H.B. 228

1

REVISOR'S STATUTE
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John W. Hickman
5 Greg J. Curtis
6 Jeff Alexander
Raymond W. Short
David Ure
Steve Barth
Neal B. Hendrickson

7 AN ACT RELATING TO STATE AFFAIRS; MAKING TECHNICAL AMENDMENTS; AND
8 PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 4-2-9, as enacted by Chapter 2, Laws of Utah 1979
12 4-14-2, as last amended by Chapter 4, Laws of Utah 1993
13 4-18-6, as last amended by Chapter 6, Laws of Utah 1983
14 4-25-4, as last amended by Chapter 7, Laws of Utah 1983
15 9-2-706, as last amended by Chapter 78, Laws of Utah 1993
16 9-3-308, as last amended by Chapter 78, Laws of Utah 1993
17 9-3-410, as enacted by Chapter 309, Laws of Utah 1993
18 9-7-301, as last amended by Chapter 243, Laws of Utah 1996
19 9-7-403, as last amended by Chapter 78, Laws of Utah 1993
20 9-8-302, as last amended by Chapter 170, Laws of Utah 1995
21 10-3-818, as enacted by Chapter 48, Laws of Utah 1977
22 10-3-1203, as last amended by Chapter 79, Laws of Utah 1996
23 10-15-3, as enacted by Chapter 2, Laws of Utah 1966, Second Special Session
24 11-14-27, as last amended by Chapter 30, Laws of Utah 1992
25 11-21-1, as enacted by Chapter 16, Laws of Utah 1973
26 13-1a-6, as last amended by Chapter 259, Laws of Utah 1991
27 13-2-3, as last amended by Chapter 196, Laws of Utah 1996

1 13-5-12, Utah Code Annotated 1953
2 13-7-4, as last amended by Chapter 18, Laws of Utah 1973
3 16-6-76, as enacted by Chapter 17, Laws of Utah 1963
4 16-6-108, as last amended by Chapter 143, Laws of Utah 1996
5 17A-2-526, as renumbered and amended by Chapter 186, Laws of Utah 1990
6 17A-2-719, as last amended by Chapter 227, Laws of Utah 1993
7 17A-2-819, as renumbered and amended by Chapter 186, Laws of Utah 1990
8 17A-2-1232, as renumbered and amended by Chapter 186, Laws of Utah 1990
9 17A-2-1404, as last amended by Chapter 135, Laws of Utah 1991
10 20A-2-204, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
11 20A-14-102, as enacted by Chapter 1, Laws of Utah 1995
12 21-1-5, as last amended by Chapters 79 and 198, Laws of Utah 1996
13 26-4-4, as enacted by Chapter 126, Laws of Utah 1981
14 26-32a-105, as last amended by Chapter 213, Laws of Utah 1995
15 27-17-301, as enacted by Chapter 170, Laws of Utah 1996
16 27-17-403, as renumbered and amended by Chapter 170, Laws of Utah 1996
17 30-6-4, as last amended by Chapter 244, Laws of Utah 1996
18 30-6-4.2, as last amended by Chapter 244, Laws of Utah 1996
19 31A-3-103, as enacted by Chapter 242, Laws of Utah 1985
20 31A-6a-107, as enacted by Chapter 203, Laws of Utah 1992
21 31A-8-105.5, as enacted by Chapter 336, Laws of Utah 1995
22 31A-9-106, as enacted by Chapter 242, Laws of Utah 1985
23 31A-11-104, as enacted by Chapter 242, Laws of Utah 1985
24 31A-11-112, as last amended by Chapter 198, Laws of Utah 1996
25 31A-22-1301, as last amended by Chapter 234, Laws of Utah 1993
26 31A-22-1302, as enacted by Chapter 242, Laws of Utah 1985
27 31A-23-205, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
28 31A-28-107, as last amended by Chapter 243, Laws of Utah 1996
29 31A-28-206, as last amended by Chapter 243, Laws of Utah 1996
30 31A-30-110, as enacted by Chapter 321, Laws of Utah 1995
31 31A-34-104 (Repealed 07/01/99), as enacted by Chapter 143, Laws of Utah 1996

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1 34-19-2, as enacted by Chapter 85, Laws of Utah 1969
2 34-41-104, as last amended by Chapter 197, Laws of Utah 1996
3 35A-1-201 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
4 35A-3-107 (Effective 07/01/97), as renumbered and amended by Chapter 240 and as last
5 amended by Chapter 243, Laws of Utah 1996
6 35A-3-308 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
7 1996
8 35A-4-104 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
9 1996
10 35A-6-202 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
11 1996
12 36-1-3, as last amended by Chapter 147, Laws of Utah 1994
13 36-1-5, as last amended by Chapter 147, Laws of Utah 1994
14 38-11-202, as last amended by Chapters 28 and 172, Laws of Utah 1995
15 39-2-1, as last amended by Chapter 243, Laws of Utah 1996
16 41-1a-215, as renumbered and amended by Chapter 1 and last amended by Chapter 218, Laws
17 of Utah 1992
18 41-6-44.10, as last amended by Chapter 71, Laws of Utah 1996
19 41-12a-803, as enacted by Chapter 59, Laws of Utah 1994
20 41-12a-805, as enacted by Chapter 59, Laws of Utah 1994
21 48-2b-102, as last amended by Chapters 176, 232 and 247, Laws of Utah 1996
22 49-2-402, as last amended by Chapter 231, Laws of Utah 1996
23 51-4-2, as last amended by Chapter 198, Laws of Utah 1996
24 53-5-703, as last amended by Chapter 243, Laws of Utah 1996
25 53-9-110, as enacted by Chapter 314, Laws of Utah 1995
26 53A-1a-303.5, as enacted by Chapter 65, Laws of Utah 1996
27 53A-20-102, as last amended by Chapter 142, Laws of Utah 1988
28 53A-20a-106, as enacted by Chapter 273, Laws of Utah 1993
29 53B-16-403, as enacted by Chapter 73, Laws of Utah 1996
30 54-8c-6, as enacted by Chapter 250, Laws of Utah 1988
31 55-5-7, as last amended by Chapter 37, Laws of Utah 1996

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1 55-15-34, as enacted by Chapter 126, Laws of Utah 1961
2 58-1-201, as last amended by Chapter 243, Laws of Utah 1996
3 58-3a-502, as enacted by Chapter 260, Laws of Utah 1996
4 58-5a-201, as last amended by Chapter 232, Laws of Utah 1996
5 58-20a-102, as enacted by Chapter 95, Laws of Utah 1995
6 58-22-503, as last amended by Chapter 259, Laws of Utah 1996
7 58-26-4, as last amended by Chapter 313, Laws of Utah 1994
8 58-31-2, as last amended by Chapter 297, Laws of Utah 1993
9 58-31-5, as last amended by Chapter 297, Laws of Utah 1993
10 58-31-19, as enacted by Chapter 82, Laws of Utah 1992
11 58-44a-102, as enacted by Chapter 187, Laws of Utah 1994
12 58-47b-304, as enacted by Chapter 76, Laws of Utah 1996
13 58-55-503, as last amended by Chapter 167, Laws of Utah 1995
14 58-60-114, as enacted by Chapter 32, Laws of Utah 1994
15 58-61-307, as last amended by Chapter 184, Laws of Utah 1996
16 58-67-102, as enacted by Chapter 248, Laws of Utah 1996
17 58-67-201, as enacted by Chapter 248, Laws of Utah 1996
18 58-68-102, as enacted by Chapter 248, Laws of Utah 1996
19 58-69-201, as enacted by Chapter 116, Laws of Utah 1996
20 58-69-305, as enacted by Chapter 116, Laws of Utah 1996
21 58-71-102, as enacted by Chapter 282, Laws of Utah 1996
22 58-71-201, as enacted by Chapter 282, Laws of Utah 1996
23 59-2-405, as last amended by Chapters 247 and 339, Laws of Utah 1995
24 59-7-605, as last amended by Chapter 257, Laws of Utah 1996
25 59-10-530.5, as enacted by Chapter 123, Laws of Utah 1988
26 62A-3-107, as last amended by Chapter 181, Laws of Utah 1990
27 62A-3-304, as last amended by Chapter 130, Laws of Utah 1996
28 62A-4a-606, as renumbered and amended by Chapter 260, Laws of Utah 1994
29 62A-8-204, as last amended by Chapter 26, Laws of Utah 1991
30 62A-12-282.1, as enacted by Chapter 234, Laws of Utah 1996
31 62A-12-289, as enacted by Chapter 234, Laws of Utah 1996

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1 63-11-60.4, as last amended by Chapter 243, Laws of Utah 1996
2 63-11a-402, as last amended by Chapter 243, Laws of Utah 1996
3 63-46a-7, as last amended by Chapter 60, Laws of Utah 1996
4 63-55-209, as last amended by Chapters 25 and 236, Laws of Utah 1996
5 63-55-220, as last amended by Chapter 24, Laws of Utah 1995
6 63-55-235 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
7 63-55-258, as last amended by Chapters 25, 76, 96, 116, 232, 247, 248, 253 and 282, Laws of
8 Utah 1996
9 63-83-5, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
10 63-84-5, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
11 63-85-5, as enacted by Chapter 304, Laws of Utah 1992
12 63-86-5, as enacted by Chapter 304, Laws of Utah 1992
13 63A-10-106, as enacted by Chapter 186, Laws of Utah 1996
14 63C-3-103, as last amended by Chapter 243, Laws of Utah 1996
15 64-13-16 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
16 65A-7-5, as last amended by Chapter 294, Laws of Utah 1994
17 65A-8-6.2, as enacted by Chapter 331, Laws of Utah 1996
18 67-5c-103, as enacted by Chapter 166, Laws of Utah 1995
19 67-19-12, as last amended by Chapters 192 and 283, Laws of Utah 1996
20 70A-2-103, as enacted by Chapter 154, Laws of Utah 1965
21 73-10-1, Utah Code Annotated 1953
22 73-10g-8, as enacted by Chapter 4, Laws of Utah 1991, First Special Session
23 73-10h-8, as enacted by Chapter 304, Laws of Utah 1992
24 76-5-106.5, as last amended by Chapter 151, Laws of Utah 1996
25 76-5-504, as enacted by Chapter 40, Laws of Utah 1993
26 76-6-512, as enacted by Chapter 196, Laws of Utah 1973
27 76-10-306, as repealed and reenacted by Chapter 75, Laws of Utah 1993
28 76-10-505.5, as last amended by Chapter 234, Laws of Utah 1993
29 77-7-23, as last amended by Chapter 198, Laws of Utah 1996
30 77-23a-8, as last amended by Chapter 17, Laws of Utah 1996
31 77-27-10.5, as enacted by Chapter 210, Laws of Utah 1996

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1 77-36-2.4, as last amended by Chapter 244, Laws of Utah 1996
2 77-38-5, as last amended by Chapter 352, Laws of Utah 1995
3 78-3-12.5, as last amended by Chapter 198, Laws of Utah 1996
4 78-3-21, as last amended by Chapter 254, Laws of Utah 1996
5 78-3-24, as last amended by Chapter 198, Laws of Utah 1996
6 78-3a-803, as enacted by Chapter 1 and last amended by Chapter 198, Laws of Utah 1996
7 78-5-134, as last amended by Chapter 254, Laws of Utah 1996
8 78-7-30, as last amended by Chapter 120, Laws of Utah 1996
9 78-27-60, as enacted by Chapter 103, Laws of Utah 1992
10 78-29-102, as enacted by Chapter 107, Laws of Utah 1995
11 78-30-7, as last amended by Chapter 245, Laws of Utah 1990
12 78-30-15.1, as enacted by Chapter 245, Laws of Utah 1990
13 RENUMBERS AND AMENDS:
14 53A-11-901.5, (Renumbered from 53A-11-12, as enacted by Chapter 8, Laws of Utah 1996)
15 REPEALS:
16 9-2-1101 (Renumbered 07/01/97), as renumbered and amended by Chapter 241, Laws of Utah
17 1992
18 26-33-9, as last amended by Chapter 136, Laws of Utah 1983
19 31A-8-109, as enacted by Chapter 204, Laws of Utah 1986
20 31A-11-113, as enacted by Chapter 242, Laws of Utah 1985
21 55-3-27, Utah Code Annotated 1953
22 58-12-39, as last amended by Chapter 248, Laws of Utah 1996
23 59-17a-108, as last amended by Chapter 307, Laws of Utah 1990
24 62A-9-137, as enacted by Chapter 114, Laws of Utah 1992
25 63-56-18, as enacted by Chapter 75, Laws of Utah 1980
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 4-2-9 is amended to read:
28 4-2-9. Appointment.
29 The state chemist shall be appointed by the commissioner, subject to the provisions of [the
30 State Merit System (Sections 67-13-2 through 67-13-15)] Subsection 67-19-15(2), and shall serve
31 in that position subject to its provisions.

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1 Section 2. Section 4-14-2 is amended to read:
2 4-14-2. Definitions.
3 As used in this chapter:
4 (1) "Active ingredient" means any ingredient which prevents, destroys, repels, controls,
5 or mitigates pests, or which acts as a plant regulator, defoliant, or desiccant.
6 (2) "Adulterated pesticide" means any pesticide the strength or purity of which is below
7 the standard of quality expressed on the label under which it is offered for sale.
8 (3) "Animal" means all vertebrate or invertebrate species.
9 (4) "Beneficial insect" means any insect which is an effective pollinator of plants, or which
10 is a parasite or predator of pests, or is otherwise beneficial.
11 (5) "Defoliant" means any substance or mixture intended to cause leaves or foliage to drop
12 from a plant, with or without causing abscission.
13 (6) "Desiccant" means any substance or mixture intended to artificially accelerate the
14 drying of plant or animal tissue.
15 (7) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, or receive
16 and (having so received) deliver or offer to deliver pesticides in this state.
17 (8) "Environment" means all living plants and animals, water, air, land, and the
18 interrelationships which exist between them.
19 (9) (a) "Equipment" means any type of ground, water, or aerial equipment or contrivance
20 using motorized, mechanical, or pressurized power to apply a pesticide.
21 (b) "Equipment" does not mean any pressurized hand-sized household apparatus used to
22 apply a pesticide or any equipment or contrivance used to apply a pesticide which is dependent
23 solely upon energy expelled by the person making the pesticide application.
24 (10) "EPA" means the United States Environmental Protection Agency.
25 (11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
26 (12) "Fungus" means any nonchlorophyll-bearing thallophyte (that is, any
27 nonchlorophyll-bearing plant of an order lower than mosses and liverworts), for example, rust,
28 smut, mildew, mold, yeast and bacteria, except those on or in living man or other animals, and
29 except those on or in processed food, beverages, or pharmaceuticals.
30 (13) "Insect" means any invertebrate animal generally having a more or less obviously
31 segmented body, for the most part belonging to the Class Insecta, comprising six-legged, usually

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1 winged forms; for example, beetles, bugs, bees, flies, and allied classes of arthropods that are
2 wingless usually having more than six legs, as for example, spiders, mites, ticks, centipedes, and
3 wood lice.
4 (14) "Label" means any written, printed, or graphic matter on, or attached to, a pesticide
5 or a container or wrapper of a pesticide.
6 (15) "Labeling" means all labels and all other written, printed, or graphic matter:
7 (a) accompanying a pesticide or equipment; or
8 (b) to which reference is made on the label or in literature accompanying a pesticide or
9 equipment, except to current official publications of the EPA, the United States Departments of
10 Agriculture or Interior, the Department of Health, Education, and Welfare, state experimental
11 stations, state agricultural colleges, and other federal or state institutions or agencies authorized
12 by law to conduct research in the field of pesticides.
13 (16) "Land" means all land, water, air, and all plants, animals, structures, buildings,
14 contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile, including
15 any used for transportation.
16 (17) "Misbranded" means any label or labeling which is false or misleading or which does
17 not strictly comport with the label and labeling requirements set forth in Section 4-14-4.
18 (18) "Misuse" means use of any pesticide in a manner inconsistent with its label or
19 labeling.
20 (19) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and Class
21 Nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered
22 with cuticle, also known as nemas or eelworms.
23 (20) "Pest" means:
24 (a) any insect, rodent, nematode, fungus, weed; or
25 (b) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other
26 microorganism which is injurious to health or to the environment or which the commissioner
27 declares to be a pest; except, viruses, bacteria, or other microorganisms on or in living man or
28 other living animals, or protected wildlife species identified in Section 23-13-2 which are regulated
29 by the Division of Wildlife Resources in accordance with Sections 23-14-1 through [23-14-4]
30 23-14-3.
31 (21) "Pesticide" means any:

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1 (a) substance or mixture of substances including a living organism which is intended to
2 prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug,
3 fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that
4 the commissioner declares to be a pest;
5 (b) any substance or mixture of substances intended to be used as a plant regulator,
6 defoliant, or desiccant;
7 (c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive,
8 or emulsifying agent with deflocculating properties of its own used with a pesticide to aid its
9 application or effect; and
10 (d) any other substance designated by the commissioner by rule.
11 (22) "Pesticide dealer" means any person who distributes restricted use pesticides.
12 (23) "Plant regulator" means any substance or mixture intended, through physiological
13 action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the
14 behavior of ornamental or crop plants, but it does not mean plant nutrients, trace elements,
15 nutritional chemicals, plant inoculants, or soil amendments.
16 (24) "Restricted use pesticide" means any pesticide, including a highly toxic pesticide
17 which is a serious hazard to beneficial insects, animals, or land; or any pesticide or pesticide use
18 restricted by the administrator of EPA or by the commissioner.
19 (25) "Weed" means any plant which grows where not wanted.
20 (26) "Wildlife" means all living things that are neither human, domesticated, nor pests.
21 Section 3. Section 4-18-6 is amended to read:
22 4-18-6. Agriculture Resource Development Fund -- Source of funding.
23 There is hereby created a nonlapsing restricted fund account within the General Fund to
24 be known as the "Agriculture Resource Development Fund." The Agriculture Resource
25 Development Fund shall consist of all money appropriated to it by the Legislature, deposits made
26 to the Mineral Lease Account prescribed by Section [65-1-64.5] 59-21-2, and all money made
27 available to the state for agriculture resource development from any source together with interest
28 that may be earned on such account.
29 Section 4. Section 4-25-4 is amended to read:
30 4-25-4. Possession of estrays -- Determination and location of owner -- Sale --
31 Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.

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1 (1) Each county, except as otherwise provided in Section 4-25-5, shall take physical
2 possession of any estray it finds within its boundaries and attempt to determine the name and
3 location of the animal's owner. The department shall assist any county which requests its help in
4 locating the name and location of the owner or other person responsible for such animal. If
5 ownership of the estray cannot be determined, or, if having determined ownership, neither the
6 county nor the department is able to locate the owner within a reasonable period of time, the
7 animal, notwithstanding [the Uniform Disposition of] Title 67, Chapter 4a, Unclaimed Property
8 Act, shall be sold at a livestock or other appropriate market and the proceeds of such sale paid,
9 after the deduction of feed, transportation, and market costs, to the county causing the sale of such
10 estray.
11 (2) No sale of an estray under this section shall be conducted without notice of the
12 intended sale being published at least once ten days before the date of sale in a publication with
13 general circulation within the county where the estray was taken into custody.
14 (3) The purchaser of an estray sold under this section shall receive title to the estray free
15 and clear of all claims of the owner and any person claiming through the owner.
16 (4) The county, provided it complies with this chapter, is immune from liability on account
17 of any estray sold at a livestock or other appropriate market.
18 Section 5. Section 9-2-706 is amended to read:
19 9-2-706. Exemption from certain statutes.
20 The corporation is exempt from:
21 (1) Title 51, Chapter 5, Funds Consolidation Act;
22 (2) Title 51, Chapter 7, State Money Management Act [of 1974];
23 [(4)] (3) Title 63, Chapter 38, Budgetary Procedures Act[.]; and
24 [(3)] (4) Title [63] 63A, Chapter 1, Utah Administrative Services [Act; and] Code.
25 Section 6. Section 9-3-308 is amended to read:
26 9-3-308. Relation to certain acts.
27 (1) The authority is exempt from:
28 (a) Title 51, Chapter 5, Funds Consolidation Act;
29 [(c)] (b) Title 63, Chapter 38, Budgetary Procedures Act;
30 [(d)] (c) Title 63, Chapter 56, Utah Procurement Code; [and]
31 [(b)] (d) Title [63] 63A, Chapter 1, Utah Administrative Services [Act] Code; and

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1 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
2 (2) The authority shall be subject to audit by the state auditor pursuant to Title 67, Chapter
3 3, and by the legislative auditor general pursuant to Section [36-12-5] 36-12-15.
4 Section 7. Section 9-3-410 is amended to read:
5 9-3-410. Relation to certain acts.
6 (1) The authority is exempt from:
7 [(c)] (a) Title 51, Chapter 5, Funds Consolidation Act;
8 [(a)] (b) Title 63, Chapter 38, Budgetary Procedures Act;
9 [(d)] (c) Title 63, Chapter 56, Utah Procurement Code; [and]
10 [(b)] (d) Title [63] 63A, Chapter 1, Utah Administrative Services [Act] Code; and
11 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
12 (2) The authority shall be subject to audit by the state auditor pursuant to Title 67, Chapter
13 3, and by the legislative auditor general pursuant to Section 36-12-15.
14 (3) The authority shall annually report to the Community and Economic Development
15 Interim Committee concerning the authority's implementation of this part.
16 Section 8. Section 9-7-301 is amended to read:
17 9-7-301. Board of control.
18 (1) There is created the board of control of the State Law Library consisting of the attorney
19 general, legislative general counsel, and the chief justice of the Supreme Court.
20 (2) [(a)] The members of the board may not receive salary, per diem, or expenses for their
21 service.
22 Section 9. Section 9-7-403 is amended to read:
23 9-7-403. Library board terms -- Officers -- Removal -- Vacancies.
24 (1) Each director shall be appointed for a three-year term, or until [their successors are]
25 the successor to that director is appointed. Initially, appointments shall be made for one-, two-, and
26 three-year terms. Annually thereafter, the city governing body shall, before the first day of July
27 of each year, appoint for a three-year term directors to take the place of the retiring directors.
28 (2) Directors shall serve not more than two consecutive full terms.
29 (3) The directors shall annually select a chairman and other officers.
30 (4) The city governing body may remove any director for misconduct or neglect of duty.
31 (5) Vacancies in the board of directors shall be filled for the unexpired term in the same

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1 manner as original appointments.
2 Section 10. Section 9-8-302 is amended to read:
3 9-8-302. Definitions.
4 As used in this part and Part 4:
5 (1) "Agency" means a department, division, office, bureau, board, commission, or other
6 administrative unit of the state.
7 (2) "Archaeological resources" means all material remains and their associations,
8 recoverable or discoverable through excavation or survey, that provide information pertaining to
9 the historic or prehistoric peoples of the state.
10 (3) "Collection" means a specimen and the associated records documenting the specimen
11 and its recovery.
12 (4) "Curation" means management and care of collections according to standard
13 professional museum practice, which may include inventorying, accessioning, labeling, cataloging,
14 identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning,
15 stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or
16 reproductions, and providing access to and facilities for studying collections.
17 (5) "Curation facility" is defined as provided in Section 53B-17-603.
18 (6) "Excavate" means the recovery of archaeological resources.
19 (7) "Museum" means the Utah Museum of Natural History.
20 (8) "Repository" is defined as provided in Section 53B-17-603.
21 (9) "School and institutional land grants" means the transfer of properties pursuant to
22 Sections 6, 8, and 12 of the Utah Enabling Act and Article XX, Utah Constitution.
23 (10) "School and institutional trust lands" are those properties defined in Section
24 53C-1-103.
25 (11) "Section" means the State Antiquities Section.
26 (12) "Site" means any petroglyphs, pictographs, structural remains, location of
27 archaeological deposits, or other location which is the source of specimens.
28 (13) "Specimen" means all man-made artifacts and remains of an archaeological or
29 anthropological nature found on or below the surface of the earth, excluding structural remains.
30 (14) "State historic preservation officer" means that position mentioned in [Section 106]
31 16 U.S.C. Sec. 470a of the National Historic Preservation Act of 1966, as amended.

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1 (15) "Survey" means surface investigations of archaeological resources.
2 Section 11. Section 10-3-818 is amended to read:
3 10-3-818. Salaries in municipalities.
4 (1) The elective and statutory officers of municipalities shall receive such compensation
5 for their services as the governing body may fix by ordinance adopting compensation or
6 compensation schedules enacted after public hearing.
7 (2) Upon its own motion the governing body may review or consider the compensation
8 of any officer or officers of the municipality or a salary schedule applicable to any officer or
9 officers of the city for the purpose of determining whether or not it should be adopted, changed,
10 or amended. In the event that the governing body decides that the compensation or compensation
11 schedules should be adopted, changed, or amended, it shall set a time and place for a public
12 hearing at which all interested persons shall be given an opportunity to be heard.
13 (3) Notice of the time, place, and purpose of the meeting shall be published at least seven
14 days prior thereto by publication at least once in a newspaper published in the county within which
15 the municipality is situated and generally circulated in the municipality. If there is no such
16 newspaper then notice shall be given by posting [such] this notice in three public places in the
17 municipality.
18 (4) After the conclusion of the public hearing, the governing body may enact an ordinance
19 fixing, changing, or amending the compensation of any elective or appointive officer of the
20 municipality or adopting a compensation schedule applicable to any officer or officers.
21 (5) Any ordinance enacted before [this act] Chapter 48, Laws of Utah 1977, by a
22 municipality establishing a salary or compensation schedule for its elective or appointive officers
23 and any salary fixed [by Section 10-6-41] prior to [its repeal by this act] Chapter 48, Laws of Utah
24 1977, shall remain effective until the municipality has enacted an ordinance pursuant to the
25 provisions of this [act] chapter.
26 (6) The compensation of all municipal officers shall be paid at least monthly out of the
27 municipal treasury provided that municipalities having 1,000 or fewer population may by
28 ordinance provide for the payment of its statutory officers less frequently. None of the provisions
29 of this [act] chapter shall be [deemed to limit or restrict] considered as limiting or restricting the
30 authority to any municipality that has adopted or does adopt a charter pursuant to Utah
31 Constitution, Article XI, Section 5, [Constitution of the State of Utah,] to determine the salaries

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1 of its elective and appointive officers or employees.
2 Section 12. Section 10-3-1203 is amended to read:
3 10-3-1203. Election requirements and procedure for organization under optional
4 form of government.
5 Any municipality in the state, now incorporated, or area which may incorporate, may
6 organize under any form of municipal government provided for in this part. This organization shall
7 be by approval of a majority of registered voters of the municipality or area concerned voting in
8 a special election held for that purpose. The proposal may be entered on the ballot by resolution
9 passed by the governing body of the municipality or by initiative as provided for in Title 20A,
10 Chapter 7, Part 5, Local Initiatives - Procedures, or as provided for areas wishing to incorporate
11 pursuant to Section 10-2-101. The resolution or petition shall state the number, method of election,
12 and initial terms of council members and shall specify the boundaries of districts substantially
13 equal in population if some or all council members are to be chosen from these districts. The
14 proposal shall be voted upon at a special election to be held not more than twelve months after the
15 resolution is passed or after receipt of a valid initiative petition. The special election shall be held
16 at least ninety days before or after regular municipal elections. The ballot for the special election
17 to adopt or reject one of the forms of municipal government shall be in substantially the following
18 form:
19 ___________________________________________________________________________
20 Shall (name of municipality), Utah, adopt Yes
21 the (council-mayor) (council-manager) form of
22 municipal government? No
23 ___________________________________________________________________________
24 Section 13. Section 10-15-3 is amended to read:
25 10-15-3. Definitions.
26 [The following terms, wherever used or referred to in this act, shall have the following
27 meanings] As used in this chapter:
28 [(f)] (1) (a) "Intersection street" [shall mean] means any street which meets or crosses a
29 pedestrian mall at a mall intersection but includes only those portions thereof on either side of the
30 mall intersection which lie between the mall intersection and the first intersection of the
31 intersecting street with a public street or highway open to vehicular traffic. If any portion of a

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1 pedestrian mall terminates on a street at a place thereon other than at a place of intersection with
2 a public street or highway open to vehicular traffic, such intersecting street shall also include that
3 portion of any street which lies between such place of termination and the first intersection of such
4 street with the public street or highway open to vehicular traffic.
5 (b) "Intersecting street" [shall] also [include] includes any other street or portion [thereof]
6 of a street which the legislative body declares to be such by resolution.
7 [(b)] (2) "Legislative body" [shall mean] means the legislative body of the municipality.
8 [(e)] (3) "Mall intersection" [shall mean] means any intersection of a street constituting
9 a part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall.
10 [(a)] (4) "Municipality" [shall include] includes every city or town within this state.
11 [(d)] (5) "Pedestrian mall" [shall mean] means one or more streets or portions thereof, on
12 which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used
13 exclusively or primarily for pedestrian travel.
14 [(c)] (6) "Street" [as used herein shall mean] means any public road, street, highway, alley,
15 lane, court, way, or place of any nature open to the use of the public, excluding state highways.
16 Section 14. Section 11-14-27 is amended to read:
17 11-14-27. Application of act.
18 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,
19 11-14-15, and 11-14-18 shall apply to all bond elections and to all bonds issued by any city, town,
20 county, school district, public transit district, improvement district under Title 17A, Chapter 2, Part
21 3, special service district operating under authority of the Utah Special Service District Act, water
22 conservancy district, metropolitan water district and, except as otherwise provided in Section
23 11-14-23, by any other taxing district or governmental entity whether or not the bonds are issued
24 pursuant to authority granted by this act and, as to matters provided in Section 11-14-18, this act
25 shall apply to all bonds issued and outstanding [at the time this act takes effect] as of May 11,
26 1965, as well as to bonds issued after [this act takes effect] that date.
27 Section 15. Section 11-21-1 is amended to read:
28 11-21-1. Cities and counties to require licensing of cycles by dealers -- "Cycle"
29 defined.
30 (1) All county, city and town governments shall by ordinance or otherwise require all cycle
31 dealers operating within their jurisdiction:

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1 (a) to license, or arrange to have licensed at the time of purchase all cycles sold by them;
2 (b) to keep records on all cycles sold and to furnish, within thirty days of sale, their
3 respective city or county police departments with the following information:
4 (i) name and address of the retailer;
5 (ii) year and make of the cycle;
6 (iii) general description of the cycle;
7 (iv) frame number; and
8 (v) name and address of the purchaser;
9 (c) to not sell any cycle which does not have a serial number on its frame. Where the cycle
10 has no serial or frame numbers the dealer shall be required to stamp or have stamped on the frame
11 the number of the license to be issued for that cycle, the year in which the license was issued or
12 year of expiration of license and the abbreviation for the city or county regulating the dealer.
13 (2) As used in this section, "cycle" means a device upon which any person may ride,
14 propelled by human power through a belt, chain or gears and having one or more wheels in tandem
15 or other arrangement. Cycles with wheels of at least twenty inches in diameter and frame size of
16 at least fourteen inches shall be subject [mandatory] to this section. Others may be licensed by
17 owner upon request.
18 Section 16. Section 13-1a-6 is amended to read:
19 13-1a-6. Powers of Division of Corporations and Commercial Code -- Document
20 retention.
21 (1) The Division of Corporations and Commercial Code shall have the power and
22 authority reasonably necessary to enable it to efficiently administer the laws and rules for which
23 it is responsible and to perform the duties imposed upon it by law.
24 (2) The division has authority under Title 63, Chapter 46a, Utah Administrative
25 Rulemaking Act, to make rules and procedures for the processing, retention, and disposal of filed
26 documents to efficiently utilize electronic and computerized document image storage and retrieval.
27 (3) Notwithstanding the provisions of Section 63-2-905, original documents filed in the
28 division offices shall not be considered property of the state if electronic image reproductions
29 thereof which comply with the provisions of Title 63, Chapter [1] 2, are retained by the division.
30 Section 17. Section 13-2-3 is amended to read:
31 13-2-3. Employment of personnel -- Compensation of director.

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1 (1) The director, with the approval of the executive director, may employ personnel
2 necessary to carry out the duties and responsibilities of the division at salaries established by the
3 executive director according to standards established by the Department of Administrative
4 Services.
5 (2) The executive director shall establish the salary of the director according to standards
6 established by the Department of Administrative Services.
7 (3) The director may employ specialists, technical experts, or investigators to participate
8 or assist in investigations if they reasonably require expertise beyond that normally required for
9 division personnel.
10 (4) An investigator employed pursuant to Subsection (3) may be designated a special
11 function officer, as defined in Section 77-1a-4, by the [commissioner] director, but is not eligible
12 for retirement benefits under the Public Safety Employee's Retirement System.
13 Section 18. Section 13-5-12 is amended to read:
14 13-5-12. Sales exempt from act.
15 (1) The provisions of this [act] chapter shall not apply to any sale made:
16 (a) in closing out in good faith the owner's stock or any part thereof for the purpose of
17 discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal
18 goods, or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or
19 depreciation; provided, prior notice is given to the public thereof;
20 (b) when the goods are damaged or deteriorated in quality, and prior notice is given to the
21 public thereof;
22 (c) by an officer acting under the orders of any court;
23 (d) in an endeavor made in good faith to meet the legal prices of a competitor as herein
24 defined selling the same article, product or commodity in the same locality or trade area.
25 (e) by manufacturers, producers, brokers or wholesale distributors meeting in good faith
26 prices established by interstate competition regardless of cost; provided, such prices are available
27 to all persons buying on like terms and conditions in the same locality and vicinity.
28 (2) Any person, who performs work upon, renovates, alters or improves any personal
29 property belonging to another person, except necessary repairs due to damage in transit, shall be
30 construed to be a vendor within the meaning of this [act] chapter.
31 Section 19. Section 13-7-4 is amended to read:

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1 13-7-4. Business establishment, place of public accommodation, or enterprise
2 regulated by the state denying rights deemed public nuisance -- Investigation and
3 conciliation -- Action to enjoin -- Civil action for damages -- Expenses of defending action.
4 Any business establishment or place of public accommodation or enterprise regulated by
5 the state in which a violation of the rights provided in Section 13-7-3 of this [act] chapter occurs
6 is a public nuisance. The operator of any such business establishment or place of public
7 accommodation or enterprise regulated by the state [shall be deemed] is guilty of maintaining a
8 public nuisance and may be enjoined as hereinafter provided.
9 [(a)] (1) Upon application to the attorney general by any person denied the rights
10 guaranteed by Section 13-7-3, the attorney general shall investigate and seek to conciliate the
11 matter.
12 [(b)] (2) An action to enjoin any nuisance defined in this section may be brought in the
13 name of the state of Utah by the attorney general. Upon the trial of the cause, on finding that the
14 material allegations of the complaint are true, the court shall order such nuisance to be abated, and
15 enjoin all persons from maintaining or permitting such nuisance. When any injunction as herein
16 provided has been granted it shall be binding upon the defendant and shall act as an injunction in
17 personam against the defendant throughout the state.
18 [(c)] (3) Any person who is denied the rights provided for in Section 13-7-3 shall have a
19 civil action for damages and any other remedy available in law or equity against any person who
20 denies him the rights provided for in Section 13-7-3 or who aids, incites or conspires to bring
21 about such denial.
22 [(d)] (4) Any business establishment or place of public accommodation or enterprises
23 regulated by the state charged with maintaining a public nuisance in violation of this [act] chapter,
24 which is determined or found not to be in violation of this [act] chapter, may be awarded all actual
25 and necessary expenses incurred in defending such action, as determined and approved by the
26 court having jurisdiction of the matter.
27 Section 20. Section 16-6-76 is amended to read:
28 16-6-76. Deposits with state treasurer.
29 Upon the voluntary or involuntary dissolution of a corporation, the portion of the assets
30 distributable to any person who is unknown or cannot be found, or who is under disability and
31 there is no person legally competent to receive such distributive portion, shall be reduced to cash

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1 and deposited with the state treasurer to be held and disposed of by him in accordance with the
2 provisions of [the Uniform Disposition of] Title 67, Chapter 4a, Unclaimed Property Act.
3 Section 21. Section 16-6-108 is amended to read:
4 16-6-108. Incorporation of co-operative association.
5 (1) A co-operative association which is not subject to the insurance or credit union laws
6 of this state, a health insurance purchasing association as defined in Section [31A-33-3]
7 31A-34-103, and a health insurance purchasing alliance licensed under Title 31A, Chapter [33] 34,
8 Voluntary Health Insurance Purchasing Alliance Act, may be incorporated under this chapter and
9 may use the word "co-operative" as a part of its corporate or business name if its articles of
10 incorporation provide:
11 (a) that no member shall have more than one vote regardless of the number or amount of
12 stock or membership capital owned by him unless voting is based in whole or in part on the
13 volume of patronage of the member with the co-operative association; and
14 (b) that savings in excess of dividends and additions to reserves and surplus shall be
15 distributed or allocated to members or patrons on the basis of patronage.
16 (2) Any [such] co-operative association incorporated in accordance with Subsection (1)
17 shall have all the rights and be subject to the limitations provided in Section 3-1-11, [Utah Code
18 Annotated 1953,] and may pay dividends on its stock, if it has stock, subject to the limitations of
19 such section. The articles of incorporation or the bylaws of any such co-operative association may
20 provide for the establishment and alteration of voting districts, the election of delegates to
21 represent such districts and the members thereof, the establishment and alteration of director
22 districts and the election of directors to represent such districts either by the members thereof or
23 by delegates elected by the members.
24 (3) A corporation organized under the Uniform Agricultural Co-operative Association Act
25 may convert itself into a co-operative association subject to this [act] chapter by adopting
26 appropriate amendments to its articles of incorporation by which it elects to become subject to this
27 [act] chapter, together with other changes in its articles required by this [act] chapter and any other
28 changes permitted by this [act] chapter. Such amendments shall be adopted and filed in the manner
29 provided by the law then applicable to the corporation.
30 [(2)] (4) Notwithstanding Subsection (1), a health insurance purchasing association may
31 not use the word "co-operative" or "alliance" but may use the word "association."

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1 Section 22. Section 17A-2-526 is amended to read:
2 17A-2-526. Sale of lands sold for taxes.
3 At any time after any tax sale of unentered or unsold state lands has been made in the
4 manner and for the purpose herein mentioned for drainage taxes and the time for redemption from
5 such sale has expired and an auditor's tax deed has been issued for any such lands the holder of
6 such tax deed may apply to the state land commissioner or other proper officer of the state for the
7 purchase of the land embraced in said tax deed whereupon the state land commissioner or other
8 proper officer of the state shall offer said land for sale at public auction, after [notice]
9 advertisement of the sale is given as provided in Section [65A-7-4] 53C-4-102, subject to said
10 drainage district taxes, penalties and costs; provided however that after any such land shall remain
11 unsold, the state land commissioner or other proper officer of the state shall sell or contract to sell
12 as provided by law, said land at private sale to the holder of such tax deed at the minimum price
13 at which such lands may be sold under the laws of this state.
14 Section 23. Section 17A-2-719 is amended to read:
15 17A-2-719. Duty of county assessors -- Basis of valuation -- Uniformity -- Returns
16 -- Apportionment in case of contracts with United States.
17 It shall be the duty of the county assessor of any county embracing the whole or a part of
18 any irrigation district to assess and enter upon his record as assessor in its appropriate column the
19 assessment of all real estate, to which water has been allotted, exclusive of improvements, situate,
20 lying and being within any irrigation district in whole or in part in such county. The assessor shall
21 assess the lands on the basis of the value per acre-foot of water allotted to the lands within the
22 district; provided, that the board of directors of any such irrigation district may divide the district
23 into units and fix a different value per acre-foot of water, or other units of measurement, to cover
24 the service, turnout, construction, distribution charges, or other charges, if any, in the respective
25 units, and in such case, the assessor shall assess the lands within each such unit upon the same
26 basis of value per acre-foot of water, or other units of measurement, to cover the service, turnout,
27 construction, distribution charges, or other charges, if any, within such unit; and the assessor shall
28 enter on his assessment roll the amount of special benefits assessed against each tract of land
29 within any local improvement district situate in the irrigation district as the same is shown on the
30 equalized benefit assessment roll of said improvement district. Immediately after said assessment
31 shall have been extended as provided by law, the assessor shall make returns of the total amount

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1 of such assessment to the county legislative body of the county in which the office of said district
2 is located.
3 In case of contract with the United States, however, under the federal laws, the assessment
4 of real estate within the district may be otherwise apportioned in the following manner:
5 (1) It may be provided by contract with the United States that assessments shall conform
6 to the requirements of the federal reclamation laws now enacted or which may hereafter be
7 enacted.
8 (2) It may be provided by contract with the United States that water shall be furnished to
9 the district, or to part of the irrigable lands thereof, upon a temporary rental basis, whereupon lands
10 of the district for which rental charges for any given year are not required to be paid to the United
11 States by the district shall not be taxed for such purposes.
12 (3) District lands shall not be taxed for purposes of payment to the United States in any
13 year when, and to the extent, on account of exceptional difficulties of reclamation, the district shall
14 be exempted by contract with the United States from said payment to the United States for such
15 lands.
16 (4) The lands of any irrigation district may be by contract with the United States, divided
17 into units and placed upon a basis of repayment to the United States in successive units, which
18 shall not necessarily be composed of contiguous lands, and in such event the lands of units not yet,
19 in any year, placed upon the repayment basis shall not during such year be subject to taxation for
20 payment of building costs.
21 (5) In case lands, which shall have been irrigated by means of ditches, canals and
22 reservoirs constructed prior to the organization of any district shall be included within such district
23 under the terms of Section 17A-2-701, equitable credit shall be given in the making of assessments
24 for any water and ditch rights appurtenant to such lands, such adjustment shall be made by the
25 board of directors of such irrigation district, which adjustment shall be equitably made so that the
26 cost of the additional rights, property, or benefits acquired by the district under contract from the
27 United States will be fairly and equitably apportioned between the lands having rights in such old
28 ditches, reservoirs or other works, and the lands of the district having no such rights, and due and
29 equitable allowance made to the lands to which any such rights may be appurtenant; provided, that
30 before making any such adjustment or allowance, the board of directors shall publish notice for
31 a period of at least three weeks in a newspaper published in the county in which the greater portion

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1 of the irrigable lands of the district are located or if there be no such newspaper published in such
2 county, then in some newspaper of general circulation in that county, which notice shall state that
3 a meeting of the board will be held for the purpose of making such adjustment and allowance, and
4 that all parties interested therein who desire to be heard on the matter will be given an opportunity
5 to appear and present evidence, and such notice shall state the date, the day and hour that such
6 meeting will be held and the place of meeting, and at the date and place provided in the notice the
7 board shall proceed to hear such evidence, if any be presented, and to make such adjustment or
8 allowance in the manner herein prescribed. After such adjustment and allowance by the board of
9 directors, the board shall proceed in the manner prescribed in Sections 17A-2-749, 17A-2-750,
10 17A-2-751, 17A-2-752, and 17A-2-753 to have such adjustment and allowance duly confirmed
11 by decree of court in similar manner to that provided in said sections with reference to
12 confirmation of the bond issue, and the court shall proceed in like manner as provided in said
13 Sections 17A-2-749, 17A-2-750, 17A-2-751, 17A-2-752, and 17A-2-753 to examine into the
14 regularity of said proceedings of the board and the equity of the adjustment or allowance made by
15 the board, and should the court find said proceedings regular and said allowance or adjustment
16 equitable, then the court shall file its findings and decree confirming the said allowance and
17 adjustment, but if the court shall find that such allowance and adjustment is not equitable, then the
18 court shall itself make an allowance and adjustment which shall be just and equitable as between
19 the various classes of lands in the district, and shall file a decree, confirming such apportionment
20 in like manner and with like effect as the findings and decree provided for in said Section
21 [73-7-53] 17A-2-753, provided, that in no case shall any land be taxed for irrigation purposes
22 under this part, which from any natural cause cannot be irrigated, or is incapable of cultivation.
23 Section 24. Section 17A-2-819 is amended to read:
24 17A-2-819. Directors -- Representation -- Voting -- Organization and membership
25 -- Terms.
26 (1) All powers, privileges and duties vested in or imposed upon any district incorporated
27 under this part shall be exercised and performed by and through a board of directors, all the
28 members of which shall serve without compensation for the terms of office as provided and who,
29 in all events, shall be designated and appointed by the legislative body or bodies, respectively, of
30 a city or cities the area of which is within a metropolitan water district. The exercise of any and
31 all executive, administrative, and ministerial powers may be by the board of directors delegated

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1 and redelegated to any of the offices created by this part or by the board of directors acting under
2 this part.
3 (2) If the district is organized to comprise the area of two or more cities, the board of
4 directors shall consist of at least one representative from each municipality, the area of which shall
5 lie within the metropolitan water district. As a member of the board of directors, each
6 representative may vote on all questions, orders, resolutions, and ordinances coming before the
7 board, and may cast one vote for each $10,000,000, or major fractional part of that amount, of the
8 taxable value of property taxable for district purposes in the city represented by the representative
9 as shown by the assessment records of the county and evidenced by the certificate of the county
10 auditor. Each city shall have at least one vote. In lieu of one representative any city may at its
11 option designate and appoint several representatives not exceeding one additional representative
12 for each $1,000,000 of taxable value, but the representative shall cast the vote to which the city
13 would otherwise be entitled as a unit and as a majority of such representatives present shall
14 determine. The affirmative vote of members representing more than 50% of the total number of
15 votes of all the members shall be necessary and, except as otherwise provided, shall be sufficient
16 to carry any order, resolution, or ordinance coming before the board of directors. For the purposes
17 of this section, the term "major fractional part" means a fractional part larger than one-half.
18 (3) If a district includes the area of only one municipality, the board of directors may
19 consist of either five or seven members, as determined by the legislative body of the municipality.
20 Each director may cast one vote on all matters coming before the board; on a board of five
21 members, the affirmative vote of three, and on a board of seven members, the affirmative vote of
22 four, shall, except as otherwise provided, be necessary and sufficient to carry any order, resolution,
23 or ordinance coming before the board.
24 (4) Members of the board of directors of any metropolitan water district who have been
25 appointed as provided shall convene at the time and place fixed by the presiding officer of the
26 municipality initiating the proceedings, and immediately upon convening, the board of directors
27 shall elect from its membership a chairman, a vice-chairman, and a secretary, who shall serve for
28 a period of two years, or until sooner recalled or resigning, or until a successor is elected and
29 qualified.
30 (5) Every member of the board of directors of a metropolitan water district shall be a
31 registered voter, a property taxpayer, and a resident of the municipality by the legislative body of

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1 which the member is appointed. In each municipality, the area of which is in a metropolitan water
2 district, except in districts occupying the area of more than one city, one of the directors appointed
3 by its legislative body to the board of directors shall be the commissioner of water supply and
4 waterworks, or other comparable officer, however designated, who is in charge of the
5 municipality's water supply and distribution system, if municipally owned, and who shall be
6 known as the ex officio director. Except for the ex officio director, all other elected or appointed
7 officers, or the employees of the municipality shall be ineligible for appointment to any district
8 board; and except for the ex officio director, any member of the metropolitan water district board
9 of directors who at a time after appointment to the board becomes elected or appointed to office
10 in, or who becomes an employee of, the municipality in which the member resides shall
11 immediately become disqualified as a director and shall forfeit the office, and the legislative body
12 of the municipality shall immediately appoint a successor to serve the unexpired portion of the
13 term of office. The appointment of directors by the legislative body of a municipality shall be
14 made without regard to partisan political affiliations from among citizens of the highest integrity,
15 attainment, competence, and standing in the community, and it is the intent of this part that each
16 municipality shall adhere so far as possible to a policy of continuing reappointment, at the
17 expiration of their terms of office, of directors of high character and proven competence.
18 (6) Except as to an ex officio director, the terms of office of members of the board of
19 directors are as follows:
20 (a) in metropolitan water districts comprising the area of two or more cities, six years;
21 (b) in metropolitan water districts comprising the area of only one city where the number
22 of members of the board of directors is five, one member shall be appointed for a two-year term;
23 one for a three-year term; one for a five-year term; one for a six-year term all as determined by lot;
24 and upon the expiration of these terms, the ensuing terms of office for each shall be six years; and
25 (c) in metropolitan water districts comprising the area of only one city where the number
26 of members of the board of directors is seven, two members shall be appointed for a two-year
27 term; two for a four-year term and two for a six-year term, all as determined by lot; and upon the
28 expiration of these terms, the ensuing terms of office for each shall be six years.
29 (7) Every member of a board of directors shall serve until the member resigns or until a
30 successor has been duly appointed and qualified[, or until recalled as provided in Section
31 17A-2-844; and before]. Before assuming office, every director, other than an ex officio director,

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1 shall first subscribe to the constitutional oath of office of the state, and the oath shall be delivered
2 to and retained among the records of the secretary of the district.
3 (8) Members of the board of directors of any metropolitan water district who are serving
4 as such on the effective date of this amendment and who are otherwise qualified as provided in
5 Subsection (5), shall immediately be reappointed to office by the legislative body or bodies,
6 respectively, of the city or cities the area of which is included in a metropolitan water district, and
7 for the terms of office provided in Subsection (6).
8 Section 25. Section 17A-2-1232 is amended to read:
9 17A-2-1232. Bonds as indebtedness -- Exemption from taxes.
10 Bonds issued under Sections [17A-1-1231] 17A-2-1231 through 17A-2-1246 shall not
11 constitute an indebtedness within the meaning of any statutory debt limitation or restriction, shall
12 constitute an indebtedness only to the extent required by the Utah Constitution and shall not be
13 subject to the provisions of any other law or charter relating to the authorization, issuance or sale
14 of bonds. Bonds issued under the provisions of this part are declared to be issued for an essential
15 public and governmental purpose and, together with interest thereon and income therefrom, shall
16 be exempted from all taxes.
17 Section 26. Section 17A-2-1404 is amended to read:
18 17A-2-1404. Establishment of district -- Petition -- Effect of defects.
19 (1) Before any water conservancy district is established under this part, a petition must be
20 filed in the clerk's office of the court vested with jurisdiction in a county in which all or part of the
21 lands within the proposed water conservancy district are situated.
22 (2) (a) [Except as provided in Section 17A-2-1404.5, a] A petition for the establishment
23 of a water conservancy district situated in a single county must be signed by the following number
24 of owners of land within the county and within the proposed district:
25 (i) not fewer than 20% of the owners of land outside the limits of any incorporated city or
26 town; and
27 (ii) not fewer than 5% of the owners of land within the limits of each incorporated city or
28 town.
29 (3) [Except as provided in Section 17A-2-1404.5, a] A petition for the establishment of
30 a water conservancy district situated in more than one county must be signed by the following
31 number of owners of land within each county and within the proposed district:

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1 (a) not fewer than 10%, or 500, whichever is less, of the owners of land outside the limits
2 of any incorporated city or town; and
3 (b) not fewer than 5% of the owners of land within the limits of each incorporated city or
4 town.
5 (4) The property identification number of each tract of land that is owned by a petitioner
6 and is within the proposed water conservancy district must be listed opposite the petitioner's name.
7 (5) (a) If a petitioner signs a petition, both as owner of land situated within and outside a
8 municipality, the petitioner's name shall be counted only as an owner of land situated outside a
9 municipality.
10 (b) A signing petitioner[, or a person considered to have signed under Section
11 17A-2-1404.5,] is not permitted to withdraw his name after the petition is filed.
12 (6) A district may not be formed under this part unless the taxable value of land within the
13 proposed district, together with improvements on the land, exceeds $500,000.
14 (7) The petition shall set forth:
15 (a) the proposed name of the district;
16 (b) that property within the proposed district will be benefited by the accomplishment of
17 the purposes enumerated in Section 17A-2-1403;
18 (c) a general description of the purpose of the contemplated improvement and of the
19 territory to be included in the proposed district;
20 (d) a general designation of the district's divisions and the number of directors proposed
21 for each division; and
22 (e) a request to organize the district by the name proposed.
23 (8) The description of a water conservancy district's territory, as set forth in the petition,
24 need not be given by metes and bounds or by legal subdivisions, but it must be sufficiently detailed
25 to enable a property owner to ascertain whether his property is within the territory proposed to be
26 organized as a district.
27 (9) The territory of a proposed water conservancy district:
28 (a) may include area within an existing water conservancy district; and
29 (b) need not be contiguous, provided it is so situated that the organization of a single
30 district for the territory described is calculated to promote one or more of the purposes enumerated
31 in Section 17A-2-1403.

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1 (10) (a) No petition with the requisite signatures may be declared void because of alleged
2 defects, but the court may permit the petition to be amended to conform to the facts by correcting
3 any errors in the description of the territory or other errors.
4 (b) Similar petitions or multiple copies of the same petition:
5 (i) may be filed and together shall be regarded as one petition; and
6 (ii) if filed prior to the hearing on the first petition, shall be considered by the court to be
7 filed with the first petition.
8 (11) In determining whether the requisite number of landowners have signed or are
9 considered to have signed the petition, the court shall be governed by the names as they appear
10 upon the tax roll, which is prima facie evidence of land ownership.
11 Section 27. Section 20A-2-204 is amended to read:
12 20A-2-204. Registering to vote when applying for or renewing a driver license.
13 (1) As used in this section, "voter registration form" means the driver license
14 application/voter registration form and the driver license renewal/voter registration form required
15 by Section [20A-2-106] 20A-2-108.
16 (2) Any citizen who is qualified to vote may register to vote by completing the voter
17 registration form.
18 (3) The Driver License Division shall:
19 (a) assist applicants in completing the voter registration form unless the applicant refuses
20 assistance;
21 (b) accept completed forms for transmittal to the appropriate election official;
22 (c) transmit a copy of each voter registration form to the appropriate election official
23 within five days after it is received by the division; and
24 (d) transmit each address change within five days after it is received by the division.
25 (4) Upon receipt of a correctly completed voter registration form, the county clerk shall:
26 (a) enter the applicant's name on the list of registered voters for the voting precinct in
27 which the applicant resides; and
28 (b) notify the applicant of registration.
29 (5) (a) If the county clerk receives a correctly completed voter registration form that is
30 dated less than 20 days before an election, the county clerk shall:
31 (i) register the applicant after the next election; and

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1 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
2 informing the applicant that his registration will not be effective until after the election.
3 (b) When the county clerk receives any voter registration forms at least seven days before
4 an election that are dated at least 20 days before the election, the county clerk shall:
5 (i) process the voter registration forms; and
6 (ii) record the new voters in the official register and posting list.
7 (6) If the county clerk determines that a voter registration form received from the Driver
8 License Division is incorrect because of an error or because it is incomplete, the county clerk shall
9 mail notice to the person attempting to register, informing him that he has not been registered
10 because of an error or because the form is incomplete.
11 Section 28. Section 20A-14-102 is amended to read:
12 20A-14-102. State Board of Education districts -- Definitions -- Procedure if parts
13 of the state are omitted.
14 (1) The Legislature adopts the official census population figures and maps of the Bureau
15 of the Census of the United States Department of Commerce developed in connection with the
16 taking of the 1990 national decennial census as the official data for the districting plan established
17 for the State Board of Education.
18 (2) As used in this section:
19 (a) "Block" means the smallest geographical unit for which the population was ascertained
20 by the Bureau of Census and shown on its official maps.
21 (b) "Census tract" means a combination of blocks which are shown and numbered on the
22 official census bureau maps.
23 (3) (a) (i) If any area of the state is omitted from the plan established in this section,
24 inadvertently or because of the complexity of the census bureau information supplied to the
25 Legislature, the county clerk of the affected county, upon discovery of the omission, shall attach
26 the area to the appropriate board district according to Subsections (ii) and (iii).
27 (ii) If the area is surrounded by a board district, the area shall be attached to that district.
28 (iii) If the area is contiguous to two districts, the area shall be attached to the district that
29 has the least population.
30 (b) Any attachment made under this section shall be certified in writing and filed with the
31 lieutenant governor.

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1 (4) In questions of interpretation of district boundaries described in this section, the official
2 maps on file in the lieutenant governor's office shall serve as the indication of the legislative intent
3 in drawing the board district boundaries.
4 (5) Following enactment of the State Board of Education districting plan under this
5 section, the Legislature shall file with the lieutenant governor's office official maps which
6 accurately show the boundaries of the board districts as established in this section.
7 (6) Each county clerk shall:
8 (a) obtain copies of the official maps for the clerk's county from the lieutenant governor's
9 office; and
10 (b) establish the voting [districts] precincts within each of the board districts as required
11 by Section [17-5-212] 20A-5-303.
12 (7) The First State Board of Education District consists of Beaver, Garfield, Iron, Kane,
13 Millard, Piute, Washington, Sevier, and Wayne Counties.
14 (8) The Second State Board of Education District consists of Morgan, Carbon, Daggett,
15 Duchesne, Grand, San Juan, Summit, Uintah, and Wasatch Counties and the following Utah
16 County Census Districts: Census Tract 0027, Blocks 201A, 201B, 201C, 202A, 202B, 203, 204,
17 205C, and 216B; Census Tract 0034, Blocks 101B, 301B, 301C, and 304; Census Tract 010298,
18 Blocks 294E, 294N, 294P, 296, and 297; Census Tract 010302, Blocks 101, 102, 103, 104, 105,
19 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 120,
20 121, 122, 123, 124, 125A, 125C, 126, 127, 128, 129, 130, 131, 132A, 132B, 133, 134, 135, 136,
21 137, 138F, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156,
22 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175,
23 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194,
24 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
25 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235,
26 236, 237, 238B, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255,
27 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274,
28 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293,
29 294, 295, 296, 297, and 601; Census Tract 0104, Blocks 137A, 137B, 156B, 157, 158, 159, 160,
30 161A, 161B, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201A,
31 201B, 202A, 202B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217,

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1 218A, 218B, 218C, 219A, 219B, 219C, 220, 221, 222A, 222B, 222C, 223, 224A, 224B, 224C,
2 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231A, 231B, 301, 302, 303A, 303B, 304, 305, 306,
3 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320A, 320B, 321, 322,
4 323, 324, 325, 326, 327, 328, 329A, 329B, 330A, 330B, 330C, 331, 332, 333A, 333B, 334, 335,
5 336, 337, 338, 339, 340, 341A, 341B, 342, 343, 344, 345, 351, 352, 353, 354, 402B, 403B, 403D,
6 403E, 406, 407, 408, 409, 410, 411, 412, 413B, 414, 415K, 426B, 427, 428B, 444A, 444C, 445,
7 446, 448, 472A, 472B, 473, 474, 475A, 475B, 475C, 475D, 475E, 475F, 476, 477, 478, 479, 480,
8 481A, 481B, 482, 483, 484, 485, 486, 487, 488, 489, 490A, 490B, 491, 492, 493, 494, 495A,
9 495B, 496, and 497; Census Tract 0105, Blocks 275, 276, 277, 279, 280, 281, 282, 283, 284, 285,
10 286, 288, 289, 290, 291, 292, 293, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309A,
11 309B, 309C, 309D, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317,
12 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336,
13 337, 338, 339, 340, 341, 401, 402, 403, 404, 405, 406, 407, 408A, 408B, 409A, 409B, 410, 411,
14 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B, 421A, 421B, 422, 423, 424, 425A, 425B,
15 426, 427, 428, 429, 430, 431, 432, 433, 434, 435A, 435B, 436, 437, 438, 439, 440, 441, 442,
16 443A, 443B, 444, 445, 446A, 446B, and 447; and Census Tract 0106, Blocks 121B, 131D, 132,
17 and 133.
18 (9) The Third State Board of Education District consists of Emery, Juab, Sanpete, and
19 Tooele Counties, and the following Utah County Census Districts: Census Tracts 0029, 0030,
20 0031, 0032, 0033, and 010301; Census Tract 0022, Blocks 203, 207, 213, 214A, 214B, 301A,
21 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314, 315, 316, 401, 402, 403,
22 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B, and
23 421; Census Tract 0023, Blocks 222 and 228; Census Tract 0027, Blocks 106, 109, 113, 115, 116,
24 117, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 301, 302, 310, 311,
25 312, 313, 314, 315, 316, and 317; Census Tract 0028, Blocks 101, 102, 103, 104, 107, 108, 109,
26 110, 111, 112, 113, 114, 115, 116, 201A, 201B, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213,
27 214, 215, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308A, 308B, 309A, 309B, 310,
28 311A, 311B, 311C, 312, 313, 314, 315A, 315B, 315C, 315D, 316A, 316B, 317, 318, 319A, 319B,
29 320, 321, 322A, 322B, 323A, 323B, 324, 325A, 325B, 325C, 326, 327, 328, 329, 330A, 330B,
30 330C, 331A, 331B, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, and 342; Census
31 Tract 0034, Blocks 101A, 102A, 102B, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112,

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1 113, 114, 115, 116, 117, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
2 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232,
3 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 301A, 302, 303, 305, 306, 307, 308, 309,
4 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328,
5 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347,
6 348, 349, 350, 351, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
7 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431,
8 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445A, 445B, 445C, 446A, 446B,
9 447A, 447B, 448, 449A, 449B, 450, 451, 452, 453A, 453B, 454, 455, 501, 502, 503, 504, 505,
10 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521A, 521B, 522A,
11 522B, 523, 524, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616,
12 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629A, 629B, 630A, 630B, 630C, 631,
13 632, 633, 634, 635, 636, 637A, and 637B; Census Tract 0101, Blocks 217A, 220A, 221, 223, 224,
14 225A, 225B, 226, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238A, 238B,
15 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 251C, 252, 253, 254,
16 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273,
17 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, and 297; Census Tract 010302, Blocks
18 125B, 138A, 138B, 138C, 138D, 138E, 139, 140A, 238A, and 240; Census Tract 0104, Blocks
19 101, 102A, 102B, 103A, 103B, 104, 105A, 105B, 106, 107, 108A, 108B, 109A, 109B, 110, 111A,
20 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129,
21 130, 131, 132, 133, 134, 135, 136, 138, 139, 140, 141A, 141B, 141C, 141D, 142A, 142B, 142C,
22 143A, 143B, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 154C, 155, 156A,
23 177, 178, 179, 346, 347A, 347B, 348, 349, 350, 355, 356, 401A, 401B, 402A, 402C, 403A, 403C,
24 404, 405, 413A, 415A, 415B, 415C, 415D, 415E, 415F, 415G, 415H, 415J, 415L, 415M, 416,
25 417, 418, 419, 420, 421, 422A, 422B, 423A, 423B, 423C, 423D, 424A, 424B, 424C, 425, 426A,
26 426C, 428A, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444B,
27 447A, 447B, 449, 450, 451A, 451B, 452, 453A, 453B, 454A, 454B, 455, 456, 457, 458, 459, 460,
28 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, and 471; Census Tract 0105, Blocks 101A,
29 101B, 101C, 101D, 101E, 102A, 102B, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 110A,
30 110B, 110C, 111A, 111B, 111C, 112A, 112B, 113, 114A, 114B, 115A, 115B, 115C, 115D, 116A,
31 116B, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131,

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1 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150,
2 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168,
3 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187,
4 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209,
5 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
6 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244A, 244B,
7 245, 246A, 246B, 247A, 247B, 248, 249A, 249B, 249C, 250, 251, 252A, 252B, 253A, 253B, 254,
8 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264, 265, 266, 267A, 267B, 268, 269, 270,
9 271, 272, 273, 274, 278, 287, 294, 295, 296, and 297; and Census Tract 0106, Blocks 101A, 101B,
10 101C, 101D, 101E, 101F, 101G, 102A, 102B, 103A, 103B, 103C, 103D, 104, 105, 106A, 106B,
11 106C, 106D, 107A, 107B, 107C, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 117, 118A,
12 118B, 119A, 119B, 120, 121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 131C,
13 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151,
14 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170,
15 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189,
16 190, 191, 192, 193, 194, 195, 196, 197, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207A,
17 207B, 208, 209, 210, 211, 212A, 212B, 212C, 213, 214, 215, 216, 217, 218A, 218B, 219, 220,
18 221A, 221B, 222, 223, 224, 225, 226, 227, 228, 229, and 230.
19 (10) The Fourth State Board of Education District consists of Box Elder, Cache, and Rich
20 Counties, and the following Weber County Census Districts: Census Tract 2101, Blocks 101, 102,
21 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121,
22 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133A, 133B, 134, 135, 136, 137,
23 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156,
24 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175,
25 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194,
26 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
27 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225A, 225B, 226, 227, 228A, 228B, 229, 230,
28 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 241C, 242, 243, 244, 245, 246A,
29 246B, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259, 260, 261, 262,
30 263, 264, 265, 266, 267, 268, 269A, 269B, 270A, 270B, 271, 272, 273, 274, 275, 301, 302, 303,
31 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322,

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1 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334A, 334B, 335, 336, 337, 338, 339, 340,
2 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359,
3 360A, 360B, 361, 362, 363A, 363B, 364B, 364C, 365, 366, 367, 368, 369, 370, 371, 372, 373,
4 374, 375, 376, 377, 378, 379A, 381A, 381B, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391,
5 392, 393, 394, 395, 396, and 397.
6 (11) The Fifth State Board of Education District consists of the following Weber County
7 Census Districts: Census Tracts 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2011,
8 2012, 2013, 2014, 2017, 2018, 210201, 210202, 210301, 210302, 2104, 210503, 210504, 210505,
9 210701, and 210702; Census Tract 2015, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
10 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215,
11 216, 217, 218, 221, 222, and 223; Census Tract 2016, Blocks 101, 102, 103, 104, 105, 106, 107,
12 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, and 209; Census Tract 2019,
13 Blocks 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 105, 106, 107A, 107B, 107C,
14 108, 109A, 109B, 109C, 109D, 109E, 109F, 109G, 109H, 109J, 110, 111A, 111B, 112A, 112B,
15 113, 114A, 114B, 115, 116, 117, 118, 119A, 120, 121A, 122, 201A, 201B, 202A, 202B, 202C,
16 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221,
17 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240,
18 241, 242, and 243; Census Tract 2101, Blocks 364A, 379B, 380A, and 380B; Census Tract
19 210501, Blocks 101A, 101C, 102A, 103A, 104A, 109A, 113A, 113B, 113D, 401A, 401C, 401D,
20 402, 403B, 404B, 412, 413, 414, 415, 416, 417, and 601A; Census Tract 2106, Blocks 101, 102,
21 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121,
22 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 301B, 302, 303, 304, 305, 308, 401, 402, 403,
23 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 601, 602, 603A,
24 603B, 604, 605, 606, 607, 608, and 609.
25 (12) The Sixth State Board of Education District consists of the following Davis County
26 Census Districts: Census Tracts 1252, 125301, 125302, 125401, 125402, 1255, 1256, 1257,
27 125801, 125802, 125804, and 125904; Census Tract 125903, Blocks 101, 102B, 103, 201, 202,
28 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303,
29 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, and 402; Census Tract 1260, Blocks 101,
30 102, 103, 104, 105, 106, 107, 108, 121, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209,
31 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302A, 302B, 302C, 302D, 302E, 302F, 302G,

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1 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403,
2 404A, 404B, 405, 406, 407, 412, 413, 414, 501A, and 501B; and the following Weber County
3 Census Districts: Census Tracts 2020, 2108, 2109, 2110, 2111, 211201, and 211202; Census Tract
4 2015, Blocks 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 315, 316,
5 317, 321, 323, 324, and 325; Census Tract 2016, Blocks 301, 302, 303, 304, 305, 306, 307, 308,
6 309, 310, 311, 401, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 410, and 411; Census Tract
7 2019, Blocks 119B and 121B; Census Tract 210501, Blocks 101B, 102B, 103B, 103C, 104B,
8 104C, 105A, 105B, 105C, 105D, 106, 107A, 107B, 108, 109B, 110, 111, 112, 113C, 201, 202A,
9 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
10 219, 220A, 220B, 221, 235, 238, 301, 302, 303, 304A, 304B, 305A, 305B, 305C, 306A, 306B,
11 307, 308, 309, 310, 311, 401B, 403A, 404A, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503,
12 504, 505, 506, 507, 508, 601B, 602, 603, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612,
13 613, 901A, 901B, 902, 903A, and 903B; and Census Tract 2106, Block 301A.
14 (13) The Seventh State Board of Education District consists of the following Davis County
15 Census Districts: Census Tracts 125101, 125102, 126101, 126102, 126103, 126104, 126201,
16 126202, 1263, 126301, 126302, 126401, 126402, 1265, 1266, 1267, 126801, 126802, 126901,
17 126902, 127001, and 127002; Census Tract 125903, Blocks 102A, 102C, 104, 105, 106, 107, 108,
18 109, 110, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 118C, 119, 120, 121A, 121B, 401,
19 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 411A, 411B, 412A, 412B, 412C, 412D, 412E,
20 413, 414, 415, 416, 417A, 417B, 418A, 418B, 418C, 418D, 418E, 418F, 418G, 418H, 419A,
21 419B, 420, 501, 502, 503, 504, 505, 506, 507, 508A, 508B, 508C, 509, 510, 511, 512, 513, 514A,
22 514B, 514C, 515A, 515B, 516A, 516B, 517A, 517B, 518, 519, 520, 521, 522, 523A, 523B, 523C,
23 and 523D; and Census Tract 1260, Blocks 109, 110, 111, 319, 320, 321, 322, 323, 324, 325, 326,
24 327, 328, 329, 330, 331, 332, 333, 334, 335, 408, 409A, 409B, 410, 411, 415, 416, 502A, 502B,
25 502C, 503A, 503B, 503C, 504, 505A, 505B, 506, 507A, 507B, 508, 509A, 509B, 510, 511A, and
26 511B.
27 (14) The Eighth State Board of Education District consists of the following Salt Lake
28 County Census Districts: Census Tracts 1001, 1002, 1007, 1008, 1009, 1010, 1011, 1012, 1013,
29 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1029, 1030,
30 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, and 1041; Census Tract 1004,
31 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119,

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1 and 120; Census Tract 1005, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
2 113, 117, 118, 201, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, and 216; Census
3 Tract 1006, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203,
4 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506, 507,
5 508, and 509; Census Tract 1028, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
6 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 501, 502, 503, 504, 505, 506,
7 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517A, 517B, 518, 519, 520, 521, 522A, 524A,
8 and 525; Census Tract 1042, Blocks 101A, 101B, 102A, 102B, 102C, 102D, 102F, 102G, 104,
9 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303,
10 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409,
11 410, 411, 412, 413, 414, 415, 501, 502, 503, 504, and 505; Census Tract 1043, Blocks 101, 102,
12 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, and 113; Census Tract 110103, Blocks 101,
13 102A, 102B, 102C, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
14 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135,
15 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,
16 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 201, 202, 203, 204, 205, 206, 207,
17 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 240, 241, 242, and
18 243; and Census Tract 110104, Blocks 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512,
19 513, 514, 515, 516, and 517.
20 (15) The Ninth State Board of Education District consists of the following Salt Lake
21 County Census Districts: Census Tracts 100302, 100303, 100304, 1027, 113304, 113306, 113307,
22 113308, 113402, 113403, 113405, 113406, 113407, 113408, 113409, 113509, 113516, 113901,
23 113903, 113904, and 113905; Census Tract 1004, Blocks 112, 201, 202, 203, 204, 205, 206, 207,
24 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226,
25 227, 228, 229, and 230; Census Tract 1005, Blocks 114, 115, 116, 208, 209, 301, 302, 303, 304,
26 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, and
27 412; Census Tract 1006, Blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313,
28 314, 315, 401, 402, and 403; Census Tract 1028, Blocks 201, 202, 203, 204, 205, 206, 207, 208,
29 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303,
30 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322,
31 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417,

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1 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, and 436;
2 Census Tract 1131, Blocks 302A, 302B, 302C, 302D, 303A, 303B, 303C, 304, 305, 306, 307, 308,
3 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317, 318A, 318B, 321A, 321B, 322A, 322B, 323,
4 324, 325C, 325D, 325F, 325G, 326C, 326D, 326F, 327, 328, 329, 330, 331A, 331B, 332B, 333C,
5 333D, 333E, 334, 335, 336, 337, 338B, 339E, 339G, 340B, 340C, 341, 342, 401A, 401B, 402A,
6 402B, 403, 404A, 404B, 404C, 405A, 405B, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414,
7 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 428, 429, 430, 431, 432,
8 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451,
9 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470,
10 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488A, 489,
11 490, 491, 492, 493, 494, 495, and 511A; Census Tract 113305, Blocks 101, 102, 103, 104, 105,
12 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201B,
13 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220,
14 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
15 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, and 412; and Census Tract
16 113518, Blocks 105D, 105E, 106, 107, 108, 109A, 109B, 110A, 110B, 111, 112, 113, 114, 115A,
17 115B, 116, 117, 118, 119, 120, 121, 122, 123C, 134C, 134D, 135B, 135C, 135D, 136, 137A,
18 137B, and 138.
19 (16) The Tenth State Board of Education District consists of the following Salt Lake
20 County Census Districts: Census Tracts 112904, 112905, 113505, 113510, 113511, 113512,
21 113513, 113514, 113517, 113519, 113520, 113521, 113522, 113523, 1136, 1137, 113801,
22 113802, and 113803; Census Tract 112907, Blocks 101A, 101B, 102, 103, 104, 105A, 105B,
23 105C, 105D, 105E, 105F, 106, 107, 108, 201A, 201B, 201C, 201D, 201E, 202A, 202B, 202C,
24 203, 204, and 205; Census Tract 112908, Blocks 101, 102, 103, 104A, 104B, 104C, 104D, 104E,
25 104F, 104G, 105A, 105B, 105C, 105D, 105E, 106, 201A, 201B, 201C, 201D, 201E, 201F, 202,
26 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 303A, and 303B; Census Tract 113515, Blocks
27 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205,
28 206, 207, 208, 209, 210, 211, 212, 303B, 304, 305, 308, 309, and 310; Census Tract 113518,
29 Blocks 101A, 101B, 102A, 102B, 102C, 103, 104, 105A, 105B, 105C, 123A, 123B, 124, 125, 126,
30 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 139, 201, 202, 203, 204, 205, 206, 207,
31 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309,

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1 310, 311, 312, 313, 314, 401, 402, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 411, and 412;
2 and Census Tract 113524, Blocks 102, 103, 104, 105, 106, 201, 202, 203, 204, 301, 302, 303, 304,
3 305, 306, 307, 308, 309, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414,
4 415, 416, 417, 418, 419, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514,
5 515, 516, 517, 518, 519, and 520.
6 (17) The Eleventh State Board of Education District consists of the following Salt Lake
7 County Census Districts: Census Tracts 112602, 112604, 112605, 112608, 112609, 112802,
8 112804, 112805, 112806, 112906, and 112909; Census Tract 110102, Blocks 106, 107, 108, 109,
9 110, 111, 112, 113, 114, 115, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308,
10 309, 310, 311A, 311B, 312A, 312B, 313A, 313B, 314A, 314B, 315, 316, 317, 318, 319, 320A,
11 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333A, 333B, 334, 335,
12 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 344C, 344D, 344E, 345A, 345B, 346, 347,
13 348, 349, 350, 351, 352, 353, 354, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
14 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431,
15 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450,
16 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469,
17 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488A,
18 488B, 489, 490, 491, 492, 493, 494, 495, 496, and 497; Census Tract 111304, Block 115B; Census
19 Tract 112502, Block 508A; Census Tract 112606, Blocks 201A, 203, 204, 205, 206, 207, 208,
20 209, 210, 211, 301A, 301B, 302, 303, 304A, 304B, 305, 306A, 306B, 307A, 308, 309, 310, 311,
21 312A, 312B, 313A, 313B, 314A, 315A, 316A, 317, 401A, 401B, 402, 403, 404A, 404B, 405,
22 406A, 406B, 406C, 406D, 407, 408, 409, 410A, 410B, 411A, 411B, and 412; Census Tract
23 112607, Blocks 201A, 205, 207A, 208A, 210, 301A, 301B, 302, 303, 304A, 305A, 306A, 307,
24 308A, 401A, 401D, 402, 403, 404, 405, 406A, 406B, 406C, 406D, 406E, 406F, 407, 408, 409,
25 410, 411, 412, 413, 414, 415, and 416; Census Tract 112611, Blocks 101, 107, 108, 109A, 109B,
26 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 114A, 114B, 115, and 116B; Census Tract
27 112612, Blocks 101A, 101B, 102A, 102B, 102C, 102D, 102E, 102F, 103, 104A, 104B, 105, 106,
28 107, 108, 109A, 109B, 110, 201B, 206, 207, and 208; Census Tract 1127, Blocks 401, 402, 403,
29 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510,
30 511, and 512; Census Tract 112801, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
31 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203, 204, 205, 206,

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1 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
2 226, 227, 228, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313,
3 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332,
4 333, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407A, 407B, 408, 409A, 409B, 410A, 410B,
5 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429,
6 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448,
7 449, 450, 451, 452, 453, 454B, 455, 456B, 457B, 458, 459, 460, 463, 464, 465, 466, 467, 474B,
8 475, 476, 477, 478, 479, 480, 481, 484, and 487; Census Tract 112907, Blocks 301, 302, 303, 401,
9 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411, 412A, 412B, 413A, 413B, and 413C;
10 Census Tract 112908, Blocks 301B, 302, 303C, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403,
11 404, 501, 502, 503, and 504; Census Tract 112910, Blocks 101A, 101B, 101C, 102, 103, 104,
12 105A, 105B, 106B, 106C, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301,
13 302, and 303; Census Tract 112911, Blocks 101A, 101B, 102, 103A, 103B, 104, 105, 106A, 106B,
14 107A, 107B, 108, 109, 110, 111A, 111B, 111C, 112, 201, 202, 203, 204, 205, 206, 207, 208,
15 209A, 209B, 209C, 210, 211A, 211B, 211C, 212A, 212C, 212D, 213, 214, 215, 301, 302, 303,
16 304, 305, 306, 307A, 307B, 308, 309, 310, 311, 312, 313, and 314; Census Tract 113006, Blocks
17 105, 106, 107, 109, 110, 111, 113, 115, and 117; and Census Tract 1131, Blocks 101A, 101B, 102,
18 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120,
19 121, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214A,
20 214B, 214C, 215A, 215B, 216, 217, 218, 219, 220, 221, 301A, 301B, 301C, 301D, 319A, 319B,
21 and 320.
22 (18) The Twelfth State Board of Education District consists of the following Salt Lake
23 County Census Districts: Census Tracts 1044, 1045, 1046, 1047, 1048, 1049, 1102, 1103, 1104,
24 1105, 1106, 1107, 1114, 1115, 1116, 1117, 1118, 111901, 1121, and 112301; Census Tract 1028,
25 Blocks 522B, 523, 524B, and 526; Census Tract 1042, Blocks 102E, 103, 111, 112, 113, 114, 115,
26 and 116; Census Tract 1043, Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, and 210; Census
27 Tract 110103, Blocks 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236,
28 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, and 312; Census Tract
29 110104, Blocks 102, 104, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217,
30 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
31 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411,

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1 412, 413, 414, 415, 416, 417, 418, 419, and 420; Census Tract 1109, Block 102; Census Tract
2 111101, Blocks 301A and 302; Census Tract 111902, Blocks 101, 102, 103, 104, 105, 106, 107,
3 108, 109, 110, 111, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 217, 218, 301, 302, 303,
4 304, 306, 307, 501A, 501B, 501C, 501D, 502, and 503; Census Tract 1120, Blocks 101, 102,
5 103A, 103B, 104, 105, 107, 109, 115, 122A, 122B, 123A, 123B, 123C, 201, 202, 203, 204, 205,
6 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 401, 402, 403, 404,
7 405, 406, 407, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 601, 602, 701, 702, 703, 704,
8 705, 801A, 801C, 802A, 802B, 803, and 804; Census Tract 112201, Blocks 101, 102, 103, 104,
9 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, and 118; Census Tract 112202, Blocks
10 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
11 120, 121, 122, 123, 124, 125A, 125B, 126, 127, and 128; Census Tract 113305, Block 201A; and
12 Census Tract 113515, Blocks 301, 302, and 303A.
13 (19) The Thirteenth State Board of Education District consists of the following Salt Lake
14 County Census Districts: Census Tracts 1108, 111001, 111002, 111102, 111103, 1112, 111302,
15 111303, 112302, 112401, 112402, 112501, 112503, and 112610; Census Tract 110102, Blocks
16 101, 102, 103, 104, 105, 201, 202, 203, 204, 205, 206, and 207; Census Tract 110104, Blocks
17 101A, 101B, 103, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116, 117, 118,
18 119, 120, 121, 122, 123, 214, 215, 216, 518, 519, and 520; Census Tract 1109, Blocks 101, 103,
19 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
20 213, 214, 215, 226, 227, 228, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,
21 401, 402, 403, 404, 405, 406, 407, 408, and 409; Census Tract 111101, Blocks 101, 102, 103, 201,
22 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220,
23 221, 222, 301B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 404, 405, 407, 408,
24 409, 410, 411, 412, 414, 416, 417, 421, 422, 429, 430, 431, 440, 501, 502, 503, 504, 505, 506,
25 507, 508, 509, 510, 511, 512, 513, and 514; Census Tract 111304, Blocks 101, 102, 103, 104, 105,
26 106, 107, 108, 109, 110, 111, 112, 113, 114, 115A, 115C, 115D, 116, 117, 118, 119, 120, 121,
27 122, 123, 124, and 125; Census Tract 111902, Blocks 401, 402, 403, 404, and 405; Census Tract
28 1120, Block 801B; Census Tract 112201, Blocks 117, 119, 120, 121, 122, 123, 201, 202, 203, 204,
29 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,
30 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, and 322; Census Tract 112202, Blocks 201,
31 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302,

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1 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, and 317; Census Tract
2 112502, Blocks 101, 102, 103, 104, 105, 201, 202, 203, 204, 205, 206, 207, 301, 302, 303, 304,
3 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 501, 502A, 502B, 503, 504, 505, 506, 507,
4 508B, and 509; Census Tract 112606, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
5 111, 112, 201B, 202, 301C, 307B, 314B, 315B, and 316B; Census Tract 112607, Blocks 101, 102,
6 103, 104, 105, 106, 107, 201B, 202, 203, 204, 206, 207B, 208B, 209, 211, 212, 301C, 304B,
7 305B, 306B, 308B, 401B, 401C, and 406G; Census Tract 112611, Blocks 102A, 102B, 102C,
8 102D, 103, 104A, 104B, 105, 106, 116A, 117, 118, 119A, 119B, 119C, 119D, 201A, 201B, 201C,
9 202, 203A, 203B, 204, 205, 206A, 206B, 206C, 206D, 206E, 206F, 206G, 207, 208, 209, 210A,
10 210B, 210C, 211A, and 211B; Census Tract 112612, Blocks 201A, 201C, 201D, 202, 203, 204,
11 and 205; Census Tract 1127, Blocks 101, 135, 136, 137, 138, 139, 201, 202, 203, 204, 205, 206,
12 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304A, 304B, 305, 306, 307, 308, 309,
13 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321, 322, 323, 324, 325, 326,
14 327A, 327B, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342A, 342B,
15 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361,
16 362, and 363; Census Tract 113515, Blocks 306 and 307; and Census Tract 113524, Block 101.
17 (20) The Fourteenth State Board of Education District consists of the following Salt Lake
18 County Census Districts: Census Tracts 113003, 113004, and 113005; Census Tract 112801,
19 Blocks 454A, 456A, 457A, 461, 462, 468, 469, 470, 471, 472, 473, 474A, 482, 483, 485, 486, 488,
20 489, 490, 491, 492, 493, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514,
21 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533,
22 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, and 548; Census Tract
23 112910, Block 106A; Census Tract 112911, Block 212B; Census Tract 113006, Blocks 101, 102,
24 103, 104, 108, 112, 114, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
25 131, 132, 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306,
26 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410, 501, 502,
27 503, 504A, 504B, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, and 515; Census Tract 1131,
28 Blocks 212B, 325A, 325B, 325E, 326A, 326B, 326E, 326G, 326H, 332A, 332C, 332D, 333A,
29 333B, 338A, 338C, 339A, 339B, 339C, 339D, 339F, 339H, 340A, 340D, 343, 344, 345, 346, 347,
30 348, 349, 350, 351, 352, 353, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365,
31 488B, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511B, 512A, 512B, 512C, 513, 514, 515,

- 40 -

1 516, 517, 518, 519A, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533,
2 534, 535, 536, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 540, 541, 542, 543, 544, 545, 546,
3 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, and 558; and the following Utah County
4 Census Districts: Census Tracts 0001, 0002, 0003, 0004, 0005, 0006, 000701, and 010201; Census
5 Tract 000702, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
6 116, 117, 118, 119, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 214, 218, 219, 220,
7 221, 222, 223, 224, 225, 226, 227, 228, 301A, 301B, 301C, 301D, 301E, 302, 303, 304, 305, 306,
8 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 319A, 319B, 320, 321, 322, 401,
9 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, and 415; Census Tract 0008,
10 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 118, 119, 120, 121, 123, 124, 125, 301,
11 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320,
12 321, 322, 323, 324, 325, and 326; Census Tract 000901, Blocks 101, 102, 103, 107, 108, 109, 110,
13 111, 113, 114, 121, 122, 123, 124, 125, 301, 302, 303, 304, 305, 306, 307, 308, 309, and 310;
14 Census Tract 000902, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
15 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 213, 218, and 219; Census Tract 0014, Blocks
16 103A, 104A, and 105A; Census Tract 001501, Blocks 108E, 108F, 202A, 202F, 203A, 204B,
17 207B, and 224C; Census Tract 001502, Block 401C; Census Tract 0022, Blocks 101, 103, 104,
18 105A, 106A, and 106B; Census Tract 0101, Blocks 101A, 101B, 101C, 101D, 102, 103A, 103B,
19 103C, 103D, 103E, 103F, 104A, 104B, 104C, 104D, 104E, 105, 106, 107, 108, 109, 110A, 110B,
20 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124,
21 125A, 125B, 125C, 126, 127A, 127B, 128, 129, 130, 131, 132A, 132B, 133A, 133B, 134, 135A,
22 135B, 136, 137A, 138, 201A, 201B, 201C, 201D, 202A, 202B, 202C, 202D, 203, 204, 205, 206A,
23 206B, 207, 208A, 208B, 208C, 209A, 209B, 209C, 209D, 209E, 210A, 210B, 210C, 211A, 211B,
24 212A, 212B, 212C, 213, 214, 215, 216, 217B, 218, 219, 220B, 220C, 222, 286, 287, 288A, 288B,
25 289, 290, 291, 292, 293, 294, 295, and 296; Census Tract 010298, Blocks 201, 202A, 202B, 202C,
26 202D, 202E, 202F, 202G, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 211C, 212, 213A,
27 213B, 214, 215, 216A, 216B, 216C, 217A, 217B, 217C, 218A, 218B, 219, 220A, 220B, 220C,
28 221, 222A, 222B, 222C, 222D, 222E, 223, 224A, 224B, 225A, 225B, 226A, 226B, 227A, 227B,
29 227C, 228, 229A, 229B, 230A, 230B, 230C, 231, 232A, 232B, 232C, 233A, 233B, 233C, 234,
30 235, 236, 237, 238, 239, 240A, 240B, 240C, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250,
31 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 263C, 264, 265, 266A,

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1 266B, 267, 268, 269, 270, 271, 272, 273A, 273B, 273C, 273D, 273E, 274A, 274B, 274C, 274D,
2 275A, 275B, 275C, 275D, 275E, 275F, 275G, 275H, 275J, 276, 277, 278, 279, 280, 281, 282, 283,
3 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294D, 294M, and 295; and Census Tracts
4 010793, 010794, 010795, 010796, and 010797.
5 (21) The Fifteenth State Board of Education District consists of the following Utah County
6 Census Districts: Census Tracts 0010, 001101, 001102, 0012, 0013, 0016, 0017, 0018, 0019, 0020,
7 0021, 0024, 0025, and 0026; Census Tract 000702, Blocks 318B and 319C; Census Tract 0008,
8 Blocks 201, 202, 203, 204, 205, 206, 207, 215, 216, 220, 221, 222, 223, 224, 401, 402, 403, 404,
9 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, and 418; Census Tract 000901,
10 Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, and 216; Census
11 Tract 000902, Blocks 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 220, and 221;
12 Census Tract 0014, Blocks 101, 102, 103B, 103C, 104B, 105B, 105C, 105D, 106, 107, 108, 109,
13 110, 111, 112, 113A, 113B, 113C, 113D, 113E, 114A, 114B, 114C, 114D, 115, 116, 117A, 117B,
14 117C, 118, 119, 120A, 120B, 120C, 120D, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209,
15 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314,
16 315, 316, and 317; Census Tract 001501, Blocks 101A, 101B, 101C, 102, 103, 104A, 104B, 105A,
17 105B, 106A, 106B, 107A, 107B, 108A, 108B, 108C, 108D, 109, 110, 111A, 111B, 112, 113, 114,
18 115, 116, 117, 118, 119, 120, 121, 122, 201, 202B, 202C, 202D, 202E, 203B, 203C, 204A, 205,
19 206, 207A, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A,
20 224B, and 225; Census Tract 001502, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
21 111, 112, 113, 114, 115, 116, 117, 201A, 201B, 202, 203A, 203B, 204, 205, 206, 207, 208, 209,
22 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308,
23 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327,
24 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418,
25 419, 420, 421, 422, 423, 424, 425, and 426; Census Tract 0022, Blocks 102, 105B, 106C, 107,
26 108A, 108B, 109A, 109B, 109C, 110, 111, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B,
27 115C, 115D, 115E, 115F, 115G, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
28 129, 130, 131, 132, 133, 134, 135, 136, 137A, 137B, 138A, 138B, 139, 140, 141, 142, 143A,
29 143B, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 202D, 204, 205, 206, 208,
30 209, 210, 211, 212, 215, 216, 217, 218, 219, and 220; Census Tract 0023, Blocks 101, 102, 103,
31 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,

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1 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
2 219, 220, 221, 223, 224, 225, 226, and 227; Census Tract 0027, Blocks 101, 102, 103, 104, 105,
3 107, 108, 110, 111, 112, 114, 303, 304, 305, 306, 307, 308, 309, and 318; Census Tract 0028,
4 Blocks 105, 106, 117, 118, 206, and 207; Census Tract 0101, Block 137B; and Census Tract
5 010298, Blocks 294A, 294B, and 294C.
6 Section 29. Section 21-1-5 is amended to read:
7 21-1-5. Civil fees of the courts of record -- Courts complex design.
8 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
9 of record not governed by another subsection is $120.
10 (b) The fee for filing a complaint or petition is:
11 (i) $37 if the claim for damages or amount in interpleader exclusive of court costs,
12 interest, and attorney fees is $2,000 or less;
13 (ii) $80 if the claim for damages or amount in interpleader exclusive of court costs,
14 interest, and attorney fees is greater than $2,000 and less than $10,000;
15 (iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; and
16 (iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
17 Separate Maintenance.
18 (c) The fee for filing a small claims affidavit is:
19 (i) $37 if the claim for damages or amount in interpleader exclusive of courts costs,
20 interest, and attorney fees is $2,000 or less; and
21 (ii) $60 if the claim for damages or amount in interpleader exclusive of court costs,
22 interest, and attorney fees is greater than $2,000.
23 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
24 complaint, or other claim for relief against an existing or joined party other than the original
25 complaint or petition is:
26 (i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
27 or less;
28 (ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
29 than $2,000 and less than $10,000;
30 (iii) $90 if the original petition is filed under Subsection (1)(a) or when the claim for relief
31 is $10,000 or more; and

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1 (iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
2 Chapter 4, Separate Maintenance.
3 (e) The fee for filing a small claims counter affidavit is:
4 (i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
5 or less; and
6 (ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
7 than $2,000.
8 (f) The fee for depositing funds under Section 57-1-29 when not associated with an action
9 already before the court is determined under Subsection (b) based on the amount deposited.
10 (g) The fee for filing a petition for trial de novo of an adjudication of the justice court or
11 of the small claims department is $70.
12 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
13 petition for writ of certiorari is $190.
14 (i) (i) Except for a petition filed under Subsection 77-18-10(2), the fee for filing a petition
15 for expungement is $50.
16 (ii) There is no fee for a petition filed under Subsection 77-18-10(2).
17 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
18 allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges'
19 Retirement Act.
20 (ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
21 by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,
22 as provided in Section 63-63a-8.
23 (iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
24 (1)(s) shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section
25 78-31b-9.
26 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
27 United States is $25.
28 (l) The fee for filing probate or child custody documents from another state is $25.
29 (m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
30 State Tax Commission is $30.
31 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state

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1 or a judgment, order, or decree of an administrative agency, commission, board, council, or
2 hearing officer of this state or of its political subdivisions other than the Utah State Tax
3 Commission, is $40.
4 (n) The fee for filing a judgment by confession without action under Section 78-22-3 is
5 $25.
6 (o) The fee for filing an award of arbitration for confirmation, modification, or vacation
7 under Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is
8 $25.
9 (p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
10 (q) The fee for filing any accounting required by law is:
11 (i) $10 for an estate valued at $50,000 or less;
12 (ii) $20 for an estate valued at $75,000 or less but more than $50,000;
13 (iii) $40 for an estate valued at $112,000 or less but more than $75,000;
14 (iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
15 (v) $150 for an estate valued at more than $168,000.
16 (r) The fee for filing a demand for a civil jury is $50.
17 (s) The fee for filing a notice of deposition in this state concerning an action pending in
18 another state under Utah Rule of Civil Procedure 26 is $25.
19 (t) The fee for filing documents that require judicial approval but are not part of an action
20 before the court is $25.
21 (u) The fee for a petition to open a sealed record is $25.
22 (v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
23 to any fee for a complaint or petition.
24 (w) The fee for a petition for authorization for a minor to marry required by Section 30-1-9
25 is $5.
26 (x) The fee for a certificate issued under Section 26-2-25 is $2.
27 (y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
28 (z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per
29 page.
30 (aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
31 and forms and for the search and retrieval of records under Title 63, Chapter 2, Government

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1 Records Access and Management Act. Fees under this subsection shall be credited to the court
2 as a reimbursement of expenditures.
3 (bb) There is no fee for services or the filing of documents not listed in this section or
4 otherwise provided by law.
5 (cc) Except as provided in this section, all fees collected under this section are paid to the
6 General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
7 the pleading for filing or performs the requested service.
8 (dd) The filing fees under this section may not be charged to the state, its agencies, or
9 political subdivisions filing or defending any action. In judgments awarded in favor of the state,
10 its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order
11 the filing fees and collection costs to be paid by the judgment debtor. The sums collected under
12 this subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or
13 other penalty and costs permitted by law.
14 (2) (a) (i) From the date that this act takes effect until June 30, 1998, the administrator of
15 the courts shall transfer all revenues representing the difference between the fees in effect after
16 May 2, 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division
17 of Facilities Construction and Management Capital Projects Fund.
18 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
19 Construction and Management shall use up to $3,750,000 of the revenue deposited in the Capital
20 Projects Fund under Subsection 21-1-5(2)(a) to design and take other actions necessary to initiate
21 the development of a courts complex in Salt Lake City.
22 (B) If the Legislature approves funding for construction of a courts complex in Salt Lake
23 City in the 1995 Annual General Session, the Division of Facilities Construction and Management
24 shall use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct
25 a courts complex in Salt Lake City.
26 (iii) The Division of Facilities Construction and Management may enter into agreements
27 and make expenditures related to this project before the receipt of revenues provided for under this
28 subsection.
29 (iv) The Division of Facilities Construction and Management shall:
30 (A) make those expenditures from unexpended and unencumbered building funds already
31 appropriated to the Capital Projects Fund; and

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1 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under
2 this subsection.
3 (b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
4 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
5 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
6 account.
7 (c) The Division of Finance shall deposit all revenues received from the court
8 administrator into the restricted account created by this section.
9 (d) (i) From [the effective date of this act] May 1, 1995, until June 30, 1998, the
10 administrator of the courts shall transfer $7 of the amount of a fine or bail forfeiture paid for a
11 violation of Title 41, Motor Vehicles, in a court of record to the Division of Facilities Construction
12 and Management Capital Projects Fund. The division of money pursuant to [Subsection 78-3-4(6),
13 Sections] Section 78-3-14.5 [and 78-4-22] shall be calculated on the balance of the fine or bail
14 forfeiture paid.
15 (ii) After June 30, 1998, the administrator of the courts shall transfer $2 of the amount of
16 a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the
17 Division of Finance for deposit in the restricted account created by this section. The division of
18 money pursuant to Subsection 78-3-4(6), and Section 78-3-14.5 shall be calculated on the balance
19 of the fine or bail forfeiture paid.
20 (3) (a) There is created within the General Fund a restricted account known as the State
21 Courts Complex Account.
22 (b) The Legislature may appropriate monies from the restricted account to the
23 administrator of the courts for the following purposes only:
24 (i) to repay costs associated with the construction of the court complex that were funded
25 from sources other than revenues provided for under this subsection; and
26 (ii) to cover operations and maintenance costs on the court complex.
27 Section 30. Section 26-4-4 is amended to read:
28 26-4-4. Chief medical examiner -- Appointment -- Qualifications -- Authority.
29 (1) The executive director, with the advice of an advisory board consisting of the chairman
30 of the Department of Pathology at the University of Utah medical school and the dean of the law
31 school at the University of Utah shall appoint a [state] chief medical examiner who shall be

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1 licensed to practice medicine in the state and shall meet the qualifications of a forensic pathologist,
2 certified by the American Board of Pathologists.
3 (2) The medical examiner shall serve at the will of the executive director. He shall have
4 authority to employ such medical, technical and clerical personnel as may be required to
5 effectively administer this chapter, subject to the rules of the department and the state merit
6 system. He shall have authority to conduct investigations, pathological examinations, and perform
7 autopsies authorized in this title. The medical examiner shall have authority to conduct or
8 authorize necessary examinations on dead bodies and retain tissues and biological samples for
9 scientific purposes and those he considers necessary to accurately certify the cause and manner of
10 death. In the case of an unidentified body, the medical examiner shall authorize or conduct
11 investigations, tests and processes in order to determine its identity as well as the cause of death.
12 The medical examiner may appoint regional pathologists, each of whom shall be approved by the
13 executive director.
14 Section 31. Section 26-32a-105 is amended to read:
15 26-32a-105. Trust fund -- Creation -- Deposits.
16 (1) There is created the Waste Tire Recycling Expendable Trust Fund.
17 (2) Proceeds of the fee shall be deposited in the trust fund for payment of partial
18 reimbursement and payments under Section [26-23a-107.7] 26-32a-107.7.
19 Section 32. Section 27-17-301 is amended to read:
20 27-17-301. Duties -- Enforcement -- Federal safety regulations -- Audits -- Rights of
21 entry for audits.
22 (1) The department shall administer and in cooperation with the Department of Public
23 Safety, Utah Highway Patrol Division, as specified under Section 53-8-105, shall enforce state and
24 federal laws related to the operation of a motor carrier within the state, including:
25 (a) the operation of ports-of-entry under Section 27-17-501;
26 (b) vehicle size, weight, and load restrictions;
27 (c) security requirements;
28 (d) safety requirements; and
29 (e) the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal
30 Regulations.
31 (2) The department shall conduct compliance audits and inspections as needed to enforce

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1 state and federal laws related to the operation of a motor carrier.
2 (3) (a) In accordance with Subsection (b), the department's authorized employees or agents
3 may enter, inspect, and examine any lands, buildings, and equipment of a motor carrier subject to
4 this chapter, to inspect and copy any accounts, books, records, and documents in order to
5 administer and enforce state and federal laws related to the operation of a motor carrier provided:
6 (i) the department's authorized employees or agents shall schedule an appointment with
7 the motor carrier prior to entering, inspecting, or examining any facility or records of a motor
8 carrier;
9 (ii) if the department's authorized employees or agents believe that a criminal violation
10 is involved and that a scheduled appointment would compromise the detection of the alleged
11 criminal violation, no appointment is necessary.
12 (b) A motor carrier shall submit [their] its lands, buildings, and equipment for inspection
13 and examination and shall submit [their] its accounts, books, records, and documents for
14 inspection and copying in accordance with this subsection.
15 Section 33. Section 27-17-403 is amended to read:
16 27-17-403. Contribution between connecting motor carriers.
17 (1) The motor carrier paying for the loss or damage to property transported or received is
18 entitled to recovery from the motor carrier responsible for the loss or damage, or on the motor
19 carrier's line the loss, damage, or injury was sustained.
20 (2) The amount of the loss or damage is equal to the amount the motor carrier is required
21 to pay to the persons entitled to the recovery.
22 Section 34. Section 30-6-4 is amended to read:
23 30-6-4. Forms for petitions and protective orders -- Assistance.
24 (1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to persons
25 seeking to proceed under this chapter.
26 (b) The Administrative Office of the Courts shall develop and adopt uniform forms for
27 petitions and orders for protection in accordance with the provisions of this chapter on or before
28 September 1, 1995. That office shall provide the forms to the clerk of each court authorized to
29 issue protective orders. The forms shall include:
30 (i) a statement notifying the petitioner for an ex parte protective order that knowing
31 falsification of any statement or information provided for the purpose of obtaining a protective

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

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1 (f) written information regarding the procedure for transporting a jailed or imprisoned
2 respondent to the protective order hearing, including an explanation of the use of transportation
3 order forms when necessary.
4 (3) No charges may be imposed by a court clerk, constable, or law enforcement agency
5 for:
6 (a) filing a petition under this chapter;
7 (b) obtaining an ex parte protective order;
8 (c) obtaining copies, either certified or not certified, necessary for service or delivery to
9 law enforcement officials; or
10 (d) fees for service of a petition, ex parte protective order, or protective order.
11 (4) A petition for an order of protection shall be in writing and verified.
12 (5) (a) All orders for protection shall be issued in the form adopted by the Administrative
13 Office of the Courts pursuant to Subsection (1).
14 (b) Each protective order issued, except orders issued ex parte, shall include the following
15 language:
16 "Respondent was afforded both notice and opportunity to be heard in the hearing that gave
17 rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322, 108 Stat.
18 1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District of Columbia, tribal
19 lands, and United States territories."
20 Section 35. Section 30-6-4.2 is amended to read:
21 30-6-4.2. Protective orders -- Ex parte protective orders -- Modification of orders --
22 Service of process -- Service of process -- Duties of the court.
23 (1) If it appears from a petition for an order for protection or a petition to modify an order
24 for protection that domestic violence or abuse has occurred or a modification of an order for
25 protection is required, a court may:
26 (a) without notice, immediately issue an order for protection ex parte or modify an order
27 for protection ex parte as it considers necessary to protect the petitioner and all parties named to
28 be protected in the petition; or
29 (b) upon notice, issue an order for protection or modify an order after a hearing, whether
30 or not the respondent appears.
31 (2) A court may grant the following relief without notice in an order for protection or a

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1 modification issued ex parte:
2 (a) enjoin the respondent from threatening to commit or committing domestic violence or
3 abuse against the petitioner and any designated family or household member;
4 (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
5 communicating with the petitioner, directly or indirectly;
6 (c) order that the respondent is excluded from the petitioner's residence and its premises,
7 and order the respondent to stay away from the residence, school, or place of employment of the
8 petitioner, and the premises of any of these, or any specified place frequented by the petitioner and
9 any designated family or household member;
10 (d) upon finding that the respondent's use or possession of a weapon may pose a serious
11 threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
12 firearm or other weapon specified by the court;
13 (e) order possession and use of an automobile and other essential personal effects, and
14 direct the appropriate law enforcement officer to accompany the petitioner to the residence of the
15 parties to ensure that the petitioner is safely restored to possession of the residence, automobile,
16 and other essential personal effects, or to supervise the petitioner's or respondent's removal of
17 personal belongings;
18 (f) grant temporary custody of any minor children to the petitioner;
19 (g) order any further relief that the court considers necessary to provide for the safety and
20 welfare of the petitioner and any designated family or household member; and
21 (h) if the petition requests child support or spousal support, at the hearing on the petition
22 order both parties to provide verification of current income, including year-to-date pay stubs or
23 employer statements of year-to-date or other period of earnings, as specified by the court, and
24 complete copies of tax returns from at least the most recent year.
25 (3) A court may grant the following relief in an order for protection or a modification of
26 an order after notice and hearing, whether or not the respondent appears:
27 (a) grant the relief described in Subsection (2); and
28 (b) specify arrangements for visitation of any minor child by the respondent and require
29 supervision of that visitation by a third party or deny visitation if necessary to protect the safety
30 of the petitioner or child.
31 (4) Following the protective order hearing, the court shall:

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1 (a) as soon as possible, deliver the order to the county sheriff for service of process;
2 (b) make reasonable efforts to ensure that the order for protection is understood by the
3 petitioner, and the respondent, if present;
4 (c) transmit, by the end of the next business day after the order is issued, a copy of the
5 order for protection to the local law enforcement agency or agencies designated by the petitioner;
6 and
7 (d) transmit a copy of the order to the statewide domestic violence network described in
8 Section 30-6-8.
9 [(6)] (5) (a) Each protective order shall include two separate portions, one for provisions,
10 the violation of which are criminal offenses, and one for provisions, the violation of which are
11 civil violations, as follows:
12 (i) criminal offenses are those under Subsections 30-6-4.2(2)(a) through (e), and under
13 Subsection 30-6-4.2(3)(a) as it refers to Subsections 30-6-4.2(2)(a) through (e); and
14 (ii) civil offenses are those under Subsections 30-6-4.2(2)(f) through (h), and Subsection
15 30-6-4.2(3)(a) as it refers to Subsections 30-6-4.2(2)(f) through (h).
16 (b) The criminal provision portion shall include a statement that violation of any criminal
17 provision is a class A misdemeanor.
18 (c) The civil provision portion shall include a notice that violation of or failure to comply
19 with a civil provision is subject to contempt proceedings.
20 [(7)] (6) The protective order shall include:
21 (a) a designation of a specific date, determined by the court, when the civil portion of the
22 protective order either expires or is scheduled for review by the court, which date may not exceed
23 150 days after the date the order is issued, unless the court indicates on the record the reason for
24 setting a date beyond 150 days;
25 (b) information the petitioner is able to provide to facilitate identification of the
26 respondent, such as social security number, driver license number, date of birth, address, telephone
27 number, and physical description; and
28 (c) a statement advising the petitioner that:
29 (i) after three years from the date of issuance of the protective order, a hearing may be held
30 to dismiss the criminal portion of the protective order;
31 (ii) the petitioner should, within the 30 days prior to the end of the three-year period,

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1 advise the court of the petitioner's current address for notice of any hearing; and
2 (iii) the address provided by the petitioner will not be made available to the respondent.
3 [(8)] (7) Child support and spouse support orders issued as part of a protective order are
4 subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
5 Withholding, and Title 62A, Chapter 11, Part 5, Universal Income Withholding - Non IV-D
6 Obligees, except when the protective order is issued ex parte.
7 [(9)] (8) (a) The county sheriff that receives the order from the court, pursuant to
8 Subsection (5)(a), shall provide expedited service for orders for protection issued in accordance
9 with this chapter, and shall transmit verification of service of process, when the order has been
10 served, to the statewide domestic violence network described in Section 30-6-8.
11 (b) This section does not prohibit any law enforcement agency from providing service of
12 process if that law enforcement agency:
13 (i) has contact with the respondent and service by that law enforcement agency is possible;
14 or
15 (ii) determines that under the circumstances, providing service of process on the
16 respondent is in the best interests of the petitioner.
17 [(10)] (9) (a) When an order is served on a respondent in a jail or other holding facility,
18 the law enforcement agency managing the facility shall make a reasonable effort to provide notice
19 to the petitioner at the time the respondent is released from incarceration.
20 (b) Notification of the petitioner shall consist of a good faith reasonable effort to provide
21 notification, including mailing a copy of the notification to the last-known address of the victim.
22 [(11)] (10) (a) A court may modify or vacate an order of protection or any provisions in
23 the order after notice and hearing, except as limited under Subsection (b).
24 (b) Criminal provisions of a protective order may not be vacated within three years of
25 issuance unless the petitioner:
26 (i) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules
27 of Civil Procedure, and the petitioner personally appears before the court and gives specific
28 consent to the vacation of the criminal provisions of the protective order; or
29 (ii) submits a verified affidavit, stating agreement to the vacation of the criminal
30 provisions of the protective order.
31 [(12)] (11) A protective order may be modified without a showing of substantial and

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1 material change in circumstances.
2 [(13)] (12) Insofar as the provisions of this chapter are more specific than the Utah Rules
3 of Civil Procedure, regarding protective orders, the provisions of this chapter govern.
4 Section 36. Section 31A-3-103 is amended to read:
5 31A-3-103. Fees.
6 (1) The fees charged by the department shall be set by the Legislature as part of the
7 appropriation process. [Until the Legislature sets the department's fees under the appropriation
8 process, the fees set forth under former Section 31-14-1 apply.]
9 (2) As part of his annual budget request, the commissioner shall recommend any fee
10 schedule changes to conform the fees to the standards under Subsection (4). Amendments to the
11 fees charged by the department shall be made by the Legislature at the time it sets the department's
12 annual appropriation. The fee schedule approved by the Legislature does not lapse at the time of
13 each annual appropriation, but continues in force until amended by the Legislature.
14 (3) The commissioner shall separately publish the schedule of fees approved by the
15 Legislature and make it available upon request for $1 per copy. This fee schedule shall also be
16 included in any compilation of rules promulgated by the commissioner.
17 (4) (a) Fees shall be set and collected for services provided by the department. "Services"
18 include issuing and renewing licenses and certificates of authority, filing policy forms, reporting
19 agent appointments and terminations, filing annual statements, and other functions that are
20 reasonable and necessary to enable the commissioner to perform the duties imposed by the
21 Insurance Code.
22 (b) The fees shall be sufficient to provide adequate funds to ensure the payment of
23 expenses under Subsection 31A-3-101(1). The fees may not be excessive. The fees are excessive
24 and shall be equitably reduced if the Insurance Department collects more than 120% of its annual
25 appropriation.
26 (c) Fees related to the renewal of licenses may be imposed no more frequently than once
27 each year.
28 (5) The commissioner shall, by rule, establish the deadlines for payment of each of the
29 various fees.
30 Section 37. Section 31A-6a-107 is amended to read:
31 31A-6a-107. Cancellation of reimbursement insurance.

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1 The issuer of a reimbursement insurance policy may not cancel the policy until a notice of
2 cancellation in accordance with Section 31A-21-303, 31A-21-304, or [31-21-305] 31A-21-305 has
3 been mailed or delivered to the commissioner and to each insured provider. The cancellation of
4 a reimbursement policy may not reduce the issuer's responsibility for service contracts issued by
5 providers prior to the date of the cancellation.
6 Section 38. Section 31A-8-105.5 is amended to read:
7 31A-8-105.5. Primary care physicians.
8 With [regards] regard to participating providers who are physicians who are members of
9 the American College of Obstetrics and Gynecology, organizations operating under this chapter
10 shall:
11 (1) permit a female enrollee to receive at least one outpatient examination per year from
12 the enrollee's choice of one of those participating providers. An organization may not require the
13 enrollee to receive a preapproval, preauthorization, or referral from the enrollee's primary care
14 physician before receiving this examination; and
15 (2) clearly state in the organization's health benefit plan literature that enrollees may seek
16 the care described in Subsection (1) without preapproval, preauthorization, or referral from the
17 patient's primary care physician.
18 Section 39. Section 31A-9-106 is amended to read:
19 31A-9-106. Miscellaneous provisions.
20 Sections 31A-5-105[,] and 31A-5-106[, and 31A-5-107] apply to fraternals.
21 Section 40. Section 31A-11-104 is amended to read:
22 31A-11-104. Applicability of other portions of the Insurance Code.
23 In addition to this chapter, motor clubs are subject to the applicable sections of Chapters
24 1, 2, 4, 16, 21, 22, 26, and 27, Part I of Chapter 3, Parts I, III, and IV of Chapter 23, and Section
25 31A-23-214. Sections 31A-14-204 and 31A-14-216 apply to nondomestic motor clubs. Section
26 31A-5-401 applies to domestic motor clubs. Sections 31A-5-105, 31A-5-106, [31A-5-107,] and
27 31A-5-216 apply to both domestic and nondomestic motor clubs. Both domestic and nondomestic
28 motor clubs are subject to the Insurance Department fees under Section 31A-3-103. Other
29 provisions of the Insurance Code apply to motor clubs only as specifically provided in this chapter.
30 Section 41. Section 31A-11-112 is amended to read:
31 31A-11-112. Bail for traffic violations.

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1 (1) Any insurance company that has qualified to transact a surety business in Utah may
2 contract to become surety for any guaranteed arrest bond certificates issued by it or by a motor
3 club, by filing with the commissioner an undertaking to become surety. The undertaking shall be
4 in a form prescribed by the commissioner and shall state the following:
5 (a) The name and address of the motor club or clubs issuing the guaranteed arrest bond
6 certificates on which the company will be surety, and whether the motor club will issue the
7 certificates itself.
8 (b) The unqualified obligation of the company to be surety to pay, up to a specified dollar
9 amount, the fine or forfeiture of any person who fails to make an appearance to answer the charges
10 for which the guaranteed arrest bond certificate is posted.
11 (2) Any guaranteed arrest bond certificate under Subsection (1), when posted by the
12 signatory, shall be accepted in lieu of cash bail or other bond in an amount not exceeding the dollar
13 amount specified under Subsection (1)(b), to guarantee the appearance of the person when required
14 by any court in Utah when the person is arrested for violation of any Utah motor vehicle law, or
15 any motor vehicle ordinance of any Utah municipality, except for driving under the influence of
16 drugs or intoxicating liquors or for any felony. Any law enforcement officer who issues a citation
17 to an operator of a vehicle who has a valid guaranteed arrest bond certificate in his possession shall
18 obtain the necessary information for the arrest citation, and if the guaranteed arrest bond certificate
19 covers the fine for the violation, the officer shall release the vehicle and operator after serving the
20 citation and receiving the guaranteed arrest bond from the operator. The officer shall deliver the
21 guaranteed arrest bond to the appropriate court to be held as a bail bond.
22 (3) A guaranteed arrest bond certificate posted as a bail bond in a Utah court is subject to
23 the forfeiture and enforcement provisions which govern bail bonds in criminal cases. A
24 guaranteed arrest bond certificate posted as a bail bond in a Utah [circuit or] justice court is subject
25 to the forfeiture and enforcement provisions of the charter or ordinance of the particular
26 municipality which pertains to bail bonds.
27 (4) No motor club may agree to exonerate or indemnify an authorized surety issuing
28 guaranteed arrest bonds under Subsection (1) for losses in connection with these bonds.
29 Section 42. Section 31A-22-1301 is amended to read:
30 31A-22-1301. Liability insurance for contract security companies.
31 Section [53-5-415] 58-63-302 applies to liability insurance for [armed] contract security

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1 [guards] companies.
2 Section 43. Section 31A-22-1302 is amended to read:
3 31A-22-1302. Insurance requirements for vehicles of unusual physical nature.
4 Section [27-12-155] 27-17-103 applies to the insurance requirements for vehicles of an
5 unusual physical nature.
6 Section 44. Section 31A-23-205 is amended to read:
7 31A-23-205. Character requirements.
8 Each applicant for a license under this chapter shall show to the commissioner that:
9 (1) the applicant has the intent in good faith, to engage in the type of business that the
10 license applied for would permit;
11 (2) if a natural person, the applicant is competent and trustworthy; or, if the applicant is
12 an agency, all the partners, directors, or principal officers or persons having comparable powers
13 are trustworthy, and that it will transact business in such a way that all acts that may only be
14 performed by a licensed agent, managing general agent, broker, surplus lines broker, or consultant
15 are performed exclusively by natural persons who are licensed under this chapter to transact that
16 type of business and listed on the [organization's] agency's license under Subsection
17 31A-23-212(1)(d);
18 (3) the applicant intends to comply with Section 31A-23-402; and
19 (4) if a natural person, the applicant is at least 18 years of age.
20 Section 45. Section 31A-28-107 is amended to read:
21 31A-28-107. Board of directors.
22 (1) (a) The board of directors of the association shall consist of at least five but not more
23 than nine member insurers serving terms of four years each.
24 (b) The members of the board shall be selected by member insurers, subject to the
25 approval of the commissioner. When a vacancy occurs in the membership for any reason, the
26 replacement shall be elected for the unexpired term by a majority vote of the remaining board
27 members, subject to the approval of the commissioner.
28 (c) In approving selections or in appointing members to the board, the commissioner shall
29 consider, among other things, whether all member insurers are fairly represented.
30 (d) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the
31 time of election or reelection, adjust the length of terms to ensure that the terms of board members

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1 are staggered so that approximately half of the board is selected every two years.
2 [(3)] (2) (a) Members shall receive no compensation or benefits for their services, but may
3 receive per diem and expenses incurred in the performance of the member's official duties at the
4 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 from the
5 assets of the association.
6 (b) Members may decline to receive per diem and expenses for their service.
7 Section 46. Section 31A-28-206 is amended to read:
8 31A-28-206. Board of directors.
9 (1) (a) The board of directors of the association consists of not less than five nor more than
10 nine members, serving terms of four years each.
11 (b) The members of the board shall be selected by member insurers, subject to the
12 commissioner's approval. When a vacancy occurs in the membership for any reason, the
13 replacement shall be elected for the unexpired term by a majority vote of the remaining board
14 members, subject to the commissioner's approval.
15 (c) In approving selections or in appointing members to the board, the commissioner shall
16 consider whether all member insurers are fairly represented.
17 (d) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the
18 time of election or reelection, adjust the length of terms to ensure that the terms of board members
19 are staggered so that approximately half of the board is selected every two years.
20 [(3)] (2) (a) Members shall receive no compensation or benefits for their services, but may
21 receive per diem and expenses incurred in the performance of the member's official duties at the
22 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 from the
23 assets of the association.
24 (b) Members may decline to receive per diem and expenses for their service.
25 Section 47. Section 31A-30-110 is amended to read:
26 31A-30-110. Enrollment cap and length of enrollment windows.
27 (1) (a) The commissioner shall set the open enrollment cap at .5% on January 1, 1996.
28 (b) The commissioner shall raise the open enrollment cap by .5% at the later of the
29 following dates:
30 (i) 12 months from [the effective date of this act] May 1, 1995, or the last increase in the
31 open enrollment cap; or

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1 (ii) the date when [(CCI+CCS)/(TS+TI)] is greater than .90, where:
2 (A) "CCI" is the total individual coverage count for all carriers certifying that their
3 uninsurable percentage has reached the open enrollment cap;
4 (B) "CCS" is the total small employer coverage count for all carriers certifying that their
5 uninsurable percentage has reached the open enrollment cap;
6 (C) "TI" is the total individual coverage count for all carriers; and
7 (D) "TS" is the total small employer coverage count for all carriers.
8 (c) Eligible employees hired after a covered carrier has met its open enrollment cap are
9 eligible for open enrollment in accordance with Section 31A-30-108 until the covered carrier
10 certifies that its uninsurable percentage equals or exceeds the open enrollment cap plus .5%.
11 (d) Open enrollment applicants who participated in the Comprehensive Health Insurance
12 Pool prior to December 31, 1995, are eligible for open enrollment in accordance with Section
13 31A-30-108 until the covered carrier certifies that the number of individuals it has insured under
14 this subsection equals the HIP count maximum as defined in Subsection 31A-30-103(16).
15 (e) Uninsurable open enrollment applicants to whom Subsection (c) or (d) do not apply,
16 are eligible for open enrollment in accordance with Section 31A-30-108 until the covered carrier
17 has certified that its uninsurable percentage equals or exceeds the open enrollment cap.
18 (f) Notwithstanding the provisions of Subsections (c) through (e), the commissioner may
19 establish a minimum uninsurable coverage count that carriers entering the market who are subject
20 to this chapter must accept under the open enrollment provisions of this chapter.
21 (g) (i) From May 1, 1997 until April 30, 1998 covered carriers may decline to accept
22 individuals applying for open enrollment as individuals if UCI/(CS+CI) for that carrier equals or
23 exceeds .25%.
24 (ii) For purposes of this subsection:
25 (A) "CS" and "CI" have the same meaning as defined in Subsection 31A-30-103(30); and
26 (B) "UCI" means an individual classified as uninsurable at enrollment who was issued an
27 individual policy and covered on or after May 1, 1997.
28 (h) When the covered carrier has certified that its uninsurable percentage equals or exceeds
29 the open enrollment cap, the carrier may decline to accept individuals from the Comprehensive
30 Health Insurance Pool and under the open enrollment provisions of Subsection 31A-30-108(3).
31 (2) An officer of the carrier shall certify to the commissioner when it has met the open

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1 enrollment cap or the HIP count maximum. The commissioner shall by rule establish the contents
2 of the certification.
3 (3) The department may audit a carrier's records to verify whether the carrier's uninsurable
4 classification meets industry standards for underwriting criteria as established by the commissioner
5 in accordance with Subsection 31A-30-106(1)(k).
6 (4) (a) On or before July 1, 1997, and each July 1 thereafter, the commissioner:
7 (i) shall report to the Utah Health Policy Commission on the distribution of risks assumed
8 by various carriers in the state under the open enrollment provision of this part; and
9 (ii) may make recommendations to the Utah Health Policy Commission and the
10 Legislature regarding the adjustment of the .5% cap on open enrollment or some other risk
11 adjustment to maintain equitable distribution of risk among carriers.
12 (b) For the first 36 months after the effective date, as described in Section [31A-30-114]
13 31A-30-113, of each open enrollment provision of this act, if the commissioner determines that
14 open enrollment is causing a substantial adverse effect on premiums, enrollment, or experience,
15 the commissioner may suspend, limit, or delay further open enrollment for up to 12 months.
16 (5) (a) On or before November 30, 1995, the commissioner shall report to the Health
17 Policy Commission and the Legislature on:
18 (i) the impact of the Small Employer Health Insurance Act on availability of small
19 employer insurance in the market;
20 (ii) the number of carriers who have withdrawn from the market or ceased to issue new
21 policies since the implementation of the Small Employer Health Insurance Act;
22 (iii) the expected impact of the open enrollment provisions on the factors described in
23 Subsections (i) and (ii); and
24 (iv) the claims experience, costs, premiums, participation, and viability of the
25 Comprehensive Health Insurance Pool created in Chapter 29.
26 (b) The report to the Legislature shall be submitted in writing to each legislator.
27 Section 48. Section 31A-34-104 (Repealed 07/01/99) is amended to read:
28 31A-34-104 (Repealed 07/01/99). Alliance -- Required license.
29 (1) A person must be licensed as an alliance pursuant to this chapter to directly or
30 indirectly make available or otherwise arrange for health insurance through multiple unaffiliated
31 insurers through the use of coordinated actuarial models, coordinated underwriting, or coordinated

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1 marketing methodologies.
2 (2) (a) A person may not hold itself out as a health insurance purchasing alliance,
3 purchasing alliance, health insurance purchasing cooperative, purchasing cooperative, or otherwise
4 use a similar name unless licensed by the commissioner as an alliance.
5 (b) Notwithstanding Subsection (a), a person may hold itself out as a voluntary health
6 insurance purchasing association without being licensed by the commissioner as provided in
7 Section [31A-33-5] 31A-34-105.
8 (3) To apply for licensure as an alliance, a person shall complete an application in a form
9 designated by the commissioner and file it with the commissioner, together with the applicable
10 filing fees determined by the commissioner under Section 63-38-3.2.
11 Section 49. Section 34-19-2 is amended to read:
12 34-19-2. Injunctive relief prohibited in certain cases.
13 No court, nor any judge or judges of it, shall have jurisdiction to issue any restraining order
14 or temporary or permanent injunction which in specific or general terms prohibits any person or
15 persons from doing, whether singly or in concert, any of the following acts:
16 (1) ceasing or refusing to perform any work or to remain in any relation of employment
17 regardless of any promise, undertaking, contract or agreement to do such work or to remain in such
18 employment;
19 (2) becoming or remaining a member of any labor organization or of any employer
20 organization, regardless of any such undertaking or promise as is described in Section 34-19-3;
21 (3) paying or giving to or withholding from any person any strike or unemployment
22 benefits or insurance or other moneys or things of value;
23 (4) by all lawful means aiding any person who is being proceeded against in or is
24 prosecuting any action or suit in any court of the United States or of any state;
25 (5) giving publicity to and obtaining or communicating information regarding the
26 existence of or the facts involved in any dispute, whether by advertising, speaking, patrolling any
27 public street or any place where any person or persons may lawfully be, without intimidation or
28 coercion, or by any other method not involving fraud, violence, breach of the peace, or threat of
29 same;
30 (6) ceasing to patronize or to employ any person or persons;
31 (7) assembling peaceably to do or to organize to do any of the acts heretofore specified or

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1 to promote lawful interests;
2 (8) advising or notifying any person or persons of an intention to do any of the acts
3 heretofore specified;
4 (9) agreeing with other persons to do or not to do any of the acts heretofore specified;
5 (10) advising, urging, or inducing without fraud, violence, or threat of same, others to do
6 the acts heretofore specified, regardless of any such undertaking or promise as is described in
7 Section [34-39-13] 34-19-3;
8 (11) doing any act or thing which might lawfully be done in the absence of labor dispute
9 by any party thereto; or
10 (12) doing in concert any or all of the acts heretofore specified on the ground that the
11 persons engaged therein constitute an unlawful combination or conspiracy.
12 Section 50. Section 34-41-104 is amended to read:
13 34-41-104. Requirements for identification, collection, and testing of samples.
14 (1) The local governmental entity or state institution of higher education shall ensure that:
15 (a) all sample collection under this chapter is performed by an entity independent of the
16 local government or state institution of higher education;
17 (b) all testing for drugs under this chapter is performed by an independent laboratory
18 certified for employment drug testing by either the Substance Abuse and Mental Health Services
19 Administration or the College of American Pathology;
20 (c) the instructions, chain of custody forms, and collection kits, including bottles and seals,
21 used for sample collection are prepared by an independent laboratory certified for employment
22 drug testing by either the Substance Abuse and Mental Health Services Administration or the
23 College of American Pathology; and
24 (d) sample collection and testing for drugs under this chapter is in accordance with the
25 conditions established in this section.
26 (2) The local governmental entity or state institution of higher education may:
27 (a) require samples from its employees, volunteers, prospective employees, or prospective
28 volunteers;
29 (b) require presentation of reliable identification to the person collecting the samples; and
30 (c) in order to dependably test for the presence of drugs, designate the type of sample to
31 be used for testing.

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1 (3) The local governmental entity or state institution of higher education shall ensure that
2 its ordinance or policy requires that:
3 (a) the collection of samples is performed under reasonable and sanitary conditions;
4 (b) samples are collected and tested:
5 (i) to ensure the privacy of the individual being tested; and
6 (ii) in a manner reasonably calculated to prevent substitutions or interference with the
7 collection or testing of reliable samples;
8 (c) sample collection is appropriately documented to ensure that:
9 (i) samples are labeled and sealed so as reasonably to preclude the probability of erroneous
10 identification of test results; and
11 (ii) employees, volunteers, prospective employees, or prospective volunteers have the
12 opportunity to provide notification of any information:
13 (A) that that person considers relevant to the test, including identification of currently or
14 recently used prescription or nonprescription drugs or other relevant medical information; and
15 (B) in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101
16 through 12213;
17 (d) sample collection, storage, and transportation to the place of testing are performed in
18 a manner that reasonably precludes the probability of sample misidentification, contamination, or
19 adulteration; and
20 (e) sample testing conforms to scientifically accepted analytical methods and procedures.
21 (4) Before the result of any test may be used as a basis for any action by a local
22 governmental entity or state institution of higher education under Section 34-41-105, the local
23 governmental entity or state institution of higher education shall verify or confirm any positive
24 initial screening test by gas chromatography, gas chromatography-mass spectroscopy, or other
25 comparably reliable analytical methods and shall provide that the employee, prospective employee,
26 volunteer, or prospective volunteer be notified as soon as possible by telephone or in writing at the
27 last-known address or telephone number of the result of the initial test, if it is positive, and told
28 of his option to have the 15 ml urine sample tested, at an expense equally divided between the
29 donor and the employer. In addition to the initial test results, the test results of the 15 ml urine
30 sample shall be considered at any subsequent disciplinary hearing if the requirements of this
31 section and Section 34-41-104 have been complied with in the collection, handling, and testing

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1 of these samples.
2 (5) Any drug testing by a local governmental entity or state institution of higher education
3 shall occur during or immediately after the regular work period of the employee or volunteer and
4 shall be considered as work time for purposes of compensation and benefits.
5 (6) The local governmental entity or state institution of higher education shall pay all costs
6 of sample collection and testing for drugs required under its ordinance or policy, including the
7 costs of transportation if the testing of a current employee or volunteer is conducted at a place
8 other than the workplace.
9 Section 51. Section 35A-1-201 (Effective 07/01/97) is amended to read:
10 35A-1-201 (Effective 07/01/97). Executive director -- Appointment -- Removal --
11 Compensation -- Qualifications -- Responsibilities -- Deputy directors -- Reports.
12 (1) (a) The chief administrative officer of the department is the executive director, who
13 shall be appointed by the governor with the advice and consent of the Senate.
14 (b) The executive director serves at the pleasure of the governor.
15 (c) The executive director shall receive a salary established by the governor within the
16 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
17 (d) The executive director shall be experienced in administration, management, and
18 coordination of complex organizations.
19 (2) The executive director shall:
20 (a) administer and supervise the department in compliance with Title 67, Chapter 19, Utah
21 State Personnel Management Act;
22 (b) supervise and coordinate between the regional workforce services areas and regional
23 directors created under [Part] Chapter 2, Regional Workforce Services Areas;
24 (c) coordinate policies and program activities conducted through the divisions and regional
25 workforce services areas of the department;
26 (d) approve the proposed budget of each division, the Workforce Appeals Board, and each
27 regional workforce services area within the department;
28 (e) approve all applications for federal grants or assistance in support of any department
29 program; and
30 (f) fulfill such other duties as assigned by the Legislature or as assigned by the governor
31 that are not inconsistent with this title.

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1 (3) The executive director may appoint deputy or assistant directors to assist the executive
2 director in carrying out the department's responsibilities.
3 (4) (a) The executive director shall report annually to the Legislature and the governor
4 concerning the operations of the department and the programs that the department administers.
5 (b) If federal law requires that a report to the governor or Legislature be given concerning
6 the department or a program administered by the department, the executive director or the
7 executive director's designee shall make that report.
8 (5) The executive director shall at least annually provide for the sharing of information
9 between the advisory councils established under this title.
10 Section 52. Section 35A-3-107 (Effective 07/01/97) is amended to read:
11 35A-3-107 (Effective 07/01/97). Appointment of workers' compensation advisory
12 council -- Composition -- Terms of members -- Duties -- Compensation.
13 (1) The executive director of the department shall appoint a workers' compensation
14 advisory council composed of:
15 (a) the following voting members:
16 (i) five employer representatives; and
17 (ii) five employee representatives; and
18 (b) the following nonvoting members:
19 (i) three members, one representing the Workers' Compensation Fund of Utah, one
20 representing a private insurance carrier, and one representing health care providers;
21 (ii) the Utah insurance commissioner;
22 (iii) each member of the Workforce Appeals Board; and
23 (iv) the executive director or the executive director's designee.
24 [(3)] (2) Employers and employees shall consider nominating members of groups who
25 historically may have been excluded from the council, such as women, minorities, and individuals
26 with disabilities.
27 [(4)] (3) (a) Except as required by Subsection [(4)] (3)(b), as terms of current council
28 members expire, the executive director shall appoint each new member or reappointed member
29 to a four-year term beginning July 1 and ending June 30.
30 (b) Notwithstanding the requirements of Subsection [(4)] (3)(a), the executive director
31 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the

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1 terms of council members are staggered so that approximately half of the council is appointed
2 every two years.
3 [(5)] (4) (a) When a vacancy occurs in the membership for any reason, the replacement
4 shall be appointed for the unexpired term.
5 (b) The executive director shall terminate the terms of any council member who ceases to
6 be representative as designated by his original appointment.
7 [(6)] (5) The council shall confer at least quarterly for the purpose of advising the
8 department, the Division of Labor, Safety, and Program Regulation, and the Legislature on the
9 Utah workers' compensation and occupational disease laws, the administration of them, and related
10 rules.
11 [(7)] (6) The council shall offer advice on issues requested by the department, the Division
12 of Labor, Safety, and Program Regulation, the State Council on Workforce Services, and the
13 Legislature and also make recommendations to the department and the Division of Labor, Safety,
14 and Program Regulation regarding workers' compensation, rehabilitation, and reemployment of
15 employees who are disabled because of an industrial injury or occupational disease.
16 [(8)] (7) The executive director or the executive director's designee shall serve as the chair
17 of the council and call the necessary meetings.
18 [(9)] (8) The department shall provide staff support to the council.
19 [(10)] (9) (a) (i) Members who are not government employees shall receive no
20 compensation or benefits for their services, but may receive per diem and expenses incurred in the
21 performance of the member's official duties at the rates established by the Division of Finance
22 under Sections 63A-3-106 and 63A-3-107.
23 (ii) Members may decline to receive per diem and expenses for their service.
24 (b) (i) State government officer and employee members who do not receive salary, per
25 diem, or expenses from their agency for their service may receive per diem and expenses incurred
26 in the performance of their official duties from the council at the rates established by the Division
27 of Finance under Sections 63A-3-106 and 63A-3-107.
28 (ii) State government officer and employee members may decline to receive per diem and
29 expenses for their service.
30 Section 53. Section 35A-3-308 (Effective 07/01/97) is amended to read:
31 35A-3-308 (Effective 07/01/97). Actions to set aside orders.

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1 (1) (a) Any employer or other person in interest, being dissatisfied with any order of the
2 department requiring protection of life, health, safety, or welfare of employees in any employment
3 or places of employment, may commence an action against the department as defendant in the
4 district court of the county where the property, plant or place of employment affected by the order
5 lies, to set aside, vacate or amend any such order, on the ground that the order is unreasonable or
6 unlawful, and the district court is vested with exclusive original jurisdiction to hear and determine
7 such action.
8 (b) The department shall be served with summons as in other civil actions.
9 (c) The answer of the department shall be filed within ten days after service of summons
10 upon it, and with its answer it shall file a certified transcript of its record in such matter. Upon the
11 filing of the answer the action shall be at issue, and shall be assigned for trial by the court, upon
12 the application of either party, at the earliest possible date.
13 (2) If upon the trial of the action it shall appear that all issues arising in the action have not
14 been presented to the department in the petition filed as provided in [Section 35A-1-120]
15 Subsection 35A-3-306(2), or that the department has not had ample opportunity to hear and
16 determine any of the issues raised in the action, or for any reason has not in fact heard and
17 determined the issues raised, the court shall, unless the parties to the action stipulate to the
18 contrary, before proceeding to render judgment transmit to the department a full statement of the
19 issue or issues not adequately considered, and shall stay further proceedings in such action for 15
20 days from the date of the transmittal, and may thereafter grant further stays as may be necessary.
21 (3) Upon the receipt of statement issued under Subsection (2), the department shall
22 consider the issues not previously considered, and may alter, modify, amend, or rescind its order
23 complained of, and shall report its order to the court, within ten days from the receipt of the
24 statement from the court, for further hearing and consideration. The court shall then order the
25 pleadings to be amended so as to raise the issues resulting from the alteration, modification,
26 amendment, or rescission of the department's order, and shall proceed with the action in the
27 manner provided by law for other civil actions.
28 Section 54. Section 35A-4-104 (Effective 07/01/97) is amended to read:
29 35A-4-104 (Effective 07/01/97). Violations of chapter -- Penalties.
30 (1) (a) Any person who makes a false statement or representation knowing it to be false
31 or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment

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1 under this chapter or under the Unemployment Compensation Law of any state or of the Federal
2 Government, either for himself or for any other person, is guilty of a class A misdemeanor.
3 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
4 (1) shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
5 (c) Each false statement or representation or failure to disclose a material fact constitutes
6 a separate offense.
7 (2) (a) Any employing unit or any officer or agent of an employing unit or any other
8 person who makes a false statement or representation knowing it to be false, or who knowingly
9 fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual
10 entitled thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any
11 contribution or other payment required from an employing unit under this chapter or under the
12 Unemployment Compensation Law of any state or of the federal government, or who willfully
13 fails or refuses to make any such contributions or other payment or to furnish any reports required
14 in this chapter or to produce or permit the inspection or copying of records as required hereunder
15 is guilty of a class A misdemeanor.
16 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
17 (2) shall be not less than $50 and a penalty of imprisonment shall be for not longer than 60 days.
18 (c) Each false statement or representation or failure to disclose a material fact, and each
19 day of the failure or refusal constitutes a separate offense.
20 (3) (a) Any person who willfully violates any provision of this chapter or any order[,] or
21 rule[,] made under this chapter, the violation of which is made unlawful or the observance of
22 which is required under the terms of this chapter, and for which a penalty is neither prescribed in
23 this chapter nor provided by any other applicable statute is guilty of a class A misdemeanor.
24 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
25 (3) shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
26 (c) Each day a violation continues shall be a separate offense.
27 (4) (a) If any employee of the department, in violation of Subsection 35A-4-502(7), makes
28 any disclosure of information obtained from any employing unit or individual in the administration
29 of this chapter, or if any person who has obtained any list of applicants for work, or of claimants
30 or recipients of benefits, under this chapter shall use or permit the use of such list for any political
31 purpose, he is guilty of a class A misdemeanor.

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1 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
2 (4) shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
3 Section 55. Section 35A-6-202 (Effective 07/01/97) is amended to read:
4 35A-6-202 (Effective 07/01/97). Standards -- Procedure for issuance, modification,
5 or revocation by division -- Emergency temporary standard -- Variances from standards --
6 Statement of reasons for administrator's actions -- Judicial review -- Priority for establishing
7 standards.
8 (1) The division, as soon as practicable, shall issue as standards any national consensus
9 standard, any adopted federal standard, or any adopted Utah standard, unless it determines that
10 issuance of the standard would not result in improved safety or health. All codes, standards, and
11 rules adopted under this subsection shall take effect 30 days after publication unless otherwise
12 specified. If any conflict exists between standards, the division shall issue the standard which
13 assures the greatest protection of safety or health for affected employees.
14 (2) The division may issue, modify, or revoke any standard as follows:
15 (a) Whenever the administrator determines upon the basis of information submitted in
16 writing by an interested person, a representative of any organization of employers or employees,
17 a nationally recognized standards-producing organization, the Department of Health and
18 Department of Environmental [Sciences] Quality, or a state agency or political subdivision, or on
19 information developed by the division or otherwise available, that a rule should be promulgated
20 to promote the objectives of this chapter, he may request recommendations from the advisory
21 council. The administrator shall provide the advisory council with proposals, together with all
22 pertinent factual information developed by the division, or otherwise available, including the
23 results of research, demonstrations, and experiments. The advisory council shall submit to the
24 administrator its recommendations regarding the rule to be promulgated within a period as
25 prescribed by the administrator.
26 (b) The division shall publish a proposed rule issuing, modifying, or revoking an
27 occupational safety or health standard and shall afford interested parties an opportunity to submit
28 written data or comments as prescribed by Title 63, Chapter 46a, Utah Administrative Rulemaking
29 Act. When the administrator determines that a rule should be issued, it shall publish the proposed
30 rule after the submission of the advisory council's recommendations or the expiration of the period
31 prescribed by the administrator for submission.

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

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1 (B) a representation by the employer, supported by representations from qualified persons
2 having first-hand knowledge of the facts represented, that he is unable to comply with the standard
3 or some part of the standard and a detailed statement of the reasons the employer is unable to
4 comply;
5 (C) a statement of the measures taken and anticipated with specific dates, to protect
6 employees against the hazard;
7 (D) a statement of when he expects to comply with the standard and what measures he has
8 taken and those anticipated, giving specific dates for compliance; and
9 (E) a certification that he has informed his employees of the application by giving a copy
10 to their authorized representative, posting a statement giving a summary of the application and
11 specifying where a copy may be examined at the place or places where notices to employees are
12 normally posted, and by other appropriate means.
13 (v) The certification required under Subsection (2)(d)(iv) shall contain a description of
14 how employees have been informed. The information to employees required under Subsection
15 (2)(d)(v) shall inform the employees of their right to petition the department for a hearing.
16 (vi) The administrator is authorized to grant a variance from any standard or some part of
17 the standard whenever he determines that it is necessary to permit an employer to participate in
18 a research and development project approved by the administrator to demonstrate or validate new
19 and improved techniques to safeguard the health or safety of workers.
20 (e) (i) Any standard issued under this subsection shall prescribe the use of labels or other
21 forms of warning necessary to ensure that employees are apprised of all hazards, relevant
22 symptoms and emergency treatment, and proper conditions and precautions of safe use or
23 exposure. Where appropriate, a standard shall prescribe suitable protective equipment and control
24 or technological procedures for use in connection with such hazards and provide for monitoring
25 or measuring employee exposure at such locations and intervals, and in a manner necessary for the
26 protection of employees. In addition, any such standard shall prescribe the type and frequency of
27 medical examinations or other tests which shall be made available by the employer, or at his cost,
28 to employees exposed to hazards in order to most effectively determine whether the health of
29 employees is adversely affected by exposure. If medical examinations are in the nature of research
30 as determined by the division, the examinations may be furnished at division expense. The results
31 of such examinations or tests shall be furnished only to the division; and, at the request of the

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1 employee, to his physician.
2 (ii) The administrator may by rule make appropriate modifications in requirements for the
3 use of labels or other forms of warning, monitoring or measuring, and medical examinations
4 warranted by experience, information, or medical or technological developments acquired
5 subsequent to the promulgation of the relevant standard.
6 (f) Whenever a rule issued by the administrator differs substantially from an existing
7 national consensus standard, the division shall publish a statement of the reasons why the rule as
8 adopted will better effectuate the purposes of this chapter than the national consensus standard.
9 (g) Whenever a rule, standard, or national consensus standard is modified by the secretary
10 so as to make less restrictive the federal Williams-Steiger Occupational Safety and Health Act of
11 1970, said less restrictive modification shall be immediately applicable to this chapter and shall
12 be immediately implemented by the division.
13 (3) (a) The administrator shall provide an emergency temporary standard to take
14 immediate effect upon publication if he determines that:
15 (i) employees are exposed to grave danger from exposure to substances or agents
16 determined to be toxic or physically harmful or from new hazards; and
17 (ii) that the standard is necessary to protect employees from danger.
18 (b) An emergency standard shall be effective until superseded by a standard issued in
19 accordance with the procedures prescribed in Subsection (3)(c).
20 (c) Upon publication of an emergency standard the division shall commence a proceeding
21 in accordance with Subsection (2) and the standard as published shall serve as a proposed rule for
22 the proceedings. The division shall issue a standard under Subsection (3) no later than 120 days
23 after publication of the emergency standard.
24 (4) (a) Any affected employer may apply to the division for a rule or order for a variance
25 from a standard issued under this section. Affected employees shall be given notice of each
26 application and may participate in a hearing. The administrator shall issue such rule or order if he
27 determines on the record, after opportunity for an inspection where appropriate and a hearing, that
28 the proponent of the variance has demonstrated by a preponderance of the evidence that the
29 conditions, practices, means, methods, operations, or processes used or proposed to be used by an
30 employer will provide employment and a workplace to his employees which are as safe and
31 healthful as those which would prevail if he complied with the standard.

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1 (b) The rule or order issued under Subsection (4)(a) shall prescribe the conditions the
2 employer must maintain, and the practices, means, methods, operations and processes which he
3 must adopt and utilize to the extent they differ from the standard in question.
4 (c) A rule or order issued under Subsection (4)(a) may be modified or revoked upon
5 application by an employer, employees, or by the administrator on its own motion, in the manner
6 prescribed for its issuance under Subsection (4) at any time after six months from its issuance.
7 (5) Whenever the administrator issues any code, standard, rule, order, or grants any
8 exemption or extension of time, or compromises, mitigates, or settles any penalty assessed under
9 this chapter, he shall include a statement of the reasons for his action.
10 (6) Any person adversely affected by a standard issued under this section, at any time prior
11 to 60 days after a standard is issued, may file a petition challenging its validity with the district
12 court having jurisdiction for judicial review. A copy of the petition shall be served upon the
13 division by the petitioner. The filing of a petition shall not, unless otherwise ordered by the court,
14 operate as a stay of the standard. The determinations of the division shall be conclusive if
15 supported by substantial evidence on the record as a whole.
16 (7) In determining the priority for establishing standards under this section, the division
17 shall give due regard to the urgency of the need for mandatory safety and health standards for
18 particular industries, trades, crafts, occupations, businesses, workplaces or work environments.
19 The administrator shall also give due regard to the recommendations of the Department of Health
20 and Department of Environmental [Sciences] Quality about the need for mandatory standards in
21 determining the priority for establishing such standards.
22 Section 56. Section 36-1-3 is amended to read:
23 36-1-3. Official maps of Senate districts.
24 (1) Following enactment of the Utah Senate districting plan established in Section 36-1-1,
25 the Legislature shall file with the lieutenant governor's office official maps which accurately show
26 the boundaries of the Senate districts as established in Section 36-1-1.
27 (2) Each county clerk shall obtain copies of the official maps for the clerk's county from
28 the lieutenant governor's office. Before all elections and pursuant to Section [17-5-212]
29 20A-5-303, each county clerk shall establish the voting districts within each of the Senate districts.
30 (3) In questions of interpretation of district boundaries described in Section 36-1-1, the
31 official maps on file in the lieutenant governor's office shall serve as the indication of the

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1 legislative intent in drawing the Senate district boundaries.
2 Section 57. Section 36-1-5 is amended to read:
3 36-1-5. Official maps of House districts.
4 (1) Following enactment of the Utah House of Representatives districting plan established
5 in Section 36-1-4, the Legislature shall file with the lieutenant governor's office official maps
6 which accurately show the boundaries of the house districts as established in Section 36-1-4.
7 (2) Each county clerk shall obtain copies of the official maps for the clerk's county from
8 the lieutenant governor's office. Before all elections and pursuant to Section [17-5-212]
9 20A-5-303, each county clerk shall establish the voting districts within each of the House districts.
10 (3) In questions of interpretation of district boundaries described in Section 36-1-4, the
11 official maps on file in the lieutenant governor's office shall serve as the indication of the
12 legislative intent in drawing the House district boundaries.
13 Section 58. Section 38-11-202 is amended to read:
14 38-11-202. Payments to the fund.
15 The Residence Lien Recovery Fund shall be supported solely from:
16 (1) initial and special assessments collected by the division from licensed contractors
17 registered as qualified beneficiaries in accordance with Subsections 38-11-301(1) and (2) and
18 Section 38-11-206;
19 (2) initial and special assessments collected by the division from other qualified
20 beneficiaries registering with the division in accordance with Subsection 38-11-301(3) and Section
21 38-11-206;
22 (3) fees determined by the division under Section 63-38-3.2 collected from laborers under
23 Subsection 38-11-204(5) when the laborers obtain a recovery from the fund;
24 (4) amounts collected by subrogation under Section 38-11-205 on behalf of the fund
25 following a payment from the fund;
26 (5) application fees determined by the division under Section 63-38-3.2 collected from
27 qualified beneficiaries or laborers under Subsection 38-11-204(1)(b) when qualified beneficiaries
28 or laborers make a claim against the fund;
29 (6) registration fees determined by the division under Section 63-38-3.2 collected from
30 other qualified beneficiaries registering with the department in accordance with Subsection
31 [38-11-301(3)(c)] 38-11-301(3)(a)(iii);

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1 (7) reinstatement fees determined by the division under Section 63-38-3.2 collected from
2 registrants in accordance with Subsection 38-11-302(5)(b);
3 (8) civil fines authorized under Subsection 38-11-205(2) collected by the attorney general
4 for failure to reimburse the fund; and
5 (9) any interest earned by the fund.
6 Section 59. Section 39-2-1 is amended to read:
7 39-2-1. Members -- A body corporate -- Powers -- Expenses.
8 (1) (a) The State Armory Board shall consist of the governor, the chair of the State
9 Building Board, and the adjutant general.
10 (b) It shall be a body corporate with perpetual succession.
11 (c) It may have and use a common seal, and under the name aforesaid may sue and be
12 sued, and contract and be contracted with.
13 (d) It may take and hold by purchase, gift, devise, grant, or bequest real and personal
14 property required for its use.
15 (e) It may also convert property received by gift, devise, or bequest, and not suitable for
16 its uses, into other property so available, or into money.
17 (2) The board shall have power to:
18 (a) borrow money for the purpose of erecting arsenals and armories upon the sole credit
19 of the real property to which it has the legal title; and
20 (b) may secure such loans by mortgage upon such property:
21 (i) the mortgaged property shall be the sole security for such loan; and
22 (ii) no deficiency judgment shall be made, rendered, or entered against the board upon the
23 foreclosure of the mortgage; provided, however, that property in one city shall not be mortgaged
24 for the purpose of obtaining money for the erection of armories in any other place. Said board
25 shall be deemed a public corporation, and its property shall be exempt from all taxes and
26 assessments.
27 [(4)] (3) (a) State government officer and employee members who do not receive salary,
28 per diem, or expenses from their agency for their service may receive per diem and expenses
29 incurred in the performance of their official duties from the board at the rates established by the
30 Division of Finance under Sections 63A-3-106 and 63A-3-107.
31 (b) State government officer and employee members may decline to receive per diem and

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1 expenses for their service.
2 Section 60. Section 41-1a-215 is amended to read:
3 41-1a-215. Staggered registration dates - Exceptions.
4 (1) (a) Except under Subsections (2) and (3), every vehicle registration, every registration
5 card, and every registration plate issued under this chapter for the first registration of the vehicle
6 in this state, continues in effect for a period of 12 months beginning with the first day of the
7 calendar month of registration and does not expire until the last day of the same month in the
8 following year.
9 (b) If the last day of the registration period falls on a day in which the appropriate state or
10 county offices are not open for business, the registration of the vehicle is extended to midnight of
11 the next business day.
12 (2) The provisions of Subsection (1) do not apply to the following:
13 (a) registration issued to government vehicles under Section 41-1a-221;
14 (b) registration issued to apportioned vehicles under Section 41-1a-301;
15 (c) multiyear registration issued under Section 41-1a-222;
16 (d) lifetime trailer registration issued under Section 41-1a-1206;
17 (e) partial year registration issued under Section 41-1a-1207;
18 (f) vintage vehicle registration issued under Section [41-21-2] 41-1a-226; or
19 (g) plates issued to a dealer, dismantler, manufacturer, remanufacturer, and transporter
20 under Title 41, Chapter 3, Part 5, Special Dealer License Plates.
21 (3) (a) Upon application of the owner or lessee of a fleet of vehicles required to be
22 registered in this state, the State Tax Commission may permit the vehicles to be registered for a
23 registration period commencing on January 1 of any year and expiring on the last day of January
24 in the following year.
25 (b) "Fleet," for purposes of this subsection, means more than ten vehicles registered to the
26 same owner or lessee.
27 (4) When the expiration of a registration plate is extended by affixing a validation decal
28 to it, the expiration of the decal governs the expiration date of the plate.
29 Section 61. Section 41-6-44.10 is amended to read:
30 41-6-44.10. Implied consent to chemical tests for alcohol or drug -- Number of tests
31 -- Refusal -- Warning, report -- Hearing, revocation of license -- Appeal -- Person incapable

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1 of refusal -- Results of test available -- Who may give test -- Evidence.
2 (1) (a) A person operating a motor vehicle in this state is considered to have given his
3 consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining
4 whether he was operating or in actual physical control of a motor vehicle while having a blood or
5 breath alcohol content statutorily prohibited under Section 41-6-44 or 53-3-231, while under the
6 influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44, or
7 while having any measurable controlled substance or metabolite of a controlled substance in the
8 person's body in violation of Section 41-6-44.6, if the test is or tests are administered at the
9 direction of a peace officer having grounds to believe that person to have been operating or in
10 actual physical control of a motor vehicle while having a blood or breath alcohol content
11 statutorily prohibited under Section 41-6-44 or 53-3-231, or while under the influence of alcohol,
12 any drug, or combination of alcohol and any drug under Section 41-6-44, or while having any
13 measurable controlled substance or metabolite of a controlled substance in the person's body in
14 violation of Section 41-6-44.6.
15 (b) (i) The peace officer determines which of the tests are administered and how many of
16 them are administered.
17 (ii) If an officer requests more than one test, refusal by a person to take one or more
18 requested tests, even though he does submit to any other requested test or tests, is a refusal under
19 this section.
20 (c) (i) A person who has been requested under this section to submit to a chemical test or
21 tests of his breath, blood, or urine, may not select the test or tests to be administered.
22 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
23 not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal,
24 civil, or administrative proceeding resulting from a person's refusal to submit to the requested test
25 or tests.
26 (2) (a) If the person has been placed under arrest, has then been requested by a peace
27 officer to submit to any one or more of the chemical tests under Subsection (1), and refuses to
28 submit to any chemical test requested, the person shall be warned by the peace officer requesting
29 the test or tests that a refusal to submit to the test or tests can result in revocation of the person's
30 license to operate a motor vehicle.
31 (b) Following the warning under Subsection (a), if the person does not immediately

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1 request that the chemical test or tests as offered by a peace officer be administered a peace officer
2 shall serve on the person, on behalf of the Driver License Division, immediate notice of the Driver
3 License Division's intention to revoke the person's privilege or license to operate a motor vehicle.
4 When the officer serves the immediate notice on behalf of the Driver License Division, he shall:
5 (i) take the Utah license certificate or permit, if any, of the operator;
6 (ii) issue a temporary license effective for only 29 days; and
7 (iii) supply to the operator, on a form approved by the Driver License Division, basic
8 information regarding how to obtain a hearing before the Driver License Division.
9 (c) A citation issued by a peace officer may, if approved as to form by the Driver License
10 Division, serve also as the temporary license.
11 (d) The peace officer shall submit a signed report, within five days after the date of the
12 arrest, that he had grounds to believe the arrested person had been operating or was in actual
13 physical control of a motor vehicle while having a blood or breath alcohol content statutorily
14 prohibited under Section 41-6-44 or 53-3-231, while under the influence of alcohol, any drug, or
15 combination of alcohol and any drug under Section 41-6-44, or while having any measurable
16 controlled substance or metabolite of a controlled substance in the person's body in violation of
17 Section 41-6-44.6, and that the person had refused to submit to a chemical test or tests under
18 Subsection (1).
19 (e) (i) A person who has been notified of the Driver License Division's intention to revoke
20 his license under this section is entitled to a hearing.
21 (ii) A request for the hearing shall be made in writing within ten days after the date of the
22 arrest.
23 (iii) Upon written request, the division shall grant to the person an opportunity to be heard
24 within 29 days after the date of arrest.
25 (iv) If the person does not make a timely written request for a hearing before the division,
26 his privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the
27 date of arrest for a period of:
28 (A) one year unless Subsection (B) applies; or
29 (B) 18 months if the person has had a previous license sanction after July 1, 1993, under
30 this section, Section, 41-6-44.6, 53-3-223, or 53-3-231 or a conviction after July 1, 1993, under
31 Section 41-6-44.

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1 (f) If a hearing is requested by the person and conducted by the Driver License Division,
2 the hearing shall be documented and shall cover the issues of:
3 (i) whether a peace officer had reasonable grounds to believe that a person was operating
4 a motor vehicle in violation of Section 41-6-44, [44-6-44.6] 41-6-44.6, or 53-3-231; and
5 (ii) whether the person refused to submit to the test.
6 (g) (i) In connection with the hearing, the division or its authorized agent:
7 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
8 the production of relevant books and papers; and
9 (B) shall issue subpoenas for the attendance of necessary peace officers.
10 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
11 accordance with the rates established in Section 21-5-4.
12 (h) If after a hearing, the Driver License Division determines that the person was requested
13 to submit to a chemical test or tests and refused to submit to the test or tests, or if the person fails
14 to appear before the Driver License Division as required in the notice, the Driver License Division
15 shall revoke his license or permit to operate a motor vehicle in Utah beginning on the date the
16 hearing is held for a period of:
17 (i) (A) one year unless Subsection (B) applies; or
18 (B) 18 months if the person has had a previous license sanction after July 1, 1993, under
19 this section, Section 53-3-223, 41-6-44.6, or 53-3-231 or a conviction after July 1, 1993, under
20 Section 41-6-44.
21 (ii) The Driver License Division shall also assess against the person, in addition to any fee
22 imposed under Subsection 53-3-205(14), a fee under Section 53-3-105, which shall be paid before
23 the person's driving privilege is reinstated, to cover administrative costs.
24 (iii) The fee shall be cancelled if the person obtains an unappealed court decision
25 following a proceeding allowed under this subsection that the revocation was improper.
26 (i) (i) Any person whose license has been revoked by the Driver License Division under
27 this section may seek judicial review.
28 (ii) Judicial review of an informal adjudicative proceeding is a trial. Venue is in the district
29 court in the county in which the person resides.
30 (3) Any person who is dead, unconscious, or in any other condition rendering him
31 incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the

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1 consent provided for in Subsection (1), and the test or tests may be administered whether the
2 person has been arrested or not.
3 (4) Upon the request of the person who was tested, the results of the test or tests shall be
4 made available to him.
5 (5) (a) Only a physician, registered nurse, practical nurse, or person authorized under
6 Section 26-1-30, acting at the request of a peace officer, may withdraw blood to determine the
7 alcoholic or drug content. This limitation does not apply to taking a urine or breath specimen.
8 (b) Any physician, registered nurse, practical nurse, or person authorized under Section
9 26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom
10 a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
11 facility at which the sample is drawn, is immune from any civil or criminal liability arising from
12 drawing the sample, if the test is administered according to standard medical practice.
13 (6) (a) The person to be tested may, at his own expense, have a physician of his own
14 choice administer a chemical test in addition to the test or tests administered at the direction of a
15 peace officer.
16 (b) The failure or inability to obtain the additional test does not affect admissibility of the
17 results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or
18 tests to be taken at the direction of a peace officer.
19 (c) The additional test shall be subsequent to the test or tests administered at the direction
20 of a peace officer.
21 (7) For the purpose of determining whether to submit to a chemical test or tests, the person
22 to be tested does not have the right to consult an attorney or have an attorney, physician, or other
23 person present as a condition for the taking of any test.
24 (8) If a person under arrest refuses to submit to a chemical test or tests or any additional
25 test under this section, evidence of any refusal is admissible in any civil or criminal action or
26 proceeding arising out of acts alleged to have been committed while the person was operating or
27 in actual physical control of a motor vehicle while under the influence of alcohol, any drug,
28 combination of alcohol and any drug, or while having any measurable controlled substance or
29 metabolite of a controlled substance in the person's body.
30 Section 62. Section 41-12a-803 is amended to read:
31 41-12a-803. Program creation -- Administration -- Selection of designated agent --

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

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1 (1) Information in the database established under Section 41-12a-803 provided by a person
2 to the designated agent is considered to be the property of the person providing the information.
3 The information may not be disclosed from the database under Title 63, Chapter 2, Government
4 Records Access and Management Act, or otherwise, except as follows:
5 (a) for the purpose of investigating, litigating, or enforcing the owner's or operator's
6 security requirement under Section 41-12a-301, the designated agent shall verify insurance through
7 the state computer network for a state or local government agency;
8 (b) for the purpose of investigating, litigating, or enforcing the owner's or operator's
9 security requirement under Section 41-12a-301, the designated agent shall, upon request, issue to
10 any state or local government agency a certificate documenting the insurance status, according to
11 the database, of a specific individual or motor vehicle for the time period designated by the
12 government agency; and
13 (c) upon request, the department shall disclose whether or not a person is an insured
14 individual to:
15 (i) that individual;
16 (ii) the parent or legal guardian of that individual if the individual is an unemancipated
17 minor;
18 (iii) the legal guardian of that individual if the individual is legally incapacitated;
19 (iv) a person who has power of attorney from the insured individual;
20 (v) a person who submits a notarized release from the insured individual dated no more
21 than 90 days before the date the request is made; or
22 (vi) a person suffering loss or injury in a motor vehicle accident in which the insured
23 individual is involved, but only as part of an accident report as authorized in Section 41-12a-202.
24 (2) Any person who knowingly releases or discloses information from the database for a
25 purpose other than those authorized in this section or to a person who is not entitled to it is guilty
26 of a third degree felony.
27 (3) An insurer is not liable to any person for complying with Section [31A-22-314]
28 31A-22-315 by providing information to the designated agent.
29 (4) Neither the state nor the department's designated agent are liable to any person for
30 gathering, managing, or using the information in the database as provided in Section [31A-22-314]
31 31A-22-315 and this part.

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1 Section 64. Section 48-2b-102 is amended to read:
2 48-2b-102. Definitions.
3 (1) "Bankruptcy" includes bankruptcy under federal bankruptcy law or under Utah
4 insolvency law.
5 (2) "Business" includes every trade, occupation, or profession.
6 (3) "Division" means the Division of Corporations and Commercial Code of the
7 Department of Commerce.
8 (4) "Foreign limited liability company" means a limited liability company organized under
9 the laws of any other jurisdiction.
10 (5) "Limited liability company" or "company" means a business entity organized under
11 this chapter.
12 (6) "Person" means an individual, general partnership, limited partnership, limited liability
13 company, limited association, domestic or foreign trust, estate, association, or corporation.
14 (7) "Professional services" means the personal services rendered by:
15 (a) an architect holding a license under Title 58, Chapter [3] 3a, Architects Licensing Act,
16 and any subsequent laws regulating the practice of architecture;
17 (b) an attorney granted the authority to practice law by the Supreme Court of the state of
18 Utah as provided in Title 78, Chapter 51;
19 (c) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
20 Practice Act, and any subsequent laws regulating the practice of chiropractic;
21 (d) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentists and Dental
22 Hygienists Practice Act, and any subsequent laws regulating the practice of dentistry;
23 (e) a professional engineer registered under Title 58, Chapter 22, Professional Engineers
24 and Land Surveyors Licensing Act;
25 (f) a naturopath holding a license under Title 58, Chapter [12, Part 3] 71, Naturopathic
26 Physician Practice Act, and any subsequent laws regulating the practice of naturopathy;
27 (g) a nurse licensed under Title 58, Chapter 31, Nurse Practice Act, or Title 58, Chapter
28 44a, Nurse Midwife Practice Act;
29 (h) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
30 Act, and any subsequent laws regulating the practice of optometry;
31 (i) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah

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1 Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
2 (j) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
3 any subsequent laws regulating the practice of pharmacy;
4 (k) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter
5 67, Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
6 (l) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist
7 Practice Act, and any subsequent laws regulating the practice of physical therapy;
8 (m) a podiatric physician holding a license under Title 58, Chapter 5a, [Podiatrist]
9 Podiatric Physician Licensing Act, and any subsequent laws regulating the practice of chiropody;
10 (n) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing
11 Act, and any subsequent laws regulating the practice of psychology;
12 (o) a public accountant holding a license under Title 58, Chapter 26, Certified Public
13 Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
14 (p) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
15 Division of Real Estate, and any subsequent laws regulating the sale, exchange, purchase, rental,
16 or leasing of real estate;
17 (q) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part
18 2, Social Worker Licensing Act, and any subsequent laws regulating the practice of social work;
19 and
20 (r) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and
21 any subsequent laws regulating the practice of veterinary medicine.
22 (8) "Regulating board" means the board organized pursuant to state law that is charged
23 with the licensing and regulation of the practice of the profession that a limited liability company
24 is organized to render.
25 (9) "State" means a state, territory, or possession of the United States, the District of
26 Columbia, or the Commonwealth of Puerto Rico.
27 (10) "Successor limited liability company" means the surviving or resulting limited
28 liability company existing pursuant to a merger or consolidation of two or more limited liability
29 companies.
30 Section 65. Section 49-2-402 is amended to read:
31 49-2-402. Service retirement plans -- Calculation of retirement benefit -- Social

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1 Security limitations -- Board authority to adjust formula -- Computation of benefits for
2 segments of service.
3 (1) There are six service retirement plans available to members of the system. Plan One
4 is as follows, with Plans Two, Three, Four, Five, and Six established under Section 49-2-403.
5 (2) Except for members of this system who meet the requirements of Section 49-2-802,
6 upon the service retirement of a member under Section 49-2-401, the member shall receive a
7 retirement allowance consisting of an annuity, a pension based on prior service and a pension
8 based on current service, the total of which is determined as follows:
9 (a) If the member has attained the age of 65 years, the retirement allowance is:
10 (i) (A) an amount equal to 1.10% of the member's final average monthly salary, multiplied
11 by the number of years of service credited for service rendered prior to July 1, 1967; plus
12 [(ii)] (B) an amount equal to 1.25% of the member's final average monthly salary
13 multiplied by the number of years of service credited for service rendered on and after July 1,
14 1967, through June 30, 1975; plus
15 [(iii)] (C) an amount equal to 2% of the member's final average monthly salary multiplied
16 by the number of years of service credited for service rendered on and after July 1, 1975.
17 (ii) In no case may that part of a retiring member's allowance, based upon prior service,
18 as provided in Subsection (2)(a)(i)(A) be less than 1.15% of that member's final average monthly
19 salary if the final average monthly salary is $500 or less, multiplied by the number of prior service
20 years standing to the member's credit at retirement.
21 (b) If the member is less than 65 years old, the retirement allowance shall be reduced 3%
22 for each year of retirement from age 60 to age 65, unless the member has 30 or more years of
23 credit in which event no reduction is made to the allowance.
24 (3) Years of service includes any fractions of years of service to which the member may
25 be entitled. Service amounting to 9/10 of one year constitutes a year of service credit in the
26 computation of a retirement benefit.
27 (4) (a) The final average salary is limited in the computation of that part of a member's
28 prior service retirement allowance based on service rendered during a period when the member
29 received employer contributions on a portion of compensation from an educational institution
30 toward the payment of the premium required on a retirement annuity contract with the Teachers'
31 Insurance and Annuity Association of America or with any other public or private system,

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1 organization, or company to $4,800. This limitation is not applicable to members who elected to
2 continue in the state retirement system by July 1, 1967.
3 (b) Periods of service which are exempt from this system under Subsection 49-2-205(3),
4 not to exceed four years, may be purchased by the member for the purpose of retirement.
5 Section 66. Section 51-4-2 is amended to read:
6 51-4-2. Deposits by political subdivisions.
7 (1) As used in this section:
8 (a) "Officer" means each:
9 (i) county treasurer, county auditor, county assessor, county clerk, [clerk of the circuit
10 court,] city treasurer, city clerk, justice court judge; and
11 (ii) other officer of a political subdivision.
12 (b) "Political subdivision" means a county, city, town, school district, and special district.
13 (2) (a) Each officer shall deposit all public funds daily whenever practicable but not later
14 than three days after receipt.
15 (b) Each officer shall deposit all public funds only in qualified depositories unless the
16 public funds need to be deposited in a bank outside Utah in order to provide for:
17 (i) payment of maturing bonds or other evidences of indebtedness; or
18 (ii) payment of the interest on bonds or other evidences of indebtedness.
19 (3) (a) (i) Each officer shall require all checks to be made payable to the office of the
20 officer receiving funds or to the political subdivision's treasurer.
21 (ii) An officer may not accept a check unless it is made payable to the office of the officer
22 receiving funds or to the political subdivision's treasurer.
23 (b) Each officer shall deposit all monies he collects into an account controlled by his
24 political subdivision's treasurer.
25 (4) (a) Except as provided in Subsection (b) and unless a shorter time for depositing funds
26 is otherwise required by law, each political subdivision that has collected funds that are due to the
27 state or to another political subdivision of the state shall, on or before the tenth day of each month,
28 pay all of those funds that were receipted during the last month:
29 (i) to a qualified depository for the credit of the appropriate public treasurer; or
30 (ii) to the appropriate public treasurer.
31 (b) Property tax collections shall be apportioned and paid according to Section 59-2-1365.

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1 Section 67. Section 53-5-703 is amended to read:
2 53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.
3 (1) There is created within the division the Concealed Weapon Review Board.
4 (2) (a) The board is comprised of not more than five members appointed by the
5 commissioner on a bipartisan basis.
6 (b) The board shall include a member representing law enforcement and at least two
7 citizens, one of whom represents sporting interests.
8 (3) (a) Except as required by Subsection (b), as terms of current board members expire,
9 the [governor] commissioner shall appoint each new member or reappointed member to a four-year
10 term.
11 (b) Notwithstanding the requirements of Subsection (a), the [governor] commissioner
12 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
13 terms of board members are staggered so that approximately half of the board is appointed every
14 two years.
15 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
16 appointed for the unexpired term.
17 (5) (a) (i) Members who are not government employees shall receive no compensation or
18 benefits for their services, but may receive per diem and expenses incurred in the performance of
19 the member's official duties at the rates established by the Division of Finance under Sections
20 63A-3-106 and 63A-3-107.
21 (ii) Members may decline to receive per diem and expenses for their service.
22 (b) (i) State government officer and employee members who do not receive salary, per
23 diem, or expenses from their agency for their service may receive per diem and expenses incurred
24 in the performance of their official duties from the board at the rates established by the Division
25 of Finance under Sections 63A-3-106 and 63A-3-107.
26 (ii) State government officer and employee members may decline to receive per diem and
27 expenses for their service.
28 (6) The board shall meet at least quarterly, unless the board has no business to conduct
29 during that quarter.
30 (7) The board, upon receiving a timely filed petition for review, shall review the denial or
31 revocation of a permit to carry a concealed weapon.

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1 Section 68. Section 53-9-110 is amended to read:
2 53-9-110. Application for registration and apprentice card -- Registration period --
3 Cancellation.
4 (1) Every application for registration shall provide information to assist the commissioner
5 in determining the applicant's ability to meet the requirements prescribed in this chapter and
6 contain the following:
7 (a) the full name and address of the applicant;
8 (b) two passport-size color photographs of the applicant;
9 (c) the name of the agency for which the applicant will be an employee, apprentice, or
10 contract registrant;
11 (d) authorization of the qualifying party or his designee to issue an employee, apprentice,
12 or contract registration; and
13 (e) a verified statement of the applicant's experience and qualifications.
14 (2) An application for an employee, apprentice, or contract registration or renewal shall
15 be accompanied by:
16 (a) the fee prescribed in Section 53-9-111; and
17 (b) a surety bond in the amount of $10,000.
18 (3) An original employee, apprentice, or contract registration is valid from the date of
19 issuance to the date of expiration of the agency license under which the employee, apprentice, or
20 contract registrant is employed. The renewal period of an employee, apprentice, or contract
21 registration runs concurrently with the agency license. An employee, apprentice, or contract
22 registration may be denied as described in Subsections [58-9-113] 53-9-113(2) and (3) and shall
23 be canceled upon the cancellation, termination, or revocation of the agency license under which
24 the employee or contract registration is issued.
25 (4) An employee or apprentice registration or renewal shall not be issued to an applicant
26 unless the employer has on file with the department evidence of current workers' compensation
27 coverage and may be reinstated only on verification of the reinstatement of workers' compensation
28 coverage and payment of the reinstatement fee prescribed in Section 53-9-111. This does not
29 apply to the contract registrant.
30 Section 69. Section 53A-1a-303.5 is amended to read:
31 53A-1a-303.5. Modified program.

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1 (1) (a) For the fiscal year beginning July 1, 1996, the State Board of Education, in
2 collaboration with the governor's office, shall select ten schools or centennial clusters for
3 participation in a modified Centennial Schools program from a pool of applicants who demonstrate
4 the most widespread parent/guardian and school staff support.
5 (b) The school applicants shall have completed three years, or be in the third year of
6 completion, as a centennial school.
7 (c) As used in this section, "centennial cluster" means two or more public schools in
8 which;
9 (i) the schools have a feeder school relationship, such as an elementary school that feeds
10 into a middle school or junior high school;
11 (ii) at least one of the schools is currently or has been a centennial school selected under
12 Section 53A-1a-303; and
13 (iii) participation of a noncentennial school in the cluster is on a voluntary basis with
14 demonstrated support from the parents of a majority of the students who attend the school.
15 (2) The modified program shall run for at least three years, subject to reauthorization by
16 the Legislature based upon an evaluation and the achievement of the student performance goals
17 required under Subsection 53A-1a-302(2)(d)(i).
18 (3) Except as otherwise provided in this section, the selected schools are subject to the
19 qualification requirements listed in Section 53A-1a-302, the appropriation provisions listed in
20 Section 53A-1a-303, and the reporting requirements listed in Section 53A-1a-304.
21 (4) (a) The school directors at a selected school shall consist of an equal number of
22 individuals employed at the school and parents or guardians of students attending the school who
23 are not also employed at the school and the school's principal.
24 (b) Each employee director is elected by a majority vote of the employees at the school
25 and serves a two-year term.
26 (c) Each parent director is elected at an election held at the school by a majority vote of
27 those voting at the election and serves a two-year term.
28 (d) Only parents or guardians of students attending the school may vote at the election
29 held under Subsection [(2)(c)(i)] (4)(c).
30 (e) Written notice of the elections held under Subsections (4)(b) and (c) shall be given at
31 least two weeks prior to the elections.

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1 (f) Employee and parent directors may serve up to three successive terms.
2 (g) Initial terms shall be staggered so that no more than 50% of the directors stand for
3 election in any one year.
4 (5) (a) The school directors may request and receive a waiver from the state or local board
5 of education of any rule or policy that prevents or inhibits the school from achieving its
6 performance goals, unless approval of the request would conflict with state or federal laws or put
7 the school out of compliance with matters related to health, safety, welfare, civil rights, and
8 insurance.
9 (b) If the waiver relates to a contract between the district and its employees, then the entity
10 that represented the employees in obtaining the agreement must also agree to the waiver.
11 (6) (a) A local board of education, in consultation with the school directors of a selected
12 school, shall identify education monies which shall flow directly to the school.
13 (b) The school directors shall manage the monies received under Subsection (6)(a) in such
14 a manner as to accomplish the school's performance goals and may use the services of the school
15 district to do so or contract out with other public or private providers for goods and services
16 required at the school.
17 (c) Expenditures of monies received under Subsection (6)(a) are subject to procedures and
18 restrictions established under the Public Officers and Employees Ethics Act, the Procurement
19 Code, and accounting rules of the State Board of Education.
20 (7) (a) The state board shall closely monitor the activities of each participant school and
21 provide assistance if requested by the directors.
22 (b) The state board, in collaboration with the school directors, shall prepare an annual
23 evaluation of each school's performance, including a financial component on the expenditure of
24 monies received under this subsection.
25 (8) The State Board of Education shall, after consulting with the affected local school
26 boards, schools, and parents of students at the schools, adopt rules for implementation of this
27 section.
28 Section 70. Section 53A-11-901.5, which is renumbered from Section 53A-11-12 is
29 renumbered and amended to read:
30 [53A-11-12]. 53A-11-901.5. Period of silence.
31 A teacher may provide for the observance of a period of silence each school day in a public

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1 school.
2 Section 71. Section 53A-20-102 is amended to read:
3 53A-20-102. Superintendent to approve school building project plans -- Conditions
4 for approval.
5 (1) If the total annual accumulative building project costs for any contract for construction
6 or alteration of a school building exceed $100,000, the superintendent of public instruction or the
7 superintendent's designee must approve and endorse the plans and specifications prior to the
8 commencement of construction or alteration.
9 (2) Approval must be given if it is determined that:
10 (a) the project is necessary to meet program requirements, ensure safety, contain costs,
11 correct existing or reasonably anticipated overcrowding, or resolve some other substantial
12 problem;
13 (b) the plans and specifications provide for functional utility, economy, and a reasonable
14 balance between initial and long-term costs;
15 (c) the plans and specifications comply with the Uniform Building Code, including any
16 modifications or additions adopted by the State Board of Education, with the approval of the state
17 fire marshal, and the State Building Board;
18 (d) the architect for the project has certified that the plans and specifications comply with
19 all standards and building code requirements imposed under this chapter;
20 (e) if the estimated building project cost exceeds $300,000, the school district has made
21 value engineering reviews of the plans and specifications; and
22 (f) the district has complied with the requirements of [Sections 53A-20-107] Section
23 10-9-106 or 17-27-105 and Section 53A-20-108.
24 (3) (a) A district may submit project plans and specifications for approval by the state
25 superintendent under this section even though the costs do not exceed the requirements of
26 Subsection (1).
27 (b) If a district chooses to proceed without state superintendent approval on a project
28 exempt from Subsection (1), the district superintendent shall ensure that the requirements of
29 Subsections (2)(c) and (f) are met.
30 Section 72. Section 53A-20a-106 is amended to read:
31 53A-20a-106. Deposit of bond proceeds -- State Building Board responsibilities --

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1 Approval of Division of Facilities Construction and Management.
2 (1) The board's treasurer or other fiscal officer, with the approval of the state treasurer,
3 shall deposit the proceeds from the sale of bonds under this chapter into a special construction trust
4 fund account established in compliance with the State Money Management Act [of 1974].
5 (2) The proceeds are credited to the board on behalf of the institution for which the bonds
6 were issued.
7 (3) The proceeds are kept in a separate fund and used solely for the purpose for which they
8 were authorized by the board.
9 (4) The State Building Board shall make all contracts and execute all instruments which
10 it considers necessary to provide for the projects referred to in Section [53A-28-103] 53A-20a-103.
11 (5) The proceeds in the special construction trust fund account shall be disbursed only
12 upon receipt of written statements supported by itemized estimates and claims presented to the
13 Division of Facilities Construction and Management as provided in the resolution authorizing the
14 issuance of the bonds.
15 Section 73. Section 53B-16-403 is amended to read:
16 53B-16-403. Interns -- Workers' compensation medical benefits.
17 (1) An intern participating in an internship under Section 53B-16-402 is considered to be
18 a volunteer worker of the sponsoring institution of higher education solely for purposes of
19 receiving workers' compensation medical benefits.
20 (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy against
21 the institution and the cooperating employer for all injuries and occupational diseases as provided
22 under Title [35, Chapters 1 and 2] 35A, Chapters 3 and 3a.
23 Section 74. Section 54-8c-6 is amended to read:
24 54-8c-6. Association for mutual receipt of notification of activities close to high
25 voltage overhead lines.
26 (1) Public utilities may form and operate an association providing for mutual receipt of
27 notification of activities close to high voltage overhead lines in a specified area.
28 (2) In areas where an association is formed:
29 (a) notification to the association is effected as set forth in Section [53-8c-2] 54-8c-2; and
30 (b) public utilities with high voltage overhead lines in the area:
31 (i) may become members of the association;

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1 (ii) may participate in and receive the services furnished by the association; and
2 (iii) shall pay their proportionate share of the cost for the services furnished.
3 (3) The association whose members or participants have high voltage overhead lines
4 within a county shall file a list containing the name, address, and telephone number of every
5 member and participating public utility with the county clerk.
6 (4) If notification is made by telephone, an adequate record shall be maintained by the
7 association to document compliance with the requirements of this chapter.
8 Section 75. Section 55-5-7 is amended to read:
9 55-5-7. Agencies to negotiate for food service with the Division of Services for the
10 Blind and Visually Impaired -- Existing contracts.
11 (1) A governmental agency which proposes to operate or continue a food service in a
12 public office building shall first attempt in good faith to make an agreement with the [state]
13 Division of Services for the Blind and Visually Impaired to operate the food service without
14 payment of rent.
15 (2) The governmental agency may not offer or grant to any other party a contract or
16 concession to operate the food service unless the governmental agency determines in good faith
17 that the Division of Services for the Blind and Visually Impaired is not willing to or cannot
18 satisfactorily provide the food service.
19 (3) This act may not impair any valid contract existing on the effective date of this act, and
20 does not preclude renegotiation of a valid contract on the same terms and with the same parties.
21 Section 76. Section 55-15-34 is amended to read:
22 55-15-34. Charges or fees for representing applicants.
23 No person shall make any charge or receive any fee for representing an applicant or
24 recipient of public assistance in any proceeding hereunder, except in criminal proceedings [brought
25 pursuant to Section 55-15-31 of this act] or with respect to any application, whether such fee or
26 charge is to be paid by the applicant or recipient or any other person, which fee is in excess of an
27 amount to be determined by the court or body before whom an applicant or recipient has been
28 represented.
29 Section 77. Section 58-1-201 is amended to read:
30 58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies -- Quorum
31 -- Per diem and expenses -- Chair -- Financial interest or faculty position in professional

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1 school teaching continuing education prohibited.
2 (1) (a) The executive director shall appoint the members of the boards established under
3 this title. In appointing these members the executive director shall give consideration to
4 recommendations by members of the respective occupations and professions and by their
5 organizations.
6 (b) Each board shall be composed of five members, four of whom shall be licensed or
7 certified practitioners in good standing of the occupation or profession the board represents, and
8 one of whom shall be a member of the general public, unless otherwise provided under the specific
9 licensing chapter.
10 (c) The names of all persons appointed to boards shall be submitted to the governor for
11 confirmation or rejection. If an appointee is rejected by the governor, the executive director shall
12 appoint another person in the same manner as set forth in Subsection (a).
13 (2) (a) Except as required by Subsection (b), as terms of current board members expire,
14 the executive director shall appoint each new member or reappointed member to a four-year term.
15 (b) Notwithstanding the requirements of Subsection (a), the executive director shall, at the
16 time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
17 members are staggered so that approximately half of the board is appointed every two years.
18 (c) A board member may not serve more than two consecutive terms, and a board member
19 who ceases to serve on a board may not serve again on that board until after the expiration of a
20 two-year period beginning from that cessation of service.
21 (d) (i) When a vacancy occurs in the membership for any reason, the replacement shall be
22 appointed for the unexpired term.
23 (ii) After filling that term, the replacement member may be appointed for only one
24 additional full term.
25 (e) If a board member fails or refuses to fulfill the responsibilities and duties of a board
26 member, including the attendance at board meetings, the executive director with the approval of
27 the board may remove the board member and replace the member in accordance with this section.
28 [(2)] (3) A majority of the board members constitutes a quorum. A quorum is sufficient
29 authority for the board to act.
30 [(3)] (4) (a) (i) Members who are not government employees shall receive no
31 compensation or benefits for their services, but may receive per diem and expenses incurred in the

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1 performance of the member's official duties at the rates established by the Division of Finance
2 under Sections 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the board at the rates established by the Division
7 of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 [(4)] (5) Each board shall annually designate one of its members to serve as chair for a
11 one-year period.
12 [(5)] (6) A board member may not be a member of the faculty of or have any financial
13 interest in any vocational or professional college or school which provides continuing education
14 to any licensee if that continuing education is required by statute or rule.
15 Section 78. Section 58-3a-502 is amended to read:
16 58-3a-502. Penalty for unlawful conduct.
17 (1) (a) If upon inspection or investigation, the division concludes that a person has violated
18 Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501 or any rule or order issued with
19 respect to Section 58-3a-501, and that disciplinary action is appropriate, the director or his
20 designee from within the division for each alternative respectively, shall promptly issue a citation
21 to the person according to this chapter and any pertinent rules, attempt to negotiate a stipulated
22 settlement, or notify the person to appear before an adjudicative proceeding conducted under Title
23 63, Chapter 46b, Administrative Procedures Act.
24 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501
25 or any rule or order issued with respect to Section 58-3a-501, as evidenced by an uncontested
26 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
27 be assessed a fine pursuant to this Subsection [(2)(i)] (1) and may, in addition to or in lieu of, be
28 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
29 58-3a-501 or any rule or order issued with respect to this section.
30 (ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-3a-401
31 may not be assessed through a citation.

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1 (b) A citation shall:
2 (i) be in writing;
3 (ii) describe with particularity the nature of the violation, including a reference to the
4 provision of the chapter, rule, or order alleged to have been violated;
5 (iii) clearly state that the recipient must notify the division in writing within 20 calendar
6 days of service of the citation if the recipient wishes to contest the citation at a hearing conducted
7 under Title 63, Chapter 46b, Administrative Procedures Act; and
8 (iv) clearly explain the consequences of failure to timely contest the citation or to make
9 payment of any fines assessed by the citation within the time specified in the citation.
10 (c) The division may issue a notice in lieu of a citation.
11 (d) Each citation issued under this section, or a copy of each citation, may be served upon
12 any person whom a summons may be served in accordance with the Utah Rules of Civil Procedure
13 and may be made personally or upon his agent by a division investigator or by any person specially
14 designated by the director or by mail.
15 (e) If within 20 calendar days from the service of the citation, the person to whom the
16 citation was issued fails to request a hearing to contest the citation, the citation becomes the final
17 order of the division and is not subject to further agency review. The period to contest a citation
18 may be extended by the division for cause.
19 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
20 license of a licensee who fails to comply with a citation after it becomes final.
21 (g) The failure of an applicant for licensure to comply with a citation after it becomes final
22 is a ground for denial of license.
23 (h) No citation may be issued under this section after the expiration of six months
24 following the occurrence of any violation.
25 (i) The director or his designee shall assess fines according to the following:
26 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
27 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000; and
28 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
29 $2,000 for each day of continued offense.
30 (2) An action initiated for a first or second offense which has not yet resulted in a final
31 order of the division shall not preclude initiation of any subsequent action for a second or

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1 subsequent offense during the pendency of any preceding action. The final order on a subsequent
2 action shall be considered a second or subsequent offense, respectively, provided the preceding
3 action resulted in a first or second offense, respectively.
4 (3) Any penalty which is not paid may be collected by the director by either referring the
5 matter to a collection agency or bringing an action in the district court of the county in which the
6 person against whom the penalty is imposed resides or in the county where the office of the
7 director is located. Any county attorney or the attorney general of the state shall provide legal
8 assistance and advice to the director in any action to collect the penalty. In any action brought to
9 enforce the provisions of this section, reasonable attorney's fees and costs shall be awarded to the
10 division.
11 Section 79. Section 58-5a-201 is amended to read:
12 58-5a-201. Podiatric Physician Board.
13 (1) There is created the Podiatric Physician Board consisting of four [podiatrists] podiatric
14 physicians and one member of the general public.
15 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
16 (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202
17 and 58-1-203.
18 (4) In addition, the board shall designate one of its members on a permanent or rotating
19 basis to:
20 (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
21 conduct of a licensee; and
22 (b) advise the division in its investigation of these complaints.
23 (5) A board member who has, under Subsection (4), reviewed a complaint or advised in
24 its investigation may be disqualified from participating with the board when the board serves as
25 a presiding officer in an adjudicative proceeding concerning the complaint.
26 Section 80. Section 58-20a-102 is amended to read:
27 58-20a-102. Definitions.
28 In addition to the definitions in Section 58-1-102, as used in this chapter:
29 (1) "Board" means the Environmental Health Scientist Board created in Section
30 58-20a-201.
31 (2) "General supervision" means the supervising environmental health scientist is available

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1 for immediate voice communication with the person he or she is supervising.
2 (3) "Practice of environmental health science" means:
3 (a) the enforcement of, the issuance of permits required by, or the inspection for the
4 purpose of enforcing state and local public health laws in the following areas:
5 (i) air quality;
6 (ii) food quality;
7 (iii) solid, hazardous, and toxic substances disposal;
8 (iv) consumer product safety;
9 (v) housing;
10 (vi) noise control;
11 (vii) radiation protection;
12 (viii) water quality;
13 (ix) vector control;
14 (x) drinking water quality;
15 (xi) milk sanitation;
16 (xii) rabies control;
17 (xiii) public health nuisances;
18 (xiv) indoor clean air regulations;
19 (xv) institutional and residential sanitation; or
20 (xvi) recreational facilities sanitation; or
21 (b) representing oneself in any manner as, or using the titles "environmental health
22 scientist," "environmental health scientist-in-training," or "registered sanitarian."
23 (4) "Unlawful conduct" is as defined in Section 58-1-501.
24 (5) "Unprofessional conduct" is as defined in Sections 58-1-501 and [58-20a-502]
25 58-20a-501 and as may be further defined by division rule.
26 Section 81. Section 58-22-503 is amended to read:
27 58-22-503. Penalty for unlawful conduct.
28 (1) (a) If upon inspection or investigation, the division concludes that a person has violated
29 Subsections 58-1-501(1)(a) through (d) or Section 58-22-501 or any rule or order issued with
30 respect to Section 58-22-501, and that disciplinary action is appropriate, the director or his
31 designee from within the division for each alternative respectively, shall promptly issue a citation

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1 to the person according to this chapter and any pertinent rules, attempt to negotiate a stipulated
2 settlement, or notify the person to appear before an adjudicative proceeding conducted under Title
3 63, Chapter 46b, Administrative Procedures Act.
4 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-22-501
5 or any rule or order issued with respect to Section 58-22-501, as evidenced by an uncontested
6 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
7 be assessed a fine pursuant to this Subsection (1)[(i)] and may, in addition to or in lieu of, be
8 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
9 58-22-501 or any rule or order issued with respect to this section.
10 (ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-22-401
11 may not be assessed through a citation.
12 (b) A citation shall:
13 (i) be in writing;
14 (ii) describe with particularity the nature of the violation, including a reference to the
15 provision of the chapter, rule, or order alleged to have been violated;
16 (iii) clearly state that the recipient must notify the division in writing within 20 calendar
17 days of service of the citation if the recipient wishes to contest the citation at a hearing conducted
18 under Title 63, Chapter 46b, Administrative Procedures Act; and
19 (iv) clearly explain the consequences of failure to timely contest the citation or to make
20 payment of any fines assessed by the citation within the time specified in the citation.
21 (c) The division may issue a notice in lieu of a citation.
22 (d) Each citation issued under this section, or a copy of each citation, may be served upon
23 any person whom a summons may be served in accordance with the Utah Rules of Civil Procedure
24 and may be made personally or upon his agent by a division investigator or by any person specially
25 designated by the director or by mail.
26 (e) If within 20 calendar days from the service of the citation, the person to whom the
27 citation was issued fails to request a hearing to contest the citation, the citation becomes the final
28 order of the division and is not subject to further agency review. The period to contest a citation
29 may be extended by the division for cause.
30 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
31 license of a licensee who fails to comply with a citation after it becomes final.

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1 (g) The failure of an applicant for licensure to comply with a citation after it becomes final
2 is a ground for denial of license.
3 (h) No citation may be issued under this section after the expiration of six months
4 following the occurrence of any violation.
5 (i) The director or his designee shall assess fines according to the following:
6 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
7 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000; and
8 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
9 $2,000 for each day of continued offense.
10 (2) An action initiated for a first or second offense which has not yet resulted in a final
11 order of the division shall not preclude initiation of any subsequent action for a second or
12 subsequent offense during the pendency of any preceding action. The final order on a subsequent
13 action shall be considered a second or subsequent offense, respectively, provided the preceding
14 action resulted in a first or second offense, respectively.
15 (3) Any penalty which is not paid may be collected by the director by either referring the
16 matter to a collection agency or bringing an action in the district court of the county in which the
17 person against whom the penalty is imposed resides or in the county where the office of the
18 director is located. Any county attorney or the attorney general of the state shall provide legal
19 assistance and advice to the director in any action to collect the penalty. In any action brought to
20 enforce the provisions of this section, reasonable attorney's fees and costs shall be awarded to the
21 division.
22 Section 82. Section 58-26-4 is amended to read:
23 58-26-4. Requirements for licensure.
24 (1) To qualify for a license, an applicant shall:
25 (a) submit an application on forms provided by the division;
26 (b) show evidence of good moral character;
27 (c) pay the fee established under the provisions of Section 63-38-3.2;
28 (d) submit a certified transcript of credits from an accredited institution acceptable to the
29 board showing successful completion of:
30 (i) before July 1, 1994:
31 (A) a baccalaureate degree including subjects and hours (with a concentration in

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1 accounting, auditing, and business) approved by the board and established by rule in accordance
2 with Title 63, Chapter 46a, Utah Administrative Rulemaking Act; or
3 (B) a total of 150 collegiate level semester hours (225 quarter hours) of education (with
4 a concentration in accounting, auditing, and business) including a baccalaureate degree or its
5 equivalent at a college or university acceptable to the board, with the total educational program
6 to include subjects and hours approved by the board and established by rule[.];
7 (ii) after July 1, 1994, a total of 150 collegiate level semester hours (225 quarter hours)
8 of education (with a concentration in accounting, auditing, and business) including a baccalaureate
9 degree or its equivalent at a college or university acceptable to the board, and the total educational
10 program to include subjects and hours approved by the board and established by rule[.];
11 (e) submit evidence of experience on forms prescribed by the division in accordance with
12 the following:
13 (i) before July 1, 1994:
14 (A) if the applicant's qualifying education is based upon Subsection (d)(i)(A), the required
15 qualifying experience is three years; or
16 (B) if the applicant's qualifying education is based upon Subsection (d)(i)(B), the required
17 qualifying experience is one year[.];
18 (ii) after July 1, 1994, the applicant shall be required to submit evidence of completion of
19 one year of accounting experience under the direct supervision of a certified public accountant, as
20 defined by rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
21 (f) submit evidence of having successfully completed the qualifying examination; and
22 (g) submit to an interview by the board, if requested, for the purpose of examining the
23 applicant's competence and qualifications for licensure.
24 (2) Before the division issues a license, the board shall approve and recommend each
25 applicant.
26 Section 83. Section 58-31-2 is amended to read:
27 58-31-2. Definitions.
28 In addition to the definitions in Section 58-1-102, as used in this chapter:
29 (1) "Applicant" means a person who applies for licensure under this chapter by submitting
30 a completed application for licensure and the required fees to the department.
31 (2) "Approved education program" means a nursing education program that meets the

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1 minimum standards established under this chapter or by division rule in collaboration with the
2 board.
3 (3) "Board" means the Board of Nursing created in Section 58-31-3.
4 (4) "Consultation and referral plan" means a written plan:
5 (a) jointly developed by an advanced practice registered nurse who has or is applying for
6 prescriptive authority and the consulting physician to that nurse;
7 (b) approved by the Prescriptive Practice Board; and
8 (c) that contains consultation and referral criteria by which that advanced practice
9 registered nurse, working in collaboration with that consulting physician, may prescribe medicines
10 in the treatment of common health problems.
11 (5) "Consulting physician" means a physician who:
12 (a) has agreed to practice consultation with an advanced practice registered nurse who has
13 or is applying for prescriptive authority in accordance with an approved written consultation and
14 referral plan; and
15 (b) is actively engaged in the same or a similar practice as is the advanced practice
16 registered nurse.
17 (6) "Diagnosis" means the identification of and discrimination between physical and
18 psychosocial signs and symptoms essential to effective execution and management of health care.
19 (7) "Examinee" means a person who applies to take or does take any examination required
20 under this chapter for licensure.
21 (8) "Licensee" means a person who is licensed under this chapter.
22 (9) "Physician" means a person licensed and in good standing as a physician and surgeon
23 or as an osteopathic physician under Title 58, Chapter 12, Practice of Medicine and Surgery and
24 the Treatment of Human Ailments.
25 (10) "Practice of nursing" means performance of acts by a person licensed under this
26 chapter or Title 58, Chapter [44, Certified] 44a, Nurse Midwifery Practice Act, based upon that
27 person's knowledge, skill, preparation, education, and experience including:
28 (a) initiating and maintaining comfort measures;
29 (b) promoting and supporting human functions and responses;
30 (c) establishing an environment conducive to well-being;
31 (d) providing health counseling and teaching; and

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1 (e) collaborating with health care professionals on aspects of the health care regimen.
2 (11) "Practice of practical nursing" means a performance of nursing acts as provided in
3 this subsection by a person licensed under this chapter as a licensed practical nurse and under the
4 direction of a registered nurse, licensed physician, or other specified health care professional as
5 defined by rule. Practical nursing acts include:
6 (a) contributing to the assessment of the health status of individuals and groups;
7 (b) participating in the development and modification of the strategy of care;
8 (c) implementing appropriate aspects of the strategy of care;
9 (d) maintaining safe and effective nursing care rendered to a patient directly or indirectly;
10 (e) participating in the evaluation of responses to interventions; and
11 (f) delegating nursing interventions that may be performed by others and that do not
12 conflict with this chapter.
13 (12) "Practice of registered nursing" means performing acts of nursing as provided in this
14 subsection by a person licensed under this chapter as a registered nurse. The nursing acts require
15 substantial specialized education, preparation, skill, judgment, and knowledge in the generally
16 recognized scope of practice of registered nurses. Registered nursing acts include:
17 (a) assessing the health status of individuals and groups;
18 (b) identifying health care needs;
19 (c) establishing goals to meet identified health care needs;
20 (d) planning a strategy of care;
21 (e) prescribing nursing interventions to implement the strategy of care;
22 (f) implementing the strategy of care;
23 (g) delegating nursing interventions that may be performed by others and are not in
24 conflict with this chapter;
25 (h) maintaining safe and effective nursing care that is rendered to a patient directly or
26 indirectly;
27 (i) evaluating responses to interventions;
28 (j) teaching the theory and practice of nursing; and
29 (k) managing and supervising the practice of nursing.
30 (13) "Practice of advanced practice registered nursing" means the practice of nursing
31 within the generally recognized scope of advanced practice registered nursing as defined by

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1 division rule consistent with professionally recognized preparation and education standards of an
2 advanced practice registered nurse by a person licensed under this chapter as an advanced practice
3 registered nurse. Advanced practice registered nursing includes:
4 (a) maintenance and promotion of health and prevention of disease;
5 (b) diagnosis, treatment, correction, consultation, or referral for common health problems;
6 and
7 (c) prescription or administration of prescription drugs, including local anesthesia and
8 prescription devices in conformance with an approved consultation and referral plan.
9 (14) "Practice of nurse anesthesia" means the practice of nursing by a person licensed
10 under this chapter as a certified registered nurse anesthetist and includes the administration of
11 general, regional, or local anesthesia.
12 (15) "Prescriptive Practice Board" means the Nurse Prescriptive Practice Board established
13 in Section 58-31-3.
14 (16) "Unlawful conduct" as defined in Section 58-1-501 includes:
15 (a) using the following titles, names or initials, if the user is not properly licensed under
16 this chapter:
17 (i) nurse;
18 (ii) licensed practical nurse, practical nurse, or L.P.N.;
19 (iii) registered nurse or R.N.;
20 (iv) registered nurse practitioner, N.P., or R.N.P.;
21 (v) registered nurse specialist, N.S., or R.N.S.;
22 (vi) registered psychiatric mental health nurse specialist;
23 (vii) advanced practice registered nurse;
24 (viii) nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or
25 C.R.N.A.; or
26 (ix) other generally recognized names or titles used in the profession of nursing; and
27 (b) using any other name, title, or initials that would cause a reasonable person to believe
28 the user is licensed under this chapter if the user is not properly licensed under this chapter.
29 (17) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
30 defined by rule includes:
31 (a) failure to safeguard a patient's right to privacy as to the patient's person, condition,

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1 diagnosis, personal effects, or any other matter about which the licensee is privileged to know
2 because of the licensee's position or practice as a nurse;
3 (b) failure to provide nursing service in a manner that demonstrates respect for the patient's
4 human dignity and unique personal character and needs without regard to the patient's race,
5 religion, ethnic background, socioeconomic status, age, sex, or the nature of the patient's health
6 problem;
7 (c) engaging in sexual relations with a patient during any:
8 (i) period when a generally recognized professional relationship exists between the nurse
9 and patient; or
10 (ii) extended period when a patient has reasonable cause to believe a professional
11 relationship exists between the nurse and patient;
12 (d) (i) as a result of any circumstance under Subsection (c) a licensee exploits or uses
13 information about a patient or exploits the licensee's professional relationship between the licensee
14 and the patient; or
15 (ii) the licensee exploits the patient by the use of the licensee's knowledge of the patient
16 obtained while acting as a nurse;
17 (e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
18 (f) unauthorized taking or personal use of nursing supplies from an employer;
19 (g) unauthorized taking or personal use of a patient's personal property;
20 (h) knowingly entering into any medical record any false or misleading information or
21 altering a medical record in any way for the purpose of concealing an act, omission, or record of
22 events, medical condition, or any other circumstance related to the patient and the medical or
23 nursing care provided;
24 (i) unlawful or inappropriate delegation of nursing care;
25 (j) failure to exercise appropriate supervision of persons providing patient care services
26 under supervision of the licensed nurse;
27 (k) employing or aiding and abetting the employing of an unqualified or unlicensed person
28 to practice as a nurse; and
29 (l) failure to report to the division known facts regarding unprofessional or unlawful
30 conduct by any health care professional licensed under the laws of this state.
31 Section 84. Section 58-31-5 is amended to read:

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1 58-31-5. Peer review committees created -- Duties.
2 (1) There are created under Subsection 58-1-203(6) the following advisory peer
3 committees to the Board of Nursing:
4 (a) education program peer review committee;
5 (b) nursing practice standards peer review committee; and
6 (c) probation peer review committee.
7 (2) Each advisory peer committee established under this section shall be composed of five
8 members appointed by the director in collaboration with the board.
9 (3) The scope of authority for each of the advisory peer review committees established
10 under Subsection (1) shall be established by division rule made in collaboration with the board.
11 (4) The committee members shall be appointed and serve under the same provisions as
12 apply to board members under Subsections 58-1-201[(1)(d), (e), (f), and (g), and] (2), (3), and (4).
13 (5) This section does not prohibit the appointment of other advisory peer committees to
14 the Board of Nursing under Subsection 58-1-203(6).
15 Section 85. Section 58-31-19 is amended to read:
16 58-31-19. Immunity from liability.
17 (1) A person licensed under this chapter who in good faith renders emergency care at the
18 scene of the emergency is not liable for any civil damages as a result of the person's acts or
19 omissions in rendering the emergency care.
20 (2) The provisions of Section 78-11-22, commonly known as the "Good Samaritan
21 Statute," apply to all persons licensed under this chapter.
22 (3) Persons licensed under this chapter are considered health care providers under Section
23 [58-12-25] 58-13-4 and are immune from liability as provided under that section.
24 Section 86. Section 58-44a-102 is amended to read:
25 58-44a-102. Definitions.
26 In addition to the definitions in Section 58-1-102, as used in this chapter:
27 (1) "Board" means the Registered Nurse Certified Nurse Midwife Board created in Section
28 58-44a-201.
29 (2) "Consulting physician" means a physician and surgeon or osteopathic physician:
30 (a) licensed as a physician under Title 58, Chapter [12] 67, [Practice of Medicine and
31 Surgery] Utah Medical Practice Act;

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1 (b) qualified by education, training, and current practice in obstetrics, gynecology, or both
2 to act as a consulting physician to a nurse midwife practicing under this chapter;
3 (c) who has agreed under a practice plan to be available to consult with a nurse midwife,
4 which plan does not include the consulting physician's being present at the time or place the nurse
5 midwife is engaged in practice; and
6 (d) approved by the division and board to serve as a consulting physician.
7 (3) "Individual" means a natural person.
8 (4) "Nurse midwife" means a person licensed under this chapter to engage in practice as
9 a registered nurse certified nurse midwife.
10 (5) "Physician" means a physician and surgeon or osteopathic surgeon licensed under Title
11 58, Chapter [12] 67, [Practice of Medicine and Surgery] Utah Medical Practice Act or Chapter 68,
12 Utah Osteopathic Medical Practice Act.
13 (6) "Practice as a nurse midwife" means:
14 (a) practice as a registered nurse as defined in Section 58-31-2, and as consistent with the
15 education, training, experience, and current competency of the licensee; and
16 (b) practice under a written practice plan approved by the division in collaboration with
17 the board, entered into with a consulting physician, and detailing guidelines by which the nurse
18 midwife may diagnose, treat, prescribe, consult, collaborate, and refer patients in the generally
19 recognized scope of practice of a nurse midwife consistent with standards published by the
20 American College of Nurse-Midwives, set forth in this chapter, and set forth in rules adopted by
21 the division, which plan includes the authority to:
22 (i) elicit and record a patient's complete health information, including physical
23 examination, history, and laboratory findings commonly used in providing obstetrical,
24 gynecological, and well infant services to a patient;
25 (ii) assess findings and upon abnormal findings from the history, physical examination,
26 or laboratory findings, manage the treatment of the patient, collaborate with the consulting
27 physician or another qualified physician, or refer the patient to the consulting physician or to
28 another qualified physician as appropriate;
29 (iii) diagnose, plan, and implement appropriate patient care;
30 (iv) evaluate the results of patient care;
31 (v) consult as is appropriate regarding patient care and the results of patient care;

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1 (vi) manage the intrapartum period according to accepted standards of nurse midwifery
2 practice, including performance of routine episiotomy and repairs, and administration of
3 anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general
4 anesthesia and major conduction anesthesia;
5 (vii) manage the postpartum period;
6 (viii) provide gynecological services;
7 (ix) provide noncomplicated newborn and infant care to the age of one year; and
8 (x) represent or hold oneself out as a registered nurse certified nurse midwife, certified
9 nurse midwife, or nurse midwife, or use the title registered nurse certified nurse midwife, certified
10 nurse midwife, nurse midwife, or the initials R.N.C.N.M., C.N.M., N.M., or R.N.
11 (7) "Unlawful conduct" is defined in Section 58-1-501 and also includes:
12 (a) engaging in practice as a nurse midwife when not licensed or exempted from licensure
13 under this chapter, or engaging in practice as a registered nurse when not licensed or exempted
14 from licensure under this chapter or Title 58, Chapter 3l, Nurse Practice Act; and
15 (b) (i) representing or holding oneself out as a registered nurse certified nurse midwife,
16 certified nurse midwife, nurse midwife, or identifying oneself by the initials R.N.C.N.M., C.N.M.,
17 or N.M. when not licensed under this chapter;
18 (ii) representing or holding out oneself as a registered nurse or identifying oneself by the
19 initials R.N. when not licensed under this chapter or Title 58, Chapter 31; or
20 (iii) use of any other title, initials, or any other means indicating that one is licensed under
21 this chapter.
22 (8) "Unprofessional conduct" is defined in Section 58-1-501 and also includes:
23 (a) any unlawful act, omission, or practice as a nurse midwife;
24 (b) failure to practice in accordance with accepted standards and ethics of the profession;
25 (c) disregard for a patient's dignity or right to privacy as to [his] her person, condition,
26 possessions, or medical record;
27 (d) verbally or physically abusing a patient;
28 (e) engaging in an act, practice, or omission which when considered with the duties and
29 responsibilities of a nurse midwife does or could jeopardize the health, safety, or welfare of a
30 patient or the public;
31 (f) failure to confine one's practice as a nurse midwife to those acts or practices permitted

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1 by law;
2 (g) engaging in any act or practice as a nurse midwife in which one is not competent by
3 education, preparation, experience, or physical or mental condition; or
4 (h) acts, practices, or omissions which result in the individual's license to practice in any
5 health care profession in Utah or any other jurisdiction being subjected to disciplinary action.
6 Section 87. Section 58-47b-304 is amended to read:
7 58-47b-304. Exemptions from licensure.
8 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
9 individuals may engage in the practice of massage as defined under this chapter, subject to the
10 stated circumstances and limitations, without being licensed, but may not represent themselves as
11 a massage technician or massage apprentice:
12 (a) physicians licensed under Title 58, Chapter 12, Part 5, Medical Practice Act;
13 (b) nurses licensed under Title 58, Chapter 31, Nurse Practice Act, or under Title 58,
14 Chapter 44a, Nurse Midwife Practice Act;
15 (c) physical therapists licensed under Title 58, Chapter 24a, Physical Therapist Practice
16 Act;
17 (d) osteopaths licensed under Title 58, Chapter 12, Part 1, Osteopathic Medicine Licensing
18 Act;
19 (e) chiropractors licensed under Title 58, Chapter [12, Part 7, Chiropractic Improvements]
20 73, Chiropractic Physician Practice Act;
21 (f) hospital staff members employed by a hospital who practice massage as part of their
22 responsibilities;
23 (g) athletic trainers who practice massage as part of their responsibilities while employed
24 by an educational institution or an athletic team that participates in organized sports competition;
25 (h) students in training enrolled in a massage therapy school approved by the division; and
26 (i) individuals engaging in lymphatic massage and who meet training standards as defined
27 by division rule.
28 (2) This chapter may not be construed to authorize any individual licensed as a massage
29 technician to engage in any manner in the practice of medicine as defined by the laws of this state.
30 (3) This chapter may not be construed to:
31 (a) create or require insurance coverage or reimbursement for massage from third party

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1 payors if this type of coverage did not exist on or before February 15, 1990; or
2 (b) prevent any insurance carrier from offering coverage for massage.
3 Section 88. Section 58-55-503 is amended to read:
4 58-55-503. Penalty for unlawful conduct -- Citations.
5 (1) Any person who violates Subsections 58-55-501(1) through (14), (16), (17) or (18),
6 or who fails to comply with a citation issued under this section after it is final, is guilty of a class
7 A misdemeanor. Any person who violates the provisions of Subsection 58-55-501(8) or (13) may
8 not be awarded and may not accept a contract for the performance of the work. Any licensee who
9 submits a notice of intent to request an increase in the monetary limit under Subsection
10 58-55-309(5), but who is not granted an increase sufficient to cover the award of a contract upon
11 which he has bid, may not be awarded and may not accept the contract.
12 (2) Any person who violates the provisions of Subsection 58-55-501(15) is guilty of an
13 infraction unless the violator did so with the intent to deprive the person to whom money is to be
14 paid of the money received, in which case the violator is guilty of theft, as classified in Section
15 76-6-412.
16 (3) Grounds for immediate suspension of the licensee's license by the division and the
17 board include the failure by a licensee to make application to, report to, or notify the division with
18 respect to any matter for which application, notification, or reporting is required under this chapter
19 or rules adopted under this chapter, including applying to the division for a new license to engage
20 in a new specialty classification or to do business under a new form of organization or business
21 structure, filing with the division current financial statements, notifying the division concerning
22 loss of insurance coverage, or change in qualifier.
23 (4) (a) If upon inspection or investigation, the division concludes that a contractor has
24 violated the provisions of Subsections 58-55-501(1), (2), (3), or any rule or order issued with
25 respect to these subsections, and that disciplinary action is appropriate, the director or his designee
26 from within the division for each alternative respectively, shall, promptly issue a citation to the
27 contractor according to this chapter and any pertinent rules, attempt to negotiate a stipulated
28 settlement, or notify the contractor to appear before an adjudicative proceeding conducted under
29 Title 63, Chapter 46b, Administrative Procedures Act.
30 (i) Any person who is in violation of the provisions of Subsection 58-55-501(1), (2), or
31 (3), as evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation

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1 in an adjudicative proceeding, may be assessed a fine pursuant to this Subsection (4)[(i)] and may,
2 in addition to or in lieu of, be ordered to cease and desist from violating Subsection 58-55-501(1),
3 (2), or (3).
4 (ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-55-401
5 may not be assessed through a citation.
6 (b) Each citation shall be in writing and describe with particularity the nature of the
7 violation, including a reference to the provision of the chapter, rule, or order alleged to have been
8 violated. The citation shall clearly state that the recipient must notify the division in writing within
9 20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
10 conducted under Title 63, Chapter 46b, Administrative Procedures Act. The citation shall clearly
11 explain the consequences of failure to timely contest the citation or to make payment of any fines
12 assessed by the citation within the time specified in the citation.
13 (c) The division may issue a notice in lieu of a citation.
14 (d) Each citation issued under this section, or a copy of each citation, may be served upon
15 any person upon whom a summons may be served in accordance with the Utah Rules of Civil
16 Procedure and may be made personally or upon his agent by a division investigator or by any
17 person specially designated by the director or by mail.
18 (e) If within 20 calendar days from the service of a citation, the person to whom the
19 citation was issued fails to request a hearing to contest the citation, the citation becomes the final
20 order of the division and is not subject to further agency review. The period to contest a citation
21 may be extended by the division for cause.
22 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
23 license of a licensee who fails to comply with a citation after it becomes final.
24 (g) The failure of an applicant for licensure to comply with a citation after it becomes final
25 is a ground for denial of license.
26 (h) No citation may be issued under this section after the expiration of six months
27 following the occurrence of any violation.
28 (i) Fines shall be assessed by the director or his designee according to the following:
29 (i) for a first offense handled pursuant to Subsection (4) (a), a fine of up to $1,000;
30 (ii) for a second offense handled pursuant to Subsection (4) (a), a fine of up to $2,000; and
31 (iii) for any subsequent offense handled pursuant to Subsection (4) (a), a fine of up to

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1 $2,000 for each day of continued offense.
2 (j) (i) For purposes of issuing a final order under this section and assessing a fine under
3 Subsection (4)(i), an offense constitutes a second or subsequent offense if:
4 (A) the division previously issued a final order determining that a person committed a first
5 or second offense in violation of Subsection 58-55-501(1), (2), or (3); or
6 (B) (I) the division initiated an action for a first or second offense;
7 (II) no final order has been issued by the division in the action initiated under Subsection
8 (4)(j)(i)(B)(I);
9 (III) the division determines during an investigation that occurred after the initiation of the
10 action under Subsection (4)(j)(i)(B)(I) that the person committed a second or subsequent violation
11 of the provisions of Subsection 58-55-501(1), (2), or (3); and
12 (IV) after determining that the person committed a second or subsequent offense under
13 Subsection (4)(j)(i)(B)(III), the division issues a final order on the action initiated under
14 Subsection (4)(j)(i)(B)(I).
15 (ii) In issuing a final order for a second or subsequent offense under Subsection (4)(j)(i),
16 the division shall comply with the requirements of this section.
17 (5) Any penalty imposed by the director under Subsection (4) (i) shall be deposited into
18 the Commerce Service Fund. Any penalty which is not paid may be collected by the director by
19 either referring the matter to a collection agency or bringing an action in the district court of the
20 county in which the person against whom the penalty is imposed resides or in the county where
21 the office of the director is located. Any county attorney or the attorney general of the state is to
22 provide legal assistance and advice to the director in any action to collect the penalty. In any
23 action brought to enforce the provisions of this section, reasonable attorney's fees and costs shall
24 be awarded.
25 Section 89. Section 58-60-114 is amended to read:
26 58-60-114. Confidentiality -- Exemptions.
27 (1) A mental health therapist under this chapter may not disclose any confidential
28 communication with a client or patient without the express consent of:
29 (a) the client or patient;
30 (b) the parent or legal guardian of a minor client or patient; or
31 (c) the authorized agent of a client or patient.

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1 (2) A mental health therapist under this chapter is not subject to Subsection (1) if:
2 (a) he is permitted or required by state or federal law, rule, regulation, or order to report
3 or disclose any confidential communication, including:
4 (i) reporting under Title 62A, Chapter [4] 4a, Part [5] 4, Child Abuse or Neglect Reporting
5 Requirements;
6 (ii) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of
7 Disabled Adult;
8 (iii) reporting under Title 78, Chapter 14a, Limitation of Therapist's Duty to Warn;
9 (iv) reporting of a communicable disease as required under Section 26-6-6;
10 (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
11 under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
12 (c) the disclosure is made under a generally recognized professional or ethical standard
13 that authorizes or requires the disclosure.
14 Section 90. Section 58-61-307 is amended to read:
15 58-61-307. Exemptions from licensure.
16 In addition to the exemptions from licensure in Section 58-1-307, the following may
17 engage in acts included within the definition of practice as a psychologist, subject to the stated
18 circumstances and limitations, without being licensed under this chapter:
19 (1) the following when practicing within the scope of the license held:
20 (a) a physician and surgeon or osteopathic physician licensed under Chapter [12] 67,
21 [Practice of Medicine and Surgery] Utah Medical Practice Act, or Chapter 68, Utah Osteopathic
22 Medical Practice Act; and
23 (b) a registered psychiatric mental health nurse specialist licensed under Chapter [31] 68,
24 Nurse Practice Act;
25 (2) a recognized member of the clergy while functioning in his ministerial capacity as long
26 as he does not represent himself as or use the title of psychologist;
27 (3) an individual who is offering expert testimony in any proceeding before a court,
28 administrative hearing, deposition upon the order of any court or other body having power to order
29 the deposition, or proceedings before any master, referee, or alternative dispute resolution
30 provider;
31 (4) an individual engaged in performing hypnosis who is not licensed under Title 58,

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1 Occupations and Professions, in a profession which includes hypnosis in its scope of practice, and
2 who:
3 (a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or
4 altering lifestyles or habits, such as eating or smoking, through hypnosis;
5 (ii) consults with a client to determine current motivation and behavior patterns;
6 (iii) prepares the client to enter hypnotic states by explaining how hypnosis works and
7 what the client will experience;
8 (iv) tests clients to determine degrees of suggestibility;
9 (v) applies hypnotic techniques based on interpretation of consultation results and analysis
10 of client's motivation and behavior patterns; and
11 (vi) trains clients in self-hypnosis conditioning;
12 (b) may not:
13 (i) engage in the practice of mental health therapy;
14 (ii) represent himself using the title of a license classification in Subsection 58-60-102(5);
15 or
16 (iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
17 generally recognized diagnostic and statistical manuals of medical, psychological, or dental
18 disorders;
19 (5) an individual's exemption from licensure under Subsection 58-1-307(1)(b) or (c) while
20 completing any supervised clinical training requirement for licensure as a psychologist extends not
21 more than one year from the date the minimum requirement for training is completed, unless the
22 individual presents satisfactory evidence to the division and the Psychologist Licensing Board that
23 the individual is making reasonable progress toward passing the qualifying examination or is
24 otherwise on a course reasonably expected to lead to licensure as a psychologist, but any
25 exemption under this subsection may not exceed two years past the date the minimum supervised
26 clinical training requirement has been completed;
27 (6) an individual holding an earned doctoral degree in psychology who is employed by an
28 accredited institution of higher education and who conducts research and teaches in that
29 individual's professional field, but only if the individual does not engage in providing delivery or
30 supervision of professional services regulated under this chapter to individuals or groups regardless
31 of whether there is compensation for the services;

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1 (7) any individual who was employed as a psychologist by a state, county, or municipal
2 agency or other political subdivision of the state prior to July 1, 1981, and who subsequently has
3 maintained employment as a psychologist in the same state, county, or municipal agency or other
4 political subdivision while engaged in the performance of his official duties for that agency or
5 political subdivision; and
6 (8) an individual certified as a school psychologist under Section 53A-6-101:
7 (a) may represent himself as and use the terms "school psychologist" or "certified school
8 psychologist"; and
9 (b) is restricted in his practice to employment within settings authorized by the State Board
10 of Education; and
11 (9) an individual providing advice or counsel to another individual in a setting of their
12 association as friends or relatives and in a nonprofessional and noncommercial relationship, if
13 there is no compensation paid for the advice or counsel.
14 Section 91. Section 58-67-102 is amended to read:
15 58-67-102. Definitions.
16 In addition to the definitions in Section 58-1-102, as used in this chapter:
17 (1) "Administrative penalty" means a monetary fine imposed by the division for acts or
18 omissions determined to constitute unprofessional or unlawful conduct, as a result of an
19 adjudicative proceeding conducted in accordance with Title 63, Chapter 46b, Administrative
20 Procedures Act.
21 (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
22 American Medical Association.
23 (3) "Board" means the [Physician's] Physicians Licensing Board created in Section
24 58-67-201.
25 (4) "Diagnose" means:
26 (a) to examine in any manner another person, parts of a person's body, substances, fluids,
27 or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
28 determine the source, nature, kind, or extent of a disease or other physical or mental condition;
29 (b) to attempt to conduct an examination or determination described under Subsection
30 (4)(a);
31 (c) to hold oneself out as making or to represent that one is making an examination or

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1 determination as described in Subsection (4)(a); or
2 (d) to make an examination or determination as described in Subsection (4)(a) upon or
3 from information supplied directly or indirectly by another person, whether or not in the presence
4 of the person making or attempting the diagnosis or examination.
5 (5) "LCME" means the Liaison Committee on Medical Education of the American
6 Medical Association.
7 (6) "Medical assistant" means an unlicensed individual working under the direct and
8 immediate supervision of a licensed physician and surgeon and engaged in specific tasks assigned
9 by the licensed physician and surgeon in accordance with the standards and ethics of the
10 profession.
11 (7) "Physician" means both physicians and surgeons licensed under Section 58-67-301,
12 Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section
13 58-68-301, Utah Osteopathic Medical Practice Act.
14 (8) "Practice of medicine" means:
15 (a) to diagnose, treat, correct, or prescribe for any human disease, ailment, injury,
16 infirmity, deformity, pain or other condition, physical or mental, real or imaginary, or to attempt
17 to do so, by any means or instrumentality, and by an individual in Utah or outside the state upon
18 or for any human within the state;
19 (b) when a person not licensed as a physician directs a licensee under this chapter to
20 withhold or alter the health care services that the licensee has ordered;
21 (c) to maintain an office or place of business for the purpose of doing any of the acts
22 described in Subsection (8)(a) whether or not for compensation; or
23 (d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
24 treatment of human diseases or conditions in any printed material, stationery, letterhead,
25 envelopes, signs, or advertisements, the designation "doctor", "doctor of medicine", "physician",
26 "surgeon", "physician and surgeon", "Dr.," "M.D.," or any combination of these designations in
27 any manner which might cause a reasonable person to believe the individual using the designation
28 is a licensed physician and surgeon, and if the party using the designation is not a licensed
29 physician and surgeon, the designation must additionally contain the description of the branch of
30 the healing arts for which the person has a license.
31 (9) "Prescription drug or device" means:

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1 (a) a drug or device which, under federal law, is required to be labeled with either of the
2 following statements or their equivalent:
3 (i) "CAUTION: Federal law prohibits dispensing without prescription"; or
4 (ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
5 veterinarian"; or
6 (b) a drug or device that is required by any applicable federal or state law or rule to be
7 dispensed on prescription only or is restricted to use by practitioners only.
8 (10) "SPEX" means the Special Purpose Examination of the Federation of State Medical
9 Boards.
10 (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-67-501.
11 (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-67-502, and as
12 may be further defined by division rule.
13 Section 92. Section 58-67-201 is amended to read:
14 58-67-201. Board.
15 (1) There is created the [Physician's] Physicians Licensing Board consisting of nine
16 physicians and surgeons and two members of the general public.
17 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
18 (3) (a) The duties and responsibilities of the board shall be in accordance with Sections
19 58-1-202 and 58-1-203.
20 (b) The board may also designate one of its members on a permanent or rotating basis to:
21 (i) assist the division in reviewing complaints concerning the unlawful or unprofessional
22 conduct of a licensee; and
23 (ii) advise the division in its investigation of these complaints.
24 (4) A board member who has, under Subsection (3), reviewed a complaint or advised in
25 its investigation may be disqualified from participating with the board when the board serves as
26 a presiding officer in an adjudicative proceeding concerning that complaint.
27 Section 93. Section 58-68-102 is amended to read:
28 58-68-102. Definitions.
29 In addition to the definitions in Section 58-1-102, as used in this chapter:
30 (1) "Administrative penalty" means a monetary fine imposed by the division for acts or
31 omissions determined to constitute unprofessional or unlawful conduct, as a result of an

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1 adjudicative proceeding conducted in accordance with Title 63, Chapter 46b, Administrative
2 Procedures Act.
3 (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
4 American Medical Association.
5 (3) "AOA" means the American Osteopathic Association.
6 (4) "Board" means the Osteopathic [Physician's] Physicians Licensing Board created in
7 Section 58-68-201.
8 (5) "Diagnose" means:
9 (a) to examine in any manner another person, parts of a person's body, substances, fluids,
10 or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
11 determine the source, nature, kind, or extent of a disease or other physical or mental condition;
12 (b) to attempt to conduct an examination or determination described under Subsection
13 (5)(a); or
14 (c) to hold oneself out as making or to represent that one is making an examination or
15 determination as described in Subsection (5)(a); or
16 (d) to make an examination or determination as described in Subsection (5)(a) upon or
17 from information supplied directly or indirectly by another person, whether or not in the presence
18 of the person making or attempting the diagnosis or examination.
19 (6) "Medical assistant" means an unlicensed individual working under the direct and
20 immediate supervision of a licensed osteopathic physician and surgeon and engaged in specific
21 tasks assigned by the licensed osteopathic physician and surgeon in accordance with the standards
22 and ethics of the profession.
23 (7) "Physician" means both physicians and surgeons licensed under Section 58-67-301,
24 Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section
25 58-68-301, Utah Osteopathic Medical Practice Act.
26 (8) "Practice of osteopathic medicine" means:
27 (a) to diagnose, treat, correct, or prescribe for any human disease, ailment, injury,
28 infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, or to attempt
29 to do so, by any means or instrumentality, which in whole or in part is based upon emphasis of the
30 importance of the musculoskeletal system and manipulative therapy in the maintenance and
31 restoration of health, by an individual in Utah or outside of the state upon or for any human within

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1 the state;
2 (b) when a person not licensed as a physician directs a licensee under this chapter to
3 withhold or alter the health care services that the licensee has ordered;
4 (c) to maintain an office or place of business for the purpose of doing any of the acts
5 described in Subsection (8)(a) whether or not for compensation; or
6 (d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
7 treatment of human diseases or conditions, in any printed material, stationery, letterhead,
8 envelopes, signs, or advertisements, the designation "doctor," "doctor of osteopathic medicine,"
9 "osteopathic physician," "osteopathic surgeon," "osteopathic physician and surgeon," "Dr.,"
10 "D.O.," or any combination of these designations in any manner which might cause a reasonable
11 person to believe the individual using the designation is a licensed osteopathic physician, and if
12 the party using the designation is not a licensed osteopathic physician, the designation must
13 additionally contain the description of the branch of the healing arts for which the person has a
14 license.
15 (9) "Prescription drug or device" means:
16 (a) a drug or device which, under federal law, is required to be labeled with either of the
17 following statements or their equivalent:
18 (i) "CAUTION: Federal law prohibits dispensing without prescription"; or
19 (ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
20 veterinarian"; or
21 (b) a drug or device that is required by any applicable federal or state law or rule to be
22 dispensed on prescription only or is restricted to use by practitioners only.
23 (10) "SPEX" means the Special Purpose Examination of the Federation of State Medical
24 Boards.
25 (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-68-501.
26 (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-68-502 and as
27 may be further defined by division rule.
28 Section 94. Section 58-69-201 is amended to read:
29 58-69-201. Board.
30 (1) There is created the Dentist and Dental Hygienist Licensing Board, consisting of six
31 licensed dentists, two licensed dental hygienists, and one member of the general public.

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1 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
2 (3) (a) The duties and responsibilities of the board shall be in accordance with Sections
3 58-1-202 and 58-1-203.
4 (b) In addition, the board shall designate one of its members on a permanent or rotating
5 basis to:
6 (i) assist the division in reviewing complaints concerning the unlawful or unprofessional
7 conduct of a licensee; and
8 (ii) advise the division with respect to the conduct of investigations of these complaints.
9 (4) A board member who has, under Subsection (3), reviewed a complaint or advised in
10 its investigation may be disqualified from participating with the board when the board serves as
11 a presiding officer in an adjudicative proceeding concerning the complaint.
12 (5) Board members may serve as examiners for licensing examinations established under
13 Section 58-69-302 when requested by the examining body.
14 (6) Board members serving as examiners shall be compensated in accordance with
15 Subsection 58-1-201[(3)](4), but may not be compensated for per diem or allowable expenses if
16 they are eligible to receive compensation from the examining body.
17 Section 95. Section 58-69-305 is amended to read:
18 58-69-305. Continuous quality improvement program -- Licensee participation --
19 Division approval of programs.
20 (1) (a) On and after July 1, 1996, each licensee under this chapter shall participate in a
21 continuous quality improvement program.
22 (b) The licensee may select any program approved by the division.
23 (2) The division shall, by rule made in collaboration with the board, establish criteria for
24 division approval of continuous quality improvement programs under this section.
25 (3) A continuous quality improvement program shall be conducted by or under the
26 direction of:
27 (a) a professional association approved by the division in collaboration with the board; or
28 (b) a private organization determined by the division in collaboration with the board to be
29 qualified to conduct a development program regarding quality of practice.
30 (4) A continuous quality improvement program applying for division approval under this
31 section shall:

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1 (a) submit an application in a form prescribed by the division; and
2 (b) demonstrate the program meets criteria established by rule in accordance with
3 Subsection (2).
4 (5) Members of a continuous quality improvement program approved by the division are
5 immune from liability as provided in Section [58-12-25] 58-13-4.
6 Section 96. Section 58-71-102 is amended to read:
7 58-71-102. Definitions.
8 In addition to the definitions in Section 58-1-102, as used in this chapter:
9 (1) "Administrative penalty" means a monetary fine imposed by the division for acts or
10 omissions determined to constitute unprofessional or unlawful conduct, as a result of an
11 adjudicative proceeding conducted in accordance with Title 63, Chapter 46b, Utah Administrative
12 Procedures Act.
13 (2) "Acupuncture" has the same definition as in Section 58-72-102.
14 (3) "Board" means the Naturopathic [Physician's] Physicians Licensing Board created in
15 Section 58-71-201.
16 (4) "Diagnose" means:
17 (a) to examine in any manner another person, parts of a person's body, substances, fluids,
18 or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
19 determine the source, nature, kind, or extent of a disease or other physical or mental condition;
20 (b) to attempt to conduct an examination or determination described under Subsection
21 (4)(a); or
22 (c) to hold oneself out as making or to represent that one is making an examination or
23 determination as described in Subsection (4)(a); or
24 (d) to make an examination or determination as described in Subsection (4)(a) upon or
25 from information supplied directly or indirectly by another person, whether or not in the presence
26 of the person making or attempting the diagnosis or examination.
27 (5) "Local anesthesia" means an agent, whether a natural medicine or prescription drug,
28 which:
29 (a) is applied topically or by injection in superficial tissues associated with the
30 performance of minor office procedures;
31 (b) has the ability to produce loss of sensation at the site of minor office procedures; and

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1 (c) does not cause loss of consciousness or produce general sedation.
2 (6) "Medical naturopathic assistant" means an unlicensed individual working under the
3 direct and immediate supervision of a licensed naturopathic physician and engaged in specific
4 tasks assigned by the licensed naturopathic physician in accordance with the standards and ethics
5 of the profession.
6 (7) (a) "Minor office procedures" means:
7 (i) the use of operative, electrical, or other methods for repair and care of superficial
8 lacerations, abrasions, and benign lesions;
9 (ii) removal of foreign bodies located in the superficial tissues, excluding the eye or ear;
10 and
11 (iii) the use of antiseptics and local anesthetics in connection with minor office surgical
12 procedures; and
13 (b) "Minor office procedures" does not include:
14 (i) general or spinal anesthesia;
15 (ii) office procedures more complicated or extensive than those set forth in Subsection
16 (7)(a);
17 (iii) procedures involving the eye; or
18 (iv) any office procedure involving tendons, nerves, veins, or arteries.
19 (8) "Natural medicine" means:
20 (a) food, food extracts, dietary supplements as defined by the federal Food, Drug, and
21 Cosmetics Act, all homeopathic remedies, and plant substances that are not designated as
22 prescription drugs or controlled substances;
23 (b) over-the-counter medications;
24 (c) other non-prescription substances, the prescription or administration of which is not
25 otherwise prohibited or restricted under federal or state law; and
26 (d) prescription drugs:
27 (i) that are not controlled substances as defined in Section 58-37-2;
28 (ii) the prescription of which is consistent with the competent practice of naturopathic
29 medicine; and
30 (iii) the prescription of which is approved by the division in collaboration with the
31 naturopathic formulary advisory peer committee.

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1 (9) (a) "Naturopathic childbirth" means uncomplicated natural childbirth assisted by a
2 naturopathic physician, and includes the use of:
3 (i) natural medicines; and
4 (ii) uncomplicated episiotomy.
5 (b) "Naturopathic childbirth" does not include the use of:
6 (i) forceps delivery;
7 (ii) general or spinal anesthesia;
8 (iii) caesarean section delivery; or
9 (iv) induced labor or abortion.
10 (10) "Naturopathic mobilization therapy":
11 (a) means manually administering mechanical treatment of body structures or tissues for
12 the purpose of restoring normal physiological function to the body by normalizing and balancing
13 the musculoskeletal system of the body;
14 (b) does not mean manipulation or adjustment of the joints of the human body beyond the
15 elastic barrier; and
16 (c) does not include manipulation as defined in Title 58, Chapter 73, Part 10, Chiropractic
17 Physician Practice Act.
18 (11) "Naturopathic physical medicine" means the use of the physical agents of air, water,
19 heat, cold, sound, light, and electromagnetic nonionizing radiation, and the physical modalities of
20 electrotherapy, biofeedback, acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy,
21 naturopathic mobilization therapy, and exercise. Naturopathic medicine does not include the
22 practice of physical therapy or physical rehabilitation.
23 (12) "Practice of naturopathic medicine" means:
24 (a) a system of primary health care for the prevention, diagnosis, and treatment of human
25 health conditions, injuries, and diseases that uses education, natural medicines, and natural
26 therapies, to support and stimulate the patient's intrinsic self-healing processes:
27 (i) using naturopathic childbirth, but only if:
28 (A) the licensee meets standards of the American College of Naturopathic Obstetricians
29 (ACNO) or its successor as determined by the division in collaboration with the board; and
30 (B) the licensee follows a written plan for naturopathic physicians practicing naturopathic
31 childbirth approved by the division in collaboration with the board, which includes entering into

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1 an agreement with a consulting physician and surgeon or osteopathic physician, in cases where the
2 scope of practice of naturopathic childbirth may be exceeded and specialty care and delivery is
3 indicated, detailing the guidelines by which the naturopathic physician will:
4 (I) refer patients to the consulting physician; and
5 (II) consult with the consulting physician;
6 (ii) using naturopathic mobilization therapy;
7 (iii) using naturopathic physical medicine;
8 (iv) using minor office procedures;
9 (v) prescribing or administering natural medicine;
10 (vi) prescribing medical equipment and devices, diagnosing by the use of medical
11 equipment and devices, and administering therapy or treatment by the use of medical devices
12 necessary and consistent with the competent practice of naturopathic medicine;
13 (vii) prescribing barrier devices for contraception;
14 (viii) using dietary therapy;
15 (ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and physiological
16 function tests;
17 (x) taking of body fluids for clinical laboratory tests and using the results of the tests in
18 diagnosis;
19 (xi) taking of a history from and conducting of a physical examination upon a human
20 patient; and
21 (xii) prescribing and administering natural medicines and medical devices, except a
22 naturopathic physician may only administer:
23 (A) a prescription drug, as defined in Section [58-17-2] 58-17a-102, in accordance with
24 Subsection (8)(d); and
25 (B) local anesthesia that is not a controlled substance, and only in the performance of
26 minor office procedures;
27 (b) to maintain an office or place of business for the purpose of doing any of the acts
28 described in Subsection (12)(a), whether or not for compensation; or
29 (c) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
30 treatment of human diseases or conditions, in any printed material, stationery, letterhead,
31 envelopes, signs, or advertisements, the designation "naturopathic physician," "naturopathic

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1 doctor," "naturopath," "doctor of naturopathic medicine," "doctor of naturopathy," "naturopathic
2 medical doctor," "naturopathic medicine," "naturopathic health care," "naturopathy," "N.D.,"
3 "N.M.D.," or any combination of these designations in any manner that might cause a reasonable
4 person to believe the individual using the designation is a licensed naturopathic physician.
5 (13) "Prescription drug or device" means:
6 (a) a drug or device which, under federal law, is required to be labeled with either of the
7 following statements or their equivalent:
8 (i) "CAUTION: Federal law prohibits dispensing without prescription"; or
9 (ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
10 veterinarian"; or
11 (b) a drug or device that is required by any applicable federal or state law or rule to be
12 dispensed on prescription only or is restricted to use by practitioners only.
13 (14) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-71-501.
14 (15) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-71-502, and as
15 may be further defined by division rule.
16 Section 97. Section 58-71-201 is amended to read:
17 58-71-201. Board.
18 (1) There is created the Naturopathic [Physician's] Physicians Licensing Board consisting
19 of three licensed naturopathic physicians and two members of the general public.
20 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
21 (3) (a) The duties and responsibilities of the board shall be in accordance with Sections
22 58-1-202 and 58-1-203.
23 (b) The board may also designate one of its members on a permanent or rotating basis to:
24 (i) assist the division in reviewing complaints concerning the unlawful or unprofessional
25 conduct of a licensee; and
26 (ii) advise the division in its investigation of these complaints.
27 (4) A board member who has, under Subsection (3), reviewed a complaint or advised in
28 its investigation may be disqualified from participating with the board when the board serves as
29 a presiding officer in an adjudicative proceeding concerning that complaint.
30 Section 98. Section 59-2-405 is amended to read:
31 59-2-405. Uniform fee on tangible personal property required to be registered with

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1 the state.
2 (1) The property described in Subsection (2), except (2)(b) and (c), is exempt from ad
3 valorem property taxes pursuant to Utah Constitution Article XIII, Section 14.
4 (2) There is levied in lieu of the ad valorem tax an annual statewide uniform fee based on
5 the value of motor vehicles, watercraft, recreational vehicles, and all other tangible personal
6 property required to be registered with the state before it is used on a public highway, on a public
7 waterway, on public land, or in the air. The following personal property is exempt from the
8 statewide uniform fee imposed by this section:
9 (a) aircraft;
10 (b) vintage vehicles as defined in Section 41-21-1;
11 (c) interstate motor carriers entitled to protection under Title 49, Section [11503a] 14502
12 of the United States Code; and
13 (d) personal property that is exempt from state or county ad valorem property taxes under
14 the laws of this state or of the federal government.
15 (3) The uniform fee is 1.7% of the fair market value of the personal property, as
16 established by the commission.
17 (4) Notwithstanding Section 59-2-407, property subject to the uniform fee that is brought
18 into the state and is required to be registered in Utah shall, as a condition of registration, be subject
19 to the uniform fee unless all property taxes or uniform fees imposed by the state of origin have
20 been paid for the current calendar year.
21 (5) (a) The revenues collected in each county from the uniform fee shall be distributed by
22 the county to each taxing entity in which the property described in Subsection (2) is located in the
23 same proportion in which revenue collected from ad valorem real property tax is distributed.
24 (b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in the
25 same proportion in which revenue collected from ad valorem real property tax is distributed.
26 (6) Appeals of the valuation of the tangible personal property described in Subsection (2)
27 shall be filed pursuant to Section 59-2-1005.
28 Section 99. Section 59-7-605 is amended to read:
29 59-7-605. Definitions -- Credit -- Cleaner burning fuels.
30 (1) As used in this section:
31 (a) "Board" means the Air Quality Board created under Title 19, Chapter 2,

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

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1 (iii) meet the clean fuel vehicle standards in the federal Clean Air Act Amendments of
2 1990, Title II;
3 (b) 20%, up to a maximum of $400, of the cost of equipment for conversion, if certified
4 by the board, of a motor vehicle registered in Utah to:
5 (i) be fueled by propane, natural gas, or electricity;
6 (ii) be fueled by other fuel the board determines annually on or before July 1 to be at least
7 as effective in reducing air pollution as fuels under Subsection (2)(a)(i); or
8 (iii) meet the federal clean-fuel vehicle standards under Subsection (2)(a)(iii); and
9 (c) 20%, up to a maximum of $500, of the cost of equipment for conversion, if certified
10 by the board, of a special fuel mobile equipment engine to be fueled by:
11 (i) propane, natural gas, or electricity; or
12 (ii) other fuel the board determines annually on or before July 1 to be:
13 (A) at least as effective in reducing air pollution as the fuels under Subsection (2)(c)(i);
14 or
15 (B) substantially more effective in reducing air pollution than the fuel for which the engine
16 was originally designed.
17 (3) A taxpayer shall provide proof of the purchase of an item for which a credit is allowed
18 under this section by:
19 (a) providing proof to the board in the form it requires by rule;
20 (b) receiving a written statement from the board acknowledging receipt of the proof; and
21 (c) attaching the written statement obtained from the board to the tax return in which the
22 credit is claimed.
23 (4) This credit is allowed only:
24 (a) against any Utah tax owed in the taxable year by the taxpayer; and
25 (b) in the taxable year in which the item is purchased for which the credit is claimed.
26 Section 100. Section 59-10-530.5 is amended to read:
27 59-10-530.5. Homeless contribution -- Credit to Homeless Trust Account.
28 (1) Each taxpayer required to file a return pursuant to Section 59-10-502 may designate
29 on the return a contribution of $2, $5, $10, or another amount not less than $2, or no contribution,
30 to the state Homeless Trust Account. Any amount designated as a contribution to this program
31 is to be deducted from the individual's state tax refund and, if a joint return, shall be a joint

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1 contribution. This option, once exercised, is irrevocable during the tax year in which it was
2 effective. If no refund is due, the taxpayer may remit the contribution with the return.
3 (2) The commission may promulgate rules to implement this section.
4 (3) The commission shall determine annually the total amount designated pursuant to this
5 section and shall report such amount to the state treasurer who shall credit such amount to the
6 Homeless Trust Account as provided for in Section [55-22-3] 9-4-803.
7 (4) This section applies to calendar-year taxpayers beginning January 1, 1988, and to
8 fiscal-year taxpayers for any part of the taxable year accruing after December 31, 1988, and to all
9 taxable years thereafter.
10 Section 101. Section 62A-3-107 is amended to read:
11 62A-3-107. Board -- Policymaking authority.
12 (1) The board is the program policymaking body for the division and for programs funded
13 with state and federal money under Sections 62A-3-104.1 and [63A-3-104.2] 62A-3-104.2. In
14 establishing policy, the board shall seek input from local area agencies on aging, consumers,
15 providers, advocates, division staff, and other interested parties as determined by the board.
16 (2) The board shall establish, by rule, procedures for developing its policies which ensure
17 that local area agencies on aging are given opportunity to comment and provide input on any new
18 policy of the board, and on any proposed changes in the board's existing policy. The board shall
19 also provide a mechanism for review of its existing policy, and for consideration of policy changes
20 that are proposed by those local area agencies.
21 Section 102. Section 62A-3-304 is amended to read:
22 62A-3-304. Adult protective services provided by division -- Costs -- Procedures.
23 (1) The division shall furnish, to the extent funded by the Legislature, adult protective
24 services in response to referrals of abuse, neglect, or exploitation involving disabled or elder adults
25 in need of protection. Those services may be provided by voluntary agreement or upon court
26 order, in accordance with this section and Sections 62A-3-305, 62A-3-306, 62A-3-309, and
27 62A-3-310.
28 (2) Disabled or elder adults who receive protective services from the division shall receive
29 those services knowingly and voluntarily, and without coercion in accordance with Subsection (5),
30 unless the services are court ordered in accordance with Subsections (6), (7), and (8) and Sections
31 62A-3-305, 62A-3-306, 62A-3-307, 62A-3-308, and 62A-3-309.

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1 (3) Costs incurred in providing protective services are the responsibility of the disabled
2 or elder adult if:
3 (a) the disabled or elder adult to be protected is eligible for those services from another
4 governmental agency;
5 (b) the disabled or elder adult to be protected is financially able to pay for those services
6 according to rates established by the division and that payment is provided for as part of the
7 written agreement for services described in Subsection [(5) (b)] (4)(b); or
8 (c) the court appoints a guardian and orders that the costs be paid from the disabled or
9 elder adult's estate.
10 (4) (a) Protective services may be provided without a court order, after review by the
11 division, for a disabled or elder adult who has the capacity to consent and who requests or
12 knowingly and voluntarily consents to receive those services.
13 (b) Whenever the division provides adult protective services, a written agreement shall be
14 executed by the division and the recipient, setting forth the purposes and limitations of the services
15 to be provided. If consent to protective services is subsequently withdrawn by the disabled or
16 elder adult, services provided under this section shall cease.
17 (5) Involuntary protective services may be provided to a disabled adult who does not
18 consent or who lacks the capacity to consent to those services only upon court order in accordance
19 with Section 62A-3-305.
20 (6) When protective services are furnished pursuant to court order in accordance with
21 Sections 62A-3-305, 62A-3-306, 62A-3-307, 62A-3-308, and 62A-3-309, the disabled or elder
22 adult receiving those services has the following rights prior to the provision of services:
23 (a) personal service of a copy of the petition for protective services which complies with
24 Section 62A-3-305;
25 (b) the right to a hearing before a district court, with at least ten days' notice of the contents
26 of the petition, the rights set forth in this section, and of the possible consequences of the hearing.
27 This notice shall also be provided to all reasonably ascertainable persons and agencies having
28 some responsibility for the disabled or elder adult's welfare, and to his guardian;
29 (c) the right to be present at the hearing described in Subsection (b), unless the disabled
30 or elder adult has knowingly and voluntarily waived the right to be present, or a licensed physician
31 who is not the petitioner or an agent of the petitioner, has certified that the disabled or elder adult

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1 is physically unable to attend, in which case the court shall appoint a court investigator to
2 personally interview that disabled or elder adult and determine his desires concerning the hearing.
3 Waiver shall not be presumed by nonappearance of the disabled or elder adult, but shall be
4 determined at the hearing on the basis of factual information supplied to the court;
5 (d) the right to counsel at the hearing, in preparation for the hearing, and at every
6 significant stage of the protective service. If a disabled or elder adult is unable to afford counsel,
7 the court shall appoint counsel, who shall be paid by the division in accordance with Subsection
8 (3);
9 (e) the right to offer evidence on his behalf, to compel the attendance of witnesses, and to
10 confront and cross-examine witnesses. The disabled or elder adult shall also be provided a written
11 statement setting forth the reasons for and conditions of any protective order; and
12 (f) the right to the least possible restriction of his rights, consistent with his welfare and
13 safety.
14 (7) Nothing in this section limits specific procedures under Title 75, or under the
15 protective placement process described in Section 62A-3-309, designed to safeguard the best
16 interests of the person to be protected.
17 Section 103. Section 62A-4a-606 is amended to read:
18 62A-4a-606. Child placing agency responsibility for educational services -- Payment
19 of costs.
20 (1) A child placing agency shall ensure that the requirements of Section 53A-11-101 are
21 met through the provision of appropriate educational services for all children served in the state
22 by the agency.
23 (2) If the educational services are to be provided through a public school, and:
24 (a) the custodial parent or legal guardian resides outside the state, then the child placing
25 agency shall pay all educational costs required under Sections 53A-2-205 and 53A-12-102; or
26 (b) the custodial parent or legal guardian resides within the state, then the child placing
27 agency shall pay all educational costs required under [Sections 53A-2-203 and] Section
28 53A-12-102.
29 (3) Children in the custody or under the care of a Utah state agency are exempt from the
30 payment of fees required under Subsection (2).
31 (4) A public school shall admit any child living within its school boundaries who is under

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1 the supervision of a child placing agency upon payment by the agency of the tuition and fees
2 required under Subsection (2).
3 Section 104. Section 62A-8-204 is amended to read:
4 62A-8-204. Court order to attend substance abuse school -- Assessments.
5 (1) In addition to any other disposition ordered by the juvenile court pursuant to Section
6 [78-3a-39] 78-3a-516, the court may order a juvenile and his parents or legal guardians to attend
7 a teen substance abuse school, and order payment of an assessment in addition to any other fine
8 imposed.
9 (2) All assessments collected shall be forwarded to the county treasurer of the county
10 where the juvenile resides, to be used exclusively for the operation of a teen substance abuse
11 program.
12 Section 105. Section 62A-12-282.1 is amended to read:
13 62A-12-282.1. Residential and inpatient settings -- Commitment proceeding -- Child
14 in physical custody of local mental health authority.
15 (1) A child may receive services from a local mental health authority in an inpatient or
16 residential setting only after a commitment proceeding, for the purpose of transferring physical
17 custody, has been conducted in accordance with the requirements of this section.
18 (2) That commitment proceeding shall be initiated by a petition for commitment, and shall
19 be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the
20 procedures and requirements of this section. If the findings described in Subsection (4) exist, the
21 proceeding shall result in the transfer of physical custody to the appropriate local mental health
22 authority, and the child may be placed in an inpatient or residential setting.
23 (3) The neutral and detached fact finder who conducts the inquiry:
24 (a) shall be a designated examiner, as defined in Subsection 62A-12-202(3); and
25 (b) may not profit, financially or otherwise, from the commitment or physical placement
26 of the child in that setting.
27 (4) Upon determination by the fact finder that the following circumstances clearly exist,
28 he may order that the child be committed to the physical custody of a local mental health authority:
29 (a) the child has a mental illness, as defined in Subsection 62A-12-202(8);
30 (b) the child demonstrates a risk of harm to himself or others;
31 (c ) the child is experiencing significant impairment in his ability to perform socially;

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1 (d) the child will benefit from care and treatment by the local mental health authority; and
2 (e) there is no appropriate less-restrictive alternative.
3 (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
4 conducted in as informal manner as possible, and in a physical setting that is not likely to have a
5 harmful effect on the child.
6 (b) The child, the child's parent or legal guardian, the person who submitted the petition
7 for commitment, and a representative of the appropriate local mental health authority shall all
8 receive informal notice of the date and time of the proceeding. Those parties shall also be afforded
9 an opportunity to appear and to address the petition for commitment.
10 (c) The neutral and detached fact finder may, in his discretion, receive the testimony of
11 any other person.
12 (d) The fact finder may allow the child to waive his right to be present at the commitment
13 proceeding, for good cause shown. If that right is waived, the purpose of the waiver shall be made
14 a matter of record at the proceeding.
15 (e) At the time of the commitment proceeding, the appropriate local mental health
16 authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
17 commitment proceeding, shall provide the neutral and detached fact finder with the following
18 information, as it relates to the period of current admission:
19 (i) the petition for commitment;
20 (ii) the admission notes;
21 (iii) the child's diagnosis;
22 (iv) physicians' orders;
23 (v) progress notes;
24 (vi) nursing notes; and
25 (vii) medication records.
26 (f) The information described in Subsection (e) shall also be provided to the child's parent
27 or legal guardian upon written request.
28 (g) (i) The neutral and detached fact finder's decision of commitment shall state the
29 duration of the commitment. Any commitment to the physical custody of a local mental health
30 authority may not exceed 180 days. Prior to expiration of the commitment, and if further
31 commitment is sought, a hearing shall be conducted in the same manner as the initial commitment

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1 proceeding, in accordance with the requirements of this section.
2 (ii) When a decision for commitment is made, the neutral and detached fact finder shall
3 inform the child and his parent or legal guardian of that decision, and of the reasons for ordering
4 commitment at the conclusion of the hearing, and also in writing.
5 (iii) The neutral and detached fact finder shall state in writing the basis of his decision,
6 with specific reference to each of the criteria described in Subsection (4), as a matter of record.
7 (6) Absent the procedures and findings required by this section, a child may be temporarily
8 committed to the physical custody of a local mental health authority only in accordance with the
9 emergency procedures described in Subsection 62A-12-232(1) or (2). A child temporarily
10 committed in accordance with those emergency procedures may be held for a maximum of 72
11 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the
12 child shall be released unless the procedures and findings required by this section have been
13 satisfied.
14 (7) A local mental health authority shall have physical custody of each child committed
15 to it under this section. The parent or legal guardian of a child committed to the physical custody
16 of a local mental health authority under this section, retains legal custody of the child, unless legal
17 custody has been otherwise modified by a court of competent jurisdiction. In cases when the
18 Division of Family Services or the Division of Youth Corrections has legal custody of a child, that
19 division shall retain legal custody for purposes of this part.
20 (8) The cost of caring for and maintaining a child in the physical custody of a local mental
21 health authority shall be assessed to and paid by the child's parents, according to their ability to
22 pay. For purposes of this section, the Division of Family Services or the Division of Youth
23 Corrections shall be financially responsible, in addition to the child's parents, if the child is in the
24 legal custody of either of those divisions at the time the child is committed to the physical custody
25 of a local mental health authority under this section, unless Medicaid regulation or contract
26 provisions specify otherwise. The Office of Recovery Services shall assist those divisions in
27 collecting the costs assessed pursuant to this section.
28 (9) Whenever application is made for commitment of a minor to a local mental health
29 authority under any provision of this section by a person other than the child's parent or guardian,
30 the local mental health authority or its designee shall notify the child's parent or guardian. The
31 parents shall be provided sufficient time to prepare and appear at any scheduled proceeding.

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1 (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
2 days after any order for commitment. The appeal may be brought on the child's own petition, or
3 that of his parent or legal guardian, to the juvenile court in the district where the child resides or
4 is currently physically located. With regard to a child in the custody of the Division of Family
5 Services or the Division of Youth Corrections, the attorney general's office shall handle the appeal,
6 otherwise the appropriate county attorney's office is responsible for appeals brought pursuant to
7 this subsection.
8 (b) Upon receipt of the petition for appeal, the court shall appoint a designated examiner
9 previously unrelated to the case, to conduct an examination of the child in accordance with the
10 criteria described in Subsection (4), and file a written report with the court. The court shall then
11 conduct an appeal hearing to determine whether the findings described in Subsection (4) exist by
12 clear and convincing evidence.
13 (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
14 its designee, or the mental health professional who has been in charge of the child's care prior to
15 commitment, shall provide the court and the designated examiner for the appeal hearing with the
16 following information, as it relates to the period of current admission:
17 (i) the original petition for commitment;
18 (ii) admission notes;
19 (iii) diagnosis;
20 (iv) physicians' orders;
21 (v) progress notes;
22 (vi) nursing notes; and
23 (vii) medication records.
24 (d) Both the neutral and detached fact finder and the designated examiner appointed for
25 the appeal hearing shall be provided with an opportunity to review the most current information
26 described in Subsection (c) prior to the appeal hearing.
27 (e) The child, his parent or legal guardian, the person who submitted the original petition
28 for commitment, and a representative of the appropriate local mental health authority shall be
29 notified by the court of the date and time of the appeal hearing. Those persons shall be afforded
30 an opportunity to appear at the hearing. In reaching its decision, the court shall review the record
31 and findings of the neutral and detached fact finder, the report of the designated examiner

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1 appointed pursuant to Subsection (b), and may, in its discretion, allow or require the testimony of
2 the neutral and detached fact finder, the designated examiner, the child, the child's parent or legal
3 guardian, the person who brought the initial petition for commitment, or any other person whose
4 testimony the court deems relevant. The court may allow the child to waive his right to appear at
5 the appeal hearing, for good cause shown. If that waiver is granted, the purpose shall be made a
6 part of the court's record.
7 (11) Each local mental health authority has an affirmative duty to conduct periodic
8 evaluations of the mental health and treatment progress of every child committed to its physical
9 custody under this section, and to release any child who has sufficiently improved so that the
10 criteria justifying commitment no longer exist.
11 (12) (a) A local mental health authority or its designee, in conjunction with the child's
12 current treating mental health professional may release an improved child to a less restrictive
13 environment, as they determine appropriate. Whenever the local mental health authority or its
14 designee, and the child's current treating mental health professional, determine that the conditions
15 justifying commitment no longer exist, the child shall be discharged and released to his parent or
16 legal guardian. With regard to a child who is in the physical custody of the State Hospital, the
17 treating psychiatrist or clinical director of the State Hospital shall be the child's current treating
18 mental health professional.
19 (b) A local mental health authority or its designee, in conjunction with the child's current
20 treating mental health professional, is authorized to issue a written order for the immediate
21 placement of a child not previously released from an order of commitment into a more restrictive
22 environment, if the local authority or its designee and the child's current treating mental health
23 professional has reason to believe that the less restrictive environment in which the child has been
24 placed is exacerbating his mental illness, or increasing the risk of harm to himself or others.
25 (c) The written order described in Subsection (b) shall include the reasons for placement
26 in a more restrictive environment and shall authorize any peace officer to take the child into
27 physical custody and transport him to a facility designated by the appropriate local mental health
28 authority in conjunction with the child's current treating mental health professional. Prior to
29 admission to the more restrictive environment, copies of the order shall be personally delivered
30 to the child, his parent or legal guardian, the administrator of the more restrictive environment, or
31 his designee, and the child's former treatment provider or facility.

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1 (d) If the child has been in a less restrictive environment for more than 30 days and is
2 aggrieved by the change to a more restrictive environment, the child or his representative may
3 request a review within 30 days of the change, by a neutral and detached fact finder as described
4 in Subsection (3). The fact finder shall determine whether:
5 (i) the less restrictive environment in which the child has been placed is exacerbating his
6 mental illness, or increasing the risk of harm to himself or others; or
7 (ii) the less restrictive environment in which the child has been placed is not exacerbating
8 his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder
9 shall designate that the child remain in the less restrictive environment.
10 (e) Nothing in this section prevents a local mental health authority or its designee, in
11 conjunction with the child's current mental health professional, from discharging a child from
12 commitment or from placing a child in an environment that is less restrictive than that designated
13 by the neutral and detached fact finder.
14 (13) Each local mental health authority or its designee, in conjunction with the child's
15 current treating mental health professional shall discharge any child who, in the opinion of that
16 local authority, or its designee, and the child's current treating mental health professional, no
17 longer meets the criteria specified in Subsection (4), except as provided by Section [78-3a-40]
18 78-3a-520. The local authority and the mental health professional shall assure that any further
19 supportive services required to meet the child's needs upon release will be provided.
20 (14) Even though a child has been committed to the physical custody of a local mental
21 health authority pursuant to this section, the child is still entitled to additional due process
22 proceedings, in accordance with Section 62A-12-283.1, before any treatment which may affect a
23 constitutionally protected liberty or privacy interest is administered. Those treatments include, but
24 are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
25 Section 106. Section 62A-12-289 is amended to read:
26 62A-12-289. Responsibilities of the Division of Mental Health.
27 (1) It is the responsibility of the division to assure that the requirements of this part are met
28 and applied uniformly by local mental health authorities across the state.
29 (2) Since it is the division's responsibility, under Section 62A-12-102, to contract with,
30 review, and approve local mental health authority plans, and to withhold funds from local mental
31 health authorities and public and private providers for contract noncompliance, the division shall:

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1 (a) require each local mental health authority to submit its plan to the division by May 1
2 of each year;
3 (b) forward a copy of each local mental health authority's written plan to the Office of
4 Legislative Research and General Counsel, for review by the Human Services Interim Committee,
5 within ten days after receiving the plan;
6 (c) conduct an annual program audit and review of each local mental health authority in
7 the state, and its contract provider; and
8 (d) provide a written [and oral] report to the Human Services Interim Committee on July
9 1, 1996, and each year thereafter, and provide an oral report to that committee, as scheduled. That
10 report shall provide information regarding the annual program audit, the financial status of each
11 local mental health authority and its contract provider, the status of each local authority's and its
12 contract provider's compliance with its plan, state statutes, and with the provisions of the contract
13 awarded.
14 Section 107. Section 63-11-60.4 is amended to read:
15 63-11-60.4. Heritage trees -- Advisory committee -- Members -- Officers -- Expenses
16 -- Functions.
17 (1) There is created a Heritage Trees Advisory Committee composed of five persons
18 appointed by the division from among persons who are members of the Utah Association of Shade
19 Tree Commissions.
20 (2) (a) Except as required by Subsection (b), as terms of current committee members
21 expire, the division shall appoint each new member or reappointed member to a four-year term.
22 (b) Notwithstanding the requirements of Subsection (a), the division shall, at the time of
23 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
24 members are staggered so that approximately half of the committee is appointed every two years.
25 (c) No two members shall be appointed from the same city.
26 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
27 appointed for the unexpired term.
28 (4) The committee shall elect a chair who is responsible to call and conduct meetings.
29 Three members present at a duly called meeting constitute a quorum for the transaction of official
30 business. Members of the committee may meet as often as considered necessary. The urban
31 forestry staff person of the division shall serve as secretary to the committee.

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1 (5) (a) Members shall receive no compensation or benefits for their services, but may
2 receive per diem and expenses incurred in the performance of the member's official duties at the
3 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
4 (b) Members may decline to receive per diem and expenses for their service.
5 [(5)] (6) The committee shall:
6 (a) publish guidelines for division use in granting or denying applications for the
7 designation of heritage trees;
8 (b) publish an annual register of designated heritage trees and distribute it to public
9 utilities, tree service companies, municipal forestry and parks departments, and the public; and
10 (c) develop a system for visibly identifying designated heritage trees.
11 Section 108. Section 63-11a-402 is amended to read:
12 63-11a-402. Council membership -- Expenses.
13 (1) The council shall consist of nine members knowledgeable about muscle-powered
14 recreational activities as follows:
15 (a) five members shall represent the public at large;
16 (b) one member, nominated by the Utah League of Cities and Towns, shall represent city
17 government;
18 (c) one member, nominated by the Utah Association of Counties, shall represent county
19 government;
20 (d) one member shall represent the United States Forest Service; and
21 (e) one member shall represent the Bureau of Land Management.
22 (2) (a) Except as required by Subsection (b), as terms of current council members expire,
23 the governor shall appoint each new member or reappointed member to a four-year term.
24 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
25 appointment or reappointment, adjust the length of terms to ensure that the terms of council
26 members are staggered so that approximately half of the council is appointed every two years.
27 (3) The council shall elect annually a chair and a vice chair from its members.
28 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
29 appointed for the unexpired term.
30 (5) (a) (i) Members who are not government employees shall receive no compensation or
31 benefits for their services, but may receive per diem and expenses incurred in the performance of

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1 the member's official duties at the rates established by the Division of Finance under Sections
2 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the council at the rates established by the Division
7 of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 (c) (i) Local government members who do not receive salary, per diem, or expenses from
11 the entity that they represent for their service may receive per diem and expenses incurred in the
12 performance of their official duties at the rates established by the Division of Finance under
13 Sections 63A-3-106 and 63A-3-107.
14 (ii) Local government members may decline to receive per diem and expenses for their
15 service.
16 Section 109. Section 63-46a-7 is amended to read:
17 63-46a-7. Exceptions to rulemaking procedure.
18 (1) All agencies shall comply with the rulemaking procedures of Section 63-46a-4 unless
19 an agency finds that these procedures would:
20 (a) cause an imminent peril to the public health, safety, or welfare;
21 (b) cause an imminent budget reduction because of budget restraints or federal
22 requirements; or
23 (c) place the agency in violation of federal or state law.
24 (2) (a) When finding that its rule is excepted from regular rulemaking procedures by this
25 section, the agency shall file with the division:
26 (i) a copy of the rule; and
27 (ii) a rule analysis that includes the specific reasons and justifications for its findings.
28 (b) The division shall publish the rule in the bulletin as provided in Subsection 63-46a-4
29 (2).
30 (c) The agency shall notify interested persons as provided in Subsection 63-46a-4 [(4)] (5).
31 (d) The rule becomes effective for a period not exceeding 120 days on the date of filing

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1 or any later date designated in the rule.
2 (3) If the agency intends the rule to be effective beyond 120 days, the agency shall also
3 comply with the procedures of Section 63-46a-4.
4 Section 110. Section 63-55-209 is amended to read:
5 63-55-209. Repeal dates, Title 9.
6 (1) (a) Title 9, Chapter 1, Part 2, Department of Community and Economic Development,
7 is repealed July 1, 2005.
8 (b) Title 9, Chapter 1, Part 8, Utah Commission on [National and Community Service Act]
9 Volunteers, is repealed July 1, 1999.
10 (2) Title 9, Chapter 2, Part 2, [Division of] Business and Economic Development Act, is
11 repealed July 1, 2002.
12 (3) Title 9, Chapter 2, Part 3, Small Business Advisory Council, is repealed July 1, 1999.
13 (4) Title 9, Chapter 2, Part 7, Utah Technology Finance Corporation Act, is repealed July
14 1, 2002.
15 (5) Section 9-2-1208 regarding waste tire recycling loans is repealed July 1, 2000.
16 (6) Title 9, Chapter 2, Part 16, Recycling Market Development Zone Act, is repealed July
17 1, 2000[,]. Sections 59-7-608 and 59-10-108.7 are repealed for tax years beginning on or after
18 January 1, 2001.
19 (7) (a) Title 9, Chapter 3, Part 2, Division of Travel Development, is repealed July 1, 1999.
20 (b) Title 9, Chapter 3, Part 3, Heber Valley Historic Railroad Authority, is repealed July
21 1, 1999.
22 (8) Title 9, Chapter 4, Part 4, Disaster Relief, is repealed July 1, 1999.
23 (9) Title 9, Chapter 4, Part 8, Homeless Coordinating Committee, is repealed July 1, 1998.
24 (10) Title 9, Chapter 4, Part 9, Utah Housing Finance Agency Act, is repealed July 1,
25 2006.
26 (11) Title 9, Chapter 6, Part 2, Division of Fine Arts, is repealed July 1, 1999.
27 (12) Title 9, Chapter 7, Part 2, State Library Division, is repealed July 1, 2005.
28 (13) Title 9, Chapter 8, Part 2, Division of State History, is repealed July 1, 1997.
29 (14) Title 9, Chapter 9, Part 1, Division of Indian Affairs, is repealed July 1, 2005.
30 Section 111. Section 63-55-220 is amended to read:
31 63-55-220. Repeal dates, Title 20.

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1 Judicial nominating commissions, created in [Section 20-1-7.2] Sections 20A-12-102 and
2 20A-12-103, are repealed July 1, 1999.
3 Section 112. Section 63-55-235 (Effective 07/01/97) is amended to read:
4 63-55-235 (Effective 07/01/97). Repeal dates, Title 35 and Title 35A.
5 [(2)] (1) Title 35, Chapter 10, Utah Injured Worker Reemployment Act, is repealed July
6 1, 1999.
7 [(1)] (2) Title 35A, Utah Workforce Services Code, is repealed July 1, 2005.
8 Section 113. Section 63-55-258 is amended to read:
9 63-55-258. Repeal dates, Title 58.
10 (1) Title 58, Chapter 1, Division of Occupational and Professional Licensing Act, is
11 repealed July 1, 2006.
12 (2) Title 58, Chapter [3] 3a, Architects Licensing Act, is repealed July 1, 2003.
13 (3) Title 58, Chapter 5a, Podiatric Physician Licensing Act, is repealed July 1, 2002.
14 (4) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 1998.
15 (5) Title 58, Chapter 11a, Cosmetologist/Barber Licensing Act, is repealed July 1, 2006.
16 [(b)] (6) Title 58, Chapter 13, Part 4, Health Care Providers Immunity from Liability Act,
17 is repealed July 1, 2006.
18 (7) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2005.
19 (8) Title 58, Chapter 16a, Utah Optometry Practice Act, is repealed July 1, 1999.
20 (9) Title 58, Chapter 17a, Pharmacy Practice Act, is repealed July 1, 2006.
21 (10) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2003.
22 (11) Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act, is
23 repealed July 1, 2005.
24 (12) Title 58, Chapter 24a, Physical Therapist Practice Act, is repealed July 1, 2003.
25 (13) Title 58, Chapter 26, Certified Public Accountant Licensing Act, is repealed July 1,
26 2002.
27 (14) Title 58, Chapter 28, Veterinary Practice Act, is repealed July 1, 2004.
28 (15) Title 58, Chapter 31, Nurse Practice Act, is repealed July 1, 2005.
29 (16) Title 58, Chapter 37, Utah Controlled Substances Act, is repealed July 1, 1997.
30 (17) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, is repealed July 1, 1997.
31 (18) Title 58, Chapter 37b, Imitation Controlled Substances Act, is repealed July 1, 1997.

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1 (19) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2005.
2 (20) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, is
3 repealed July 1, 1999.
4 (21) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2005.
5 (22) Title 58, Chapter 44a, Nurse Midwife Practice Act, is repealed July 1, 2000.
6 (23) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
7 1, 2003.
8 (24) Title 58, Chapter 47b, Massage Practice Act, is repealed July 1, 2004.
9 (25) Title 58, Chapter 49, Dietitian Certification Act, is repealed July 1, 2005.
10 (26) Title 58, Chapter 50, Private Probation Provider Licensing Act, is repealed July 1,
11 2001.
12 (27) Title 58, Chapter 53, Landscape Architects Licensing Act, is repealed July 1, 1998.
13 (28) Title 58, Chapter 59, Employee Leasing Company Licensing Act, is repealed July 1,
14 2002.
15 (29) Title 58, Chapter 60:
16 (a) Part 2, Social Worker Licensing Act, is repealed July 1, 2003;
17 (b) Part 3, Marriage and Family Therapist Licensing Act, is repealed July 1, 2004; and
18 (c) Part 4, Professional Counselor Licensing Act, is repealed July 1, 1999.
19 (30) Title 58, Chapter 61, Psychologist Licensing Act, is repealed July 1, 2002.
20 (31) Title 58, Chapter 66, Utah Professional Boxing Regulation Act, is repealed July 1,
21 2005.
22 (32) Title 58, Chapter 67, Utah Medical Practice Act, is repealed July 1, 2006.
23 (33) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, is repealed July 1, 2006.
24 (34) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, is repealed July 1,
25 2006.
26 [(6) (a)] (35) Title 58, Chapter 71, Naturopathic Physician Practice Act, is repealed July
27 1, 2006.
28 [(c)] (36) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2002.
29 [(d)] (37) Title 58, Chapter 73, Chiropractic Physician Practice Act, is repealed July 1,
30 2006.
31 Section 114. Section 63-83-5 is amended to read:

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1 63-83-5. Terms and conditions of sale -- Plan of financing -- Signatures --
2 Replacement -- Registration -- Federal rebate.
3 (1) In the issuance of bonds, the commission may determine by resolution:
4 (a) the manner of sale, including public or private sale;
5 (b) the terms and conditions of sale, including price, whether at, below, or above face
6 value;
7 (c) denominations;
8 (d) form;
9 (e) manner of execution;
10 (f) manner of authentication;
11 (g) place and medium of purchase;
12 (h) redemption terms; and
13 (i) other provisions and details it considers appropriate.
14 (2) The commission may by resolution adopt a plan of financing, which may include terms
15 and conditions of arrangements entered into by the commission on behalf of the state with
16 financial and other institutions for letters of credit, standby letters of credit, reimbursement
17 agreements, and remarketing, indexing, and tender agent agreements to secure the bonds, including
18 payment from any legally available source of fees, charges, or other amounts coming due under
19 the agreements entered into by the commission.
20 (3) (a) Any signature of a public official authorized by resolution of the commission to
21 sign the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or
22 otherwise placed on the bonds.
23 (b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
24 be made for a manual authenticating signature on the bonds by or on behalf of a designated
25 authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
26 otherwise placed on the bonds.
27 (c) If an official ceases to hold office before delivery of the bonds signed by that official,
28 the signature or facsimile signature of the official is nevertheless valid for all purposes.
29 (4) The commission by resolution may provide for the replacement of lost, destroyed, or
30 mutilated bonds, or for the exchange of bonds after issuance for bonds of smaller or larger
31 denominations. Bonds in changed denominations shall be exchanged for the original bonds in like

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1 aggregate principal amounts and in a manner that prevents the duplication of interest, and shall
2 bear interest at the same rate, mature on the same date, and be as nearly as practicable in the form
3 of the original bonds.
4 (5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
5 form under which the right to principal and interest may be transferred only through a book entry.
6 (b) The commission may provide for the services and payment for the services of one or
7 more financial institutions or other entities or persons, or nominees, within or outside the state, for
8 the authentication, registration, transfer, including record, bookkeeping, or book entry functions,
9 exchange, and payment of the bonds.
10 (c) The records of ownership, registration, transfer, and exchange of the bonds, and of
11 persons to whom payment with respect to the obligations is made, are private [data] records or
12 [confidential data] protected records as defined in Section [63-2-61] 63-2-103.
13 (d) The bonds and any evidences of participation interest in the bonds may be issued,
14 executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with
15 Title 15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating
16 to the registration of obligations enacted to meet the requirements of Section 149 of the Internal
17 Revenue Code of 1986 or any successor to it, and applicable regulations.
18 (6) The commission may, by resolution, provide for payment to the United States of such
19 amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of
20 1986, and may enter into agreements with financial and other institutions and attorneys to provide
21 for the calculation, holding, and payment of such amounts and provide for payment from any
22 legally available source of fees, charges, or other amounts coming due under any agreements
23 entered into by the commission.
24 Section 115. Section 63-84-5 is amended to read:
25 63-84-5. Terms and conditions of sale -- Plan of financing -- Signatures --
26 Replacement -- Registration -- Federal rebate.
27 (1) In the issuance of bonds, the commission may determine by resolution:
28 (a) the manner of sale, including public or private sale;
29 (b) the terms and conditions of sale, including price, whether at, below, or above face
30 value;
31 (c) denominations;

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1 (d) form;
2 (e) manner of execution;
3 (f) manner of authentication;
4 (g) place and medium of purchase;
5 (h) redemption terms; and
6 (i) other provisions and details it considers appropriate.
7 (2) The commission may by resolution adopt a plan of financing which may include terms
8 and conditions of arrangements entered into by the commission on behalf of the state with
9 financial and other institutions for letters of credit, standby letters of credit, reimbursement
10 agreements, and remarketing, indexing, and tender agent agreements to secure the bonds, including
11 payment from any legally available source of fees, charges, or other amounts coming due under
12 the agreements entered into by the commission.
13 (3) (a) Any signature of a public official authorized by resolution of the commission to
14 sign the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or
15 otherwise placed on the bonds.
16 (b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
17 be made for a manual authenticating signature on the bonds by or on behalf of a designated
18 authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
19 otherwise placed on the bonds.
20 (c) If an official ceases to hold office before delivery of the bonds signed by that official,
21 the signature or facsimile signature of the official is nevertheless valid for all purposes.
22 (4) The commission by resolution may provide for the replacement of lost, destroyed, or
23 mutilated bonds, or for the exchange of bonds after issuance for bonds of smaller or larger
24 denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
25 aggregate principal amounts and in a manner that prevents the duplication of interest, and shall
26 bear interest at the same rate, mature on the same date, and be as nearly as practicable in the form
27 of the original bonds.
28 (5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
29 form under which the right to principal and interest may be transferred only through a book entry.
30 (b) The commission may provide for the services and payment for the services of one or
31 more financial institutions or other entities or persons, or nominees, within or outside the state, for

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1 the authentication, registration, transfer, including record, bookkeeping, or book entry functions,
2 exchange, and payment of the bonds.
3 (c) The records of ownership, registration, transfer, and exchange of the bonds, and of
4 persons to whom payment with respect to the obligations is made, are ["]private [data"] records
5 or ["confidential data"] protected records as defined in Section [63-2-61] 63-2-103.
6 (d) The bonds and any evidences of participation interest in the bonds may be issued,
7 executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with
8 Title 15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating
9 to the registration of obligations enacted to meet the requirements of Section 149 of the Internal
10 Revenue Code of 1986 or any successor to it, and applicable regulations.
11 (6) The commission may, by resolution, provide for payment to the United States of such
12 amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of
13 1986, and may enter into agreements with financial and other institutions and attorneys to provide
14 for the calculation, holding, and payment of such amounts and provide for payment from any
15 legally available source of fees, charges, or other amounts coming due under any agreements
16 entered into by the commission.
17 Section 116. Section 63-85-5 is amended to read:
18 63-85-5. Terms and conditions of sale -- Plan of financing -- Signatures --
19 Replacement -- Registration -- Federal rebate.
20 (1) In the issuance of bonds, the commission may determine by resolution:
21 (a) the manner of sale, including public or private sale;
22 (b) the terms and conditions of sale, including price, whether at, below, or above face
23 value;
24 (c) denominations;
25 (d) form;
26 (e) manner of execution;
27 (f) manner of authentication;
28 (g) place and medium of purchase;
29 (h) redemption terms; and
30 (i) other provisions and details it considers appropriate.
31 (2) The commission may by resolution adopt a plan of financing, which may include terms

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

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1 Title 15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating
2 to the registration of obligations enacted to meet the requirements of Section 149 of the Internal
3 Revenue Code of 1986, as amended, or any successor to it, and applicable regulations.
4 (6) The commission may, by resolution, provide for payment to the United States of such
5 amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of
6 1986, as amended, and may enter into agreements with financial and other institutions and
7 attorneys to provide for the calculation, holding, and payment of such amounts and provide for
8 payment from any legally available source of fees, charges, or other amounts coming due under
9 any agreements entered into by the commission.
10 Section 117. Section 63-86-5 is amended to read:
11 63-86-5. Terms and conditions of sale -- Plan of financing -- Signatures --
12 Replacement -- Registration -- Federal rebate.
13 (1) In the issuance of bonds, the commission may determine by resolution:
14 (a) the manner of sale, including public or private sale;
15 (b) the terms and conditions of sale, including price, whether at, below, or above face
16 value;
17 (c) denominations;
18 (d) form;
19 (e) manner of execution;
20 (f) manner of authentication;
21 (g) place and medium of purchase;
22 (h) redemption terms; and
23 (i) other provisions and details it considers appropriate.
24 (2) The commission may by resolution adopt a plan of financing which may include terms
25 and conditions of arrangements entered into by the commission on behalf of the state with
26 financial and other institutions for letters of credit, standby letters of credit, reimbursement
27 agreements, and remarketing, indexing, and tender agent agreements to secure the bonds, including
28 payment from any legally available source of fees, charges, or other amounts coming due under
29 the agreements entered into by the commission.
30 (3) (a) Any signature of a public official authorized by resolution of the commission to
31 sign the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or

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1 otherwise placed on the bonds.
2 (b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
3 be made for a manual authenticating signature on the bonds by or on behalf of a designated
4 authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
5 otherwise placed on the bonds.
6 (c) If an official ceases to hold office before delivery of the bonds signed by that official,
7 the signature or facsimile signature of the official is nevertheless valid for all purposes.
8 (4) The commission by resolution may provide for the replacement of lost, destroyed, or
9 mutilated bonds, or for the exchange of bonds after issuance for bonds of smaller or larger
10 denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
11 aggregate principal amounts and in a manner that prevents the duplication of interest, and shall
12 bear interest at the same rate, mature on the same date, and be as nearly as practicable in the form
13 of the original bonds.
14 (5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
15 form under which the right to principal and interest may be transferred only through a book entry.
16 (b) The commission may provide for the services and payment for the services of one or
17 more financial institutions or other entities or persons, or nominees, within or outside the state, for
18 the authentication, registration, transfer, including record, bookkeeping, or book entry functions,
19 exchange, and payment of the bonds.
20 (c) The records of ownership, registration, transfer, and exchange of the bonds, and of
21 persons to whom payment with respect to the obligations is made, are ["]private [data"] records
22 or ["confidential data"] protected records as defined in Section [63-2-61] 63-2-103.
23 (d) The bonds and any evidences of participation interest in the bonds may be issued,
24 executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with
25 Title 15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating
26 to the registration of obligations enacted to meet the requirements of Section 149 of the Internal
27 Revenue Code of 1986, as amended, or any successor to it, and applicable regulations.
28 (6) The commission may, by resolution, provide for payment to the United States of such
29 amounts as may be necessary to comply with Section 148 (f) of the Internal Revenue Code of
30 1986, as amended, and may enter into agreements with financial and other institutions and
31 attorneys to provide for the calculation, holding, and payment of such amounts and provide for

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1 payment from any legally available source of fees, charges, or other amounts coming due under
2 any agreements entered into by the commission.
3 Section 118. Section 63A-10-106 is amended to read:
4 63A-10-106. Contracts, financial arrangements, requirements, or exemptions
5 voidable.
6 (1) Except as provided in Subsection (2) or Subsection [63-10-105(4)] 63A-10-105(4), for
7 any contract or financial arrangement entered into after May 1, 1996, the contract or financial
8 arrangement with, state requirement on, or exemption for the organizing committee or other entity
9 in relation to the Olympics that is not reviewed and approved in accordance with this chapter is
10 voidable at the option of the governor.
11 (2) The coordinator may establish a policy that exempts a contract or agreement from the
12 requirements of this chapter if:
13 (a) the size of a project, the scope of the activities, or the amount of money or state
14 resources involved in the contract or agreement is of a minimal or insignificant nature; and
15 (b) the exemption is in the public interest.
16 Section 119. Section 63C-3-103 is amended to read:
17 63C-3-103. Membership -- Appointment -- Terms -- Per diem and expenses --
18 Quorum.
19 (1) The commission shall be composed of 13 voting members appointed as follows:
20 (a) the governor, who shall be the chair of the commission;
21 (b) six members appointed by the governor with the advice and consent of the Senate;
22 (c) three members of the House of Representatives, two who belong to the majority party
23 appointed by the speaker of the House of Representatives, and one who belongs to the minority
24 party, appointed by the minority leader of the House of Representatives; and
25 (d) three members of the Senate, two who belong to the majority party appointed by the
26 president of the Senate, and one who belongs to the minority party, appointed by the minority
27 leader of the Senate.
28 (2) (a) A member or officer of the commission is subject to Title 67, Chapter 16, Utah
29 Public Officers' and Employees' Ethics Act.
30 (b) In addition to the requirements of Subsection (a), a member or officer of the
31 commission may not be employed by, or have an ownership interest in, any entity whose creation

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1 is recommended by the commission.
2 (3) In the governor's absence, the governor may appoint a designee to chair the
3 commission and vote on the governor's behalf.
4 (4) (a) Except as required by Subsection (b), as terms of current commission members
5 expire, the governor shall appoint each new member or reappointed member to a four-year term.
6 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
7 appointment or reappointment, adjust the length of terms to ensure that the terms of commission
8 members are staggered so that approximately half of the commission is appointed every two years.
9 (c) Terms shall expire on June 30 of the appropriate year.
10 (5) A member of the House or Senate who leaves office before the four-year term has
11 expired may be replaced by [their] the member's appointing authority.
12 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
13 appointed for the unexpired term.
14 (7) (a) (i) Members who are not government employees shall receive no compensation or
15 benefits for their services, but may receive per diem and expenses incurred in the performance of
16 the member's official duties at the rates established by the Division of Finance under Sections
17 63A-3-106 and 63A-3-107.
18 (ii) Members may decline to receive per diem and expenses for their service.
19 (b) (i) State government officer and employee members who do not receive salary, per
20 diem, or expenses from their agency for their service may receive per diem and expenses incurred
21 in the performance of their official duties from the commission at the rates established by the
22 Division of Finance under Sections 63A-3-106 and 63A-3-107.
23 (ii) State government officer and employee members may decline to receive per diem and
24 expenses for their service.
25 (c) Legislators on the committee shall receive compensation and expenses as provided by
26 law and legislative rule.
27 (d) (i) Local government members who do not receive salary, per diem, or expenses from
28 the entity that they represent for their service may receive per diem and expenses incurred in the
29 performance of their official duties at the rates established by the Division of Finance under
30 Sections 63A-3-106 and 63A-3-107.
31 (ii) Local government members may decline to receive per diem and expenses for their

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1 service.
2 (8) A majority of the members of the commission constitutes a quorum and the action of
3 a majority of a quorum constitutes the action of the commission.
4 Section 120. Section 64-13-16 (Effective 07/01/97) is amended to read:
5 64-13-16 (Effective 07/01/97). Inmate employment.
6 (1) [Unless incapable of employment because of sickness or other infirmity or for security
7 reasons, the] The department may employ inmates, unless incapable of employment because of
8 sickness or other infirmity or for security reasons, to the degree that funding and available
9 resources allow. An offender may not be employed on work which benefits any employee or
10 officer of the department.
11 (2) An offender employed under this section is not considered an employee, worker,
12 workman, or operative for purposes of Title 35A, Chapter 3, Workers' Compensation Act, except
13 as required by federal statute or regulation.
14 Section 121. Section 65A-7-5 is amended to read:
15 65A-7-5. Surface leases -- Procedures for issuing leases.
16 (1) The division may issue surface leases of state lands for any period up to 99 years.
17 (2) This section does not apply to leases for oil and gas, grazing, or mining purposes.
18 (3) The division shall disclose any known geologic hazard affecting leased property.
19 (4) (a) (i) Surface leases may be entered into by negotiation, public auction, or other public
20 competitive bidding process as determined by rules of the division.
21 (ii) Requests for proposals (RFP) on state lands may be offered by the division after public
22 notice.
23 (b) (i) A notice of an invitation for bids or a public auction shall, prior to the auction or
24 acceptance of a bid, be published at least once a week for three consecutive weeks in one or more
25 newspapers of general circulation in the county in which the lease is offered.
26 (ii) The notice shall be sent, by certified mail, at least 30 days prior to the auction or
27 acceptance of a bid, to each person who owns property adjoining the state lands offered for lease.
28 (c) (i) Surface leases entered into through negotiation shall be published in the manner set
29 forth in Subsection [(6)] (4)(b) 30 days prior to final approval.
30 (ii) The notice shall include, at a minimum, a general description of the lands proposed
31 for lease and the type of lease.

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1 Section 122. Section 65A-8-6.2 is amended to read:
2 65A-8-6.2. Agreements for coverage by the Wildland Fire Suppression Fund --
3 Eligible lands -- County and state obligations -- Termination -- Revocation.
4 (1) (a) A county legislative body may annually enter into a written agreement with the
5 state forester to provide for payment of county fire suppression costs in excess of the county's fire
6 suppression budget out of the Wildland Fire Suppression Fund.
7 (b) Fire suppression costs on lands within the unincorporated area of a county, except
8 federal or state lands, are eligible for coverage by the Wildland Fire Suppression Fund.
9 (2) An agreement for payment of fire suppression costs from the Wildland Fire
10 Suppression Fund shall provide that the county shall:
11 (a) pay into the fund an amount equal to:
12 (i) [$.01] .01 times the number of acres of privately- or county-owned land in the
13 unincorporated area of the county; and
14 (ii) .0001 times the taxable value of property in the unincorporated area of the county; and
15 (b) budget an amount for fire suppression costs determined to be normal by the state
16 forester in accordance with the formula specified in Section 65A-8-6.
17 (3) (a) After the first year of operation of the fund, any county that elects to initiate
18 participation in the fund, or reestablish participation in the fund after participation was terminated,
19 shall be required to make an equity payment, in addition to the assessment provided in Subsection
20 (2)(a).
21 (b) The equity payment shall represent what the county's equity in the fund would be if
22 the county had made assessments into the fund for each of the previous three years.
23 (c) The equity payment shall be determined by the state forester in accordance with
24 division rules.
25 (4) The agreement shall provide that:
26 (a) the state shall pay into the fund an amount equal to the county's payment, including
27 any equity payment required under Subsection (3); and
28 (b) if monies in the fund are insufficient to pay for all eligible fire suppression costs, the
29 state shall pay for 1/2 of the county's remaining costs.
30 (5) The agreement shall provide for revocation of the agreement for failure to pay
31 assessments when due.

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1 (6) Any county that elects to withdraw from participation in the fund, or whose
2 participation in the fund is revoked due to failure to pay its assessments when due, shall forfeit any
3 right to any previously paid assessments by the county.
4 Section 123. Section 67-5c-103 is amended to read:
5 67-5c-103. Criminal Defense Costs Trust Fund -- Creation.
6 (1) There is created an expendable trust fund known as the Criminal Defense Costs Trust
7 Fund to be administered and distributed by the Utah Prosecution Council in accordance with
8 contracts made under Section [67-5c-201] 67-5c-101 in cooperation with the Division of Finance.
9 (2) Monies deposited in this trust fund only shall be used to pay for the representation,
10 costs, and expenses of legal defense counsel for legal defense counsel of an indigent inmate in a
11 state prison located in a county of the third, fourth, fifth, or sixth class as defined in Section
12 17-16-13 who is charged with having committed a crime within the facility, and who will require
13 defense counsel.
14 (3) The trust fund shall be funded from proceeds received from counties that impose the
15 additional tax levy by ordinance under Subsection 67-5c-101(5) to be deposited in the Criminal
16 Defense Costs Trust Fund.
17 (4) Notwithstanding Subsection (1), any fund balance in excess of $1,000,000 remaining
18 in the trust fund as of June 30 of any fiscal year shall be transferred to the General Fund.
19 Section 124. Section 67-19-12 is amended to read:
20 67-19-12. State pay plans -- Applicability of section -- Exemptions from section --
21 Duties of director.
22 (1) (a) This section, and the rules adopted by the department to implement this section,
23 apply to each career and noncareer state employee not specifically exempted under Subsection (2).
24 (b) If not exempted under Subsection (2), a state employee is considered to be in classified
25 service.
26 (2) (a) The following state employees are exempt from this section:
27 (i) members of the Legislature and legislative employees;
28 (ii) members of the judiciary and judicial employees;
29 (iii) elected members of the executive branch and their direct staff who are merit-exempt
30 employees;
31 (iv) certificated employees of the State Board of Education;

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1 (v) officers, faculty, and other employees of state institutions of higher education;
2 (vi) employees in any position for which the salary is set by statute;
3 (vii) attorneys in the Office of the Attorney General;
4 (viii) department heads and other persons appointed by the governor pursuant to statute;
5 (ix) employees of the Department of Community and Economic Development whose
6 positions are designated as executive/professional positions by the executive director of the
7 Department of Community and Economic Development with the concurrence of the director;
8 (x) deputy, division, and assistant directors and administrative assistants who report
9 directly to a department head or his equivalent; and
10 (xi) any other person whose appointment is required by law to be approved by the
11 governor.
12 (b) The executive director shall determine the salary range and other employment benefits
13 for appointees under Subsection (2)(a)(xi).
14 (3) (a) The director shall prepare, maintain, and revise a position classification plan for
15 each employee position not exempted under Subsection (2) to provide equal pay for equal work.
16 (b) Classification of positions shall be based upon similarity of duties performed and
17 responsibilities assumed, so that the same qualifications may reasonably be required for, and the
18 same salary range may be applied equitably to, each position in the same class.
19 (c) The director shall allocate or reallocate the position of each employee in classified
20 service to one of the classes in the classification plan.
21 (d) (i) The department shall conduct periodic studies and desk audits to provide that the
22 classification plan remains reasonably current and reflects the duties and responsibilities assigned
23 to and performed by employees.
24 (ii) The director shall determine the schedule for studies and desk audits after considering
25 factors such as changes in duties and responsibilities of positions or agency reorganizations.
26 (4) (a) With the approval of the governor, the director shall develop and adopt pay plans
27 for each position in classified service.
28 (b) The director shall design each pay plan to achieve, to the degree that funds permit,
29 comparability of state salary ranges to salary ranges used by private enterprise and other public
30 employment for similar work.
31 (c) The director shall adhere to the following in developing each pay plan:

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1 (i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
2 differential among the various classes of positions in the classification plan.
3 (ii) The director shall assign each class of positions in the classification plan to a salary
4 range and shall set the width of the salary range to reflect the normal growth and productivity
5 potential of employees in that class. The width of the ranges need not be uniform for all classes
6 of positions in the plan, but each range shall contain merit steps in increments of 2.75% salary
7 increases.
8 (iii) The director shall issue rules for the administration of pay plans. The rules may
9 provide for exceptional performance increases and for a program of incentive awards for
10 cost-saving suggestions and other commendable acts of employees. The director shall issue rules
11 providing for salary adjustments.
12 (iv) Merit step increases shall be granted, if funds are available, to employees who receive
13 a rating of "successful" or higher in an annual evaluation of their productivity and performance.
14 (v) By October 15 of each year, the director shall submit market comparability adjustments
15 to the state budget officer for consideration to be included as part of the affected agency's base
16 budgets.
17 (vi) By October 31 of each year, the director shall recommend a compensation package
18 to the governor.
19 (vii) Adjustments shall incorporate the results of a total compensation market survey of
20 salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
21 private and public employment in the state. The survey may also study comparable unusual
22 positions requiring recruitment outside Utah in the surrounding western states. The director may
23 cooperate with other public and private employers in conducting the survey.
24 (viii) The director shall establish criteria to assure the adequacy and accuracy of the survey
25 and shall use methods and techniques similar to and consistent with those used in private sector
26 surveys. Except as provided under Section 67-19-12.3, the survey shall include a reasonable cross
27 section of employers. The director may cooperate with or participate in any survey conducted by
28 other public and private employers.
29 (ix) The establishing of a salary range is a nondelegable activity subject to Subsection
30 67-19-8(1) and is not appealable under the grievance procedures of Sections 67-19-30 through
31 67-19-32, Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.

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1 (x) The governor shall:
2 [(i)] (A) consider salary adjustments recommended under Subsection (4)(c)(vi) in
3 preparing the executive budget and shall recommend the method of distributing the adjustments;
4 [(ii)] (B) submit compensation recommendations to the Legislature; and
5 [(iii)] (C) support the recommendation with schedules indicating the cost to individual
6 departments and the source of funds.
7 (xi) If funding is approved by the Legislature in a general appropriations act, the
8 adjustments take effect on the July 1 following the enactment.
9 (5) (a) The director shall regularly evaluate the total compensation program of state
10 employees in the classified service.
11 (b) The department shall determine if employee benefits are comparable to those offered
12 by other private and public employers using information from:
13 (i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
14 Chamber of Commerce Research Center; or
15 (ii) the most recent edition of a nationally recognized benefits survey.
16 (6) (a) The director shall submit proposals for a state employee compensation plan to the
17 governor by October 31 of each year, setting forth findings and recommendations affecting state
18 employee compensation.
19 (b) The governor shall consider the director's proposals in preparing budget
20 recommendations for the Legislature.
21 (c) The governor's budget proposals to the Legislature shall include a specific
22 recommendation on state employee compensation.
23 Section 125. Section 70A-2-103 is amended to read:
24 70A-2-103. Definitions and index of definitions.
25 (1) In this chapter unless the context otherwise requires
26 (a) "Buyer" means a person who buys or contracts to buy goods.
27 (b) "Good faith" in the case of a merchant means honesty in fact and the observance of
28 reasonable commercial standards of fair dealing in the trade.
29 (c) "Receipt" of goods means taking physical possession of them.
30 (d) "Seller" means a person who sells or contracts to sell goods.
31 (2) Other definitions applying to this chapter or to specified parts thereof, and the sections

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1 in which they appear are:
2 "Acceptance." Section 70A-2-606.
3 "Banker's credit." Section 70A-2-325.
4 "Between merchants." Section 70A-2-104.
5 "Cancellation." Section 70A-2-106 (4).
6 "Commercial unit." Section 70A-2-105.
7 "Confirmed credit." Section 70A-2-325.
8 "Conforming to contract." Section 70A-2-106.
9 "Contract for sale." Section 70A-2-106.
10 "Cover." Section 70A-2-712.
11 "Entrusting." Section 70A-2-403.
12 "Financing agency." Section 70A-2-104.
13 "Future goods." Section 70A-2-105.
14 "Goods." Section 70A-2-105.
15 "Identification." Section 70A-2-501.
16 "Installment contract." Section 70A-2-612.
17 "Letter of Credit." Section 70A-2-325.
18 "Lot." Section 70A-2-105.
19 "Merchant." Section 70A-2-104.
20 "Overseas." Section 70A-2-323.
21 "Person in position of seller." Section 70A-2-707.
22 "Present sale." Section 70A-2-106.
23 "Sale." Section 70A-2-106.
24 "Sale on approval." Section 70A-2-326.
25 "Sale or return." Section 70A-2-326.
26 "Termination." Section 70A-2-106.
27 (3) The following definitions in other chapters apply to this chapter:
28 "Check." Section 70A-3-104.
29 "Consignee." Section 70A-7-102.
30 "Consignor." Section 70A-7-102.
31 "Consumer goods." Section 70A-9-109.

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1 "Dishonor." Section [70A-3-507] 70A-3-502.
2 "Draft." Section 70A-3-104.
3 (4) In addition Chapter 1 contains general definitions and principles of construction and
4 interpretation applicable throughout this chapter.
5 Section 126. Section 73-10-1 is amended to read:
6 73-10-1. State's policy -- Creation of revolving fund -- General construction of act.
7 (1) The Legislature of the state of Utah having heretofore declared by Section 73-1-1, Utah
8 Code Annotated 1953, that, "All waters of this state, whether above or under the ground are hereby
9 declared to be the property of the public, subject to all existing rights to the use thereof"; and
10 further, by Section 73-1-3, Utah Code Annotated 1953, that "Beneficial use shall be the basis, the
11 measures and the limit of all rights to the use of water in this state"; and further, by Section
12 [73-9-1, Utah Code Annotated 1953,] 17A-2-1401 that the policy of the state is, "To obtain from
13 water in Utah the highest duty for domestic uses and irrigation of lands in Utah within the terms
14 of interstate compacts or otherwise," now by this act reiterates and reaffirms such declaration of
15 the public policy of the state of Utah.
16 (2) It is further declared to be the policy of this [act] chapter and of the state of Utah, and
17 the legislature recognizes:
18 [(1)] (a) That by construction of projects based upon sound engineering the waters within
19 the various counties of the state of Utah can be saved from waste and increased in efficiency of
20 beneficial use by 25 per cent to 100 per cent;
21 [(2)] (b) That because of well-known conditions such as low prices and lack of market for
22 farm products, particularly the inefficiency of water supply because of lack of late season water
23 and consequent lack of financial strength, water users in small communities have been unable to
24 build projects that would provide full conservation and beneficial use for the limited water supply
25 in this semiarid land;
26 [(3)] (c) That water, as the property of the public, should be so managed by the public that
27 it can be put to the highest use for public benefit;
28 [(4)] (d) That Congress of the United States has provided for the building of larger water
29 conservation projects throughout the semiarid states, payment of the capital costs without interest
30 to be made by the water users upon the basis of a fair portion of crop returns;
31 [(5)] (e) That the Congress of the United States has established in the department of

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1 interior and in the department of agriculture, various agencies having authority to develop, protect,
2 and aid in putting to beneficial use the land and water resources of the United States and to
3 cooperate with state agencies having similar authority;
4 [(6)] (f) That the interests of the state of Utah require that means be provided for close
5 cooperation between all state and federal agencies to the end that the underground waters and
6 waters of the small streams of the state, and the lands thereunder, can be made to yield abundantly
7 and increase the income and well-being of the citizens of the state;
8 [(7)] (g) That it appears to be sound public policy for the state of Utah to provide a
9 revolving fund, to be increased at each legislative session, to the end that every mountain stream
10 and every water resource within the state can be made to render the highest beneficial service, such
11 fund to be so administered that no project will be built except upon expert engineering, financial,
12 and geological approval.
13 (3) All of the provisions of this [act] chapter shall be liberally construed so as to carry out
14 and put into force and effect the purposes and policies as hereinabove set forth.
15 Section 127. Section 73-10g-8 is amended to read:
16 73-10g-8. Terms and conditions of sale -- Plan of financing -- Signatures --
17 Replacement -- Registration -- Federal rebate.
18 (1) In the issuance of bonds, the commission may determine by resolution:
19 (a) the manner of sale, including public or private sale;
20 (b) the terms and conditions of sale, including the price, whether at, below, or above face
21 value;
22 (c) denominations;
23 (d) form;
24 (e) manner of execution;
25 (f) manner of authentication;
26 (g) place and medium of purchase;
27 (h) redemption terms; and
28 (i) other provisions and details it considers appropriate.
29 (2) The commission may by resolution adopt a plan of financing, which may include terms
30 and conditions of arrangements entered into by the commission on behalf of the state with
31 financial and other institutions for letters of credit, standby letters of credit, reimbursement

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1 agreements, and remarketing, indexing, and tender agent agreements to secure the bonds, including
2 payment from any legally available source of fees, charges, or other amounts coming due under
3 the agreements entered into by the commission.
4 (3) (a) Any signature of a public official authorized by resolution of the commission to
5 sign the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or
6 otherwise placed on the bonds.
7 (b) If all signatures of public officials on the bonds are facsimile signatures, provision shall
8 be made for a manual authenticating signature on the bonds by or on behalf of a designated
9 authentication agent. A facsimile of the state seal may be imprinted, engraved, stamped, or
10 otherwise placed on the bonds.
11 (c) If an official ceases to hold office before delivery of the bonds signed by that official,
12 the signature or facsimile signature of the official is nevertheless valid for all purposes.
13 (4) The commission by resolution may provide for the replacement of lost, destroyed, or
14 mutilated bonds or for the exchange of bonds after issuance for bonds of smaller or larger
15 denominations. Bonds in changed denominations shall be exchanged for the original bonds in like
16 aggregate principal amounts and in a manner that prevents the duplication of interest, and shall
17 bear interest at the same rate, mature on the same date, and be as nearly as practicable in form as
18 the original bonds.
19 (5) (a) Bonds may be registered as to both principal and interest or may be in a book entry
20 form under which the right to principal and interest may be transferred only through a book entry.
21 (b) The commission may provide for the services and payment for the services of one or
22 more financial institutions or other entities or persons, or nominees, within or outside the state, for
23 the authentication, registration, and transfer, including record, bookkeeping, or book entry
24 functions, exchange, and payment of the bonds.
25 (c) The records of ownership, registration, transfer, and exchange of the bonds, and of
26 persons to whom payment with respect to the obligations is made, are private [data] records or
27 [confidential data] protected records as defined in Section [63-2-61] 63-2-103.
28 (d) The bonds and any evidences of participation interests in the bonds may be issued,
29 executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with
30 Title 15, Chapter 7, Registered Public Obligations Act, or any other act of the Legislature relating
31 to the registration of obligations enacted to meet the requirements of Section 149, Internal Revenue

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1 Code of 1986, or any successor to it, and applicable regulations.
2 (6) The commission may, by resolution, provide for payment to the United States of such
3 amounts as may be necessary to comply with Section 148(f), Internal Revenue Code of 1986, and
4 may enter into agreements with financial and other institutions and attorneys to provide for the
5 calculation, holding, and payment of such amounts and provide for payment from any legally
6 available source of fees, charges, or other amounts coming due under any agreements entered into
7 by the commission.
8 Section 128. Section 73-10h-8 is amended to read:
9 73-10h-8. Terms and conditions of sale -- Plan of financing -- Signatures --
10 Replacement -- Registration -- Federal rebate.
11 (1) In the issuance of bonds, the commission may determine by resolution:
12 (a) the manner of sale, including public or private sale;
13 (b) the terms and conditions of sale, including the price, whether at, below, or above face
14 value;
15 (c) denominations;
16 (d) form;
17 (e) manner of execution;
18 (f) manner of authentication;
19 (g) place and medium of purchase;
20 (h) redemption terms; and
21 (i) other provisions and details it considers appropriate.
22 (2) The commission may by resolution adopt a plan of financing, which may include terms
23 and conditions of arrangements entered into by the commission on behalf of the state with
24 financial and other institutions for letters of credit, standby letters of credit, reimbursement
25 agreements, and remarketing, indexing, and tender agent agreements to secure the bonds, including
26 payment from any legally available source of fees, charges, or other amounts coming due under
27 the agreements entered into by the commission.
28 (3) (a) Any signature of a public official authorized by resolution of the commission to
29 sign the bonds may be a facsimile signature of that official imprinted, engraved, stamped, or
30 otherwise placed on the bonds.
31 (b) If all signatures of public officials on the bonds are facsimile signatures, provision shall

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

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1 Section 129. Section 76-5-106.5 is amended to read:
2 76-5-106.5. Definitions -- Crime of stalking.
3 (1) As used in this section:
4 (a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to
5 a person or repeatedly conveying verbal or written threats or threats implied by conduct or a
6 combination thereof directed at or toward a person.
7 (b) "Immediate family" means a spouse, parent, child, sibling, or any other person who
8 regularly resides in the household or who regularly resided in the household within the prior six
9 months.
10 (c) "Repeatedly" means on two or more occasions.
11 (2) A person is guilty of stalking who:
12 (a) intentionally or knowingly engages in a course of conduct directed at a specific person
13 that would cause a reasonable person:
14 (i) to fear bodily injury to himself or a member of his immediate family; or
15 (ii) to suffer emotional distress to himself or a member of his immediate family;
16 (b) has knowledge or should have knowledge that the specific person:
17 (i) will be placed in reasonable fear of bodily injury to himself or a member of his
18 immediate family; or
19 (ii) will suffer emotional distress or a member of his immediate family will suffer
20 emotional distress; and
21 (c) whose conduct:
22 (i) induces fear in the specific person of bodily injury to himself or a member of his
23 immediate family; or
24 (ii) causes emotional distress in the specific person or a member of his immediate family.
25 (3) Stalking is a class B misdemeanor.
26 (4) [(a)] Stalking is a class A misdemeanor if the offender:
27 [(i)] (a) has been previously convicted of an offense of stalking;
28 [(ii)] (b) has been convicted in another jurisdiction of an offense that is substantially
29 similar to the offense of stalking; or
30 [(iii)] (c) has been previously convicted of any felony offense in Utah or of any crime in
31 another jurisdiction which if committed in Utah would be a felony, in which the victim of the

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1 stalking or a member of the victim's immediate family was also a victim of the previous felony
2 offense.
3 (5) Stalking is a felony of the third degree if the offender:
4 (a) used a dangerous weapon as defined in Section 76-1-601 under circumstances not
5 amounting to a violation of Subsection 76-5-103(1)(a), or used other means or force likely to
6 produce death or serious bodily injury, in the commission of the crime of stalking;
7 (b) has been previously convicted two or more times of the offense of stalking;
8 (c) has been convicted two or more times in another jurisdiction or jurisdictions of
9 offenses that are substantially similar to the offense of stalking;
10 (d) has been convicted two or more times, in any combination, of offenses under
11 Subsections (5) (b) and (c); or
12 (e) has been previously convicted two or more times of felony offenses in Utah or of
13 crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in
14 which the victim of the stalking was also a victim of the previous felony offenses.
15 Section 130. Section 76-5-504 is amended to read:
16 76-5-504. Victim notification and counseling.
17 (1) The Department of Health shall provide the victim who requests testing of the
18 convicted sexual offender's human immunodeficiency virus status counseling regarding HIV
19 disease and referral for appropriate health care and support services. If the local health department
20 where the victim resides and the Department of Health agree, the Department of Health shall
21 forward a report of the convicted sexual offender's human immunodeficiency virus status to the
22 local health department and the local health department shall provide the victim who requests the
23 test with the test results, counseling regarding HIV disease, and referral for appropriate health care
24 and support services.
25 (2) Notwithstanding the provisions of Section [26-25a-101] 26-6-27, the Department of
26 Health and a local health department acting pursuant to an agreement made under Subsection (1)
27 may disclose to the victim the results of the convicted sexual offender's human immunodeficiency
28 virus status as provided in this section.
29 Section 131. Section 76-6-512 is amended to read:
30 76-6-512. Acceptance of deposit by insolvent financial institution.
31 A person is guilty of a felony of the third degree if:

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1 (1) As an officer, manager, or other person participating in the direction of a financial
2 institution, as defined in Section [76-6-411] 7-1-103, he receives or permits receipt of a deposit
3 or other investment knowing that the institution is or is about to become unable, from any cause,
4 to pay its obligations in the ordinary course of business; and
5 (2) He knows that the person making the payment to the institution is unaware of such
6 present or prospective inability.
7 Section 132. Section 76-10-306 is amended to read:
8 76-10-306. Definitions -- Persons exempted -- Penalties for possession, use, or
9 removal of explosives, chemical, or incendiary devices and possession of components.
10 (1) As used in this section:
11 (a) "Explosive, chemical, or incendiary device" means:
12 (i) dynamite and all other forms of high explosives, including water gel, slurry, military
13 C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, ammonium nitrate, fuel
14 oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps,
15 exploding cords commonly called detonating cord, detcord, or primacord, picric acid explosives,
16 T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin mixtures, or any other chemical
17 mixture intended to explode with fire or force;
18 (ii) any explosive bomb, grenade, missile, or similar device; and
19 (iii) any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device, including
20 any device, except kerosene lamps, if criminal intent has not been established, which consists of
21 or includes a breakable container including a flammable liquid or compound and a wick composed
22 of any material which, when ignited, is capable of igniting the flammable liquid or compound or
23 any breakable container which consists of, or includes a chemical mixture that explodes with fire
24 or force and can be carried, thrown, or placed.
25 (b) "Explosive, chemical, or incendiary device" shall not include rifle, pistol, or shotgun
26 ammunition.
27 (c) "Explosive, chemical, or incendiary parts" means any substances or materials or
28 combinations which have been prepared or altered for use in the creation of an explosive,
29 chemical, or incendiary device. These substances or materials include:
30 (i) timing device, clock, or watch which has been altered in such a manner as to be used
31 as the arming device in an explosive;

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1 (ii) pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and
2 (iii) mechanical timers, mechanical triggers, chemical time delays, electronic time delays,
3 or commercially made or improvised items which, when used singly or in combination, may be
4 used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any
5 explosive, chemical, or incendiary device.
6 (d) "Explosive, chemical, or incendiary parts" shall not include rifle, pistol, or shotgun
7 ammunition, or any signaling device customarily used in operation of railroad equipment.
8 (2) The provisions in Subsections (3) and (6) shall not apply to:
9 (a) any public safety officer while acting in his official capacity transporting or otherwise
10 handling explosives, chemical, or incendiary devices;
11 (b) any member of the armed forces of the United States or Utah National Guard while
12 acting in his official capacity;
13 (c) any person possessing a valid permit issued under the provisions of Uniform Fire Code,
14 Article 77, or any employee of such permittee acting within the scope of his employment;
15 (d) any person possessing a valid license as an importer, wholesaler, or display operator
16 under the provisions of [the Utah Fireworks Act,] Sections [11-3-3.2 and] 11-3-3.5 and 53-7-223;
17 and
18 (e) any person or entity possessing or controlling an explosive, chemical, or incendiary
19 device as part of its lawful business operations.
20 (3) Any person who knowingly, intentionally, or recklessly possesses or controls an
21 explosive, chemical, or incendiary device is guilty of a felony of the second degree.
22 (4) Any person who knowingly, intentionally, or recklessly:
23 (a) uses or causes to be used an explosive, chemical, or incendiary device in the
24 commission of or an attempt to commit a felony; or
25 (b) injures another or attempts to injure another in his person or property through the use
26 of an explosive, chemical, or incendiary device, is guilty of a felony of the first degree.
27 (5) Any person who knowingly, intentionally, or recklessly removes or causes to be
28 removed or carries away any explosive, chemical, or incendiary device from the premises where
29 said explosive, chemical, or incendiary device is kept by the lawful user, vendor, transporter, or
30 manufacturer without the consent or direction of the lawful possessor is guilty of a felony of the
31 second degree.

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1 (6) Any person who knowingly, intentionally, or recklessly possesses any explosive,
2 chemical, or incendiary parts is guilty of a felony of the third degree.
3 Section 133. Section 76-10-505.5 is amended to read:
4 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or
5 about school premises -- Penalty.
6 (1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun at a
7 place that the person knows, or has reasonable cause to believe, is on or about school premises.
8 (2) (a) Possession of a dangerous weapon on or about school premises is a class B
9 misdemeanor.
10 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A
11 misdemeanor.
12 (3) This section applies to any person, except persons authorized to possess a firearm as
13 provided under Sections 53-5-704, 53-5-705, 53A-3-502, [76-10-510,] 76-10-511, 76-10-523, and
14 Subsection 76-10-504(2) and as otherwise authorized by law.
15 (4) This section does not prohibit prosecution of a more serious weapons offense that may
16 occur on or about school premises.
17 Section 134. Section 77-7-23 is amended to read:
18 77-7-23. Delivery of prisoner arrested without warrant to magistrate -- Transfer to
19 court with jurisdiction -- Violation as misdemeanor.
20 (1) (a) When an arrest is made without a warrant by a peace officer or private person, the
21 person arrested shall be taken without unnecessary delay to the magistrate in the [circuit] district
22 court, the precinct of the county, or the municipality in which the offense occurred, except under
23 Subsection (2). An information stating the charge against the person shall be made before the
24 magistrate.
25 (b) If the justice court judge of the precinct or municipality or the district court judge is
26 not available, the arrested person shall be taken before the magistrate within the same county who
27 is nearest to the scene of the alleged offense or nearest to the jail under Subsection (2), who may
28 act as committing magistrate for arraigning the accused, setting bail, or issuing warrants.
29 (2) If the arrested person under Subsection (1) must be transported from jail to a
30 magistrate, the person may be taken before the magistrate nearest to the jail rather than the
31 magistrate specified in Subsection (1) for arraignment, setting bail, or issuing warrants.

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1 (3) The case shall then be transferred to the court having jurisdiction. This section does
2 not confer jurisdiction upon a court unless otherwise provided by law.
3 (4) Any officer or person violating this section is guilty of a class B misdemeanor.
4 Section 135. Section 77-23a-8 is amended to read:
5 77-23a-8. Court order to authorize or approve interception -- Procedure.
6 (1) The attorney general of the state, any assistant attorney general specially designated
7 by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
8 district attorney specially designated by the county attorney or by the district attorney, may
9 authorize an application to a judge of competent jurisdiction for an order for an interception of
10 wire, electronic, or oral communications by any law enforcement agency of the state, the federal
11 government or of any political subdivision of the state that is responsible for investigating the type
12 of offense for which the application is made.
13 (2) The judge may grant the order in conformity with the required procedures when the
14 interception sought may provide or has provided evidence of the commission of:
15 (a) aggravated murder, Section 76-5-202; murder, Section 76-5-203; manslaughter,
16 Section 76-5-205;
17 (b) aggravated kidnapping, Section 76-5-302; child kidnapping, Section 76-5-301.1;
18 kidnapping, Section 76-5-301;
19 (c) threat against life or property offense punishable by a maximum term of imprisonment
20 of more than one year, Section 76-5-107;
21 (d) aggravated arson, Section 76-6-103; arson, Section 76-6-102;
22 (e) aggravated burglary, Section 76-6-203; burglary, Section 76-6-202;
23 (f) aggravated robbery, Section 76-6-302; robbery, Section 76-6-301;
24 (g) theft, Section 76-6-404; theft by deception, Section 76-6-405; theft by extortion,
25 Section 76-6-406; when the theft, theft by deception or theft by extortion, is punishable by a
26 maximum term of imprisonment of more than one year;
27 (h) receiving stolen property offense punishable by a maximum term of imprisonment of
28 more than one year, Section 76-6-408;
29 (i) bribery of a labor official, Section 76-6-509;
30 (j) financial card transaction offenses punishable by a maximum term of imprisonment of
31 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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1 76-6-506.6;
2 (k) criminal simulation offenses punishable by a maximum term of imprisonment of more
3 than one year, Section 76-6-518;
4 (l) criminal usury, Section 76-6-520;
5 (m) false or fraudulent insurance claim offenses punishable by a maximum term of
6 imprisonment of more than one year, Section 76-6-521;
7 (n) violations of the Computer Crimes Act punishable by a maximum term of
8 imprisonment of more than one year, Section 76-6-703;
9 (o) bribery to influence official or political actions, Section 76-8-103;
10 (p) misusing public moneys, Section 76-8-402;
11 (q) tampering with a witness, retaliation against a witness or informant, or bribery,
12 communicating a threat, Section 76-8-508;
13 (r) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
14 (s) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
15 (t) tampering with evidence, Section 76-8-510;
16 (u) destruction of property to interfere with preparation for defense or war, Section
17 76-8-802;
18 (v) attempts to commit crimes of sabotage, Section 76-8-804;
19 (w) conspiracy to commit crimes of sabotage, Section 76-8-805;
20 (x) advocating criminal syndicalism or sabotage, Section 76-8-902;
21 (y) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
22 (z) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
23 (aa) riot punishable by a maximum term of imprisonment of more than one year, Section
24 76-9-101;
25 (bb) dog fighting, training dogs for fighting, dog fighting exhibitions punishable by a
26 maximum term of imprisonment of more than one year, Section 76-9-301.1;
27 (cc) [infernal machine] explosive, chemical, or incendiary device, delivery to a common
28 carrier, mailing, or placement on premises, Section 76-10-307;
29 (dd) [infernal machine] explosive, chemical, or incendiary device, construction, or
30 possession, Section 76-10-308;
31 (ee) exploiting prostitution, Section 76-10-1305;

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1 (ff) aggravated exploitation of prostitution, Section 76-10-1306;
2 (gg) bus hijacking, assault with intent to commit hijacking, dangerous weapon or firearm,
3 Section 76-10-1504;
4 (hh) bombing or placing bomb or explosive in, upon, or near terminal or bus, threats,
5 firearms, and missiles, Section 76-10-1505;
6 (ii) violations of the Pattern of Unlawful Activity Act and the offenses listed under the
7 definition of unlawful activity in the act, including the offenses not punishable by a maximum term
8 of imprisonment of more than one year when those offenses are investigated as predicates for the
9 offenses prohibited by the act, Subsection 76-10-1602(4);
10 (jj) money laundering, Sections 76-10-1903 and 76-10-1904;
11 (kk) reporting by financial institutions when the offense is punishable by a maximum term
12 of imprisonment of more than one year, Section 76-10-1906;
13 (ll) communications fraud, Section 76-10-1801;
14 (mm) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
15 Controlled Substances Act; Title 58, Chapter 37c, Utah Controlled Substances Precursor Act; Title
16 58, Chapter 37d, Clandestine Drug Lab Act; punishable by a term of imprisonment of more than
17 one year;
18 (nn) any act prohibited by the criminal provisions of the Utah Uniform Securities Act and
19 punishable by a term of imprisonment of more than one year, Title 61, Chapter 1; or
20 (oo) attempt, Section 76-4-101; conspiracy, Section 76-4-201; solicitation, Section
21 76-4-203; to commit any of the offenses enumerated above so long as the attempt, conspiracy or
22 solicitation offense is punishable by a term of imprisonment of more than one year.
23 Section 136. Section 77-27-10.5 is amended to read:
24 77-27-10.5. Special condition of parole -- Penalty.
25 (1) In accordance with Section 77-27-5, the Board of Pardons and Parole may release the
26 defendant on parole and as a condition of parole, the board may order the defendant to be
27 prohibited from directly or indirectly engaging in any profit or benefit generating activity relating
28 to the publication of facts or circumstances pertaining to the defendant's involvement in the
29 criminal act for which the defendant is convicted.
30 (2) The order may prohibit the defendant from contracting with any person, firm,
31 corporation, partnership, association, or other legal entity with respect to the commission and

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1 reenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, tape
2 recording, phonograph record, radio, or television presentations, live entertainment of any kind,
3 or from the expression of the defendant's thoughts, feelings, opinions, or emotions regarding the
4 criminal conduct.
5 (3) The board may order that the prohibition includes any event undertaken and
6 experienced by the defendant while avoiding apprehension from the authorities or while facing
7 criminal charges.
8 (4) The board may order that any action taken by the defendant by way of execution of
9 power of attorney, creation of corporate entities, or other action to avoid compliance with the
10 board's order shall be grounds for revocation of parole as provided in Section 77-27-11.
11 (5) Adult Probation and Parole shall notify the board of any alleged violation of the
12 [court's] board's order under this section.
13 (6) The violation of the board's order shall be considered a violation of parole.
14 (7) For purposes of this section:
15 (a) "convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty
16 and mentally ill, no contest, and conviction of any crime or offense; and
17 (b) "defendant" means the convicted defendant, the defendant's assignees, and
18 representatives acting on the defendant's authority.
19 Section 137. Section 77-36-2.4 is amended to read:
20 77-36-2.4. Violation of protective orders -- Mandatory arrest.
21 (1) A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
22 whenever he has probable cause to believe that the alleged perpetrator has violated any of the
23 provisions of an ex parte protective order or protective order.
24 (2) (a) Intentional violation of any ex parte protective order or protective order is a class
25 A misdemeanor, in accordance with Section 76-5-108, and is a domestic violence offense, pursuant
26 to Section 77-36-1.
27 (b) Second or subsequent violations of ex parte protective orders or protective orders carry
28 increased penalties, in accordance with Section [76-36-1.1] 77-36-1.1.
29 (3) As used in this section, "ex parte protective order" or "protective order" includes any
30 foreign protective order enforceable under Section 30-6-12.
31 Section 138. Section 77-38-5 is amended to read:

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1 77-38-5. Application to felonies of the declaration of the rights of crime victims.
2 The provisions of this chapter shall apply to all felonies filed in the courts of the state and
3 to cases in the juvenile court as provided in Section [78-3a-33] 78-3a-511.
4 Section 139. Section 78-3-12.5 is amended to read:
5 78-3-12.5. Costs of system.
6 (1) The cost of salaries, travel, and training required for the discharge of the duties of
7 district court judges, court commissioners, secretaries of judges or court executives, court
8 executives, and court reporters shall be paid from appropriations made by the Legislature.
9 (2) Except as provided in Subsection (1), the Judicial Council may directly provide for the
10 actual and necessary expenses of operation of the district court, including personnel salary and
11 benefits, travel, training, facilities, security, equipment, furniture, supplies, legal reference
12 materials, and other operating expenses, or may contract with the county in a county seat or with
13 the unit of local government in municipalities other than a county seat for the actual and necessary
14 expenses of the district court. Any necessary contract with the county or unit of local government
15 shall be pursuant to Subsection 78-3-13.4(4).
16 Section 140. Section 78-3-21 is amended to read:
17 78-3-21. Judicial Council -- Creation -- Members -- Terms and election --
18 Responsibilities -- Reports.
19 (1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution, shall
20 be composed of:
21 (a) the chief justice of the Supreme Court;
22 (b) one member elected by the justices of the Supreme Court;
23 (c) one member elected by the judges of the Court of Appeals;
24 (d) five members elected by the judges of the district courts;
25 (e) two members elected by the judges of the juvenile courts;
26 (f) three members elected by the justice court judges; and
27 (g) a member or ex officio member of the Board of Commissioners of the Utah State Bar
28 who is an active member of the Bar in good standing elected by the Board of Commissioners.
29 (2) (a) The chief justice of the Supreme Court shall act as presiding officer of the council
30 and chief administrative officer for the courts. The chief justice shall vote only in the case of a tie.
31 (b) All members of the council shall serve for three-year terms. If a council member

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1 should die, resign, retire, or otherwise fail to complete a term of office, the appropriate constituent
2 group shall elect a member to complete the term of office. In courts having more than one
3 member, the members shall be elected to staggered terms. The person elected to the Judicial
4 Council by the Board of Commissioners shall be a member or ex officio member of the Board of
5 Commissioners and an active member of the Bar in good standing at the time the person is elected.
6 The person may complete a three-year term of office on the Judicial Council even though the
7 person ceases to be a member or ex officio member of the Board of Commissioners. The person
8 shall be an active member of the Bar in good standing for the entire term of the Judicial Council.
9 (c) Elections shall be held under rules made by the Judicial Council.
10 (3) The council is responsible for the development of uniform administrative policy for
11 the courts throughout the state. The presiding officer of the Judicial Council is responsible for the
12 implementation of the policies developed by the council and for the general management of the
13 courts, with the aid of the administrator. The council has authority and responsibility to:
14 (a) establish and assure compliance with policies for the operation of the courts, including
15 uniform rules and forms; and
16 (b) publish and submit to the governor, the chief justice of the Supreme Court, and the
17 Legislature an annual report of the operations of the courts, which shall include financial and
18 statistical data and may include suggestions and recommendations for legislation.
19 (4) (a) The Judicial Council shall make rules establishing:
20 (i) standards for judicial competence; and
21 (ii) a formal program for the evaluation of judicial performance containing the elements
22 of and meeting the requirements of this subsection.
23 (b) The Judicial Council shall ensure that the formal judicial performance evaluation
24 program has improvement in the performance of individual judges, court commissioners, and the
25 judiciary as its goal.
26 (c) The Judicial Council shall ensure that the formal judicial performance evaluation
27 program includes at least all of the following elements:
28 (i) a requirement that judges complete a certain number of hours of approved judicial
29 education each year;
30 (ii) a requirement that each judge certify that he is:
31 (A) physically and mentally competent to serve; and

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1 (B) in compliance with the Codes of Judicial Conduct and Judicial Administration; and
2 (iii) a requirement that the judge receive a satisfactory score on questions identified by the
3 Judicial Council as relating to judicial certification on a survey of members of the Bar developed
4 by the Judicial Council in conjunction with the American Bar Association.
5 (d) The Judicial Council shall ensure that the formal judicial performance evaluation
6 program considers at least the following criteria:
7 (i) integrity;
8 (ii) knowledge;
9 (iii) understanding of the law;
10 (iv) ability to communicate;
11 (v) punctuality;
12 (vi) preparation;
13 (vii) attentiveness;
14 (viii) dignity;
15 (ix) control over proceedings; and
16 (x) skills as a manager.
17 (e) (i) The judicial council shall provide the judicial performance evaluation information
18 required by Subsection 20A-7-702(2) to the Lieutenant Governor for publication in the voter
19 information pamphlet.
20 (ii) Not later than August 1 of the year before the expiration of the term of office of a
21 municipal court judge, the Judicial Council shall provide the judicial performance evaluation
22 information required by Subsection 20A-7-702(2) to the appointing authority of a municipal
23 justice court judge.
24 (5) The council shall establish standards for the operation of the courts of the state
25 including, but not limited to, facilities, court security, support services, and staff levels for judicial
26 and support personnel.
27 (6) The council shall by rule establish the time and manner for destroying court records,
28 including computer records, and shall establish retention periods for these records.
29 (7) (a) Consistent with the requirements of judicial office and security policies, the council
30 shall establish procedures to govern the assignment of state vehicles to public officers of the
31 judicial branch.

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1 (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may
2 be assigned for unlimited use, within the state only.
3 (8) (a) The council shall advise judicial officers and employees concerning ethical issues
4 and shall establish procedures for issuing informal and formal advisory opinions on these issues.
5 (b) Compliance with an informal opinion is evidence of good faith compliance with the
6 Code of Judicial Conduct.
7 (c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
8 (9) (a) The council shall establish written procedures authorizing the presiding officer of
9 the council to appoint judges of courts of record by special or general assignment to serve
10 temporarily in another level of court in a specific court or generally within that level. The
11 appointment shall be for a specific period and shall be reported to the council.
12 (b) These procedures shall be developed in accordance with Subsection 78-3-24(10)
13 regarding temporary appointment of judges.
14 (10) The Judicial Council may by rule designate municipalities in addition to those
15 designated by statute as a location of a trial court of record. There shall be at least one court clerk's
16 office open during regular court hours in each county. Any trial court of record may hold court
17 in any municipality designated as a location of a court of record.
18 (11) The Judicial Council shall by rule determine whether the administration of a court
19 shall be the obligation of the administrative office of the courts or whether the administrative
20 office of the courts should contract with local government for court support services.
21 (12) The Judicial Council may by rule direct that a district [or circuit] court location be
22 administered from another court location within the county.
23 (13) The Judicial Council shall establish and supervise the Office of Guardian Ad Litem
24 Director, in accordance with the provisions of Sections 78-3a-911 and 78-3a-912, and assure
25 compliance of the guardian ad litem program with state and federal law, regulation, and policy,
26 and court rules.
27 Section 141. Section 78-3-24 is amended to read:
28 78-3-24. Court administrator -- Powers, duties, and responsibilities.
29 Under the general supervision of the presiding officer of the Judicial Council, and within
30 the policies established by the council, the administrator shall:
31 (1) organize and administer all of the nonjudicial activities of the courts;

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1 (2) assign, supervise, and direct the work of the nonjudicial officers of the courts;
2 (3) implement the standards, policies, and rules established by the council;
3 (4) formulate and administer a system of personnel administration, including in-service
4 training programs;
5 (5) prepare and administer the state judicial budget, fiscal, accounting, and procurement
6 activities for the operation of the courts of record, and assist justices' courts in their budgetary,
7 fiscal, and accounting procedures;
8 (6) conduct studies of the business of the courts, including the preparation of
9 recommendations and reports relating to them;
10 (7) develop uniform procedures for the management of court business, including the
11 management of court calendars;
12 (8) maintain liaison with the governmental and other public and private groups having an
13 interest in the administration of the courts;
14 (9) establish uniform policy concerning vacations and sick leave for judges and nonjudicial
15 officers of the courts;
16 (10) establish uniform hours for court sessions throughout the state and may, with the
17 consent of the presiding officer of the Judicial Council, call and appoint justices or judges of courts
18 of record to serve temporarily as Court of Appeals, district court, or juvenile court judges and set
19 reasonable compensation for their services;
20 (11) when necessary for administrative reasons, change the county for trial of any case if
21 no party to the litigation files timely objections to this change;
22 (12) organize and administer a program of continuing education for judges and support
23 staff, including training for [justices of the peace] justice court judges;
24 (13) provide for an annual meeting for each level of the courts of record, and the annual
25 judicial conference; and
26 (14) perform other duties as assigned by the presiding officer of the council.
27 Section 142. Section 78-3a-803 is amended to read:
28 78-3a-803. Practice and procedure -- Jury trial -- Criminal Code prosecution
29 unaffected.
30 (1) When requested by the defendant by written motion filed within ten days before the
31 date of trial, issues of fact may be tried by a jury of four jurors. Trial juries shall be formed in the

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1 same manner as trial juries in criminal cases.
2 (2) (a) If the defendant in proceedings under this part demands a jury trial, the court may,
3 and on stipulation of the parties shall, transfer the case to a district court.
4 (b) This section may not be construed to deprive district [or circuit] courts of jurisdiction
5 in any prosecution instituted against an adult under the Utah Criminal Code; provided, that the
6 disposition, care, control, and custody of a minor against whom an offense defined in this section
7 is committed shall remain within the exclusive jurisdiction of the juvenile court, unless the minor
8 is otherwise subject to the jurisdiction of the district court under this chapter.
9 (3) The court has jurisdiction over adults to issue and enforce protective orders under this
10 chapter.
11 (4) In proceedings under Section 78-3a-801, the practice and procedure of the juvenile
12 court shall conform to the practice and procedure provided by law or court rule for criminal
13 proceedings in the district court, except that the proceedings may be commenced by complaint and
14 a trial jury shall consist of four jurors.
15 (5) The county attorney or district attorney as provided under Sections 17-18-1 and
16 17-18-1.7 shall prosecute any case brought under this part.
17 (6) The court may have a preliminary investigation made by the probation department or
18 other agency designated by the court, and with the consent of the defendant or person involved
19 may permit such nonjudicial adjustment as may be practicable, without prosecution.
20 Section 143. Section 78-5-134 is amended to read:
21 78-5-134. Justice court judges to be appointed -- Procedure -- Report to Judicial
22 Council -- Retention election -- Vacancy.
23 (1) As used in this section:
24 (a) "Appointing authority" means:
25 (i) the chair of the county commission in counties having the county commission form of
26 county government;
27 (ii) the county executive in counties having the county executive-council form of
28 government;
29 (iii) the chair of the city commission, city council, or town council in municipalities
30 having:
31 (A) the traditional management arrangement established by Title 10, Chapter 3, Part 1; and

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1 (B) the council-manager optional form of government defined in Section 10-3-1209; and
2 (iv) the mayor, in the council-mayor optional form of government defined in Section
3 10-3-1209; and
4 (b) "Local legislative body" means:
5 (i) the county commission or county council; and
6 (ii) the city commission, city council, or town council.
7 (2) Justice court judges shall be appointed by the appointing authority and confirmed by
8 a majority vote of the local legislative body.
9 (3) (a) After a newly appointed justice court judge has been confirmed, the local legislative
10 body shall report the confirmed judge's name to the Judicial Council.
11 (b) The Judicial Council shall certify the judge as qualified to hold office upon successful
12 completion of the orientation program and upon the written opinion of the county or municipal
13 attorney that the judge meets the statutory qualifications for office.
14 (c) A justice court judge may not perform judicial duties until certified by the Judicial
15 Council.
16 (4) Upon the expiration of a justice court judge's term of office:
17 (a) a county justice court judge shall be subject to an unopposed retention election in
18 accordance with the procedures set forth in Section 20A-12-201; and
19 (b) a municipal justice court judge may be considered for reappointment after the
20 appointing authority has considered:
21 (i) whether or not the judge has been certified as meeting the evaluation criteria for judicial
22 performance established by the Judicial Council; and
23 (ii) any other factors considered relevant by the appointing authority.
24 (5) Before reappointment or retention election, each justice court judge shall be evaluated
25 in accordance with the performance evaluation program established in Subsection 78-3-21[(6)](4).
26 (6) (a) At the conclusion of a term of office or when a vacancy occurs in the position of
27 justice court judge, the appointing authority may contract with a justice court judge in the county
28 or an adjacent county to serve as justice court judge.
29 (b) The contract shall be for the duration of the justice court judge's term of office.
30 (7) Vacancies in the office of justice court judge shall be filled as provided in Section
31 20A-1-506.

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1 Section 144. Section 78-7-30 is amended to read:
2 78-7-30. Authority of Judicial Conduct Commission -- Procedure for removal,
3 suspension, censure, reprimand, or involuntary retirement.
4 (1) The Judicial Conduct Commission is authorized to receive any complaint directly from
5 the complainant.
6 (2) (a) After an investigation, the Judicial Conduct Commission may order a formal
7 hearing to be held concerning the removal, suspension, censure, public or private reprimand, or
8 involuntary retirement of a justice, judge, or justice court judge.
9 (b) The commission shall provide the justice or judge with all information necessary to
10 prepare an adequate response or defense, which may include the identity of the complainant.
11 (c) A formal hearing may be conducted before a quorum of the commission. Any finding
12 or order shall be made upon a majority vote of the quorum.
13 (3) (a) Alternatively, the commission may appoint three special masters, who are justices
14 or judges of courts of record, to hear and take evidence in the matter and to report to the
15 commission.
16 (b) After the formal hearing or after considering the record and report of the masters, if
17 the commission finds good cause, it shall order the removal, suspension, censure, reprimand, or
18 involuntary retirement of the justice, judge, or justice court judge.
19 (4) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
20 46a, Utah Administrative Rulemaking Act[, on]. On or after July 1, 1996, the commission shall
21 make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
22 governing the issuance of private reprimands, including rules for disclosing the information to the
23 Judicial Council. A private reprimand may be issued only if a formal hearing is not conducted
24 regarding this matter.
25 (5) (a) Prior to the implementation of any commission order under Subsection (1) or (2),
26 the Supreme Court shall review the record of the proceedings on the law and facts and may permit
27 the introduction of additional evidence. The Supreme Court shall enter its order implementing,
28 modifying, or rejecting the commission's order.
29 (b) (i) Upon an order for retirement, the justice, judge, or justice court judge shall retire
30 with the same rights and privileges as if the justice, judge, or justice court judge retired pursuant
31 to statute.

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1 (ii) Upon an order for removal, the justice, judge, or justice court judge shall be removed
2 from office and his salary or compensation ceases from the date of the order.
3 (iii) Upon an order for suspension from office, the justice, judge, or justice court judge
4 may not perform any judicial functions and may not receive a salary for the period of suspension.
5 (6) The following documents are privileged in any civil action:
6 (a) the transmission, production, or disclosure of any complaints, papers, or testimony in
7 the course of proceedings before:
8 (i) the Judicial Conduct Commission;
9 (ii) the masters appointed under Subsection (2); or
10 (iii) the Supreme Court;
11 (b) any complaints, papers, or testimony may not be disclosed by the commission,
12 masters, or any court until the Supreme Court has entered its final order in accordance with this
13 section, except:
14 (i) upon order of the Supreme Court;
15 (ii) upon the request of the judge or justice who is the subject of the complaint; or
16 (iii) the dismissal of a complaint or allegation against a judge or justice shall be disclosed
17 without consent of the judge or justice to the person who filed the complaint or allegation.
18 (7) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
19 46a, Utah Administrative Rulemaking Act, on or after July 1, 1996, the Judicial Conduct
20 Commission shall make rules in accordance with Title 63, Chapter 46a, Utah Administrative
21 Rulemaking Act, outlining its procedures and the appointment of masters. A justice, judge, or
22 justice court judge who is a member of the commission or the Supreme Court may not participate
23 in any proceedings involving the justice's, judge's, or justice court judge's own removal or
24 retirement.
25 (8) Retirement for disability or involuntary retirement as provided by Sections 78-7-28
26 through 78-7-30 shall be processed through the Utah State Retirement Office, and the judge
27 retiring shall meet the requirements for retirement as specified in Sections 78-7-28 through
28 78-7-30.
29 Section 145. Section 78-27-60 is amended to read:
30 78-27-60. Limited immunity for architects and engineers inspecting earthquake
31 damage.

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1 (1) A professional engineer licensed under Title 58, Chapter 22, Professional Engineers
2 and Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter [3] 3a,
3 Architects Licensing Act, who provides structural inspection services at the scene of a declared
4 national, state, or local emergency caused by a major earthquake is not liable for any personal
5 injury, wrongful death, or property damage caused by the good faith inspection for structural
6 integrity or nonstructural elements affecting health and safety of a structure used for human
7 habitation or owned by a public entity if the inspection is performed:
8 (a) voluntarily, without compensation or the expectation of compensation;
9 (b) at the request of a public official or city or county building inspector acting in an
10 official capacity; and
11 (c) within 30 days of the earthquake.
12 (2) The immunity provided for in Subsection (1) does not apply to gross negligence or
13 willful misconduct.
14 Section 146. Section 78-29-102 is amended to read:
15 78-29-102. Petition -- HIV testing -- Notice -- Payment of testing.
16 (1) A person, emergency medical services provider, or public safety officer significantly
17 exposed during the course of performing emergency medical services provider's or the public
18 safety officer's duties or a first aid volunteer significantly exposed during the course of performing
19 emergency assistance or first aid may petition the district court for an order requiring that the
20 person who significantly exposed the petitioner submit to testing to determine the presence of HIV
21 or other blood-borne pathogens and that the results of that test be disclosed to the petitioner by the
22 Department of Health.
23 (2) (a) The petitioner shall file with the district court a petition seeking the order to submit
24 to testing and to disclose the results.
25 (b) The petition shall be sealed upon filing and accessible only to the petitioner, the subject
26 of the petition, and their attorneys upon court order.
27 (3) (a) The petition described in Subsection (2) shall be accompanied by an affidavit in
28 which the person, the public safety officer, first aid volunteer, or emergency medical services
29 provider certifies that he has been significantly exposed to the individual who is the subject of the
30 petition and describes that exposure.
31 (b) The petitioner shall submit to testing to determine the presence of HIV or other

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1 blood-borne pathogens concurrently with the petition or within ten days of the petition.
2 (4) The petitioner shall serve the petition required under this section on the person who
3 the petitioner is requesting to be tested.
4 (5) (a) The court shall set a time for a hearing on the matter within 20 days after the
5 petition is filed and shall give the petitioner and the individual who is the subject of the petition
6 notice of the hearing at least 72 hours prior to the hearing.
7 (b) The individual who is the subject of the petition shall also be notified that he may have
8 an attorney present at the hearing, and that his attorney may examine and cross-examine witnesses.
9 (c) The hearing shall be conducted in camera.
10 (6) The district court may enter an order requiring that an individual submit to testing for
11 HIV or other blood-borne pathogens if the court finds probable cause to believe:
12 (a) the petitioner was significantly exposed; and
13 (b) the exposure occurred during the course of the public safety officer's or medical
14 services provider's duties.
15 (7) The court is not required to order an individual to submit to a test under this section
16 if it finds that there is a substantial reason, relating to the life or health of the individual, not to
17 enter the order.
18 (8) (a) Upon order of the district court that a person submit to testing for HIV or other
19 blood-borne pathogens, that person shall report to the local health department to have his blood
20 drawn within ten days from the issuance of the order or shall be held in contempt of court.
21 (b) The order shall include the name and address of the petitioner and the subject of the
22 petition.
23 (c) The court shall send the order to the Department of Health and to the local health
24 department ordered to draw the blood.
25 (d) Notwithstanding the provisions of Section [26-25a-101] 26-6-27, the Department of
26 Health and a local health department may disclose the test results pursuant to a court order as
27 provided in this section.
28 (e) Under this section, anonymous testing as provided under Section [26-6-3] 26-6-3.5
29 shall not satisfy the requirements of the court order.
30 (f) The local health department or the Department of Health shall inform the subject of the
31 petition and the petitioner of the results of the test and advise both parties of the confidential nature

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1 of the test results.
2 (9) (a) The petitioner shall remit payment for the drawing of the blood specimen and the
3 analysis of the specimen for the mandatory disease testing to the entity that draws the blood.
4 (b) If the petitioner is a public safety officer or emergency medical services provider, the
5 agency which employs the public safety officer or emergency medical services provider shall remit
6 payment for the drawing of the blood specimen and the analysis of the specimen for the mandatory
7 disease testing to the entity that draws the blood.
8 (10) The entity that draws the blood shall cause the blood and the payment for the analysis
9 of the specimen to be delivered to the Department of Health for analysis.
10 (11) If the individual is incarcerated, the incarcerating authority shall either draw the blood
11 specimen or shall pay the expenses of having the individual's blood drawn.
12 Section 147. Section 78-30-7 is amended to read:
13 78-30-7. Jurisdiction of district and juvenile court -- Time for filing.
14 (1) Adoption proceedings shall be commenced by filing a petition with the clerk of the
15 district court in the district where the person adopting resides, or with the juvenile court as
16 provided in Section [78-3a-16.3] 78-3a-105. All orders, decrees, agreements, and notices in the
17 proceedings shall be filed with the clerk of that court.
18 (2) A petition for adoption shall be filed within 30 days of the date the adoptee is placed
19 in the home of the petitioners for the purpose of adoption, unless the time for filing has been
20 extended by the court, or unless the adoption is arranged by a licensed child placing agency in
21 which case the agency may extend the filing time.
22 Section 148. Section 78-30-15.1 is amended to read:
23 78-30-15.1. Compliance with the Interstate Compact on Placement of Children.
24 In any adoption proceeding the petition for adoption shall state whether the child was born
25 in another state and, if so, both the petition and the court's final decree of adoption shall state that
26 the requirements of Title 62A, Chapter [4, Part 3] 4a, Part 7, Interstate Compact on Placement of
27 Children, have been complied with.
28 Section 149. Repealer.
29 This act repeals:
30 Section 9-2-1101 (Renumbered 07/01/97), Short title.
31 Section 26-33-9, Repeal of chapter.

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1 Section 31A-8-109, Signing documents without verification.
2 Section 31A-11-113, Continuation of existing motor clubs.
3 Section 55-3-27, End of emergency.
4 Section 58-12-39, "Good Samaritan Statute" to apply.
5 Section 59-17a-108, Transfers of funding sources of programs, services, and revenues
6 -- Effect.
7 Section 62A-9-137, AFDC work or training proposal.
8 Section 63-56-18, Preparation of specifications by purchasing agency.
9 Section 150. Effective date.
10 (1) Sections 9-2-1101, 35A-1-201, 35A-3-107, 35A-3-308, 35A-4-104, 35A-6-202,
11 63-55-235, and 64-13-16 take effect July 1, 1997.
12 (2) Section 59-7-605 has retrospective operation to taxable years beginning January 1,
13 1997.
14 (3) The remaining provisions of this act take effect May 5, 1997.




Legislative Review Note
as of 1-7-97 8:09 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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