H.B. 233

1

REVISOR'S STATUTE
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Susan J. Koehn
5 David L. Gladwell
6 Gerry A. Adair
7 Ron Bigelow
8 Blake D. Chard
Gary F. Cox
Brent H. Goodfellow
Thomas V. Hatch
Neal B. Hendrickson
David L. Hogue
Raymond W. Short

9 AN ACT RELATING TO STATE AFFAIRS; MAKING TECHNICAL AMENDMENTS; AND
10 REPEALING CERTAIN OUTDATED SECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-1-114, as enacted by Chapter 48, Laws of Utah 1977
14 10-2-411, as repealed and reenacted by Chapter 389, Laws of Utah 1997
15 10-2-413, as repealed and reenacted by Chapter 389, Laws of Utah 1997
16 10-2-414, as repealed and reenacted by Chapter 389, Laws of Utah 1997
17 10-2-415, as repealed and reenacted by Chapter 389, Laws of Utah 1997
18 10-9-605, as enacted by Chapter 108, Laws of Utah 1997
19 13-2-3, as last amended by Chapter 10, Laws of Utah 1997
20 13-11-4, as last amended by Chapter 194, Laws of Utah 1998
21 13-20-2, as last amended by Chapters 222 and 339, Laws of Utah 1998
22 16-11-2, as last amended by Chapter 140, Laws of Utah 1997
23 17-27-605, as enacted by Chapter 108, Laws of Utah 1997
24 17-35a-502, as enacted by Chapter 369, Laws of Utah 1998
25 17-35a-503, as enacted by Chapter 369, Laws of Utah 1998
26 17A-1-305 (Effective 01/01/00), as last amended by Chapter 362, Laws of Utah 1998
27 17A-2-1062, as enacted by Chapter 151, Laws of Utah 1998
28 17A-2-1247, as last amended by Chapters 211 and 308, Laws of Utah 1998

29 17A-2-1247.5, as last amended by Chapter 279, Laws of Utah 1998
30 19-6-409, as last amended by Chapters 95, 255 and 417, Laws of Utah 1998
31 19-6-416, as last amended by Chapter 162, Laws of Utah 1996
32 19-8-113, as enacted by Chapter 247, Laws of Utah 1997
33 20A-1-102, as last amended by Chapters 344 and 369, Laws of Utah 1998
34 20A-4-106, as last amended by Chapter 340, Laws of Utah 1995
35 20A-7-209, as last amended by Chapter 153, Laws of Utah 1995
36 20A-11-1201, as enacted by Chapter 158, Laws of Utah 1995
37 20A-14-201, as last amended by Chapter 294, Laws of Utah 1998
38 26-6b-3, as enacted by Chapter 211, Laws of Utah 1996
39 26-6b-6, as enacted by Chapter 211, Laws of Utah 1996
40 26-9-202, as last amended by Chapter 59, Laws of Utah 1995
41 26-9d-1, as enacted by Chapter 252, Laws of Utah 1992
42 26-9d-5, as enacted by Chapter 252, Laws of Utah 1992
43 26-21-3, as last amended by Chapter 209, Laws of Utah 1997
44 26-28-2, as last amended by Chapter 343, Laws of Utah 1995
45 26-32a-103.5, as last amended by Chapter 266, Laws of Utah 1996
46 26-32a-107, as last amended by Chapter 266, Laws of Utah 1996
47 26-33a-103, as last amended by Chapters 243 and 248, Laws of Utah 1996
48 26-40-103, as enacted by Chapter 360, Laws of Utah 1998
49 31A-2-104, as last amended by Chapter 344, Laws of Utah 1995
50 31A-32-101, as enacted by Chapter 321, Laws of Utah 1995
51 35A-1-102, as last amended by Chapter 1, Laws of Utah 1998
52 35A-2-202, as last amended by Chapter 1, Laws of Utah 1998
53 35A-3-508, as last amended by Chapter 1, Laws of Utah 1998
54 35A-4-205, as last amended by Chapter 375, Laws of Utah 1997
55 41-3-702, as last amended by Chapter 1 and renumbered and amended by Chapter 234 and
56 last amended by Chapter 239, Laws of Utah 1992
57 48-2b-102, as last amended by Chapter 56, Laws of Utah 1998
58 53-3-210, as last amended by Chapters 34 and 48, Laws of Utah 1996
59 53-3-901, as enacted by Chapter 216, Laws of Utah 1993

60 53-3-902, as last amended by Chapter 12, Laws of Utah 1994
61 53-8-213, as enacted by Chapter 66, Laws of Utah 1997
62 53-10-502, as enacted by Chapter 263, Laws of Utah 1998
63 53-11-108, as enacted by Chapter 257, Laws of Utah 1998
64 53-11-119, as enacted by Chapter 257, Laws of Utah 1998
65 53A-3-414, as enacted by Chapter 2, Laws of Utah 1988
66 53A-7-110, as last amended by Chapter 46, Laws of Utah 1998
67 53A-17a-101, as renumbered and amended by Chapter 72, Laws of Utah 1991
68 58-37c-11, as repealed and reenacted by Chapter 297, Laws of Utah 1993
69 58-37c-18, as enacted by Chapter 100, Laws of Utah 1998
70 58-37c-21, as enacted by Chapter 101, Laws of Utah 1998
71 58-37d-9, as enacted by Chapter 101, Laws of Utah 1998
72 58-47b-102, as last amended by Chapter 159, Laws of Utah 1998
73 58-47b-304, as last amended by Chapters 13 and 159, Laws of Utah 1998
74 58-60-103, as last amended by Chapter 248, Laws of Utah 1997
75 58-60-107, as last amended by Chapter 311, Laws of Utah 1998
76 58-65-302, as last amended by Chapter 375, Laws of Utah 1997
77 59-7-611, as last amended by Chapter 322, Laws of Utah 1998
78 59-9-101.1, as enacted by Chapter 46, Laws of Utah 1997
79 59-10-405, as last amended by Chapter 129, Laws of Utah 1996
80 59-12-201, as renumbered and amended by Chapter 5, Laws of Utah 1987
81 59-12-702, as last amended by Chapters 193 and 209, Laws of Utah 1998
82 59-23-4, as enacted by Chapter 179, Laws of Utah 1997
83 62A-4a-403, as last amended by Chapter 214 and renumbered and amended by Chapter
84 260, Laws of Utah 1994
85 63-9a-6, as last amended by Chapter 314, Laws of Utah 1998
86 63-38-2, as last amended by Chapters 13 and 254, Laws of Utah 1998
87 63-46b-1, as last amended by Chapter 375, Laws of Utah 1997
88 63-55-209, as last amended by Chapter 13, Laws of Utah 1998
89 63-55-258, as last amended by Chapter 227, Laws of Utah 1998
90 63A-5-220, as last amended by Chapters 384 and 407, Laws of Utah 1998

91 63C-3-104, as last amended by Chapter 93, Laws of Utah 1998
92 63C-7-211, as enacted by Chapter 136, Laws of Utah 1997
93 63C-9-501, as enacted by Chapter 285, Laws of Utah 1998
94 63D-1-204, as renumbered and amended by Chapter 73, Laws of Utah 1997
95 64-9b-2, as last amended by Chapter 158, Laws of Utah 1997
96 64-9b-6, as last amended by Chapter 92, Laws of Utah 1987
97 67-19a-401, as last amended by Chapters 101 and 204, Laws of Utah 1991
98 70A-2a-534, as enacted by Chapter 166, Laws of Utah 1997
99 72-7-106, as renumbered and amended by Chapter 270, Laws of Utah 1998
100 72-7-204, as renumbered and amended by Chapter 270, Laws of Utah 1998
101 72-7-401, as renumbered and amended by Chapter 270, Laws of Utah 1998
102 72-7-402, as renumbered and amended by Chapter 270, Laws of Utah 1998
103 72-7-404, as renumbered and amended by Chapter 270, Laws of Utah 1998
104 72-7-502, as renumbered and amended by Chapter 270, Laws of Utah 1998
105 72-7-505, as renumbered and amended by Chapter 270, Laws of Utah 1998
106 72-7-510, as renumbered and amended by Chapter 270, Laws of Utah 1998
107 72-7-515, as renumbered and amended by Chapter 270, Laws of Utah 1998
108 72-12-109, as renumbered and amended by Chapter 270, Laws of Utah 1998
109 73-15-5, as enacted by Chapter 193, Laws of Utah 1973
110 75-2-610, as repealed and reenacted by Chapter 39, Laws of Utah 1998
111 76-6-404.5, as enacted by Chapter 138, Laws of Utah 1998
112 77-18-9, as last amended by Chapters 170 and 263, Laws of Utah 1998
113 77-32a-2, as last amended by Chapter 215, Laws of Utah 1997
114 78-5-101, as last amended by Chapter 216, Laws of Utah 1997
115 78-5-102, as last amended by Chapter 118, Laws of Utah 1997
116 78-5-103, as last amended by Chapter 212, Laws of Utah 1997
117 78-14a-101, as last amended by Chapter 248, Laws of Utah 1996
118 78-30-3.5, as last amended by Chapters 80 and 263, Laws of Utah 1998
119 78-45f-202, as renumbered and amended by Chapter 232, Laws of Utah 1997
120 78-46-1, as enacted by Chapter 130, Laws of Utah 1979
121 RENUMBERS AND AMENDS:

122 63-55b-131, (Renumbered from 63-55b-3101, as enacted by Chapter 130, Laws of Utah
123 1998)
124 63-55b-153, (Renumbered from 63-55b-5301, as last amended by Chapter 343, Laws of
125 Utah 1998)
126 63-55b-159, (Renumbered from 63-55b-5901, as enacted by Chapters 46, 345 and 346,
127 Laws of Utah 1997)
128 63-55b-163, (Renumbered from 63-55b-6301, as enacted by Chapters 312 and 364, Laws
129 of Utah 1998)
130 REPEALS:
131 53-3-107, as enacted by Chapter 282, Laws of Utah 1997
132 53-4-101, as enacted by Chapter 234, Laws of Utah 1993
133 63-55b-6501, as enacted by Chapter 319, Laws of Utah 1997
134 Be it enacted by the Legislature of the state of Utah:
135 Section 1. Section 10-1-114 is amended to read:
136 10-1-114. Repealer.
137 [The following acts, chapters, titles and sections] Title 10, Chapters 1, 2, 3, 5, and 6 are
138 repealed, except as provided in Section 10-1-115 [: (1) Title 10, Chapters 1, 2, 3, 4, 5, 6 and 14,].
139 [(2) Sections 5-6-9 through 5-6-13 ,]
140 [(3) Sections 49-2-1 through 49-2-5 , and 49-5-4 ,]
141 [(4) Sections 10-7-1 , 10-7-2 , 10-7-75 and 10-7-75.5 ,]
142 [(5) Sections 10-10-9 through 10-10-22 .]
143 Section 2. Section 10-2-411 is amended to read:
144 10-2-411. Disqualification of commission member -- Alternate member.
145 (1) A member of the commission is disqualified with respect to a protest before the
146 commission if that member owns property:
147 (a) within the area proposed for annexation in a petition that is the subject of the protest;
148 or
149 (b) that is in the unincorporated area within 1/2 mile of the area proposed for annexation
150 in a petition that is the subject of a protest under Subsection 10-2-407 (1)[(d)](a)(iv).
151 (2) If a member is disqualified under Subsection (1), the body that appointed the
152 disqualified member shall appoint an alternate member to serve on the commission for purposes

153 of the protest as to which the member is disqualified.
154 Section 3. Section 10-2-413 is amended to read:
155 10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility
156 study.
157 (1) (a) Unless a proposed annexing municipality denies an annexation petition under
158 Subsection 10-2-407 (3)(a)(i)(A) and except as provided in Subsection (1)(b), the commission shall
159 choose and engage a feasibility consultant within 45 days of:
160 (i) the commission's receipt of a protest under Section 10-2-407 , if the commission had
161 been created before the filing of the protest; or
162 (ii) the commission's creation, if the commission is created after the filing of a protest.
163 (b) Notwithstanding Subsection (1)(a), the commission may not require a feasibility study
164 with respect to a proposed annexation that meets the criteria of Subsection 10-2-407 (2)(e).
165 (2) The commission shall require the feasibility consultant to:
166 (a) complete a feasibility study on the proposed annexation and submit written results of
167 the study to the commission no later than 75 days after the feasibility consultant is engaged to
168 conduct the study;
169 (b) submit with the full written results of the feasibility study a summary of the results no
170 longer than a page in length; and
171 (c) attend the public hearing under Subsection 10-2-415 (1) and present the feasibility study
172 results and respond to questions at that hearing.
173 (3) (a) Subject to Subsection (4), the feasibility study shall consider:
174 (i) the population and population density within the area proposed for annexation, the
175 surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries
176 within 1/2 mile of the area proposed for annexation, that municipality;
177 (ii) the geography, geology, and topography of and natural boundaries within the area
178 proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
179 municipality with boundaries within 1/2 mile of the area proposed for annexation, that
180 municipality;
181 (iii) whether the proposed annexation eliminates, leaves, or creates an unincorporated
182 island or peninsula;
183 (iv) whether the proposed annexation will hinder or prevent a future and more logical and

184 beneficial annexation or a future logical and beneficial incorporation;
185 (v) the fiscal impact of the proposed annexation on the remaining unincorporated area,
186 other municipalities, special districts, school districts, and other governmental entities;
187 (vi) current and five-year projections of demographics and economic base in the area
188 proposed for annexation and surrounding unincorporated area, including household size and
189 income, commercial and industrial development, and public facilities;
190 (vii) projected growth in the area proposed for annexation and the surrounding
191 unincorporated area during the next five years;
192 (viii) the present and five-year projections of the cost of governmental services in the area
193 proposed for annexation;
194 (ix) the present and five-year projected revenue to the proposed annexing municipality
195 from the area proposed for annexation;
196 (x) the projected impact the annexation will have over the following five years on the
197 amount of taxes that property owners within the area proposed for annexation, the proposed
198 annexing municipality, and the remaining unincorporated county will pay;
199 (xi) past expansion in terms of population and construction in the area proposed for
200 annexation and the surrounding unincorporated area;
201 (xii) the extension during the past ten years of the boundaries of each other municipality
202 near the area proposed for annexation, the willingness of the other municipality to annex the area
203 proposed for annexation, and the probability that another municipality would annex some or all
204 of the area proposed for annexation during the next five years if the annexation did not occur;
205 (xiii) the history, culture, and social aspects of the area proposed for annexation and
206 surrounding area;
207 (xiv) the method of providing and the entity that has provided municipal-type services in
208 the past to the area proposed for incorporation and the feasibility of municipal-type services being
209 provided by the proposed annexing municipality; and
210 (xv) the effect on each school district whose boundaries include part or all of the area
211 proposed for annexation or the proposed annexing municipality.
212 (b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad
213 valorem property tax rates on residential property within the area proposed for annexation at the
214 same level that residential property within the proposed annexing municipality would be without

215 the annexation.
216 (c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that the
217 level and quality of governmental services that will be provided to the area proposed for
218 annexation in the future is essentially comparable to the level and quality of governmental services
219 being provided within the proposed annexing municipality at the time of the feasibility study.
220 (4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth of
221 study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant in
222 conducting the feasibility study depending upon:
223 (i) the size of the area proposed for annexation;
224 (ii) the size of the proposed annexing municipality;
225 (iii) the extent to which the area proposed for annexation is developed;
226 (iv) the degree to which the area proposed for annexation is expected to develop and the
227 type of development expected; and
228 (v) the number and type of protests filed against the proposed annexation.
229 (b) Notwithstanding Subsection (4)(a), the commission may not modify the requirement
230 that the feasibility consultant provide a full and complete analysis of the items listed in Subsections
231 (3)(a)(viii), (ix), and (xv).
232 (5) If the results of the feasibility study do not meet the requirements of Subsection
233 10-2-416 (3), the feasibility consultant may, as part of the feasibility study, make recommendations
234 as to how the boundaries of the area proposed for annexation may be altered so that the
235 requirements of Subsection 10-2-416 (3) may be met.
236 (6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and expenses
237 shall be shared equally by the proposed annexing municipality and each entity or group under
238 Subsection 10-2-407 (1) that files a protest.
239 (b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property owners
240 under Subsection 10-2-407 (1)[(d)](a)(iv), the county in which the area proposed for annexation
241 shall pay the owners' share of the feasibility consultant's fees and expenses.
242 (ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners file
243 a protest, the county and the proposed annexing municipality shall equally share the property
244 owners' share of the feasibility consultant's fees and expenses.
245 Section 4. Section 10-2-414 is amended to read:

246 10-2-414. Modified annexation petition -- Supplemental feasibility study.
247 (1) (a) (i) If the results of the feasibility study do not meet the requirements of Subsection
248 10-2-416 (3), the sponsors of the annexation petition may, within 45 days of the feasibility
249 consultant's submission of the results of the study, file with the city recorder or town clerk of the
250 proposed annexing municipality a modified annexation petition altering the boundaries of the
251 proposed annexation.
252 (ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
253 sponsors of the annexation petition shall deliver or mail a copy of the modified annexation petition
254 to the clerk of the county in which the area proposed for annexation is located.
255 (b) Each modified annexation petition under Subsection (1)(a) shall comply with the
256 requirements of Subsections 10-2-403 (2), (3), and (4).
257 (2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified
258 annexation petition, the city recorder or town clerk, as the case may be, shall follow the same
259 procedure for the modified annexation petition as provided under Subsections 10-2-405 (2) and
260 (3)(a) for an original annexation petition.
261 (b) If the city recorder or town clerk certifies the modified annexation petition under
262 Subsection 10-2-405 (2)(b)(i), the city recorder or town clerk, as the case may be, shall send written
263 notice of the certification to:
264 (i) the commission;
265 (ii) each entity that filed a protest to the annexation petition; and
266 (iii) if a protest was filed under Subsection 10-2-407 (1)[(d)](a)(iv), the contact person.
267 (c) (i) If the modified annexation petition proposes the annexation of an area that includes
268 part or all of a special district or school district that was not included in the area proposed for
269 annexation in the original petition, the city recorder or town clerk, as the case may be, shall also
270 send notice of the certification of the modified annexation petition to the board of the special
271 district or school district.
272 (ii) If the area proposed for annexation in the modified annexation petition is within 1/2
273 mile of the boundaries of a municipality whose boundaries were not within 1/2 mile of the area
274 proposed for annexation in the original annexation petition, the city recorder or town clerk, as the
275 case may be, shall also send notice of the certification of the modified annexation petition to the
276 legislative body of that municipality.

277 (3) Within ten days of the commission's receipt of the notice under Subsection (2)(b), the
278 commission shall engage the feasibility consultant that conducted the feasibility study to
279 supplement the feasibility study to take into account the information in the modified annexation
280 petition that was not included in the original annexation petition.
281 (4) The commission shall require the feasibility consultant to complete the supplemental
282 feasibility study and to submit written results of the supplemental study to the commission no later
283 than 30 days after the feasibility consultant is engaged to conduct the supplemental feasibility
284 study.
285 Section 5. Section 10-2-415 is amended to read:
286 10-2-415. Public hearing -- Notice.
287 (1) If the results of the feasibility study or supplemental feasibility study meet the
288 requirements of Subsection 10-2-416 (3), the commission shall hold a public hearing within 30
289 days of receipt of the feasibility study or supplemental feasibility study results.
290 (2) At the hearing under Subsection (1), the commission shall:
291 (a) require the feasibility consultant to present the results of the feasibility study and, if
292 applicable, the supplemental feasibility study;
293 (b) allow those present to ask questions of the feasibility consultant regarding the study
294 results; and
295 (c) allow those present to speak to the issue of annexation.
296 (3) (a) The commission shall:
297 (i) publish notice of the hearing at least once a week for two successive weeks in a
298 newspaper of general circulation within the area proposed for annexation, the surrounding 1/2 mile
299 of unincorporated area, and the proposed annexing municipality; and
300 (ii) send written notice of the hearing to the municipal legislative body of the proposed
301 annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
302 protest, and, if a protest was filed under Subsection 10-2-407 (1)[(d)](a)(iv), the contact person.
303 (b) If there is no newspaper of general circulation within the areas described in Subsection
304 (3)(a)(i), the commission shall give the notice required under that subsection by posting notices,
305 at least seven days before the hearing, in conspicuous places within those areas that are most likely
306 to give notice of the hearing to the residents of those areas.
307 (c) The notices under Subsections (3)(a) and (b) shall include the feasibility study

308 summary under Subsection 10-2-413 (2)(b) and shall indicate that a full copy of the study is
309 available for inspection and copying at the office of the commission.
310 (4) (a) The commission shall record the hearing under this section by electronic means.
311 (b) A transcription of the recording under Subsection (4)(a), the feasibility study,
312 information received at the hearing, and the written decision of the commission shall constitute
313 the record of the hearing.
314 Section 6. Section 10-9-605 is amended to read:
315 10-9-605. Residences for persons with a disability.
316 (1) As used in this section:
317 (a) "Disability" is defined in Section 57-21-2 .
318 (b) "Residential facility for persons with a disability" means a residence:
319 (i) in which more than one person with a disability resides; and
320 (ii) is licensed or certified by the Department of Human Services under Title 62A, Chapter
321 2, Licensure of Programs and Facilities.
322 (2) Each municipality shall adopt an ordinance for residential facilities for persons with
323 a disability. The ordinance:
324 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
325 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
326 (b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
327 a disability to be reasonably dispersed throughout the municipality; and
328 (c) shall provide that a residential facility for persons with a disability:
329 (i) is a permitted use in any zoning area where residential dwellings are allowed; and
330 (ii) may only be required to obtain permits that verify compliance with the building, safety,
331 and health regulations that are applicable to similar structures.
332 (3) The responsibility to license programs or entities which operate facilities for persons
333 with a disability, as well as to require and monitor the provision of adequate services to persons
334 residing in those facilities, shall rest with the Department of Human Services as provided in
335 [Section 62A-2-114 and] Title 62A, Chapter 5, Services to People with Disabilities.
336 Section 7. Section 13-2-3 is amended to read:
337 13-2-3. Employment of personnel -- Compensation of director.
338 (1) The director, with the approval of the executive director, may employ personnel

339 necessary to carry out the duties and responsibilities of the division at salaries established by the
340 executive director according to standards established by the Department of Administrative
341 Services.
342 (2) The executive director shall establish the salary of the director according to standards
343 established by the Department of Administrative Services.
344 (3) The director may employ specialists, technical experts, or investigators to participate
345 or assist in investigations if they reasonably require expertise beyond that normally required for
346 division personnel.
347 (4) An investigator employed pursuant to Subsection (3) may be designated a special
348 function officer, as defined in Section [ 77-1a-4 ] 53-13-105 , by the director, but is not eligible for
349 retirement benefits under the Public Safety Employee's Retirement System.
350 Section 8. Section 13-11-4 is amended to read:
351 13-11-4. Deceptive act or practice by supplier.
352 (1) A deceptive act or practice by a supplier in connection with a consumer transaction
353 violates this chapter whether it occurs before, during, or after the transaction.
354 (2) Without limiting the scope of Subsection (1), a supplier commits a deceptive act or
355 practice if the supplier knowingly or intentionally:
356 (a) indicates that the subject of a consumer transaction has sponsorship, approval,
357 performance characteristics, accessories, uses, or benefits, if it has not;
358 (b) indicates that the subject of a consumer transaction is of a particular standard, quality,
359 grade, style, or model, if it is not;
360 (c) indicates that the subject of a consumer transaction is new, or unused, if it is not, or has
361 been used to an extent that is materially different from the fact;
362 (d) indicates that the subject of a consumer transaction is available to the consumer for a
363 reason that does not exist;
364 (e) indicates that the subject of a consumer transaction has been supplied in accordance
365 with a previous representation, if it has not;
366 (f) indicates that the subject of a consumer transaction will be supplied in greater quantity
367 than the supplier intends;
368 (g) indicates that replacement or repair is needed, if it is not;
369 (h) indicates that a specific price advantage exists, if it does not;

370 (i) indicates that the supplier has a sponsorship, approval, or affiliation the supplier does
371 not have;
372 (j) indicates that a consumer transaction involves or does not involve a warranty, a
373 disclaimer of warranties, particular warranty terms, or other rights, remedies, or obligations, if the
374 representation is false;
375 (k) indicates that the consumer will receive a rebate, discount, or other benefit as an
376 inducement for entering into a consumer transaction in return for giving the supplier the names of
377 prospective consumers or otherwise helping the supplier to enter into other consumer transactions,
378 if receipt of the benefit is contingent on an event occurring after the consumer enters into the
379 transaction;
380 (l) after receipt of payment for goods or services, fails to ship the goods or furnish the
381 services within the time advertised or otherwise represented or, if no specific time is advertised
382 or represented, fails to ship the goods or furnish the services within 30 days, unless within the
383 applicable time period the supplier provides the buyer with the option to either cancel the sales
384 agreement and receive a refund of all previous payments to the supplier or to extend the shipping
385 date to a specific date proposed by the supplier, but any refund shall be mailed or delivered to the
386 buyer within ten business days after the seller receives written notification from the buyer of the
387 buyer's right to cancel the sales agreement and receive the refund;
388 (m) fails to furnish a notice of the purchaser's right to cancel a direct solicitation sale
389 within three business days of the time of purchase if the sale is made other than at the supplier's
390 established place of business pursuant to the supplier's mail, telephone, or personal contact and if
391 the sale price exceeds $25, unless the supplier's cancellation policy is communicated to the buyer
392 and the policy offers greater rights to the buyer than this Subsection (2)(m), which notice shall be
393 a conspicuous statement written in dark bold at least 12 point type, on the first page of the purchase
394 documentation, and shall read as follows: "YOU, THE BUYER, MAY CANCEL THIS
395 CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (or
396 time period reflecting the supplier's cancellation policy but not less than three business days)
397 AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE PRODUCT,
398 WHICHEVER IS LATER.";
399 (n) promotes, offers, or grants participation in a pyramid scheme as defined under Title
400 76, Chapter 6a, Pyramid Scheme Act;

401 (o) represents that the funds or property conveyed in response to a charitable solicitation
402 will be donated or used for a particular purpose or will be donated to or used by a particular
403 organization, if the representation is false; or
404 (p) if a consumer indicates his intention of making a claim for a motor vehicle repair
405 against his motor vehicle insurance policy:
406 (i) commences the repair without first giving the consumer oral and written notice of:
407 (A) the total estimated cost of the repair; and
408 (B) the total dollar amount the consumer is responsible to pay for the repair, which dollar
409 amount may not exceed the applicable deductible or other copay arrangement in the consumer's
410 insurance policy; or
411 (ii) requests or collects from a consumer an amount that exceeds the dollar amount a
412 consumer was initially told he was responsible to pay as an insurance deductible or other copay
413 arrangement for a motor vehicle repair under Subsection (2)(p)(i), even if that amount is less than
414 the full amount the motor vehicle insurance policy requires the insured to pay as a deductible or
415 other copay arrangement, unless:
416 (A) the consumer's insurance company denies that coverage exists for the repair, in which
417 case, the full amount of the repair may be charged and collected from the consumer; or
418 (B) the consumer misstates, before the repair is commenced, the amount of money the
419 insurance policy requires the consumer to pay as a deductible or other copay arrangement, in which
420 case, the supplier may charge and collect from the consumer an amount that does not exceed the
421 amount the insurance policy requires the consumer to pay as a deductible or other copay
422 arrangement.
423 Section 9. Section 13-20-2 is amended to read:
424 13-20-2. Definitions.
425 As used in this chapter:
426 (1) "Consumer" means an individual who has entered into an agreement or contract for the
427 transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or sublease,
428 during the duration of the period defined under Section 13-20-5 .
429 (2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
430 as the warrantor on an express written warranty on a motor vehicle.
431 (3) "Motor home" means a self-propelled vehicular unit, primarily designed as a temporary

432 dwelling for travel, recreational, and vacation use.
433 (4) (a) "Motor vehicle" includes:
434 (i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis
435 sold in this state; and
436 (ii) a motor vehicle, as defined in Section 41-1a-102 , sold in this state.
437 (b) "Motor vehicle" does not include:
438 (i) those portions of a motor home designated, used, or maintained primarily as a mobile
439 dwelling, office, or commercial space;
440 (ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102 ;
441 (iii) mobile home as defined in Section 41-1a-102 ; or
442 (iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor
443 home as defined under Subsection [(4)(a)(i)] (3).
444 Section 10. Section 16-11-2 is amended to read:
445 16-11-2. Definitions.
446 As used in this chapter:
447 (1) "Filed" means the division has received and approved, as to form, a document
448 submitted under the provisions of this chapter, and has marked on the face of the document a
449 stamp or seal indicating the time of day and date of approval, the name of the division, the division
450 director's signature and division seal, or facsimiles of the signature or seal.
451 (2) "Professional corporation" means a corporation organized under this chapter.
452 (3) "Professional service" means the personal service rendered by:
453 (a) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter
454 67, Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
455 (b) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and Dental
456 Hygienist Practice Act, and any subsequent laws regulating the practice of dentistry;
457 (c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah
458 Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
459 (d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
460 Practice Act, and any subsequent laws regulating the practice of chiropractic;
461 (e) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician
462 Licensing Act, and any subsequent laws regulating the practice of podiatry;

463 (f) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
464 Act, and any subsequent laws regulating the practice of optometry;
465 (g) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act,
466 and any subsequent laws regulating the practice of veterinary medicine;
467 (h) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, and
468 any subsequent laws regulating the practice of architecture;
469 (i) a public accountant holding a license under Title 58, Chapter 26, Certified Public
470 Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
471 (j) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician
472 Practice Act, and any subsequent laws regulating the practice of naturopathy;
473 (k) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
474 any subsequent laws regulating the practice of pharmacy;
475 (l) an attorney granted the authority to practice law by:
476 (i) the Utah Supreme Court, as provided in Title 78, Chapter 51, Attorneys and
477 Counselors; or
478 (ii) the Supreme Court, other court, agency, instrumentality, or regulating board that
479 licenses or regulates the authority to practice law in any state or territory of the United States other
480 than Utah;
481 (m) a professional engineer registered under Title 58, Chapter 22, Professional Engineers
482 and Professional Land Surveyor Licensing Act;
483 (n) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
484 Division of Real Estate, and any subsequent laws regulating the selling, exchanging, purchasing,
485 renting, or leasing of real estate;
486 (o) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing
487 Act, and any subsequent laws regulating the practice of psychology;
488 (p) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part
489 2, Social Worker Licensing Act, and any subsequent laws regulating the practice of social work;
490 (q) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist
491 Practice Act, and any subsequent laws regulating the practice of physical therapy; or
492 (r) a nurse licensed under Title 58, Chapter [31] 31b, Nurse Practice Act, or Title 58,
493 Chapter 44a, Nurse Midwife Practice Act.

494 (4) "Regulating board" means the board that is charged with the licensing and regulation
495 of the practice of the profession which the professional corporation is organized to render. The
496 definitions of Title 16, Chapter 10a, Utah Revised Business Corporation Act, apply to this chapter
497 unless the context clearly indicates that a different meaning is intended.
498 Section 11. Section 17-27-605 is amended to read:
499 17-27-605. Residences for persons with a disability.
500 (1) As used in this section:
501 (a) "Disability" is defined in Section 57-21-2 .
502 (b) "Residential facility for persons with a disability" means a residence:
503 (i) in which more than one person with a disability resides; and
504 (ii) is licensed or certified by the Department of Human Services under Title 62A, Chapter
505 2, Licensure of Programs and Facilities.
506 (2) Each county shall adopt an ordinance for residential facilities for persons with a
507 disability. The ordinance:
508 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
509 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
510 (b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
511 a disability to be reasonably dispersed throughout the county; and
512 (c) shall provide that a residential facility for persons with a disability:
513 (i) is a permitted use in any zoning area where residential dwellings are allowed; and
514 (ii) may only be required to obtain permits that verify compliance with the building, safety,
515 and health regulations that are applicable to similar structures.
516 (3) The responsibility to license programs or entities which operate facilities for persons
517 with a disability, as well as to require and monitor the provision of adequate services to persons
518 residing in those facilities, shall rest with the Department of Human Services as provided in
519 [Section 62A-2-114 and] Title 62A, Chapter 5, Services to People with Disabilities.
520 Section 12. Section 17-35a-502 is amended to read:
521 17-35a-502. County executive-council form of county government.
522 (1) (a) A county operating under the form of government known as the "county
523 executive-council" form shall be governed by the county council, a county executive, and such
524 other officers and employees as are authorized by law.

525 (b) The optional plan shall provide for the qualifications, time, and manner of election,
526 term of office, compensation, and removal of the county executive.
527 (2) The county executive shall be the chief executive officer or body of the county and
528 shall have the powers and duties provided in Subsection [ 17-35b-501 ] 17-35a-501 (2).
529 (3) In the county executive-council form of county government, the legislative powers of
530 the county shall be vested in the county council, and the executive powers of the county shall be
531 vested in the county executive.
532 (4) References in any statute or state rule to the "governing body" or the "board of county
533 commissioners" of the county, in the county executive-council form of county government, means:
534 (a) the county council, with respect to legislative functions, duties, and powers; and
535 (b) the county executive, with respect to executive functions, duties, and powers.
536 Section 13. Section 17-35a-503 is amended to read:
537 17-35a-503. Council-manager form of county government.
538 (1) A county operating under the form of government known as the "council-manager"
539 form shall be governed by the county council, a county manager appointed by the council, and such
540 other officers and employees as are authorized by law. The optional plan shall provide for the
541 qualifications, time and manner of appointment, term of office, compensation, and removal of the
542 county manager.
543 (2) The county manager shall be the administrative head of the county government and
544 shall have the powers and duties of a county executive, under Subsection [ 17-35b-501 ]
545 17-35a-501 (2), except that the county manager shall not have any power of veto over ordinances
546 enacted by the council.
547 (3) No member of the council shall directly or indirectly, by suggestion or otherwise,
548 attempt to influence or coerce the manager in the making of any appointment or removal of any
549 officer or employee or in the purchase of supplies, attempt to exact any promise relative to any
550 appointment from any candidate for manager, or discuss directly or indirectly with him the matter
551 of specific appointments to any county office or employment. A violation of the foregoing
552 provisions of this Subsection (3) shall forfeit the office of the offending member of the council.
553 Nothing in this section shall be construed, however, as prohibiting the council while in open
554 session from fully and freely discussing with or suggesting to the manager anything pertaining to
555 county affairs or the interests of the county. Neither manager nor any person in the employ of the

556 county shall take part in securing, or contributing any money toward, the nomination or election
557 of any candidate for a county office. The optional plan may provide procedures for implementing
558 this Subsection (3).
559 (4) In the council-manager form of county government, the legislative powers of the
560 county shall be vested in the county council, and the executive powers of the county shall be vested
561 in the county manager.
562 (5) A reference in statute or state rule to the "governing body" or the "board of county
563 commissioners" of the county, in the council-manager form of county government, means:
564 (a) the county council, with respect to legislative functions, duties, and powers; and
565 (b) the county manager, with respect to executive functions, duties, and powers.
566 Section 14. Section 17A-1-305 (Effective 01/01/00) is amended to read:
567 17A-1-305 (Effective 01/01/00). Special district board -- Election procedures.
568 (1) Except as provided in Subsection [(12)] (13), each elected board member shall be
569 selected as provided in this section.
570 (2) Each election of a special district board member shall be held in conjunction with the
571 regular general election at polling places designated by the clerk of each county in which the
572 special district is located.
573 (3) (a) The clerk of each special district with a board member position to be filled at the
574 next regular general election shall provide notice of:
575 (i) each elective position of the special district to be filled at the next regular general
576 election;
577 (ii) the constitutional and statutory qualifications for each position; and
578 (iii) the dates and times for filing a declaration of candidacy.
579 (b) The notice required under Subsection (3)(a) shall be:
580 (i) posted in at least five public places within the special district at least ten days before
581 the first day for filing a declaration of candidacy; or
582 (ii) published in a newspaper of general circulation within the special district at least three
583 but no more than ten days before the first day for filing a declaration of candidacy.
584 (4) (a) To become a candidate for an elective special district board position, the
585 prospective candidate shall file a declaration of candidacy in person with the special district, during
586 office hours and not later than 5 p.m. between July 15 and August 15 of any even numbered year.

587 (b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
588 on the following Monday.
589 (c) Before the filing officer may accept any declaration of candidacy, the filing officer
590 shall:
591 (i) read to the prospective candidate the constitutional and statutory qualification
592 requirements for the office that the candidate is seeking;
593 (ii) require the candidate to state whether or not the candidate meets those requirements;
594 (iii) if the prospective candidate does not meet the qualification requirements for the
595 office, the filing officer may not accept the declaration of candidacy; and
596 (iv) if it appears that the prospective candidate meets the requirements of candidacy, the
597 filing officer shall accept the declaration of candidacy.
598 (d) (i) The declaration of candidacy shall substantially comply with the following form:
599 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
600 ____________, City of , County of , State of Utah, (Zip Code) ______, (Telephone Number, if
601 any)____________; that I am a registered voter and qualified elector of the special district; that
602 I am a candidate for the office of ____________(stating the term) to be voted upon at the
603 November regular general election to be held on Tuesday, the ______ day of November, ____, and
604 I hereby request that my name be printed upon the official ballot for that election.
605 (Signed) _________________________________________
606 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
607 ____________, ____.
608 (Signed) ________________________
609 (Clerk or Notary Public)"
610 (ii) If at least one person does not file a declaration of candidacy as required by this
611 section, a person shall be appointed to fill that board position by following the procedures and
612 requirements for appointment established in Section 20A-1-512 .
613 (5) There shall be no primary election.
614 (6) (a) The special district clerk shall certify the candidate names to the clerk of each
615 county in which the special district is located no later than August 20 of the regular general
616 election year.
617 (b) The clerk of each county in which the special district is located shall list the name of

618 each candidate for special district office in the nonpartisan section of the regular general election
619 ballot as provided in Title 20A, Chapter 6, Part 3, Regular General Election Ballots.
620 (7) (a) Only qualified electors of the special district who are registered to vote and who
621 are entitled to vote may vote.
622 (b) Each voter may vote for as many candidates as there are offices to be filled.
623 (c) The candidates who receive the highest number of votes are elected.
624 (8) Except as otherwise provided by this section, the election of special district board
625 members is governed by Title 20A, Election Code.
626 (9) (a) A person elected to serve on a special district board shall serve a four-year term,
627 beginning on the January 1 after the person's election.
628 (b) A person elected shall be sworn in as soon as practical after January 1.
629 (10) The term of a person serving on a special district board as of May 1, 2000, whose
630 election falls on an odd-numbered year is extended one year so that the person's election will be
631 on the next November election day in an even-numbered year.
632 (11) (a) If the application of Subsection (10) causes a disproportionate number of elected
633 and appointed terms to expire at the same time, or if for any other reason a disproportionate
634 number of positions expire at the same time, a number of elected terms shall be extended to
635 January 1 following the next regular general election, or, in the case of appointed terms, a number
636 of appointed terms shall be extended to January 1 following the normal expiration of appointed
637 terms, to equalize, to the extent possible, the number of board positions expiring at the same time.
638 (b) The board member whose term is to be extended shall be determined by lot.
639 (c) After this apportionment has taken place, all board terms shall be four years.
640 (12) Each special district shall reimburse the county holding an election under this section
641 for the costs of the election attributable to that special district.
642 (13) This section does not apply to a county improvement district under Chapter 2, Part
643 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, that
644 provides electric or gas service or to an irrigation district under Chapter 2, Part 7, Irrigation
645 Districts.
646 Section 15. Section 17A-2-1062 is amended to read:
647 17A-2-1062. Multicounty district may employ or contract for security officers --
648 Security officer status and powers -- Limitation on damages.

649 (1) The governing body of a multicounty district may employ security officers or contract
650 with a private firm to supply security officers for the district.
651 (2) Each security officer employed or supplied under Subsection (1) is a special function
652 officer under Section [ 77-1a-4 ] 53-13-105 and shall be subject to the provisions of that section.
653 (3) The duties of a security officer under this section include:
654 (a) issuing a citation for a violation of Subsection 17A-2-1061 (1);
655 (b) enforcing the district's parking ordinance under Subsection 17A-2-1061 (3);
656 (c) detaining a person committing a felony or misdemeanor at a transit facility until law
657 enforcement authorities arrive, if the security officer has probable cause to believe that the person
658 committed a felony or misdemeanor; and
659 (d) security functions respecting transit facilities and preserving the security, peace, and
660 safety of persons using transit facilities.
661 (4) A person may not recover damages in an action based on a claim related to a security
662 officer's conduct if:
663 (a) the security officer had probable cause to believe that the person had committed a
664 felony or misdemeanor at a transit facility; and
665 (b) the security officer acted reasonably under the circumstances.
666 Section 16. Section 17A-2-1247 is amended to read:
667 17A-2-1247. Tax increment financing authorized -- Division of tax revenues --
668 Greater allocation allowed if authorized by taxing agency.
669 (1) This section applies to projects for which a preliminary plan has been prepared prior
670 to April 1, 1993, and for which all of the following have occurred prior to July 1, 1993: the agency
671 blight study has been completed, and a hearing under Section 17A-2-1221 has in good faith been
672 commenced by the agency.
673 (2) Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable
674 property in a redevelopment project each year by or for the benefit of the state, any city, county,
675 city and county, district, or other public corporation (hereinafter sometimes called "taxing
676 agencies") after the effective date of the ordinance approving the redevelopment plan, shall be
677 divided as follows:
678 (a) That portion of the taxes which would be produced by the rate upon which the tax is
679 levied each year by or for each of the taxing agencies upon the total sum of the taxable value of

680 the taxable property in the redevelopment project as shown upon the assessment roll used in
681 connection with the taxation of the property by the taxing agency, last equalized prior to the
682 effective date of the ordinance, shall be allocated to and when collected shall be paid into the funds
683 of the respective taxing agencies as taxes by or for the taxing agencies on all other property are
684 paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did
685 not include the territory in a redevelopment project on the effective date of the ordinance but to
686 which the territory has been annexed or otherwise included after the effective date, the assessment
687 roll of the county last equalized on the effective date of the ordinance shall be used in determining
688 the taxable value of the taxable property in the project on the effective date).
689 (b) In a redevelopment project with a redevelopment plan adopted before April 1, 1983,
690 that portion of the levied taxes each year in excess of the amount allocated to and when collected
691 paid into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to
692 and when collected shall be paid into a special fund of the redevelopment agency to pay the
693 principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded,
694 assumed, or otherwise) incurred by the redevelopment agency before April 1, 1983, to finance or
695 refinance, in whole or in part, the redevelopment project. Payment of tax revenues to the
696 redevelopment agency shall be subject to and shall except uncollected or delinquent taxes in the
697 same manner as payments of taxes to other taxing agencies are subject to collection. Unless and
698 until the total taxable value of the taxable property in a redevelopment project exceeds the total
699 taxable value of the taxable property in the project as shown by the last equalized assessment roll
700 referred to in Subsection (2)(a), all of the taxes levied and collected upon the taxable property in
701 the redevelopment project shall be paid into the funds of the respective taxing agencies. When
702 the loans, advances, and indebtedness, if any, and any interest have been paid, all moneys received
703 from taxes upon the taxable property in the redevelopment project shall be paid into the funds of
704 the respective taxing agencies as taxes on all other property are paid.
705 (c) Notwithstanding the provisions of Subsections (2)(a) and (e), Subsection
706 17A-2-1210 (5), or any other provision of this part, any loans, moneys advanced to, or indebtedness
707 (whether funded, refunded, assumed, or otherwise) issued prior to April 1, 1983, may be
708 refinanced and repaid from 100% of that portion of the levied taxes paid into the special fund of
709 the redevelopment agency each year in excess of the amount allocated to and when collected paid
710 into the funds of the respective taxing agencies under Subsection (2)(a) if the principal amount of

711 loans, moneys advanced to, or indebtedness is not increased in the refinancing.
712 (d) In a redevelopment project with a redevelopment plan adopted before April 1, 1983,
713 that portion of the levied taxes each year in excess of the amount allocated to and when collected
714 paid into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to
715 and when collected shall be paid into a special fund of the redevelopment agency according to the
716 limits established in Subsection (2)(f) to pay the principal of and interest on loans, moneys
717 advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the
718 redevelopment agency after April 1, 1983, to finance or refinance, in whole or in part, the
719 redevelopment project. Payment of tax revenues to the redevelopment agency shall be subject to
720 and shall except uncollected or delinquent taxes in the same manner as payments of taxes to other
721 taxing agencies are subject to collection. Unless and until the total taxable value of the taxable
722 property in a redevelopment project exceeds the total taxable value of the taxable property in the
723 project as shown by the last equalized assessment roll referred to in Subsection (2)(a), all of the
724 taxes levied and collected upon the taxable property in the redevelopment project shall be paid into
725 the funds of the respective taxing agencies. When the loans, advances, and indebtedness, if any,
726 and any interest have been paid, all moneys received from taxes upon the taxable property in the
727 redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all
728 other property are paid.
729 (e) In a redevelopment project with a redevelopment plan adopted after April 1, 1983, that
730 portion of the levied taxes each year in excess of the amount allocated to and when collected paid
731 into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to and
732 when collected shall be paid into a special fund of the redevelopment agency according to the
733 limits established in Subsection (2)(f) to pay the principal of and interest on loans, moneys
734 advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the
735 redevelopment agency after April 1, 1983, to finance or refinance, in whole or in part, the
736 redevelopment project. Payment of tax revenues to the redevelopment agency shall be subject to
737 and shall except uncollected or delinquent taxes in the same manner as payments of taxes to other
738 taxing agencies are subject to collection. Unless and until the total taxable value of the taxable
739 property in a redevelopment project exceeds the total taxable value of the taxable property in the
740 project as shown by the last equalized assessment roll referred to in Subsection (2)(a), all of the
741 taxes levied and collected upon the taxable property in the redevelopment project shall be paid into

742 the funds of the respective taxing agencies. When the loans, advances, and indebtedness, if any,
743 and any interest have been paid, all moneys received from taxes upon the taxable property in the
744 redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all
745 other property are paid.
746 (f) For purposes of Subsections (2)(d) and (e), the maximum amounts which shall be
747 allocated to and when collected shall be paid into the special fund of a redevelopment agency may
748 not exceed the following percentages:
749 (i) for a period of the first five tax years commencing from the first tax year a
750 redevelopment agency accepts an amount allocated to and when collected paid into a special fund
751 of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or
752 indebtedness (whether funded, refunded, assumed, or otherwise) which loans, advances, or
753 indebtedness are incurred by the redevelopment agency after April 1, 1983, 100% of that portion
754 of the levied taxes each year in excess of the amount allocated to and when collected paid into the
755 funds of the respective taxing agencies under Subsection (2)(a);
756 (ii) for a period of the next five tax years 80% of that portion of the levied taxes each year
757 in excess of the amount allocated to and when collected paid into the funds of the respective taxing
758 agencies under Subsection (2)(a);
759 (iii) for a period of the next five tax years 75% of that portion of the levied taxes each year
760 in excess of the amount allocated to and when collected paid into the funds of the respective taxing
761 agencies under Subsection (2)(a);
762 (iv) for a period of the next five tax years 70% of that portion of the levied taxes each year
763 in excess of the amount allocated to and when collected paid into the funds of the respective taxing
764 agencies under Subsection (2)(a); and
765 (v) for a period of the next five tax years 60% of that portion of the levied taxes each year
766 in excess of the amount allocated to and when collected paid into the funds of the respective taxing
767 agencies under Subsection (2)(a).
768 (g) (i) In addition to the maximum amounts allocated to and when collected paid into the
769 special fund of a redevelopment agency under Subsection (2)(f), a redevelopment agency may
770 receive an additional percentage greater than those described in Subsection (2)(f) if the amount of
771 the tax increment funding received from the greater percentage is used:
772 (A) for an agency established by the governing body of a first class city:

773 (I) solely to pay all or part of the value of the land for and the cost of the installation and
774 construction of any building, facility, structure, or other improvement of a publicly or
775 privately-owned convention center or sports complex, including parking and infrastructure
776 improvements related to such convention center or sports complex; or
777 (II) solely to pay all or part of the cost of the installation and construction of an underpass
778 that has not received funding from the Centennial Highway [Trust] Fund under Section [ 63-49-22 ]
779 72-2-118 as part of the construction of Interstate 15; or
780 (B) for any agency, to pay all or part of the cost of the installation, construction, or
781 reconstruction of the 10000 South underpass or the 11400 South or 12300 South interchange on
782 I-15 in Salt Lake County.
783 (ii) The additional percentage a redevelopment agency may receive under Subsection
784 (2)(g)(i) shall be:
785 (A) 100% of that portion of the levied taxes each year in excess of the amount allocated
786 to and when collected paid into the funds of the respective taxing agencies under Subsection (2)(a);
787 and
788 (B) paid for a period of the first 32 years commencing from the first tax year a
789 redevelopment agency accepts an amount allocated to and when collected paid into a special fund
790 of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or
791 indebtedness, whether funded, refunded, assumed, or otherwise, that are incurred by the
792 redevelopment agency after April 1, 1983.
793 (iii) This Subsection (2)(g) applies only to a redevelopment agency in whose project area:
794 (A) construction has begun on a building, facility, structure, or other improvement of a
795 publicly or privately-owned convention center or sports complex, including parking and
796 infrastructure improvements related to such convention center or sports complex, on or before June
797 30, 1997;
798 (B) construction has begun on or before June 30, 1998, on an underpass that has not
799 received funding from the Centennial Highway [Trust] Fund under Section [ 63-49-22 ] 72-2-118
800 as part of the construction of Interstate 15; or
801 (C) the installation, construction, or reconstruction of the 10000 South underpass or the
802 11400 South or 12300 South interchange on I-15 in Salt Lake County has begun on or before June
803 30, 1998.

804 (iv) An additional amount described in Subsection (2)(g)(i) may no longer be allocated to
805 or used by the redevelopment agency, notwithstanding any other law to the contrary, if the
806 additional amount is not pledged:
807 (A) to pay all or part of the value of the land for and the cost of the installation and
808 construction of any building, facility, structure, or other improvement described in Subsection
809 (2)(g)(i)(A)(I) on or before June 30, 1997;
810 (B) on or before June 30, 1998, to pay all or part of the cost of the installation and
811 construction of an underpass that has not received funding from the Centennial Highway [Trust]
812 Fund under Section [ 63-49-22 ] 72-2-118 as part of the construction of Interstate 15; or
813 (C) on or before June 30, 1998, to pay all or part of the cost of the installation,
814 construction, or reconstruction of the 10000 South underpass or the 11400 South or 12300 South
815 interchange on I-15 in Salt Lake County.
816 (3) Nothing contained in Subsections (2)(d), (e), (f), and (g) prevents an agency from
817 receiving a greater percentage than those established in Subsections (2)(f) and (g) of the levied
818 taxes of any local taxing agency each year in excess of the amount allocated to and when collected
819 paid into the funds of the respective local taxing agency if the governing body of the local taxing
820 agency consents in writing.
821 Section 17. Section 17A-2-1247.5 is amended to read:
822 17A-2-1247.5. Tax increment financing -- Project area budget approval.
823 (1) This section applies to projects for which a preliminary plan has been adopted on or
824 after July 1, 1993.
825 (2) (a) A taxing agency committee shall be created for each redevelopment or economic
826 development project. The committee membership shall be selected as follows:
827 (i) two representatives appointed by the school district in the project area;
828 (ii) two representatives appointed by resolution of the county commission or county
829 council for the county in which the project area is located;
830 (iii) two representatives appointed by resolution of the city or town's legislative body in
831 which the project area is located if the project is located within a city or town;
832 (iv) a representative approved by the State School Board; and
833 (v) one representative who shall represent all of the remaining governing bodies of the
834 other local taxing agencies that levy taxes upon the property within the proposed project area. The

835 representative shall be selected by resolution of each of the governing bodies of those taxing
836 agencies within 30 days after the notice provided in Subsection 17A-2-1256 (3).
837 (b) If the project is located within a city or town, a quorum of a taxing agency committee
838 consists of five members. If the project is not located within a city or town, a quorum consists of
839 four members.
840 (c) A taxing agency committee formed in accordance with this section has the authority
841 to:
842 (i) represent all taxing entities in a project area and cast votes that will be binding on the
843 governing boards of all taxing entities in a project area;
844 (ii) negotiate with the agency concerning the redevelopment plan;
845 (iii) approve or disapprove project area budgets under Subsection (3); and
846 (iv) approve an exception to the limits on the value and size of project areas imposed by
847 Section 17A-2-1210 , or the time and amount of tax increment financing under this section.
848 (3) (a)(i) If the project area budget does not allocate 20% of the tax increment for housing
849 as provided in Subsection 17A-2-1264 (2)(a):
850 (A) an agency may not collect any tax increment for a project area until after the agency
851 obtains the majority consent of a quorum of the taxing agency committee for the project area
852 budget; and
853 (B) a project area budget adopted under Subsection (3)(a)(i)(A) may be amended if the
854 agency obtains the majority consent of a quorum of the taxing agency committee.
855 (ii) If the project area budget allocates 20% of the tax increment for housing as provided
856 in Subsection 17A-2-1264 (2)(a):
857 (A) an agency may not collect tax increment from all or part of a project area until after:
858 (I) the Olene Walker Housing Trust Fund Board, established under Title 9, Chapter 4, Part
859 7, Olene Walker Housing Trust Fund, has certified the project area budget as complying with the
860 requirements of Section 17A-2-1264 ; and
861 (II) the agency's governing body has approved and adopted the project area budget by a
862 2/3 vote; and
863 (B) a project area budget adopted under Subsection (3)(a)(ii)(A) may be amended if:
864 (I) the Olene Walker Housing Trust Fund Board, established under Title 9, Chapter 4, Part
865 7, Olene Walker Housing Trust Fund, certifies the amendment as complying with the requirements

866 of Section 17A-2-1264 ; and
867 (II) the agency's governing body approves and adopts the amendment by a 2/3 vote.
868 (b)Within 30 days after the approval and adoption of a project area budget, each agency
869 shall file a copy of the budget with the county auditor, the State Tax Commission, the state auditor,
870 and each property taxing entity affected by the agency's collection of tax increment under the
871 project area budget.
872 (c) (i) Beginning on January 1, 1997, before an amendment to a project area budget is
873 approved, the agency shall advertise and hold one public hearing on the proposed change in the
874 project area budget.
875 (ii) The public hearing under Subsection (3)(c)(i) shall be conducted according to the
876 procedures and requirements of Subsection 17A-2-1222 (2), except that if the amended budget
877 allocates a greater proportion of tax increment to a project area than was allocated to the project
878 area under the previous budget, the advertisement shall state the percentage allocated under the
879 previous budget and the percentage allocated under the amended budget.
880 (d) If an amendment is not approved, the agency shall continue to operate under the
881 previously approved, unamended project area budget.
882 (4) (a) An agency may collect tax increment from all or a part of a project area. The tax
883 increment shall be paid to the agency in the same manner and at the same time as payments of
884 taxes to other taxing agencies to pay the principal of and interest on loans, moneys advanced to,
885 or indebtedness, whether funded, refunded, assumed, or otherwise, to finance or refinance, in
886 whole or in part, the redevelopment or economic development project and the housing projects and
887 programs under Sections 17A-2-1263 and 17A-2-1264 .
888 (b) (i) An agency may elect to be paid:
889 (A) if 20% of the project area budget is not allocated for housing as provided in Subsection
890 17A-2-1264 (2)(a):
891 (I) 100% of annual tax increment for 12 years; or
892 (II) 75% of annual tax increment for 20 years; or
893 (B) if 20% of the project area budget is allocated for housing as provided in Subsection
894 17A-2-1264 (2)(a):
895 (I) 100% of annual tax increment for 15 years; or
896 (II) 75% of annual tax increment for 24 years.

897 (ii) Tax increment paid to an agency under this Subsection (4)(b) shall be paid for the
898 applicable length of time beginning the first tax year the agency accepts tax increment from a
899 project area.
900 (c) An agency may receive a greater percentage of tax increment or receive tax increment
901 for a longer period of time than that specified in Subsection (4)(b) if the agency obtains the
902 majority consent of the taxing agency committee.
903 (5) (a) The redevelopment plan shall provide that the portion of the taxes, if any, due to
904 an increase in the tax rate by a taxing agency after the date the project area budget is approved by
905 the taxing agency committee may not be allocated to and when collected paid into a special fund
906 of the redevelopment agency according to the provisions of Subsection (4) unless the taxing
907 agency committee approves the inclusion of the increase in the tax rate at the time the project area
908 budget is approved. If approval of the inclusion of the increase in the tax rate is not obtained, the
909 portion of the taxes attributable to the increase in the rate shall be distributed by the county to the
910 taxing agency imposing the tax rate increase in the same manner as other property taxes.
911 (b) The amount of the tax rate to be used in determining tax increment shall be increased
912 or decreased by the amount of an increase or decrease as a result of:
913 (i) a statute enacted by the Legislature, a judicial decision, or an order from the State Tax
914 Commission to a county to adjust or factor its assessment rate under Subsection 59-2-704 (2);
915 (ii) a change in exemption provided in Utah Constitution Article XIII, Section 2, or Section
916 59-2-103 ;
917 (iii) an increase or decrease in the percentage of fair market value, as defined under
918 Section 59-2-102 ; or
919 (iv) a decrease in the certified tax rate under Subsection 59-2-924 (2)(c) or (2)(d)(i).
920 (c) (i) Notwithstanding the increase or decrease resulting from Subsection (5)(b), the
921 amount of money allocated to, and when collected paid to the agency each year for payment of
922 bonds or other indebtedness may not be less than would have been allocated to and when collected
923 paid to the agency each year if there had been no increase or decrease under Subsection (5)(b).
924 (ii) For a decrease resulting from Subsection (5)(b)(iv), the taxable value for the base year
925 under Subsection [ 17-2-1247 (2)(a) or] 17A-2-1202 (2) or 17A-2-1247 (2)(a), as the case may be,
926 shall be reduced for any year to the extent necessary, including below zero, to provide an agency
927 with approximately the same amount of money the agency would have received without a

928 reduction in the county's certified tax rate if:
929 (A) in that year there is a decrease in the certified tax rate under Subsection 59-2-924 (2)(c)
930 or (2)(d)(i);
931 (B) the amount of the decrease is more than 20% of the county's certified tax rate of the
932 previous year; and
933 (C) the decrease results in a reduction of the amount to be paid to the agency under Section
934 17A-2-1247 or 17A-2-1247.5 .
935 (6) (a) For redevelopment plans first adopted before May 4, 1993, beginning January 1,
936 1994, all of the taxes levied and collected upon the taxable property in the redevelopment project
937 under Section 59-2-906.1 which are not pledged to support bond indebtedness and other
938 contractual obligations are exempt from the provisions of Subsection (4).
939 (b) For redevelopment plans first adopted after May 3, 1993, beginning January 1, 1994,
940 all of the taxes levied and collected upon the taxable property in the redevelopment project under
941 Section 59-2-906.1 are exempt from the provisions of Subsection (4).
942 Section 18. Section 19-6-409 is amended to read:
943 19-6-409. Petroleum Storage Tank Trust Fund created -- Source of revenues.
944 (1) (a) There is created an expendable trust fund entitled the Petroleum Storage Tank Trust
945 Fund.
946 (b) The sole sources of revenues for the fund are:
947 (i) petroleum storage tank fees under Section 19-6-411 ;
948 (ii) underground storage tank installation company permit fees under Section 19-6-411 ;
949 (iii) the environmental assurance fee and any penalties, paid under Section 19-6-410.5 ; and
950 (iv) any interest accrued on these revenues.
951 (c) Interest earned on fund monies shall be deposited into the fund.
952 (2) Fund monies may be used to pay:
953 (a) costs as provided in Section 19-6-419 ; and
954 (b) for the administration of the fund and the environmental assurance program and fee
955 under Section 19-6-410.5 .
956 (3) Costs for the administration of the fund and the environmental assurance fee shall be
957 appropriated by the Legislature.
958 (4) The executive secretary may expend monies from the fund for:

959 (a) legal and claims adjusting costs incurred by the state in connection with claims,
960 judgments, awards, or settlements for bodily injury or property damage to third parties;
961 (b) costs incurred by the state risk manager in determining the actuarial soundness of the
962 fund; and
963 (c) other costs as provided in this part.
964 (5) For fiscal year 1997-98, money in the Petroleum Storage Tank Trust Fund, up to a
965 maximum of $2,200,000, may be appropriated by the Legislature to the department as nonlapsing
966 funds to be applied to the costs of investigation, abatement, and corrective action regarding
967 releases not covered by the fund and not on the national priority list as defined in Section
968 19-6-302 .
969 (6) The Legislature may appropriate $2,000,000 for fiscal year 1998-99 from the
970 Petroleum Storage Tank Trust Fund to the Petroleum Storage Tank Cleanup Fund created in
971 Section 19-6-405.7 .
972 (7) For fiscal year 1998-99, up to $5,000,000 in the Petroleum Storage Tank Fund carried
973 forward to the Petroleum Storage Tank Trust Fund may be appropriated by the Legislature to the
974 Centennial Highway [Trust] Fund created under Section 72-2-118 .
975 Section 19. Section 19-6-416 is amended to read:
976 19-6-416. Restrictions on delivery of petroleum -- Civil penalty.
977 (1) After July 1, 1991, a person may not deliver petroleum to, place petroleum in, or accept
978 petroleum for placement in a petroleum storage tank that is not identified in compliance with
979 Subsection 19-6-411 [(8)](7).
980 (2) Any person who delivers or accepts delivery of petroleum to a petroleum storage tank
981 or places petroleum, including waste petroleum substances, in an underground storage tank in
982 violation of Subsection (1) is subject to a civil penalty of not more than $500 for each occurrence.
983 (3) The executive secretary shall issue a notice of agency action assessing a civil penalty
984 of not more than $500 against any person who delivers or accepts delivery of petroleum to a
985 petroleum storage tank or places petroleum, including waste petroleum substances, in violation of
986 Subsection (1) in a petroleum storage tank or underground storage tank.
987 (4) A civil penalty may not be assessed under this section against any person who in good
988 faith delivers or places petroleum in a petroleum storage tank or underground storage tank that is
989 identified in compliance with Subsection 19-6-411 [(8)](7) and rules made under that subsection,

990 whether or not the tank is in actual compliance with the other requirements of Section 19-6-411 .
991 Section 20. Section 19-8-113 is amended to read:
992 19-8-113. Applicant's release from liability.
993 (1) (a) An applicant who is not responsible for the contaminant or contamination under
994 the provisions listed in Subsection (1)(b) at the time the applicant applies to enter into a voluntary
995 cleanup agreement under this chapter, is released by issuance of a certificate of completion under
996 Section 19-8-111 from all liability to the state for cleanup of property covered by the certificate,
997 except for any releases or consequences the applicant causes.
998 (b) Provisions referred to in Subsection (1)(a) are: Title 19, Chapter 5, [Part 1,] Water
999 Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter 6, Part
1000 3, Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4, Underground Storage Tank
1001 Act.
1002 (2) There is no release from liability under this chapter if a certificate of completion is
1003 obtained by fraud, misrepresentation, or the knowing failure to disclose material information.
1004 (3) (a) After a certificate of completion is issued under this chapter, an owner who then
1005 acquires property covered by the certificate, or a lender who then makes a loan secured by property
1006 covered by the certificate, is released from all liability to the state regarding property covered by
1007 the certificate for cleanup of contamination released before the date of the certificate, except under
1008 Subsection (3)(b).
1009 (b) A release of liability under Subsection (3)(a) is not available to an owner or lender
1010 under Subsection (3)(a) who:
1011 (i) was originally responsible for a release or contamination under Title 19, Chapter 5,
1012 [Part 1,] Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19,
1013 Chapter 6, Part 3, Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4,
1014 Underground Storage Tank Act;
1015 (ii) changes the land use from the use specified in the certificate of completion if the
1016 changed use or uses may reasonably be expected to result in increased risks to human health or the
1017 environment; or
1018 (iii) causes further releases on the property covered by the certification.
1019 (c) A release under this Subsection (3) is subject to the limitations of Subsection (2).
1020 Section 21. Section 20A-1-102 is amended to read:

1021 20A-1-102. Definitions.
1022 As used in this title:
1023 (1) "Active voter" means a registered voter who has not been classified as an inactive voter
1024 by the county clerk.
1025 (2) "Automatic tabulating equipment" means apparatus that automatically examines and
1026 counts votes recorded on paper ballots or ballot cards and tabulates the results.
1027 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
1028 votes and includes ballot cards, paper ballots, and secrecy envelopes.
1029 (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
1030 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
1031 the names of offices and candidates and statements of ballot propositions to be voted on and which
1032 are used in conjunction with ballot cards.
1033 (6) "Ballot proposition" means constitutional amendments, initiatives, referenda, judicial
1034 retention questions, opinion questions, and other questions submitted to the voters for their
1035 approval or rejection.
1036 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
1037 20A-4-306 to canvass election returns.
1038 [(9)] (8) "Bond election" means an election held for the sole purpose of approving or
1039 rejecting the proposed issuance of bonds by a government entity.
1040 [(8)] (9) "Book voter registration form" means voter registration forms contained in a
1041 bound book that are used by election officers and registration agents to register persons to vote.
1042 (10) "By-mail voter registration form" means a voter registration form designed to be
1043 completed by the voter and mailed to the election officer.
1044 (11) "Canvass" means the review of election returns and the official declaration of election
1045 results by the board of canvassers.
1046 (12) "Canvassing judge" means an election judge designated to assist in counting ballots
1047 at the canvass.
1048 (13) "Convention" means the political party convention at which party officers and
1049 delegates are selected.
1050 (14) "Counting center" means one or more locations selected by the election officer in
1051 charge of the election for the automatic counting of ballots.

1052 (15) "Counting judge" means a judge designated to count the ballots during election day.
1053 (16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201
1054 to witness the counting of ballots.
1055 (17) "Counting room" means a suitable and convenient private place or room, immediately
1056 adjoining the place where the election is being held, for use by the counting judges to count ballots
1057 during election day.
1058 (18) "County executive" means:
1059 (a) the county commission in the traditional form of government established by Section
1060 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
1061 (b) the county executive in the county executive and chief administrative officer-council
1062 optional form of government authorized by Section 17-35a-501 ;
1063 (c) the county executive in the county executive-council optional form of government
1064 authorized by Section 17-35a-502 ;
1065 (d) the county council in the council-manager optional form of government authorized by
1066 Section 17-35a-503 ; and
1067 (e) the county council in the council-county administrative officer optional form of
1068 government authorized by Section 17-35a-504 .
1069 (19) "County legislative body" means:
1070 (a) the county commission in the traditional form of government established by Section
1071 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
1072 (b) the county council in the county executive and chief administrative officer-council
1073 optional form of government authorized by Section 17-35a-501 ;
1074 (c) the county council in the county executive-council optional form of government
1075 authorized by Section 17-35a-502 ;
1076 (d) the county council in the council-manager optional form of government authorized by
1077 Section 17-35a-503 ; and
1078 (e) the county council in the council-county administrative officer optional form of
1079 government authorized by Section 17-35a-504 .
1080 (20) "County officers" means those county officers that are required by law to be elected.
1081 (21) "Election" means a regular general election, a municipal general election, a statewide
1082 special election, a local special election, a regular primary election, a municipal primary election,

1083 and a special district election.
1084 (22) "Election cycle" means the period beginning on the first day persons are eligible to
1085 file declarations of candidacy and ending when the canvass is completed.
1086 (23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
1087 (24) "Election officer" means:
1088 (a) the lieutenant governor, for all statewide ballots;
1089 (b) the county clerk or clerks for all county ballots and for certain special district and
1090 school district ballots as provided in Section 20A-5-400.5 ;
1091 (c) the municipal clerk for all municipal ballots and for certain special district and school
1092 district ballots as provided in Section 20A-5-400.5 ; and
1093 (d) the special district clerk or chief executive officer for all special district ballots that are
1094 not part of a statewide, county, or municipal ballot.
1095 (25) "Election official" means any election officer, election judge, or satellite registrar.
1096 (26) "Election returns" includes the pollbook, all affidavits of registration, the military and
1097 overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
1098 absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
1099 ballot disposition form, and the total votes cast form.
1100 (27) "Electronic voting system" means a system in which a voting device is used in
1101 conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
1102 tabulating equipment.
1103 (28) "Inactive voter" means a registered voter who has been sent the notice required by
1104 Section 20A-2-306 and who has failed to respond to that notice.
1105 (29) "Inspecting poll watcher" means a person selected as provided in this title to witness
1106 the receipt and safe deposit of voted and counted ballots.
1107 (30) "Judicial office" means the office filled by any judicial officer.
1108 (31) "Judicial officer" means any justice or judge of a court of record or any county court
1109 judge.
1110 (32) "Local election" means a regular municipal election, a local special election, a special
1111 district election, and a bond election.
1112 (33) "Local political subdivision" means a county, a municipality, a special district, or a
1113 local school district.

1114 (34) "Local special election" means a special election called by the governing body of a
1115 local political subdivision in which all registered voters of the local political subdivision may vote.
1116 (35) "Municipal executive" means:
1117 (a) the city commission, city council, or town council in the traditional management
1118 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
1119 (b) the mayor in the council-mayor optional form of government defined in Section
1120 10-3-1209 ; and
1121 (c) the manager in the council-manager optional form of government defined in Section
1122 10-3-1209 .
1123 (36) "Municipal general election" means the election held in municipalities and special
1124 districts on the first Tuesday after the first Monday in November of each odd-numbered year for
1125 the purposes established in Section 20A-1-202 .
1126 (37) "Municipal legislative body" means:
1127 (a) the city commission, city council, or town council in the traditional management
1128 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
1129 (b) the municipal council in the council-mayor optional form of government defined in
1130 Section 10-3-1209 ; and
1131 (c) the municipal council in the council-manager optional form of government defined in
1132 Section 10-3-1209 .
1133 (38) "Municipal officers" means those municipal officers that are required by law to be
1134 elected.
1135 (39) "Municipal primary election" means an election held to nominate candidates for
1136 municipal office.
1137 (40) "Official ballot" means the ballots distributed by the election officer to the election
1138 judges to be given to voters to record their votes.
1139 (41) "Official endorsement" means:
1140 (a) the information on the ballot that identifies:
1141 (i) the ballot as an official ballot;
1142 (ii) the date of the election; and
1143 (iii) the facsimile signature of the election officer; and
1144 (b) the information on the ballot stub that identifies:

1145 (i) the election judge's initials; and
1146 (ii) the ballot number.
1147 (42) "Official register" means the book furnished election officials by the election officer
1148 that contains the information required by Section 20A-5-401 .
1149 (43) "Paper ballot" means a paper that contains:
1150 (a) the names of offices and candidates and statements of ballot propositions to be voted
1151 on; and
1152 (b) spaces for the voter to record his vote for each office and for or against each ballot
1153 proposition.
1154 (44) "Political party" means an organization of registered voters that has qualified to
1155 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
1156 Formation and Procedures.
1157 (45) "Polling place" means the building where residents of a voting precinct vote.
1158 (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
1159 which the voter marks his choice.
1160 (47) "Posting list" means a list of registered voters within a voting precinct.
1161 (48) "Primary convention" means the political party conventions at which nominees for
1162 the regular primary election are selected.
1163 (49) "Protective counter" means a separate counter, which cannot be reset, that is built into
1164 a voting machine and records the total number of movements of the operating lever.
1165 (50) "Qualify" or "qualified" means to take the oath of office and begin performing the
1166 duties of the position for which the person was elected.
1167 (51) "Receiving judge" means the election judge that checks the voter's name in the official
1168 register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
1169 has voted.
1170 (52) "Registration days" means the days designated in Section 20A-2-203 when a voter
1171 may register to vote with a satellite registrar.
1172 (53) "Registration form" means a book voter registration form and a by-mail voter
1173 registration form.
1174 (54) "Regular general election" means the election held throughout the state on the first
1175 Tuesday after the first Monday in November of each even-numbered year for the purposes

1176 established in Section 20A-1-201 .
1177 (55) "Regular primary election" means the election on the fourth Tuesday of June of each
1178 even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
1179 nomination.
1180 (56) "Resident" means a person who resides within a specific voting precinct in Utah.
1181 (57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
1182 distributed as provided in Section 20A-5-405 .
1183 (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
1184 voters and perform other duties.
1185 (59) "Scratch vote" means to mark or punch the straight party ticket and then mark or
1186 punch the ballot for one or more candidates who are members of different political parties.
1187 (60) "Secrecy envelope" means the envelope given to a voter along with the ballot into
1188 which the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's
1189 vote.
1190 [(62)] (61) "Special district" means those local government entities created under the
1191 authority of Title 17A.
1192 [(61)] (62) "Special election" means an election held as authorized by Section 20A-1-204 .
1193 (63) "Special district officers" means those special district officers that are required by law
1194 to be elected.
1195 (64) "Spoiled ballot" means each ballot that:
1196 (a) is spoiled by the voter;
1197 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
1198 (c) lacks the official endorsement.
1199 (65) "Statewide special election" means a special election called by the governor or the
1200 Legislature in which all registered voters in Utah may vote.
1201 (66) "Stub" means the detachable part of each ballot.
1202 (67) "Substitute ballots" means replacement ballots provided by an election officer to the
1203 election judges when the official ballots are lost or stolen.
1204 (68) "Ticket" means each list of candidates for each political party or for each group of
1205 petitioners.
1206 (69) "Transfer case" means the sealed box used to transport voted ballots to the counting

1207 center.
1208 (70) "Vacancy" means the absence of a person to serve in any position created by statute,
1209 whether that absence occurs because of death, disability, disqualification, resignation, or other
1210 cause.
1211 (71) "Valid write-in candidate" means a candidate who has qualified as a write-in
1212 candidate by following the procedures and requirements of this title.
1213 (72) "Voter" means a person who meets the requirements of election registration and is
1214 registered and is listed in the official register book.
1215 (73) "Voting area" means the area within six feet of the voting booths, voting machines,
1216 and ballot box.
1217 (74) "Voting booth" means the space or compartment within a polling place that is
1218 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
1219 (75) "Voting device" means:
1220 (a) an apparatus in which ballot cards are used in connection with a punch device for
1221 piercing the ballots by the voter;
1222 (b) a device for marking the ballots with ink or another substance; or
1223 (c) any other method for recording votes on ballots so that the ballot may be tabulated by
1224 means of automatic tabulating equipment.
1225 (76) "Voting machine" means a machine designed for the sole purpose of recording and
1226 tabulating votes cast by voters at an election.
1227 (77) "Voting poll watcher" means a person appointed as provided in this title to witness
1228 the distribution of ballots and the voting process.
1229 (78) "Voting precinct" means the smallest voting unit established as provided by law
1230 within which qualified voters vote at one polling place.
1231 (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting
1232 poll watcher.
1233 (80) "Write-in ballot" means a ballot containing any write-in votes.
1234 (81) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
1235 according to the procedures established in this title.
1236 Section 22. Section 20A-4-106 is amended to read:
1237 20A-4-106. Paper ballots -- Sealing.

1238 (1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read and
1239 tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate strings.
1240 (ii) After the ballots are strung, they may not be examined by anyone, except when
1241 examined during a recount conducted under the authority of Section 20A-4-401 .
1242 (b) The judges shall carefully seal all of the strung ballots in a strong envelope.
1243 (2) (a) For regular primary elections, after all the ballots have been counted, certified to,
1244 and strung by the judges, they shall seal the ballots cast for each of the parties in separate
1245 envelopes.
1246 (b) The judges shall:
1247 (i) seal each of the envelopes containing the votes of each of the political parties in one
1248 large envelope; and
1249 (ii) return that envelope to the county clerk.
1250 (c) The judges shall:
1251 (i) destroy the ballots in the blank ballot box; or
1252 (ii) if directed to do so by the election officer, return them to the election officer for
1253 destruction.
1254 (3) As soon as the judges have counted all the votes and sealed the ballots they shall sign
1255 and certify the pollbooks.
1256 (4) (a) [Except as provided in Subsection (c), the] The judges, before they adjourn, shall:
1257 (i) enclose and seal the official register, the posting book, the pollbook, all affidavits of
1258 registration received by them, the ballot disposition form, the military and overseas absentee voter
1259 registration and voting certificates, one of the tally sheets, and any unprocessed absentee ballots
1260 in a strong envelope or pouch;
1261 (ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been
1262 strung and placed in a separate envelope or pouch as required by Subsection (1);
1263 (iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
1264 disposition form in a separate envelope or pouch; and
1265 (iv) place the total votes cast form and the judges' vouchers requesting compensation for
1266 services rendered in a separate pouch.
1267 (b) Before enclosing the official register in the envelope or pouch, the election judges shall
1268 certify it substantially as follows:

1269 "We, the undersigned, judges of election for precinct _______, (jurisdiction) _______,
1270 Utah, certify that the required entries have been made for the election held _______, 19__,
1271 including:
1272 a list of the ballot numbers for each voter;
1273 the voters' signatures, except where a judge has signed for the absentee voters;
1274 a list of information surrounding a voter who is challenged,
1275 including any affidavits; and
1276 a notation for each time a voter was assisted with a ballot."
1277 (5) Each judge shall:
1278 (a) write his name across the seal of each envelope or pouch;
1279 (b) mark on the exterior of the envelope or pouch:
1280 (i) the word "ballots" or "returns" or "unused ballots," or other words plainly indicating
1281 the contents of the packages; and
1282 (ii) the number of the voting precinct.
1283 Section 23. Section 20A-7-209 is amended to read:
1284 20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
1285 Research and General Counsel.
1286 (1) By July 6 before the regular general election, the lieutenant governor shall deliver a
1287 copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
1288 Research and General Counsel.
1289 (2) (a) The Office of Legislative Research and General Counsel shall:
1290 (i) prepare a ballot title for each initiative; and
1291 (ii) return each petition and ballot title to the lieutenant governor by July 20.
1292 (b) The ballot title may be distinct from the title of the proposed law attached to the
1293 initiative petition, and shall express, in not more than 100 words, the purpose of the measure.
1294 (c) The ballot title and the number of the measure as determined by the Office of
1295 Legislative Research and General Counsel shall be printed on the official ballot.
1296 (d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
1297 to the best of its ability, give a true and impartial statement of the purpose of the measure.
1298 (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for
1299 or against the measure.

1300 (3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any sponsor
1301 of the petition.
1302 (4) (a) If the ballot title furnished by the Office of Legislative Research and General
1303 Counsel is unsatisfactory or does not comply with the requirements of this section, at least three
1304 of the sponsors of the petition may, by July 30, appeal the wording of the ballot title prepared by
1305 [of] the Office of Legislative Research and General Counsel to the supreme court.
1306 (b) The supreme court shall:
1307 (i) examine the ballot title;
1308 (ii) hear arguments; and
1309 (iii) by August 10, certify to the lieutenant governor a ballot title for the measure that
1310 fulfills the intent of this section.
1311 (c) By September 1, the lieutenant governor shall certify the title verified to him by the
1312 supreme court to the county clerks to be printed on the official ballot.
1313 Section 24. Section 20A-11-1201 is amended to read:
1314 20A-11-1201. Title.
1315 This [chapter] part is known as the "Political Activities of Public Entities Act."
1316 Section 25. Section 20A-14-201 is amended to read:
1317 20A-14-201. Boards of education -- School board districts -- Creation --
1318 Reapportionment.
1319 (1) (a) The county legislative body, for local school districts whose boundaries encompass
1320 more than a single municipality, and the municipal legislative body, for school districts contained
1321 completely within a municipality, shall divide the local school district into local school board
1322 districts as required under Subsection 20A-14-202 (1)(a).
1323 (b) The county and municipal legislative bodies shall divide the school district so that the
1324 local school board districts are substantially equal in population and are as contiguous and compact
1325 as practicable.
1326 (2) (a) County and municipal legislative bodies shall reapportion district boundaries to
1327 meet the population, compactness, and contiguity requirements of this section:
1328 (i) at least once every ten years;
1329 (ii) whenever a new district is created;
1330 (iii) whenever districts are consolidated;

1331 (iv) whenever a district loses more than 20% of the population of the entire school district
1332 to another district;
1333 (v) whenever a district loses more than 50% of the population of a local school board
1334 district to another district; and
1335 (vi) whenever a district receives new residents equal to at least 20% of the population of
1336 the district at the time of the last reapportionment because of a transfer of territory from another
1337 district.
1338 (b) If a school district receives territory containing less than 20% of the population of the
1339 transferee district at the time of the last reapportionment, the local school board may assign the
1340 new territory to one or more existing school board districts.
1341 (3) (a) Reapportionment does not affect the right of any school board member to complete
1342 the term for which the member was elected.
1343 (b) (i) After reapportionment, representation in a local school board district shall be
1344 determined as provided in Subsection (3).
1345 (ii) If only one board member whose term extends beyond reapportionment lives within
1346 a reapportioned local school board district, that board member shall represent that local school
1347 board district.
1348 (iii) (A) If two or more members whose terms extend beyond reapportionment live within
1349 a reapportioned local school board district, the members involved shall select one member by lot
1350 to represent the local school board district.
1351 (B) The other members shall serve at-large for the remainder of their terms.
1352 (C) The at-large board members shall serve in addition to the designated number of board
1353 members for the board in question for the remainder of their terms.
1354 (iv) If there is no board member living within a local school board district whose term
1355 extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in this
1356 part.
1357 (4) (a) If, before an election affected by reapportionment, the county or municipal
1358 legislative body that conducted the reapportionment determines that one or more members must
1359 be elected to terms of two years to meet this part's requirements for staggered terms, the legislative
1360 body shall determine by lot which of the reapportioned local school board districts will elect
1361 members to two-year terms and which will elect members to four-year terms.

1362 (b) All subsequent elections are for four-year terms.
1363 Section 26. Section 26-6b-3 is amended to read:
1364 26-6b-3. Temporary involuntary treatment, isolation, and quarantine.
1365 (1) The department, or the local health department having jurisdiction over the location
1366 where an individual who is subject to supervision is found, may issue an order for the individual's
1367 temporary involuntary treatment, quarantine, or isolation pursuant to Subsection 26-1-30 (2),
1368 26A-1-114 (1)(b), or Section 26-6-4 upon compliance with the requirements of this section.
1369 (2) An individual who is subject to supervision who willfully fails to voluntarily submit
1370 to treatment, quarantine, or isolation as requested by the department or the local health department
1371 may be ordered to submit to treatment, quarantine, or isolation upon:
1372 (a) written affidavit of the department or the local health department stating:
1373 (i) a belief that the individual who is subject to supervision is likely to fail to submit to
1374 treatment, quarantine, or isolation if not immediately restrained;
1375 (ii) this failure would pose a threat to the public health; and
1376 (iii) the personal knowledge of the individual's condition or the circumstances that lead
1377 to that belief; and
1378 (b) a written statement by a licensed physician indicating the physician finds the individual
1379 is subject to supervision.
1380 (3) A temporary order issued under Subsection (1) may:
1381 (a) be made by the department or by the local health department;
1382 (b) order the individual to submit to reasonable involuntary treatment, quarantine, and
1383 isolation, or any of these; and
1384 (c) not require an individual to be subject to involuntarily quarantine, isolation, or
1385 treatment for more than five days, excluding Saturdays, Sundays, and legal holidays, unless a
1386 petition has been filed with the district court pursuant to Section [ 26-6b-4 ] 26-6b-5 .
1387 (4) (a) Pending issuance of an examination order pursuant to Section 26-6b-5 or an order
1388 for involuntary quarantine, isolation, or treatment from a district court pursuant to Section 26-6b-6 ,
1389 the individual who is the subject of the temporary order may be required to submit to involuntary
1390 quarantine, isolation, or treatment in his home, a hospital, or any other suitable facility under
1391 reasonable conditions prescribed by the department or the local health department.
1392 (b) The department or the local health department, whichever initially ordered the

1393 quarantine, isolation, or treatment, shall take reasonable measures, including the provision of
1394 medical care, as may be necessary to assure proper care related to the reason for the involuntary
1395 treatment, isolation, or quarantine of an individual ordered to submit to involuntary treatment,
1396 isolation, or quarantine.
1397 (5) The individual who is subject to supervision shall be served a copy of the temporary
1398 order, together with the affidavit and the physician's written statement, upon being taken into
1399 custody. A copy shall also be maintained at the place of quarantine, isolation, or treatment.
1400 Section 27. Section 26-6b-6 is amended to read:
1401 26-6b-6. Court determination for involuntary supervision after examination period.
1402 (1) The district court shall set a hearing regarding the involuntary quarantine, isolation, and
1403 treatment of an individual, to be held within ten business days of the issuance of its examination
1404 order issued pursuant to Section 26-6b-5 , unless the petitioner informs the district court prior to
1405 this hearing that the individual:
1406 (a) is not subject to supervision;
1407 (b) has stipulated to the issuance of an order for involuntary quarantine, isolation, or
1408 treatment; or
1409 (c) has agreed that quarantine, isolation, or treatment are available and acceptable without
1410 court proceedings.
1411 (2) (a) If the individual is not subject to supervision, or if quarantine, isolation, or
1412 treatment are available and acceptable to the individual without court proceedings, the court may,
1413 without taking any further action, terminate the proceedings and dismiss the petition.
1414 (b) If the individual has stipulated to the issuance of an order for involuntary quarantine,
1415 isolation, or treatment, the court may issue an order as provided in Subsection [(5)] (6) without
1416 further hearing.
1417 (3) (a) If the examination report required in Section 26-6b-5 proves the individual is not
1418 subject to supervision, the court may without further hearing terminate the proceedings and dismiss
1419 the petition.
1420 (b) The court may, after a hearing at which the individual is present in person or by
1421 telephonic means and has had the opportunity to be represented by counsel, extend its examination
1422 order for a reasonable period, not to exceed 90 days, if the petitioner has reason to believe the
1423 individual:

1424 (i) is contaminated with a chemical or biological agent that is a threat to the public health;
1425 or
1426 (ii) is in a condition, the exposure to which poses a serious public health hazard, but
1427 despite the exercise of reasonable diligence the diagnostic studies have not been completed.
1428 (4) The petitioner shall, at the time of the hearing, provide the district court with the
1429 following items, to the extent that they have been issued or are otherwise available:
1430 (a) the temporary order issued by the petitioner;
1431 (b) admission notes if the individual was hospitalized; and
1432 (c) medical records pertaining to the current involuntary treatment, quarantine, or isolation.
1433 (5) The information provided to the court under Subsection (4) shall also be provided to
1434 the individual's counsel at the time of the hearing, and at any time prior to the hearing upon request
1435 of counsel.
1436 (6) (a) The district court shall order the individual to submit to involuntary treatment,
1437 quarantine, or isolation if, upon completion of the hearing and consideration of the record, it finds
1438 by clear and convincing evidence that:
1439 (i) the individual is infected with a communicable disease, is contaminated with a chemical
1440 or biological agent, is in a condition, the exposure to which poses a serious public health hazard,
1441 or is in a condition which if treatment is not completed the individual will soon pose a serious
1442 public health hazard;
1443 (ii) there is no appropriate and less restrictive alternative to a court order of quarantine,
1444 isolation, and treatment, or any of them;
1445 (iii) the petitioner can provide the individual with treatment that is adequate and
1446 appropriate to his conditions and needs; and
1447 (iv) it is in the public interest to order the individual to submit to involuntary quarantine,
1448 isolation, and treatment, or any of them.
1449 (b) If upon completion of the hearing the court does not find all of the conditions listed in
1450 Subsection (6)(a) exist, the court shall immediately dismiss the petition.
1451 (7) The order of involuntary treatment, quarantine, or isolation shall designate the period,
1452 subject to Subsection (8), for which the individual shall be treated, isolated, or quarantined.
1453 (8) (a) The order of involuntary quarantine, isolation, or treatment may not exceed six
1454 months without benefit of a district court review hearing.

1455 (b) The district court review hearing shall be held prior to the expiration of the order issued
1456 under Subsection (7). At the review hearing the court may order involuntary quarantine, isolation,
1457 or treatment for up to an indeterminate period, if the district court enters a written finding in the
1458 record determining by clear and convincing evidence that the required conditions in Subsection
1459 (6) will continue for an indeterminate period.
1460 Section 28. Section 26-9-202 is amended to read:
1461 26-9-202. Definitions.
1462 As used in this part:
1463 (1) "Applicant" means a person who meets the application requirements established by the
1464 committee for a grant or a scholarship under this part.
1465 (2) "Committee" means the Rural Medical Financial Assistance Committee created by
1466 Section 26-1-7 .
1467 (3) "Educational expenses" are tuition, fees, books, supplies, educational equipment and
1468 material, and reasonable living expenses.
1469 (4) "Medically underserved rural area" means a county, city, town, or other service area
1470 with a population of less than 99 people per square mile and designated by the committee as
1471 underserved by physicians or physician assistants.
1472 (5) "Physician" means a person who:
1473 (a) has completed training at an educational institution that provides training leading to
1474 the award of a Medical Doctor or Doctor of Osteopathy degree and who has completed a
1475 post-graduate training program in medicine at an institution accredited by the Accreditation
1476 Committee on Graduate Medical Education, the American Osteopathic Association Bureau of
1477 Professional Education, or the Royal College of Physicians and Surgeons of Canada; and
1478 (b) is licensed to practice in the state under Title 58, Chapter [12, Part 1] 68, Utah
1479 Osteopathic [Medicine Licensing] Medical Practice Act, or under Title 58, Chapter [12, Part 5]
1480 67, Utah Medical Practice Act.
1481 (6) "Physician assistant" means a person who is graduated from a physician assistant
1482 program approved by the Committee on Allied Health Education and Accreditation of the
1483 American Medical Association and who is licensed to practice in the state under Title 58, Chapter
1484 [12, Part 9] 70a, Physician Assistant [Practice] Act.
1485 (7) "Recipient" means an applicant selected to receive a grant or a scholarship under this

1486 part.
1487 Section 29. Section 26-9d-1 is amended to read:
1488 26-9d-1. Definitions.
1489 As used in this chapter:
1490 (1) "Applicant" means a person who meets the application requirements established by the
1491 committee for a grant or a scholarship.
1492 (2) "Committee" means the Nurse Financial Assistance Committee created by Section
1493 26-1-7 .
1494 (3) "Educational expenses" means the cost of nursing education, including tuition, fees,
1495 books, supplies, educational equipment and materials, and reasonable living expenses.
1496 (4) "Educational loan" means a commercial, government, or government guaranteed loan
1497 taken to pay educational expenses.
1498 (5) "Graduate nursing education" means nursing education at a school of nursing that leads
1499 to a masters or doctorate degree in nursing or that leads to certification as a registered nurse
1500 anesthetist.
1501 (6) "Graduate-prepared nurse" means a nurse who has a masters or doctorate degree in
1502 nursing.
1503 (7) "Needed nursing specialty area" means an area of the nursing profession where there
1504 may be a shortage of qualified nurses, including nurses holding graduate degrees, nurse educators,
1505 and other specific areas as determined by the committee pursuant to this chapter.
1506 (8) "Nurse" means a person licensed to practice nursing in the state under Title 58, Chapter
1507 [31] 31b, Nurse Practice Act.
1508 (9) "Nursing education" means a course of study designed to prepare persons for the
1509 practice of nursing as a licensed practical nurse, registered nurse, or a nurse licensed in a special
1510 category of practice under Title 58, Chapter [31] 31b, Nurse Practice Act.
1511 (10) "Nursing shortage area" means a geographic area deficient in nurses that meets the
1512 criteria established by the committee pursuant to this chapter.
1513 (11) "Recipient" means an applicant selected to receive a grant or a scholarship under this
1514 chapter.
1515 (12) "School of nursing" means an educational institution that provides a program of
1516 nursing education:

1517 (a) approved by Utah or the state where the school of nursing is located; or
1518 (b) accredited by the National League of Nursing.
1519 (13) "Statewide Deans and Directors Committee" means a committee created by deans and
1520 directors representing schools of nursing from throughout the state.
1521 Section 30. Section 26-9d-5 is amended to read:
1522 26-9d-5. Loan repayment grants -- Terms and amounts -- Service.
1523 (1) (a) To increase the number of nurses practicing in nursing shortage areas of the state,
1524 the department may provide grants to persons in exchange for their agreement to practice nursing
1525 for a specified period of time in nursing shortage areas in the state.
1526 (b) Grants may be given only to repay loans taken by a nurse for educational expenses
1527 incurred while attending a school of nursing.
1528 (2) Grants given to nurses under this section may not:
1529 (a) be used to satisfy other service obligations owed by the nurse under any similar
1530 program and may not be used to repay a loan that is in default at the time of application; or
1531 (b) be in an amount greater than the total outstanding balance on the loans taken for
1532 educational expenses, including accrued interest.
1533 (3) Grants may be given to any of the following categories of nurses:
1534 (a) registered nurses;
1535 (b) graduate-prepared nurses;
1536 (c) nurses licensed in a special category of practice under Title 58, Chapter [31] 31b; and
1537 (d) licensed practical nurses.
1538 (4) If there are sufficient qualified applicants who desire to practice in nursing shortage
1539 areas in rural areas of the state, at least 20% of the grant money shall be given to recipients who
1540 agree to practice in a rural nursing shortage area.
1541 (5) The department may not disburse any grant funds under this chapter until the recipient
1542 has performed at least six months of full-time service at the designated nursing shortage area.
1543 Section 31. Section 26-21-3 is amended to read:
1544 26-21-3. Health Facility Committee -- Members -- Terms -- Organization -- Meetings.
1545 (1) The Health Facility Committee created by Section 26-1-7 consists of 13 members
1546 appointed by the governor with the consent of the senate. No more than seven members may be
1547 from the same political party. The appointed members shall be knowledgeable about health care

1548 facilities and issues. The membership of the committee is:
1549 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
1550 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who
1551 is a graduate of a regularly chartered medical school;
1552 (b) one hospital administrator;
1553 (c) one hospital trustee;
1554 (d) one representative of the nursing care facility industry;
1555 (e) one registered nurse, licensed to practice under Title 58, Chapter [31] 31b, Nurse
1556 Practice Act;
1557 (f) one professional in the field of mental retardation not affiliated with a nursing care
1558 facility;
1559 (g) one licensed architect or engineer with expertise in health care facilities;
1560 (h) two representatives of health care facilities, other than nursing care facilities or
1561 hospitals, licensed under this chapter; and
1562 (i) four consumers, one of whom has an interest in or expertise in geriatric care.
1563 (2) (a) Except as required by Subsection (b), members shall be appointed for a term of four
1564 years.
1565 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
1566 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
1567 members are staggered so that approximately half of the committee is appointed every two years.
1568 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1569 appointed for the unexpired term by the governor, giving consideration to recommendations made
1570 by the committee, with the consent of the Senate.
1571 (d) A member may not serve more than two consecutive full terms or ten consecutive years,
1572 whichever is less. However, a member may continue to serve as a member until he is replaced.
1573 (e) The committee shall annually elect from its membership a chair and vice chair.
1574 (f) The committee shall meet at least quarterly, or more frequently as determined by the
1575 chair or five members of the committee.
1576 (g) Seven members constitute a quorum. A vote of the majority of the members present
1577 constitutes action of the committee.
1578 Section 32. Section 26-28-2 is amended to read:

1579 26-28-2. Definitions.
1580 As used in this chapter:
1581 (1) "Anatomical gift" means the giving of permission for a person authorized in this
1582 chapter to remove parts of the human body as limited in the document of gift after death of the
1583 human body and use them for the purposes listed in Subsection 26-28-3 (1).
1584 (2) "Decedent" means a deceased individual and includes a stillborn infant or fetus.
1585 (3) "Document of gift" means a card, a will, or other writing used to make an anatomical
1586 gift in compliance with this chapter.
1587 (4) "Donor" means an individual who, prior to his death, executes a document of gift
1588 concerning all or part of his own body.
1589 (5) "Evidence of a document of gift" means a statement attached to or imprinted on any
1590 license to operate a motor vehicle or any other writing expressing a desire to make an anatomical
1591 gift or giving evidence of the existence of a document of gift.
1592 (6) "Hospital" means a general acute hospital facility licensed in accordance with Title 26,
1593 Chapter 21, Health Care Facility [Licensure] Licensing and Inspection Act, or by the United States
1594 government.
1595 (7) "Part" means an organ, tissue, eye, bone, blood vessel, blood, fluid, or other portion
1596 of a human body.
1597 (8) "Physician" means a person licensed to practice medicine under Title 58, Chapter [12,
1598 Part 1] 68, Utah Osteopathic [Medicine Licensing] Medical Practice Act, or under Title 58,
1599 Chapter [12, Part 5] 67, Utah Medical Practice Act, or a person similarly licensed in any state.
1600 (9) "Procurement entity" means:
1601 (a) an organization recognized by the United States Department of Health and Human
1602 Services as meeting the requirements of 42 U.S.C. Section 273; or
1603 (b) a hospital, medical school, physician, eye bank, or tissue bank.
1604 (10) "Technician" means a person certified by the American Association of Tissue Banks
1605 as a certified tissue bank specialist.
1606 Section 33. Section 26-32a-103.5 is amended to read:
1607 26-32a-103.5. Restrictions on landfilling of tires -- Penalties.
1608 (1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
1609 dispose of more than four whole tires at one time in a landfill or any other location in the state

1610 authorized by the executive secretary to receive waste tires, except for purposes authorized by
1611 board rule. Rules implementing this provision shall be made on or before January 1, 1994.
1612 (b) Tires are exempt from this subsection if the original tire:
1613 (i) is from any device moved exclusively by human power; or
1614 (ii) has a rim diameter greater than 24.5 inches.
1615 (2) When possible, the operator of the landfill or other authorized location shall direct that
1616 the waste tires be disposed in a designated area to facilitate retrieval if a market becomes available
1617 for the disposed waste tires or material derived from waste tires.
1618 (3) An individual, including a waste tire transporter, may dispose of shredded waste tires
1619 in a landfill in accordance with Section 26-32a-107.8 , and may also, without reimbursement,
1620 dispose in a landfill materials derived from waste tires that do not qualify for reimbursement under
1621 Section 26-32a-107.8 , but the landfill shall dispose of the material in accordance with Section
1622 [ 25-32a-107.8 ] 26-32a-107.8 .
1623 (4) (a) An individual, including a waste tire transporter, violating this section is subject
1624 to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per amount
1625 of materials equivalent to one tire disposed of in violation of this section. A warning notice may
1626 be issued prior to taking further enforcement action under this subsection.
1627 (b) A civil proceeding to enforce this section and collect penalties under this section may
1628 be brought in the district court where the violation occurred by the board, the local health
1629 department, or the county attorney having jurisdiction over the location where the tires were
1630 disposed in violation of this section.
1631 (c) Penalties collected under this section shall be deposited in the trust fund.
1632 Section 34. Section 26-32a-107 is amended to read:
1633 26-32a-107. Partial reimbursement.
1634 (1) (a) Any recycler who on or after the effective date of this act uses waste tires or
1635 materials derived from waste tires that meet requirements of Subsection (4) and used exclusively
1636 for energy recovery or creation of ultimate products may submit an application under Section
1637 26-32a-108 to the local health department having jurisdiction over the applicant's business address
1638 for partial reimbursement of the cost of transporting and processing.
1639 (b) A recycler who recycles, at an out-of-state location, tires that are generated within the
1640 state shall apply to the executive secretary for partial reimbursement, rather than to a local health

1641 department.
1642 (c) A recycler who qualifies under this section for partial reimbursement may waive the
1643 reimbursement and request in writing that the reimbursement be paid to a person who processes
1644 the waste tires prior to the recycler's receipt of the waste tires or his receipt of materials derived
1645 from the waste tires for recycling.
1646 (2) Subject to the limitations in Section 26-32a-111 , a recycler is entitled to $70 as partial
1647 reimbursement for each ton of tires recycled on and after the effective date of this act.
1648 (3) (a) In order for a recycler within the state to be eligible for partial reimbursement, the
1649 recycler shall establish in cooperation with tire retailers or transporters, or with both, a reasonable
1650 schedule to remove waste tires in sufficient quantities to allow for economic transportation of
1651 waste tires located in any municipality within the state as defined in Section 10-1-104 .
1652 (b) A recycler complying with Subsection (3)(a) may also receive partial reimbursement
1653 for recycling tires received from locations other than those associated with retail tire businesses,
1654 including waste tires from waste tire piles and abandoned waste tire piles, under Section
1655 26-32a-107.5 .
1656 (4) A recycler under Subsection (1) shall also demonstrate the waste tires or materials
1657 derived from waste tires that qualify for the reimbursement:
1658 (a) (i) were removed and transported by a registered tire transporter, a registered recycler,
1659 or a person under Subsection 26-32a-103 [(20)](24)(c); or
1660 (ii) were generated by a private person who is not a waste tire transporter as defined in
1661 Section 26-32a-103 , and that person brings the waste tires to the recycler; and
1662 (b) were generated in the state; and
1663 (c) if the tires are from a waste tire pile or abandoned waste tire pile, the recycler complies
1664 with the applicable provisions of Section 26-32a-107.5 .
1665 Section 35. Section 26-33a-103 is amended to read:
1666 26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
1667 (1) The Health Data Committee created by Section 26-1-7 shall be composed of 13
1668 members appointed by the governor and confirmed by the Senate.
1669 (2) No more than seven members of the committee may be members of the same political
1670 party.
1671 (3) The appointed members of the committee shall be knowledgeable regarding the health

1672 care system and the characteristics and use of health data and shall be selected so that the
1673 committee at all times includes individuals who provide care.
1674 (4) The membership of the committee shall be:
1675 (a) one person employed by or otherwise associated with a hospital as defined by Section
1676 26-21-2 ;
1677 (b) one physician, as defined in Section 58-67-102 , licensed to practice in this state, who
1678 spends the majority of his time in the practice of medicine in this state;
1679 (c) one registered nurse licensed to practice in this state under Title 58, Chapter [31] 31b,
1680 Nurse Practice Act;
1681 (d) three persons employed by or otherwise associated with a business that supplies health
1682 care insurance to its employees, at least one of whom represents an employer employing 50 or
1683 fewer employees;
1684 (e) one person employed by or associated with a third-party payor that is not licensed under
1685 Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans;
1686 (f) two consumer representatives from organized consumer or employee associations;
1687 (g) one person broadly representative of the public interest;
1688 (h) one person employed by or associated with an organization that is licensed under Title
1689 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
1690 (i) two people representing public health.
1691 (5) (a) Except as required by Subsection (b), as terms of current committee members
1692 expire, the governor shall appoint each new member or reappointed member to a four-year term.
1693 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
1694 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
1695 members are staggered so that approximately half of the committee is appointed every two years.
1696 (c) Members may serve after their terms expire until replaced.
1697 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1698 appointed for the unexpired term.
1699 (7) Committee members shall annually elect a chair of the committee from among their
1700 membership.
1701 (8) The committee shall meet at least once during each calendar quarter. Meeting dates
1702 shall be set by the chair upon ten working days notice to the other members, or upon written

1703 request by at least four committee members with at least ten working days notice to other
1704 committee members.
1705 (9) Seven committee members constitute a quorum for the transaction of business. Action
1706 may not be taken except upon the affirmative vote of a majority of a quorum of the committee.
1707 (10) (a) (i) Members who are not government employees shall receive no compensation
1708 or benefits for their services, but may receive per diem and expenses incurred in the performance
1709 of the member's official duties at the rates established by the Division of Finance under Sections
1710 63A-3-106 and 63A-3-107 .
1711 (ii) Members may decline to receive per diem and expenses for their service.
1712 (b) (i) State government officer and employee members who do not receive salary, per
1713 diem, or expenses from their agency for their service may receive per diem and expenses incurred
1714 in the performance of their official duties from the committee at the rates established by the
1715 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
1716 (ii) State government officer and employee members may decline to receive per diem and
1717 expenses for their service.
1718 (11) All meetings of the committee shall be open to the public, except that the committee
1719 may hold a closed meeting if the requirements of Sections 52-4-4 and 52-4-5 are met.
1720 Section 36. Section 26-40-103 is amended to read:
1721 26-40-103. Creation and administration of the Utah Children's Health Insurance
1722 Program.
1723 (1) There is created the Utah Children's Health Insurance Program to be administered by
1724 the department in accordance with the provisions of:
1725 (a) this chapter; and
1726 (b) the State Children's Health Insurance Program, 42 U.S.C. Sec. [1397] 1397aa et seq.
1727 (2) The department shall:
1728 (a) prepare and submit the state's children's health insurance plan before May 1, 1998, and
1729 any amendments to the federal Department of Health and Human Services in accordance with 42
1730 U.S.C. Sec.1397ff; and
1731 (b) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
1732 Act regarding:
1733 (i) eligibility requirements;

1734 (ii) program benefits;
1735 (iii) the level of coverage for each program benefit;
1736 (iv) cost-sharing requirements for enrollees, which may not:
1737 (A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
1738 (B) impose deductible, copayment, or coinsurance requirements on an enrollee for
1739 well-child, well-baby, and immunizations;
1740 (v) the administration of the program; and
1741 (vi) the provider assessment, including:
1742 (A) the factor for the assessment;
1743 (B) the administration, collection, and enforcement of the assessment, including:
1744 (I) auditing a provider's records; and
1745 (II) imposing penalties for failure to pay the assessment as required; and
1746 (C) reducing the amount of the assessment to the extent funds are deposited into the
1747 Hospital Provider Assessment Account created in Section 26-40-112 as a result of private
1748 contributions to the program.
1749 (3) Before July 1, 2001, the Governor's Office of Planning and Budget shall study the
1750 effectiveness of the department's administration of the program and report any findings to:
1751 (a) the Health and Human Services Interim Committee of the Legislature;
1752 (b) the Health Policy Commission; and
1753 (c) the department.
1754 Section 37. Section 31A-2-104 is amended to read:
1755 31A-2-104. Other employees -- Insurance fraud investigators.
1756 (1) The department shall employ a chief examiner and such other professional, technical,
1757 and clerical employees as necessary to carry out the duties of the department.
1758 (2) An insurance fraud investigator employed pursuant to Subsection (1) may be
1759 designated a special function officer, as defined in Section [ 77-1a-4 ] 53-13-105 , by the
1760 commissioner, but is not eligible for retirement benefits under the Public Safety Employee's
1761 Retirement System.
1762 Section 38. Section 31A-32-101 is amended to read:
1763 31A-32-101. Title and scope.
1764 (1) This [act] chapter is known as the "Medical Care Savings Account Act."

1765 (2) (a) This [act] chapter applies only to medical care savings accounts established for the
1766 purpose of seeking a tax deduction under Section 59-10-114 .
1767 (b) This [act] chapter does not apply to medical care savings accounts that will not be
1768 subject to tax deductions under Section 59-10-114 .
1769 Section 39. Section 35A-1-102 is amended to read:
1770 35A-1-102. Definitions.
1771 Unless otherwise specified, as used in this title:
1772 (1) "Client" means an individual who the department has determined to be eligible for
1773 services or benefits under:
1774 (a) Chapter 3, Employment Support Act; and
1775 (b) Chapter 5, Training and Workforce Improvement Act.
1776 (2) "Consortium of counties" means an organization of the counties within a regional
1777 workforce services area designated under Section 35A-2-101 :
1778 (a) in which all of the county commissions jointly comply with this title in working with
1779 the executive director of the department regarding regional workforce services areas; and
1780 (b) (i) that existed as of July 1, 1997; or
1781 (ii) that is created on or after July 1, 1997, with the approval of the executive director.
1782 (3) "Department" means the Department of Workforce Services created in Section
1783 35A-1-103 .
1784 [(5)] (4) "Employment assistance" means services or benefits provided by the department
1785 under:
1786 (a) Chapter 3, Employment Support Act; and
1787 (b) Chapter 5, Training and Workforce Improvement Act.
1788 [(6)] (5) "Employment center" is a location in a regional workforce services area where
1789 the services provided by a regional workforce services area under Section 35A-2-201 may be
1790 accessed by a client.
1791 [(4)] (6) "Employment counselor" means an individual responsible for developing an
1792 employment plan and coordinating the services and benefits under this title in accordance with
1793 Chapter 2, Regional Workforce Services Areas.
1794 (7) "Employment plan" means a written agreement between the department and a client
1795 that describes:

1796 (a) the relationship between the department and the client;
1797 (b) the obligations of the department and the client; and
1798 (c) the result if an obligation is not fulfilled by the department or the client.
1799 (8) "Executive director" means the executive director of the department appointed under
1800 Section 35A-1-201 .
1801 (9) "Public assistance" means:
1802 (a) services or benefits provided under Chapter 3, Employment Support Act;
1803 (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
1804 (c) foster care maintenance payments provided with the General Fund or under Title IV-E
1805 of the Social Security Act;
1806 (d) food stamps; and
1807 (e) any other public funds expended for the benefit of a person in need of financial,
1808 medical, food, housing, or related assistance.
1809 (10) "Regional workforce services area" means a regional workforce services area
1810 established in accordance with Chapter 2, Regional Workforce Services Areas.
1811 (11) "Stabilization" means addressing the basic living, family care, and social or
1812 psychological needs of the client so that the client may take advantage of training or employment
1813 opportunities provided under this title or through other agencies or institutions.
1814 Section 40. Section 35A-2-202 is amended to read:
1815 35A-2-202. Single employment counselor -- Specialization -- Employment plan.
1816 (1) At each employment center of a regional workforce services area established under
1817 Section 35A-2-101 there shall be employed one or more employment [advisors] counselors.
1818 (2) A client shall be assigned one employment counselor unless a client:
1819 (a) needs only limited services under this title for which expedited procedures are
1820 appropriate; or
1821 (b) receives diversion assistance under Section 35A-3-303 .
1822 (3) An employment counselor shall:
1823 (a) develop an employment plan jointly with the client; and
1824 (b) coordinate any services provided, brokered, or contracted for by the department to that
1825 client.
1826 (4) The employment counselor assigned to a client may be selected because of the

1827 employment counselor's experience or knowledge in the benefits or services available under the
1828 title that best meet the specific needs of the client and the employment counselor's skills in
1829 working with groups of clients to develop plans leading to self-sufficiency.
1830 (5) (a) An employment counselor shall be:
1831 (i) trained in the requirements of and benefits or services provided through employment
1832 centers in at least one of the following:
1833 (A) Chapter 3, Employment Support Act; and
1834 (B) Chapter 5, Training and Workforce Improvement Act;
1835 (ii) capable of:
1836 (A) conducting an effective assessment;
1837 (B) negotiating an employment plan; and
1838 (C) providing the necessary encouragement and support to a client; and
1839 (iii) knowledgeable of:
1840 (A) department policies;
1841 (B) relevant law;
1842 (C) current labor market conditions;
1843 (D) education and training programs for adults; and
1844 (E) services and supports available in the community.
1845 (b) At the discretion of the director of a regional workforce services area, an employment
1846 counselor may receive special training in the requirements of or providing services under the
1847 statutes listed in Subsection (5)(a)(i).
1848 (6) (a) A client employment plan may include:
1849 (i) services and support necessary for stabilization;
1850 (ii) assessment and training; and
1851 (iii) placement.
1852 (b) The client employment plan shall consider the job opportunities available to the client
1853 based on the job market.
1854 (c) The client employment plan shall be outcome-focused.
1855 (7) If a client seeks cash assistance under Chapter 3, Employment Support Act, the
1856 assignment of an employment counselor and the creation and implementation of an employment
1857 plan shall be consistent with Section 35A-3-304 .

1858 Section 41. Section 35A-3-508 is amended to read:
1859 35A-3-508. Inventory of civic organizations.
1860 (1) To enable the division to refer a client or applicant to an appropriate civic organization
1861 under this part, the division, in cooperation with the coalition described in Section [ 35A-3-511 ]
1862 35A-3-510 , shall complete a statewide inventory of civic organizations. For those organizations
1863 that wish to participate, the inventory shall include:
1864 (a) a description of the services and supports provided;
1865 (b) the geographical locations served;
1866 (c) methods of accessing services; and
1867 (d) eligibility for services.
1868 (2) The inventory shall be stored, updated annually, and made available in a usable form
1869 as a resource directory for all employment counselors.
1870 Section 42. Section 35A-4-205 is amended to read:
1871 35A-4-205. Exempt employment.
1872 (1) If the services are also exempted under the Federal Unemployment Tax Act, as
1873 amended, employment does not include:
1874 (a) service performed prior to January 1, 1973, in the employ of a state, except as provided
1875 in Subsection 35A-4-204 (2)(d);
1876 (b) service performed in the employ of a political subdivision of a state, except as provided
1877 in Subsection 35A-4-204 (2)(d);
1878 (c) service performed in the employ of the United States Government or an instrumentality
1879 of the United States immune under the United States Constitution from the contributions imposed
1880 by this chapter, except that, to the extent that the Congress of the United States shall permit, this
1881 chapter shall apply to those instrumentalities and to services performed for the instrumentalities
1882 to the same extent as to all other employers, employing units, individuals and services; provided,
1883 that if this state is not certified for any year by the Secretary of Labor under Section 3304 of the
1884 Federal Internal Revenue Code of 1954, 26 U.S.C. 3304, the payments required of the
1885 instrumentalities with respect to that year shall be refunded by the division from the fund in the
1886 same manner and within the same period as is provided in Subsection 35A-4-306 (5) with respect
1887 to contributions erroneously collected;
1888 (d) service performed after June 30, 1939, as an employee representative as defined in the

1889 Railroad Unemployment Insurance Act, 45 U.S.C. 351 et seq., and service performed after June
1890 30, 1939, for an employer as defined in that act except that if the division determines that any
1891 employing unit which is principally engaged in activities not included in those definitions
1892 constitutes such an employer only to the extent of an identifiable and separable portion of its
1893 activities, this exemption applies only to services performed for the identifiable and separable
1894 portion of its activities;
1895 (e) agricultural labor as defined in Section 35A-4-206 ;
1896 (f) domestic service in a private home, local college club, or local chapter of a college
1897 fraternity or sorority, except as provided in Subsection 35A-4-204 (2)(k);
1898 (g) (i) service performed in the employ of a school, college, or university, if the service
1899 is performed:
1900 (A) by a student who is enrolled and is regularly attending classes at that school, college,
1901 or university; or
1902 (B) by the spouse of the student, if the spouse is advised, at the time the spouse
1903 commences to perform that service, that the employment of that spouse to perform that service is
1904 provided under a program to provide financial assistance to the student by the school, college, or
1905 university, and that the employment will not be covered by any program of unemployment
1906 insurance;
1907 (ii) service performed by an individual who is enrolled at a nonprofit or public educational
1908 institution, that normally maintains a regular faculty and curriculum and normally has a regularly
1909 organized body of students in attendance at the place where its educational activities are carried
1910 on, as a student in a full-time program taken for credit at the institution, that combines academic
1911 instruction with work experience, if the service is an integral part of the program and the institution
1912 has so certified to the employer, but this subsection does not apply to service performed in a
1913 program established for or on behalf of an employer or group of employers; or
1914 (iii) service performed in the employ of a hospital, if the service is performed by a patient
1915 of the hospital;
1916 (h) service performed by an individual in the employ of the individual's son, daughter, or
1917 spouse, and service performed by a child under the age of 21 in the employ of the child's parent;
1918 (i) for the purposes of Subsections 35A-4-204 (2)(d) and (e), service performed:
1919 (i) in the employ of:

1920 (A) a church or convention or association of churches; or
1921 (B) an organization that is operated primarily for religious purposes and that is operated,
1922 supervised, controlled, or principally supported by a church or convention or association of
1923 churches;
1924 (ii) by a duly ordained, commissioned, or licensed minister of a church in the exercise of
1925 the minister's ministry or by a member of a religious order in the exercise of duties required by the
1926 order;
1927 (iii) after December 31, 1977, in the employ of a governmental entity referred to in
1928 Subsection 35A-4-204 (2) if the service is performed by an individual in the exercise of the
1929 individual's duties:
1930 (A) as an elected official;
1931 (B) as a member of a legislative body or the judiciary of the state or its political
1932 subdivisions;
1933 (C) as a member of the National Guard or Air National Guard;
1934 (D) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake,
1935 flood, or similar emergency; or
1936 (E) in an advisory position or a policymaking position the performance of the duties of
1937 which ordinarily does not require more than eight hours per week;
1938 (iv) in a facility conducted for the purpose of carrying out a program of rehabilitation for
1939 individuals whose earning capacity is impaired by age, physical or mental deficiency, injury, or
1940 providing a remunerative work for individuals who, because of their impaired physical or mental
1941 capacity, cannot be readily absorbed in the competitive labor market by an individual receiving that
1942 rehabilitation or remunerative work;
1943 (v) as part of an unemployment work-relief or work-training program, assisted or financed
1944 in whole or in part by any federal agency or an agency of a state or political subdivision of the
1945 state, by an individual receiving the work-relief or work-training;
1946 (vi) prior to January 1, 1978, for a hospital in a state prison or other state correctional
1947 institution by an inmate of the prison or correctional institution and after December 31, 1977, by
1948 an inmate of a custodial or penal institution;
1949 (j) casual labor not in the course of the employing unit's trade or business;
1950 (k) service performed in any calendar quarter in the employ of any organization exempt

1951 from income tax under Subsection 501(a), Internal Revenue Code, other than an organization
1952 described in Subsection 401(a) or Section 521 Internal Revenue Code, if the remuneration for the
1953 service is less than $50;
1954 (l) service is performed in the employ of a foreign government, including service as a
1955 consular or other officer, other employee, or a nondiplomatic representative;
1956 (m) service performed in the employ of an instrumentality wholly owned by a foreign
1957 government:
1958 (i) if the service is of a character similar to that performed in foreign countries by
1959 employees of the United States government or its instrumentalities; and
1960 (ii) if the division finds that the United States Secretary of State has certified to the United
1961 States Secretary of the Treasury that the foreign government with respect to whose instrumentality
1962 exemption is claimed grants an equivalent exemption with respect to similar service performed in
1963 the foreign country by employees of the United States government and its instrumentalities;
1964 (n) service performed by an individual for a person as an insurance agent or as an
1965 insurance solicitor, if all the service performed by the individual for that person is performed for
1966 remuneration solely by way of commission;
1967 (o) service performed by an individual in the delivery or distribution of newspapers or
1968 shopping news, not including delivery or distribution to any point for subsequent delivery or
1969 distribution;
1970 (p) service covered by an arrangement between the division and the agency charged with
1971 the administration of any other state or federal unemployment compensation law under which all
1972 services performed by an individual for an employing unit during the period covered by the
1973 employing unit's duly approved election, are considered to be performed entirely within the
1974 agency's state or under the federal law;
1975 (q) service performed by lessees engaged in metal mining under lease agreements, unless
1976 the individual lease agreement, or the practice in actual operation under the agreement, is such as
1977 would constitute the lessees' employees of the lessor at common law;
1978 (r) service performed by an individual for a person as a licensed real estate agent or
1979 salesman if all the service performed by the individual for that person is performed for
1980 remuneration solely by way of commission;
1981 (s) service performed by an individual for a person as a licensed securities agent or

1982 salesman, registered representative, if the service performed by the individual for that person is
1983 performed for remuneration solely by way of commission;
1984 (t) services as an outside salesman paid solely by way of commission if the services were
1985 performed outside of all places of business of the enterprises for which the services are performed
1986 except:
1987 (i) as provided in Subsection [ 34A-4-204 ] 35A-4-204 (2)(i); or
1988 (ii) if the services would constitute employment at common law;
1989 (u) service performed by an individual as a telephone survey conductor or pollster if:
1990 (i) the individual does not perform the service on the principal's premises; and
1991 (ii) the individual is paid for the service solely on a piece-rate or commission basis; or
1992 (v) service performed by a nurse licensed or registered under Title 58, Chapter [31] 31b,
1993 Nurse Practice Act, if:
1994 (i) the service of the nurse is performed in the home of the patient;
1995 (ii) substantially all of the nurse's compensation for the service is from health insurance
1996 proceeds; and
1997 (iii) no compensation or fee for the service is paid to any agency or company as a business
1998 furnishing nursing services.
1999 (2) "Included and excluded service" means if the services performed during 1/2 or more
2000 of any pay period by an individual for the person employing the individual constitute employment,
2001 all the services of the individual for the period are considered to be employment; but if the services
2002 performed during more than half of any such pay period by an individual for the person employing
2003 the individual do not constitute employment, then none of the services of the individual for the
2004 period are considered to be employment. As used in this subsection, "pay period" means a period
2005 of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the
2006 individual by the person employing the individual.
2007 Section 43. Section 41-3-702 is amended to read:
2008 41-3-702. Civil penalty for violation.
2009 (1) The following are civil violations under this chapter and are in addition to criminal
2010 violations under this chapter:
2011 (a) Level I:
2012 (i) failure to display business license;

2013 (ii) failure to surrender license of salesperson because of termination, suspension, or
2014 revocation;
2015 (iii) failure to maintain a separation from nonrelated motor vehicle businesses at licensed
2016 locations;
2017 (iv) issuing a temporary permit improperly;
2018 (v) failure to maintain records;
2019 (vi) selling a new motor vehicle to a nonfranchised dealer or leasing company without
2020 licensing the motor vehicle;
2021 (vii) special plate violation; and
2022 (viii) failure to maintain a sign at principal place of business.
2023 (b) Level II:
2024 (i) failure to report sale;
2025 (ii) advertising violation;
2026 (iii) dismantling without a permit;
2027 (iv) manufacturing without meeting construction or vehicle identification number
2028 standards; and
2029 (v) withholding customer license plates.
2030 (c) Level III:
2031 (i) operating without a principal place of business;
2032 (ii) selling a new motor vehicle without holding the franchise;
2033 (iii) crushing a motor vehicle without proper evidence of ownership;
2034 (iv) selling from an unlicensed location;
2035 (v) altering a temporary permit;
2036 (vi) refusal to furnish copies of records; and
2037 (vii) assisting an unlicensed dealer or salesperson in sales of motor vehicles.
2038 (2) (a) The schedule of civil penalties for violations of Subsection (1) is:
2039 (i) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third
2040 and subsequent offenses;
2041 (ii) Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the
2042 third and subsequent offenses; and
2043 (iii) Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the

2044 third and subsequent offenses.
2045 (b) When determining under this section if an offense is a second or subsequent offense,
2046 only prior offenses committed within the 12 months prior to the commission of the current offense
2047 may be considered.
2048 (3) The following are civil violations in addition to criminal violations under Section
2049 41-1a-1008 :
2050 (a) knowingly selling a salvage vehicle, as defined in Section 41-1a-1001 , without
2051 disclosing that the salvage vehicle has been repaired or rebuilt;
2052 (b) knowingly making a false statement on a vehicle damage disclosure statement, as
2053 defined in Section 41-1a-1001 ; or
2054 (c) fraudulently certifying that a damaged motor vehicle is entitled to an unbranded title,
2055 as defined in Section 41-1a-1001 , when it is not.
2056 (4) The civil penalty for a violation under Subsection [(1)] (3) is:
2057 (a) not less than $1,000, or treble the actual damages caused by the person, whichever is
2058 greater; and
2059 (b) reasonable attorneys' fees and costs of the action.
2060 (5) A civil action may be maintained by a purchaser or by the administrator.
2061 Section 44. Section 48-2b-102 is amended to read:
2062 48-2b-102. Definitions.
2063 (1) "Bankruptcy" includes bankruptcy under federal bankruptcy law or under Utah
2064 insolvency law.
2065 (2) "Business" includes every trade, occupation, or profession.
2066 (3) "Division" means the Division of Corporations and Commercial Code of the
2067 Department of Commerce.
2068 (4) "Foreign limited liability company" means a limited liability company organized under
2069 the laws of any other jurisdiction.
2070 (5) "Limited liability company" or "company" means a business entity organized under this
2071 chapter.
2072 (6) "Person" means an individual, general partnership, limited partnership, limited liability
2073 company, limited association, domestic or foreign trust, estate, association, or corporation.
2074 (7) "Professional services" means the personal services rendered by:

2075 (a) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, and
2076 any subsequent laws regulating the practice of architecture;
2077 (b) an attorney granted the authority to practice law by the Supreme Court of the state of
2078 Utah as provided in Title 78, Chapter 51;
2079 (c) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
2080 Practice Act, and any subsequent laws regulating the practice of chiropractic;
2081 (d) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentists and Dental
2082 Hygienists Practice Act, and any subsequent laws regulating the practice of dentistry;
2083 (e) a professional engineer registered under Title 58, Chapter 22, Professional Engineers
2084 and Land Surveyors Licensing Act;
2085 (f) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician
2086 Practice Act, and any subsequent laws regulating the practice of naturopathy;
2087 (g) a nurse licensed under Title 58, Chapter [31] 31b, Nurse Practice Act, or Title 58,
2088 Chapter 44a, Nurse Midwife Practice Act;
2089 (h) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
2090 Act, and any subsequent laws regulating the practice of optometry;
2091 (i) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah
2092 Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
2093 (j) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
2094 any subsequent laws regulating the practice of pharmacy;
2095 (k) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter
2096 67, Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
2097 (l) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist
2098 Practice Act, and any subsequent laws regulating the practice of physical therapy;
2099 (m) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician
2100 Licensing Act, and any subsequent laws regulating the practice of chiropody;
2101 (n) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing
2102 Act, and any subsequent laws regulating the practice of psychology;
2103 (o) a public accountant holding a license under Title 58, Chapter 26, Certified Public
2104 Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
2105 (p) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,

2106 Division of Real Estate, and any subsequent laws regulating the sale, exchange, purchase, rental,
2107 or leasing of real estate;
2108 (q) a mental health therapist holding a license under Title 58, Chapter 60, Mental Health
2109 Professional Practice Act, and any subsequent laws regulating the practice of mental health
2110 therapy; and
2111 (r) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and
2112 any subsequent laws regulating the practice of veterinary medicine.
2113 (8) "Regulating board" means the board organized pursuant to state law that is charged
2114 with the licensing and regulation of the practice of the profession that a limited liability company
2115 is organized to render.
2116 (9) "State" means a state, territory, or possession of the United States, the District of
2117 Columbia, or the Commonwealth of Puerto Rico.
2118 (10) "Successor limited liability company" means the surviving or resulting limited
2119 liability company existing pursuant to a merger or consolidation of two or more limited liability
2120 companies.
2121 Section 45. Section 53-3-210 is amended to read:
2122 53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
2123 instruction permit -- Practice permit.
2124 (1) (a) The division upon receiving an application for a class D or M license from a person
2125 16 years of age or older may issue a temporary learner permit after the person has successfully
2126 passed all parts of the examination not involving actually driving a motor vehicle.
2127 (b) The temporary learner permit allows the applicant, while having the permit in the
2128 applicant's immediate possession, to drive a motor vehicle upon the highways for six months from
2129 the date of the application in conformance with the restrictions indicated on the permit.
2130 (2) (a) The division, upon receiving an application, may issue an instruction permit
2131 effective for one year to an applicant who is enrolled in a driver education program that includes
2132 practice driving, if the program is approved by the State [Office] Board of Education, even though
2133 the applicant has not reached the legal age to be eligible for a license.
2134 (b) The instruction permit entitles the applicant, while having the permit in his immediate
2135 possession, to drive a motor vehicle, only if an approved instructor is occupying a seat beside the
2136 applicant or in accordance with the requirements of Subsections (4) and 53A-13-208 (4).

2137 (3) The division may issue a commercial driver instruction permit under Title 53, Chapter
2138 3, Part 4, Uniform Commercial Driver License Act.
2139 (4) (a) The division shall issue a practice permit to an applicant who:
2140 (i) is at least 15 years and nine months of age;
2141 (ii) has been issued an instruction permit under this section;
2142 (iii) is enrolled in or has successfully completed a driver education course in a:
2143 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
2144 Commercial Driver Training Schools Act; or
2145 (B) driver education program approved by the division;
2146 (iv) has passed the written test required by the division;
2147 (v) has passed the physical and mental fitness tests; and
2148 (vi) has submitted the nonrefundable fee for a class D license.
2149 (b) The division shall supply the practice permit form. The form shall include the
2150 following information:
2151 (i) the person's full name, date of birth, sex, home address, height, weight, and eye color;
2152 (ii) the name of the school providing the driver education course;
2153 (iii) the dates of issuance and expiration of the permit;
2154 (iv) the statutory citation authorizing the permit; and
2155 (v) the conditions and restrictions contained in this section for operating a class D motor
2156 vehicle.
2157 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice
2158 permit allows the person, while having the permit in the applicant's immediate possession, to
2159 operate a class D motor vehicle when the person's parent, legal guardian, or adult spouse, who
2160 must be a licensed driver, is occupying a seat next to the person and no other passengers are in the
2161 vehicle.
2162 (d) If an applicant has been issued a practice permit by the division, the applicant may
2163 obtain an original or provisional class D license from the division upon passing the skills test
2164 administered by the division and reaching 16 years of age.
2165 Section 46. Section 53-3-901 is amended to read:
2166 53-3-901. Short title.
2167 This [chapter] part is known as the "Motorcycle Rider Education Act."

2168 Section 47. Section 53-3-902 is amended to read:
2169 53-3-902. Definitions.
2170 As used in this [chapter] part:
2171 (1) "Motorcycle" has the same meaning as provided in Section 41-1a-102 .
2172 (2) "Program" means the motorcycle rider education program for training and information
2173 disbursement created under Section 53-3-903 .
2174 (3) "Rider training course" means a motorcycle rider education curriculum and delivery
2175 system approved by the division as meeting national standards designed to develop and instill the
2176 knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle.
2177 Section 48. Section 53-8-213 is amended to read:
2178 53-8-213. Special function officer status for certain employees -- Retirement
2179 provisions.
2180 (1) The commissioner may designate an employee of the Utah Highway Patrol Division
2181 as a special function officer, as defined in Section [ 77-1a-4 ] 53-13-105 , for the purpose of
2182 enforcing all laws relating to vehicle parts and equipment, including the provisions of this part and
2183 Title 41, Chapter 6, Article 16, Equipment.
2184 (2) Notwithstanding Section 49-4a-203 , a special function officer designated under this
2185 section may not become or be designated as a member of the Public Safety Retirement Systems.
2186 Section 49. Section 53-10-502 is amended to read:
2187 53-10-502. Bureau duties.
2188 The bureau:
2189 (1) maintains dispatch and communications services for regional public safety consolidated
2190 communications centers;
2191 (2) provides facilities and acts as a public safety answering point to answer and respond
2192 to [9-1-1] 911 calls from a region;
2193 (3) provides professional emergency dispatch and communications support for law
2194 enforcement, emergency medical, fire suppression, highway maintenance, public works, and public
2195 safety agencies representing municipal, county, state, and federal governments; and
2196 (4) coordinates incident response.
2197 Section 50. Section 53-11-108 is amended to read:
2198 53-11-108. Licensure -- Basic qualifications.

2199 An applicant for licensure under this chapter shall meet the following qualifications:
2200 (1) An applicant shall be:
2201 (a) at least 21 years of age;
2202 (b) a citizen or legal resident of the United States; and
2203 (c) of good moral character.
2204 (2) An applicant may not:
2205 (a) have been convicted of:
2206 (i) a felony;
2207 (ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
2208 (iii) any act of personal violence or force on any person or convicted of threatening to
2209 commit any act of personal violence or force against another person;
2210 (iv) any act constituting dishonesty or fraud;
2211 (v) impersonating a peace officer; or
2212 (vi) any act involving moral turpitude;
2213 (b) be on probation, parole, community supervision, or named in an outstanding arrest
2214 warrant; or
2215 (c) be employed as a peace officer.
2216 (3) If previously or currently licensed in another state or jurisdiction, the applicant shall
2217 be in good standing within that state or jurisdiction.
2218 (4) (a) The applicant shall also have completed a training program of not less than 16
2219 hours that is approved by the board and includes:
2220 (i) instruction on the duties and responsibilities of a licensee under this chapter, including:
2221 (A) search, seizure, and arrest procedure;
2222 (B) pursuit, arrest, detainment, and transportation of a bail bond suspect; and
2223 (C) specific duties and responsibilities regarding entering an occupied structure to carry
2224 out functions under this chapter;
2225 (ii) the laws and rules relating to the bail bond business;
2226 (iii) the rights of the accused; and
2227 (iv) ethics.
2228 (b) The program may be completed after the licensure application is submitted, but shall
2229 be completed before a license may be issued under this chapter.

2230 (5) If the applicant desires to carry a firearm as a licensee, the applicant shall:
2231 (a) successfully complete a course regarding the specified types of weapons he plans to
2232 carry. The course shall:
2233 (i) be not less than 16 hours;
2234 (ii) be conducted by any national, state, or local firearms training organization approved
2235 by the [Law Enforcement] Criminal Investigations and Technical Services Division created in
2236 Section [ 53-5-103 ] 53-10-103 ; and
2237 (iii) provide training regarding general familiarity with the types of firearms to be carried,
2238 including:
2239 (A) the safe loading, unloading, storage, and carrying of the types of firearms to be
2240 concealed; and
2241 (B) current laws defining lawful use of a firearm by a private citizen, including lawful
2242 self-defense, use of deadly force, transportation, and concealment; and
2243 (b) shall hold a valid license to carry a concealed weapon, issued under Section 53-5-704 .
2244 Section 51. Section 53-11-119 is amended to read:
2245 53-11-119. Grounds for disciplinary action.
2246 (1) The board may take disciplinary action under Subsection (2), (4), or (5) regarding a
2247 license granted under this chapter if the board finds the licensee commits any of the following
2248 while engaged in activities regulated under this chapter:
2249 (a) fraud or willful misrepresentation in applying for an original license or renewal of an
2250 existing license;
2251 (b) using any letterhead, advertising, or other printed matter in any manner representing
2252 that he is an instrumentality of the federal government, a state, or any political subdivision of a
2253 state;
2254 (c) using a name different from that under which he is currently licensed for any
2255 advertising, solicitation, or contract to secure business unless the name is an authorized fictitious
2256 name;
2257 (d) impersonating, permitting, or aiding and abetting an employee to impersonate a law
2258 enforcement officer or employee of the United States, any state, or a political subdivision of a
2259 state;
2260 (e) knowingly violating, advising, encouraging, or assisting in the violation of any statute,

2261 court order, or injunction in the course of conducting an agency regulated under this chapter;
2262 (f) falsifying fingerprints or photographs while operating under this chapter;
2263 (g) has a conviction for:
2264 (i) a felony;
2265 (ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
2266 (iii) any act involving moral turpitude;
2267 (iv) any act of personal violence or force against any person or conviction of threatening
2268 to commit any act of personal violence or force against any person;
2269 (v) any act constituting dishonesty or fraud;
2270 (vi) impersonating a peace officer; or
2271 (vii) any act of illegally obtaining or disseminating private, controlled, or protected records
2272 under Section 63-2-801 ;
2273 (h) soliciting business for an attorney in return for compensation;
2274 (i) being placed on probation, parole, [community] compensatory service, or named in an
2275 outstanding arrest warrant;
2276 (j) committing, or permitting any employee or contract employee to commit any act during
2277 the period between the expiration of a license for failure to renew within the time fixed by this
2278 chapter, and the reinstatement of the license, that would be cause for the suspension or revocation
2279 of the license or grounds for denial of the application for the license;
2280 (k) willfully neglecting to render to a client services or a report as agreed between the
2281 parties and for which compensation has been paid or tendered in accordance with the agreement
2282 of the parties, but if the investigator chooses to withdraw from the case and returns the funds for
2283 work not yet done, no violation of this section exists;
2284 (l) failing or refusing to cooperate with, failing to provide truthful information to, or
2285 refusing access to an authorized representative of the department engaged in an official
2286 investigation;
2287 (m) employing or contracting with any unlicensed or improperly licensed person or agency
2288 to conduct activities regulated under this chapter if the licensure status was known or could have
2289 been ascertained by reasonable inquiry;
2290 (n) permitting, authorizing, aiding, or in any way assisting a licensed employee to conduct
2291 services as described in this chapter on an independent contractor basis and not under the authority

2292 of the licensed agency;
2293 (o) failure to maintain in full force and effect workers' compensation insurance, if
2294 applicable;
2295 (p) advertising in a false, deceptive, or misleading manner;
2296 (q) refusing to display the identification card issued by the department to any person
2297 having reasonable cause to verify the validity of the license;
2298 (r) committing any act of unprofessional conduct; or
2299 (s) engaging in any other conduct prohibited by this chapter.
2300 (2) On completion of an investigation, the board may:
2301 (a) dismiss the case;
2302 (b) take emergency action;
2303 (c) issue a letter of concern, if applicable;
2304 (d) impose a civil penalty not to exceed $500;
2305 (e) place all records, evidence, findings, and conclusions and any other information
2306 pertinent to the investigation in the confidential and protected records section of the file maintained
2307 at the department; or
2308 (f) if the board finds, based on the investigation, that a violation of Subsection (1) has
2309 occurred, notice shall be sent to the licensee of the results of the hearing by mailing a true copy to
2310 the licensee's last-known address in the department's files by certified mail, return receipt
2311 requested.
2312 (3) A letter of concern shall be retained by the commissioner and may be used in future
2313 disciplinary actions against a licensee.
2314 (4) (a) If the board finds, based on its investigation under Subsection (1), that the public
2315 health, safety, or welfare requires emergency action, the board may order a summary suspension
2316 of a license pending proceedings for revocation or other action.
2317 (b) If the board issues an order of summary suspension, the board shall issue to the
2318 licensee a written notice of complaint and formal hearing, setting forth the charges made against
2319 the licensee and his right to a formal hearing before the board within 60 days.
2320 (5) Based on information the board receives during a hearing it may:
2321 (a) (i) dismiss the complaint if the board believes it is without merit;
2322 (ii) fix a period and terms of probation best adapted to educate the licensee;

2323 (iii) place the license on suspension for a period of not more than 12 months; or
2324 (iv) revoke the license; and
2325 (b) impose a civil penalty not to exceed $500.
2326 (6) (a) On a finding by the board that a bail recovery agency licensee committed a violation
2327 of Subsection (1), the probation, suspension, or revocation terminates the employment of all
2328 licensees employed or employed by contract by the bail bond agency.
2329 (b) If a licensee who is an employee or contract employee of a bail bond agency committed
2330 a violation of Subsection (1), the probation, suspension, or revocation applies only to the license
2331 held by that individual under this chapter.
2332 (7) (a) Appeal of the board's decision shall be made in writing to the commissioner within
2333 30 days after the date of issuance of the board's decision.
2334 (b) The hearing shall be scheduled not later than 60 days after receipt of the request.
2335 (c) The commissioner shall review the finding by the board and may affirm, return to the
2336 board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the
2337 recommendation of the board.
2338 (8) A person may appeal the commissioner's decision to the district court pursuant to
2339 Section 63-46b-15 .
2340 (9) All penalties collected under this section shall be deposited in the General Fund.
2341 Section 52. Section 53A-3-414 is amended to read:
2342 53A-3-414. Local school boards' responsibility for school buildings and grounds
2343 when used as civic centers.
2344 A local school board has the following powers:
2345 (1) It manages, directs, and controls civic centers under this chapter.
2346 (2) It adopts rules for the use of these civic centers.
2347 (3) It may charge a reasonable fee for the use of school facilities as a civic center so that
2348 the district incurs no expense for that use.
2349 (4) It may appoint a special functions officer under Section [ 77-1a-4 ] 53-13-105 to have
2350 charge of the grounds and protect school property when used for civic center purposes.
2351 (5) It may refuse the use of a civic center, for other than school purposes, if it determines
2352 the use inadvisable.
2353 Section 53. Section 53A-7-11o is amended to read:

2354 53A-7-110. Powers and duties.
2355 (1) The commission:
2356 (a) shall make recommendations to the State Board of Education and professional
2357 organizations of educators:
2358 (i) concerning standards of professional performance, competence, and ethical conduct for
2359 persons holding certificates issued by the board; and
2360 (ii) for the improvement of the education profession;
2361 (b) shall adopt rules to carry out the purposes of this chapter;
2362 (c) shall establish procedures for receiving and acting upon charges and recommendations
2363 regarding immoral, unprofessional, or incompetent conduct, unfitness for duty, or other violations
2364 of standards of ethical conduct, performance, and professional competence;
2365 (d) shall establish the manner in which hearings are conducted and reported, and
2366 recommendations are submitted to the State Board of Education for its action;
2367 (e) may:
2368 (i) warn or reprimand a certificate holder;
2369 (ii) recommend that the State Board of Education revoke or suspend a certificate, or
2370 restrict or prohibit recertification;
2371 (iii) enter into a written agreement requiring a current or former educator who has been
2372 the subject of a commission action to demonstrate to the satisfaction of the commission that the
2373 individual is rehabilitated and will conform to standards of professional performance, competence,
2374 and ethical conduct; or
2375 (iv) take other appropriate action;
2376 (f) may administer oaths, issue subpoenas, and make investigations relating to any matter
2377 before the commission; and
2378 (g) where reasonable cause exists, may initiate a criminal background check on a
2379 certificate holder:
2380 (i) the certificate holder shall receive written notice if a fingerprint check is requested as
2381 a part of the background check;
2382 (ii) fingerprints of the individual shall be taken, and the [Law Enforcement] Criminal
2383 Investigations and Technical Services Division of the Department of Public Safety shall release
2384 the individual's full record, as shown on state, regional, and national records, to the commission;

2385 and
2386 (iii) the commission shall pay the cost of the background check except as provided under
2387 Section 53A-6-103 , and the moneys collected shall be credited to the [Law Enforcement] Criminal
2388 Investigations and Technical Services Division to offset its expenses.
2389 (2) (a) In fulfilling its duty under Subsection (1) (c), the commission shall investigate any
2390 allegation of sexual abuse of a student or a minor by an educator whether or not the educator has
2391 surrendered his certificate without a hearing.
2392 (b) The investigation shall be independent of and separate from any criminal investigation.
2393 (c) The commission may receive any evidence related to the allegation of sexual abuse,
2394 including sealed or expunged records released to the board under Section 77-18-15 .
2395 (3) In making recommendations under Subsection (1)(e)(ii), the commission shall use a
2396 preponderance of evidence standard in its hearings as the basis for recommending revocation or
2397 suspension of a certificate or restriction or prohibition of recertification.
2398 Section 54. Section 53A-17a-101 is amended to read:
2399 53A-17a-101. Short title.
2400 This chapter is known as ["The] the "Minimum School Program Act."
2401 Section 55. Section 58-37c-11 is amended to read:
2402 58-37c-11. Penalty for unlawful conduct.
2403 (1) Any person who violates the unlawful conduct provision defined in Subsections
2404 58-37c-3 [(10)](12)(a) through (j) is guilty of a class A misdemeanor.
2405 (2) Any person who violates the unlawful conduct provisions defined in Subsection
2406 58-37c-3 [(10)](12)(k) is guilty of a second degree felony.
2407 Section 56. Section 58-37c-18 is amended to read:
2408 58-37c-18. Recordkeeping requirements for sale of crystal iodine.
2409 (1) Any person licensed to engage in a regulated transaction and who sells crystal iodine
2410 to another person shall:
2411 (a) comply with the recordkeeping requirements of Section [ 58-37-10 ] 58-37c-10 ;
2412 (b) require photo identification of the purchaser;
2413 (c) obtain from the purchaser a signature on a certificate of identification provided by the
2414 seller; and
2415 (d) obtain from the purchaser a legible fingerprint, preferably of the right thumb, which

2416 shall be placed on the certificate next to the purchaser's signature.
2417 (2) Any failure to comply with Subsection (1) is a class B misdemeanor.
2418 Section 57. Section 58-37c-21 is amended to read:
2419 58-37c-21. Department of Public Safety enforcement authority.
2420 (1) As used in this section, "division" means the Criminal Investigations and Technical
2421 Services Division of the Department of Public Safety, created in Section [ 53-4-103 ] 53-10-103 .
2422 (2) The division has authority to enforce this chapter. To carry out this purpose, the
2423 division may:
2424 (a) inspect, copy, and audit records, inventories of controlled substance precursors, and
2425 reports required under this chapter and rules adopted under this chapter;
2426 (b) enter the premises of regulated distributors and regulated purchasers during normal
2427 business hours to conduct administrative inspections;
2428 (c) assist the law enforcement agencies of the state in enforcing this chapter;
2429 (d) conduct investigations to enforce this chapter;
2430 (e) present evidence obtained from investigations conducted in conjunction with
2431 appropriate county and district attorneys and the Office of the Attorney General for civil or
2432 criminal prosecution or for administrative action against a licensee; and
2433 (f) work in cooperation with the Division of Occupational and Professional Licensing,
2434 created under Section 58-1-103 , to accomplish the purposes of this section.
2435 Section 58. Section 58-37d-9 is amended to read:
2436 58-37d-9. Department of Public Safety enforcement authority.
2437 (1) As used in this section, "division" means the Criminal Investigations and Technical
2438 Services Division of the Department of Public Safety, created in Section [ 53-4-103 ] 53-10-103 .
2439 (2) The division has authority to enforce this chapter. To carry out this purpose, the
2440 division may:
2441 (a) assist the law enforcement agencies of the state in enforcing this chapter;
2442 (b) conduct investigations to enforce this chapter;
2443 (c) present evidence obtained from investigations conducted in conjunction with
2444 appropriate county and district attorneys and the Office of the Attorney General for civil or
2445 criminal prosecution or for administrative action against a licensee; and
2446 (d) work in cooperation with the Division of Occupational and Professional Licensing,

2447 created under Section 58-1-103 , to accomplish the purposes of this section.
2448 Section 59. Section 58-47b-102 is amended to read:
2449 58-47b-102. Definitions.
2450 In addition to the definitions in Section 58-1-102 , as used in this chapter:
2451 (1) "Board" means the Utah Board of Massage Therapy created in Section 58-47b-201 .
2452 (2) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the muscular
2453 system.
2454 (3) "Massage apprentice" means an individual licensed under this chapter as a massage
2455 apprentice to work under the direct supervision of a licensed massage [technician] therapist.
2456 (4) "Massage therapist" means an individual licensed under this chapter as a massage
2457 therapist.
2458 (5) "Practice of massage therapy" means:
2459 (a) the examination, assessment, and evaluation of the soft tissue structures of the body
2460 for the purpose of devising a treatment plan to promote homeostasis;
2461 (b) the systematic manual or mechanical manipulation of the soft tissue of the body for the
2462 therapeutic purpose of:
2463 (i) promoting the health and well-being of a client;
2464 (ii) enhancing the circulation of the blood and lymph;
2465 (iii) relaxing and lengthening muscles;
2466 (iv) relieving pain;
2467 (v) restoring metabolic balance; and
2468 (vi) achieving homeostasis;
2469 (c) the use of the hands or a mechanical or electrical apparatus;
2470 (d) the use of rehabilitative procedures involving the soft tissue of the body;
2471 (e) range of motion or movements without spinal adjustment as set forth in Section
2472 58-73-102 ;
2473 (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet
2474 baths;
2475 (g) manual traction and stretching exercise;
2476 (h) correction of muscular distortion by treatment of the soft tissues of the body;
2477 (i) counseling, education, and other advisory services to reduce the incidence and severity

2478 of physical disability, movement dysfunction, and pain; and
2479 (j) similar or related activities and modality techniques.
2480 (6) "Soft tissue" means the muscles and related connective tissue.
2481 (7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501 .
2482 (8) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502 and as
2483 may be further defined by division rule.
2484 Section 60. Section 58-47b-304 is amended to read:
2485 58-47b-304. Exemptions from licensure.
2486 (1) In addition to the exemptions from licensure in Section 58-1-307 , the following
2487 individuals may engage in the practice of massage therapy as defined under this chapter, subject
2488 to the stated circumstances and limitations, without being licensed, but may not represent
2489 themselves as a massage therapist or massage apprentice:
2490 (a) physicians and surgeons licensed under Title 58, Chapter 67, Utah Medical Practice
2491 Act;
2492 (b) nurses licensed under Title 58, Chapter [31] 31b, Nurse Practice Act, or under Title
2493 58, Chapter 44a, Nurse Midwife Practice Act;
2494 (c) physical therapists licensed under Title 58, Chapter 24a, Physical Therapist Practice
2495 Act;
2496 (d) osteopathic physicians and surgeons licensed under Title 58, Chapter 68, Utah
2497 Osteopathic Medical Practice Act;
2498 (e) chiropractic physicians licensed under Title 58, Chapter 73, Chiropractic Physician
2499 Practice Act;
2500 (f) hospital staff members employed by a hospital who practice massage as part of their
2501 responsibilities;
2502 (g) athletic trainers who practice massage as part of their responsibilities while employed
2503 by an educational institution or an athletic team that participates in organized sports competition;
2504 (h) students in training enrolled in a massage therapy school approved by the division;
2505 (i) until January 1, 1999, individuals engaging in lymphatic massage and who meet
2506 training standards as defined by division rule;
2507 (j) naturopathic physicians licensed under Title 58, Chapter 71, Naturopathic Physician
2508 Practice Act;

2509 (k) occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy
2510 Practice Act; and
2511 (l) persons performing gratuitous massage.
2512 (2) This chapter may not be construed to authorize any individual licensed under this
2513 chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
2514 (3) This chapter may not be construed to:
2515 (a) create or require insurance coverage or reimbursement for massage therapy from third
2516 party payors if this type of coverage did not exist on or before February 15, 1990; or
2517 (b) prevent any insurance carrier from offering coverage for massage therapy.
2518 Section 61. Section 58-60-103 is amended to read:
2519 58-60-103. Licensure required.
2520 (1) An individual shall be licensed under this chapter; Chapter 67, Utah Medical Practice
2521 Act, or Chapter 68, Utah Osteopathic Medical Practice Act; Chapter [31] 31b, Nurse Practice Act;
2522 Chapter 61, Psychologist Licensing Act; or exempted from licensure under this chapter in order
2523 to:
2524 (a) engage in or represent he will engage in the practice of mental health therapy, clinical
2525 social work, certified social work, marriage and family therapy, or professional counseling; or
2526 (b) practice as or represent himself as a mental health therapist, clinical social worker,
2527 certified social worker, marriage and family therapist, professional counselor, psychiatrist,
2528 psychologist, or registered psychiatric mental health nurse specialist.
2529 (2) An individual shall be licensed under this chapter or exempted from licensure under
2530 this chapter in order to:
2531 (a) engage in or represent that he is engaged in practice as a social service worker; or
2532 (b) represent himself as or use the title of social service worker.
2533 (3) An individual shall be licensed under this chapter or exempted from licensure under
2534 this chapter in order to:
2535 (a) engage in or represent that he is engaged in practice as a licensed substance abuse
2536 counselor; or
2537 (b) represent himself as or use the title of licensed substance abuse counselor.
2538 Section 62. Section 58-60-107 is amended to read:
2539 58-60-107. Exemptions from licensure.

2540 In addition to the exemptions from licensure in Section 58-1-307 , the following may
2541 engage in acts included within the definition of practice as a mental health therapist, subject to the
2542 stated circumstances and limitations, without being licensed under this chapter:
2543 (1) the following when practicing within the scope of the license held:
2544 (a) a physician and surgeon or osteopathic physician and surgeon licensed under Chapter
2545 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
2546 (b) a registered psychiatric mental health nurse specialist licensed under Chapter [31] 31b,
2547 Nurse Practice Act; and
2548 (c) a psychologist licensed under Chapter 61, Psychologist Licensing Act;
2549 (2) a recognized member of the clergy while functioning in his ministerial capacity as long
2550 as he does not represent himself as or use the title of a license classification in Subsection
2551 58-60-102 (5);
2552 (3) an individual who is offering expert testimony in any proceeding before a court,
2553 administrative hearing, deposition upon the order of any court or other body having power to order
2554 the deposition, or proceedings before any master, referee, or alternative dispute resolution
2555 provider;
2556 (4) an individual engaged in performing hypnosis who is not licensed under Title 58,
2557 Occupations and Professions, in a profession which includes hypnosis in its scope of practice, and
2558 who:
2559 (a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or
2560 altering lifestyles or habits, such as eating or smoking, through hypnosis;
2561 (ii) consults with a client to determine current motivation and behavior patterns;
2562 (iii) prepares the client to enter hypnotic states by explaining how hypnosis works and
2563 what the client will experience;
2564 (iv) tests clients to determine degrees of suggestibility;
2565 (v) applies hypnotic techniques based on interpretation of consultation results and analysis
2566 of client's motivation and behavior patterns; and
2567 (vi) trains clients in self-hypnosis conditioning;
2568 (b) may not:
2569 (i) engage in the practice of mental health therapy;
2570 (ii) represent himself using the title of a license classification in Subsection 58-60-102 (5);

2571 or
2572 (iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
2573 generally recognized diagnostic and statistical manuals of medical, psychological, or dental
2574 disorders;
2575 (5) an individual's exemption from licensure under Subsection 58-1-307 (1)(b) or (c) while
2576 completing any supervised clinical training requirement for licensure extends not more than one
2577 year from the date the minimum requirement for training is completed, unless the individual
2578 presents satisfactory evidence to the division and the appropriate board that the individual is
2579 making reasonable progress toward passing of the qualifying examination for that profession or
2580 is otherwise on a course reasonably expected to lead to licensure, but any exemption under this
2581 subsection may not exceed two years past the date the minimum supervised clinical training
2582 requirement has been completed;
2583 (6) an individual holding an earned doctoral degree or master's degree in social work,
2584 marriage and family therapy, or professional counseling, who is employed by an accredited
2585 institution of higher education and who conducts research and teaches in that individual's
2586 professional field, but only if the individual does not engage in providing or supervising
2587 professional services regulated under this chapter to individuals or groups regardless of whether
2588 there is compensation for the services;
2589 (7) an individual, holding an earned doctoral degree or master's degree in a discipline
2590 which is a prerequisite for practice as a mental health therapist, who provides mental health
2591 therapy as an employee of a public or private organization which provides mental health therapy
2592 while under the direct supervision of a person licensed under this chapter as part of a professional
2593 training program approved by the division and offered through the agency for not more than 12
2594 months;
2595 (8) an individual providing general education in the subjects of alcohol or drug use or
2596 abuse, including prevention; and
2597 (9) an individual providing advice or counsel to another individual in a setting of their
2598 association as friends or relatives and in a nonprofessional and noncommercial relationship, if
2599 there is no compensation paid for the advice or counsel.
2600 Section 63. Section 58-65-302 is amended to read:
2601 58-65-302. Qualifications for licensure.

2602 (1) Each applicant for licensure as an alarm company shall:
2603 (a) submit an application in a form prescribed by the division;
2604 (b) pay a fee determined by the department under Section 63-38-3.2 ;
2605 (c) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
2606 the applicant who:
2607 (i) demonstrates 6,000 hours of experience in the alarm company business;
2608 (ii) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
2609 company business or in a construction business; and
2610 (iii) passes an examination component established by rule by the division in collaboration
2611 with the board;
2612 (d) if a corporation, provide:
2613 (i) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
2614 all corporate officers, directors, and those responsible management personnel employed within the
2615 state or having direct responsibility for managing operations of the applicant within the state; and
2616 (ii) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
2617 all shareholders owning 5% or more of the outstanding shares of the corporation, except this shall
2618 not be required if the stock is publicly listed and traded;
2619 (e) if a limited liability company, provide:
2620 (i) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
2621 all company officers, and those responsible management personnel employed within the state or
2622 having direct responsibility for managing operations of the applicant within the state; and
2623 (ii) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
2624 all individuals owning 5% or more of the equity of the company;
2625 (f) if a partnership, the names, addresses, dates of birth, social security numbers, and
2626 fingerprint cards of all general partners, and those responsible management personnel employed
2627 within the state or having direct responsibility for managing operations of the applicant within the
2628 state;
2629 (g) if a proprietorship, the names, addresses, dates of birth, social security numbers, and
2630 fingerprint cards of the proprietor, and those responsible management personnel employed within
2631 the state or having direct responsibility for managing operations of the applicant within the state;
2632 (h) be of good moral character in that officers, directors, shareholders described in

2633 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not been
2634 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
2635 considered with the duties and responsibilities of an alarm company is considered by the division
2636 and the board to indicate that the best interests of the public are served by granting the applicant
2637 a license;
2638 (i) document that none of applicant's officers, directors, shareholders described in
2639 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have been
2640 declared by any court of competent jurisdiction incompetent by reason of mental defect or disease
2641 and not been restored;
2642 (j) document that none of applicant's officers, directors, shareholders described in
2643 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel are currently
2644 suffering from habitual drunkenness or from drug addiction or dependence;
2645 (k) file and maintain with the division evidence of:
2646 (i) comprehensive general liability insurance in form and in amounts to be established by
2647 rule by the division in collaboration with the board;
2648 (ii) workers' compensation insurance that covers employees of the applicant in accordance
2649 with applicable Utah law; and
2650 [(iii) registration with the Division of Corporations and Commercial Code; and]
2651 [(iv)] (iii) registration as is required by applicable law with the:
2652 (A) Division of Corporations and Commercial Code;
2653 (B) Division of Workforce Information and Payment Services in the Department of
2654 Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
2655 (C) State Tax Commission; and
2656 (D) Internal Revenue Service; and
2657 (l) meet with the division and board.
2658 (2) Each applicant for licensure as an alarm company agent shall:
2659 (a) submit an application in a form prescribed by the division accompanied by fingerprint
2660 cards;
2661 (b) pay a fee determined by the department under Section 63-38-3.2 ;
2662 (c) be of good moral character in that the applicant has not been convicted of a felony, a
2663 misdemeanor involving moral turpitude, or any other crime that when considered with the duties

2664 and responsibilities of an alarm company agent is considered by the division and the board to
2665 indicate that the best interests of the public are served by granting the applicant a license;
2666 (d) not have been declared by any court of competent jurisdiction incompetent by reason
2667 of mental defect or disease and not been restored;
2668 (e) not be currently suffering from habitual drunkenness or from drug addiction or
2669 dependence; and
2670 (f) meet with the division and board if requested by the division or the board.
2671 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2672 division may make rules establishing when Federal Bureau of Investigation records shall be
2673 checked for applicants.
2674 (4) To determine if an applicant meets the qualifications of Subsections (1)(h) and (2)(c),
2675 the division shall provide an appropriate number of copies of fingerprint cards to the Department
2676 of Public Safety with the division's request to:
2677 (a) conduct a search of records of the Department of Public Safety for criminal history
2678 information relating to each applicant for licensure under this chapter and each applicant's officers,
2679 directors, and shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible
2680 management personnel; and
2681 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
2682 requiring a check of records of the F.B.I. for criminal history information under this section.
2683 (5) The Department of Public Safety shall send to the division:
2684 (a) a written record of criminal history, or certification of no criminal history record, as
2685 contained in the records of the Department of Public Safety in a timely manner after receipt of a
2686 fingerprint card from the division and a request for review of Department of Public Safety records;
2687 and
2688 (b) the results of the F.B.I. review concerning an applicant in a timely manner after receipt
2689 of information from the F.B.I.
2690 (6) (a) The division shall charge each applicant a fee, in accordance with Section
2691 63-38-3.2 , equal to the cost of performing the records reviews under this section.
2692 (b) The division shall pay the Department of Public Safety the costs of all records reviews,
2693 and the Department of Public Safety shall pay the F.B.I. the costs of records reviews under this
2694 chapter.

2695 (7) Information obtained by the division from the reviews of criminal history records of
2696 the Department of Public Safety and the F.B.I. shall be used or disseminated by the division only
2697 for the purpose of determining if an applicant for licensure under this chapter is qualified for
2698 licensure.
2699 Section 64. Section 59-7-611 is amended to read:
2700 59-7-611. Energy saving systems tax credit -- Limitations -- Definitions -- Tax credit
2701 in addition to other credits -- Certification -- Rulemaking authority -- Reimbursement of
2702 Uniform School Fund.
2703 (1) As used in this section:
2704 (a) "Active solar system":
2705 (i) means a system of equipment capable of collecting and converting incident solar
2706 radiation into thermal, mechanical, or electrical energy, and transferring these forms of energy by
2707 a separate apparatus to storage or to the point of use; and
2708 (ii) includes water heating, space heating or cooling, and electrical or mechanical energy
2709 generation.
2710 (b) "Biomass system" means any system of apparatus and equipment capable of converting
2711 organic plant, wood, or waste products into electrical and thermal energy and transferring these
2712 forms of energy by a separate apparatus to the point of use or storage.
2713 (c) "Business entity" means any sole proprietorship, estate, trust, partnership, association,
2714 corporation, cooperative, or other entity under which business is conducted or transacted.
2715 (d) "Commercial energy system" means any active solar, passive solar, wind, hydroenergy,
2716 or biomass system used to supply energy to a commercial unit or as a commercial enterprise.
2717 (e) "Commercial enterprise" means a business entity whose purpose is to produce
2718 electrical, mechanical, or thermal energy for sale from a commercial energy system.
2719 (f) (i) "Commercial unit" means any building or structure which a business entity uses to
2720 transact its business except as provided in Subsection (1)(f)(ii); and
2721 (ii) (A) in the case of an active solar system used for agricultural water pumping or a wind
2722 system, each individual energy generating device shall be a commercial unit; and
2723 (B) if an energy system is the building or structure which a business entity uses to transact
2724 its business, a commercial unit is the complete energy system itself.
2725 [(h)] (g) "Hydroenergy system" means a system of apparatus and equipment capable of

2726 intercepting and converting kinetic water energy into electrical or mechanical energy and
2727 transferring this form of energy by separate apparatus to the point of use or storage.
2728 [(i)] (h) "Individual taxpayer" means any person who is a taxpayer as defined in Section
2729 59-10-103 and a resident individual as defined in Section 59-10-103 .
2730 [(g)] (i) "Office of Energy and Resource Planning" means the Office of Energy and
2731 Resource Planning, Department of Natural Resources.
2732 (j) "Passive solar system":
2733 (i) means a direct thermal system which utilizes the structure of a building and its operable
2734 components to provide for collection, storage, and distribution of heating or cooling during the
2735 appropriate times of the year by utilizing the climate resources available at the site; and
2736 (ii) includes those portions and components of a building that are expressly designed and
2737 required for the collection, storage, and distribution of solar energy.
2738 (k) "Residential energy system" means any active solar, passive solar, wind, or
2739 hydroenergy system used to supply energy to or for any residential unit.
2740 (l) "Residential unit" means any house, condominium, apartment, or similar dwelling unit
2741 which serves as a dwelling for a person, group of persons, or a family but does not include property
2742 subject to the fees in lieu of the ad valorem tax under:
2743 (i) Section 59-2-404 ;
2744 (ii) Section 59-2-405 ; or
2745 (iii) Section 59-2-405.1 .
2746 (m) "Wind system" means a system of apparatus and equipment capable of intercepting
2747 and converting wind energy into mechanical or electrical energy and transferring these forms of
2748 energy by a separate apparatus to the point of use or storage.
2749 (2) (a) (i) A business entity that purchases and completes or participates in the financing
2750 of a residential energy system to supply all or part of the energy required for a residential unit
2751 owned or used by the business entity and situated in Utah is entitled to a tax credit as provided in
2752 this Subsection (2)(a).
2753 (ii) (A) A business entity is entitled to a tax credit equal to 25% of the costs of a residential
2754 energy system installed with respect to each residential unit it owns or uses, including installation
2755 costs, against any tax due under this chapter for the taxable year in which the energy system is
2756 completed and placed in service.

2757 (B) The total amount of the credit under this Subsection (2)(a) may not exceed $2,000 per
2758 residential unit.
2759 (C) The credit under this Subsection (2)(a) is allowed for any residential energy system
2760 completed and placed in service on or after January 1, 1997, but prior to January 1, 2001.
2761 (iii) If a business entity sells a residential unit to an individual taxpayer prior to making
2762 a claim for the tax credit under this Subsection (2)(a), the business entity may:
2763 (A) assign its right to this tax credit to the individual taxpayer; and
2764 (B) if the business entity assigns its right to the tax credit to an individual taxpayer under
2765 Subsection (2)(a)(iii)(A), the individual taxpayer may claim the tax credit as if the individual
2766 taxpayer had completed or participated in the costs of the residential energy system under Section
2767 59-10-602 .
2768 (b) (i) A business entity that purchases or participates in the financing of a commercial
2769 energy system is entitled to a tax credit as provided in this Subsection (2)(b) if:
2770 (A) the commercial energy system supplies all or part of the energy required by
2771 commercial units owned or used by the business entity; or
2772 (B) the business entity sells all or part of the energy produced by the commercial energy
2773 system as a commercial enterprise.
2774 (ii) (A) A business entity is entitled to a tax credit equal to 10% of the costs of any
2775 commercial energy system installed, including installation costs, against any tax due under this
2776 chapter for the taxable year in which the commercial energy system is completed and placed in
2777 service.
2778 (B) The total amount of the credit under this Subsection (2)(b) may not exceed $50,000
2779 per commercial unit.
2780 (C) The credit under this Subsection (2)(b) is allowed for any commercial energy system
2781 completed and placed in service on or after January 1, 1997, but prior to January 1, 2001.
2782 (iii) A business entity that leases a commercial energy system installed on a commercial
2783 unit is eligible for the tax credit under this Subsection (2)(b) if the lessee can confirm that the
2784 lessor irrevocably elects not to claim the credit.
2785 (iv) Only the principal recovery portion of the lease payments, which is the cost incurred
2786 by a business entity in acquiring a commercial energy system, excluding interest charges and
2787 maintenance expenses, is eligible for the tax credit under this Subsection (2)(b).

2788 (v) A business entity that leases a commercial energy system is eligible to use the tax credit
2789 under this Subsection (2)(b) for a period no greater than seven years from the initiation of the lease.
2790 (c) (i) A tax credit under this section may be claimed for the taxable year in which the
2791 energy system is completed and placed in service.
2792 (ii) Additional energy systems or parts of energy systems may be claimed for subsequent
2793 years.
2794 (iii) If the amount of a tax credit under this section exceeds a business entity's tax liability
2795 under this chapter for a taxable year, the amount of the credit exceeding the liability may be carried
2796 over for a period which does not exceed the next four taxable years.
2797 (3) (a) The tax credits provided for under Subsection (2) are in addition to any tax credits
2798 provided under the laws or rules and regulations of the United States.
2799 (b) (i) The Office of Energy and Resource Planning may promulgate standards for
2800 residential and commercial energy systems that cover the safety, reliability, efficiency, leasing, and
2801 technical feasibility of the systems to ensure that the systems eligible for the tax credit use the
2802 state's renewable and nonrenewable energy resources in an appropriate and economic manner.
2803 (ii) A tax credit may not be taken under Subsection (2) until the Office of Energy and
2804 Resource Planning has certified that the energy system has been completely installed and is a
2805 viable system for saving or production of energy from renewable resources.
2806 (c) The Office of Energy and Resource Planning and the commission are authorized to
2807 promulgate rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
2808 which are necessary to implement this section.
2809 (d) The Uniform School Fund shall be reimbursed by transfers from the General Fund for
2810 any credits taken under this section.
2811 Section 65. Section 59-9-101.1 is amended to read:
2812 59-9-101.1. Employers' Reinsurance Fund special assessment.
2813 (1) For purposes of this section:
2814 (a) "Calendar year" means a time period beginning January 1 and ending December 31
2815 during which an assessment is imposed.
2816 (b) "Total workers' compensation premium income" has the same meaning as under
2817 Subsection 59-9-101 (2).
2818 (2) (a) For calendar years beginning on January 1, 1998, through December 31, 2000, the

2819 following shall pay to the commission, on or before March 31 of each year, an assessment imposed
2820 by the Labor Commission under Subsection (3):
2821 (i) an admitted insurer writing workers' compensation insurance in this state, including the
2822 Workers' Compensation Fund of Utah created under Title 31A, Chapter 33, Workers'
2823 Compensation Fund of Utah; and
2824 (ii) an employer authorized under Section 34A-2-201 to pay workers' compensation direct.
2825 (b) The assessment imposed under Subsection (3) shall be in addition to:
2826 (i) the premium assessment imposed under Subsection 59-9-101 (2); and
2827 (ii) the assessment imposed under Section 34A-2-202 .
2828 (3) (a) If the conditions described in Subsection (3)(b) are met, the Labor Commission may
2829 impose an assessment in accordance with Subsections (3)(c) and (d) of up to 2% of:
2830 (i) the total workers' compensation premium income received by the insurer from workers'
2831 compensation insurance in this state during the preceding calendar year; or
2832 (ii) if authorized under Section 34A-2-201 to pay workers' compensation direct, the
2833 amount calculated under Section 34A-2-202 for a self-insured employer that is equivalent to the
2834 total workers' compensation premium income.
2835 (b) The Labor Commission may impose the assessment described in Subsection (3)(a) if:
2836 (i) the Labor Commission determines that:
2837 (A) all admitted insurers writing workers' compensation insurance in this state shall pay
2838 the maximum 7.25% of the premium income under Subsection 59-9-101 (2)(c)(i); and
2839 (B) all employers authorized to pay compensation direct shall pay the maximum 7.25%
2840 assessment under Section 34A-2-202 ; and
2841 (ii) the maximum 7.25% of the premium income is insufficient to:
2842 (A) provide payment of benefits and expenses from the Employers' Reinsurance Fund to
2843 project a funded condition of the Employers' Reinsurance Fund with assets greater than liabilities
2844 by no later than June 30, 2025; or
2845 (B) maintain the minimum approximate assets required in Subsection 59-9-101 (2)(d)(iv).
2846 (c) On or before each October 15 of the preceding year and following a public hearing, the
2847 Labor Commission shall determine:
2848 (i) whether an assessment will be imposed under this section for a calendar year; and
2849 (ii) if the assessment will be imposed, the percentage of the assessment applicable for the

2850 calendar year.
2851 (d) The Labor Commission shall:
2852 (i) base its determination on the recommendations of the qualified actuary required in
2853 Subsection 59-9-101 (2)(d)(i); and
2854 (ii) take into consideration the recommended premium assessment rate recommended by
2855 the actuary under Subsection 59-9-101 (2)(d)(ii).
2856 (4) An employer shall aggregate all assessments imposed under this section and Section
2857 34A-2-202 or 59-9-101 to determine whether the total assessment obligation shall be paid in
2858 quarterly installments in accordance with Sections 34A-2-202 and 59-9-104 .
2859 (5) The commission shall promptly remit the assessment collected under Subsection (2)
2860 to the state treasurer for credit to the Employers' Reinsurance Fund created under Section
2861 [ 35A-3-702 ] 34A-2-702 .
2862 Section 66. Section 59-10-405 is amended to read:
2863 59-10-405. Voluntary withholding agreements.
2864 (1) The commission may by rule provide for withholding:
2865 (a) from remuneration for services performed by an employee for the employee's employer
2866 that, without regard to this section, does not constitute wages; or
2867 (b) from any other type of payment with respect to which the commission finds that
2868 withholding would be appropriate under this part if the employer and the employee, or in the case
2869 of any other type of payment the person making and the person receiving the payment, agree to the
2870 withholding.
2871 (2) The agreement provided for in Subsection (1)(b) shall be made in a form and manner
2872 as the commission may by rule prescribe.
2873 (3) For purposes of this part, remuneration or other payments with respect to which an
2874 agreement provided for in Subsection (1), other than election made pursuant to Section [ 35-4-407 ]
2875 35A-4-407 , is made shall be treated as if they were wages paid by an employer to an employee to
2876 the extent that such remuneration is paid or other payments are made during the period for which
2877 the agreement is in effect.
2878 Section 67. Section 59-12-201 is amended to read:
2879 59-12-201. Title.
2880 This part [shall be] is known as ["The] the "Local Sales and Use Tax Act."

2881 Section 68. Section 59-12-702 is amended to read:
2882 59-12-702. Definitions.
2883 As used in this part:
2884 (1) "Botanical organization" means any private or public nonprofit organization or
2885 administrative unit of a private or public nonprofit organization having as its primary purpose the
2886 advancement and preservation of plant science through horticultural display, botanical research,
2887 and community education.
2888 (2) (a) "Cultural organization" means:
2889 (i) a nonprofit institutional organization or an administrative unit of a nonprofit
2890 institutional organization having as its primary purpose the advancement and preservation of:
2891 (A) natural history;
2892 (B) art;
2893 (C) music;
2894 (D) theater; or
2895 (E) dance; and
2896 (ii) for purposes of Subsections 59-12-704 (1)(d) and [ 59-12-704 ](6) includes:
2897 (A) a nonprofit institutional organization or administrative unit of a nonprofit institutional
2898 organization having as its primary purpose the advancement and preservation of history;
2899 (B) a municipal or county cultural council having as its primary purpose the advancement
2900 and preservation of:
2901 (I) history;
2902 (II) natural history;
2903 (III) art;
2904 (IV) music;
2905 (V) theater; or
2906 (VI) dance.
2907 (b) "Cultural organization" does not include:
2908 (i) any agency of the state;
2909 (ii) except as provided in Subsection (2)(a)(ii)(B), any political subdivision of the state;
2910 (iii) any educational institution whose annual revenues are directly derived more than 50%
2911 from state funds; or

2912 (iv) any radio or television broadcasting network or station, cable communications system,
2913 newspaper, or magazine.
2914 (3) "Recreational facility" means any publicly owned or operated park, campground,
2915 marina, dock, golf course, playground, athletic field, gymnasium, swimming pool, or other facility
2916 used for recreational purposes.
2917 (4) In a county of the first class, "zoological facilities" means any buildings, exhibits,
2918 utilities and infrastructure, walkways, pathways, roadways, offices, administration facilities, public
2919 service facilities, educational facilities, enclosures, public viewing areas, animal barriers, animal
2920 housing, animal care facilities, and veterinary and hospital facilities related to the advancement,
2921 exhibition, or preservation of mammals, birds, reptiles, or amphibians.
2922 (5) (a) (i) Except as provided in Subsection (5)(a)(ii), " zoological organization" means
2923 a nonprofit institutional organization having as its primary purpose the advancement and
2924 preservation of zoology.
2925 (ii) In a county of the first class, "zoological organization" means a nonprofit organization
2926 having as its primary purpose the advancement and exhibition of mammals, birds, reptiles, and
2927 amphibians to an audience of 500,000 or more persons annually.
2928 (b) "Zoological organization" does not include any agency of the state, educational
2929 institution, radio or television broadcasting network or station, cable communications system,
2930 newspaper, or magazine.
2931 Section 69. Section 59-23-4 is amended to read:
2932 59-23-4. Brine shrimp royalty -- Royalty rate -- Commission to prescribe valuation
2933 methodology -- Deposit of revenue.
2934 (1) There is levied a brine shrimp royalty of .035 of the value of unprocessed brine shrimp
2935 eggs.
2936 (2) (a) The commission shall annually determine the value of unprocessed brine shrimp
2937 eggs in accordance with a valuation methodology established by the commission in rule.
2938 (b) Each person who harvests brine shrimp eggs shall file, in a form prescribed by the
2939 commission, a sworn statement with the commission by August 1 of each year. The statement
2940 shall set out in detail any information required by the commission.
2941 (3) All revenue generated by the brine shrimp royalty shall be deposited in the Species
2942 Protection Account created in Section [ 63-34-13 ] 63-34-14 .

2943 Section 70. Section 62A-4a-403 is amended to read:
2944 62A-4a-403. Reporting requirements.
2945 (1) Except as provided in Subsection (2), when any person including persons licensed
2946 under Title 58, Chapter [12, Part 5] 67, Utah Medical Practice Act, or Title 58, Chapter [31] 31b,
2947 Nurse Practice Act, has reason to believe that a child has been subjected to incest, molestation,
2948 sexual exploitation, sexual abuse, physical abuse, or neglect, or who observes a child being
2949 subjected to conditions or circumstances which would reasonably result in sexual abuse, physical
2950 abuse, or neglect, he shall immediately notify the nearest peace officer, law enforcement agency,
2951 or office of the division. On receipt of this notice, the peace officer or law enforcement agency
2952 shall immediately notify the nearest office of the division. If an initial report of child abuse or
2953 neglect is made to the division, the division shall immediately notify the appropriate local law
2954 enforcement agency. The division shall, in addition to its own investigation, comply with and lend
2955 support to investigations by law enforcement undertaken pursuant to a report made under this
2956 section.
2957 (2) The notification requirements of Subsection (1) do not apply to a clergyman or priest,
2958 without the consent of the person making the confession, with regard to any confession made to
2959 him in his professional character in the course of discipline enjoined by the church to which he
2960 belongs, if:
2961 (a) the confession was made directly to the clergyman or priest by the perpetrator; and
2962 (b) the clergyman or priest is, under canon law or church doctrine or practice, bound to
2963 maintain the confidentiality of that confession.
2964 (3) (a) When a clergyman or priest receives information about abuse or neglect from any
2965 source other than confession of the perpetrator, he is required to give notification on the basis of
2966 that information even though he may have also received a report of abuse or neglect from the
2967 confession of the perpetrator.
2968 (b) Exemption of notification requirements for a clergyman or priest does not exempt a
2969 clergyman or priest from any other efforts required by law to prevent further abuse or neglect by
2970 the perpetrator.
2971 Section 71. Section 63-9a-6 is amended to read:
2972 63-9a-6. Obligations issued by authority -- Limitation of liability on obligations --
2973 Limitation on amount of obligations issued.

2974 (1) All obligations issued by the authority under this chapter shall be limited obligations
2975 of the authority and shall not constitute, nor give rise to, a general obligation or liability of, nor a
2976 charge against the general credit or taxing power of, this state or any of its political subdivisions.
2977 This limitation shall be plainly stated upon all obligations.
2978 (2) (a) No authority obligations incurred under this section may be issued in an amount
2979 exceeding the difference between the total indebtedness of the state and an amount equal to 1 1/2%
2980 of the value of the taxable property of the state.
2981 (b) Debt issued under authority of Title 63B, Chapter 6, Part 2, 1997 Highway General
2982 Obligation Bond Authorization, and Title 63B, Chapter 6, Part 3, 1997 Highway Bond
2983 Anticipation Note Authorization, may not be included as part of the total indebtedness of the state
2984 of Utah in determining the debt limit established by this Subsection (2).
2985 (c) Debt issued under authority of Section [ 63B-7-510 ] 63B-7-503 may not be included
2986 as part of the total indebtedness of the state in determining the debt limit established by this
2987 Subsection (2).
2988 (3) The obligations shall be authorized by resolution of the authority, following approval
2989 of the Legislature, and may:
2990 (a) be executed and delivered at any time, and from time to time, as the authority may
2991 determine;
2992 (b) be sold at public or private sale in the manner and at the prices, either at, in excess of,
2993 or below their face value and at such times as the authority may determine;
2994 (c) be in the form and denominations as the authority may determine;
2995 (d) be of the tenor as the authority may determine;
2996 (e) be in registered or bearer form either as to principal or interest or both;
2997 (f) be payable in those installments and at the times as the authority may determine;
2998 (g) be payable at the places, either within or without this state, as the authority may
2999 determine;
3000 (h) bear interest at the rate or rates, payable at the place or places, and evidenced in the
3001 manner, as the authority may determine;
3002 (i) be redeemable prior to maturity, with or without premium;
3003 (j) contain such other provisions not inconsistent with this chapter as shall be deemed for
3004 the best interests of the authority and provided for in the proceedings of the authority under which

3005 the bonds shall be authorized to be issued; and
3006 (k) bear facsimile signatures and seals.
3007 (4) The authority may pay any expenses, premiums or commissions, which it deems
3008 necessary or advantageous in connection with the authorization, sale, and issuance of these
3009 obligations, from the proceeds of the sale of the obligations or from the revenues of the projects
3010 involved.
3011 Section 72. Section 63-38-2 is amended to read:
3012 63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
3013 Appropriations based on current tax laws and not to exceed estimated revenues.
3014 (1) (a) The governor shall, within three days after the convening of the Legislature in the
3015 annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
3016 officer of each house of the Legislature together with a schedule for all of the proposed
3017 appropriations of the budget, clearly itemized and classified.
3018 (b) The budget message shall include a projection of estimated revenues and expenditures
3019 for the next fiscal year.
3020 (2) At least 34 days before the submission of any budget, the governor shall deliver a
3021 confidential draft copy of his proposed budget recommendations to the Office of the Legislative
3022 Fiscal Analyst.
3023 (3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
3024 revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
3025 (b) The budget may be accompanied by a separate document showing proposed
3026 expenditures and estimated revenues based on changes in state tax laws or rates.
3027 (4) The budget shall be accompanied by a statement showing:
3028 (a) the revenues and expenditures for the last fiscal year;
3029 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds
3030 of the state;
3031 (c) an estimate of the state's financial condition as of the beginning and the end of the
3032 period covered by the budget;
3033 (d) a complete analysis of lease with an option to purchase arrangements entered into by
3034 state agencies;
3035 (e) the recommendations for each state agency for new full-time employees for the next

3036 fiscal year; which recommendation should be provided also to the State Building Board under
3037 Subsection 63A-5-103 (2);
3038 (f) any explanation the governor may desire to make as to the important features of the
3039 budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
3040 revenue; and
3041 (g) the information detailing certain regulatory fee increases required by Section 63-38-3.2 .
3042 (5) The budget shall include an itemized estimate of the appropriations for:
3043 (a) the Legislative Department as certified to the governor by the president of the Senate
3044 and the speaker of the House;
3045 (b) the Executive Department;
3046 (c) the Judicial Department as certified to the governor by the state court administrator;
3047 (d) payment and discharge of the principal and interest of the indebtedness of the state of
3048 Utah;
3049 (e) the salaries payable by the state under the Utah Constitution or under law for the lease
3050 agreements planned for the next fiscal year;
3051 (f) other purposes that are set forth in the Utah Constitution or under law; and
3052 (g) all other appropriations.
3053 (6) Deficits or anticipated deficits shall be included in the budget.
3054 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
3055 from the proper state officials, including public and higher education officials, all heads of
3056 executive and administrative departments and state institutions, bureaus, boards, commissions, and
3057 agencies expending or supervising the expenditure of the state moneys, and all institutions
3058 applying for state moneys and appropriations, itemized estimates of revenues and expenditures.
3059 The entities required by this subsection to submit itemized estimates of revenues and expenditures
3060 to the governor, shall also report to the Utah Information Technology Commission created in Title
3061 63D, Chapter 1, before October 30 of each year. The report to the Information Technology
3062 Commission shall include the proposed information technology expenditures and objectives, the
3063 proposed appropriation requests and other sources of revenue necessary to fund the proposed
3064 expenditures and an analysis of:
3065 (A) the entity's need for appropriations for information technology;
3066 (B) how the entity's development of information technology coordinates with other state

3067 or local government entities;
3068 (C) any performance measures used by the entity for implementing information technology
3069 goals; and
3070 (D) any efforts to develop public/private partnerships to accomplish information
3071 technology goals.
3072 (ii) (A) The governor may also require other information under these guidelines and at
3073 times as the governor may direct.
3074 (B) These guidelines may include a requirement for program productivity and performance
3075 measures, where appropriate, with emphasis on outcome indicators.
3076 (b) The estimate for the Legislative Department as certified by the presiding officers of
3077 both houses shall be included in the budget without revision by the governor. Before preparing
3078 the estimates for the Legislative Department, the Legislature shall report to the Information
3079 Technology Commission the proposed information technology expenditures and objectives, the
3080 proposed appropriation requests and other sources of revenue necessary to fund the proposed
3081 expenditures, including an analysis of:
3082 (i) the Legislature's implementation of information technology goals;
3083 (ii) any coordination of information technology with other departments of state and local
3084 government;
3085 (iii) any efforts to develop public/private partnerships to accomplish information
3086 technology goals; and
3087 (iv) any performance measures used by the entity for implementing information technology
3088 goals.
3089 (c) The estimate for the Judicial Department, as certified by the state court administrator,
3090 shall also be included in the budget without revision, but the governor may make separate
3091 recommendations on it. Before preparing the estimates for the Judicial Department, the state court
3092 administrator shall report to the Information Technology Commission the proposed information
3093 technology expenditures and objectives, the proposed appropriation requests and other sources of
3094 revenue necessary to fund the proposed expenditures, including an analysis of:
3095 (i) the Judicial Department's information technology goals;
3096 (ii) coordination of information technology statewide between all courts;
3097 (iii) any efforts to develop public/private partnerships to accomplish information

3098 technology goals; and
3099 (iv) any performance measures used by the entity for implementing information technology
3100 goals.
3101 (d) Before preparing the estimates for the State Office of Education, the state
3102 superintendent shall report to the Information Technology Commission the proposed information
3103 technology expenditures and objectives, the proposed appropriation requests and other sources of
3104 revenue necessary to fund the proposed expenditures, including an analysis of:
3105 (i) the Office of Education's information technology goals;
3106 (ii) coordination of information technology statewide between all public schools;
3107 (iii) any efforts to develop public/private partnerships to accomplish information
3108 technology goals; and
3109 (iv) any performance measures used by the Office of Education for implementing
3110 information technology goals.
3111 (e) Before preparing the estimates for the state system of Higher Education, the
3112 commissioner shall report to the Information Technology Commission the proposed information
3113 technology expenditures and objectives, the proposed appropriation requests and other sources of
3114 revenue necessary to fund the proposed expenditures, including an analysis of:
3115 (i) Higher Education's information technology goals;
3116 (ii) coordination of information technology statewide within the state system of higher
3117 education;
3118 (iii) any efforts to develop public/private partnerships to accomplish information
3119 technology goals; and
3120 (iv) any performance measures used by the state system of higher education for
3121 implementing information technology goals.
3122 (f) The governor may require the attendance at budget meetings of representatives of
3123 public and higher education, state departments and institutions, and other institutions or individuals
3124 applying for state appropriations.
3125 (g) The governor may revise all estimates, except those relating to the Legislative
3126 Department, the Judicial Department, and those providing for the payment of principal and interest
3127 to the state debt and for the salaries and expenditures specified by the Utah Constitution or under
3128 the laws of the state.

3129 (8) The total appropriations requested for expenditures authorized by the budget may not
3130 exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal
3131 year.
3132 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
3133 not affect the budget itself or any other item in it.
3134 (10) (a) In submitting the budget for the Departments of Health and Human Services, the
3135 governor shall consider a separate recommendation in his budget for funds to be contracted to:
3136 (i) local mental health authorities under Section 17A-3-606 ;
3137 (ii) local substance abuse authorities under Section 62A-8-110.5 ;
3138 (iii) area agencies under Section 62A-3-104.2 ;
3139 (iv) programs administered directly by and for operation of the Divisions of Mental Health,
3140 Substance Abuse, and Aging and Adult Services; and
3141 (v) local health departments under Title 26A, Chapter 1, Local Health Departments.
3142 (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
3143 shall consider an amount sufficient to grant local health departments, local mental health
3144 authorities, local substance abuse authorities, and area agencies the same percentage increase for
3145 wages and benefits that he includes in his budget for persons employed by the state.
3146 (c) If the governor does not include in his budget an amount sufficient to grant the increase
3147 described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
3148 for not including that amount.
3149 (11) (a) In submitting the budget for the Division of Services for People with Disabilities
3150 within the Department of Human Services, the governor shall consider an amount sufficient to
3151 grant employees of private nonprofit corporations that contract with that division, the same
3152 percentage increase for cost-of-living that he includes in his budget for persons employed by the
3153 state.
3154 (b) If the governor does not include in his budget an amount sufficient to grant the increase
3155 described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
3156 for not including that amount.
3157 (12) (a) The Families, Agencies, and Communities Together Council may propose to the
3158 governor under Subsection 63-75-4 [(3)](4)(e) a budget recommendation for collaborative service
3159 delivery systems operated under Section 63-75-6.5 .

3160 (b) The Legislature may, through a specific program schedule, designate funds
3161 appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .
3162 (13) The governor shall include in his budget the state's portion of the budget for the Utah
3163 Communications Agency Network established in Title 63C, Chapter 7, Utah Communications
3164 Agency Network Act.
3165 Section 73. Section 63-46b-1 is amended to read:
3166 63-46b-1. Scope and applicability of chapter.
3167 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
3168 superseding provisions of this chapter by explicit reference to this chapter, the provisions of this
3169 chapter apply to every agency of the state and govern:
3170 (a) all state agency actions that determine the legal rights, duties, privileges, immunities,
3171 or other legal interests of one or more identifiable persons, including all agency actions to grant,
3172 deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
3173 (b) judicial review of these actions.
3174 (2) This chapter does not govern:
3175 (a) the procedures for making agency rules, or the judicial review of those procedures or
3176 rules;
3177 (b) the issuance of any notice of a deficiency in the payment of a tax, the decision to waive
3178 penalties or interest on taxes, the imposition of and penalties or interest on taxes, or the issuance
3179 of any tax assessment, except that this chapter governs any agency action commenced by a
3180 taxpayer or by another person authorized by law to contest the validity or correctness of those
3181 actions;
3182 (c) state agency actions relating to extradition, to the granting of pardons or parole,
3183 commutations or terminations of sentences, or to the rescission, termination, or revocation of
3184 parole or probation, [to actions and decisions of the Psychiatric Security Review Board relating
3185 to discharge, conditional release, or retention of persons under its jurisdiction,] to the discipline
3186 of, resolution of grievances of, supervision of, confinement of, or the treatment of inmates or
3187 residents of any correctional facility, the Utah State Hospital, the Utah State Developmental
3188 Center, or persons in the custody or jurisdiction of the Division of Mental Health, or persons on
3189 probation or parole, or judicial review of those actions;
3190 (d) state agency actions to evaluate, discipline, employ, transfer, reassign, or promote

3191 students or teachers in any school or educational institution, or judicial review of those actions;
3192 (e) applications for employment and internal personnel actions within an agency
3193 concerning its own employees, or judicial review of those actions;
3194 (f) the issuance of any citation or assessment under Title 34A, Chapter 6, Utah
3195 Occupational Safety and Health Act, and Title 58, Chapter 55, Utah Construction Trades Licensing
3196 Act, except that this chapter governs any agency action commenced by the employer, licensee, or
3197 other person authorized by law to contest the validity or correctness of the citation or assessment;
3198 (g) state agency actions relating to management of state funds, the management and
3199 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
3200 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
3201 the state, except as provided in those contracts, or judicial review of those actions;
3202 (h) state agency actions under Title 7, Chapter 1, Article 3, Powers and Duties of
3203 Commissioner of Financial Institutions; and Title 7, Chapter 2, Possession of Depository
3204 Institution by Commissioner; Title 7, Chapter 19, Acquisition of Failing Depository Institutions
3205 or Holding Companies; and Title 63, Chapter 30, Utah Governmental Immunity Act, or judicial
3206 review of those actions;
3207 (i) the initial determination of any person's eligibility for unemployment benefits, the
3208 initial determination of any person's eligibility for benefits under Title 34A, Chapter 2, Workers'
3209 Compensation, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
3210 determination of a person's unemployment tax liability;
3211 (j) state agency actions relating to the distribution or award of monetary grants to or
3212 between governmental units, or for research, development, or the arts, or judicial review of those
3213 actions;
3214 (k) the issuance of any notice of violation or order under Title 26, Chapter 8, Utah
3215 Emergency Medical Services System Act; Title 19, Chapter 2, Air Conservation Act; Title 19,
3216 Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act; Title 19, Chapter
3217 5, Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19,
3218 Chapter 6, Part 4, Underground Storage Tank Act; or Title 19, Chapter 6, Part 7, Used Oil
3219 Management Act, except that this chapter governs any agency action commenced by any person
3220 authorized by law to contest the validity or correctness of the notice or order;
3221 (l) state agency actions, to the extent required by federal statute or regulation to be

3222 conducted according to federal procedures;
3223 (m) the initial determination of any person's eligibility for government or public assistance
3224 benefits;
3225 (n) state agency actions relating to wildlife licenses, permits, tags, and certificates of
3226 registration;
3227 (o) licenses for use of state recreational facilities; and
3228 (p) state agency actions under Title 63, Chapter 2, Government Records Access and
3229 Management Act, except as provided in Section 63-2-603 .
3230 (3) This chapter does not affect any legal remedies otherwise available to:
3231 (a) compel an agency to take action; or
3232 (b) challenge an agency's rule.
3233 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
3234 proceeding, or the presiding officer during an adjudicative proceeding from:
3235 (a) requesting or ordering conferences with parties and interested persons to:
3236 (i) encourage settlement;
3237 (ii) clarify the issues;
3238 (iii) simplify the evidence;
3239 (iv) facilitate discovery; or
3240 (v) expedite the proceedings; or
3241 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
3242 Rule 12(b) or Rule 56, respectively, of the Utah Rules of Civil Procedure are met by the moving
3243 party, except to the extent that the requirements of those rules are modified by this chapter.
3244 (5) (a) Declaratory proceedings authorized by Section 63-46b-21 are not governed by this
3245 chapter, except as explicitly provided in that section.
3246 (b) Judicial review of declaratory proceedings authorized by Section 63-46b-21 are
3247 governed by this chapter.
3248 (6) This chapter does not preclude an agency from enacting rules affecting or governing
3249 adjudicative proceedings or from following any of those rules, if the rules are enacted according
3250 to the procedures outlined in Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and if
3251 the rules conform to the requirements of this chapter.
3252 (7) (a) If the attorney general issues a written determination that any provision of this

3253 chapter would result in the denial of funds or services to an agency of the state from the federal
3254 government, the applicability of those provisions to that agency shall be suspended to the extent
3255 necessary to prevent the denial.
3256 (b) The attorney general shall report the suspension to the Legislature at its next session.
3257 (8) Nothing in this chapter may be interpreted to provide an independent basis for
3258 jurisdiction to review final agency action.
3259 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause
3260 shown, from lengthening or shortening any time period prescribed in this chapter, except those
3261 time periods established for judicial review.
3262 Section 74. Section 63-55-209 is amended to read:
3263 63-55-209. Repeal dates, Title 9.
3264 (1) Title 9, Chapter 1, Part 8, Commission on National and Community Service Act, is
3265 repealed July 1, 1999.
3266 (2) Title 9, Chapter 2, Part 3, Small Business Advisory Council, is repealed July 1, 1999.
3267 (3) Title 9, Chapter 2, Part 4, Enterprise Zone Act, is repealed July 1, 2008.
3268 (4) Title 9, Chapter 2, Part 7, Utah Technology Finance Corporation Act, is repealed July
3269 1, 2002.
3270 (5) Section 9-2-1208 regarding waste tire recycling loans is repealed July 1, 2000.
3271 (6) Title 9, Chapter 2, Part 16, Recycling Market Development Zone Act, is repealed July
3272 1, 2000, Sections [ 59-7-608 ] 59-7-610 and 59-10-108.7 are repealed for tax years beginning on
3273 or after January 1, 2001.
3274 (7) Title 9, Chapter 3, Part 3, Heber Valley Historic Railroad Authority, is repealed July
3275 1, 1999.
3276 (8) Title 9, Chapter 4, Part 4, Disaster Relief, is repealed July 1, 1999.
3277 (9) Title 9, Chapter 4, Part 9, Utah Housing Finance Agency Act, is repealed July 1, 2006.
3278 Section 75. Section 63-55-258 is amended to read:
3279 63-55-258. Repeal dates, Title 58.
3280 (1) Title 58, Chapter 3a, Architects Licensing Act, is repealed July 1, 2003.
3281 (2) Title 58, Chapter 5a, Podiatric Physician Licensing Act, is repealed July 1, 2002.
3282 (3) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 2008.
3283 (4) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed

3284 July 1, 2006.
3285 (5) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2005.
3286 (6) Title 58, Chapter 16a, Utah Optometry Practice Act, is repealed July 1, 1999.
3287 (7) Title 58, Chapter 17a, Pharmacy Practice Act, is repealed July 1, 2006.
3288 (8) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2003.
3289 (9) Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act, is
3290 repealed July 1, 2005.
3291 (10) Title 58, Chapter 24a, Physical Therapist Practice Act, is repealed July 1, 2003.
3292 (11) Title 58, Chapter 26, Certified Public Accountant Licensing Act, is repealed July 1,
3293 2002.
3294 (12) Title 58, Chapter 28, Veterinary Practice Act, is repealed July 1, 2004.
3295 (13) Title 58, Chapter [31] 31b, Nurse Practice Act, is repealed July 1, 2005.
3296 (14) Title 58, Chapter 37, Utah Controlled Substances Act, is repealed July 1, 2007.
3297 (15) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, is repealed July 1, 2007.
3298 (16) Title 58, Chapter 37b, Imitation Controlled Substances Act, is repealed July 1, 2007.
3299 (17) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2005.
3300 (18) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, is
3301 repealed July 1, 1999.
3302 (19) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2005.
3303 (20) Title 58, Chapter 44a, Nurse Midwife Practice Act, is repealed July 1, 2000.
3304 (21) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
3305 1, 2003.
3306 (22) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2004.
3307 (23) Title 58, Chapter 49, Dietitian Certification Act, is repealed July 1, 2005.
3308 (24) Title 58, Chapter 53, Landscape Architects Licensing Act, is repealed July 1, 2008.
3309 (25) Title 58, Chapter 58, Preneed Funeral Arrangement Act, is repealed July 1, 2001.
3310 (26) Title 58, Chapter 59, Employee Leasing Company Licensing Act, is repealed July 1,
3311 2002.
3312 (27) Title 58, Chapter 66, Utah Professional Boxing Regulation Act, is repealed July 1,
3313 2005.
3314 (28) Title 58, Chapter 67, Utah Medical Practice Act, is repealed July 1, 2006.

3315 (29) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, is repealed July 1, 2006.
3316 (30) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, is repealed July 1,
3317 2006.
3318 (31) Title 58, Chapter 71, Naturopathic Physician Practice Act, is repealed July 1, 2006.
3319 (32) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2002.
3320 (33) Title 58, Chapter 73, Chiropractic Physician Practice Act, is repealed July 1, 2006.
3321 Section 76. Section 63-55b-131 , which is renumbered from Section 63-55b-3101 is
3322 renumbered and amended to read:
3323 [63-55b-3101]. 63-55b-131. Repeal date.
3324 Section 31A-23-315 is repealed July 1, 2001.
3325 Section 77. Section 63-55b-153 , which is renumbered from Section 63-55b-5301 is
3326 renumbered and amended to read:
3327 [63-55b-5301]. 63-55b-153. Repeal Date -- Title 53A.
3328 (1) Section 53A-1-403.5 is repealed July 1, 2007.
3329 (2) Title 53, Chapter 12, State Olympic Public Safety Command Act, is repealed July 1,
3330 2002.
3331 Section 78. Section 63-55b-159 , which is renumbered from Section 63-55b-5901 is
3332 renumbered and amended to read:
3333 [63-55b-5901]. 63-55b-159. Repeal Date -- Title 59.
3334 (1) Section 59-7-604 is repealed January 1, 2002.
3335 (2) Section 59-7-611 and Sections 59-10-601 through 59-10-604 are repealed January 1,
3336 2001.
3337 (3) Section 59-9-101.1 is repealed January 1, 2001, and the department may not impose
3338 an assessment under Section 59-9-101.1 after December 31, 2000.
3339 Section 79. Section 63-55b-163 , which is renumbered from Section 63-55b-6301 is
3340 renumbered and amended to read:
3341 [63-55b-6301]. 63-55b-163. Repeal date -- Title 63, Title 63D.
3342 (1) Sections 63-63b-101 and 63-63b-102 are repealed on July 1, 2002.
3343 (2) Section 63D-1-301.6 is repealed January 1, 1999.
3344 Section 80. Section 63A-5-220 is amended to read:
3345 63A-5-220. Definitions -- Creation of Trust Fund for People with Disabilities -- Use

3346 of trust fund monies -- Feasibility study and report.
3347 (1) As used in this section:
3348 (a) "Developmental center" means the Utah State Developmental Center described in
3349 Section 62A-5-201 .
3350 (b) "Division" means the Division of Services for People with Disabilities within the
3351 Department of Human Services.
3352 (c) "Fund" means the Trust Fund for People with Disabilities created by this section.
3353 (2) Notwithstanding the provisions of Section 63A-5-215 , any monies received by the
3354 division from the sale, lease, except any lease existing on May 1, 1995, or other disposition of real
3355 property associated with the developmental center shall be deposited in the fund.
3356 (3) (a) There is created a restricted account within the General Fund entitled the "Trust
3357 Fund for People with Disabilities."
3358 (b) The Division of Finance shall deposit the following revenues into the fund:
3359 (i) revenue from the sale, lease, except any lease existing on May 1, 1995, or other
3360 disposition of real property associated with the developmental center;
3361 (ii) revenue from the sale, lease, or other disposition of water rights associated with the
3362 developmental center; and
3363 (iii) revenue from voluntary contributions made to the fund.
3364 (c) Notwithstanding the provisions of Section 65A-4-1 , any sale or disposition of real
3365 property or water rights associated with the developmental center shall be conducted as provided
3366 in this Subsection (3)(c).
3367 (i) The division shall secure the approval of the governor through the director of the
3368 Division of Facilities Construction and Management before making the sale or other disposition
3369 of land or water rights.
3370 (ii) The Division of Facilities Construction and Management shall sell or otherwise dispose
3371 of the land or water rights as directed by the governor.
3372 (d) The state treasurer shall invest monies contained in the fund according to the
3373 procedures and requirements of Title 51, Chapter 7, State Money Management Act, and all interest
3374 shall remain with the fund.
3375 (e) (i) Except as provided in Subsection (3)(e)(ii), no expenditure or appropriation may be
3376 made from the fund.

3377 (ii) (A) The Legislature may appropriate interest earned on fund monies invested pursuant
3378 to Subsection (3)(d), leases from real property and improvements, [and] leases from water, rents,
3379 and fees to the Division of Services for People with Disabilities within the Department of Human
3380 Services for use by that division for programs described in Title 62A, Chapter 5, Services to
3381 People with Disabilities.
3382 (B) Fund monies appropriated each year under Subsection (3)(e)(ii)(A) may not be
3383 expended unless approved by the Board of Services for People with Disabilities within the
3384 Department of Human Services.
3385 (4) By July 1, 1998, the Board of Regents shall:
3386 (a) review the advisability of leasing developmental center land by Utah Valley State
3387 College;
3388 (b) in conducting their review, consult with the Division of Facilities Construction and
3389 Management about the advantages and disadvantages of the leasing and purchasing options;
3390 (c) if the board determines that a lease or purchase is advisable, identify which land should
3391 be acquired, the terms of the lease or purchase, and the financing mechanism to be used; and
3392 (d) report its findings, conclusions, and recommendations to the Education Interim
3393 Committee, the Health and Human Services Interim Committee, and the Executive Appropriations
3394 Interim Committee.
3395 Section 81. Section 63C-3-104 is amended to read:
3396 63C-3-104. Duties of commission.
3397 The Health Policy Commission shall report to the Legislature and the governor on the
3398 following issues in accordance with Section 63C-3-101 :
3399 (1) (a) Each year, the commission may consider and make recommendations on the
3400 following:
3401 (i) federal health care reform and its impact on the state, including recommendations to
3402 respond to federal health initiatives;
3403 (ii) proposals for Medicaid reform and federal Medicaid waivers;
3404 (iii) evaluation of Medicare and its relationship to Utah's reform;
3405 (iv) impact of state initiatives on access, quality, and cost;
3406 (v) impact of market structure on competition;
3407 (vi) simplification of the administrative process;

3408 (vii) feasibility of establishing a statewide health information repository for the purpose
3409 of gathering statistical information about providers, practice parameters, cost, quality, and access,
3410 while protecting confidential information containing personal identifiers of patients from inclusion
3411 in any data base, except a data base created in accordance with Title 26, Chapter 33a, Utah Health
3412 Data Authority Act;
3413 (viii) review the need for, and revisions to benefit plans;
3414 (ix) the impact of federal and state health care reform on the viability of academic health
3415 centers in Utah; and
3416 (x) other issues that are discovered during the planning process.
3417 (b) The commission may change the order in which it considers and makes
3418 recommendations on the issues described in Subsections (2) through (8) and may consider other
3419 issues as it considers necessary to promote the purposes of this chapter.
3420 (2) By December 1, 1995:
3421 (a) advisability of, and if recommended, formation of a purchasing cooperative for
3422 individuals and employers with 50 or fewer employees, including structure, membership, costs,
3423 benefit plans, and health plan approval criteria;
3424 (b) impact of medical savings accounts in the health care market;
3425 (c) plan to address special population needs;
3426 (d) plan to continue the following insurance reform implementation and refinement:
3427 (i) systemwide community rating;
3428 (ii) portability;
3429 (iii) guaranteed issue; and
3430 (iv) risk adjustment mechanism;
3431 (e) [continue] continued development of the rural health plan, including the study and
3432 monitoring of the impact of managed health care plans in frontier areas of the state, and any
3433 consequences such plans have on the cost of medical care and access to health care providers in
3434 rural-frontier areas of the state;
3435 (f) [continue] continued development of cost/quality monitoring process; and
3436 (g) health care provider education reform emphasizing primary care and financing the
3437 health care provider education system.
3438 (3) By December 1, 1996:

3439 (a) alternatives to capitated reimbursement;
3440 (b) final recommendations for rural health plan; and
3441 (c) feasibility of including the following in a benefit plan:
3442 (i) alcohol and drug treatment;
3443 (ii) long-term care; and
3444 (iii) integrating worker's compensation and automobile/health insurance.
3445 (4) By December 1, 1997:
3446 (a) mental health care reform;
3447 (b) long-term care initiatives;
3448 (c) advisability of, and if recommended, formation of a purchasing cooperative for the
3449 public sector; and
3450 (d) advisability of rating health insurance premiums based on lifestyle choices that affect
3451 health care expenditures, including the consumption of alcohol or tobacco and other behaviors that
3452 increase health risks.
3453 (5) By December 1, 1998:
3454 (a) feasibility of including Medicaid in a purchasing cooperative;
3455 (b) [continue] continued development of mental health care reforms;
3456 (c) [continue] continued review of benefit plans; and
3457 (d) study and make recommendations on health care consumer education, information, and
3458 advocacy.
3459 (6) By December 1, 1999:
3460 (a) evaluate the purchasing cooperatives;
3461 (b) evaluate the advisability of expanding purchasing cooperative to employers with 50
3462 to 100 employees;
3463 (c) evaluate need for employer/individual mandates; and
3464 (d) evaluate future needs of or for the uninsurable risk pool.
3465 (7) By December 1, 2000, a comprehensive report and review on the implementation and
3466 effectiveness of the state's health care reform.
3467 (8) The issues listed in this section are intended only to be study items for the commission.
3468 They do not represent a predetermined final outcome of that study. Any implementation of
3469 recommendations resulting from the study remain the prerogative of the Legislature.

3470 Section 82. Section 63C-7-211 is amended to read:
3471 63C-7-211. Annual report to governor and Legislature -- Contents -- Audit by state
3472 auditor -- Reimbursement for costs.
3473 (1) The Utah Communications Agency Network shall, following the close of each fiscal
3474 year, submit an annual report of its activities for the preceding year to the governor and the
3475 Legislature. Each report shall set forth a complete operating and financial statement of the agency
3476 during the fiscal year it covers.
3477 (2) The state auditor shall at least once in each year audit the books and accounts of the
3478 Utah Communications Agency Network or shall contract with an independent certified public
3479 accountant for this audit. The audit shall include a review of the procedures adopted under the
3480 requirements of Subsection [ 67C-7-210 ] 63C-7-210 (2) and a determination as to whether the board
3481 has complied with the requirements of Subsection [ 67C-7-210 ] 63C-7-210 (2).
3482 (3) The Utah Communications Agency Network shall reimburse the state auditor from
3483 available moneys of the Utah Communications Agency Network for the actual and necessary costs
3484 of that audit.
3485 Section 83. Section 63C-9-501 is amended to read:
3486 63C-9-501. Soliciting donations.
3487 (1) The executive director, under the direction of the board, shall:
3488 (a) develop plans and programs to solicit gifts, money, and items of value from private
3489 persons, foundations, or organizations; and
3490 (b) actively solicit donations from those persons and entities.
3491 (2) (a) Property provided by those entities [are] is the property of the state and [are] is
3492 under the control of the board.
3493 (b) Subsection (2)(a) does not apply to temporary exhibits or to the personal property of
3494 persons having an office in a building on capitol hill.
3495 (3) The board shall:
3496 (a) deposit monies donated to the board into the State Capitol Fund established by this
3497 part; and
3498 (b) use gifts of money made to the board for the purpose specified by the grantor, if any.
3499 Section 84. Section 63D-1-204 is amended to read:
3500 63D-1-204. Purpose -- Duties -- Quorum.

3501 (1) The commission shall:
3502 (a) study Utah's present and future information technology needs;
3503 (b) make recommendations regarding the coordination and governance of the information
3504 technology needs for the Executive, Legislative, and Judicial Departments;
3505 (c) solicit and consider recommendations made by the governor, Judiciary, Legislature,
3506 and the public regarding information technology;
3507 (d) consider the scope of the Public Service Commission's authority to regulate
3508 information technology;
3509 (e) consider issues of economic development with regard to information technology;
3510 (f) (i) receive reports concerning expenditures for information technology and
3511 appropriation requests from:
3512 (A) the Executive Department as provided in Subsections 63-38-2 (7)(a)(i) and Section
3513 [ 63D-3-301 ] 63D-1-301.5 ; and
3514 (B) the Judicial and Legislative Departments; and
3515 (ii) make recommendations to Executive Appropriations and the appropriate
3516 appropriations subcommittees of the Legislature;
3517 (g) review, analyze, and study any issue concerning or related to information technology
3518 or practice that is of interest to the commission;
3519 (h) submit to the Legislature before the annual general session its reports and
3520 recommendations for information technology projects or legislation; and
3521 (i) if needed, prepare legislation concerning information technology for submission to the
3522 Legislature in its annual general session.
3523 (2) Eleven members shall be a quorum for the conduct of business.
3524 (3) The commission is authorized to prepare, publish, and distribute reports of its studies,
3525 recommendations, and statements.
3526 Section 85. Section 64-9b-2 is amended to read:
3527 64-9b-2. Definitions.
3528 As used in this [act] chapter:
3529 (1) "Department" means the Department of Corrections.
3530 (2) "Inmate" means any man or woman who is under the jurisdiction of the department and
3531 who is assigned to the Utah state prison or to a county jail.

3532 Section 86. Section 64-9b-6 is amended to read:
3533 64-9b-6. Rules.
3534 The department is authorized to promulgate rules in accordance with Title 63, Chapter 46a,
3535 the Utah Administrative Rulemaking Act, as necessary to carry out the purposes of this [act]
3536 chapter.
3537 Section 87. Section 67-19a-401 is amended to read:
3538 67-19a-401. Time limits for submission of appeal by aggrieved employee -- Voluntary
3539 termination of employment -- Group grievances.
3540 (1) Subject to the standing requirements contained in Part 3 and the restrictions contained
3541 in this part, a career service employee may have a grievance addressed by following the procedures
3542 specified in this part.
3543 (2) The employee and the person to whom the grievance is directed may agree in writing
3544 to waive or extend grievance steps 2, 3, or 4 or the time limits specified for those grievance steps,
3545 as outlined in Section 67-19a-402 .
3546 (3) Any writing made pursuant to Subsection (2) must be submitted to the administrator.
3547 (4) (a) Unless the employee meets the requirements for excusable neglect established by
3548 rule, if the employee fails to process the grievance to the next step within the time limits
3549 established in this part, he has waived his right to process the grievance or to obtain judicial review
3550 of the grievance.
3551 (b) Unless the employee meets the requirements for excusable neglect established by rule,
3552 if the employee fails to process the grievance to the next step within the time limits established in
3553 this part, the grievance is considered to be settled based on the decision made at the last step.
3554 (5) (a) Unless the employee meets the requirements for excusable neglect established by
3555 rule, an employee may submit a grievance for review under this chapter only if the employee
3556 submits the grievance:
3557 (i) within 20 working days after the event giving rise to the grievance; or
3558 (ii) within 20 working days after the employee has knowledge of the event giving rise to
3559 the grievance.
3560 (b) Notwithstanding Subsection [(4)] (5)(a), an employee may not submit a grievance more
3561 than one year after the event giving rise to the grievance.
3562 (6) A person who has voluntarily terminated his employment with the state may not submit

3563 a grievance after he has terminated his employment.
3564 (7) (a) When several employees allege the same grievance, they may submit a group
3565 grievance by following the procedures and requirements of this chapter.
3566 (b) In submitting a group grievance, each aggrieved employee shall sign the complaint.
3567 (c) The administrator and board may not treat a group grievance as a class action, but may
3568 select one aggrieved employee's grievance and address that grievance as a test case.
3569 Section 88. Section 70A-2a-534 is amended to read:
3570 70A-2a-534. Other remedies.
3571 In addition to the rights and remedies provided for lease agreements and lease disputes in
3572 this chapter, a consumer, dealer, lessee, lessor, and manufacturer of assistive technology as defined
3573 in Section 70A-2-802 may exercise rights and seek remedies pursuant to any lease agreement
3574 under Title 70A, Chapter 2, Part 8, Assistive Technology Warranty Act, as limited by Subsections
3575 70A-2-805 (4) and [ 70A-5-807 ] 70A-2-807 (4).
3576 Section 89. Section 72-7-106 is amended to read:
3577 72-7-106. Gates on B system county highways.
3578 (1) The county executive of any county may provide for the erection and maintenance of
3579 gates on the B system county highways in order to avoid the necessity of building highway fences.
3580 (2) The person for whose immediate benefit the gates are erected or maintained shall in
3581 all cases bear the expense.
3582 (3) Nothing contained in Section 72-7-105 shall be construed to prohibit any person from
3583 placing any unlocked, nonrestrictive gate across any B system county highway, or maintaining the
3584 same, with the approval of the county executive of that county.
3585 (4) A gate may not be allowed on any B system county highways except those gates
3586 allowed by the county executive in accordance with the provisions of this section. If the expense
3587 of the erection and maintenance of the allowed gates is not paid or if any lock or other device is
3588 placed upon the gates so as to make them restrictive, the county executive of that county shall
3589 notify the responsible party that their approval is terminated and the gate shall be considered to be
3590 an obstruction pursuant to Section 72-7-105 .
3591 (5) The placement or maintenance of gates with the consent of the county executive across
3592 B system county highways for the statutory period of time does not constitute or establish an
3593 abandonment by the county and does not establish an easement on behalf of the person establishing

3594 the gate.
3595 (6) A person who commits any of the following acts is guilty of a class B misdemeanor and
3596 is liable for any and all damages suffered by any party as a result of the acts:
3597 (a) leave open any gate, erected or maintained under this section;
3598 (b) unnecessarily drive over the ground adjoining the highway on which [the] a gate is
3599 erected;
3600 (c) place any lock or other restrictive device on a gate; or
3601 (d) violate any rules or regulations of any county legislative body relating to the gates
3602 within the county.
3603 (7) The provisions of this section relating to maintenance and removal of gates over B
3604 system county highways applies retrospectively to all gates in existence on April 1, 1976.
3605 Section 90. Section 72-7-204 is amended to read:
3606 72-7-204. Issuance of licenses -- Fees -- Duration -- Renewal -- Disposition of
3607 proceeds.
3608 (1) The department has the sole authority to issue licenses for the establishment,
3609 maintenance, and operation of junkyards within the limits defined in Section [ 27-7-203 ] 72-7-203 ,
3610 and shall charge a $10 license fee payable annually in advance.
3611 (2) All licenses issued under this section expire on the first day of January following the
3612 date of issue. Licenses may be renewed from year to year upon payment of the requisite fee.
3613 (3) Proceeds from the license fee shall be deposited with the state treasurer and credited
3614 to the Transportation Fund.
3615 Section 91. Section 72-7-401 is amended to read:
3616 72-7-401. Application of size, weight, and load limitations for vehicles -- Exceptions.
3617 (1) (a) Except as provided in Subsection (2), the maximum size, weight, and load
3618 limitations on vehicles under this part apply to all highways throughout the state.
3619 (b) Local authorities may not alter the limitations except as expressly provided under
3620 Sections 41-6-17 and 72-7-408 .
3621 (2) Except as specifically made applicable, the size, weight, and load limitations in this
3622 chapter do not apply to:
3623 (a) fire-fighting apparatus;
3624 (b) highway construction and maintenance equipment being operated at the site of

3625 maintenance or at a construction project as authorized by a highway authority;
3626 (c) implements of husbandry incidentally moved on a highway while engaged in an
3627 agricultural operation or incidentally moved for repair or servicing, subject to the provisions of
3628 Section 72-7-407 ;
3629 (d) vehicles transporting logs or poles from forest to sawmill:
3630 (i) when required to move upon a highway other than the national system of interstate and
3631 defense highways;
3632 (ii) if the gross vehicle weight does not exceed 80,000 pounds; and
3633 (iii) the vehicle or combination of vehicles are in compliance with Subsections
3634 72-7-404 (1) and (2)(a); and
3635 (e) tow trucks or towing vehicles under emergency conditions when:
3636 (i) it becomes necessary to move a vehicle, combination of vehicles, special mobile
3637 equipment, or objects to the nearest safe area for parking or temporary storage;
3638 (ii) no other alternative is available; and
3639 (iii) the movement is for the safety of the traveling public.
3640 (3) (a) Except when operating on the national system of interstate and defense highways,
3641 a motor vehicle carrying livestock as defined in Section 4-1-8 , or a motor vehicle carrying raw
3642 grain if the grain is being transported by the farmer from his farm to market prior to bagging,
3643 weighing, or processing, may exceed by up to 2,000 pounds the tandem axle weight limitations
3644 specified under Section 72-7-404 without obtaining an overweight permit under Section 72-7-406 .
3645 (b) Subsection (3)(a) is an exception to Sections 72-7-404 and 72-7-406 .
3646 Section 92. Section 72-7-402 is amended to read:
3647 72-7-402. Limitations as to vehicle width, height, length, and load extensions.
3648 (1) (a) Except as provided by statute, all state or federally approved safety devices and any
3649 other lawful appurtenant devices, including refrigeration units, hitches, air line connections, and
3650 load securing devices related to the safe operation of a vehicle are excluded for purposes of
3651 measuring the width and length of a vehicle under the provisions of this part, if the devices are not
3652 designed or used for carrying cargo.
3653 (b) Load-induced tire bulge is excluded for purposes of measuring the width of vehicles
3654 under the provisions of this part.
3655 (2) A vehicle unladen or with a load may not exceed a width of 8-1/2 feet.

3656 (3) A vehicle unladen or with a load may not exceed a height of 14 feet.
3657 (4) (a) (i) A single-unit vehicle, unladen or with a load, may not exceed a length of 45 feet
3658 including front and rear bumpers.
3659 (ii) In this section, a truck tractor coupled to one or more semitrailers or trailers is not
3660 considered a single-unit vehicle.
3661 (b) (i) Except as provided under Subsection (4)(b)(iii), a semitrailer, unladen or with a
3662 load, may not exceed a length of 48 feet excluding refrigeration units, hitches, air line connections,
3663 and safety appurtenances.
3664 (ii) There is no overall length limitation on a truck tractor and semitrailer combination
3665 when the semitrailer length is 48 feet or less.
3666 (iii) A semitrailer that exceeds a length of 48 feet but does not exceed a length of 53 feet
3667 may operate on a route designated by the department or within one mile of that route.
3668 (c) (i) Two trailers coupled together, unladen or with a load, may not exceed an overall
3669 length of 61 feet, measured from the front of the first trailer to the rear of the second trailer.
3670 (ii) There is no overall length limitation on a truck tractor and double trailer combination
3671 when the trailers coupled together measure 61 feet or less.
3672 (d) All other combinations of vehicles, unladen or with a load, when coupled together, may
3673 not exceed a total length of 65 feet, except the length limitations do not apply to combinations of
3674 vehicles operated at night by a public utility when required for emergency repair of public service
3675 facilities or properties, or when operated under a permit under Section 72-7-406 .
3676 (5) (a) Subject to Subsection (4), a vehicle or combination of vehicles may not carry any
3677 load extending more than three feet beyond the front of the body of the vehicle or more than six
3678 feet beyond the rear of the bed or body of the vehicle.
3679 (b) A passenger vehicle may not carry any load extending beyond the line of the fenders
3680 on the left side of the vehicle nor extending more than six inches beyond the line of the fenders on
3681 the right side of the vehicle.
3682 (6) Any exception to this section must be authorized by a permit as provided under
3683 Section 72-7-406 .
3684 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
3685 department shall make rules designating routes where a semitrailer that exceeds a length of 48 feet
3686 but that does not exceed a length of 53 feet may operate as provided under Subsection (4)(b)(iii).

3687 (8) Any person who violates this section is guilty of a class B misdemeanor.
3688 Section 93. Section 72-7-404 is amended to read:
3689 72-7-404. Maximum gross weight limitation for vehicles -- Bridge formula for weight
3690 limitations -- Minimum mandatory fines.
3691 (1) (a) As used in this section:
3692 (i) "Axle load" means the total load on all wheels whose centers may be included between
3693 two parallel transverse vertical planes 40 inches apart.
3694 (ii) "Tandem axle" means two or more axles spaced not less than 40 inches nor more than
3695 96 inches apart and having at least one common point of weight suspension.
3696 (b) The tire load rating shall be marked on the tire sidewall. A tire, wheel, or axle may not
3697 carry a greater weight than the manufacturer's rating.
3698 (2) (a) A vehicle may not be operated or moved on any highway in the state with:
3699 (i) a gross weight in excess of 10,500 pounds on one wheel;
3700 (ii) a single axle load in excess of 20,000 pounds; or
3701 (iii) a tandem axle load in excess of 34,000 pounds.
3702 (b) Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle or
3703 combination of vehicles may not exceed 80,000 pounds.
3704 (3) (a) Subject to the limitations in Subsection (2), no group of two or more consecutive
3705 axles between the first and last axle of a vehicle or combination of vehicles and no vehicle or
3706 combination of vehicles may carry a gross weight in excess of the weight provided by the
3707 following bridge formula, except as provided in Subsection (3)(b):
3708 W = 500 {LN/(N-1) + 12N+36}
3709 (i) W = overall gross weight on any group of two or more consecutive axles to the nearest
3710 500 pounds.
3711 (ii) L = distance in feet between the extreme of any group of two or more consecutive
3712 axles. When the distance in feet includes a fraction of a foot of one inch or more the next larger
3713 number of feet shall be used.
3714 (iii) N = number of axles in the group under consideration.
3715 (b) Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each
3716 if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36
3717 feet or more.

3718 (4) Any exception to this section must be authorized by an overweight permit as provided
3719 in Section 72-7-406 .
3720 (5) (a) Any person who violates this section is guilty of a class B misdemeanor except that,
3721 notwithstanding Sections 76-3-301 and 76-3-302 , the violator shall pay the largest minimum
3722 mandatory fine of either:
3723 (i) $50 plus the sum of the overweight axle fines calculated under Subsection (5)(b); or
3724 (ii) $50 plus the gross vehicle weight fine calculated under Subsection (5)(b).
3725 (b) The fine for each axle and a gross vehicle weight violation shall be calculated
3726 according to the following schedule:
3727 Number of Pounds Axle Fine (Cents Gross Vehicle
3728 Overweight per Pound for Each Weight Fine
3729 Overweight Axle) (Cents per Pound)
3730 1 - 2,000 0 0
3731 2,001 - 5,000 4 5
3732 5,001 - 8,000 5 5
3733 8,001 - 12,000 6 5
3734 12,001 - 16,000 7 5
3735 16,001 - 20,000 9 5
3736 20,001 - 25,000 11 5
3737 25,001 or more 13 5
3738 Section 94. Section 72-7-502 is amended to read:
3739 72-7-502. Definitions.
3740 As used in this part:
3741 (1) "Commercial or industrial activities" means those activities generally recognized as
3742 commercial or industrial by zoning authorities in this state, except that none of the following are
3743 commercial or industrial activities:
3744 (a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh
3745 produce stands;
3746 (b) transient or temporary activities;
3747 (c) activities not visible from the main-traveled way;
3748 (d) activities conducted in a building principally used as a residence; and

3749 (e) railroad tracks and minor sidings.
3750 (2) "Commercial or industrial zone" means only:
3751 (a) those areas within the boundaries of cities or towns that are used or reserved for
3752 business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
3753 or comprehensive local zoning ordinances or regulations;
3754 (b) those areas within the boundaries of urbanized counties that are used or reserved for
3755 business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
3756 or comprehensive local zoning ordinances or regulations;
3757 (c) those areas outside the boundaries of urbanized counties and outside the boundaries
3758 of cities and towns that:
3759 (i) are used or reserved for business, commerce, or trade, or zoned as a highway service
3760 zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and
3761 (ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
3762 from the nearest point of the beginning or ending of the pavement widening at the exit from or
3763 entrance to the main-traveled way; or
3764 (d) those areas outside the boundaries of urbanized counties and outside the boundaries
3765 of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
3766 measured from the nearest point of the beginning or ending of the pavement widening at the exit
3767 from or entrance to the main-traveled way that are reserved for business, commerce, or trade under
3768 enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually
3769 used for commercial or industrial purposes.
3770 (3) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
3771 allowing outdoor advertising.
3772 (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
3773 comprehensive plan required by Section 10-9-301 , the municipal zoning plan authorized by
3774 Section 10-9-401 , and the county master plan authorized by Sections 17-27-301 and 17-27-401 .
3775 Property that is rezoned by comprehensive local zoning ordinances or regulations is rebuttably
3776 presumed to have not been zoned for the sole purpose of allowing outdoor advertising.
3777 (5) "Directional signs" means signs containing information about public places owned or
3778 operated by federal, state, or local governments or their agencies, publicly or privately owned
3779 natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural

3780 scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the
3781 interest of the traveling public.
3782 (6) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,
3783 draw, or in any other way bring into being.
3784 (b) "Erect" does not include any activities defined in Subsection (a) if they are performed
3785 incident to the change of an advertising message or customary maintenance of a sign.
3786 (7) "Highway service zone" means a highway service area where the primary use of the
3787 land is used or reserved for commercial and roadside services other than outdoor advertising to
3788 serve the traveling public.
3789 (8) "Information center" means an area or site established and maintained at rest areas for
3790 the purpose of informing the public of:
3791 (a) places of interest within the state; or
3792 (b) any other information that the department considers desirable.
3793 (9) "Interchange or intersection" means those areas and their approaches where traffic is
3794 channeled off or onto an interstate route, excluding the deacceleration lanes, acceleration lanes,
3795 or feeder systems, from or to another federal, state, county, city, or other route.
3796 (10) "Maintain" means to allow to exist, subject to the provisions of this chapter.
3797 (11) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign
3798 structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of
3799 God.
3800 (12) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
3801 acceleration lanes, deacceleration lanes, and feeder systems, exclusive of frontage roads and ramps.
3802 For a divided highway, there is a separate main-traveled way for the traffic in each direction.
3803 (13) "Official signs and notices" means signs and notices erected and maintained by public
3804 agencies within their territorial or zoning jurisdictions for the purpose of carrying out official
3805 duties or responsibilities in accordance with direction or authorization contained in federal, state,
3806 or local law.
3807 (14) "Off-premise signs" means signs located in areas zoned industrial, commercial, or H-1
3808 and in areas determined by the department to be unzoned industrial or commercial.
3809 (15) "On-premise signs" means signs used to advertise the major activities conducted on
3810 the property where the sign is located.

3811 (16) "Outdoor advertising" means any outdoor advertising structure or outdoor structure
3812 used in combination with an outdoor advertising sign or outdoor sign.
3813 (17) "Outdoor advertising corridor" means a strip of land 350 feet wide, measured
3814 perpendicular from the edge of a controlled highway right-of-way.
3815 (18) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
3816 including any necessary devices, supports, appurtenances, and lighting that is part of or supports
3817 an outdoor sign.
3818 (19) "Point of widening" means the point of the gore or the point where the intersecting
3819 lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
3820 than 2,640 feet from the center line of the intersecting highway of the interchange or intersection
3821 at grade.
3822 (20) "Relocation" includes the removal of a sign from one situs together with the erection
3823 of a new sign upon another situs in a commercial or industrial zoned area as a substitute.
3824 (21) "Relocation and replacement" means allowing all outdoor advertising signs or permits
3825 the right to maintain outdoor advertising along the interstate, federal aid primary highway existing
3826 as of June 1, 1991, and national highway system highways to be maintained in a commercial or
3827 industrial zoned area to accommodate the displacement, remodeling, or widening of the highway
3828 systems.
3829 (22) "Remodel" means the upgrading, changing, alteration, refurbishment, modification,
3830 or complete substitution of a new outdoor advertising structure for one permitted pursuant to this
3831 [act] part and that is located in a commercial or industrial area.
3832 (23) "Rest area" means an area or site established and maintained within or adjacent to the
3833 right-of-way by or under public supervision or control for the convenience of the traveling public.
3834 (24) "Scenic or natural area" means an area determined by the department to have aesthetic
3835 value.
3836 (25) "Traveled way" means that portion of the roadway used for the movement of vehicles,
3837 exclusive of shoulders and auxiliary lanes.
3838 (26) (a) "Unzoned commercial or industrial area" means:
3839 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
3840 occupied by one or more industrial or commercial activities other than outdoor advertising signs;
3841 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to those

3842 activities; and
3843 (iii) lands covering the same dimensions that are directly opposite those activities on the
3844 other side of the highway, if the department determines that those lands on the opposite side of the
3845 highway do not have scenic or aesthetic value.
3846 (b) In measuring the scope of the unzoned commercial or industrial area, all measurements
3847 shall be made from the outer edge of the regularly used buildings, parking lots, storage, or
3848 processing areas of the activities and shall be along or parallel to the edge of pavement of the
3849 highway.
3850 (c) All signs located within an unzoned commercial or industrial area become
3851 nonconforming if the commercial or industrial activity used in defining the area ceases for a
3852 continuous period of 12 months.
3853 (27) "Urbanized county" means a county with a population of at least 125,000 persons.
3854 Section 95. Section 72-7-505 is amended to read:
3855 72-7-505. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
3856 Limit on implementation.
3857 (1) (a) Except as provided in Subsection (2), a sign face within the state may not exceed
3858 the following limits:
3859 (i) maximum area - 1,000 square feet;
3860 (ii) maximum length - 60 feet; and
3861 (iii) maximum height - 25 feet.
3862 (b) No more than two facings visible and readable from the same direction on the
3863 main-traveled way may be erected on any one sign structure. Whenever two facings are so
3864 positioned, neither shall exceed the maximum allowed square footage.
3865 (c) Two or more advertising messages on a sign face and double-faced, back-to-back,
3866 stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces
3867 enjoy common ownership.
3868 (d) A changeable message sign is permitted if the interval between message changes is not
3869 more frequent than at least eight seconds and the actual message rotation process is accomplished
3870 in three seconds or less.
3871 (2) (a) An outdoor sign structure located inside the unincorporated area of a nonurbanized
3872 county may have the maximum height allowed by the county for outdoor advertising structures in

3873 the commercial or industrial zone in which the sign is located. If no maximum height is provided
3874 for the location, the maximum sign height may be 65 feet above the ground or 25 feet above the
3875 grade of the main traveled way, whichever is greater.
3876 (b) An outdoor sign structure located inside an incorporated municipality or urbanized
3877 county may have the maximum height allowed by the municipality or urbanized county for outdoor
3878 advertising structures in the commercial or industrial zone in which the sign is located. If no
3879 maximum height is provided for the location, the maximum sign height may be 65 feet above the
3880 ground or 25 feet above the grade of the main traveled way, whichever is greater.
3881 (3) Except as provided in Section 72-7-509 :
3882 (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
3883 72-7-504 (1) or in H-1 zones may not be closer than 500 feet to an existing off-premise sign
3884 adjacent to an interstate highway or limited access primary highway, except that signs may be
3885 erected closer than 500 feet if the signs on the same side of the interstate highway or limited access
3886 primary highway are not simultaneously visible.
3887 (b) Signs may not be located within 500 feet of any of the following which are adjacent
3888 to the highway, unless the signs are in an incorporated area:
3889 (i) public parks;
3890 (ii) public forests;
3891 (iii) public playgrounds;
3892 (iv) areas designated as scenic areas by the department or other state agency having and
3893 exercising this authority; or
3894 (v) cemeteries.
3895 (c) (i) (A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate
3896 highway or limited access highway on the primary system within 500 feet of an interchange, or
3897 intersection at grade, or rest area measured along the interstate highway or freeway from the sign
3898 to the nearest point of the beginning or ending of pavement widening at the exit from or entrance
3899 to the main-traveled way.
3900 (B) Interchange and intersection distance limitations shall be measured separately for each
3901 direction of travel. A measurement for each direction of travel may not control or affect any other
3902 direction of travel.
3903 (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning or

3904 ending of pavement widening at the exit from or entrance to the main-traveled way, if:
3905 (A) the sign is at least 500 feet but not more than 2,640 feet from the nearest point of the
3906 intersecting highway of the interchange; or
3907 (B) the sign is replacing an existing outdoor advertising use or structure which is being
3908 removed or displaced to accommodate the widening, construction, or reconstruction of an
3909 interstate, federal aid primary highway existing as of June 1, 1991, or national highway system
3910 highway, and it is located in a commercial or industrial zoned area inside an urbanized county or
3911 an incorporated municipality.
3912 (d) The location of signs situated on nonlimited access primary highways in commercial,
3913 industrial, or H-1 zoned areas between streets, roads, or highways entering the primary highway
3914 shall not exceed the following minimum spacing criteria:
3915 (i) Where the distance between centerlines of intersecting streets, roads, or highways is less
3916 than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted between the
3917 intersecting streets or highways.
3918 (ii) Where the distance between centerlines of intersecting streets, roads, or highways is
3919 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
3920 (e) All outdoor advertising shall be erected and maintained within the outdoor advertising
3921 corridor.
3922 (4) Subsection (3)(c)(ii) may not be implemented until:
3923 (a) the Utah-Federal Agreement for carrying out national policy relative to control of
3924 outdoor advertising in areas adjacent to the national system of interstate and defense highways and
3925 the federal-aid primary system is modified to allow the sign placement specified in Subsection
3926 (3)(c)(ii); and
3927 (b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state
3928 and the United States Secretary of Transportation.
3929 Section 96. Section 72-7-510 is amended to read:
3930 72-7-510. Existing outdoor advertising not in conformity with part -- Procedure --
3931 Eminent domain -- Compensation -- Relocation.
3932 (1) As used in this section, "nonconforming sign" means a sign that has been erected in
3933 a zone or area other than commercial or industrial or where outdoor advertising is not permitted
3934 under this part.

3935 (2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent
3936 domain, any existing outdoor advertising and all property rights pertaining to the outdoor
3937 advertising which were lawfully in existence on May 9, 1967, and which by reason of this part
3938 become nonconforming.
3939 (b) If the department, or any town, city, county, governmental entity, public utility, or any
3940 agency or the United States Department of Transportation under this part, prevents the
3941 maintenance as defined in Section 72-7-502 , or requires that maintenance of an existing sign be
3942 discontinued, the sign in question shall be considered acquired by the entity and just compensation
3943 will become immediately due and payable.
3944 (c) Eminent domain shall be exercised in accordance with the provision of Title 78,
3945 Chapter 34, Eminent Domain.
3946 (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
3947 pertaining to the same, including the right of the landowner upon whose land a sign is located,
3948 acquired through the processes of eminent domain.
3949 (b) For the purposes of this part, just compensation shall include the consideration of
3950 damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
3951 company's interest, which remaining properties, together with the properties actually condemned,
3952 constituted an economic unit.
3953 (c) The department is empowered to remove signs found in violation of Section 72-7-508
3954 without payment of any compensation.
3955 (4) Except as specifically provided in this section or Section 72-7-513 , this part may not
3956 be construed to permit a person to place or maintain any outdoor advertising adjacent to any
3957 interstate or primary highway system which is prohibited by law or by any town, city, or county
3958 ordinance. Any town, city, county, governmental entity, or public utility which requires the
3959 removal, relocation, alteration, change, or termination of outdoor advertising shall pay just
3960 compensation as defined in this part and in Title 78, Chapter 34, Eminent Domain.
3961 (5) Except as provided in Section 72-7-508 , no sign shall be required to be removed by
3962 the department nor sign maintenance as described in this section be discontinued unless at the time
3963 of removal or discontinuance there are sufficient funds, from whatever source, appropriated and
3964 immediately available to pay the just compensation required under this section and unless at that
3965 time the federal funds required to be contributed under 23 U.S.C., Sec. 131, if any, with respect

3966 to the outdoor advertising being removed, have been appropriated and are immediately available
3967 to this state.
3968 (6) (a) If any outdoor advertising use, structure, or permit may not be continued because
3969 of the widening, construction, or reconstruction along an interstate, federal aid primary highway
3970 existing as of June 1, 1991, or national highway systems highway, the owner shall have the option
3971 to relocate and remodel the use, structure, or permit to another location:
3972 (i) on the same property;
3973 (ii) on adjacent property;
3974 (iii) on the same highway within 5280 feet of the previous location, which may be
3975 extended 5280 feet outside the areas described in Subsection 72-7-505 (3)(c)(i)(A), on either side
3976 of the same highway; or
3977 (iv) mutually agreed upon by the owner and the county or municipality in which the use,
3978 structure, or permit is located.
3979 (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
3980 area or where outdoor advertising is permitted under this part.
3981 (c) The county or municipality in which the use or structure is located shall, if necessary,
3982 provide for the relocation and remodeling by ordinance for a special exception to its zoning
3983 ordinance.
3984 (d) The relocated and remodeled use or structure may be:
3985 (i) erected to a height and angle to make it clearly visible to traffic on the main-traveled
3986 way of the highway to which it is relocated or remodeled;
3987 (ii) the same size and at least the same height as the previous use or structure, but the
3988 relocated use or structure may not exceed the size and height permitted under this part;
3989 (iii) relocated to a comparable vehicular traffic count.
3990 (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes
3991 the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a) shall
3992 pay the costs related to the relocation, remodeling, or acquisition.
3993 (b) If a governmental entity prohibits the relocation and remodeling as provided in
3994 Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
3995 Section 97. Section 72-7-515 is amended to read:
3996 72-7-515. Utah-Federal Agreement -- Severability clause.

3997 (1) As used in this section, "Utah-Federal Agreement" means the agreement relating to
3998 outdoor advertising that is described under Section 72-7-501 , and it includes any modifications to
3999 the agreement that are signed on behalf of both the state and the United States Secretary of
4000 Transportation.
4001 (2) The provisions of this [act] part are subject to and shall be superseded by conflicting
4002 provisions of the Utah-Federal Agreement.
4003 (3) If any provision of this part or its application to any person or circumstance is found
4004 to be unconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, the
4005 remainder of this [act] part and the application of the provision to other persons or circumstances
4006 shall not be affected by it.
4007 Section 98. Section 72-12-109 is amended to read:
4008 72-12-109. Wage and hour regulations unaffected by ride-sharing.
4009 The fact that an employee participates in any kind of ride-sharing arrangement does not
4010 [effect] affect the application of any laws requiring payment of a minimum wage or overtime pay
4011 or otherwise regulating the hours a person may work.
4012 Section 99. Section 73-15-5 is amended to read:
4013 73-15-5. Transfer of records and data to division -- Establishment of reporting and
4014 record keeping procedures.
4015 All records and data collected by department of meteorology of the state school of mines
4016 and mineral industries of the University of Utah since [the enactment of Sections 73-15-1 and
4017 73-15-2 ] March 14, 1953, shall be transferred to the Division of Water Resources, there to be a
4018 permanent record. The Division of Water Resources shall establish forms and/or criteria for
4019 reporting data and record keeping and cause that a permanent record is kept of all pertinent data
4020 related to cloud-seeding projects, cloud-seeding research projects, or research related to other
4021 factors that may be affected by cloud-seeding activities.
4022 Section 100. Section 75-2-610 is amended to read:
4023 75-2-610. Marital deduction formulas -- Wills.
4024 For estates of decedents dying after December 31, 1981, where a decedent's will executed
4025 before September 13, 1981, contains a formula expressly providing that the decedent's spouse is
4026 to receive the maximum amount of property qualifying for the marital deduction allowable by
4027 federal law, this formula shall be construed as referring to the unlimited marital deduction

4028 allowable by federal law as amended by [U.S.C. Sec. 26,] Section 403(a)[,] of the Economic
4029 Recovery Tax Act of 1981.
4030 Section 101. Section 76-6-404.5 is amended to read:
4031 76-6-404.5. Wrongful appropriation -- Penalties.
4032 (1) A person commits wrongful appropriation if he obtains or exercises unauthorized
4033 control over the property of another, without the consent of the owner or legal custodian and with
4034 intent to temporarily appropriate, possess, or use the property or to temporarily deprive the owner
4035 or legal custodian of possession of the property.
4036 (2) The consent of the owner or legal custodian of the property to its control by the actor
4037 is not presumed or implied because of the owner's or legal custodian's consent on a previous
4038 occasion to the control of the property by any person.
4039 (3) Wrongful appropriation is punishable one degree lower than theft, as provided in
4040 Section 76-6-412 , so that a violation which would have been:
4041 (a) a second degree felony under Section 76-6-412 if it had been theft is a third degree
4042 felony if it is wrongful appropriation;
4043 (b) a third degree felony under Section 76-6-412 if it had been theft is a class A
4044 misdemeanor if it is wrongful appropriation;
4045 (c) a class A misdemeanor under Section 76-6-412 if it had been theft is a class B
4046 misdemeanor if it is wrongful appropriation; and
4047 (d) a class B misdemeanor under Section 76-6-412 if it had been theft is a class C
4048 misdemeanor if it is wrongful appropriation[; and].
4049 [(e) an act of unauthorized control of motor vehicles, trailers, or semitrailers which does
4050 not constitute theft is punishable under Section 41-1a-1311 .]
4051 Section 102. Section 77-18-9 is amended to read:
4052 77-18-9. Definitions.
4053 As used in this chapter:
4054 (1) "Administrative finding" means a decision upon a question of fact reached by an
4055 administrative agency following an administrative hearing or other procedure satisfying the
4056 requirements of due process.
4057 (2) "Certificate of eligibility" means a document issued by the division stating that the
4058 criminal record which is the subject of a petition for expungement is eligible for expungement.

4059 (3) "Conviction" means judgment by a criminal court on a verdict or finding of guilty after
4060 trial, a plea of guilty, or a plea of nolo contendere.
4061 (4) "Division" means the Law Enforcement Criminal Investigations and Technical
4062 Services Division of the Department of Public Safety established in Section [ 52-10-103 ]
4063 53-10-103 .
4064 (5) "Expungement" means the sealing or destruction of a criminal record, including records
4065 of the investigation, arrest, detention, or conviction of the petitioner.
4066 (6) "Jurisdiction" means an area of authority.
4067 (7) "Petitioner" means a person seeking expungement under this chapter.
4068 (8) Second degree forcible felony includes:
4069 (a) aggravated assault, if the person intentionally causes serious bodily injury;
4070 (b) aggravated assault by a prisoner;
4071 (c) aggravated assault on school premises;
4072 (d) intentional child abuse;
4073 (e) criminally negligent automobile homicide;
4074 (f) reckless child abuse homicide;
4075 (g) mayhem;
4076 (h) manslaughter;
4077 (i) kidnaping;
4078 (j) forcible sexual abuse;
4079 (k) robbery;
4080 (l) felony fleeing causing death or serious bodily injury; or
4081 (m) delivery of an explosive to a common carrier.
4082 Section 103. Section 77-32a-2 is amended to read:
4083 77-32a-2. Costs -- What constitute.
4084 Costs shall be limited to expenses specially incurred by the state or any political
4085 subdivision in investigating, searching for, apprehending, and prosecuting the defendant, including
4086 attorney fees of counsel assigned to represent the defendant [pursuant to Section 77-32-2 ],
4087 interpreter fees, and investigators' fees. Costs cannot include expenses inherent in providing a
4088 constitutionally guaranteed trial or expenditures in connection with the maintenance and operation
4089 of government agencies that must be made by the public irrespective of specific violations of law.

4090 Costs cannot include attorneys' fees for prosecuting attorneys.
4091 Section 104. Section 78-5-101 is amended to read:
4092 78-5-101. Creation of justice court -- Not of record.
4093 Under Article VIII, Section 1, Utah Constitution, there is created a court not of record
4094 known as the justice court. The judges of this court are justice court judges. [Except for those
4095 municipalities listed in Subsection 10-3-923 (4), a municipality or county may not establish a
4096 justice court between July 1, 1997, and July 1, 1998.]
4097 Section 105. Section 78-5-102 is amended to read:
4098 78-5-102. Offices of justice court judges.
4099 (1) Justice court judges holding office in:
4100 (a) county precincts are county justice court judges; and
4101 (b) cities or towns are municipal justice court judges.
4102 (2) With the concurrence of the governing bodies of both the county and municipality, a
4103 justice court judge may hold both the offices of county and municipal justice court judge.
4104 (3) The county legislative body may establish a single precinct or divide the county into
4105 multiple precincts to create county justice courts for public convenience.
4106 (4) (a) The governing body may assign as many justice court judges to a court as required
4107 for efficient judicial administration.
4108 (b) If more than one judge is assigned to a court, any citations, informations, or complaints
4109 within that court shall be assigned to the judges at random.
4110 (5) A municipality or county may contract with any other municipality or municipalities
4111 within the county under Title 11, Chapter 13, Interlocal Cooperation Act, to establish a justice
4112 court. A justice court established under Title 11, Chapter 13, shall meet the requirements for
4113 certification under Section 78-5-139 . A justice court established under Title 11, Chapter 13, shall
4114 have territorial jurisdiction as if established separately.
4115 [(6) Counties have the same rights and restraints as provided for municipalities with
4116 respect to assuming responsibility for the jurisdiction of justice courts provided in Section
4117 10-3-923 .]
4118 Section 106. Section 78-5-103 is amended to read:
4119 78-5-103. Territorial jurisdiction -- Voting.
4120 (1) [Except as provided in Section 10-3-923 , the] The territorial jurisdiction of county

4121 justice courts extends to the limits of the precinct for which the justice court is created and includes
4122 all cities or towns within the precinct, except cities where a municipal justice court exists.
4123 (2) The territorial jurisdiction of municipal justice courts extends to the corporate limits
4124 of the municipality in which the justice court is created.
4125 (3) The territorial jurisdiction of county and municipal justice courts functioning as
4126 magistrates extends beyond the boundaries in Subsections (1) and (2):
4127 (a) as set forth in Section 78-7-17.5 ; and
4128 (b) to the extent necessary to carry out magisterial functions under Subsection 77-7-23 (2)
4129 regarding jailed persons.
4130 (4) For election of county justice court judges, all registered voters in the county justice
4131 court precinct may vote at the judge's retention election.
4132 Section 107. Section 78-14a-101 is amended to read:
4133 78-14a-101. Definitions.
4134 As used in this chapter, "therapist" means:
4135 (1) a psychiatrist licensed to practice medicine under Section 58-67-301 , Utah Medical
4136 Practice Act or under Section 58-68-301 , Utah Osteopathic Medical Practice Act;
4137 (2) a psychologist licensed to practice psychology under Section 58-61-301 ;
4138 (3) a marriage and family therapist licensed to practice marriage and family therapy under
4139 Section 58-60-304 ;
4140 (4) a social worker licensed to practice social work under Section 58-60-204 ; and
4141 (5) a psychiatric and mental health nurse specialist licensed to practice advanced
4142 psychiatric nursing under Title 58, Chapter [31] 31b.
4143 Section 108. Section 78-30-3.5 is amended to read:
4144 78-30-3.5. Preplacement and postplacement adoptive evaluations -- Exceptions.
4145 (1) (a) Except as otherwise provided in this section, a child may not be placed in an
4146 adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive parent
4147 and the prospective adoptive home, has been conducted in accordance with the requirements of
4148 this section.
4149 (b) The court may, at any time, authorize temporary placement of a child in a potential
4150 adoptive home pending completion of a preplacement adoptive evaluation described in this
4151 section.

4152 (c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to be
4153 adopted and the prospective adoptive parent is related to that child as a step-parent, sibling by half
4154 or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the evaluation is
4155 otherwise requested by the court. The prospective adoptive parent described in this Subsection (c)
4156 shall, however, obtain the information described in Subsections (2)(a) and (b), and file that
4157 documentation with the court prior to finalization of the adoption.
4158 (d) The requirements of Subsection (1)(a) are satisfied by a previous preplacement
4159 adoptive evaluation conducted within three years prior to placement of the child, or an annual
4160 updated adoptive evaluation conducted after that three-year period or within one year after
4161 finalization of a previous adoption.
4162 (2) The preplacement adoptive evaluation shall include:
4163 (a) criminal history record information regarding each prospective adoptive parent and any
4164 other adult living in the prospective home, received from the Criminal Investigations and
4165 Technical Services Division of the Department of Public Safety, in accordance with Section
4166 53-10-108 , no earlier than 18 months immediately preceding placement of the child;
4167 (b) a report from the Department of Human Services containing all information regarding
4168 reports and investigation of child abuse, neglect, and dependency, with respect to each prospective
4169 adoptive parent and any other adult living in the prospective home, obtained no earlier than 18
4170 months immediately preceding placement of the child, pursuant to waivers executed by those
4171 parties; and
4172 (c) an evaluation conducted by an expert in family relations approved by the court or a
4173 certified social worker, clinical social worker, marriage and family therapist, psychologist,
4174 professional counselor, or other court-determined expert in family relations, who is licensed to
4175 practice under the laws of this state. The evaluation shall be in a form approved by the Department
4176 of Human Services. Neither the Department of Human Services nor any of its divisions may
4177 proscribe who qualifies as an expert in family relations or who may conduct evaluations pursuant
4178 to this Subsection (2).
4179 (3) [(a)] A copy of the preplacement adoptive evaluation shall be filed with the court.
4180 (4) (a) Except as provided in Subsections (b) and (c), a postplacement evaluation shall be
4181 conducted and submitted to the court prior to the final hearing in an adoption proceeding. The
4182 postplacement evaluation shall include:

4183 (i) verification of the allegations of fact contained in the petition for adoption;
4184 (ii) an evaluation of the progress of the child's placement in the adoptive home; and
4185 (iii) a recommendation regarding whether the adoption is in the best interest of the child.
4186 (b) The exemptions from and requirements for evaluations, described in Subsections
4187 (1)(c), (2)(c), and (3), also apply to postplacement adoptive evaluations.
4188 (c) Upon the request of the petitioner, the court may waive the postplacement adoptive
4189 evaluation, unless it determines that it is in the best interest of the child to require the
4190 postplacement evaluation.
4191 (5) If the person or agency conducting the evaluation disapproves the adoptive placement,
4192 either in the preplacement or postplacement adoptive evaluation, the court may dismiss the
4193 petition. However, upon request of a prospective adoptive parent, the court shall order that an
4194 additional preplacement or postplacement adoptive evaluation be conducted, and hold a hearing
4195 on the suitability of the adoption, including testimony of interested parties.
4196 (6) Prior to finalization of a petition for adoption the court shall review and consider the
4197 information and recommendations contained in the preplacement and postplacement adoptive
4198 studies required by this section.
4199 Section 109. Section 78-45f-202 is amended to read:
4200 78-45f-202. Procedure when exercising jurisdiction over nonresident.
4201 A tribunal of this state exercising personal jurisdiction over a nonresident under Section
4202 78-45f-201 may apply Section 78-45f-316 to receive evidence from another state, and Section
4203 [ 78-45-318 ] 78-45f-318 to obtain discovery through a tribunal of another state. In all other
4204 respects, Parts 3, 4, 5, 6, and 7 do not apply and the tribunal shall apply the procedural and
4205 substantive law of this state, including the rules on choice of law other than those established by
4206 this chapter.
4207 Section 110. Section 78-46-1 is amended to read:
4208 78-46-1. Title.
4209 This [act shall be] chapter is known [and may be cited] as the "Jury Selection and Service
4210 Act."
4211 Section 111. Repealer.
4212 This act repeals:
4213 Section 53-3-107, Driver license renewal station pilot program -- Kiosks -- Funding

4214 -- Reporting on program -- Sunset date.
4215 Section 53-4-101, Short title.
4216 Section 63-55b-6501, Repeal date - Section 65A-8-6.6.




Legislative Review Note
as of 1-14-99 5:15 PM

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

Office of Legislative Research and General Counsel