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7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to certain boards and commissions.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires each executive branch board or commission to submit an annual report to
14 the governor's office and requires the governor's office to provide a summary report
15 to the Legislature;
16 ▸ requires each legislative branch board or commission to submit an annual report to
17 the Office of Legislative Research and General Counsel and requires the Office of
18 Legislative Research and General Council to provide a summary report to the
19 Legislature;
20 ▸ requires the governor to review and provide certain recommendations regarding
21 each newly created board or commission;
22 ▸ requires the Government Operations Interim Committee to receive and consider
23 taking action on recommendations made by the governor;
24 ▸ repeals the following entities and provisions related to the following entities:
25 • the Advisory Board on Children's Justice;
26 • the American Indian-Alaskan Native Education Commission;
27 • the Board of Juvenile Justice Services;
28 • the Commission on Civic and Character Education;
29 • the Economic Development Legislative Liaison Committee;
30 • the Free Market Protection and Privatization Board;
31 • the Governing Board of a Utah Interlocal Entity for Alternative Fuel Vehicles or
32 Facilities;
33 • the Judicial Rules Review Committee;
34 • the Legislative IT Steering Committee;
35 • the Online Court Assistance Program Policy Board;
36 • the Prison Development Commission;
37 • the State Council on Military Children;
38 • the Technology Advisory Board;
39 • the Towing Advisory Board; and
40 • the Utah Tax Review Commission;
41 ▸ combines the Commission for the Stewardship of Public Lands, the Commission on
42 Federalism, and the Federal Funds Commission into the Federalism Commission
43 and provides that the Federalism Commission subsumes the responsibilities of those
44 entities;
45 ▸ eliminates the Utah Futures Steering Committee and transfers responsibility for the
46 Utah Futures program to the Talent Ready Utah Board;
47 ▸ removes some legislators from the Native American Legislative Liaison Committee;
48 ▸ removes all legislators from the following:
49 • the Utah Commission on Aging;
50 • the Utah State Scenic Byway Committee; and
51 • the Utah Substance Use and Mental Health Advisory Council;
52 ▸ prohibits a legislator from being appointed to the following:
53 • the Committee on Children and Family Law;
54 • the Employability to Careers Program Board;
55 • the Governor's Child and Family Cabinet Council;
56 • the School Readiness Board;
57 • the Utah Commission on Literacy;
58 • the Utah Communications Authority Board;
59 • the Utah Developmental Disabilities Council;
60 • the Utah Lake Commission Governing Board;
61 • the Utah Multicultural Commission; and
62 • the Utah Science, Technology, and Research Initiative Governing Authority
63 Board;
64 ▸ adds a sunset date to the following entities and provisions related to the following
65 entities:
66 • the Air quality Policy Advisory Board;
67 • the Criminal Code Evaluation Task Force;
68 • the Legislative Process Committee;
69 • the Legislative Water Development Commission;
70 • the Native American Legislative Liaison Committee;
71 • the Point of the Mountain State Land Authority Board;
72 • the School Safety and Crisis Line Commission;
73 • the Spinal Cord and Brain Injury Rehabilitation Fund Advisory Committee;
74 • the Standards Review Committee;
75 • the Talent Ready Utah Board;
76 • the Utah Seismic Safety Commission;
77 • the Utah State Scenic Byway Committee;
78 • the Utah Substance Use and Mental Health Advisory Council;
79 • the Utah Transparency Advisory Board;
80 • the Veterans and Military Affairs Commission; and
81 • the Women in the Economy Commission;
82 ▸ modifies sunset provisions related to the following:
83 • the Mental Health Crisis Line Commission; and
84 • the Utah Commission on Aging;
85 ▸ adds a sunset date to the legislative membership of the following entities:
86 • the Pete Suazo Athletic Commission; and
87 • the Utah State Fair Corporation Board of Directors;
88 ▸ Adds provisions to automatically repeal the following:
89 • the Clean Air Act Compliance Advisory Panel;
90 • the Employability to Careers Program Board;
91 • the Road Usage Charge Advisory Committee; and
92 • the State Fair Park Committee;
93 ▸ repeals obsolete provisions; and
94 ▸ makes technical and conforming changes.
95 Money Appropriated in this Bill:
96 None
97 Other Special Clauses:
98 This bill provides a special effective date.
99 This bill provides coordination clauses.
100 Utah Code Sections Affected:
101 AMENDS:
102 9-9-104.6, as last amended by Laws of Utah 2018, Chapter 415
103 9-9-408, as enacted by Laws of Utah 2017, Chapter 88
104 35A-3-209, as renumbered and amended by Laws of Utah 2018, Chapter 389
105 36-22-1, as last amended by Laws of Utah 2014, Chapter 387
106 40-6-16, as last amended by Laws of Utah 2016, Chapter 317
107 52-4-103, as amended by Statewide Initiative -- Proposition 4, Nov. 6, 2018
108 53F-5-601, as renumbered and amended by Laws of Utah 2018, Chapter 2
109 53F-5-602, as renumbered and amended by Laws of Utah 2018, Chapter 2
110 53F-5-604, as renumbered and amended by Laws of Utah 2018, Chapter 2
111 53G-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
112 54-1-13, as last amended by Laws of Utah 2016, Chapter 13
113 62A-1-105, as last amended by Laws of Utah 2016, Chapter 300
114 62A-1-107, as last amended by Laws of Utah 2016, Chapter 300
115 62A-1-109, as enacted by Laws of Utah 1988, Chapter 1
116 62A-7-101, as last amended by Laws of Utah 2017, Chapter 330
117 62A-7-102, as last amended by Laws of Utah 2008, Chapter 3
118 62A-7-103, as last amended by Laws of Utah 1992, Chapter 104
119 62A-7-104, as last amended by Laws of Utah 2017, Chapters 282 and 330
120 62A-7-106.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
121 62A-7-201, as last amended by Laws of Utah 2017, Chapter 330
122 62A-7-401.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
123 62A-7-501, as last amended by Laws of Utah 2017, Chapter 330
124 62A-7-502, as renumbered and amended by Laws of Utah 2005, Chapter 13
125 62A-7-506, as last amended by Laws of Utah 2017, Chapter 330
126 62A-7-601, as last amended by Laws of Utah 2017, Chapter 330
127 62A-7-701, as last amended by Laws of Utah 2017, Chapter 330
128 63A-5-225, as enacted by Laws of Utah 2015, Chapter 182
129 63B-25-101, as last amended by Laws of Utah 2018, Chapter 280
130 63C-4a-101, as enacted by Laws of Utah 2013, Chapter 101
131 63C-4a-102, as enacted by Laws of Utah 2013, Chapter 101
132 63C-4a-301, as enacted by Laws of Utah 2013, Chapter 101
133 63C-4a-302, as last amended by Laws of Utah 2014, Chapter 387
134 63C-4a-303, as last amended by Laws of Utah 2018, Chapters 81 and 338
135 63C-4a-306, as enacted by Laws of Utah 2014, Chapter 221
136 63C-4a-307, as enacted by Laws of Utah 2018, Chapter 338
137 63F-1-102, as last amended by Laws of Utah 2017, Chapter 238
138 63F-1-203, as last amended by Laws of Utah 2017, Chapter 238
139 63F-1-303, as last amended by Laws of Utah 2012, Chapter 369
140 63F-4-201, as enacted by Laws of Utah 2018, Chapter 144
141 63F-4-202, as enacted by Laws of Utah 2018, Chapter 144
142 63H-7a-203, as last amended by Laws of Utah 2017, Chapter 430
143 63I-1-209, as last amended by Laws of Utah 2014, Chapter 117
144 63I-1-211, as enacted by Laws of Utah 2011, Second Special Session, Chapter 1
145 63I-1-219, as last amended by Laws of Utah 2018, Chapter 31
146 63I-1-223, as renumbered and amended by Laws of Utah 2008, Chapter 382
147 63I-1-226, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
148 63I-1-232, as renumbered and amended by Laws of Utah 2008, Chapter 382
149 63I-1-235, as last amended by Laws of Utah 2018, Chapters 232 and 392
150 63I-1-236, as last amended by Laws of Utah 2018, Chapters 33, 170, and 342
151 63I-1-241, as last amended by Laws of Utah 2015, Chapter 109
152 63I-1-251, as enacted by Laws of Utah 2015, Chapter 275
153 63I-1-253, as last amended by Laws of Utah 2018, Chapters 107, 117, 385, 415, and
154 453
155 63I-1-262, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
156 63I-1-263, as last amended by Laws of Utah 2018, Chapters 85, 144, 182, 261, 321,
157 338, 340, 347, 369, 428, 430, and 469
158 63I-1-267, as last amended by Laws of Utah 2017, Chapter 192
159 63I-1-272, as renumbered and amended by Laws of Utah 2008, Chapter 382
160 63I-1-273, as last amended by Laws of Utah 2018, Chapters 344 and 418
161 63I-2-219, as last amended by Laws of Utah 2018, Chapters 241 and 281
162 63I-2-263, as last amended by Laws of Utah 2018, Chapters 38, 95, 382, and 469
163 63I-2-272, as last amended by Laws of Utah 2017, Chapter 427
164 63J-4-606, as last amended by Laws of Utah 2014, Chapter 319
165 63J-4-607, as last amended by Laws of Utah 2018, Chapter 411
166 63J-4-702, as enacted by Laws of Utah 2017, Chapter 253
167 63L-10-102, as enacted by Laws of Utah 2018, Chapter 411
168 63L-10-103, as enacted by Laws of Utah 2018, Chapter 411
169 63L-10-104, as enacted by Laws of Utah 2018, Chapter 411
170 63M-2-301, as last amended by Laws of Utah 2016, Chapter 240
171 63M-7-301, as last amended by Laws of Utah 2018, Chapter 414
172 63M-7-302, as last amended by Laws of Utah 2016, Chapter 158
173 63M-7-601, as last amended by Laws of Utah 2016, Chapter 32
174 63M-11-201, as last amended by Laws of Utah 2017, Chapter 95
175 63M-11-206, as last amended by Laws of Utah 2014, Chapter 387
176 63N-1-201, as last amended by Laws of Utah 2017, Chapters 277 and 310
177 67-1-2.5, as last amended by Laws of Utah 2002, Chapter 176
178 67-5b-102, as last amended by Laws of Utah 2018, Chapters 94 and 200
179 67-5b-105, as last amended by Laws of Utah 2016, Chapter 290
180 72-4-302, as last amended by Laws of Utah 2015, Chapter 258
181 73-10g-105, as last amended by Laws of Utah 2016, Chapter 309
182 78A-2-501, as last amended by Laws of Utah 2017, Chapter 115
183 ENACTS:
184 36-12-21, Utah Code Annotated 1953
185 36-12-22, Utah Code Annotated 1953
186 53E-3-920.1, Utah Code Annotated 1953
187 63I-1-204, Utah Code Annotated 1953
188 RENUMBERS AND AMENDS:
189 63C-4a-308, (Renumbered from 63C-4b-104, as enacted by Laws of Utah 2016,
190 Chapter 408)
191 63C-4a-309, (Renumbered from 63C-14-301, as last amended by Laws of Utah 2018,
192 Chapter 81)
193 63C-4a-404, (Renumbered from 63C-4b-105, as enacted by Laws of Utah 2016,
194 Chapter 408)
195 63C-4a-405, (Renumbered from 63C-4b-106, as enacted by Laws of Utah 2016,
196 Chapter 408)
197 63N-12-505, (Renumbered from 53B-17-108, as last amended by Laws of Utah 2017,
198 Chapter 370)
199 REPEALS:
200 10-1-119, as last amended by Laws of Utah 2014, Chapter 189
201 11-13-224, as last amended by Laws of Utah 2015, Chapter 265
202 17-50-107, as last amended by Laws of Utah 2013, Chapter 325
203 36-20-1, as last amended by Laws of Utah 2008, Chapter 3
204 36-20-2, as last amended by Laws of Utah 2010, Chapter 324
205 36-20-3, as enacted by Laws of Utah 1993, Chapter 282
206 36-20-4, as enacted by Laws of Utah 1993, Chapter 282
207 36-20-5, as enacted by Laws of Utah 1993, Chapter 282
208 36-20-6, as last amended by Laws of Utah 1996, Chapter 36
209 36-20-7, as enacted by Laws of Utah 1993, Chapter 282
210 36-20-8, as enacted by Laws of Utah 1993, Chapter 282
211 36-30-101, as enacted by Laws of Utah 2017, Chapter 277
212 36-30-102, as enacted by Laws of Utah 2017, Chapter 277
213 36-30-201, as enacted by Laws of Utah 2017, Chapter 277
214 36-30-202, as enacted by Laws of Utah 2017, Chapter 277
215 36-30-203, as enacted by Laws of Utah 2017, Chapter 277
216 53E-3-920, as last amended by Laws of Utah 2018, Chapter 39 and renumbered and
217 amended by Laws of Utah 2018, Chapter 1
218 53E-10-401, as renumbered and amended by Laws of Utah 2018, Chapter 1
219 53E-10-402, as renumbered and amended by Laws of Utah 2018, Chapter 1
220 53E-10-403, as renumbered and amended by Laws of Utah 2018, Chapter 1
221 53E-10-404, as renumbered and amended by Laws of Utah 2018, Chapter 1
222 53E-10-405, as renumbered and amended by Laws of Utah 2018, Chapter 1
223 53E-10-406, as renumbered and amended by Laws of Utah 2018, Chapter 1
224 53E-10-407, as enacted by Laws of Utah 2018, Chapter 1
225 59-1-901, as last amended by Laws of Utah 2007, Chapter 288
226 59-1-902, as enacted by Laws of Utah 1990, Chapter 237
227 59-1-903, as last amended by Laws of Utah 2011, Chapter 384
228 59-1-904, as last amended by Laws of Utah 2011, Chapter 384
229 59-1-905, as last amended by Laws of Utah 2014, Chapter 387
230 59-1-907, as enacted by Laws of Utah 1990, Chapter 237
231 59-1-908, as enacted by Laws of Utah 1990, Chapter 237
232 63C-4b-101, as enacted by Laws of Utah 2016, Chapter 408
233 63C-4b-102, as enacted by Laws of Utah 2016, Chapter 408
234 63C-4b-103, as enacted by Laws of Utah 2016, Chapter 408
235 63C-4b-107, as enacted by Laws of Utah 2016, Chapter 408
236 63C-14-101, as enacted by Laws of Utah 2013, Chapter 62
237 63C-14-102, as enacted by Laws of Utah 2013, Chapter 62
238 63C-14-201, as enacted by Laws of Utah 2013, Chapter 62
239 63C-14-202, as last amended by Laws of Utah 2014, Chapter 387
240 63C-14-302, as last amended by Laws of Utah 2015, Chapter 409
241 63C-16-101, as enacted by Laws of Utah 2015, Chapter 182
242 63C-16-102, as enacted by Laws of Utah 2015, Chapter 182
243 63C-16-201, as enacted by Laws of Utah 2015, Chapter 182
244 63C-16-202, as enacted by Laws of Utah 2015, Chapter 182
245 63C-16-203, as enacted by Laws of Utah 2015, Chapter 182
246 63C-16-204, as enacted by Laws of Utah 2015, Chapter 182
247 63F-1-202, as last amended by Laws of Utah 2017, Chapter 238
248 63I-4a-101, as renumbered and amended by Laws of Utah 2013, Chapter 325
249 63I-4a-102, as last amended by Laws of Utah 2018, Chapter 415
250 63I-4a-201, as enacted by Laws of Utah 2013, Chapter 325
251 63I-4a-202, as last amended by Laws of Utah 2014, Chapters 189 and 387
252 63I-4a-203, as last amended by Laws of Utah 2018, Chapter 81
253 63I-4a-204, as enacted by Laws of Utah 2013, Chapter 325
254 63I-4a-205, as renumbered and amended by Laws of Utah 2013, Chapter 325
255 63I-4a-301, as enacted by Laws of Utah 2013, Chapter 325
256 63I-4a-302, as renumbered and amended by Laws of Utah 2013, Chapter 325
257 63I-4a-303, as last amended by Laws of Utah 2013, Chapter 310 and renumbered and
258 amended by Laws of Utah 2013, Chapter 325
259 63I-4a-304, as renumbered and amended by Laws of Utah 2013, Chapter 325
260 63I-4a-401, as enacted by Laws of Utah 2013, Chapter 325
261 63I-4a-402, as renumbered and amended by Laws of Utah 2013, Chapter 325
262 67-1a-10, as last amended by Laws of Utah 2014, Chapter 387
263 67-1a-11, as last amended by Laws of Utah 2018, Chapter 415
264 67-5b-106, as last amended by Laws of Utah 2016, Chapter 290
265 72-9-606, as enacted by Laws of Utah 2017, Chapter 298
266 78A-2-502, as last amended by Laws of Utah 2017, Chapter 115
267 Utah Code Sections Affected by Coordination Clause:
268 53G-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
269 63I-1-253, as last amended by Laws of Utah 2018, Chapters 107, 117, 385, 415, and
270 453
271 63I-1-226, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
272 63I-1-262, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
273 63I-1-263, as last amended by Laws of Utah 2018, Chapters 85, 144, 182, 261, 321,
274 338, 340, 347, 369, 428, 430, and 469
275 63I-2-226, as last amended by Laws of Utah 2018, Chapters 38 and 281
276 63I-2-263, as last amended by Laws of Utah 2018, Chapters 38, 95, 382, and 469
277
278 Be it enacted by the Legislature of the state of Utah:
279 Section 1. Section 9-9-104.6 is amended to read:
280 9-9-104.6. Participation of state agencies in meetings with tribal leaders --
281 Contact information.
282 (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
283 division shall coordinate with representatives of tribal governments and the entities listed in
284 Subsection (2) to provide for the broadest participation possible in the joint meetings.
285 (2) The following may participate in all meetings described in Subsection (1):
286 (a) the chairs of the Native American Legislative Liaison Committee created in Section
287 36-22-1;
288 (b) the governor or the governor's designee;
289 (c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
290 with Section 26-7-2.5; or
291 (ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
292 representative of the Department of Health appointed by the executive director of the
293 Department of Health;
294 (d) the American Indian-Alaskan Native Public Education Liaison appointed in
295 accordance with Section [
296 (e) a representative appointed by the chief administrative officer of the following:
297 (i) the Department of Human Services;
298 (ii) the Department of Natural Resources;
299 (iii) the Department of Workforce Services;
300 (iv) the Governor's Office of Economic Development;
301 (v) the State Board of Education; and
302 (vi) the State Board of Regents.
303 (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
304 (i) designate the name of a contact person for that agency that can assist in coordinating
305 the efforts of state and tribal governments in meeting the needs of the Native Americans
306 residing in the state; and
307 (ii) notify the division:
308 (A) who is the designated contact person described in Subsection (3)(a)(i); and
309 (B) of any change in who is the designated contact person described in Subsection
310 (3)(a)(i).
311 (b) This Subsection (3) applies to:
312 (i) the Department of Agriculture and Food;
313 (ii) the Department of Heritage and Arts;
314 (iii) the Department of Corrections;
315 (iv) the Department of Environmental Quality;
316 (v) the Department of Public Safety;
317 (vi) the Department of Transportation;
318 (vii) the Office of the Attorney General;
319 (viii) the State Tax Commission; and
320 (ix) any agency described in Subsections (2)(c) through (e).
321 (c) At the request of the division, a contact person listed in Subsection (3)(b) may
322 participate in a meeting described in Subsection (1).
323 (4) (a) A participant under this section who is not a legislator may not receive
324 compensation or benefits for the participant's service, but may receive per diem and travel
325 expenses as allowed in:
326 (i) Section 63A-3-106;
327 (ii) Section 63A-3-107; and
328 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
329 63A-3-107.
330 (b) Compensation and expenses of a participant who is a legislator are governed by
331 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
332 Section 2. Section 9-9-408 is amended to read:
333 9-9-408. Burial of ancient Native American remains in state parks.
334 (1) As used in this section:
335 (a) "Ancient Native American remains" means ancient human remains, as defined in
336 Section 9-8-302, that are Native American remains, as defined in Section 9-9-402.
337 (b) "Antiquities Section" means the Antiquities Section of the Division of State History
338 created in Section 9-8-304.
339 (2) (a) The division, the Antiquities Section, and the Division of Parks and Recreation
340 shall cooperate in a study of the feasibility of burying ancient Native American remains in state
341 parks.
342 (b) The study shall include:
343 (i) the process and criteria for determining which state parks would have land sufficient
344 and appropriate to reserve a portion of the land for the burial of ancient Native American
345 remains;
346 (ii) the process for burying the ancient Native American remains on the lands within
347 state parks, including the responsibilities of state agencies and the assurance of cultural
348 sensitivity;
349 (iii) how to keep a record of the locations in which specific ancient Native American
350 remains are buried;
351 (iv) how to account for the costs of:
352 (A) burying the ancient Native American remains on lands found within state parks;
353 and
354 (B) securing and maintaining burial sites in state parks; and
355 (v) any issues related to burying ancient Native American remains in state parks.
356 [
357
358
359 Section 3. Section 35A-3-209 is amended to read:
360 35A-3-209. Establishment of the School Readiness Board -- Membership --
361 Program intermediary -- Funding prioritization.
362 (1) The terms defined in Section 53F-6-301 apply to this section.
363 (2) There is created the School Readiness Board within the Department of Workforce
364 Services composed of:
365 (a) the director of the Department of Workforces Services or the director's designee;
366 (b) one member appointed by the State Board of Education;
367 (c) one member appointed by the chair of the State Charter School Board;
368 (d) one member, appointed by the speaker of the House of Representatives, who:
369 (i) has research experience in the area of early childhood development, including
370 special education[
371 (ii) is not a legislator; and
372 (e) one member, appointed by the president of the Senate, who:
373 (i) (A) has expertise in pay for success programs; or
374 [
375 meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq[
376 and
377 (ii) is not a legislator.
378 (3) (a) A member described in Subsection (2)(c), (d), or (e) shall serve for a term of
379 two years.
380 (b) If a vacancy occurs for a member described in Subsection (2)(c), (d), or (e), the
381 person appointing the member shall appoint a replacement to serve the remainder of the
382 member's term.
383 (4) A member may not receive compensation or benefits for the member's service.
384 (5) The department shall provide staff support to the board.
385 (6) (a) The board members shall elect a chair of the board from the board's
386 membership.
387 (b) The board shall meet upon the call of the chair or a majority of the board members.
388 (7) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and subject to
389 Subsection (8), the board shall:
390 (a) select a program intermediary that:
391 (i) is a nonprofit entity; and
392 (ii) has experience:
393 (A) developing and executing contracts;
394 (B) structuring the terms and conditions of a pay for success program;
395 (C) coordinating the funding and management of a pay for success program; and
396 (D) raising private investment capital necessary to fund program services related to a
397 pay for success program; and
398 (b) enter into a contract with the program intermediary.
399 (8) The board may not enter into a contract described in Subsection (7) without the
400 consent of the department regarding:
401 (a) the program intermediary selected; and
402 (b) the terms of the contract.
403 (9) A contract described in Subsection (7)(b) shall:
404 (a) require the program intermediary to:
405 (i) seek out participants for results-based contracts;
406 (ii) advise the board on results-based contracts; and
407 (iii) make recommendations directly to the board on:
408 (A) when to enter a results-based contract; and
409 (B) the terms of a results-based contract; and
410 (b) include a provision that the program intermediary is not eligible to receive or view
411 personally identifiable student data of eligible students funded under the School Readiness
412 Initiative described in this part and Title 53F, Chapter 6, Part 3, School Readiness Initiative.
413 (10) In allocating funding, the board shall:
414 (a) give first priority to a results-based contract described in Subsection 53F-6-309(3)
415 to fund a high quality school readiness program directly;
416 (b) give second priority to a results-based contract that includes an investor; and
417 (c) give third priority to a grant described in Section 53F-6-305.
418 (11) Other powers and duties of the board are described in Title 53F, Chapter 6, Part 3,
419 School Readiness Initiative.
420 Section 4. Section 36-12-21 is enacted to read:
421 36-12-21. Legislators serving in organizations without legislative sanction --
422 Prohibited participation -- Repealed organizations.
423 (1) The Legislative IT Steering Committee created by the Legislative Management
424 Committee on July 17, 2007, is dissolved.
425 (2) (a) Except as provided in Subsection (2)(b):
426 (i) a legislator may not serve on:
427 (A) the Committee on Children and Family Law created under Judicial Rule 1-205;
428 (B) the Governor's Child and Family Cabinet Council created under Executive Order
429 2007-0005;
430 (C) the Utah Commission on Literacy created under Executive Order 2004-0011;
431 (D) the Utah Developmental Disabilities Council created under Executive Order
432 2006-0001; or
433 (E) the Utah Multicultural Commission created under Executive Order EO/007/2013;
434 and
435 (ii) the speaker of the House of Representatives or the president of the Senate may not
436 appoint a legislator, and a legislator may not serve in the legislator's capacity as a legislator, on
437 the Utah Lake Commission.
438 (b) The Legislative Management Committee may, on a case-by-case basis, approve:
439 (i) a legislator to serve on an entity described in Subsection (2)(a)(i); or
440 (ii) an action that is otherwise prohibited under Subsection (2)(a)(ii).
441 Section 5. Section 36-12-22 is enacted to read:
442 36-12-22. Review of legislative workload -- Reports from committees with
443 legislators.
444 (1) As used in this section:
445 (a) "Legislative board or commission" means a board, commission, council,
446 committee, working group, task force, study group, advisory group, or other body:
447 (i) with a defined, limited membership;
448 (ii) that has a member who is required to be:
449 (A) a member of the Legislature; or
450 (B) appointed by a member of the Legislature; and
451 (iii) that has operated or is intended to operate for more than six months.
452 (b) "Legislative board or commission" does not include:
453 (i) a standing, ethics, interim, appropriations, confirmation, or rules committee of the
454 Legislature;
455 (ii) the Legislative Management Committee or a subcommittee of the Legislative
456 Management Committee; or
457 (iii) an organization that is prohibited from having a member that is a member of the
458 Legislature.
459 (2) (a) Before September 1 of each year, each legislative board or commission shall
460 prepare and submit to the Office of Legislative Research and General Counsel an annual report
461 that includes:
462 (i) the name of the legislative board or commission;
463 (ii) a description of the legislative board's or commission's official function and
464 purpose;
465 (iii) the total number of members of the legislative board or commission;
466 (iv) the number of the legislative board's or commission's members who are legislators;
467 (v) the compensation, if any, paid to the members of the legislative board or
468 commission;
469 (vi) a description of the actual work performed by the legislative board or commission
470 since the last report the legislative board or commission submitted to the Office of Legislative
471 Research and General Counsel under this section;
472 (vii) a description of actions taken by the legislative board or commission since the last
473 report the legislative board or commission submitted to the Office of Legislative Research and
474 General Counsel under this section;
475 (viii) recommendations on whether any statutory, rule, or other changes are needed to
476 make the legislative board or commission more effective; and
477 (ix) an indication of whether the legislative board or commission should continue to
478 exist.
479 (b) The Office of Legislative Research and General Counsel shall compile and post the
480 reports described in Subsection (2)(a) to the Legislature's website before October 1 of each
481 year.
482 (3) (a) The Office of Legislative Research and General Counsel shall prepare an annual
483 report by October 1 of each year that includes, as of September 1 of that year:
484 (i) the total number of legislative boards and commissions that exist in the state;
485 (ii) a summary of the reports submitted to the Office of Legislative Research and
486 General Counsel under Subsection (2), including:
487 (A) a list of each legislative board or commission that submitted a report under
488 Subsection (2);
489 (B) a list of each legislative board or commission that did not submit a report under
490 Subsection (2);
491 (C) an indication of any recommendations made under Subsection (2)(a)(viii); and
492 (D) a list of any legislative boards or commissions that indicated under Subsection
493 (2)(a)(ix) that the legislative board or commission should no longer exist.
494 (b) The Office of Legislative Research and General Counsel shall:
495 (i) distribute copies of the report described in Subsection (3)(a) to:
496 (A) the president of the Senate;
497 (B) the speaker of the House;
498 (C) the Legislative Management Committee; and
499 (D) the Government Operations Interim Committee; and
500 (ii) post the report described in Subsection (3)(a) to the Legislature's website.
501 (c) Each year, the Government Operations Interim Committee shall prepare legislation
502 making any changes the committee determines are suitable with respect to the report the
503 committee receives under Subsection (3)(b), including:
504 (i) repealing a legislative board or commission that is no longer functional or
505 necessary; and
506 (ii) making appropriate changes to make a legislative board or commission more
507 effective.
508 Section 6. Section 36-22-1 is amended to read:
509 36-22-1. Native American Legislative Liaison Committee -- Creation --
510 Membership -- Chairs -- Salaries and expenses.
511 (1) There is created the Native American Legislative Liaison Committee.
512 (2) The committee [
513 (a) [
514 no more than [
515 (b) [
516 whom [
517 (3) The speaker of the House shall select one of the members from the House of
518 Representatives to act as cochair of the committee.
519 (4) The president of the Senate shall select one of the members from the Senate to act
520 as cochair of the committee.
521 (5) Compensation and expenses of a member who is a legislator are governed by
522 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
523 Section 7. Section 40-6-16 is amended to read:
524 40-6-16. Duties of division.
525 [
526 [
527 limited to production data, pre-drilling checks, and site security reviews;
528 [
529 [
530 [
531 be presented to the board;
532 [
533 and orders enacted under Section 40-6-5; and
534 [
535 in writing of the issuance of a drilling permit.
536 [
537
538
539 Section 8. Section 52-4-103 is amended to read:
540 52-4-103. Definitions.
541 As used in this chapter:
542 (1) "Anchor location" means the physical location from which:
543 (a) an electronic meeting originates; or
544 (b) the participants are connected.
545 (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
546 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
547 City.
548 (3) (a) "Convening" means the calling together of a public body by a person authorized
549 to do so for the express purpose of discussing or acting upon a subject over which that public
550 body has jurisdiction or advisory power.
551 (b) "Convening" does not include the initiation of a routine conversation between
552 members of a board of trustees of a large public transit district if the members involved in the
553 conversation do not, during the conversation, take a tentative or final vote on the matter that is
554 the subject of the conversation.
555 (4) "Electronic meeting" means a public meeting convened or conducted by means of a
556 conference using electronic communications.
557 (5) "Electronic message" means a communication transmitted electronically, including:
558 (a) electronic mail;
559 (b) instant messaging;
560 (c) electronic chat;
561 (d) text messaging, as that term is defined in Section 76-4-401; or
562 (e) any other method that conveys a message or facilitates communication
563 electronically.
564 (6) (a) "Meeting" means the convening of a public body or a specified body, with a
565 quorum present, including a workshop or an executive session, whether in person or by means
566 of electronic communications, for the purpose of discussing, receiving comments from the
567 public about, or acting upon a matter over which the public body or specific body has
568 jurisdiction or advisory power.
569 (b) "Meeting" does not mean:
570 (i) a chance gathering or social gathering;
571 (ii) a convening of the State Tax Commission to consider a confidential tax matter in
572 accordance with Section 59-1-405; or
573 (iii) a convening of a three-member board of trustees of a large public transit district as
574 defined in Section 17B-2a-802 if:
575 (A) the board members do not, during the conversation, take a tentative or final vote on
576 the matter that is the subject of the conversation; or
577 (B) the conversation pertains only to day-to-day management and operation of the
578 public transit district.
579 (c) "Meeting" does not mean the convening of a public body that has both legislative
580 and executive responsibilities if:
581 (i) no public funds are appropriated for expenditure during the time the public body is
582 convened; and
583 (ii) the public body is convened solely for the discussion or implementation of
584 administrative or operational matters:
585 (A) for which no formal action by the public body is required; or
586 (B) that would not come before the public body for discussion or action.
587 (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
588 public statements of each member of the public body who is participating in a meeting.
589 (8) "Participate" means the ability to communicate with all of the members of a public
590 body, either verbally or electronically, so that each member of the public body can hear or
591 observe the communication.
592 (9) (a) "Public body" means:
593 (i) any administrative, advisory, executive, or legislative body of the state or its
594 political subdivisions that:
595 (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
596 (B) consists of two or more persons;
597 (C) expends, disburses, or is supported in whole or in part by tax revenue; and
598 (D) is vested with the authority to make decisions regarding the public's business; or
599 (ii) any administrative, advisory, executive, or policymaking body of an association, as
600 that term is defined in Section 53G-7-1101, that:
601 (A) consists of two or more persons;
602 (B) expends, disburses, or is supported in whole or in part by dues paid by a public
603 school or whose employees participate in a benefit or program described in Title 49, Utah State
604 Retirement and Insurance Benefit Act; and
605 (C) is vested with authority to make decisions regarding the participation of a public
606 school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
607 (b) "Public body" includes:
608 (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
609 Section 11-13-103;
610 (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
611 and
612 (iii) the Utah Independent Redistricting Commission.
613 (c) "Public body" does not include:
614 (i) a political party, a political group, or a political caucus;
615 (ii) a conference committee, a rules committee, or a sifting committee of the
616 Legislature;
617 (iii) a school community council or charter trust land council, as that term is defined in
618 Section 53G-7-1203;
619 [
620
621 [
622 [
623 in Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to
624 recommend for employment, except that the meeting in which a subcommittee votes to
625 recommend that a candidate be employed shall be subject to the provisions of this act:
626 (A) the Research and General Counsel Subcommittee;
627 (B) the Budget Subcommittee; and
628 (C) the Audit Subcommittee.
629 (10) "Public statement" means a statement made in the ordinary course of business of
630 the public body with the intent that all other members of the public body receive it.
631 (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
632 otherwise defined by applicable law.
633 (b) "Quorum" does not include a meeting of two elected officials by themselves when
634 no action, either formal or informal, is taken on a subject over which these elected officials
635 have advisory power.
636 (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
637 meeting that can be used to review the proceedings of the meeting.
638 (13) "Specified body":
639 (a) means an administrative, advisory, executive, or legislative body that:
640 (i) is not a public body;
641 (ii) consists of three or more members; and
642 (iii) includes at least one member who is:
643 (A) a legislator; and
644 (B) officially appointed to the body by the president of the Senate, speaker of the
645 House of Representatives, or governor; and
646 (b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(vi).
647 (14) "Transmit" means to send, convey, or communicate an electronic message by
648 electronic means.
649 Section 9. Section 53E-3-920.1 is enacted to read:
650 53E-3-920.1. State council - Creation.
651 The State Board of Education shall create a state council described in Section
652 53E-3-909 to accomplish the duties described in Section 53E-3-909.
653 Section 10. Section 53F-5-601 is amended to read:
654 53F-5-601. Definitions.
655 [
656 [
657 [
658 where at least 29% of [
659 [
660 (3) "Native American Legislative Liaison Committee" means the committee created in
661 Section 36-22-1.
662 (4) "State plan" means the state plan adopted under Laws of Utah 2015, Chapter 53,
663 Section 7.
664 [
665 who is required to hold an educator license issued by the board and who has an assignment to
666 teach in a classroom.
667 Section 11. Section 53F-5-602 is amended to read:
668 53F-5-602. Pilot programs created.
669 (1) (a) In addition to the state plan [
670
671 Chapter 53, Section 7, beginning with fiscal year 2016-2017, there is created a five-year pilot
672 program administered by the board to provide grants targeted to address the needs of American
673 Indian and Alaskan Native students.
674 (b) The pilot program shall consist of a grant program to school districts and charter
675 schools to be used to fund stipends, recruitment, retention, and professional development of
676 teachers who teach in American Indian and Alaskan Native concentrated schools.
677 (2) (a) Beginning with fiscal year 2017-2018, there is created a four-year pilot program
678 administered by the board to provide grants targeted to address the needs of American Indian
679 and Alaskan Native students.
680 (b) The pilot program shall consist of a grant program to school districts and charter
681 schools to be used to fund stipends, recruitment, retention, and professional development of
682 teachers who teach in American Indian and Alaskan Native concentrated schools.
683 (c) In determining grant recipients under this Subsection (2), the board shall give
684 priority to American Indian and Alaskan Native concentrated schools located in a county of the
685 fourth, fifth, or sixth class with significant populations of American Indians and Alaskan
686 Natives.
687 (3) Up to 3% of the money appropriated to a grant program under this part may be used
688 by the board for costs in implementing the pilot program.
689 Section 12. Section 53F-5-604 is amended to read:
690 53F-5-604. Liaison -- Reporting -- Meeting.
691 (1) Subject to budget constraints, the superintendent of public instruction appointed
692 under Section 53E-3-301 shall appoint an individual as the American Indian-Alaskan Native
693 Public Education Liaison.
694 [
695 (a) work under the direction of the superintendent in the development and
696 implementation of the state plan; and
697 (b) annually report to the Native American Legislative Liaison Committee created
698 under Section 36-22-1 during the term of a pilot program under this part regarding:
699 [
700 [
701 [
702 [
703 at least one meeting at which education is discussed with selected stakeholders.
704 Section 13. Section 53G-10-204 is amended to read:
705 53G-10-204. Civic and character education -- Definitions -- Legislative finding --
706 Elements -- Reporting requirements.
707 (1) As used in this section:
708 (a) "Character education" means reaffirming values and qualities of character which
709 promote an upright and desirable citizenry.
710 (b) "Civic education" means the cultivation of informed, responsible participation in
711 political life by competent citizens committed to the fundamental values and principles of
712 representative democracy in Utah and the United States.
713 (c) "Values" means time-established principles or standards of worth.
714 (2) The Legislature recognizes that:
715 (a) Civic and character education are fundamental elements of the public education
716 system's core mission as originally intended and established under Article X of the Utah
717 Constitution;
718 (b) Civic and character education are fundamental elements of the constitutional
719 responsibility of public education and shall be a continuing emphasis and focus in public
720 schools;
721 (c) the cultivation of a continuing understanding and appreciation of a constitutional
722 republic and principles of representative democracy in Utah and the United States among
723 succeeding generations of educated and responsible citizens is important to the nation and
724 state;
725 (d) the primary responsibility for the education of children within the state resides with
726 their parents or guardians and that the role of state and local governments is to support and
727 assist parents in fulfilling that responsibility;
728 (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
729 informed and responsible citizens who are deeply attached to essential democratic values and
730 institutions; and
731 (f) the happiness and security of American society relies upon the public virtue of its
732 citizens which requires a united commitment to a moral social order where self-interests are
733 willingly subordinated to the greater common good.
734 (3) Through an integrated curriculum, students shall be taught in connection with
735 regular school work:
736 (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
737 (b) respect for and an understanding of the Declaration of Independence and the
738 constitutions of the United States and of the state of Utah;
739 (c) Utah history, including territorial and preterritorial development to the present;
740 (d) the essentials and benefits of the free enterprise system;
741 (e) respect for parents, home, and family;
742 (f) the dignity and necessity of honest labor; and
743 (g) other skills, habits, and qualities of character which will promote an upright and
744 desirable citizenry and better prepare students to recognize and accept responsibility for
745 preserving and defending the blessings of liberty inherited from prior generations and secured
746 by the constitution.
747 (4) Local school boards and school administrators may provide training, direction, and
748 encouragement, as needed, to accomplish the intent and requirements of this section and to
749 effectively emphasize civic and character education in the course of regular instruction in the
750 public schools.
751 (5) Civic and character education in public schools are:
752 (a) not intended to be separate programs in need of special funding or added specialists
753 to be accomplished; and
754 (b) core principles which reflect the shared values of the citizens of Utah and the
755 founding principles upon which representative democracy in the United States and the state of
756 Utah are based.
757 [
758
759
760
761
762
763 [
764 Committee, on or before the October meeting, the methods used, and the results being
765 achieved, to instruct and prepare students to become informed and responsible citizens through
766 an integrated curriculum taught in connection with regular school work as required in this
767 section.
768 Section 14. Section 54-1-13 is amended to read:
769 54-1-13. Commission exploration and development of cleaner air options.
770 [
771 and develop options and opportunities for advancing and promoting measures designed to
772 result in cleaner air in the state through the enhanced use of alternative fuel vehicles, including:
773 [
774 and expansion of the infrastructure and maintenance and other facilities for alternative fuel
775 vehicles;
776 [
777 expansion of infrastructure and facilities for alternative fuel vehicles;
778 [
779 for the purpose of facilitating conversion to alternative fuel vehicles and of promoting the
780 enhancement and expansion of the infrastructure and facilities for those vehicles, can or should
781 play; and
782 [
783 fuel vehicles and to enhancing and expanding the infrastructure and facilities for alternative
784 fuel vehicles.
785 [
786
787
788 [
789
790
791 [
792 [
793
794
795 Section 15. Section 62A-1-105 is amended to read:
796 62A-1-105. Creation of boards, divisions, and offices.
797 (1) The following policymaking boards are created within the Department of Human
798 Services:
799 (a) the Board of Aging and Adult Services;
800 [
801 [
802 (2) The following divisions are created within the Department of Human Services:
803 (a) the Division of Aging and Adult Services;
804 (b) the Division of Child and Family Services;
805 (c) the Division of Services for People with Disabilities;
806 (d) the Division of Substance Abuse and Mental Health; and
807 (e) the Division of Juvenile Justice Services.
808 (3) The following offices are created within the Department of Human Services:
809 (a) the Office of Licensing;
810 (b) the Office of Public Guardian; and
811 (c) the Office of Recovery Services.
812 Section 16. Section 62A-1-107 is amended to read:
813 62A-1-107. Board of Aging and Adult Services -- Members, appointment, terms,
814 vacancies, chairperson, compensation, meetings, quorum.
815 (1) [
816
817 [
818 the consent of the Senate.
819 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
820 term of four years, and is eligible for one reappointment.
821 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
822 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
823 board members are staggered so that approximately half of the board is appointed every two
824 years.
825 (c) Board members shall continue in office until the expiration of their terms and until
826 their successors are appointed, which may not exceed 90 days after the formal expiration of a
827 term.
828 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
829 appointed for the unexpired term.
830 (3) No more than four members of [
831 party. [
832 shall be chosen on the basis of their active interest, experience, and demonstrated ability to deal
833 with issues related to [
834 (4) [
835 membership. [
836 budgetary constraints, meetings may be held from time to time on the call of the chairperson or
837 of the majority of the members of [
838 necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the
839 majority of members present shall be the action of the board.
840 (5) A member may not receive compensation or benefits for the member's service, but,
841 at the executive director's discretion, may receive per diem and travel expenses in accordance
842 with:
843 (a) Section 63A-3-106;
844 (b) Section 63A-3-107; and
845 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
846 63A-3-107.
847 (6) [
848 procedures for removal of a board member who is unable or unwilling to fulfill the
849 requirements of [
850 (7) The board has program policymaking authority for the division over which [
851 board presides.
852 Section 17. Section 62A-1-109 is amended to read:
853 62A-1-109. Division directors -- Appointment -- Compensation -- Qualifications.
854 (1) The chief officer of each division and office enumerated in Section 62A-1-105 shall
855 be a director who shall serve as the executive and administrative head of the division or office.
856 (2) Each division director shall be appointed by the executive director with the
857 concurrence of the division's board, if the division has a board.
858 (3) The director of any division may be removed from that position at the will of the
859 executive director after consultation with that division's board, if the division has a board.
860 (4) Each office director shall be appointed by the executive director.
861 (5) Directors of divisions and offices shall receive compensation as provided by Title
862 67, Chapter 19, Utah State Personnel Management Act.
863 (6) The director of each division and office shall be experienced in administration and
864 possess such additional qualifications as determined by the executive director, and as provided
865 by law.
866 Section 18. Section 62A-7-101 is amended to read:
867 62A-7-101. Definitions.
868 As used in this chapter:
869 (1) "Authority" means the Youth Parole Authority, established in accordance with
870 Section 62A-7-501.
871 [
872
873 [
874 program designated to supervise and rehabilitate youth offenders in accordance with
875 Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
876 with public safety, and designated or operated by or under contract with the division.
877 [
878 manner consistent with public safety and the well being of the youth and division employees.
879 [
880 [
881 committed by an adult.
882 [
883 [
884 Chapter 7, Part 2, Detention Facilities.
885 [
886 [
887 removes a youth offender from its jurisdiction.
888 [
889 [
890 home or a surrogate home with the consent of the child's parent, guardian, or custodian for
891 conduct by a child who is alleged to have committed a delinquent act or postdispositional
892 placement pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
893 [
894 program operated or purchased by the division that is responsible only for diagnostic
895 assessment of minors, including for substance use disorder, mental health, psychological, and
896 sexual behavior risk assessments.
897 [
898 secure facility to live outside that facility under the supervision of the Division of Juvenile
899 Justice Services or other person designated by the division.
900 [
901 service providers for the provision of residential or nonresidential services that:
902 (a) provides incentives for the implementation of evidence-based juvenile justice
903 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
904 to Section 63M-7-208; and
905 (b) provides a premium rate allocation for a minor who receives the evidence-based
906 dosage of treatment and successfully completes the program within three months.
907 [
908 by the division or under contract with the division that is responsible for juveniles taken into
909 custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
910 [
911 rescinds a parole date.
912 [
913 that terminates parole supervision of a youth offender and directs return of the youth offender
914 to the custody of a secure facility after a hearing and a determination that there has been a
915 violation of law or of a condition of parole that warrants a return to a secure facility in
916 accordance with Section 62A-7-504.
917 [
918 guardian without the permission of the parent or guardian.
919 [
920 or under contract with the division, for conduct by a child who is alleged to have committed a
921 delinquent act.
922 [
923 division, that provides 24-hour supervision and confinement for youth offenders committed to
924 the division for custody and rehabilitation.
925 [
926 facilities pending court disposition or transfer to another jurisdiction.
927 [
928 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
929 adult, or to an appropriate agency.
930 (b) "Temporary custody" does not include a placement in a secure facility, including
931 secure detention, or a residential community-based program operated or contracted by the
932 division, except pursuant to Subsection 78A-6-117(2).
933 [
934 terminates a youth offender from parole.
935 [
936 conflict:
937 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
938 guardian, to manage effectively;
939 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
940 (c) results in the situations in both Subsections [
941 [
942 project established and administered by the division for youth offenders for the purpose of
943 rehabilitation, education, and restitution to victims.
944 [
945 reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
946 jurisdiction of the division, for confinement in a secure facility or supervision in the
947 community, following adjudication for a delinquent act which would constitute a felony or
948 misdemeanor if committed by an adult in accordance with Section 78A-6-117.
949 [
950 conflict:
951 (i) for families in crisis when a minor is ungovernable or runaway; or
952 (ii) involving a minor and the minor's parent or guardian.
953 (b) These services include efforts to:
954 (i) resolve family conflict;
955 (ii) maintain or reunite minors with their families; and
956 (iii) divert minors from entering or escalating in the juvenile justice system.
957 (c) The services may provide:
958 (i) crisis intervention;
959 (ii) short-term shelter;
960 (iii) time out placement; and
961 (iv) family counseling.
962 Section 19. Section 62A-7-102 is amended to read:
963 62A-7-102. Creation of division -- Jurisdiction.
964 (1) There is created the Division of Juvenile Justice Services within the department,
965 under the administration and supervision of the executive director[
966
967 (2) The division has jurisdiction over all youth committed to [
968 division under Section 78A-6-117.
969 Section 20. Section 62A-7-103 is amended to read:
970 62A-7-103. Division director -- Qualifications -- Responsibility.
971 (1) The director of the division shall be appointed by the executive director [
972
973 (2) The director shall have a bachelor's degree from an accredited university or college,
974 be experienced in administration, and be knowledgeable in youth corrections.
975 (3) The director is the administrative head of the division.
976 Section 21. Section 62A-7-104 is amended to read:
977 62A-7-104. Division responsibilities.
978 (1) The division is responsible for all youth offenders committed to the division by
979 juvenile courts for secure confinement or supervision and treatment in the community in
980 accordance with Section 78A-6-117.
981 (2) The division shall:
982 (a) establish and administer a continuum of community, secure, and nonsecure
983 programs for all youth offenders committed to the division;
984 (b) establish and maintain all detention and secure facilities and set minimum standards
985 for those facilities;
986 (c) establish and operate prevention and early intervention youth services programs for
987 nonadjudicated youth placed with the division; and
988 (d) establish observation and assessment programs necessary to serve youth offenders
989 in a nonresidential setting under Subsection 78A-6-117(2)(e).
990 (3) The division shall place youth offenders committed to it in the most appropriate
991 program for supervision and treatment.
992 (4) In any order committing a youth offender to the division, the juvenile court shall
993 find whether the youth offender is being committed for secure confinement under Subsection
994 78A-6-117(2)(c), or placement in a community-based program under Subsection
995 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c) or (d) underlying
996 the commitment. The division shall place the youth offender in the most appropriate program
997 within the category specified by the court.
998 (5) The division shall employ staff necessary to:
999 (a) supervise and control youth offenders in secure facilities or in the community;
1000 (b) supervise and coordinate treatment of youth offenders committed to the division for
1001 placement in community-based programs; and
1002 (c) control and supervise adjudicated and nonadjudicated youth placed with the
1003 division for temporary services in receiving centers, youth services, and other programs
1004 established by the division.
1005 (6) (a) Youth in the custody or temporary custody of the division are controlled or
1006 detained in a manner consistent with public safety and rules made by the division. In the event
1007 of an unauthorized leave from a secure facility, detention center, community-based program,
1008 receiving center, home, or any other designated placement, division employees have the
1009 authority and duty to locate and apprehend the youth, or to initiate action with local law
1010 enforcement agencies for assistance.
1011 (b) A rule made by the division under this Subsection (6) may not permit secure
1012 detention based solely on the existence of multiple status offenses, misdemeanors, or
1013 infractions alleged in the same criminal episode.
1014 (7) The division shall establish and operate compensatory-service work programs for
1015 youth offenders committed to the division by the juvenile court. The compensatory-service
1016 work program may not be residential and shall:
1017 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
1018 parks, highways, and other programs designated by the division;
1019 (b) provide educational and prevocational programs in cooperation with the State
1020 Board of Education for youth offenders placed in the program; and
1021 (c) provide counseling to youth offenders.
1022 (8) The division shall establish minimum standards for the operation of all private
1023 residential and nonresidential rehabilitation facilities that provide services to juveniles who
1024 have committed a delinquent act or infraction in this state or in any other state.
1025 (9) [
1026 provide regular training for staff of secure facilities, detention staff, case management staff, and
1027 staff of the community-based programs.
1028 (10) (a) The division is authorized to employ special function officers, as defined in
1029 Section 53-13-105, to locate and apprehend minors who have absconded from division
1030 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
1031 carry out other duties as assigned by the division.
1032 (b) Special function officers may be employed through contract with the Department of
1033 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
1034 (11) The division shall designate employees to obtain the saliva DNA specimens
1035 required under Section 53-10-403. The division shall ensure that the designated employees
1036 receive appropriate training and that the specimens are obtained in accordance with accepted
1037 protocol.
1038 (12) The division shall register with the Department of Corrections any person who:
1039 (a) has been adjudicated delinquent based on an offense listed in Subsection
1040 77-41-102(17)(a) or 77-43-102(2);
1041 (b) has been committed to the division for secure confinement; and
1042 (c) remains in the division's custody 30 days before the person's 21st birthday.
1043 (13) The division shall ensure that a program delivered to a youth offender under this
1044 section is evidence based in accordance with Section 63M-7-208.
1045 Section 22. Section 62A-7-106.5 is amended to read:
1046 62A-7-106.5. Annual review of programs and facilities.
1047 (1) (a) The division shall annually review all programs and facilities that provide
1048 services to juveniles who have committed a delinquent act, in this state or in any other state,
1049 which would constitute a felony or misdemeanor if committed by an adult, and license those
1050 programs and facilities that are in compliance with standards [
1051 established by the division . The division shall provide written reviews to the managers of
1052 those programs and facilities.
1053 (b) [
1054 are unable or unwilling to comply with the [
1055 may not be licensed.
1056 (2) Any private facility or program providing services under this chapter that willfully
1057 fails to comply with the standards established by the division is guilty of a class B
1058 misdemeanor.
1059 Section 23. Section 62A-7-201 is amended to read:
1060 62A-7-201. Confinement -- Facilities -- Restrictions.
1061 (1) Children under 18 years of age, who are apprehended by any officer or brought
1062 before any court for examination under any provision of state law, may not be confined in jails,
1063 lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
1064 secure postadjudication correctional facilities operated by the division, except as provided in
1065 Subsection (2)[
1066
1067 (2) (a) Children charged with crimes under Section 78A-6-701, as a serious youth
1068 offender under Section 78A-6-702 and bound over to the jurisdiction of the district court, or
1069 certified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained
1070 as provided in these sections.
1071 (b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 before
1072 a hearing before a magistrate, or under Subsection 78A-6-113(3), may only be held in certified
1073 juvenile detention accommodations in accordance with rules made by the Commission on
1074 Criminal and Juvenile Justice. Those rules shall include standards for acceptable sight and
1075 sound separation from adult inmates. The Commission on Criminal and Juvenile Justice
1076 certifies facilities that are in compliance with the Commission on Criminal and Juvenile
1077 Justice's standards. This Subsection (2)(b) does not apply to juveniles held in an adult
1078 detention facility in accordance with Subsection (2)(a).
1079 (3) In areas of low density population, the Commission on Criminal and Juvenile
1080 Justice may, by rule, approve juvenile holding accommodations within adult facilities that have
1081 acceptable sight and sound separation. Those facilities shall be used only for short-term
1082 holding purposes, with a maximum confinement of six hours, for children alleged to have
1083 committed an act which would be a criminal offense if committed by an adult. Acceptable
1084 short-term holding purposes are: identification, notification of juvenile court officials,
1085 processing, and allowance of adequate time for evaluation of needs and circumstances
1086 regarding release or transfer to a shelter or detention facility. This Subsection (3) does not
1087 apply to juveniles held in an adult detention facility in accordance with Subsection (2)(a).
1088 (4) Children who are alleged to have committed an act that would be a criminal offense
1089 if committed by an adult, may be detained in holding rooms in local law enforcement agency
1090 facilities for a maximum of two hours, for identification or interrogation, or while awaiting
1091 release to a parent or other responsible adult. Those rooms shall be certified by the
1092 Commission on Criminal and Juvenile Justice, according to the Commission on Criminal and
1093 Juvenile Justice's rules. Those rules shall include provisions for constant supervision and for
1094 sight and sound separation from adult inmates.
1095 (5) Willful failure to comply with this section is a class B misdemeanor.
1096 (6) (a) The division is responsible for the custody and detention of children under 18
1097 years of age who require detention care before trial or examination, or while awaiting
1098 assignment to a home or facility, as a dispositional placement under Subsection
1099 78A-6-117(2)(f)(i), and of youth offenders under Subsection 62A-7-504(9). This Subsection
1100 (6)(a) does not apply to juveniles held in an adult detention facility in accordance with
1101 Subsection (2)(a).
1102 (b) (i) The Commission on Criminal and Juvenile Justice shall provide standards for
1103 custody or detention under Subsections (2)(b), (3), and (4).
1104 (ii) The division shall determine and set standards for conditions of care and
1105 confinement of children in detention facilities.
1106 (c) All other custody or detention shall be provided by the division, or by contract with
1107 a public or private agency willing to undertake temporary custody or detention upon agreed
1108 terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
1109 in law enforcement and corrections systems. This Subsection (6)(c) does not apply to juveniles
1110 held in an adult detention facility in accordance with Subsection (2)(a).
1111 Section 24. Section 62A-7-401.5 is amended to read:
1112 62A-7-401.5. Secure facilities.
1113 (1) The division shall maintain and operate secure facilities for the custody and
1114 rehabilitation of youth offenders who pose a danger of serious bodily harm to others, who
1115 cannot be controlled in a less secure setting, or who have engaged in a pattern of conduct
1116 characterized by persistent and serious criminal offenses which, as demonstrated through the
1117 use of other alternatives, cannot be controlled in a less secure setting.
1118 (2) The director shall appoint an administrator for each secure facility. An
1119 administrator of a secure facility shall have experience in social work, law, criminology,
1120 corrections, or a related field, and also in administration.
1121 (3) (a) The division, in cooperation with the State Board of Education, shall provide
1122 instruction, or make instruction available, to youth offenders in secure facilities. The
1123 instruction shall be appropriate to the age, needs, and range of abilities of the youth offender.
1124 (b) An assessment shall be made of each youth offender by the appropriate secure
1125 facility to determine the offender's abilities, possible learning disabilities, interests, attitudes,
1126 and other attributes related to appropriate educational programs.
1127 (c) Prevocational education shall be provided to acquaint youth offenders with
1128 vocations, and vocational requirements and opportunities.
1129 (4) The division shall place youth offenders who have been committed to the division
1130 for secure confinement and rehabilitation in a secure facility, operated by the division or by a
1131 private entity, that is appropriate to ensure that humane care and rehabilitation opportunities are
1132 afforded to the youth offender.
1133 (5) The division shall adopt[
1134 procedures for the regulation and operation of secure facilities, consistent with state and federal
1135 law.
1136 Section 25. Section 62A-7-501 is amended to read:
1137 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
1138 (1) There is created within the division a Youth Parole Authority.
1139 (2) (a) The authority is composed of 10 part-time members and five pro tempore
1140 members who are residents of this state. No more than three pro tempore members may serve
1141 on the authority at any one time.
1142 (b) Throughout this section, the term "member" refers to both part-time and pro
1143 tempore members of the Youth Parole Authority.
1144 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
1145 four-year terms by the governor with the consent of the Senate.
1146 (b) The governor shall, at the time of appointment or reappointment, adjust the length
1147 of terms to ensure that the terms of authority members are staggered so that approximately half
1148 of the authority is appointed every two years.
1149 (4) Each member shall have training or experience in social work, law, juvenile or
1150 criminal justice, or related behavioral sciences.
1151 (5) When a vacancy occurs in the membership for any reason, the replacement member
1152 shall be appointed for the unexpired term.
1153 (6) During the tenure of the member's appointment, a member may not:
1154 (a) be an employee of the department, other than in the member's capacity as a member
1155 of the authority;
1156 (b) hold any public office;
1157 (c) hold any position in the state's juvenile justice system; or
1158 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
1159 juvenile justice agency or its contractor.
1160 (7) In extraordinary circumstances or when a regular member is absent or otherwise
1161 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
1162 (8) A member may not receive compensation or benefits for the member's service, but
1163 may receive per diem and travel expenses in accordance with:
1164 (a) Section 63A-3-106;
1165 (b) Section 63A-3-107; and
1166 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1167 63A-3-107.
1168 (9) The authority shall determine appropriate parole dates for youth offenders[
1169
1170
1171 (10) Youth offenders may be paroled to their own homes, to an independent living
1172 program contracted or operated by the division, to an approved independent living setting, or to
1173 other appropriate residences of qualifying relatives or guardians, but shall remain on parole
1174 until parole is terminated by the authority in accordance with Section 62A-7-404.
1175 (11) The division's case management staff shall implement parole release plans and
1176 shall supervise youth offenders while on parole.
1177 (12) The division shall permit the authority to have reasonable access to youth
1178 offenders in secure facilities and shall furnish all pertinent data requested by the authority in
1179 matters of parole, revocation, and termination.
1180 Section 26. Section 62A-7-502 is amended to read:
1181 62A-7-502. Youth Parole Authority -- Parole procedures.
1182 (1) The authority has responsibility for parole release, rescission, revocation, and
1183 termination for youth offenders who have been committed to the division for secure
1184 confinement. The authority shall determine when and under what conditions youth offenders
1185 who have been committed to a secure facility are eligible for parole.
1186 (2) Each youth offender shall be served with notice of parole hearings, and has the
1187 right to personally appear before the authority for parole consideration.
1188 (3) Orders and decisions of the authority shall be in writing, and each youth offender
1189 shall be provided written notice of the authority's reasoning and decision in [
1190 offender's case.
1191 (4) The authority shall establish policies and procedures[
1192 for the authority's governance, meetings, hearings, the conduct of proceedings before it, the
1193 parole of youth offenders, and the general conditions under which parole may be granted,
1194 rescinded, revoked, modified, and terminated.
1195 Section 27. Section 62A-7-506 is amended to read:
1196 62A-7-506. Discharge of youth offender.
1197 (1) A youth offender may be discharged from the jurisdiction of the division at any
1198 time, by written order of the Youth Parole Authority, upon a finding that no further purpose
1199 would be served by secure confinement or supervision in a community setting.
1200 (2) [
1201
1202 (3) Discharge of a youth offender is a complete release of all penalties incurred by
1203 adjudication of the offense for which the youth offender was committed.
1204 Section 28. Section 62A-7-601 is amended to read:
1205 62A-7-601. Youth services for prevention and early intervention -- Program
1206 standards -- Program services.
1207 (1) The division shall establish and operate prevention and early intervention youth
1208 services programs.
1209 (2) The division shall adopt [
1210 procedures, including minimum standards for the organization and operation of youth services
1211 programs.
1212 (3) The division shall establish housing, programs, and procedures to ensure that youth
1213 who are receiving services under this section and who are not in the custody of the division are
1214 served separately from youth who are in custody of the division.
1215 (4) The division may enter into contracts with state and local governmental entities and
1216 private providers to provide the youth services.
1217 (5) The division shall establish and administer juvenile receiving centers and other
1218 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
1219 for nonadjudicated and adjudicated youth placed with the division.
1220 (6) The division shall prioritize use of evidence-based juvenile justice programs and
1221 practices.
1222 Section 29. Section 62A-7-701 is amended to read:
1223 62A-7-701. Community-based programs.
1224 (1) (a) The division shall operate residential and nonresidential community-based
1225 programs to provide care, treatment, and supervision for youth offenders committed to the
1226 division by juvenile courts.
1227 (b) The division shall operate or contract for nonresidential community-based
1228 programs and independent living programs to provide care, treatment, and supervision of
1229 paroled youth offenders.
1230 (2) The division shall adopt[
1231 the organization and operation of community-based corrections programs for youth offenders.
1232 (3) The division shall place youth offenders committed to it for community-based
1233 programs in the most appropriate program based upon the division's evaluation of the youth
1234 offender's needs and the division's available resources in accordance with Sections 62A-7-404
1235 and 78A-6-117.
1236 Section 30. Section 63A-5-225 is amended to read:
1237 63A-5-225. Development of new correctional facilities.
1238 (1) As used in this section:
1239 [
1240
1241 (a) "Committee" means the Legislative Management Committee created in Section
1242 36-12-6.
1243 (b) "New correctional facilities" means a new prison and related facilities to be
1244 constructed to replace the state prison located in Draper.
1245 (c) "Prison project" means all aspects of a project for the design and construction of
1246 new correctional facilities on the selected site, including:
1247 (i) the acquisition of land, interests in land, easements, or rights-of-way;
1248 (ii) site improvement; and
1249 (iii) the acquisition, construction, equipping, or furnishing of facilities, structures,
1250 infrastructure, roads, parking facilities, utilities, and improvements, whether on or off the
1251 selected site, that are necessary, incidental, or convenient to the development of new
1252 correctional facilities on the selected site.
1253 (d) "Selected site" means [
1254 site selected under Subsection 63C-15-203(2) as the site for new correctional facilities.
1255 (2) In consultation with the [
1256 prison project, as provided in this section.
1257 (3) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and this
1258 section, the division shall:
1259 (i) enter into contracts with persons providing professional and construction services
1260 for the prison project;
1261 [
1262
1263 [
1264 as requested by the commission; and
1265 [
1266 subject to Subsection (3)(b).
1267 (b) The division may not consult with or receive input from the [
1268 committee regarding:
1269 (i) the evaluation of proposals from persons seeking to provide professional and
1270 construction services for the prison project; or
1271 (ii) the selection of persons to provide professional and construction services for the
1272 prison project.
1273 (c) A contract with a project manager or person with a comparable position on the
1274 prison project shall include a provision that requires the project manager or other person to
1275 provide reports to the [
1276 [
1277 (4) All contracts associated with the design or construction of new correctional
1278 facilities shall be awarded and managed by the division in accordance with Title 63G, Chapter
1279 6a, Utah Procurement Code, and this section.
1280 (5) The division shall coordinate with the Department of Corrections, created in
1281 Section 64-13-2, and the State Commission on Criminal and Juvenile Justice, created in
1282 Section 63M-7-201, during the prison project to help ensure that the design and construction of
1283 new correctional facilities are conducive to and consistent with, and help to implement any
1284 reforms of or changes to, the state's corrections system and corrections programs.
1285 (6) (a) There is created within the General Fund a restricted account known as the
1286 "Prison Development Restricted Account."
1287 (b) The account created in Subsection (6)(a) is funded by legislative appropriations.
1288 (c) (i) The account shall earn interest or other earnings.
1289 (ii) The Division of Finance shall deposit interest or other earnings derived from the
1290 investment of account funds into the account.
1291 (d) Upon appropriation from the Legislature, money from the account shall be used to
1292 fund the Prison Project Fund created in Subsection (7).
1293 (7) (a) There is created a capital projects fund known as the "Prison Project Fund."
1294 (b) The fund consists of:
1295 (i) money appropriated to the fund by the Legislature; and
1296 (ii) proceeds from the issuance of bonds authorized in Section 63B-25-101 to provide
1297 funding for the prison project.
1298 (c) (i) The fund shall earn interest or other earnings.
1299 (ii) The Division of Finance shall deposit interest or other earnings derived from the
1300 investment of fund money into the fund.
1301 (d) Money in the fund shall be used by the division to fund the prison project.
1302 Section 31. Section 63B-25-101 is amended to read:
1303 63B-25-101. General obligation bonds for prison project -- Maximum amount --
1304 Use of proceeds.
1305 (1) As used in this section:
1306 (a) "Prison project" means the same as that term is defined in Section [
1307 63A-5-225.
1308 (b) "Prison project fund" means the capital projects fund created in Subsection
1309 63A-5-225(7).
1310 (2) The commission may issue general obligation bonds as provided in this section.
1311 (3) (a) The total amount of bonds to be issued under this section may not exceed
1312 $570,000,000 for acquisition and construction proceeds, plus additional amounts necessary to
1313 pay costs of issuance, to pay capitalized interest, and to fund any existing debt service reserve
1314 requirements, with the total amount of the bonds not to exceed $575,700,000.
1315 (b) The maturity of bonds issued under this section may not exceed 10 years.
1316 (4) The commission shall ensure that proceeds from the issuance of bonds under this
1317 section are deposited into the Prison Project Fund for use by the division to pay all or part of
1318 the cost of the prison project, including:
1319 (a) interest estimated to accrue on the bonds authorized in this section until the
1320 completion of construction of the prison project, plus a period of 12 months after the end of
1321 construction; and
1322 (b) all related engineering, architectural, and legal fees.
1323 (5) (a) The division may enter into agreements related to the prison project before the
1324 receipt of proceeds of bonds issued under this section.
1325 (b) The division shall make those expenditures from unexpended and unencumbered
1326 building funds already appropriated to the Prison Project Fund.
1327 (c) The division shall reimburse the Prison Project Fund upon receipt of the proceeds
1328 of bonds issued under this chapter.
1329 (d) The state intends to use proceeds of tax-exempt bonds to reimburse itself for
1330 expenditures for costs of the prison project.
1331 (6) Before issuing bonds authorized under this section, the commission shall request
1332 and consider a recommendation from the [
1333 Management Committee, created in Section [
1334 amount of the issuance.
1335 Section 32. Section 63C-4a-101 is amended to read:
1336 63C-4a-101. Title.
1337 [
1338 [
1339 Section 33. Section 63C-4a-102 is amended to read:
1340 63C-4a-102. Definitions.
1341 As used in this chapter:
1342 (1) "Account" means the Constitutional Defense Restricted Account, created in Section
1343 63C-4a-402.
1344 (2) "Commission" means the [
1345 Section 63C-4a-302.
1346 (3) "Constitutional defense plan" means a plan that outlines actions and expenditures to
1347 fulfill the duties of the commission and the council.
1348 (4) "Council" means the Constitutional Defense Council, created in Section
1349 63C-4a-202.
1350 (5) "Federal governmental entity" means:
1351 (a) the president of the United States;
1352 (b) the United States Congress;
1353 (c) a United States agency; or
1354 (d) an employee or official appointed by the president of the United States.
1355 (6) "Federal issue" means a matter relating to the federal government's dealings with
1356 the state, including a matter described in Section 63C-4a-309.
1357 [
1358 (a) an executive order by the president of the United States;
1359 (b) a statute passed by the United States Congress;
1360 (c) a regulation adopted by a United States agency; or
1361 (d) a policy statement, order, guidance, or action by:
1362 (i) a United States agency; or
1363 (ii) an employee or official appointed by the president of the United States.
1364 [
1365 [
1366 (a) is developed jointly by the Utah Association of Counties and the state;
1367 (b) is approved by the council; and
1368 (c) presents the broad framework of a proposed working relationship between the state
1369 and participating counties collectively for the purpose of asserting, defending, or litigating state
1370 and local government rights under R.S. 2477.
1371 [
1372 council, board, office, bureau, or other administrative unit of the executive branch of the
1373 United States government.
1374 Section 34. Section 63C-4a-301 is amended to read:
1375 63C-4a-301. Title.
1376 This part is known as "[
1377 Section 35. Section 63C-4a-302 is amended to read:
1378 63C-4a-302. Creation of Federalism Commission -- Membership meetings -- Staff
1379 -- Expenses.
1380 (1) There is created the [
1381 following [
1382 (a) the president of the Senate or the president of the Senate's designee who shall serve
1383 as cochair of the commission;
1384 (b) [
1385 the Senate;
1386 (c) the speaker of the House or the speaker of the House's designee who shall serve as
1387 cochair of the commission;
1388 (d) [
1389 (e) the minority leader of the Senate or the minority leader of the Senate's designee;
1390 and
1391 (f) the minority leader of the House or the minority leader of the House's designee.
1392 (2) (a) A majority of the members of the commission constitute a quorum of the
1393 commission.
1394 (b) Action by a majority of the members of a quorum constitutes action by the
1395 commission.
1396 (3) The commission [
1397 additional meetings are approved by the Legislative Management Committee.
1398 (4) The Office of Legislative Research and General Counsel shall provide staff support
1399 to the commission.
1400 (5) Compensation and expenses of a member of the commission who is a legislator are
1401 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1402 Expenses.
1403 (6) Nothing in this section prohibits the commission from closing a meeting under
1404 Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the commission from
1405 complying with Title 63G, Chapter 2, Government Records Access and Management Act.
1406 (7) The commission may, in the commission's discretion, elect to succeed to the
1407 position of any of the following under a contract that any of the following are party to, subject
1408 to applicable contractual provisions:
1409 (a) the Commission on Federalism;
1410 (b) the Commission for the Stewardship of Public Lands; and
1411 (c) the Federal Funds Commission.
1412 Section 36. Section 63C-4a-303 is amended to read:
1413 63C-4a-303. Federalism Commission to evaluate federal law -- Curriculum on
1414 federalism.
1415 (1) In accordance with Section 63C-4a-304, the commission may evaluate a federal
1416 law:
1417 (a) as agreed by a majority of the commission; or
1418 (b) submitted to the commission by a council member.
1419 (2) The commission may request information regarding a federal law under evaluation
1420 from a United States senator or representative elected from the state.
1421 (3) If the commission finds that a federal law is not authorized by the United States
1422 Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
1423 commission cochair may:
1424 (a) request from a United States senator or representative elected from the state:
1425 (i) information about the federal law; or
1426 (ii) assistance in communicating with a federal governmental entity regarding the
1427 federal law;
1428 (b) (i) give written notice of an evaluation made under Subsection (1) to the federal
1429 governmental entity responsible for adopting or administering the federal law; and
1430 (ii) request a response by a specific date to the evaluation from the federal
1431 governmental entity; and
1432 (c) request a meeting, conducted in person or by electronic means, with the federal
1433 governmental entity, a representative from another state, or a United States Senator or
1434 Representative elected from the state to discuss the evaluation of federal law and any possible
1435 remedy.
1436 (4) The commission may recommend to the governor that the governor call a special
1437 session of the Legislature to give the Legislature an opportunity to respond to the commission's
1438 evaluation of a federal law.
1439 (5) A commission cochair may coordinate the evaluation of and response to federal law
1440 with another state as provided in Section 63C-4a-305.
1441 [
1442
1443
1444 [
1445 [
1446
1447 [
1448 [
1449 [
1450 [
1451 (a) a federal law that the commission evaluates under Subsection (1);
1452 (b) an action taken by a cochair of the commission under Subsection (3);
1453 (c) any coordination undertaken with another state under Section 63C-4a-305; and
1454 (d) any response received from a federal government entity that was requested under
1455 Subsection (3).
1456 [
1457 federalism. The curriculum shall be available to the general public and include:
1458 (a) fundamental principles of federalism;
1459 (b) the sovereignty, supremacy, and jurisdiction of the individual states, including their
1460 police powers;
1461 (c) the history and practical implementation of the Tenth Amendment to the United
1462 States Constitution;
1463 (d) the authority and limits on the authority of the federal government as found in the
1464 United States Constitution;
1465 (e) the relationship between the state and federal governments;
1466 (f) methods of evaluating a federal law in the context of the principles of federalism;
1467 (g) how and when challenges should be made to a federal law or regulation on the basis
1468 of federalism;
1469 (h) the separate and independent powers of the state that serve as a check on the federal
1470 government;
1471 (i) first amendment rights and freedoms contained therein; and
1472 (j) any other issues relating to federalism the commission considers necessary.
1473 [
1474 donations to assist in funding the creation, enhancement, and dissemination of the curriculum.
1475 [
1476
1477 (9) The commission shall submit a report on or before November 30 of each year to the
1478 Government Operations Interim Committee and the Natural Resources, Agriculture, and
1479 Environment Interim Committee that:
1480 (a) describes any action taken by the commission under Section 63C-4a-303; and
1481 (b) includes any proposed legislation the commission recommends.
1482 Section 37. Section 63C-4a-306 is amended to read:
1483 63C-4a-306. Course on federalism required.
1484 (1) This section [
1485 (a) all political subdivisions of the state;
1486 (b) all agencies of the state;
1487 (c) the Attorney General's office; and
1488 (d) the Office of Legislative Research and General Counsel.
1489 (2) [
1490 appoint at least one designee to which all questions and inquiries regarding federalism shall be
1491 directed. The designee shall be required to attend a seminar on the principles of federalism
1492 developed pursuant to Subsection 63C-4a-303[
1493 (3) The designee may complete the requirements of this section by attending a seminar
1494 in person or online.
1495 Section 38. Section 63C-4a-307 is amended to read:
1496 63C-4a-307. Commission to evaluate foregone property tax -- Evaluation
1497 procedures.
1498 (1) As used in this section:
1499 (a) (i) "Federally controlled land" means any land within the exterior boundaries of the
1500 state that is controlled by the United States government for the entire taxable year.
1501 (ii) "Federally controlled land" does not include:
1502 (A) a military installation;
1503 (B) a federal enclave as described in United States Constitution, Article I, Section 8,
1504 clause 17; or
1505 (C) land owned by an Indian tribe as described in 18 U.S.C. Sec. 1151.
1506 (b) (i) "Payments in lieu of tax" means payments made by the federal government to a
1507 county, municipality, or school district of the state.
1508 (ii) "Payments in lieu of tax" includes a payment under:
1509 (A) the in lieu of property taxes program, 31 U.S.C. Sec. 6901, et seq., commonly
1510 referred to as PILT; and
1511 (B) the impact aid program, 20 U.S.C. Sec. 7701, et seq.
1512 (2) (a) The commission shall hold a hearing regarding the impact on the state from the
1513 failure of the federal government to make payments in lieu of tax that are equivalent to the
1514 property tax revenue that the state would generate but for federally controlled land.
1515 (b) The commission shall invite and accept testimony on the information described in
1516 Subsection (2)(a) and the impact on the ability and the duty of the state to fund education and
1517 to protect and promote the health, safety, and welfare of the state, the state's political
1518 subdivisions, and the residents of the state from the following:
1519 (i) representatives from:
1520 (A) the office of each United States senator or representative elected from the state;
1521 (B) any federal government entity administering the payments in lieu of tax;
1522 (C) the Legislative Management Committee;
1523 (D) the Office of the Governor;
1524 (E) the Office of the Attorney General;
1525 (F) the State Tax Commission;
1526 (G) the Public Lands Policy Coordinating Office, created in Section 63J-4-602;
1527 (H) the school districts;
1528 (I) the association of school districts;
1529 (J) the superintendents' association;
1530 (K) the charter schools;
1531 (L) school community councils;
1532 (M) the counties;
1533 (N) the municipalities; and
1534 (O) nonpartisan entities serving state governments;
1535 (ii) other states' officials or agencies; and
1536 (iii) other interested individuals or entities.
1537 (3) In accordance with this part, the commission may engage each United States
1538 senator or representative elected from the state in coordinating with the federal government to
1539 secure payments in lieu of tax that are equivalent to the property tax revenue the state would
1540 generate but for federally controlled land.
1541 (4) The commission shall communicate the information received during the hearing
1542 described in Subsection (2) and any action taken under Subsection (3) to the individuals and
1543 entities described in Subsection (2)(b).
1544 (5) The commission shall conduct the activities described in this section before the
1545 commission's final meeting in 2019.
1546 Section 39. Section 63C-4a-308, which is renumbered from Section 63C-4b-104 is
1547 renumbered and amended to read:
1548 [
1549 lands.
1550 [
1551 [
1552 [
1553 public lands to the state;
1554 [
1555 protect the health, safety, and welfare of its citizens as it relates to public lands, including
1556 recommendations concerning the use of funds in the account created in Section [
1557 63C-4a-404;
1558 [
1559 economic analysis conducted by the Public Lands Policy Coordinating Office in accordance
1560 with Section 63J-4-606;
1561 [
1562 and political subdivisions of the state, the state congressional delegation, western governors,
1563 other states, and other stakeholders concerning the transfer of federally controlled public lands
1564 to the state including convening working groups, such as a working group composed of
1565 members of the Utah Association of Counties;
1566 [
1567 public lands transferred to the state, including stewardship of the land and appropriate uses of
1568 the land;
1569 [
1570 state from the public lands transferred to the state; and
1571 [
1572 Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the
1573 transfer of public lands to the state, regarding:
1574 [
1575 [
1576 [
1577 [
1578 [
1579 public lands to the state under Section [
1580 [
1581 Fund created in Section [
1582 [
1583
1584
1585
1586 Section 40. Section 63C-4a-309, which is renumbered from Section 63C-14-301 is
1587 renumbered and amended to read:
1588 [
1589 [
1590 [
1591 [
1592 [
1593 receipt of federal funds;
1594 [
1595 reduction in the amount or value of federal funds they receive, in both the near and distant
1596 future;
1597 [
1598 the amount or value of federal funds received by the state and by local governments in the
1599 state, in both the near and distant future; and
1600 [
1601 value of federal funds paid to the states, in both the near and distant future; and
1602 [
1603 [
1604 funds by the state and by local governments in the state;
1605 [
1606 federal funds; and
1607 [
1608 by the state and by local governments in the state.
1609 [
1610
1611
1612
1613 [
1614
1615 Section 41. Section 63C-4a-404, which is renumbered from Section 63C-4b-105 is
1616 renumbered and amended to read:
1617 [
1618 Account -- Sources of funds -- Uses of funds -- Reports.
1619 (1) There is created a restricted account within the General Fund known as the Public
1620 Lands Litigation Restricted Account.
1621 (2) The account created in Subsection (1) consists of money from the following
1622 revenue sources:
1623 (a) money received by the commission from other state agencies; and
1624 (b) appropriations made by the Legislature.
1625 (3) The Legislature may annually appropriate money from the account for the purposes
1626 of asserting, defending, or litigating state and local government rights to the disposition and use
1627 of federal lands within the state as those rights are granted by the United States Constitution,
1628 the Utah Enabling Act, and other applicable law.
1629 (4) (a) Any entity that receives money from the account shall, before disbursing the
1630 money to another person for the purposes described in Subsection (3), or before spending the
1631 money appropriated, report to the commission regarding:
1632 (i) the amount of the disbursement;
1633 (ii) who will receive the disbursement; and
1634 (iii) the planned use for the disbursement.
1635 (b) The commission may, upon receiving the report under Subsection (4)(a):
1636 (i) advise the Legislature and the entity of the commission finding that the
1637 disbursement is consistent with the purposes in Subsection (3); or
1638 (ii) advise the Legislature and the entity of the commission finding that the
1639 disbursement is not consistent with the purposes in Subsection (3).
1640 Section 42. Section 63C-4a-405, which is renumbered from Section 63C-4b-106 is
1641 renumbered and amended to read:
1642 [
1643 Revenue Fund -- Creation -- Source of funds -- Use of funds -- Reports.
1644 (1) There is created an expendable special revenue fund known as the Public Lands
1645 Litigation Expendable Special Revenue Fund.
1646 (2) The fund shall consist of gifts, grants, donations, or any other conveyance of money
1647 that may be made to the fund from private sources and other states.
1648 (3) The fund shall be administered by the Division of Finance in accordance with
1649 Subsection (4).
1650 (4) (a) The fund may be used only for the purpose of asserting, defending, or litigating
1651 state and local government rights to the disposition and use of federal lands within the state as
1652 those rights are granted by the United States Constitution, the Utah Enabling Act, and other
1653 applicable law.
1654 (b) Before each disbursement from the fund, the Division of Finance shall report to the
1655 commission regarding:
1656 (i) the sources of the money in the fund;
1657 (ii) who will receive the disbursement;
1658 (iii) the planned use of the disbursement; and
1659 (iv) the amount of the disbursement.
1660 (c) The commission may, upon receiving the report under Subsection (4)(b):
1661 (i) advise the Legislature and the Division of Finance of the commission finding that
1662 the disbursement is consistent with the purposes in Subsection (4)(a); or
1663 (ii) advise the Legislature and the Division of Finance of the commission finding that
1664 the disbursement is not consistent with the purposes in Subsection (4)(a).
1665 Section 43. Section 63F-1-102 is amended to read:
1666 63F-1-102. Definitions.
1667 As used in this title:
1668 [
1669 [
1670 under Section 63F-1-201.
1671 [
1672 dissemination of data.
1673 [
1674 [
1675 (a) information technology that can be applied across state government; and
1676 (b) support for information technology that can be applied across state government,
1677 including:
1678 (i) technical support;
1679 (ii) master software licenses; and
1680 (iii) hardware and software standards.
1681 [
1682 agency" means an agency or administrative subunit of state government.
1683 (b) "Executive branch agency" does not include:
1684 (i) the legislative branch;
1685 (ii) the judicial branch;
1686 (iii) the State Board of Education;
1687 (iv) the Board of Regents;
1688 (v) institutions of higher education;
1689 (vi) independent entities as defined in Section 63E-1-102; and
1690 (vii) elective constitutional offices of the executive department which includes:
1691 (A) the state auditor;
1692 (B) the state treasurer; and
1693 (C) the attorney general.
1694 [
1695 created under Section 63F-1-203.
1696 [
1697 the definition of "disability" in 42 U.S.C. Sec. 12102.
1698 [
1699 information handling, including:
1700 (a) systems design and analysis;
1701 (b) acquisition, storage, and conversion of data;
1702 (c) computer programming;
1703 (d) information storage and retrieval;
1704 (e) voice, video, and data communications;
1705 (f) requisite systems controls;
1706 (g) simulation; and
1707 (h) all related interactions between people and machines.
1708 [
1709 principles, policies, and standards that guide the engineering of state government's information
1710 technology and infrastructure in a way that ensures alignment with state government's business
1711 and service needs.
1712 Section 44. Section 63F-1-203 is amended to read:
1713 63F-1-203. Executive branch information technology strategic plan.
1714 (1) In accordance with this section, the chief information officer shall prepare an
1715 executive branch information technology strategic plan:
1716 (a) that complies with this chapter; and
1717 (b) that includes:
1718 (i) a strategic plan for the:
1719 (A) interchange of information related to information technology between executive
1720 branch agencies;
1721 (B) coordination between executive branch agencies in the development and
1722 maintenance of information technology and information systems, including the coordination of
1723 agency information technology plans described in Section 63F-1-204; and
1724 (C) protection of the privacy of individuals who use state information technology or
1725 information systems, including the implementation of industry best practices for data and
1726 system security;
1727 (ii) priorities for the development and implementation of information technology or
1728 information systems including priorities determined on the basis of:
1729 (A) the importance of the information technology or information system; and
1730 (B) the time sequencing of the information technology or information system; and
1731 (iii) maximizing the use of existing state information technology resources.
1732 (2) In the development of the executive branch strategic plan, the chief information
1733 officer shall consult with[
1734 [
1735 (3) (a) Unless withdrawn by the chief information officer or the governor in accordance
1736 with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
1737 which the executive branch strategic plan is submitted to:
1738 (i) the governor; and
1739 (ii) the Public Utilities, Energy, and Technology Interim Committee.
1740 (b) The chief information officer or the governor may withdraw the executive branch
1741 strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
1742 determines that the executive branch strategic plan:
1743 (i) should be modified; or
1744 (ii) for any other reason should not take effect.
1745 (c) The Public Utilities, Energy, and Technology Interim Committee may make
1746 recommendations to the governor and to the chief information officer if the commission
1747 determines that the executive branch strategic plan should be modified or for any other reason
1748 should not take effect.
1749 (d) Modifications adopted by the chief information officer shall be resubmitted to the
1750 governor and the Public Utilities, Energy, and Technology Interim Committee for their review
1751 or approval as provided in Subsections (3)(a) and (b).
1752 (4) (a) The chief information officer shall, on or before January 1, 2014, and each year
1753 thereafter, modify the executive branch information technology strategic plan to incorporate
1754 security standards that:
1755 (i) are identified as industry best practices in accordance with Subsections
1756 63F-1-104(3) and (4); and
1757 (ii) can be implemented within the budget of the department or the executive branch
1758 agencies.
1759 (b) The chief information officer shall inform the speaker of the House of
1760 Representatives and the president of the Senate on or before January 1 of each year if best
1761 practices identified in Subsection (4)(a)(i) are not adopted due to budget issues considered
1762 under Subsection (4)(a)(ii).
1763 (5) Each executive branch agency shall implement the executive branch strategic plan
1764 by adopting an agency information technology plan in accordance with Section 63F-1-204.
1765 Section 45. Section 63F-1-303 is amended to read:
1766 63F-1-303. Executive branch agencies -- Subscription by institutions.
1767 (1) An executive branch agency in accordance with its agency information technology
1768 plan approved by the chief information officer shall:
1769 (a) subscribe to the information technology services provided by the department; or
1770 (b) contract with one or more alternate private providers of information technology
1771 services if the chief information officer determines that the purchase of the services from a
1772 private provider will:
1773 (i) result in:
1774 (A) cost savings;
1775 (B) increased efficiency; or
1776 (C) improved quality of services; and
1777 (ii) not impair the interoperability of the state's information technology services.
1778 (2) An institution of higher education may subscribe to the services provided by the
1779 department if:
1780 (a) the president of the institution recommends that the institution subscribe to the
1781 services of the department; and
1782 (b) the Board of Regents determines that subscription to the services of the department
1783 will result in cost savings or increased efficiency to the institution.
1784 (3) The following may subscribe to information technology services by requesting that
1785 the services be provided from the department:
1786 (a) the legislative branch;
1787 (b) the judicial branch;
1788 (c) the State Board of Education;
1789 (d) a political subdivision of the state;
1790 (e) an agency of the federal government;
1791 (f) an independent entity as defined in Section 63E-1-102; and
1792 (g) an elective constitutional officer of the executive department as defined in
1793 Subsection 63F-1-102[
1794 Section 46. Section 63F-4-201 is amended to read:
1795 63F-4-201. Submitting a technology proposal -- Review process.
1796 (1) Multiple executive branch agencies may jointly submit to the chief information
1797 officer a technology proposal, on a form or in a format specified by the department.
1798 (2) The chief information officer shall transmit to the review board each technology
1799 proposal the chief information officer determines meets the form or format requirements of the
1800 department.
1801 (3) The review board shall:
1802 (a) conduct a technical review of a technology proposal transmitted by the chief
1803 information officer;
1804 (b) determine whether the technology proposal merits further review and consideration
1805 [
1806 to:
1807 (i) be capable of being implemented effectively; and
1808 (ii) result in greater efficiency in a government process or a cost saving in the delivery
1809 of a government service, or both; and
1810 (c) transmit a technology proposal to the [
1811 governor's budget office, if the review board determines that the technology proposal merits
1812 further review and consideration [
1813 Section 47. Section 63F-4-202 is amended to read:
1814 63F-4-202. Chief information officer review and approval of technology
1815 proposals.
1816 (1) The [
1817 proposal that the review board transmits to the [
1818 (2) The [
1819 department provide funding from legislative appropriations for a technology proposal if, after
1820 the [
1821 (a) the [
1822 likelihood that the technology proposal:
1823 (i) is capable of being implemented effectively; and
1824 (ii) will result in greater efficiency in a government process or a cost saving in the
1825 delivery of a government service, or both; and
1826 (b) the [
1827 office for the technology proposal.
1828 (3) The [
1829 (a) prioritize multiple approved technology proposals based on their relative likelihood
1830 of achieving the goals described in Subsection (2); and
1831 (b) recommend funding based on the [
1832 under Subsection (3)(a).
1833 (4) The department shall:
1834 (a) track the implementation and success of a technology proposal approved by the
1835 [
1836 (b) evaluate the level of the technology proposal's implementation effectiveness and
1837 whether the implementation results in greater efficiency in a government process or a cost
1838 saving in the delivery of a government service, or both; and
1839 (c) report the results of the department's tracking and evaluation:
1840 (i) to the [
1841 information officer requests; and
1842 (ii) at least annually to the Public Utilities, Energy, and Technology Interim
1843 Committee.
1844 (5) The department may[
1845 appropriated by the Legislature to pay for expenses incurred by executive branch agencies in
1846 implementing a technology proposal that the [
1847 Section 48. Section 63H-7a-203 is amended to read:
1848 63H-7a-203. Board established -- Terms -- Vacancies.
1849 (1) There is created the Utah Communications Authority Board.
1850 (2) The board shall consist of nine board members as follows:
1851 (a) three individuals appointed by the governor with the advice and consent of the
1852 Senate;
1853 (b) one individual who is not a legislator appointed by the speaker of the House of
1854 Representatives;
1855 (c) one individual who is not a legislator appointed by the president of the Senate;
1856 (d) two individuals nominated by an association that represents cities and towns in the
1857 state and appointed by the governor with the advice and consent of the Senate; and
1858 (e) two individuals nominated by an association that represents counties in the state
1859 and appointed by the governor with the advice and consent of the Senate.
1860 (3) Subject to this section, an individual is eligible for appointment under Subsection
1861 (2) if the individual has knowledge of at least one of the following:
1862 (a) law enforcement;
1863 (b) public safety;
1864 (c) fire service;
1865 (d) telecommunications;
1866 (e) finance;
1867 (f) management; and
1868 (g) government.
1869 (4) An individual may not serve as a board member if the individual is a current public
1870 safety communications network:
1871 (a) user; or
1872 (b) vendor.
1873 (5) (a) (i) Five of the board members appointed under Subsection (2) shall serve an
1874 initial term of two years and four of the board members appointed under Subsection (2) shall
1875 serve an initial term of four years.
1876 (ii) Successor board members shall each serve a term of four years.
1877 (b) (i) The governor may remove a board member with cause.
1878 (ii) If the governor removes a board member the entity that appointed the board
1879 member under Subsection (2) shall appoint a replacement board member in the same manner as
1880 described in Subsection (2).
1881 (6) (a) The governor shall, after consultation with the board, appoint a board member
1882 as chair of the board with the advice and consent of the Senate.
1883 (b) The chair shall serve a two-year term.
1884 (7) The board shall meet on an as-needed basis and as provided in the bylaws.
1885 (8) (a) The board shall elect one of the board members to serve as vice chair.
1886 (b) (i) The board may elect a secretary and treasurer who are not members of the board.
1887 (ii) If the board elects a secretary or treasurer who is not a member of the board, the
1888 secretary or treasurer does not have voting power.
1889 (c) A separate individual shall hold the offices of chair, vice chair, secretary, and
1890 treasurer.
1891 (9) Each board member, including the chair, has one vote.
1892 (10) A vote of a majority of the board members is necessary to take action on behalf of
1893 the board.
1894 (11) A board member may not receive compensation for the member's service on the
1895 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
1896 Chapter 3, Utah Administrative Rulemaking Act, receive:
1897 (a) a per diem at the rate established under Section 63A-3-106; and
1898 (b) travel expenses at the rate established under Section 63A-3-107.
1899 Section 49. Section 63I-1-204 is enacted to read:
1900 63I-1-204. Repeal dates, Title 4.
1901 Subsection 4-41a-105(2)(e)(i), related to the Native American Legislative Liaison
1902 Committee, is repealed July 1, 2022.
1903 Section 50. Section 63I-1-209 is amended to read:
1904 63I-1-209. Repeal dates, Title 9.
1905 (1) In relation to the Native American Legislative Liaison Committee, on July 1, 2022:
1906 (a) Subsection 9-9-104.6(2)(a) is repealed;
1907 (b) Subsection 9-9-104.6(4)(a), the language that states "who is not a legislator" is
1908 repealed; and
1909 (c) Subsection 9-9-104.6(4)(b), related to compensation of legislative members, is
1910 repealed.
1911 (2) In relation to the American Indian and Alaska Native Education State Plan Pilot
1912 Program, on July 1, 2022:
1913 (a) Subsection 26-7-2.5(4), related to the American Indian-Alaskan Native Public
1914 Education Liaison, is repealed; and
1915 (b) Subsection 9-9-104.6(2)(d) is repealed.
1916 Section 51. Section 63I-1-211 is amended to read:
1917 63I-1-211. Repeal dates, Title 11.
1918 (1) Section 11-14-308 is repealed December 31, 2020.
1919 (2) Title 11, Chapter 59, Point of the Mountain State Land Authority Act, is repealed
1920 January 1, 2029.
1921 Section 52. Section 63I-1-219 is amended to read:
1922 63I-1-219. Repeal dates, Title 19.
1923 (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2019.
1924 (2) Section 19-2a-102 is repealed July 1, 2021.
1925 [
1926 [
1927 [
1928 2019.
1929 [
1930 July 1, 2020.
1931 [
1932 2028.
1933 [
1934 2026.
1935 [
1936 2019.
1937 [
1938 2020.
1939 [
1940 1, 2027.
1941 Section 53. Section 63I-1-223 is amended to read:
1942 63I-1-223. Repeal dates, Title 23.
1943 Subsection 23-13-12.5(2)(f)(i), related to the Native American Legislative Liaison
1944 Committee, is repealed July 1, 2022.
1945 Section 54. Section 63I-1-226 is amended to read:
1946 63I-1-226. Repeal dates, Title 26.
1947 (1) Section 26-1-40 is repealed July 1, 2019.
1948 (2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1949 1, 2025.
1950 (3) Section 26-10-11 is repealed July 1, 2020.
1951 (4) Subsection 26-18-417(3) is repealed July 1, 2020.
1952 (5) Subsection 26-18-418(2), the language that states "and the Mental Health Crisis
1953 Line Commission created in Section 63C-18-202" is repealed July 1, 2023.
1954 [
1955 2024.
1956 [
1957 2024.
1958 [
1959 repealed July 1, 2024.
1960 [
1961 2019.
1962 (10) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund, is
1963 repealed January 1, 2023.
1964 [
1965 2019.
1966 (12) Subsection 26-61a-108(2)(e)(i), related to the Native American Legislative
1967 Liaison Committee, is repealed July 1, 2022.
1968 [
1969 repealed July 1, 2026.
1970 Section 55. Section 63I-1-232 is amended to read:
1971 63I-1-232. Repeal dates, Title 32A.
1972 In relation to the Utah Substance Use and Mental Health Advisory Council, on January
1973 1, 2023:
1974 (1) Subsection 32B-2-306(1)(a) is repealed;
1975 (2) Subsection 32B-2-306(4), the language that states "advisory council" is repealed
1976 and replaced with "department";
1977 (3) Subsections 32B-2-306(4)(b) and (e) are repealed;
1978 (4) Subsection 32B-2-306(5)(a), the language that states "in cooperation with the
1979 advisory council" is repealed;
1980 (5) Subsection 32B-2-306(5)(b) is amended to read:
1981 "(b) The department shall:
1982 (i) prepare a plan detailing the intended use of the money appropriated under this
1983 section; and
1984 (ii) conduct the media and education campaign in accordance with the guidelines
1985 created by the department under Subsection (4)(c).";
1986 (6) Subsection 32B-2-402(1)(b) is repealed;
1987 (7) Sections 32B-2-404 and 32B-2-405, the language that states "advisory council" is
1988 repealed and replaced with "department";
1989 (8) Subsection 32B-2-405(2), the language that states "by a majority vote" is repealed;
1990 and
1991 (9) Subsection 32B-2-405(4)(a)(i), the language that states "majority vote of" is
1992 repealed.
1993 Section 56. Section 63I-1-235 is amended to read:
1994 63I-1-235. Repeal dates, Title 35A.
1995 (1) Subsection 35A-1-109(4)(c), related to the Talent Ready Utah Board, is repealed
1996 January 1, 2023.
1997 [
1998 [
1999 repealed July 1, 2023.
2000 [
2001 (5) Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
2002 January 1, 2025.
2003 Section 57. Section 63I-1-236 is amended to read:
2004 63I-1-236. Repeal dates, Title 36.
2005 (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2023.
2006 [
2007 (3) Title 36, Chapter 22, Native American Legislative Liaison Committee, is repealed
2008 July 1, 2022.
2009 (4) Title 36, Chapter 28, Veterans and Military Affairs Commission, is repealed
2010 January 1, 2025.
2011 (5) Section 36-29-105 is repealed on December 31, 2020.
2012 [
2013 Committee, is repealed January 1, 2021.
2014 Section 58. Section 63I-1-241 is amended to read:
2015 63I-1-241. Repeal dates, Title 41.
2016 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
2017 Rehabilitation Fund, is repealed January 1, 2023.
2018 (2) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
2019 Rehabilitation Fund, is repealed January 1, 2023.
2020 (3) Subsection 41-12a-806(5) is repealed on July 1, 2020.
2021 (4) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
2022 Fund, is repealed January 1, 2023.
2023 Section 59. Section 63I-1-251 is amended to read:
2024 63I-1-251. Repeal dates, Title 51.
2025 (1) Subsection 51-2a-202(3) is repealed on June 30, 2020.
2026 (2) Subsections 51-10-201(5)(iv) and 51-10-204(1)(k)(i)(C), related to the Native
2027 American Legislative Liaison Committee, are repealed July 1, 2022.
2028 Section 60. Section 63I-1-253 is amended to read:
2029 63I-1-253. Repeal dates, Titles 53 through 53G.
2030 The following provisions are repealed on the following dates:
2031 (1) Subsection 53-10-202(18) is repealed July 1, 2018.
2032 (2) Section 53-10-202.1 is repealed July 1, 2018.
2033 (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
2034 (4) Section 53B-18-1501 is repealed July 1, 2021.
2035 (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
2036 (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
2037 (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
2038 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
2039 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
2040 (8) Section 53E-3-515 is repealed January 1, 2023.
2041 (9) In relation to a standards review committee, on January 1, 2023:
2042 (a) in Subsection 53E-4-202(8), the language that states "by a standards review
2043 committee and the recommendations of a standards review committee established under
2044 Section 53E-4-203" is repealed; and
2045 (b) Section 53E-4-203 is repealed.
2046 (10) (a) Sections 53E-10-503 and 53E-10-504 are repealed January 1, 2023.
2047 (b) Subsection 53E-10-501(1), related to the School Safety and Crisis Line
2048 Commission, is repealed January 1, 2023.
2049 [
2050 [
2051 [
2052 Education State Plan Pilot Program, is repealed July 1, 2022.
2053 [
2054 [
2055 (16) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
2056 Commission, are repealed January 1, 2025.
2057 [
2058 Section 61. Section 63I-1-262 is amended to read:
2059 63I-1-262. Repeal dates, Title 62A.
2060 (1) Subsections 62A-1-120(8)(g), (h), and (i) are repealed July 1, 2023.
2061 (2) Section 62A-3-209 is repealed July 1, 2023.
2062 (3) Section 62A-4a-202.9 is repealed December 31, 2019.
2063 (4) Section 62A-4a-213 is repealed July 1, 2019.
2064 (5) Section 62A-15-114 is repealed December 31, 2021.
2065 (6) Subsections 62A-15-116(1) and (4), the language that states "In consultation with
2066 the Crisis Line Commission, established in Section 53E-10-503," is repealed January 1, 2023.
2067 (7) Subsections 62A-15-1100(1) and 62A-15-1101(8), in relation to the Utah
2068 Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
2069 [
2070 (9) In relation to the Mental Health Crisis Line Commission, on July 1, 2023:
2071 (a) Subsections 62A-15-1301(1) and 62A-15-1401(1) are repealed;
2072 (b) Subsection 62A-15-1302(1)(b), the language that states "in consultation with the
2073 commission" is repealed;
2074 (c) Section 62A-15-1303, the language that states "In consultation with the
2075 commission," is repealed; and
2076 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
2077 from the commission," is repealed.
2078 Section 62. Section 63I-1-263 is amended to read:
2079 63I-1-263. Repeal dates, Titles 63A to 63N.
2080 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2081 (a) Section 63A-3-403 is repealed;
2082 (b) Subsection 63A-3-401(1) is repealed;
2083 (c) Subsection 63A-3-402(2)(c), the language that states "using criteria established by
2084 the board" is repealed;
2085 (d) Subsections 63A-3-404(1) and (2), the language that states "After consultation with
2086 the board, and" is repealed; and
2087 (e) Subsection 63A-3-404(1)(b), the language that states "using the standards provided
2088 in Subsection 63A-3-403(3)(c)" is repealed.
2089 [
2090 [
2091 2023.
2092 [
2093 July 1, 2028.
2094 [
2095
2096 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2097 2025.
2098 [
2099 1, 2020.
2100 [
2101 is repealed July 1, 2021.
2102 [
2103 July 1, 2023.
2104 [
2105 1, 2025.
2106 [
2107 July 1, 2020.
2108 (11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
2109 (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
2110 (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
2111 (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
2112 be a legislator, in accordance with Subsection (3)(e)," is repealed;
2113 (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
2114 "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
2115 Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
2116 year that the board member was appointed.";
2117 (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
2118 president of the Senate, the speaker of the House, the governor," is repealed and replaced with
2119 "the governor"; and
2120 (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
2121 repealed.
2122 [
2123 2026.
2124 [
2125 (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
2126 Development Coordinating Committee," is repealed;
2127 (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
2128 sites for the transplant of species to local government officials having jurisdiction over areas
2129 that may be affected by a transplant.";
2130 (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
2131 Coordinating Committee" is repealed;
2132 (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
2133 Coordinating Committee created in Section 63J-4-501 and" is repealed;
2134 (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
2135 Coordinating Committee and" is repealed;
2136 (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
2137 accordingly;
2138 (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
2139 (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
2140 word "and" is inserted immediately after the semicolon;
2141 (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
2142 (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
2143 and
2144 (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
2145 renumbered accordingly.
2146 [
2147 repealed July 1, 2026.
2148 [
2149 Marriage Commission, is repealed July 1, 2023.
2150 [
2151 System Restricted Account, is repealed July 1, 2022.
2152 (b) When repealing Subsection 63J-1-602.1(51), the Office of Legislative Research and
2153 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
2154 necessary changes to subsection numbering and cross references.
2155 (17) Subsection 63J-1-602.2(23), related to the Utah Seismic Safety Commission, is
2156 repealed January 1, 2025.
2157 (18) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on January
2158 1, 2023, is amended to read:
2159 "(1) On or before October 1, the board shall provide an annual written report to the
2160 Social Services Appropriations Subcommittee and the Economic Development and Workforce
2161 Services Interim Committee.".
2162 (19) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2163 January 1, 2023:
2164 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2165 repealed;
2166 (b) Section 63M-7-305, the language that states "council" is replaced with
2167 "commission";
2168 (c) Subsection 63M-7-305(1) is repealed and replaced with:
2169 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2170 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2171 "(2) The commission shall:
2172 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2173 Drug-Related Offenses Reform Act; and
2174 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
2175 Subsections 77-18-1(5)(b)(iii) and (iv).".
2176 [
2177 63M-7-504, is repealed July 1, 2027.
2178 [
2179 [
2180 (22) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
2181 on January 1, 2023.
2182 [
2183 [
2184 is repealed January 1, 2021.
2185 (b) Subject to Subsection [
2186 tax credits for certain persons in recycling market development zones, are repealed for taxable
2187 years beginning on or after January 1, 2021.
2188 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
2189 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
2190 59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
2191 (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
2192 the expenditure is made on or after January 1, 2021.
2193 (d) Notwithstanding Subsections [
2194 tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
2195 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
2196 (ii) (A) for the purchase price of machinery or equipment described in Section
2197 59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
2198 2020; or
2199 (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
2200 expenditure is made on or before December 31, 2020.
2201 [
2202 [
2203 January 1, 2021.
2204 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2205 calendar years beginning on or after January 1, 2021.
2206 (c) Notwithstanding Subsection [
2207 in accordance with Section 59-9-107 if:
2208 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2209 31, 2020; and
2210 (ii) the qualified equity investment that is the basis of the tax credit is certified under
2211 Section 63N-2-603 on or before December 31, 2023.
2212 [
2213 2023.
2214 [
2215 repealed July 1, 2023.
2216 [
2217 Program, is repealed January 1, 2023.
2218 (30) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:
2219 (a) Subsection 63N-10-201(2)(a) is amended to read:
2220 "(2)(a) The governor shall appoint five commission members with the advice and
2221 consent of the Senate.";
2222 (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
2223 (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
2224 respectively," is repealed; and
2225 (d) Subsection 63N-10-201(3)(d) is amended to read:
2226 "(d) The governor may remove a commission member for any reason and replace the
2227 commission member in accordance with this section.".
2228 (31) In relation to the Talent Ready Utah Board, on January 1, 2023:
2229 (a) Subsection 63N-12-202(17) is repealed;
2230 (b) in Subsection 63N-12-214(2), the language that states "Talent Ready Utah," is
2231 repealed; and
2232 (c) in Subsection 63N-12-214(5), the language that states "representatives of Talent
2233 Ready Utah," is repealed.
2234 [
2235 repealed July 1, 2018.
2236 (33) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2237 2023.
2238 Section 63. Section 63I-1-267 is amended to read:
2239 63I-1-267. Repeal dates, Title 67.
2240 [
2241 [
2242
2243 Section 64. Section 63I-1-272 is amended to read:
2244 63I-1-272. Repeal dates, Title 72.
2245 Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January 2,
2246 2025.
2247 Section 65. Section 63I-1-273 is amended to read:
2248 63I-1-273. Repeal dates, Title 73.
2249 (1) The instream flow water right for trout habitat established in Subsection 73-3-30(3)
2250 is repealed December 31, 2019.
2251 (2) In relation to the Legislative Water Development Commission, on January 1, 2021:
2252 (a) in Subsection 73-10g-105(3), the language that states "and in consultation with the
2253 State Water Development Commission created in Section 73-27-102" is repealed;
2254 (b) Subsection 73-10g-203(4)(a) is repealed; and
2255 (c) Title 73, Chapter 27, State Water Development Commission, is repealed.
2256 Section 66. Section 63I-2-219 is amended to read:
2257 63I-2-219. Repeal dates -- Title 19.
2258 (1) (a) Subsection 19-1-108(3)(a) is repealed on June 30, 2019.
2259 (b) When repealing Subsection 19-1-108(3)(a), the Office of Legislative Research and
2260 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2261 necessary changes to subsection numbering and cross references.
2262 (2) Subsections 19-2-109.2(2) through (10), related to the Compliance Advisory Panel,
2263 are repealed July 1, 2021.
2264 [
2265 Section 67. Section 63I-2-263 is amended to read:
2266 63I-2-263. Repeal dates, Title 63A to Title 63N.
2267 (1) On July 1, 2020:
2268 (a) Subsection 63A-3-403(5)(a)(i) is repealed; and
2269 (b) in Subsection 63A-3-403(5)(a)(ii), the language that states "appointed on or after
2270 May 8, 2018," is repealed.
2271 (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
2272 [
2273 repealed July 1, 2020.
2274 (4) In relation to the State Fair Park Committee, on January 1, 2021:
2275 (a) Section 63H-6-104.5 is repealed; and
2276 (b) Subsections 63H-6-104(8) and (9) are repealed.
2277 [
2278 [
2279 (a) in Subsection 63J-1-206(2)(c)(i), the language that states " Subsection(2)(c)(ii) and"
2280 is repealed; and
2281 (b) Subsection 63J-1-206(2)(c)(ii) is repealed.
2282 (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
2283 (a) Subsection 63J-1-602.1(52) is repealed;
2284 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
2285 and
2286 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
2287 [
2288 [
2289 [
2290 Section 68. Section 63I-2-272 is amended to read:
2291 63I-2-272. Repeal dates -- Title 72.
2292 (1) Subsections 72-1-213(2) and (3)(a)(i), related to the Road Usage Charge Advisory
2293 Committee, are repealed January 1, 2022.
2294 [
2295 (a) in Subsection 72-2-108(2), the language that states "and except as provided in
2296 Subsection (10)" is repealed;
2297 (b) in Subsection 72-2-108(4)(c)(ii)(A), the language that states ", excluding any
2298 amounts appropriated as additional support for class B and class C roads under Subsection
2299 (10)," is repealed; and
2300 (c) Subsection 72-2-108(10) is repealed.
2301 [
2302 [
2303 Section 69. Section 63J-4-606 is amended to read:
2304 63J-4-606. Public lands transfer study and economic analysis -- Report.
2305 (1) As used in this section:
2306 (a) "Public lands" [
2307 (b) "Transfer of public lands" means the transfer of public lands from federal
2308 ownership to state ownership.
2309 [
2310 [
2311
2312 [
2313
2314
2315 [
2316
2317 [
2318 [
2319 [
2320 [
2321 [
2322 [
2323 [
2324 [
2325
2326 [
2327
2328 [
2329 [
2330
2331 [
2332
2333 [
2334
2335
2336 [
2337 [
2338
2339 [
2340
2341 [
2342 [
2343
2344 [
2345
2346 [
2347 [
2348
2349 [
2350 [
2351
2352 [
2353 [
2354 [
2355 [
2356 [
2357
2358 [
2359 [
2360
2361 [
2362
2363 [
2364
2365 [
2366 [
2367 [
2368
2369
2370 [
2371 (2) The coordinator and the office shall, on an ongoing basis, report to the Federalism
2372 Commission regarding the ramifications and economic impacts of the transfer of public lands.
2373 (3) The coordinator and office shall:
2374 (a) on an ongoing basis, discuss issues related to the transfer of public lands with:
2375 (i) the School and Institutional Trust Lands Administration;
2376 (ii) local governments;
2377 (iii) water managers;
2378 (iv) environmental advocates;
2379 (v) outdoor recreation advocates;
2380 (vi) nonconventional and renewable energy producers;
2381 (vii) tourism representatives;
2382 (viii) wilderness advocates;
2383 (ix) ranchers and agriculture advocates;
2384 (x) oil, gas, and mining producers;
2385 (xi) fishing, hunting, and other wildlife interests;
2386 (xii) timber producers;
2387 (xiii) other interested parties; and
2388 [
2389 (xiv) the Federalism Commission; and
2390 (b) develop ways to obtain input from Utah citizens regarding the transfer of public
2391 lands and the future care and use of public lands.
2392 [
2393
2394 [
2395
2396
2397
2398 Section 70. Section 63J-4-607 is amended to read:
2399 63J-4-607. Resource management plan administration.
2400 (1) The office shall consult with the [
2401 Federalism Commission before expending funds appropriated by the Legislature for the
2402 implementation of this section.
2403 (2) To the extent that the Legislature appropriates sufficient funding, the office may
2404 procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
2405 Procurement Code, to assist the office with the office's responsibilities described in Subsection
2406 (3).
2407 (3) The office shall:
2408 (a) assist each county with the creation of the county's resource management plan by:
2409 (i) consulting with the county on policy and legal issues related to the county's resource
2410 management plan; and
2411 (ii) helping the county ensure that the county's resource management plan meets the
2412 requirements of Subsection 17-27a-401(3);
2413 (b) promote quality standards among all counties' resource management plans; and
2414 (c) upon submission by a county, review and verify the county's:
2415 (i) estimated cost for creating a resource management plan; and
2416 (ii) actual cost for creating a resource management plan.
2417 (4) (a) A county shall cooperate with the office, or an entity procured by the office
2418 under Subsection (2), with regards to the office's responsibilities under Subsection (3).
2419 (b) To the extent that the Legislature appropriates sufficient funding, the office may, in
2420 accordance with Subsection (4)(c), provide funding to a county before the county completes a
2421 resource management plan.
2422 (c) The office may provide pre-completion funding described in Subsection (4)(b):
2423 (i) after:
2424 (A) the county submits an estimated cost for completing the resource management plan
2425 to the office; and
2426 (B) the office reviews and verifies the estimated cost in accordance with Subsection
2427 (3)(c)(i); and
2428 (ii) in an amount up to:
2429 (A) 50% of the estimated cost of completing the resource management plan, verified
2430 by the office; or
2431 (B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
2432 (d) To the extent that the Legislature appropriates sufficient funding, the office shall
2433 provide funding to a county in the amount described in Subsection (4)(e) after:
2434 (i) a county's resource management plan:
2435 (A) meets the requirements described in Subsection 17-27a-401(3); and
2436 (B) is adopted under Subsection 17-27a-404(6)(d);
2437 (ii) the county submits the actual cost of completing the resource management plan to
2438 the office; and
2439 (iii) the office reviews and verifies the actual cost in accordance with Subsection
2440 (3)(c)(ii).
2441 (e) The office shall provide funding to a county under Subsection (4)(d) in an amount
2442 equal to the difference between:
2443 (i) the lesser of:
2444 (A) the actual cost of completing the resource management plan, verified by the office;
2445 or
2446 (B) $50,000; and
2447 (ii) the amount of any pre-completion funding that the county received under
2448 Subsections (4)(b) and (c).
2449 (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
2450 established in Subsection 17-27a-404(6)(d) for a county to adopt a resource management plan,
2451 the office shall:
2452 (a) obtain a copy of each county's resource management plan;
2453 (b) create a statewide resource management plan that:
2454 (i) meets the same requirements described in Subsection 17-27a-401(3); and
2455 (ii) to the extent reasonably possible, coordinates and is consistent with any resource
2456 management plan or land use plan established under Chapter 8, State of Utah Resource
2457 Management Plan for Federal Lands; and
2458 (c) submit a copy of the statewide resource management plan to the [
2459
2460 (6) Following review of the statewide resource management plan, the [
2461
2462 approving the statewide resource management plan for consideration during the 2018 General
2463 Session.
2464 (7) To the extent that the Legislature appropriates sufficient funding, the office shall
2465 provide legal support to a county that becomes involved in litigation with the federal
2466 government over the requirements of Subsection 17-27a-405(3).
2467 (8) After the statewide resource management plan is approved, as described in
2468 Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
2469 shall monitor the implementation of the statewide resource management plan at the federal,
2470 state, and local levels.
2471 Section 71. Section 63J-4-702 is amended to read:
2472 63J-4-702. Employability to Careers Program Board.
2473 (1) There is created within the office the Employability to Careers Program Board
2474 composed of the following members:
2475 (a) the executive director of the Department of Workforce Services or the executive
2476 director's designee;
2477 (b) the executive director of the Department of Human Services or the executive
2478 director's designee; and
2479 (c) three members appointed by the governor with the consent of the Senate as follows:
2480 (i) one member from the private or nonprofit sector with expertise in finance;
2481 (ii) one member who is not a legislator from the private or nonprofit sector chosen
2482 from among two individuals recommended by the president of the Senate; and
2483 (iii) one member who is not a legislator from the private or nonprofit sector chosen
2484 from among two individuals recommended by the speaker of the House of Representatives.
2485 (2) (a) An appointed member of the board shall serve for a term of three years, but may
2486 be reappointed for one additional term.
2487 (b) If a vacancy occurs in the board for any reason, the governor with the consent of the
2488 Senate shall appoint a replacement to serve the remainder of the board member's term.
2489 (3) The board shall elect a chair from among the board's membership.
2490 (4) The board shall meet at least quarterly upon the call of the chair.
2491 (5) Four members of the board constitute a quorum.
2492 (6) Action by a majority present constitutes the action of the board.
2493 (7) A board member may not receive compensation or benefits for the member's
2494 service, but a member may receive per diem and travel expenses in accordance with:
2495 (a) Section 63A-3-106;
2496 (b) Section 63A-3-107; and
2497 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2498 63A-3-107.
2499 (8) The office shall provide staff support to the board.
2500 Section 72. Section 63L-10-102 is amended to read:
2501 63L-10-102. Definitions.
2502 As used in this chapter:
2503 (1) "Commission" means the [
2504 Federalism Commission.
2505 (2) "Office" means the Public Lands Policy Coordinating Office established in Section
2506 63J-4-602.
2507 (3) "Plan" means the statewide resource management plan, created pursuant to Section
2508 63J-4-607 and adopted in Section 63L-10-103.
2509 (4) "Public lands" means:
2510 (a) land other than a national park that is managed by the United States Parks Service;
2511 (b) land that is managed by the United States Forest Service; and
2512 (c) land that is managed by the Bureau of Land Management.
2513 Section 73. Section 63L-10-103 is amended to read:
2514 63L-10-103. Statewide resource management plan adopted.
2515 (1) The statewide resource management plan, dated January 2, 2018, and on file with
2516 the office, is hereby adopted.
2517 (2) The office shall, to the extent possible and as funding allows, monitor federal, state,
2518 and local government compliance with the plan.
2519 (3) If the office modifies the plan, the office shall notify the commission of the
2520 modification and the office's reasoning for the modification within 30 days of the day on which
2521 the modification is made.
2522 (4) (a) The commission may request additional information of the office regarding any
2523 modifications to the plan, as described in Subsection (3).
2524 (b) The office shall promptly respond to any request for additional information, as
2525 described in Subsection (4)(a).
2526 (c) The commission may make a recommendation that the Legislature approve a
2527 modification or disapprove a modification, or the commission may decline to take action.
2528 (5) The office shall annually:
2529 (a) prepare a report detailing what changes, if any, are recommended for the plan and
2530 deliver the report to the commission [
2531 (b) report on the implementation of the plan at the federal, state, and local levels to the
2532 commission [
2533 (6) If the commission makes a recommendation that the Legislature approve a
2534 modification, the commission shall prepare a bill in anticipation of the annual general session
2535 of the Legislature to implement the change.
2536 Section 74. Section 63L-10-104 is amended to read:
2537 63L-10-104. Policy statement.
2538 (1) Except as provided in Subsection (2), state agencies and political subdivisions shall
2539 refer to and substantially conform with the statewide resource management plan when making
2540 plans for public lands or other public resources in the state.
2541 (2) (a) The office shall, as funding allows, maintain a record of all state agency and
2542 political subdivision resource management plans and relevant documentation.
2543 (b) On an ongoing basis, state agencies and political subdivisions shall keep the office
2544 informed of any substantive modifications to their resource management plans.
2545 (c) On or before [
2546 the commission that includes the following:
2547 (i) any modifications to the state agency or political subdivision resource management
2548 plans that are inconsistent with the statewide resource management plan;
2549 (ii) a recommendation as to how an inconsistency identified under Subsection (2)(c)(i),
2550 if any, should be addressed; and
2551 (iii) a recommendation:
2552 (A) as to whether the statewide resource management plan should be modified to
2553 address any inconsistency identified under Subsection (2)(c)(i); or
2554 (B) on any other modification to the statewide resource management plan the office
2555 determines is necessary.
2556 (3) (a) Subject to Subsection (3)(b), nothing in this section preempts the authority
2557 granted to a political subdivision under:
2558 (i) Title 10, Chapter 8, Powers and Duties of Municipalities, or Title 10, Chapter 9a,
2559 Municipal Land Use, Development, and Management Act; or
2560 (ii) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
2561 (b) Federal regulations state that, when state and local government policies, plans, and
2562 programs conflict, those of higher authority will normally be followed.
2563 Section 75. Section 63M-2-301 is amended to read:
2564 63M-2-301. The Utah Science Technology and Research Initiative -- Governing
2565 authority -- Executive director.
2566 (1) There is created the Utah Science Technology and Research Initiative.
2567 (2) To oversee USTAR, there is created the Utah Science Technology and Research
2568 Governing Authority consisting of:
2569 (a) the state treasurer or the state treasurer's designee;
2570 (b) the executive director of the Governor's Office of Economic Development;
2571 (c) three members appointed by the governor, with the consent of the Senate;
2572 (d) two members who are not legislators appointed by the president of the Senate;
2573 (e) two members who are not legislators appointed by the speaker of the House of
2574 Representatives; and
2575 (f) one member appointed by the commissioner of higher education.
2576 (3) (a) The eight appointed members under Subsections (2)(c) through (f) shall serve
2577 four-year staggered terms.
2578 (b) An appointed member under Subsection (2)(c), (d), (e), or (f):
2579 (i) may not serve more than two full consecutive terms; and
2580 (ii) may be removed from the governing authority for any reason before the member's
2581 term is completed:
2582 (A) at the discretion of the original appointing authority; and
2583 (B) after the original appointing authority consults with the governing authority.
2584 (4) A vacancy on the governing authority in an appointed position under Subsection
2585 (2)(c), (d), (e), or (f) shall be filled for the unexpired term by the appointing authority in the
2586 same manner as the original appointment.
2587 (5) (a) Except as provided in Subsection (5)(b), the governor, with the consent of the
2588 Senate, shall select the chair of the governing authority to serve a one-year term.
2589 (b) The governor may extend the term of a sitting chair of the governing authority
2590 without the consent of the Senate.
2591 (c) The executive director of the Governor's Office of Economic Development shall
2592 serve as the vice chair of the governing authority.
2593 (6) The governing authority shall meet at least six times each year and may meet more
2594 frequently at the request of a majority of the members of the governing authority.
2595 (7) Five members of the governing authority are a quorum.
2596 (8) A member of the governing authority may not receive compensation or benefits for
2597 the member's service, but may receive per diem and travel expenses as allowed in:
2598 (a) Section 63A-3-106;
2599 (b) Section 63A-3-107; and
2600 (c) rules made by the Division of Finance:
2601 (i) pursuant to Sections 63A-3-106 and 63A-3-107; and
2602 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2603 (9) (a) After consultation with the governing authority, the governor, with the consent
2604 of the Senate, shall appoint a full-time executive director to provide staff support for the
2605 governing authority.
2606 (b) The executive director is an at-will employee who may be terminated with or
2607 without cause by:
2608 (i) the governor; or
2609 (ii) majority vote of the governing authority.
2610 Section 76. Section 63M-7-301 is amended to read:
2611 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
2612 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
2613 Advisory Council created in this section.
2614 (b) There is created within the governor's office the Utah Substance Use and Mental
2615 Health Advisory Council.
2616 (2) The council shall be comprised of the following voting members:
2617 (a) the attorney general or the attorney general's designee;
2618 (b) an elected county official appointed by the Utah Association of Counties;
2619 (c) the commissioner of public safety or the commissioner's designee;
2620 (d) the director of the Division of Substance Abuse and Mental Health or the director's
2621 designee;
2622 (e) the state superintendent of public instruction or the superintendent's designee;
2623 (f) the executive director of the Department of Health or the executive director's
2624 designee;
2625 (g) the executive director of the Commission on Criminal and Juvenile Justice or the
2626 executive director's designee;
2627 (h) the executive director of the Department of Corrections or the executive director's
2628 designee;
2629 (i) the director of the Division of Juvenile Justice Services or the director's designee;
2630 (j) the director of the Division of Child and Family Services or the director's designee;
2631 (k) the chair of the Board of Pardons and Parole or the chair's designee;
2632 (l) the director of the Office of Multicultural Affairs or the director's designee;
2633 (m) the director of the Division of Indian Affairs or the director's designee;
2634 (n) the state court administrator or the state court administrator's designee;
2635 (o) a district court judge who presides over a drug court and who is appointed by the
2636 chief justice of the Utah Supreme Court;
2637 (p) a district court judge who presides over a mental health court and who is appointed
2638 by the chief justice of the Utah Supreme Court;
2639 (q) a juvenile court judge who presides over a drug court and who is appointed by the
2640 chief justice of the Utah Supreme Court;
2641 (r) a prosecutor appointed by the Statewide Association of Prosecutors;
2642 (s) the chair or co-chair of each committee established by the council;
2643 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
2644 Subsection 62A-15-11(2)(b);
2645 [
2646 [
2647
2648 [
2649 [
2650 four-year term;
2651 (v) the following members appointed by the governor to serve four-year terms:
2652 (i) one resident of the state who has been personally affected by a substance use or
2653 mental health disorder; and
2654 (ii) one citizen representative; and
2655 (w) in addition to the voting members described in Subsections (2)(a) through (v), the
2656 following voting members appointed by a majority of the members described in Subsections
2657 (2)(a) through (v) to serve four-year terms:
2658 (i) one resident of the state who represents a statewide advocacy organization for
2659 recovery from substance use disorders;
2660 (ii) one resident of the state who represents a statewide advocacy organization for
2661 recovery from mental illness;
2662 (iii) one resident of the state who represents prevention professionals;
2663 (iv) one resident of the state who represents treatment professionals;
2664 (v) one resident of the state who represents the physical health care field;
2665 (vi) one resident of the state who is a criminal defense attorney;
2666 (vii) one resident of the state who is a military servicemember or military veteran under
2667 Section 53B-8-102;
2668 (viii) one resident of the state who represents local law enforcement agencies; and
2669 (ix) one representative of private service providers that serve youth with substance use
2670 disorders or mental health disorders.
2671 (3) An individual other than an individual described in Subsection (2) may not be
2672 appointed as a voting member of the council.
2673 Section 77. Section 63M-7-302 is amended to read:
2674 63M-7-302. Chair -- Vacancies -- Quorum -- Expenses.
2675 (1) The Utah Substance Use and Mental Health Advisory Council shall annually select
2676 one of its members to serve as chair and one of its members to serve as vice chair.
2677 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
2678 appointed for the unexpired term in the same manner as the position was originally filled.
2679 (3) A majority of the members of the council constitutes a quorum.
2680 (4) [
2681 for the member's service, but may receive per diem and travel expenses as allowed in:
2682 [
2683 [
2684 [
2685 63A-3-107.
2686 [
2687
2688 (5) The council may establish committees as needed to assist in accomplishing its
2689 duties under Section 63M-7-303.
2690 Section 78. Section 63M-7-601 is amended to read:
2691 63M-7-601. Creation -- Members -- Chair.
2692 (1) There is created within the governor's office the Utah Council on Victims of Crime.
2693 (2) The Utah Council on Victims of Crime shall be composed of 25 voting members as
2694 follows:
2695 (a) a representative of the Commission on Criminal and Juvenile Justice appointed by
2696 the executive director;
2697 (b) a representative of the Department of Corrections appointed by the executive
2698 director;
2699 (c) a representative of the Board of Pardons and Parole appointed by the chair;
2700 (d) a representative of the Department of Public Safety appointed by the commissioner;
2701 (e) a representative of the Division of Juvenile Justice Services appointed by the
2702 director;
2703 (f) a representative of the Utah Office for Victims of Crime appointed by the director;
2704 (g) a representative of the Office of the Attorney General appointed by the attorney
2705 general;
2706 (h) a representative of the United States Attorney for the district of Utah appointed by
2707 the United States Attorney;
2708 (i) a representative of Utah's Native American community appointed by the director of
2709 the Division of Indian Affairs after input from federally recognized tribes in Utah;
2710 (j) a professional or volunteer working in the area of violence against women and
2711 families appointed by the governor;
2712 (k) the chair of each judicial district's victims' rights committee;
2713 (l) the following members appointed to serve four-year terms:
2714 (i) a representative of the Statewide Association of Public Attorneys appointed by that
2715 association;
2716 (ii) a representative of the Utah Chiefs of Police Association appointed by the president
2717 of that association;
2718 (iii) a representative of the Utah Sheriffs' Association appointed by the president of that
2719 association;
2720 (iv) a representative of a Children's Justice Center appointed by the [
2721
2722 (v) a citizen representative appointed by the governor; and
2723 (m) the following members appointed by the members in Subsections (2)(a) through
2724 (2)(k) to serve four-year terms:
2725 (i) an individual who works professionally with victims of crime; and
2726 (ii) a victim of crime.
2727 (3) The council shall annually elect one member to serve as chair.
2728 Section 79. Section 63M-11-201 is amended to read:
2729 63M-11-201. Composition -- Appointments -- Terms -- Removal.
2730 (1) The commission shall be composed of [
2731 [
2732 [
2733 [
2734 [
2735 [
2736 [
2737 [
2738 following:
2739 (i) the Utah Association of Area Agencies on Aging;
2740 (ii) higher education in Utah;
2741 (iii) the business community;
2742 (iv) the Utah Association of Counties;
2743 (v) the Utah League of Cities and Towns;
2744 (vi) charitable organizations;
2745 (vii) the health care provider industry;
2746 (viii) financial institutions;
2747 (ix) the legal profession;
2748 (x) the public safety sector;
2749 (xi) public transportation;
2750 (xii) ethnic minorities;
2751 (xiii) the industry that provides long-term care for the elderly;
2752 (xiv) organizations or associations that advocate for the aging population;
2753 (xv) the Alzheimer's Association; and
2754 (xvi) the general public.
2755 (2) (a) A member appointed under Subsection (1)[
2756 (b) Notwithstanding the term requirements of Subsection (2)(a), the governor may
2757 adjust the length of the initial commission members' terms to ensure that the terms are
2758 staggered so that approximately 1/2 of the members appointed under Subsection (1)(g) are
2759 appointed each year.
2760 (c) When, for any reason, a vacancy occurs in a position appointed by the governor
2761 under Subsection (1)[
2762 unexpired term of the commission member being replaced.
2763 (d) Members appointed under Subsection (1)[
2764 for cause.
2765 (e) A member appointed under Subsection (1)[
2766 commission and replaced by the governor if the member is absent for three consecutive
2767 meetings of the commission without being excused by the chair of the commission.
2768 (3) In appointing the members under Subsection (1)[
2769 (a) take into account the geographical makeup of the commission; and
2770 (b) strive to appoint members who are knowledgeable or have an interest in issues
2771 relating to the aging population.
2772 Section 80. Section 63M-11-206 is amended to read:
2773 63M-11-206. Members serve without pay -- Reimbursement for expenses.
2774 [
2775 the member's service, but may receive per diem and travel expenses as allowed in:
2776 [
2777 [
2778 [
2779 63A-3-107.
2780 [
2781
2782
2783 Section 81. Section 63N-1-201 is amended to read:
2784 63N-1-201. Creation of office -- Responsibilities.
2785 (1) There is created the Governor's Office of Economic Development.
2786 (2) The office is:
2787 (a) responsible for economic development and economic development planning in the
2788 state; and
2789 (b) the industrial promotion authority of the state.
2790 (3) The office shall:
2791 (a) administer and coordinate state and federal economic development grant programs;
2792 (b) promote and encourage the economic, commercial, financial, industrial,
2793 agricultural, and civic welfare of the state;
2794 (c) promote and encourage the employment of workers in the state and the purchase of
2795 goods and services produced in the state by local businesses;
2796 (d) act to create, develop, attract, and retain business, industry, and commerce in the
2797 state;
2798 (e) act to enhance the state's economy;
2799 (f) administer programs over which the office is given administrative supervision by
2800 the governor;
2801 (g) submit an annual written report as described in Section 63N-1-301; and
2802 [
2803 [
2804 (4) In order to perform its duties under this title, the office may:
2805 (a) enter into a contract or agreement with, or make a grant to, a public or private
2806 entity, including a municipality, if the contract or agreement is not in violation of state statute
2807 or other applicable law;
2808 (b) except as provided in Subsection (4)(c), receive and expend funds from a public or
2809 private source for any lawful purpose that is in the state's best interest; and
2810 (c) solicit and accept a contribution of money, services, or facilities from a public or
2811 private donor, but may not use the contribution for publicizing the exclusive interest of the
2812 donor.
2813 (5) Money received under Subsection (4)(c) shall be deposited in the General Fund as
2814 dedicated credits of the office.
2815 (6) (a) The office shall obtain the advice of the board before implementing a change to
2816 a policy, priority, or objective under which the office operates.
2817 (b) Subsection (6)(a) does not apply to the routine administration by the office of
2818 money or services related to the assistance, retention, or recruitment of business, industry, or
2819 commerce in the state.
2820 Section 82. Section 63N-12-505, which is renumbered from Section 53B-17-108 is
2821 renumbered and amended to read:
2822 [
2823 (1) As used in this section:
2824 (a) "Education provider" means:
2825 (i) a Utah institution of higher education as defined in Section 53B-2-101; or
2826 (ii) a nonprofit Utah provider of postsecondary education.
2827 (b) "Student user" means:
2828 (i) a Utah student in kindergarten through grade 12;
2829 (ii) a Utah post secondary education student;
2830 (iii) a parent or guardian of a Utah public education student; or
2831 (iv) a Utah potential post secondary education student.
2832 (c) "Utah Futures" means a career planning program developed and administered by
2833 the [
2834 [
2835
2836 (2) The [
2837 allows and is feasible, that Utah Futures will:
2838 (a) allow a student user to:
2839 (i) access, subject to Subsection (3), information about an education provider or a
2840 scholarship provider;
2841 (ii) access information about different career opportunities and understand the related
2842 educational requirements to enter that career;
2843 (iii) access information about education providers;
2844 (iv) access up to date information about entrance requirements to education providers;
2845 (v) apply for entrance to multiple schools without having to fully replicate the
2846 application process;
2847 (vi) apply for loans, scholarships, or grants from multiple education providers in one
2848 location without having to fully replicate the application process for multiple education
2849 providers; and
2850 (vii) research open jobs from different companies within the user's career interest and
2851 apply for those jobs without having to leave the website to do so;
2852 (b) allow all users to:
2853 (i) access information about different career opportunities and understand the related
2854 educational requirements to enter that career;
2855 (ii) access information about education providers;
2856 (iii) access up-to-date information about entrance requirements to education providers;
2857 (iv) apply for entrance to multiple schools without having to fully replicate the
2858 application process;
2859 (v) apply for loans, scholarships, or grants from multiple education providers in one
2860 location without having to fully replicate the application process for multiple education
2861 providers; and
2862 (vi) research open jobs from different companies within the user's career interest and
2863 apply for those jobs without having to leave the website to do so;
2864 (c) allow an education provider to:
2865 (i) request that Utah Futures send information to student users who are interested in
2866 various educational opportunities;
2867 (ii) promote the education provider's programs and schools to student users; and
2868 (iii) connect with student users within the Utah Futures website;
2869 (d) allow a Utah business to:
2870 (i) request that Utah Futures send information to student users who are pursuing
2871 educational opportunities that are consistent with jobs the Utah business is trying to fill now or
2872 in the future; and
2873 (ii) market jobs and communicate with student users through the Utah Futures website
2874 as allowed by law;
2875 (e) provide analysis and reporting on student user interests and education paths within
2876 the education system; and
2877 (f) allow all users of the Utah Futures' system to communicate and interact through
2878 social networking tools within the Utah Futures website as allowed by law.
2879 (3) A student may access information described in Subsection (2)(a)(i) only if Utah
2880 Futures obtains written consent:
2881 (a) of a student's parent or legal guardian through the student's school or LEA; or
2882 (b) for a student who is age 18 or older or an emancipated minor, from the student.
2883 (4) The [
2884 (a) may charge a fee to a Utah business for services provided by Utah Futures under
2885 this section; and
2886 (b) shall establish a fee described in Subsection (4)(a) in accordance with Section
2887 63J-1-504.
2888 Section 83. Section 67-1-2.5 is amended to read:
2889 67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
2890 (1) As used in this section[
2891 (a) "Administrator" means the boards and commissions administrator designated under
2892 Subsection (2).
2893 (b) "Executive board" means any executive branch board, commission, council,
2894 committee, working group, task force, study group, advisory group, or other body with a
2895 defined limited membership that is created to operate for more than six months by the
2896 constitution, by statute, by executive order, by the governor, lieutenant governor, attorney
2897 general, state auditor, or state treasurer or by the head of a department, division, or other
2898 administrative subunit of the executive branch of state government.
2899 (2) (a) Before September 1 of the calendar year following the year in which the
2900 Legislature creates a new executive board, the governor shall:
2901 (i) review the executive board to evaluate:
2902 (A) whether the executive board accomplishes a substantial governmental interest; and
2903 (B) whether it is necessary for the executive board to remain in statute;
2904 (ii) in the governor's review under Subsection (2)(a)(i), consider:
2905 (A) the funding required for the executive board;
2906 (B) the staffing resources required for the executive board;
2907 (C) the time members of the executive board are required to commit to serve on the
2908 executive board; and
2909 (D) whether the responsibilities of the executive board could reasonably be
2910 accomplished through an existing entity or without statutory direction; and
2911 (iii) submit a report to the Government Operations Interim Committee recommending
2912 that the Legislature:
2913 (A) repeal the executive board;
2914 (B) add a sunset provision or future repeal date to the executive board;
2915 (C) make other changes to make the executive board more efficient; or
2916 (D) make no changes to the executive board.
2917 (b) In conducting the evaluation and making the report described in Subsection (2)(a),
2918 the governor shall give deference to:
2919 (i) reducing the size of government; and
2920 (ii) making governmental programs more efficient and effective.
2921 (c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the
2922 Government Operations Interim Committee shall vote on whether to address the
2923 recommendations made by the governor in the report and prepare legislation accordingly.
2924 [
2925 administrator from the governor's staff to maintain a computerized [
2926 containing information about all executive boards.
2927 [
2928 that the [
2929 [
2930 [
2931 [
2932 [
2933 jurisdiction the executive board operates or with which the executive board is affiliated, if any;
2934 [
2935 individual currently serving on the executive board, along with a notation of all vacant or
2936 unfilled positions;
2937 [
2938 executive board;
2939 [
2940 appointed and the month and year that each executive board member's term expires;
2941 [
2942 the Senate;
2943 [
2944 geographic area that [
2945 any;
2946 [
2947 if the statute or executive order creating the position requires representation from political
2948 parties;
2949 [
2950 [
2951 and
2952 [
2953 executive board are authorized to receive.
2954 [
2955 (4) The administrator shall place the following on the governor's website:
2956 (a) [
2957
2958 [
2959
2960 (b) each report the administrator receives under Subsection (5); and
2961 (c) the summary report described in Subsection (6).
2962 (5) (a) Before August 1 of each year, each executive board shall prepare and submit to
2963 the administrator an annual report that includes:
2964 (i) the name of the executive board;
2965 (ii) a description of the executive board's official function and purpose;
2966 (iii) a description of the actual work performed by the executive board since the last
2967 report the executive board submitted to the administrator under this Subsection (5);
2968 (iv) a description of actions taken by the executive board since the last report the
2969 executive board submitted to the administrator under this Subsection (5);
2970 (v) recommendations on whether any statutory, rule, or other changes are needed to
2971 make the executive board more effective; and
2972 (vi) an indication of whether the executive board should continue to exist.
2973 (b) The administrator shall compile and post the reports described in Subsection (5)(a)
2974 to the governor's website before September 1 of each year.
2975 (c) An executive board is not required to submit a report under this Subsection (5) if
2976 the executive board:
2977 (i) is also a legislative board under Section 36-12-22; and
2978 (ii) submits a report under Section 36-12-22.
2979 [
2980 prepare, publish, and distribute an annual report by [
2981 includes[
2982 (i) as of August 1 of that year:
2983 [
2984 [
2985 and division of state government under whose jurisdiction the executive board operates or with
2986 which the executive board is affiliated, if any;
2987 [
2988 executive boards under the jurisdiction of or affiliated with that officer, department, and
2989 division;
2990 [
2991 [
2992 are approved by the Senate;
2993 [
2994 total number of policy boards and the total number of advisory boards; and
2995 [
2996 boards[
2997 (ii) a summary of the reports submitted to the administrator under Subsection (5),
2998 including:
2999 (A) a list of each executive board that submitted a report under Subsection (5);
3000 (B) a list of each executive board that did not submit a report under Subsection (5);
3001 (C) an indication of any recommendations made under Subsection (5)(a)(v); and
3002 (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the
3003 executive board should no longer exist.
3004 (b) The [
3005 copies of the report described in Subsection (6)(a) to:
3006 (i) the governor;
3007 (ii) the president of the Senate;
3008 (iii) the speaker of the House;
3009 (iv) the Office of Legislative Research and General Counsel; [
3010 (v) the Government Operations Interim Committee; and
3011 [
3012 (c) Each year, the Government Operations Interim Committee shall prepare legislation
3013 making any changes the committee determines are suitable with respect to the report the
3014 committee receives under Subsection (6)(b), including:
3015 (i) repealing an executive board that is no longer functional or necessary; and
3016 (ii) making appropriate changes to make an executive board more effective.
3017 Section 84. Section 67-5b-102 is amended to read:
3018 67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of
3019 center.
3020 (1) (a) There is established the Children's Justice Center Program to provide a
3021 comprehensive, multidisciplinary, intergovernmental response to child abuse victims in a
3022 facility known as a Children's Justice Center.
3023 (b) The attorney general shall administer the program.
3024 (c) The attorney general shall:
3025 (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103;
3026 (ii) administer applications for state and federal grants and subgrants;
3027 [
3028 (iii) maintain an advisory board that is associated with the program to comply with
3029 requirements of grants that are associated with the program ;
3030 (iv) assist in the development of new centers;
3031 (v) coordinate services between centers;
3032 (vi) contract with counties and other entities for the provision of services;
3033 (vii) (A) provide training, technical assistance, and evaluation to centers; and
3034 (B) ensure that any training described in Subsection (1)(c)(vii)(A) complies with Title
3035 63G, Chapter 22, State Training and Certification Requirements; and
3036 (viii) provide other services to comply with established minimum practice standards as
3037 required to maintain the state's and centers' eligibility for grants and subgrants.
3038 (2) (a) The attorney general shall establish Children's Justice Centers, satellite offices,
3039 or multidisciplinary teams in Beaver County, Box Elder County, Cache County, Carbon
3040 County, Davis County, Duchesne County, Emery County, Grand County, Iron County, Juab
3041 County, Kane County, Salt Lake County, San Juan County, Sanpete County, Sevier County,
3042 Summit County, Tooele County, Uintah County, Utah County, Wasatch County, Washington
3043 County, and Weber County.
3044 (b) The attorney general may establish other centers, satellites, or multidisciplinary
3045 teams within a county and in other counties of the state.
3046 (3) The attorney general and each center shall:
3047 (a) coordinate the activities of the public agencies involved in the investigation and
3048 prosecution of child abuse cases and the delivery of services to child abuse victims and child
3049 abuse victims' families;
3050 (b) provide a neutral, child-friendly program, where interviews are conducted and
3051 services are provided to facilitate the effective and appropriate disposition of child abuse cases
3052 in juvenile, civil, and criminal court proceedings;
3053 (c) facilitate a process for interviews of child abuse victims to be conducted in a
3054 professional and neutral manner;
3055 (d) obtain reliable and admissible information that can be used effectively in child
3056 abuse cases in the state;
3057 (e) maintain a multidisciplinary team that includes representatives of public agencies
3058 involved in the investigation and prosecution of child abuse cases and in the delivery of
3059 services to child abuse victims and child abuse victims' families;
3060 (f) hold regularly scheduled case reviews with the multidisciplinary team;
3061 (g) coordinate and track:
3062 (i) investigation of the alleged offense; and
3063 (ii) preparation of prosecution;
3064 (h) maintain a working protocol that addresses the center's procedures for conducting
3065 forensic interviews and case reviews, and for ensuring a child abuse victim's access to medical
3066 and mental health services;
3067 (i) maintain a system to track the status of cases and the provision of services to child
3068 abuse victims and child abuse victims' families;
3069 (j) provide training for professionals involved in the investigation and prosecution of
3070 child abuse cases and in the provision of related treatment and services;
3071 (k) enhance community understanding of child abuse cases; and
3072 (l) provide as many services as possible that are required for the thorough and effective
3073 investigation of child abuse cases.
3074 (4) To assist a center in fulfilling the requirements and statewide purposes as provided
3075 in Subsection (3), each center may obtain access to any relevant juvenile court legal records
3076 and adult court legal records, unless sealed by the court.
3077 Section 85. Section 67-5b-105 is amended to read:
3078 67-5b-105. Local advisory boards -- Membership.
3079 (1) The cooperating public agencies and other persons shall make up each center's local
3080 advisory board, which shall be composed of the following people from the county or area:
3081 (a) the local center director or the director's designee;
3082 (b) a district attorney or county attorney having criminal jurisdiction or any designee;
3083 (c) a representative of the attorney general's office, designated by the attorney general;
3084 (d) at least one official from a local law enforcement agency or the local law
3085 enforcement agency's designee;
3086 (e) the county executive or the county executive's designee;
3087 (f) a licensed nurse practitioner or physician;
3088 (g) a licensed mental health professional;
3089 (h) a criminal defense attorney;
3090 (i) at least four members of the community at large [
3091
3092
3093 (j) a guardian ad litem or representative of the Office of Guardian Ad Litem,
3094 designated by the director;
3095 (k) a representative of the Division of Child and Family Services within the
3096 Department of Human Services, designated by the employee of the division who has
3097 supervisory responsibility for the county served by the center;
3098 (l) if a center serves more than one county, one representative from each county served,
3099 appointed by the county executive; and
3100 (m) additional members appointed as needed by the county executive.
3101 (2) The members on each local advisory board who serve due to public office as
3102 provided in Subsections (1)(b) through (e) shall select the remaining members. The members
3103 on each local advisory board shall select a chair of the local advisory board.
3104 (3) The local advisory board may not supersede the authority of the contracting county
3105 as designated in Section 67-5b-104.
3106 (4) Appointees and designees shall serve a term or terms as designated in the bylaws of
3107 the local advisory board.
3108 Section 86. Section 72-4-302 is amended to read:
3109 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
3110 Meetings -- Expenses.
3111 (1) There is created the Utah State Scenic Byway Committee.
3112 (2) (a) The committee shall consist of the following [
3113 (i) a representative from each of the following entities appointed by the governor:
3114 (A) the Governor's Office of Economic Development;
3115 (B) the Utah Department of Transportation;
3116 (C) the Department of Heritage and Arts;
3117 (D) the Division of Parks and Recreation;
3118 (E) the Federal Highway Administration;
3119 (F) the National Park Service;
3120 (G) the National Forest Service; and
3121 (H) the Bureau of Land Management;
3122 (ii) one local government tourism representative appointed by the governor;
3123 (iii) a representative from the private business sector appointed by the governor; and
3124 (iv) three local elected officials from a county, city, or town within the state appointed
3125 by the governor[
3126 [
3127
3128 [
3129 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
3130 (2) shall be appointed for a four-year term of office.
3131 (c) The governor shall, at the time of appointment or reappointment for appointments
3132 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
3133 terms of committee members are staggered so that approximately half of the committee is
3134 appointed every two years.
3135 [
3136
3137 [
3138
3139 [
3140
3141
3142 [
3143
3144
3145 (3) (a) The representative from the Governor's Office of Economic Development shall
3146 chair the committee.
3147 (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
3148 nonvoting, ex officio members of the committee.
3149 (4) The Governor's Office of Economic Development and the department shall provide
3150 staff support to the committee.
3151 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
3152 department.
3153 (b) A majority of the voting members of the committee constitute a quorum.
3154 (c) Action by a majority vote of a quorum of the committee constitutes action by the
3155 committee.
3156 (6) [
3157 for the member's service, but may receive per diem and travel expenses as allowed in:
3158 [
3159 [
3160 [
3161 63A-3-107.
3162 [
3163
3164 Section 87. Section 73-10g-105 is amended to read:
3165 73-10g-105. Loans -- Rulemaking.
3166 (1) (a) The division and the board shall make rules, in accordance with Title 63G,
3167 Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available
3168 funds to repair, replace, or improve underfunded federal water infrastructure projects.
3169 (b) Subject to Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell
3170 Pipeline Development Act, the division and the board shall make rules, in accordance with
3171 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from
3172 available funds to develop the state's undeveloped share of the Bear and Colorado rivers.
3173 (2) The rules described in Subsection (1) shall:
3174 (a) specify the amount of money that may be loaned;
3175 (b) specify the criteria the division and the board shall consider in prioritizing and
3176 awarding loans;
3177 (c) specify the minimum qualifications for an individual who, or entity that, receives a
3178 loan, including the amount of cost-sharing to be the responsibility of the individual or entity
3179 applying for a loan;
3180 (d) specify the terms of the loan, including the terms of repayment; and
3181 (e) require all applicants for a loan to apply on forms provided by the division and in a
3182 manner required by the division.
3183 (3) The division and the board shall, in making the rules described in Subsection (1)
3184 and in consultation with the State Water Development Commission created in Section
3185 73-27-102:
3186 (a) establish criteria for better water data and data reporting;
3187 (b) establish new conservation targets based on the data described in Subsection (3)(a);
3188 (c) institute a process for the independent verification of the data described in
3189 Subsection (3)(a);
3190 (d) establish a plan for an independent review of:
3191 (i) the proposed construction plan for an applicant's qualifying water infrastructure
3192 project; and
3193 (ii) the applicant's plan to repay the loan for the construction of the proposed water
3194 infrastructure project;
3195 (e) invite and recommend public involvement; and
3196 (f) set appropriate financing and repayment terms.
3197 [
3198
3199
3200
3201 [
3202 (4) The division and the board shall provide regular updates to the Legislative
3203 Management Committee on the progress made under this section, including whether the
3204 division and board intend to issue a request for proposals.
3205 Section 88. Section 78A-2-501 is amended to read:
3206 78A-2-501. Definitions -- Online Court Assistance Program -- Purpose of
3207 program -- Online Court Assistance Account -- User's fee.
3208 (1) As used in this part:
3209 (a) "Account" means the Online Court Assistance Account created in this section.
3210 [
3211
3212 [
3213 (2) There is created the "Online Court Assistance Program" administered by the
3214 Administrative Office of the Courts to provide the public with information about civil
3215 procedures and to assist the public in preparing and filing civil pleadings and other papers in:
3216 (a) uncontested divorces;
3217 (b) enforcement of orders in the divorce decree;
3218 (c) landlord and tenant actions;
3219 (d) guardianship actions; and
3220 (e) other types of proceedings approved by the board.
3221 (3) The purpose of the program shall be to:
3222 (a) minimize the costs of civil litigation;
3223 (b) improve access to the courts; and
3224 (c) provide for informed use of the courts and the law by pro se litigants.
3225 (4) (a) An additional $20 shall be added to the filing fee established by Sections
3226 78A-2-301 and 78A-2-301.5 if a person files a complaint, petition, answer, or response
3227 prepared through the program. There shall be no fee for using the program or for papers filed
3228 subsequent to the initial pleading.
3229 (b) There is created within the General Fund a restricted account known as the Online
3230 Court Assistance Account. The fees collected under this Subsection (4) shall be deposited in
3231 the restricted account and appropriated by the Legislature to the Administrative Office of the
3232 Courts to develop, operate, and maintain the program and to support the use of the program
3233 through education of the public.
3234 (5) The Administrative Office of the Courts shall provide on the front page of the
3235 program website a listing of all forms and proceedings available to all pro se litigants within
3236 the program.
3237 Section 89. Repealer.
3238 This bill repeals:
3239 Section 10-1-119, Inventory of competitive activities.
3240 Section 11-13-224, Utah interlocal entity for alternative fuel vehicles and facilities.
3241 Section 17-50-107, Inventory of competitive activities.
3242 Section 36-20-1, Definitions.
3243 Section 36-20-2, Judicial Rules Review Committee.
3244 Section 36-20-3, Submission of court rules or proposals for court rules.
3245 Section 36-20-4, Review of rules -- Criteria.
3246 Section 36-20-5, Committee review -- Fiscal analyst -- Powers of committee.
3247 Section 36-20-6, Findings -- Report -- Distribution of copies.
3248 Section 36-20-7, Court rules or proposals for court rules -- Publication in bulletin.
3249 Section 36-20-8, Duties of staff.
3250 Section 36-30-101, Title.
3251 Section 36-30-102, Definitions.
3252 Section 36-30-201, Economic Development Legislative Liaison Committee --
3253 Creation -- Membership -- Chairs -- Per diem and expenses.
3254 Section 36-30-202, Duties -- Confidential information -- Records.
3255 Section 36-30-203, Staff support.
3256 Section 53E-3-920, Creation of State Council on Military Children.
3257 Section 53E-10-401, Definitions.
3258 Section 53E-10-402, American Indian-Alaskan Native Public Education Liaison.
3259 Section 53E-10-403, Commission created.
3260 Section 53E-10-404, Duties of the commission.
3261 Section 53E-10-405, Adoption of state plan.
3262 Section 53E-10-406, Changes to state plan.
3263 Section 53E-10-407, Pilot program.
3264 Section 59-1-901, Creation -- Members -- Terms.
3265 Section 59-1-902, Organization -- Vacancies.
3266 Section 59-1-903, Duties.
3267 Section 59-1-904, Public hearings.
3268 Section 59-1-905, Per diem and travel expenses.
3269 Section 59-1-907, Staff.
3270 Section 59-1-908, Reports.
3271 Section 63C-4b-101, Title.
3272 Section 63C-4b-102, Definitions.
3273 Section 63C-4b-103, Commission for the Stewardship of Public Lands -- Creation
3274 -- Membership -- Interim rules followed -- Compensation -- Staff.
3275 Section 63C-4b-107, Repeal of commission.
3276 Section 63C-14-101, Title.
3277 Section 63C-14-102, Definitions.
3278 Section 63C-14-201, Creation of Federal Funds Commission -- Membership --
3279 Chairs.
3280 Section 63C-14-202, Terms of commission members -- Removal -- Vacancies --
3281 Salaries and expenses.
3282 Section 63C-14-302, Commission meetings -- Quorum -- Bylaws -- Staff support.
3283 Section 63C-16-101, Title.
3284 Section 63C-16-102, Definitions.
3285 Section 63C-16-201, Commission created -- Membership -- Cochairs -- Removal --
3286 Vacancy.
3287 Section 63C-16-202, Quorum and voting requirements -- Bylaws -- Per diem and
3288 expenses -- Staff.
3289 Section 63C-16-203, Commission duties and responsibilities.
3290 Section 63C-16-204, Other agencies' cooperation and actions.
3291 Section 63F-1-202, Technology Advisory Board -- Membership -- Duties.
3292 Section 63I-4a-101, Title.
3293 Section 63I-4a-102, Definitions.
3294 Section 63I-4a-201, Title.
3295 Section 63I-4a-202, Free Market Protection and Privatization Board -- Created --
3296 Membership -- Operations -- Expenses.
3297 Section 63I-4a-203, Free Market Protection and Privatization Board -- Duties.
3298 Section 63I-4a-204, Staff support -- Assistance to an agency or local entity.
3299 Section 63I-4a-205, Board accounting method.
3300 Section 63I-4a-301, Title.
3301 Section 63I-4a-302, Board to create inventory.
3302 Section 63I-4a-303, Governor to require review of commercial activities.
3303 Section 63I-4a-304, Duties of the Governor's Office of Management and Budget.
3304 Section 63I-4a-401, Title.
3305 Section 63I-4a-402, Government immunity.
3306 Section 67-1a-10, Commission on Civic and Character Education -- Membership --
3307 Chair -- Expenses.
3308 Section 67-1a-11, Commission on Civic and Character Education -- Duties and
3309 responsibilities.
3310 Section 67-5b-106, Advisory Board on Children's Justice -- Membership -- Terms
3311 -- Duties -- Authority.
3312 Section 72-9-606, Towing Advisory Board created -- Appointment -- Terms --
3313 Meetings -- Per diem and expenses -- Duties.
3314 Section 78A-2-502, Creation of policy board -- Membership -- Terms -- Chair --
3315 Quorum -- Expenses.
3316 Section 90. Effective date.
3317 This bill takes effect May 14, 2019, except that the amendments to Section 63N-12-505
3318 take effect July 1, 2020.
3319 Section 91. Coordinating H.B. 387 with H.B. 140 -- Substantive amendments.
3320 If this H.B. 387 and H.B. 140, Civic and Character Education Reports Amendments,
3321 both pass and become law, it is the intent of the Legislature that the Office of Legislative
3322 Research and General Counsel shall prepare the Utah Code database for publication by
3323 amending Subsection 53G-10-204(7) to read:
3324 "(7) Each year, the [
3325 Interim Committee[
3326 being achieved, to instruct and prepare students to become informed and responsible citizens
3327 through an integrated curriculum taught in connection with regular school work as required in
3328 this section.".
3329 Section 92. Coordinating H.B. 387 with H.B. 373 -- Substantive amendments.
3330 If this H.B. 387 and H.B. 373, Student Support Amendments, both pass and become
3331 law, it is the intent of the Legislature that the Office of Legislative Research and General
3332 Counsel shall prepare the Utah Code database for publication by:
3333 (1) amending Subsection 63I-1-253(10) in this bill to read:
3334 "(10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
3335 (a) Subsection 53B-17-1201(1) is repealed;
3336 (b) Section 53B-17-1203 is repealed;
3337 (c) Subsection 53B-17-1204(2) is repealed;
3338 (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
3339 method described in Subsection (4)(c)" is repealed; and
3340 (e) Subsection 53B-17-1204(4)(c) is repealed."; and
3341 (2) amending Subsection 63I-1-262(5) in this bill to read:
3342 "(5) Subsections 62A-15-116(1) and (4), the language that states "In consultation with
3343 the SafeUT and School Safety Commission, established in Section 53B-17-1203," is repealed
3344 January 1, 2023.".
3345 Section 93. Coordinating H.B. 387 with H.B. 461 -- Substantive and technical
3346 amendments -- Omitting substantive changes.
3347 If this H.B. 387 and H.B. 461, Pediatric Neuro-Rehabilitation Fund, both pass and
3348 become law, it is the intent of the Legislature that the Office of Legislative Research and
3349 General Counsel shall prepare the Utah Code database as follows:
3350 (1) amend Subsection 63I-1-226(10) in this bill to read:
3351 "(10) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
3352 Pediatric Neuro-Rehabilitation Fund is repealed January 1, 2023."; and
3353 (2) not make the changes in H.B. 461 to Section 63I-2-226.
3354 Section 94. Coordinating H.B. 387 with S.B. 172 -- Technical amendments --
3355 Changing technical cross references.
3356 If this H.B. 387 and S.B. 172, Economic Development Amendments, both pass and
3357 become law, it is the intent of the Legislature that the Office of Legislative Research and
3358 General Counsel, in preparing the Utah Code database for publication:
3359 (1) change the references in Subsection 63I-1-263(30) of this bill from Section
3360 63N-10-201 to Section 53-19-201; and
3361 (2) amend Subsection 63I-1-263(31) of this bill to read as follows:
3362 "(30) In relation to the Talent Ready Utah Board, on January 1, 2023:
3363 (a) Subsection 9-20-102(16) is repealed;
3364 (b) in Subsection 9-20-115(2), the language that states "Talent Ready Utah," is
3365 repealed; and
3366 (c) in Subsection 9-20-115(5), the language that states "representatives of Talent Ready
3367 Utah," is repealed.".
3368 Section 95. Coordinating H.B. 387 with S.B. 219 -- Changing terminology.
3369 If this H.B. 387 and S.B. 219, Crisis Response Amendments, both pass and become
3370 law, it is the intent of the Legislature that the Office of Legislative Research and General
3371 Counsel, in preparing the Utah Code database for publication, change the terminology in
3372 Sections 63I-1-226, 63I-1-262, and 63I-2-263 from "Mental Health Crisis Line Commission" to
3373 "Mental Health Crisis Response Commission."