Fish
5259     Springs Ridge, Thomas Range, Drum Mountains, Dugway Mountains, Keg Mountains West,
5260     Keg Mountains East, Lion Peak, and Rockwell Little Sahara, according to the region map
5261     entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for
5262     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5263     existed on February 17, 2011;
5264          (x) in Kane County:
5265          (A) Willis Creek North, Willis Creek, Kodachrome Badlands, Mud Springs Canyon,
5266     Carcass Canyon, Scorpion, Bryce Boot, Paria-Hackberry Canyons, Fiftymile Canyon,

5267     Hurricane Wash, Upper Kanab Creek, Timber Mountain, Nephi Point, Paradise Canyon,
5268     Wahweap Burning Hills, Fiftymile Bench, Forty Mile Gulch, Sooner Bench 1, 2, & 3, Rock
5269     Cove, Warm Bench, Andalex Not, Vermillion Cliffs, Ladder Canyon, The Cockscomb, Nipple
5270     Bench, Moquith Mountain, Bunting Point, Glass Eye Canyon, and Pine Hollow, according to
5271     the region map entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's
5272     Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
5273     webpage existed on February 17, 2011; and
5274          (B) Orderville Canyon, Jolley Gulch, and Parunuweap Canyon, according to the region
5275     map entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness
5276     in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5277     February 17, 2011;
5278          (xi) in Millard County: Kern Mountains, Wild Horse Pass, Disappointment Hills,
5279     Granite Mountain, Middle Mountains, Tule Valley, Swasey Mountain, Little Drum Mountains
5280     North, Little Drum Mountains South, Drum Mountains, Snake Valley, Coyote Knoll, Howell
5281     Peak, Tule Valley South, Ledger Canyon, Chalk Knolls, Orr Ridge, Notch View, Bullgrass
5282     Knoll, Notch Peak, Barn Hills, Cricket Mountains, Burbank Pass, Middle Burbank Hills, King
5283     Top, Barn Hills, Red Tops, Middle Burbank Hills, Juniper, Painted Rock Mountain, Black
5284     Hills, Tunnel Springs, Red Canyon, Sand Ridge, Little Sage Valley, Cat Canyon, Headlight
5285     Mountain, Black Hills, Mountain Range Home North, Tweedy Wash, North Wah Wah
5286     Mountains, Jackson Wash, and San Francisco Mountains, according to the region map entitled
5287     "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for Wilderness in
5288     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5289     February 17, 2011;
5290          (xii) in Piute County: Kingston Ridge, Rocky Ford, and Phonolite Hill, according to
5291     the region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal
5292     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5293     existed on February 17, 2011;
5294          (xiii) in San Juan County:
5295          (A) Horseshoe Point, Deadhorse Cliffs, Gooseneck, Demon's Playground, Hatch
5296     Canyon, Lockhart Basin, Indian Creek, Hart's Point, Butler Wash, Bridger Jack Mesa, and Shay
5297     Mountain, according to the region map entitled "Canyonlands Basin" linked in the webpage

5298     entitled "Citizen's Proposal for Wilderness in Utah" at
5299     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5300     2011;
5301          (B) Dark Canyon, Copper Point, Fortknocker Canyon, White Canyon, The Needle, Red
5302     Rock Plateau, Upper Red Canyon, and Tuwa Canyon, according to the region map entitled
5303     "Glen Canyon," which is available by clicking the link entitled "Dirty Devil" at the webpage
5304     entitled "Citizen's Proposal for Wilderness in Utah" at
5305     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5306     2011;
5307          (C) Hunters Canyon, Behind the Rocks, Mill Creek, and Coyote Wash, according to
5308     the region map entitled "Moab/La Sal" linked at the webpage entitled "Citizen's Proposal for
5309     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5310     existed on February 17, 2011; and
5311          (D) Hammond Canyon, Allen Canyon, Mancos Jim Butte, Arch Canyon, Monument
5312     Canyon, Tin Cup Mesa, Cross Canyon, Nokai Dome, Grand Gulch, Fish and Owl Creek
5313     Canyons, Comb Ridge, Road Canyon, The Tabernacle, Lime Creek, San Juan River, and
5314     Valley of the Gods, according to the region map entitled "San Juan" linked at the webpage
5315     entitled "Citizen's Proposal for Wilderness in Utah" at
5316     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5317     2011;
5318          (xiv) in Sevier County: Rock Canyon, Mussentuchit Badland, Limestone Cliffs, and
5319     Jones' Bench, according to the region map entitled "San Rafael Swell" linked at the webpage
5320     entitled "Citizen's Proposal for Wilderness in Utah" at
5321     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5322     2011;
5323          (xv) in Tooele County:
5324          (A) Silver Island Mountains, Crater Island East, Grassy Mountains North, Grassy
5325     Mountains South, Stansbury Island, Cedar Mountains North, Cedar Mountains Central, Cedar
5326     Mountains South, North Stansbury Mountains, Oquirrh Mountains, and Big Hollow, according
5327     to the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's
5328     Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the

5329     webpage existed on February 17, 2011, excluding the areas that Congress designated as
5330     wilderness under the National Defense Authorization Act for Fiscal Year 2006; and
5331          (B) Ochre Mountain, Deep Creek Mountains, Dugway Mountains, Indian Peaks, and
5332     Lion Peak, according to the region map entitled "Great Basin Central" linked in the webpage
5333     entitled "Citizen's Proposal for Wilderness in Utah" at
5334     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5335     2011;
5336          (xvi) in Uintah County:
5337          (A) White River, Lower Bitter Creek, Sunday School Canyon, Dragon Canyon, Wolf
5338     Point, Winter Ridge, Seep Canyon, Bitter Creek, Hideout Canyon, Sweetwater Canyon, and
5339     Hell's Hole, according to the region map entitled "Book Cliffs" linked in the webpage entitled
5340     "Citizen's Proposal for Wilderness in Utah" at
5341     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5342     2011; and
5343          (B) Lower Flaming Gorge, Crouse Canyon Stone Bridge Draw, Diamond Mountain,
5344     Wild Mountain, Split Mountain Benches, Vivas Cake Hill, Split Mountain Benches South,
5345     Beach Draw, Stuntz Draw, Moonshine Draw, Bourdette Draw, and Bull Canyon, according to
5346     the region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
5347     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5348     existed on February 17, 2011;
5349          (xvii) in Washington County: Couger Canyon, Docs Pass, Slaughter Creek, Butcher
5350     Knife Canyon, Square Top, Scarecrow Creek, Beaver Dam Wash, Beaver Dam Mountains
5351     North, Beaver Dam Mountains South, Joshua Tree, Beaver Dam Wilderness Expansion, Red
5352     Mountain, Cottonwood Canyon, Taylor Canyon, LaVerkin Creek, Beartrap Canyon, Deep
5353     Creek, Black Ridge, Red Butte, Kolob Creek, Goose Creek, Dry Creek, Zion National Park
5354     Adjacents, Crater Hill, The Watchman, and Canaan Mountain, according to the region map
5355     entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness in
5356     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5357     February 17, 2011, excluding the areas that Congress designated as wilderness and
5358     conservation areas under the Omnibus Public Lands Management Act of 2009; and
5359          (xviii) in Wayne County:

5360          (A) Sweetwater Reef, Upper Horseshoe Canyon, and Labyrinth Canyon, according to
5361     the region map entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal
5362     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5363     existed on February 17, 2011;
5364          (B) Flat Tops and Dirty Devil, according to the region map entitled "Glen Canyon,"
5365     which is available by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's
5366     Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
5367     webpage existed on February 17, 2011;
5368          (C) Fremont Gorge, Pleasant Creek Bench, Notom Bench, Mount Ellen, and Bull
5369     Mountain, according to the region map entitled "Henry Mountains" linked at the webpage
5370     entitled "Citizen's Proposal for Wilderness in Utah" at
5371     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5372     2011; and
5373          (D) Capital Reef Adjacents, Muddy Creek, Wild Horse Mesa, North Blue Flats, Red
5374     Desert, and Factory Butte, according to the region map entitled "San Rafael Swell" linked at
5375     the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5376     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5377     2011.
5378          (b) "Subject lands" also includes all BLM and Forest Service lands in the state that are
5379     not Wilderness Area or Wilderness Study Areas;
5380          (c) "Subject lands" does not include the following lands that are the subject of
5381     consideration for a possible federal lands bill and should be managed according to the 2008
5382     Price BLM Field Office Resource Management Plan until a federal lands bill provides
5383     otherwise:
5384          (i) Turtle Canyon and Desolation Canyon according to the region map entitled "Book
5385     Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5386     http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011;
5387          (ii) Labyrinth Canyon, Duma Point, and Horseshoe Point, according to the region map
5388     entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness
5389     in Utah" at http://protectwildutah.org/proposal/index.html as the webpage existed on February
5390     17, 2011; and

5391          (iii) Devil's Canyon, Sid's Mountain, Mexican Mountain, San Rafael Reef, Hondu
5392     Country, Cedar Mountain, and Wild Horse, according to the region map entitled "San Rafael
5393     Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5394     http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011.
5395          (22) "Uintah Basin Energy Zone" means BLM and Forest Service lands situated in the
5396     following townships in Daggett, Duchesne, and Uintah counties, as more fully illustrated in the
5397     map prepared by the Uintah County GIS Department in February 2012 entitled "Uintah Basin
5398     Utah Energy Zone":
5399          (a) in Daggett County, Township 3N Range 17 E, Township 3N Range 18E, Township
5400     3N Range 19E, Township 3N Range 20E, Township 3N Range 22E, Township 3N Range 23E,
5401     Township 3N Range 24E, Township 3N Range 25E, Township 2N Range 17E, Township 2N
5402     Range 18E, Township 2N Range 19E, Township 2N Range 20E, Township 2N Range 21E, and
5403     Township 2S Range 25E;
5404          (b) in Duchesne County, Township 3N Range 4W, Township 3N Range 3W, Township
5405     3N Range 2W, Township 3N Range 1W, Township 2N Range 6W, Township 2N Range 5W,
5406     Township 2N Range 4W, Township 2N Range 3W, Township 2N Range 1W, Township 1N
5407     Range 9W, Township 1N Range 8W, Township 1N Range 7W, Township 1N Range 6W,
5408     Township 1S Range 9W, Township 1S Range 8W, Township 4S Range 9W, Township 4S
5409     Range 3W, Township 4S Range 2W, Township 4S Range 1W, Township 8S Range 15E,
5410     Township 8S Range 16E, Township 8S Range 17E, Township 5S Range 9W, Township 5S
5411     Range 3W, Township 9S Range 15E, Township 9S Range 16E, Township 9S Range 17E,
5412     Township 6S Range 9W, Township 6S Range 8W, Township 6S Range 7W, Township 6S
5413     Range 6W, Township 6S Range 5W, Township 6S Range 3W, Township 10S Range 15E,
5414     Township 10S Range 16E, Township 10S Range 17E, Township 7S Range 9W, Township 7S
5415     Range 8W, Township 7S Range 7W, Township 7S Range 6W, Township 7S Range 5W,
5416     Township 7S Range 4W, Township 10S Range 11E, Township 10S Range 12E, Township 10S
5417     Range 13E, Township 10S Range 14E, Township 10S Range 15E, Township 10S Range 16E,
5418     Township 10S Range 17E, Township 11S Range 10E, Township 11S Range 11E, Township
5419     11S Range 12E, Township 11S Range 13E, Township 11S Range 14E, Township 11S Range
5420     15E, Township 11S Range 16E, and Township 11S Range 17E; and
5421          (c) in Uintah County: Township 2S Range 18E, Township 2S Range 19E, Township

5422     2S Range 20E, Township 2S Range 21E, Township 2S Range 22E, Township 2S Range 23E,
5423     Township 2S Range 24E, Township 2N Range 1W, Township 2N Range 1E, Township 2N
5424     Range 2E, Township 3S Range 18E, Township 3S Range 19E, Township 3S Range 20E,
5425     Township 3S Range 21E, Township 3S Range 22E, Township 3S Range 23E, Township 3S
5426     Range 24E, Township 4S Range 19E, Township 4S Range 20E, Township 4S Range 21E,
5427     Township 4S Range 22E, Township 4S Range 23E, Township 4S Range 24E, Township 4S
5428     Range 25E, Township 5S Range 19E, Township 5S Range 20E, Township 5S Range 21E,
5429     Township 5S Range 22E, Township 5S Range 23E, Township 5S Range 24E, Township 5S
5430     Range 25E, Township 6S Range 19E, Township 6S Range 20E, Township 6S Range 21E,
5431     Township 6S Range 22E, Township 6S Range 23E, Township 6S Range 24E, Township 6S
5432     Range 25E, Township 7S Range 19E, Township 7S Range 20E, Township 7S Range 21E,
5433     Township 7S Range 22E, Township 7S Range 23E, Township 7S Range 24E, Township 7S
5434     Range 25E, Township 8S Range 17E, Township 8S Range 18E, Township 8S Range 19E,
5435     Township 8S Range 20E, Township 8S Range 21E, Township 8S Range 22E, Township 8S
5436     Range 23E, Township 8S Range 24E, Township 8S Range 25E, Township 9S Range 17E,
5437     Township 9S Range 18E, Township 9S Range 19E, Township 9S Range 20E, Township 9S
5438     Range 21E, Township 9S Range 22E, Township 9S Range 23E, Township 9S Range 24E,
5439     Township 9S Range 25E, Township 10S Range 17E, Township 10S Range 18E, Township 10S
5440     Range 19E, Township 10S Range 20E, Township 10S Range 21E, Township 10S Range 22E,
5441     Township 10S Range 23E, Township 10S Range 24E, Township 10S Range 25E, Township
5442     11S Range 17E, Township 11S Range 18E, Township 11S Range 19E, Township 11S Range
5443     20E, Township 11S Range 21E, Township 11S Range 22E, Township 11S Range 23E,
5444     Township 11S Range 24E, Township 11S Range 25E, Township 12S Range 20E, Township
5445     12S Range 21E, Township 12S Range 22E, Township 12S Range 23E, Township 12S Range
5446     24E, Township 12S Range 25E, Township 13S Range 20E, Township 13S Range 21E,
5447     Township 13S Range 22E, Township 13S Range 23E, Township 13S Range 24E, Township
5448     13S Range 25E, Township 13S Range 26 E, Township 14S Range 21E, Township 14S Range
5449     22E, Township 14S Range 23E, Township 14S Range 24E, Township 14S Range 25E, and
5450     Township 14S Range 26E.
5451          (23) "Wilderness" means the same as that term is defined in 16 U.S.C. Sec. 1131.
5452          (24) "Wilderness area" means those BLM and Forest Service lands added to the

5453     National Wilderness Preservation System by an act of Congress.
5454          (25) "Wilderness Preservation System" means the Wilderness Preservation System
5455     established in 16 U.S.C. Sec. 1131 et seq.
5456          (26) "WSA" and "Wilderness Study Area" mean the BLM lands in Utah that were
5457     identified as having the necessary wilderness character and were classified as wilderness study
5458     areas during the BLM wilderness review conducted between 1976 and 1993 by authority of 43
5459     U.S.C. Sec. 1782 and labeled as Wilderness Study Areas within the final report of the President
5460     of the United States to the United States Congress in 1993.
5461          Section 49. Section 67-1-8.1 is amended to read:
5462          67-1-8.1. Executive Residence Commission -- Recommendations as to use,
5463     maintenance, and operation of executive residence.
5464          (1) The Legislature finds and declares that:
5465          (a) the state property known as the Thomas Kearns Mansion is a recognized state
5466     landmark possessing historical and architectural qualities that should be preserved; and
5467          (b) the Thomas Kearns Mansion was the first building listed on the National Register
5468     of Historic Places in the state.
5469          (2) As used in this section:
5470          (a) "Executive residence" includes the:
5471          (i) Thomas Kearns Mansion;
5472          (ii) Carriage House building; and
5473          (iii) grounds and landscaping surrounding the Thomas Kearns Mansion and the
5474     Carriage House building.
5475          (b) "Commission" means the Executive Residence Commission established in this
5476     section.
5477          (3) (a) An Executive Residence Commission is established to make recommendations
5478     to the State Building Board for the use, operation, maintenance, repair, rehabilitation,
5479     alteration, restoration, placement of art and monuments, or adoptive use of the executive
5480     residence.
5481          (b) The commission shall meet at least once a year and make any recommendations to
5482     the State Building Board prior to August 1 of each year.
5483          (4) The commission shall consist of nine voting members and one ex officio,

5484     nonvoting member representing the Governor's Mansion Foundation. The membership shall
5485     consist of:
5486          (a) three private citizens appointed by the governor, who have demonstrated an interest
5487     in historical preservation;
5488          (b) three additional private citizens appointed by the governor with the following
5489     background:
5490          (i) an interior design professional with a background in historic spaces;
5491          (ii) an architect with a background in historic preservation and restoration
5492     recommended by the Utah chapter of the American Institute of Architects; and
5493          (iii) a landscape architect with a background and knowledge of historic properties
5494     recommended by the Utah chapter of the American Society of Landscape Architects;
5495          (c) the director, or director's designee, of the Division of Art and Museums;
5496          (d) the director, or director's designee, of the Division of State History; and
5497          (e) the executive director, or executive director's designee, of the Department of
5498     Administrative Services.
5499          (5) (a) Except as required by Subsection (5)(b), as terms of current commission
5500     members expire, the governor shall appoint each new member or reappointed member to a
5501     four-year term ending on March 1.
5502          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
5503     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
5504     commission members are staggered so that approximately half of the commission is appointed
5505     every two years.
5506          (6) (a) The governor shall appoint a chair from among the membership of the
5507     commission.
5508          (b) Six members of the commission shall constitute a quorum, and either the chair or
5509     two other members of the commission may call meetings of the commission.
5510          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
5511     appointed for the unexpired term.
5512          (8) A member may not receive compensation or benefits for the member's service, but
5513     may receive per diem and travel expenses in accordance with:
5514          (a) Section 63A-3-106;

5515          (b) Section 63A-3-107; and
5516          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5517     63A-3-107.
5518          (9) The Division of Facilities [and] Construction and Management shall provide the
5519     administrative support to the commission.
5520          Section 50. Section 67-1-15 is amended to read:
5521          67-1-15. Approval of international trade agreement -- Consultation with Utah
5522     International Relations and Trade Commission.
5523          Before binding the state or giving the federal government consent to bind the state to an
5524     international trade agreement the Governor shall consult with the Utah International Relations
5525     and Trade Commission.
5526          Section 51. Section 75-5-424 is amended to read:
5527          75-5-424. Powers of conservator in administration.
5528          (1) A conservator has all of the powers conferred in this chapter and any additional
5529     powers conferred by law on trustees in this state. In addition, a conservator of the estate of an
5530     unmarried minor as to whom no one has parental rights, has the duties and powers of a
5531     guardian of a minor described in Section 75-5-209 until the minor attains majority or marries,
5532     but the parental rights so conferred on a conservator do not preclude appointment of a guardian
5533     as provided by Part 2, Guardians of Minors.
5534          (2) A conservator has the power to compel the production of the protected person's
5535     estate documents, including the protected person's will, trust, power of attorney, and any
5536     advance health care directives.
5537          (3) A conservator has power without court authorization or confirmation to invest and
5538     reinvest funds of the estate as would a trustee.
5539          (4) A conservator, acting reasonably in efforts to accomplish the purpose for which the
5540     conservator was appointed, may act without court authorization or confirmation, to:
5541          (a) collect, hold, and retain assets of the estate, including land in another state, until, in
5542     his judgment, disposition of the assets should be made, and the assets may be retained even
5543     though they include an asset in which he is personally interested;
5544          (b) receive additions to the estate;
5545          (c) continue or participate in the operation of any business or other enterprise;

5546          (d) acquire an undivided interest in an estate asset in which the conservator, in any
5547     fiduciary capacity, holds an undivided interest;
5548          (e) invest and reinvest estate assets in accordance with Subsection [(2)] (3);
5549          (f) deposit estate funds in a bank including a bank operated by the conservator;
5550          (g) acquire or dispose of an estate asset, including land in another state, for cash or on
5551     credit, at public or private sale; and to manage, develop, improve, exchange, partition, change
5552     the character of, or abandon an estate asset;
5553          (h) make ordinary or extraordinary repairs or alterations in buildings or other
5554     structures, demolish any improvements, and raze existing or erect new party walls or buildings;
5555          (i) subdivide, develop, or dedicate land to public use; make or obtain the vacation of
5556     plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving
5557     or receiving considerations; and dedicate easements to public use without consideration;
5558          (j) enter for any purpose into a lease as lessor or lessee with or without option to
5559     purchase or renew for a term within or extending beyond the term of the conservatorship;
5560          (k) enter into a lease or arrangement for exploration and removal of minerals or other
5561     natural resources or enter into a pooling or unitization agreement;
5562          (l) grant an option involving disposition of an estate asset or take an option for the
5563     acquisition of any asset;
5564          (m) vote a security, in person or by general or limited proxy;
5565          (n) pay calls, assessments, and any other sums chargeable or accruing against or on
5566     account of securities;
5567          (o) sell or exercise stock subscription or conversion rights; consent, directly or through
5568     a committee or other agent, to the reorganization, consolidation, merger, dissolution, or
5569     liquidation of a corporation or other business enterprise;
5570          (p) hold a security in the name of a nominee or in other form without disclosure of the
5571     conservatorship so that title to the security may pass by delivery, but the conservator is liable
5572     for any act of the nominee in connection with the stock so held;
5573          (q) insure the assets of the estate against damage or loss and the conservator against
5574     liability with respect to third persons;
5575          (r) borrow money to be repaid from estate assets or otherwise; and advance money for
5576     the protection of the estate or the protected person, and for all expenses, losses, and liabilities

5577     sustained in the administration of the estate or because of the holding or ownership of any
5578     estate assets, and the conservator has a lien on the estate as against the protected person for
5579     advances so made;
5580          (s) pay or contest any claim; settle a claim by or against the estate or the protected
5581     person by compromise, arbitration, or otherwise; and release, in whole or in part, any claim
5582     belonging to the estate to the extent that the claim is uncollectible;
5583          (t) pay taxes, assessments, compensation of the conservator, and other expenses
5584     incurred in the collection, care, administration, and protection of the estate;
5585          (u) allocate items of income or expense to either estate income or principal, as
5586     provided by law, including creation of reserves out of income for depreciation, obsolescence,
5587     or amortization, or for depletion in mineral or timber properties;
5588          (v) pay any sum distributable to a protected person or dependent without liability to the
5589     conservator, by paying the sum to the distributee or by paying the sum for the use of the
5590     distributee either to the distributee's guardian, or if none, to a relative or other person with
5591     custody of the person;
5592          (w) employ persons, including attorneys, auditors, investment advisors, or agents, even
5593     though they are associated with the conservator, to advise or assist in the performance of
5594     administrative duties; act upon their recommendation without independent investigation; and
5595     instead of acting personally, employ one or more agents to perform any act of administration,
5596     whether or not discretionary;
5597          (x) prosecute or defend actions, claims, or proceedings in any jurisdiction for the
5598     protection of estate assets and of the conservator in the performance of the conservator's duties;
5599          (y) act as a qualified beneficiary of any trust in which the protected person is a
5600     qualified beneficiary; and
5601          (z) execute and deliver all instruments which will accomplish or facilitate the exercise
5602     of the powers vested in the conservator.
5603          Section 52. Section 76-5-303 is amended to read:
5604          76-5-303. Custodial interference.
5605          (1) As used in this section:
5606          (a) "Child" means a person under the age of 18.
5607          (b) "Custody" means court-ordered physical custody entered by a court of competent

5608     jurisdiction.
5609          (c) "Visitation" means court-ordered parent-time or visitation entered by a court of
5610     competent jurisdiction.
5611          (2) (a) A person who is entitled to custody of a child is guilty of custodial interference
5612     if, during a period of time when another person is entitled to visitation of the child, the person
5613     takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of
5614     the child, with the intent to interfere with the visitation of the child.
5615          (b) A person who is entitled to visitation of a child is guilty of custodial interference if,
5616     during a period of time when the person is not entitled to visitation of the child, the person
5617     takes, entices, conceals, detains, or withholds the child from a person who is entitled to custody
5618     of the child, with the intent to interfere with the custody of the child.
5619          (3) Except as provided in Subsection (4) or (5), custodial interference is a class B
5620     misdemeanor.
5621          (4) Except as provided in Subsection (5), the actor described in Subsection (2) is guilty
5622     of a class A misdemeanor if the actor:
5623          (a) commits custodial interference; and
5624          (b) has been convicted of custodial interference at least twice in the two-year period
5625     immediately preceding the day on which the commission of custodial interference described in
5626     Subsection (4)(a) occurs.
5627          (5) Custodial interference is a felony of the third degree if, during the course of the
5628     custodial interference, the actor described in Subsection (2) removes, causes the removal, or
5629     directs the removal of the child from the state.
5630          (6) In addition to the affirmative defenses described in Section 76-5-305, it is an
5631     affirmative defense to the crime of custodial interference that:
5632          (a) the action is consented to by the person whose custody or visitation of the child was
5633     interfered with; or
5634          (b) (i) the action is based on a reasonable belief that the action is necessary to protect a
5635     child from abuse, including sexual abuse; and
5636          (ii) before engaging in the action, the person reports the person's intention to engage in
5637     the action, and the basis for the belief described in Subsection (6)(b)(i), to the Division of
5638     Child and Family Services or law enforcement.

5639          (7) In addition to the other penalties described in this section, a person who is
5640     convicted of custodial interference is subject to the driver license suspension provisions of
5641     Subsection 53-3-220(1)(a)[(xviii)](xvii).
5642          Section 53. Section 78A-6-105 is amended to read:
5643          78A-6-105. Definitions.
5644          As used in this chapter:
5645          (1) (a) "Abuse" means:
5646          (i) nonaccidental harm of a child;
5647          (ii) threatened harm of a child;
5648          (iii) sexual exploitation;
5649          (iv) sexual abuse; or
5650          (v) human trafficking of a child in violation of Section 76-5-308.5.
5651          (b) that a child's natural parent:
5652          (i) intentionally, knowingly, or recklessly causes the death of another parent of the
5653     child;
5654          (ii) is identified by a law enforcement agency as the primary suspect in an investigation
5655     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
5656          (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
5657     recklessly causing the death of another parent of the child.
5658          (c) "Abuse" does not include:
5659          (i) reasonable discipline or management of a child, including withholding privileges;
5660          (ii) conduct described in Section 76-2-401; or
5661          (iii) the use of reasonable and necessary physical restraint or force on a child:
5662          (A) in self-defense;
5663          (B) in defense of others;
5664          (C) to protect the child; or
5665          (D) to remove a weapon in the possession of a child for any of the reasons described in
5666     Subsections (1)(b)(iii)(A) through (C).
5667          (2) "Abused child" means a child who has been subjected to abuse.
5668          (3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
5669     alleged in the petition have been proved. A finding of not competent to proceed pursuant to

5670     Section 78A-6-1302 is not an adjudication.
5671          (4) "Adult" means a person 18 years of age or over, except that a person 18 years or
5672     over under the continuing jurisdiction of the juvenile court pursuant to Section 78A-6-120 shall
5673     be referred to as a minor.
5674          (5) "Board" means the Board of Juvenile Court Judges.
5675          (6) "Child" means a person under 18 years of age.
5676          (7) "Child placement agency" means:
5677          (a) a private agency licensed to receive a child for placement or adoption under this
5678     code; or
5679          (b) a private agency that receives a child for placement or adoption in another state,
5680     which agency is licensed or approved where such license or approval is required by law.
5681          (8) "Clandestine laboratory operation" means the same as that term is defined in
5682     Section 58-37d-3.
5683          (9) "Commit" means, unless specified otherwise:
5684          (a) with respect to a child, to transfer legal custody; and
5685          (b) with respect to a minor who is at least 18 years of age, to transfer custody.
5686          (10) "Court" means the juvenile court.
5687          (11) "Dependent child" includes a child who is homeless or without proper care
5688     through no fault of the child's parent, guardian, or custodian.
5689          (12) "Deprivation of custody" means transfer of legal custody by the court from a
5690     parent or the parents or a previous legal custodian to another person, agency, or institution.
5691          (13) "Detention" means home detention and secure detention as defined in Section
5692     62A-7-101 for the temporary care of a minor who requires secure custody in a physically
5693     restricting facility:
5694          (a) pending court disposition or transfer to another jurisdiction; or
5695          (b) while under the continuing jurisdiction of the court.
5696          (14) "Division" means the Division of Child and Family Services.
5697          (15) "Formal referral" means a written report from a peace officer or other person
5698     informing the court that a minor is or appears to be within the court's jurisdiction and that a
5699     petition may be filed.
5700          (16) "Group rehabilitation therapy" means psychological and social counseling of one

5701     or more persons in the group, depending upon the recommendation of the therapist.
5702          (17) "Guardianship of the person" includes the authority to consent to:
5703          (a) marriage;
5704          (b) enlistment in the armed forces;
5705          (c) major medical, surgical, or psychiatric treatment; or
5706          (d) legal custody, if legal custody is not vested in another person, agency, or institution.
5707          (18) "Habitual truant" means the same as that term is defined in Section 53A-11-101.
5708          (19) "Harm" means:
5709          (a) physical or developmental injury or damage;
5710          (b) emotional damage that results in a serious impairment in the child's growth,
5711     development, behavior, or psychological functioning;
5712          (c) sexual abuse; or
5713          (d) sexual exploitation.
5714          (20) (a) "Incest" means engaging in sexual intercourse with a person whom the
5715     perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
5716     nephew, niece, or first cousin.
5717          (b) The relationships described in Subsection (20)(a) include:
5718          (i) blood relationships of the whole or half blood, without regard to legitimacy;
5719          (ii) relationships of parent and child by adoption; and
5720          (iii) relationships of stepparent and stepchild while the marriage creating the
5721     relationship of a stepparent and stepchild exists.
5722          (21) "Intellectual disability" means:
5723          (a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
5724     below on an individually administered IQ test, for infants, a clinical judgment of significantly
5725     subaverage intellectual functioning;
5726          (b) concurrent deficits or impairments in present adaptive functioning, the person's
5727     effectiveness in meeting the standards expected for his or her age by the person's cultural
5728     group, in at least two of the following areas: communication, self-care, home living,
5729     social/interpersonal skills, use of community resources, self-direction, functional academic
5730     skills, work, leisure, health, and safety; and
5731          (c) the onset is before the person reaches the age of 18 years.

5732          (22) "Legal custody" means a relationship embodying the following rights and duties:
5733          (a) the right to physical custody of the minor;
5734          (b) the right and duty to protect, train, and discipline the minor;
5735          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
5736     medical care;
5737          (d) the right to determine where and with whom the minor shall live; and
5738          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
5739          (23) "Mental disorder" means a serious emotional and mental disturbance that severely
5740     limits a minor's development and welfare over a significant period of time.
5741          (24) "Minor" means:
5742          (a) a child; or
5743          (b) a person who is:
5744          (i) at least 18 years of age and younger than 21 years of age; and
5745          (ii) under the jurisdiction of the juvenile court.
5746          (25) "Molestation" means that a person, with the intent to arouse or gratify the sexual
5747     desire of any person:
5748          (a) touches the anus or any part of the genitals of a child;
5749          (b) takes indecent liberties with a child; or
5750          (c) causes a child to take indecent liberties with the perpetrator or another.
5751          (26) "Natural parent" means a minor's biological or adoptive parent, and includes the
5752     minor's noncustodial parent.
5753          (27) (a) "Neglect" means action or inaction causing:
5754          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
5755     Relinquishment of a Newborn Child;
5756          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
5757     guardian, or custodian;
5758          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
5759     subsistence, education, or medical care, or any other care necessary for the child's health,
5760     safety, morals, or well-being; or
5761          (iv) a child to be at risk of being neglected or abused because another child in the same
5762     home is neglected or abused.

5763          (b) The aspect of neglect relating to education, described in Subsection (27)(a)(iii),
5764     means that, after receiving a notice of compulsory education violation under Section
5765     53A-11-101.5, or notice that a parent or guardian has failed to cooperate with school
5766     authorities in a reasonable manner as required under Subsection 53A-11-101.7(5)(a), the parent
5767     or guardian fails to make a good faith effort to ensure that the child receives an appropriate
5768     education.
5769          (c) A parent or guardian legitimately practicing religious beliefs and who, for that
5770     reason, does not provide specified medical treatment for a child, is not guilty of neglect.
5771          (d) (i) Notwithstanding Subsection (27)(a), a health care decision made for a child by
5772     the child's parent or guardian does not constitute neglect unless the state or other party to the
5773     proceeding shows, by clear and convincing evidence, that the health care decision is not
5774     reasonable and informed.
5775          (ii) Nothing in Subsection (27)(d)(i) may prohibit a parent or guardian from exercising
5776     the right to obtain a second health care opinion and from pursuing care and treatment pursuant
5777     to the second health care opinion, as described in Section 78A-6-301.5.
5778          (28) "Neglected child" means a child who has been subjected to neglect.
5779          (29) "Nonjudicial adjustment" means closure of the case by the assigned probation
5780     officer without judicial determination upon the consent in writing of:
5781          (a) the assigned probation officer; and
5782          (b) (i) the minor; or
5783          (ii) the minor and the minor's parent, legal guardian, or custodian.
5784          (30) "Not competent to proceed" means that a minor, due to a mental disorder,
5785     intellectual disability, or related condition as defined, lacks the ability to:
5786          (a) understand the nature of the proceedings against them or of the potential disposition
5787     for the offense charged; or
5788          (b) consult with counsel and participate in the proceedings against them with a
5789     reasonable degree of rational understanding.
5790          (31) "Physical abuse" means abuse that results in physical injury or damage to a child.
5791          (32) "Probation" means a legal status created by court order following an adjudication
5792     on the ground of a violation of law or under Section 78A-6-103, whereby the minor is
5793     permitted to remain in the minor's home under prescribed conditions and under supervision by

5794     the probation department or other agency designated by the court, subject to return to the court
5795     for violation of any of the conditions prescribed.
5796          (33) "Protective supervision" means a legal status created by court order following an
5797     adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
5798     remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
5799     dependency is provided by the probation department or other agency designated by the court.
5800          (34) "Related condition" means a condition closely related to intellectual disability in
5801     accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3, Utah
5802     Administrative Code.
5803          (35) (a) "Residual parental rights and duties" means those rights and duties remaining
5804     with the parent after legal custody or guardianship, or both, have been vested in another person
5805     or agency, including:
5806          (i) the responsibility for support;
5807          (ii) the right to consent to adoption;
5808          (iii) the right to determine the child's religious affiliation; and
5809          (iv) the right to reasonable parent-time unless restricted by the court.
5810          (b) If no guardian has been appointed, "residual parental rights and duties" also include
5811     the right to consent to:
5812          (i) marriage;
5813          (ii) enlistment; and
5814          (iii) major medical, surgical, or psychiatric treatment.
5815          (36) "Secure facility" means any facility operated by or under contract with the
5816     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
5817     youth offenders committed to the division for custody and rehabilitation.
5818          (37) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
5819     child.
5820          (38) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
5821     child.
5822          (39) "Sexual abuse" means:
5823          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
5824     adult directed towards a child;

5825          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
5826     committed by a child towards another child if:
5827          (i) there is an indication of force or coercion;
5828          (ii) the children are related, as [defined in Subsections (20)(a) and (20)(b)] described in
5829     Subsection (20);
5830          (iii) there have been repeated incidents of sexual contact between the two children,
5831     unless the children are 14 years of age or older; or
5832          (iv) there is a disparity in chronological age of four or more years between the two
5833     children; or
5834          (c) engaging in any conduct with a child that would constitute an offense under any of
5835     the following, regardless of whether the person who engages in the conduct is actually charged
5836     with, or convicted of, the offense:
5837          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
5838     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
5839          (ii) child bigamy, Section 76-7-101.5;
5840          (iii) incest, Section 76-7-102;
5841          (iv) lewdness, Section 76-9-702;
5842          (v) sexual battery, Section 76-9-702.1;
5843          (vi) lewdness involving a child, Section 76-9-702.5; or
5844          (vii) voyeurism, Section 76-9-702.7.
5845          (40) "Sexual exploitation" means knowingly:
5846          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
5847          (i) pose in the nude for the purpose of sexual arousal of any person; or
5848          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
5849     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
5850          (b) displaying, distributing, possessing for the purpose of distribution, or selling
5851     material depicting a child:
5852          (i) in the nude, for the purpose of sexual arousal of any person; or
5853          (ii) engaging in sexual or simulated sexual conduct; or
5854          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
5855     sexual exploitation of a minor, regardless of whether the person who engages in the conduct is

5856     actually charged with, or convicted of, the offense.
5857          (41) "Shelter" means the temporary care of a child in a physically unrestricted facility
5858     pending court disposition or transfer to another jurisdiction.
5859          (42) "State supervision" means a disposition that provides a more intensive level of
5860     intervention than standard probation but is less intensive or restrictive than a community
5861     placement with the Division of Juvenile Justice Services.
5862          (43) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
5863     substances.
5864          (44) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
5865          (45) "Supported" means the same as that term is defined in Section 62A-4a-101.
5866          (46) "Termination of parental rights" means the permanent elimination of all parental
5867     rights and duties, including residual parental rights and duties, by court order.
5868          (47) "Therapist" means:
5869          (a) a person employed by a state division or agency for the purpose of conducting
5870     psychological treatment and counseling of a minor in its custody; or
5871          (b) any other person licensed or approved by the state for the purpose of conducting
5872     psychological treatment and counseling.
5873          (48) "Unsubstantiated" means the same as that term is defined in Section 62A-4a-101.
5874          (49) "Without merit" means the same as that term is defined in Section 62A-4a-101.
5875          Section 54. Repealer.
5876          This bill repeals:
5877          Section 59-2-1116 (Section not in effect), Definitions -- Exemption for property
5878     leased to government entities -- Application process -- Rulemaking authority.






Legislative Review Note
Office of Legislative Research and General Counsel