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First Substitute H.B. 90

Representative Blake D. Chard proposes to substitute the following bill:


             1     
REMOVING BARRIERS TO ELECTRONIC

             2     
GOVERNMENT SERVICES DELIVERY

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Blake D. Chard

             6      AN ACT RELATING TO PROVIDING GOVERNMENT SERVICES ELECTRONICALLY;
             7      AMENDING CODE SECTIONS TO REMOVE STATUTORY BARRIERS TO FACILITATE
             8      THE PROVISION OF GOVERNMENT SERVICES ELECTRONICALLY; AND MAKING
             9      CONFORMING AND TECHNICAL AMENDMENTS.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          13-1-6, as enacted by Chapter 322, Laws of Utah 1983
             13          13-14-102, as last amended by Chapter 339, Laws of Utah 1998
             14          13-14-302, as enacted by Chapter 277, Laws of Utah 1996
             15          13-14-304, as enacted by Chapter 277, Laws of Utah 1996
             16          17A-2-531, as last amended by Chapter 365, Laws of Utah 1999
             17          17A-2-723, as renumbered and amended by Chapter 186, Laws of Utah 1990
             18          17A-3-208, as last amended by Chapter 270, Laws of Utah 1998
             19          17A-3-308, as renumbered and amended by Chapter 186, Laws of Utah 1990
             20          23-19-11, as last amended by Chapter 145, Laws of Utah 1996
             21          23-19-11.5, as enacted by Chapter 120, Laws of Utah 1995
             22          26-1-5, as enacted by Chapter 126, Laws of Utah 1981
             23          26-2-3, as last amended by Chapter 202, Laws of Utah 1995
             24          26-2-4, as last amended by Chapter 202, Laws of Utah 1995
             25          26-2-10, as last amended by Chapter 202, Laws of Utah 1995


             26          26-2-16, as last amended by Chapter 202, Laws of Utah 1995
             27          26-2-18, as last amended by Chapter 202, Laws of Utah 1995
             28          26-2-23, as last amended by Chapter 202, Laws of Utah 1995
             29          26-2-28, as last amended by Chapter 202, Laws of Utah 1995
             30          26-3-7, as last amended by Chapter 201, Laws of Utah 1996
             31          26-4-12, as last amended by Chapter 38, Laws of Utah 1993
             32          26-6-20, as enacted by Chapter 126, Laws of Utah 1981
             33          26-6a-2, as last amended by Chapter 137, Laws of Utah 1999
             34          26-6b-4, as enacted by Chapter 211, Laws of Utah 1996
             35          26-8a-103, as renumbered and amended by Chapter 141, Laws of Utah 1999
             36          26-8a-414, as enacted by Chapter 141, Laws of Utah 1999
             37          26-15a-106, as enacted by Chapter 345, Laws of Utah 1998
             38          26-21-9, as last amended by Chapter 114, Laws of Utah 1990
             39          26-21-20, as last amended by Chapter 209, Laws of Utah 1997
             40          26-39-105.5, as last amended by Chapter 77, Laws of Utah 1999
             41          34-32-1, as enacted by Chapter 85, Laws of Utah 1969
             42          41-1a-116, as last amended by Chapter 314, Laws of Utah 1995
             43          41-1a-512, as last amended by Chapter 221, Laws of Utah 1993
             44          41-3-105, as last amended by Chapter 282, Laws of Utah 1998
             45          41-3-803, as enacted by Chapter 167, Laws of Utah 1993
             46          53-7-305, as renumbered and amended by Chapter 234, Laws of Utah 1993
             47          53A-14-104, as enacted by Chapter 2, Laws of Utah 1988
             48          53A-20-101, as last amended by Chapter 51, Laws of Utah 1998
             49          57-11-5, as last amended by Chapter 199, Laws of Utah 1990
             50          57-11-11, as enacted by Chapter 158, Laws of Utah 1973
             51          57-11-12, as enacted by Chapter 158, Laws of Utah 1973
             52          57-19-6, as last amended by Chapter 199, Laws of Utah 1990
             53          57-19-9, as last amended by Chapter 199, Laws of Utah 1990
             54          59-1-503, as last amended by Chapter 51, Laws of Utah 1991
             55          59-1-504, as last amended by Chapter 161, Laws of Utah 1987
             56          59-2-212, as last amended by Chapter 3, Laws of Utah 1988


             57          59-2-214, as enacted by Chapter 4, Laws of Utah 1987
             58          59-2-306, as last amended by Chapter 237, Laws of Utah 1992
             59          59-2-307, as last amended by Chapter 14, Laws of Utah 1994
             60          59-2-311, as last amended by Chapter 271, Laws of Utah 1995
             61          59-2-322, as last amended by Chapter 148, Laws of Utah 1987
             62          59-2-325, as renumbered and amended by Chapter 4, Laws of Utah 1987
             63          59-2-326, as renumbered and amended by Chapter 4, Laws of Utah 1987
             64          59-2-329, as renumbered and amended by Chapter 4, Laws of Utah 1987
             65          59-2-508, as last amended by Chapter 235, Laws of Utah 1992
             66          59-2-1002, as repealed and reenacted by Chapter 3, Laws of Utah 1988
             67          59-2-1011, as repealed and reenacted by Chapter 3, Laws of Utah 1988
             68          59-2-1101, as last amended by Chapter 227, Laws of Utah 1993
             69          59-2-1102, as repealed and reenacted by Chapter 3, Laws of Utah 1988
             70          59-2-1109, as last amended by Chapter 87, Laws of Utah 1996
             71          59-2-1302, as last amended by Chapter 207, Laws of Utah 1999
             72          59-2-1306, as repealed and reenacted by Chapter 3, Laws of Utah 1988
             73          59-2-1307, as last amended by Chapter 360, Laws of Utah 1997
             74          59-7-518, as renumbered and amended by Chapter 169, Laws of Utah 1993
             75          59-7-519, as renumbered and amended by Chapter 169, Laws of Utah 1993
             76          59-7-521, as renumbered and amended by Chapter 169, Laws of Utah 1993
             77          59-10-524, as renumbered and amended by Chapter 2, Laws of Utah 1987
             78          59-10-529, as last amended by Chapter 299, Laws of Utah 1998
             79          59-12-107, as last amended by Chapter 210, Laws of Utah 1999
             80          59-12-111, as last amended by Chapter 1, Laws of Utah 1993, Second Special Session
             81          59-13-202, as last amended by Chapter 161, Laws of Utah 1987
             82          59-13-301, as last amended by Chapter 3, Laws of Utah 1997, First Special Session
             83          59-13-313, as last amended by Chapter 299, Laws of Utah 1998
             84          59-13-316, as last amended by Chapter 271, Laws of Utah 1997
             85          61-2-7.1, as enacted by Chapter 165, Laws of Utah 1991
             86          61-2-7.2, as enacted by Chapter 165, Laws of Utah 1991
             87          61-2-8, as last amended by Chapter 182, Laws of Utah 1988


             88          61-2a-5, as last amended by Chapters 225 and 227, Laws of Utah 1989
             89          61-2b-6, as last amended by Chapter 117, Laws of Utah 1999
             90          61-2b-18, as last amended by Chapter 117, Laws of Utah 1999
             91          61-2b-26, as last amended by Chapter 117, Laws of Utah 1999
             92          61-2b-27, as last amended by Chapter 117, Laws of Utah 1999
             93          63-56-5, as last amended by Chapters 89 and 252, Laws of Utah 1997
             94          72-1-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
             95      ENACTS:
             96          26-1-35, Utah Code Annotated 1953
             97          53-7-107, Utah Code Annotated 1953
             98          78-7-34, Utah Code Annotated 1953
             99      Be it enacted by the Legislature of the state of Utah:
             100          Section 1. Section 13-1-6 is amended to read:
             101           13-1-6. Rules and regulations.
             102          (1) The executive director shall prescribe rules and procedures for the management and
             103      operation of the department, the conduct of its employees, and the custody, use, and preservation
             104      of its records, papers, books, documents, and property.
             105          (2) The department and its divisions, in contemplation, formulation, and passage of rules
             106      pursuant to Subsection (1), shall acknowledge and consider the facilitation of commerce in all its
             107      forms, including reliable electronic commerce, for the benefit of both consumers and businesses.
             108          Section 2. Section 13-14-102 is amended to read:
             109           13-14-102. Definitions.
             110          As used in this chapter:
             111          (1) "Board" means the Utah Motor Vehicle Franchise Advisory Board created in Section
             112      13-14-103 .
             113          (2) "Dealership" means a site or location in this state:
             114          (a) at which a franchisee conducts the business of a new motor vehicle dealer; and
             115          (b) that is identified as a new motor vehicle dealer's principal place of business for
             116      licensing purposes under Section 41-3-204 .
             117          (3) "Department" means the Department of Commerce.
             118          (4) "Executive director" means the executive director of the Department of Commerce.


             119          (5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
             120      indefinite period, in which:
             121          (a) a person grants to another person a license to use a trade name, trademark, service
             122      mark, or related characteristic; and
             123          (b) a community of interest exists in the marketing of new motor vehicles, new motor
             124      vehicle parts, and services related to the sale or lease of new motor vehicles at wholesale or retail.
             125          (6) "Franchisee" means a person with whom a franchisor has agreed or permitted, in
             126      writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured,
             127      produced, represented, or distributed by the franchisor.
             128          (7) "Franchisor" means a person who has, in writing or in practice, agreed with or permits
             129      a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced,
             130      represented, or distributed by the franchisor, and includes:
             131          (a) the manufacturer or distributor of the new motor vehicles;
             132          (b) an intermediate distributor; and
             133          (c) an agent, officer, or field or area representative of the franchisor.
             134          (8) "Line-make" means the motor vehicles that are offered for sale, lease, or distribution
             135      under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer
             136      of the motor vehicle.
             137          (9) "Motor home" means a self-propelled vehicle, primarily designed as a temporary
             138      dwelling for travel, recreational, or vacation use.
             139          (10) "Motor vehicle" means:
             140          (a) a travel trailer;
             141          (b) a motor vehicle as defined in Section 41-3-102 ;
             142          (c) a semitrailer as defined in Section 41-1a-102 ;
             143          (d) a trailer as defined in Section 41-1a-102 ; and
             144          (e) a recreational vehicle.
             145          (11) "New motor vehicle" has the same meaning as defined in Section 41-3-102 .
             146          (12) "New motor vehicle dealer" is a person who is licensed under Subsection
             147      41-3-202 (1)(a).
             148          (13) "Notice" or "notify" includes both traditional written communications and all reliable
             149      forms of electronic communication unless expressly prohibited by statute or rule.


             150          [(13)] (14) "Recreational vehicle" means a vehicular unit other than a mobile home,
             151      primarily designed as a temporary dwelling for travel, recreational, or vacation use, which is either
             152      self-propelled or pulled by another vehicle. "Recreational vehicle" includes a travel trailer, a
             153      camping trailer, a motor home, a fifth wheel trailer, and a van.
             154          [(14)] (15) (a) "Relevant market area," except with respect to recreational vehicles, means:
             155          (i) the county in which a dealership is to be established or relocated; and
             156          (ii) the area within a ten aeronautical miles radius from the site of the new or relocated
             157      dealership.
             158          (b) "Relevant market area," with respect to recreational vehicles, means:
             159          (i) the county in which the dealership is to be established or relocated; and
             160          (ii) the area within a 35 aeronautical miles radius from the site of the new or relocated
             161      dealership.
             162          [(15)] (16) "Sale, transfer, or assignment" means any disposition of a franchise or an
             163      interest in a franchise, with or without consideration, including a bequest, inheritance, gift,
             164      exchange, lease, or license.
             165          (17) "Serve" or "served," unless expressly indicated otherwise by statute or rule, includes
             166      any reliable form of communication.
             167          [(16)] (18) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
             168      vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
             169      vacation use that does not require a special highway movement permit when drawn by a
             170      self-propelled motor vehicle.
             171          (19) "Written," "write," "in writing," or other variations of those terms shall include all
             172      reliable forms of electronic communication.
             173          Section 3. Section 13-14-302 is amended to read:
             174           13-14-302. Issuance of additional franchises -- Relocation of existing franchisees.
             175          (1) (a) Except as provided in Subsection (2), a franchisor shall comply with Subsection
             176      (1)(b) if the franchisor seeks to:
             177          (i) enter into a franchise establishing a motor vehicle dealership within a relevant market
             178      area where the same line-make is represented by another franchisee; or
             179          (ii) relocate an existing motor vehicle dealership.
             180          (b) (i) If a franchisor seeks to take an action listed Subsection (1)(a), prior to taking the


             181      action, the franchisor shall in writing notify the board and each franchisee in that line-make in the
             182      relevant market area that the franchisor intends to take an action described in Subsection (1)(a).
             183          (ii) The notice required by Subsection (1)(b)(i) shall:
             184          (A) specify the good cause on which it intends to rely for the action; and
             185          (B) be delivered by registered or certified mail or by any form of reliable electronic
             186      communication through which receipt is verifiable.
             187          (c) Within 45 days of receiving notice required by Subsection (1)(b), any franchisee that
             188      is required to receive notice under Subsection (1)(b) may protest to the board the establishing or
             189      relocating of the dealership. When a protest is filed, the board shall inform the franchisor that:
             190          (i) a timely protest has been filed;
             191          (ii) a hearing is required;
             192          (iii) the franchisor may not establish or relocate the proposed dealership until the board
             193      has held a hearing; and
             194          (iv) the franchisor may not establish or relocate a proposed dealership if the board
             195      determines that there is not good cause for permitting the establishment or relocation of the
             196      dealership.
             197          (d) If multiple protests are filed under Subsection (1)(c), hearings may be consolidated to
             198      expedite the disposition of the issue.
             199          (2) Subsection (1) does not apply to a relocation that is:
             200          (a) less than one aeronautical mile from the existing location of the franchisee's dealership;
             201      and
             202          (b) within the same county.
             203          (3) For purposes of this section:
             204          (a) relocation of an existing franchisee's dealership in excess of one mile from its existing
             205      location is considered the establishment of an additional franchise in the line-make of the
             206      relocating franchise; and
             207          (b) the reopening in a relevant market area of a dealership that has not been in operation
             208      for one year or more is considered the establishment of an additional motor vehicle dealership.
             209          Section 4. Section 13-14-304 is amended to read:
             210           13-14-304. Hearing regarding termination, relocation, or establishment of franchises.
             211          (1) (a) Within ten days of receiving an application from a franchisee under Subsection


             212      13-14-301 (3) challenging its franchisor's right to terminate or not continue a franchise, or an
             213      application under Subsection 13-14-302 (1) challenging the establishment or relocation of a
             214      franchise, the board shall:
             215          (i) enter an order designating the time and place for the hearing; and
             216          (ii) send a copy of the order by certified or registered mail, with return receipt requested,
             217      [a copy of the order] or by any form of reliable electronic communication through which receipt
             218      is verifiable to:
             219          (A) the applicant;
             220          (B) the franchisor; and
             221          (C) if the application involves the establishment of a new franchise or the relocation of an
             222      existing dealership, to all franchisees in the relevant market area engaged in the business of
             223      offering to sell or lease the same line-make.
             224          (b) A copy of an order mailed under Subsection (1)(a) shall be addressed to the franchisee
             225      at the place where the franchisee's business is conducted.
             226          (2) Any person who can establish to the board an interest in the application may intervene
             227      as a party to the hearing, whether or not that person receives notice.
             228          (3) Any person may appear and testify on the question of the public interest in the
             229      termination or noncontinuation of a franchise or in the establishment of an additional franchise.
             230          (4) (a) Any hearing ordered under Subsection (1) shall be conducted no later than 120 days
             231      after the application for hearing is filed. A final decision on the challenge shall be made by the
             232      board no later than 30 days after the hearing.
             233          (b) Failure to comply with the time requirements of Subsection (4)(a) is considered a
             234      determination that the franchisor acted with good cause or, in the case of a protest of a proposed
             235      establishment or relocation of a dealer, that good cause exists for permitting the proposed
             236      additional or relocated new motor vehicle dealer, unless:
             237          (i) the delay is caused by acts of the franchisor or the additional or relocating franchisee;
             238      or
             239          (ii) the delay is waived by the parties.
             240          (5) The franchisor has the burden of proof to establish that under the provisions of this
             241      chapter it should be granted permission to:
             242          (a) terminate or not continue the franchise;


             243          (b) enter into a franchise agreement establishing an additional franchise; or
             244          (c) relocate the dealership of an existing franchisee.
             245          Section 5. Section 17A-2-531 is amended to read:
             246           17A-2-531. Bids for construction -- Contracts -- Payment and performance bonds
             247      -- Retainage.
             248          (1) As used in this section, the word "sealed" does not preclude acceptance of
             249      electronically sealed and submitted bids or proposals in addition to bids or proposals manually
             250      sealed and submitted.
             251          [(1)] (2) After adopting a plan and making an estimate of the cost of any drainage canal
             252      or canals, drains, drain ditches, and works, the board of supervisors shall give notice by publication
             253      for at least 20 days in at least one newspaper published or having a general circulation in each of
             254      the counties comprising the district, and in any other publication they [deem] consider advisable,
             255      calling for bids for the construction of such work or of any portion of it. If less than the whole
             256      work is advertised, then the portion so advertised shall be particularly described in [such] the
             257      notice. [Such] The notice shall state:
             258          (a) that plans and specifications can be seen at the office of the board of supervisors;
             259          (b) that the board of supervisors will receive sealed proposals for the work;
             260          (c) that the contract will be let to the lowest responsible bidder; and
             261          (d) the time and place appointed for opening bids. The bids shall be opened in public, and
             262      as soon as convenient thereafter the supervisors shall let the work, either in portions or as a whole,
             263      to the lowest responsible bidder, or they may reject any or all bids. Contracts for the purchase of
             264      material shall be awarded to the lowest responsible bidder. Any person or persons to whom a
             265      contract is awarded shall provide the board with bonds under Sections 14-1-18 and 63-56-38 . The
             266      work shall be done under the direction and to the satisfaction of the engineer, and subject to the
             267      approval of the board of supervisors. This section does not apply in the case of any contract with
             268      the United States.
             269          [(2)] (3) If any payment on a contract with a private contractor for the construction of
             270      works under this section is retained or withheld, it shall be retained or withheld and released as
             271      provided in Section 13-8-5 .
             272          Section 6. Section 17A-2-723 is amended to read:
             273           17A-2-723. Construction -- Notice -- Awarding contracts -- Contractor's bonds.


             274          (1) As used in this section, the word "sealed" does not preclude acceptance of
             275      electronically sealed and submitted bids or proposals in addition to bids or proposals manually
             276      sealed and submitted.
             277          (2) After adopting a plan for the construction of canals, reservoirs, and works, the board
             278      of directors shall give notice thereof by publication in the county in which the principal office of
             279      the district is located at least once not less than ten days prior to the expiration of the period in
             280      which bids shall be received, and [such] the other notice as they may [deem] consider advisable
             281      calling for bids for the furnishing of material or construction of said work or any portion thereof.
             282          (3) If less than the whole work is advertised, then the portion so advertised must be
             283      particularly described in [such] the notice; said notice shall set forth that plans and specifications,
             284      or specifications alone where there are no plans, may be seen at the office of the board, and that
             285      the board will receive sealed proposals therefor, and that the contract will be let to the lowest
             286      responsible bidder, stating the time and the place for opening the proposal which at said time and
             287      place shall be opened in public, and as soon as convenient thereafter the board shall let said work,
             288      either in portions or as a whole, or award and order for materials, to the lowest responsible bidder,
             289      or it may reject any or all bids, and thereupon readvertise for proposals, or proceed to construct the
             290      work under its own superintendence.
             291          (4) Contracts for the purchase of material shall be awarded to the lowest responsible bidder
             292      unless all bids are rejected or the board determines to readvertise for bids.
             293          (5) The person or persons to whom a contract may be awarded shall enter into a bond, with
             294      good and sufficient sureties, to be approved by the board, payable to said district for not less than
             295      25% of the amount of the contract price and conditioned for the faithful performance of said
             296      contract, but no such bond need be required by the board where materials are contracted for the
             297      bond requirement.
             298          (6) The work shall be done under the direction and to the satisfaction of the engineer in
             299      charge, and be approved by the board, and shall be paid for out of the general fund account;
             300      provided, that the provisions of this section shall not apply in the case of any contract between the
             301      district and the United States.
             302          (7) Nothing herein contained shall be construed to prohibit the district from purchasing
             303      material or doing any work required by it without advertising for bids and without the letting of
             304      a contract where the estimated cost of [such] the work or [such] the material does not exceed


             305      $30,000 or in cases of emergencies the board of directors may let contracts for the work required
             306      in the emergency without advertising for bids or may cause [such] the work to be done by the
             307      district itself.
             308          Section 7. Section 17A-3-208 is amended to read:
             309           17A-3-208. Contract required for improvement -- Bidding requirements --
             310      Exceptions.
             311          (1) As used in this section, the word "sealed" does not preclude acceptance of
             312      electronically sealed and submitted bids or proposals in addition to bids or proposals manually
             313      sealed and submitted.
             314          [(1)] (2) (a) Except as otherwise provided in this section, improvements in a special
             315      improvement district shall be made only under contract duly let to the lowest responsible bidder
             316      for the kind of service or material or form of construction which may be desired. The
             317      improvements may be divided into parts, and separate contracts let for each part, or several parts
             318      may be combined in the same contract. A contract may be let on a unit basis. A contract shall not
             319      be let until a notice to contractors that sealed bids for the construction of the improvements will
             320      be received by the governing body at a specified time and place, and this notice has been published
             321      at least one time in a newspaper having general circulation in the county at least 15 days before
             322      the date specified for the receipt of bids.
             323          (b) If by inadvertence or oversight, the notice is not published or is not published for a
             324      sufficient period of time prior to the receipt of bids, the governing body, however, may still
             325      proceed to let a contract for the improvements if at the time specified for the receipt of bids it has
             326      received not less than three sealed and bona fide bids from contractors.
             327          (c) If, under the construction contract, periodic payments for work performed are to be
             328      made by the issuance of interim warrants, this fact shall be disclosed in the notice to contractors.
             329      The notice to contractors may be published simultaneously with the notice of intention.
             330          [(2)] (3) The governing body, or its designated agent, shall at the time specified in the
             331      notice, open, examine, and publicly declare the bids. From these bids, the governing body may
             332      award a contract to the lowest, responsible bidder if that party's bid is responsive to the request for
             333      proposal or invitation to bid; but the governing body shall not be obligated or required to award
             334      a contract to any bidder and may reject any or all bids. In the event no bids are received or no
             335      responsive or acceptable bids are received after one public invitation to bid, the governing body


             336      may take any of the following actions:
             337          (a) publicly rebid the project using the original plans, specifications, cost estimates, and
             338      contract documents;
             339          (b) negotiate a contract privately using the original project plans, specifications, cost
             340      estimates, and contract documents;
             341          (c) publicly rebid the project after revising the original plans, specifications, cost estimates,
             342      or contract documents;
             343          (d) cancel the project;
             344          (e) abandon or dissolve the improvement district; or
             345          (f) perform the project work with the governing entity's work forces and be reimbursed for
             346      this work out of the special assessments levied.
             347          [(3)] (4) A contract need not be let for any improvement or part of any improvement the
             348      cost of which or the making of which is donated or contributed by any individual, corporation, the
             349      county, a municipality, the state of Utah, the United States, or any political subdivision of the state
             350      of Utah or of the United States. These donations or contributions may be accepted by the
             351      governing entity, but no assessments shall be levied against the property in the district for the
             352      amount of the donations or contributions.
             353          [(4)] (5) A contract need not be let as provided in this section where the improvements
             354      consist of the furnishing of utility services or maintenance of improvements. This work may be
             355      done by the governing entity itself. Assessments may be levied for the actual cost incurred by the
             356      governing entity for the furnishing of these services or maintenance, or in case the work is done
             357      by the governing entity, to reimburse the governing entity for the reasonable cost of supplying the
             358      services or maintenance.
             359          [(5)] (6) A contract need not be let as provided in this section where any labor, materials,
             360      or equipment to make any of the improvements are supplied by the governing entity. Assessments
             361      may be levied to reimburse the governing entity for the reasonable cost of supplying such labor,
             362      materials or equipment. The provisions of Sections 17-15-3 and 72-6-108 shall not apply to the
             363      improvements to be placed in a special improvement district created under this part.
             364          Section 8. Section 17A-3-308 is amended to read:
             365           17A-3-308. Contracting for improvements -- Bids, publication, and notice --
             366      Improvements for which contracts need not be let.


             367          (1) As used in this section, the word "sealed" does not preclude acceptance of
             368      electronically sealed and submitted bids or proposals in addition to bids or proposals manually
             369      sealed and submitted.
             370          [(1)] (2) (a) Except as otherwise provided in this section, improvements in a special
             371      improvement district shall be made only under contract duly let to the lowest responsible bidder
             372      for the kind of service or material or form of construction which may be determined upon. The
             373      improvements may be divided into parts and separate contracts let for each part or several such
             374      parts may be combined in the same contract. A contract may be let on a unit basis. A contract
             375      shall not be let until a notice to contractors that sealed bids for the construction of the
             376      improvements will be received by the governing body at a specified time and place and such notice
             377      has been published at least one time in a newspaper having general circulation in the municipality
             378      at least 15 days before the date specified for the receipt of bids[; provided, if].
             379          (b) If by inadvertence or oversight, the notice is not published or is not published for a
             380      sufficient period of time prior to the receipt of bids, the governing body may still proceed to let a
             381      contract for [such] the improvements if at the time specified for the receipt of bids it has received
             382      not less than three sealed and bona fide bids from contractors.
             383          (c) The notice to contractors may be published simultaneously with the notice of intention.
             384          (d) The governing body shall in open session at the time specified in the notice, open,
             385      examine and publicly declare the bids and may reject any or all bids when [deemed] considered
             386      for the public good and, at such or a later meeting, shall reject all bids other than the lowest and
             387      best bid of a responsible bidder.
             388          (e) If the price bid by the lowest and best responsible bidder exceeds the estimated costs
             389      as determined by the engineer of the municipality, the governing body may nevertheless award a
             390      contract for the price so bid.
             391          (f) The governing body may in any case refuse to award a contract and may obtain new
             392      bids after giving a new notice to contractors or may determine to abandon the district or not to
             393      make some of the improvements proposed to be made.
             394          [(2)] (3) A contract need not be let for any improvement or part of any improvement the
             395      cost of which or the making of which is donated or contributed by any individual, corporation, the
             396      municipality, [the] this state [of Utah], or the United States or any political subdivision of [the] this
             397      state [of Utah] or of the United States. All such donations or contributions may be accepted by the


             398      municipality, but no assessments shall be levied against the property in the district for the amount
             399      of such donations or contributions.
             400          [(3)] (4) A contract need not be let as provided in this section where the improvements
             401      consist of the furnishing of utility services or maintenance of improvements. [Such] The work
             402      may be done by the municipality itself. Assessments may be levied for the actual cost incurred by
             403      the municipality for the furnishing of [such] the services or maintenance or, in case the work is
             404      done by the municipality, to reimburse the municipality for the reasonable cost of supplying [such]
             405      the services or maintenance.
             406          [(4)] (5) A contract need not be let as provided in this section where any labor, materials
             407      or equipment to make any of the improvements are supplied by the municipality. Assessments
             408      may be levied to reimburse the municipality for the reasonable cost of supplying [such] the labor,
             409      materials, or equipment.
             410          Section 9. Section 23-19-11 is amended to read:
             411           23-19-11. Age restriction -- Proof of hunter education required.
             412          (1) The division may not issue a hunting license or permit to any person born after
             413      December 31, 1965, unless proof is presented to the division or one of its authorized wildlife
             414      license agents that the person has passed a division approved hunter education course offered by
             415      a state, province, or country.
             416          (2) For purposes of this section, "proof" means:
             417          (a) a certificate of completion of a hunter education course;
             418          (b) a preceding year's hunting license or permit issued by a state, province, or country with
             419      the applicant's hunter education number noted on the hunting license or permit; or
             420          (c) verification of completion of a hunter education course pursuant to Subsections (3) and
             421      (4).
             422          (3) If an applicant for a nonresident hunting license or permit is not able to present a
             423      hunting license, permit, or a certificate of completion as provided in Subsections (1) and (2), the
             424      division may contact another state, province, or country to verify the completion of a hunter
             425      education course so that a nonresident hunting license or permit may be issued.
             426          (4) [(a)] If an applicant for a resident or nonresident hunting license or permit has
             427      completed a hunter education course in Utah but is not able to present a hunting license, permit,
             428      or a certificate of completion as provided in Subsections (1) and (2), the division may research the


             429      division's hunter education records to verify that the applicant has completed the hunter education
             430      course.
             431          (5) (a) If an applicant for a resident or nonresident hunting license has completed a hunter
             432      education course and is applying for a hunting permit or license through the division's drawings,
             433      Internet site, or other electronic means authorized by the division, the applicant's hunter education
             434      number and the name of the state, province, or country that issued the number may constitute proof
             435      of completion of a hunter education course under this section.
             436          (b) The division may research the hunter education number to verify that the applicant has
             437      completed a division approved hunter education course.
             438          [(b)] (6) Upon issuance of the hunting license or permit, the division shall indicate the
             439      applicant's hunter education number on the face of the hunting license or permit.
             440          [(5)] (7) The division may charge a fee for any service provided in Subsection (3) or (4).
             441          Section 10. Section 23-19-11.5 is amended to read:
             442           23-19-11.5. Age restriction -- Proof of furharvester education required.
             443          (1) (a) A resident born after December 31, 1984, may not purchase a resident furbearer
             444      license unless the applicant presents:
             445          (i) a certificate of completion of a division approved furharvester education course; or
             446          (ii) an immediately preceding year's furbearer license with the furharvester education
             447      number noted on the furbearer license.
             448          (b) Upon issuance of the resident furbearer license, the division or authorized wildlife
             449      license agent shall indicate the applicant's furharvester education number on the face of the
             450      furbearer license.
             451          (2) [(a)] If an applicant for a resident furbearer license has completed a furharvester
             452      education course in Utah but is not able to present a furbearer license or a certificate of completion
             453      as provided in Subsection (1), the division may research the division's furharvester education
             454      records to verify that the applicant has completed a furharvester education course in Utah.
             455          (3) (a) If an applicant for a resident furbearer license has completed a furharvester
             456      education course and is applying for a furbearer license through the division's Internet site or other
             457      electronic means authorized by the division, the applicant's Utah furharvester education number
             458      may constitute proof of completion of a furharvester education course under this section.
             459          (b) The division may research the furharvester education number to verify that the


             460      applicant has completed a division approved furharvester education course.
             461          [(b)] (4) The division may charge a fee for the service specified in Subsection [(a)] (2).
             462          Section 11. Section 26-1-5 is amended to read:
             463           26-1-5. Rules of department.
             464          (1) Except in areas regulated by statutory committees created by this title, the department
             465      shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of this
             466      title.
             467          (2) Rules shall have the force and effect of law and may deal with matters which materially
             468      affect the security of health or the preservation and improvement of public health in the state, and
             469      any matters as to which jurisdiction is conferred upon the department by this title.
             470          (3) Every rule adopted by the department pursuant to this section, or a committee
             471      established under Section 26-1-7 or 26-1-7.5 , shall be subject to the Utah Administrative
             472      Rulemaking Act, [shall become effective at the time provided in the Utah Administrative
             473      Rulemaking Act, and shall be signed] and may not become effective until approved by the
             474      executive director.
             475          (4) At the time a rule adopted by the department or a committee established by Section
             476      26-1-7 or 26-1-7.5 , is filed with the state archivist it shall also be filed with the legislative research
             477      director.
             478          (5) If, at the next general session of the legislature following the filing of a rule with the
             479      legislative research director, the legislature passes a bill disapproving such rule, the rule shall be
             480      null and void.
             481          (6) The department or a committee created under Section 26-1-7 or 26-1-7.5 , shall not
             482      adopt a rule identical to a rule disapproved under Subsection (5) of this section, before the
             483      beginning of the next general session of the legislature following the general session at which the
             484      rule was disapproved.
             485          Section 12. Section 26-1-35 is enacted to read:
             486          26-1-35. Content and form of certificates and reports.
             487          (1) Certificates, certifications, forms, reports, other documents and records, and the form
             488      of communication between persons required by this title shall be prepared in the form prescribed
             489      by department rule.
             490          (2) Certificates, certifications, forms, reports, or other documents and records, and


             491      communications between persons required by this title may be signed, filed, verified, registered,
             492      and stored by photographic, electronic, or other means as prescribed by department rule.
             493          Section 13. Section 26-2-3 is amended to read:
             494           26-2-3. Department duties and authority.
             495          (1) The department shall:
             496          (a) provide offices properly equipped for the preservation of vital records made or received
             497      under this chapter;
             498          (b) establish a statewide vital records system for the registration, collection, preservation,
             499      amendment, and certification of vital records and other similar documents required by this chapter
             500      and activities related to them, including the tabulation, analysis, and publication of vital statistics;
             501          (c) prescribe forms for certificates, certification, reports, and other documents and records
             502      necessary to establish and maintain a statewide system of vital records;
             503          (d) prepare an annual compilation, analysis, and publication of statistics derived from vital
             504      records; and
             505          (e) appoint a state registrar to direct the statewide system of vital records.
             506          (2) The department may:
             507          (a) divide the state from time to time into registration districts; and
             508          (b) appoint local registrars for registration districts who under the direction and
             509      supervision of the state registrar shall perform all duties required of them by this chapter and
             510      department rules.
             511          Section 14. Section 26-2-4 is amended to read:
             512           26-2-4. Content and form of certificates and reports.
             513          (1) To promote and maintain nationwide uniformity in the vital records system, the forms
             514      of certificates [and], certification, reports, and other documents and records required by this
             515      chapter or the rules implementing this chapter shall include as a minimum the items recommended
             516      by the federal agency responsible for national vital statistics, subject to approval, additions, and
             517      modifications by the department.
             518          (2) [Each certificate, report, and other document] Certificates, certifications, forms,
             519      reports, other documents and records, and the form of communications between persons required
             520      by this chapter shall be prepared in the format prescribed by department rule.
             521          (3) All vital records shall include the date of filing.


             522          (4) [Information required in certificates] Certificates, certifications, forms, [records, or]
             523      reports, other documents and records, and communications between persons required by this
             524      chapter may be signed, filed, verified, registered, and stored by photographic, electronic, or other
             525      means as prescribed by department rule.
             526          Section 15. Section 26-2-10 is amended to read:
             527           26-2-10. Supplementary certificate of birth.
             528          (1) Any person born in this state who is legitimized by the subsequent marriage of his
             529      natural parents, or whose parentage has been determined by any U.S. state court or Canadian
             530      provincial court having jurisdiction, or who has been legally adopted under the law of this or any
             531      other state or any province of Canada, may request the state registrar to register a supplementary
             532      certificate of birth on the basis of that status.
             533          (2) The application for registration of a supplementary certificate may be made by the
             534      person requesting registration, if he is of legal age, by a legal representative, or by any agency
             535      authorized to receive children for placement or adoption under the laws of this or any other state.
             536          (3) (a) The state registrar shall require that an applicant submit identification and proof
             537      according to department rules.
             538          (b) In the case of an adopted person, that proof may be established by order of the court
             539      in which the adoption proceedings were held.
             540          (4) (a) After the supplementary certificate is registered, any information disclosed from
             541      the record shall be from the supplementary certificate.
             542          (b) Access to the original certificate and to the [documents filed] evidence submitted in
             543      support of the supplementary certificate are not open to inspection except upon the order of a Utah
             544      district court or as provided under Section 78-30-18 .
             545          Section 16. Section 26-2-16 is amended to read:
             546           26-2-16. Death certificate -- Filing by funeral director -- Medical certification --
             547      Records of funeral director -- Information filed with local registrar.
             548          (1) The funeral director or person acting as funeral director shall [obtain and] file a
             549      certificate of death prior to any disposition of a dead body or dead fetus. Personal and statistical
             550      information shall be obtained from the available persons best qualified to provide it. The names
             551      and addresses of persons providing the information shall be included. The [certificate shall then
             552      be presented] funeral director or person acting as funeral director shall present the certificate to the


             553      attending physician, if any, or to the medical examiner [for completion of] who shall certify the
             554      cause of death and other information required on the certificate. [The date and place of burial shall
             555      be stated over the signature and address of the funeral director or person acting as funeral director.
             556      The completed certificate shall then be filed] The funeral director, or person acting as funeral
             557      director, shall:
             558          (a) provide the address of the funeral director or person acting as funeral director;
             559          (b) certify the date and place of burial; and
             560          (c) file the certificate with the state or local registrar.
             561          (2) A funeral director, embalmer, or other person who removes from the place of death or
             562      transports or is in charge of final disposal of a dead body or dead fetus, shall keep a record
             563      identifying the dead body or dead fetus, and containing information pertaining to receipt, removal,
             564      and delivery of the dead body or dead fetus as prescribed by department rule.
             565          (3) Not later than the tenth day of each month, every funeral director shall send to the local
             566      registrar and the department a list of the information required in Subsection (2) for each casket
             567      furnished and for funerals performed when no casket was furnished, during the preceding month.
             568      The lists shall be [on forms provided] in the form prescribed by the state registrar.
             569          Section 17. Section 26-2-18 is amended to read:
             570           26-2-18. Interments -- Duties of sexton or person in charge -- Record of interments
             571      -- Information filed with local registrar.
             572          (1) A sexton or person in charge of any premises in which interments are made may not
             573      inter or permit the interment of any dead body or dead fetus unless the interment is made by a
             574      funeral director licensed under Title 58, Chapter 9, Funeral Services Licensing Act, or by a person
             575      holding a burial-transit permit.
             576          (2) The sexton or the person in charge of any premises where interments are made shall
             577      keep a record of all interments made in the premises under his charge, stating the name of the
             578      decedent, place of death, date of burial, and name and address of the funeral director or other
             579      person making the interment. This record shall be open to public inspection. A city or county clerk
             580      may, at the clerk's option, maintain the interment records on behalf of the sexton or person in
             581      charge of any premises in which interments are made.
             582          (3) Not later than the tenth day of each month, the sexton, person in charge of the
             583      premises, or city or county clerk who maintains the interment records shall send to the local


             584      registrar and the department a list of all interments made in the premises during the preceding
             585      month. The list shall be [on forms provided] in the form prescribed by the state registrar.
             586          Section 18. Section 26-2-23 is amended to read:
             587           26-2-23. Records required to be kept by health care institutions -- Information filed
             588      with local registrar and department.
             589          (1) (a) All administrators or other persons in charge of hospitals, nursing homes, or other
             590      institutions, public or private, to which persons resort for treatment of diseases, confinements, or
             591      are committed by law, shall record all the personal and statistical information about patients of
             592      their institutions as required in certificates prescribed by this chapter.
             593          (b) This information shall be recorded for collection at the time of admission of the
             594      patients and shall be obtained from the patient, if possible, and if not, the information shall be
             595      secured in as complete a manner as possible from other persons acquainted with the facts.
             596          (2) When a dead body or dead fetus is released or disposed of by an institution, the person
             597      in charge of the institution shall keep a record showing the name of the deceased, date of death,
             598      name and address of the person to whom the dead body or dead fetus is released, and date of
             599      removal from the institution. If final disposal is by the institution, the date, place, manner of
             600      disposition, and the name of the person authorizing disposition shall be recorded.
             601          (3) Not later than the tenth day of each month, the administrator of each institution shall
             602      cause to be sent to the local registrar and the department a list of all births, deaths, fetal deaths, and
             603      induced abortions occurring in his institution during the preceding month. The lists shall be [on
             604      forms provided] in the form prescribed by the state registrar.
             605          Section 19. Section 26-2-28 is amended to read:
             606           26-2-28. Birth certificate for foreign adoptees.
             607          Upon presentation of a court order of adoption and an order establishing the fact, time, and
             608      place of birth under Section 26-2-15 , the department shall prepare a birth certificate for any person
             609      who:
             610          (1) was born in a country that is not recognized by the department rule as having an
             611      established vital records registration system;
             612          (2) was adopted under the laws of this state; and
             613          (3) was at the time of adoption considered an alien child for whom the court received
             614      [written] documentary evidence of legal residence under Section 78-30-8.5 .


             615          Section 20. Section 26-3-7 is amended to read:
             616           26-3-7. Disclosure of health data -- Limitations.
             617          The department may not disclose any identifiable health data unless:
             618          (1) one of the following persons has consented to the disclosure:
             619          (a) the individual;
             620          (b) the next-of-kin if the individual is deceased;
             621          (c) the parent or legal guardian if the individual is a minor or mentally incompetent; or
             622          (d) a person holding a power of attorney covering such matters on behalf of the individual;
             623          (2) the disclosure is to a governmental entity in this or another state or the federal
             624      government, provided that:
             625          (a) the data will be used for a purpose for which they were collected by the department;
             626      and
             627          (b) the recipient enters into a written agreement satisfactory to the department agreeing to
             628      protect such data in accordance with the requirements of this chapter and department rule and not
             629      permit further disclosure without prior approval of the department;
             630          (3) the disclosure is to an individual or organization, for a specified period, solely for bona
             631      fide research and statistical purposes, determined in accordance with department rules, and the
             632      department determines that the data are required for the research and statistical purposes proposed
             633      and the requesting individual or organization enters into a written agreement satisfactory to the
             634      department to protect the data in accordance with this chapter and department rule and not permit
             635      further disclosure without prior approval of the department;
             636          (4) the disclosure is to a governmental entity for the purpose of conducting an audit,
             637      evaluation, or investigation of the department and such governmental entity agrees not to use those
             638      data for making any determination affecting the rights, benefits, or entitlements of any individual
             639      to whom the health data relates;
             640          (5) the disclosure is of specific medical or epidemiological information to authorized
             641      personnel within the department, local health departments, official health agencies in other states,
             642      the United States Public Health Service, the Centers for Disease Control and Prevention (CDC),
             643      or agencies responsible to enforce quarantine, when necessary to continue patient services or to
             644      undertake public health efforts to control communicable, infectious, acute, chronic, or any other
             645      disease or health hazard that the department considers to be dangerous or important or that may


             646      affect the public health;
             647          (6) the disclosure is of specific medical or epidemiological information to a "health care
             648      provider" as defined in Section 78-14-3 , health care personnel, or public health personnel who has
             649      a legitimate need to have access to the information in order to assist the patient or to protect the
             650      health of others closely associated with the patient. This Subsection (6) does not create a duty to
             651      warn third parties;
             652          (7) the disclosure is necessary to obtain payment from an insurer or other third-party payor
             653      in order for the department to obtain payment or to coordinate benefits for a patient; or
             654          (8) the disclosure is to the subject of the identifiable health data.
             655          Section 21. Section 26-4-12 is amended to read:
             656           26-4-12. Order to exhume body -- Procedure.
             657          (1) In case of any death described in Section 26-4-7 , when a body is buried without an
             658      investigation by the medical examiner as to the cause and manner of death, it shall be the duty of
             659      the medical examiner, upon being advised of the fact, to notify the district attorney or county
             660      attorney having criminal jurisdiction where the body is buried or death occurred. Upon
             661      notification, the district attorney or county attorney having criminal jurisdiction may file an action
             662      in the district court to obtain an order to exhume the body. A district judge may order the body
             663      exhumed upon an ex parte hearing.
             664          (2) (a) A body shall not be exhumed until notice of the order has been served upon the
             665      executor or administrator of the deceased's estate, or if no executor or administrator has been
             666      appointed, upon the nearest heir of the deceased, determined as if the deceased had died intestate.
             667      If the nearest heir of the deceased cannot be located within the jurisdiction, then the next heir in
             668      succession within the jurisdiction may be served.
             669          (b) The executor, administrator, or heir shall have 24 hours to notify the issuing court of
             670      any objection to the order prior to the time the body is exhumed. If no heirs can be located within
             671      the jurisdiction within 24 hours, the facts shall be reported to the issuing court which may order
             672      that the body be exhumed forthwith.
             673          (c) Notification to the executor, administrator, or heir shall specifically state the nature of
             674      the action and the fact that objection must be filed with the issuing court within 24 hours of the
             675      time of service.
             676          (d) In the event an heir files an objection, the court shall set hearing on the matter at the


             677      earliest possible time and issue an order on the matter immediately at the conclusion of the hearing.
             678      Upon the receipt of notice of objection, the court shall immediately notify the county attorney who
             679      requested the order, so that the interest of the state may be represented at the hearing.
             680          (e) When there is reason to believe that death occurred in a manner described in Section
             681      26-4-7 , the district attorney or county attorney having criminal jurisdiction may make a motion that
             682      the court, upon ex parte hearing, order the body exhumed forthwith and without notice. Upon a
             683      showing of exigent circumstances the court may order the body exhumed forthwith and without
             684      notice. In any event, upon motion of the district attorney or county attorney having criminal
             685      jurisdiction and upon the personal appearance of the medical examiner, the court for good cause
             686      may order the body exhumed forthwith and without notice.
             687          (3) An order to exhume a body shall be directed to the medical examiner, commanding
             688      him to cause the body to be exhumed, perform the required autopsy, and properly cause the body
             689      to be reburied upon completion of the examination.
             690          (4) The examination shall be completed and [a return of the order to exhume shall be made
             691      to the issuing court within ten days. The] the complete autopsy report shall be made to the district
             692      attorney or county attorney having criminal jurisdiction for any action the attorney [deems]
             693      considers appropriate. The district attorney or county attorney shall submit the return of the order
             694      to exhume within ten days in the manner prescribed by the issuing court.
             695          Section 22. Section 26-6-20 is amended to read:
             696           26-6-20. Serological testing of pregnant or recently delivered women.
             697          (1) Every licensed physician and surgeon attending a pregnant or recently delivered woman
             698      for conditions relating to her pregnancy shall take or cause to be taken a sample of blood of the
             699      woman at the time of first examination or within [10] ten days thereafter. [Such] The blood
             700      sample shall be submitted to an approved laboratory for a standard serological test for syphilis. The
             701      provisions of this section shall not apply to any female who objects thereto on the grounds that she
             702      is a bona fide member of a specified, well recognized religious organization whose teachings are
             703      contrary to [such] the tests.
             704          (2) Every other person attending a pregnant or recently delivered woman, who is not
             705      permitted by law to take blood samples, shall within ten days from the time of first attendance
             706      cause a sample of blood to be taken by a licensed physician. [Such] The blood sample shall be
             707      submitted to an approved laboratory for a standard serological test for syphilis.


             708          (3) An approved laboratory is a laboratory approved by the department according to its
             709      rules governing the approval of laboratories for the purpose of this title. In submitting [such] the
             710      sample to the laboratory the physician shall designate whether it is a prenatal test or a test
             711      following recent delivery.
             712          (4) For the purpose of this chapter, a "standard serological test" means a test for syphilis
             713      approved by the department and made at an approved laboratory.
             714          (5) [Upon a separate form furnished by the department,] The laboratory shall transmit a
             715      detailed report of the standard serological test, showing the result thereof[, shall be transmitted by
             716      the laboratory] to the physician[, and a copy submitted to the department. The copy submitted to
             717      the department shall be held in absolute confidence and not open to public inspection, provided
             718      that it shall be produced as evidence at a trial or proceeding in a court of competent jurisdiction,
             719      involving issues in which it may be material and relevant, on order of a judge of the court, and
             720      provided that it may be used in the compilation of aggregate figures and reports, without disclosing
             721      the identities of the persons involved].
             722          Section 23. Section 26-6a-2 is amended to read:
             723           26-6a-2. Emergency medical services provider's significant exposure --
             724      Documentation -- Request for testing -- Refusal or consent.
             725          (1) Whenever an emergency medical services provider has a significant exposure in the
             726      process of caring for a patient, he shall document that exposure. That documentation shall be [in
             727      writing, on forms approved] on the form prescribed by the department, and in the manner and time
             728      designated by the department.
             729          (2) (a) Upon notification of a significant exposure, or upon receipt of the documentation
             730      described in Subsection (1), the hospital, health care facility, or other facility that receives the
             731      patient or individual shall request that he consent to testing of his blood to determine the presence
             732      of any disease as defined in Section 26-6a-1 . The patient shall be informed that he may refuse to
             733      consent to the test and, if he refuses, the fact of his refusal will be forwarded to the designated
             734      agent and to the department, and the emergency medical services provider may seek a court order,
             735      pursuant to Section 78-29-102 , requiring the patient to undergo testing. The designated agent shall
             736      forward that information to the emergency medical services provider. The right to refuse a blood
             737      test under the circumstances described in this section does not apply to an individual who has been
             738      convicted of a crime and is in the custody or under the jurisdiction of the Department of


             739      Corrections, or to any person who is otherwise legally required to submit to testing.
             740          (b) If consent is given, the facility shall obtain and test, or provide for testing of, the
             741      patient's blood to determine the presence of any disease, in accordance with the provisions of this
             742      chapter.
             743          (c) If consent is not given, the emergency medical services provider may petition the
             744      district court for an order requiring the patient to submit to testing, pursuant to Section 78-29-102 .
             745          Section 24. Section 26-6b-4 is amended to read:
             746           26-6b-4. Required notice -- Representation by counsel -- Conduct of proceedings.
             747          (1) (a) If the individual who is subject to supervision is in custody, the department or the
             748      local health department, whichever is the petitioner, shall provide to the individual written notice
             749      of commencement of all proceedings and hearings held pursuant to Sections 26-6b-5 through
             750      26-6b-7 as soon as practicable, and shall [mail] send the notice to the legal guardian, any
             751      immediate adult family members, legal counsel for the parties involved, and any other persons
             752      whom the individual or the district court designates. The notice shall advise these persons that a
             753      hearing may be held within the time provided by this chapter.
             754          (b) If the individual has refused to permit release of information necessary for the
             755      provision of notice under this subsection, the extent of notice shall be determined by the district
             756      court.
             757          (2) (a) If the individual who is subject to supervision is in custody, he shall be afforded an
             758      opportunity to be represented by counsel. If neither the individual nor others provide for counsel,
             759      the district court shall appoint counsel and allow counsel sufficient time to consult with the
             760      individual prior to the hearing. If the individual is indigent, the payment of reasonable attorneys'
             761      fees for counsel, as determined by the district court, shall be made by the county in which the
             762      individual resides or was found.
             763          (b) The individual, the petitioner, and all other persons to whom notice is required to be
             764      given shall be afforded an opportunity to appear at the hearings, to testify, and to present and
             765      cross-examine witnesses. The district court may, in its discretion, receive the testimony of any
             766      other individual.
             767          (c) The district court may allow a waiver of the individual's right to appear only for good
             768      cause shown, and that cause shall be made a part of the court record.
             769          (d) The district court may order that the individual participate in the hearing by telephonic


             770      means if the individual's condition poses a health threat to those who physically attend the hearing
             771      or to others if the individual is transported to the court.
             772          (3) The district court may, in its discretion, order that the individual be moved to a more
             773      appropriate treatment, quarantine, or isolation facility outside of its jurisdiction, and may transfer
             774      the proceedings to any other district court within this state where venue is proper, provided that
             775      the transfer will not be adverse to the legal interests of the individual.
             776          (4) The district court may exclude from the hearing all persons not necessary for the
             777      conduct of the proceedings.
             778          (5) All hearings shall be conducted in as informal a manner as may be consistent with
             779      orderly procedure, and in a physical setting that is not likely to have a harmful effect on the health
             780      of the individual or others required to participate in the hearing.
             781          (6) The district court shall receive all relevant and material evidence which is offered,
             782      subject to Utah Rules of Evidence.
             783          Section 25. Section 26-8a-103 is amended to read:
             784           26-8a-103. State Emergency Medical Services Committee -- Membership -- Expenses.
             785          (1) The State Emergency Medical Services Committee created by Section 26-1-7 shall be
             786      composed of the following 16 members appointed by the governor, at least five of whom must
             787      reside in a county of the third, fourth, fifth, or sixth class:
             788          (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
             789      Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
             790          (i) one surgeon who actively provides trauma care at a hospital;
             791          (ii) one rural physician involved in emergency medical care;
             792          (iii) two physicians who practice in the emergency department of a general acute hospital;
             793      and
             794          (iv) one pediatrician who practices in the emergency department or critical care unit of a
             795      general acute hospital or a children's specialty hospital;
             796          (b) one representative from a private ambulance provider;
             797          (c) one representative from an ambulance provider that is neither privately owned nor
             798      operated by a fire department;
             799          (d) two chief officers from fire agencies operated by the following classes of licensed or
             800      designated emergency medical services providers: municipality, county, and fire district, provided


             801      that no class of medical services providers may have more than one representative under this
             802      Subsection (1)(d);
             803          (e) one director of a law enforcement agency that provides emergency medical services;
             804          (f) one hospital administrator;
             805          (g) one emergency care nurse;
             806          (h) one paramedic in active field practice;
             807          (i) one emergency medical technician in active field practice;
             808          (j) one certified emergency medical dispatcher affiliated with an emergency medical
             809      dispatch center; and
             810          (k) one consumer.
             811          (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a four-year
             812      term beginning July 1.
             813          (b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment or
             814      reappointment, adjust the length of terms to ensure that the terms of committee members are
             815      staggered so that approximately half of the committee is appointed every two years.
             816          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             817      appointed by the governor for the unexpired term.
             818          (3) (a) Each January, the committee shall organize and select one of its members as chair
             819      and one member as vice chair. The committee may organize standing or ad hoc subcommittees,
             820      which shall operate in accordance with guidelines established by the committee.
             821          (b) The chair shall convene a minimum of four meetings per year. The chair may call
             822      special meetings. The chair shall call a meeting upon [receipt of a written request signed by]
             823      request of five or more members of the committee.
             824          (c) Nine members of the committee constitute a quorum for the transaction of business and
             825      the action of a majority of the members present is the action of the committee.
             826          (4) (a) Members shall receive no compensation or benefits for their services, but may
             827      receive per diem and expenses incurred in the performance of the member's official duties at the
             828      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             829          (b) Members may decline to receive per diem and expenses for their service.
             830          (5) Administrative services for the committee shall be provided by the department.
             831          Section 26. Section 26-8a-414 is amended to read:


             832           26-8a-414. Annexations.
             833          (1) If a licensee is a municipality that desires to provide service to an area that it has
             834      annexed, the municipality may apply to the department to amend its license to include the annexed
             835      area. Upon receipt of a completed application to amend the license, the department shall [issue
             836      written notice of the municipality's application to] notify in writing all other licensed providers
             837      who serve any portion of the annexed area of the municipality's application.
             838          (2) If the department does not receive an objection from a licensed provider that serves
             839      some portion of the annexed area within 30 days of issuing the notice that identifies an adverse
             840      impact to the provider or the public, the department shall:
             841          (a) review the application to amend the license to determine whether the applicant can
             842      adequately provide services to the proposed area and whether the public interest in the areas of
             843      cost, quality, and access would be harmed; and
             844          (b) if the application meets the requirements of Subsection (2)(a), amend the municipality's
             845      license and all other affected licenses to reflect the municipality's new boundaries.
             846          (3) If an objection is received under Subsection (2), the municipality shall file a standard
             847      application for a license with the department under the provisions of Sections 26-8a-404 through
             848      26-8a-409 .
             849          Section 27. Section 26-15a-106 is amended to read:
             850           26-15a-106. Certified food safety manager.
             851          (1) Before a person may manage a food service establishment as a certified food safety
             852      manager, that person shall submit documentation in the format prescribed by the department to the
             853      appropriate local health department indicating a passing score on a department-approved
             854      examination.
             855          (2) To continue to manage a food service establishment, a certified food safety manager
             856      shall:
             857          (a) successfully complete, every three years, renewal requirements established by
             858      department rule which are consistent with original certification requirements; and
             859          (b) submit documentation in the format prescribed by the department within 30 days of
             860      the completion of renewal requirements to the appropriate local health department.
             861          (3) A local health department may deny, revoke, or suspend the authority of a certified
             862      food safety manager to manage a food service establishment or require the completion of


             863      additional food safety training courses for any one of the following reasons:
             864          (a) submitting information required under Subsection (1) or (2) that is false, incomplete,
             865      or misleading;
             866          (b) repeated violations of department or local health department food safety rules; or
             867          (c) operating a food service establishment in a way that causes or creates a health hazard
             868      or otherwise threatens the public health, safety, or welfare.
             869          (4) A determination of a local health department made pursuant to Subsection (3) may be
             870      appealed by a certified food safety manager in the same manner provided for in Subsection
             871      26-15a-104 (4).
             872          (5) No person may use the title "certified food safety manager," or any other similar title,
             873      unless the person has satisfied the requirements of this chapter.
             874          Section 28. Section 26-21-9 is amended to read:
             875           26-21-9. Application for license -- Information required -- Public records.
             876          (1) An application for license shall be made to the department [on a form supplied] in a
             877      form prescribed by the department. The [form and other documents] application and other
             878      documentation requested by the department as part of the application process shall require such
             879      information as the committee determines necessary to ensure compliance with established rules.
             880          (2) Information received by the department in reports and inspections shall be public
             881      records, except the information shall not be disclosed if it directly or indirectly identifies any
             882      individual other than the owner or operator of a health facility (unless disclosure is required by
             883      law) or if its disclosure would otherwise constitute an unwarranted invasion of personal privacy.
             884          (3) Information received by the department from a health care facility, pertaining to that
             885      facility's accreditation by a voluntary accrediting organization, shall be private data except for a
             886      summary prepared by the department related to licensure standards.
             887          Section 29. Section 26-21-20 is amended to read:
             888           26-21-20. Requirement for hospitals to provide statements of itemized charges to
             889      patients.
             890          (1) Each hospital, as defined in Section 26-21-2 , shall provide a statement of itemized
             891      charges to any patient receiving medical care or other services from that hospital.
             892          (2) The statement shall be provided to the patient or his personal representative or agent
             893      at the hospital's expense, [either] personally [or], by mail, or by verifiable electronic delivery at


             894      the time any statement is provided to any person or entity for billing purposes. If the statement is
             895      not provided to a third party, it shall be provided to the patient as soon as possible and practicable.
             896          (3) The statement shall itemize each of the charges actually provided by the hospital to the
             897      patient.
             898          (4) The statement may not include charges of physicians who bill separately.
             899          (5) The requirements of this section do not apply to patients who receive services from a
             900      hospital under Title XIX of the Social Security Act.
             901          (6) A statement of charges to be paid by a third party and related information provided to
             902      a patient pursuant to this section shall be marked in bold: "DUPLICATE: DO NOT PAY" or other
             903      appropriate language.
             904          Section 30. Section 26-39-105.5 is amended to read:
             905           26-39-105.5. Residential child care certificate.
             906          (1) (a) A residential child care provider of five to eight children shall obtain a Residential
             907      Child Care Certificate from the department unless Section 26-39-106 applies.
             908          (b) The qualifications for a Residential Child Care Certificate are limited to:
             909          (i) the submission of:
             910          (A) an application [on a form prepared] in the form prescribed by the department;
             911          (B) a certification and criminal background fee established in accordance with Section
             912      26-1-6 ; and
             913          (C) identifying information described in Subsection 26-39-107 (1) for each adult person
             914      who resides in the provider's home:
             915          (I) for processing by the Department of Public Safety to determine whether any such
             916      person has been convicted of a crime; and
             917          (II) to screen for a substantiated finding of child abuse or neglect pursuant to Section
             918      62A-4a-116 ;
             919          (ii) an initial and annual inspection of the provider's home within 90 days of sending an
             920      intent to inspect notice to:
             921          (A) check the immunization record of each child who receives child care in the provider's
             922      home;
             923          (B) identify serious sanitation, fire, and health hazards to children; and
             924          (C) make appropriate recommendations; and


             925          (iii) for new providers, completion of:
             926          (A) five hours of department-approved training; and
             927          (B) a department-approved CPR and first aid course.
             928          (c) If a serious sanitation, fire, or health hazard has been found during an inspection
             929      conducted pursuant to Subsection (1)(b)(ii), the department may, at the option of the residential
             930      care provider:
             931          (i) require corrective action for the serious hazards found and make an unannounced
             932      follow up inspection to determine compliance; or
             933          (ii) inform the parents of each child in the care of the provider of the results of the
             934      department's inspection and the failure of the provider to take corrective action.
             935          (d) In addition to an inspection conducted pursuant to Subsection (1)(b)(ii), the department
             936      may inspect the home of a residential care provider of five to eight children in response to a
             937      complaint of:
             938          (i) child abuse or neglect;
             939          (ii) serious health hazards in or around the provider's home; or
             940          (iii) providing residential child care without the appropriate certificate or license.
             941          (2) Notwithstanding this section:
             942          (a) a license under Section 26-39-105 is required of a residential child care provider who
             943      cares for nine or more children;
             944          (b) a certified residential child care provider may not provide care to more than two
             945      children under the age of two; and
             946          (c) an inspection may be required of a residential child care provider in connection with
             947      a federal child care program.
             948          (3) With respect to residential child care, the department may only make and enforce rules
             949      necessary to implement this section.
             950          Section 31. Section 34-32-1 is amended to read:
             951           34-32-1. Assignments to labor unions -- Effect.
             952          Whenever an employee of any person, firm, school district, private or municipal
             953      corporation within [the] this state [of Utah executes and delivers to] desires his employer [an
             954      instrument in writing whereby such employer is directed] to deduct a sum at the rate not exceeding
             955      3% per month from his wages [and to pay the same] for payment to a labor organization or union


             956      or any other organization of employees as assignee, upon notification in writing or verifiable
             957      electronic means, it shall be the duty of [such] the employer to make [such] the deduction and to
             958      pay [the same monthly or as designated by employee] to [such] the assignee and to continue to do
             959      so until otherwise directed [by the employee through an instrument in writing].
             960          Section 32. Section 41-1a-116 is amended to read:
             961           41-1a-116. Records -- Telephone requests for records -- Search fee.
             962          (1) All records of the division are public unless the division determines based upon a
             963      written request by the subject of the record that the record is protected.
             964          (2) Access to public records is determined by Section 63-2-201 .
             965          (3) Access to protected records, except as provided in Subsection (4), is determined by
             966      Section 63-2-202 .
             967          (4) In addition to those persons granted access to protected records under Section
             968      63-2-202 , the division may disclose a protected record to a licensed private investigator with a
             969      legitimate business need, a person with a bona fide security interest, or for purposes of safety,
             970      product recall, advisory notices, or statistical reports only upon receipt of a signed
             971      acknowledgment that the person receiving that protected record may not:
             972          (a) disclose information from that record to any other person; or
             973          (b) use information from that record for advertising or solicitation purposes.
             974          (5) The division may provide protected information to a statistic gathering entity under
             975      Subsection (4) only in summary form.
             976          (6) A person allowed access to protected records under Subsection (4) may request motor
             977      vehicle title or registration information from the division regarding any person, entity, or motor
             978      vehicle by submitting [in person or by mail] a written application on a form provided by the
             979      division.
             980          (7) If a person regularly requests information for business purposes, the division may by
             981      rule allow the information requests to be made by telephone and fees as required under Subsection
             982      (8) charged to a division billing account to facilitate division service. The rules shall require that
             983      the:
             984          (a) division determine if the nature of the business and the volume of requests merit the
             985      dissemination of the information by telephone;
             986          (b) division determine if the credit rating of the requesting party justifies providing a


             987      billing account; and
             988          (c) the requestor submit to the division an application that includes names and signatures
             989      of persons authorized to request information by telephone and charge the fees to the billing
             990      account.
             991          (8) (a) The division shall charge a reasonable search fee determined under Section
             992      63-38-3.2 for the research of each record requested.
             993          (b) Fees may not be charged for furnishing information to persons necessary for their
             994      compliance with this chapter.
             995          (c) Law enforcement agencies have access to division records free of charge.
             996          Section 33. Section 41-1a-512 is amended to read:
             997           41-1a-512. Application for title.
             998          (1) The application for a certificate of title shall include:
             999          (a) the signature [in ink] of each person to be recorded on the certificate as owner;
             1000          (b) the name, bona fide residence and mailing address of the owner, or business address
             1001      of the owner if the owner is a firm, association, or corporation;
             1002          (c) a description of the vehicle, vessel, or outboard motor, including the make, model, type
             1003      of body, the model year as specified by the manufacturer, the number of cylinders, the
             1004      identification number of the vehicle, vessel, or outboard motor, as applicable, and other
             1005      information the division may require;
             1006          (d) other information required by the division to enable it to determine whether the owner
             1007      is entitled to a certificate of title;
             1008          (e) a statement of one lien or encumbrance, if any, upon the vehicle, vessel, or outboard
             1009      motor; and
             1010          (f) the names and addresses of all persons having any ownership interest in the vehicle,
             1011      vessel, or outboard motor and the nature of the ownership interest.
             1012          (2) An application for a certificate of title for a new vehicle, vessel, or outboard motor
             1013      purchased from a dealer shall be accompanied by a statement by the dealer or a bill of sale showing
             1014      any lien retained by the dealer.
             1015          Section 34. Section 41-3-105 is amended to read:
             1016           41-3-105. Administrator's powers and duties -- Administrator and investigators to
             1017      be law enforcement officers.


             1018          (1) The administrator may make rules to carry out the purposes of this chapter and Sections
             1019      41-1a-1001 through 41-1a-1007 according to the procedures and requirements of Title 63, Chapter
             1020      46a, Utah Administrative Rulemaking Act.
             1021          (2) (a) The administrator may employ clerks, deputies, and assistants necessary to
             1022      discharge the duties under this chapter and may designate the duties of those clerks, deputies, and
             1023      assistants.
             1024          (b) The administrator, assistant administrator, and all investigators shall be law
             1025      enforcement officers certified by peace officer standards and training as required by Section
             1026      53-13-103 .
             1027          (3) (a) The administrator may investigate any suspected or alleged violation of:
             1028          (i) this chapter;
             1029          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
             1030          (iii) any law concerning motor vehicle fraud; or
             1031          (iv) any rule made by the administrator.
             1032          (b) The administrator may bring an action in the name of the state against any person to
             1033      enjoin a violation found under Subsection (3)(a).
             1034          (4) (a) The administrator may prescribe forms to be used for applications for licenses.
             1035          (b) The administrator may require information from the applicant concerning the
             1036      applicant's fitness to be licensed.
             1037          (c) Each application for a license shall contain:
             1038          (i) if the applicant is an individual, the name and residence address of the applicant and
             1039      the trade name, if any, under which he intends to conduct business;
             1040          (ii) if the applicant is a partnership, the name and residence address of each partner,
             1041      whether limited or general, and the name under which the partnership business will be conducted;
             1042          (iii) if the applicant is a corporation, the name of the corporation, and the name and
             1043      residence address of each of its principal officers and directors;
             1044          (iv) a complete description of the principal place of business, including:
             1045          (A) the municipality, with the street and number, if any;
             1046          (B) if located outside of any municipality, a general description so that the location can
             1047      be determined; and
             1048          (C) any other places of business operated and maintained by the applicant in conjunction


             1049      with the principal place of business; and
             1050          (v) if the application is for a new motor vehicle dealer's license, the name of each motor
             1051      vehicle the applicant has been enfranchised to sell or exchange, the name and address of the
             1052      manufacturer or distributor who has enfranchised the applicant, and the names and addresses of
             1053      the individuals who will act as salespersons under authority of the license.
             1054          (5) The administrator may adopt a seal with the words "Motor Vehicle Enforcement
             1055      Administrator, State of Utah," to authenticate the acts of his office.
             1056          (6) (a) The administrator may require that the licensee erect or post signs or devices on his
             1057      principal place of business and any other sites, equipment, or locations operated and maintained
             1058      by the licensee in conjunction with his business.
             1059          (b) The signs or devices shall state the licensee's name, principal place of business, type
             1060      and number of licenses, and any other information that the administrator considers necessary to
             1061      identify the licensee.
             1062          (c) The administrator may make rules in accordance with Title 63, Chapter 46a, Utah
             1063      Administrative Rulemaking Act, determining allowable size and shape of signs or devices, their
             1064      lettering and other details, and their location.
             1065          (7) (a) The administrator shall provide for quarterly meetings of the advisory board and
             1066      may call special meetings.
             1067          (b) Notices of all meetings shall be [mailed] sent to each member [at his last-known
             1068      address] not fewer than five days prior to the meeting.
             1069          (8) The administrator, the officers and inspectors of the division designated by the
             1070      commission, and peace officers shall:
             1071          (a) make arrests upon view and without warrant for any violation committed in their
             1072      presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
             1073          (b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is
             1074      being operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require
             1075      the driver of the vehicle to stop, exhibit his driver's license and the registration card issued for the
             1076      vehicle and submit to an inspection of the vehicle, the license plates, and registration card;
             1077          (c) serve all warrants relating to the enforcement of the laws regulating the operation of
             1078      motor vehicles, trailers, and semitrailers;
             1079          (d) investigate traffic accidents and secure testimony of witnesses or persons involved; and


             1080          (e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
             1081          Section 35. Section 41-3-803 is amended to read:
             1082           41-3-803. Consignment sales.
             1083          (1) A consignor may take possession of his consigned vehicle at any time the consigned
             1084      vehicle is in the possession of a consignee, provided that the consignor:
             1085          (a) has notified the consignee in writing that he will take possession of the consigned
             1086      vehicle; and
             1087          (b) has paid all outstanding charges owing to the consignee that have been agreed to by
             1088      the consignor in accordance with Subsection (2).
             1089          (2) The agreed upon charges under Subsection (1)(b) shall be:
             1090          [(a) in writing;]
             1091          [(b)] (a) stated on a form designed by the department; and
             1092          [(c) attached to] (b) included with the written consignment agreement.
             1093          (3) A consignee who sells a consigned vehicle shall report to the consignor in writing the
             1094      exact selling price of the consigned vehicle under either of the following circumstances:
             1095          (a) the consignor and consignee agree in writing that the consignor shall receive a
             1096      percentage of the selling price upon the sale of the vehicle; or
             1097          (b) the consignor and consignee renegotiate in writing the selling price of the vehicle.
             1098          (4) When a consignee sells a consigned vehicle:
             1099          (a) the consignee, within seven calendar days of the date of sale, must give written notice
             1100      to the consignor that the consigned vehicle has been sold; and
             1101          (b) the consignee, within 21 calendar days of the date of sale, or within 15 calendar days
             1102      of receiving payment in full for the consigned vehicle, whichever date is earlier, shall remit the
             1103      payment received to the consignor, unless the agreement to purchase the consigned vehicle has
             1104      been rescinded before expiration of the 21 days.
             1105          (5) If the agreement to purchase the consigned vehicle has for any reason been rescinded
             1106      before the expiration of 21 calendar days of the date of sale, the consignee shall within five
             1107      calendar days thereafter give written notice to the consignor that the agreement to purchase has
             1108      been rescinded.
             1109          (6) Vehicles on consignment shall be driven with the consignee's dealer plates. All other
             1110      license plates or registration indicia must be removed from the vehicle.


             1111          (7) Prior to driving a consigned vehicle on the consignee's dealer plates, the consignee and
             1112      the consignor shall execute a written consignment agreement that states:
             1113          (a) the party responsible for damage or misuse to a consigned vehicle; and
             1114          (b) the permitted uses a consignee may make of a consigned vehicle.
             1115          (8) The consignee shall keep the written consignment agreement on file at his principal
             1116      place of business.
             1117          Section 36. Section 53-7-107 is enacted to read:
             1118          53-7-107. Electronic writing.
             1119          (1) Any writing required or permitted by this chapter may be filed or prepared in an
             1120      electronic medium and by electronic transmission subject to the ability of the recipient to accept
             1121      and process the electronic writing.
             1122          (2) Any writing required by this chapter to be signed that is in an electronic medium shall
             1123      be signed by digital signature in accordance with Title 46, Chapter 3, Utah Digital Signature Act.
             1124          Section 37. Section 53-7-305 is amended to read:
             1125           53-7-305. Board rulemaking -- Notice.
             1126          (1) (a) The board shall make rules as reasonably necessary for the protection of the health,
             1127      welfare, and safety of the public and persons using LPG.
             1128          (b) The rules shall be in substantial conformity with the generally accepted standards of
             1129      safety concerning LPG, and shall include the following conditions:
             1130          (i) the rules relating to safety in the storage, distribution, dispensing, transporting, and use
             1131      of LPG in this state and in the manufacture, fabrication, assembly, sale, installation, and use of
             1132      LPG systems, containers, apparatus, or appliances shall be reasonable; and
             1133          (ii) the rules shall conform as nearly as possible to the standards of the National Fire
             1134      Protection Association, relating to the design, construction, installation, and use of systems,
             1135      containers, apparatus, appliances, and pertinent equipment for the storage, transportation,
             1136      dispensation, and use of LPG.
             1137          (2) The board may make rules:
             1138          (a) setting minimum general standards covering the design, construction, location,
             1139      installation, and operation of equipment for storing, handling, transporting by tank truck or tank
             1140      trailer, or using LPG;
             1141          (b) specifying the odorization of the gases and the degree of odorization;


             1142          (c) governing LPG distributors and installers and the installation of LPG systems,
             1143      carburetion systems, and fueling systems; and
             1144          (d) prescribing maximum container removal rates.
             1145          (3) (a) When a proposed rule is filed, the board shall give at least ten days' notice to all
             1146      license applicants and licensees under this chapter by [mailing] sending a notice of the proposed
             1147      new, revised, or amended rule together with a notice of hearing to the licensee's current address
             1148      on file with the board.
             1149          (b) Any person affected by rulemaking under this part may submit written comment on the
             1150      rule.
             1151          (c) A certificate citing the adoption and the effective date of a rule shall be signed by the
             1152      members comprising a majority of the board.
             1153          (d) Within ten days after the adoption of the rule, the board shall [cause to be mailed] send
             1154      to each license applicant or licensee, at his current address on file, a notice of the adoption of the
             1155      rule, including its effective date.
             1156          (e) A facsimile of any member's signature may be used under this section if authorized by
             1157      the member.
             1158          Section 38. Section 53A-14-104 is amended to read:
             1159           53A-14-104. Sealed proposals for textbook contracts -- Sample copies -- Price of
             1160      textbooks.
             1161          (1) As used in this section, the word "sealed" does not preclude acceptance of
             1162      electronically sealed and submitted bids or proposals in addition to bids or proposals manually
             1163      sealed and submitted.
             1164          [(1)] (2) A person seeking a contract to furnish textbooks for use in the public schools shall
             1165      submit a sealed proposal to the commission.
             1166          [(2)] (3) Each proposal must be accompanied by sample copies of the textbooks proposed
             1167      to be furnished and the wholesale price at which the publisher agrees to furnish each textbook
             1168      during the adoption period.
             1169          Section 39. Section 53A-20-101 is amended to read:
             1170           53A-20-101. Construction and alteration of schools and plants -- Advertising for bids
             1171      -- Payment and performance bonds -- Contracts -- Bidding limitations on local school boards
             1172      -- Interest of local school board members.


             1173          (1) As used in this section, the word "sealed" does not preclude acceptance of
             1174      electronically sealed and submitted bids or proposals in addition to bids or proposals manually
             1175      sealed and submitted.
             1176          [(1)] (2) (a) Prior to the construction of any school or the alteration of any existing school
             1177      plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
             1178      board shall advertise for bids on the project at least ten days before the bid due date.
             1179          (b) The board shall have the advertisement published in a newspaper having general
             1180      circulation throughout the state and in appropriate construction trade publications that offer free
             1181      listings.
             1182          (c) A similar advertisement is required in a newspaper published or having general
             1183      circulation in any city or county that would be affected by the proposed project.
             1184          (d) The advertisement shall:
             1185          (i) require sealed proposals for the building project in accordance with plans and
             1186      specifications furnished by the local school board;
             1187          (ii) state where and when the proposals will be opened and shall reserve the right of the
             1188      board to reject any and all proposals; and
             1189          (iii) require a certified check or bid bond of not less than 5% of the bid to accompany the
             1190      bid.
             1191          [(2)] (3) (a) The board shall meet at the time and place specified in the advertisement and
             1192      publicly open and read all received proposals.
             1193          (b) If satisfactory bids are received, the board shall award the contract to the lowest
             1194      responsible bidder.
             1195          (c) If none of the proposals are satisfactory, all shall be rejected.
             1196          (d) The board shall again advertise in the manner provided in this section.
             1197          (e) If, after advertising a second time no satisfactory bid is received, the board may proceed
             1198      under its own direction with the required project.
             1199          [(3)] (4) (a) The check or bond required under Subsection (1)(d) shall be drawn in favor
             1200      of the local school board.
             1201          (b) If the successful bidder fails or refuses to enter into the contract and furnish the
             1202      additional bonds required under this section, then the bidder's check or bond is forfeited to the
             1203      district.


             1204          [(4)] (5) A local school board shall require payment and performance bonds of the
             1205      successful bidder as required in Section 63-56-38 .
             1206          [(5)] (6) (a) A local school board may require in the proposed contract that at least 10%
             1207      of the contract price be withheld until the project is completed and accepted by the board.
             1208          (b) If money is withheld, the board shall place it in an interest bearing account, and the
             1209      interest accrues for the benefit of the contractor and subcontractors.
             1210          (c) This money shall be paid upon completion of the project and acceptance by the board.
             1211          [(6)] (7) (a) A local school board may not bid on projects within the district if the total
             1212      accumulative estimated cost exceeds $80,000.
             1213          (b) The board may use its resources if no satisfactory bids are received under this section.
             1214          [(7)] (8) A local school board member may not have a direct or indirect financial interest
             1215      in the construction project contract.
             1216          Section 40. Section 57-11-5 is amended to read:
             1217           57-11-5. Registration, public offering statement, and receipt required for sale of
             1218      subdivided land -- Temporary permit -- Right of rescission.
             1219          Unless the subdivided lands or the transaction is exempt under Section 57-11-4 , all of the
             1220      following apply:
             1221          (1) No person may offer or dispose of any interest in subdivided lands located in this state
             1222      nor offer or dispose in this state of any interest in subdivided lands located outside of this state
             1223      prior to the time the subdivided lands are registered in accordance with this chapter.
             1224          (2) Notwithstanding Subsection (1), the division may grant a temporary permit allowing
             1225      the developer to begin a sales program while the registration is in process. In order to obtain a
             1226      temporary permit the developer must:
             1227          (a) submit [a formal written request] an application to the division for a temporary permit
             1228      in the form required by the division;
             1229          (b) submit a substantially complete application for registration to the division, including
             1230      all appropriate fees and exhibits required under Sections 57-11-6 and 57-11-7 in addition to a
             1231      temporary permit fee of $100;
             1232          (c) provide evidence acceptable to the division that all funds received by the developer or
             1233      marketing agent will be placed into an independent escrow with instructions that funds will not
             1234      be released until a final registration has been granted;


             1235          (d) give to each purchaser and potential purchaser a copy of the proposed property report
             1236      which the developer has submitted to the division with the original application; and
             1237          (e) give to each purchaser the opportunity to rescind the purchase in accordance with this
             1238      section. The purchaser must be granted an additional opportunity to rescind upon the issuance of
             1239      an approved registration if the division determines that there is a substantial difference in the
             1240      disclosures contained in the final property report and those given to the purchaser in the proposed
             1241      property report.
             1242          (3) Any contract or agreement of disposition for an interest in subdivided lands may be
             1243      rescinded by the purchaser without cause by midnight of the fifth calendar day after the execution
             1244      of the contract or agreement of disposition. This right of rescission may not be waived by
             1245      agreement. The contract or agreement of disposition shall state in boldface type on the signature
             1246      page above all signatures: YOU HAVE THE OPTION TO CANCEL YOUR CONTRACT OR
             1247      AGREEMENT OF DISPOSITION BY NOTICE TO THE SELLER UNTIL MIDNIGHT OF THE
             1248      FIFTH CALENDAR DAY FOLLOWING THE SIGNING OF THE CONTRACT OR
             1249      AGREEMENT. WRITTEN NOTICE OF CANCELLATION MUST BE PERSONALLY
             1250      DELIVERED OR SENT BY CERTIFIED MAIL, POSTMARKED BY MIDNIGHT OF THE
             1251      FIFTH CALENDAR DAY FOLLOWING THE SIGNING OF THE CONTRACT OR
             1252      AGREEMENT, TO THE SELLER AT: (Address of Seller).
             1253          (4) No person may dispose of any interest in subdivided lands without delivering to the
             1254      purchaser an effective, current public offering statement and obtaining a dated, signed receipt for
             1255      the public offering statement in a form to be approved by the division from each purchaser. The
             1256      subdivider shall retain each receipt for two years from the date of its execution. All receipts shall
             1257      be made available for inspection upon request by the division. Failure to comply with this
             1258      subsection shall not constitute a cause of action under Section 57-11-17 but shall be grounds for
             1259      appropriate action by the division under Sections 57-11-13 and 57-11-14 .
             1260          Section 41. Section 57-11-11 is amended to read:
             1261           57-11-11. Rules of division -- Filing advertising material -- Injunctions --
             1262      Intervention by division in suits -- General powers of division.
             1263          (1) The division shall prescribe reasonable rules which shall be adopted, amended, or
             1264      repealed only after a public hearing with notice thereof published once in a newspaper or
             1265      newspapers with statewide circulation and [mailed] sent to any nonprofit organization which files


             1266      a written request for notice with the division; said notice shall be published and [mailed] sent not
             1267      less than [twenty] 20 days prior to the hearing. The rules shall include but need not be limited to:
             1268          (a) provisions for advertising standards to assure full and fair disclosure;
             1269          (b) provisions for escrow or trust agreements, performance bonds, or other means
             1270      reasonably necessary to assure that all improvements referred to in the application for registration
             1271      and advertising will be completed and that purchasers will receive the interest in land contracted
             1272      for. These provisions, however, shall not be required if the city or county in which the subdivision
             1273      is located requires similar means of assurance of a nature and in an amount no less adequate than
             1274      is required under said rules;
             1275          (c) provisions for operating procedures;
             1276          (d) provisions for a shortened form of registration in cases where the division determines
             1277      that the purposes of this act do not require a subdivision to be registered pursuant to an application
             1278      containing all the information required by Section 57-11-6 or do not require that the public offering
             1279      statement contain all the information required by Section 57-11-7 ; and
             1280          (e) other rules necessary and proper to accomplish the purpose of this act.
             1281          (2) The division by rule or order, after reasonable notice, may require the filing of
             1282      advertising material relating to subdivided lands prior to its distribution, provided that the division
             1283      must approve or reject any [such] advertising material within [fifteen] 15 days from the receipt
             1284      thereof or the material shall be [deemed] considered approved.
             1285          (3) If it appears that a person has engaged or is about to engage in an act or practice
             1286      constituting a violation of a provision of this act or a rule or order hereunder, the agency, with or
             1287      without prior administrative proceedings, may bring an action in the district court of the district
             1288      where said person maintains his residence or a place of business or where said act or practice has
             1289      occurred or is about to occur, to enjoin the acts or practices and to enforce compliance with this
             1290      act or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining
             1291      orders shall be granted, and a receiver or conservator may be appointed. The division shall not be
             1292      required to post a bond in any court proceedings.
             1293          (4) The division shall be allowed to intervene in a suit involving subdivided lands, either
             1294      as a party or as an amicus curiae, where it appears that the interpretation or constitutionality of any
             1295      provision of law will be called into question. In any suit by or against a subdivider involving
             1296      subdivided lands, the subdivider promptly shall furnish the agency notice of the suit and copies


             1297      of all pleadings. Failure to do so may, in the discretion of the division, constitute grounds for the
             1298      division withholding any approval required by this act.
             1299          (5) The division may:
             1300          (a) accept registrations filed in other states or with the federal government;
             1301          (b) contract with public agencies or qualified private persons in this state or other
             1302      jurisdictions to perform investigative functions;
             1303          (c) accept grants-in-aid from any source.
             1304          (6) The division shall cooperate with similar agencies in other jurisdictions to establish
             1305      uniform filing procedures and forms, uniform public offering statements, advertising standards,
             1306      rules, and common administrative practices.
             1307          Section 42. Section 57-11-12 is amended to read:
             1308           57-11-12. Investigatory powers and proceedings of division.
             1309          (1) The division may:
             1310          (a) make necessary public or private investigations within or outside of this state to
             1311      determine whether any person has violated or is about to violate this act or any rule or order
             1312      hereunder or to aid in the enforcement of this act or in the prescribing of rules and forms
             1313      hereunder;
             1314          (b) require or permit any person to file a [statement in writing, under oath or otherwise as
             1315      the division determines,] complaint in the form required by the division as to all the facts and
             1316      circumstances concerning the matter to be investigated.
             1317          (2) For the purpose of any investigation or proceeding under this act, the division or any
             1318      officer designated by rule may administer oaths or affirmations, and upon its own motion or upon
             1319      request of any party may subpoena witnesses, compel their attendance, take evidence, and require
             1320      the production of any matter which is relevant to the investigation, including the existence,
             1321      description, nature, custody, condition and location of any books, documents, or other tangible
             1322      things and the identity and location of persons having knowledge of relevant facts, or any other
             1323      matter reasonably calculated to lead to the discovery of material evidence.
             1324          (3) Upon failure to obey a subpoena or to answer questions propounded by the
             1325      investigating officer and upon reasonable notice to all persons affected thereby, the division may
             1326      apply to any district court for an order compelling compliance.
             1327          Section 43. Section 57-19-6 is amended to read:


             1328           57-19-6. Effective date of application.
             1329          (1) An application for registration filed pursuant to Section 57-19-5 is effective upon the
             1330      expiration of 30 business days following its filing with the director, unless:
             1331          (a) an order denying the application pursuant to Section 57-19-13 is in effect;
             1332          (b) a prior effective date has been ordered by the director; or
             1333          (c) the director has, prior to that date, notified the applicant of a defect in the registration
             1334      application.
             1335          (2) An applicant may consent to the delay of effectiveness until the director by order
             1336      declares the registration to be effective.
             1337          (3) Notwithstanding Section 57-19-4 , the division may grant a temporary permit allowing
             1338      the developer to begin a sales program while the registration is in process. To obtain a temporary
             1339      permit, the developer shall:
             1340          (a) submit [a formal written request] an application to the division for a temporary permit
             1341      in the form required by the division;
             1342          (b) submit a substantially complete application for registration to the division, including
             1343      all appropriate fees and exhibits required under Section 57-19-5 , plus a temporary permit fee of
             1344      $100;
             1345          (c) provide evidence acceptable to the division that all funds received by the developer or
             1346      marketing agent will be placed into an independent escrow with instructions that funds will not
             1347      be released until a final registration has been granted;
             1348          (d) give to each purchaser and potential purchaser a copy of the proposed property report
             1349      that the developer has submitted to the division with the initial application; and
             1350          (e) give to each purchaser the opportunity to cancel the purchase in accordance with
             1351      Section 57-19-12 . The purchaser shall have an additional opportunity to cancel upon the issuance
             1352      of an approved registration if the division determines that there is a substantial difference in the
             1353      disclosures contained in the final property report and those given to the purchase in the proposed
             1354      property report.
             1355          Section 44. Section 57-19-9 is amended to read:
             1356           57-19-9. Duration of registration -- Amendment and renewal -- Supplemental
             1357      disclosure -- Notice of amendment.
             1358          (1) Registration of a project is effective for a period of one year and may, upon application,


             1359      be renewed for successive periods of one year each.
             1360          (2) A registration may be amended at any time, for any reason, by filing an amended
             1361      application for registration, which amended registration shall become effective in the manner
             1362      provided in Section 57-19-6 .
             1363          (3) The written disclosure required to be furnished to prospective purchasers pursuant to
             1364      Section 57-19-11 shall be supplemented [in writing] as often as is necessary to keep the required
             1365      information reasonably current. These [written] supplements shall be filed with the director as
             1366      provided in Section 57-19-8 .
             1367          (4) Every developer shall provide timely [written] notice sent to the director of any event
             1368      which has occurred which may have a material adverse effect on the conduct of the operation of
             1369      the project. In addition to this notification, the developer shall, within 30 days of the occurrence
             1370      of that event, file an amendment to the registration disclosing the information previously provided.
             1371          (5) Each application for renewal of a registration and each supplementary filing as
             1372      provided in this section shall be accompanied by a fee of $200.
             1373          Section 45. Section 59-1-503 is amended to read:
             1374           59-1-503. Assessment and payment of amount determined.
             1375          (1) Following a redetermination of a deficiency by the commission, the entire amount
             1376      redetermined as the deficiency by the decision of the commission, which has become final, shall
             1377      be assessed and shall be paid within 30 days from the date [of mailing of] the notice and demand
             1378      is sent from the commission.
             1379          (2) If the taxpayer does not file a petition with the commission within the time prescribed
             1380      for filing the petition, the deficiency, notice of which has been [mailed] sent to the taxpayer shall
             1381      be assessed, and shall be paid within 30 days from the date [of mailing of] the notice and demand
             1382      is sent from the commission.
             1383          Section 46. Section 59-1-504 is amended to read:
             1384           59-1-504. Time determination final.
             1385          The action of the commission on the taxpayer's petition for redetermination of deficiency
             1386      shall be final 30 days after the date [of mailing] of the commission's notice of agency action is sent.
             1387      All tax, interest, and penalties are due 30 days from the date [of mailing] the commission's
             1388      decision or order is sent, unless the taxpayer seeks judicial review.
             1389          Section 47. Section 59-2-212 is amended to read:


             1390           59-2-212. Equalization of values -- Hearings.
             1391          (1) The commission shall adjust and equalize the valuation of the taxable property in all
             1392      counties of the state for the purpose of taxation; and may order or make an assessment or
             1393      reassessment of any property which the commission determines has been overassessed or
             1394      underassessed or which has not been assessed.
             1395          (2) If the commission intends to make an assessment or reassessment under this section,
             1396      the commission shall give at least 15 days written notice [and] of the time and place fixed for the
             1397      determination of the assessment [shall be given by the commission by letter deposited in the post
             1398      office at least 15 days before the date so fixed,] to the owner of the property and to the auditor of
             1399      the county in which the property is located. Upon the date so fixed the commission shall assess
             1400      or reassess the property and shall notify the county auditor of the assessment made, and every
             1401      assessment has the same force and effect as if made by the county assessor before the delivery of
             1402      the assessment book to the county treasurer.
             1403          (3) The county auditor shall record the assessment upon the assessment books in the same
             1404      manner provided under Section 59-2-1011 in the case of a correction made by the county board
             1405      of equalization, and no county board of equalization or assessor may change any assessment so
             1406      fixed by the commission.
             1407          (4) All hearings upon assessments made or ordered by the commission pursuant to this
             1408      section shall be held in the county in which the property involved is located.
             1409          (5) One or more members of the commission may conduct the hearing, and any assessment
             1410      made after a hearing before any number of the members of the commission shall be as valid as if
             1411      made after a hearing before the full commission.
             1412          Section 48. Section 59-2-214 is amended to read:
             1413           59-2-214. Commission to furnish forms for taxpayers' statements.
             1414          (1) The commission shall furnish the assessor of each county with blank forms of
             1415      statements provided under Section 59-2-306 , affixing [thereto an affidavit] to the form a statement
             1416      substantially as follows to be signed by the party completing the form:
             1417          I, ____, do swear that I am a resident of the county of ____, and that my post office address
             1418      is ____; that the above list contains a full and correct statement of all property subject to taxation,
             1419      which I, or any firm of which I am a member, or any corporation, association, or company of
             1420      which I am president, cashier, secretary, or managing agent, owned, claimed, possessed, or


             1421      controlled at 12 o'clock [m.] midnight on the preceding January 1 and which is not already
             1422      assessed this year.
             1423          (2) The [affidavit to the] signed statement made on behalf of a firm or corporation shall
             1424      state the principal place of business of the firm or corporation, and in other respects shall conform
             1425      substantially to the preceding form.
             1426          Section 49. Section 59-2-306 is amended to read:
             1427           59-2-306. Statements by taxpayers -- Power of assessors respecting statements.
             1428          (1) The county assessor may request a signed statement [in affidavit form] from any person
             1429      setting forth all the real and personal property assessable by the assessor which is owned,
             1430      possessed, managed, or under the control of the person at 12 o'clock noon on January 1. This
             1431      statement shall be filed within 30 days after requested by the assessor.
             1432          (2) The [affidavit] signed statement shall include the following:
             1433          (a) all property belonging to, claimed by, or in the possession, control, or management of
             1434      the person, any firm of which the person is a member, or any corporation of which the person is
             1435      president, secretary, cashier, or managing agent;
             1436          (b) the county in which the property is located or in which it is taxable; and, if taxable in
             1437      the county in which the [affidavit] signed statement was made, also the city, town, school district,
             1438      road district, or other taxing district in which it is located or taxable; and
             1439          (c) all lands in parcels or subdivisions not exceeding 640 acres each, the sections and
             1440      fractional sections of all tracts of land containing more than 640 acres which have been sectionized
             1441      by the United States Government, and the improvements on those lands.
             1442          (3) Every assessor may subpoena and examine any person in any county in relation to any
             1443      [affidavit] signed statement but may not require that person to appear in any county other than the
             1444      county in which the subpoena is served.
             1445          Section 50. Section 59-2-307 is amended to read:
             1446           59-2-307. Refusal by taxpayer to file signed statement -- Penalty -- Assessor to
             1447      estimate value -- Reporting of information to other counties.
             1448          (1) Any person who does not:
             1449          (a) file the [affidavit] signed statement required by Section 59-2-306 ;
             1450          (b) file the [affidavit] signed statement with respect to name and place of residence; or
             1451          (c) appear and testify when requested by the assessor, shall pay a penalty equal to 10% of


             1452      the estimated tax due; but not less than $100 for each failure to file a signed and completed
             1453      [affidavit] statement, to be collected in the manner provided by Sections 59-2-1302 and 59-2-1303 ,
             1454      except as otherwise provided for in this section, or by a judicial proceeding brought in the name
             1455      of the assessor. All money recovered by any assessor under this section shall be paid into the
             1456      county treasury.
             1457           (2) (a) The penalty imposed by Subsection (1) may not be waived or reduced by the
             1458      assessor, county, county Board of Equalization, or commission except pursuant to a procedure for
             1459      the review and approval of reductions and waivers adopted by county ordinance, or by
             1460      administrative rule adopted in accordance with Title 63, Chapter 46a, Utah Administrative
             1461      Rulemaking Act.
             1462          (b) The penalty under Subsection (1)(c) may not be imposed until 30 days after the
             1463      taxpayer's receipt of a subsequent certified notice.
             1464          (3) (a) If any owner neglects or refuses to file the [affidavit] signed statement within 30
             1465      days of the date the first county request was sent as required under Section 59-2-306 , the assessor
             1466      shall make:
             1467          (i) a subsequent request by certified mail for the [affidavit] signed statement. The
             1468      subsequent request shall also inform the owner of the consequences of not filing [an affidavit] a
             1469      signed statement; and
             1470          (ii) a record of the failure to file and an estimate of the value of the property of the owner
             1471      based on known facts and circumstances.
             1472          (b) The value fixed by the assessor may not be reduced by the county board of equalization
             1473      or by the commission.
             1474          (4) If the [affidavit] signed statement discloses property in any other county, the assessor
             1475      shall file the [affidavit] signed statement and [mail] send a certified copy to the assessor of each
             1476      county in which the property is located.
             1477          Section 51. Section 59-2-311 is amended to read:
             1478           59-2-311. Completion and delivery of assessment book -- Signed statement required
             1479      -- Contents of signed statement.
             1480          Prior to May 22 each year, the assessor shall complete and deliver the assessment book to
             1481      the county auditor. The assessor shall subscribe [an affidavit] and sign a statement in the
             1482      assessment book substantially as follows:


             1483          I, ____, the assessor of ____ County, do swear that before May 22, 19__, I made diligent
             1484      inquiry and examination, and either personally or by deputy, established the value of all of the
             1485      property within the county subject to assessment by me; that the property has been assessed on the
             1486      assessment book equally and uniformly according to the best of my judgment, information, and
             1487      belief at its fair market value; that I have faithfully complied with all the duties imposed on the
             1488      assessor under the revenue laws including the requirements of Section 59-2-303.1 ; and that I have
             1489      not imposed any unjust or double assessments through malice or ill will or otherwise, or allowed
             1490      anyone to escape a just and equal assessment through favor or reward, or otherwise.
             1491          Section 52. Section 59-2-322 is amended to read:
             1492           59-2-322. Transmittal of statement to commission.
             1493          (1) The county auditor shall, before June 8 of each year, prepare from the assessment book
             1494      of that year a statement showing in separate columns:
             1495          [(1)] (a) the total value of all property;
             1496          [(2)] (b) the value of real estate, including patented mining claims, stated separately;
             1497          [(3)] (c) the value of the improvements;
             1498          [(4)] (d) the value of personal property exclusive of money; and
             1499          [(5)] (e) the number of acres of land and the number of patented mining claims, stated
             1500      separately.
             1501          (2) As soon as the statement is prepared the county auditor shall transmit the statement [by
             1502      mail] to the commission.
             1503          Section 53. Section 59-2-325 is amended to read:
             1504           59-2-325. Statement transmitted to commission and state auditor.
             1505          The county auditor shall, before November 1 of each year, prepare from the assessment
             1506      rolls of that year a statement showing the amount and value of all property in the county, as
             1507      classified by the county assessment rolls, and the value of each class; the total amount of taxes
             1508      remitted by the county board of equalization; the state's share of the taxes remitted; the county's
             1509      share of the taxes remitted; the rate of county taxes; and any other information requested by the
             1510      state auditor. The statement shall be made in duplicate, upon [blanks furnished] forms provided
             1511      by the state auditor, and as soon as prepared shall be transmitted, [by mail,] one copy to the state
             1512      auditor and one copy to the commission.
             1513          Section 54. Section 59-2-326 is amended to read:


             1514           59-2-326. Assessment roll delivered to county treasurer.
             1515          Before November 1, the county auditor must deliver the corrected assessment roll to the
             1516      county treasurer, together with [an affidavit] a signed statement subscribed by him in a form
             1517      substantially as follows:
             1518          I, ____ county auditor of the county of ____, do swear that I received the accompanying
             1519      assessment roll of the taxable property of the county from the assessor, and that I have corrected
             1520      it and made it conform to the requirements of the county board of equalization and commission,
             1521      that I have reckoned the respective sums due as taxes and have added up the columns of
             1522      valuations, taxes, and acreage as required by law.
             1523          Section 55. Section 59-2-329 is amended to read:
             1524           59-2-329. Verification of auditor's statements.
             1525          The county auditor shall verify all statements made by the auditor under the provisions of
             1526      this title [by an affidavit attached to the statement] and attach a signed statement of verification.
             1527          Section 56. Section 59-2-508 is amended to read:
             1528           59-2-508. Application -- Consent to audit and review -- Purchaser's or lessee's signed
             1529      statement.
             1530          (1) The owner of land eligible for valuation as land in agricultural use must submit an
             1531      application to the county assessor of the county in which the land is located.
             1532          (2) Any application for valuation, assessment, and taxation of land in agricultural use shall:
             1533          (a) be on a form prescribed by the commission and provided for the use of the applicants
             1534      by the county assessor;
             1535          (b) provide for the reporting of information pertinent to this part;
             1536          (c) be filed prior to March 1 of the tax year in which valuation under this part is requested;
             1537      however, any application submitted after January 1 is subject to a $25 late fee;
             1538          (d) be accompanied by the prescribed fees made payable to the county treasurer; and
             1539          (e) be recorded by the county recorder.
             1540          (3) Once the application for valuation as land in agricultural use has been approved, the
             1541      county may elect to either:
             1542          (a) require the owner to submit a new application or [an affidavit] a signed statement
             1543      verifying that the land qualifies for valuation under this part every five years if requested in writing
             1544      by the county assessor; or


             1545          (b) require no additional [affidavit] signed statement or application for valuation as
             1546      agricultural land, but require that the assessor be notified when a change in the land use or land
             1547      ownership occurs.
             1548          (4) A certification by the owner that the facts set forth in the application or signed
             1549      statement are true is considered as if made under oath and subject to the same penalties as provided
             1550      by law for perjury.
             1551          (5) All owners applying for participation under this part and all purchasers or lessees
             1552      signing [affidavits] statements under Subsection (6) are considered to have given their consent to
             1553      field audit and review by both the commission and the county assessor. This consent is a condition
             1554      to the acceptance of any application or [affidavit] signed statement.
             1555          (6) Any owner of lands eligible for valuation, assessment, and taxation under this part due
             1556      to the use of that land by, and the agricultural production qualifications of, a purchaser or lessee,
             1557      may qualify those lands by submitting, together with the application under Subsection (2), [an
             1558      affidavit] a signed statement from that purchaser or lessee certifying those facts relative to the use
             1559      of the land and the purchaser's or lessee's agricultural production of the land which would be
             1560      necessary for qualification of those lands under this part.
             1561          Section 57. Section 59-2-1002 is amended to read:
             1562           59-2-1002. Change in assessment -- Force and effect -- Additional assessments --
             1563      Notice to interested persons.
             1564          (1) The county board of equalization shall use all information it may gain from the records
             1565      of the county or elsewhere in equalizing the assessment of the property in the county or in
             1566      determining any exemptions. The board may require the assessor to enter upon the assessment roll
             1567      any taxable property which has not been assessed and any assessment made has the same force and
             1568      effect as if made by the assessor before the delivery of the assessment roll to the county treasurer.
             1569          (2) During its sessions, the county board of equalization may direct the assessor to:
             1570          (a) assess any taxable property which has escaped assessment;
             1571          (b) add to the amount, number, or quantity of property when a false or incomplete list has
             1572      been rendered; and
             1573          (c) make and enter new assessments, at the same time cancelling previous entries, when
             1574      any assessment made by the assessor is considered by the board to be incomplete or incorrect.
             1575          (3) The clerk of the board of equalization shall [notify] give written notice to all interested


             1576      persons of the day fixed for the investigation of any assessment under consideration by the board
             1577      [by letter deposited in the post office, postpaid, and addressed to the interested person,] at least 30
             1578      days before action is taken.
             1579          Section 58. Section 59-2-1011 is amended to read:
             1580           59-2-1011. Record of changes -- Form and contents of signed statement.
             1581          The county auditor shall make a record of all changes, corrections, and orders and before
             1582      October 15 shall affix [an affidavit] a signed statement to the record, subscribed by the auditor, in
             1583      a form substantially as follows:
             1584          I, ____, do swear that, as county auditor of ____ county, I have kept correct minutes of all
             1585      acts of the county board of equalization regarding alterations to the assessment rolls, that all
             1586      alterations agreed to or directed to be made have been made and entered on the rolls, and that no
             1587      changes or alterations have been made except those authorized by the board or the commission.
             1588          Section 59. Section 59-2-1101 is amended to read:
             1589           59-2-1101. Exemption of property devoted to public, religious, or charitable uses --
             1590      Proportional payments for government-owned property -- Intangibles exempt -- Signed
             1591      statement required.
             1592          (1) The exemptions authorized by this part may be allowed only if the claimant is the
             1593      owner of the property as of January 1 of the year the exemption is claimed, unless the claimant is
             1594      a federal, state, or political subdivision entity under Subsection (2)(a), (b), or (c), in which case the
             1595      entity shall collect and pay a proportional tax based upon the length of time that the property was
             1596      not owned by the entity.
             1597          (2) The following property is exempt from taxation:
             1598          (a) property exempt under the laws of the United States;
             1599          (b) property of the state, school districts, and public libraries;
             1600          (c) property of counties, cities, towns, special districts, and all other political subdivisions
             1601      of the state, except as provided in Title 11, Chapter 13, the Interlocal Cooperation Act;
             1602          (d) property owned by a nonprofit entity which is used exclusively for religious, charitable,
             1603      or educational purposes;
             1604          (e) places of burial not held or used for private or corporate benefit;
             1605          (f) farm equipment and machinery; and
             1606          (g) intangible property.


             1607          (3) (a) The owner who receives exempt status for property, if required by the commission,
             1608      shall file [an affidavit] a signed statement, on or before March 1 each year, certifying the use to
             1609      which the property has been placed during the past year. The [affidavit] signed statement shall
             1610      contain the following information in summary form:
             1611          (i) identity of [affiant] the individual who signed the statement;
             1612          (ii) the basis of the [affiant's] signer's knowledge of the use of the property;
             1613          (iii) authority to make the [affidavit] signed statement on behalf of the owner;
             1614          (iv) county where property is located; and
             1615          (v) nature of use of the property.
             1616          (b) If the [affidavit] signed statement is not filed within the time limits prescribed by the
             1617      county board of equalization, the exempt status may, after notice and hearing, be revoked and the
             1618      property then placed on the tax rolls.
             1619          (4) The county legislative body may adopt rules to effectuate the exemptions provided in
             1620      this part.
             1621          Section 60. Section 59-2-1102 is amended to read:
             1622           59-2-1102. Determination of exemptions by board of equalization -- Appeal.
             1623          (1) The county board of equalization may, after giving notice in a manner prescribed by
             1624      rule, determine whether certain property within the county is exempt from taxation. The decision
             1625      of the county board of equalization shall be in writing and shall include a statement of facts and
             1626      the statutory basis for its decision. A copy of the decision shall be [mailed] sent on or before May
             1627      15 to the person or organization applying for the exemption.
             1628          (2) The board shall notify an exempt property owner who has previously received an
             1629      exemption but failed to file the annual [affidavit] statement as required under Section 59-2-1101
             1630      of the board's intent to revoke the exemption on or before April 1.
             1631          (3) No reduction may be made in the value of property and no exemption may be granted
             1632      unless the party affected or the party's agent makes and files with the board a written application
             1633      for the reduction or exemption, verified by [oath] signed statement, and appears before the board
             1634      and shows facts upon which it is claimed the reduction should be made, or exemption granted.
             1635      The board may waive the application or personal appearance requirements.
             1636          (4) Before the board grants any application for exemption or reduction, it may examine
             1637      on oath the person or agent making the application. No reduction may be made or exemption


             1638      granted unless the person or the agent making the application attends and answers all questions
             1639      pertinent to the inquiry.
             1640          (5) Upon the hearing of the application the board may subpoena any witnesses, and hear
             1641      and take any evidence in relation to the pending subject.
             1642          (6) The county board of equalization shall hold hearings and render a written decision to
             1643      determine any exemption on or before May 1 in each year.
             1644          (7) Any property owner dissatisfied with the decision of the county board of equalization
             1645      regarding any exemption may appeal to the commission under Section 59-2-1006 .
             1646          Section 61. Section 59-2-1109 is amended to read:
             1647           59-2-1109. Indigent persons -- Tax relief, deferral, or abatement -- Application.
             1648          (1) No person under the age of 65 years is eligible for tax relief, deferral, or abatement
             1649      provided for poor people under Sections 59-2-1107 and 59-2-1108 unless:
             1650          (a) the county legislative body finds that extreme hardship would prevail if the grants were
             1651      not made; or
             1652          (b) the person is disabled.
             1653          (2) An application for the exemption shall be filed on or before September 1 with the
             1654      county legislative body of the county in which the property is located. The application shall set
             1655      forth adequate facts to support the person's eligibility to receive the exemption.
             1656          (a) The application shall include [an affidavit] a signed statement setting forth the
             1657      eligibility of the applicant for the exemption.
             1658          (b) Both husband and wife shall sign the application if they seek an exemption on a
             1659      residence in which they both reside and which they own as joint tenants.
             1660          (3) For purposes of this section:
             1661          (a) A poor person is any person:
             1662          (i) whose total household income as defined in Section 59-2-1202 is less than the
             1663      maximum household income certified to a homeowner's credit under Subsection 59-2-1208 (1);
             1664          (ii) who resides for not less than ten months of each year in the residence for which the tax
             1665      relief, deferral, or abatement is requested; and
             1666          (iii) who is unable to meet the tax assessed on the person's residential property as the tax
             1667      becomes due.
             1668          (b) "Residence" includes a mobile home as defined under Section 59-2-601 .


             1669          (4) The commission shall adopt rules to implement this section.
             1670          (5) Any poor person may qualify for the deferral of taxes under Section 59-2-1108 , or if
             1671      the person meets the requisites of this section, for the abatement of taxes under Section 59-2-1107 ,
             1672      or both.
             1673          Section 62. Section 59-2-1302 is amended to read:
             1674           59-2-1302. Assessor or treasurer's duties -- Collection of uniform fees and taxes on
             1675      personal property -- Unpaid tax on uniform fee is a lien -- Delinquency interest -- Rate.
             1676          (1) After the assessor assesses taxes or uniform fees on personal property, the assessor or,
             1677      if this duty has been reassigned in an ordinance under Section 17-16-5.5 , the treasurer shall:
             1678          (a) list the personal property tax or uniform fee as provided in Subsection (3) with the real
             1679      property of the owner in the manner required by law if the assessor or treasurer, as the case may
             1680      be, determines that the real property is sufficient to secure the payment of the personal property
             1681      taxes or uniform fees;
             1682          (b) immediately collect the taxes or uniform fees due on the personal property; or
             1683          (c) on or before the day on which the tax or uniform fee on personal property is due, obtain
             1684      from the taxpayer a bond that is:
             1685          (i) payable to the county in an amount equal to the amount of the tax or uniform fee due,
             1686      plus 20% of the amount of the tax or uniform fee due; and
             1687          (ii) conditioned for the payment of the tax or uniform fee on or before November 30.
             1688          (2) (a) An unpaid tax as defined in Section 59-1-705 , or unpaid uniform fee upon personal
             1689      property listed with the real property is a lien upon the owner's real property as of 12 o'clock noon
             1690      of January 1 of each year.
             1691          (b) An unpaid tax as defined in Section 59-1-705 , or unpaid uniform fee upon personal
             1692      property not listed with the real property is a lien upon the owner's personal property as of 12
             1693      o'clock noon of January 1 of each year.
             1694          (3) The assessor or treasurer, as the case may be, shall make the listing under this section:
             1695          (a) on the record of assessment of the real property; or
             1696          (b) by entering a reference showing the record of the assessment of the personal property
             1697      on the record of assessment of the real property.
             1698          (4) (a) The amount of tax or uniform fee assessed upon personal property is delinquent if
             1699      the tax or uniform fee is not paid within 30 days after the day on which the tax notice or the


             1700      combined [affidavit] signed statement and tax notice due under Section 59-2-306 is mailed.
             1701          (b) Delinquent taxes or uniform fees under Subsection (4)(a) shall bear interest from the
             1702      date of delinquency until the day on which the delinquent tax or uniform fee is paid at a rate that
             1703      is 600 basis points above the "Federal Discount Rate" as of the preceding January 1.
             1704          Section 63. Section 59-2-1306 is amended to read:
             1705           59-2-1306. Collection after taxpayer moves from county -- Evidence of tax due --
             1706      Costs of collection.
             1707          (1) If any person moves from one county to another after being assessed on personal
             1708      property, the county in which the person was assessed may sue for and collect the tax in the name
             1709      of the county where the assessment was made.
             1710          (2) At the trial, a certified copy of the assessment from the county where the assessment
             1711      was made, with [an affidavit] a signed statement attached that the tax has not been paid, describing
             1712      it as on the assessment book or delinquent list, is prima facie evidence that the tax and the interest
             1713      are due, and entitles the county to judgment, unless the defendant proves that the tax was paid.
             1714          (3) The county treasurer shall be credited and the county auditor shall allow the expenses
             1715      of collecting the tax and permit a deduction from the amount collected, not to exceed [one-third]
             1716      1/3 of the amount of the tax collected.
             1717          Section 64. Section 59-2-1307 is amended to read:
             1718           59-2-1307. Entries of tax payments made on rail cars or state-assessed commercial
             1719      vehicles.
             1720          (1) The commission, upon apportionment of the property of rail car companies and
             1721      state-assessed commercial vehicles, shall proceed to collect the taxes from the owners of the
             1722      property, and shall [furnish] send to each owner[, by mail postage prepaid, a] notice of the amount
             1723      of the tax assessed against it, when and where payable, when delinquent, and the penalty provided
             1724      by law.
             1725          (a) The commission shall remit taxes collected from owners of state-assessed commercial
             1726      vehicles to each county treasurer at least quarterly.
             1727          (b) On or before the first Monday in January following in each year, the commission shall
             1728      remit to the state treasurer all other taxes collected and due the state, and to each county the taxes
             1729      collected and due to it and to the various taxing entities included in the county. The state treasurer
             1730      and the treasurers of the several taxing entities shall make proper entries in their records of the


             1731      receipt of the taxes.
             1732          (2) All railroads doing business in this state shall furnish the commission with any
             1733      information required by the commission, within the knowledge of the railroad companies, which
             1734      will aid the commission in the collection of taxes from rail car companies.
             1735          Section 65. Section 59-7-518 is amended to read:
             1736           59-7-518. Sufficiency of notice.
             1737          Any notice required to be [mailed] sent to a taxpayer under the provisions of this chapter,
             1738      if [mailed] sent to it at its last-known address as shown on the records of the commission, shall be
             1739      sufficient for the purposes of this chapter.
             1740          Section 66. Section 59-7-519 is amended to read:
             1741           59-7-519. Period of limitation for making assessments -- Change, correction, or
             1742      amendment of federal income tax -- Duty of corporation to notify state.
             1743          (1) Except as provided in Section 59-7-520 , the amount of taxes imposed by this chapter
             1744      shall be assessed within three years after the return was filed, and no proceeding in the court
             1745      without assessment for the collection of such taxes shall be begun after the expiration of such
             1746      period.
             1747          (2) In the case of a deficiency attributable to the application of a net loss carryback, this
             1748      deficiency may be assessed at any time before the expiration of the period within which a
             1749      deficiency for the taxable year of the net loss which results in the carryback may be assessed.
             1750          (3) If the amount of federal taxable income for any year of any corporation as returned to
             1751      the United States treasury department is changed or corrected by the commissioner of internal
             1752      revenue or other officer of the United States or other competent authority, or where a renegotiation
             1753      of a contract or subcontract with the United States results in a change of federal taxable income,
             1754      that taxpayer shall report [such] the change or corrected net income within 90 days after the final
             1755      determination of [such] the change or correction as required to the commission and shall concede
             1756      the accuracy of [such] the determination or state wherein it is erroneous. Any corporation filing
             1757      an amended return with [such] the department shall also file, within 90 days thereafter, an amended
             1758      return with the commission which shall contain [such] the information as it shall require.
             1759          (4) If a corporation fails to report a change or correction by the commissioner of internal
             1760      revenue, other officer of the United States, or other competent authority or fails to file an amended
             1761      return, any deficiency resulting from [such] the adjustments may be assessed and collected within


             1762      three years after said change, correction, or amended return is reported to or filed with the federal
             1763      government.
             1764          (5) If any corporation agrees with the commissioner of internal revenue for an extension,
             1765      or renewals thereof, of the period for proposing and assessing deficiencies in federal income tax
             1766      for any year, the period for [mailing] sending notices of proposed Utah tax deficiencies for such
             1767      year shall be three years after the return was filed or six months after the date of the expiration of
             1768      the agreed period for assessing deficiencies in federal income tax, whichever period expires the
             1769      later.
             1770          Section 67. Section 59-7-521 is amended to read:
             1771           59-7-521. Suspension of running of statute of limitations.
             1772          The running of the statute of limitations provided in Section 59-7-519 or 59-7-520 , on the
             1773      making of assessments and the beginning of a proceeding for collection by warrant and levy, or
             1774      a proceeding in court for collection, in respect of any deficiency, shall (after [the mailing of] a
             1775      notice is sent under Section 59-7-517 ) be suspended for the period during which the commission
             1776      is prohibited from making the assessment or beginning proceedings for collection and for 60 days
             1777      thereafter.
             1778          Section 68. Section 59-10-524 is amended to read:
             1779           59-10-524. Notice of deficiency.
             1780          (1) If the commission determines that there is a deficiency in respect of the tax imposed
             1781      by this chapter, it shall send notice of [such] the deficiency to the taxpayer [in the manner and with
             1782      the content provided in Subsection (2)] at the taxpayer's last-known address.
             1783          (2) The notice of deficiency shall set forth the details of the deficiency and the manner of
             1784      its computation. [It shall be mailed, postage prepaid, to the taxpayer at his last known address.]
             1785          (3) In the case of a joint return filed by husband and wife, [such] the notice of deficiency
             1786      may be a single joint notice, except that in any case where the commission has been notified in
             1787      writing by either spouse that separate residences have been established, then in lieu of the single
             1788      joint notice, a duplicate [original] of the joint notice shall be sent to each spouse at last-known
             1789      address.
             1790          Section 69. Section 59-10-529 is amended to read:
             1791           59-10-529. Overpayment of tax -- Credits -- Refunds.
             1792          (1) In cases where there has been an overpayment of any tax imposed by this chapter, the


             1793      amount of overpayment is credited as follows:
             1794          (a) against any income tax then due from the taxpayer;
             1795          (b) against:
             1796          (i) the amount of any judgment against the taxpayer, including one ordering the payment
             1797      of a fine or of restitution to a victim under Section 76-3-201 , obtained through due process of law
             1798      by any entity of state government; or
             1799          (ii) any child support obligation which is delinquent, as determined by the Office of
             1800      Recovery Services in the Department of Human Services and after notice and an opportunity for
             1801      an adjudicative proceeding, as provided in Subsection (2);
             1802          (c) as bail, to ensure the appearance of the taxpayer before the appropriate authority to
             1803      resolve an outstanding warrant against the taxpayer for which bail is due, if a court of competent
             1804      jurisdiction has not approved an alternative form of payment. This bail may be applied to any fine
             1805      or forfeiture which is due and related to a warrant which is outstanding on or after February 16,
             1806      1984, and in accordance with Subsections (3) and (4).
             1807          (2) (a) Subsection (1)(b)(ii) may be exercised only if the Office of Recovery Services has
             1808      [mailed] sent written notice to the taxpayer's last-known address or the address on file under
             1809      Section 62A-11-304.4 , stating:
             1810          (i) the amount of child support that is past-due as of the date of the notice or other
             1811      specified date;
             1812          (ii) that any overpayment shall be applied to reduce the amount of past-due child support
             1813      specified in the notice; and
             1814          (iii) that the taxpayer may contest the amount of past-due child support specified in the
             1815      notice by filing a written request for an adjudicative proceeding with the office within 15 days of
             1816      the notice being sent.
             1817          (b) If an overpayment of tax is credited against a past-due child support obligation in
             1818      accordance with Subsection (1)(b)(ii) in noncash assistance cases, the Office of Recovery Services
             1819      shall inform the obligee parent in advance if it will first use any portion of the overpayment to
             1820      satisfy unreimbursed cash assistance or foster care maintenance payments which have been
             1821      provided to that family.
             1822          (c) The Department of Human Services shall establish rules to implement this subsection,
             1823      including procedures, in accordance with the other provisions of this section, to ensure prompt


             1824      reimbursement to the taxpayer of any amount of an overpayment of taxes which was credited
             1825      against a child support obligation in error, and to ensure prompt distribution of properly credited
             1826      funds to the obligee parent.
             1827          (3) Subsection (1)(c) may be exercised only if:
             1828          (a) a court has issued a warrant for the arrest of the taxpayer for failure to post bail, appear,
             1829      or otherwise satisfy the terms of a citation, summons, or court order; and
             1830          (b) a notice of intent to apply the overpayment as bail on the issued warrant has been
             1831      [mailed] sent to the person's current address on file with the commission.
             1832          (4) (a) The commission shall deliver the overpayment applied as bail to the court that
             1833      issued the warrant of arrest. The clerk of the court is authorized to endorse the check or
             1834      commission warrant of payment on behalf of the payees and deposit the monies in the court
             1835      treasury.
             1836          (b) The court receiving the overpayment applied as bail shall order withdrawal of the
             1837      warrant for arrest of the taxpayer if the case is one for which a personal appearance of the taxpayer
             1838      is not required and if the dollar amount of the overpayment represents the full dollar amount of
             1839      bail. In all other cases, the court receiving the overpayment applied as bail is not required to order
             1840      the withdrawal of the warrant of arrest of the taxpayer during the 40-day period, and the taxpayer
             1841      may be arrested on the warrant. However, the bail amount shall be reduced by the amount of tax
             1842      overpayment received by the court.
             1843          (c) If the taxpayer fails to respond to the notice described in Subsection (3), or to resolve
             1844      the warrant within 40 days after the [mailing] notice was sent under that subsection, the
             1845      overpayment applied as bail is forfeited and notice of the forfeiture shall be mailed to the taxpayer
             1846      at the current address on file with the commission. The court may then issue another warrant or
             1847      allow the original warrant to remain in force if:
             1848          (i) the taxpayer has not complied with an order of the court;
             1849          (ii) the taxpayer has failed to appear and respond to a criminal charge for which a personal
             1850      appearance is required; or
             1851          (iii) the taxpayer has paid partial but not full bail in a case for which a personal appearance
             1852      is not required.
             1853          (5) If the alleged violations named in the warrant are later resolved in favor of the
             1854      taxpayer, the bail amount shall be remitted to the taxpayer.


             1855          (6) Any balance shall be refunded immediately to the taxpayer.
             1856          (7) (a) If a refund or credit is due because the amount of tax deducted and withheld from
             1857      wages exceeds the actual tax due, a refund or credit may not be made or allowed unless the
             1858      taxpayer or his legal representative files with the commission a tax return claiming the refund or
             1859      credit:
             1860          (i) within three years from the due date of the return, plus the period of any extension of
             1861      time for filing the return provided for in Subsection (7)(c); or
             1862          (ii) within two years from the date the tax was paid, whichever period is later.
             1863          (b) Except as provided in Subsection (7)(d), in other instances where a refund or credit of
             1864      tax which has not been deducted and withheld from income is due, a credit or refund may not be
             1865      allowed or made after three years from the time the tax was paid, unless, before the expiration of
             1866      the period, a claim is filed by the taxpayer or his legal representative.
             1867          (c) Beginning on July 1, 1998, the commission shall extend the period for a taxpayer to
             1868      file a claim under Subsection (7)(a)(i) if:
             1869          (i) the time period for filing a claim under Subsection (7)(a) has not expired; and
             1870          (ii) the commission and the taxpayer sign a written agreement:
             1871          (A) authorizing the extension; and
             1872          (B) providing for the length of the extension.
             1873          (d) Notwithstanding Subsection (7)(b), beginning on July 1, 1998, the commission shall
             1874      extend the period for a taxpayer to file a claim under Subsection (7)(b) if:
             1875          (i) the three-year period under Subsection (7)(b) has not expired; and
             1876          (ii) the commission and the taxpayer sign a written agreement:
             1877          (A) authorizing the extension; and
             1878          (B) providing for the length of the extension.
             1879          (8) The fine and bail forfeiture provisions of this section apply to all warrants and fines
             1880      issued in cases charging the taxpayer with a felony, a misdemeanor, or an infraction described in
             1881      this section which are outstanding on or after February 16, 1984.
             1882          (9) If the amount allowable as a credit for tax withheld from the taxpayer exceeds the tax
             1883      to which the credit relates, the excess is considered an overpayment.
             1884          (10) A claim for credit or refund of an overpayment which is attributable to the application
             1885      to the taxpayer of a net operating loss carryback shall be filed within three years from the time the


             1886      return was due for the taxable year of the loss.
             1887          (11) If there has been an overpayment of the tax which is required to be deducted and
             1888      withheld under Section 59-10-402 , a refund shall be made to the employer only to the extent that
             1889      the amount of overpayment was not deducted and withheld by the employer.
             1890          (12) If there is no tax liability for a period in which an amount is paid as income tax, the
             1891      amount is an overpayment.
             1892          (13) If an income tax is assessed or collected after the expiration of the applicable period
             1893      of limitation, that amount is an overpayment.
             1894          (14) (a) If a taxpayer is required to report a change or correction in federal taxable income
             1895      reported on his federal income tax return, or to report a change or correction which is treated in
             1896      the same manner as if it were an overpayment for federal income tax purposes, or to file an
             1897      amended return with the commission, a claim for credit or refund of any resulting overpayment
             1898      of tax shall be filed by the taxpayer within two years from the date the notice of the change,
             1899      correction, or amended return was required to be filed with the commission.
             1900          (b) If the report or amended return is not filed within 90 days, interest on any resulting
             1901      refund or credit ceases to accrue after the 90-day period.
             1902          (c) The amount of the credit or refund may not exceed the amount of the reduction in tax
             1903      attributable to the federal change, correction, or items amended on the taxpayer's amended federal
             1904      income tax return.
             1905          (d) Except as specifically provided, this section does not affect the amount or the time
             1906      within which a claim for credit or refund may be filed.
             1907          (15) No credit or refund may be allowed or made if the overpayment is less than $1.
             1908          (16) The amount of the credit or refund may not exceed the tax paid during the three years
             1909      immediately preceding the filing of the claim, or if no claim is filed, then during the three years
             1910      immediately preceding the allowance of the credit or refund.
             1911          (17) In the case of an overpayment of tax by the employer under the withholding
             1912      provisions of this chapter, a refund or credit shall be made to the employer only to the extent that
             1913      the amount of the overpayment was not deducted and withheld from wages under the provisions
             1914      of this chapter.
             1915          (18) If a taxpayer who is entitled to a refund under this chapter dies, the commission may
             1916      make payment to the duly appointed executor or administrator of the taxpayer's estate. If there is


             1917      no executor or administrator, payment may be made to those persons who establish entitlement to
             1918      inherit the property of the decedent in the proportions set out in Title 75, Uniform Probate Code.
             1919          (19) Where an overpayment relates to adjustments to net income referred to in Subsection
             1920      59-10-536 (3)(c), credit may be allowed or a refund paid any time before the expiration of the
             1921      period within which a deficiency may be assessed.
             1922          (20) An overpayment of a tax imposed by this chapter shall accrue interest at the rate and
             1923      in the manner prescribed in Section 59-1-402 .
             1924          Section 70. Section 59-12-107 is amended to read:
             1925           59-12-107. Collection, remittance, and payment of tax by vendors and consumers --
             1926      Returns -- Direct payment by purchaser of vehicle -- Other liability for collection -- Credits
             1927      -- Deposit and sale of security -- Penalties.
             1928          (1) (a) Each vendor shall pay or collect and remit the sales and use taxes imposed by this
             1929      chapter if within this state the vendor:
             1930          (i) has or utilizes an office, distribution house, sales house, warehouse, service enterprise,
             1931      or other place of business;
             1932          (ii) maintains a stock of goods;
             1933          (iii) engages in regular or systematic solicitation of sale of tangible personal property,
             1934      whether or not accepted in this state, by the distribution of catalogs, periodicals, advertising flyers,
             1935      or other advertising by means of print, radio, or television, or by mail, telegraphy, telephone,
             1936      computer data base, optic, microwave, or other communication system for the purpose of selling,
             1937      at retail, tangible personal property;
             1938          (iv) regularly engages in the delivery of property in this state other than by common carrier
             1939      or United States mail; or
             1940          (v) regularly engages in any activity in connection with the leasing or servicing of property
             1941      located within this state.
             1942          (b) If none of the conditions listed under Subsection (1)(a) exist, the vendor is not
             1943      responsible for the collection of the use tax but each person storing, using, or consuming tangible
             1944      personal property is responsible for remitting the use tax.
             1945          (c) Notwithstanding the provisions of Subsection (1)(a), the ownership of property that is
             1946      located at the premises of a printer's facility with which the retailer has contracted for printing and
             1947      that consists of the final printed product, property that becomes a part of the final printed product,


             1948      or copy from which the printed product is produced, shall not result in the retailer being considered
             1949      to have or maintain an office, distribution house, sales house, warehouse, service enterprise, or
             1950      other place of business, or to maintain a stock of goods, within this state.
             1951          (2) (a) Each vendor shall collect the sales or use tax from the purchaser.
             1952          (b) A vendor may not collect as tax an amount, without regard to fractional parts of one
             1953      cent, in excess of the tax computed at the rates prescribed by this chapter.
             1954          (c) (i) Each vendor shall:
             1955          (A) give the purchaser a receipt for the use tax collected; or
             1956          (B) bill the use tax as a separate item and declare the name of this state and the vendor's
             1957      use tax license number on the invoice for the sale.
             1958          (ii) The receipt or invoice is prima facie evidence that the vendor has collected the use tax
             1959      and relieves the purchaser of the liability for reporting the use tax to the commission as a
             1960      consumer.
             1961          (d) A vendor is not required to maintain a separate account for the tax collected, but is
             1962      considered to be a person charged with receipt, safekeeping, and transfer of public moneys.
             1963          (e) Taxes collected by a vendor pursuant to this chapter shall be held in trust for the benefit
             1964      of the state and for payment to the commission in the manner and at the time provided for in this
             1965      chapter.
             1966          (f) If any vendor, during any reporting period, collects as a tax an amount in excess of the
             1967      lawful state and local percentage of total taxable sales allowed under this part and Part 2, the
             1968      vendor shall remit to the commission the full amount of the tax imposed under this part and Part
             1969      2 plus any excess.
             1970          (g) If the accounting methods regularly employed by the vendor in the transaction of the
             1971      vendor's business are such that reports of sales made during a calendar month or quarterly period
             1972      will impose unnecessary hardships, the commission may accept reports at intervals that will, in its
             1973      opinion, better suit the convenience of the taxpayer or vendor and will not jeopardize collection
             1974      of the tax.
             1975          (3) Each person storing, using, or consuming tangible personal property under Subsection
             1976      59-12-103 (1) is liable for the use tax imposed under this chapter.
             1977          (4) (a) Except as provided in Subsection (5) and in Section 59-12-108 , the sales or use tax
             1978      imposed by this chapter is due and payable to the commission quarterly on or before the last day


             1979      of the month next succeeding each calendar quarterly period.
             1980          (b) Each vendor shall, on or before the last day of the month next succeeding each calendar
             1981      quarterly period, file with the commission a return for the preceding quarterly period. The vendor
             1982      shall remit with the return the amount of the tax required under this chapter to be collected or paid
             1983      for the period covered by the return.
             1984          (c) Each return shall contain information and be in a form the commission prescribes by
             1985      rule.
             1986          (d) The sales tax as computed in the return shall be based upon the total nonexempt sales
             1987      made during the period, including both cash and charge sales.
             1988          (e) The use tax as computed in the return shall be based upon the total amount of sales or
             1989      purchases for storage, use, or other consumption in this state made during the period, including
             1990      both by cash and by charge.
             1991          (f) The commission may by rule extend the time for making returns and paying the taxes.
             1992      No extension may be for more than 90 days.
             1993          (g) The commission may require returns and payment of the tax to be made for other than
             1994      quarterly periods if it considers it necessary in order to ensure the payment of the tax imposed by
             1995      this chapter.
             1996          (5) On each vehicle sale made by other than a regular licensed vehicle dealer, the purchaser
             1997      shall pay the sales or use tax directly to the commission if the vehicle is subject to titling or
             1998      registration under the laws of this state. The commission shall collect the tax when the vehicle is
             1999      titled or registered.
             2000          (6) If any sale of tangible personal property or any other taxable item or service under
             2001      Subsection 59-12-103 (1), is made by a wholesaler to a retailer, the wholesaler is not responsible
             2002      for the collection or payment of the tax imposed on the sale if the retailer represents that the
             2003      personal property is purchased by the retailer for resale and the personal property thereafter is not
             2004      resold. Instead, the retailer is solely liable for the tax.
             2005          (7) If any sale of property or service subject to the tax is made to a person prepaying sales
             2006      or use tax in accordance with Title 63, Chapter 51, Resource Development, or to a contractor or
             2007      subcontractor of that person, the person to whom such payment or consideration is payable is not
             2008      responsible for the collection or payment of the sales or use tax if the person prepaying the sales
             2009      or use tax represents that the amount prepaid as sales or use tax has not been fully credited against


             2010      sales or use tax due and payable under the rules promulgated by the commission. Instead, the
             2011      person prepaying the sales or use tax is solely liable for the tax.
             2012          (8) Credit is allowed for prepaid taxes and for taxes paid on that portion of an account
             2013      determined to be worthless and actually charged off for income tax purposes or on the portion of
             2014      the purchase price remaining unpaid at the time of a repossession made under the terms of a
             2015      conditional sales contract.
             2016          (9) (a) The commission may require any person subject to the tax imposed under this
             2017      chapter to deposit with it security as the commission determines, if the commission considers it
             2018      necessary to ensure compliance with this chapter.
             2019          (b) The commission may sell the security at public sale if it becomes necessary to do so
             2020      in order to recover any tax, interest, or penalty due.
             2021          (c) The commission shall serve notice of the sale upon the person who deposited the
             2022      securities [either personally or by mail. If the notice is by mail, notice]. Notice sent to the
             2023      last-known address as it appears in the records of the commission is sufficient for the purposes of
             2024      this requirement.
             2025          (d) The commission shall return to the person who deposited the security any amount of
             2026      the sale proceeds that exceed the amounts due under this chapter.
             2027          (10) (a) A vendor may not, with intent to evade any tax, fail to timely remit the full amount
             2028      of tax required by this chapter. A violation of this section is punishable as provided in Section
             2029      59-1-401 .
             2030          (b) Each person who fails to pay any tax to the state or any amount of tax required to be
             2031      paid to the state, except amounts determined to be due by the commission under Sections
             2032      59-12-110 and 59-12-111 , within the time required by this chapter, or who fails to file any return
             2033      as required by this chapter, shall pay, in addition to the tax, penalties and interest as provided in
             2034      Section 59-12-110 .
             2035          (c) For purposes of prosecution under this section, each quarterly tax period in which a
             2036      vendor, with intent to evade any tax, collects a tax and fails to timely remit the full amount of the
             2037      tax required to be remitted, constitutes a separate offense.
             2038          Section 71. Section 59-12-111 is amended to read:
             2039           59-12-111. Licensee to keep records -- Failure to make return -- Penalties.
             2040          (1) Each person engaging or continuing in any business in this state for the transaction of


             2041      which a license is required under this chapter shall:
             2042          (a) keep and preserve suitable records of all sales made by the person and other books or
             2043      accounts necessary to determine the amount of tax for the collection of which the person is liable
             2044      under this chapter in a form prescribed by the commission;
             2045          (b) keep and preserve for a period of three years all such books, invoices, and other
             2046      records; and
             2047          (c) open such records for examination at any time by the commission or its duly authorized
             2048      agent.
             2049          (2) If no return is made by any person required to make returns as provided in this chapter,
             2050      the commission shall give written notices [by mail postpaid] to [such] the person to make [such]
             2051      the return within a reasonable time to be designated by the commission or, alternatively, the
             2052      commission may make an estimate for the period or periods or any part thereof in respect to which
             2053      [such] the person failed to make a return, based upon any information in its possession or that may
             2054      come into its possession of the total sales subject to the tax imposed by this chapter. Upon the
             2055      basis of this estimate the commission may compute and determine the amount of tax required to
             2056      be paid to the state. [Such] The return shall be prima facie correct for the purposes of this chapter
             2057      and the amount of the tax due thereon shall be subject to the penalties and interest as provided in
             2058      Sections 59-1-401 and 59-1-402 . Promptly thereafter the commission shall give to [such] the
             2059      person written notice [by mail postpaid] of [such] the estimate, determination, penalty, and
             2060      interest.
             2061          [(2)] (3) If any person not holding a sales tax license under Section 59-12-106 or a valid
             2062      use tax registration certificate makes a purchase of tangible personal property for storage, use, or
             2063      other consumption in this state and fails to file a return or pay the tax due within 170 days from
             2064      the time the return is due, this person shall pay a penalty as provided in Section 59-1-401 plus
             2065      interest at the rate and in the manner prescribed in Section 59-1-402 and all other penalties and
             2066      interest as provided by this title.
             2067          Section 72. Section 59-13-202 is amended to read:
             2068           59-13-202. Refund of tax for agricultural uses on income and corporate franchise
             2069      tax returns -- Application for permit for refund -- Division of Finance to pay claims -- Rules
             2070      permitted to enforce part -- Penalties.
             2071          (1) Any person who purchases and uses any motor fuel within the state for the purpose of


             2072      operating or propelling stationary farm engines and self-propelled farm machinery used for
             2073      nonhighway agricultural uses, and who has paid the tax on the motor fuel as provided by this part,
             2074      is entitled to a refund of the tax subject to the conditions and limitations provided under this part.
             2075          (2) Every person desiring a nonhighway agricultural use refund under this part shall claim
             2076      the refundable credit on the state income tax return or corporate franchise tax return. A person not
             2077      subject to filing a Utah income tax return or corporate franchise tax return shall obtain a permit
             2078      and file claims on a calendar year basis. Any person claiming a refundable motor fuel tax credit
             2079      is required to furnish any or all of the information outlined in this section upon request of the
             2080      commission. Credit is allowed only on purchases on which tax is paid during the taxable year
             2081      covered by the tax return.
             2082          (3) In order to obtain a permit for a refund of motor fuel tax paid, an application shall be
             2083      filed containing:
             2084          (a) the name of applicant;
             2085          (b) the applicant's address;
             2086          (c) location and number of acres owned and operated, location and number of acres rented
             2087      and operated, the latter of which shall be verified by [affidavit] a signed statement from the legal
             2088      owner;
             2089          (d) number of acres planted to each crop, type of soil, and whether irrigated or dry; and
             2090           (e) make, size, type of fuel used, and power rating of each piece of equipment using fuel.
             2091      If the applicant is an operator of self-propelled or tractor-pulled farm machinery with which the
             2092      applicant works for hire doing custom jobs for other farmers, the application shall include
             2093      information the commission requires and shall all be contained in, and be considered part of, the
             2094      original application. The applicant shall also file with the application a certificate from the county
             2095      assessor showing each piece of equipment using fuel. This original application and all information
             2096      contained in it constitutes a permanent file with the commission in the name of the applicant.
             2097          (4) Any person claiming the right to a refund of motor fuel tax paid shall file a claim with
             2098      the commission by April 15 of each year for the refund for the previous calendar year. The claim
             2099      shall state the name and address of the claimant, the number of gallons of motor fuel purchased
             2100      for nonhighway agricultural uses, and the amount paid for the motor fuel. The applicant shall
             2101      [support the claim by submitting] retain the original invoice [or copy of the original invoice] to
             2102      support the claim. No more than one claim for a tax refund may be filed annually by each user of


             2103      motor fuel purchased for nonhighway agricultural uses.
             2104          (5) Upon commission approval of the claim for a refund, the Division of Finance shall pay
             2105      the amount found due to the claimant. The total amount of claims for refunds shall be paid from
             2106      motor fuel taxes.
             2107          (6) The commission may promulgate rules to enforce this part, and may refuse to accept
             2108      as evidence of purchase or payment any instruments which show alteration or which fail to indicate
             2109      the quantity of the purchase, the price of the motor fuel, a statement that it is purchased for
             2110      purposes other than transportation, and the date of purchase and delivery. If the commission is not
             2111      satisfied with the evidence submitted in connection with the claim, it may reject the claim or
             2112      require additional evidence.
             2113          (7) Any person aggrieved by the decision of the commission with respect to a credit or
             2114      refund may file a request for agency action, requesting a hearing before the commission.
             2115          (8) Any person who makes any false claim, report, or statement, either as claimant, agent,
             2116      or creditor, with intent to defraud or secure a refund to which the claimant is not entitled, is subject
             2117      to the criminal penalties provided under Section 59-1-401 , and the commission shall initiate the
             2118      filing of a complaint for alleged violations of this part. In addition to these penalties, the person
             2119      may not receive any refund as a claimant or as a creditor of a claimant for refund for a period of
             2120      five years.
             2121          (9) Refunds to which taxpayers are entitled under this part shall be paid from the
             2122      Transportation Fund.
             2123          Section 73. Section 59-13-301 is amended to read:
             2124           59-13-301. Tax basis -- Rate -- Exemptions -- Revenue deposited with treasurer and
             2125      credited to Transportation Fund.
             2126          (1) (a) Except as provided in Subsections (2) and (3) and Section 59-13-304 , a tax is
             2127      imposed at the same rate imposed under Subsection 59-13-201 (1)(a) on the:
             2128          (i) removal of undyed diesel fuel from any refinery;
             2129          (ii) removal of undyed diesel fuel from any terminal;
             2130          (iii) entry into the state of any undyed diesel fuel for consumption, use, sale, or
             2131      warehousing;
             2132          (iv) sale of undyed diesel fuel to any person who is not registered as a supplier under this
             2133      part unless the tax has been collected under this section;


             2134          (v) any untaxed special fuel blended with undyed diesel fuel; or
             2135          (vi) use of untaxed special fuel, other than a clean special fuel.
             2136          (b) The tax imposed under this section shall only be imposed once upon any special fuel.
             2137          (2) (a) No special fuel tax is imposed or collected upon dyed diesel fuel which:
             2138          (i) is sold or used for any purpose other than to operate or propel a motor vehicle upon the
             2139      public highways of the state, but this exemption applies only in those cases where the purchasers
             2140      or the users of special fuel establish to the satisfaction of the commission that the special fuel was
             2141      used for purposes other than to operate a motor vehicle upon the public highways of the state; or
             2142          (ii) is sold to this state or any of its political subdivisions.
             2143          (b) No special fuel tax is imposed on undyed diesel fuel which:
             2144          (i) is sold to the United States government or any of its instrumentalities or to this state
             2145      or any of its political subdivisions;
             2146          (ii) is exported from this state if proof of actual exportation on forms prescribed by the
             2147      commission is made within 180 days after exportation;
             2148          (iii) is used in a vehicle off-highway;
             2149          (iv) is used to operate a power take-off unit of a vehicle;
             2150          (v) is used for off-highway agricultural uses;
             2151          (vi) is used in a separately fueled engine on a vehicle that does not propel the vehicle upon
             2152      the highways of the state; or
             2153          (vii) is used in machinery and equipment not registered and not required to be registered
             2154      for highway use.
             2155          (3) No tax is imposed or collected on special fuel if it is:
             2156          (a) purchased for business use in machinery and equipment not registered and not required
             2157      to be registered for highway use; and
             2158          (b) used pursuant to the conditions of a state implementation plan approved under Title
             2159      19, Chapter 2, Air Conservation Act.
             2160          (4) Upon request of a buyer meeting the requirements under Subsection (3), the Division
             2161      of Air Quality shall issue an exemption certificate that may be shown to a seller.
             2162          (5) The special fuel tax shall be paid by the supplier.
             2163          (6) (a) The special fuel tax shall be paid by every user who is required by Sections
             2164      59-13-303 and 59-13-305 to obtain a special fuel permit and file special fuel tax reports.


             2165          (b) The user shall receive a refundable credit for special fuel taxes paid on purchases
             2166      which are delivered into vehicles and for which special fuel tax liability is reported.
             2167          (7) (a) All revenue received by the commission from taxes and license fees under this part
             2168      shall be deposited daily with the state treasurer and credited to the Transportation Fund.
             2169          (b) An appropriation from the Transportation Fund shall be made to the commission to
             2170      cover expenses incurred in the administration and enforcement of this part and the collection of
             2171      the special fuel tax.
             2172          (8) The commission may either collect no tax on special fuel exported from the state or,
             2173      upon application, refund the tax paid.
             2174          (9) (a) The United States government or any of its instrumentalities, this state, or a political
             2175      subdivision of this state that has purchased special fuel from a supplier or from a retail dealer of
             2176      special fuel and has paid the tax on the special fuel as provided in this section is entitled to a
             2177      refund of the tax and may file with the commission for a quarterly refund in a manner prescribed
             2178      by the commission.
             2179          (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             2180      commission shall make rules governing the application and refund provided for in Subsection
             2181      (9)(a).
             2182          (10) (a) The purchaser shall pay the tax on diesel fuel purchased for uses under
             2183      Subsections (2)(b)(i), (iii), (iv), (v), (vi), and (vii) and apply for a refund for the tax paid as
             2184      provided in Subsections (9) and (10).
             2185          (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             2186      commission shall make rules governing the application and refund for off-highway and
             2187      nonhighway uses provided under Subsections (2)(b)(iii), (iv), (vi), and (vii).
             2188          (c) A refund of tax paid under this part on diesel fuel used for nonhighway agricultural
             2189      uses shall be made in accordance with the tax return procedures under Section 59-13-202 .
             2190          Section 74. Section 59-13-313 is amended to read:
             2191           59-13-313. Commission to enforce the laws -- Estimations of tax -- Penalties -- Notice
             2192      of determinations -- Information sharing with other states -- Assessment procedures.
             2193          (1) (a) The commission is charged with the enforcement of this part and may prescribe
             2194      rules relating to administration and enforcement of this part.
             2195          (b) The commission may coordinate with state and federal agencies in the enforcement of


             2196      this part.
             2197          (c) Enforcement procedures may include checking diesel fuel dye compliance of storage
             2198      facilities and tanks of vehicles, in a manner consistent with state and federal law.
             2199          (2) (a) If the commission has reason to question the report filed or the amount of special
             2200      fuel tax paid to the state by any user or supplier, it may compute and determine the amount to be
             2201      paid based upon the best information available to it.
             2202          (b) Any added amount of special fuel tax determined to be due under this section shall
             2203      have added to it a penalty as provided under Section 59-1-401 , and shall bear interest at the rate
             2204      and in the manner prescribed in Section 59-1-402 .
             2205          (c) The commission shall give to the user or supplier written notice of its determination.
             2206      The notice may be served personally or [by mail when addressed] sent to the user or supplier at
             2207      the user or supplier's last-known address as it appears in the records of the commission.
             2208          (3) The commission may, upon the duly received request of the officials to whom the
             2209      enforcement of the special fuel laws of any other state are entrusted, forward to those officials any
             2210      information which the commission may have in its possession relative to the delivery, removal,
             2211      production, manufacture, refining, compounding, receipt, sale, use, transportation, or shipment of
             2212      special fuel by any person.
             2213          (4) (a) Except as provided in Subsections (4)(c) through (f), the commission shall assess
             2214      the amount of taxes imposed under this part, and any penalties and interest, within three years after
             2215      a taxpayer files a return.
             2216          (b) Except as provided in Subsections (4)(c) through (f), if the commission does not make
             2217      an assessment under Subsection (4)(a) within three years, the commission may not commence a
             2218      proceeding for the collection of the taxes after the expiration of the three-year period.
             2219          (c) Notwithstanding Subsections (4)(a) and (b), the commission may make an assessment
             2220      or commence a proceeding to collect a tax at any time if a deficiency is due to:
             2221          (i) fraud; or
             2222          (ii) failure to file a return.
             2223          (d) Notwithstanding Subsections (4)(a) and (b), beginning on July 1, 1998, the commission
             2224      may extend the period to make an assessment or to commence a proceeding to collect the tax under
             2225      this part if:
             2226          (i) the three-year period under this Subsection (4) has not expired; and


             2227          (ii) the commission and the taxpayer sign a written agreement:
             2228          (A) authorizing the extension; and
             2229          (B) providing for the length of the extension.
             2230          (e) If the commission delays an audit at the request of a taxpayer, the commission may
             2231      make an assessment as provided in Subsection (4)(f) if:
             2232          (i) the taxpayer subsequently refuses to agree to an extension request by the commission;
             2233      and
             2234          (ii) the three-year period under this Subsection (4) expires before the commission
             2235      completes the audit.
             2236          (f) An assessment under Subsection (4)(e) shall be:
             2237          (i) for the time period for which the commission could not make an assessment because
             2238      of the expiration of the three-year period; and
             2239          (ii) in an amount equal to the difference between:
             2240          (A) the commission's estimate of the amount of taxes the taxpayer would have been
             2241      assessed for the time period described in Subsection (4)(f)(i); and
             2242          (B) the amount of taxes the taxpayer actually paid for the time period described in
             2243      Subsection (4)(f)(i).
             2244          Section 75. Section 59-13-316 is amended to read:
             2245           59-13-316. Neglect or refusal to report -- Estimations -- Penalties -- Notice to user or
             2246      supplier.
             2247          (1) If any user or supplier neglects or refuses to make a report required by this part, the
             2248      commission shall make an estimate based on the best information available to it, for the months
             2249      in which the user or supplier failed to make a report, or for the amount of special fuel sold or used
             2250      by the user or supplier subject to the special fuel tax.
             2251          (2) On the basis of the estimate, the commission shall compute and determine the amount
             2252      required to be paid to the state, adding to this sum a penalty as provided under Section 59-1-401 ,
             2253      and interest at the rate and in the manner prescribed in Section 59-1-402 .
             2254          (3) The commission shall give to the user or supplier written notice of the estimate [and
             2255      determination personally, or by mail when addressed to the user or supplier at the user or supplier's
             2256      last-known address]. The notice may be served personally or sent to the user or supplier at the user
             2257      or supplier's last-known address as it appears in the records of the commission.


             2258          Section 76. Section 61-2-7.1 is amended to read:
             2259           61-2-7.1. Change of address -- Failure to notify.
             2260          Each licensee or certificate holder shall [notify] send the division [in writing] a signed
             2261      statement notifying the division of any change of principal business location or home street address
             2262      within ten business days of the change. In providing an address to the division a physical location
             2263      or street address must be provided. Failure to notify the division of a change of business location
             2264      is separate grounds for disciplinary action against the licensee or certificate holder. A licensee or
             2265      certificate holder will be considered to have received any notification which has been [mailed] sent
             2266      to the last address furnished to the division by the licensee.
             2267          Section 77. Section 61-2-7.2 is amended to read:
             2268           61-2-7.2. Reporting requirements.
             2269          [The following must be reported in writing to the division] Principal brokers, associate
             2270      brokers, and sales agents shall send the division a signed statement notifying the division of the
             2271      following within ten business days:
             2272          (1) conviction of any criminal offense; or
             2273          (2) filing a personal or brokerage bankruptcy.
             2274          Section 78. Section 61-2-8 is amended to read:
             2275           61-2-8. Discharge of associate broker or sales agent by principal broker -- Notice.
             2276          If an associate broker or sales agent is discharged by a principal broker, the principal broker
             2277      shall, within three days, [notify] send the division [in writing] a signed statement notifying the
             2278      division of the discharge. The principal broker shall address a communication to the last-known
             2279      residence address of that associate broker or sales agent advising him that notice of his termination
             2280      has been delivered or [mailed] sent to the division. It is unlawful for any associate broker or sales
             2281      agent to perform any of the acts under this chapter, directly or indirectly, from and after the date
             2282      of receipt of the termination notice until affiliation with a principal broker has been established.
             2283          Section 79. Section 61-2a-5 is amended to read:
             2284           61-2a-5. Notice to division -- Judgment against real estate licensee -- Fraud,
             2285      misrepresentation, or deceit -- Verified petition for order directing payment from fund --
             2286      Limitations and procedure.
             2287          (1) A person may bring a claim against the Real Estate Education, Research, and Recovery
             2288      Fund only if he [provides written notice] sends a signed notification to the Division of Real Estate


             2289      at the time he files an action against a real estate licensee alleging fraud, misrepresentation, or
             2290      deceit. Within 30 days of receipt of the notice, the division shall have an unconditional right to
             2291      intervene in the action. If the person making a claim against the fund obtains a final judgment in
             2292      a court of competent jurisdiction in this state against the licensee based upon fraud,
             2293      misrepresentation, or deceit in any real estate transaction, the person making the claim may, upon
             2294      termination of all proceedings including appeals, file a verified petition in the court where the
             2295      judgment was entered for an order directing payment from the Real Estate Education, Research,
             2296      and Recovery Fund for the uncollected actual damages included in the judgment and unpaid.
             2297      Recovery from the fund may not include punitive damages, attorney's fees, interest, or court costs.
             2298      Regardless of the number of claimants or parcels of real estate involved in a transaction, the
             2299      liability of the fund may not exceed $10,000 for a single transaction and $50,000 for any one
             2300      licensee.
             2301          (2) A copy of the petition shall be served upon the Division of Real Estate of the
             2302      Department of Commerce, and an affidavit of the service shall be filed with the court.
             2303          (3) The court shall conduct a hearing on the petition within 30 days after service. The
             2304      petitioner shall recover from the fund only if he shows all of the following:
             2305          (a) He is not the spouse of the judgment debtor or the personal representative of the
             2306      spouse.
             2307          (b) He has complied with this chapter.
             2308          (c) He has obtained a final judgment in the manner prescribed under this section,
             2309      indicating the amount of the judgment awarded.
             2310          (d) He has proved the amount still owing on the judgment at the date of the petition.
             2311          (e) He has had a writ of execution issued upon the judgment, and the officer executing the
             2312      writ has made a return showing that no property subject to execution in satisfaction of the
             2313      judgment could be found. If execution is levied against the property of the judgment debtor, the
             2314      petitioner shall show that the amount realized was insufficient to satisfy the judgment, and shall
             2315      indicate the amount realized and the balance remaining on the judgment after application of the
             2316      amount realized.
             2317          (f) He has made reasonable searches and inquiries to ascertain whether the judgment
             2318      debtor has any interest in property, real or personal, that may satisfy the judgment, and he has
             2319      exercised reasonable diligence to secure payment of the judgment from the assets of the judgment


             2320      debtor.
             2321          (4) If the petitioner satisfies the court that it is not practicable for him to comply with one
             2322      or more of the requirements enumerated in Subsections (3) (e) and (f), the court may waive those
             2323      requirements.
             2324          (5) A judgment that is the basis for a claim against the fund may not have been discharged
             2325      in bankruptcy. In the case of a bankruptcy proceeding that is still open or that is commenced
             2326      during the pendency of the claim, the claimant shall obtain an order from the bankruptcy court
             2327      declaring the judgment and debt to be nondischargeable.
             2328          Section 80. Section 61-2b-6 is amended to read:
             2329           61-2b-6. Duties and powers of division.
             2330          (1) The division shall have the following powers and duties:
             2331          (a) The division shall:
             2332          (i) receive applications for licensing as a state-licensed appraiser;
             2333          (ii) establish appropriate administrative procedures for the processing of licensing
             2334      applications;
             2335          (iii) issue licenses to qualified applicants pursuant to the provisions of this chapter; and
             2336          (iv) maintain a registry of the names and addresses of individuals who are currently
             2337      licensed as state-licensed appraisers under this chapter.
             2338          (b) The division shall:
             2339          (i) receive applications for certification as a state-certified general appraiser or
             2340      state-certified residential appraiser under this chapter;
             2341          (ii) establish appropriate administrative procedures for the processing of certification
             2342      applications;
             2343          (iii) issue certificates to qualified applicants pursuant to the provisions of this chapter; and
             2344          (iv) maintain a registry of the names and addresses of individuals who are currently
             2345      registered, licensed, or certified under this chapter.
             2346          (c) The division shall hold public hearings under the direction of the board.
             2347          (d) (i) The division shall, at its option, solicit bids and enter into contracts with one or
             2348      more educational testing services or organizations for the preparation of a bank of questions and
             2349      answers approved by the board for licensing and certification examinations; and
             2350          (ii) administer or contract for the administration of licensing and certification examinations


             2351      as may be required to carry out its responsibilities under this chapter.
             2352          (e) The division shall provide administrative assistance to the board by providing to the
             2353      board the facilities, equipment, supplies, and personnel that are required to enable the board to
             2354      carry out its responsibilities under this chapter.
             2355          (f) The division shall assist the board in upgrading and improving the quality of the
             2356      education and examinations required under this chapter.
             2357          (g) The division shall assist the board in improving the quality of the continuing education
             2358      available to persons registered, licensed, and certified under this chapter.
             2359          (h) The division shall assist the board with respect to the proper interpretation or
             2360      explanation of the Uniform Standards of Professional Appraisal Practice as required by Section
             2361      61-2b-27 when an interpretation or explanation becomes necessary in the enforcement of this
             2362      chapter.
             2363          (i) The division shall collect all registration, licensing, and certification fees required or
             2364      permitted by this chapter.
             2365          (j) The division may:
             2366          (i) investigate complaints against persons registered, licensed, or certified under this
             2367      chapter;
             2368          (ii) subpoena witnesses and the production of books, documents, records, and other papers;
             2369          (iii) administer oaths; and
             2370          (iv) take testimony and receive evidence concerning all matters within its jurisdiction.
             2371          (k) The division may promote research and conduct studies relating to the profession of
             2372      real estate appraising and sponsor real estate appraisal educational activities.
             2373          (l) The division shall adopt, with the concurrence of the board, rules for the administration
             2374      of this chapter pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, that are
             2375      not inconsistent with the provisions of this chapter or the constitution and laws of this state or of
             2376      the United States.
             2377          (m) The division shall employ an appropriate staff to investigate allegations that persons
             2378      registered, licensed, or certified under this chapter failed to comply with the terms and provisions
             2379      of this chapter.
             2380          (n) The division may employ such other professional, clerical, and technical staff as may
             2381      be necessary to properly administer the work of the division under this chapter.


             2382          (2) (a) The division shall register expert witnesses who are not otherwise registered,
             2383      licensed, or certified under this chapter to appear in all administrative and judicial tax proceedings
             2384      to provide evidence related to the valuation of real property that is assessed by the tax commission,
             2385      provided that the:
             2386          (i) registration is limited to a specific proceeding;
             2387          (ii) registration is valid until the proceeding becomes final;
             2388          (iii) applicant pays a registration fee to the division;
             2389          (iv) applicant provides the applicant's name, address, occupation, and professional
             2390      credentials; and
             2391          (v) applicant [signs] provides a [sworn] notarized statement that:
             2392          (A) the applicant is competent to render an appraisal and to testify as an expert witness in
             2393      the proceeding; and
             2394          (B) the appraisal and testimony to be offered shall be in accordance with the Uniform
             2395      Standards of Professional Appraisal Practice adopted by the board.
             2396          (b) The provisions of Subsection (2)(a) shall be effective for all administrative and judicial
             2397      property tax proceedings related to the valuation of real property that is assessed by the tax
             2398      commission, including those filed but which are not final as of May 3, 1994.
             2399          (3) The division shall be immune from any civil action or criminal prosecution for
             2400      initiating or assisting in any lawful investigation of the actions of or participating in any
             2401      disciplinary proceeding concerning a person registered, licensed, or certified pursuant to this
             2402      chapter if the action is taken without malicious intent and in the reasonable belief that the action
             2403      was taken pursuant to the powers and duties vested in the members of the division under this
             2404      chapter.
             2405          Section 81. Section 61-2b-18 is amended to read:
             2406           61-2b-18. Application for certification, registration, or licensure.
             2407          (1) Applications for original certification, registration as an expert witness, or licensure
             2408      and renewal of certification, registration, or licensure shall be [made in writing] sent to the division
             2409      on forms approved by the division.
             2410          (2) The payment of the appropriate fee, as fixed by the division with the concurrence of
             2411      the board in accordance with Section 63-38-3.2 , must accompany all applications for original
             2412      certification, registration as an expert witness, or licensure and renewal of certification,


             2413      registration, or licensure.
             2414          (3) (a) At the time of filing an application for original certification, registration as an
             2415      expert witness, or licensure or for renewal of certification, registration, or licensure, each applicant
             2416      shall sign a pledge to comply with the Uniform Standards of Professional Appraisal Practice and
             2417      the ethical rules to be observed by an appraiser that are established under Section 61-2b-27 for
             2418      certified, registered, or licensed appraisers under this chapter.
             2419          (b) Each applicant shall also certify that he understands the types of misconduct, as set
             2420      forth in this chapter, for which disciplinary proceedings may be initiated against persons certified,
             2421      registered, or licensed under this chapter.
             2422          Section 82. Section 61-2b-26 is amended to read:
             2423           61-2b-26. Principal place of business -- Display of documents.
             2424          (1) Each person registered, licensed, or certified under this chapter shall designate and
             2425      maintain a principal place of business and shall conspicuously display his registration, license, or
             2426      certification.
             2427          (2) Upon any change of his principal business location or home address, a person
             2428      registered, licensed, or certified under this chapter shall promptly [give notice in writing to] send
             2429      the division a signed statement notifying the division of any change within ten business days of
             2430      the change.
             2431          (3) A nonresident registrant, licensee, or certificate holder is not required to maintain a
             2432      place of business in this state if he maintains an active place of business in his state of domicile.
             2433          Section 83. Section 61-2b-27 is amended to read:
             2434           61-2b-27. Professional conduct -- Uniform standards.
             2435          (1) (a) Each person registered, licensed, or certified under this chapter must comply with
             2436      generally accepted standards of professional appraisal practice and generally accepted ethical rules
             2437      to be observed by a real estate appraiser.
             2438          (b) Generally accepted standards of professional appraisal practice are currently evidenced
             2439      by the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal
             2440      Foundation.
             2441          (c) After a public hearing held in accordance with the provisions of Title 63, Chapter 46a,
             2442      Utah Administrative Rulemaking Act, the board shall adopt and may make modifications of or
             2443      additions to the Uniform Standards of Professional Appraisal Practice as the board considers


             2444      appropriate to comply with the Financial Institutions Reform, Recovery, and Enforcement Act of
             2445      1989.
             2446          (2) If the Appraisal Standards Board of the Appraisal Foundation modifies the Uniform
             2447      Standards of Professional Appraisal Practice, issues supplemental appraisal standards which it
             2448      considers appropriate for residential real estate appraisers or for general real estate appraisers, or
             2449      issues ethical rules to be observed by a real estate appraiser and requests the board to consider the
             2450      adoption of the modified or supplemental standards or ethical rules, the board shall schedule a
             2451      public hearing pursuant to the provisions of Title 63, Chapter 46a, Utah Administrative
             2452      Rulemaking Act, for the purpose of deciding whether or not it should require the modified or
             2453      supplemental standards or the ethical rules to be observed by persons registered, licensed, or
             2454      certified under this chapter.
             2455          (3) If, after the notice and public hearing the board finds that the modified or supplemental
             2456      standards or the ethical rules issued by the Appraisal Standards Board of the Appraisal Foundation
             2457      are appropriate for persons registered, licensed, or certified under this chapter, the board shall
             2458      recommend rules requiring all persons registered, licensed, or certified under this chapter to
             2459      observe the modified or supplemental standards or the ethical rules.
             2460          (4) A copy of each such rule adopted by the division shall be [mailed] sent to the business
             2461      address of each person currently registered, licensed, or certified under this chapter.
             2462          Section 84. Section 63-56-5 is amended to read:
             2463           63-56-5. Definitions.
             2464          As used in this chapter:
             2465          (1) "Architect-engineer services" are those professional services within the scope of the
             2466      practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in
             2467      Section 58-22-102 .
             2468          (2) "Business" means any corporation, partnership, individual, sole proprietorship, joint
             2469      stock company, joint venture, or any other private legal entity.
             2470          (3) "Change order" means a written order signed by the procurement officer, directing the
             2471      contractor to suspend work or make changes, which the appropriate clauses of the contract
             2472      authorize the procurement officer to order without the consent of the contractor or any written
             2473      alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity,
             2474      or other provisions of any contract accomplished by mutual action of the parties to the contract.


             2475          (4) (a) "Construction" means the process of building, renovation, alteration, improvement,
             2476      or repair of any public building or public work.
             2477          (b) "Construction" does not mean the routine operation, routine repair, or routine
             2478      maintenance of existing structures, buildings, or real property.
             2479          (5) (a) "Construction Manager/General Contractor" means any contractor who enters into
             2480      a contract for the management of a construction project when that contract allows the contractor
             2481      to subcontract for additional labor and materials that were not included in the contractor's cost
             2482      proposal submitted at the time of the procurement of the Construction Manager/General
             2483      Contractor's services.
             2484          (b) "Construction Manager/General Contractor" does not mean a contractor whose only
             2485      subcontract work not included in the contractor's cost proposal submitted as part of the
             2486      procurement of construction is to meet subcontracted portions of change orders approved within
             2487      the scope of the project.
             2488          (6) "Contract" means any state agreement for the procurement or disposal of supplies,
             2489      services, or construction.
             2490          (7) "Cooperative purchasing" means procurement conducted by, or on behalf of, more than
             2491      one public procurement unit, or by a public procurement unit with an external procurement unit.
             2492          (8) "Cost-reimbursement contract" means a contract under which a contractor is
             2493      reimbursed for costs which are allowed and allocated in accordance with the contract terms and
             2494      the provisions of this chapter, and a fee, if any.
             2495          (9) (a) "Design-build" means the procurement of architect-engineer services and
             2496      construction by the use of a single contract with the design-build provider.
             2497          (b) This method of design and construction can include the design-build provider
             2498      supplying the site as part of the contract.
             2499          (10) "Established catalogue price" means the price included in a catalogue, price list,
             2500      schedule, or other form that:
             2501          (a) is regularly maintained by a manufacturer or contractor;
             2502          (b) is either published or otherwise available for inspection by customers; and
             2503          (c) states prices at which sales are currently or were last made to a significant number of
             2504      any category of buyers or buyers constituting the general buying public for the supplies or services
             2505      involved.


             2506          (11) "External procurement unit" means any buying organization not located in this state
             2507      which, if located in this state, would qualify as a public procurement unit. An agency of the United
             2508      States is an external procurement unit.
             2509          (12) "Grant" means the furnishing by the state or by any other public or private source
             2510      assistance, whether financial or otherwise, to any person to support a program authorized by law.
             2511      It does not include an award whose primary purpose is to procure an end product, whether in the
             2512      form of supplies, services, or construction. A contract resulting from the award is not a grant but
             2513      a procurement contract.
             2514          (13) "Invitation for bids" means all documents, whether attached or incorporated by
             2515      reference, utilized for soliciting bids.
             2516          (14) "Local public procurement unit" means any political subdivision or institution of
             2517      higher education of the state or public agency of any subdivision, public authority, educational,
             2518      health, or other institution, and to the extent provided by law, any other entity which expends
             2519      public funds for the procurement of supplies, services, and construction, but not counties,
             2520      municipalities, political subdivisions created by counties or municipalities under the Interlocal
             2521      Cooperation Act, the Utah Housing Finance Agency, the Utah Technology Finance Corporation,
             2522      or the Legislature and its staff offices. It includes two or more local public procurement units
             2523      acting under legislation which authorizes intergovernmental cooperation.
             2524          (15) "Person" means any business, individual, union, committee, club, other organization,
             2525      or group of individuals, not including a state agency or a local public procurement unit.
             2526          (16) "Policy board" means the procurement policy board created by Section 63-56-6 .
             2527          (17) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
             2528      under the requirements of this chapter.
             2529          (18) "Procurement" means buying, purchasing, renting, leasing, leasing with an option to
             2530      purchase, or otherwise acquiring any supplies, services, or construction. It also includes all
             2531      functions that pertain to the obtaining of any supply, service, or construction, including description
             2532      of requirements, selection, and solicitation of sources, preparation, and award of a contract, and
             2533      all phases of contract administration.
             2534          (19) "Procurement officer" means any person or board duly authorized to enter into and
             2535      administer contracts and make written determinations with respect thereto. It also includes an
             2536      authorized representative acting within the limits of authority.


             2537          (20) "Public procurement unit" means either a local public procurement unit or a state
             2538      public procurement unit.
             2539          (21) "Purchase description" means the words used in a solicitation to describe the supplies,
             2540      services, or construction to be purchased, and includes specifications attached to or made a part
             2541      of the solicitation.
             2542          (22) "Purchasing agency" means any state agency other than the Division of Purchasing
             2543      and General Services that is authorized by this chapter or its implementing regulations, or by
             2544      delegation from the chief procurement officer, to enter into contracts.
             2545          (23) "Request for proposals" means all documents, whether attached or incorporated by
             2546      reference, used for soliciting proposals.
             2547          (24) "Responsible bidder or offeror" means a person who has the capability in all respects
             2548      to perform fully the contract requirements and who has the integrity and reliability which will
             2549      assure good faith performance.
             2550          (25) "Responsive bidder" means a person who has submitted a bid which conforms in all
             2551      material respects to the invitation for bids.
             2552          (26) "Sealed" does not preclude acceptance of electronically sealed and submitted bids or
             2553      proposals in addition to bids or proposals manually sealed and submitted.
             2554          [(26)] (27) "Services" means the furnishing of labor, time, or effort by a contractor, not
             2555      involving the delivery of a specific end product other than reports which are merely incidental to
             2556      the required performance. It does not include employment agreements or collective bargaining
             2557      agreements.
             2558          [(27)] (28) "Specification" means any description of the physical or functional
             2559      characteristics, or of the nature of a supply, service, or construction item. It may include a
             2560      description of any requirement for inspecting, testing, or preparing a supply, service, or
             2561      construction item for delivery.
             2562          [(28)] (29) "State agency" means any department, division, commission, council, board,
             2563      bureau, committee, institution, government corporation, or other establishment or official of this
             2564      state.
             2565          [(29)] (30) "State public procurement unit" means the Division of Purchasing and General
             2566      Services and any other purchasing agency of this state.
             2567          [(30)] (31) "Supplies" means all property, including equipment, materials, and printing.


             2568          [(31)] (32) "Using agency" means any state agency which utilizes any supplies, services,
             2569      or construction procured under this chapter.
             2570          Section 85. Section 72-1-102 is amended to read:
             2571           72-1-102. Definitions.
             2572          As used in this title:
             2573          (1) "Commission" means the Transportation Commission created under Section 72-1-301 .
             2574          (2) "Construction" means the construction, reconstruction, replacement, and improvement
             2575      of the highways, including the acquisition of rights-of-way and material sites.
             2576          (3) "Department" means the Department of Transportation created in Section 72-1-201 .
             2577          (4) "Executive director" means the executive director of the department appointed under
             2578      Section 72-1-202 .
             2579          (5) "Farm tractor" has the meaning set forth in Section 41-1a-102 .
             2580          (6) "Federal aid primary highway" means that portion of connected main highways located
             2581      within this state officially designated by the department and approved by the United States
             2582      Secretary of Transportation under Title 23, Highways, U.S.C.
             2583          (7) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel,
             2584      culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the
             2585      public, or made public in an action for the partition of real property, including the entire area
             2586      within the right-of-way.
             2587          (8) "Highway authority" means the department or the legislative, executive, or governing
             2588      body of a county or municipality.
             2589          (9) "Implement of husbandry" has the meaning set forth in Section 41-1a-102 .
             2590          (10) "Interstate system" means any highway officially designated by the department and
             2591      included as part of the national interstate and defense highways, as provided in the Federal Aid
             2592      Highway Act of 1956 and any supplemental acts or amendments.
             2593          (11) "Limited-access facility" means a highway especially designated for through traffic,
             2594      and over, from, or to which neither owners nor occupants of abutting lands nor other persons have
             2595      any right or easement, or have only a limited right or easement of access, light, air, or view.
             2596          (12) "Motor vehicle" has the same meaning set forth in Section 41-1a-102 .
             2597          (13) "Municipality" has the same meaning set forth in Section 10-1-104 .
             2598          (14) "National highway systems highways" means that portion of connected main


             2599      highways located within this state officially designated by the department and approved by the
             2600      United States Secretary of Transportation under Title 23, Highways, U.S.C.
             2601          (15) (a) "Port-of-entry" means a fixed or temporary facility constructed, operated, and
             2602      maintained by the department where drivers, vehicles, and vehicle loads are checked or inspected
             2603      for compliance with state and federal laws as specified in Section 72-9-501 .
             2604          (b) "Port-of-entry" includes inspection and checking stations and weigh stations.
             2605          (16) "Port-of-entry agent" means a person employed at a port-of-entry to perform the
             2606      duties specified in Section 72-9-501 .
             2607          (17) "Right-of-way" means real property or an interest in real property, usually in a strip,
             2608      acquired for or devoted to a highway.
             2609          (18) "Sealed" does not preclude acceptance of electronically sealed and submitted bids or
             2610      proposals in addition to bids or proposals manually sealed and submitted.
             2611          [(18)] (19) "Semitrailer" has the meaning set forth in Section 41-1a-102 .
             2612          [(19)] (20) "SR" means state route and has the same meaning as state highway as defined
             2613      in this section.
             2614          [(20)] (21) "State highway" means those highways designated as state highways in Title
             2615      72, Chapter 4, Designation of State Highways.
             2616          [(21)] (22) "State highway purposes" has the meaning set forth in Section 72-5-102 .
             2617          [(22)] (23) "State transportation systems" means all streets, alleys, roads, highways, and
             2618      thoroughfares of any kind, including connected structures, airports, and all other modes and forms
             2619      of conveyance used by the public.
             2620          [(23)] (24) "Trailer" has the meaning set forth in Section 41-1a-102 .
             2621          [(24)] (25) "Truck tractor" has the meaning set forth in Section 41-1a-102 .
             2622          [(25)] (26) "UDOT" means the Utah Department of Transportation.
             2623          [(26)] (27) "Vehicle" has the same meaning set forth in Section 41-1a-102 .
             2624          Section 86. Section 78-7-34 is enacted to read:
             2625          78-7-34. Electronic writing.
             2626          (1) Except as restricted by the Constitution of the United States or of this state, any writing
             2627      required or permitted by this code to be filed with or prepared by a court may be filed or prepared
             2628      in an electronic medium and by electronic transmission subject to the ability of the recipient to
             2629      accept and process the electronic writing.


             2630          (2) Any writing required to be signed that is filed with or prepared by a court in an
             2631      electronic medium or by electronic transmission shall be signed by digital signature in accordance
             2632      with Title 46, Chapter 3, Utah Digital Signature Act.


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