H.B. 228 Enrolled

REVISOR'S STATUTE
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: John W. Hickman
Greg J. Curtis
Jeff Alexander
Raymond W. Short
David Ure
Steve Barth
Neal B. Hendrickson

AN ACT RELATING TO STATE AFFAIRS; MAKING TECHNICAL AMENDMENTS;
PROVIDING RETROSPECTIVE OPERATION FOR ONE SECTION; AND
PROVIDING EFFECTIVE DATES FOR THE REMAINING PROVISIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-2-9, as enacted by Chapter 2, Laws of Utah 1979
4-14-2, as last amended by Chapter 4, Laws of Utah 1993
4-18-6, as last amended by Chapter 6, Laws of Utah 1983
4-25-4, as last amended by Chapter 7, Laws of Utah 1983
9-2-706, as last amended by Chapter 78, Laws of Utah 1993
9-3-308, as last amended by Chapter 78, Laws of Utah 1993
9-3-410, as enacted by Chapter 309, Laws of Utah 1993
9-7-301, as last amended by Chapter 243, Laws of Utah 1996
9-7-403, as last amended by Chapter 78, Laws of Utah 1993
9-8-302, as last amended by Chapter 170, Laws of Utah 1995
10-3-818, as enacted by Chapter 48, Laws of Utah 1977
10-3-1203, as last amended by Chapter 79, Laws of Utah 1996
10-15-3, as enacted by Chapter 2, Laws of Utah 1966, Second Special Session
11-14-27, as last amended by Chapter 30, Laws of Utah 1992
11-21-1, as enacted by Chapter 16, Laws of Utah 1973
13-1a-6, as last amended by Chapter 259, Laws of Utah 1991
13-2-3, as last amended by Chapter 196, Laws of Utah 1996
13-5-12, Utah Code Annotated 1953

13-7-4, as last amended by Chapter 18, Laws of Utah 1973
16-6-76, as enacted by Chapter 17, Laws of Utah 1963
16-6-108, as last amended by Chapter 143, Laws of Utah 1996
17A-2-526, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-719, as last amended by Chapter 227, Laws of Utah 1993
17A-2-819, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1232, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1404, as last amended by Chapter 135, Laws of Utah 1991
20A-2-204, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-14-102, as enacted by Chapter 1, Laws of Utah 1995
21-1-5, as last amended by Chapters 79 and 198, Laws of Utah 1996
26-4-4, as enacted by Chapter 126, Laws of Utah 1981
26-32a-105, as last amended by Chapter 213, Laws of Utah 1995
27-17-301, as enacted by Chapter 170, Laws of Utah 1996
27-17-403, as renumbered and amended by Chapter 170, Laws of Utah 1996
30-6-4, as last amended by Chapter 244, Laws of Utah 1996
30-6-4.2, as last amended by Chapter 244, Laws of Utah 1996
31A-3-103, as enacted by Chapter 242, Laws of Utah 1985
31A-6a-107, as enacted by Chapter 203, Laws of Utah 1992
31A-8-105.5, as enacted by Chapter 336, Laws of Utah 1995
31A-9-106, as enacted by Chapter 242, Laws of Utah 1985
31A-11-104, as enacted by Chapter 242, Laws of Utah 1985
31A-11-112, as last amended by Chapter 198, Laws of Utah 1996
31A-22-1301, as last amended by Chapter 234, Laws of Utah 1993
31A-22-1302, as enacted by Chapter 242, Laws of Utah 1985
31A-23-205, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
31A-28-107, as last amended by Chapter 243, Laws of Utah 1996
31A-28-206, as last amended by Chapter 243, Laws of Utah 1996

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31A-30-110, as enacted by Chapter 321, Laws of Utah 1995
31A-34-104 (Repealed 07/01/99), as enacted by Chapter 143, Laws of Utah 1996
34-19-2, as enacted by Chapter 85, Laws of Utah 1969
34-41-104, as last amended by Chapter 197, Laws of Utah 1996
35A-1-201 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
35A-3-107 (Effective 07/01/97), as renumbered and amended by Chapter 240 and as last
amended by Chapter 243, Laws of Utah 1996
35A-3-308 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
1996
35A-4-104 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
1996
35A-6-202 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
1996
36-1-3, as last amended by Chapter 147, Laws of Utah 1994
36-1-5, as last amended by Chapter 147, Laws of Utah 1994
38-11-202, as last amended by Chapters 28 and 172, Laws of Utah 1995
39-2-1, as last amended by Chapter 243, Laws of Utah 1996
41-1a-215, as renumbered and amended by Chapter 1 and last amended by Chapter 218,
Laws of Utah 1992
41-6-44.10, as last amended by Chapter 71, Laws of Utah 1996
41-12a-803, as enacted by Chapter 59, Laws of Utah 1994
41-12a-805, as enacted by Chapter 59, Laws of Utah 1994
48-2b-102, as last amended by Chapters 176, 232 and 247, Laws of Utah 1996
49-2-402, as last amended by Chapter 231, Laws of Utah 1996
51-4-2, as last amended by Chapter 198, Laws of Utah 1996
53-5-703, as last amended by Chapter 243, Laws of Utah 1996
53-9-110, as enacted by Chapter 314, Laws of Utah 1995
53A-1a-303.5, as enacted by Chapter 65, Laws of Utah 1996

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53A-20-102, as last amended by Chapter 142, Laws of Utah 1988
53A-20a-106, as enacted by Chapter 273, Laws of Utah 1993
53B-16-403, as enacted by Chapter 73, Laws of Utah 1996
54-8c-6, as enacted by Chapter 250, Laws of Utah 1988
55-5-7, as last amended by Chapter 37, Laws of Utah 1996
55-15-34, as enacted by Chapter 126, Laws of Utah 1961
58-1-201, as last amended by Chapter 243, Laws of Utah 1996
58-3a-502, as enacted by Chapter 260, Laws of Utah 1996
58-5a-201, as last amended by Chapter 232, Laws of Utah 1996
58-20a-102, as enacted by Chapter 95, Laws of Utah 1995
58-22-503, as last amended by Chapter 259, Laws of Utah 1996
58-26-4, as last amended by Chapter 313, Laws of Utah 1994
58-31-2, as last amended by Chapter 297, Laws of Utah 1993
58-31-5, as last amended by Chapter 297, Laws of Utah 1993
58-31-19, as enacted by Chapter 82, Laws of Utah 1992
58-44a-102, as enacted by Chapter 187, Laws of Utah 1994
58-47b-304, as enacted by Chapter 76, Laws of Utah 1996
58-55-503, as last amended by Chapter 167, Laws of Utah 1995
58-60-114, as enacted by Chapter 32, Laws of Utah 1994
58-61-307, as last amended by Chapter 184, Laws of Utah 1996
58-67-102, as enacted by Chapter 248, Laws of Utah 1996
58-67-201, as enacted by Chapter 248, Laws of Utah 1996
58-68-102, as enacted by Chapter 248, Laws of Utah 1996
58-69-201, as enacted by Chapter 116, Laws of Utah 1996
58-69-305, as enacted by Chapter 116, Laws of Utah 1996
58-71-102, as enacted by Chapter 282, Laws of Utah 1996
58-71-201, as enacted by Chapter 282, Laws of Utah 1996
59-2-405, as last amended by Chapters 247 and 339, Laws of Utah 1995

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59-7-605, as last amended by Chapter 257, Laws of Utah 1996
59-10-530.5, as enacted by Chapter 123, Laws of Utah 1988
62A-3-107, as last amended by Chapter 181, Laws of Utah 1990
62A-3-304, as last amended by Chapter 130, Laws of Utah 1996
62A-4a-606, as renumbered and amended by Chapter 260, Laws of Utah 1994
62A-8-204, as last amended by Chapter 26, Laws of Utah 1991
62A-12-282.1, as enacted by Chapter 234, Laws of Utah 1996
62A-12-289, as enacted by Chapter 234, Laws of Utah 1996
63-11-60.4, as last amended by Chapter 243, Laws of Utah 1996
63-11a-402, as last amended by Chapter 243, Laws of Utah 1996
63-46a-7, as last amended by Chapter 60, Laws of Utah 1996
63-55-209, as last amended by Chapters 25 and 236, Laws of Utah 1996
63-55-220, as last amended by Chapter 24, Laws of Utah 1995
63-55-235 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
63-55-258, as last amended by Chapters 25, 76, 96, 116, 232, 247, 248, 253 and 282, Laws
of Utah 1996
63-83-5, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
63-84-5, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
63-85-5, as enacted by Chapter 304, Laws of Utah 1992
63-86-5, as enacted by Chapter 304, Laws of Utah 1992
63A-10-106, as enacted by Chapter 186, Laws of Utah 1996
63C-3-103, as last amended by Chapter 243, Laws of Utah 1996
64-13-16 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
65A-7-5, as last amended by Chapter 294, Laws of Utah 1994
65A-8-6.2, as enacted by Chapter 331, Laws of Utah 1996
67-5c-103, as enacted by Chapter 166, Laws of Utah 1995
67-19-12, as last amended by Chapters 192 and 283, Laws of Utah 1996
70A-2-103, as enacted by Chapter 154, Laws of Utah 1965

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73-10-1, Utah Code Annotated 1953
73-10g-8, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
73-10h-8, as enacted by Chapter 304, Laws of Utah 1992
76-5-106.5, as last amended by Chapter 151, Laws of Utah 1996
76-5-504, as enacted by Chapter 40, Laws of Utah 1993
76-6-512, as enacted by Chapter 196, Laws of Utah 1973
76-10-306, as repealed and reenacted by Chapter 75, Laws of Utah 1993
76-10-505.5, as last amended by Chapter 234, Laws of Utah 1993
77-7-23, as last amended by Chapter 198, Laws of Utah 1996
77-23a-8, as last amended by Chapter 17, Laws of Utah 1996
77-27-10.5, as enacted by Chapter 210, Laws of Utah 1996
77-36-2.4, as last amended by Chapter 244, Laws of Utah 1996
77-38-5, as last amended by Chapter 352, Laws of Utah 1995
78-3-12.5, as last amended by Chapter 198, Laws of Utah 1996
78-3-21, as last amended by Chapter 254, Laws of Utah 1996
78-3-24, as last amended by Chapter 198, Laws of Utah 1996
78-3a-803, as enacted by Chapter 1 and last amended by Chapter 198, Laws of Utah 1996
78-5-134, as last amended by Chapter 254, Laws of Utah 1996
78-7-30, as last amended by Chapter 120, Laws of Utah 1996
78-27-60, as enacted by Chapter 103, Laws of Utah 1992
78-29-102, as enacted by Chapter 107, Laws of Utah 1995
78-30-7, as last amended by Chapter 245, Laws of Utah 1990
78-30-15.1, as enacted by Chapter 245, Laws of Utah 1990
RENUMBERS AND AMENDS:
53A-11-901.5, (Renumbered from 53A-11-12, as enacted by Chapter 8, Laws of Utah 1996)
REPEALS:
9-2-1101 (Renumbered 07/01/97), as renumbered and amended by Chapter 241, Laws of
Utah 1992

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26-33-9, as last amended by Chapter 136, Laws of Utah 1983
31A-8-109, as enacted by Chapter 204, Laws of Utah 1986
31A-11-113, as enacted by Chapter 242, Laws of Utah 1985
55-3-27, Utah Code Annotated 1953
58-12-39, as last amended by Chapter 248, Laws of Utah 1996
59-17a-108, as last amended by Chapter 307, Laws of Utah 1990
62A-9-137, as enacted by Chapter 114, Laws of Utah 1992
63-56-18, as enacted by Chapter 75, Laws of Utah 1980
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-2-9 is amended to read:
4-2-9. Appointment.
The state chemist shall be appointed by the commissioner, subject to the provisions of [the
State Merit System (Sections 67-13-2 through 67-13-15)] Subsection 67-19-15(2), and shall serve
in that position subject to its provisions.
Section 2. Section 4-14-2 is amended to read:
4-14-2. Definitions.
As used in this chapter:
(1) "Active ingredient" means any ingredient which prevents, destroys, repels, controls, or
mitigates pests, or which acts as a plant regulator, defoliant, or desiccant.
(2) "Adulterated pesticide" means any pesticide the strength or purity of which is below the
standard of quality expressed on the label under which it is offered for sale.
(3) "Animal" means all vertebrate or invertebrate species.
(4) "Beneficial insect" means any insect which is an effective pollinator of plants, or which
is a parasite or predator of pests, or is otherwise beneficial.
(5) "Defoliant" means any substance or mixture intended to cause leaves or foliage to drop
from a plant, with or without causing abscission.
(6) "Desiccant" means any substance or mixture intended to artificially accelerate the drying
of plant or animal tissue.

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(7) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, or receive and
(having so received) deliver or offer to deliver pesticides in this state.
(8) "Environment" means all living plants and animals, water, air, land, and the
interrelationships which exist between them.
(9) (a) "Equipment" means any type of ground, water, or aerial equipment or contrivance
using motorized, mechanical, or pressurized power to apply a pesticide.
(b) "Equipment" does not mean any pressurized hand-sized household apparatus used to
apply a pesticide or any equipment or contrivance used to apply a pesticide which is dependent
solely upon energy expelled by the person making the pesticide application.
(10) "EPA" means the United States Environmental Protection Agency.
(11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
(12) "Fungus" means any nonchlorophyll-bearing thallophyte (that is, any
nonchlorophyll-bearing plant of an order lower than mosses and liverworts), for example, rust, smut,
mildew, mold, yeast and bacteria, except those on or in living man or other animals, and except those
on or in processed food, beverages, or pharmaceuticals.
(13) "Insect" means any invertebrate animal generally having a more or less obviously
segmented body, for the most part belonging to the Class Insecta, comprising six-legged, usually
winged forms; for example, beetles, bugs, bees, flies, and allied classes of arthropods that are
wingless usually having more than six legs, as for example, spiders, mites, ticks, centipedes, and
wood lice.
(14) "Label" means any written, printed, or graphic matter on, or attached to, a pesticide or
a container or wrapper of a pesticide.
(15) "Labeling" means all labels and all other written, printed, or graphic matter:
(a) accompanying a pesticide or equipment; or
(b) to which reference is made on the label or in literature accompanying a pesticide or
equipment, except to current official publications of the EPA, the United States Departments of
Agriculture or Interior, the Department of Health, Education, and Welfare, state experimental
stations, state agricultural colleges, and other federal or state institutions or agencies authorized by

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law to conduct research in the field of pesticides.
(16) "Land" means all land, water, air, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile, including any
used for transportation.
(17) "Misbranded" means any label or labeling which is false or misleading or which does
not strictly comport with the label and labeling requirements set forth in Section 4-14-4.
(18) "Misuse" means use of any pesticide in a manner inconsistent with its label or labeling.
(19) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and Class
Nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered
with cuticle, also known as nemas or eelworms.
(20) "Pest" means:
(a) any insect, rodent, nematode, fungus, weed; or
(b) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other
microorganism which is injurious to health or to the environment or which the commissioner
declares to be a pest; except, viruses, bacteria, or other microorganisms on or in living man or other
living animals, or protected wildlife species identified in Section 23-13-2 which are regulated by the
Division of Wildlife Resources in accordance with Sections 23-14-1 through [23-14-4] 23-14-3.
(21) "Pesticide" means any:
(a) substance or mixture of substances including a living organism which is intended to
prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus,
weed, or other form of plant or animal life that is normally considered to be a pest or that the
commissioner declares to be a pest;
(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant,
or desiccant;
(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive,
or emulsifying agent with deflocculating properties of its own used with a pesticide to aid its
application or effect; and
(d) any other substance designated by the commissioner by rule.

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(22) "Pesticide dealer" means any person who distributes restricted use pesticides.
(23) "Plant regulator" means any substance or mixture intended, through physiological
action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior
of ornamental or crop plants, but it does not mean plant nutrients, trace elements, nutritional
chemicals, plant inoculants, or soil amendments.
(24) "Restricted use pesticide" means any pesticide, including a highly toxic pesticide which
is a serious hazard to beneficial insects, animals, or land; or any pesticide or pesticide use restricted
by the administrator of EPA or by the commissioner.
(25) "Weed" means any plant which grows where not wanted.
(26) "Wildlife" means all living things that are neither human, domesticated, nor pests.
Section 3. Section 4-18-6 is amended to read:
4-18-6. Agriculture Resource Development Fund -- Source of funding.
There is hereby created a nonlapsing restricted fund account within the General Fund to be
known as the "Agriculture Resource Development Fund." The Agriculture Resource Development
Fund shall consist of all money appropriated to it by the Legislature, deposits made to the Mineral
Lease Account prescribed by Section [65-1-64.5] 59-21-2, and all money made available to the state
for agriculture resource development from any source together with interest that may be earned on
such account.
Section 4. Section 4-25-4 is amended to read:
4-25-4. Possession of estrays -- Determination and location of owner -- Sale --
Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
(1) Each county, except as otherwise provided in Section 4-25-5, shall take physical
possession of any estray it finds within its boundaries and attempt to determine the name and
location of the animal's owner. The department shall assist any county which requests its help in
locating the name and location of the owner or other person responsible for such animal. If
ownership of the estray cannot be determined, or, if having determined ownership, neither the county
nor the department is able to locate the owner within a reasonable period of time, the animal,
notwithstanding [the Uniform Disposition of] Title 67, Chapter 4a, Unclaimed Property Act, shall

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be sold at a livestock or other appropriate market and the proceeds of such sale paid, after the
deduction of feed, transportation, and market costs, to the county causing the sale of such estray.
(2) No sale of an estray under this section shall be conducted without notice of the intended
sale being published at least once ten days before the date of sale in a publication with general
circulation within the county where the estray was taken into custody.
(3) The purchaser of an estray sold under this section shall receive title to the estray free and
clear of all claims of the owner and any person claiming through the owner.
(4) The county, provided it complies with this chapter, is immune from liability on account
of any estray sold at a livestock or other appropriate market.
Section 5. Section 9-2-706 is amended to read:
9-2-706. Exemption from certain statutes.
The corporation is exempt from:
(1) Title 51, Chapter 5, Funds Consolidation Act;
(2) Title 51, Chapter 7, State Money Management Act [of 1974];
[(4)] (3) Title 63, Chapter 38, Budgetary Procedures Act[.]; and
[(3)] (4) Title [63] 63A, Chapter 1, Utah Administrative Services [Act; and] Code.
Section 6. Section 9-3-308 is amended to read:
9-3-308. Relation to certain acts.
(1) The authority is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
[(c)] (b) Title 63, Chapter 38, Budgetary Procedures Act;
[(d)] (c) Title 63, Chapter 56, Utah Procurement Code; [and]
[(b)] (d) Title [63] 63A, Chapter 1, Utah Administrative Services [Act] Code; and
(e) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The authority shall be subject to audit by the state auditor pursuant to Title 67, Chapter
3, and by the legislative auditor general pursuant to Section [36-12-5] 36-12-15.
Section 7. Section 9-3-410 is amended to read:
9-3-410. Relation to certain acts.

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(1) The authority is exempt from:
[(c)] (a) Title 51, Chapter 5, Funds Consolidation Act;
[(a)] (b) Title 63, Chapter 38, Budgetary Procedures Act;
[(d)] (c) Title 63, Chapter 56, Utah Procurement Code; [and]
[(b)] (d) Title [63] 63A, Chapter 1, Utah Administrative Services [Act] Code; and
(e) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The authority shall be subject to audit by the state auditor pursuant to Title 67, Chapter
3, and by the legislative auditor general pursuant to Section 36-12-15.
(3) The authority shall annually report to the Community and Economic Development
Interim Committee concerning the authority's implementation of this part.
Section 8. Section 9-7-301 is amended to read:
9-7-301. Board of control.
(1) There is created the board of control of the State Law Library consisting of the attorney
general, legislative general counsel, and the chief justice of the Supreme Court.
(2) [(a)] The members of the board may not receive salary, per diem, or expenses for their
service.
Section 9. Section 9-7-403 is amended to read:
9-7-403. Library board terms -- Officers -- Removal -- Vacancies.
(1) Each director shall be appointed for a three-year term, or until [their successors are] the
successor to that director is appointed. Initially, appointments shall be made for one-, two-, and
three-year terms. Annually thereafter, the city governing body shall, before the first day of July of
each year, appoint for a three-year term directors to take the place of the retiring directors.
(2) Directors shall serve not more than two consecutive full terms.
(3) The directors shall annually select a chairman and other officers.
(4) The city governing body may remove any director for misconduct or neglect of duty.
(5) Vacancies in the board of directors shall be filled for the unexpired term in the same
manner as original appointments.
Section 10. Section 9-8-302 is amended to read:

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9-8-302. Definitions.
As used in this part and Part 4:
(1) "Agency" means a department, division, office, bureau, board, commission, or other
administrative unit of the state.
(2) "Archaeological resources" means all material remains and their associations,
recoverable or discoverable through excavation or survey, that provide information pertaining to the
historic or prehistoric peoples of the state.
(3) "Collection" means a specimen and the associated records documenting the specimen
and its recovery.
(4) "Curation" means management and care of collections according to standard professional
museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying,
evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing,
conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions,
and providing access to and facilities for studying collections.
(5) "Curation facility" is defined as provided in Section 53B-17-603.
(6) "Excavate" means the recovery of archaeological resources.
(7) "Museum" means the Utah Museum of Natural History.
(8) "Repository" is defined as provided in Section 53B-17-603.
(9) "School and institutional land grants" means the transfer of properties pursuant to
Sections 6, 8, and 12 of the Utah Enabling Act and Article XX, Utah Constitution.
(10) "School and institutional trust lands" are those properties defined in Section 53C-1-103.
(11) "Section" means the State Antiquities Section.
(12) "Site" means any petroglyphs, pictographs, structural remains, location of
archaeological deposits, or other location which is the source of specimens.
(13) "Specimen" means all man-made artifacts and remains of an archaeological or
anthropological nature found on or below the surface of the earth, excluding structural remains.
(14) "State historic preservation officer" means that position mentioned in [Section 106] 16
U.S.C. Sec. 470a of the National Historic Preservation Act of 1966, as amended.

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(15) "Survey" means surface investigations of archaeological resources.
Section 11. Section 10-3-818 is amended to read:
10-3-818. Salaries in municipalities.
(1) The elective and statutory officers of municipalities shall receive such compensation for
their services as the governing body may fix by ordinance adopting compensation or compensation
schedules enacted after public hearing.
(2) Upon its own motion the governing body may review or consider the compensation of
any officer or officers of the municipality or a salary schedule applicable to any officer or officers
of the city for the purpose of determining whether or not it should be adopted, changed, or amended.
In the event that the governing body decides that the compensation or compensation schedules
should be adopted, changed, or amended, it shall set a time and place for a public hearing at which
all interested persons shall be given an opportunity to be heard.
(3) Notice of the time, place, and purpose of the meeting shall be published at least seven
days prior thereto by publication at least once in a newspaper published in the county within which
the municipality is situated and generally circulated in the municipality. If there is no such
newspaper then notice shall be given by posting [such] this notice in three public places in the
municipality.
(4) After the conclusion of the public hearing, the governing body may enact an ordinance
fixing, changing, or amending the compensation of any elective or appointive officer of the
municipality or adopting a compensation schedule applicable to any officer or officers.
(5) Any ordinance enacted before [this act] Chapter 48, Laws of Utah 1977, by a
municipality establishing a salary or compensation schedule for its elective or appointive officers
and any salary fixed [by Section 10-6-41] prior to [its repeal by this act] Chapter 48, Laws of Utah
1977, shall remain effective until the municipality has enacted an ordinance pursuant to the
provisions of this [act] chapter.
(6) The compensation of all municipal officers shall be paid at least monthly out of the
municipal treasury provided that municipalities having 1,000 or fewer population may by ordinance
provide for the payment of its statutory officers less frequently. None of the provisions of this [act]

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chapter shall be [deemed to limit or restrict] considered as limiting or restricting the authority to any
municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
Section 5, [Constitution of the State of Utah,] to determine the salaries of its elective and appointive
officers or employees.
Section 12. Section 10-3-1203 is amended to read:
10-3-1203. Election requirements and procedure for organization under optional form
of government.
Any municipality in the state, now incorporated, or area which may incorporate, may
organize under any form of municipal government provided for in this part. This organization shall
be by approval of a majority of registered voters of the municipality or area concerned voting in a
special election held for that purpose. The proposal may be entered on the ballot by resolution passed
by the governing body of the municipality or by initiative as provided for in Title 20A, Chapter 7,
Part 5, Local Initiatives - Procedures, or as provided for areas wishing to incorporate pursuant to
Section 10-2-101. The resolution or petition shall state the number, method of election, and initial
terms of council members and shall specify the boundaries of districts substantially equal in
population if some or all council members are to be chosen from these districts. The proposal shall
be voted upon at a special election to be held not more than twelve months after the resolution is
passed or after receipt of a valid initiative petition. The special election shall be held at least ninety
days before or after regular municipal elections. The ballot for the special election to adopt or reject
one of the forms of municipal government shall be in substantially the following form:
___________________________________________________________________________
Shall (name of municipality), Utah, adopt Yes
the (council-mayor) (council-manager) form of
municipal government? No
___________________________________________________________________________
Section 13. Section 10-15-3 is amended to read:
10-15-3. Definitions.
[The following terms, wherever used or referred to in this act, shall have the following

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meanings] As used in this chapter:
[(f)] (1) (a) "Intersection street" [shall mean] means any street which meets or crosses a
pedestrian mall at a mall intersection but includes only those portions thereof on either side of the
mall intersection which lie between the mall intersection and the first intersection of the intersecting
street with a public street or highway open to vehicular traffic. If any portion of a pedestrian mall
terminates on a street at a place thereon other than at a place of intersection with a public street or
highway open to vehicular traffic, such intersecting street shall also include that portion of any street
which lies between such place of termination and the first intersection of such street with the public
street or highway open to vehicular traffic.
(b) "Intersecting street" [shall] also [include] includes any other street or portion [thereof]
of a street which the legislative body declares to be such by resolution.
[(b)] (2) "Legislative body" [shall mean] means the legislative body of the municipality.
[(e)] (3) "Mall intersection" [shall mean] means any intersection of a street constituting a
part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall.
[(a)] (4) "Municipality" [shall include] includes every city or town within this state.
[(d)] (5) "Pedestrian mall" [shall mean] means one or more streets or portions thereof, on
which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used
exclusively or primarily for pedestrian travel.
[(c)] (6) "Street" [as used herein shall mean] means any public road, street, highway, alley,
lane, court, way, or place of any nature open to the use of the public, excluding state highways.
Section 14. Section 11-14-27 is amended to read:
11-14-27. Application of act.
Sections 11-14-2, 11-14-4, [11-14-5,] 11-14-6, 11-14-7, 11-14-8, 11-14-9, 11-14-12,
11-14-15, and 11-14-18 shall apply to all bond elections and to all bonds issued by any city, town,
county, school district, public transit district, improvement district under Title 17A, Chapter 2, Part
3, special service district operating under authority of the Utah Special Service District Act, water
conservancy district, metropolitan water district and, except as otherwise provided in Section
11-14-23, by any other taxing district or governmental entity whether or not the bonds are issued

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pursuant to authority granted by this act and, as to matters provided in Section 11-14-18, this act
shall apply to all bonds issued and outstanding [at the time this act takes effect] as of May 11, 1965,
as well as to bonds issued after [this act takes effect] that date.
Section 15. Section 11-21-1 is amended to read:
11-21-1. Cities and counties to require licensing of cycles by dealers -- "Cycle" defined.
(1) All county, city and town governments shall by ordinance or otherwise require all cycle
dealers operating within their jurisdiction:
(a) to license, or arrange to have licensed at the time of purchase all cycles sold by them;
(b) to keep records on all cycles sold and to furnish, within thirty days of sale, their
respective city or county police departments with the following information:
(i) name and address of the retailer;
(ii) year and make of the cycle;
(iii) general description of the cycle;
(iv) frame number; and
(v) name and address of the purchaser;
(c) to not sell any cycle which does not have a serial number on its frame. Where the cycle
has no serial or frame numbers the dealer shall be required to stamp or have stamped on the frame
the number of the license to be issued for that cycle, the year in which the license was issued or year
of expiration of license and the abbreviation for the city or county regulating the dealer.
(2) As used in this section, "cycle" means a device upon which any person may ride,
propelled by human power through a belt, chain or gears and having one or more wheels in tandem
or other arrangement. Cycles with wheels of at least twenty inches in diameter and frame size of at
least fourteen inches shall be subject [mandatory] to this section. Others may be licensed by owner
upon request.
Section 16. Section 13-1a-6 is amended to read:
13-1a-6. Powers of Division of Corporations and Commercial Code -- Document
retention.
(1) The Division of Corporations and Commercial Code shall have the power and authority

- 17 -

reasonably necessary to enable it to efficiently administer the laws and rules for which it is
responsible and to perform the duties imposed upon it by law.
(2) The division has authority under Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, to make rules and procedures for the processing, retention, and disposal of filed documents to
efficiently utilize electronic and computerized document image storage and retrieval.
(3) Notwithstanding the provisions of Section 63-2-905, original documents filed in the
division offices shall not be considered property of the state if electronic image reproductions thereof
which comply with the provisions of Title 63, Chapter [1] 2, are retained by the division.
Section 17. Section 13-2-3 is amended to read:
13-2-3. Employment of personnel -- Compensation of director.
(1) The director, with the approval of the executive director, may employ personnel necessary
to carry out the duties and responsibilities of the division at salaries established by the executive
director according to standards established by the Department of Administrative Services.
(2) The executive director shall establish the salary of the director according to standards
established by the Department of Administrative Services.
(3) The director may employ specialists, technical experts, or investigators to participate or
assist in investigations if they reasonably require expertise beyond that normally required for
division personnel.
(4) An investigator employed pursuant to Subsection (3) may be designated a special
function officer, as defined in Section 77-1a-4, by the [commissioner] director, but is not eligible for
retirement benefits under the Public Safety Employee's Retirement System.
Section 18. Section 13-5-12 is amended to read:
13-5-12. Sales exempt from act.
(1) The provisions of this [act] chapter shall not apply to any sale made:
(a) in closing out in good faith the owner's stock or any part thereof for the purpose of
discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal goods,
or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation;
provided, prior notice is given to the public thereof;

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(b) when the goods are damaged or deteriorated in quality, and prior notice is given to the
public thereof;
(c) by an officer acting under the orders of any court;
(d) in an endeavor made in good faith to meet the legal prices of a competitor as herein
defined selling the same article, product or commodity in the same locality or trade area[.];
(e) by manufacturers, producers, brokers or wholesale distributors meeting in good faith
prices established by interstate competition regardless of cost; provided, such prices are available
to all persons buying on like terms and conditions in the same locality and vicinity.
(2) Any person, who performs work upon, renovates, alters or improves any personal
property belonging to another person, except necessary repairs due to damage in transit, shall be
construed to be a vendor within the meaning of this [act] chapter.
Section 19. Section 13-7-4 is amended to read:
13-7-4. Business establishment, place of public accommodation, or enterprise
regulated by the state denying rights deemed public nuisance -- Investigation and conciliation
-- Action to enjoin -- Civil action for damages -- Expenses of defending action.
Any business establishment or place of public accommodation or enterprise regulated by the
state in which a violation of the rights provided in Section 13-7-3 of this [act] chapter occurs is a
public nuisance. The operator of any such business establishment or place of public accommodation
or enterprise regulated by the state [shall be deemed] is guilty of maintaining a public nuisance and
may be enjoined as hereinafter provided.
[(a)] (1) Upon application to the attorney general by any person denied the rights guaranteed
by Section 13-7-3, the attorney general shall investigate and seek to conciliate the matter.
[(b)] (2) An action to enjoin any nuisance defined in this section may be brought in the name
of the state of Utah by the attorney general. Upon the trial of the cause, on finding that the material
allegations of the complaint are true, the court shall order such nuisance to be abated, and enjoin all
persons from maintaining or permitting such nuisance. When any injunction as herein provided has
been granted it shall be binding upon the defendant and shall act as an injunction in personam
against the defendant throughout the state.

- 19 -

[(c)] (3) Any person who is denied the rights provided for in Section 13-7-3 shall have a civil
action for damages and any other remedy available in law or equity against any person who denies
him the rights provided for in Section 13-7-3 or who aids, incites or conspires to bring about such
denial.
[(d)] (4) Any business establishment or place of public accommodation or enterprises
regulated by the state charged with maintaining a public nuisance in violation of this [act] chapter,
which is determined or found not to be in violation of this [act] chapter, may be awarded all actual
and necessary expenses incurred in defending such action, as determined and approved by the court
having jurisdiction of the matter.
Section 20. Section 16-6-76 is amended to read:
16-6-76. Deposits with state treasurer.
Upon the voluntary or involuntary dissolution of a corporation, the portion of the assets
distributable to any person who is unknown or cannot be found, or who is under disability and there
is no person legally competent to receive such distributive portion, shall be reduced to cash and
deposited with the state treasurer to be held and disposed of by him in accordance with the
provisions of [the Uniform Disposition of] Title 67, Chapter 4a, Unclaimed Property Act.
Section 21. Section 16-6-108 is amended to read:
16-6-108. Incorporation of co-operative association.
(1) A co-operative association which is not subject to the insurance or credit union laws of
this state, a health insurance purchasing association as defined in Section [31A-33-3] 31A-34-103,
and a health insurance purchasing alliance licensed under Title 31A, Chapter [33] 34, Voluntary
Health Insurance Purchasing Alliance Act, may be incorporated under this chapter and may use the
word "co-operative" as a part of its corporate or business name if its articles of incorporation
provide:
(a) that no member shall have more than one vote regardless of the number or amount of
stock or membership capital owned by him unless voting is based in whole or in part on the volume
of patronage of the member with the co-operative association; and
(b) that savings in excess of dividends and additions to reserves and surplus shall be

- 20 -

distributed or allocated to members or patrons on the basis of patronage.
(2) Any [such] co-operative association incorporated in accordance with Subsection (1) shall
have all the rights and be subject to the limitations provided in Section 3-1-11, [Utah Code
Annotated 1953,] and may pay dividends on its stock, if it has stock, subject to the limitations of
such section. The articles of incorporation or the bylaws of any such co-operative association may
provide for the establishment and alteration of voting districts, the election of delegates to represent
such districts and the members thereof, the establishment and alteration of director districts and the
election of directors to represent such districts either by the members thereof or by delegates elected
by the members.
(3) A corporation organized under [the] Title 3, Chapter 1, Uniform Agricultural
Co-operative Association Act may convert itself into a co-operative association subject to this [act]
chapter by adopting appropriate amendments to its articles of incorporation by which it elects to
become subject to this [act] chapter, together with other changes in its articles required by this [act]
chapter and any other changes permitted by this [act] chapter. Such amendments shall be adopted
and filed in the manner provided by the law then applicable to the corporation.
[(2)] (4) Notwithstanding Subsection (1), a health insurance purchasing association may not
use the word "co-operative" or "alliance" but may use the word "association."
Section 22. Section 17A-2-526 is amended to read:
17A-2-526. Sale of lands sold for taxes.
At any time after any tax sale of unentered or unsold state lands has been made in the manner
and for the purpose herein mentioned for drainage taxes and the time for redemption from such sale
has expired and an auditor's tax deed has been issued for any such lands the holder of such tax deed
may apply to the state land commissioner or other proper officer of the state for the purchase of the
land embraced in said tax deed whereupon the state land commissioner or other proper officer of the
state shall offer said land for sale at public auction, after [notice] advertisement of the sale is given
as provided in Section [65A-7-4] 53C-4-102, subject to said drainage district taxes, penalties and
costs; provided however that after any such land shall remain unsold, the state land commissioner
or other proper officer of the state shall sell or contract to sell as provided by law, said land at private

- 21 -

sale to the holder of such tax deed at the minimum price at which such lands may be sold under the
laws of this state.
Section 23. Section 17A-2-719 is amended to read:
17A-2-719. Duty of county assessors -- Basis of valuation -- Uniformity -- Returns --
Apportionment in case of contracts with United States.
It shall be the duty of the county assessor of any county embracing the whole or a part of any
irrigation district to assess and enter upon his record as assessor in its appropriate column the
assessment of all real estate, to which water has been allotted, exclusive of improvements, situate,
lying and being within any irrigation district in whole or in part in such county. The assessor shall
assess the lands on the basis of the value per acre-foot of water allotted to the lands within the
district; provided, that the board of directors of any such irrigation district may divide the district
into units and fix a different value per acre-foot of water, or other units of measurement, to cover the
service, turnout, construction, distribution charges, or other charges, if any, in the respective units,
and in such case, the assessor shall assess the lands within each such unit upon the same basis of
value per acre-foot of water, or other units of measurement, to cover the service, turnout,
construction, distribution charges, or other charges, if any, within such unit; and the assessor shall
enter on his assessment roll the amount of special benefits assessed against each tract of land within
any local improvement district situate in the irrigation district as the same is shown on the equalized
benefit assessment roll of said improvement district. Immediately after said assessment shall have
been extended as provided by law, the assessor shall make returns of the total amount of such
assessment to the county legislative body of the county in which the office of said district is located.
In case of contract with the United States, however, under the federal laws, the assessment
of real estate within the district may be otherwise apportioned in the following manner:
(1) It may be provided by contract with the United States that assessments shall conform to
the requirements of the federal reclamation laws now enacted or which may hereafter be enacted.
(2) It may be provided by contract with the United States that water shall be furnished to the
district, or to part of the irrigable lands thereof, upon a temporary rental basis, whereupon lands of
the district for which rental charges for any given year are not required to be paid to the United

- 22 -

States by the district shall not be taxed for such purposes.
(3) District lands shall not be taxed for purposes of payment to the United States in any year
when, and to the extent, on account of exceptional difficulties of reclamation, the district shall be
exempted by contract with the United States from said payment to the United States for such lands.
(4) The lands of any irrigation district may be by contract with the United States, divided
into units and placed upon a basis of repayment to the United States in successive units, which shall
not necessarily be composed of contiguous lands, and in such event the lands of units not yet, in any
year, placed upon the repayment basis shall not during such year be subject to taxation for payment
of building costs.
(5) In case lands, which shall have been irrigated by means of ditches, canals and reservoirs
constructed prior to the organization of any district shall be included within such district under the
terms of Section 17A-2-701, equitable credit shall be given in the making of assessments for any
water and ditch rights appurtenant to such lands, such adjustment shall be made by the board of
directors of such irrigation district, which adjustment shall be equitably made so that the cost of the
additional rights, property, or benefits acquired by the district under contract from the United States
will be fairly and equitably apportioned between the lands having rights in such old ditches,
reservoirs or other works, and the lands of the district having no such rights, and due and equitable
allowance made to the lands to which any such rights may be appurtenant; provided, that before
making any such adjustment or allowance, the board of directors shall publish notice for a period
of at least three weeks in a newspaper published in the county in which the greater portion of the
irrigable lands of the district are located or if there be no such newspaper published in such county,
then in some newspaper of general circulation in that county, which notice shall state that a meeting
of the board will be held for the purpose of making such adjustment and allowance, and that all
parties interested therein who desire to be heard on the matter will be given an opportunity to appear
and present evidence, and such notice shall state the date, the day and hour that such meeting will
be held and the place of meeting, and at the date and place provided in the notice the board shall
proceed to hear such evidence, if any be presented, and to make such adjustment or allowance in the
manner herein prescribed. After such adjustment and allowance by the board of directors, the board

- 23 -

shall proceed in the manner prescribed in Sections 17A-2-749, 17A-2-750, 17A-2-751, 17A-2-752,
and 17A-2-753 to have such adjustment and allowance duly confirmed by decree of court in similar
manner to that provided in said sections with reference to confirmation of the bond issue, and the
court shall proceed in like manner as provided in said Sections 17A-2-749, 17A-2-750, 17A-2-751,
17A-2-752, and 17A-2-753 to examine into the regularity of said proceedings of the board and the
equity of the adjustment or allowance made by the board, and should the court find said proceedings
regular and said allowance or adjustment equitable, then the court shall file its findings and decree
confirming the said allowance and adjustment, but if the court shall find that such allowance and
adjustment is not equitable, then the court shall itself make an allowance and adjustment which shall
be just and equitable as between the various classes of lands in the district, and shall file a decree,
confirming such apportionment in like manner and with like effect as the findings and decree
provided for in said Section [73-7-53] 17A-2-753, provided, that in no case shall any land be taxed
for irrigation purposes under this part, which from any natural cause cannot be irrigated, or is
incapable of cultivation.
Section 24. Section 17A-2-819 is amended to read:
17A-2-819. Directors -- Representation -- Voting -- Organization and membership --
Terms.
(1) All powers, privileges and duties vested in or imposed upon any district incorporated
under this part shall be exercised and performed by and through a board of directors, all the members
of which shall serve without compensation for the terms of office as provided and who, in all events,
shall be designated and appointed by the legislative body or bodies, respectively, of a city or cities
the area of which is within a metropolitan water district. The exercise of any and all executive,
administrative, and ministerial powers may be by the board of directors delegated and redelegated
to any of the offices created by this part or by the board of directors acting under this part.
(2) If the district is organized to comprise the area of two or more cities, the board of
directors shall consist of at least one representative from each municipality, the area of which shall
lie within the metropolitan water district. As a member of the board of directors, each representative
may vote on all questions, orders, resolutions, and ordinances coming before the board, and may cast

- 24 -

one vote for each $10,000,000, or major fractional part of that amount, of the taxable value of
property taxable for district purposes in the city represented by the representative as shown by the
assessment records of the county and evidenced by the certificate of the county auditor. Each city
shall have at least one vote. In lieu of one representative any city may at its option designate and
appoint several representatives not exceeding one additional representative for each $1,000,000 of
taxable value, but the representative shall cast the vote to which the city would otherwise be entitled
as a unit and as a majority of such representatives present shall determine. The affirmative vote of
members representing more than 50% of the total number of votes of all the members shall be
necessary and, except as otherwise provided, shall be sufficient to carry any order, resolution, or
ordinance coming before the board of directors. For the purposes of this section, the term "major
fractional part" means a fractional part larger than one-half.
(3) If a district includes the area of only one municipality, the board of directors may consist
of either five or seven members, as determined by the legislative body of the municipality. Each
director may cast one vote on all matters coming before the board; on a board of five members, the
affirmative vote of three, and on a board of seven members, the affirmative vote of four, shall, except
as otherwise provided, be necessary and sufficient to carry any order, resolution, or ordinance
coming before the board.
(4) Members of the board of directors of any metropolitan water district who have been
appointed as provided shall convene at the time and place fixed by the presiding officer of the
municipality initiating the proceedings, and immediately upon convening, the board of directors shall
elect from its membership a chairman, a vice-chairman, and a secretary, who shall serve for a period
of two years, or until sooner recalled or resigning, or until a successor is elected and qualified.
(5) Every member of the board of directors of a metropolitan water district shall be a
registered voter, a property taxpayer, and a resident of the municipality by the legislative body of
which the member is appointed. In each municipality, the area of which is in a metropolitan water
district, except in districts occupying the area of more than one city, one of the directors appointed
by its legislative body to the board of directors shall be the commissioner of water supply and
waterworks, or other comparable officer, however designated, who is in charge of the municipality's

- 25 -

water supply and distribution system, if municipally owned, and who shall be known as the ex
officio director. Except for the ex officio director, all other elected or appointed officers, or the
employees of the municipality shall be ineligible for appointment to any district board; and except
for the ex officio director, any member of the metropolitan water district board of directors who at
a time after appointment to the board becomes elected or appointed to office in, or who becomes an
employee of, the municipality in which the member resides shall immediately become disqualified
as a director and shall forfeit the office, and the legislative body of the municipality shall
immediately appoint a successor to serve the unexpired portion of the term of office. The
appointment of directors by the legislative body of a municipality shall be made without regard to
partisan political affiliations from among citizens of the highest integrity, attainment, competence,
and standing in the community, and it is the intent of this part that each municipality shall adhere
so far as possible to a policy of continuing reappointment, at the expiration of their terms of office,
of directors of high character and proven competence.
(6) Except as to an ex officio director, the terms of office of members of the board of
directors are as follows:
(a) in metropolitan water districts comprising the area of two or more cities, six years;
(b) in metropolitan water districts comprising the area of only one city where the number
of members of the board of directors is five, one member shall be appointed for a two-year term; one
for a three-year term; one for a five-year term; one for a six-year term all as determined by lot; and
upon the expiration of these terms, the ensuing terms of office for each shall be six years; and
(c) in metropolitan water districts comprising the area of only one city where the number of
members of the board of directors is seven, two members shall be appointed for a two-year term; two
for a four-year term and two for a six-year term, all as determined by lot; and upon the expiration
of these terms, the ensuing terms of office for each shall be six years.
(7) Every member of a board of directors shall serve until the member resigns or until a
successor has been duly appointed and qualified[, or until recalled as provided in Section 17A-2-844;
and before]. Before assuming office, every director, other than an ex officio director, shall first
subscribe to the constitutional oath of office of the state, and the oath shall be delivered to and

- 26 -

retained among the records of the secretary of the district.
(8) Members of the board of directors of any metropolitan water district who are serving as
such on the effective date of this amendment and who are otherwise qualified as provided in
Subsection (5), shall immediately be reappointed to office by the legislative body or bodies,
respectively, of the city or cities the area of which is included in a metropolitan water district, and
for the terms of office provided in Subsection (6).
Section 25. Section 17A-2-1232 is amended to read:
17A-2-1232. Bonds as indebtedness -- Exemption from taxes.
Bonds issued under Sections [17A-1-1231] 17A-2-1231 through 17A-2-1246 shall not
constitute an indebtedness within the meaning of any statutory debt limitation or restriction, shall
constitute an indebtedness only to the extent required by the Utah Constitution and shall not be
subject to the provisions of any other law or charter relating to the authorization, issuance or sale of
bonds. Bonds issued under the provisions of this part are declared to be issued for an essential
public and governmental purpose and, together with interest thereon and income therefrom, shall be
exempted from all taxes.
Section 26. Section 17A-2-1404 is amended to read:
17A-2-1404. Establishment of district -- Petition -- Effect of defects.
(1) Before any water conservancy district is established under this part, a petition must be
filed in the clerk's office of the court vested with jurisdiction in a county in which all or part of the
lands within the proposed water conservancy district are situated.
(2) (a) [Except as provided in Section 17A-2-1404.5, a] A petition for the establishment of
a water conservancy district situated in a single county must be signed by the following number of
owners of land within the county and within the proposed district:
(i) not fewer than 20% of the owners of land outside the limits of any incorporated city or
town; and
(ii) not fewer than 5% of the owners of land within the limits of each incorporated city or
town.
(3) [Except as provided in Section 17A-2-1404.5, a] A petition for the establishment of a

- 27 -

water conservancy district situated in more than one county must be signed by the following number
of owners of land within each county and within the proposed district:
(a) not fewer than 10%, or 500, whichever is less, of the owners of land outside the limits
of any incorporated city or town; and
(b) not fewer than 5% of the owners of land within the limits of each incorporated city or
town.
(4) The property identification number of each tract of land that is owned by a petitioner
and is within the proposed water conservancy district must be listed opposite the petitioner's name.
(5) (a) If a petitioner signs a petition, both as owner of land situated within and outside a
municipality, the petitioner's name shall be counted only as an owner of land situated outside a
municipality.
(b) A signing petitioner[, or a person considered to have signed under Section
17A-2-1404.5,] is not permitted to withdraw his name after the petition is filed.
(6) A district may not be formed under this part unless the taxable value of land within the
proposed district, together with improvements on the land, exceeds $500,000.
(7) The petition shall set forth:
(a) the proposed name of the district;
(b) that property within the proposed district will be benefited by the accomplishment of the
purposes enumerated in Section 17A-2-1403;
(c) a general description of the purpose of the contemplated improvement and of the territory
to be included in the proposed district;
(d) a general designation of the district's divisions and the number of directors proposed for
each division; and
(e) a request to organize the district by the name proposed.
(8) The description of a water conservancy district's territory, as set forth in the petition,
need not be given by metes and bounds or by legal subdivisions, but it must be sufficiently detailed
to enable a property owner to ascertain whether his property is within the territory proposed to be
organized as a district.

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(9) The territory of a proposed water conservancy district:
(a) may include area within an existing water conservancy district; and
(b) need not be contiguous, provided it is so situated that the organization of a single district
for the territory described is calculated to promote one or more of the purposes enumerated in
Section 17A-2-1403.
(10) (a) No petition with the requisite signatures may be declared void because of alleged
defects, but the court may permit the petition to be amended to conform to the facts by correcting
any errors in the description of the territory or other errors.
(b) Similar petitions or multiple copies of the same petition:
(i) may be filed and together shall be regarded as one petition; and
(ii) if filed prior to the hearing on the first petition, shall be considered by the court to be
filed with the first petition.
(11) In determining whether the requisite number of landowners have signed or are
considered to have signed the petition, the court shall be governed by the names as they appear upon
the tax roll, which is prima facie evidence of land ownership.
Section 27. Section 20A-2-204 is amended to read:
20A-2-204. Registering to vote when applying for or renewing a driver license.
(1) As used in this section, "voter registration form" means the driver license
application/voter registration form and the driver license renewal/voter registration form required
by Section [20A-2-106] 20A-2-108.
(2) Any citizen who is qualified to vote may register to vote by completing the voter
registration form.
(3) The Driver License Division shall:
(a) assist applicants in completing the voter registration form unless the applicant refuses
assistance;
(b) accept completed forms for transmittal to the appropriate election official;
(c) transmit a copy of each voter registration form to the appropriate election official within
five days after it is received by the division; and

- 29 -

(d) transmit each address change within five days after it is received by the division.
(4) Upon receipt of a correctly completed voter registration form, the county clerk shall:
(a) enter the applicant's name on the list of registered voters for the voting precinct in which
the applicant resides; and
(b) notify the applicant of registration.
(5) (a) If the county clerk receives a correctly completed voter registration form that is dated
less than 20 days before an election, the county clerk shall:
(i) register the applicant after the next election; and
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
informing the applicant that his registration will not be effective until after the election.
(b) When the county clerk receives any voter registration forms at least seven days before
an election that are dated at least 20 days before the election, the county clerk shall:
(i) process the voter registration forms; and
(ii) record the new voters in the official register and posting list.
(6) If the county clerk determines that a voter registration form received from the Driver
License Division is incorrect because of an error or because it is incomplete, the county clerk shall
mail notice to the person attempting to register, informing him that he has not been registered
because of an error or because the form is incomplete.
Section 28. Section 20A-14-102 is amended to read:
20A-14-102. State Board of Education districts -- Definitions -- Procedure if parts of
the state are omitted.
(1) The Legislature adopts the official census population figures and maps of the Bureau of
the Census of the United States Department of Commerce developed in connection with the taking
of the 1990 national decennial census as the official data for the districting plan established for the
State Board of Education.
(2) As used in this section:
(a) "Block" means the smallest geographical unit for which the population was ascertained
by the Bureau of Census and shown on its official maps.

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(b) "Census tract" means a combination of blocks which are shown and numbered on the
official census bureau maps.
(3) (a) (i) If any area of the state is omitted from the plan established in this section,
inadvertently or because of the complexity of the census bureau information supplied to the
Legislature, the county clerk of the affected county, upon discovery of the omission, shall attach the
area to the appropriate board district according to Subsections (ii) and (iii).
(ii) If the area is surrounded by a board district, the area shall be attached to that district.
(iii) If the area is contiguous to two districts, the area shall be attached to the district that has
the least population.
(b) Any attachment made under this section shall be certified in writing and filed with the
lieutenant governor.
(4) In questions of interpretation of district boundaries described in this section, the official
maps on file in the lieutenant governor's office shall serve as the indication of the legislative intent
in drawing the board district boundaries.
(5) Following enactment of the State Board of Education districting plan under this section,
the Legislature shall file with the lieutenant governor's office official maps which accurately show
the boundaries of the board districts as established in this section.
(6) Each county clerk shall:
(a) obtain copies of the official maps for the clerk's county from the lieutenant governor's
office; and
(b) establish the voting [districts] precincts within each of the board districts as required by
Section [17-5-212] 20A-5-303.
(7) The First State Board of Education District consists of Beaver, Garfield, Iron, Kane,
Millard, Piute, Washington, Sevier, and Wayne Counties.
(8) The Second State Board of Education District consists of Morgan, Carbon, Daggett,
Duchesne, Grand, San Juan, Summit, Uintah, and Wasatch Counties and the following Utah County
Census Districts: Census Tract 0027, Blocks 201A, 201B, 201C, 202A, 202B, 203, 204, 205C, and
216B; Census Tract 0034, Blocks 101B, 301B, 301C, and 304; Census Tract 010298,

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Blocks 294E, 294N, 294P, 296, and 297; Census Tract 010302, Blocks 101, 102, 103, 104, 105, 106,
107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 120, 121,
122, 123, 124, 125A, 125C, 126, 127, 128, 129, 130, 131, 132A, 132B, 133, 134, 135, 136, 137,
138F, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157,
158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177,
178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197,
201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220,
221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238B, 239, 241,
242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261,
262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281,
282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, and 601; Census
Tract 0104, Blocks 137A, 137B, 156B, 157, 158, 159, 160, 161A, 161B, 162, 163, 164, 165, 166,
167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201A, 201B, 202A, 202B, 203, 204, 205, 206,
207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 218C, 219A, 219B, 219C, 220,
221, 222A, 222B, 222C, 223, 224A, 224B, 224C, 225, 226A, 226B, 227A, 227B, 228, 229, 230,
231A, 231B, 301, 302, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
316, 317, 318, 319A, 319B, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B,
330A, 330B, 330C, 331, 332, 333A, 333B, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 342,
343, 344, 345, 351, 352, 353, 354, 402B, 403B, 403D, 403E, 406, 407, 408, 409, 410, 411, 412,
413B, 414, 415K, 426B, 427, 428B, 444A, 444C, 445, 446, 448, 472A, 472B, 473, 474, 475A,
475B, 475C, 475D, 475E, 475F, 476, 477, 478, 479, 480, 481A, 481B, 482, 483, 484, 485, 486, 487,
488, 489, 490A, 490B, 491, 492, 493, 494, 495A, 495B, 496, and 497; Census Tract 0105, Blocks
275, 276, 277, 279, 280, 281, 282, 283, 284, 285, 286, 288, 289, 290, 291, 292, 293, 301, 302, 303,
304, 305, 306A, 306B, 307A, 307B, 308, 309A, 309B, 309C, 309D, 310, 311A, 311B, 311C, 312,
313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327,
328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 401, 402, 403, 404, 405, 406,
407, 408A, 408B, 409A, 409B, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B,
421A, 421B, 422, 423, 424, 425A, 425B, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435A, 435B,

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436, 437, 438, 439, 440, 441, 442, 443A, 443B, 444, 445, 446A, 446B, and 447; and Census Tract
0106, Blocks 121B, 131D, 132, and 133.
(9) The Third State Board of Education District consists of Emery, Juab, Sanpete, and
Tooele Counties, and the following Utah County Census Districts: Census Tracts 0029, 0030, 0031,
0032, 0033, and 010301; Census Tract 0022, Blocks 203, 207, 213, 214A, 214B, 301A, 301B, 301C,
302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314, 315, 316, 401, 402, 403, 404, 405, 406,
407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B, and 421; Census Tract
0023, Blocks 222 and 228; Census Tract 0027, Blocks 106, 109, 113, 115, 116, 117, 205A, 205B,
206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 301, 302, 310, 311, 312, 313, 314, 315, 316,
and 317; Census Tract 0028, Blocks 101, 102, 103, 104, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 201A, 201B, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304,
305, 306A, 306B, 307A, 307B, 308A, 308B, 309A, 309B, 310, 311A, 311B, 311C, 312, 313, 314,
315A, 315B, 315C, 315D, 316A, 316B, 317, 318, 319A, 319B, 320, 321, 322A, 322B, 323A, 323B,
324, 325A, 325B, 325C, 326, 327, 328, 329, 330A, 330B, 330C, 331A, 331B, 332, 333, 334, 335A,
335B, 336, 337, 338, 339, 340, 341, and 342; Census Tract 0034, Blocks 101A, 102A, 102B, 103,
104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201A, 201B, 202,
203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,
223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242,
243, 301A, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320,
321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340,
341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 401A, 401B, 401C, 402, 403, 404, 405, 406,
407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,
427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445A,
445B, 445C, 446A, 446B, 447A, 447B, 448, 449A, 449B, 450, 451, 452, 453A, 453B, 454, 455,
501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520,
521A, 521B, 522A, 522B, 523, 524, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612,
613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629A, 629B, 630A,
630B, 630C, 631, 632, 633, 634, 635, 636, 637A, and 637B; Census Tract 0101, Blocks 217A,

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220A, 221, 223, 224, 225A, 225B, 226, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236,
237, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 251C,
252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271,
272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, and 297; Census Tract 010302,
Blocks 125B, 138A, 138B, 138C, 138D, 138E, 139, 140A, 238A, and 240; Census Tract 0104,
Blocks 101, 102A, 102B, 103A, 103B, 104, 105A, 105B, 106, 107, 108A, 108B, 109A, 109B, 110,
111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
129, 130, 131, 132, 133, 134, 135, 136, 138, 139, 140, 141A, 141B, 141C, 141D, 142A, 142B,
142C, 143A, 143B, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 154C, 155,
156A, 177, 178, 179, 346, 347A, 347B, 348, 349, 350, 355, 356, 401A, 401B, 402A, 402C, 403A,
403C, 404, 405, 413A, 415A, 415B, 415C, 415D, 415E, 415F, 415G, 415H, 415J, 415L, 415M, 416,
417, 418, 419, 420, 421, 422A, 422B, 423A, 423B, 423C, 423D, 424A, 424B, 424C, 425, 426A,
426C, 428A, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444B,
447A, 447B, 449, 450, 451A, 451B, 452, 453A, 453B, 454A, 454B, 455, 456, 457, 458, 459, 460,
461, 462, 463, 464, 465, 466, 467, 468, 469, 470, and 471; Census Tract 0105, Blocks 101A, 101B,
101C, 101D, 101E, 102A, 102B, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 110A, 110B,
110C, 111A, 111B, 111C, 112A, 112B, 113, 114A, 114B, 115A, 115B, 115C, 115D, 116A, 116B,
117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132,
133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152,
153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170,
171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190,
191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233,
234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244A, 244B, 245, 246A, 246B, 247A,
247B, 248, 249A, 249B, 249C, 250, 251, 252A, 252B, 253A, 253B, 254, 255, 256, 257, 258, 259,
260, 261, 262, 263A, 263B, 264, 265, 266, 267A, 267B, 268, 269, 270, 271, 272, 273, 274, 278,
287, 294, 295, 296, and 297; and Census Tract 0106, Blocks 101A, 101B, 101C, 101D, 101E, 101F,
101G, 102A, 102B, 103A, 103B, 103C, 103D, 104, 105, 106A, 106B, 106C, 106D, 107A, 107B,

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107C, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 117, 118A, 118B, 119A, 119B, 120,
121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 131C, 134, 135A, 135B, 136, 137,
138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157,
158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177,
178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197,
201, 202A, 202B, 203, 204, 205A, 205B, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 212C,
213, 214, 215, 216, 217, 218A, 218B, 219, 220, 221A, 221B, 222, 223, 224, 225, 226, 227, 228,
229, and 230.
(10) The Fourth State Board of Education District consists of Box Elder, Cache, and Rich
Counties, and the following Weber County Census Districts: Census Tract 2101, Blocks 101, 102,
103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,
123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133A, 133B, 134, 135, 136, 137, 138,
139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158,
159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178,
179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201,
202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 219,
220, 221, 222, 223, 224, 225A, 225B, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235,
236, 237, 238, 239, 240, 241A, 241B, 241C, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250,
251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268,
269A, 269B, 270A, 270B, 271, 272, 273, 274, 275, 301, 302, 303, 304, 305, 306, 307, 308, 309,
310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329,
330, 331, 332, 333, 334A, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347,
348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360A, 360B, 361, 362, 363A, 363B,
364B, 364C, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379A, 381A,
381B, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, and 397.
(11) The Fifth State Board of Education District consists of the following Weber County
Census Districts: Census Tracts 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2011, 2012,
2013, 2014, 2017, 2018, 210201, 210202, 210301, 210302, 2104, 210503, 210504, 210505, 210701,

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and 210702; Census Tract 2015, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
221, 222, and 223; Census Tract 2016, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
112, 113, 201, 202, 203, 204, 205, 206, 207, 208, and 209; Census Tract 2019, Blocks 101A, 101B,
101C, 102A, 102B, 103, 104A, 104B, 104C, 105, 106, 107A, 107B, 107C, 108, 109A, 109B, 109C,
109D, 109E, 109F, 109G, 109H, 109J, 110, 111A, 111B, 112A, 112B, 113, 114A, 114B, 115, 116,
117, 118, 119A, 120, 121A, 122, 201A, 201B, 202A, 202B, 202C, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, and 243; Census Tract 2101,
Blocks 364A, 379B, 380A, and 380B; Census Tract 210501, Blocks 101A, 101C, 102A, 103A,
104A, 109A, 113A, 113B, 113D, 401A, 401C, 401D, 402, 403B, 404B, 412, 413, 414, 415, 416,
417, and 601A; Census Tract 2106, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207,
301B, 302, 303, 304, 305, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 505,
506, 507, 508, 509, 510, 601, 602, 603A, 603B, 604, 605, 606, 607, 608, and 609.
(12) The Sixth State Board of Education District consists of the following Davis County
Census Districts: Census Tracts 1252, 125301, 125302, 125401, 125402, 1255, 1256, 1257, 125801,
125802, 125804, and 125904; Census Tract 125903, Blocks 101, 102B, 103, 201, 202, 203, 204,
205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306,
307, 308, 309, 310, 311, 312, 313, 314, and 402; Census Tract 1260, Blocks 101, 102, 103, 104, 105,
106, 107, 108, 121, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
215, 216, 217, 218, 301, 302A, 302B, 302C, 302D, 302E, 302F, 302G, 303, 304, 305, 306, 307, 308,
309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404A, 404B, 405, 406, 407, 412,
413, 414, 501A, and 501B; and the following Weber County Census Districts: Census Tracts 2020,
2108, 2109, 2110, 2111, 211201, and 211202; Census Tract 2015, Blocks 219, 220, 301, 302, 303,
304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 315, 316, 317, 321, 323, 324, and 325; Census
Tract 2016, Blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 403, 404, 405,
406, 407, 408, 409A, 409B, 410, and 411; Census Tract 2019, Blocks 119B and 121B; Census Tract

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210501, Blocks 101B, 102B, 103B, 103C, 104B, 104C, 105A, 105B, 105C, 105D, 106, 107A, 107B,
108, 109B, 110, 111, 112, 113C, 201, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210,
211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 221, 235, 238, 301, 302, 303, 304A,
304B, 305A, 305B, 305C, 306A, 306B, 307, 308, 309, 310, 311, 401B, 403A, 404A, 405, 406, 407,
408, 409, 410, 411, 501, 502, 503, 504, 505, 506, 507, 508, 601B, 602, 603, 604A, 604B, 605, 606,
607, 608, 609, 610, 611, 612, 613, 901A, 901B, 902, 903A, and 903B; and Census Tract 2106,
Block 301A.
(13) The Seventh State Board of Education District consists of the following Davis County
Census Districts: Census Tracts 125101, 125102, 126101, 126102, 126103, 126104, 126201,
126202, 1263, 126301, 126302, 126401, 126402, 1265, 1266, 1267, 126801, 126802, 126901,
126902, 127001, and 127002; Census Tract 125903, Blocks 102A, 102C, 104, 105, 106, 107, 108,
109, 110, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 118C, 119, 120, 121A, 121B, 401, 403A,
403B, 404, 405, 406, 407, 408, 409, 410, 411A, 411B, 412A, 412B, 412C, 412D, 412E, 413, 414,
415, 416, 417A, 417B, 418A, 418B, 418C, 418D, 418E, 418F, 418G, 418H, 419A, 419B, 420, 501,
502, 503, 504, 505, 506, 507, 508A, 508B, 508C, 509, 510, 511, 512, 513, 514A, 514B, 514C,
515A, 515B, 516A, 516B, 517A, 517B, 518, 519, 520, 521, 522, 523A, 523B, 523C, and 523D; and
Census Tract 1260, Blocks 109, 110, 111, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329,
330, 331, 332, 333, 334, 335, 408, 409A, 409B, 410, 411, 415, 416, 502A, 502B, 502C, 503A,
503B, 503C, 504, 505A, 505B, 506, 507A, 507B, 508, 509A, 509B, 510, 511A, and 511B.
(14) The Eighth State Board of Education District consists of the following Salt Lake
County Census Districts: Census Tracts 1001, 1002, 1007, 1008, 1009, 1010, 1011, 1012, 1013,
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1029, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, and 1041; Census Tract 1004, Blocks 101,
102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119, and 120;
Census Tract 1005, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 117,
118, 201, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, and 216; Census Tract 1006,
Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205,
206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506, 507, 508, and 509;

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Census Tract 1028, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510,
511, 512, 513, 514, 515, 516, 517A, 517B, 518, 519, 520, 521, 522A, 524A, and 525; Census Tract
1042, Blocks 101A, 101B, 102A, 102B, 102C, 102D, 102F, 102G, 104, 105, 106, 107, 108, 109,
110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309,
310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 501,
502, 503, 504, and 505; Census Tract 1043, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
111, 112, and 113; Census Tract 110103, Blocks 101, 102A, 102B, 102C, 103, 104A, 104B, 105,
106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,
126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145,
146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165,
166, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219,
220, 221, 222, 223, 240, 241, 242, and 243; and Census Tract 110104, Blocks 501, 502, 503, 504,
505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, and 517.
(15) The Ninth State Board of Education District consists of the following Salt Lake County
Census Districts: Census Tracts 100302, 100303, 100304, 1027, 113304, 113306, 113307, 113308,
113402, 113403, 113405, 113406, 113407, 113408, 113409, 113509, 113516, 113901, 113903,
113904, and 113905; Census Tract 1004, Blocks 112, 201, 202, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229,
and 230; Census Tract 1005, Blocks 114, 115, 116, 208, 209, 301, 302, 303, 304, 305, 306, 307, 308,
309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, and 412; Census Tract
1006, Blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 401, 402,
and 403; Census Tract 1028, Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309,
310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405,
406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425,
426, 427, 428, 429, 430, 431, 432, 433, 434, 435, and 436; Census Tract 1131, Blocks 302A, 302B,
302C, 302D, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314,

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315, 316, 317, 318A, 318B, 321A, 321B, 322A, 322B, 323, 324, 325C, 325D, 325F, 325G, 326C,
326D, 326F, 327, 328, 329, 330, 331A, 331B, 332B, 333C, 333D, 333E, 334, 335, 336, 337, 338B,
339E, 339G, 340B, 340C, 341, 342, 401A, 401B, 402A, 402B, 403, 404A, 404B, 404C, 405A,
405B, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422,
423, 424, 425, 426, 427A, 427B, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440,
441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460,
461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480,
481, 482, 483, 484, 485, 486, 487, 488A, 489, 490, 491, 492, 493, 494, 495, and 511A; Census Tract
113305, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 120, 121, 122, 123, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,
311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, and
412; and Census Tract 113518, Blocks 105D, 105E, 106, 107, 108, 109A, 109B, 110A, 110B, 111,
112, 113, 114, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123C, 134C, 134D, 135B, 135C,
135D, 136, 137A, 137B, and 138.
(16) The Tenth State Board of Education District consists of the following Salt Lake County
Census Districts: Census Tracts 112904, 112905, 113505, 113510, 113511, 113512, 113513,
113514, 113517, 113519, 113520, 113521, 113522, 113523, 1136, 1137, 113801, 113802, and
113803; Census Tract 112907, Blocks 101A, 101B, 102, 103, 104, 105A, 105B, 105C, 105D, 105E,
105F, 106, 107, 108, 201A, 201B, 201C, 201D, 201E, 202A, 202B, 202C, 203, 204, and 205;
Census Tract 112908, Blocks 101, 102, 103, 104A, 104B, 104C, 104D, 104E, 104F, 104G, 105A,
105B, 105C, 105D, 105E, 106, 201A, 201B, 201C, 201D, 201E, 201F, 202, 203, 204, 205, 206, 207,
208, 209, 210, 211, 301A, 303A, and 303B; Census Tract 113515, Blocks 101, 102, 103, 104, 105,
106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,
212, 303B, 304, 305, 308, 309, and 310; Census Tract 113518, Blocks 101A, 101B, 102A, 102B,
102C, 103, 104, 105A, 105B, 105C, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133,
134A, 134B, 135A, 139, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215,
216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403A,

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403B, 404, 405, 406, 407, 408, 409, 410, 411, and 412; and Census Tract 113524, Blocks 102, 103,
104, 105, 106, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 403, 404,
405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 501, 502, 503, 504, 505,
506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, and 520.
(17) The Eleventh State Board of Education District consists of the following Salt Lake
County Census Districts: Census Tracts 112602, 112604, 112605, 112608, 112609, 112802, 112804,
112805, 112806, 112906, and 112909; Census Tract 110102, Blocks 106, 107, 108, 109, 110, 111,
112, 113, 114, 115, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A,
311B, 312A, 312B, 313A, 313B, 314A, 314B, 315, 316, 317, 318, 319, 320A, 320B, 321, 322, 323,
324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333A, 333B, 334, 335, 336, 337, 338, 339,
340, 341, 342, 343, 344A, 344B, 344C, 344D, 344E, 345A, 345B, 346, 347, 348, 349, 350, 351,
352, 353, 354, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437,
438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457,
458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477,
478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488A, 488B, 489, 490, 491, 492, 493, 494, 495,
496, and 497; Census Tract 111304, Block 115B; Census Tract 112502, Block 508A; Census Tract
112606, Blocks 201A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 301B, 302, 303, 304A,
304B, 305, 306A, 306B, 307A, 308, 309, 310, 311, 312A, 312B, 313A, 313B, 314A, 315A, 316A,
317, 401A, 401B, 402, 403, 404A, 404B, 405, 406A, 406B, 406C, 406D, 407, 408, 409, 410A,
410B, 411A, 411B, and 412; Census Tract 112607, Blocks 201A, 205, 207A, 208A, 210, 301A,
301B, 302, 303, 304A, 305A, 306A, 307, 308A, 401A, 401D, 402, 403, 404, 405, 406A, 406B,
406C, 406D, 406E, 406F, 407, 408, 409, 410, 411, 412, 413, 414, 415, and 416; Census Tract
112611, Blocks 101, 107, 108, 109A, 109B, 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B,
114A, 114B, 115, and 116B; Census Tract 112612, Blocks 101A, 101B, 102A, 102B, 102C, 102D,
102E, 102F, 103, 104A, 104B, 105, 106, 107, 108, 109A, 109B, 110, 201B, 206, 207, and 208;
Census Tract 1127, Blocks 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502,
503, 504, 505, 506, 507, 508, 509, 510, 511, and 512; Census Tract 112801, Blocks 101, 102, 103,

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104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123,
124, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219,
220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308,
309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328,
329, 330, 331, 332, 333, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407A, 407B, 408, 409A,
409B, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,
427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446,
447, 448, 449, 450, 451, 452, 453, 454B, 455, 456B, 457B, 458, 459, 460, 463, 464, 465, 466, 467,
474B, 475, 476, 477, 478, 479, 480, 481, 484, and 487; Census Tract 112907, Blocks 301, 302, 303,
401, 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411, 412A, 412B, 413A, 413B, and 413C;
Census Tract 112908, Blocks 301B, 302, 303C, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403,
404, 501, 502, 503, and 504; Census Tract 112910, Blocks 101A, 101B, 101C, 102, 103, 104, 105A,
105B, 106B, 106C, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, and
303; Census Tract 112911, Blocks 101A, 101B, 102, 103A, 103B, 104, 105, 106A, 106B, 107A,
107B, 108, 109, 110, 111A, 111B, 111C, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B,
209C, 210, 211A, 211B, 211C, 212A, 212C, 212D, 213, 214, 215, 301, 302, 303, 304, 305, 306,
307A, 307B, 308, 309, 310, 311, 312, 313, and 314; Census Tract 113006, Blocks 105, 106, 107,
109, 110, 111, 113, 115, and 117; and Census Tract 1131, Blocks 101A, 101B, 102, 103, 104, 105,
106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 121, 122, 123,
124, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214A, 214B, 214C, 215A,
215B, 216, 217, 218, 219, 220, 221, 301A, 301B, 301C, 301D, 319A, 319B, and 320.
(18) The Twelfth State Board of Education District consists of the following Salt Lake
County Census Districts: Census Tracts 1044, 1045, 1046, 1047, 1048, 1049, 1102, 1103, 1104,
1105, 1106, 1107, 1114, 1115, 1116, 1117, 1118, 111901, 1121, and 112301; Census Tract 1028,
Blocks 522B, 523, 524B, and 526; Census Tract 1042, Blocks 102E, 103, 111, 112, 113, 114, 115,
and 116; Census Tract 1043, Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, and 210; Census
Tract 110103, Blocks 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237,
238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, and 312; Census Tract 110104,

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Blocks 102, 104, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219,
220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415,
416, 417, 418, 419, and 420; Census Tract 1109, Block 102; Census Tract 111101, Blocks 301A and
302; Census Tract 111902, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201, 202,
203, 204, 205, 206, 207, 208, 209, 210, 217, 218, 301, 302, 303, 304, 306, 307, 501A, 501B, 501C,
501D, 502, and 503; Census Tract 1120, Blocks 101, 102, 103A, 103B, 104, 105, 107, 109, 115,
122A, 122B, 123A, 123B, 123C, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 215, 216, 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 501, 502, 503, 504, 505, 506,
507, 508, 509, 510, 601, 602, 701, 702, 703, 704, 705, 801A, 801C, 802A, 802B, 803, and 804;
Census Tract 112201, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, and 118; Census Tract 112202, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, and
128; Census Tract 113305, Block 201A; and Census Tract 113515, Blocks 301, 302, and 303A.
(19) The Thirteenth State Board of Education District consists of the following Salt Lake
County Census Districts: Census Tracts 1108, 111001, 111002, 111102, 111103, 1112, 111302,
111303, 112302, 112401, 112402, 112501, 112503, and 112610; Census Tract 110102, Blocks 101,
102, 103, 104, 105, 201, 202, 203, 204, 205, 206, and 207; Census Tract 110104, Blocks 101A,
101B, 103, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120,
121, 122, 123, 214, 215, 216, 518, 519, and 520; Census Tract 1109, Blocks 101, 103, 104, 105, 106,
107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 226,
227, 228, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 403, 404, 405,
406, 407, 408, and 409; Census Tract 111101, Blocks 101, 102, 103, 201, 202, 203, 204, 205, 206,
207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301B, 303, 304, 305,
306, 307, 308, 309, 310, 311, 312, 401, 402, 404, 405, 407, 408, 409, 410, 411, 412, 414, 416, 417,
421, 422, 429, 430, 431, 440, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, and
514; Census Tract 111304, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115A, 115C, 115D, 116, 117, 118, 119, 120, 121, 122, 123, 124, and 125; Census Tract

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111902, Blocks 401, 402, 403, 404, and 405; Census Tract 1120, Block 801B; Census Tract 112201,
Blocks 117, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
320, 321, and 322; Census Tract 112202, Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
313, 314, 315, 316, and 317; Census Tract 112502, Blocks 101, 102, 103, 104, 105, 201, 202, 203,
204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 501, 502A,
502B, 503, 504, 505, 506, 507, 508B, and 509; Census Tract 112606, Blocks 101, 102, 103, 104,
105, 106, 107, 108, 109, 110, 111, 112, 201B, 202, 301C, 307B, 314B, 315B, and 316B; Census
Tract 112607, Blocks 101, 102, 103, 104, 105, 106, 107, 201B, 202, 203, 204, 206, 207B, 208B,
209, 211, 212, 301C, 304B, 305B, 306B, 308B, 401B, 401C, and 406G; Census Tract 112611,
Blocks 102A, 102B, 102C, 102D, 103, 104A, 104B, 105, 106, 116A, 117, 118, 119A, 119B, 119C,
119D, 201A, 201B, 201C, 202, 203A, 203B, 204, 205, 206A, 206B, 206C, 206D, 206E, 206F,
206G, 207, 208, 209, 210A, 210B, 210C, 211A, and 211B; Census Tract 112612, Blocks 201A,
201C, 201D, 202, 203, 204, and 205; Census Tract 1127, Blocks 101, 135, 136, 137, 138, 139, 201,
202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304A, 304B,
305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321, 322,
323, 324, 325, 326, 327A, 327B, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340,
341, 342A, 342B, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358,
359, 360, 361, 362, and 363; Census Tract 113515, Blocks 306 and 307; and Census Tract 113524,
Block 101.
(20) The Fourteenth State Board of Education District consists of the following Salt Lake
County Census Districts: Census Tracts 113003, 113004, and 113005; Census Tract 112801, Blocks
454A, 456A, 457A, 461, 462, 468, 469, 470, 471, 472, 473, 474A, 482, 483, 485, 486, 488, 489,
490, 491, 492, 493, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516,
517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536,
537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, and 548; Census Tract 112910, Block 106A;
Census Tract 112911, Block 212B; Census Tract 113006, Blocks 101, 102, 103, 104, 108, 112, 114,

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116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 201, 202, 203,
204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401,
402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410, 501, 502, 503, 504A, 504B, 505, 506, 507,
508, 509, 510, 511, 512, 513, 514, and 515; Census Tract 1131, Blocks 212B, 325A, 325B, 325E,
326A, 326B, 326E, 326G, 326H, 332A, 332C, 332D, 333A, 333B, 338A, 338C, 339A, 339B, 339C,
339D, 339F, 339H, 340A, 340D, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355A,
355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 488B, 501, 502, 503, 504, 505, 506, 507,
508, 509, 510, 511B, 512A, 512B, 512C, 513, 514, 515, 516, 517, 518, 519A, 519B, 520, 521, 522,
523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539A, 539B, 539C,
539D, 539E, 539F, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555,
556, 557, and 558; and the following Utah County Census Districts: Census Tracts 0001, 0002,
0003, 0004, 0005, 0006, 000701, and 010201; Census Tract 000702, Blocks 101, 102, 103, 104, 105,
106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 201, 202, 203,
204, 205, 206, 207, 208, 214, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 301A, 301B,
301C, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,
318A, 319A, 319B, 320, 321, 322, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413,
414, and 415; Census Tract 0008, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 118, 119,
120, 121, 123, 124, 125, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
316, 317, 318, 319, 320, 321, 322, 323, 324, 325, and 326; Census Tract 000901, Blocks 101, 102,
103, 107, 108, 109, 110, 111, 113, 114, 121, 122, 123, 124, 125, 301, 302, 303, 304, 305, 306, 307,
308, 309, and 310; Census Tract 000902, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 213, 218, and 219; Census Tract
0014, Blocks 103A, 104A, and 105A; Census Tract 001501, Blocks 108E, 108F, 202A, 202F, 203A,
204B, 207B, and 224C; Census Tract 001502, Block 401C; Census Tract 0022, Blocks 101, 103,
104, 105A, 106A, and 106B; Census Tract 0101, Blocks 101A, 101B, 101C, 101D, 102, 103A,
103B, 103C, 103D, 103E, 103F, 104A, 104B, 104C, 104D, 104E, 105, 106, 107, 108, 109, 110A,
110B, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123A, 123B,
124, 125A, 125B, 125C, 126, 127A, 127B, 128, 129, 130, 131, 132A, 132B, 133A, 133B, 134,

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135A, 135B, 136, 137A, 138, 201A, 201B, 201C, 201D, 202A, 202B, 202C, 202D, 203, 204, 205,
206A, 206B, 207, 208A, 208B, 208C, 209A, 209B, 209C, 209D, 209E, 210A, 210B, 210C, 211A,
211B, 212A, 212B, 212C, 213, 214, 215, 216, 217B, 218, 219, 220B, 220C, 222, 286, 287, 288A,
288B, 289, 290, 291, 292, 293, 294, 295, and 296; Census Tract 010298, Blocks 201, 202A, 202B,
202C, 202D, 202E, 202F, 202G, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 211C, 212,
213A, 213B, 214, 215, 216A, 216B, 216C, 217A, 217B, 217C, 218A, 218B, 219, 220A, 220B,
220C, 221, 222A, 222B, 222C, 222D, 222E, 223, 224A, 224B, 225A, 225B, 226A, 226B, 227A,
227B, 227C, 228, 229A, 229B, 230A, 230B, 230C, 231, 232A, 232B, 232C, 233A, 233B, 233C,
234, 235, 236, 237, 238, 239, 240A, 240B, 240C, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250,
251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 263C, 264, 265, 266A,
266B, 267, 268, 269, 270, 271, 272, 273A, 273B, 273C, 273D, 273E, 274A, 274B, 274C, 274D,
275A, 275B, 275C, 275D, 275E, 275F, 275G, 275H, 275J, 276, 277, 278, 279, 280, 281, 282, 283,
284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294D, 294M, and 295; and Census Tracts 010793,
010794, 010795, 010796, and 010797.
(21) The Fifteenth State Board of Education District consists of the following Utah County
Census Districts: Census Tracts 0010, 001101, 001102, 0012, 0013, 0016, 0017, 0018, 0019, 0020,
0021, 0024, 0025, and 0026; Census Tract 000702, Blocks 318B and 319C; Census Tract 0008,
Blocks 201, 202, 203, 204, 205, 206, 207, 215, 216, 220, 221, 222, 223, 224, 401, 402, 403, 404,
405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, and 418; Census Tract 000901,
Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, and 216; Census
Tract 000902, Blocks 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 220, and 221;
Census Tract 0014, Blocks 101, 102, 103B, 103C, 104B, 105B, 105C, 105D, 106, 107, 108, 109,
110, 111, 112, 113A, 113B, 113C, 113D, 113E, 114A, 114B, 114C, 114D, 115, 116, 117A, 117B,
117C, 118, 119, 120A, 120B, 120C, 120D, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314,
315, 316, and 317; Census Tract 001501, Blocks 101A, 101B, 101C, 102, 103, 104A, 104B, 105A,
105B, 106A, 106B, 107A, 107B, 108A, 108B, 108C, 108D, 109, 110, 111A, 111B, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 201, 202B, 202C, 202D, 202E, 203B, 203C, 204A, 205, 206,

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207A, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B,
and 225; Census Tract 001502, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
113, 114, 115, 116, 117, 201A, 201B, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211,
212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,
312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 401A, 401B, 402,
403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422,
423, 424, 425, and 426; Census Tract 0022, Blocks 102, 105B, 106C, 107, 108A, 108B, 109A,
109B, 109C, 110, 111, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 115C, 115D, 115E,
115F, 115G, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132,
133, 134, 135, 136, 137A, 137B, 138A, 138B, 139, 140, 141, 142, 143A, 143B, 144, 145, 146, 147,
148, 149, 150, 151, 201, 202A, 202B, 202C, 202D, 204, 205, 206, 208, 209, 210, 211, 212, 215,
216, 217, 218, 219, and 220; Census Tract 0023, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,
110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206,
207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 224, 225, 226, and
227; Census Tract 0027, Blocks 101, 102, 103, 104, 105, 107, 108, 110, 111, 112, 114, 303, 304,
305, 306, 307, 308, 309, and 318; Census Tract 0028, Blocks 105, 106, 117, 118, 206, and 207;
Census Tract 0101, Block 137B; and Census Tract 010298, Blocks 294A, 294B, and 294C.
Section 29. Section 21-1-5 is amended to read:
21-1-5. Civil fees of the courts of record -- Courts complex design.
(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
of record not governed by another subsection is $120.
(b) The fee for filing a complaint or petition is:
(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
and attorney fees is $2,000 or less;
(ii) $80 if the claim for damages or amount in interpleader exclusive of court costs, interest,
and attorney fees is greater than $2,000 and less than $10,000;
(iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; and
(iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,

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Separate Maintenance.
(c) The fee for filing a small claims affidavit is:
(i) $37 if the claim for damages or amount in interpleader exclusive of courts costs, interest,
and attorney fees is $2,000 or less; and
(ii) $60 if the claim for damages or amount in interpleader exclusive of court costs, interest,
and attorney fees is greater than $2,000.
(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
complaint, or other claim for relief against an existing or joined party other than the original
complaint or petition is:
(i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
or less;
(ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
than $2,000 and less than $10,000;
(iii) $90 if the original petition is filed under Subsection (1)(a) or when the claim for relief
is $10,000 or more; and
(iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
Chapter 4, Separate Maintenance.
(e) The fee for filing a small claims counter affidavit is:
(i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
or less; and
(ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
than $2,000.
(f) The fee for depositing funds under Section 57-1-29 when not associated with an action
already before the court is determined under Subsection (b) based on the amount deposited.
(g) The fee for filing a petition for trial de novo of an adjudication of the justice court or of
the small claims department is $70.
(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
petition for writ of certiorari is $190.

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(i) (i) Except for a petition filed under Subsection 77-18-10(2), the fee for filing a petition
for expungement is $50.
(ii) There is no fee for a petition filed under Subsection 77-18-10(2).
(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges'
Retirement Act.
(ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,
as provided in Section 63-63a-8.
(iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and (1)(s)
shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section
78-31b-9.
(k) The fee for filing a judgment, order, or decree of a court of another state or of the United
States is $25.
(l) The fee for filing probate or child custody documents from another state is $25.
(m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
State Tax Commission is $30.
(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state or
a judgment, order, or decree of an administrative agency, commission, board, council, or hearing
officer of this state or of its political subdivisions other than the Utah State Tax Commission, is $40.
(n) The fee for filing a judgment by confession without action under Section 78-22-3 is $25.
(o) The fee for filing an award of arbitration for confirmation, modification, or vacation
under Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is $25.
(p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
(q) The fee for filing any accounting required by law is:
(i) $10 for an estate valued at $50,000 or less;
(ii) $20 for an estate valued at $75,000 or less but more than $50,000;
(iii) $40 for an estate valued at $112,000 or less but more than $75,000;

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(iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
(v) $150 for an estate valued at more than $168,000.
(r) The fee for filing a demand for a civil jury is $50.
(s) The fee for filing a notice of deposition in this state concerning an action pending in
another state under Utah Rule of Civil Procedure 26 is $25.
(t) The fee for filing documents that require judicial approval but are not part of an action
before the court is $25.
(u) The fee for a petition to open a sealed record is $25.
(v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
to any fee for a complaint or petition.
(w) The fee for a petition for authorization for a minor to marry required by Section 30-1-9
is $5.
(x) The fee for a certificate issued under Section 26-2-25 is $2.
(y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
(z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per
page.
(aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
and forms and for the search and retrieval of records under Title 63, Chapter 2, Government Records
Access and Management Act. Fees under this subsection shall be credited to the court as a
reimbursement of expenditures.
(bb) There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(cc) Except as provided in this section, all fees collected under this section are paid to the
General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
the pleading for filing or performs the requested service.
(dd) The filing fees under this section may not be charged to the state, its agencies, or
political subdivisions filing or defending any action. In judgments awarded in favor of the state, its
agencies, or political subdivisions, except the Office of Recovery Services, the court shall order the

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filing fees and collection costs to be paid by the judgment debtor. The sums collected under this
subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or other
penalty and costs permitted by law.
(2) (a) (i) From the date that this act takes effect until June 30, 1998, the administrator of the
courts shall transfer all revenues representing the difference between the fees in effect after May 2,
1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
Construction and Management Capital Projects Fund.
(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
Construction and Management shall use up to $3,750,000 of the revenue deposited in the Capital
Projects Fund under Subsection 21-1-5(2)(a) to design and take other actions necessary to initiate
the development of a courts complex in Salt Lake City.
(B) If the Legislature approves funding for construction of a courts complex in Salt Lake
City in the 1995 Annual General Session, the Division of Facilities Construction and Management
shall use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct
a courts complex in Salt Lake City.
(iii) The Division of Facilities Construction and Management may enter into agreements and
make expenditures related to this project before the receipt of revenues provided for under this
subsection.
(iv) The Division of Facilities Construction and Management shall:
(A) make those expenditures from unexpended and unencumbered building funds already
appropriated to the Capital Projects Fund; and
(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under this
subsection.
(b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
representing the difference between the fees in effect after May 2, 1994, and the fees in effect before
February 1, 1994, are transferred to the Division of Finance for deposit in the restricted account.
(c) The Division of Finance shall deposit all revenues received from the court administrator
into the restricted account created by this section.

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(d) (i) From [the effective date of this act] May 1, 1995, until June 30, 1998, the
administrator of the courts shall transfer $7 of the amount of a fine or bail forfeiture paid for a
violation of Title 41, Motor Vehicles, in a court of record to the Division of Facilities Construction
and Management Capital Projects Fund. The division of money pursuant to [Subsection 78-3-4(6),
Sections] Section 78-3-14.5 [and 78-4-22] shall be calculated on the balance of the fine or bail
forfeiture paid.
(ii) After June 30, 1998, the administrator of the courts shall transfer $2 of the amount of a
fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the
Division of Finance for deposit in the restricted account created by this section. The division of
money pursuant to Subsection 78-3-4(6), and Section 78-3-14.5 shall be calculated on the balance
of the fine or bail forfeiture paid.
(3) (a) There is created within the General Fund a restricted account known as the State
Courts Complex Account.
(b) The Legislature may appropriate monies from the restricted account to the administrator
of the courts for the following purposes only:
(i) to repay costs associated with the construction of the court complex that were funded
from sources other than revenues provided for under this subsection; and
(ii) to cover operations and maintenance costs on the court complex.
Section 30. Section 26-4-4 is amended to read:
26-4-4. Chief medical examiner -- Appointment -- Qualifications -- Authority.
(1) The executive director, with the advice of an advisory board consisting of the chairman
of the Department of Pathology at the University of Utah medical school and the dean of the law
school at the University of Utah shall appoint a [state] chief medical examiner who shall be licensed
to practice medicine in the state and shall meet the qualifications of a forensic pathologist, certified
by the American Board of Pathologists.
(2) The medical examiner shall serve at the will of the executive director. He shall have
authority to employ such medical, technical and clerical personnel as may be required to effectively
administer this chapter, subject to the rules of the department and the state merit system. He shall

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have authority to conduct investigations, pathological examinations, and perform autopsies
authorized in this title. The medical examiner shall have authority to conduct or authorize necessary
examinations on dead bodies and retain tissues and biological samples for scientific purposes and
those he considers necessary to accurately certify the cause and manner of death. In the case of an
unidentified body, the medical examiner shall authorize or conduct investigations, tests and
processes in order to determine its identity as well as the cause of death. The medical examiner may
appoint regional pathologists, each of whom shall be approved by the executive director.
Section 31. Section 26-32a-105 is amended to read:
26-32a-105. Trust fund -- Creation -- Deposits.
(1) There is created the Waste Tire Recycling Expendable Trust Fund.
(2) Proceeds of the fee shall be deposited in the trust fund for payment of partial
reimbursement and payments under Section [26-23a-107.7] 26-32a-107.7.
Section 32. Section 27-17-301 is amended to read:
27-17-301. Duties -- Enforcement -- Federal safety regulations -- Audits -- Rights of
entry for audits.
(1) The department shall administer and in cooperation with the Department of Public
Safety, Utah Highway Patrol Division, as specified under Section 53-8-105, shall enforce state and
federal laws related to the operation of a motor carrier within the state, including:
(a) the operation of ports-of-entry under Section 27-17-501;
(b) vehicle size, weight, and load restrictions;
(c) security requirements;
(d) safety requirements; and
(e) the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal
Regulations.
(2) The department shall conduct compliance audits and inspections as needed to enforce
state and federal laws related to the operation of a motor carrier.
(3) (a) In accordance with Subsection (b), the department's authorized employees or agents
may enter, inspect, and examine any lands, buildings, and equipment of a motor carrier subject to

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this chapter, to inspect and copy any accounts, books, records, and documents in order to administer
and enforce state and federal laws related to the operation of a motor carrier provided:
(i) the department's authorized employees or agents shall schedule an appointment with the
motor carrier prior to entering, inspecting, or examining any facility or records of a motor carrier;
(ii) if the department's authorized employees or agents believe that a criminal violation is
involved and that a scheduled appointment would compromise the detection of the alleged criminal
violation, no appointment is necessary.
(b) A motor carrier shall submit [their] its lands, buildings, and equipment for inspection and
examination and shall submit [their] its accounts, books, records, and documents for inspection and
copying in accordance with this subsection.
Section 33. Section 27-17-403 is amended to read:
27-17-403. Contribution between connecting motor carriers.
(1) The motor carrier paying for the loss or damage to property transported or received is
entitled to recovery from the motor carrier responsible for the loss or damage, or on the motor
carrier's line the loss, damage, or injury was sustained.
(2) The amount of the loss or damage is equal to the amount the motor carrier is required
to pay to the persons entitled to the recovery.
Section 34. Section 30-6-4 is amended to read:
30-6-4. Forms for petitions and protective orders -- Assistance.
(1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to persons
seeking to proceed under this chapter.
(b) The Administrative Office of the Courts shall develop and adopt uniform forms for
petitions and orders for protection in accordance with the provisions of this chapter on or before
September 1, 1995. That office shall provide the forms to the clerk of each court authorized to issue
protective orders. The forms shall include:
(i) a statement notifying the petitioner for an ex parte protective order that knowing
falsification of any statement or information provided for the purpose of obtaining a protective order
may subject the petitioner to felony prosecution;

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(ii) a separate portion of the form for those provisions, the violation of which is a criminal
offense, and a separate portion for those provisions, the violation of which is a civil violation, as
provided in Subsection 30-6-4.2[(6)](5);
(iii) language in the criminal provision portion stating violation of any criminal provision
is a class A misdemeanor, and language in the civil portion stating violation of or failure to comply
with a civil provision is subject to contempt proceedings;
(iv) a space for information the petitioner is able to provide to facilitate identification of the
respondent, such as social security number, driver license number, date of birth, address, telephone
number, and physical description;
(v) a space for the petitioner to request a specific period of time for the civil provisions to
be in effect, not to exceed 150 days, unless the petitioner provides in writing the reason for the
requested extension of the length of time beyond 150 days;
(vi) a statement advising the petitioner that when a minor child is included in an ex parte
protective order or a protective order, as part of either the criminal or the civil portion of the order,
the petitioner may provide a copy of the order to the principal of the school where the child attends;
and
(vii) a statement advising the petitioner that if the respondent fails to return custody of a
minor child to the petitioner as ordered in a protective order, the petitioner may obtain from the court
a writ of assistance.
(2) If the person seeking to proceed under this chapter is not represented by an attorney, it
is the responsibility of the court clerk's office to provide:
(a) the forms adopted pursuant to Subsection (1);
(b) all other forms required to petition for an order for protection including, but not limited
to, forms for service;
(c) clerical assistance in filling out the forms and filing the petition, in accordance with
Subsection (1)(a). A court clerk's office may designate any other entity, agency, or person to provide
that service, but the court clerk's office is responsible to see that the service is provided;
(d) information regarding the means available for the service of process;

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(e) a list of legal service organizations that may represent the petitioner in an action brought
under this chapter, together with the telephone numbers of those organizations; and
(f) written information regarding the procedure for transporting a jailed or imprisoned
respondent to the protective order hearing, including an explanation of the use of transportation order
forms when necessary.
(3) No charges may be imposed by a court clerk, constable, or law enforcement agency for:
(a) filing a petition under this chapter;
(b) obtaining an ex parte protective order;
(c) obtaining copies, either certified or not certified, necessary for service or delivery to law
enforcement officials; or
(d) fees for service of a petition, ex parte protective order, or protective order.
(4) A petition for an order of protection shall be in writing and verified.
(5) (a) All orders for protection shall be issued in the form adopted by the Administrative
Office of the Courts pursuant to Subsection (1).
(b) Each protective order issued, except orders issued ex parte, shall include the following
language:
"Respondent was afforded both notice and opportunity to be heard in the hearing that gave
rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322, 108 Stat.
1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District of Columbia, tribal
lands, and United States territories."
Section 35. Section 30-6-4.2 is amended to read:
30-6-4.2. Protective orders -- Ex parte protective orders -- Modification of orders --
Service of process -- Duties of the court.
(1) If it appears from a petition for an order for protection or a petition to modify an order
for protection that domestic violence or abuse has occurred or a modification of an order for
protection is required, a court may:
(a) without notice, immediately issue an order for protection ex parte or modify an order for
protection ex parte as it considers necessary to protect the petitioner and all parties named to be

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protected in the petition; or
(b) upon notice, issue an order for protection or modify an order after a hearing, whether or
not the respondent appears.
(2) A court may grant the following relief without notice in an order for protection or a
modification issued ex parte:
(a) enjoin the respondent from threatening to commit or committing domestic violence or
abuse against the petitioner and any designated family or household member;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
communicating with the petitioner, directly or indirectly;
(c) order that the respondent is excluded from the petitioner's residence and its premises, and
order the respondent to stay away from the residence, school, or place of employment of the
petitioner, and the premises of any of these, or any specified place frequented by the petitioner and
any designated family or household member;
(d) upon finding that the respondent's use or possession of a weapon may pose a serious
threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
firearm or other weapon specified by the court;
(e) order possession and use of an automobile and other essential personal effects, and direct
the appropriate law enforcement officer to accompany the petitioner to the residence of the parties
to ensure that the petitioner is safely restored to possession of the residence, automobile, and other
essential personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
(f) grant temporary custody of any minor children to the petitioner;
(g) order any further relief that the court considers necessary to provide for the safety and
welfare of the petitioner and any designated family or household member; and
(h) if the petition requests child support or spousal support, at the hearing on the petition
order both parties to provide verification of current income, including year-to-date pay stubs or
employer statements of year-to-date or other period of earnings, as specified by the court, and
complete copies of tax returns from at least the most recent year.

- 56 -

(3) A court may grant the following relief in an order for protection or a modification of an
order after notice and hearing, whether or not the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for visitation of any minor child by the respondent and require
supervision of that visitation by a third party or deny visitation if necessary to protect the safety of
the petitioner or child.
(4) Following the protective order hearing, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the order for protection is understood by the
petitioner, and the respondent, if present;
(c) transmit, by the end of the next business day after the order is issued, a copy of the order
for protection to the local law enforcement agency or agencies designated by the petitioner; and
(d) transmit a copy of the order to the statewide domestic violence network described in
Section 30-6-8.
[(6)] (5) (a) Each protective order shall include two separate portions, one for provisions,
the violation of which are criminal offenses, and one for provisions, the violation of which are civil
violations, as follows:
(i) criminal offenses are those under Subsections 30-6-4.2(2)(a) through (e), and under
Subsection 30-6-4.2(3)(a) as it refers to Subsections 30-6-4.2(2)(a) through (e); and
(ii) civil offenses are those under Subsections 30-6-4.2(2)(f) through (h), and Subsection
30-6-4.2(3)(a) as it refers to Subsections 30-6-4.2(2)(f) through (h).
(b) The criminal provision portion shall include a statement that violation of any criminal
provision is a class A misdemeanor.
(c) The civil provision portion shall include a notice that violation of or failure to comply
with a civil provision is subject to contempt proceedings.
[(7)] (6) The protective order shall include:
(a) a designation of a specific date, determined by the court, when the civil portion of the
protective order either expires or is scheduled for review by the court, which date may not exceed

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150 days after the date the order is issued, unless the court indicates on the record the reason for
setting a date beyond 150 days;
(b) information the petitioner is able to provide to facilitate identification of the respondent,
such as social security number, driver license number, date of birth, address, telephone number, and
physical description; and
(c) a statement advising the petitioner that:
(i) after three years from the date of issuance of the protective order, a hearing may be held
to dismiss the criminal portion of the protective order;
(ii) the petitioner should, within the 30 days prior to the end of the three-year period, advise
the court of the petitioner's current address for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent.
[(8)] (7) Child support and spouse support orders issued as part of a protective order are
subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding,
and Title 62A, Chapter 11, Part 5, Universal Income Withholding - Non IV-D Obligees, except when
the protective order is issued ex parte.
[(9)] (8) (a) The county sheriff that receives the order from the court, pursuant to Subsection
(5)(a), shall provide expedited service for orders for protection issued in accordance with this
chapter, and shall transmit verification of service of process, when the order has been served, to the
statewide domestic violence network described in Section 30-6-8.
(b) This section does not prohibit any law enforcement agency from providing service of
process if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency is possible;
or
(ii) determines that under the circumstances, providing service of process on the respondent
is in the best interests of the petitioner.
[(10)] (9) (a) When an order is served on a respondent in a jail or other holding facility, the
law enforcement agency managing the facility shall make a reasonable effort to provide notice to the
petitioner at the time the respondent is released from incarceration.

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(b) Notification of the petitioner shall consist of a good faith reasonable effort to provide
notification, including mailing a copy of the notification to the last-known address of the victim.
[(11)] (10) (a) A court may modify or vacate an order of protection or any provisions in the
order after notice and hearing, except as limited under Subsection (b).
(b) Criminal provisions of a protective order may not be vacated within three years of
issuance unless the petitioner:
(i) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules
of Civil Procedure, and the petitioner personally appears before the court and gives specific consent
to the vacation of the criminal provisions of the protective order; or
(ii) submits a verified affidavit, stating agreement to the vacation of the criminal provisions
of the protective order.
[(12)] (11) A protective order may be modified without a showing of substantial and material
change in circumstances.
[(13)] (12) Insofar as the provisions of this chapter are more specific than the Utah Rules of
Civil Procedure, regarding protective orders, the provisions of this chapter govern.
Section 36. Section 31A-3-103 is amended to read:
31A-3-103. Fees.
(1) The fees charged by the department shall be set by the Legislature as part of the
appropriation process. [Until the Legislature sets the department's fees under the appropriation
process, the fees set forth under former Section 31-14-1 apply.]
(2) As part of his annual budget request, the commissioner shall recommend any fee
schedule changes to conform the fees to the standards under Subsection (4). Amendments to the fees
charged by the department shall be made by the Legislature at the time it sets the department's
annual appropriation. The fee schedule approved by the Legislature does not lapse at the time of
each annual appropriation, but continues in force until amended by the Legislature.
(3) The commissioner shall separately publish the schedule of fees approved by the
Legislature and make it available upon request for $1 per copy. This fee schedule shall also be
included in any compilation of rules promulgated by the commissioner.

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(4) (a) Fees shall be set and collected for services provided by the department. "Services"
include issuing and renewing licenses and certificates of authority, filing policy forms, reporting
agent appointments and terminations, filing annual statements, and other functions that are
reasonable and necessary to enable the commissioner to perform the duties imposed by the Insurance
Code.
(b) The fees shall be sufficient to provide adequate funds to ensure the payment of expenses
under Subsection 31A-3-101(1). The fees may not be excessive. The fees are excessive and shall
be equitably reduced if the Insurance Department collects more than 120% of its annual
appropriation.
(c) Fees related to the renewal of licenses may be imposed no more frequently than once
each year.
(5) The commissioner shall, by rule, establish the deadlines for payment of each of the
various fees.
Section 37. Section 31A-6a-107 is amended to read:
31A-6a-107. Cancellation of reimbursement insurance.
The issuer of a reimbursement insurance policy may not cancel the policy until a notice of
cancellation in accordance with Section 31A-21-303, 31A-21-304, or [31-21-305] 31A-21-305 has
been mailed or delivered to the commissioner and to each insured provider. The cancellation of a
reimbursement policy may not reduce the issuer's responsibility for service contracts issued by
providers prior to the date of the cancellation.
Section 38. Section 31A-8-105.5 is amended to read:
31A-8-105.5. Primary care physicians.
With [regards] regard to participating providers who are physicians who are members of the
American College of Obstetrics and Gynecology, organizations operating under this chapter shall:
(1) permit a female enrollee to receive at least one outpatient examination per year from the
enrollee's choice of one of those participating providers. An organization may not require the
enrollee to receive a preapproval, preauthorization, or referral from the enrollee's primary care
physician before receiving this examination; and

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(2) clearly state in the organization's health benefit plan literature that enrollees may seek
the care described in Subsection (1) without preapproval, preauthorization, or referral from the
patient's primary care physician.
Section 39. Section 31A-9-106 is amended to read:
31A-9-106. Miscellaneous provisions.
Sections 31A-5-105[,] and 31A-5-106[, and 31A-5-107] apply to fraternals.
Section 40. Section 31A-11-104 is amended to read:
31A-11-104. Applicability of other portions of the Insurance Code.
In addition to this chapter, motor clubs are subject to the applicable sections of Chapters 1,
2, 4, 16, 21, 22, 26, and 27, Part I of Chapter 3, Parts I, III, and IV of Chapter 23, and Section
31A-23-214. Sections 31A-14-204 and 31A-14-216 apply to nondomestic motor clubs. Section
31A-5-401 applies to domestic motor clubs. Sections 31A-5-105, 31A-5-106, [31A-5-107,] and
31A-5-216 apply to both domestic and nondomestic motor clubs. Both domestic and nondomestic
motor clubs are subject to the Insurance Department fees under Section 31A-3-103. Other
provisions of the Insurance Code apply to motor clubs only as specifically provided in this chapter.
Section 41. Section 31A-11-112 is amended to read:
31A-11-112. Bail for traffic violations.
(1) Any insurance company that has qualified to transact a surety business in Utah may
contract to become surety for any guaranteed arrest bond certificates issued by it or by a motor club,
by filing with the commissioner an undertaking to become surety. The undertaking shall be in a
form prescribed by the commissioner and shall state the following:
(a) The name and address of the motor club or clubs issuing the guaranteed arrest bond
certificates on which the company will be surety, and whether the motor club will issue the
certificates itself.
(b) The unqualified obligation of the company to be surety to pay, up to a specified dollar
amount, the fine or forfeiture of any person who fails to make an appearance to answer the charges
for which the guaranteed arrest bond certificate is posted.
(2) Any guaranteed arrest bond certificate under Subsection (1), when posted by the

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signatory, shall be accepted in lieu of cash bail or other bond in an amount not exceeding the dollar
amount specified under Subsection (1)(b), to guarantee the appearance of the person when required
by any court in Utah when the person is arrested for violation of any Utah motor vehicle law, or any
motor vehicle ordinance of any Utah municipality, except for driving under the influence of drugs
or intoxicating liquors or for any felony. Any law enforcement officer who issues a citation to an
operator of a vehicle who has a valid guaranteed arrest bond certificate in his possession shall obtain
the necessary information for the arrest citation, and if the guaranteed arrest bond certificate covers
the fine for the violation, the officer shall release the vehicle and operator after serving the citation
and receiving the guaranteed arrest bond from the operator. The officer shall deliver the guaranteed
arrest bond to the appropriate court to be held as a bail bond.
(3) A guaranteed arrest bond certificate posted as a bail bond in a Utah court is subject to
the forfeiture and enforcement provisions which govern bail bonds in criminal cases. A guaranteed
arrest bond certificate posted as a bail bond in a Utah [circuit or] justice court is subject to the
forfeiture and enforcement provisions of the charter or ordinance of the particular municipality
which pertains to bail bonds.
(4) No motor club may agree to exonerate or indemnify an authorized surety issuing
guaranteed arrest bonds under Subsection (1) for losses in connection with these bonds.
Section 42. Section 31A-22-1301 is amended to read:
31A-22-1301. Liability insurance for contract security companies.
Section [53-5-415] 58-63-302 applies to liability insurance for [armed] contract security
[guards] companies.
Section 43. Section 31A-22-1302 is amended to read:
31A-22-1302. Insurance requirements for vehicles of unusual physical nature.
Section [27-12-155] 27-17-103 applies to the insurance requirements for vehicles of an
unusual physical nature.
Section 44. Section 31A-23-205 is amended to read:
31A-23-205. Character requirements.
Each applicant for a license under this chapter shall show to the commissioner that:

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(1) the applicant has the intent in good faith, to engage in the type of business that the license
applied for would permit;
(2) if a natural person, the applicant is competent and trustworthy; or, if the applicant is an
agency, all the partners, directors, or principal officers or persons having comparable powers are
trustworthy, and that it will transact business in such a way that all acts that may only be performed
by a licensed agent, managing general agent, broker, surplus lines broker, or consultant are
performed exclusively by natural persons who are licensed under this chapter to transact that type
of business and listed on the [organization's] agency's license under Subsection 31A-23-212(1)(d);
(3) the applicant intends to comply with Section 31A-23-402; and
(4) if a natural person, the applicant is at least 18 years of age.
Section 45. Section 31A-28-107 is amended to read:
31A-28-107. Board of directors.
(1) (a) The board of directors of the association shall consist of at least five but not more
than nine member insurers serving terms of four years each.
(b) The members of the board shall be selected by member insurers, subject to the approval
of the commissioner. When a vacancy occurs in the membership for any reason, the replacement
shall be elected for the unexpired term by a majority vote of the remaining board members, subject
to the approval of the commissioner.
(c) In approving selections or in appointing members to the board, the commissioner shall
consider, among other things, whether all member insurers are fairly represented.
(d) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the time
of election or reelection, adjust the length of terms to ensure that the terms of board members are
staggered so that approximately half of the board is selected every two years.
[(3)] (2) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 from the
assets of the association.
(b) Members may decline to receive per diem and expenses for their service.

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Section 46. Section 31A-28-206 is amended to read:
31A-28-206. Board of directors.
(1) (a) The board of directors of the association consists of not less than five nor more than
nine members, serving terms of four years each.
(b) The members of the board shall be selected by member insurers, subject to the
commissioner's approval. When a vacancy occurs in the membership for any reason, the replacement
shall be elected for the unexpired term by a majority vote of the remaining board members, subject
to the commissioner's approval.
(c) In approving selections or in appointing members to the board, the commissioner shall
consider whether all member insurers are fairly represented.
(d) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the time
of election or reelection, adjust the length of terms to ensure that the terms of board members are
staggered so that approximately half of the board is selected every two years.
[(3)] (2) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 from the
assets of the association.
(b) Members may decline to receive per diem and expenses for their service.
Section 47. Section 31A-30-110 is amended to read:
31A-30-110. Enrollment cap and length of enrollment windows.
(1) (a) The commissioner shall set the open enrollment cap at .5% on January 1, 1996.
(b) The commissioner shall raise the open enrollment cap by .5% at the later of the following
dates:
(i) 12 months from [the effective date of this act] May 1, 1995, or the last increase in the
open enrollment cap; or
(ii) the date when [(CCI+CCS)/(TS+TI)] is greater than .90, where:
(A) "CCI" is the total individual coverage count for all carriers certifying that their
uninsurable percentage has reached the open enrollment cap;

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(B) "CCS" is the total small employer coverage count for all carriers certifying that their
uninsurable percentage has reached the open enrollment cap;
(C) "TI" is the total individual coverage count for all carriers; and
(D) "TS" is the total small employer coverage count for all carriers.
(c) Eligible employees hired after a covered carrier has met its open enrollment cap are
eligible for open enrollment in accordance with Section 31A-30-108 until the covered carrier
certifies that its uninsurable percentage equals or exceeds the open enrollment cap plus .5%.
(d) Open enrollment applicants who participated in the Comprehensive Health Insurance
Pool prior to December 31, 1995, are eligible for open enrollment in accordance with Section
31A-30-108 until the covered carrier certifies that the number of individuals it has insured under this
subsection equals the HIP count maximum as defined in Subsection 31A-30-103(16).
(e) Uninsurable open enrollment applicants to whom Subsection (c) or (d) do not apply, are
eligible for open enrollment in accordance with Section 31A-30-108 until the covered carrier has
certified that its uninsurable percentage equals or exceeds the open enrollment cap.
(f) Notwithstanding the provisions of Subsections (c) through (e), the commissioner may
establish a minimum uninsurable coverage count that carriers entering the market who are subject
to this chapter must accept under the open enrollment provisions of this chapter.
(g) (i) From May 1, 1997 until April 30, 1998 covered carriers may decline to accept
individuals applying for open enrollment as individuals if UCI/(CS+CI) for that carrier equals or
exceeds .25%.
(ii) For purposes of this subsection:
(A) "CS" and "CI" have the same meaning as defined in Subsection 31A-30-103(30); and
(B) "UCI" means an individual classified as uninsurable at enrollment who was issued an
individual policy and covered on or after May 1, 1997.
(h) When the covered carrier has certified that its uninsurable percentage equals or exceeds
the open enrollment cap, the carrier may decline to accept individuals from the Comprehensive
Health Insurance Pool and under the open enrollment provisions of Subsection 31A-30-108(3).
(2) An officer of the carrier shall certify to the commissioner when it has met the open

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enrollment cap or the HIP count maximum. The commissioner shall by rule establish the contents
of the certification.
(3) The department may audit a carrier's records to verify whether the carrier's uninsurable
classification meets industry standards for underwriting criteria as established by the commissioner
in accordance with Subsection 31A-30-106(1)(k).
(4) (a) On or before July 1, 1997, and each July 1 thereafter, the commissioner:
(i) shall report to the Utah Health Policy Commission on the distribution of risks assumed
by various carriers in the state under the open enrollment provision of this part; and
(ii) may make recommendations to the Utah Health Policy Commission and the Legislature
regarding the adjustment of the .5% cap on open enrollment or some other risk adjustment to
maintain equitable distribution of risk among carriers.
(b) For the first 36 months after the effective date, as described in Section [31A-30-114]
31A-30-113, of each open enrollment provision of this act, if the commissioner determines that open
enrollment is causing a substantial adverse effect on premiums, enrollment, or experience, the
commissioner may suspend, limit, or delay further open enrollment for up to 12 months.
(5) (a) On or before November 30, 1995, the commissioner shall report to the Health Policy
Commission and the Legislature on:
(i) the impact of the Small Employer Health Insurance Act on availability of small employer
insurance in the market;
(ii) the number of carriers who have withdrawn from the market or ceased to issue new
policies since the implementation of the Small Employer Health Insurance Act;
(iii) the expected impact of the open enrollment provisions on the factors described in
Subsections (i) and (ii); and
(iv) the claims experience, costs, premiums, participation, and viability of the
Comprehensive Health Insurance Pool created in Chapter 29.
(b) The report to the Legislature shall be submitted in writing to each legislator.
Section 48. Section 31A-34-104 (Repealed 07/01/99) is amended to read:
31A-34-104 (Repealed 07/01/99). Alliance -- Required license.

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(1) A person must be licensed as an alliance pursuant to this chapter to directly or indirectly
make available or otherwise arrange for health insurance through multiple unaffiliated insurers
through the use of coordinated actuarial models, coordinated underwriting, or coordinated marketing
methodologies.
(2) (a) A person may not hold itself out as a health insurance purchasing alliance, purchasing
alliance, health insurance purchasing cooperative, purchasing cooperative, or otherwise use a similar
name unless licensed by the commissioner as an alliance.
(b) Notwithstanding Subsection (a), a person may hold itself out as a voluntary health
insurance purchasing association without being licensed by the commissioner as provided in Section
[31A-33-5] 31A-34-105.
(3) To apply for licensure as an alliance, a person shall complete an application in a form
designated by the commissioner and file it with the commissioner, together with the applicable filing
fees determined by the commissioner under Section 63-38-3.2.
Section 49. Section 34-19-2 is amended to read:
34-19-2. Injunctive relief prohibited in certain cases.
No court, nor any judge or judges of it, shall have jurisdiction to issue any restraining order
or temporary or permanent injunction which in specific or general terms prohibits any person or
persons from doing, whether singly or in concert, any of the following acts:
(1) ceasing or refusing to perform any work or to remain in any relation of employment
regardless of any promise, undertaking, contract or agreement to do such work or to remain in such
employment;
(2) becoming or remaining a member of any labor organization or of any employer
organization, regardless of any such undertaking or promise as is described in Section 34-19-3;
(3) paying or giving to or withholding from any person any strike or unemployment benefits
or insurance or other moneys or things of value;
(4) by all lawful means aiding any person who is being proceeded against in or is
prosecuting any action or suit in any court of the United States or of any state;
(5) giving publicity to and obtaining or communicating information regarding the existence

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of or the facts involved in any dispute, whether by advertising, speaking, patrolling any public street
or any place where any person or persons may lawfully be, without intimidation or coercion, or by
any other method not involving fraud, violence, breach of the peace, or threat of same;
(6) ceasing to patronize or to employ any person or persons;
(7) assembling peaceably to do or to organize to do any of the acts heretofore specified or
to promote lawful interests;
(8) advising or notifying any person or persons of an intention to do any of the acts
heretofore specified;
(9) agreeing with other persons to do or not to do any of the acts heretofore specified;
(10) advising, urging, or inducing without fraud, violence, or threat of same, others to do the
acts heretofore specified, regardless of any such undertaking or promise as is described in Section
[34-39-13] 34-19-3;
(11) doing any act or thing which might lawfully be done in the absence of labor dispute by
any party thereto; or
(12) doing in concert any or all of the acts heretofore specified on the ground that the
persons engaged therein constitute an unlawful combination or conspiracy.
Section 50. Section 34-41-104 is amended to read:
34-41-104. Requirements for identification, collection, and testing of samples.
(1) The local governmental entity or state institution of higher education shall ensure that:
(a) all sample collection under this chapter is performed by an entity independent of the local
government or state institution of higher education;
(b) all testing for drugs under this chapter is performed by an independent laboratory
certified for employment drug testing by either the Substance Abuse and Mental Health Services
Administration or the College of American Pathology;
(c) the instructions, chain of custody forms, and collection kits, including bottles and seals,
used for sample collection are prepared by an independent laboratory certified for employment drug
testing by either the Substance Abuse and Mental Health Services Administration or the College of
American Pathology; and

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(d) sample collection and testing for drugs under this chapter is in accordance with the
conditions established in this section.
(2) The local governmental entity or state institution of higher education may:
(a) require samples from its employees, volunteers, prospective employees, or prospective
volunteers;
(b) require presentation of reliable identification to the person collecting the samples; and
(c) in order to dependably test for the presence of drugs, designate the type of sample to be
used for testing.
(3) The local governmental entity or state institution of higher education shall ensure that
its ordinance or policy requires that:
(a) the collection of samples is performed under reasonable and sanitary conditions;
(b) samples are collected and tested:
(i) to ensure the privacy of the individual being tested; and
(ii) in a manner reasonably calculated to prevent substitutions or interference with the
collection or testing of reliable samples;
(c) sample collection is appropriately documented to ensure that:
(i) samples are labeled and sealed so as reasonably to preclude the probability of erroneous
identification of test results; and
(ii) employees, volunteers, prospective employees, or prospective volunteers have the
opportunity to provide notification of any information:
(A) that that person considers relevant to the test, including identification of currently or
recently used prescription or nonprescription drugs or other relevant medical information; and
(B) in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101
through 12213;
(d) sample collection, storage, and transportation to the place of testing are performed in a
manner that reasonably precludes the probability of sample misidentification, contamination, or
adulteration; and
(e) sample testing conforms to scientifically accepted analytical methods and procedures.

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(4) Before the result of any test may be used as a basis for any action by a local
governmental entity or state institution of higher education under Section 34-41-105, the local
governmental entity or state institution of higher education shall verify or confirm any positive initial
screening test by gas chromatography, gas chromatography-mass spectroscopy, or other comparably
reliable analytical methods and shall provide that the employee, prospective employee, volunteer,
or prospective volunteer be notified as soon as possible by telephone or in writing at the last-known
address or telephone number of the result of the initial test, if it is positive, and told of his option to
have the 15 ml urine sample tested, at an expense equally divided between the donor and the
employer. In addition to the initial test results, the test results of the 15 ml urine sample shall be
considered at any subsequent disciplinary hearing if the requirements of this section and Section
34-41-104 have been complied with in the collection, handling, and testing of these samples.
(5) Any drug testing by a local governmental entity or state institution of higher education
shall occur during or immediately after the regular work period of the employee or volunteer and
shall be considered as work time for purposes of compensation and benefits.
(6) The local governmental entity or state institution of higher education shall pay all costs
of sample collection and testing for drugs required under its ordinance or policy, including the costs
of transportation if the testing of a current employee or volunteer is conducted at a place other than
the workplace.
Section 51. Section 35A-1-201 (Effective 07/01/97) is amended to read:
35A-1-201 (Effective 07/01/97). Executive director -- Appointment -- Removal --
Compensation -- Qualifications -- Responsibilities -- Deputy directors -- Reports.
(1) (a) The chief administrative officer of the department is the executive director, who shall
be appointed by the governor with the advice and consent of the Senate.
(b) The executive director serves at the pleasure of the governor.
(c) The executive director shall receive a salary established by the governor within the salary
range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(d) The executive director shall be experienced in administration, management, and
coordination of complex organizations.

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(2) The executive director shall:
(a) administer and supervise the department in compliance with Title 67, Chapter 19, Utah
State Personnel Management Act;
(b) supervise and coordinate between the regional workforce services areas and regional
directors created under [Part] Chapter 2, Regional Workforce Services Areas;
(c) coordinate policies and program activities conducted through the divisions and regional
workforce services areas of the department;
(d) approve the proposed budget of each division, the Workforce Appeals Board, and each
regional workforce services area within the department;
(e) approve all applications for federal grants or assistance in support of any department
program; and
(f) fulfill such other duties as assigned by the Legislature or as assigned by the governor that
are not inconsistent with this title.
(3) The executive director may appoint deputy or assistant directors to assist the executive
director in carrying out the department's responsibilities.
(4) (a) The executive director shall report annually to the Legislature and the governor
concerning the operations of the department and the programs that the department administers.
(b) If federal law requires that a report to the governor or Legislature be given concerning
the department or a program administered by the department, the executive director or the executive
director's designee shall make that report.
(5) The executive director shall at least annually provide for the sharing of information
between the advisory councils established under this title.
Section 52. Section 35A-3-107 (Effective 07/01/97) is amended to read:
35A-3-107 (Effective 07/01/97). Appointment of workers' compensation advisory
council -- Composition -- Terms of members -- Duties -- Compensation.
(1) The executive director of the department shall appoint a workers' compensation advisory
council composed of:
(a) the following voting members:

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(i) five employer representatives; and
(ii) five employee representatives; and
(b) the following nonvoting members:
(i) three members, one representing the Workers' Compensation Fund of Utah, one
representing a private insurance carrier, and one representing health care providers;
(ii) the Utah insurance commissioner;
(iii) each member of the Workforce Appeals Board; and
(iv) the executive director or the executive director's designee.
[(3)] (2) Employers and employees shall consider nominating members of groups who
historically may have been excluded from the council, such as women, minorities, and individuals
with disabilities.
[(4)] (3) (a) Except as required by Subsection [(4)] (3)(b), as terms of current council
members expire, the executive director shall appoint each new member or reappointed member to
a four-year term beginning July 1 and ending June 30.
(b) Notwithstanding the requirements of Subsection [(4)] (3)(a), the executive director shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
council members are staggered so that approximately half of the council is appointed every two
years.
[(5)] (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
be appointed for the unexpired term.
(b) The executive director shall terminate the terms of any council member who ceases to
be representative as designated by his original appointment.
[(6)] (5) The council shall confer at least quarterly for the purpose of advising the
department, the Division of Labor, Safety, and Program Regulation, and the Legislature on the Utah
workers' compensation and occupational disease laws, the administration of them, and related rules.
[(7)] (6) The council shall offer advice on issues requested by the department, the Division
of Labor, Safety, and Program Regulation, the State Council on Workforce Services, and the
Legislature and also make recommendations to the department and the Division of Labor, Safety,

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and Program Regulation regarding workers' compensation, rehabilitation, and reemployment of
employees who are disabled because of an industrial injury or occupational disease.
[(8)] (7) The executive director or the executive director's designee shall serve as the chair
of the council and call the necessary meetings.
[(9)] (8) The department shall provide staff support to the council.
[(10)] (9) (a) (i) Members who are not government employees shall receive no compensation
or benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 53. Section 35A-3-308 (Effective 07/01/97) is amended to read:
35A-3-308 (Effective 07/01/97). Actions to set aside orders.
(1) (a) Any employer or other person in interest, being dissatisfied with any order of the
department requiring protection of life, health, safety, or welfare of employees in any employment
or places of employment, may commence an action against the department as defendant in the
district court of the county where the property, plant or place of employment affected by the order
lies, to set aside, vacate or amend any such order, on the ground that the order is unreasonable or
unlawful, and the district court is vested with exclusive original jurisdiction to hear and determine
such action.
(b) The department shall be served with summons as in other civil actions.
(c) The answer of the department shall be filed within ten days after service of summons
upon it, and with its answer it shall file a certified transcript of its record in such matter. Upon the

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filing of the answer the action shall be at issue, and shall be assigned for trial by the court, upon the
application of either party, at the earliest possible date.
(2) If upon the trial of the action it shall appear that all issues arising in the action have not
been presented to the department in the petition filed as provided in [Section 35A-1-120] Subsection
35A-3-306(2), or that the department has not had ample opportunity to hear and determine any of
the issues raised in the action, or for any reason has not in fact heard and determined the issues
raised, the court shall, unless the parties to the action stipulate to the contrary, before proceeding to
render judgment transmit to the department a full statement of the issue or issues not adequately
considered, and shall stay further proceedings in such action for 15 days from the date of the
transmittal, and may thereafter grant further stays as may be necessary.
(3) Upon the receipt of statement issued under Subsection (2), the department shall consider
the issues not previously considered, and may alter, modify, amend, or rescind its order complained
of, and shall report its order to the court, within ten days from the receipt of the statement from the
court, for further hearing and consideration. The court shall then order the pleadings to be amended
so as to raise the issues resulting from the alteration, modification, amendment, or rescission of the
department's order, and shall proceed with the action in the manner provided by law for other civil
actions.
Section 54. Section 35A-4-104 (Effective 07/01/97) is amended to read:
35A-4-104 (Effective 07/01/97). Violations of chapter -- Penalties.
(1) (a) Any person who makes a false statement or representation knowing it to be false or
knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under
this chapter or under the Unemployment Compensation Law of any state or of the Federal
Government, either for himself or for any other person, is guilty of a class A misdemeanor.
(b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (1)
shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
(c) Each false statement or representation or failure to disclose a material fact constitutes a
separate offense.
(2) (a) Any employing unit or any officer or agent of an employing unit or any other person

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who makes a false statement or representation knowing it to be false, or who knowingly fails to
disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled
thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any contribution
or other payment required from an employing unit under this chapter or under the Unemployment
Compensation Law of any state or of the federal government, or who willfully fails or refuses to
make any such contributions or other payment or to furnish any reports required in this chapter or
to produce or permit the inspection or copying of records as required hereunder is guilty of a class
A misdemeanor.
(b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (2)
shall be not less than $50 and a penalty of imprisonment shall be for not longer than 60 days.
(c) Each false statement or representation or failure to disclose a material fact, and each day
of the failure or refusal constitutes a separate offense.
(3) (a) Any person who willfully violates any provision of this chapter or any order[,] or
rule[,] made under this chapter, the violation of which is made unlawful or the observance of which
is required under the terms of this chapter, and for which a penalty is neither prescribed in this
chapter nor provided by any other applicable statute is guilty of a class A misdemeanor.
(b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (3)
shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
(c) Each day a violation continues shall be a separate offense.
(4) (a) If any employee of the department, in violation of Subsection 35A-4-502(7), makes
any disclosure of information obtained from any employing unit or individual in the administration
of this chapter, or if any person who has obtained any list of applicants for work, or of claimants or
recipients of benefits, under this chapter shall use or permit the use of such list for any political
purpose, he is guilty of a class A misdemeanor.
(b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (4)
shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
Section 55. Section 35A-6-202 (Effective 07/01/97) is amended to read:
35A-6-202 (Effective 07/01/97). Standards -- Procedure for issuance, modification, or

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revocation by division -- Emergency temporary standard -- Variances from standards --
Statement of reasons for administrator's actions -- Judicial review -- Priority for establishing
standards.
(1) The division, as soon as practicable, shall issue as standards any national consensus
standard, any adopted federal standard, or any adopted Utah standard, unless it determines that
issuance of the standard would not result in improved safety or health. All codes, standards, and
rules adopted under this subsection shall take effect 30 days after publication unless otherwise
specified. If any conflict exists between standards, the division shall issue the standard which
assures the greatest protection of safety or health for affected employees.
(2) The division may issue, modify, or revoke any standard as follows:
(a) Whenever the administrator determines upon the basis of information submitted in
writing by an interested person, a representative of any organization of employers or employees, a
nationally recognized standards-producing organization, the Department of Health and Department
of Environmental [Sciences] Quality, or a state agency or political subdivision, or on information
developed by the division or otherwise available, that a rule should be promulgated to promote the
objectives of this chapter, he may request recommendations from the advisory council. The
administrator shall provide the advisory council with proposals, together with all pertinent factual
information developed by the division, or otherwise available, including the results of research,
demonstrations, and experiments. The advisory council shall submit to the administrator its
recommendations regarding the rule to be promulgated within a period as prescribed by the
administrator.
(b) The division shall publish a proposed rule issuing, modifying, or revoking an
occupational safety or health standard and shall afford interested parties an opportunity to submit
written data or comments as prescribed by Title 63, Chapter 46a, Utah Administrative Rulemaking
Act. When the administrator determines that a rule should be issued, it shall publish the proposed
rule after the submission of the advisory council's recommendations or the expiration of the period
prescribed by the administrator for submission.
(c) The administrator, in issuing standards for toxic materials or harmful physical agents

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under this subsection, shall set the standard which most adequately assures, to the extent feasible,
on the basis of the best available evidence, that no employee will suffer material impairment of
health or functional capacity even if the employee has regular exposure to the hazard during his
working life. Development of standards under this subsection shall be based upon research,
demonstrations, experiments, and other information deemed appropriate. In addition to the
attainment of the highest degree of health and safety protection for the employee, other
considerations shall be the latest available scientific data in the field, the feasibility of the standards,
and experience under this and other health and safety laws. Whenever practicable, the standard shall
be expressed in terms of objective criteria and of the performance desired.
(d) (i) Any employer may apply to the administrator for a temporary order granting a
variance from a standard issued under this section. Temporary orders shall be granted only if the
employer:
(A) files an application which meets the requirements of Subsection (2)(d)(iv);
(B) establishes that he is unable to comply with a standard by its effective date because of
unavailability of professional or technical personnel or of materials and equipment needed for
compliance with the standard or because necessary construction or alteration of facilities cannot be
completed by the effective date;
(C) establishes that he is taking all available steps to safeguard his employees against
hazards; and
(D) establishes that he has an effective program for compliance as quickly as practicable.
(ii) Any temporary order shall prescribe the practices, means, methods, operations, and
processes which the employer must adopt and use while the order is in effect and state in detail his
program for compliance with the standard. A temporary order may be granted only after notice to
employees and an opportunity for a public hearing; provided, that the administrator may issue one
interim order effective until a decision is made after public hearing.
(iii) No temporary order may be in effect longer than the period reasonably required by the
employer to achieve compliance. In no case shall the period of a temporary order exceed one year.
(iv) An application for a temporary order under Subsection (2)(d) shall contain:

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(A) a specification of the standard or part from which the employer seeks a variance;
(B) a representation by the employer, supported by representations from qualified persons
having first-hand knowledge of the facts represented, that he is unable to comply with the standard
or some part of the standard and a detailed statement of the reasons the employer is unable to
comply;
(C) a statement of the measures taken and anticipated with specific dates, to protect
employees against the hazard;
(D) a statement of when he expects to comply with the standard and what measures he has
taken and those anticipated, giving specific dates for compliance; and
(E) a certification that he has informed his employees of the application by giving a copy
to their authorized representative, posting a statement giving a summary of the application and
specifying where a copy may be examined at the place or places where notices to employees are
normally posted, and by other appropriate means.
(v) The certification required under Subsection (2)(d)(iv) shall contain a description of how
employees have been informed. The information to employees required under Subsection (2)(d)(v)
shall inform the employees of their right to petition the department for a hearing.
(vi) The administrator is authorized to grant a variance from any standard or some part of
the standard whenever he determines that it is necessary to permit an employer to participate in a
research and development project approved by the administrator to demonstrate or validate new and
improved techniques to safeguard the health or safety of workers.
(e) (i) Any standard issued under this subsection shall prescribe the use of labels or other
forms of warning necessary to ensure that employees are apprised of all hazards, relevant symptoms
and emergency treatment, and proper conditions and precautions of safe use or exposure. Where
appropriate, a standard shall prescribe suitable protective equipment and control or technological
procedures for use in connection with such hazards and provide for monitoring or measuring
employee exposure at such locations and intervals, and in a manner necessary for the protection of
employees. In addition, any such standard shall prescribe the type and frequency of medical
examinations or other tests which shall be made available by the employer, or at his cost, to

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employees exposed to hazards in order to most effectively determine whether the health of
employees is adversely affected by exposure. If medical examinations are in the nature of research
as determined by the division, the examinations may be furnished at division expense. The results
of such examinations or tests shall be furnished only to the division; and, at the request of the
employee, to his physician.
(ii) The administrator may by rule make appropriate modifications in requirements for the
use of labels or other forms of warning, monitoring or measuring, and medical examinations
warranted by experience, information, or medical or technological developments acquired
subsequent to the promulgation of the relevant standard.
(f) Whenever a rule issued by the administrator differs substantially from an existing
national consensus standard, the division shall publish a statement of the reasons why the rule as
adopted will better effectuate the purposes of this chapter than the national consensus standard.
(g) Whenever a rule, standard, or national consensus standard is modified by the secretary
so as to make less restrictive the federal Williams-Steiger Occupational Safety and Health Act of
1970, said less restrictive modification shall be immediately applicable to this chapter and shall be
immediately implemented by the division.
(3) (a) The administrator shall provide an emergency temporary standard to take immediate
effect upon publication if he determines that:
(i) employees are exposed to grave danger from exposure to substances or agents determined
to be toxic or physically harmful or from new hazards; and
(ii) that the standard is necessary to protect employees from danger.
(b) An emergency standard shall be effective until superseded by a standard issued in
accordance with the procedures prescribed in Subsection (3)(c).
(c) Upon publication of an emergency standard the division shall commence a proceeding
in accordance with Subsection (2) and the standard as published shall serve as a proposed rule for
the proceedings. The division shall issue a standard under Subsection (3) no later than 120 days after
publication of the emergency standard.
(4) (a) Any affected employer may apply to the division for a rule or order for a variance

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from a standard issued under this section. Affected employees shall be given notice of each
application and may participate in a hearing. The administrator shall issue such rule or order if he
determines on the record, after opportunity for an inspection where appropriate and a hearing, that
the proponent of the variance has demonstrated by a preponderance of the evidence that the
conditions, practices, means, methods, operations, or processes used or proposed to be used by an
employer will provide employment and a workplace to his employees which are as safe and healthful
as those which would prevail if he complied with the standard.
(b) The rule or order issued under Subsection (4)(a) shall prescribe the conditions the
employer must maintain, and the practices, means, methods, operations and processes which he must
adopt and utilize to the extent they differ from the standard in question.
(c) A rule or order issued under Subsection (4)(a) may be modified or revoked upon
application by an employer, employees, or by the administrator on its own motion, in the manner
prescribed for its issuance under Subsection (4) at any time after six months from its issuance.
(5) Whenever the administrator issues any code, standard, rule, order, or grants any
exemption or extension of time, or compromises, mitigates, or settles any penalty assessed under this
chapter, he shall include a statement of the reasons for his action.
(6) Any person adversely affected by a standard issued under this section, at any time prior
to 60 days after a standard is issued, may file a petition challenging its validity with the district court
having jurisdiction for judicial review. A copy of the petition shall be served upon the division by
the petitioner. The filing of a petition shall not, unless otherwise ordered by the court, operate as a
stay of the standard. The determinations of the division shall be conclusive if supported by
substantial evidence on the record as a whole.
(7) In determining the priority for establishing standards under this section, the division shall
give due regard to the urgency of the need for mandatory safety and health standards for particular
industries, trades, crafts, occupations, businesses, workplaces or work environments. The
administrator shall also give due regard to the recommendations of the Department of Health and
Department of Environmental [Sciences] Quality about the need for mandatory standards in
determining the priority for establishing such standards.

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Section 56. Section 36-1-3 is amended to read:
36-1-3. Official maps of Senate districts.
(1) Following enactment of the Utah Senate districting plan established in Section 36-1-1,
the Legislature shall file with the lieutenant governor's office official maps which accurately show
the boundaries of the Senate districts as established in Section 36-1-1.
(2) Each county clerk shall obtain copies of the official maps for the clerk's county from the
lieutenant governor's office. Before all elections and pursuant to Section [17-5-212] 20A-5-303,
each county clerk shall establish the voting districts within each of the Senate districts.
(3) In questions of interpretation of district boundaries described in Section 36-1-1, the
official maps on file in the lieutenant governor's office shall serve as the indication of the legislative
intent in drawing the Senate district boundaries.
Section 57. Section 36-1-5 is amended to read:
36-1-5. Official maps of House districts.
(1) Following enactment of the Utah House of Representatives districting plan established
in Section 36-1-4, the Legislature shall file with the lieutenant governor's office official maps which
accurately show the boundaries of the house districts as established in Section 36-1-4.
(2) Each county clerk shall obtain copies of the official maps for the clerk's county from the
lieutenant governor's office. Before all elections and pursuant to Section [17-5-212] 20A-5-303,
each county clerk shall establish the voting districts within each of the House districts.
(3) In questions of interpretation of district boundaries described in Section 36-1-4, the
official maps on file in the lieutenant governor's office shall serve as the indication of the legislative
intent in drawing the House district boundaries.
Section 58. Section 38-11-202 is amended to read:
38-11-202. Payments to the fund.
The Residence Lien Recovery Fund shall be supported solely from:
(1) initial and special assessments collected by the division from licensed contractors
registered as qualified beneficiaries in accordance with Subsections 38-11-301(1) and (2) and
Section 38-11-206;

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(2) initial and special assessments collected by the division from other qualified beneficiaries
registering with the division in accordance with Subsection 38-11-301(3) and Section 38-11-206;
(3) fees determined by the division under Section 63-38-3.2 collected from laborers under
Subsection 38-11-204(5) when the laborers obtain a recovery from the fund;
(4) amounts collected by subrogation under Section 38-11-205 on behalf of the fund
following a payment from the fund;
(5) application fees determined by the division under Section 63-38-3.2 collected from
qualified beneficiaries or laborers under Subsection 38-11-204(1)(b) when qualified beneficiaries
or laborers make a claim against the fund;
(6) registration fees determined by the division under Section 63-38-3.2 collected from other
qualified beneficiaries registering with the department in accordance with Subsection
[38-11-301(3)(c)] 38-11-301(3)(a)(iii);
(7) reinstatement fees determined by the division under Section 63-38-3.2 collected from
registrants in accordance with Subsection 38-11-302(5)(b);
(8) civil fines authorized under Subsection 38-11-205(2) collected by the attorney general
for failure to reimburse the fund; and
(9) any interest earned by the fund.
Section 59. Section 39-2-1 is amended to read:
39-2-1. Members -- A body corporate -- Powers -- Expenses.
(1) (a) The State Armory Board shall consist of the governor, the chair of the State Building
Board, and the adjutant general.
(b) It shall be a body corporate with perpetual succession.
(c) It may have and use a common seal, and under the name aforesaid may sue and be sued,
and contract and be contracted with.
(d) It may take and hold by purchase, gift, devise, grant, or bequest real and personal
property required for its use.
(e) It may also convert property received by gift, devise, or bequest, and not suitable for its
uses, into other property so available, or into money.

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(2) The board shall have power to:
(a) borrow money for the purpose of erecting arsenals and armories upon the sole credit of
the real property to which it has the legal title; and
(b) may secure such loans by mortgage upon such property:
(i) the mortgaged property shall be the sole security for such loan; and
(ii) no deficiency judgment shall be made, rendered, or entered against the board upon the
foreclosure of the mortgage; provided, however, that property in one city shall not be mortgaged for
the purpose of obtaining money for the erection of armories in any other place. Said board shall be
deemed a public corporation, and its property shall be exempt from all taxes and assessments.
[(4)] (3) (a) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the board at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(b) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 60. Section 41-1a-215 is amended to read:
41-1a-215. Staggered registration dates - Exceptions.
(1) (a) Except under Subsections (2) and (3), every vehicle registration, every registration
card, and every registration plate issued under this chapter for the first registration of the vehicle in
this state, continues in effect for a period of 12 months beginning with the first day of the calendar
month of registration and does not expire until the last day of the same month in the following year.
(b) If the last day of the registration period falls on a day in which the appropriate state or
county offices are not open for business, the registration of the vehicle is extended to midnight of
the next business day.
(2) The provisions of Subsection (1) do not apply to the following:
(a) registration issued to government vehicles under Section 41-1a-221;
(b) registration issued to apportioned vehicles under Section 41-1a-301;
(c) multiyear registration issued under Section 41-1a-222;

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(d) lifetime trailer registration issued under Section 41-1a-1206;
(e) partial year registration issued under Section 41-1a-1207;
(f) vintage vehicle registration issued under Section [41-21-2] 41-1a-226; or
(g) plates issued to a dealer, dismantler, manufacturer, remanufacturer, and transporter under
Title 41, Chapter 3, Part 5, Special Dealer License Plates.
(3) (a) Upon application of the owner or lessee of a fleet of vehicles required to be registered
in this state, the State Tax Commission may permit the vehicles to be registered for a registration
period commencing on January 1 of any year and expiring on the last day of January in the following
year.
(b) "Fleet," for purposes of this subsection, means more than ten vehicles registered to the
same owner or lessee.
(4) When the expiration of a registration plate is extended by affixing a validation decal to
it, the expiration of the decal governs the expiration date of the plate.
Section 61. Section 41-6-44.10 is amended to read:
41-6-44.10. Implied consent to chemical tests for alcohol or drug -- Number of tests --
Refusal -- Warning, report -- Hearing, revocation of license -- Appeal -- Person incapable of
refusal -- Results of test available -- Who may give test -- Evidence.
(1) (a) A person operating a motor vehicle in this state is considered to have given his
consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining
whether he was operating or in actual physical control of a motor vehicle while having a blood or
breath alcohol content statutorily prohibited under Section 41-6-44 or 53-3-231, while under the
influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44, or
while having any measurable controlled substance or metabolite of a controlled substance in the
person's body in violation of Section 41-6-44.6, if the test is or tests are administered at the direction
of a peace officer having grounds to believe that person to have been operating or in actual physical
control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited under
Section 41-6-44 or 53-3-231, or while under the influence of alcohol, any drug, or combination of
alcohol and any drug under Section 41-6-44, or while having any measurable controlled substance

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or metabolite of a controlled substance in the person's body in violation of Section 41-6-44.6.
(b) (i) The peace officer determines which of the tests are administered and how many of
them are administered.
(ii) If an officer requests more than one test, refusal by a person to take one or more
requested tests, even though he does submit to any other requested test or tests, is a refusal under this
section.
(c) (i) A person who has been requested under this section to submit to a chemical test or
tests of his breath, blood, or urine, may not select the test or tests to be administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is not
a defense to taking a test requested by a peace officer, and it is not a defense in any criminal, civil,
or administrative proceeding resulting from a person's refusal to submit to the requested test or tests.
(2) (a) If the person has been placed under arrest, has then been requested by a peace officer
to submit to any one or more of the chemical tests under Subsection (1), and refuses to submit to any
chemical test requested, the person shall be warned by the peace officer requesting the test or tests
that a refusal to submit to the test or tests can result in revocation of the person's license to operate
a motor vehicle.
(b) Following the warning under Subsection (a), if the person does not immediately request
that the chemical test or tests as offered by a peace officer be administered a peace officer shall serve
on the person, on behalf of the Driver License Division, immediate notice of the Driver License
Division's intention to revoke the person's privilege or license to operate a motor vehicle. When the
officer serves the immediate notice on behalf of the Driver License Division, he shall:
(i) take the Utah license certificate or permit, if any, of the operator;
(ii) issue a temporary license effective for only 29 days; and
(iii) supply to the operator, on a form approved by the Driver License Division, basic
information regarding how to obtain a hearing before the Driver License Division.
(c) A citation issued by a peace officer may, if approved as to form by the Driver License
Division, serve also as the temporary license.
(d) The peace officer shall submit a signed report, within five days after the date of the

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arrest, that he had grounds to believe the arrested person had been operating or was in actual physical
control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited under
Section 41-6-44 or 53-3-231, while under the influence of alcohol, any drug, or combination of
alcohol and any drug under Section 41-6-44, or while having any measurable controlled substance
or metabolite of a controlled substance in the person's body in violation of Section 41-6-44.6, and
that the person had refused to submit to a chemical test or tests under Subsection (1).
(e) (i) A person who has been notified of the Driver License Division's intention to revoke
his license under this section is entitled to a hearing.
(ii) A request for the hearing shall be made in writing within ten days after the date of the
arrest.
(iii) Upon written request, the division shall grant to the person an opportunity to be heard
within 29 days after the date of arrest.
(iv) If the person does not make a timely written request for a hearing before the division,
his privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the
date of arrest for a period of:
(A) one year unless Subsection (B) applies; or
(B) 18 months if the person has had a previous license sanction after July 1, 1993, under this
section, Section, 41-6-44.6, 53-3-223, or 53-3-231 or a conviction after July 1, 1993, under Section
41-6-44.
(f) If a hearing is requested by the person and conducted by the Driver License Division, the
hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe that a person was operating a
motor vehicle in violation of Section 41-6-44, [44-6-44.6] 41-6-44.6, or 53-3-231; and
(ii) whether the person refused to submit to the test.
(g) (i) In connection with the hearing, the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers; and
(B) shall issue subpoenas for the attendance of necessary peace officers.

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(ii) The division shall pay witness fees and mileage from the Transportation Fund in
accordance with the rates established in Section 21-5-4.
(h) If after a hearing, the Driver License Division determines that the person was requested
to submit to a chemical test or tests and refused to submit to the test or tests, or if the person fails to
appear before the Driver License Division as required in the notice, the Driver License Division shall
revoke his license or permit to operate a motor vehicle in Utah beginning on the date the hearing is
held for a period of:
(i) (A) one year unless Subsection (B) applies; or
(B) 18 months if the person has had a previous license sanction after July 1, 1993, under this
section, Section 53-3-223, 41-6-44.6, or 53-3-231 or a conviction after July 1, 1993, under Section
41-6-44.
(ii) The Driver License Division shall also assess against the person, in addition to any fee
imposed under Subsection 53-3-205(14), a fee under Section 53-3-105, which shall be paid before
the person's driving privilege is reinstated, to cover administrative costs.
(iii) The fee shall be cancelled if the person obtains an unappealed court decision following
a proceeding allowed under this subsection that the revocation was improper.
(i) (i) Any person whose license has been revoked by the Driver License Division under this
section may seek judicial review.
(ii) Judicial review of an informal adjudicative proceeding is a trial. Venue is in the district
court in the county in which the person resides.
(3) Any person who is dead, unconscious, or in any other condition rendering him incapable
of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent
provided for in Subsection (1), and the test or tests may be administered whether the person has been
arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall be
made available to him.
(5) (a) Only a physician, registered nurse, practical nurse, or person authorized under Section
26-1-30, acting at the request of a peace officer, may withdraw blood to determine the alcoholic or

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drug content. This limitation does not apply to taking a urine or breath specimen.
(b) Any physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom a
peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
facility at which the sample is drawn, is immune from any civil or criminal liability arising from
drawing the sample, if the test is administered according to standard medical practice.
(6) (a) The person to be tested may, at his own expense, have a physician of his own choice
administer a chemical test in addition to the test or tests administered at the direction of a peace
officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of the
results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests
to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the direction
of a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, the person
to be tested does not have the right to consult an attorney or have an attorney, physician, or other
person present as a condition for the taking of any test.
(8) If a person under arrest refuses to submit to a chemical test or tests or any additional test
under this section, evidence of any refusal is admissible in any civil or criminal action or proceeding
arising out of acts alleged to have been committed while the person was operating or in actual
physical control of a motor vehicle while under the influence of alcohol, any drug, combination of
alcohol and any drug, or while having any measurable controlled substance or metabolite of a
controlled substance in the person's body.
Section 62. Section 41-12a-803 is amended to read:
41-12a-803. Program creation -- Administration -- Selection of designated agent --
Duties -- Rulemaking.
(1) There is created the Uninsured Motorist Identification Database Program to establish an
Uninsured Motorist Identification Database to verify compliance with motor vehicle owner's or

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operator's security requirements under Section 41-12a-301.
(2) The program shall be administered by the department with the assistance of the
designated agent and the Motor Vehicle Division.
(3) (a) The department shall contract in accordance with Title 63, Chapter 56, Utah
Procurement Code, with a third party to track compliance with the owner's or operator's security
requirements under Section 41-12a-301.
(b) The contract may not obligate the department to pay the third party more monies than
are available in the account.
(4) (a) The third party under contract under this section is the department's designated agent,
and shall develop and maintain a computer database from the information provided by:
(i) insurers under Section [31A-22-314] 31A-22-315;
(ii) the division under Subsection (6); and
(iii) the Motor Vehicle Division under Section 41-1a-120.
(b) The database shall be developed and maintained in accordance with guidelines
established by the department so that state and local law enforcement agencies can efficiently access
the database.
(5) With information provided by the department and the Motor Vehicle Division, the
designated agent shall, at least monthly:
(a) update the database with the motor vehicle insurance information provided by the
insurers in accordance with Section [31A-22-314] 31A-22-315; and
(b) compare all current motor vehicle registrations against the database.
(6) The division shall provide the designated agent with the name, date of birth, address, and
driver license number of all persons on the driver license database.
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules and develop procedures in cooperation with the Motor Vehicle Division
to use the database for the purpose of administering and enforcing this part.
Section 63. Section 41-12a-805 is amended to read:
41-12a-805. Disclosure of insurance information -- Penalty.

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(1) Information in the database established under Section 41-12a-803 provided by a person
to the designated agent is considered to be the property of the person providing the information. The
information may not be disclosed from the database under Title 63, Chapter 2, Government Records
Access and Management Act, or otherwise, except as follows:
(a) for the purpose of investigating, litigating, or enforcing the owner's or operator's security
requirement under Section 41-12a-301, the designated agent shall verify insurance through the state
computer network for a state or local government agency;
(b) for the purpose of investigating, litigating, or enforcing the owner's or operator's security
requirement under Section 41-12a-301, the designated agent shall, upon request, issue to any state
or local government agency a certificate documenting the insurance status, according to the database,
of a specific individual or motor vehicle for the time period designated by the government agency;
and
(c) upon request, the department shall disclose whether or not a person is an insured
individual to:
(i) that individual;
(ii) the parent or legal guardian of that individual if the individual is an unemancipated
minor;
(iii) the legal guardian of that individual if the individual is legally incapacitated;
(iv) a person who has power of attorney from the insured individual;
(v) a person who submits a notarized release from the insured individual dated no more than
90 days before the date the request is made; or
(vi) a person suffering loss or injury in a motor vehicle accident in which the insured
individual is involved, but only as part of an accident report as authorized in Section 41-12a-202.
(2) Any person who knowingly releases or discloses information from the database for a
purpose other than those authorized in this section or to a person who is not entitled to it is guilty
of a third degree felony.
(3) An insurer is not liable to any person for complying with Section [31A-22-314]
31A-22-315 by providing information to the designated agent.

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(4) Neither the state nor the department's designated agent are liable to any person for
gathering, managing, or using the information in the database as provided in Section [31A-22-314]
31A-22-315 and this part.
Section 64. Section 48-2b-102 is amended to read:
48-2b-102. Definitions.
(1) "Bankruptcy" includes bankruptcy under federal bankruptcy law or under Utah
insolvency law.
(2) "Business" includes every trade, occupation, or profession.
(3) "Division" means the Division of Corporations and Commercial Code of the Department
of Commerce.
(4) "Foreign limited liability company" means a limited liability company organized under
the laws of any other jurisdiction.
(5) "Limited liability company" or "company" means a business entity organized under this
chapter.
(6) "Person" means an individual, general partnership, limited partnership, limited liability
company, limited association, domestic or foreign trust, estate, association, or corporation.
(7) "Professional services" means the personal services rendered by:
(a) an architect holding a license under Title 58, Chapter [3] 3a, Architects Licensing Act,
and any subsequent laws regulating the practice of architecture;
(b) an attorney granted the authority to practice law by the Supreme Court of the state of
Utah as provided in Title 78, Chapter 51;
(c) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
Practice Act, and any subsequent laws regulating the practice of chiropractic;
(d) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentists and Dental
Hygienists Practice Act, and any subsequent laws regulating the practice of dentistry;
(e) a professional engineer registered under Title 58, Chapter 22, Professional Engineers and
Land Surveyors Licensing Act;
(f) a naturopath holding a license under Title 58, Chapter [12, Part 3] 71, Naturopathic

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Physician Practice Act, and any subsequent laws regulating the practice of naturopathy;
(g) a nurse licensed under Title 58, Chapter 31, Nurse Practice Act, or Title 58, Chapter 44a,
Nurse Midwife Practice Act;
(h) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
Act, and any subsequent laws regulating the practice of optometry;
(i) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
(j) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
any subsequent laws regulating the practice of pharmacy;
(k) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter 67,
Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
(l) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist
Practice Act, and any subsequent laws regulating the practice of physical therapy;
(m) a podiatric physician holding a license under Title 58, Chapter 5a, [Podiatrist] Podiatric
Physician Licensing Act, and any subsequent laws regulating the practice of chiropody;
(n) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act,
and any subsequent laws regulating the practice of psychology;
(o) a public accountant holding a license under Title 58, Chapter 26, Certified Public
Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
(p) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
Division of Real Estate, and any subsequent laws regulating the sale, exchange, purchase, rental, or
leasing of real estate;
(q) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part 2,
Social Worker Licensing Act, and any subsequent laws regulating the practice of social work; and
(r) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and
any subsequent laws regulating the practice of veterinary medicine.
(8) "Regulating board" means the board organized pursuant to state law that is charged with
the licensing and regulation of the practice of the profession that a limited liability company is

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organized to render.
(9) "State" means a state, territory, or possession of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico.
(10) "Successor limited liability company" means the surviving or resulting limited liability
company existing pursuant to a merger or consolidation of two or more limited liability companies.
Section 65. Section 49-2-402 is amended to read:
49-2-402. Service retirement plans -- Calculation of retirement benefit -- Social
Security limitations -- Board authority to adjust formula -- Computation of benefits for
segments of service.
(1) There are six service retirement plans available to members of the system. Plan One is
as follows, with Plans Two, Three, Four, Five, and Six established under Section 49-2-403.
(2) Except for members of this system who meet the requirements of Section 49-2-802, upon
the service retirement of a member under Section 49-2-401, the member shall receive a retirement
allowance consisting of an annuity, a pension based on prior service and a pension based on current
service, the total of which is determined as follows:
(a) If the member has attained the age of 65 years, the retirement allowance is:
(i) (A) an amount equal to 1.10% of the member's final average monthly salary, multiplied
by the number of years of service credited for service rendered prior to July 1, 1967; plus
[(ii)] (B) an amount equal to 1.25% of the member's final average monthly salary multiplied
by the number of years of service credited for service rendered on and after July 1, 1967, through
June 30, 1975; plus
[(iii)] (C) an amount equal to 2% of the member's final average monthly salary multiplied
by the number of years of service credited for service rendered on and after July 1, 1975.
(ii) In no case may that part of a retiring member's allowance, based upon prior service, as
provided in Subsection (2)(a)(i)(A) be less than 1.15% of that member's final average monthly salary
if the final average monthly salary is $500 or less, multiplied by the number of prior service years
standing to the member's credit at retirement.
(b) If the member is less than 65 years old, the retirement allowance shall be reduced 3% for

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each year of retirement from age 60 to age 65, unless the member has 30 or more years of credit in
which event no reduction is made to the allowance.
(3) Years of service includes any fractions of years of service to which the member may be
entitled. Service amounting to 9/10 of one year constitutes a year of service credit in the
computation of a retirement benefit.
(4) (a) The final average salary is limited in the computation of that part of a member's prior
service retirement allowance based on service rendered during a period when the member received
employer contributions on a portion of compensation from an educational institution toward the
payment of the premium required on a retirement annuity contract with the Teachers' Insurance and
Annuity Association of America or with any other public or private system, organization, or
company to $4,800. This limitation is not applicable to members who elected to continue in the state
retirement system by July 1, 1967.
(b) Periods of service which are exempt from this system under Subsection 49-2-205(3), not
to exceed four years, may be purchased by the member for the purpose of retirement.
Section 66. Section 51-4-2 is amended to read:
51-4-2. Deposits by political subdivisions.
(1) As used in this section:
(a) "Officer" means each:
(i) county treasurer, county auditor, county assessor, county clerk, [clerk of the circuit court,]
city treasurer, city clerk, justice court judge; and
(ii) other officer of a political subdivision.
(b) "Political subdivision" means a county, city, town, school district, and special district.
(2) (a) Each officer shall deposit all public funds daily whenever practicable but not later
than three days after receipt.
(b) Each officer shall deposit all public funds only in qualified depositories unless the public
funds need to be deposited in a bank outside Utah in order to provide for:
(i) payment of maturing bonds or other evidences of indebtedness; or
(ii) payment of the interest on bonds or other evidences of indebtedness.

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(3) (a) (i) Each officer shall require all checks to be made payable to the office of the officer
receiving funds or to the political subdivision's treasurer.
(ii) An officer may not accept a check unless it is made payable to the office of the officer
receiving funds or to the political subdivision's treasurer.
(b) Each officer shall deposit all monies he collects into an account controlled by his
political subdivision's treasurer.
(4) (a) Except as provided in Subsection (b) and unless a shorter time for depositing funds
is otherwise required by law, each political subdivision that has collected funds that are due to the
state or to another political subdivision of the state shall, on or before the tenth day of each month,
pay all of those funds that were receipted during the last month:
(i) to a qualified depository for the credit of the appropriate public treasurer; or
(ii) to the appropriate public treasurer.
(b) Property tax collections shall be apportioned and paid according to Section 59-2-1365.
Section 67. Section 53-5-703 is amended to read:
53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.
(1) There is created within the division the Concealed Weapon Review Board.
(2) (a) The board is comprised of not more than five members appointed by the
commissioner on a bipartisan basis.
(b) The board shall include a member representing law enforcement and at least two citizens,
one of whom represents sporting interests.
(3) (a) Except as required by Subsection (b), as terms of current board members expire, the
[governor] commissioner shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (a), the [governor] commissioner shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.

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(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(6) The board shall meet at least quarterly, unless the board has no business to conduct
during that quarter.
(7) The board, upon receiving a timely filed petition for review, shall review the denial or
revocation of a permit to carry a concealed weapon.
Section 68. Section 53-9-110 is amended to read:
53-9-110. Application for registration and apprentice card -- Registration period --
Cancellation.
(1) Every application for registration shall provide information to assist the commissioner
in determining the applicant's ability to meet the requirements prescribed in this chapter and contain
the following:
(a) the full name and address of the applicant;
(b) two passport-size color photographs of the applicant;
(c) the name of the agency for which the applicant will be an employee, apprentice, or
contract registrant;
(d) authorization of the qualifying party or his designee to issue an employee, apprentice,
or contract registration; and
(e) a verified statement of the applicant's experience and qualifications.

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(2) An application for an employee, apprentice, or contract registration or renewal shall be
accompanied by:
(a) the fee prescribed in Section 53-9-111; and
(b) a surety bond in the amount of $10,000.
(3) An original employee, apprentice, or contract registration is valid from the date of
issuance to the date of expiration of the agency license under which the employee, apprentice, or
contract registrant is employed. The renewal period of an employee, apprentice, or contract
registration runs concurrently with the agency license. An employee, apprentice, or contract
registration may be denied as described in Subsections [58-9-113] 53-9-113(2) and (3) and shall be
canceled upon the cancellation, termination, or revocation of the agency license under which the
employee or contract registration is issued.
(4) An employee or apprentice registration or renewal shall not be issued to an applicant
unless the employer has on file with the department evidence of current workers' compensation
coverage and may be reinstated only on verification of the reinstatement of workers' compensation
coverage and payment of the reinstatement fee prescribed in Section 53-9-111. This does not apply
to the contract registrant.
Section 69. Section 53A-1a-303.5 is amended to read:
53A-1a-303.5. Modified program.
(1) (a) For the fiscal year beginning July 1, 1996, the State Board of Education, in
collaboration with the governor's office, shall select ten schools or centennial clusters for
participation in a modified Centennial Schools program from a pool of applicants who demonstrate
the most widespread parent/guardian and school staff support.
(b) The school applicants shall have completed three years, or be in the third year of
completion, as a centennial school.
(c) As used in this section, "centennial cluster" means two or more public schools in
which[;]:
(i) the schools have a feeder school relationship, such as an elementary school that feeds into
a middle school or junior high school;

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(ii) at least one of the schools is currently or has been a centennial school selected under
Section 53A-1a-303; and
(iii) participation of a noncentennial school in the cluster is on a voluntary basis with
demonstrated support from the parents of a majority of the students who attend the school.
(2) The modified program shall run for at least three years, subject to reauthorization by the
Legislature based upon an evaluation and the achievement of the student performance goals required
under Subsection 53A-1a-302(2)(d)(i).
(3) Except as otherwise provided in this section, the selected schools are subject to the
qualification requirements listed in Section 53A-1a-302, the appropriation provisions listed in
Section 53A-1a-303, and the reporting requirements listed in Section 53A-1a-304.
(4) (a) The school directors at a selected school shall consist of an equal number of
individuals employed at the school and parents or guardians of students attending the school who
are not also employed at the school and the school's principal.
(b) Each employee director is elected by a majority vote of the employees at the school and
serves a two-year term.
(c) Each parent director is elected at an election held at the school by a majority vote of those
voting at the election and serves a two-year term.
(d) Only parents or guardians of students attending the school may vote at the election held
under Subsection [(2)(c)(i)] (4)(c).
(e) Written notice of the elections held under Subsections (4)(b) and (c) shall be given at
least two weeks prior to the elections.
(f) Employee and parent directors may serve up to three successive terms.
(g) Initial terms shall be staggered so that no more than 50% of the directors stand for
election in any one year.
(5) (a) The school directors may request and receive a waiver from the state or local board
of education of any rule or policy that prevents or inhibits the school from achieving its performance
goals, unless approval of the request would conflict with state or federal laws or put the school out
of compliance with matters related to health, safety, welfare, civil rights, and insurance.

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(b) If the waiver relates to a contract between the district and its employees, then the entity
that represented the employees in obtaining the agreement must also agree to the waiver.
(6) (a) A local board of education, in consultation with the school directors of a selected
school, shall identify education monies which shall flow directly to the school.
(b) The school directors shall manage the monies received under Subsection (6)(a) in such
a manner as to accomplish the school's performance goals and may use the services of the school
district to do so or contract out with other public or private providers for goods and services required
at the school.
(c) Expenditures of monies received under Subsection (6)(a) are subject to procedures and
restrictions established under the Public Officers and Employees Ethics Act, the Procurement Code,
and accounting rules of the State Board of Education.
(7) (a) The state board shall closely monitor the activities of each participant school and
provide assistance if requested by the directors.
(b) The state board, in collaboration with the school directors, shall prepare an annual
evaluation of each school's performance, including a financial component on the expenditure of
monies received under this subsection.
(8) The State Board of Education shall, after consulting with the affected local school
boards, schools, and parents of students at the schools, adopt rules for implementation of this section.
Section 70. Section 53A-11-901.5, which is renumbered from Section 53A-11-12 is
renumbered and amended to read:
[53A-11-12]. 53A-11-901.5. Period of silence.
A teacher may provide for the observance of a period of silence each school day in a public
school.
Section 71. Section 53A-20-102 is amended to read:
53A-20-102. Superintendent to approve school building project plans -- Conditions for
approval.
(1) If the total annual accumulative building project costs for any contract for construction
or alteration of a school building exceed $100,000, the superintendent of public instruction or the

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superintendent's designee must approve and endorse the plans and specifications prior to the
commencement of construction or alteration.
(2) Approval must be given if it is determined that:
(a) the project is necessary to meet program requirements, ensure safety, contain costs,
correct existing or reasonably anticipated overcrowding, or resolve some other substantial problem;
(b) the plans and specifications provide for functional utility, economy, and a reasonable
balance between initial and long-term costs;
(c) the plans and specifications comply with the Uniform Building Code, including any
modifications or additions adopted by the State Board of Education, with the approval of the state
fire marshal, and the State Building Board;
(d) the architect for the project has certified that the plans and specifications comply with
all standards and building code requirements imposed under this chapter;
(e) if the estimated building project cost exceeds $300,000, the school district has made
value engineering reviews of the plans and specifications; and
(f) the district has complied with the requirements of [Sections 53A-20-107] Section
10-9-106 or 17-27-105 and Section 53A-20-108.
(3) (a) A district may submit project plans and specifications for approval by the state
superintendent under this section even though the costs do not exceed the requirements of Subsection
(1).
(b) If a district chooses to proceed without state superintendent approval on a project exempt
from Subsection (1), the district superintendent shall ensure that the requirements of Subsections
(2)(c) and (f) are met.
Section 72. Section 53A-20a-106 is amended to read:
53A-20a-106. Deposit of bond proceeds -- State Building Board responsibilities --
Approval of Division of Facilities Construction and Management.
(1) The board's treasurer or other fiscal officer, with the approval of the state treasurer, shall
deposit the proceeds from the sale of bonds under this chapter into a special construction trust fund
account established in compliance with the State Money Management Act [of 1974].

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(2) The proceeds are credited to the board on behalf of the institution for which the bonds
were issued.
(3) The proceeds are kept in a separate fund and used solely for the purpose for which they
were authorized by the board.
(4) The State Building Board shall make all contracts and execute all instruments which it
considers necessary to provide for the projects referred to in Section [53A-28-103] 53A-20a-103.
(5) The proceeds in the special construction trust fund account shall be disbursed only upon
receipt of written statements supported by itemized estimates and claims presented to the Division
of Facilities Construction and Management as provided in the resolution authorizing the issuance
of the bonds.
Section 73. Section 53B-16-403 is amended to read:
53B-16-403. Interns -- Workers' compensation medical benefits.
(1) An intern participating in an internship under Section 53B-16-402 is considered to be
a volunteer worker of the sponsoring institution of higher education solely for purposes of receiving
workers' compensation medical benefits.
(2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy against
the institution and the cooperating employer for all injuries and occupational diseases as provided
under Title [35, Chapters 1 and 2] 35A, Chapters 3 and 3a.
Section 74. Section 54-8c-6 is amended to read:
54-8c-6. Association for mutual receipt of notification of activities close to high voltage
overhead lines.
(1) Public utilities may form and operate an association providing for mutual receipt of
notification of activities close to high voltage overhead lines in a specified area.
(2) In areas where an association is formed:
(a) notification to the association is effected as set forth in Section [53-8c-2] 54-8c-2; and
(b) public utilities with high voltage overhead lines in the area:
(i) may become members of the association;
(ii) may participate in and receive the services furnished by the association; and

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(iii) shall pay their proportionate share of the cost for the services furnished.
(3) The association whose members or participants have high voltage overhead lines within
a county shall file a list containing the name, address, and telephone number of every member and
participating public utility with the county clerk.
(4) If notification is made by telephone, an adequate record shall be maintained by the
association to document compliance with the requirements of this chapter.
Section 75. Section 55-5-7 is amended to read:
55-5-7. Agencies to negotiate for food service with the Division of Services for the Blind
and Visually Impaired -- Existing contracts.
(1) A governmental agency which proposes to operate or continue a food service in a public
office building shall first attempt in good faith to make an agreement with the [state] Division of
Services for the Blind and Visually Impaired to operate the food service without payment of rent.
(2) The governmental agency may not offer or grant to any other party a contract or
concession to operate the food service unless the governmental agency determines in good faith that
the Division of Services for the Blind and Visually Impaired is not willing to or cannot satisfactorily
provide the food service.
(3) This act may not impair any valid contract existing on the effective date of this act, and
does not preclude renegotiation of a valid contract on the same terms and with the same parties.
Section 76. Section 55-15-34 is amended to read:
55-15-34. Charges or fees for representing applicants.
No person shall make any charge or receive any fee for representing an applicant or recipient
of public assistance in any proceeding hereunder, except in criminal proceedings [brought pursuant
to Section 55-15-31 of this act] or with respect to any application, whether such fee or charge is to
be paid by the applicant or recipient or any other person, which fee is in excess of an amount to be
determined by the court or body before whom an applicant or recipient has been represented.
Section 77. Section 58-1-201 is amended to read:
58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies -- Quorum --
Per diem and expenses -- Chair -- Financial interest or faculty position in professional school

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teaching continuing education prohibited.
(1) (a) The executive director shall appoint the members of the boards established under this
title. In appointing these members the executive director shall give consideration to
recommendations by members of the respective occupations and professions and by their
organizations.
(b) Each board shall be composed of five members, four of whom shall be licensed or
certified practitioners in good standing of the occupation or profession the board represents, and one
of whom shall be a member of the general public, unless otherwise provided under the specific
licensing chapter.
(c) The names of all persons appointed to boards shall be submitted to the governor for
confirmation or rejection. If an appointee is rejected by the governor, the executive director shall
appoint another person in the same manner as set forth in Subsection (a).
(2) (a) Except as required by Subsection (b), as terms of current board members expire, the
executive director shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the executive director shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) A board member may not serve more than two consecutive terms, and a board member
who ceases to serve on a board may not serve again on that board until after the expiration of a
two-year period beginning from that cessation of service.
(d) (i) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(ii) After filling that term, the replacement member may be appointed for only one additional
full term.
(e) If a board member fails or refuses to fulfill the responsibilities and duties of a board
member, including the attendance at board meetings, the executive director with the approval of the
board may remove the board member and replace the member in accordance with this section.
[(2)] (3) A majority of the board members constitutes a quorum. A quorum is sufficient

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authority for the board to act.
[(3)] (4) (a) (i) Members who are not government employees shall receive no compensation
or benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
[(4)] (5) Each board shall annually designate one of its members to serve as chair for a
one-year period.
[(5)] (6) A board member may not be a member of the faculty of or have any financial
interest in any vocational or professional college or school which provides continuing education to
any licensee if that continuing education is required by statute or rule.
Section 78. Section 58-3a-502 is amended to read:
58-3a-502. Penalty for unlawful conduct.
(1) (a) If upon inspection or investigation, the division concludes that a person has violated
Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501 or any rule or order issued with respect
to Section 58-3a-501, and that disciplinary action is appropriate, the director or his designee from
within the division for each alternative respectively, shall promptly issue a citation to the person
according to this chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or
notify the person to appear before an adjudicative proceeding conducted under Title 63, Chapter 46b,
Administrative Procedures Act.
(i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501 or
any rule or order issued with respect to Section 58-3a-501, as evidenced by an uncontested citation,

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a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be assessed
a fine pursuant to this Subsection [(2)(i)] (1) and may, in addition to or in lieu of, be ordered to cease
and desist from violating Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501 or any rule
or order issued with respect to this section.
(ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-3a-401
may not be assessed through a citation.
(b) A citation shall:
(i) be in writing;
(ii) describe with particularity the nature of the violation, including a reference to the
provision of the chapter, rule, or order alleged to have been violated;
(iii) clearly state that the recipient must notify the division in writing within 20 calendar days
of service of the citation if the recipient wishes to contest the citation at a hearing conducted under
Title 63, Chapter 46b, Administrative Procedures Act; and
(iv) clearly explain the consequences of failure to timely contest the citation or to make
payment of any fines assessed by the citation within the time specified in the citation.
(c) The division may issue a notice in lieu of a citation.
(d) Each citation issued under this section, or a copy of each citation, may be served upon
any person whom a summons may be served in accordance with the Utah Rules of Civil Procedure
and may be made personally or upon his agent by a division investigator or by any person specially
designated by the director or by mail.
(e) If within 20 calendar days from the service of the citation, the person to whom the
citation was issued fails to request a hearing to contest the citation, the citation becomes the final
order of the division and is not subject to further agency review. The period to contest a citation may
be extended by the division for cause.
(f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with a citation after it becomes final.
(g) The failure of an applicant for licensure to comply with a citation after it becomes final
is a ground for denial of license.

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(h) No citation may be issued under this section after the expiration of six months following
the occurrence of any violation.
(i) The director or his designee shall assess fines according to the following:
(i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
(ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000; and
(iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to $2,000
for each day of continued offense.
(2) An action initiated for a first or second offense which has not yet resulted in a final order
of the division shall not preclude initiation of any subsequent action for a second or subsequent
offense during the pendency of any preceding action. The final order on a subsequent action shall
be considered a second or subsequent offense, respectively, provided the preceding action resulted
in a first or second offense, respectively.
(3) Any penalty which is not paid may be collected by the director by either referring the
matter to a collection agency or bringing an action in the district court of the county in which the
person against whom the penalty is imposed resides or in the county where the office of the director
is located. Any county attorney or the attorney general of the state shall provide legal assistance and
advice to the director in any action to collect the penalty. In any action brought to enforce the
provisions of this section, reasonable attorney's fees and costs shall be awarded to the division.
Section 79. Section 58-5a-201 is amended to read:
58-5a-201. Podiatric Physician Board.
(1) There is created the Podiatric Physician Board consisting of four [podiatrists] podiatric
physicians and one member of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and
58-1-203.
(4) In addition, the board shall designate one of its members on a permanent or rotating basis
to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional

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conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(5) A board member who has, under Subsection (4), reviewed a complaint or advised in its
investigation may be disqualified from participating with the board when the board serves as a
presiding officer in an adjudicative proceeding concerning the complaint.
Section 80. Section 58-20a-102 is amended to read:
58-20a-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Environmental Health Scientist Board created in Section 58-20a-201.
(2) "General supervision" means the supervising environmental health scientist is available
for immediate voice communication with the person he or she is supervising.
(3) "Practice of environmental health science" means:
(a) the enforcement of, the issuance of permits required by, or the inspection for the purpose
of enforcing state and local public health laws in the following areas:
(i) air quality;
(ii) food quality;
(iii) solid, hazardous, and toxic substances disposal;
(iv) consumer product safety;
(v) housing;
(vi) noise control;
(vii) radiation protection;
(viii) water quality;
(ix) vector control;
(x) drinking water quality;
(xi) milk sanitation;
(xii) rabies control;
(xiii) public health nuisances;
(xiv) indoor clean air regulations;

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(xv) institutional and residential sanitation; or
(xvi) recreational facilities sanitation; or
(b) representing oneself in any manner as, or using the titles "environmental health scientist,"
"environmental health scientist-in-training," or "registered sanitarian."
(4) "Unlawful conduct" is as defined in Section 58-1-501.
(5) "Unprofessional conduct" is as defined in Sections 58-1-501 and [58-20a-502]
58-20a-501 and as may be further defined by division rule.
Section 81. Section 58-22-503 is amended to read:
58-22-503. Penalty for unlawful conduct.
(1) (a) If upon inspection or investigation, the division concludes that a person has violated
Subsections 58-1-501(1)(a) through (d) or Section 58-22-501 or any rule or order issued with respect
to Section 58-22-501, and that disciplinary action is appropriate, the director or his designee from
within the division for each alternative respectively, shall promptly issue a citation to the person
according to this chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or
notify the person to appear before an adjudicative proceeding conducted under Title 63, Chapter 46b,
Administrative Procedures Act.
(i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-22-501 or
any rule or order issued with respect to Section 58-22-501, as evidenced by an uncontested citation,
a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be assessed
a fine pursuant to this Subsection (1)[(i)] and may, in addition to or in lieu of, be ordered to cease
and desist from violating Subsections 58-1-501(1)(a) through (d) or Section 58-22-501 or any rule
or order issued with respect to this section.
(ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-22-401
may not be assessed through a citation.
(b) A citation shall:
(i) be in writing;
(ii) describe with particularity the nature of the violation, including a reference to the
provision of the chapter, rule, or order alleged to have been violated;

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(iii) clearly state that the recipient must notify the division in writing within 20 calendar days
of service of the citation if the recipient wishes to contest the citation at a hearing conducted under
Title 63, Chapter 46b, Administrative Procedures Act; and
(iv) clearly explain the consequences of failure to timely contest the citation or to make
payment of any fines assessed by the citation within the time specified in the citation.
(c) The division may issue a notice in lieu of a citation.
(d) Each citation issued under this section, or a copy of each citation, may be served upon
any person whom a summons may be served in accordance with the Utah Rules of Civil Procedure
and may be made personally or upon his agent by a division investigator or by any person specially
designated by the director or by mail.
(e) If within 20 calendar days from the service of the citation, the person to whom the
citation was issued fails to request a hearing to contest the citation, the citation becomes the final
order of the division and is not subject to further agency review. The period to contest a citation may
be extended by the division for cause.
(f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with a citation after it becomes final.
(g) The failure of an applicant for licensure to comply with a citation after it becomes final
is a ground for denial of license.
(h) No citation may be issued under this section after the expiration of six months following
the occurrence of any violation.
(i) The director or his designee shall assess fines according to the following:
(i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
(ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000; and
(iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to $2,000
for each day of continued offense.
(2) An action initiated for a first or second offense which has not yet resulted in a final order
of the division shall not preclude initiation of any subsequent action for a second or subsequent
offense during the pendency of any preceding action. The final order on a subsequent action shall

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be considered a second or subsequent offense, respectively, provided the preceding action resulted
in a first or second offense, respectively.
(3) Any penalty which is not paid may be collected by the director by either referring the
matter to a collection agency or bringing an action in the district court of the county in which the
person against whom the penalty is imposed resides or in the county where the office of the director
is located. Any county attorney or the attorney general of the state shall provide legal assistance and
advice to the director in any action to collect the penalty. In any action brought to enforce the
provisions of this section, reasonable attorney's fees and costs shall be awarded to the division.
Section 82. Section 58-26-4 is amended to read:
58-26-4. Requirements for licensure.
(1) To qualify for a license, an applicant shall:
(a) submit an application on forms provided by the division;
(b) show evidence of good moral character;
(c) pay the fee established under the provisions of Section 63-38-3.2;
(d) submit a certified transcript of credits from an accredited institution acceptable to the
board showing successful completion of:
(i) before July 1, 1994:
(A) a baccalaureate degree including subjects and hours (with a concentration in accounting,
auditing, and business) approved by the board and established by rule in accordance with Title 63,
Chapter 46a, Utah Administrative Rulemaking Act; or
(B) a total of 150 collegiate level semester hours (225 quarter hours) of education (with a
concentration in accounting, auditing, and business) including a baccalaureate degree or its
equivalent at a college or university acceptable to the board, with the total educational program to
include subjects and hours approved by the board and established by rule[.];
(ii) after July 1, 1994, a total of 150 collegiate level semester hours (225 quarter hours) of
education (with a concentration in accounting, auditing, and business) including a baccalaureate
degree or its equivalent at a college or university acceptable to the board, and the total educational
program to include subjects and hours approved by the board and established by rule[.];

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(e) submit evidence of experience on forms prescribed by the division in accordance with
the following:
(i) before July 1, 1994:
(A) if the applicant's qualifying education is based upon Subsection (d)(i)(A), the required
qualifying experience is three years; or
(B) if the applicant's qualifying education is based upon Subsection (d)(i)(B), the required
qualifying experience is one year[.];
(ii) after July 1, 1994, the applicant shall be required to submit evidence of completion of
one year of accounting experience under the direct supervision of a certified public accountant, as
defined by rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
(f) submit evidence of having successfully completed the qualifying examination; and
(g) submit to an interview by the board, if requested, for the purpose of examining the
applicant's competence and qualifications for licensure.
(2) Before the division issues a license, the board shall approve and recommend each
applicant.
Section 83. Section 58-31-2 is amended to read:
58-31-2. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Applicant" means a person who applies for licensure under this chapter by submitting
a completed application for licensure and the required fees to the department.
(2) "Approved education program" means a nursing education program that meets the
minimum standards established under this chapter or by division rule in collaboration with the board.
(3) "Board" means the Board of Nursing created in Section 58-31-3.
(4) "Consultation and referral plan" means a written plan:
(a) jointly developed by an advanced practice registered nurse who has or is applying for
prescriptive authority and the consulting physician to that nurse;
(b) approved by the Prescriptive Practice Board; and
(c) that contains consultation and referral criteria by which that advanced practice registered

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nurse, working in collaboration with that consulting physician, may prescribe medicines in the
treatment of common health problems.
(5) "Consulting physician" means a physician who:
(a) has agreed to practice consultation with an advanced practice registered nurse who has
or is applying for prescriptive authority in accordance with an approved written consultation and
referral plan; and
(b) is actively engaged in the same or a similar practice as is the advanced practice registered
nurse.
(6) "Diagnosis" means the identification of and discrimination between physical and
psychosocial signs and symptoms essential to effective execution and management of health care.
(7) "Examinee" means a person who applies to take or does take any examination required
under this chapter for licensure.
(8) "Licensee" means a person who is licensed under this chapter.
(9) "Physician" means a person licensed and in good standing as a physician and surgeon
or as an osteopathic physician under Title 58, Chapter 12, Practice of Medicine and Surgery and the
Treatment of Human Ailments.
(10) "Practice of nursing" means performance of acts by a person licensed under this chapter
or Title 58, Chapter [44, Certified] 44a, Nurse Midwifery Practice Act, based upon that person's
knowledge, skill, preparation, education, and experience including:
(a) initiating and maintaining comfort measures;
(b) promoting and supporting human functions and responses;
(c) establishing an environment conducive to well-being;
(d) providing health counseling and teaching; and
(e) collaborating with health care professionals on aspects of the health care regimen.
(11) "Practice of practical nursing" means a performance of nursing acts as provided in this
subsection by a person licensed under this chapter as a licensed practical nurse and under the
direction of a registered nurse, licensed physician, or other specified health care professional as
defined by rule. Practical nursing acts include:

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(a) contributing to the assessment of the health status of individuals and groups;
(b) participating in the development and modification of the strategy of care;
(c) implementing appropriate aspects of the strategy of care;
(d) maintaining safe and effective nursing care rendered to a patient directly or indirectly;
(e) participating in the evaluation of responses to interventions; and
(f) delegating nursing interventions that may be performed by others and that do not conflict
with this chapter.
(12) "Practice of registered nursing" means performing acts of nursing as provided in this
subsection by a person licensed under this chapter as a registered nurse. The nursing acts require
substantial specialized education, preparation, skill, judgment, and knowledge in the generally
recognized scope of practice of registered nurses. Registered nursing acts include:
(a) assessing the health status of individuals and groups;
(b) identifying health care needs;
(c) establishing goals to meet identified health care needs;
(d) planning a strategy of care;
(e) prescribing nursing interventions to implement the strategy of care;
(f) implementing the strategy of care;
(g) delegating nursing interventions that may be performed by others and are not in conflict
with this chapter;
(h) maintaining safe and effective nursing care that is rendered to a patient directly or
indirectly;
(i) evaluating responses to interventions;
(j) teaching the theory and practice of nursing; and
(k) managing and supervising the practice of nursing.
(13) "Practice of advanced practice registered nursing" means the practice of nursing within
the generally recognized scope of advanced practice registered nursing as defined by division rule
consistent with professionally recognized preparation and education standards of an advanced
practice registered nurse by a person licensed under this chapter as an advanced practice registered

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nurse. Advanced practice registered nursing includes:
(a) maintenance and promotion of health and prevention of disease;
(b) diagnosis, treatment, correction, consultation, or referral for common health problems;
and
(c) prescription or administration of prescription drugs, including local anesthesia and
prescription devices in conformance with an approved consultation and referral plan.
(14) "Practice of nurse anesthesia" means the practice of nursing by a person licensed under
this chapter as a certified registered nurse anesthetist and includes the administration of general,
regional, or local anesthesia.
(15) "Prescriptive Practice Board" means the Nurse Prescriptive Practice Board established
in Section 58-31-3.
(16) "Unlawful conduct" as defined in Section 58-1-501 includes:
(a) using the following titles, names or initials, if the user is not properly licensed under this
chapter:
(i) nurse;
(ii) licensed practical nurse, practical nurse, or L.P.N.;
(iii) registered nurse or R.N.;
(iv) registered nurse practitioner, N.P., or R.N.P.;
(v) registered nurse specialist, N.S., or R.N.S.;
(vi) registered psychiatric mental health nurse specialist;
(vii) advanced practice registered nurse;
(viii) nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or
C.R.N.A.; or
(ix) other generally recognized names or titles used in the profession of nursing; and
(b) using any other name, title, or initials that would cause a reasonable person to believe
the user is licensed under this chapter if the user is not properly licensed under this chapter.
(17) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further defined
by rule includes:

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(a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
diagnosis, personal effects, or any other matter about which the licensee is privileged to know
because of the licensee's position or practice as a nurse;
(b) failure to provide nursing service in a manner that demonstrates respect for the patient's
human dignity and unique personal character and needs without regard to the patient's race, religion,
ethnic background, socioeconomic status, age, sex, or the nature of the patient's health problem;
(c) engaging in sexual relations with a patient during any:
(i) period when a generally recognized professional relationship exists between the nurse and
patient; or
(ii) extended period when a patient has reasonable cause to believe a professional
relationship exists between the nurse and patient;
(d) (i) as a result of any circumstance under Subsection (c) a licensee exploits or uses
information about a patient or exploits the licensee's professional relationship between the licensee
and the patient; or
(ii) the licensee exploits the patient by the use of the licensee's knowledge of the patient
obtained while acting as a nurse;
(e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
(f) unauthorized taking or personal use of nursing supplies from an employer;
(g) unauthorized taking or personal use of a patient's personal property;
(h) knowingly entering into any medical record any false or misleading information or
altering a medical record in any way for the purpose of concealing an act, omission, or record of
events, medical condition, or any other circumstance related to the patient and the medical or nursing
care provided;
(i) unlawful or inappropriate delegation of nursing care;
(j) failure to exercise appropriate supervision of persons providing patient care services
under supervision of the licensed nurse;
(k) employing or aiding and abetting the employing of an unqualified or unlicensed person
to practice as a nurse; and

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(l) failure to report to the division known facts regarding unprofessional or unlawful conduct
by any health care professional licensed under the laws of this state.
Section 84. Section 58-31-5 is amended to read:
58-31-5. Peer review committees created -- Duties.
(1) There are created under Subsection 58-1-203(6) the following advisory peer committees
to the Board of Nursing:
(a) education program peer review committee;
(b) nursing practice standards peer review committee; and
(c) probation peer review committee.
(2) Each advisory peer committee established under this section shall be composed of five
members appointed by the director in collaboration with the board.
(3) The scope of authority for each of the advisory peer review committees established under
Subsection (1) shall be established by division rule made in collaboration with the board.
(4) The committee members shall be appointed and serve under the same provisions as apply
to board members under Subsections 58-1-201[(1)(d), (e), (f), and (g), and] (2), (3), and (4).
(5) This section does not prohibit the appointment of other advisory peer committees to the
Board of Nursing under Subsection 58-1-203(6).
Section 85. Section 58-31-19 is amended to read:
58-31-19. Immunity from liability.
(1) A person licensed under this chapter who in good faith renders emergency care at the
scene of the emergency is not liable for any civil damages as a result of the person's acts or
omissions in rendering the emergency care.
(2) The provisions of Section 78-11-22, commonly known as the "Good Samaritan Statute,"
apply to all persons licensed under this chapter.
(3) Persons licensed under this chapter are considered health care providers under Section
[58-12-25] 58-13-4 and are immune from liability as provided under that section.
Section 86. Section 58-44a-102 is amended to read:
58-44a-102. Definitions.

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In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Registered Nurse Certified Nurse Midwife Board created in Section
58-44a-201.
(2) "Consulting physician" means a physician and surgeon or osteopathic physician:
(a) licensed as a physician under Title 58, Chapter [12] 67, [Practice of Medicine and
Surgery] Utah Medical Practice Act;
(b) qualified by education, training, and current practice in obstetrics, gynecology, or both
to act as a consulting physician to a nurse midwife practicing under this chapter;
(c) who has agreed under a practice plan to be available to consult with a nurse midwife,
which plan does not include the consulting physician's being present at the time or place the nurse
midwife is engaged in practice; and
(d) approved by the division and board to serve as a consulting physician.
(3) "Individual" means a natural person.
(4) "Nurse midwife" means a person licensed under this chapter to engage in practice as a
registered nurse certified nurse midwife.
(5) "Physician" means a physician and surgeon or osteopathic surgeon licensed under Title
58, Chapter [12] 67, [Practice of Medicine and Surgery] Utah Medical Practice Act or Chapter 68,
Utah Osteopathic Medical Practice Act.
(6) "Practice as a nurse midwife" means:
(a) practice as a registered nurse as defined in Section 58-31-2, and as consistent with the
education, training, experience, and current competency of the licensee; and
(b) practice under a written practice plan approved by the division in collaboration with the
board, entered into with a consulting physician, and detailing guidelines by which the nurse midwife
may diagnose, treat, prescribe, consult, collaborate, and refer patients in the generally recognized
scope of practice of a nurse midwife consistent with standards published by the American College
of Nurse-Midwives, set forth in this chapter, and set forth in rules adopted by the division, which
plan includes the authority to:
(i) elicit and record a patient's complete health information, including physical examination,

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history, and laboratory findings commonly used in providing obstetrical, gynecological, and well
infant services to a patient;
(ii) assess findings and upon abnormal findings from the history, physical examination, or
laboratory findings, manage the treatment of the patient, collaborate with the consulting physician
or another qualified physician, or refer the patient to the consulting physician or to another qualified
physician as appropriate;
(iii) diagnose, plan, and implement appropriate patient care;
(iv) evaluate the results of patient care;
(v) consult as is appropriate regarding patient care and the results of patient care;
(vi) manage the intrapartum period according to accepted standards of nurse midwifery
practice, including performance of routine episiotomy and repairs, and administration of anesthesia,
including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and
major conduction anesthesia;
(vii) manage the postpartum period;
(viii) provide gynecological services;
(ix) provide noncomplicated newborn and infant care to the age of one year; and
(x) represent or hold oneself out as a registered nurse certified nurse midwife, certified nurse
midwife, or nurse midwife, or use the title registered nurse certified nurse midwife, certified nurse
midwife, nurse midwife, or the initials R.N.C.N.M., C.N.M., N.M., or R.N.
(7) "Unlawful conduct" is defined in Section 58-1-501 and also includes:
(a) engaging in practice as a nurse midwife when not licensed or exempted from licensure
under this chapter, or engaging in practice as a registered nurse when not licensed or exempted from
licensure under this chapter or Title 58, Chapter 3l, Nurse Practice Act; and
(b) (i) representing or holding oneself out as a registered nurse certified nurse midwife,
certified nurse midwife, nurse midwife, or identifying oneself by the initials R.N.C.N.M., C.N.M.,
or N.M. when not licensed under this chapter;
(ii) representing or holding out oneself as a registered nurse or identifying oneself by the
initials R.N. when not licensed under this chapter or Title 58, Chapter 31; or

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(iii) use of any other title, initials, or any other means indicating that one is licensed under
this chapter.
(8) "Unprofessional conduct" is defined in Section 58-1-501 and also includes:
(a) any unlawful act, omission, or practice as a nurse midwife;
(b) failure to practice in accordance with accepted standards and ethics of the profession;
(c) disregard for a patient's dignity or right to privacy as to [his] her person, condition,
possessions, or medical record;
(d) verbally or physically abusing a patient;
(e) engaging in an act, practice, or omission which when considered with the duties and
responsibilities of a nurse midwife does or could jeopardize the health, safety, or welfare of a patient
or the public;
(f) failure to confine one's practice as a nurse midwife to those acts or practices permitted
by law;
(g) engaging in any act or practice as a nurse midwife in which one is not competent by
education, preparation, experience, or physical or mental condition; or
(h) acts, practices, or omissions which result in the individual's license to practice in any
health care profession in Utah or any other jurisdiction being subjected to disciplinary action.
Section 87. Section 58-47b-304 is amended to read:
58-47b-304. Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307, the following
individuals may engage in the practice of massage as defined under this chapter, subject to the stated
circumstances and limitations, without being licensed, but may not represent themselves as a
massage technician or massage apprentice:
(a) physicians licensed under Title 58, Chapter 12, Part 5, Medical Practice Act;
(b) nurses licensed under Title 58, Chapter 31, Nurse Practice Act, or under Title 58, Chapter
44a, Nurse Midwife Practice Act;
(c) physical therapists licensed under Title 58, Chapter 24a, Physical Therapist Practice Act;
(d) osteopaths licensed under Title 58, Chapter 12, Part 1, Osteopathic Medicine Licensing

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Act;
(e) chiropractors licensed under Title 58, Chapter [12, Part 7, Chiropractic Improvements]
73, Chiropractic Physician Practice Act;
(f) hospital staff members employed by a hospital who practice massage as part of their
responsibilities;
(g) athletic trainers who practice massage as part of their responsibilities while employed
by an educational institution or an athletic team that participates in organized sports competition;
(h) students in training enrolled in a massage therapy school approved by the division; and
(i) individuals engaging in lymphatic massage and who meet training standards as defined
by division rule.
(2) This chapter may not be construed to authorize any individual licensed as a massage
technician to engage in any manner in the practice of medicine as defined by the laws of this state.
(3) This chapter may not be construed to:
(a) create or require insurance coverage or reimbursement for massage from third party
payors if this type of coverage did not exist on or before February 15, 1990; or
(b) prevent any insurance carrier from offering coverage for massage.
Section 88. Section 58-55-503 is amended to read:
58-55-503. Penalty for unlawful conduct -- Citations.
(1) Any person who violates Subsections 58-55-501(1) through (14), (16), (17) or (18), or
who fails to comply with a citation issued under this section after it is final, is guilty of a class A
misdemeanor. Any person who violates the provisions of Subsection 58-55-501(8) or (13) may not
be awarded and may not accept a contract for the performance of the work. Any licensee who
submits a notice of intent to request an increase in the monetary limit under Subsection
58-55-309(5), but who is not granted an increase sufficient to cover the award of a contract upon
which he has bid, may not be awarded and may not accept the contract.
(2) Any person who violates the provisions of Subsection 58-55-501(15) is guilty of an
infraction unless the violator did so with the intent to deprive the person to whom money is to be
paid of the money received, in which case the violator is guilty of theft, as classified in Section

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76-6-412.
(3) Grounds for immediate suspension of the licensee's license by the division and the board
include the failure by a licensee to make application to, report to, or notify the division with respect
to any matter for which application, notification, or reporting is required under this chapter or rules
adopted under this chapter, including applying to the division for a new license to engage in a new
specialty classification or to do business under a new form of organization or business structure,
filing with the division current financial statements, notifying the division concerning loss of
insurance coverage, or change in qualifier.
(4) (a) If upon inspection or investigation, the division concludes that a contractor has
violated the provisions of Subsections 58-55-501(1), (2), (3), or any rule or order issued with respect
to these subsections, and that disciplinary action is appropriate, the director or his designee from
within the division for each alternative respectively, shall, promptly issue a citation to the contractor
according to this chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or
notify the contractor to appear before an adjudicative proceeding conducted under Title 63, Chapter
46b, Administrative Procedures Act.
(i) Any person who is in violation of the provisions of Subsection 58-55-501(1), (2), or (3),
as evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in an
adjudicative proceeding, may be assessed a fine pursuant to this Subsection (4)[(i)] and may, in
addition to or in lieu of, be ordered to cease and desist from violating Subsection 58-55-501(1), (2),
or (3).
(ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-55-401
may not be assessed through a citation.
(b) Each citation shall be in writing and describe with particularity the nature of the
violation, including a reference to the provision of the chapter, rule, or order alleged to have been
violated. The citation shall clearly state that the recipient must notify the division in writing within
20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
conducted under Title 63, Chapter 46b, Administrative Procedures Act. The citation shall clearly
explain the consequences of failure to timely contest the citation or to make payment of any fines

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assessed by the citation within the time specified in the citation.
(c) The division may issue a notice in lieu of a citation.
(d) Each citation issued under this section, or a copy of each citation, may be served upon
any person upon whom a summons may be served in accordance with the Utah Rules of Civil
Procedure and may be made personally or upon his agent by a division investigator or by any person
specially designated by the director or by mail.
(e) If within 20 calendar days from the service of a citation, the person to whom the citation
was issued fails to request a hearing to contest the citation, the citation becomes the final order of
the division and is not subject to further agency review. The period to contest a citation may be
extended by the division for cause.
(f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with a citation after it becomes final.
(g) The failure of an applicant for licensure to comply with a citation after it becomes final
is a ground for denial of license.
(h) No citation may be issued under this section after the expiration of six months following
the occurrence of any violation.
(i) Fines shall be assessed by the director or his designee according to the following:
(i) for a first offense handled pursuant to Subsection (4) (a), a fine of up to $1,000;
(ii) for a second offense handled pursuant to Subsection (4) (a), a fine of up to $2,000; and
(iii) for any subsequent offense handled pursuant to Subsection (4) (a), a fine of up to $2,000
for each day of continued offense.
(j) (i) For purposes of issuing a final order under this section and assessing a fine under
Subsection (4)(i), an offense constitutes a second or subsequent offense if:
(A) the division previously issued a final order determining that a person committed a first
or second offense in violation of Subsection 58-55-501(1), (2), or (3); or
(B) (I) the division initiated an action for a first or second offense;
(II) no final order has been issued by the division in the action initiated under Subsection
(4)(j)(i)(B)(I);

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(III) the division determines during an investigation that occurred after the initiation of the
action under Subsection (4)(j)(i)(B)(I) that the person committed a second or subsequent violation
of the provisions of Subsection 58-55-501(1), (2), or (3); and
(IV) after determining that the person committed a second or subsequent offense under
Subsection (4)(j)(i)(B)(III), the division issues a final order on the action initiated under Subsection
(4)(j)(i)(B)(I).
(ii) In issuing a final order for a second or subsequent offense under Subsection (4)(j)(i), the
division shall comply with the requirements of this section.
(5) Any penalty imposed by the director under Subsection (4) (i) shall be deposited into the
Commerce Service Fund. Any penalty which is not paid may be collected by the director by either
referring the matter to a collection agency or bringing an action in the district court of the county in
which the person against whom the penalty is imposed resides or in the county where the office of
the director is located. Any county attorney or the attorney general of the state is to provide legal
assistance and advice to the director in any action to collect the penalty. In any action brought to
enforce the provisions of this section, reasonable attorney's fees and costs shall be awarded.
Section 89. Section 58-60-114 is amended to read:
58-60-114. Confidentiality -- Exemptions.
(1) A mental health therapist under this chapter may not disclose any confidential
communication with a client or patient without the express consent of:
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) the authorized agent of a client or patient.
(2) A mental health therapist under this chapter is not subject to Subsection (1) if:
(a) he is permitted or required by state or federal law, rule, regulation, or order to report or
disclose any confidential communication, including:
(i) reporting under Title 62A, Chapter [4] 4a, Part [5] 4, Child Abuse or Neglect Reporting
Requirements;
(ii) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of Disabled

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Adult;
(iii) reporting under Title 78, Chapter 14a, Limitation of Therapist's Duty to Warn;
(iv) reporting of a communicable disease as required under Section 26-6-6;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
(c) the disclosure is made under a generally recognized professional or ethical standard that
authorizes or requires the disclosure.
Section 90. Section 58-61-307 is amended to read:
58-61-307. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following may engage
in acts included within the definition of practice as a psychologist, subject to the stated
circumstances and limitations, without being licensed under this chapter:
(1) the following when practicing within the scope of the license held:
(a) a physician and surgeon or osteopathic physician licensed under Chapter [12] 67,
[Practice of Medicine and Surgery] Utah Medical Practice Act, or Chapter 68, Utah Osteopathic
Medical Practice Act; and
(b) a registered psychiatric mental health nurse specialist licensed under Chapter [31] 68,
Nurse Practice Act;
(2) a recognized member of the clergy while functioning in his ministerial capacity as long
as he does not represent himself as or use the title of psychologist;
(3) an individual who is offering expert testimony in any proceeding before a court,
administrative hearing, deposition upon the order of any court or other body having power to order
the deposition, or proceedings before any master, referee, or alternative dispute resolution provider;
(4) an individual engaged in performing hypnosis who is not licensed under Title 58,
Occupations and Professions, in a profession which includes hypnosis in its scope of practice, and
who:
(a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or altering
lifestyles or habits, such as eating or smoking, through hypnosis;

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(ii) consults with a client to determine current motivation and behavior patterns;
(iii) prepares the client to enter hypnotic states by explaining how hypnosis works and what
the client will experience;
(iv) tests clients to determine degrees of suggestibility;
(v) applies hypnotic techniques based on interpretation of consultation results and analysis
of client's motivation and behavior patterns; and
(vi) trains clients in self-hypnosis conditioning;
(b) may not:
(i) engage in the practice of mental health therapy;
(ii) represent himself using the title of a license classification in Subsection 58-60-102(5);
or
(iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
generally recognized diagnostic and statistical manuals of medical, psychological, or dental
disorders;
(5) an individual's exemption from licensure under Subsection 58-1-307(1)(b) or (c) while
completing any supervised clinical training requirement for licensure as a psychologist extends not
more than one year from the date the minimum requirement for training is completed, unless the
individual presents satisfactory evidence to the division and the Psychologist Licensing Board that
the individual is making reasonable progress toward passing the qualifying examination or is
otherwise on a course reasonably expected to lead to licensure as a psychologist, but any exemption
under this subsection may not exceed two years past the date the minimum supervised clinical
training requirement has been completed;
(6) an individual holding an earned doctoral degree in psychology who is employed by an
accredited institution of higher education and who conducts research and teaches in that individual's
professional field, but only if the individual does not engage in providing delivery or supervision of
professional services regulated under this chapter to individuals or groups regardless of whether
there is compensation for the services;
(7) any individual who was employed as a psychologist by a state, county, or municipal

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agency or other political subdivision of the state prior to July 1, 1981, and who subsequently has
maintained employment as a psychologist in the same state, county, or municipal agency or other
political subdivision while engaged in the performance of his official duties for that agency or
political subdivision; and
(8) an individual certified as a school psychologist under Section 53A-6-101:
(a) may represent himself as and use the terms "school psychologist" or "certified school
psychologist"; and
(b) is restricted in his practice to employment within settings authorized by the State Board
of Education; and
(9) an individual providing advice or counsel to another individual in a setting of their
association as friends or relatives and in a nonprofessional and noncommercial relationship, if there
is no compensation paid for the advice or counsel.
Section 91. Section 58-67-102 is amended to read:
58-67-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Administrative penalty" means a monetary fine imposed by the division for acts or
omissions determined to constitute unprofessional or unlawful conduct, as a result of an adjudicative
proceeding conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
American Medical Association.
(3) "Board" means the [Physician's] Physicians Licensing Board created in Section
58-67-201.
(4) "Diagnose" means:
(a) to examine in any manner another person, parts of a person's body, substances, fluids,
or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
determine the source, nature, kind, or extent of a disease or other physical or mental condition;
(b) to attempt to conduct an examination or determination described under Subsection (4)(a);
(c) to hold oneself out as making or to represent that one is making an examination or

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determination as described in Subsection (4)(a); or
(d) to make an examination or determination as described in Subsection (4)(a) upon or from
information supplied directly or indirectly by another person, whether or not in the presence of the
person making or attempting the diagnosis or examination.
(5) "LCME" means the Liaison Committee on Medical Education of the American Medical
Association.
(6) "Medical assistant" means an unlicensed individual working under the direct and
immediate supervision of a licensed physician and surgeon and engaged in specific tasks assigned
by the licensed physician and surgeon in accordance with the standards and ethics of the profession.
(7) "Physician" means both physicians and surgeons licensed under Section 58-67-301, Utah
Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301,
Utah Osteopathic Medical Practice Act.
(8) "Practice of medicine" means:
(a) to diagnose, treat, correct, or prescribe for any human disease, ailment, injury, infirmity,
deformity, pain or other condition, physical or mental, real or imaginary, or to attempt to do so, by
any means or instrumentality, and by an individual in Utah or outside the state upon or for any
human within the state;
(b) when a person not licensed as a physician directs a licensee under this chapter to
withhold or alter the health care services that the licensee has ordered;
(c) to maintain an office or place of business for the purpose of doing any of the acts
described in Subsection (8)(a) whether or not for compensation; or
(d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
treatment of human diseases or conditions in any printed material, stationery, letterhead, envelopes,
signs, or advertisements, the designation "doctor", "doctor of medicine", "physician", "surgeon",
"physician and surgeon", "Dr.," "M.D.," or any combination of these designations in any manner
which might cause a reasonable person to believe the individual using the designation is a licensed
physician and surgeon, and if the party using the designation is not a licensed physician and surgeon,
the designation must additionally contain the description of the branch of the healing arts for which

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the person has a license.
(9) "Prescription drug or device" means:
(a) a drug or device which, under federal law, is required to be labeled with either of the
following statements or their equivalent:
(i) "CAUTION: Federal law prohibits dispensing without prescription"; or
(ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
veterinarian"; or
(b) a drug or device that is required by any applicable federal or state law or rule to be
dispensed on prescription only or is restricted to use by practitioners only.
(10) "SPEX" means the Special Purpose Examination of the Federation of State Medical
Boards.
(11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-67-501.
(12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-67-502, and as may
be further defined by division rule.
Section 92. Section 58-67-201 is amended to read:
58-67-201. Board.
(1) There is created the [Physician's] Physicians Licensing Board consisting of nine
physicians and surgeons and two members of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) (a) The duties and responsibilities of the board shall be in accordance with Sections
58-1-202 and 58-1-203.
(b) The board may also designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee; and
(ii) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its
investigation may be disqualified from participating with the board when the board serves as a
presiding officer in an adjudicative proceeding concerning that complaint.

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Section 93. Section 58-68-102 is amended to read:
58-68-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Administrative penalty" means a monetary fine imposed by the division for acts or
omissions determined to constitute unprofessional or unlawful conduct, as a result of an adjudicative
proceeding conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
American Medical Association.
(3) "AOA" means the American Osteopathic Association.
(4) "Board" means the Osteopathic [Physician's] Physicians Licensing Board created in
Section 58-68-201.
(5) "Diagnose" means:
(a) to examine in any manner another person, parts of a person's body, substances, fluids,
or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
determine the source, nature, kind, or extent of a disease or other physical or mental condition;
(b) to attempt to conduct an examination or determination described under Subsection (5)(a);
or
(c) to hold oneself out as making or to represent that one is making an examination or
determination as described in Subsection (5)(a); or
(d) to make an examination or determination as described in Subsection (5)(a) upon or from
information supplied directly or indirectly by another person, whether or not in the presence of the
person making or attempting the diagnosis or examination.
(6) "Medical assistant" means an unlicensed individual working under the direct and
immediate supervision of a licensed osteopathic physician and surgeon and engaged in specific tasks
assigned by the licensed osteopathic physician and surgeon in accordance with the standards and
ethics of the profession.
(7) "Physician" means both physicians and surgeons licensed under Section 58-67-301, Utah
Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301,

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Utah Osteopathic Medical Practice Act.
(8) "Practice of osteopathic medicine" means:
(a) to diagnose, treat, correct, or prescribe for any human disease, ailment, injury, infirmity,
deformity, pain, or other condition, physical or mental, real or imaginary, or to attempt to do so, by
any means or instrumentality, which in whole or in part is based upon emphasis of the importance
of the musculoskeletal system and manipulative therapy in the maintenance and restoration of health,
by an individual in Utah or outside of the state upon or for any human within the state;
(b) when a person not licensed as a physician directs a licensee under this chapter to
withhold or alter the health care services that the licensee has ordered;
(c) to maintain an office or place of business for the purpose of doing any of the acts
described in Subsection (8)(a) whether or not for compensation; or
(d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes,
signs, or advertisements, the designation "doctor," "doctor of osteopathic medicine," "osteopathic
physician," "osteopathic surgeon," "osteopathic physician and surgeon," "Dr.," "D.O.," or any
combination of these designations in any manner which might cause a reasonable person to believe
the individual using the designation is a licensed osteopathic physician, and if the party using the
designation is not a licensed osteopathic physician, the designation must additionally contain the
description of the branch of the healing arts for which the person has a license.
(9) "Prescription drug or device" means:
(a) a drug or device which, under federal law, is required to be labeled with either of the
following statements or their equivalent:
(i) "CAUTION: Federal law prohibits dispensing without prescription"; or
(ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
veterinarian"; or
(b) a drug or device that is required by any applicable federal or state law or rule to be
dispensed on prescription only or is restricted to use by practitioners only.
(10) "SPEX" means the Special Purpose Examination of the Federation of State Medical

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Boards.
(11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-68-501.
(12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-68-502 and as may
be further defined by division rule.
Section 94. Section 58-69-201 is amended to read:
58-69-201. Board.
(1) There is created the Dentist and Dental Hygienist Licensing Board, consisting of six
licensed dentists, two licensed dental hygienists, and one member of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) (a) The duties and responsibilities of the board shall be in accordance with Sections
58-1-202 and 58-1-203.
(b) In addition, the board shall designate one of its members on a permanent or rotating basis
to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee; and
(ii) advise the division with respect to the conduct of investigations of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its
investigation may be disqualified from participating with the board when the board serves as a
presiding officer in an adjudicative proceeding concerning the complaint.
(5) Board members may serve as examiners for licensing examinations established under
Section 58-69-302 when requested by the examining body.
(6) Board members serving as examiners shall be compensated in accordance with
Subsection 58-1-201[(3)](4), but may not be compensated for per diem or allowable expenses if they
are eligible to receive compensation from the examining body.
Section 95. Section 58-69-305 is amended to read:
58-69-305. Continuous quality improvement program -- Licensee participation --
Division approval of programs.
(1) (a) On and after July 1, 1996, each licensee under this chapter shall participate in a

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continuous quality improvement program.
(b) The licensee may select any program approved by the division.
(2) The division shall, by rule made in collaboration with the board, establish criteria for
division approval of continuous quality improvement programs under this section.
(3) A continuous quality improvement program shall be conducted by or under the direction
of:
(a) a professional association approved by the division in collaboration with the board; or
(b) a private organization determined by the division in collaboration with the board to be
qualified to conduct a development program regarding quality of practice.
(4) A continuous quality improvement program applying for division approval under this
section shall:
(a) submit an application in a form prescribed by the division; and
(b) demonstrate the program meets criteria established by rule in accordance with Subsection
(2).
(5) Members of a continuous quality improvement program approved by the division are
immune from liability as provided in Section [58-12-25] 58-13-4.
Section 96. Section 58-71-102 is amended to read:
58-71-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Administrative penalty" means a monetary fine imposed by the division for acts or
omissions determined to constitute unprofessional or unlawful conduct, as a result of an adjudicative
proceeding conducted in accordance with Title 63, Chapter 46b, Utah Administrative Procedures
Act.
(2) "Acupuncture" has the same definition as in Section 58-72-102.
(3) "Board" means the Naturopathic [Physician's] Physicians Licensing Board created in
Section 58-71-201.
(4) "Diagnose" means:
(a) to examine in any manner another person, parts of a person's body, substances, fluids,

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or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
determine the source, nature, kind, or extent of a disease or other physical or mental condition;
(b) to attempt to conduct an examination or determination described under Subsection (4)(a);
or
(c) to hold oneself out as making or to represent that one is making an examination or
determination as described in Subsection (4)(a); or
(d) to make an examination or determination as described in Subsection (4)(a) upon or from
information supplied directly or indirectly by another person, whether or not in the presence of the
person making or attempting the diagnosis or examination.
(5) "Local anesthesia" means an agent, whether a natural medicine or prescription drug,
which:
(a) is applied topically or by injection in superficial tissues associated with the performance
of minor office procedures;
(b) has the ability to produce loss of sensation at the site of minor office procedures; and
(c) does not cause loss of consciousness or produce general sedation.
(6) "Medical naturopathic assistant" means an unlicensed individual working under the
direct and immediate supervision of a licensed naturopathic physician and engaged in specific tasks
assigned by the licensed naturopathic physician in accordance with the standards and ethics of the
profession.
(7) (a) "Minor office procedures" means:
(i) the use of operative, electrical, or other methods for repair and care of superficial
lacerations, abrasions, and benign lesions;
(ii) removal of foreign bodies located in the superficial tissues, excluding the eye or ear; and
(iii) the use of antiseptics and local anesthetics in connection with minor office surgical
procedures; and
(b) "Minor office procedures" does not include:
(i) general or spinal anesthesia;
(ii) office procedures more complicated or extensive than those set forth in Subsection

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(7)(a);
(iii) procedures involving the eye; or
(iv) any office procedure involving tendons, nerves, veins, or arteries.
(8) "Natural medicine" means:
(a) food, food extracts, dietary supplements as defined by the federal Food, Drug, and
Cosmetics Act, all homeopathic remedies, and plant substances that are not designated as
prescription drugs or controlled substances;
(b) over-the-counter medications;
(c) other non-prescription substances, the prescription or administration of which is not
otherwise prohibited or restricted under federal or state law; and
(d) prescription drugs:
(i) that are not controlled substances as defined in Section 58-37-2;
(ii) the prescription of which is consistent with the competent practice of naturopathic
medicine; and
(iii) the prescription of which is approved by the division in collaboration with the
naturopathic formulary advisory peer committee.
(9) (a) "Naturopathic childbirth" means uncomplicated natural childbirth assisted by a
naturopathic physician, and includes the use of:
(i) natural medicines; and
(ii) uncomplicated episiotomy.
(b) "Naturopathic childbirth" does not include the use of:
(i) forceps delivery;
(ii) general or spinal anesthesia;
(iii) caesarean section delivery; or
(iv) induced labor or abortion.
(10) "Naturopathic mobilization therapy":
(a) means manually administering mechanical treatment of body structures or tissues for the
purpose of restoring normal physiological function to the body by normalizing and balancing the

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musculoskeletal system of the body;
(b) does not mean manipulation or adjustment of the joints of the human body beyond the
elastic barrier; and
(c) does not include manipulation as defined in Title 58, Chapter 73, Part 10, Chiropractic
Physician Practice Act.
(11) "Naturopathic physical medicine" means the use of the physical agents of air, water,
heat, cold, sound, light, and electromagnetic nonionizing radiation, and the physical modalities of
electrotherapy, biofeedback, acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy,
naturopathic mobilization therapy, and exercise. Naturopathic medicine does not include the
practice of physical therapy or physical rehabilitation.
(12) "Practice of naturopathic medicine" means:
(a) a system of primary health care for the prevention, diagnosis, and treatment of human
health conditions, injuries, and diseases that uses education, natural medicines, and natural therapies,
to support and stimulate the patient's intrinsic self-healing processes:
(i) using naturopathic childbirth, but only if:
(A) the licensee meets standards of the American College of Naturopathic Obstetricians
(ACNO) or its successor as determined by the division in collaboration with the board; and
(B) the licensee follows a written plan for naturopathic physicians practicing naturopathic
childbirth approved by the division in collaboration with the board, which includes entering into an
agreement with a consulting physician and surgeon or osteopathic physician, in cases where the
scope of practice of naturopathic childbirth may be exceeded and specialty care and delivery is
indicated, detailing the guidelines by which the naturopathic physician will:
(I) refer patients to the consulting physician; and
(II) consult with the consulting physician;
(ii) using naturopathic mobilization therapy;
(iii) using naturopathic physical medicine;
(iv) using minor office procedures;
(v) prescribing or administering natural medicine;

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(vi) prescribing medical equipment and devices, diagnosing by the use of medical equipment
and devices, and administering therapy or treatment by the use of medical devices necessary and
consistent with the competent practice of naturopathic medicine;
(vii) prescribing barrier devices for contraception;
(viii) using dietary therapy;
(ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and physiological
function tests;
(x) taking of body fluids for clinical laboratory tests and using the results of the tests in
diagnosis;
(xi) taking of a history from and conducting of a physical examination upon a human patient;
and
(xii) prescribing and administering natural medicines and medical devices, except a
naturopathic physician may only administer:
(A) a prescription drug, as defined in Section [58-17-2] 58-17a-102, in accordance with
Subsection (8)(d); and
(B) local anesthesia that is not a controlled substance, and only in the performance of minor
office procedures;
(b) to maintain an office or place of business for the purpose of doing any of the acts
described in Subsection (12)(a), whether or not for compensation; or
(c) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes,
signs, or advertisements, the designation "naturopathic physician," "naturopathic doctor,"
"naturopath," "doctor of naturopathic medicine," "doctor of naturopathy," "naturopathic medical
doctor," "naturopathic medicine," "naturopathic health care," "naturopathy," "N.D.," "N.M.D.," or
any combination of these designations in any manner that might cause a reasonable person to believe
the individual using the designation is a licensed naturopathic physician.
(13) "Prescription drug or device" means:
(a) a drug or device which, under federal law, is required to be labeled with either of the

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following statements or their equivalent:
(i) "CAUTION: Federal law prohibits dispensing without prescription"; or
(ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
veterinarian"; or
(b) a drug or device that is required by any applicable federal or state law or rule to be
dispensed on prescription only or is restricted to use by practitioners only.
(14) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-71-501.
(15) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-71-502, and as may
be further defined by division rule.
Section 97. Section 58-71-201 is amended to read:
58-71-201. Board.
(1) There is created the Naturopathic [Physician's] Physicians Licensing Board consisting
of three licensed naturopathic physicians and two members of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) (a) The duties and responsibilities of the board shall be in accordance with Sections
58-1-202 and 58-1-203.
(b) The board may also designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee; and
(ii) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its
investigation may be disqualified from participating with the board when the board serves as a
presiding officer in an adjudicative proceeding concerning that complaint.
Section 98. Section 59-2-405 is amended to read:
59-2-405. Uniform fee on tangible personal property required to be registered with the
state.
(1) The property described in Subsection (2), except (2)(b) and (c), is exempt from ad
valorem property taxes pursuant to Utah Constitution Article XIII, Section 14.

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(2) There is levied in lieu of the ad valorem tax an annual statewide uniform fee based on
the value of motor vehicles, watercraft, recreational vehicles, and all other tangible personal property
required to be registered with the state before it is used on a public highway, on a public waterway,
on public land, or in the air. The following personal property is exempt from the statewide uniform
fee imposed by this section:
(a) aircraft;
(b) vintage vehicles as defined in Section 41-21-1;
(c) interstate motor carriers entitled to protection under Title 49, Section [11503a] 14502 of
the United States Code; and
(d) personal property that is exempt from state or county ad valorem property taxes under
the laws of this state or of the federal government.
(3) The uniform fee is 1.7% of the fair market value of the personal property, as established
by the commission.
(4) Notwithstanding Section 59-2-407, property subject to the uniform fee that is brought
into the state and is required to be registered in Utah shall, as a condition of registration, be subject
to the uniform fee unless all property taxes or uniform fees imposed by the state of origin have been
paid for the current calendar year.
(5) (a) The revenues collected in each county from the uniform fee shall be distributed by
the county to each taxing entity in which the property described in Subsection (2) is located in the
same proportion in which revenue collected from ad valorem real property tax is distributed.
(b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in the
same proportion in which revenue collected from ad valorem real property tax is distributed.
(6) Appeals of the valuation of the tangible personal property described in Subsection (2)
shall be filed pursuant to Section 59-2-1005.
Section 99. Section 59-7-605 is amended to read:
59-7-605. Definitions -- Credit -- Cleaner burning fuels.
(1) As used in this section:
(a) "Board" means the Air Quality Board created under Title 19, Chapter 2, [Environmental

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Quality Code] Air Conservation Act.
(b) "Certified by the board" means that a motor vehicle on which conversion equipment has
been installed meets the following criteria:
(i) prior to the installation of conversion equipment, the vehicle does not exceed the emission
cut points for transient test driving cycle, as specified in 40 CFR 51, Appendix E to Subpart S, or
an equivalent test for the make, model, and year of the vehicle;
(ii) the vehicle's emissions of regulated pollutants, when operating on fuels listed in
Subsections 59-7-605(2)(b) and 59-10-127(2)(b), is less than prior to installation of conversion
equipment; and
(iii) reduction in emissions under Subsection (b)(ii) is demonstrated by:
(A) certification of the conversion equipment by the federal Environmental Protection
Agency or by a state whose certification standards are recognized by the board;
(B) the vehicle is tested, before and after installation of the conversion equipment, in
accordance with 40 CFR 86, Control of Air Pollution from New and In-use Motor Vehicle Engines:
Certification and Test Procedures, using all fuel the vehicle is capable of using; or
(C) any other test or standard recognized by board rule.
(c) "Conversion equipment" means equipment referred to in Subsection 59-7-605(2)(b) [and
Subsection 59-7-127(2)(b)].
(d) "Special fuel mobile equipment[:]":
(i) means any mobile equipment or vehicle that uses special fuel and is not designed or used
primarily for the transportation of persons or property; and
(ii) includes construction or maintenance equipment.
(2) For tax years beginning January 1, 1997, and ending December 31, 2001, there is a credit
against tax otherwise due under this chapter or Chapter 8, Gross Receipts Tax on Certain
Corporations Not Required to Pay Corporate Franchise or Income Tax Act, in an amount equal to:
(a) 20%, up to a maximum of $500 per vehicle, of the cost of new motor vehicles being
registered in Utah and for the first time that:
(i) are fueled by propane, natural gas, or electricity;

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(ii) are fueled by other fuel the board determines annually on or before July 1 to be at least
as effective in reducing air pollution as fuels under Subsection (2)(a)(i) in reducing air pollution; or
(iii) meet the clean fuel vehicle standards in the federal Clean Air Act Amendments of 1990,
Title II;
(b) 20%, up to a maximum of $400, of the cost of equipment for conversion, if certified by
the board, of a motor vehicle registered in Utah to:
(i) be fueled by propane, natural gas, or electricity;
(ii) be fueled by other fuel the board determines annually on or before July 1 to be at least
as effective in reducing air pollution as fuels under Subsection (2)(a)(i); or
(iii) meet the federal clean-fuel vehicle standards under Subsection (2)(a)(iii); and
(c) 20%, up to a maximum of $500, of the cost of equipment for conversion, if certified by
the board, of a special fuel mobile equipment engine to be fueled by:
(i) propane, natural gas, or electricity; or
(ii) other fuel the board determines annually on or before July 1 to be:
(A) at least as effective in reducing air pollution as the fuels under Subsection (2)(c)(i); or
(B) substantially more effective in reducing air pollution than the fuel for which the engine
was originally designed.
(3) A taxpayer shall provide proof of the purchase of an item for which a credit is allowed
under this section by:
(a) providing proof to the board in the form it requires by rule;
(b) receiving a written statement from the board acknowledging receipt of the proof; and
(c) attaching the written statement obtained from the board to the tax return in which the
credit is claimed.
(4) This credit is allowed only:
(a) against any Utah tax owed in the taxable year by the taxpayer; and
(b) in the taxable year in which the item is purchased for which the credit is claimed.
Section 100. Section 59-10-530.5 is amended to read:
59-10-530.5. Homeless contribution -- Credit to Homeless Trust Account.

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(1) Each taxpayer required to file a return pursuant to Section 59-10-502 may designate on
the return a contribution of $2, $5, $10, or another amount not less than $2, or no contribution, to
the state Homeless Trust Account. Any amount designated as a contribution to this program is to
be deducted from the individual's state tax refund and, if a joint return, shall be a joint contribution.
This option, once exercised, is irrevocable during the tax year in which it was effective. If no refund
is due, the taxpayer may remit the contribution with the return.
(2) The commission may promulgate rules to implement this section.
(3) The commission shall determine annually the total amount designated pursuant to this
section and shall report such amount to the state treasurer who shall credit such amount to the
Homeless Trust Account as provided for in Section [55-22-3] 9-4-803.
(4) This section applies to calendar-year taxpayers beginning January 1, 1988, and to
fiscal-year taxpayers for any part of the taxable year accruing after December 31, 1988, and to all
taxable years thereafter.
Section 101. Section 62A-3-107 is amended to read:
62A-3-107. Board -- Policymaking authority.
(1) The board is the program policymaking body for the division and for programs funded
with state and federal money under Sections 62A-3-104.1 and [63A-3-104.2] 62A-3-104.2. In
establishing policy, the board shall seek input from local area agencies on aging, consumers,
providers, advocates, division staff, and other interested parties as determined by the board.
(2) The board shall establish, by rule, procedures for developing its policies which ensure
that local area agencies on aging are given opportunity to comment and provide input on any new
policy of the board, and on any proposed changes in the board's existing policy. The board shall also
provide a mechanism for review of its existing policy, and for consideration of policy changes that
are proposed by those local area agencies.
Section 102. Section 62A-3-304 is amended to read:
62A-3-304. Adult protective services provided by division -- Costs -- Procedures.
(1) The division shall furnish, to the extent funded by the Legislature, adult protective
services in response to referrals of abuse, neglect, or exploitation involving disabled or elder adults

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in need of protection. Those services may be provided by voluntary agreement or upon court order,
in accordance with this section and Sections 62A-3-305, 62A-3-306, 62A-3-309, and 62A-3-310.
(2) Disabled or elder adults who receive protective services from the division shall receive
those services knowingly and voluntarily, and without coercion in accordance with Subsection (5),
unless the services are court ordered in accordance with Subsections (6), (7), and (8) and Sections
62A-3-305, 62A-3-306, 62A-3-307, 62A-3-308, and 62A-3-309.
(3) Costs incurred in providing protective services are the responsibility of the disabled or
elder adult if:
(a) the disabled or elder adult to be protected is eligible for those services from another
governmental agency;
(b) the disabled or elder adult to be protected is financially able to pay for those services
according to rates established by the division and that payment is provided for as part of the written
agreement for services described in Subsection [(5) (b)] (4)(b); or
(c) the court appoints a guardian and orders that the costs be paid from the disabled or elder
adult's estate.
(4) (a) Protective services may be provided without a court order, after review by the
division, for a disabled or elder adult who has the capacity to consent and who requests or knowingly
and voluntarily consents to receive those services.
(b) Whenever the division provides adult protective services, a written agreement shall be
executed by the division and the recipient, setting forth the purposes and limitations of the services
to be provided. If consent to protective services is subsequently withdrawn by the disabled or elder
adult, services provided under this section shall cease.
(5) Involuntary protective services may be provided to a disabled adult who does not consent
or who lacks the capacity to consent to those services only upon court order in accordance with
Section 62A-3-305.
(6) When protective services are furnished pursuant to court order in accordance with
Sections 62A-3-305, 62A-3-306, 62A-3-307, 62A-3-308, and 62A-3-309, the disabled or elder adult
receiving those services has the following rights prior to the provision of services:

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(a) personal service of a copy of the petition for protective services which complies with
Section 62A-3-305;
(b) the right to a hearing before a district court, with at least ten days' notice of the contents
of the petition, the rights set forth in this section, and of the possible consequences of the hearing.
This notice shall also be provided to all reasonably ascertainable persons and agencies having some
responsibility for the disabled or elder adult's welfare, and to his guardian;
(c) the right to be present at the hearing described in Subsection (b), unless the disabled or
elder adult has knowingly and voluntarily waived the right to be present, or a licensed physician who
is not the petitioner or an agent of the petitioner, has certified that the disabled or elder adult is
physically unable to attend, in which case the court shall appoint a court investigator to personally
interview that disabled or elder adult and determine his desires concerning the hearing. Waiver shall
not be presumed by nonappearance of the disabled or elder adult, but shall be determined at the
hearing on the basis of factual information supplied to the court;
(d) the right to counsel at the hearing, in preparation for the hearing, and at every significant
stage of the protective service. If a disabled or elder adult is unable to afford counsel, the court shall
appoint counsel, who shall be paid by the division in accordance with Subsection (3);
(e) the right to offer evidence on his behalf, to compel the attendance of witnesses, and to
confront and cross-examine witnesses. The disabled or elder adult shall also be provided a written
statement setting forth the reasons for and conditions of any protective order; and
(f) the right to the least possible restriction of his rights, consistent with his welfare and
safety.
(7) Nothing in this section limits specific procedures under Title 75, or under the protective
placement process described in Section 62A-3-309, designed to safeguard the best interests of the
person to be protected.
Section 103. Section 62A-4a-606 is amended to read:
62A-4a-606. Child placing agency responsibility for educational services -- Payment
of costs.
(1) A child placing agency shall ensure that the requirements of Section 53A-11-101 are met

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through the provision of appropriate educational services for all children served in the state by the
agency.
(2) If the educational services are to be provided through a public school, and:
(a) the custodial parent or legal guardian resides outside the state, then the child placing
agency shall pay all educational costs required under Sections 53A-2-205 and 53A-12-102; or
(b) the custodial parent or legal guardian resides within the state, then the child placing
agency shall pay all educational costs required under [Sections 53A-2-203 and] Section 53A-12-102.
(3) Children in the custody or under the care of a Utah state agency are exempt from the
payment of fees required under Subsection (2).
(4) A public school shall admit any child living within its school boundaries who is under
the supervision of a child placing agency upon payment by the agency of the tuition and fees
required under Subsection (2).
Section 104. Section 62A-8-204 is amended to read:
62A-8-204. Court order to attend substance abuse school -- Assessments.
(1) In addition to any other disposition ordered by the juvenile court pursuant to Section
[78-3a-39] 78-3a-516, the court may order a juvenile and his parents or legal guardians to attend a
teen substance abuse school, and order payment of an assessment in addition to any other fine
imposed.
(2) All assessments collected shall be forwarded to the county treasurer of the county where
the juvenile resides, to be used exclusively for the operation of a teen substance abuse program.
Section 105. Section 62A-12-282.1 is amended to read:
62A-12-282.1. Residential and inpatient settings -- Commitment proceeding -- Child
in physical custody of local mental health authority.
(1) A child may receive services from a local mental health authority in an inpatient or
residential setting only after a commitment proceeding, for the purpose of transferring physical
custody, has been conducted in accordance with the requirements of this section.
(2) That commitment proceeding shall be initiated by a petition for commitment, and shall
be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the

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procedures and requirements of this section. If the findings described in Subsection (4) exist, the
proceeding shall result in the transfer of physical custody to the appropriate local mental health
authority, and the child may be placed in an inpatient or residential setting.
(3) The neutral and detached fact finder who conducts the inquiry:
(a) shall be a designated examiner, as defined in Subsection 62A-12-202(3); and
(b) may not profit, financially or otherwise, from the commitment or physical placement of
the child in that setting.
(4) Upon determination by the fact finder that the following circumstances clearly exist, he
may order that the child be committed to the physical custody of a local mental health authority:
(a) the child has a mental illness, as defined in Subsection 62A-12-202(8);
(b) the child demonstrates a risk of harm to himself or others;
(c ) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from care and treatment by the local mental health authority; and
(e) there is no appropriate less-restrictive alternative.
(5) (a) The commitment proceeding before the neutral and detached fact finder shall be
conducted in as informal manner as possible, and in a physical setting that is not likely to have a
harmful effect on the child.
(b) The child, the child's parent or legal guardian, the person who submitted the petition for
commitment, and a representative of the appropriate local mental health authority shall all receive
informal notice of the date and time of the proceeding. Those parties shall also be afforded an
opportunity to appear and to address the petition for commitment.
(c) The neutral and detached fact finder may, in his discretion, receive the testimony of any
other person.
(d) The fact finder may allow the child to waive his right to be present at the commitment
proceeding, for good cause shown. If that right is waived, the purpose of the waiver shall be made
a matter of record at the proceeding.
(e) At the time of the commitment proceeding, the appropriate local mental health authority,
its designee, or the psychiatrist who has been in charge of the child's care prior to the commitment

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proceeding, shall provide the neutral and detached fact finder with the following information, as it
relates to the period of current admission:
(i) the petition for commitment;
(ii) the admission notes;
(iii) the child's diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.
(f) The information described in Subsection (e) shall also be provided to the child's parent
or legal guardian upon written request.
(g) (i) The neutral and detached fact finder's decision of commitment shall state the duration
of the commitment. Any commitment to the physical custody of a local mental health authority may
not exceed 180 days. Prior to expiration of the commitment, and if further commitment is sought,
a hearing shall be conducted in the same manner as the initial commitment proceeding, in
accordance with the requirements of this section.
(ii) When a decision for commitment is made, the neutral and detached fact finder shall
inform the child and his parent or legal guardian of that decision, and of the reasons for ordering
commitment at the conclusion of the hearing, and also in writing.
(iii) The neutral and detached fact finder shall state in writing the basis of his decision, with
specific reference to each of the criteria described in Subsection (4), as a matter of record.
(6) Absent the procedures and findings required by this section, a child may be temporarily
committed to the physical custody of a local mental health authority only in accordance with the
emergency procedures described in Subsection 62A-12-232(1) or (2). A child temporarily
committed in accordance with those emergency procedures may be held for a maximum of 72 hours,
excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the child
shall be released unless the procedures and findings required by this section have been satisfied.
(7) A local mental health authority shall have physical custody of each child committed to

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it under this section. The parent or legal guardian of a child committed to the physical custody of
a local mental health authority under this section, retains legal custody of the child, unless legal
custody has been otherwise modified by a court of competent jurisdiction. In cases when the
Division of Family Services or the Division of Youth Corrections has legal custody of a child, that
division shall retain legal custody for purposes of this part.
(8) The cost of caring for and maintaining a child in the physical custody of a local mental
health authority shall be assessed to and paid by the child's parents, according to their ability to pay.
For purposes of this section, the Division of Family Services or the Division of Youth Corrections
shall be financially responsible, in addition to the child's parents, if the child is in the legal custody
of either of those divisions at the time the child is committed to the physical custody of a local
mental health authority under this section, unless Medicaid regulation or contract provisions specify
otherwise. The Office of Recovery Services shall assist those divisions in collecting the costs
assessed pursuant to this section.
(9) Whenever application is made for commitment of a minor to a local mental health
authority under any provision of this section by a person other than the child's parent or guardian,
the local mental health authority or its designee shall notify the child's parent or guardian. The
parents shall be provided sufficient time to prepare and appear at any scheduled proceeding.
(10) (a) Each child committed pursuant to this section is entitled to an appeal within 30 days
after any order for commitment. The appeal may be brought on the child's own petition, or that of
his parent or legal guardian, to the juvenile court in the district where the child resides or is currently
physically located. With regard to a child in the custody of the Division of Family Services or the
Division of Youth Corrections, the attorney general's office shall handle the appeal, otherwise the
appropriate county attorney's office is responsible for appeals brought pursuant to this subsection.
(b) Upon receipt of the petition for appeal, the court shall appoint a designated examiner
previously unrelated to the case, to conduct an examination of the child in accordance with the
criteria described in Subsection (4), and file a written report with the court. The court shall then
conduct an appeal hearing to determine whether the findings described in Subsection (4) exist by
clear and convincing evidence.

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(c) Prior to the time of the appeal hearing, the appropriate local mental health authority, its
designee, or the mental health professional who has been in charge of the child's care prior to
commitment, shall provide the court and the designated examiner for the appeal hearing with the
following information, as it relates to the period of current admission:
(i) the original petition for commitment;
(ii) admission notes;
(iii) diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.
(d) Both the neutral and detached fact finder and the designated examiner appointed for the
appeal hearing shall be provided with an opportunity to review the most current information
described in Subsection (c) prior to the appeal hearing.
(e) The child, his parent or legal guardian, the person who submitted the original petition
for commitment, and a representative of the appropriate local mental health authority shall be
notified by the court of the date and time of the appeal hearing. Those persons shall be afforded an
opportunity to appear at the hearing. In reaching its decision, the court shall review the record and
findings of the neutral and detached fact finder, the report of the designated examiner appointed
pursuant to Subsection (b), and may, in its discretion, allow or require the testimony of the neutral
and detached fact finder, the designated examiner, the child, the child's parent or legal guardian, the
person who brought the initial petition for commitment, or any other person whose testimony the
court deems relevant. The court may allow the child to waive his right to appear at the appeal
hearing, for good cause shown. If that waiver is granted, the purpose shall be made a part of the
court's record.
(11) Each local mental health authority has an affirmative duty to conduct periodic
evaluations of the mental health and treatment progress of every child committed to its physical
custody under this section, and to release any child who has sufficiently improved so that the criteria

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justifying commitment no longer exist.
(12) (a) A local mental health authority or its designee, in conjunction with the child's
current treating mental health professional may release an improved child to a less restrictive
environment, as they determine appropriate. Whenever the local mental health authority or its
designee, and the child's current treating mental health professional, determine that the conditions
justifying commitment no longer exist, the child shall be discharged and released to his parent or
legal guardian. With regard to a child who is in the physical custody of the State Hospital, the
treating psychiatrist or clinical director of the State Hospital shall be the child's current treating
mental health professional.
(b) A local mental health authority or its designee, in conjunction with the child's current
treating mental health professional, is authorized to issue a written order for the immediate
placement of a child not previously released from an order of commitment into a more restrictive
environment, if the local authority or its designee and the child's current treating mental health
professional has reason to believe that the less restrictive environment in which the child has been
placed is exacerbating his mental illness, or increasing the risk of harm to himself or others.
(c) The written order described in Subsection (b) shall include the reasons for placement in
a more restrictive environment and shall authorize any peace officer to take the child into physical
custody and transport him to a facility designated by the appropriate local mental health authority
in conjunction with the child's current treating mental health professional. Prior to admission to the
more restrictive environment, copies of the order shall be personally delivered to the child, his parent
or legal guardian, the administrator of the more restrictive environment, or his designee, and the
child's former treatment provider or facility.
(d) If the child has been in a less restrictive environment for more than 30 days and is
aggrieved by the change to a more restrictive environment, the child or his representative may
request a review within 30 days of the change, by a neutral and detached fact finder as described in
Subsection (3). The fact finder shall determine whether:
(i) the less restrictive environment in which the child has been placed is exacerbating his
mental illness, or increasing the risk of harm to himself or others; or

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(ii) the less restrictive environment in which the child has been placed is not exacerbating
his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder
shall designate that the child remain in the less restrictive environment.
(e) Nothing in this section prevents a local mental health authority or its designee, in
conjunction with the child's current mental health professional, from discharging a child from
commitment or from placing a child in an environment that is less restrictive than that designated
by the neutral and detached fact finder.
(13) Each local mental health authority or its designee, in conjunction with the child's current
treating mental health professional shall discharge any child who, in the opinion of that local
authority, or its designee, and the child's current treating mental health professional, no longer meets
the criteria specified in Subsection (4), except as provided by Section [78-3a-40] 78-3a-520. The
local authority and the mental health professional shall assure that any further supportive services
required to meet the child's needs upon release will be provided.
(14) Even though a child has been committed to the physical custody of a local mental health
authority pursuant to this section, the child is still entitled to additional due process proceedings, in
accordance with Section 62A-12-283.1, before any treatment which may affect a constitutionally
protected liberty or privacy interest is administered. Those treatments include, but are not limited
to, antipsychotic medication, electroshock therapy, and psychosurgery.
Section 106. Section 62A-12-289 is amended to read:
62A-12-289. Responsibilities of the Division of Mental Health.
(1) It is the responsibility of the division to assure that the requirements of this part are met
and applied uniformly by local mental health authorities across the state.
(2) Since it is the division's responsibility, under Section 62A-12-102, to contract with,
review, and approve local mental health authority plans, and to withhold funds from local mental
health authorities and public and private providers for contract noncompliance, the division shall:
(a) require each local mental health authority to submit its plan to the division by May 1 of
each year;
(b) forward a copy of each local mental health authority's written plan to the Office of

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Legislative Research and General Counsel, for review by the Human Services Interim Committee,
within ten days after receiving the plan;
(c) conduct an annual program audit and review of each local mental health authority in the
state, and its contract provider; and
(d) provide a written [and oral] report to the Human Services Interim Committee on July 1,
1996, and each year thereafter, and provide an oral report to that committee, as scheduled. That
report shall provide information regarding the annual program audit, the financial status of each local
mental health authority and its contract provider, the status of each local authority's and its contract
provider's compliance with its plan, state statutes, and with the provisions of the contract awarded.
Section 107. Section 63-11-60.4 is amended to read:
63-11-60.4. Heritage trees -- Advisory committee -- Members -- Officers -- Expenses
-- Functions.
(1) There is created a Heritage Trees Advisory Committee composed of five persons
appointed by the division from among persons who are members of the Utah Association of Shade
Tree Commissions.
(2) (a) Except as required by Subsection (b), as terms of current committee members expire,
the division shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the division shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(c) No two members shall be appointed from the same city.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The committee shall elect a chair who is responsible to call and conduct meetings. Three
members present at a duly called meeting constitute a quorum for the transaction of official business.
Members of the committee may meet as often as considered necessary. The urban forestry staff
person of the division shall serve as secretary to the committee.
(5) (a) Members shall receive no compensation or benefits for their services, but may receive

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per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(b) Members may decline to receive per diem and expenses for their service.
[(5)] (6) The committee shall:
(a) publish guidelines for division use in granting or denying applications for the designation
of heritage trees;
(b) publish an annual register of designated heritage trees and distribute it to public utilities,
tree service companies, municipal forestry and parks departments, and the public; and
(c) develop a system for visibly identifying designated heritage trees.
Section 108. Section 63-11a-402 is amended to read:
63-11a-402. Council membership -- Expenses.
(1) The council shall consist of nine members knowledgeable about muscle-powered
recreational activities as follows:
(a) five members shall represent the public at large;
(b) one member, nominated by the Utah League of Cities and Towns, shall represent city
government;
(c) one member, nominated by the Utah Association of Counties, shall represent county
government;
(d) one member shall represent the United States Forest Service; and
(e) one member shall represent the Bureau of Land Management.
(2) (a) Except as required by Subsection (b), as terms of current council members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of council members
are staggered so that approximately half of the council is appointed every two years.
(3) The council shall elect annually a chair and a vice chair from its members.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.

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(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 109. Section 63-46a-7 is amended to read:
63-46a-7. Exceptions to rulemaking procedure.
(1) All agencies shall comply with the rulemaking procedures of Section 63-46a-4 unless
an agency finds that these procedures would:
(a) cause an imminent peril to the public health, safety, or welfare;
(b) cause an imminent budget reduction because of budget restraints or federal requirements;
or
(c) place the agency in violation of federal or state law.
(2) (a) When finding that its rule is excepted from regular rulemaking procedures by this
section, the agency shall file with the division:
(i) a copy of the rule; and

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(ii) a rule analysis that includes the specific reasons and justifications for its findings.
(b) The division shall publish the rule in the bulletin as provided in Subsection 63-46a-4 (2).
(c) The agency shall notify interested persons as provided in Subsection 63-46a-4 [(4)] (5).
(d) The rule becomes effective for a period not exceeding 120 days on the date of filing or
any later date designated in the rule.
(3) If the agency intends the rule to be effective beyond 120 days, the agency shall also
comply with the procedures of Section 63-46a-4.
Section 110. Section 63-55-209 is amended to read:
63-55-209. Repeal dates, Title 9.
(1) (a) Title 9, Chapter 1, Part 2, Department of Community and Economic Development,
is repealed July 1, 2005.
(b) Title 9, Chapter 1, Part 8, Utah Commission on [National and Community Service Act]
Volunteers, is repealed July 1, 1999.
(2) Title 9, Chapter 2, Part 2, [Division of] Business and Economic Development Act, is
repealed July 1, 2002.
(3) Title 9, Chapter 2, Part 3, Small Business Advisory Council, is repealed July 1, 1999.
(4) Title 9, Chapter 2, Part 7, Utah Technology Finance Corporation Act, is repealed July
1, 2002.
(5) Section 9-2-1208 regarding waste tire recycling loans is repealed July 1, 2000.
(6) Title 9, Chapter 2, Part 16, Recycling Market Development Zone Act, is repealed July
1, 2000[,]. Sections 59-7-608 and 59-10-108.7 are repealed for tax years beginning on or after
January 1, 2001.
(7) (a) Title 9, Chapter 3, Part 2, Division of Travel Development, is repealed July 1, 1999.
(b) Title 9, Chapter 3, Part 3, Heber Valley Historic Railroad Authority, is repealed July 1,
1999.
(8) Title 9, Chapter 4, Part 4, Disaster Relief, is repealed July 1, 1999.
(9) Title 9, Chapter 4, Part 8, Homeless Coordinating Committee, is repealed July 1, 1998.
(10) Title 9, Chapter 4, Part 9, Utah Housing Finance Agency Act, is repealed July 1, 2006.

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(11) Title 9, Chapter 6, Part 2, Division of Fine Arts, is repealed July 1, 1999.
(12) Title 9, Chapter 7, Part 2, State Library Division, is repealed July 1, 2005.
(13) Title 9, Chapter 8, Part 2, Division of State History, is repealed July 1, 1997.
(14) Title 9, Chapter 9, Part 1, Division of Indian Affairs, is repealed July 1, 2005.
Section 111. Section 63-55-220 is amended to read:
63-55-220. Repeal dates, Title 20.
Judicial nominating commissions, created in [Section 20-1-7.2] Sections 20A-12-102 and
20A-12-103, are repealed July 1, 1999.
Section 112. Section 63-55-235 (Effective 07/01/97) is amended to read:
63-55-235 (Effective 07/01/97). Repeal dates, Title 35 and Title 35A.
[(2)] (1) Title 35, Chapter 10, Utah Injured Worker Reemployment Act, is repealed July 1,
1999.
[(1)] (2) Title 35A, Utah Workforce Services Code, is repealed July 1, 2005.
Section 113. Section 63-55-258 is amended to read:
63-55-258. Repeal dates, Title 58.
(1) Title 58, Chapter 1, Division of Occupational and Professional Licensing Act, is repealed
July 1, 2006.
(2) Title 58, Chapter [3] 3a, Architects Licensing Act, is repealed July 1, 2003.
(3) Title 58, Chapter 5a, Podiatric Physician Licensing Act, is repealed July 1, 2002.
(4) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 1998.
(5) Title 58, Chapter 11a, Cosmetologist/Barber Licensing Act, is repealed July 1, 2006.
[(b)] (6) Title 58, Chapter 13, Part 4, Health Care Providers Immunity from Liability Act,
is repealed July 1, 2006.
(7) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2005.
(8) Title 58, Chapter 16a, Utah Optometry Practice Act, is repealed July 1, 1999.
(9) Title 58, Chapter 17a, Pharmacy Practice Act, is repealed July 1, 2006.
(10) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2003.
(11) Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act, is

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repealed July 1, 2005.
(12) Title 58, Chapter 24a, Physical Therapist Practice Act, is repealed July 1, 2003.
(13) Title 58, Chapter 26, Certified Public Accountant Licensing Act, is repealed July 1,
2002.
(14) Title 58, Chapter 28, Veterinary Practice Act, is repealed July 1, 2004.
(15) Title 58, Chapter 31, Nurse Practice Act, is repealed July 1, 2005.
(16) Title 58, Chapter 37, Utah Controlled Substances Act, is repealed July 1, 1997.
(17) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, is repealed July 1, 1997.
(18) Title 58, Chapter 37b, Imitation Controlled Substances Act, is repealed July 1, 1997.
(19) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2005.
(20) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, is
repealed July 1, 1999.
(21) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2005.
(22) Title 58, Chapter 44a, Nurse Midwife Practice Act, is repealed July 1, 2000.
(23) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1,
2003.
(24) Title 58, Chapter 47b, Massage Practice Act, is repealed July 1, 2004.
(25) Title 58, Chapter 49, Dietitian Certification Act, is repealed July 1, 2005.
(26) Title 58, Chapter 50, Private Probation Provider Licensing Act, is repealed July 1,
2001.
(27) Title 58, Chapter 53, Landscape Architects Licensing Act, is repealed July 1, 1998.
(28) Title 58, Chapter 59, Employee Leasing Company Licensing Act, is repealed July 1,
2002.
(29) Title 58, Chapter 60:
(a) Part 2, Social Worker Licensing Act, is repealed July 1, 2003;
(b) Part 3, Marriage and Family Therapist Licensing Act, is repealed July 1, 2004; and
(c) Part 4, Professional Counselor Licensing Act, is repealed July 1, 1999.
(30) Title 58, Chapter 61, Psychologist Licensing Act, is repealed July 1, 2002.

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(31) Title 58, Chapter 66, Utah Professional Boxing Regulation Act, is repealed July 1,
2005.
(32) Title 58, Chapter 67, Utah Medical Practice Act, is repealed July 1, 2006.
(33) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, is repealed July 1, 2006.
(34) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, is repealed July 1,
2006.
[(6) (a)] (35) Title 58, Chapter 71, Naturopathic Physician Practice Act, is repealed July 1,
2006.
[(c)] (36) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2002.
[(d)] (37) Title 58, Chapter 73, Chiropractic Physician Practice Act, is repealed July 1, 2006.
Section 114. Section 63-83-5 is amended to read:
63-83-5. Terms and conditions of sale -- Plan of financing -- Signatures -- Replacement
-- Registration -- Federal rebate.
(1) In the issuance of bonds, the commission may determine by resolution:
(a) the manner of sale, including public or private sale;
(b) the terms and conditions of sale, including price, whether at, below, or above face value;
(c) denominations;
(d) form;
(e) manner of execution;
(f) manner of authentication;
(g) place and medium of purchase;
(h) redemption terms; and
(i) other provisions and details it considers appropriate.
(2) The commission may by resolution adopt a plan of financing, which may include terms
and conditions of arrangements entered into by the commission on behalf of the state with financial
and other institutions for letters of credit, standby letters of credit, reimbursement agreements, and
remarketing, indexing, and tender agent agreements to secure the bonds, including payment from
any legally available source of fees, charges, or other amounts coming due under the agreements

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entered into by the commission.
(3) (a) Any signature of a public official authorized by resolution of the commission to sign
the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or otherwise
placed on the bonds.
(b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
be made for a manual authenticating signature on the bonds by or on behalf of a designated
authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
otherwise placed on the bonds.
(c) If an official ceases to hold office before delivery of the bonds signed by that official, the
signature or facsimile signature of the official is nevertheless valid for all purposes.
(4) The commission by resolution may provide for the replacement of lost, destroyed, or
mutilated bonds, or for the exchange of bonds after issuance for bonds of smaller or larger
denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
aggregate principal amounts and in a manner that prevents the duplication of interest, and shall bear
interest at the same rate, mature on the same date, and be as nearly as practicable in the form of the
original bonds.
(5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
form under which the right to principal and interest may be transferred only through a book entry.
(b) The commission may provide for the services and payment for the services of one or
more financial institutions or other entities or persons, or nominees, within or outside the state, for
the authentication, registration, transfer, including record, bookkeeping, or book entry functions,
exchange, and payment of the bonds.
(c) The records of ownership, registration, transfer, and exchange of the bonds, and of
persons to whom payment with respect to the obligations is made, are private [data] records or
[confidential data] protected records as defined in Section [63-2-61] 63-2-103.
(d) The bonds and any evidences of participation interest in the bonds may be issued,
executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with Title
15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating to the

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registration of obligations enacted to meet the requirements of Section 149 of the Internal Revenue
Code of 1986 or any successor to it, and applicable regulations.
(6) The commission may, by resolution, provide for payment to the United States of such
amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of 1986,
and may enter into agreements with financial and other institutions and attorneys to provide for the
calculation, holding, and payment of such amounts and provide for payment from any legally
available source of fees, charges, or other amounts coming due under any agreements entered into
by the commission.
Section 115. Section 63-84-5 is amended to read:
63-84-5. Terms and conditions of sale -- Plan of financing -- Signatures -- Replacement
-- Registration -- Federal rebate.
(1) In the issuance of bonds, the commission may determine by resolution:
(a) the manner of sale, including public or private sale;
(b) the terms and conditions of sale, including price, whether at, below, or above face value;
(c) denominations;
(d) form;
(e) manner of execution;
(f) manner of authentication;
(g) place and medium of purchase;
(h) redemption terms; and
(i) other provisions and details it considers appropriate.
(2) The commission may by resolution adopt a plan of financing which may include terms
and conditions of arrangements entered into by the commission on behalf of the state with financial
and other institutions for letters of credit, standby letters of credit, reimbursement agreements, and
remarketing, indexing, and tender agent agreements to secure the bonds, including payment from
any legally available source of fees, charges, or other amounts coming due under the agreements
entered into by the commission.
(3) (a) Any signature of a public official authorized by resolution of the commission to sign

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the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or otherwise
placed on the bonds.
(b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
be made for a manual authenticating signature on the bonds by or on behalf of a designated
authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
otherwise placed on the bonds.
(c) If an official ceases to hold office before delivery of the bonds signed by that official, the
signature or facsimile signature of the official is nevertheless valid for all purposes.
(4) The commission by resolution may provide for the replacement of lost, destroyed, or
mutilated bonds, or for the exchange of bonds after issuance for bonds of smaller or larger
denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
aggregate principal amounts and in a manner that prevents the duplication of interest, and shall bear
interest at the same rate, mature on the same date, and be as nearly as practicable in the form of the
original bonds.
(5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
form under which the right to principal and interest may be transferred only through a book entry.
(b) The commission may provide for the services and payment for the services of one or
more financial institutions or other entities or persons, or nominees, within or outside the state, for
the authentication, registration, transfer, including record, bookkeeping, or book entry functions,
exchange, and payment of the bonds.
(c) The records of ownership, registration, transfer, and exchange of the bonds, and of
persons to whom payment with respect to the obligations is made, are ["]private [data"] records or
["confidential data"] protected records as defined in Section [63-2-61] 63-2-103.
(d) The bonds and any evidences of participation interest in the bonds may be issued,
executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with Title
15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating to the
registration of obligations enacted to meet the requirements of Section 149 of the Internal Revenue
Code of 1986 or any successor to it, and applicable regulations.

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(6) The commission may, by resolution, provide for payment to the United States of such
amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of 1986,
and may enter into agreements with financial and other institutions and attorneys to provide for the
calculation, holding, and payment of such amounts and provide for payment from any legally
available source of fees, charges, or other amounts coming due under any agreements entered into
by the commission.
Section 116. Section 63-85-5 is amended to read:
63-85-5. Terms and conditions of sale -- Plan of financing -- Signatures -- Replacement
-- Registration -- Federal rebate.
(1) In the issuance of bonds, the commission may determine by resolution:
(a) the manner of sale, including public or private sale;
(b) the terms and conditions of sale, including price, whether at, below, or above face value;
(c) denominations;
(d) form;
(e) manner of execution;
(f) manner of authentication;
(g) place and medium of purchase;
(h) redemption terms; and
(i) other provisions and details it considers appropriate.
(2) The commission may by resolution adopt a plan of financing, which may include terms
and conditions of arrangements entered into by the commission on behalf of the state with financial
and other institutions for letters of credit, standby letters of credit, reimbursement agreements, and
remarketing, indexing, and tender agent agreements to secure the bonds, including payment from
any legally available source of fees, charges, or other amounts coming due under the agreements
entered into by the commission.
(3) (a) Any signature of a public official authorized by resolution of the commission to sign
the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or otherwise
placed on the bonds.

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(b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
be made for a manual authenticating signature on the bonds by or on behalf of a designated
authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
otherwise placed on the bonds.
(c) If an official ceases to hold office before delivery of the bonds signed by that official, the
signature or facsimile signature of the official is nevertheless valid for all purposes.
(4) The commission by resolution may provide for the replacement of lost, destroyed, or
mutilated bonds, or for the exchange of bonds after issuance for bonds of smaller or larger
denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
aggregate principal amounts and in a manner that prevents the duplication of interest, and shall bear
interest at the same rate, mature on the same date, and be as nearly as practicable in the form of the
original bonds.
(5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
form under which the right to principal and interest may be transferred only through a book entry.
(b) The commission may provide for the services and payment for the services of one or
more financial institutions or other entities or persons, or nominees, within or outside the state, for
the authentication, registration, transfer, including record, bookkeeping, or book entry functions,
exchange, and payment of the bonds.
(c) The records of ownership, registration, transfer, and exchange of the bonds, and of
persons to whom payment with respect to the obligations is made, are private [data] records or
[confidential data] protected records as defined in Section [63-2-61] 63-2-103.
(d) The bonds and any evidences of participation interest in the bonds may be issued,
executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with Title
15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating to the
registration of obligations enacted to meet the requirements of Section 149 of the Internal Revenue
Code of 1986, as amended, or any successor to it, and applicable regulations.
(6) The commission may, by resolution, provide for payment to the United States of such
amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of 1986,

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as amended, and may enter into agreements with financial and other institutions and attorneys to
provide for the calculation, holding, and payment of such amounts and provide for payment from
any legally available source of fees, charges, or other amounts coming due under any agreements
entered into by the commission.
Section 117. Section 63-86-5 is amended to read:
63-86-5. Terms and conditions of sale -- Plan of financing -- Signatures -- Replacement
-- Registration -- Federal rebate.
(1) In the issuance of bonds, the commission may determine by resolution:
(a) the manner of sale, including public or private sale;
(b) the terms and conditions of sale, including price, whether at, below, or above face value;
(c) denominations;
(d) form;
(e) manner of execution;
(f) manner of authentication;
(g) place and medium of purchase;
(h) redemption terms; and
(i) other provisions and details it considers appropriate.
(2) The commission may by resolution adopt a plan of financing which may include terms
and conditions of arrangements entered into by the commission on behalf of the state with financial
and other institutions for letters of credit, standby letters of credit, reimbursement agreements, and
remarketing, indexing, and tender agent agreements to secure the bonds, including payment from
any legally available source of fees, charges, or other amounts coming due under the agreements
entered into by the commission.
(3) (a) Any signature of a public official authorized by resolution of the commission to sign
the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or otherwise
placed on the bonds.
(b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
be made for a manual authenticating signature on the bonds by or on behalf of a designated

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authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
otherwise placed on the bonds.
(c) If an official ceases to hold office before delivery of the bonds signed by that official, the
signature or facsimile signature of the official is nevertheless valid for all purposes.
(4) The commission by resolution may provide for the replacement of lost, destroyed, or
mutilated bonds, or for the exchange of bonds after issuance for bonds of smaller or larger
denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
aggregate principal amounts and in a manner that prevents the duplication of interest, and shall bear
interest at the same rate, mature on the same date, and be as nearly as practicable in the form of the
original bonds.
(5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
form under which the right to principal and interest may be transferred only through a book entry.
(b) The commission may provide for the services and payment for the services of one or
more financial institutions or other entities or persons, or nominees, within or outside the state, for
the authentication, registration, transfer, including record, bookkeeping, or book entry functions,
exchange, and payment of the bonds.
(c) The records of ownership, registration, transfer, and exchange of the bonds, and of
persons to whom payment with respect to the obligations is made, are ["]private [data"] records or
["confidential data"] protected records as defined in Section [63-2-61] 63-2-103.
(d) The bonds and any evidences of participation interest in the bonds may be issued,
executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with Title
15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating to the
registration of obligations enacted to meet the requirements of Section 149 of the Internal Revenue
Code of 1986, as amended, or any successor to it, and applicable regulations.
(6) The commission may, by resolution, provide for payment to the United States of such
amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of 1986,
as amended, and may enter into agreements with financial and other institutions and attorneys to
provide for the calculation, holding, and payment of such amounts and provide for payment from

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any legally available source of fees, charges, or other amounts coming due under any agreements
entered into by the commission.
Section 118. Section 63A-10-106 is amended to read:
63A-10-106. Contracts, financial arrangements, requirements, or exemptions
voidable.
(1) Except as provided in Subsection (2) or Subsection [63-10-105(4)] 63A-10-105(4), for
any contract or financial arrangement entered into after May 1, 1996, the contract or financial
arrangement with, state requirement on, or exemption for the organizing committee or other entity
in relation to the Olympics that is not reviewed and approved in accordance with this chapter is
voidable at the option of the governor.
(2) The coordinator may establish a policy that exempts a contract or agreement from the
requirements of this chapter if:
(a) the size of a project, the scope of the activities, or the amount of money or state resources
involved in the contract or agreement is of a minimal or insignificant nature; and
(b) the exemption is in the public interest.
Section 119. Section 63C-3-103 is amended to read:
63C-3-103. Membership -- Appointment -- Terms -- Per diem and expenses -- Quorum.
(1) The commission shall be composed of 13 voting members appointed as follows:
(a) the governor, who shall be the chair of the commission;
(b) six members appointed by the governor with the advice and consent of the Senate;
(c) three members of the House of Representatives, two who belong to the majority party
appointed by the speaker of the House of Representatives, and one who belongs to the minority
party, appointed by the minority leader of the House of Representatives; and
(d) three members of the Senate, two who belong to the majority party appointed by the
president of the Senate, and one who belongs to the minority party, appointed by the minority leader
of the Senate.
(2) (a) A member or officer of the commission is subject to Title 67, Chapter 16, Utah Public
Officers' and Employees' Ethics Act.

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(b) In addition to the requirements of Subsection (a), a member or officer of the commission
may not be employed by, or have an ownership interest in, any entity whose creation is
recommended by the commission.
(3) In the governor's absence, the governor may appoint a designee to chair the commission
and vote on the governor's behalf.
(4) (a) Except as required by Subsection (b), as terms of current commission members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of commission
members are staggered so that approximately half of the commission is appointed every two years.
(c) Terms shall expire on June 30 of the appropriate year.
(5) A member of the House or Senate who leaves office before the four-year term has
expired may be replaced by [their] the member's appointing authority.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the commission at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) Legislators on the committee shall receive compensation and expenses as provided by
law and legislative rule.

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(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
(8) A majority of the members of the commission constitutes a quorum and the action of a
majority of a quorum constitutes the action of the commission.
Section 120. Section 64-13-16 (Effective 07/01/97) is amended to read:
64-13-16 (Effective 07/01/97). Inmate employment.
(1) [Unless incapable of employment because of sickness or other infirmity or for security
reasons, the] The department may employ inmates, unless incapable of employment because of
sickness or other infirmity or for security reasons, to the degree that funding and available resources
allow. An offender may not be employed on work which benefits any employee or officer of the
department.
(2) An offender employed under this section is not considered an employee, worker,
workman, or operative for purposes of Title 35A, Chapter 3, Workers' Compensation Act, except
as required by federal statute or regulation.
Section 121. Section 65A-7-5 is amended to read:
65A-7-5. Surface leases -- Procedures for issuing leases.
(1) The division may issue surface leases of state lands for any period up to 99 years.
(2) This section does not apply to leases for oil and gas, grazing, or mining purposes.
(3) The division shall disclose any known geologic hazard affecting leased property.
(4) (a) (i) Surface leases may be entered into by negotiation, public auction, or other public
competitive bidding process as determined by rules of the division.
(ii) Requests for proposals (RFP) on state lands may be offered by the division after public
notice.
(b) (i) A notice of an invitation for bids or a public auction shall, prior to the auction or

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acceptance of a bid, be published at least once a week for three consecutive weeks in one or more
newspapers of general circulation in the county in which the lease is offered.
(ii) The notice shall be sent, by certified mail, at least 30 days prior to the auction or
acceptance of a bid, to each person who owns property adjoining the state lands offered for lease.
(c) (i) Surface leases entered into through negotiation shall be published in the manner set
forth in Subsection [(6)] (4)(b) 30 days prior to final approval.
(ii) The notice shall include, at a minimum, a general description of the lands proposed for
lease and the type of lease.
Section 122. Section 65A-8-6.2 is amended to read:
65A-8-6.2. Agreements for coverage by the Wildland Fire Suppression Fund -- Eligible
lands -- County and state obligations -- Termination -- Revocation.
(1) (a) A county legislative body may annually enter into a written agreement with the state
forester to provide for payment of county fire suppression costs in excess of the county's fire
suppression budget out of the Wildland Fire Suppression Fund.
(b) Fire suppression costs on lands within the unincorporated area of a county, except federal
or state lands, are eligible for coverage by the Wildland Fire Suppression Fund.
(2) An agreement for payment of fire suppression costs from the Wildland Fire Suppression
Fund shall provide that the county shall:
(a) pay into the fund an amount equal to:
(i) [$.01] .01 times the number of acres of privately- or county-owned land in the
unincorporated area of the county; and
(ii) .0001 times the taxable value of property in the unincorporated area of the county; and
(b) budget an amount for fire suppression costs determined to be normal by the state forester
in accordance with the formula specified in Section 65A-8-6.
(3) (a) After the first year of operation of the fund, any county that elects to initiate
participation in the fund, or reestablish participation in the fund after participation was terminated,
shall be required to make an equity payment, in addition to the assessment provided in Subsection
(2)(a).

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(b) The equity payment shall represent what the county's equity in the fund would be if the
county had made assessments into the fund for each of the previous three years.
(c) The equity payment shall be determined by the state forester in accordance with division
rules.
(4) The agreement shall provide that:
(a) the state shall pay into the fund an amount equal to the county's payment, including any
equity payment required under Subsection (3); and
(b) if monies in the fund are insufficient to pay for all eligible fire suppression costs, the
state shall pay for 1/2 of the county's remaining costs.
(5) The agreement shall provide for revocation of the agreement for failure to pay
assessments when due.
(6) Any county that elects to withdraw from participation in the fund, or whose participation
in the fund is revoked due to failure to pay its assessments when due, shall forfeit any right to any
previously paid assessments by the county.
Section 123. Section 67-5c-103 is amended to read:
67-5c-103. Criminal Defense Costs Trust Fund -- Creation.
(1) There is created an expendable trust fund known as the Criminal Defense Costs Trust
Fund to be administered and distributed by the Utah Prosecution Council in accordance with
contracts made under Section [67-5c-201] 67-5c-101 in cooperation with the Division of Finance.
(2) Monies deposited in this trust fund only shall be used to pay for the representation, costs,
and expenses of legal defense counsel for legal defense counsel of an indigent inmate in a state
prison located in a county of the third, fourth, fifth, or sixth class as defined in Section 17-16-13 who
is charged with having committed a crime within the facility, and who will require defense counsel.
(3) The trust fund shall be funded from proceeds received from counties that impose the
additional tax levy by ordinance under Subsection 67-5c-101(5) to be deposited in the Criminal
Defense Costs Trust Fund.
(4) Notwithstanding Subsection (1), any fund balance in excess of $1,000,000 remaining in
the trust fund as of June 30 of any fiscal year shall be transferred to the General Fund.

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Section 124. Section 67-19-12 is amended to read:
67-19-12. State pay plans -- Applicability of section -- Exemptions from section --
Duties of director.
(1) (a) This section, and the rules adopted by the department to implement this section, apply
to each career and noncareer state employee not specifically exempted under Subsection (2).
(b) If not exempted under Subsection (2), a state employee is considered to be in classified
service.
(2) (a) The following state employees are exempt from this section:
(i) members of the Legislature and legislative employees;
(ii) members of the judiciary and judicial employees;
(iii) elected members of the executive branch and their direct staff who are merit-exempt
employees;
(iv) certificated employees of the State Board of Education;
(v) officers, faculty, and other employees of state institutions of higher education;
(vi) employees in any position for which the salary is set by statute;
(vii) attorneys in the Office of the Attorney General;
(viii) department heads and other persons appointed by the governor pursuant to statute;
(ix) employees of the Department of Community and Economic Development whose
positions are designated as executive/professional positions by the executive director of the
Department of Community and Economic Development with the concurrence of the director;
(x) deputy, division, and assistant directors and administrative assistants who report directly
to a department head or his equivalent; and
(xi) any other person whose appointment is required by law to be approved by the governor.
(b) The executive director shall determine the salary range and other employment benefits
for appointees under Subsection (2)(a)(xi).
(3) (a) The director shall prepare, maintain, and revise a position classification plan for each
employee position not exempted under Subsection (2) to provide equal pay for equal work.
(b) Classification of positions shall be based upon similarity of duties performed and

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responsibilities assumed, so that the same qualifications may reasonably be required for, and the
same salary range may be applied equitably to, each position in the same class.
(c) The director shall allocate or reallocate the position of each employee in classified
service to one of the classes in the classification plan.
(d) (i) The department shall conduct periodic studies and desk audits to provide that the
classification plan remains reasonably current and reflects the duties and responsibilities assigned
to and performed by employees.
(ii) The director shall determine the schedule for studies and desk audits after considering
factors such as changes in duties and responsibilities of positions or agency reorganizations.
(4) (a) With the approval of the governor, the director shall develop and adopt pay plans for
each position in classified service.
(b) The director shall design each pay plan to achieve, to the degree that funds permit,
comparability of state salary ranges to salary ranges used by private enterprise and other public
employment for similar work.
(c) The director shall adhere to the following in developing each pay plan:
(i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
differential among the various classes of positions in the classification plan.
(ii) The director shall assign each class of positions in the classification plan to a salary range
and shall set the width of the salary range to reflect the normal growth and productivity potential of
employees in that class. The width of the ranges need not be uniform for all classes of positions in
the plan, but each range shall contain merit steps in increments of 2.75% salary increases.
(iii) The director shall issue rules for the administration of pay plans. The rules may provide
for exceptional performance increases and for a program of incentive awards for cost-saving
suggestions and other commendable acts of employees. The director shall issue rules providing for
salary adjustments.
(iv) Merit step increases shall be granted, if funds are available, to employees who receive
a rating of "successful" or higher in an annual evaluation of their productivity and performance.
(v) By October 15 of each year, the director shall submit market comparability adjustments

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to the state budget officer for consideration to be included as part of the affected agency's base
budgets.
(vi) By October 31 of each year, the director shall recommend a compensation package to
the governor.
(vii) Adjustments shall incorporate the results of a total compensation market survey of
salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
private and public employment in the state. The survey may also study comparable unusual
positions requiring recruitment outside Utah in the surrounding western states. The director may
cooperate with other public and private employers in conducting the survey.
(viii) The director shall establish criteria to assure the adequacy and accuracy of the survey
and shall use methods and techniques similar to and consistent with those used in private sector
surveys. Except as provided under Section 67-19-12.3, the survey shall include a reasonable cross
section of employers. The director may cooperate with or participate in any survey conducted by
other public and private employers.
(ix) The establishing of a salary range is a nondelegable activity subject to Subsection
67-19-8(1) and is not appealable under the grievance procedures of Sections 67-19-30 through
67-19-32, Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.
(x) The governor shall:
[(i)] (A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
the executive budget and shall recommend the method of distributing the adjustments;
[(ii)] (B) submit compensation recommendations to the Legislature; and
[(iii)] (C) support the recommendation with schedules indicating the cost to individual
departments and the source of funds.
(xi) If funding is approved by the Legislature in a general appropriations act, the adjustments
take effect on the July 1 following the enactment.
(5) (a) The director shall regularly evaluate the total compensation program of state
employees in the classified service.
(b) The department shall determine if employee benefits are comparable to those offered by

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other private and public employers using information from:
(i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
Chamber of Commerce Research Center; or
(ii) the most recent edition of a nationally recognized benefits survey.
(6) (a) The director shall submit proposals for a state employee compensation plan to the
governor by October 31 of each year, setting forth findings and recommendations affecting state
employee compensation.
(b) The governor shall consider the director's proposals in preparing budget
recommendations for the Legislature.
(c) The governor's budget proposals to the Legislature shall include a specific
recommendation on state employee compensation.
Section 125. Section 70A-2-103 is amended to read:
70A-2-103. Definitions and index of definitions.
(1) In this chapter unless the context otherwise requires
(a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance of
reasonable commercial standards of fair dealing in the trade.
(c) "Receipt" of goods means taking physical possession of them.
(d) "Seller" means a person who sells or contracts to sell goods.
(2) Other definitions applying to this chapter or to specified parts thereof, and the sections
in which they appear are:
"Acceptance." Section 70A-2-606.
"Banker's credit." Section 70A-2-325.
"Between merchants." Section 70A-2-104.
"Cancellation." Section 70A-2-106 (4).
"Commercial unit." Section 70A-2-105.
"Confirmed credit." Section 70A-2-325.
"Conforming to contract." Section 70A-2-106.

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"Contract for sale." Section 70A-2-106.
"Cover." Section 70A-2-712.
"Entrusting." Section 70A-2-403.
"Financing agency." Section 70A-2-104.
"Future goods." Section 70A-2-105.
"Goods." Section 70A-2-105.
"Identification." Section 70A-2-501.
"Installment contract." Section 70A-2-612.
"Letter of Credit." Section 70A-2-325.
"Lot." Section 70A-2-105.
"Merchant." Section 70A-2-104.
"Overseas." Section 70A-2-323.
"Person in position of seller." Section 70A-2-707.
"Present sale." Section 70A-2-106.
"Sale." Section 70A-2-106.
"Sale on approval." Section 70A-2-326.
"Sale or return." Section 70A-2-326.
"Termination." Section 70A-2-106.
(3) The following definitions in other chapters apply to this chapter:
"Check." Section 70A-3-104.
"Consignee." Section 70A-7-102.
"Consignor." Section 70A-7-102.
"Consumer goods." Section 70A-9-109.
"Dishonor." Section [70A-3-507] 70A-3-502.
"Draft." Section 70A-3-104.
(4) In addition Chapter 1 contains general definitions and principles of construction and
interpretation applicable throughout this chapter.
Section 126. Section 73-10-1 is amended to read:

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73-10-1. State's policy -- Creation of revolving fund -- General construction of act.
(1) The Legislature of the state of Utah having heretofore declared by Section 73-1-1, Utah
Code Annotated 1953, that, "All waters of this state, whether above or under the ground are hereby
declared to be the property of the public, subject to all existing rights to the use thereof"; and further,
by Section 73-1-3, Utah Code Annotated 1953, that "Beneficial use shall be the basis, the measures
and the limit of all rights to the use of water in this state"; and further, by Section [73-9-1, Utah Code
Annotated 1953,] 17A-2-1401 that the policy of the state is, "To obtain from water in Utah the
highest duty for domestic uses and irrigation of lands in Utah within the terms of interstate compacts
or otherwise," now by this act reiterates and reaffirms such declaration of the public policy of the
state of Utah.
(2) It is further declared to be the policy of this [act] chapter and of the state of Utah, and
the legislature recognizes:
[(1)] (a) that by construction of projects based upon sound engineering the waters within the
various counties of the state of Utah can be saved from waste and increased in efficiency of
beneficial use by 25 per cent to 100 per cent;
[(2)] (b) that because of well-known conditions such as low prices and lack of market for
farm products, particularly the inefficiency of water supply because of lack of late season water and
consequent lack of financial strength, water users in small communities have been unable to build
projects that would provide full conservation and beneficial use for the limited water supply in this
semiarid land;
[(3)] (c) that water, as the property of the public, should be so managed by the public that
it can be put to the highest use for public benefit;
[(4)] (d) that Congress of the United States has provided for the building of larger water
conservation projects throughout the semiarid states, payment of the capital costs without interest
to be made by the water users upon the basis of a fair portion of crop returns;
[(5)] (e) that the Congress of the United States has established in the department of interior
and in the department of agriculture, various agencies having authority to develop, protect, and aid
in putting to beneficial use the land and water resources of the United States and to cooperate with

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state agencies having similar authority;
[(6)] (f) that the interests of the state of Utah require that means be provided for close
cooperation between all state and federal agencies to the end that the underground waters and waters
of the small streams of the state, and the lands thereunder, can be made to yield abundantly and
increase the income and well-being of the citizens of the state;
[(7)] (g) that it appears to be sound public policy for the state of Utah to provide a revolving
fund, to be increased at each legislative session, to the end that every mountain stream and every
water resource within the state can be made to render the highest beneficial service, such fund to be
so administered that no project will be built except upon expert engineering, financial, and
geological approval.
(3) All of the provisions of this [act] chapter shall be liberally construed so as to carry out
and put into force and effect the purposes and policies as hereinabove set forth.
Section 127. Section 73-10g-8 is amended to read:
73-10g-8. Terms and conditions of sale -- Plan of financing -- Signatures --
Replacement -- Registration -- Federal rebate.
(1) In the issuance of bonds, the commission may determine by resolution:
(a) the manner of sale, including public or private sale;
(b) the terms and conditions of sale, including the price, whether at, below, or above face
value;
(c) denominations;
(d) form;
(e) manner of execution;
(f) manner of authentication;
(g) place and medium of purchase;
(h) redemption terms; and
(i) other provisions and details it considers appropriate.
(2) The commission may by resolution adopt a plan of financing, which may include terms
and conditions of arrangements entered into by the commission on behalf of the state with financial

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and other institutions for letters of credit, standby letters of credit, reimbursement agreements, and
remarketing, indexing, and tender agent agreements to secure the bonds, including payment from
any legally available source of fees, charges, or other amounts coming due under the agreements
entered into by the commission.
(3) (a) Any signature of a public official authorized by resolution of the commission to sign
the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or otherwise
placed on the bonds.
(b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
be made for a manual authenticating signature on the bonds by or on behalf of a designated
authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or otherwise
placed on the bonds.
(c) If an official ceases to hold office before delivery of the bonds signed by that official, the
signature or facsimile signature of the official is nevertheless valid for all purposes.
(4) The commission by resolution may provide for the replacement of lost, destroyed, or
mutilated bonds or for the exchange of bonds after issuance for bonds of smaller or larger
denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
aggregate principal amounts and in a manner that prevents the duplication of interest, and shall bear
interest at the same rate, mature on the same date, and be as nearly as practicable in form as the
original bonds.
(5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
form under which the right to principal and interest may be transferred only through a book entry.
(b) The commission may provide for the services and payment for the services of one or
more financial institutions or other entities or persons, or nominees, within or outside the state, for
the authentication, registration, and transfer, including record, bookkeeping, or book entry functions,
exchange, and payment of the bonds.
(c) The records of ownership, registration, transfer, and exchange of the bonds, and of
persons to whom payment with respect to the obligations is made, are private [data] records or
[confidential data] protected records as defined in Section [63-2-61] 63-2-103.

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(d) The bonds and any evidences of participation interests in the bonds may be issued,
executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with Title
15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating to the
registration of obligations enacted to meet the requirements of Section 149, Internal Revenue Code
of 1986, or any successor to it, and applicable regulations.
(6) The commission may, by resolution, provide for payment to the United States of such
amounts as may be necessary to comply with Section 148(f), Internal Revenue Code of 1986, and
may enter into agreements with financial and other institutions and attorneys to provide for the
calculation, holding, and payment of such amounts and provide for payment from any legally
available source of fees, charges, or other amounts coming due under any agreements entered into
by the commission.
Section 128. Section 73-10h-8 is amended to read:
73-10h-8. Terms and conditions of sale -- Plan of financing -- Signatures --
Replacement -- Registration -- Federal rebate.
(1) In the issuance of bonds, the commission may determine by resolution:
(a) the manner of sale, including public or private sale;
(b) the terms and conditions of sale, including the price, whether at, below, or above face
value;
(c) denominations;
(d) form;
(e) manner of execution;
(f) manner of authentication;
(g) place and medium of purchase;
(h) redemption terms; and
(i) other provisions and details it considers appropriate.
(2) The commission may by resolution adopt a plan of financing, which may include terms
and conditions of arrangements entered into by the commission on behalf of the state with financial
and other institutions for letters of credit, standby letters of credit, reimbursement agreements, and

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remarketing, indexing, and tender agent agreements to secure the bonds, including payment from
any legally available source of fees, charges, or other amounts coming due under the agreements
entered into by the commission.
(3) (a) Any signature of a public official authorized by resolution of the commission to sign
the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or otherwise
placed on the bonds.
(b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
be made for a manual authenticating signature on the bonds by or on behalf of a designated
authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or otherwise
placed on the bonds.
(c) If an official ceases to hold office before delivery of the bonds signed by that official, the
signature or facsimile signature of the official is nevertheless valid for all purposes.
(4) The commission by resolution may provide for the replacement of lost, destroyed, or
mutilated bonds or for the exchange of bonds after issuance for bonds of smaller or larger
denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
aggregate principal amounts and in a manner that prevents the duplication of interest, and shall bear
interest at the same rate, mature on the same date, and be as nearly as practicable in form as the
original bonds.
(5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
form under which the right to principal and interest may be transferred only through a book entry.
(b) The commission may provide for the services and payment for the services of one or
more financial institutions or other entities or persons, or nominees, within or outside the state, for
the authentication, registration, and transfer, including record, bookkeeping, or book entry functions,
exchange, and payment of the bonds.
(c) The records of ownership, registration, transfer, and exchange of the bonds, and of
persons to whom payment with respect to the obligations is made, are private [data] records or
[confidential data] protected records as defined in Section [63-2-61] 63-2-103.
(d) The bonds and any evidences of participation interests in the bonds may be issued,

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executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with Title
15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating to the
registration of obligations enacted to meet the requirements of Section 149, Internal Revenue Code
of 1986, as amended, or any successor to it, and applicable regulations.
(6) The commission may, be resolution, provide for payment to the United States of such
amounts as may be necessary to comply with Section 148(f), Internal Revenue Code of 1986, as
amended, and may enter into agreements with financial and other institutions and attorneys to
provide for the calculation, holding, and payment of such amounts and provide for payment from
any legally available source of fees, charges, or other amounts coming due under any agreements
entered into by the commission.
Section 129. Section 76-5-106.5 is amended to read:
76-5-106.5. Definitions -- Crime of stalking.
(1) As used in this section:
(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a
person or repeatedly conveying verbal or written threats or threats implied by conduct or a
combination thereof directed at or toward a person.
(b) "Immediate family" means a spouse, parent, child, sibling, or any other person who
regularly resides in the household or who regularly resided in the household within the prior six
months.
(c) "Repeatedly" means on two or more occasions.
(2) A person is guilty of stalking who:
(a) intentionally or knowingly engages in a course of conduct directed at a specific person
that would cause a reasonable person:
(i) to fear bodily injury to himself or a member of his immediate family; or
(ii) to suffer emotional distress to himself or a member of his immediate family;
(b) has knowledge or should have knowledge that the specific person:
(i) will be placed in reasonable fear of bodily injury to himself or a member of his immediate
family; or

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(ii) will suffer emotional distress or a member of his immediate family will suffer emotional
distress; and
(c) whose conduct:
(i) induces fear in the specific person of bodily injury to himself or a member of his
immediate family; or
(ii) causes emotional distress in the specific person or a member of his immediate family.
(3) Stalking is a class B misdemeanor.
(4) [(a)] Stalking is a class A misdemeanor if the offender:
[(i)] (a) has been previously convicted of an offense of stalking;
[(ii)] (b) has been convicted in another jurisdiction of an offense that is substantially similar
to the offense of stalking; or
[(iii)] (c) has been previously convicted of any felony offense in Utah or of any crime in
another jurisdiction which if committed in Utah would be a felony, in which the victim of the
stalking or a member of the victim's immediate family was also a victim of the previous felony
offense.
(5) Stalking is a felony of the third degree if the offender:
(a) used a dangerous weapon as defined in Section 76-1-601 under circumstances not
amounting to a violation of Subsection 76-5-103(1)(a), or used other means or force likely to
produce death or serious bodily injury, in the commission of the crime of stalking;
(b) has been previously convicted two or more times of the offense of stalking;
(c) has been convicted two or more times in another jurisdiction or jurisdictions of offenses
that are substantially similar to the offense of stalking;
(d) has been convicted two or more times, in any combination, of offenses under Subsections
(5) (b) and (c); or
(e) has been previously convicted two or more times of felony offenses in Utah or of crimes
in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in which the
victim of the stalking was also a victim of the previous felony offenses.
Section 130. Section 76-5-504 is amended to read:

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76-5-504. Victim notification and counseling.
(1) The Department of Health shall provide the victim who requests testing of the convicted
sexual offender's human immunodeficiency virus status counseling regarding HIV disease and
referral for appropriate health care and support services. If the local health department where the
victim resides and the Department of Health agree, the Department of Health shall forward a report
of the convicted sexual offender's human immunodeficiency virus status to the local health
department and the local health department shall provide the victim who requests the test with the
test results, counseling regarding HIV disease, and referral for appropriate health care and support
services.
(2) Notwithstanding the provisions of Section [26-25a-101] 26-6-27, the Department of
Health and a local health department acting pursuant to an agreement made under Subsection (1)
may disclose to the victim the results of the convicted sexual offender's human immunodeficiency
virus status as provided in this section.
Section 131. Section 76-6-512 is amended to read:
76-6-512. Acceptance of deposit by insolvent financial institution.
A person is guilty of a felony of the third degree if:
(1) as an officer, manager, or other person participating in the direction of a financial
institution, as defined in Section [76-6-411] 7-1-103, he receives or permits receipt of a deposit or
other investment knowing that the institution is or is about to become unable, from any cause, to pay
its obligations in the ordinary course of business; and
(2) he knows that the person making the payment to the institution is unaware of such
present or prospective inability.
Section 132. Section 76-10-306 is amended to read:
76-10-306. Definitions -- Persons exempted -- Penalties for possession, use, or removal
of explosives, chemical, or incendiary devices and possession of components.
(1) As used in this section:
(a) "Explosive, chemical, or incendiary device" means:
(i) dynamite and all other forms of high explosives, including water gel, slurry, military C-4

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(plastic explosives), blasting agents to include nitro-carbon-nitrate, ammonium nitrate, fuel oil
mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps,
exploding cords commonly called detonating cord, detcord, or primacord, picric acid explosives,
T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin mixtures, or any other chemical
mixture intended to explode with fire or force;
(ii) any explosive bomb, grenade, missile, or similar device; and
(iii) any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device, including
any device, except kerosene lamps, if criminal intent has not been established, which consists of or
includes a breakable container including a flammable liquid or compound and a wick composed of
any material which, when ignited, is capable of igniting the flammable liquid or compound or any
breakable container which consists of, or includes a chemical mixture that explodes with fire or force
and can be carried, thrown, or placed.
(b) "Explosive, chemical, or incendiary device" shall not include rifle, pistol, or shotgun
ammunition.
(c) "Explosive, chemical, or incendiary parts" means any substances or materials or
combinations which have been prepared or altered for use in the creation of an explosive, chemical,
or incendiary device. These substances or materials include:
(i) timing device, clock, or watch which has been altered in such a manner as to be used as
the arming device in an explosive;
(ii) pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and
(iii) mechanical timers, mechanical triggers, chemical time delays, electronic time delays,
or commercially made or improvised items which, when used singly or in combination, may be used
in the construction of a timing delay mechanism, booby trap, or activating mechanism for any
explosive, chemical, or incendiary device.
(d) "Explosive, chemical, or incendiary parts" shall not include rifle, pistol, or shotgun
ammunition, or any signaling device customarily used in operation of railroad equipment.
(2) The provisions in Subsections (3) and (6) shall not apply to:
(a) any public safety officer while acting in his official capacity transporting or otherwise

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handling explosives, chemical, or incendiary devices;
(b) any member of the armed forces of the United States or Utah National Guard while
acting in his official capacity;
(c) any person possessing a valid permit issued under the provisions of Uniform Fire Code,
Article 77, or any employee of such permittee acting within the scope of his employment;
(d) any person possessing a valid license as an importer, wholesaler, or display operator
under the provisions of [the Utah Fireworks Act,] Sections [11-3-3.2 and] 11-3-3.5 and 53-7-223;
and
(e) any person or entity possessing or controlling an explosive, chemical, or incendiary
device as part of its lawful business operations.
(3) Any person who knowingly, intentionally, or recklessly possesses or controls an
explosive, chemical, or incendiary device is guilty of a felony of the second degree.
(4) Any person who knowingly, intentionally, or recklessly:
(a) uses or causes to be used an explosive, chemical, or incendiary device in the commission
of or an attempt to commit a felony; or
(b) injures another or attempts to injure another in his person or property through the use of
an explosive, chemical, or incendiary device, is guilty of a felony of the first degree.
(5) Any person who knowingly, intentionally, or recklessly removes or causes to be removed
or carries away any explosive, chemical, or incendiary device from the premises where said
explosive, chemical, or incendiary device is kept by the lawful user, vendor, transporter, or
manufacturer without the consent or direction of the lawful possessor is guilty of a felony of the
second degree.
(6) Any person who knowingly, intentionally, or recklessly possesses any explosive,
chemical, or incendiary parts is guilty of a felony of the third degree.
Section 133. Section 76-10-505.5 is amended to read:
76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or
about school premises -- Penalty.
(1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun at a

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place that the person knows, or has reasonable cause to believe, is on or about school premises.
(2) (a) Possession of a dangerous weapon on or about school premises is a class B
misdemeanor.
(b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A
misdemeanor.
(3) This section applies to any person, except persons authorized to possess a firearm as
provided under Sections 53-5-704, 53-5-705, 53A-3-502, [76-10-510,] 76-10-511, 76-10-523, and
Subsection 76-10-504(2) and as otherwise authorized by law.
(4) This section does not prohibit prosecution of a more serious weapons offense that may
occur on or about school premises.
Section 134. Section 77-7-23 is amended to read:
77-7-23. Delivery of prisoner arrested without warrant to magistrate -- Transfer to
court with jurisdiction -- Violation as misdemeanor.
(1) (a) When an arrest is made without a warrant by a peace officer or private person, the
person arrested shall be taken without unnecessary delay to the magistrate in the [circuit] district
court, the precinct of the county, or the municipality in which the offense occurred, except under
Subsection (2). An information stating the charge against the person shall be made before the
magistrate.
(b) If the justice court judge of the precinct or municipality or the district court judge is not
available, the arrested person shall be taken before the magistrate within the same county who is
nearest to the scene of the alleged offense or nearest to the jail under Subsection (2), who may act
as committing magistrate for arraigning the accused, setting bail, or issuing warrants.
(2) If the arrested person under Subsection (1) must be transported from jail to a magistrate,
the person may be taken before the magistrate nearest to the jail rather than the magistrate specified
in Subsection (1) for arraignment, setting bail, or issuing warrants.
(3) The case shall then be transferred to the court having jurisdiction. This section does not
confer jurisdiction upon a court unless otherwise provided by law.
(4) Any officer or person violating this section is guilty of a class B misdemeanor.

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Section 135. Section 77-23a-8 is amended to read:
77-23a-8. Court order to authorize or approve interception -- Procedure.
(1) The attorney general of the state, any assistant attorney general specially designated by
the attorney general, any county attorney, district attorney, deputy county attorney, or deputy district
attorney specially designated by the county attorney or by the district attorney, may authorize an
application to a judge of competent jurisdiction for an order for an interception of wire, electronic,
or oral communications by any law enforcement agency of the state, the federal government or of
any political subdivision of the state that is responsible for investigating the type of offense for
which the application is made.
(2) The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a) aggravated murder, Section 76-5-202; murder, Section 76-5-203; manslaughter, Section
76-5-205;
(b) aggravated kidnapping, Section 76-5-302; child kidnapping, Section 76-5-301.1;
kidnapping, Section 76-5-301;
(c) threat against life or property offense punishable by a maximum term of imprisonment
of more than one year, Section 76-5-107;
(d) aggravated arson, Section 76-6-103; arson, Section 76-6-102;
(e) aggravated burglary, Section 76-6-203; burglary, Section 76-6-202;
(f) aggravated robbery, Section 76-6-302; robbery, Section 76-6-301;
(g) theft, Section 76-6-404; theft by deception, Section 76-6-405; theft by extortion, Section
76-6-406; when the theft, theft by deception or theft by extortion, is punishable by a maximum term
of imprisonment of more than one year;
(h) receiving stolen property offense punishable by a maximum term of imprisonment of
more than one year, Section 76-6-408;
(i) bribery of a labor official, Section 76-6-509;
(j) financial card transaction offenses punishable by a maximum term of imprisonment of
more than one year, Section 76-6-506.1, 76-6-506.2, 76-6-506.3, 76-6-506.4, 76-6-506.5, or

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76-6-506.6;
(k) criminal simulation offenses punishable by a maximum term of imprisonment of more
than one year, Section 76-6-518;
(l) criminal usury, Section 76-6-520;
(m) false or fraudulent insurance claim offenses punishable by a maximum term of
imprisonment of more than one year, Section 76-6-521;
(n) violations of the Computer Crimes Act punishable by a maximum term of imprisonment
of more than one year, Section 76-6-703;
(o) bribery to influence official or political actions, Section 76-8-103;
(p) misusing public moneys, Section 76-8-402;
(q) tampering with a witness, retaliation against a witness or informant, or bribery,
communicating a threat, Section 76-8-508;
(r) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
(s) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
(t) tampering with evidence, Section 76-8-510;
(u) destruction of property to interfere with preparation for defense or war, Section 76-8-802;
(v) attempts to commit crimes of sabotage, Section 76-8-804;
(w) conspiracy to commit crimes of sabotage, Section 76-8-805;
(x) advocating criminal syndicalism or sabotage, Section 76-8-902;
(y) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
(z) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
(aa) riot punishable by a maximum term of imprisonment of more than one year, Section
76-9-101;
(bb) dog fighting, training dogs for fighting, dog fighting exhibitions punishable by a
maximum term of imprisonment of more than one year, Section 76-9-301.1;
(cc) [infernal machine] explosive, chemical, or incendiary device, delivery to a common
carrier, mailing, or placement on premises, Section 76-10-307;
(dd) [infernal machine] explosive, chemical, or incendiary device, construction, or

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possession, Section 76-10-308;
(ee) exploiting prostitution, Section 76-10-1305;
(ff) aggravated exploitation of prostitution, Section 76-10-1306;
(gg) bus hijacking, assault with intent to commit hijacking, dangerous weapon or firearm,
Section 76-10-1504;
(hh) bombing or placing bomb or explosive in, upon, or near terminal or bus, threats,
firearms, and missiles, Section 76-10-1505;
(ii) violations of the Pattern of Unlawful Activity Act and the offenses listed under the
definition of unlawful activity in the act, including the offenses not punishable by a maximum term
of imprisonment of more than one year when those offenses are investigated as predicates for the
offenses prohibited by the act, Subsection 76-10-1602(4);
(jj) money laundering, Sections 76-10-1903 and 76-10-1904;
(kk) reporting by financial institutions when the offense is punishable by a maximum term
of imprisonment of more than one year, Section 76-10-1906;
(ll) communications fraud, Section 76-10-1801;
(mm) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled
Substances Act; Title 58, Chapter 37c, Utah Controlled Substances Precursor Act; Title 58, Chapter
37d, Clandestine Drug Lab Act; punishable by a term of imprisonment of more than one year;
(nn) any act prohibited by the criminal provisions of the Utah Uniform Securities Act and
punishable by a term of imprisonment of more than one year, Title 61, Chapter 1; or
(oo) attempt, Section 76-4-101; conspiracy, Section 76-4-201; solicitation, Section 76-4-203;
to commit any of the offenses enumerated above so long as the attempt, conspiracy or solicitation
offense is punishable by a term of imprisonment of more than one year.
Section 136. Section 77-27-10.5 is amended to read:
77-27-10.5. Special condition of parole -- Penalty.
(1) In accordance with Section 77-27-5, the Board of Pardons and Parole may release the
defendant on parole and as a condition of parole, the board may order the defendant to be prohibited
from directly or indirectly engaging in any profit or benefit generating activity relating to the

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publication of facts or circumstances pertaining to the defendant's involvement in the criminal act
for which the defendant is convicted.
(2) The order may prohibit the defendant from contracting with any person, firm,
corporation, partnership, association, or other legal entity with respect to the commission and
reenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, tape
recording, phonograph record, radio, or television presentations, live entertainment of any kind, or
from the expression of the defendant's thoughts, feelings, opinions, or emotions regarding the
criminal conduct.
(3) The board may order that the prohibition includes any event undertaken and experienced
by the defendant while avoiding apprehension from the authorities or while facing criminal charges.
(4) The board may order that any action taken by the defendant by way of execution of
power of attorney, creation of corporate entities, or other action to avoid compliance with the board's
order shall be grounds for revocation of parole as provided in Section 77-27-11.
(5) Adult Probation and Parole shall notify the board of any alleged violation of the [court's]
board's order under this section.
(6) The violation of the board's order shall be considered a violation of parole.
(7) For purposes of this section:
(a) "convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty and
mentally ill, no contest, and conviction of any crime or offense; and
(b) "defendant" means the convicted defendant, the defendant's assignees, and
representatives acting on the defendant's authority.
Section 137. Section 77-36-2.4 is amended to read:
77-36-2.4. Violation of protective orders -- Mandatory arrest.
(1) A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
whenever he has probable cause to believe that the alleged perpetrator has violated any of the
provisions of an ex parte protective order or protective order.
(2) (a) Intentional violation of any ex parte protective order or protective order is a class A
misdemeanor, in accordance with Section 76-5-108, and is a domestic violence offense, pursuant to

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Section 77-36-1.
(b) Second or subsequent violations of ex parte protective orders or protective orders carry
increased penalties, in accordance with Section [76-36-1.1] 77-36-1.1.
(3) As used in this section, "ex parte protective order" or "protective order" includes any
foreign protective order enforceable under Section 30-6-12.
Section 138. Section 77-38-5 is amended to read:
77-38-5. Application to felonies of the declaration of the rights of crime victims.
The provisions of this chapter shall apply to all felonies filed in the courts of the state and
to cases in the juvenile court as provided in Section [78-3a-33] 78-3a-511.
Section 139. Section 78-3-12.5 is amended to read:
78-3-12.5. Costs of system.
(1) The cost of salaries, travel, and training required for the discharge of the duties of district
court judges, court commissioners, secretaries of judges or court executives, court executives, and
court reporters shall be paid from appropriations made by the Legislature.
(2) Except as provided in Subsection (1), the Judicial Council may directly provide for the
actual and necessary expenses of operation of the district court, including personnel salary and
benefits, travel, training, facilities, security, equipment, furniture, supplies, legal reference materials,
and other operating expenses, or may contract with the county in a county seat or with the unit of
local government in municipalities other than a county seat for the actual and necessary expenses
of the district court. Any necessary contract with the county or unit of local government shall be
pursuant to Subsection 78-3-13.4(4).
Section 140. Section 78-3-21 is amended to read:
78-3-21. Judicial Council -- Creation -- Members -- Terms and election --
Responsibilities -- Reports.
(1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution, shall
be composed of:
(a) the chief justice of the Supreme Court;
(b) one member elected by the justices of the Supreme Court;

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(c) one member elected by the judges of the Court of Appeals;
(d) five members elected by the judges of the district courts;
(e) two members elected by the judges of the juvenile courts;
(f) three members elected by the justice court judges; and
(g) a member or ex officio member of the Board of Commissioners of the Utah State Bar
who is an active member of the Bar in good standing elected by the Board of Commissioners.
(2) (a) The chief justice of the Supreme Court shall act as presiding officer of the council
and chief administrative officer for the courts. The chief justice shall vote only in the case of a tie.
(b) All members of the council shall serve for three-year terms. If a council member should
die, resign, retire, or otherwise fail to complete a term of office, the appropriate constituent group
shall elect a member to complete the term of office. In courts having more than one member, the
members shall be elected to staggered terms. The person elected to the Judicial Council by the
Board of Commissioners shall be a member or ex officio member of the Board of Commissioners
and an active member of the Bar in good standing at the time the person is elected. The person may
complete a three-year term of office on the Judicial Council even though the person ceases to be a
member or ex officio member of the Board of Commissioners. The person shall be an active
member of the Bar in good standing for the entire term of the Judicial Council.
(c) Elections shall be held under rules made by the Judicial Council.
(3) The council is responsible for the development of uniform administrative policy for the
courts throughout the state. The presiding officer of the Judicial Council is responsible for the
implementation of the policies developed by the council and for the general management of the
courts, with the aid of the administrator. The council has authority and responsibility to:
(a) establish and assure compliance with policies for the operation of the courts, including
uniform rules and forms; and
(b) publish and submit to the governor, the chief justice of the Supreme Court, and the
Legislature an annual report of the operations of the courts, which shall include financial and
statistical data and may include suggestions and recommendations for legislation.
(4) (a) The Judicial Council shall make rules establishing:

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(i) standards for judicial competence; and
(ii) a formal program for the evaluation of judicial performance containing the elements of
and meeting the requirements of this subsection.
(b) The Judicial Council shall ensure that the formal judicial performance evaluation
program has improvement in the performance of individual judges, court commissioners, and the
judiciary as its goal.
(c) The Judicial Council shall ensure that the formal judicial performance evaluation
program includes at least all of the following elements:
(i) a requirement that judges complete a certain number of hours of approved judicial
education each year;
(ii) a requirement that each judge certify that he is:
(A) physically and mentally competent to serve; and
(B) in compliance with the Codes of Judicial Conduct and Judicial Administration; and
(iii) a requirement that the judge receive a satisfactory score on questions identified by the
Judicial Council as relating to judicial certification on a survey of members of the Bar developed by
the Judicial Council in conjunction with the American Bar Association.
(d) The Judicial Council shall ensure that the formal judicial performance evaluation
program considers at least the following criteria:
(i) integrity;
(ii) knowledge;
(iii) understanding of the law;
(iv) ability to communicate;
(v) punctuality;
(vi) preparation;
(vii) attentiveness;
(viii) dignity;
(ix) control over proceedings; and
(x) skills as a manager.

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(e) (i) The judicial council shall provide the judicial performance evaluation information
required by Subsection 20A-7-702(2) to the Lieutenant Governor for publication in the voter
information pamphlet.
(ii) Not later than August 1 of the year before the expiration of the term of office of a
municipal court judge, the Judicial Council shall provide the judicial performance evaluation
information required by Subsection 20A-7-702(2) to the appointing authority of a municipal justice
court judge.
(5) The council shall establish standards for the operation of the courts of the state including,
but not limited to, facilities, court security, support services, and staff levels for judicial and support
personnel.
(6) The council shall by rule establish the time and manner for destroying court records,
including computer records, and shall establish retention periods for these records.
(7) (a) Consistent with the requirements of judicial office and security policies, the council
shall establish procedures to govern the assignment of state vehicles to public officers of the judicial
branch.
(b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may
be assigned for unlimited use, within the state only.
(8) (a) The council shall advise judicial officers and employees concerning ethical issues and
shall establish procedures for issuing informal and formal advisory opinions on these issues.
(b) Compliance with an informal opinion is evidence of good faith compliance with the
Code of Judicial Conduct.
(c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
(9) (a) The council shall establish written procedures authorizing the presiding officer of the
council to appoint judges of courts of record by special or general assignment to serve temporarily
in another level of court in a specific court or generally within that level. The appointment shall be
for a specific period and shall be reported to the council.
(b) These procedures shall be developed in accordance with Subsection 78-3-24(10)
regarding temporary appointment of judges.

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(10) The Judicial Council may by rule designate municipalities in addition to those
designated by statute as a location of a trial court of record. There shall be at least one court clerk's
office open during regular court hours in each county. Any trial court of record may hold court in
any municipality designated as a location of a court of record.
(11) The Judicial Council shall by rule determine whether the administration of a court shall
be the obligation of the administrative office of the courts or whether the administrative office of the
courts should contract with local government for court support services.
(12) The Judicial Council may by rule direct that a district [or circuit] court location be
administered from another court location within the county.
(13) The Judicial Council shall establish and supervise the Office of Guardian Ad Litem
Director, in accordance with the provisions of Sections 78-3a-911 and 78-3a-912, and assure
compliance of the guardian ad litem program with state and federal law, regulation, and policy, and
court rules.
Section 141. Section 78-3-24 is amended to read:
78-3-24. Court administrator -- Powers, duties, and responsibilities.
Under the general supervision of the presiding officer of the Judicial Council, and within the
policies established by the council, the administrator shall:
(1) organize and administer all of the nonjudicial activities of the courts;
(2) assign, supervise, and direct the work of the nonjudicial officers of the courts;
(3) implement the standards, policies, and rules established by the council;
(4) formulate and administer a system of personnel administration, including in-service
training programs;
(5) prepare and administer the state judicial budget, fiscal, accounting, and procurement
activities for the operation of the courts of record, and assist justices' courts in their budgetary, fiscal,
and accounting procedures;
(6) conduct studies of the business of the courts, including the preparation of
recommendations and reports relating to them;
(7) develop uniform procedures for the management of court business, including the

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management of court calendars;
(8) maintain liaison with the governmental and other public and private groups having an
interest in the administration of the courts;
(9) establish uniform policy concerning vacations and sick leave for judges and nonjudicial
officers of the courts;
(10) establish uniform hours for court sessions throughout the state and may, with the
consent of the presiding officer of the Judicial Council, call and appoint justices or judges of courts
of record to serve temporarily as Court of Appeals, district court, or juvenile court judges and set
reasonable compensation for their services;
(11) when necessary for administrative reasons, change the county for trial of any case if no
party to the litigation files timely objections to this change;
(12) organize and administer a program of continuing education for judges and support staff,
including training for [justices of the peace] justice court judges;
(13) provide for an annual meeting for each level of the courts of record, and the annual
judicial conference; and
(14) perform other duties as assigned by the presiding officer of the council.
Section 142. Section 78-3a-803 is amended to read:
78-3a-803. Practice and procedure -- Jury trial -- Criminal Code prosecution
unaffected.
(1) When requested by the defendant by written motion filed within ten days before the date
of trial, issues of fact may be tried by a jury of four jurors. Trial juries shall be formed in the same
manner as trial juries in criminal cases.
(2) (a) If the defendant in proceedings under this part demands a jury trial, the court may,
and on stipulation of the parties shall, transfer the case to a district court.
(b) This section may not be construed to deprive district [or circuit] courts of jurisdiction
in any prosecution instituted against an adult under the Utah Criminal Code; provided, that the
disposition, care, control, and custody of a minor against whom an offense defined in this section
is committed shall remain within the exclusive jurisdiction of the juvenile court, unless the minor

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is otherwise subject to the jurisdiction of the district court under this chapter.
(3) The court has jurisdiction over adults to issue and enforce protective orders under this
chapter.
(4) In proceedings under Section 78-3a-801, the practice and procedure of the juvenile court
shall conform to the practice and procedure provided by law or court rule for criminal proceedings
in the district court, except that the proceedings may be commenced by complaint and a trial jury
shall consist of four jurors.
(5) The county attorney or district attorney as provided under Sections 17-18-1 and
17-18-1.7 shall prosecute any case brought under this part.
(6) The court may have a preliminary investigation made by the probation department or
other agency designated by the court, and with the consent of the defendant or person involved may
permit such nonjudicial adjustment as may be practicable, without prosecution.
Section 143. Section 78-5-134 is amended to read:
78-5-134. Justice court judges to be appointed -- Procedure -- Report to Judicial
Council -- Retention election -- Vacancy.
(1) As used in this section:
(a) "Appointing authority" means:
(i) the chair of the county commission in counties having the county commission form of
county government;
(ii) the county executive in counties having the county executive-council form of
government;
(iii) the chair of the city commission, city council, or town council in municipalities having:
(A) the traditional management arrangement established by Title 10, Chapter 3, Part 1; and
(B) the council-manager optional form of government defined in Section 10-3-1209; and
(iv) the mayor, in the council-mayor optional form of government defined in Section
10-3-1209; and
(b) "Local legislative body" means:
(i) the county commission or county council; and

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(ii) the city commission, city council, or town council.
(2) Justice court judges shall be appointed by the appointing authority and confirmed by a
majority vote of the local legislative body.
(3) (a) After a newly appointed justice court judge has been confirmed, the local legislative
body shall report the confirmed judge's name to the Judicial Council.
(b) The Judicial Council shall certify the judge as qualified to hold office upon successful
completion of the orientation program and upon the written opinion of the county or municipal
attorney that the judge meets the statutory qualifications for office.
(c) A justice court judge may not perform judicial duties until certified by the Judicial
Council.
(4) Upon the expiration of a justice court judge's term of office:
(a) a county justice court judge shall be subject to an unopposed retention election in
accordance with the procedures set forth in Section 20A-12-201; and
(b) a municipal justice court judge may be considered for reappointment after the appointing
authority has considered:
(i) whether or not the judge has been certified as meeting the evaluation criteria for judicial
performance established by the Judicial Council; and
(ii) any other factors considered relevant by the appointing authority.
(5) Before reappointment or retention election, each justice court judge shall be evaluated
in accordance with the performance evaluation program established in Subsection 78-3-21[(6)](4).
(6) (a) At the conclusion of a term of office or when a vacancy occurs in the position of
justice court judge, the appointing authority may contract with a justice court judge in the county or
an adjacent county to serve as justice court judge.
(b) The contract shall be for the duration of the justice court judge's term of office.
(7) Vacancies in the office of justice court judge shall be filled as provided in Section
20A-1-506.
Section 144. Section 78-7-30 is amended to read:
78-7-30. Authority of Judicial Conduct Commission -- Procedure for removal,

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suspension, censure, reprimand, or involuntary retirement.
(1) The Judicial Conduct Commission is authorized to receive any complaint directly from
the complainant.
(2) (a) After an investigation, the Judicial Conduct Commission may order a formal hearing
to be held concerning the removal, suspension, censure, public or private reprimand, or involuntary
retirement of a justice, judge, or justice court judge.
(b) The commission shall provide the justice or judge with all information necessary to
prepare an adequate response or defense, which may include the identity of the complainant.
(c) A formal hearing may be conducted before a quorum of the commission. Any finding
or order shall be made upon a majority vote of the quorum.
(3) (a) Alternatively, the commission may appoint three special masters, who are justices
or judges of courts of record, to hear and take evidence in the matter and to report to the commission.
(b) After the formal hearing or after considering the record and report of the masters, if the
commission finds good cause, it shall order the removal, suspension, censure, reprimand, or
involuntary retirement of the justice, judge, or justice court judge.
(4) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
46a, Utah Administrative Rulemaking Act[, on]. On or after July 1, 1996, the commission shall
make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
governing the issuance of private reprimands, including rules for disclosing the information to the
Judicial Council. A private reprimand may be issued only if a formal hearing is not conducted
regarding this matter.
(5) (a) Prior to the implementation of any commission order under Subsection (1) or (2), the
Supreme Court shall review the record of the proceedings on the law and facts and may permit the
introduction of additional evidence. The Supreme Court shall enter its order implementing,
modifying, or rejecting the commission's order.
(b) (i) Upon an order for retirement, the justice, judge, or justice court judge shall retire with
the same rights and privileges as if the justice, judge, or justice court judge retired pursuant to
statute.

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(ii) Upon an order for removal, the justice, judge, or justice court judge shall be removed
from office and his salary or compensation ceases from the date of the order.
(iii) Upon an order for suspension from office, the justice, judge, or justice court judge may
not perform any judicial functions and may not receive a salary for the period of suspension.
(6) The following documents are privileged in any civil action:
(a) the transmission, production, or disclosure of any complaints, papers, or testimony in the
course of proceedings before:
(i) the Judicial Conduct Commission;
(ii) the masters appointed under Subsection (2); or
(iii) the Supreme Court;
(b) any complaints, papers, or testimony may not be disclosed by the commission, masters,
or any court until the Supreme Court has entered its final order in accordance with this section,
except:
(i) upon order of the Supreme Court;
(ii) upon the request of the judge or justice who is the subject of the complaint; or
(iii) the dismissal of a complaint or allegation against a judge or justice shall be disclosed
without consent of the judge or justice to the person who filed the complaint or allegation.
(7) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
46a, Utah Administrative Rulemaking Act, on or after July 1, 1996, the Judicial Conduct
Commission shall make rules in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, outlining its procedures and the appointment of masters. A justice, judge, or
justice court judge who is a member of the commission or the Supreme Court may not participate
in any proceedings involving the justice's, judge's, or justice court judge's own removal or retirement.
(8) Retirement for disability or involuntary retirement as provided by Sections 78-7-28
through 78-7-30 shall be processed through the Utah State Retirement Office, and the judge retiring
shall meet the requirements for retirement as specified in Sections 78-7-28 through 78-7-30.
Section 145. Section 78-27-60 is amended to read:
78-27-60. Limited immunity for architects and engineers inspecting earthquake

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damage.
(1) A professional engineer licensed under Title 58, Chapter 22, Professional Engineers and
Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter [3] 3a, Architects
Licensing Act, who provides structural inspection services at the scene of a declared national, state,
or local emergency caused by a major earthquake is not liable for any personal injury, wrongful
death, or property damage caused by the good faith inspection for structural integrity or nonstructural
elements affecting health and safety of a structure used for human habitation or owned by a public
entity if the inspection is performed:
(a) voluntarily, without compensation or the expectation of compensation;
(b) at the request of a public official or city or county building inspector acting in an official
capacity; and
(c) within 30 days of the earthquake.
(2) The immunity provided for in Subsection (1) does not apply to gross negligence or
willful misconduct.
Section 146. Section 78-29-102 is amended to read:
78-29-102. Petition -- HIV testing -- Notice -- Payment of testing.
(1) A person, emergency medical services provider, or public safety officer significantly
exposed during the course of performing emergency medical services provider's or the public safety
officer's duties or a first aid volunteer significantly exposed during the course of performing
emergency assistance or first aid may petition the district court for an order requiring that the person
who significantly exposed the petitioner submit to testing to determine the presence of HIV or other
blood-borne pathogens and that the results of that test be disclosed to the petitioner by the
Department of Health.
(2) (a) The petitioner shall file with the district court a petition seeking the order to submit
to testing and to disclose the results.
(b) The petition shall be sealed upon filing and accessible only to the petitioner, the subject
of the petition, and their attorneys upon court order.
(3) (a) The petition described in Subsection (2) shall be accompanied by an affidavit in

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which the person, the public safety officer, first aid volunteer, or emergency medical services
provider certifies that he has been significantly exposed to the individual who is the subject of the
petition and describes that exposure.
(b) The petitioner shall submit to testing to determine the presence of HIV or other
blood-borne pathogens concurrently with the petition or within ten days of the petition.
(4) The petitioner shall serve the petition required under this section on the person who the
petitioner is requesting to be tested.
(5) (a) The court shall set a time for a hearing on the matter within 20 days after the petition
is filed and shall give the petitioner and the individual who is the subject of the petition notice of the
hearing at least 72 hours prior to the hearing.
(b) The individual who is the subject of the petition shall also be notified that he may have
an attorney present at the hearing, and that his attorney may examine and cross-examine witnesses.
(c) The hearing shall be conducted in camera.
(6) The district court may enter an order requiring that an individual submit to testing for
HIV or other blood-borne pathogens if the court finds probable cause to believe:
(a) the petitioner was significantly exposed; and
(b) the exposure occurred during the course of the public safety officer's or medical services
provider's duties.
(7) The court is not required to order an individual to submit to a test under this section if
it finds that there is a substantial reason, relating to the life or health of the individual, not to enter
the order.
(8) (a) Upon order of the district court that a person submit to testing for HIV or other
blood-borne pathogens, that person shall report to the local health department to have his blood
drawn within ten days from the issuance of the order or shall be held in contempt of court.
(b) The order shall include the name and address of the petitioner and the subject of the
petition.
(c) The court shall send the order to the Department of Health and to the local health
department ordered to draw the blood.

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(d) Notwithstanding the provisions of Section [26-25a-101] 26-6-27, the Department of
Health and a local health department may disclose the test results pursuant to a court order as
provided in this section.
(e) Under this section, anonymous testing as provided under Section [26-6-3] 26-6-3.5 shall
not satisfy the requirements of the court order.
(f) The local health department or the Department of Health shall inform the subject of the
petition and the petitioner of the results of the test and advise both parties of the confidential nature
of the test results.
(9) (a) The petitioner shall remit payment for the drawing of the blood specimen and the
analysis of the specimen for the mandatory disease testing to the entity that draws the blood.
(b) If the petitioner is a public safety officer or emergency medical services provider, the
agency which employs the public safety officer or emergency medical services provider shall remit
payment for the drawing of the blood specimen and the analysis of the specimen for the mandatory
disease testing to the entity that draws the blood.
(10) The entity that draws the blood shall cause the blood and the payment for the analysis
of the specimen to be delivered to the Department of Health for analysis.
(11) If the individual is incarcerated, the incarcerating authority shall either draw the blood
specimen or shall pay the expenses of having the individual's blood drawn.
Section 147. Section 78-30-7 is amended to read:
78-30-7. Jurisdiction of district and juvenile court -- Time for filing.
(1) Adoption proceedings shall be commenced by filing a petition with the clerk of the
district court in the district where the person adopting resides, or with the juvenile court as provided
in Section [78-3a-16.3] 78-3a-105. All orders, decrees, agreements, and notices in the proceedings
shall be filed with the clerk of that court.
(2) A petition for adoption shall be filed within 30 days of the date the adoptee is placed in
the home of the petitioners for the purpose of adoption, unless the time for filing has been extended
by the court, or unless the adoption is arranged by a licensed child placing agency in which case the
agency may extend the filing time.

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Section 148. Section 78-30-15.1 is amended to read:
78-30-15.1. Compliance with the Interstate Compact on Placement of Children.
In any adoption proceeding the petition for adoption shall state whether the child was born
in another state and, if so, both the petition and the court's final decree of adoption shall state that
the requirements of Title 62A, Chapter [4, Part 3] 4a, Part 7, Interstate Compact on Placement of
Children, have been complied with.
Section 149. Repealer.
This act repeals:
Section 9-2-1101 (Renumbered 07/01/97), Short title.
Section 26-33-9, Repeal of chapter.
Section 31A-8-109, Signing documents without verification.
Section 31A-11-113, Continuation of existing motor clubs.
Section 55-3-27, End of emergency.
Section 58-12-39, "Good Samaritan Statute" to apply.
Section 59-17a-108, Transfers of funding sources of programs, services, and revenues
-- Effect.
Section 62A-9-137, AFDC work or training proposal.
Section 63-56-18, Preparation of specifications by purchasing agency.
Section 150. Effective date.
(1) Sections 9-2-1101, 35A-1-201, 35A-3-107, 35A-3-308, 35A-4-104, 35A-6-202,
63-55-235, and 64-13-16 take effect July 1, 1997.
(2) Section 59-7-605 has retrospective operation to taxable years beginning January 1, 1997.
(3) The remaining provisions of this act take effect May 5, 1997.

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