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H.B. 176 Enrolled
LONG TITLE
General Description:
This bill modifies parts of the Utah Code to make technical corrections including
wording, cross references, and numbering changes.
Highlighted Provisions:
This bill:
. modifies parts of the Utah Code by making technical corrections including wording,
cross referencing, and numbering changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-6-151, as last amended by Chapter 90, Laws of Utah 2004
11-36-501, as enacted by Chapter 239, Laws of Utah 2002
16-10a-1503, as enacted by Chapter 277, Laws of Utah 1992
16-10a-1530, as enacted by Chapter 277, Laws of Utah 1992
17-37-7, as last amended by Chapter 95, Laws of Utah 2002
17-43-201, as last amended by Chapters 80 and 228, Laws of Utah 2004
17-43-301, as last amended by Chapter 80, Laws of Utah 2004
17A-1-444, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-1-501, as last amended by Chapter 30, Laws of Utah 1992
17A-2-325, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1051, as last amended by Chapter 295, Laws of Utah 2004
17A-2-1409, as last amended by Chapter 20, Laws of Utah 2004
17B-2-515.5, as enacted by Chapter 257, Laws of Utah 2003
17B-4-1304, as enacted by Chapter 133, Laws of Utah 2001
20A-3-302, as last amended by Chapter 195, Laws of Utah 2004
20A-9-202, as last amended by Chapter 146, Laws of Utah 2004
26-6b-3, as last amended by Chapter 21, Laws of Utah 1999
31A-22-716, as last amended by Chapter 108, Laws of Utah 2004
32A-12-505, as last amended by Chapter 314, Laws of Utah 2003
34A-2-103, as last amended by Chapter 116, Laws of Utah 2001
34A-2-105, as last amended by Chapter 9, Laws of Utah 2001
35A-3-608, as renumbered and amended by Chapter 90, Laws of Utah 2003
38-1-27.2, as enacted by Chapter 148, Laws of Utah 2004
41-1a-1314, as last amended by Chapter 48, Laws of Utah 2001
48-1-42, as last amended by Chapter 41, Laws of Utah 1996
48-2c-1604, as enacted by Chapter 260, Laws of Utah 2001
48-2c-1612, as enacted by Chapter 260, Laws of Utah 2001
49-12-202, as last amended by Chapter 330, Laws of Utah 2004
49-13-202, as last amended by Chapter 330, Laws of Utah 2004
51-5-4.5, as last amended by Chapter 159, Laws of Utah 2002
51-7-2, as last amended by Chapter 159, Laws of Utah 2002
51-7-4, as last amended by Chapters 159 and 250, Laws of Utah 2002
53-2-107, as last amended by Chapter 195, Laws of Utah 2000
53A-17a-112, as last amended by Chapter 320, Laws of Utah 2003
58-1-307, as last amended by Chapters 156 and 280, Laws of Utah 2004
58-16a-501, as last amended by Chapter 48, Laws of Utah 2004
58-17b-309, as enacted by Chapter 280, Laws of Utah 2004
58-31d-103, as enacted by Chapter 15, Laws of Utah 2004
58-42a-102, as enacted by Chapter 240, Laws of Utah 1994
61-6-5, as last amended by Chapter 106, Laws of Utah 2000
62A-3-104.1, as last amended by Chapter 254, Laws of Utah 1998
62A-4a-209, as last amended by Chapters 265 and 306, Laws of Utah 2002
62A-15-108, as last amended by Chapter 100, Laws of Utah 2003
62A-15-110, as last amended by Chapter 100, Laws of Utah 2003
62A-15-713, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth Special
Session
63-2-204, as last amended by Chapter 280, Laws of Utah 1992
63-5b-102, as last amended by Chapters 14 and 159, Laws of Utah 2002
63-34-14, as enacted by Chapter 179, Laws of Utah 1997
63-38-8.1, as last amended by Chapter 175, Laws of Utah 2001
63-38-9.5, as last amended by Chapter 159, Laws of Utah 2002
63-38a-102, as last amended by Chapter 159, Laws of Utah 2002
63-55-263, as last amended by Chapters 37, 90 and 238, Laws of Utah 2004
63-56-5, as last amended by Chapters 159 and 178, Laws of Utah 2002
63A-1-113, as last amended by Chapter 159, Laws of Utah 2002
63A-9-101, as enacted by Chapter 334, Laws of Utah 1996
67-3-1, as last amended by Chapter 78, Laws of Utah 2003
67-5b-104, as enacted by Chapter 192, Laws of Utah 1994
67-5b-106, as last amended by Chapter 377, Laws of Utah 1997
70A-8-101, as repealed and reenacted by Chapter 204, Laws of Utah 1996
75-5a-119, as enacted by Chapter 272, Laws of Utah 1990
77-19-201, as enacted by Chapter 137, Laws of Utah 2004
78-12-33.5, as enacted by Chapter 208, Laws of Utah 1988
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-6-151 is amended to read:
10-6-151. Independent audits required.
Independent audits of all cities are required, to be performed in conformity with Title 51,
Chapter [
Organizations, and Other Local Entities Act. In the case of a city organized under Title 10,
Chapter 3, Part 12, Optional Forms of Municipal Government Act, the council shall appoint an
independent auditor for the purpose of complying with the requirements of this section and of
Title 51, Chapter [
Organizations, and Other Local Entities Act.
Section 2. Section 11-36-501 is amended to read:
11-36-501. Private entity assessment of impact fees -- Notice and hearing -- Audit.
(1) A private entity may only impose a charge for public facilities as a condition of
development approval by imposing an impact fee. A private entity shall comply with the
requirements of this chapter before imposing an impact fee.
(2) Except as otherwise specified in this chapter, a private entity is subject to the same
requirements of this chapter as a local political subdivision.
(3) Where notice and hearing requirements are specified, a private entity shall comply
with the notice and hearing requirements for special districts.
(4) A private entity that assesses an impact fee under this chapter is subject to the audit
requirements of Title 51, Chapter [
Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Section 3. Section 16-10a-1503 is amended to read:
16-10a-1503. Application for authority to transact business.
(1) A foreign corporation may apply for authority to transact business in this state by
delivering to the division for filing an application for authority to transact business setting forth:
(a) its corporate name and its assumed name, if any;
(b) the name of the state or country under whose law it is incorporated;
(c) its date of incorporation and period of its corporate duration;
(d) the street address of its principal office;
(e) the address of its registered office in this state and the name of its registered agent at
that office;
(f) the names and usual business addresses of its current directors and officers;
(g) the date it commenced or expects to commence transacting business in this state; and
(h) any additional information the division may determine is necessary or appropriate to
determine whether the application for authority to transact business should be filed.
(2) The foreign corporation shall deliver with the completed application for authority to
transact business a certificate of existence, or a document of similar import, duly authorized by
the [
the state or country under whose law it is incorporated. The certificate of existence shall be dated
within 90 days prior to the filing of the application for authority to transact business by the
division.
(3) The foreign corporation shall include in the application for authority to transact
business, or in an accompanying document, the written consent to appointment by the designated
registered agent.
Section 4. Section 16-10a-1530 is amended to read:
16-10a-1530. Grounds for revocation.
The division may commence a proceeding under Section 16-10a-1531 to revoke the
authority of a foreign corporation to transact business in this state if:
(1) the foreign corporation does not deliver its annual report to the division when it is
due;
(2) the foreign corporation does not pay when they are due any taxes, fees, or penalties
imposed by this chapter or other applicable laws of this state;
(3) the foreign corporation is without a registered agent or registered office in this state;
(4) the foreign corporation does not inform the division under Section 16-10a-1509 or
16-10a-1510 that its registered agent or registered office has changed, that its registered agent has
resigned, or that its registered office has been discontinued;
(5) an incorporator, director, officer, or agent of the foreign corporation signs a document
knowing it is false in any material respect with intent that the document be delivered to the
division for filing; or
(6) the division receives a duly authenticated certificate from the [
lieutenant governor or other official having custody of corporate records in the state or country
under whose law the foreign corporation is incorporated stating that the corporation has dissolved
or disappeared as the result of a merger.
Section 5. Section 17-37-7 is amended to read:
17-37-7. Annual report -- Financial statement.
To the extent that independent accounting records are prepared and maintained by the
planetarium, the planetarium board of directors shall make, or in the case of a contracting entity,
require that there be made, an annual report to the county executive and the county legislative
body on the condition and operation of the planetarium, including a financial statement. The
financial statement shall be prepared in accordance with generally accepted accounting principles
consistently applied and shall be reviewed by the county auditor. The planetarium shall be
included in the annual audit of the county conducted by an independent public accountant as
required by Title 51, Chapter [
Interlocal Organizations, and Other Local Entities Act.
Section 6. Section 17-43-201 is amended to read:
17-43-201. Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of government
under Section 17-52-504 , the county legislative body is the local substance abuse authority,
provided however that any contract for plan services shall be administered by the county
executive.
(ii) In each county operating under a council-manager form of government under Section
17-52-505 , the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this section,
and under the policy direction of the board and the administrative direction of the division, each
local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans; and
(ii) provide substance abuse services to residents of the county.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to provide substance abuse prevention and
treatment services.
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as the
treasurer for the combined substance abuse authorities and as the custodian of moneys available
for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the moneys for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting actions
within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement, personnel,
and administrative policies as already established by one of the participating counties or as
approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) (a) Each local substance abuse authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for substance abuse services, regardless of whether the services are
provided by a private contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments for
the purpose of providing substance abuse programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local substance abuse authorities with regard to programs and
services.
(4) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or other
county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county legislative
body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by contract,
for adults, youth, and children, including those incarcerated in a county jail or other county
correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised policies established by the board;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the policies of the board, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and services
in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and Mental Health
Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
Act, and Title 51, Chapter [
Interlocal Organizations, and Other Local Entities Act;
(m) for persons convicted of driving under the influence in violation of Subsection
41-6-44 (2) or Section 41-6-44.6 , conduct the following as defined in Section 41-6-44 :
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection 62A-15-503 (1) to
supplement the cost of providing the services described in Subsection (4)(m).
(5) Before disbursing any public funds, each local substance abuse authority shall require
that each entity that receives any public funds from the local substance abuse authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance of
the services provided to the local substance abuse authority shall be subject to examination by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an agreement
under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative body,
the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) As used in this section, "public funds" means the same as that term is defined in
Section 17-43-203 .
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract between
the local substance abuse authority and the provider for the provision of plan services.
Section 7. Section 17-43-301 is amended to read:
17-43-301. Local mental health authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of government
under Section 17-52-504 , the county legislative body is the local mental health authority,
provided however that any contract for plan services shall be administered by the county
executive.
(ii) In each county operating under a council-manager form of government under Section
17-52-505 , the county manager is the local mental health authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local mental health authority.
(b) Within legislative appropriations and county matching funds required by this section,
under the policy direction of the board and the administrative direction of the division, each local
mental health authority shall provide mental health services to persons within the county.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to provide mental health prevention and
treatment services.
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of mental health services.
(c) Each agreement for joint mental health services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as the
treasurer for the combined mental health authorities and as the custodian of moneys available for
the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the moneys available for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined mental health
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined mental health authorities;
and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting actions
within their counties relating to the combined mental health authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement, personnel,
and administrative policies as already established by one of the participating counties or as
approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint mental health services may provide for:
(i) joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other participating local
mental health authorities; and
(ii) allocation of appointments of members of the mental health advisory council between
or among participating counties.
(3) (a) Each local mental health authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for mental health services, regardless of whether the services are
provided by a private contract provider.
(b) Each local mental health authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments for
the purpose of providing mental health programs and services. The department and Department
of Health shall ensure that those directives are not duplicative or conflicting, and shall consult
and coordinate with local mental health authorities with regard to programs and services.
(4) (a) Each local mental health authority shall:
(i) review and evaluate mental health needs and services, including mental health needs
and services for persons incarcerated in a county jail or other county correctional facility;
(ii) as provided in Subsection (4)(b), annually prepare and submit to the division a plan
approved by the county legislative body for mental health funding and service delivery, either
directly by the local mental health authority or by contract;
(iii) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(iv) appoint, directly or by contract, a full-time or part-time director for mental health
programs and prescribe the director's duties;
(v) provide input and comment on new and revised policies established by the board;
(vi) establish and require contract providers to establish administrative, clinical,
personnel, financial, procurement, and management policies regarding mental health services and
facilities, in accordance with the policies of the board and state and federal law;
(vii) establish mechanisms allowing for direct citizen input;
(viii) annually contract with the division to provide mental health programs and services
in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and Mental Health
Act;
(ix) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(x) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
Act, and Title 51, Chapter [
Interlocal Organizations, and Other Local Entities Act; and
(xii) take and retain physical custody of minors committed to the physical custody of
local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(b) Each plan under Subsection (4)(a)(ii) shall include services for adults, youth, and
children, which shall include:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation, including vocational training and skills development;
(vii) case management;
(viii) community supports, including in-home services, housing, family support services,
and respite services;
(ix) consultation and education services, including case consultation, collaboration with
other county service agencies, public education, and public information; and
(x) services to persons incarcerated in a county jail or other county correctional facility.
(5) Before disbursing any public funds, each local mental health authority shall require
that each entity that receives any public funds from a local mental health authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance of
the services provided to the mental health authority shall be subject to examination by:
(i) the division;
(ii) the local mental health authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide mental health services under an agreement
under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative body,
the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local mental health authority;
and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local mental health authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for mental health services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) As used in this section, "public funds" means the same as that term is defined in
Section 17-43-303 .
(b) Public funds received for the provision of services pursuant to the local mental health
plan may not be used for any other purpose except those authorized in the contract between the
local mental health authority and the provider for the provision of plan services.
Section 8. Section 17A-1-444 is amended to read:
17A-1-444. Independent audits required.
Independent audits of all districts are required to be performed in conformity with Title
51, Chapter [
and Other Local Entities Act. The governing body shall appoint an independent auditor for the
purpose of complying with the requirements of this section and with Title 51, Chapter [
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act.
Section 9. Section 17A-1-501 is amended to read:
17A-1-501. Definitions.
As used in this part:
(1) "Audit reports" means the reports of any independent audit of the district performed
by:
(a) an independent auditor as required by Title 51, Chapter [
from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
(b) the state auditor; or
(c) the legislative auditor.
(2) "Board" means the governing body of any special district.
(3) "Budget" means a plan of financial operations for a fiscal year that includes:
(a) estimates of proposed expenditures for given purposes and the proposed means of
financing them;
(b) the source and amount of estimated revenue for the district for the fiscal year;
(c) fund balance in each fund at the beginning of the fiscal year and the projected fund
balance for each fund at the end of the fiscal year; and
(d) capital projects or budgets for proposed construction or improvement to capital
facilities within the district.
(4) "Constituent entity" means any county, city, or town that levies property taxes within
the boundaries of the district.
(5) (a) "Customer agencies" means those governmental entities, except school districts,
institutions of higher education, and federal government agencies that purchase or obtain services
from the special district.
(b) "Customer agencies" for purposes of state agencies means the state auditor.
(6) "Independent special district" means any special district established under authority
of Title 17A, Chapter 2.
Section 10. Section 17A-2-325 is amended to read:
17A-2-325. Creation of districts authorized.
Improvement districts may be created within this state under authority of Chapter 24,
Laws of Utah, 1949, as amended by this session of the Legislature, despite the fact that all or any
part of any district thereby created lies within the boundaries of a water [
conservancy district theretofore or thereafter created under authority of [
Water Conservancy Districts.
Section 11. Section 17A-2-1051 is amended to read:
17A-2-1051. Members of board subject to recall.
(1) (a) A member of the board of trustees of a district is subject to recall at any time by
the governing body of the municipality, county, or unincorporated county area from which the
member is appointed.
(b) A recall of a member of the board of trustees shall be made in the same manner as
original appointment.
(c) The appointing entities shall provide written notice to the member of the board of
trustees being recalled.
(2) Upon written notice to the board, a member may resign the board member's position
as trustee.
(3) If a member of the board is recalled or resigns under this section, the vacancy shall be
filled in accordance with Subsection 17A-2-1038 [
Section 12. Section 17A-2-1409 is amended to read:
17A-2-1409. Board of trustees -- Selection of members -- Number -- Qualifications
-- Terms -- Vacancies -- Surety bonds -- Meetings -- Reports.
(1) (a) Within 45 days after entry of the decree incorporating the district, the board of
trustees shall be selected as provided in this Subsection (1).
(b) For a district that consists of a single county, the county legislative body of that
county shall appoint each trustee.
(c) (i) For a district that consists of more than a single county, the governor, with the
consent of the Senate, shall appoint each trustee from nominees submitted as provided in this
Subsection (1)(c).
(ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
incorporated cities, the legislative body of each city within the division shall submit two
nominees per trustee.
(B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a city may submit
fewer than two nominees per trustee if the legislative body certifies in writing to the governor
that the legislative body is unable, after reasonably diligent effort, to identify two nominees who
are willing and qualified to serve as trustee.
(iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the county
legislative body of the county in which the division is located shall submit three nominees per
trustee.
(B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
fewer than three nominees per trustee if the county legislative body certifies in writing to the
governor that the county legislative body is unable, after reasonably diligent effort, to identify
three nominees who are willing and qualified to serve as trustee.
(iv) If a trustee represents a division located in more than one county, the county
governing bodies of those counties shall collectively compile the list of three nominees.
(v) For purposes of this Subsection (1)(c), a city that is located in more than one county
shall be considered to be located in only the county in which more of the city area is located than
in any other county.
(d) In districts where substantial water is allocated for irrigated agriculture, one trustee
appointed in that district shall be a person who owns irrigation rights and uses those rights as part
of that person's livelihood.
(2) (a) The court shall establish the number, representation, and votes of trustees for each
district in the decree creating the district. The board of trustees of the district shall consist of not
more than 11 persons who are residents of the district. If the district consists of five or more
counties, the board of trustees shall consist of not more than 21 persons who are residents of the
district.
(b) At least 90 days before expiration of a trustee's term, the secretary of the board shall:
(i) give written notice of vacancies in any office of trustee and of the expiration date of
terms of office of trustees to the county legislative body in single county districts and to the
nominating entities and the governor in all other districts; and
(ii) publish the notice in a newspaper having general circulation.
(c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a
vacancy in the office of trustee, the legislative body of the city or the county legislative body, as
the case may be, shall nominate candidates to fill the unexpired term of office pursuant to
Subsection (1).
(ii) If the entity charged with nominating candidates for appointment by the governor has
not submitted the list of nominees within 90 days after service of the notice, the governor shall
make the appointment from qualified candidates without consultation with the legislative body of
the city or the county legislative body.
(iii) If the governor fails to appoint, the incumbent shall continue to serve until a
successor is appointed and qualified.
(iv) Appointment by the governor vests in the appointee, upon qualification, the authority
to discharge the duties of trustee, subject only to the consent of the Senate.
(d) Each trustee shall hold office during the term for which appointed and until a
successor is duly appointed and has qualified.
(3) Each trustee shall furnish a corporate surety bond at the expense of the district, in
amount and form fixed and approved by the court, conditioned for the faithful performance of
duties as a trustee.
(4) (a) A report of the business transacted during the preceding year by the district,
including a financial report prepared by certified public accountants, shall be filed with:
(i) the clerk of the district court;
(ii) the governing bodies of counties with lands within the district; and
(iii) cities charged with nominating trustees.
(b) No more than 14 days and no less than five days prior to the annual meeting, the
district shall have published at least once in a newspaper having general circulation within the
district:
(i) a notice of the annual meeting; and
(ii) the names of the trustees.
(c) The district shall have published a summary of its financial report in a newspaper
having general circulation within the district. The summary shall be published no later than 30
days after the date the audit report required under Title 51, Chapter [
Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, is
required to be filed with the state auditor.
(d) Subsections (4)(b) and (c) do not apply to districts with annual revenues of less than
$1,000,000.
Section 13. Section 17B-2-515.5 is amended to read:
17B-2-515.5. Automatic annexation to a district providing fire protection,
paramedic, and emergency services.
(1) An area outside the boundaries of a local district that is annexed to a municipality or
added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4, Annexation,
is automatically annexed to the local district if:
(a) the local district provides fire protection, paramedic, and emergency services;
(b) an election for the creation of the local district was not required because of
Subsection 17B-2-214 (3)(c); and
(c) before the municipal annexation or boundary adjustment, the entire municipality that
is annexing the area or adding the area by boundary adjustment was included within the local
district.
(2) The effective date of an annexation under this section is governed by Subsection
17B-2-514 [
Section 14. Section 17B-4-1304 is amended to read:
17B-4-1304. Audit requirements.
Each agency shall comply with the audit requirements of Title 51, Chapter [
2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act.
Section 15. Section 20A-3-302 is amended to read:
20A-3-302. Absentee voting -- No polling place for remote districts.
(1) Whenever, on the 60th day before an election, there are 500 or [
registered to vote in a voting precinct, the county legislative body of the county in which the
voting precinct is located may elect to administer an election entirely by absentee ballot.
(2) If the county legislative body of the county in which the voting precinct is located
decides to administer an election entirely by absentee ballot, the county clerk shall mail to each
registered voter within that voting precinct:
(a) an absentee ballot;
(b) a statement that there will be no polling place for the election;
(c) instructions for returning the ballot that include an express notice about any relevant
deadlines that the voter must meet in order for his vote to be counted; and
(d) a warning, on a separate page of colored paper in bold face print, indicating that if the
voter fails to follow the instructions included with the absentee ballot, he will be unable to vote
in that election because there will be no polling place in the voting precinct on the day of the
election.
(3) Any voter who votes by absentee ballot under this subsection is not required to apply
for an absentee ballot as required by this part.
(4) (a) The county clerk of a county that administers an election entirely by absentee
ballot shall:
(i) obtain, in person, the signatures of each voter within that voting precinct before the
election; and
(ii) maintain the signatures on file in the county clerk's office.
(b) (i) Upon receiving the returned absentee ballots, the county clerk shall compare the
signature on each absentee ballot with the voter's signature that is maintained on file and verify
that the signatures are the same.
(ii) If the county clerk questions the authenticity of the signature on the absentee ballot,
the clerk shall immediately contact the voter to verify the signature.
(iii) If the voter does not confirm his signature on the absentee ballot, the county clerk
shall:
(A) immediately send another absentee ballot and other voting materials as required by
this subsection to the voter; and
(B) disqualify the initial absentee ballot.
Section 16. Section 20A-9-202 is amended to read:
20A-9-202. Declarations of candidacy for regular general elections -- Requirements
for candidates.
(1) (a) Each person seeking to become a candidate for elective office for any county
office that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the county clerk [
after March 7 and before 5 p.m. on the March 17 before the next regular general election; and
(ii) pay the filing fee.
(b) Each person intending to become a candidate for any legislative office or multicounty
office that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with either the lieutenant governor or the
county clerk in the candidate's county of residence [
5 p.m. on the March 17 before the next regular general election; and
(ii) pay the filing fee.
(c) (i) Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
candidacy to the lieutenant governor within one working day after it is filed.
(ii) Each day during the filing period, each county clerk shall notify the lieutenant
governor electronically or by telephone of legislative candidates who have filed in their office.
(d) Each person seeking to become a candidate for elective office for any federal office
or constitutional office that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the lieutenant governor [
or after March 7 and before 5 p.m. on the March 17 before the next regular general election; and
(ii) pay the filing fee.
(e) Each person seeking the office of lieutenant governor, the office of district attorney,
or the office of President or Vice President of the United States shall comply with the specific
declaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general election
shall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district [
March 17 before the next regular general election; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the office of district
attorney.
(3) (a) Within five working days of nomination, each lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor; and
(ii) pay the filing fee.
(b) (i) Any candidate for lieutenant governor who fails to file within five working days is
disqualified.
(ii) If a lieutenant governor is disqualified, another candidate shall be nominated to
replace the disqualified candidate.
(4) Each registered political party shall:
(a) certify the names of its candidates for President and Vice President of the United
States to the lieutenant governor by September 3; or
(b) provide written authorization for the lieutenant governor to accept the certification of
candidates for President and Vice President of the United States from the national office of the
registered political party.
(5) (a) A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor within five days after the last day for
filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by amending the declaration or petition within three days after the objection is sustained
or by filing a new declaration within three days after the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
by a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of
its discretion, agrees to review the lower court decision.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate by
filing a written affidavit with the clerk.
Section 17. Section 26-6b-3 is amended to read:
26-6b-3. Temporary involuntary treatment, isolation, and quarantine.
(1) The department, or the local health department having jurisdiction over the location
where an individual who is subject to supervision is found, may issue an order for the
individual's temporary involuntary treatment, quarantine, or isolation pursuant to Subsection
26-1-30 (2), 26A-1-114 (1)(b), or Section 26-6-4 upon compliance with the requirements of this
section.
(2) An individual who is subject to supervision who willfully fails to voluntarily submit
to treatment, quarantine, or isolation as requested by the department or the local health
department may be ordered to submit to treatment, quarantine, or isolation upon:
(a) written affidavit of the department or the local health department stating:
(i) a belief that the individual who is subject to supervision is likely to fail to submit to
treatment, quarantine, or isolation if not immediately restrained;
(ii) this failure would pose a threat to the public health; and
(iii) the personal knowledge of the individual's condition or the circumstances that lead
to that belief; and
(b) a written statement by a licensed physician indicating the physician finds the
individual is subject to supervision.
(3) A temporary order issued under Subsection (1) may:
(a) be made by the department or by the local health department;
(b) order the individual to submit to reasonable involuntary treatment, quarantine, and
isolation, or any of these; and
(c) not require an individual to be subject to [
isolation, or treatment for more than five days, excluding Saturdays, Sundays, and legal holidays,
unless a petition has been filed with the district court pursuant to Section 26-6b-5 .
(4) (a) Pending issuance of an examination order pursuant to Section 26-6b-5 or an order
for involuntary quarantine, isolation, or treatment from a district court pursuant to Section
26-6b-6 , the individual who is the subject of the temporary order may be required to submit to
involuntary quarantine, isolation, or treatment in his home, a hospital, or any other suitable
facility under reasonable conditions prescribed by the department or the local health department.
(b) The department or the local health department, whichever initially ordered the
quarantine, isolation, or treatment, shall take reasonable measures, including the provision of
medical care, as may be necessary to assure proper care related to the reason for the involuntary
treatment, isolation, or quarantine of an individual ordered to submit to involuntary treatment,
isolation, or quarantine.
(5) The individual who is subject to supervision shall be served a copy of the temporary
order, together with the affidavit and the physician's written statement, upon being taken into
custody. A copy shall also be maintained at the place of quarantine, isolation, or treatment.
Section 18. Section 31A-22-716 is amended to read:
31A-22-716. Required provision for notice of termination.
(1) Every policy for group or blanket accident and health coverage issued or renewed
after July 1, 1990, shall include a provision that obligates the policyholder to give 30 days prior
written notice of termination to each employee or group member and to notify each employee or
group member of his rights to continue coverage upon termination.
(2) An insurer's monthly notice to the policyholder of premium payments due shall
include a statement of the policyholder's obligations as set forth in Subsection (1). Insurers shall
provide a sample notice to the policyholder at least once a year.
(3) For the purpose of compliance with federal law and the Health Insurance Portability
and Accountability Act, P.L. No. 104-191, 110 Stat. 1960, all health benefit plans, health
insurers, and student health plans must provide a certificate of creditable coverage to each
covered person upon [
possible.
Section 19. Section 32A-12-505 is amended to read:
32A-12-505. Lawful transportation.
Nothing contained in [
carrier from:
(1) transporting alcoholic products in the course of export from the state; or
(2) transporting alcoholic products across any part of this state while in transit pursuant
to a bona fide consignment of the alcoholic products to a person outside of this state.
Section 20. Section 34A-2-103 is amended to read:
34A-2-103. Employers enumerated and defined -- Regularly employed -- Statutory
employers.
(1) (a) The state, and each county, city, town, and school district in the state are
considered employers under this chapter and Chapter 3, Utah Occupational Disease Act.
(b) For the purposes of the exclusive remedy in this chapter and Chapter 3, Utah
Occupational Disease Act prescribed in Sections 34A-2-105 and 34A-3-102 , the state is
considered to be a single employer and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, or other instrumentality of the state.
(2) Except as provided in Subsection (4), each person, including each public utility and
each independent contractor, who regularly employs one or more workers or operatives in the
same business, or in or about the same establishment, under any contract of hire, express or
implied, oral or written, is considered an employer under this chapter and Chapter 3, Utah
Occupational Disease Act. As used in this Subsection (2):
(a) "Independent contractor" means any person engaged in the performance of any work
for another who, while so engaged, is:
(i) independent of the employer in all that pertains to the execution of the work;
(ii) not subject to the routine rule or control of the employer;
(iii) engaged only in the performance of a definite job or piece of work; and
(iv) subordinate to the employer only in effecting a result in accordance with the
employer's design.
(b) "Regularly" includes all employments in the usual course of the trade, business,
profession, or occupation of the employer, whether continuous throughout the year or for only a
portion of the year.
(3) (a) The client company in an employee leasing arrangement under Title 58, Chapter
59, Professional Employer Organization [
of leased employees and shall secure workers' compensation benefits for them by complying with
Subsection 34A-2-201 (1) or (2) and commission rules.
(b) Insurance carriers may underwrite workers' compensation secured in accordance with
Subsection (3)(a) showing the leasing company as the named insured and each client company as
an additional insured by means of individual endorsements.
(c) Endorsements shall be filed with the division as directed by commission rule.
(d) The division shall promptly inform the Division of Occupation and Professional
Licensing within the Department of Commerce if the division has reason to believe that an
employee leasing company is not in compliance with Subsection 34A-2-201 (1) or (2) and
commission rules.
(4) A domestic employer who does not employ one employee or more than one employee
at least 40 hours per week is not considered an employer under this chapter and Chapter 3, Utah
Occupational Disease Act.
(5) (a) As used in this Subsection (5):
(i) (A) "agricultural employer" means a person who employs agricultural labor as defined
in Subsections 35A-4-206 (1) and (2) and does not include employment as provided in Subsection
35A-4-206 (3); and
(B) notwithstanding Subsection (5)(a)(i)(A), only for purposes of determining who is a
member of the employer's immediate family under Subsection (5)(a)(ii), if the agricultural
employer is a corporation, partnership, or other business entity, "agricultural employer" means an
officer, director, or partner of the business entity;
(ii) "employer's immediate family" means:
(A) an agricultural employer's:
(I) spouse;
(II) grandparent;
(III) parent;
(IV) sibling;
(V) child;
(VI) grandchild;
(VII) nephew; or
(VIII) niece;
(B) a spouse of any person provided in Subsection (5)(a)(ii)(A)(II) through (VIII); or
(C) an individual who is similar to those listed in Subsections (5)(a)(ii)(A) or (B) as
defined by rules of the commission; and
(iii) "nonimmediate family" means a person who is not a member of the employer's
immediate family.
(b) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
agricultural employer is not considered an employer of a member of the employer's immediate
family.
(c) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
agricultural employer is not considered an employer of a nonimmediate family employee if:
(i) for the previous calendar year the agricultural employer's total annual payroll for all
nonimmediate family employees was less than $8,000; or
(ii) (A) for the previous calendar year the agricultural employer's total annual payroll for
all nonimmediate family employees was equal to or greater than $8,000 but less than $50,000;
and
(B) the agricultural employer maintains insurance that covers job-related injuries of the
employer's nonimmediate family employees in at least the following amounts:
(I) $300,000 liability insurance, as defined in Section 31A-1-301 ; and
(II) $5,000 for health care benefits similar to benefits under health care insurance as
defined in Section 31A-1-301 .
(d) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
agricultural employer is considered an employer of a nonimmediate family employee if:
(i) for the previous calendar year the agricultural employer's total annual payroll for all
nonimmediate family employees is equal to or greater than $50,000; or
(ii) (A) for the previous year the agricultural employer's total payroll for nonimmediate
family employees was equal to or exceeds $8,000 but is less than $50,000; and
(B) the agricultural employer fails to maintain the insurance required under Subsection
(5)(c)(ii).
(6) An employer of agricultural laborers or domestic servants who is not considered an
employer under this chapter and Chapter 3, Utah Occupational Disease Act, may come under this
chapter and Chapter 3, Utah Occupational Disease Act, by complying with:
(a) this chapter and Chapter 3, Utah Occupational Disease Act; and
(b) the rules of the commission.
(7) (a) If any person who is an employer procures any work to be done wholly or in part
for the employer by a contractor over whose work the employer retains supervision or control,
and this work is a part or process in the trade or business of the employer, the contractor, all
persons employed by the contractor, all subcontractors under the contractor, and all persons
employed by any of these subcontractors, are considered employees of the original employer for
the purposes of this chapter and Chapter 3, Utah Occupational Disease Act.
(b) Any person who is engaged in constructing, improving, repairing, or remodelling a
residence that the person owns or is in the process of acquiring as the person's personal residence
may not be considered an employee or employer solely by operation of Subsection (7)(a).
(c) A partner in a partnership or an owner of a sole proprietorship may not be considered
an employee under Subsection (7)(a) if the employer who procures work to be done by the
partnership or sole proprietorship obtains and relies on either:
(i) a valid certification of the partnership's or sole proprietorship's compliance with
Section 34A-2-201 indicating that the partnership or sole proprietorship secured the payment of
workers' compensation benefits pursuant to Section 34A-2-201 ; or
(ii) if a partnership or sole proprietorship with no employees other than a partner of the
partnership or owner of the sole proprietorship, a workers' compensation policy issued by an
insurer pursuant to Subsection 31A-21-104 (8) stating that:
(A) the partnership or sole proprietorship is customarily engaged in an independently
established trade, occupation, profession, or business; and
(B) the partner or owner personally waives the partner's or owner's entitlement to the
benefits of this chapter and Chapter 3, Utah Occupational Disease Act, in the operation of the
partnership or sole proprietorship.
(d) A director or officer of a corporation may not be considered an employee under
Subsection (7)(a) if the director or officer is excluded from coverage under Subsection
34A-2-104 (4).
(e) A contractor or subcontractor is not an employee of the employer under Subsection
(7)(a), if the employer who procures work to be done by the contractor or subcontractor obtains
and relies on either:
(i) a valid certification of the contractor's or subcontractor's compliance with Section
34A-2-201 ; or
(ii) if a partnership, corporation, or sole proprietorship with no employees other than a
partner of the partnership, officer of the corporation, or owner of the sole proprietorship, a
workers' compensation policy issued by an insurer pursuant to Subsection 31A-21-104 (8) stating
that:
(A) the partnership, corporation, or sole proprietorship is customarily engaged in an
independently established trade, occupation, profession, or business; and
(B) the partner, corporate officer, or owner personally waives the partner's, corporate
officer's, or owner's entitlement to the benefits of this chapter and Chapter 3, Utah Occupational
Disease Act, in the operation of the partnership's, corporation's, or sole proprietorship's enterprise
under a contract of hire for services.
Section 21. Section 34A-2-105 is amended to read:
34A-2-105. Exclusive remedy against employer, and officer, agent, or employee of
employer -- Employee leasing arrangements.
(1) The right to recover compensation pursuant to this chapter for injuries sustained by
an employee, whether resulting in death or not, shall be the exclusive remedy against the
employer and shall be the exclusive remedy against any officer, agent, or employee of the
employer and the liabilities of the employer imposed by this chapter shall be in place of any and
all other civil liability whatsoever, at common law or otherwise, to the employee or to the
employee's spouse, widow, children, parents, dependents, next of kin, heirs, personal
representatives, guardian, or any other person whomsoever, on account of any accident or injury
or death, in any way contracted, sustained, aggravated, or incurred by the employee in the course
of or because of or arising out of the employee's employment, and no action at law may be
maintained against an employer or against any officer, agent, or employee of the employer based
upon any accident, injury, or death of an employee. Nothing in this section, however, shall
prevent an employee, or the employee's dependents, from filing a claim for compensation in
those cases in accordance with Chapter 3, Utah Occupational Disease Act.
(2) The exclusive remedy provisions of this section apply to both the client company and
the employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
Professional Employer Organization [
(3) (a) For purposes of this section:
(i) "Temporary employee" means an individual who for temporary work assignment is:
(A) an employee of a temporary staffing company; or
(B) registered by or otherwise associated with a temporary staffing company.
(ii) "Temporary staffing company" means a company that engages in the assignment of
individuals as temporary full-time or part-time employees to fill assignments with a finite ending
date to another independent entity.
(b) If the temporary staffing company secures the payment of workers' compensation in
accordance with Section 34A-2-201 for all temporary employees of the temporary staffing
company, the exclusive remedy provisions of this section apply to both the temporary staffing
company and the client company and its employees and provide the temporary staffing company
the same protection that a client company and its employees has under this section for the acts of
any of the temporary staffing company's temporary employees on assignment at the client
company worksite.
Section 22. Section 35A-3-608 is amended to read:
35A-3-608. Schedule of payments to be paid upon liability -- Establishment --
Cancellation.
(1) At any time, the department may:
(a) consistent with the income, earning capacity, and resources of the obligor, set or reset
the level and schedule of payments to be paid upon the liability; and
(b) at any time, cancel the schedule of payments and demand immediate payment in full.
(2) The department may recover an overpayment through deductions from cash
assistance or food stamps pursuant to Section [
Section 23. Section 38-1-27.2 is amended to read:
38-1-27.2. Notice to subcontractor.
(1) As used in this section, "project" means a project or improvement for which [
[
(2) If a subcontractor requests a notice described in this [
original contractor shall provide notice:
(a) to the subcontractor who requests the notice described in this [
section;
(b) within 14 calendar days after the day on which the subcontractor requests the notice
described in this [
(c) informing the subcontractor of each preliminary notice the original contractor has
received for the project.
Section 24. Section 41-1a-1314 is amended to read:
41-1a-1314. Unauthorized control for extended time.
(1) Except as provided in Subsection (3), it is a class A misdemeanor for a person to
exercise unauthorized control over a motor vehicle that is not his own, without the consent of the
owner or lawful custodian, and with the intent to temporarily deprive the owner or lawful
custodian of possession of the motor vehicle.
(2) The consent of the owner or legal custodian of a motor vehicle to its control by the
actor is not in any case presumed or implied because of the owner's or legal custodian's consent
on a previous occasion to the control of the motor vehicle by the same or a different person.
(3) Violation of this section is a third degree felony if:
(a) the person does not return the motor vehicle to the owner or lawful custodian within
24 hours after the exercise of unlawful control; or
(b) regardless of the mental state or conduct of the person committing the offense:
(i) the motor vehicle is damaged in an amount of $500 or more;
(ii) the motor vehicle is used to commit a felony; or
(iii) the motor vehicle is damaged in any amount to facilitate entry into it or its operation.
(4) It is not a defense to Subsection (3)(a) that someone other than the person, or an agent
of the person, returned the motor vehicle within 24 hours.
(5) A violation of this section is a lesser included offense of theft under Section
76-6-404 , when the theft is of an operable motor vehicle under Subsection 76-6-412 (1)(a)[
Section 25. Section 48-1-42 is amended to read:
48-1-42. Registration of limited liability partnerships.
(1) (a) A partnership shall register with the Division of Corporations and Commercial
Code by filing an application or a renewal statement:
(i) to become and to continue as a limited liability partnership; or
(ii) to do business in this state as a foreign limited liability partnership.
(b) The application or renewal statement shall include:
(i) the name of the limited liability partnership;
(ii) the address of its principal office;
(iii) if the principal office of the limited liability partnership is not located in this state,
the address of a registered office and the name and address of a registered agent for service of
process in this state;
(iv) the number of partners;
(v) a brief statement of the business in which the limited liability partnership engages;
(vi) a brief statement that the partnership is applying for, or seeking to renew its status as
a limited liability partnership; and
(vii) if a foreign limited liability partnership, an original certificate of fact or good
standing from the office of the [
authority of the state in which the limited liability partnership is formed.
(2) The application or renewal statement required by Subsection (1) shall be executed by
a majority in voting interest of the partners or by one or more partners authorized by the
partnership to execute an application or renewal statement.
(3) The application or renewal statement shall be accompanied by a filing fee established
under Section 63-38-3.2 .
(4) The division shall register as a limited liability partnership any partnership that
submits a completed application with the required fee.
(5) (a) The registration expires one year after the date an application is filed unless the
registration is voluntarily withdrawn by filing with the division a written withdrawal notice
executed by a majority in voting interest of the partners or by one or more partners authorized to
execute a withdrawal notice.
(b) Registration of a partnership as a limited liability partnership shall be renewed if no
earlier than 60 days before the date the registration expires and no later than the date of
expiration, the limited liability partnership files with the division a renewal statement.
(c) The division shall renew the registration as a limited liability partnership of any
limited liability partnership that timely submits a completed renewal statement with the required
fee.
(d) If a renewal statement is timely filed, the registration is effective for one year after the
date the registration would have expired but for the filing or the renewal statement.
(6) The status of a partnership as a limited liability partnership is not affected by changes
in the information stated in the application or renewal statement which take place after the filing
of an application or a renewal statement.
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division may issue rules providing for the form content and submittal of applications for
registration or of renewal statements.
Section 26. Section 48-2c-1604 is amended to read:
48-2c-1604. Application for authority to transact business.
(1) A foreign company may apply for authority to transact business in this state by
delivering to the division for filing an application for authority to transact business setting forth:
(a) its name and its assumed name, if any;
(b) the name of the state or country under whose law it is formed or organized;
(c) the nature of the business or purposes to be conducted or promoted in this state;
(d) its date of formation or organization and period of its duration;
(e) the street address of its principal office;
(f) the address of its registered office in this state and the name of its registered agent at
that office;
(g) the names and street addresses of its current managers, if it is a manager-managed
company, or of its members, if it is a member-managed company;
(h) the date it commenced or expects to commence transacting business in this state; and
(i) any additional information the division may determine is necessary or appropriate to
determine whether the application for authority to transact business should be filed.
(2) The foreign company shall deliver with the completed application for authority to
transact business a certificate of existence, or a document of similar import, duly authorized by
the [
or country under whose law it is formed or organized. The certificate of existence shall be dated
within 90 days prior to the filing of the application for authority to transact business by the
division.
(3) The foreign company shall include in the application for authority to transact
business, or in an accompanying document, the written consent to appointment by the designated
registered agent in this state.
Section 27. Section 48-2c-1612 is amended to read:
48-2c-1612. Grounds for revocation.
The division may commence a proceeding under Section 48-2c-1613 to revoke the
authority of a foreign company to transact business in this state if:
(1) the foreign company does not deliver its annual report to the division when it is due;
(2) the foreign company does not pay when they are due any taxes, fees, or penalties
imposed by this chapter or other applicable laws of this state;
(3) the foreign company is without a registered agent or registered office in this state;
(4) the foreign company does not inform the division under Section 48-2c-303 that its
registered agent or registered office has changed, that its registered agent has resigned, or that its
registered office has been discontinued;
(5) an organizer, member, manager, or agent of the foreign company signs a document
knowing it is false in any material respect with intent that the document be delivered to the
division for filing; or
(6) the division receives a duly authenticated certificate from the [
lieutenant governor or other official having custody of limited liability company records in the
state or country under whose law the foreign company is formed or organized stating that the
foreign company has dissolved or disappeared as the result of a merger.
Section 28. Section 49-12-202 is amended to read:
49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission
requirements -- Exceptions -- Nondiscrimination requirements.
(1) (a) Unless excluded under Subsection (2) or (3), an employer is a participating
employer and may not withdraw from participation in this system.
(b) In addition to their participation in this system, participating employers may provide
or participate in public or private retirement, supplemental or defined contribution plan, either
directly or indirectly, for their employees.
(2) An employer not initially admitted or included as a participating employer in this
system prior to January 1, 1982, may be excluded from participation in this system if:
(a) the employer elects not to provide or participate in any type of private or public
retirement, supplemental or defined contribution plan, either directly or indirectly, for its
employees, except for Social Security; or
(b) the employer offers another collectively bargained retirement benefit and has
continued to do so on an uninterrupted basis since that date.
(3) An employer that is a charter school sponsored by the State Board of Education or a
[
53A-1a-512 may be excluded as a participating employer.
(4) An employer who did not become a participating employer in this system prior to
July 1, 1986, may not participate in this system.
(5) If a participating employer purchases service credit on behalf of regular full-time
employees for service rendered prior to the participating employer's admission to this system, the
service credit shall be purchased in a nondiscriminatory manner on behalf of all current and
former regular full-time employees who were eligible for service credit at the time service was
rendered.
Section 29. Section 49-13-202 is amended to read:
49-13-202. Participation of employers -- Limitations -- Exclusions -- Admission
requirements -- Nondiscrimination requirements.
(1) (a) Unless excluded under Subsection (2) or (3), an employer is a participating
employer and may not withdraw from participation in this system.
(b) In addition to their participation in this system, participating employers may provide
or participate in any additional public or private retirement, supplemental or defined contribution
plan, either directly or indirectly, for their employees.
(2) An employer not initially admitted or included as a participating employer in this
system prior to January 1, 1982, may be excluded from participation in this system if:
(a) the employer elects not to provide or participate in any type of private or public
retirement, supplemental or defined contribution plan, either directly or indirectly, for its
employees, except for Social Security; or
(b) the employer offers another collectively bargained retirement benefit and has
continued to do so on an uninterrupted basis since that date.
(3) An employer that is a charter school sponsored by the State Board of Education or a
[
53A-1a-512 shall be excluded as a participating employer.
(4) If an employer, except an employer that maintains a collectively bargained plan under
Subsection (2)(b), elects at any time to provide or participate in any type of public or private
retirement, supplemental or defined contribution plan, either directly or indirectly, except for
Social Security, the employer shall be a participating employer in this system.
(5) (a) Any employer may by resolution of its governing body apply for admission to this
system.
(b) Upon approval of the board, the employer is a participating employer in this system
and is subject to this title.
(6) If a participating employer purchases service credit on behalf of regular full-time
employees for service rendered prior to the participating employer's admission to this system, the
service credit shall be purchased in a nondiscriminatory manner on behalf of all current and
former regular full-time employees who were eligible for service credit at the time service was
rendered.
Section 30. Section 51-5-4.5 is amended to read:
51-5-4.5. Housing Corporation exempt.
The Utah Housing Corporation [
exempt from this chapter.
Section 31. Section 51-7-2 is amended to read:
51-7-2. Exemptions from chapter.
The following funds are exempt from this chapter:
(1) funds invested in accordance with the participating employees' designation or
direction pursuant to a public employees' deferred compensation plan established and operated in
compliance with Section 457 of the Internal Revenue Code of 1954, as amended;
(2) funds of the Workers' Compensation Fund;
(3) funds of the Utah State Retirement Board; and
[
[
Section 32. Section 51-7-4 is amended to read:
51-7-4. Transfer of functions, powers, and duties relating to public funds to state
treasurer -- Exceptions -- Deposit of income from investment of state money.
(1) Unless otherwise required by the Utah Constitution or applicable federal law, the
functions, powers, and duties vested by law in each and every state officer, board, commission,
institution, department, division, agency, and other similar instrumentalities relating to the
deposit, investment, or reinvestment of public funds, and the purchase, sale, or exchange of any
investments or securities of or for any funds or accounts under the control and management of
these instrumentalities, are transferred to and shall be exercised by the state treasurer, except:
(a) funds assigned to the Utah State Retirement Board for investment under Section
49-11-302 ;
(b) funds of member institutions of the state system of higher education:
(i) acquired by gift, devise, or bequest, or by federal or private contract or grant;
(ii) derived from student fees or from income from operations of auxiliary enterprises,
which fees and income are pledged or otherwise dedicated to the payment of interest and
principal of bonds issued by such institutions; and
(iii) any other funds which are not included in the institution's work program as approved
by the State Board of Regents;
[
[
Programs for Prisoners;
[
[
[
(2) All public funds held or administered by the state or any of its boards, commissions,
institutions, departments, divisions, agencies, or similar instrumentalities and not transferred to
the state treasurer as provided by this section shall be:
(a) deposited and invested by the custodian in accordance with this chapter, unless
otherwise required by statute or by applicable federal law; and
(b) reported to the state treasurer in a form prescribed by the state treasurer.
(3) Unless otherwise provided by the constitution or laws of this state or by contractual
obligation, the income derived from the investment of state money by the state treasurer shall be
deposited in and become part of the General Fund.
Section 33. Section 53-2-107 is amended to read:
53-2-107. Search and Rescue Financial Assistance Program -- Uses -- Rulemaking
-- Distribution.
(1) "Reimbursable expenses," as used in this section, means those reasonable costs
incidental to search and rescue activities, not including any salary or overtime paid to any person
on a regular or permanent payroll, including permanent part-time employees, of any agency or
political subdivision of the state, including:
(a) rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
(b) replacement and upgrade of search and rescue equipment;
(c) training of search and rescue volunteers; and
(d) any other equipment or expenses necessary or appropriate for conducting search and
rescue activities.
(2) There is created the Search and Rescue Financial Assistance Program within the
division.
(3) (a) The program shall be funded from the following revenue sources:
(i) any voluntary contributions to the state received for search and rescue operations;
(ii) monies received by the state under Section 23-19-42 and Section 41-22-34 ; and
(iii) appropriations made to the program by the Legislature.
(b) All funding for the program shall be nonlapsing.
(4) The director shall use the monies to reimburse counties for all or a portion of each
county's reimbursable expenses for search and rescue operations subject to:
(a) the approval of the Search and Rescue Advisory Board as provided in Section
[
(b) monies available in the program; and
(c) rules made under Subsection (7).
(5) Program monies may not be used to reimburse for any paid personnel costs or paid
man hours spent in emergency response and search and rescue related activities.
(6) The Legislature finds that these funds are for a general and statewide public purpose.
(7) The division, with the approval of the Search and Rescue Advisory Board, shall make
rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, consistent
with this act, establishing:
(a) the costs that qualify as reimbursable expenses;
(b) the procedures of agencies to submit expenses and be reimbursed; and
(c) a formula to govern the distribution of available monies between counties based on:
(i) the total qualifying expenses submitted;
(ii) the number of search and rescue incidents per county population;
(iii) the number of victims that reside outside the county; and
(iv) the number of volunteer hours spent in each county in emergency response and
search and rescue related activities per county population.
Section 34. Section 53A-17a-112 is amended to read:
53A-17a-112. Preschool special education appropriation -- Extended year program
appropriation -- Appropriation for special education programs in state institutions.
(1) (a) Money appropriated to the State Board of Education for the preschool special
education program in Section 53A-17a-104 shall be allocated to school districts to provide a free,
appropriate public education to preschool students with a disability, ages three through five.
(b) The monies shall be distributed on the basis of a school district's previous year
December 1 disabled preschool child count as mandated by federal law.
[
disabled in Section 53A-17a-104 shall be limited to students with severe disabilities with
education program goals identifying significant regression and recoupment disability as approved
by the State Board of Education.
[
special education programs may not be used to supplement other school programs.
(b) Monies in any of the other restricted line item appropriations may not be reduced
more than 2% to be used for purposes other than those specified by the appropriation, unless
otherwise provided by law.
[
1.47 times the current December 1 child count of eligible preschool aged three, four, and
five-year-olds times the WPU value, limited to 8% growth over the prior year December 1 count.
(b) The board shall develop guidelines to implement the funding formula for preschool
special education, and establish prevalence limits for distribution of the monies.
Section 35. Section 58-1-307 is amended to read:
58-1-307. Exemptions from licensure.
(1) Except as otherwise provided by statute or rule, the following persons may engage in
the practice of their occupation or profession, subject to the stated circumstances and limitations,
without being licensed under this title:
(a) a person serving in the armed forces of the United States, the United States Public
Health Service, the United States Department of Veterans Affairs, or other federal agencies while
engaged in activities regulated under this chapter as a part of employment with that federal
agency if the person holds a valid license to practice a regulated occupation or profession issued
by any other state or jurisdiction recognized by the division;
(b) a student engaged in activities constituting the practice of a regulated occupation or
profession while in training in a recognized school approved by the division to the extent the
activities are supervised by qualified faculty, staff, or designee and the activities are a defined
part of the training program;
(c) an individual engaged in an internship, residency, preceptorship, postceptorship,
fellowship, apprenticeship, or on-the-job training program approved by the division while under
the supervision of qualified persons;
(d) an individual residing in another state and licensed to practice a regulated occupation
or profession in that state, who is called in for a consultation by an individual licensed in this
state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, society, or other
body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
regulated occupation or profession if the individual does not establish a place of business or
regularly engage in the practice of the regulated occupation or profession in this state;
(f) an individual licensed under the laws of this state, other than under this title, to
practice or engage in an occupation or profession, while engaged in the lawful, professional, and
competent practice of that occupation or profession;
(g) an individual licensed in a health care profession in another state who performs that
profession while attending to the immediate needs of a patient for a reasonable period during
which the patient is being transported from outside of this state, into this state, or through this
state;
(h) an individual licensed in another state or country who is in this state temporarily to
attend to the needs of an athletic team or group, except that the practitioner may only attend to
the needs of the athletic team or group, including all individuals who travel with the team or
group in any capacity except as a spectator;
(i) an individual licensed and in good standing in another state, who is in this state:
(i) temporarily, under the invitation and control of a sponsoring entity;
(ii) for a reason associated with a special purpose event, based upon needs that may
exceed the ability of this state to address through its licensees, as determined by the division; and
(iii) for a limited period of time not to exceed the duration of that event, together with
any necessary preparatory and conclusionary periods;
(j) an individual who:
(i) is certified as an athletic trainer by the National Athletic Trainers Association Board
of Certification or another entity approved by the division;
(ii) is employed or officially associated with an educational institution, a professional
sports organization, or a bona fide amateur sports organization; and
(iii) only provides athletic training services:
(A) to athletes of the educational institution or sports organization to which the
individual is employed or officially associated;
(B) at an official athletic training, practice, or competition site; and
(C) that are within the scope of the individual's certification; and
(k) a law enforcement officer, as defined under Section 53-13-103 , who:
(i) is operating a voice stress analyzer in the course of the officer's full-time employment
with a federal, state, or local law enforcement agency;
(ii) has completed the manufacturer's training course and is certified by the manufacturer
to operate that voice stress analyzer; and
(iii) is operating the voice stress analyzer in accordance with Section 58-64-601 ,
regarding deception detection instruments.
(2) A practitioner temporarily in this state who is exempted from licensure under
Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
practitioner derives authority to practice. Violation of any limitation imposed by this section
constitutes grounds for removal of exempt status, denial of license, or other disciplinary
proceedings.
(3) An individual who is licensed under a specific chapter of this title to practice or
engage in an occupation or profession may engage in the lawful, professional, and competent
practice of that occupation or profession without additional licensure under other chapters of this
title, except as otherwise provided by this title.
(4) Upon the declaration of a national, state, or local emergency, a public health
emergency as defined in Section 26-23b-102 , or a declaration by the President of the United
States or other federal official requesting public health-related activities, the division in
collaboration with the board may:
(a) suspend the requirements for permanent or temporary licensure of persons who are
licensed in another state. Persons exempt under this Subsection (4)(a) shall be exempt from
licensure for the duration of the emergency while engaged in the scope of practice for which they
are licensed in the other state;
(b) modify, under the circumstances described in this Subsection (4) and Subsection (5),
the scope of practice restrictions under this title for persons who are licensed under this title as:
(i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
Osteopathic Medical Practice Act;
(ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
Compact;
(iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
(iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b, Pharmacy
Practice Act;
(v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act; and
(vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
Practice Act;
(c) suspend the requirements for licensure under this title and modify the scope of
practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
services personnel or paramedics required to be certified under Section 26-8a-302 ; and
(d) suspend requirements in Subsections 58-17b-620 (3) through (6) which require certain
prescriptive procedures.
(5) Persons exempt under Subsection (4)(c) and persons operating under modified scope
of practice provisions under Subsection (4)(b):
(a) shall be exempt from licensure or subject to modified scope of practice for the
duration of the emergency;
(b) must be engaged in the distribution of medicines or medical [
response to the emergency or declaration; and
(c) must be employed by or volunteering for a local or state department of health.
Section 36. Section 58-16a-501 is amended to read:
58-16a-501. Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 58-1-501 :
(1) buying, selling, or fraudulently obtaining, any optometry diploma, license, certificate,
or registration;
(2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
diploma, license, certificate, or registration;
(3) selling or providing contact lenses in a manner inconsistent with Section 58-16a-801
or intentionally altering a prescription unless the person selling or providing the lenses is a
licensed optometrist or ophthalmologist; or
(4) representing oneself as or using the title of "optometrist," "optometric physician,"
"doctor of optometry," or "O.D.," unless currently licensed under this chapter.
Section 37. Section 58-17b-309 is amended to read:
58-17b-309. Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307 , the following
individuals may engage in the acts or practices described in this Subsection (1) without being
licensed under this chapter:
(a) a person selling or providing contact lenses in accordance with Section 58-16a-801 ;
and
(b) an individual engaging in the practice of pharmacy technician under the direct
personal supervision of a pharmacist while making satisfactory progress in an approved program
as defined in division rule.
(2) In accordance with Subsection 58-1-303 (1)(a), an individual exempt under
Subsection (1)(b) must take all examinations as required by division rule following completion
of an approved curriculum of education, within the required time frame. This exemption expires
immediately upon notification of a failing score of an examination, and the individual may not
continue working as a pharmacy technician even under direct supervision.
Section 38. Section 58-31d-103 is amended to read:
58-31d-103. Rulemaking authority -- Enabling provisions.
(1) The division may adopt rules necessary to implement Section 58-31d-102 .
(2) As used in Article VIII (1) of the Advanced Practice Registered Nurse Compact,
"head of the licensing board" means the executive administrator of the Utah Board of Nursing.
(3) For purposes of the Advanced Practice Registered Nurse Compact, "APRN" as
defined in Article II (1) of the compact includes an individual who is licensed to practice under
Subsection [
(4) An APRN practicing in this state under a multistate licensure privilege may only be
granted prescriptive authority if that individual can document completion of graduate level
course work in the following areas:
(a) advanced health assessment;
(b) pharmacotherapeutics; and
(c) diagnosis and treatment.
(5) (a) An APRN practicing in this state under a multistate privilege who seeks to obtain
prescriptive authority must:
(i) meet all the requirements of Subsection (4) and this Subsection (5); and
(ii) be placed on a registry with the division.
(b) To be placed on a registry under Subsection (5)(a)(ii), an APRN must:
(i) submit a form prescribed by the division;
(ii) pay a fee; and
(iii) if prescribing a controlled substance:
(A) obtain a controlled substance license as required under Section 58-37-6 ; and
(B) if prescribing a Schedule II or III controlled substance, have a consultation and
referral plan with a physician licensed in Utah as required under Subsection
58-31b-102 [
Section 39. Section 58-42a-102 is amended to read:
58-42a-102. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) "Assessment" means the use of skilled observation or evaluation by administering
and interpreting standardized or nonstandardized tests and measurements to identify areas for
occupational therapy services.
(2) "Board" means the Occupational Therapy Board created in Section 58-42a-201 .
(3) "Certified occupational therapy assistant" or "COTA" means a person certified as a
certified occupational therapy assistant by the [
Occupational Therapy [
(4) "Individual treatment plan" includes:
(a) planning and directing specific exercises and programs to improve sensory integration
and motor functioning at the level of performance neurologically appropriate for the individual's
stage of development;
(b) establishing a program of instruction to teach a patient in skills, behaviors, and
attitudes necessary for the patient's independent productive, emotional, and social functioning;
(c) analyzing, selecting, and adapting functional exercises to achieve and maintain the
patient's optimal functioning in daily living tasks and to prevent further disability; and
(d) planning and directing specific programs to evaluate and enhance perceptual, motor,
and cognitive skills.
(5) "Occupational therapist" or "OT" means a person licensed in the state to practice
occupational therapy.
(6) "Occupational therapist registered" or "OTR" means a person certified as an
occupational therapist registered by the [
Occupational Therapy [
(7) "Occupational therapy" means the use of purposeful activity or occupational therapy
interventions to develop or restore the highest possible level of independence of an individual
who is limited by a physical injury or illness, a dysfunctional condition, a cognitive impairment,
a psychosocial dysfunction, a mental illness, a developmental or learning disability, or an adverse
environmental condition.
(8) "Occupational therapy assistant" or "OTA" means a person licensed in the state to
practice occupational therapy under the supervision of an occupational therapist as set forth in
Section 58-42a-306 .
(9) "Occupational therapy services" include:
(a) assessing, treating, educating, or consulting with an individual, family, or other
persons;
(b) developing, improving, or restoring an individual's daily living skills, work readiness,
work performance, play skills, or leisure capacities, or enhancing an individual's educational
performance skills;
(c) developing, improving, or restoring an individual's sensory-motor, oral-motor,
perceptual, or neuromuscular functioning, or the individual's range of motion;
(d) developing, improving, or restoring the individual's emotional, motivational,
cognitive, or psychosocial components of performance;
(e) assessing the need for and recommending, developing, adapting, designing, or
fabricating splints or assistive technology devices for individuals;
(f) training individuals in the use of rehabilitative or assistive technology devices such as
selected orthotic or prosthetic devices;
(g) applying physical agent modalities as an adjunct to or in preparation for purposeful
activity;
(h) applying the use of ergonomic principles; and
(i) adapting or modifying environments and processes to enhance or promote the
functional performance, health, and wellness of individuals.
(10) "Practice of occupational therapy" means rendering or offering to render
occupational therapy services to individuals, groups, agencies, organizations, industries, or the
public.
(11) "Unprofessional conduct" is as defined in Section 58-42a-501 .
Section 40. Section 61-6-5 is amended to read:
61-6-5. Issuing public corporation defined.
(1) As used in this chapter, "issuing public corporation" means a corporation, other than
a depository institution, that is organized under the laws of this state and that has:
(a) 100 or more shareholders;
(b) its principal place of business, its principal office, or substantial assets within the
state; and
(c) (i) more than 10% of its shareholders resident in the state;
(ii) more than 10% of its shares owned by Utah residents; or
(iii) 10,000 shareholders resident in the state.
(2) The residence of a shareholder is presumed to be the address appearing in the records
of the corporation.
(3) Shares held by banks or other depository institutions (except as trustee or guardian),
brokers, or nominees shall be disregarded for purposes of calculating the percentages or numbers
described in this section.
(4) As used in this chapter, "depository institution" means a depository institution or a
depository institution holding company as defined in Section 7-1-103 .
Section 41. Section 62A-3-104.1 is amended to read:
62A-3-104.1. Powers and duties of area agencies.
(1) An area agency that provides services to the aged, high risk adults, or both shall
within its respective jurisdiction:
(a) advocate by monitoring, evaluating, and providing input on all policies, programs,
hearings, and levies that affect those persons;
(b) design and implement a comprehensive and coordinated system of services within a
designated planning and service area;
(c) conduct periodic reviews and evaluations of needs and services;
(d) prepare and submit to the division plans for funding and service delivery for services
within the designated planning and service area;
(e) establish, either directly or by contract, programs licensed under Chapter 2 [
(f) appoint an area director, prescribe his duties, and provide adequate and qualified staff
to carry out the area plan described in Subsection (1)(d);
(g) establish rules not contrary to policies of the board and rules of the division,
regulating local services and facilities;
(h) operate other services and programs funded by sources other than those administered
by the division;
(i) establish mechanisms to provide direct citizen input, including an area agency
advisory council with a majority of members who are eligible for services from the area agency;
(j) establish fee schedules; and
(k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, and with the requirements and procedures of Title 51, Chapter [
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act.
(2) Before disbursing any public funds, an area agency shall require that all entities
receiving any public funds agree in writing that:
(a) the division may examine the entity's program and financial records; and
(b) the auditor of the local area agency may examine and audit the entity's program and
financial records, if requested by the local area agency.
(3) Local area agencies may receive property, grants, gifts, supplies, materials, including
any benefit derived therefrom, and contributions for the purpose of providing services pursuant to
this part. If those gifts are conditioned upon their use for a specified service or program, they
shall be so used.
(4) (a) Area agencies shall award all public funds in compliance with the requirements of
Title 63, Chapter 56, Utah Procurement Code, or with a county procurement ordinance that
requires similar procurement procedures.
(b) If all initial bids on a project are rejected, the area agency shall publish a new
invitation to bid. If no satisfactory bid is received by the area agency when the bids received
from the second invitation are opened, the area agency may execute a contract without requiring
competitive bidding.
(c) An area agency need not comply with the procurement provisions of this section
when it disburses public funds to other governmental entities. For purposes of this Subsection
(4)(c), "governmental entity" means any political subdivision or institution of higher education of
the state.
(d) Contracts awarded by an area agency shall be for a fixed amount and limited period.
Contracts may be modified due to changes in available funding for the same contract purpose
without competition.
(5) Local area agencies shall comply with all applicable state and federal statutes,
policies, audit requirements, and any directives resulting from those audits.
Section 42. Section 62A-4a-209 is amended to read:
62A-4a-209. Emergency kinship placement.
(1) The division may use an emergency kinship placement under Subsection
62A-4a-202.1 [
(a) the case worker has made the determination that:
(i) the child's home is unsafe;
(ii) removal is necessary under the provisions of Section 62A-4a-202.1 ; and
(iii) the child's custodial parent or guardian will agree to not remove the child from the
relative's home who serves as the kinship placement and not have any contact with the child until
after the shelter hearing required by Section 78-3a-306 ;
(b) a relative, with preference being given to a noncustodial parent in accordance with
Section 78-3a-307 , can be identified who has the ability and is willing to provide care for the
child who would otherwise be placed in shelter care, including:
(i) taking the child to medical, mental health, dental, and educational appointments at the
request of the division; and
(ii) the relative has the ability to make the child available to division services and the
guardian ad litem; and
(c) the relative agrees to care for the child on an emergency basis under the following
conditions:
(i) the relative meets the criteria for an emergency kinship placement under Subsection
(2);
(ii) the relative agrees to not allow the custodial parent or guardian to have any contact
with the child until after the shelter hearing unless authorized by the division in writing;
(iii) the relative agrees to contact law enforcement and the division if the custodial parent
or guardian attempts to make unauthorized contact with the child;
(iv) the relative agrees to allow the division and the child's guardian ad litem to have
access to the child;
(v) the relative has been informed and understands that the division may continue to
search for other possible kinship placements for long-term care, if needed;
(vi) the relative is willing to assist the custodial parent or guardian in reunification
efforts at the request of the division, and to follow all court orders; and
(vii) the child is comfortable with the relative.
(2) Before the division places a child in an emergency kinship placement, the division
must:
(a) request the name of a reference and when possible, contact the reference and
determine the answer to the following questions:
(i) would the person identified as a reference place a child in the home of the emergency
kinship placement; and
(ii) are there any other relatives to consider as a possible emergency or long-term
placement for the child;
(b) have the custodial parent or guardian sign an emergency kinship placement
agreement form during the investigation;
(c) complete a criminal background check described in Sections 62A-4a-202.4 and
78-3a-307.1 on all persons living in the relative's household;
(d) complete a home inspection of the relative's home; and
(e) have the emergency kinship placement approved by a family service specialist.
(3) As soon as possible after the emergency placement and prior to the shelter hearing
required by Section 78-3a-306 , the division shall convene a family unity meeting.
(4) After an emergency kinship placement, the division caseworker must:
(a) respond to the emergency kinship placement's calls within one hour if the custodial
parents or guardians attempt to make unauthorized contact with the child or attempt to remove
the child;
(b) complete all removal paperwork, including the notice provided to the custodial
parents and guardians under Section 78-3a-306 ;
(c) contact the attorney general to schedule a shelter hearing;
(d) complete the kinship procedures required in Section 78-3a-307 , including, within five
days after placement, the criminal history record check described in Subsection (5); and
(e) continue to search for other relatives as a possible long-term placement, if needed.
(5) (a) In order to determine the suitability of the kinship placement and to conduct a
background screening and investigation of individuals living in the household in which a child is
placed, each individual living in the household in which the child is placed who has not lived in
the state substantially year round for the most recent five consecutive years ending on the date the
investigation is commenced shall be fingerprinted. If no disqualifying record is identified at the
state level, the fingerprints shall be forwarded by the division to the Federal Bureau of
Investigation for a national criminal history record check.
(b) The cost of those investigations shall be borne by whomever received placement of
the child, except that the division may pay all or part of the cost of those investigations if the
person with whom the child is placed is unable to pay.
Section 43. Section 62A-15-108 is amended to read:
62A-15-108. Formula for allocation of funds to local substance abuse authorities
and local mental health authorities.
(1) The board shall establish, by rule, formulas for allocating funds to local substance
abuse authorities and local mental health authorities through contracts, to provide substance
abuse prevention and treatment services in accordance with the provisions of this chapter and
Title [
services in accordance with the provisions of this chapter and Title [
Part [
based on need. Determination of need shall be based on population unless the board establishes,
by valid and accepted data, that other defined factors are relevant and reliable indicators of need.
The formulas shall include a differential to compensate for additional costs of providing services
in rural areas.
(2) The formulas established under Subsection (1) apply to all state and federal funds
appropriated by the Legislature to the division for local substance abuse authorities and local
mental health authorities, but does not apply to:
(a) funds that local substance abuse authorities and local mental health authorities
receive from sources other than the division;
(b) funds that local substance abuse authorities and local mental health authorities
receive from the division to operate specific programs within their jurisdictions which are
available to all residents of the state;
(c) funds that local substance abuse authorities and local mental health authorities
receive from the division to meet needs that exist only within their local areas; and
(d) funds that local substance abuse authorities and local mental health authorities
receive from the division for research projects.
Section 44. Section 62A-15-110 is amended to read:
62A-15-110. Contracts for substance abuse and mental health services -- Provisions
-- Responsibilities.
(1) If the division contracts with a local substance abuse authority or a local mental
health authority to provide substance abuse or mental health programs and services in accordance
with the [
Local Substance Abuse Authorities, or Title [
Health Authorities, it shall ensure that those contracts include at least the following provisions:
(a) that an independent auditor shall conduct any audit of the local substance abuse
authority or its contract provider's programs or services and any audit of the local mental health
authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
Chapter [
Organizations, and Other Local Entities Act;
(b) in addition to the requirements described in Title 51, Chapter [
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act, the division:
(i) shall prescribe guidelines and procedures, in accordance with those formulated by the
state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of officers,
directors, and specified employees of the private contract provider, to assure the state that no
personal benefit is gained from travel or other expenses; and
(ii) may prescribe specific items to be addressed by that audit, depending upon the
particular needs or concerns relating to the local substance abuse authority, local mental health
authority, or contract provider at issue;
(c) the local substance abuse authority or its contract provider and the local mental health
authority and its contract provider shall invite and include all funding partners in its auditor's pre-
and exit conferences;
(d) each member of the local substance abuse authority and each member of the local
mental health authority shall annually certify that he has received and reviewed the independent
audit and has participated in a formal interview with the provider's executive officers;
(e) requested information and outcome data will be provided to the division in the
manner and within the time lines defined by the division; and
(f) all audit reports by state or county persons or entities concerning the local substance
abuse authority or its contract provider, or the local mental health authority or its contract
provider shall be provided to the executive director of the department, the local substance abuse
authority or local mental health authority, and members of the contract provider's governing
board.
(2) Each contract between the division and a local substance abuse authority or a local
mental health authority shall authorize the division to withhold funds, otherwise allocated under
Section 62A-15-108 , to cover the costs of audits, attorney fees, and other expenditures associated
with reviewing the expenditure of public funds by a local substance abuse authority or its
contract provider or a local mental health authority or its contract provider, if there has been an
audit finding or judicial determination that public funds have been misused by the local
substance abuse authority or its contract provider or the local mental health authority or its
contract provider.
Section 45. Section 62A-15-713 is amended to read:
62A-15-713. Contracts with local mental health authorities -- Provisions.
When the division contracts with a local mental health authority to provide mental health
programs and services in accordance with the [
[
contracts include at least the following provisions:
(1) that an independent auditor shall conduct any audit of the local mental health
authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
Chapter [
Organizations, and Other Local Entities Act;
(2) in addition to the requirements described in Title 51, Chapter [
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act, the division:
(a) shall prescribe guidelines and procedures, in accordance with those formulated by the
state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of officers,
directors, and specified employees of the private contract provider, to assure the state that no
personal benefit is gained from travel or other expenses; and
(b) may prescribe specific items to be addressed by that audit, depending upon the
particular needs or concerns relating to the local mental health authority or contract provider at
issue;
(3) the local mental health authority or its contract provider shall invite and include all
funding partners in its auditor's pre- and exit conferences;
(4) each member of the local mental health authority shall annually certify that he has
received and reviewed the independent audit and has participated in a formal interview with the
provider's executive officers;
(5) requested information and outcome data will be provided to the division in the
manner and within the timelines defined by the division;
(6) all audit reports by state or county persons or entities concerning the local mental
health authority or its contract provider shall be provided to the executive director of the
department, the local mental health authority, and members of the contract provider's governing
board; and
(7) the local mental health authority or its contract provider will offer and provide mental
health services to residents who are indigent and who meet state criteria for serious and persistent
mental illness or severe emotional disturbance.
Section 46. Section 63-2-204 is amended to read:
63-2-204. Requests -- Time limit for response and extraordinary circumstances.
(1) A person making a request for a record shall furnish the governmental entity with a
written request containing his name, mailing address, daytime telephone number, if available,
and a description of the records requested that identifies the record with reasonable specificity.
(2) A governmental entity may make rules in accordance with Title 63, Chapter 46a,
Utah Administrative Rulemaking Act, specifying where and to whom requests for access shall be
directed.
(3) (a) As soon as reasonably possible, but no later than ten business days after receiving
a written request, or five business days after receiving a written request if the requester
demonstrates that expedited response to the record request benefits the public rather than the
person, the governmental entity shall respond to the request by:
(i) approving the request and providing the record;
(ii) denying the request;
(iii) notifying the requester that it does not maintain the record and providing, if known,
the name and address of the governmental entity that does maintain the record; or
(iv) notifying the requester that because of one of the extraordinary circumstances listed
in Subsection (4), it cannot immediately approve or deny the request[
describe the circumstances relied upon and specify the date when the records will be available.
(b) Any person who requests a record to obtain information for a story or report for
publication or broadcast to the general public is presumed to be acting to benefit the public rather
than a person.
(4) The following circumstances constitute "extraordinary circumstances" that allow a
governmental entity to delay approval or denial by an additional period of time as specified in
Subsection [
circumstances it cannot respond within the time limits provided in Subsection (3):
(a) another governmental entity is using the record, in which case the originating
governmental entity shall promptly request that the governmental entity currently in possession
return the record;
(b) another governmental entity is using the record as part of an audit, and returning the
record before the completion of the audit would impair the conduct of the audit;
(c) the request is for a voluminous quantity of records;
(d) the governmental entity is currently processing a large number of records requests;
(e) the request requires the governmental entity to review a large number of records to
locate the records requested;
(f) the decision to release a record involves legal issues that require the governmental
entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case law;
(g) segregating information that the requester is entitled to inspect from information that
the requester is not entitled to inspect requires extensive editing; or
(h) segregating information that the requester is entitled to inspect from information that
the requester is not entitled to inspect requires computer programming.
(5) If one of the extraordinary circumstances listed in Subsection (4) precludes approval
or denial within the time specified in Subsection (3), the following time limits apply to the
extraordinary circumstances:
(a) for claims under Subsection (4)(a), the governmental entity currently in possession of
the record shall return the record to the originating entity within five business days of the request
for the return unless returning the record would impair the holder's work;
(b) for claims under Subsection (4)(b), the originating governmental entity shall notify
the requester when the record is available for inspection and copying;
(c) for claims under Subsections (4)(c), (d), and (e), the governmental entity shall:
(i) disclose the records that it has located which the requester is entitled to inspect;
(ii) provide the requester with an estimate of the amount of time it will take to finish the
work required to respond to the request; and
(iii) complete the work and disclose those records that the requester is entitled to inspect
as soon as reasonably possible;
(d) for claims under Subsection (4)(f), the governmental entity shall either approve or
deny the request within five business days after the response time specified for the original
request has expired;
(e) for claims under Subsection (4)(g), the governmental entity shall fulfill the request
within 15 business days from the date of the original request; or
(f) for claims under Subsection (4)(h), the governmental entity shall complete its
programming and disclose the requested records as soon as reasonably possible.
(6) (a) If a request for access is submitted to an office of a governmental entity other than
that specified by rule in accordance with Subsection (2), the office shall promptly forward the
request to the appropriate office.
(b) If the request is forwarded promptly, the time limit for response begins when the
record is received by the office specified by rule.
(7) If the governmental entity fails to provide the requested records or issue a denial
within the specified time period, that failure is considered the equivalent of a determination
denying access to the records.
Section 47. Section 63-5b-102 is amended to read:
63-5b-102. Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone,
radio, or telecommunications.
(2) "Attack" means a nuclear, conventional, biological, or chemical warfare action
against the United States of America or this state.
(3) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of
Commerce, the Department of Community and Economic Development, the Department of
Corrections, the Department of Environmental Quality, the Department of Financial Institutions,
the Department of Health, the Department of Human Resource Management, the Department of
Workforce Services, the Labor Commission, the National Guard, the Department of Insurance,
the Department of Natural Resources, the Department of Public Safety, the Public Service
Commission, the Department of Human Services, the State Tax Commission, the Department of
Transportation, any other major administrative subdivisions of state government, the State Board
of Education, the State Board of Regents, the Utah Housing Corporation, [
institution of higher education within the system of higher education.
(4) "Disaster" means a situation causing, or threatening to cause, widespread damage,
social disruption, or injury or loss of life or property resulting from attack, internal disturbance,
natural phenomenon, or technological hazard.
(5) "Division" means the Division of Emergency Services and Homeland Security
established in Title 53, Chapter 2, Emergency [
Management.
(6) "Emergency interim successor" means a person designated by this chapter to exercise
the powers and discharge the duties of an office when the person legally exercising the powers
and duties of the office is unavailable.
(7) "Executive director" means the person with ultimate responsibility for managing and
overseeing the operations of each department, however denominated.
(8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
(9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,
avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
(10) (a) "Office" includes all state and local offices, the powers and duties of which are
defined by constitution, statutes, charters, optional plans, ordinances, articles, or bylaws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(11) "Place of governance" means the physical location where the powers of an office are
being exercised.
(12) "Political subdivision" includes counties, cities, towns, townships, districts,
authorities, and other public corporations and entities whether organized and existing under
charter or general law.
(13) "Political subdivision officer" means a person holding an office in a political
subdivision.
(14) "State officer" means the attorney general, the state treasurer, the state auditor, and
the executive director of each department.
(15) "Technological hazard" means any hazardous materials accident, mine accident,
train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(16) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal
governmental operations, whether or not that absence or inability would give rise to a vacancy
under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Section 48. Section 63-34-14 is amended to read:
63-34-14. Species Protection Account.
(1) As used in this section, "species protection" means an action to protect any plant or
animal species identified as sensitive by the state or as threatened or endangered under the
Endangered Species Act of 1973, 16 U.S.C. [
(2) There is created within the General Fund a restricted account known as the Species
Protection Account.
(3) The account shall consist of:
(a) revenue generated by the brine shrimp tax provided for in Title 59, Chapter 23, Brine
Shrimp Royalty Act; and
(b) interest earned on monies in the account.
(4) Monies in the account may be appropriated by the Legislature for the following
purposes:
(a) to develop and implement species status assessments and species protection
measures;
(b) to obtain biological opinions of proposed species protection measures;
(c) to conduct studies, investigations, and research into the effects of proposed species
protection measures;
(d) to verify species protection proposals that are not based on valid biological data;
(e) for Great Salt Lake wetlands mitigation projects in connection with the western
transportation corridor;
(f) to pay for the state's voluntary contributions to the Utah Reclamation Mitigation and
Conservation Account under the Central Utah Project Completion Act, Pub. L. No. 102-575,
Titles II-VI, 106 Stat. 4605-4655; and
(g) to pay for expenses of the State Tax Commission under Title 59, Chapter 23, Brine
Shrimp Royalty Act.
(5) The purposes specified in Subsections (4)(a) through (4)(d) may be accomplished by
the state or, in an appropriation act, the Legislature may authorize the Department of Natural
Resources to award grants to political subdivisions of the state to accomplish those purposes.
(6) Monies in the account may not be used to develop or implement a habitat
conservation plan required under federal law unless the federal government pays for at least 1/3
of the habitat conservation plan costs.
Section 49. Section 63-38-8.1 is amended to read:
63-38-8.1. Nonlapsing authority.
(1) As used in this section:
(a) (i) "Agency" means each department, commission, board, council, agency, institution,
officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
panel, or other administrative unit of the state.
(ii) "Agency" does not include those entities whose unappropriated and unencumbered
balances are made nonlapsing by the operation of Subsection 63-38-8 (2).
(b) "Appropriation balance" means the unexpended and unencumbered balance of a line
item appropriation made by the Legislature to an agency that exists at the end of a fiscal year.
(c) "Nonlapsing" means that an agency's appropriation balance is not closed out to the
appropriate fund at the end of a fiscal year as required by Section 63-38-8 .
(d) "One-time project" means a project or program that can be completed with the
appropriation balance and includes such items as employee incentive awards and bonuses,
purchase of equipment, and one-time training.
(e) "One-time [
(i) a prioritized list of one-time projects, upon which an agency would like to spend any
appropriation balance; and
(ii) for each project, the maximum amount the agency is estimating for the project.
(f) "Program" means a service provided by an agency to members of the public, other
agencies, or to employees of the agency.
(2) Notwithstanding the requirements of Section 63-38-8 , an agency may:
(a) by following the procedures and requirements of this section, retain and expend any
appropriation balance; and
(b) comply with the requirements of Subsections 63-9-67 (2) and 63-38-18 (2).
(3) (a) Each agency that wishes to preserve any part or all of its appropriation balance as
nonlapsing shall include a one-time [
submits to the governor and the Legislature at the annual general session of the Legislature
immediately before the end of the fiscal year in which the agency may have an appropriation
balance.
(b) An agency may not include a proposed expenditure on its one-time [
projects list if:
(i) the expenditure creates a new program;
(ii) the expenditure enhances the level of an existing program; or
(iii) the expenditure will require a legislative appropriation in the next fiscal year.
(c) The governor:
(i) may approve some or all of the items from an agency's one-time [
list; and
(ii) shall identify and prioritize any approved one-time projects in the budget that he
submits to the Legislature.
(4) The Legislature:
(a) may approve some or all of the specific items from an agency's one-time [
projects list as authorized expenditures of an agency's appropriation balance;
(b) shall identify any authorized one-time projects in the appropriate line item
appropriation; and
(c) may prioritize one-time projects in intent language.
Section 50. Section 63-38-9.5 is amended to read:
63-38-9.5. Agency exempt from act.
The Utah Housing Corporation [
exempt from this act.
Section 51. Section 63-38a-102 is amended to read:
63-38a-102. Definitions.
As used in this chapter:
(1) (a) "Agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" does not include the legislative branch, the board of regents, the Utah
Higher Education Assistance Authority, the board of trustees of each higher education institution,
each higher education institution and its associated branches, centers, divisions, institutes,
foundations, hospitals, colleges, schools, or departments, a public education entity, or an
independent agency.
(2) (a) "Dedicated credits revenues" means revenues from collections by an agency that
are deposited directly into an account for expenditure on a separate line item and program.
(b) "Dedicated credits" does not mean:
(i) federal revenues and the related pass through or the related state match paid by one
agency to another;
(ii) revenues that are not deposited in governmental funds;
(iii) revenues from any contracts; and
(iv) revenues received by the Attorney General's Office from billings for professional
services.
(3) "Fees" means revenue collected by an agency for performing a service or providing a
function that the agency deposits or accounts for as dedicated credits or fixed collections.
(4) (a) "Fixed collections revenues" means revenue from collections:
(i) fixed by law or by the appropriation act at a specific amount; and
(ii) required by law to be deposited into a separate line item and program.
(b) "Fixed collections" does not mean:
(i) federal revenues and the related pass through or the related state match paid by one
agency to another;
(ii) revenues that are not deposited in governmental funds;
(iii) revenues from any contracts; and
(iv) revenues received by the Attorney General's Office from billings for professional
services.
(5) (a) "Governmental fund" means funds used to account for the acquisition, use, and
balances of expendable financial resources and related liabilities using a measurement focus that
emphasizes the flow of financial resources.
(b) "Governmental fund" does not include internal service funds, enterprise funds, capital
projects funds, debt service funds, or trust and agency funds as established in Section 51-5-4 .
(6) "Independent agency" means the Utah State Retirement Office, the Utah Housing
Corporation, [
(7) "Program" means the function or service provided by an agency for which the agency
collects fees.
(8) "Revenue types" means the categories established by the Division of Finance under
the authority of this chapter that classify revenue according to the purpose for which it is
collected.
Section 52. Section 63-55-263 is amended to read:
63-55-263. Repeal dates, Titles 63 to 63E.
(1) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
(2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed
July 1, 2007.
[
July 1, 2005.
[
63-38d-501 , is repealed July 1, 2005.
(5) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July 1,
2005.
(6) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
and Youth At Risk Act, is repealed July 1, 2006.
(7) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2005.
(8) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund to
provide coverage to nonstate entities, are repealed July 1, 2006.
[
Section 53. Section 63-56-5 is amended to read:
63-56-5. Definitions.
As used in this chapter:
(1) "Architect-engineer services" are those professional services within the scope of the
practice of architecture as defined in Section 58-3a-102 , or professional engineering as defined in
Section 58-22-102 .
(2) "Business" means any corporation, partnership, individual, sole proprietorship, joint
stock company, joint venture, or any other private legal entity.
(3) "Change order" means a written order signed by the procurement officer, directing
the contractor to suspend work or make changes, which the appropriate clauses of the contract
authorize the procurement officer to order without the consent of the contractor or any written
alteration in specifications, delivery point, rate of delivery, period of performance, price,
quantity, or other provisions of any contract accomplished by mutual action of the parties to the
contract.
(4) (a) "Construction" means the process of building, renovation, alteration,
improvement, or repair of any public building or public work.
(b) "Construction" does not mean the routine operation, routine repair, or routine
maintenance of existing structures, buildings, or real property.
(5) (a) "Construction Manager/General Contractor" means any contractor who enters into
a contract for the management of a construction project when that contract allows the contractor
to subcontract for additional labor and materials that were not included in the contractor's cost
proposal submitted at the time of the procurement of the Construction Manager/General
Contractor's services.
(b) "Construction Manager/General Contractor" does not mean a contractor whose only
subcontract work not included in the contractor's cost proposal submitted as part of the
procurement of construction is to meet subcontracted portions of change orders approved within
the scope of the project.
(6) "Contract" means any state agreement for the procurement or disposal of supplies,
services, or construction.
(7) "Cooperative purchasing" means procurement conducted by, or on behalf of, more
than one public procurement unit, or by a public procurement unit with an external procurement
unit.
(8) "Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowed and allocated in accordance with the contract terms and
the provisions of this chapter, and a fee, if any.
(9) (a) "Design-build" means the procurement of architect-engineer services and
construction by the use of a single contract with the design-build provider.
(b) This method of design and construction can include the design-build provider
supplying the site as part of the contract.
(10) "Established catalogue price" means the price included in a catalogue, price list,
schedule, or other form that:
(a) is regularly maintained by a manufacturer or contractor;
(b) is either published or otherwise available for inspection by customers; and
(c) states prices at which sales are currently or were last made to a significant number of
any category of buyers or buyers constituting the general buying public for the supplies or
services involved.
(11) "External procurement unit" means any buying organization not located in this state
which, if located in this state, would qualify as a public procurement unit. An agency of the
United States is an external procurement unit.
(12) "Grant" means the furnishing by the state or by any other public or private source
assistance, whether financial or otherwise, to any person to support a program authorized by law.
It does not include an award whose primary purpose is to procure an end product, whether in the
form of supplies, services, or construction. A contract resulting from the award is not a grant but
a procurement contract.
(13) "Invitation for bids" means all documents, whether attached or incorporated by
reference, utilized for soliciting bids.
(14) "Local public procurement unit" means any political subdivision or institution of
higher education of the state or public agency of any subdivision, public authority, educational,
health, or other institution, and to the extent provided by law, any other entity which expends
public funds for the procurement of supplies, services, and construction, but not counties,
municipalities, political subdivisions created by counties or municipalities under the Interlocal
Cooperation Act, the Utah Housing Corporation, [
the Legislature and its staff offices. It includes two or more local public procurement units acting
under legislation which authorizes intergovernmental cooperation.
(15) "Person" means any business, individual, union, committee, club, other
organization, or group of individuals, not including a state agency or a local public procurement
unit.
(16) "Policy board" means the procurement policy board created by Section 63-56-6 .
(17) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(18) "Procurement" means buying, purchasing, renting, leasing, leasing with an option to
purchase, or otherwise acquiring any supplies, services, or construction. It also includes all
functions that pertain to the obtaining of any supply, service, or construction, including
description of requirements, selection, and solicitation of sources, preparation, and award of a
contract, and all phases of contract administration.
(19) "Procurement officer" means any person or board duly authorized to enter into and
administer contracts and make written determinations with respect thereto. It also includes an
authorized representative acting within the limits of authority.
(20) "Public procurement unit" means either a local public procurement unit or a state
public procurement unit.
(21) "Purchase description" means the words used in a solicitation to describe the
supplies, services, or construction to be purchased, and includes specifications attached to or
made a part of the solicitation.
(22) "Purchasing agency" means any state agency other than the Division of Purchasing
and General Services that is authorized by this chapter or its implementing regulations, or by
delegation from the chief procurement officer, to enter into contracts.
(23) "Request for proposals" means all documents, whether attached or incorporated by
reference, used for soliciting proposals.
(24) "Responsible bidder or offeror" means a person who has the capability in all
respects to perform fully the contract requirements and who has the integrity and reliability which
will assure good faith performance.
(25) "Responsive bidder" means a person who has submitted a bid which conforms in all
material respects to the invitation for bids.
(26) "Sealed" does not preclude acceptance of electronically sealed and submitted bids or
proposals in addition to bids or proposals manually sealed and submitted.
(27) "Services" means the furnishing of labor, time, or effort by a contractor, not
involving the delivery of a specific end product other than reports which are merely incidental to
the required performance. It does not include employment agreements or collective bargaining
agreements.
(28) "Specification" means any description of the physical or functional characteristics,
or of the nature of a supply, service, or construction item. It may include a description of any
requirement for inspecting, testing, or preparing a supply, service, or construction item for
delivery.
(29) "State agency" or "the state" means any department, division, commission, council,
board, bureau, committee, institution, government corporation, or other establishment, official, or
employee of this state.
(30) "State public procurement unit" means the Division of Purchasing and General
Services and any other purchasing agency of this state.
(31) "Supplies" means all property, including equipment, materials, and printing.
(32) "Using agency" means any state agency which utilizes any supplies, services, or
construction procured under this chapter.
Section 54. Section 63A-1-113 is amended to read:
63A-1-113. Agency exempt from title.
The Utah Housing Corporation [
exempt from this title.
Section 55. Section 63A-9-101 is amended to read:
63A-9-101. Definitions.
(1) (a) "Agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" includes the State Board of Education, the Office of Education, each
Applied Technology Center, the board of regents, the institutional councils of each higher
education institution, and each higher education institution.
(c) "Agency" includes the legislative and judicial branches.
(2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
[
[
(5) "Executive director" means the executive director of the Department of
Administrative Services.
(6) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
(b) "Motor vehicle" includes vehicles used for construction and other nontransportation
purposes.
(7) "State vehicle" means each motor vehicle owned, operated, or in the possession of an
agency.
Section 56. Section 67-3-1 is amended to read:
67-3-1. Functions and duties.
(1) (a) The state auditor is the auditor of public accounts and is independent of any
executive or administrative officers of the state.
(b) The state auditor is not limited in the selection of personnel or in the determination of
the reasonable and necessary expenses of his office.
(2) The state auditor shall examine and certify annually in respect to each fiscal year,
financial statements showing:
(a) the condition of the state's finances;
(b) the revenues received or accrued;
(c) expenditures paid or accrued;
(d) the amount of unexpended or unencumbered balances of the appropriations to the
agencies, departments, divisions, commissions, and institutions; and
(e) the cash balances of the funds in the custody of the state treasurer.
(3) (a) The state auditor shall:
(i) audit each permanent fund, each special fund, the General Fund, and the accounts of
any department of state government or any independent agency or public corporation as the law
requires, as the auditor determines is necessary, or upon request of the governor or the
Legislature;
(ii) perform the audits in accordance with generally accepted auditing standards and other
auditing procedures as promulgated by recognized authoritative bodies;
(iii) as the auditor determines is necessary, conduct the audits to determine:
(A) honesty and integrity in fiscal affairs;
(B) accuracy and reliability of financial statements;
(C) effectiveness and adequacy of financial controls; and
(D) compliance with the law.
(b) If any state entity receives federal funding, the state auditor shall ensure that the audit
is performed in accordance with federal audit requirements.
(c) (i) The costs of the federal compliance portion of the audit may be paid from an
appropriation to the state auditor from the General Fund.
(ii) If an appropriation is not provided, or if the federal government does not specifically
provide for payment of audit costs, the costs of the federal compliance portions of the audit shall
be allocated on the basis of the percentage that each state entity's federal funding bears to the
total federal funds received by the state.
(iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
funds passed through the state to local governments and to reflect any reduction in audit time
obtained through the use of internal auditors working under the direction of the state auditor.
(4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
financial audits, and as the auditor determines is necessary, conduct performance and special
purpose audits, examinations, and reviews of any entity that receives public funds, including a
determination of any or all of the following:
(i) the honesty and integrity of all its fiscal affairs;
(ii) whether or not its administrators have faithfully complied with legislative intent;
(iii) whether or not its operations have been conducted in an efficient, effective, and
cost-efficient manner;
(iv) whether or not its programs have been effective in accomplishing the intended
objectives; and
(v) whether or not its management, control, and information systems are adequate and
effective.
(b) The auditor may not conduct performance and special purpose audits, examinations,
and reviews of any entity that receives public funds if the entity:
(i) has an elected auditor; and
(ii) has, within the entity's last budget year, had its financial statements or performance
formally reviewed by another outside auditor.
(5) The state auditor shall administer any oath or affirmation necessary to the
performance of the duties of the auditor's office, and may subpoena witnesses and documents,
whether electronic or otherwise, and examine into any matter that the auditor considers
necessary.
(6) The state auditor may require all persons who have had the disposition or
management of any property of this state or its political subdivisions to submit statements
regarding it at the time and in the form that the auditor requires.
(7) The state auditor shall:
(a) except where otherwise provided by law, institute suits in Salt Lake County in
relation to the assessment, collection, and payment of its revenues against:
(i) persons who by any means have become entrusted with public monies or property and
have failed to pay over or deliver those monies or property; and
(ii) all debtors of the state;
(b) collect and pay into the state treasury all fees received by the state auditor;
(c) perform the duties of a member of all boards of which the state auditor is a member
by the constitution or laws of the state, and any other duties that are prescribed by the
constitution and by law;
(d) stop the payment of the salary of any state official or state employee who:
(i) refuses to settle accounts or provide required statements about the custody and
disposition of public funds or other state property;
(ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
board or department head with respect to the manner of keeping prescribed accounts or funds; or
(iii) fails to correct any delinquencies, improper procedures, and errors brought to the
official's or employee's attention;
(e) establish accounting systems, methods, and forms for public accounts in all taxing or
fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
(f) superintend the contractual auditing of all state accounts;
(g) subject to Subsection (8), withhold state allocated funds or the disbursement of
property taxes from any state taxing or fee-assessing unit, if necessary, to ensure that officials
and employees in those taxing units of the state comply with state laws and procedures in the
budgeting, expenditures, and financial reporting of public funds; and
(h) subject to Subsection (9), withhold the disbursement of tax monies from any county,
if necessary, to ensure that officials and employees in the county comply with Section
59-2-303.1 .
(8) Except as otherwise provided by law, the state auditor may not withhold funds under
Subsection (7)(g) until a taxing or fee-assessing unit has received formal written notice of
noncompliance from the auditor and has been given 60 days to make the specified corrections.
(9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
received formal written notice of noncompliance from the auditor and has been given 60 days to
make the specified corrections.
(10) The state auditor shall:
(a) establish audit guidelines and procedures for audits of local mental health and
substance abuse authorities and their contract providers, conducted pursuant to Title [
Chapter [
Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, and Title 62A,
Chapter 15, Substance Abuse and Mental Health Act; and
(b) ensure that those guidelines and procedures provide assurances to the state that:
(i) state and federal funds appropriated to local mental health authorities are used for
mental health purposes;
(ii) a private provider under an annual or otherwise ongoing contract to provide
comprehensive mental health programs or services for a local mental health authority is in
compliance with state and local contract requirements, and state and federal law;
(iii) state and federal funds appropriated to local substance abuse authorities are used for
substance abuse programs and services; and
(iv) a private provider under an annual or otherwise ongoing contract to provide
comprehensive substance abuse programs or services for a local substance abuse authority is in
compliance with state and local contract requirements, and state and federal law.
(11) The state auditor may, in accordance with the auditor's responsibilities for political
subdivisions of the state as provided in Title 51, Chapter [
from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits
or investigations of any political subdivision that are necessary to determine honesty and integrity
in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
financial controls and compliance with the law.
(12) (a) The state auditor may not audit work that the state auditor performed before
becoming state auditor.
(b) If the state auditor has previously been a responsible official in state government
whose work has not yet been audited, the Legislature shall:
(i) designate how that work shall be audited; and
(ii) provide additional funding for those audits, if necessary.
(13) (a) The following records in the custody or control of the state auditor are protected
records under Title 63, Chapter 2, Government Records Access and Management Act:
(i) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental employee
if the information or allegation cannot be corroborated by the state auditor through other
documents or evidence, and the records relating to the allegation are not relied upon by the state
auditor in preparing a final audit report;
(ii) records and audit workpapers to the extent they would disclose the identity of a
person who during the course of an audit, communicated the existence of any waste of public
funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
adopted under the laws of this state, a political subdivision of the state, or any recognized entity
of the United States, if the information was disclosed on the condition that the identity of the
person be protected;
(iii) before an audit is completed and the final audit report is released, records or drafts
circulated to a person who is not an employee or head of a governmental entity for their response
or information;
(iv) records that would disclose an outline or part of any audit survey plans or audit
program; and
(v) requests for audits, if disclosure would risk circumvention of an audit.
(b) The provisions of Subsections (13)(a)(i), (ii), and (iii) do not prohibit the disclosure
of records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
(c) The provisions of this Subsection (13) do not limit the authority otherwise given to
the state auditor to classify a document as public, private, controlled, or protected under Title 63,
Chapter 2, Government Records Access and Management Act.
Section 57. Section 67-5b-104 is amended to read:
67-5b-104. Requirements of agreement.
(1) To qualify for contracting as a Children's Justice Center, a comprehensive,
multidisciplinary, nonprofit, intergovernmental body consisting of two or more public agencies
and other persons shall enter into written agreements with one another for joint or cooperative
action pursuant to this part.
(2) Any agreement to create a center shall specify the following:
(a) its duration, not to exceed 50 years;
(b) the precise organization, composition, membership, and nature of any separate legal
or administrative entity created, together with the powers delegated;
(c) its purpose;
(d) the manner of financing the joint or intergovernmental undertaking and of
establishing and maintaining a budget;
(e) the contracting public agency designated to oversee the accountability of the center,
including the budget, costs, personnel, and management pursuant to Title 51, Chapter [
Local Entities Act;
(f) the permissible method or methods to be employed in accomplishing the partial or
complete termination of the agreement and in disposing of property upon the partial or complete
termination; and
(g) any other necessary and proper matters.
(3) Any agreement made pursuant to this part shall, prior to and as a condition precedent
to its becoming effective, be reviewed by the attorney general and the county attorney of the
county where the center is located and approved for form and compatibility with the laws of this
state.
(4) Prior to its becoming effective, any agreement made pursuant to this part shall be
filed with the person who keeps the records of each of the public agencies and other persons who
are parties to it.
(5) No agreement made pursuant to this part shall relieve any public agency of any
obligation or responsibility imposed upon it by law except that actual and timely performance by
an intergovernmental legal entity created to perform joint intergovernmental functions by an
agreement made under this section may be offered in satisfaction of the obligation or
responsibility.
(6) Any public agency entering into an agreement pursuant to this part may appropriate
funds and may sell, lease, give, or otherwise supply tangible and intangible property to a center
created to operate the joint or intergovernmental undertaking and may provide personnel or
services as may be within its legal power to appropriate, sell, lease, give, supply, or furnish.
(7) Any one or more public agencies may contract with each other or with a legal or
administrative entity created pursuant to this part to perform any governmental service, activity,
or undertaking which each public agency or person entering into the contract is authorized by law
to perform, provided that such contract is authorized by the governing body of each party to the
contract.
(8) Any facility or improvement jointly owned or jointly operated by any two or more
public agencies and other persons or acquired or constructed pursuant to an agreement under this
part may be operated by the intergovernmental body as may be provided by appropriate contract.
Payment for the cost of the operation of the facility or improvement shall be made as provided in
the contract and in accordance with any appropriation or funding restrictions.
Section 58. Section 67-5b-106 is amended to read:
67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms -- Duties
-- Authority.
(1) The attorney general shall create the Advisory Board on Children's Justice to advise
him about the Children's Justice Center Program.
(2) The board shall be composed of:
(a) the director of each Children's Justice Center;
(b) the chair of each local advisory board established under Section 67-5b-105 ;
(c) the attorney general or the attorney general's designee;
(d) a representative of the Utah Sheriffs Association, appointed by the governor;
(e) a chief of police, appointed by the governor;
(f) one juvenile court judge and one district court judge, appointed by the chief justice;
(g) a representative of the court appointed guardians ad litem, appointed by the chief
justice;
(h) a designated representative of the Division of Child and Family Services within the
Department of Human Services, appointed by the director of that division;
(i) a licensed mental health professional, appointed by the governor;
(j) a person experienced in working with children with disabilities, appointed by the
governor;
(k) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
appointed by the Utah Bar Commission;
(l) one criminal prosecutor, licensed by the Utah State Bar and in good standing,
appointed by the Prosecution Council;
(m) a member of the governor's staff, appointed by the governor;
(n) a member from the public, appointed by the governor, who exhibits sensitivity to the
concerns of parents; and
(o) additional members appointed as needed by the attorney general.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the appointing authority shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(4) The Advisory Board on Children's Justice shall:
(a) coordinate and support the statewide purpose of the program;
(b) recommend statewide guidelines for the administration of the program;
(c) advise the contracting entities of each Children's Justice Center;
(d) recommend training and improvements in training;
(e) review, evaluate, and make recommendations concerning state investigative,
administrative, and judicial handling in both civil and criminal cases of child abuse, child sexual
abuse, and neglect;
(f) recommend programs to improve the prompt and fair resolution of civil and criminal
court proceedings; and
(g) recommend changes to state laws and procedures to provide comprehensive
protection for children of abuse, child sexual abuse, and neglect.
(5) The Advisory Board on Children's Justice may not supersede the authority of the
contracting public agency to oversee the accountability of the center, including the budget, costs,
personnel, and management pursuant to Section 67-5b-104 and Title 51, Chapter [
2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act.
Section 59. Section 70A-8-101 is amended to read:
70A-8-101. Definitions.
(1) As used in this chapter:
(a) "Adverse claim" means a claim that a claimant has a property interest in a financial
asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or
deal with the financial asset.
(b) "Bearer form," as applied to a certificated security, means a form in which the
security is payable to the bearer of the security certificate according to its terms but not by reason
of an indorsement.
(c) "Broker" means a person defined as a broker or dealer under the federal securities
laws, but without excluding a bank acting in that capacity.
(d) "Certificated security" means a security that is represented by a certificate.
(e) "Clearing corporation" means:
(i) a person that is registered as a "clearing agency" under the federal securities laws;
(ii) a federal reserve bank; or
(iii) any other person that provides clearance or settlement services with respect to
financial assets that would require it to register as a clearing agency under the federal securities
laws but for an exclusion or exemption from the registration requirement, if its activities as a
clearing corporation, including promulgation of rules, are subject to regulation by a federal or
state governmental authority.
(f) "Communicate" means to:
(i) send a signed writing; or
(ii) transmit information by any mechanism agreed upon by the persons transmitting and
receiving the information.
(g) "Entitlement holder" means a person identified in the records of a securities
intermediary as the person having a security entitlement against the securities intermediary. If a
person acquired a security entitlement by virtue of Subsection 70A-8-501 (2)(b) or (c), that person
is the entitlement holder.
(h) "Entitlement order" means a notification communicated to a securities intermediary
directing transfer or redemption of a financial asset to which the entitlement holder has a security
entitlement.
(i) (i) "Financial asset," except as otherwise provided in Section 70A-8-102 , means:
(A) a security;
(B) an obligation of a person or a share, participation, or other interest [
in property or an enterprise of a person, which is or is of a type, dealt in or traded on financial
markets, or which is recognized in any area in which it is issued or dealt in as a medium for
investment; or
(C) any property that is held by a securities intermediary for another person in a
securities account if that securities intermediary has expressly agreed with the other person that
the property is to be treated as a financial asset under this chapter.
(ii) As context requires, the term means either the interest itself or the means by which a
person's claim to it is evidenced, including a certificated or uncertificated security, a security
certificate, or a security entitlement.
(j) "Good faith," for purposes of the obligation of good faith in the performance or
enforcement of contracts or duties within this chapter, means honesty in fact and the observance
of reasonable commercial standards of fair dealing.
(k) "Indorsement" means a signature that alone or accompanied by other words is made
on a security certificate in registered form or on a separate document for the purpose of
assigning, transferring, or redeeming the security or granting a power to assign, transfer, or
redeem it.
(l) "Instruction" means a notification communicated to the issuer of an uncertificated
security which directs that the transfer of the security be registered or that the security be
redeemed.
(m) "Registered form," as applied to a certificated security, means a form in which:
(i) the security certificate specifies a person entitled to the security; and
(ii) a transfer of the security may be registered upon books maintained for that purpose
by or on behalf of the issuer, or the security certificate so states.
(n) "Securities intermediary" means:
(i) a clearing corporation; or
(ii) a person, including a bank or broker, that in the ordinary course of its business
maintains securities accounts for others and is acting in that capacity.
(o) "Security," except as otherwise provided in Section 70A-8-102 , means an obligation
of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise
of an issuer:
(i) which is represented by a security certificate in bearer or registered form, or the
transfer of which may be registered upon books maintained for that purpose by or on behalf of
the issuer;
(ii) which is one of a class or series or by its terms is divisible into a class or series of
shares, participations, interests, or obligations; and
(iii) which:
(A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or
(B) is a medium for investment and by its terms expressly provides that it is a security
governed by this chapter.
(p) "Security certificate" means a certificate representing a security.
(q) "Security entitlement" means the rights and property interest of an entitlement holder
with respect to a financial asset specified in Part 5.
(r) "Uncertificated security" means a security that is not represented by a certificate.
(2) Other definitions applying to this chapter and the sections in which they appear are:
(a) "appropriate person," Section 70A-8-106 ;
(b) "control," Section 70A-8-105 ;
(c) "delivery," Section 70A-8-301 ;
(d) "investment company security," Section 70A-8-102 ;
(e) "issuer," Section 70A-8-201 ;
(f) "overissue," Section 70A-8-210 ;
(g) "protected purchaser," Section 70A-8-303 ; and
(h) "securities account," Section 70A-8-501 .
(3) In addition, Chapter 1, General Provisions, contains general definitions and principles
of construction and interpretation applicable throughout this chapter.
(4) The characterization of a person, business, or transaction for purposes of this chapter
does not determine the characterization of the person, business, or transaction for purposes of any
other law, regulation, or rule.
Section 60. Section 75-5a-119 is amended to read:
75-5a-119. Renunciation, resignation, death, or removal of custodian -- Designation
of successor custodian.
(1) A person nominated under Section 75-5a-104 or designated under Section 75-5a-110
as custodian may decline to serve by delivering a valid disclaimer to the person who made the
nomination or to the transferor or the transferor's legal representative. If the event giving rise to a
transfer has not occurred and no substitute custodian able, willing, and eligible to serve was
nominated under Section 75-5a-104 , the person who made the nomination may nominate a
substitute custodian under Section 75-5a-104 ; otherwise the transferor or the transferor's legal
representative shall designate a substitute custodian at the time of the transfer, in either case from
among the persons eligible to serve as custodian for that kind of property under Subsection
75-5a-110 (1). The custodian designated has the rights of a successor custodian.
(2) A custodian at any time may designate a trust company or an adult other than a
transferor under Section [
an instrument of designation before a subscribing witness other than the successor. If the
instrument of designation does not contain or is not accompanied by the resignation of the
custodian, the designation of the successor does not take effect until the custodian resigns, dies,
becomes incapacitated, or is removed.
(3) A custodian may resign at any time by delivering written notice to the minor if the
minor is 14 years of age or older and to the successor custodian and by delivering the custodial
property to the successor custodian.
(4) (a) If a custodian is ineligible, dies, or becomes incapacitated without having
effectively designated a successor and the minor is 14 years of age or older, the minor may
designate as successor custodian, in the manner prescribed in Subsection (2), an adult member of
the minor's family, a conservator of the minor, or a trust company. If the minor is not yet 14
years of age or fails to act within 60 days after the ineligibility, death, or incapacity, the
conservator of the minor becomes successor custodian.
(b) If the minor has no conservator or the conservator declines to act, the transferor, the
legal representative of the transferor or of the custodian, an adult member of the minor's family,
or any other interested person may petition the court to designate a successor custodian.
(5) A custodian who declines to serve under Subsection (1) or resigns under Subsection
(3), or the legal representative of a deceased or incapacitated custodian shall as soon as
practicable place the custodial property and records in the possession and control of the successor
custodian. The successor custodian by action may enforce the obligation to deliver custodial
property and records and becomes responsible for each item as received.
(6) A transferor, the legal representative of a transferor, an adult member of the minor's
family, a guardian of the person of the minor, the conservator of the minor, or the minor if he is
14 years of age or older, may petition the court to remove the custodian for cause and to
designate a successor custodian other than a transferor under Section 75-5a-105 or to require the
custodian to give appropriate bond.
Section 61. Section 77-19-201 is amended to read:
77-19-201. Definition.
As used in this part, "incompetent to be executed" means that [
condition, an inmate is unaware of either the punishment he is about to suffer or why he is to
suffer it.
Section 62. Section 78-12-33.5 is amended to read:
78-12-33.5. Statute of limitations -- Asbestos damages -- Action by state or
governmental entity.
(1) (a) No statute of limitations or repose may bar an action by the state or other
governmental entity to recover damages from any manufacturer of any construction materials
containing asbestos, when the action arises out of the manufacturer's providing the materials,
directly or [
contractor on behalf of the state or other governmental entity.
(b) Subsection (1)(a) provides for actions not yet barred, and also acts retroactively to
permit actions under this section that are otherwise barred.
(2) As used in this section, "asbestos" means asbestiform varieties of:
(a) chrysotile (serpentine);
(b) crocidolite (riebeckite);
(c) amosite (cummingtonite-grunerite);
(d) anthophyllite;
(e) tremolite; or
(f) actinolite.
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