Download Zipped Introduced WordPerfect HB0176.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 176
1
2
3
4
5
6 LONG TITLE
7 General Description:
8 This bill modifies parts of the Utah Code to make technical corrections including
9 wording, cross references, and numbering changes.
10 Highlighted Provisions:
11 This bill:
12 . modifies parts of the Utah Code by making technical corrections including wording,
13 cross referencing, and numbering changes.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 10-6-151, as last amended by Chapter 90, Laws of Utah 2004
21 11-36-501, as enacted by Chapter 239, Laws of Utah 2002
22 16-10a-1503, as enacted by Chapter 277, Laws of Utah 1992
23 16-10a-1530, as enacted by Chapter 277, Laws of Utah 1992
24 17-37-7, as last amended by Chapter 95, Laws of Utah 2002
25 17-43-201, as last amended by Chapters 80 and 228, Laws of Utah 2004
26 17-43-301, as last amended by Chapter 80, Laws of Utah 2004
27 17A-1-444, as renumbered and amended by Chapter 186, Laws of Utah 1990
28 17A-1-501, as last amended by Chapter 30, Laws of Utah 1992
29 17A-2-325, as renumbered and amended by Chapter 186, Laws of Utah 1990
30 17A-2-1051, as last amended by Chapter 295, Laws of Utah 2004
31 17A-2-1409, as last amended by Chapter 20, Laws of Utah 2004
32 17B-2-515.5, as enacted by Chapter 257, Laws of Utah 2003
33 17B-4-1304, as enacted by Chapter 133, Laws of Utah 2001
34 20A-3-302, as last amended by Chapter 195, Laws of Utah 2004
35 20A-9-202, as last amended by Chapter 146, Laws of Utah 2004
36 26-6b-3, as last amended by Chapter 21, Laws of Utah 1999
37 31A-22-716, as last amended by Chapter 108, Laws of Utah 2004
38 32A-12-505, as last amended by Chapter 314, Laws of Utah 2003
39 34A-2-103, as last amended by Chapter 116, Laws of Utah 2001
40 34A-2-105, as last amended by Chapter 9, Laws of Utah 2001
41 35A-3-608, as renumbered and amended by Chapter 90, Laws of Utah 2003
42 38-1-27.2, as enacted by Chapter 148, Laws of Utah 2004
43 41-1a-1314, as last amended by Chapter 48, Laws of Utah 2001
44 48-1-42, as last amended by Chapter 41, Laws of Utah 1996
45 48-2c-1604, as enacted by Chapter 260, Laws of Utah 2001
46 48-2c-1612, as enacted by Chapter 260, Laws of Utah 2001
47 49-12-202, as last amended by Chapter 330, Laws of Utah 2004
48 49-13-202, as last amended by Chapter 330, Laws of Utah 2004
49 51-5-4.5, as last amended by Chapter 159, Laws of Utah 2002
50 51-7-2, as last amended by Chapter 159, Laws of Utah 2002
51 51-7-4, as last amended by Chapters 159 and 250, Laws of Utah 2002
52 53-2-107, as last amended by Chapter 195, Laws of Utah 2000
53 53A-17a-112, as last amended by Chapter 320, Laws of Utah 2003
54 58-1-307, as last amended by Chapters 156 and 280, Laws of Utah 2004
55 58-16a-501, as last amended by Chapter 48, Laws of Utah 2004
56 58-17b-309, as enacted by Chapter 280, Laws of Utah 2004
57 58-31d-103, as enacted by Chapter 15, Laws of Utah 2004
58 58-42a-102, as enacted by Chapter 240, Laws of Utah 1994
59 61-6-5, as last amended by Chapter 106, Laws of Utah 2000
60 62A-3-104.1, as last amended by Chapter 254, Laws of Utah 1998
61 62A-4a-209, as last amended by Chapters 265 and 306, Laws of Utah 2002
62 62A-15-108, as last amended by Chapter 100, Laws of Utah 2003
63 62A-15-110, as last amended by Chapter 100, Laws of Utah 2003
64 62A-15-713, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
65 Special Session
66 63-2-204, as last amended by Chapter 280, Laws of Utah 1992
67 63-5b-102, as last amended by Chapters 14 and 159, Laws of Utah 2002
68 63-34-14, as enacted by Chapter 179, Laws of Utah 1997
69 63-38-8.1, as last amended by Chapter 175, Laws of Utah 2001
70 63-38-9.5, as last amended by Chapter 159, Laws of Utah 2002
71 63-38a-102, as last amended by Chapter 159, Laws of Utah 2002
72 63-55-263, as last amended by Chapters 37, 90 and 238, Laws of Utah 2004
73 63-56-5, as last amended by Chapters 159 and 178, Laws of Utah 2002
74 63A-1-113, as last amended by Chapter 159, Laws of Utah 2002
75 63A-9-101, as enacted by Chapter 334, Laws of Utah 1996
76 67-3-1, as last amended by Chapter 78, Laws of Utah 2003
77 67-5b-104, as enacted by Chapter 192, Laws of Utah 1994
78 67-5b-106, as last amended by Chapter 377, Laws of Utah 1997
79 70A-8-101, as repealed and reenacted by Chapter 204, Laws of Utah 1996
80 75-5a-119, as enacted by Chapter 272, Laws of Utah 1990
81 77-19-201, as enacted by Chapter 137, Laws of Utah 2004
82 78-12-33.5, as enacted by Chapter 208, Laws of Utah 1988
83
84 Be it enacted by the Legislature of the state of Utah:
85 Section 1. Section 10-6-151 is amended to read:
86 10-6-151. Independent audits required.
87 Independent audits of all cities are required, to be performed in conformity with Title
88 51, Chapter [
89 Organizations, and Other Local Entities Act. In the case of a city organized under Title 10,
90 Chapter 3, Part 12, Optional Forms of Municipal Government Act, the council shall appoint an
91 independent auditor for the purpose of complying with the requirements of this section and of
92 Title 51, Chapter [
93 Organizations, and Other Local Entities Act.
94 Section 2. Section 11-36-501 is amended to read:
95 11-36-501. Private entity assessment of impact fees -- Notice and hearing -- Audit.
96 (1) A private entity may only impose a charge for public facilities as a condition of
97 development approval by imposing an impact fee. A private entity shall comply with the
98 requirements of this chapter before imposing an impact fee.
99 (2) Except as otherwise specified in this chapter, a private entity is subject to the same
100 requirements of this chapter as a local political subdivision.
101 (3) Where notice and hearing requirements are specified, a private entity shall comply
102 with the notice and hearing requirements for special districts.
103 (4) A private entity that assesses an impact fee under this chapter is subject to the audit
104 requirements of Title 51, Chapter [
105 Subdivisions, Interlocal Organizations, and Other Local Entities Act.
106 Section 3. Section 16-10a-1503 is amended to read:
107 16-10a-1503. Application for authority to transact business.
108 (1) A foreign corporation may apply for authority to transact business in this state by
109 delivering to the division for filing an application for authority to transact business setting
110 forth:
111 (a) its corporate name and its assumed name, if any;
112 (b) the name of the state or country under whose law it is incorporated;
113 (c) its date of incorporation and period of its corporate duration;
114 (d) the street address of its principal office;
115 (e) the address of its registered office in this state and the name of its registered agent
116 at that office;
117 (f) the names and usual business addresses of its current directors and officers;
118 (g) the date it commenced or expects to commence transacting business in this state;
119 and
120 (h) any additional information the division may determine is necessary or appropriate
121 to determine whether the application for authority to transact business should be filed.
122 (2) The foreign corporation shall deliver with the completed application for authority to
123 transact business a certificate of existence, or a document of similar import, duly authorized by
124 the [
125 in the state or country under whose law it is incorporated. The certificate of existence shall be
126 dated within 90 days prior to the filing of the application for authority to transact business by
127 the division.
128 (3) The foreign corporation shall include in the application for authority to transact
129 business, or in an accompanying document, the written consent to appointment by the
130 designated registered agent.
131 Section 4. Section 16-10a-1530 is amended to read:
132 16-10a-1530. Grounds for revocation.
133 The division may commence a proceeding under Section 16-10a-1531 to revoke the
134 authority of a foreign corporation to transact business in this state if:
135 (1) the foreign corporation does not deliver its annual report to the division when it is
136 due;
137 (2) the foreign corporation does not pay when they are due any taxes, fees, or penalties
138 imposed by this chapter or other applicable laws of this state;
139 (3) the foreign corporation is without a registered agent or registered office in this
140 state;
141 (4) the foreign corporation does not inform the division under Section 16-10a-1509 or
142 16-10a-1510 that its registered agent or registered office has changed, that its registered agent
143 has resigned, or that its registered office has been discontinued;
144 (5) an incorporator, director, officer, or agent of the foreign corporation signs a
145 document knowing it is false in any material respect with intent that the document be delivered
146 to the division for filing; or
147 (6) the division receives a duly authenticated certificate from the [
148 lieutenant governor or other official having custody of corporate records in the state or country
149 under whose law the foreign corporation is incorporated stating that the corporation has
150 dissolved or disappeared as the result of a merger.
151 Section 5. Section 17-37-7 is amended to read:
152 17-37-7. Annual report -- Financial statement.
153 To the extent that independent accounting records are prepared and maintained by the
154 planetarium, the planetarium board of directors shall make, or in the case of a contracting
155 entity, require that there be made, an annual report to the county executive and the county
156 legislative body on the condition and operation of the planetarium, including a financial
157 statement. The financial statement shall be prepared in accordance with generally accepted
158 accounting principles consistently applied and shall be reviewed by the county auditor. The
159 planetarium shall be included in the annual audit of the county conducted by an independent
160 public accountant as required by Title 51, Chapter [
161 Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
162 Section 6. Section 17-43-201 is amended to read:
163 17-43-201. Local substance abuse authorities -- Responsibilities.
164 (1) (a) (i) In each county operating under a county executive-council form of
165 government under Section 17-52-504 , the county legislative body is the local substance abuse
166 authority, provided however that any contract for plan services shall be administered by the
167 county executive.
168 (ii) In each county operating under a council-manager form of government under
169 Section 17-52-505 , the county manager is the local substance abuse authority.
170 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
171 county legislative body is the local substance abuse authority.
172 (b) Within legislative appropriations and county matching funds required by this
173 section, and under the policy direction of the board and the administrative direction of the
174 division, each local substance abuse authority shall:
175 (i) develop substance abuse prevention and treatment services plans; and
176 (ii) provide substance abuse services to residents of the county.
177 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
178 Cooperation Act, two or more counties may join to provide substance abuse prevention and
179 treatment services.
180 (b) The legislative bodies of counties joining to provide services may establish
181 acceptable ways of apportioning the cost of substance abuse services.
182 (c) Each agreement for joint substance abuse services shall:
183 (i) (A) designate the treasurer of one of the participating counties or another person as
184 the treasurer for the combined substance abuse authorities and as the custodian of moneys
185 available for the joint services; and
186 (B) provide that the designated treasurer, or other disbursing officer authorized by the
187 treasurer, may make payments from the moneys for the joint services upon audit of the
188 appropriate auditing officer or officers representing the participating counties;
189 (ii) provide for the appointment of an independent auditor or a county auditor of one of
190 the participating counties as the designated auditing officer for the combined substance abuse
191 authorities;
192 (iii) (A) provide for the appointment of the county or district attorney of one of the
193 participating counties as the designated legal officer for the combined substance abuse
194 authorities; and
195 (B) authorize the designated legal officer to request and receive the assistance of the
196 county or district attorneys of the other participating counties in defending or prosecuting
197 actions within their counties relating to the combined substance abuse authorities; and
198 (iv) provide for the adoption of management, clinical, financial, procurement,
199 personnel, and administrative policies as already established by one of the participating
200 counties or as approved by the legislative body of each participating county or interlocal board.
201 (d) An agreement for joint substance abuse services may provide for joint operation of
202 services and facilities or for operation of services and facilities under contract by one
203 participating local substance abuse authority for other participating local substance abuse
204 authorities.
205 (3) (a) Each local substance abuse authority is accountable to the department, the
206 Department of Health, and the state with regard to the use of state and federal funds received
207 from those departments for substance abuse services, regardless of whether the services are
208 provided by a private contract provider.
209 (b) Each local substance abuse authority shall comply, and require compliance by its
210 contract provider, with all directives issued by the department and the Department of Health
211 regarding the use and expenditure of state and federal funds received from those departments
212 for the purpose of providing substance abuse programs and services. The department and
213 Department of Health shall ensure that those directives are not duplicative or conflicting, and
214 shall consult and coordinate with local substance abuse authorities with regard to programs and
215 services.
216 (4) Each local substance abuse authority shall:
217 (a) review and evaluate substance abuse prevention and treatment needs and services,
218 including substance abuse needs and services for individuals incarcerated in a county jail or
219 other county correctional facility;
220 (b) annually prepare and submit to the division a plan approved by the county
221 legislative body for funding and service delivery that includes:
222 (i) provisions for services, either directly by the substance abuse authority or by
223 contract, for adults, youth, and children, including those incarcerated in a county jail or other
224 county correctional facility; and
225 (ii) primary prevention, targeted prevention, early intervention, and treatment services;
226 (c) establish and maintain, either directly or by contract, programs licensed under Title
227 62A, Chapter 2, Licensure of Programs and Facilities;
228 (d) appoint directly or by contract a full or part time director for substance abuse
229 programs, and prescribe the director's duties;
230 (e) provide input and comment on new and revised policies established by the board;
231 (f) establish and require contract providers to establish administrative, clinical,
232 procurement, personnel, financial, and management policies regarding substance abuse services
233 and facilities, in accordance with the policies of the board, and state and federal law;
234 (g) establish mechanisms allowing for direct citizen input;
235 (h) annually contract with the division to provide substance abuse programs and
236 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
237 Mental Health Act;
238 (i) comply with all applicable state and federal statutes, policies, audit requirements,
239 contract requirements, and any directives resulting from those audits and contract requirements;
240 (j) promote or establish programs for the prevention of substance abuse within the
241 community setting through community-based prevention programs;
242 (k) provide funding equal to at least 20% of the state funds that it receives to fund
243 services described in the plan;
244 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
245 Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
246 Act, and Title 51, Chapter [
247 Interlocal Organizations, and Other Local Entities Act;
248 (m) for persons convicted of driving under the influence in violation of Subsection
249 41-6-44 (2) or Section 41-6-44.6 , conduct the following as defined in Section 41-6-44 :
250 (i) a screening;
251 (ii) an assessment;
252 (iii) an educational series; and
253 (iv) substance abuse treatment; and
254 (n) utilize proceeds of the accounts described in Subsection 62A-15-503 (1) to
255 supplement the cost of providing the services described in Subsection (4)(m).
256 (5) Before disbursing any public funds, each local substance abuse authority shall
257 require that each entity that receives any public funds from the local substance abuse authority
258 agrees in writing that:
259 (a) the entity's financial records and other records relevant to the entity's performance
260 of the services provided to the local substance abuse authority shall be subject to examination
261 by:
262 (i) the division;
263 (ii) the local substance abuse authority director;
264 (iii) (A) the county treasurer and county or district attorney; or
265 (B) if two or more counties jointly provide substance abuse services under an
266 agreement under Subsection (2), the designated treasurer and the designated legal officer;
267 (iv) the county legislative body; and
268 (v) in a county with a county executive that is separate from the county legislative
269 body, the county executive;
270 (b) the county auditor may examine and audit the entity's financial and other records
271 relevant to the entity's performance of the services provided to the local substance abuse
272 authority; and
273 (c) the entity will comply with the provisions of Subsection (3)(b).
274 (6) A local substance abuse authority may receive property, grants, gifts, supplies,
275 materials, contributions, and any benefit derived therefrom, for substance abuse services. If
276 those gifts are conditioned upon their use for a specified service or program, they shall be so
277 used.
278 (7) (a) As used in this section, "public funds" means the same as that term is defined in
279 Section 17-43-203 .
280 (b) Public funds received for the provision of services pursuant to the local substance
281 abuse plan may not be used for any other purpose except those authorized in the contract
282 between the local substance abuse authority and the provider for the provision of plan services.
283 Section 7. Section 17-43-301 is amended to read:
284 17-43-301. Local mental health authorities -- Responsibilities.
285 (1) (a) (i) In each county operating under a county executive-council form of
286 government under Section 17-52-504 , the county legislative body is the local mental health
287 authority, provided however that any contract for plan services shall be administered by the
288 county executive.
289 (ii) In each county operating under a council-manager form of government under
290 Section 17-52-505 , the county manager is the local mental health authority.
291 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
292 county legislative body is the local mental health authority.
293 (b) Within legislative appropriations and county matching funds required by this
294 section, under the policy direction of the board and the administrative direction of the division,
295 each local mental health authority shall provide mental health services to persons within the
296 county.
297 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
298 Cooperation Act, two or more counties may join to provide mental health prevention and
299 treatment services.
300 (b) The legislative bodies of counties joining to provide services may establish
301 acceptable ways of apportioning the cost of mental health services.
302 (c) Each agreement for joint mental health services shall:
303 (i) (A) designate the treasurer of one of the participating counties or another person as
304 the treasurer for the combined mental health authorities and as the custodian of moneys
305 available for the joint services; and
306 (B) provide that the designated treasurer, or other disbursing officer authorized by the
307 treasurer, may make payments from the moneys available for the joint services upon audit of
308 the appropriate auditing officer or officers representing the participating counties;
309 (ii) provide for the appointment of an independent auditor or a county auditor of one of
310 the participating counties as the designated auditing officer for the combined mental health
311 authorities;
312 (iii) (A) provide for the appointment of the county or district attorney of one of the
313 participating counties as the designated legal officer for the combined mental health
314 authorities; and
315 (B) authorize the designated legal officer to request and receive the assistance of the
316 county or district attorneys of the other participating counties in defending or prosecuting
317 actions within their counties relating to the combined mental health authorities; and
318 (iv) provide for the adoption of management, clinical, financial, procurement,
319 personnel, and administrative policies as already established by one of the participating
320 counties or as approved by the legislative body of each participating county or interlocal board.
321 (d) An agreement for joint mental health services may provide for:
322 (i) joint operation of services and facilities or for operation of services and facilities
323 under contract by one participating local mental health authority for other participating local
324 mental health authorities; and
325 (ii) allocation of appointments of members of the mental health advisory council
326 between or among participating counties.
327 (3) (a) Each local mental health authority is accountable to the department, the
328 Department of Health, and the state with regard to the use of state and federal funds received
329 from those departments for mental health services, regardless of whether the services are
330 provided by a private contract provider.
331 (b) Each local mental health authority shall comply, and require compliance by its
332 contract provider, with all directives issued by the department and the Department of Health
333 regarding the use and expenditure of state and federal funds received from those departments
334 for the purpose of providing mental health programs and services. The department and
335 Department of Health shall ensure that those directives are not duplicative or conflicting, and
336 shall consult and coordinate with local mental health authorities with regard to programs and
337 services.
338 (4) (a) Each local mental health authority shall:
339 (i) review and evaluate mental health needs and services, including mental health needs
340 and services for persons incarcerated in a county jail or other county correctional facility;
341 (ii) as provided in Subsection (4)(b), annually prepare and submit to the division a
342 plan approved by the county legislative body for mental health funding and service delivery,
343 either directly by the local mental health authority or by contract;
344 (iii) establish and maintain, either directly or by contract, programs licensed under Title
345 62A, Chapter 2, Licensure of Programs and Facilities;
346 (iv) appoint, directly or by contract, a full-time or part-time director for mental health
347 programs and prescribe the director's duties;
348 (v) provide input and comment on new and revised policies established by the board;
349 (vi) establish and require contract providers to establish administrative, clinical,
350 personnel, financial, procurement, and management policies regarding mental health services
351 and facilities, in accordance with the policies of the board and state and federal law;
352 (vii) establish mechanisms allowing for direct citizen input;
353 (viii) annually contract with the division to provide mental health programs and
354 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
355 Mental Health Act;
356 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
357 contract requirements, and any directives resulting from those audits and contract requirements;
358 (x) provide funding equal to at least 20% of the state funds that it receives to fund
359 services described in the plan;
360 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
361 Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
362 Act, and Title 51, Chapter [
363 Interlocal Organizations, and Other Local Entities Act; and
364 (xii) take and retain physical custody of minors committed to the physical custody of
365 local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
366 Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
367 (b) Each plan under Subsection (4)(a)(ii) shall include services for adults, youth, and
368 children, which shall include:
369 (i) inpatient care and services;
370 (ii) residential care and services;
371 (iii) outpatient care and services;
372 (iv) 24-hour crisis care and services;
373 (v) psychotropic medication management;
374 (vi) psychosocial rehabilitation, including vocational training and skills development;
375 (vii) case management;
376 (viii) community supports, including in-home services, housing, family support
377 services, and respite services;
378 (ix) consultation and education services, including case consultation, collaboration
379 with other county service agencies, public education, and public information; and
380 (x) services to persons incarcerated in a county jail or other county correctional facility.
381 (5) Before disbursing any public funds, each local mental health authority shall require
382 that each entity that receives any public funds from a local mental health authority agrees in
383 writing that:
384 (a) the entity's financial records and other records relevant to the entity's performance
385 of the services provided to the mental health authority shall be subject to examination by:
386 (i) the division;
387 (ii) the local mental health authority director;
388 (iii) (A) the county treasurer and county or district attorney; or
389 (B) if two or more counties jointly provide mental health services under an agreement
390 under Subsection (2), the designated treasurer and the designated legal officer;
391 (iv) the county legislative body; and
392 (v) in a county with a county executive that is separate from the county legislative
393 body, the county executive;
394 (b) the county auditor may examine and audit the entity's financial and other records
395 relevant to the entity's performance of the services provided to the local mental health
396 authority; and
397 (c) the entity will comply with the provisions of Subsection (3)(b).
398 (6) A local mental health authority may receive property, grants, gifts, supplies,
399 materials, contributions, and any benefit derived therefrom, for mental health services. If those
400 gifts are conditioned upon their use for a specified service or program, they shall be so used.
401 (7) (a) As used in this section, "public funds" means the same as that term is defined in
402 Section 17-43-303 .
403 (b) Public funds received for the provision of services pursuant to the local mental
404 health plan may not be used for any other purpose except those authorized in the contract
405 between the local mental health authority and the provider for the provision of plan services.
406 Section 8. Section 17A-1-444 is amended to read:
407 17A-1-444. Independent audits required.
408 Independent audits of all districts are required to be performed in conformity with Title
409 51, Chapter [
410 and Other Local Entities Act. The governing body shall appoint an independent auditor for the
411 purpose of complying with the requirements of this section and with Title 51, Chapter [
412 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
413 Entities Act.
414 Section 9. Section 17A-1-501 is amended to read:
415 17A-1-501. Definitions.
416 As used in this part:
417 (1) "Audit reports" means the reports of any independent audit of the district performed
418 by:
419 (a) an independent auditor as required by Title 51, Chapter [
420 from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
421 (b) the state auditor; or
422 (c) the legislative auditor.
423 (2) "Board" means the governing body of any special district.
424 (3) "Budget" means a plan of financial operations for a fiscal year that includes:
425 (a) estimates of proposed expenditures for given purposes and the proposed means of
426 financing them;
427 (b) the source and amount of estimated revenue for the district for the fiscal year;
428 (c) fund balance in each fund at the beginning of the fiscal year and the projected fund
429 balance for each fund at the end of the fiscal year; and
430 (d) capital projects or budgets for proposed construction or improvement to capital
431 facilities within the district.
432 (4) "Constituent entity" means any county, city, or town that levies property taxes
433 within the boundaries of the district.
434 (5) (a) "Customer agencies" means those governmental entities, except school districts,
435 institutions of higher education, and federal government agencies that purchase or obtain
436 services from the special district.
437 (b) "Customer agencies" for purposes of state agencies means the state auditor.
438 (6) "Independent special district" means any special district established under authority
439 of Title 17A, Chapter 2.
440 Section 10. Section 17A-2-325 is amended to read:
441 17A-2-325. Creation of districts authorized.
442 Improvement districts may be created within this state under authority of Chapter 24,
443 Laws of Utah, 1949, as amended by this session of the Legislature, despite the fact that all or
444 any part of any district thereby created lies within the boundaries of a water [
445 conservancy district theretofore or thereafter created under authority of [
446 Water Conservancy Districts.
447 Section 11. Section 17A-2-1051 is amended to read:
448 17A-2-1051. Members of board subject to recall.
449 (1) (a) A member of the board of trustees of a district is subject to recall at any time by
450 the governing body of the municipality, county, or unincorporated county area from which the
451 member is appointed.
452 (b) A recall of a member of the board of trustees shall be made in the same manner as
453 original appointment.
454 (c) The appointing entities shall provide written notice to the member of the board of
455 trustees being recalled.
456 (2) Upon written notice to the board, a member may resign the board member's
457 position as trustee.
458 (3) If a member of the board is recalled or resigns under this section, the vacancy shall
459 be filled in accordance with Subsection 17A-2-1038 [
460 Section 12. Section 17A-2-1409 is amended to read:
461 17A-2-1409. Board of trustees -- Selection of members -- Number --
462 Qualifications -- Terms -- Vacancies -- Surety bonds -- Meetings -- Reports.
463 (1) (a) Within 45 days after entry of the decree incorporating the district, the board of
464 trustees shall be selected as provided in this Subsection (1).
465 (b) For a district that consists of a single county, the county legislative body of that
466 county shall appoint each trustee.
467 (c) (i) For a district that consists of more than a single county, the governor, with the
468 consent of the Senate, shall appoint each trustee from nominees submitted as provided in this
469 Subsection (1)(c).
470 (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
471 incorporated cities, the legislative body of each city within the division shall submit two
472 nominees per trustee.
473 (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a city may submit
474 fewer than two nominees per trustee if the legislative body certifies in writing to the governor
475 that the legislative body is unable, after reasonably diligent effort, to identify two nominees
476 who are willing and qualified to serve as trustee.
477 (iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the
478 county legislative body of the county in which the division is located shall submit three
479 nominees per trustee.
480 (B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
481 fewer than three nominees per trustee if the county legislative body certifies in writing to the
482 governor that the county legislative body is unable, after reasonably diligent effort, to identify
483 three nominees who are willing and qualified to serve as trustee.
484 (iv) If a trustee represents a division located in more than one county, the county
485 governing bodies of those counties shall collectively compile the list of three nominees.
486 (v) For purposes of this Subsection (1)(c), a city that is located in more than one county
487 shall be considered to be located in only the county in which more of the city area is located
488 than in any other county.
489 (d) In districts where substantial water is allocated for irrigated agriculture, one trustee
490 appointed in that district shall be a person who owns irrigation rights and uses those rights as
491 part of that person's livelihood.
492 (2) (a) The court shall establish the number, representation, and votes of trustees for
493 each district in the decree creating the district. The board of trustees of the district shall consist
494 of not more than 11 persons who are residents of the district. If the district consists of five or
495 more counties, the board of trustees shall consist of not more than 21 persons who are residents
496 of the district.
497 (b) At least 90 days before expiration of a trustee's term, the secretary of the board
498 shall:
499 (i) give written notice of vacancies in any office of trustee and of the expiration date of
500 terms of office of trustees to the county legislative body in single county districts and to the
501 nominating entities and the governor in all other districts; and
502 (ii) publish the notice in a newspaper having general circulation.
503 (c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a
504 vacancy in the office of trustee, the legislative body of the city or the county legislative body,
505 as the case may be, shall nominate candidates to fill the unexpired term of office pursuant to
506 Subsection (1).
507 (ii) If the entity charged with nominating candidates for appointment by the governor
508 has not submitted the list of nominees within 90 days after service of the notice, the governor
509 shall make the appointment from qualified candidates without consultation with the legislative
510 body of the city or the county legislative body.
511 (iii) If the governor fails to appoint, the incumbent shall continue to serve until a
512 successor is appointed and qualified.
513 (iv) Appointment by the governor vests in the appointee, upon qualification, the
514 authority to discharge the duties of trustee, subject only to the consent of the Senate.
515 (d) Each trustee shall hold office during the term for which appointed and until a
516 successor is duly appointed and has qualified.
517 (3) Each trustee shall furnish a corporate surety bond at the expense of the district, in
518 amount and form fixed and approved by the court, conditioned for the faithful performance of
519 duties as a trustee.
520 (4) (a) A report of the business transacted during the preceding year by the district,
521 including a financial report prepared by certified public accountants, shall be filed with:
522 (i) the clerk of the district court;
523 (ii) the governing bodies of counties with lands within the district; and
524 (iii) cities charged with nominating trustees.
525 (b) No more than 14 days and no less than five days prior to the annual meeting, the
526 district shall have published at least once in a newspaper having general circulation within the
527 district:
528 (i) a notice of the annual meeting; and
529 (ii) the names of the trustees.
530 (c) The district shall have published a summary of its financial report in a newspaper
531 having general circulation within the district. The summary shall be published no later than 30
532 days after the date the audit report required under Title 51, Chapter [
533 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
534 Entities Act, is required to be filed with the state auditor.
535 (d) Subsections (4)(b) and (c) do not apply to districts with annual revenues of less
536 than $1,000,000.
537 Section 13. Section 17B-2-515.5 is amended to read:
538 17B-2-515.5. Automatic annexation to a district providing fire protection,
539 paramedic, and emergency services.
540 (1) An area outside the boundaries of a local district that is annexed to a municipality
541 or added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4,
542 Annexation, is automatically annexed to the local district if:
543 (a) the local district provides fire protection, paramedic, and emergency services;
544 (b) an election for the creation of the local district was not required because of
545 Subsection 17B-2-214 (3)(c); and
546 (c) before the municipal annexation or boundary adjustment, the entire municipality
547 that is annexing the area or adding the area by boundary adjustment was included within the
548 local district.
549 (2) The effective date of an annexation under this section is governed by Subsection
550 17B-2-514 [
551 Section 14. Section 17B-4-1304 is amended to read:
552 17B-4-1304. Audit requirements.
553 Each agency shall comply with the audit requirements of Title 51, Chapter [
554
555 Local Entities Act.
556 Section 15. Section 20A-3-302 is amended to read:
557 20A-3-302. Absentee voting -- No polling place for remote districts.
558 (1) Whenever, on the 60th day before an election, there are 500 or [
559 registered to vote in a voting precinct, the county legislative body of the county in which the
560 voting precinct is located may elect to administer an election entirely by absentee ballot.
561 (2) If the county legislative body of the county in which the voting precinct is located
562 decides to administer an election entirely by absentee ballot, the county clerk shall mail to each
563 registered voter within that voting precinct:
564 (a) an absentee ballot;
565 (b) a statement that there will be no polling place for the election;
566 (c) instructions for returning the ballot that include an express notice about any
567 relevant deadlines that the voter must meet in order for his vote to be counted; and
568 (d) a warning, on a separate page of colored paper in bold face print, indicating that if
569 the voter fails to follow the instructions included with the absentee ballot, he will be unable to
570 vote in that election because there will be no polling place in the voting precinct on the day of
571 the election.
572 (3) Any voter who votes by absentee ballot under this subsection is not required to
573 apply for an absentee ballot as required by this part.
574 (4) (a) The county clerk of a county that administers an election entirely by absentee
575 ballot shall:
576 (i) obtain, in person, the signatures of each voter within that voting precinct before the
577 election; and
578 (ii) maintain the signatures on file in the county clerk's office.
579 (b) (i) Upon receiving the returned absentee ballots, the county clerk shall compare the
580 signature on each absentee ballot with the voter's signature that is maintained on file and verify
581 that the signatures are the same.
582 (ii) If the county clerk questions the authenticity of the signature on the absentee ballot,
583 the clerk shall immediately contact the voter to verify the signature.
584 (iii) If the voter does not confirm his signature on the absentee ballot, the county clerk
585 shall:
586 (A) immediately send another absentee ballot and other voting materials as required by
587 this subsection to the voter; and
588 (B) disqualify the initial absentee ballot.
589 Section 16. Section 20A-9-202 is amended to read:
590 20A-9-202. Declarations of candidacy for regular general elections --
591 Requirements for candidates.
592 (1) (a) Each person seeking to become a candidate for elective office for any county
593 office that is to be filled at the next regular general election shall:
594 (i) file a declaration of candidacy in person with the county clerk [
595 after March 7 and before 5 p.m. on the March 17 before the next regular general election; and
596 (ii) pay the filing fee.
597 (b) Each person intending to become a candidate for any legislative office or
598 multicounty office that is to be filled at the next regular general election shall:
599 (i) file a declaration of candidacy in person with either the lieutenant governor or the
600 county clerk in the candidate's county of residence [
601 before 5 p.m. on the March 17 before the next regular general election; and
602 (ii) pay the filing fee.
603 (c) (i) Each county clerk who receives a declaration of candidacy from a candidate for
604 multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
605 candidacy to the lieutenant governor within one working day after it is filed.
606 (ii) Each day during the filing period, each county clerk shall notify the lieutenant
607 governor electronically or by telephone of legislative candidates who have filed in their office.
608 (d) Each person seeking to become a candidate for elective office for any federal office
609 or constitutional office that is to be filled at the next regular general election shall:
610 (i) file a declaration of candidacy in person with the lieutenant governor [
611 on or after March 7 and before 5 p.m. on the March 17 before the next regular general election;
612 and
613 (ii) pay the filing fee.
614 (e) Each person seeking the office of lieutenant governor, the office of district attorney,
615 or the office of President or Vice President of the United States shall comply with the specific
616 declaration of candidacy requirements established by this section.
617 (2) (a) Each person intending to become a candidate for the office of district attorney
618 within a multicounty prosecution district that is to be filled at the next regular general election
619 shall:
620 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
621 creating the prosecution district [
622 March 17 before the next regular general election; and
623 (ii) pay the filing fee.
624 (b) The designated clerk shall provide to the county clerk of each county in the
625 prosecution district a certified copy of each declaration of candidacy filed for the office of
626 district attorney.
627 (3) (a) Within five working days of nomination, each lieutenant governor candidate
628 shall:
629 (i) file a declaration of candidacy with the lieutenant governor; and
630 (ii) pay the filing fee.
631 (b) (i) Any candidate for lieutenant governor who fails to file within five working days
632 is disqualified.
633 (ii) If a lieutenant governor is disqualified, another candidate shall be nominated to
634 replace the disqualified candidate.
635 (4) Each registered political party shall:
636 (a) certify the names of its candidates for President and Vice President of the United
637 States to the lieutenant governor by September 3; or
638 (b) provide written authorization for the lieutenant governor to accept the certification
639 of candidates for President and Vice President of the United States from the national office of
640 the registered political party.
641 (5) (a) A declaration of candidacy filed under this section is valid unless a written
642 objection is filed with the clerk or lieutenant governor within five days after the last day for
643 filing.
644 (b) If an objection is made, the clerk or lieutenant governor shall:
645 (i) mail or personally deliver notice of the objection to the affected candidate
646 immediately; and
647 (ii) decide any objection within 48 hours after it is filed.
648 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
649 problem by amending the declaration or petition within three days after the objection is
650 sustained or by filing a new declaration within three days after the objection is sustained.
651 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
652 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
653 by a district court if prompt application is made to the court.
654 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
655 of its discretion, agrees to review the lower court decision.
656 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
657 filing a written affidavit with the clerk.
658 Section 17. Section 26-6b-3 is amended to read:
659 26-6b-3. Temporary involuntary treatment, isolation, and quarantine.
660 (1) The department, or the local health department having jurisdiction over the location
661 where an individual who is subject to supervision is found, may issue an order for the
662 individual's temporary involuntary treatment, quarantine, or isolation pursuant to Subsection
663 26-1-30 (2), 26A-1-114 (1)(b), or Section 26-6-4 upon compliance with the requirements of this
664 section.
665 (2) An individual who is subject to supervision who willfully fails to voluntarily
666 submit to treatment, quarantine, or isolation as requested by the department or the local health
667 department may be ordered to submit to treatment, quarantine, or isolation upon:
668 (a) written affidavit of the department or the local health department stating:
669 (i) a belief that the individual who is subject to supervision is likely to fail to submit to
670 treatment, quarantine, or isolation if not immediately restrained;
671 (ii) this failure would pose a threat to the public health; and
672 (iii) the personal knowledge of the individual's condition or the circumstances that lead
673 to that belief; and
674 (b) a written statement by a licensed physician indicating the physician finds the
675 individual is subject to supervision.
676 (3) A temporary order issued under Subsection (1) may:
677 (a) be made by the department or by the local health department;
678 (b) order the individual to submit to reasonable involuntary treatment, quarantine, and
679 isolation, or any of these; and
680 (c) not require an individual to be subject to [
681 isolation, or treatment for more than five days, excluding Saturdays, Sundays, and legal
682 holidays, unless a petition has been filed with the district court pursuant to Section 26-6b-5 .
683 (4) (a) Pending issuance of an examination order pursuant to Section 26-6b-5 or an
684 order for involuntary quarantine, isolation, or treatment from a district court pursuant to
685 Section 26-6b-6 , the individual who is the subject of the temporary order may be required to
686 submit to involuntary quarantine, isolation, or treatment in his home, a hospital, or any other
687 suitable facility under reasonable conditions prescribed by the department or the local health
688 department.
689 (b) The department or the local health department, whichever initially ordered the
690 quarantine, isolation, or treatment, shall take reasonable measures, including the provision of
691 medical care, as may be necessary to assure proper care related to the reason for the involuntary
692 treatment, isolation, or quarantine of an individual ordered to submit to involuntary treatment,
693 isolation, or quarantine.
694 (5) The individual who is subject to supervision shall be served a copy of the
695 temporary order, together with the affidavit and the physician's written statement, upon being
696 taken into custody. A copy shall also be maintained at the place of quarantine, isolation, or
697 treatment.
698 Section 18. Section 31A-22-716 is amended to read:
699 31A-22-716. Required provision for notice of termination.
700 (1) Every policy for group or blanket accident and health coverage issued or renewed
701 after July 1, 1990, shall include a provision that obligates the policyholder to give 30 days prior
702 written notice of termination to each employee or group member and to notify each employee
703 or group member of his rights to continue coverage upon termination.
704 (2) An insurer's monthly notice to the policyholder of premium payments due shall
705 include a statement of the policyholder's obligations as set forth in Subsection (1). Insurers
706 shall provide a sample notice to the policyholder at least once a year.
707 (3) For the purpose of compliance with federal law and the Health Insurance Portability
708 and Accountability Act, P.L. No. 104-191, 110 Stat. 1960, all health benefit plans, health
709 insurers, and student health plans must provide a certificate of creditable coverage to each
710 covered person upon [
711 possible.
712 Section 19. Section 32A-12-505 is amended to read:
713 32A-12-505. Lawful transportation.
714 Nothing contained in [
715 carrier from:
716 (1) transporting alcoholic products in the course of export from the state; or
717 (2) transporting alcoholic products across any part of this state while in transit pursuant
718 to a bona fide consignment of the alcoholic products to a person outside of this state.
719 Section 20. Section 34A-2-103 is amended to read:
720 34A-2-103. Employers enumerated and defined -- Regularly employed --
721 Statutory employers.
722 (1) (a) The state, and each county, city, town, and school district in the state are
723 considered employers under this chapter and Chapter 3, Utah Occupational Disease Act.
724 (b) For the purposes of the exclusive remedy in this chapter and Chapter 3, Utah
725 Occupational Disease Act prescribed in Sections 34A-2-105 and 34A-3-102 , the state is
726 considered to be a single employer and includes any office, department, agency, authority,
727 commission, board, institution, hospital, college, university, or other instrumentality of the
728 state.
729 (2) Except as provided in Subsection (4), each person, including each public utility and
730 each independent contractor, who regularly employs one or more workers or operatives in the
731 same business, or in or about the same establishment, under any contract of hire, express or
732 implied, oral or written, is considered an employer under this chapter and Chapter 3, Utah
733 Occupational Disease Act. As used in this Subsection (2):
734 (a) "Independent contractor" means any person engaged in the performance of any
735 work for another who, while so engaged, is:
736 (i) independent of the employer in all that pertains to the execution of the work;
737 (ii) not subject to the routine rule or control of the employer;
738 (iii) engaged only in the performance of a definite job or piece of work; and
739 (iv) subordinate to the employer only in effecting a result in accordance with the
740 employer's design.
741 (b) "Regularly" includes all employments in the usual course of the trade, business,
742 profession, or occupation of the employer, whether continuous throughout the year or for only a
743 portion of the year.
744 (3) (a) The client company in an employee leasing arrangement under Title 58, Chapter
745 59, Professional Employer Organization [
746 employer of leased employees and shall secure workers' compensation benefits for them by
747 complying with Subsection 34A-2-201 (1) or (2) and commission rules.
748 (b) Insurance carriers may underwrite workers' compensation secured in accordance
749 with Subsection (3)(a) showing the leasing company as the named insured and each client
750 company as an additional insured by means of individual endorsements.
751 (c) Endorsements shall be filed with the division as directed by commission rule.
752 (d) The division shall promptly inform the Division of Occupation and Professional
753 Licensing within the Department of Commerce if the division has reason to believe that an
754 employee leasing company is not in compliance with Subsection 34A-2-201 (1) or (2) and
755 commission rules.
756 (4) A domestic employer who does not employ one employee or more than one
757 employee at least 40 hours per week is not considered an employer under this chapter and
758 Chapter 3, Utah Occupational Disease Act.
759 (5) (a) As used in this Subsection (5):
760 (i) (A) "agricultural employer" means a person who employs agricultural labor as
761 defined in Subsections 35A-4-206 (1) and (2) and does not include employment as provided in
762 Subsection 35A-4-206 (3); and
763 (B) notwithstanding Subsection (5)(a)(i)(A), only for purposes of determining who is a
764 member of the employer's immediate family under Subsection (5)(a)(ii), if the agricultural
765 employer is a corporation, partnership, or other business entity, "agricultural employer" means
766 an officer, director, or partner of the business entity;
767 (ii) "employer's immediate family" means:
768 (A) an agricultural employer's:
769 (I) spouse;
770 (II) grandparent;
771 (III) parent;
772 (IV) sibling;
773 (V) child;
774 (VI) grandchild;
775 (VII) nephew; or
776 (VIII) niece;
777 (B) a spouse of any person provided in Subsection (5)(a)(ii)(A)(II) through (VIII); or
778 (C) an individual who is similar to those listed in Subsections (5)(a)(ii)(A) or (B) as
779 defined by rules of the commission; and
780 (iii) "nonimmediate family" means a person who is not a member of the employer's
781 immediate family.
782 (b) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
783 agricultural employer is not considered an employer of a member of the employer's immediate
784 family.
785 (c) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
786 agricultural employer is not considered an employer of a nonimmediate family employee if:
787 (i) for the previous calendar year the agricultural employer's total annual payroll for all
788 nonimmediate family employees was less than $8,000; or
789 (ii) (A) for the previous calendar year the agricultural employer's total annual payroll
790 for all nonimmediate family employees was equal to or greater than $8,000 but less than
791 $50,000; and
792 (B) the agricultural employer maintains insurance that covers job-related injuries of the
793 employer's nonimmediate family employees in at least the following amounts:
794 (I) $300,000 liability insurance, as defined in Section 31A-1-301 ; and
795 (II) $5,000 for health care benefits similar to benefits under health care insurance as
796 defined in Section 31A-1-301 .
797 (d) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
798 agricultural employer is considered an employer of a nonimmediate family employee if:
799 (i) for the previous calendar year the agricultural employer's total annual payroll for all
800 nonimmediate family employees is equal to or greater than $50,000; or
801 (ii) (A) for the previous year the agricultural employer's total payroll for nonimmediate
802 family employees was equal to or exceeds $8,000 but is less than $50,000; and
803 (B) the agricultural employer fails to maintain the insurance required under Subsection
804 (5)(c)(ii).
805 (6) An employer of agricultural laborers or domestic servants who is not considered an
806 employer under this chapter and Chapter 3, Utah Occupational Disease Act, may come under
807 this chapter and Chapter 3, Utah Occupational Disease Act, by complying with:
808 (a) this chapter and Chapter 3, Utah Occupational Disease Act; and
809 (b) the rules of the commission.
810 (7) (a) If any person who is an employer procures any work to be done wholly or in
811 part for the employer by a contractor over whose work the employer retains supervision or
812 control, and this work is a part or process in the trade or business of the employer, the
813 contractor, all persons employed by the contractor, all subcontractors under the contractor, and
814 all persons employed by any of these subcontractors, are considered employees of the original
815 employer for the purposes of this chapter and Chapter 3, Utah Occupational Disease Act.
816 (b) Any person who is engaged in constructing, improving, repairing, or remodelling a
817 residence that the person owns or is in the process of acquiring as the person's personal
818 residence may not be considered an employee or employer solely by operation of Subsection
819 (7)(a).
820 (c) A partner in a partnership or an owner of a sole proprietorship may not be
821 considered an employee under Subsection (7)(a) if the employer who procures work to be done
822 by the partnership or sole proprietorship obtains and relies on either:
823 (i) a valid certification of the partnership's or sole proprietorship's compliance with
824 Section 34A-2-201 indicating that the partnership or sole proprietorship secured the payment of
825 workers' compensation benefits pursuant to Section 34A-2-201 ; or
826 (ii) if a partnership or sole proprietorship with no employees other than a partner of the
827 partnership or owner of the sole proprietorship, a workers' compensation policy issued by an
828 insurer pursuant to Subsection 31A-21-104 (8) stating that:
829 (A) the partnership or sole proprietorship is customarily engaged in an independently
830 established trade, occupation, profession, or business; and
831 (B) the partner or owner personally waives the partner's or owner's entitlement to the
832 benefits of this chapter and Chapter 3, Utah Occupational Disease Act, in the operation of the
833 partnership or sole proprietorship.
834 (d) A director or officer of a corporation may not be considered an employee under
835 Subsection (7)(a) if the director or officer is excluded from coverage under Subsection
836 34A-2-104 (4).
837 (e) A contractor or subcontractor is not an employee of the employer under Subsection
838 (7)(a), if the employer who procures work to be done by the contractor or subcontractor obtains
839 and relies on either:
840 (i) a valid certification of the contractor's or subcontractor's compliance with Section
841 34A-2-201 ; or
842 (ii) if a partnership, corporation, or sole proprietorship with no employees other than a
843 partner of the partnership, officer of the corporation, or owner of the sole proprietorship, a
844 workers' compensation policy issued by an insurer pursuant to Subsection 31A-21-104 (8)
845 stating that:
846 (A) the partnership, corporation, or sole proprietorship is customarily engaged in an
847 independently established trade, occupation, profession, or business; and
848 (B) the partner, corporate officer, or owner personally waives the partner's, corporate
849 officer's, or owner's entitlement to the benefits of this chapter and Chapter 3, Utah
850 Occupational Disease Act, in the operation of the partnership's, corporation's, or sole
851 proprietorship's enterprise under a contract of hire for services.
852 Section 21. Section 34A-2-105 is amended to read:
853 34A-2-105. Exclusive remedy against employer, and officer, agent, or employee of
854 employer _ Employee leasing arrangements.
855 (1) The right to recover compensation pursuant to this chapter for injuries sustained by
856 an employee, whether resulting in death or not, shall be the exclusive remedy against the
857 employer and shall be the exclusive remedy against any officer, agent, or employee of the
858 employer and the liabilities of the employer imposed by this chapter shall be in place of any
859 and all other civil liability whatsoever, at common law or otherwise, to the employee or to the
860 employee's spouse, widow, children, parents, dependents, next of kin, heirs, personal
861 representatives, guardian, or any other person whomsoever, on account of any accident or
862 injury or death, in any way contracted, sustained, aggravated, or incurred by the employee in
863 the course of or because of or arising out of the employee's employment, and no action at law
864 may be maintained against an employer or against any officer, agent, or employee of the
865 employer based upon any accident, injury, or death of an employee. Nothing in this section,
866 however, shall prevent an employee, or the employee's dependents, from filing a claim for
867 compensation in those cases in accordance with Chapter 3, Utah Occupational Disease Act.
868 (2) The exclusive remedy provisions of this section apply to both the client company
869 and the employee leasing company in an employee leasing arrangement under Title 58, Chapter
870 59, Professional Employer Organization [
871 (3) (a) For purposes of this section:
872 (i) "Temporary employee" means an individual who for temporary work assignment is:
873 (A) an employee of a temporary staffing company; or
874 (B) registered by or otherwise associated with a temporary staffing company.
875 (ii) "Temporary staffing company" means a company that engages in the assignment of
876 individuals as temporary full-time or part-time employees to fill assignments with a finite
877 ending date to another independent entity.
878 (b) If the temporary staffing company secures the payment of workers' compensation in
879 accordance with Section 34A-2-201 for all temporary employees of the temporary staffing
880 company, the exclusive remedy provisions of this section apply to both the temporary staffing
881 company and the client company and its employees and provide the temporary staffing
882 company the same protection that a client company and its employees has under this section for
883 the acts of any of the temporary staffing company's temporary employees on assignment at the
884 client company worksite.
885 Section 22. Section 35A-3-608 is amended to read:
886 35A-3-608. Schedule of payments to be paid upon liability -- Establishment --
887 Cancellation.
888 (1) At any time, the department may:
889 (a) consistent with the income, earning capacity, and resources of the obligor, set or
890 reset the level and schedule of payments to be paid upon the liability; and
891 (b) at any time, cancel the schedule of payments and demand immediate payment in
892 full.
893 (2) The department may recover an overpayment through deductions from cash
894 assistance or food stamps pursuant to Section [
895 Section 23. Section 38-1-27.2 is amended to read:
896 38-1-27.2. Notice to subcontractor.
897 (1) As used in this section, "project" means a project or improvement for which [
898
899 [
900 (2) If a subcontractor requests a notice described in this [
901 original contractor shall provide notice:
902 (a) to the subcontractor who requests the notice described in this [
903 section;
904 (b) within 14 calendar days after the day on which the subcontractor requests the notice
905 described in this [
906 (c) informing the subcontractor of each preliminary notice the original contractor has
907 received for the project.
908 Section 24. Section 41-1a-1314 is amended to read:
909 41-1a-1314. Unauthorized control for extended time.
910 (1) Except as provided in Subsection (3), it is a class A misdemeanor for a person to
911 exercise unauthorized control over a motor vehicle that is not his own, without the consent of
912 the owner or lawful custodian, and with the intent to temporarily deprive the owner or lawful
913 custodian of possession of the motor vehicle.
914 (2) The consent of the owner or legal custodian of a motor vehicle to its control by the
915 actor is not in any case presumed or implied because of the owner's or legal custodian's consent
916 on a previous occasion to the control of the motor vehicle by the same or a different person.
917 (3) Violation of this section is a third degree felony if:
918 (a) the person does not return the motor vehicle to the owner or lawful custodian within
919 24 hours after the exercise of unlawful control; or
920 (b) regardless of the mental state or conduct of the person committing the offense:
921 (i) the motor vehicle is damaged in an amount of $500 or more;
922 (ii) the motor vehicle is used to commit a felony; or
923 (iii) the motor vehicle is damaged in any amount to facilitate entry into it or its
924 operation.
925 (4) It is not a defense to Subsection (3)(a) that someone other than the person, or an
926 agent of the person, returned the motor vehicle within 24 hours.
927 (5) A violation of this section is a lesser included offense of theft under Section
928 76-6-404 , when the theft is of an operable motor vehicle under Subsection
929 76-6-412 (1)(a)[
930 Section 25. Section 48-1-42 is amended to read:
931 48-1-42. Registration of limited liability partnerships.
932 (1) (a) A partnership shall register with the Division of Corporations and Commercial
933 Code by filing an application or a renewal statement:
934 (i) to become and to continue as a limited liability partnership; or
935 (ii) to do business in this state as a foreign limited liability partnership.
936 (b) The application or renewal statement shall include:
937 (i) the name of the limited liability partnership;
938 (ii) the address of its principal office;
939 (iii) if the principal office of the limited liability partnership is not located in this state,
940 the address of a registered office and the name and address of a registered agent for service of
941 process in this state;
942 (iv) the number of partners;
943 (v) a brief statement of the business in which the limited liability partnership engages;
944 (vi) a brief statement that the partnership is applying for, or seeking to renew its status
945 as a limited liability partnership; and
946 (vii) if a foreign limited liability partnership, an original certificate of fact or good
947 standing from the office of the [
948 authority of the state in which the limited liability partnership is formed.
949 (2) The application or renewal statement required by Subsection (1) shall be executed
950 by a majority in voting interest of the partners or by one or more partners authorized by the
951 partnership to execute an application or renewal statement.
952 (3) The application or renewal statement shall be accompanied by a filing fee
953 established under Section 63-38-3.2 .
954 (4) The division shall register as a limited liability partnership any partnership that
955 submits a completed application with the required fee.
956 (5) (a) The registration expires one year after the date an application is filed unless the
957 registration is voluntarily withdrawn by filing with the division a written withdrawal notice
958 executed by a majority in voting interest of the partners or by one or more partners authorized
959 to execute a withdrawal notice.
960 (b) Registration of a partnership as a limited liability partnership shall be renewed if no
961 earlier than 60 days before the date the registration expires and no later than the date of
962 expiration, the limited liability partnership files with the division a renewal statement.
963 (c) The division shall renew the registration as a limited liability partnership of any
964 limited liability partnership that timely submits a completed renewal statement with the
965 required fee.
966 (d) If a renewal statement is timely filed, the registration is effective for one year after
967 the date the registration would have expired but for the filing or the renewal statement.
968 (6) The status of a partnership as a limited liability partnership is not affected by
969 changes in the information stated in the application or renewal statement which take place after
970 the filing of an application or a renewal statement.
971 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
972 division may issue rules providing for the form content and submittal of applications for
973 registration or of renewal statements.
974 Section 26. Section 48-2c-1604 is amended to read:
975 48-2c-1604. Application for authority to transact business.
976 (1) A foreign company may apply for authority to transact business in this state by
977 delivering to the division for filing an application for authority to transact business setting
978 forth:
979 (a) its name and its assumed name, if any;
980 (b) the name of the state or country under whose law it is formed or organized;
981 (c) the nature of the business or purposes to be conducted or promoted in this state;
982 (d) its date of formation or organization and period of its duration;
983 (e) the street address of its principal office;
984 (f) the address of its registered office in this state and the name of its registered agent at
985 that office;
986 (g) the names and street addresses of its current managers, if it is a manager-managed
987 company, or of its members, if it is a member-managed company;
988 (h) the date it commenced or expects to commence transacting business in this state;
989 and
990 (i) any additional information the division may determine is necessary or appropriate to
991 determine whether the application for authority to transact business should be filed.
992 (2) The foreign company shall deliver with the completed application for authority to
993 transact business a certificate of existence, or a document of similar import, duly authorized by
994 the [
995 state or country under whose law it is formed or organized. The certificate of existence shall be
996 dated within 90 days prior to the filing of the application for authority to transact business by
997 the division.
998 (3) The foreign company shall include in the application for authority to transact
999 business, or in an accompanying document, the written consent to appointment by the
1000 designated registered agent in this state.
1001 Section 27. Section 48-2c-1612 is amended to read:
1002 48-2c-1612. Grounds for revocation.
1003 The division may commence a proceeding under Section 48-2c-1613 to revoke the
1004 authority of a foreign company to transact business in this state if:
1005 (1) the foreign company does not deliver its annual report to the division when it is
1006 due;
1007 (2) the foreign company does not pay when they are due any taxes, fees, or penalties
1008 imposed by this chapter or other applicable laws of this state;
1009 (3) the foreign company is without a registered agent or registered office in this state;
1010 (4) the foreign company does not inform the division under Section 48-2c-303 that its
1011 registered agent or registered office has changed, that its registered agent has resigned, or that
1012 its registered office has been discontinued;
1013 (5) an organizer, member, manager, or agent of the foreign company signs a document
1014 knowing it is false in any material respect with intent that the document be delivered to the
1015 division for filing; or
1016 (6) the division receives a duly authenticated certificate from the [
1017 lieutenant governor or other official having custody of limited liability company records in the
1018 state or country under whose law the foreign company is formed or organized stating that the
1019 foreign company has dissolved or disappeared as the result of a merger.
1020 Section 28. Section 49-12-202 is amended to read:
1021 49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission
1022 requirements -- Exceptions -- Nondiscrimination requirements.
1023 (1) (a) Unless excluded under Subsection (2) or (3), an employer is a participating
1024 employer and may not withdraw from participation in this system.
1025 (b) In addition to their participation in this system, participating employers may
1026 provide or participate in public or private retirement, supplemental or defined contribution
1027 plan, either directly or indirectly, for their employees.
1028 (2) An employer not initially admitted or included as a participating employer in this
1029 system prior to January 1, 1982, may be excluded from participation in this system if:
1030 (a) the employer elects not to provide or participate in any type of private or public
1031 retirement, supplemental or defined contribution plan, either directly or indirectly, for its
1032 employees, except for Social Security; or
1033 (b) the employer offers another collectively bargained retirement benefit and has
1034 continued to do so on an uninterrupted basis since that date.
1035 (3) An employer that is a charter school sponsored by the State Board of Education or a
1036 [
1037 53A-1a-512 may be excluded as a participating employer.
1038 (4) An employer who did not become a participating employer in this system prior to
1039 July 1, 1986, may not participate in this system.
1040 (5) If a participating employer purchases service credit on behalf of regular full-time
1041 employees for service rendered prior to the participating employer's admission to this system,
1042 the service credit shall be purchased in a nondiscriminatory manner on behalf of all current and
1043 former regular full-time employees who were eligible for service credit at the time service was
1044 rendered.
1045 Section 29. Section 49-13-202 is amended to read:
1046 49-13-202. Participation of employers -- Limitations -- Exclusions -- Admission
1047 requirements -- Nondiscrimination requirements.
1048 (1) (a) Unless excluded under Subsection (2) or (3), an employer is a participating
1049 employer and may not withdraw from participation in this system.
1050 (b) In addition to their participation in this system, participating employers may
1051 provide or participate in any additional public or private retirement, supplemental or defined
1052 contribution plan, either directly or indirectly, for their employees.
1053 (2) An employer not initially admitted or included as a participating employer in this
1054 system prior to January 1, 1982, may be excluded from participation in this system if:
1055 (a) the employer elects not to provide or participate in any type of private or public
1056 retirement, supplemental or defined contribution plan, either directly or indirectly, for its
1057 employees, except for Social Security; or
1058 (b) the employer offers another collectively bargained retirement benefit and has
1059 continued to do so on an uninterrupted basis since that date.
1060 (3) An employer that is a charter school sponsored by the State Board of Education or a
1061 [
1062 53A-1a-512 shall be excluded as a participating employer.
1063 (4) If an employer, except an employer that maintains a collectively bargained plan
1064 under Subsection (2)(b), elects at any time to provide or participate in any type of public or
1065 private retirement, supplemental or defined contribution plan, either directly or indirectly,
1066 except for Social Security, the employer shall be a participating employer in this system.
1067 (5) (a) Any employer may by resolution of its governing body apply for admission to
1068 this system.
1069 (b) Upon approval of the board, the employer is a participating employer in this system
1070 and is subject to this title.
1071 (6) If a participating employer purchases service credit on behalf of regular full-time
1072 employees for service rendered prior to the participating employer's admission to this system,
1073 the service credit shall be purchased in a nondiscriminatory manner on behalf of all current and
1074 former regular full-time employees who were eligible for service credit at the time service was
1075 rendered.
1076 Section 30. Section 51-5-4.5 is amended to read:
1077 51-5-4.5. Housing Corporation exempt.
1078 The Utah Housing Corporation [
1079 exempt from this chapter.
1080 Section 31. Section 51-7-2 is amended to read:
1081 51-7-2. Exemptions from chapter.
1082 The following funds are exempt from this chapter:
1083 (1) funds invested in accordance with the participating employees' designation or
1084 direction pursuant to a public employees' deferred compensation plan established and operated
1085 in compliance with Section 457 of the Internal Revenue Code of 1954, as amended;
1086 (2) funds of the Workers' Compensation Fund;
1087 (3) funds of the Utah State Retirement Board; and
1088 [
1089 [
1090 Section 32. Section 51-7-4 is amended to read:
1091 51-7-4. Transfer of functions, powers, and duties relating to public funds to state
1092 treasurer -- Exceptions -- Deposit of income from investment of state money.
1093 (1) Unless otherwise required by the Utah Constitution or applicable federal law, the
1094 functions, powers, and duties vested by law in each and every state officer, board, commission,
1095 institution, department, division, agency, and other similar instrumentalities relating to the
1096 deposit, investment, or reinvestment of public funds, and the purchase, sale, or exchange of any
1097 investments or securities of or for any funds or accounts under the control and management of
1098 these instrumentalities, are transferred to and shall be exercised by the state treasurer, except:
1099 (a) funds assigned to the Utah State Retirement Board for investment under Section
1100 49-11-302 ;
1101 (b) funds of member institutions of the state system of higher education:
1102 (i) acquired by gift, devise, or bequest, or by federal or private contract or grant;
1103 (ii) derived from student fees or from income from operations of auxiliary enterprises,
1104 which fees and income are pledged or otherwise dedicated to the payment of interest and
1105 principal of bonds issued by such institutions; and
1106 (iii) any other funds which are not included in the institution's work program as
1107 approved by the State Board of Regents;
1108 [
1109 [
1110 Programs for Prisoners;
1111 [
1112 [
1113 [
1114 (2) All public funds held or administered by the state or any of its boards,
1115 commissions, institutions, departments, divisions, agencies, or similar instrumentalities and not
1116 transferred to the state treasurer as provided by this section shall be:
1117 (a) deposited and invested by the custodian in accordance with this chapter, unless
1118 otherwise required by statute or by applicable federal law; and
1119 (b) reported to the state treasurer in a form prescribed by the state treasurer.
1120 (3) Unless otherwise provided by the constitution or laws of this state or by contractual
1121 obligation, the income derived from the investment of state money by the state treasurer shall
1122 be deposited in and become part of the General Fund.
1123 Section 33. Section 53-2-107 is amended to read:
1124 53-2-107. Search and Rescue Financial Assistance Program -- Uses -- Rulemaking
1125 -- Distribution.
1126 (1) "Reimbursable expenses," as used in this section, means those reasonable costs
1127 incidental to search and rescue activities, not including any salary or overtime paid to any
1128 person on a regular or permanent payroll, including permanent part-time employees, of any
1129 agency or political subdivision of the state, including:
1130 (a) rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
1131 (b) replacement and upgrade of search and rescue equipment;
1132 (c) training of search and rescue volunteers; and
1133 (d) any other equipment or expenses necessary or appropriate for conducting search
1134 and rescue activities.
1135 (2) There is created the Search and Rescue Financial Assistance Program within the
1136 division.
1137 (3) (a) The program shall be funded from the following revenue sources:
1138 (i) any voluntary contributions to the state received for search and rescue operations;
1139 (ii) monies received by the state under Section 23-19-42 and Section 41-22-34 ; and
1140 (iii) appropriations made to the program by the Legislature.
1141 (b) All funding for the program shall be nonlapsing.
1142 (4) The director shall use the monies to reimburse counties for all or a portion of each
1143 county's reimbursable expenses for search and rescue operations subject to:
1144 (a) the approval of the Search and Rescue Advisory Board as provided in Section
1145 [
1146 (b) monies available in the program; and
1147 (c) rules made under Subsection (7).
1148 (5) Program monies may not be used to reimburse for any paid personnel costs or paid
1149 man hours spent in emergency response and search and rescue related activities.
1150 (6) The Legislature finds that these funds are for a general and statewide public
1151 purpose.
1152 (7) The division, with the approval of the Search and Rescue Advisory Board, shall
1153 make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1154 consistent with this act, establishing:
1155 (a) the costs that qualify as reimbursable expenses;
1156 (b) the procedures of agencies to submit expenses and be reimbursed; and
1157 (c) a formula to govern the distribution of available monies between counties based on:
1158 (i) the total qualifying expenses submitted;
1159 (ii) the number of search and rescue incidents per county population;
1160 (iii) the number of victims that reside outside the county; and
1161 (iv) the number of volunteer hours spent in each county in emergency response and
1162 search and rescue related activities per county population.
1163 Section 34. Section 53A-17a-112 is amended to read:
1164 53A-17a-112. Preschool special education appropriation -- Extended year
1165 program appropriation -- Appropriation for special education programs in state
1166 institutions.
1167 (1) (a) Money appropriated to the State Board of Education for the preschool special
1168 education program in Section 53A-17a-104 shall be allocated to school districts to provide a
1169 free, appropriate public education to preschool students with a disability, ages three through
1170 five.
1171 (b) The monies shall be distributed on the basis of a school district's previous year
1172 December 1 disabled preschool child count as mandated by federal law.
1173 [
1174 disabled in Section 53A-17a-104 shall be limited to students with severe disabilities with
1175 education program goals identifying significant regression and recoupment disability as
1176 approved by the State Board of Education.
1177 [
1178 special education programs may not be used to supplement other school programs.
1179 (b) Monies in any of the other restricted line item appropriations may not be reduced
1180 more than 2% to be used for purposes other than those specified by the appropriation, unless
1181 otherwise provided by law.
1182 [
1183 of 1.47 times the current December 1 child count of eligible preschool aged three, four, and
1184 five-year-olds times the WPU value, limited to 8% growth over the prior year December 1
1185 count.
1186 (b) The board shall develop guidelines to implement the funding formula for preschool
1187 special education, and establish prevalence limits for distribution of the monies.
1188 Section 35. Section 58-1-307 is amended to read:
1189 58-1-307. Exemptions from licensure.
1190 (1) Except as otherwise provided by statute or rule, the following persons may engage
1191 in the practice of their occupation or profession, subject to the stated circumstances and
1192 limitations, without being licensed under this title:
1193 (a) a person serving in the armed forces of the United States, the United States Public
1194 Health Service, the United States Department of Veterans Affairs, or other federal agencies
1195 while engaged in activities regulated under this chapter as a part of employment with that
1196 federal agency if the person holds a valid license to practice a regulated occupation or
1197 profession issued by any other state or jurisdiction recognized by the division;
1198 (b) a student engaged in activities constituting the practice of a regulated occupation or
1199 profession while in training in a recognized school approved by the division to the extent the
1200 activities are supervised by qualified faculty, staff, or designee and the activities are a defined
1201 part of the training program;
1202 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
1203 fellowship, apprenticeship, or on-the-job training program approved by the division while
1204 under the supervision of qualified persons;
1205 (d) an individual residing in another state and licensed to practice a regulated
1206 occupation or profession in that state, who is called in for a consultation by an individual
1207 licensed in this state, and the services provided are limited to that consultation;
1208 (e) an individual who is invited by a recognized school, association, society, or other
1209 body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
1210 regulated occupation or profession if the individual does not establish a place of business or
1211 regularly engage in the practice of the regulated occupation or profession in this state;
1212 (f) an individual licensed under the laws of this state, other than under this title, to
1213 practice or engage in an occupation or profession, while engaged in the lawful, professional,
1214 and competent practice of that occupation or profession;
1215 (g) an individual licensed in a health care profession in another state who performs that
1216 profession while attending to the immediate needs of a patient for a reasonable period during
1217 which the patient is being transported from outside of this state, into this state, or through this
1218 state;
1219 (h) an individual licensed in another state or country who is in this state temporarily to
1220 attend to the needs of an athletic team or group, except that the practitioner may only attend to
1221 the needs of the athletic team or group, including all individuals who travel with the team or
1222 group in any capacity except as a spectator;
1223 (i) an individual licensed and in good standing in another state, who is in this state:
1224 (i) temporarily, under the invitation and control of a sponsoring entity;
1225 (ii) for a reason associated with a special purpose event, based upon needs that may
1226 exceed the ability of this state to address through its licensees, as determined by the division;
1227 and
1228 (iii) for a limited period of time not to exceed the duration of that event, together with
1229 any necessary preparatory and conclusionary periods;
1230 (j) an individual who:
1231 (i) is certified as an athletic trainer by the National Athletic Trainers Association Board
1232 of Certification or another entity approved by the division;
1233 (ii) is employed or officially associated with an educational institution, a professional
1234 sports organization, or a bona fide amateur sports organization; and
1235 (iii) only provides athletic training services:
1236 (A) to athletes of the educational institution or sports organization to which the
1237 individual is employed or officially associated;
1238 (B) at an official athletic training, practice, or competition site; and
1239 (C) that are within the scope of the individual's certification; and
1240 (k) a law enforcement officer, as defined under Section 53-13-103 , who:
1241 (i) is operating a voice stress analyzer in the course of the officer's full-time
1242 employment with a federal, state, or local law enforcement agency;
1243 (ii) has completed the manufacturer's training course and is certified by the
1244 manufacturer to operate that voice stress analyzer; and
1245 (iii) is operating the voice stress analyzer in accordance with Section 58-64-601 ,
1246 regarding deception detection instruments.
1247 (2) A practitioner temporarily in this state who is exempted from licensure under
1248 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
1249 practitioner derives authority to practice. Violation of any limitation imposed by this section
1250 constitutes grounds for removal of exempt status, denial of license, or other disciplinary
1251 proceedings.
1252 (3) An individual who is licensed under a specific chapter of this title to practice or
1253 engage in an occupation or profession may engage in the lawful, professional, and competent
1254 practice of that occupation or profession without additional licensure under other chapters of
1255 this title, except as otherwise provided by this title.
1256 (4) Upon the declaration of a national, state, or local emergency, a public health
1257 emergency as defined in Section 26-23b-102 , or a declaration by the President of the United
1258 States or other federal official requesting public health-related activities, the division in
1259 collaboration with the board may:
1260 (a) suspend the requirements for permanent or temporary licensure of persons who are
1261 licensed in another state. Persons exempt under this Subsection (4)(a) shall be exempt from
1262 licensure for the duration of the emergency while engaged in the scope of practice for which
1263 they are licensed in the other state;
1264 (b) modify, under the circumstances described in this Subsection (4) and Subsection
1265 (5), the scope of practice restrictions under this title for persons who are licensed under this
1266 title as:
1267 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
1268 Osteopathic Medical Practice Act;
1269 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
1270 Compact;
1271 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
1272 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
1273 Pharmacy Practice Act;
1274 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act; and
1275 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
1276 Practice Act;
1277 (c) suspend the requirements for licensure under this title and modify the scope of
1278 practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
1279 services personnel or paramedics required to be certified under Section 26-8a-302 ; and
1280 (d) suspend requirements in Subsections 58-17b-620 (3) through (6) which require
1281 certain prescriptive procedures.
1282 (5) Persons exempt under Subsection (4)(c) and persons operating under modified
1283 scope of practice provisions under Subsection (4)(b):
1284 (a) shall be exempt from licensure or subject to modified scope of practice for the
1285 duration of the emergency;
1286 (b) must be engaged in the distribution of medicines or medical [
1287 response to the emergency or declaration; and
1288 (c) must be employed by or volunteering for a local or state department of health.
1289 Section 36. Section 58-16a-501 is amended to read:
1290 58-16a-501. Unlawful conduct.
1291 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501 :
1292 (1) buying, selling, or fraudulently obtaining, any optometry diploma, license,
1293 certificate, or registration;
1294 (2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
1295 diploma, license, certificate, or registration;
1296 (3) selling or providing contact lenses in a manner inconsistent with Section
1297 58-16a-801 or intentionally altering a prescription unless the person selling or providing the
1298 lenses is a licensed optometrist or ophthalmologist; or
1299 (4) representing oneself as or using the title of "optometrist," "optometric physician,"
1300 "doctor of optometry," or "O.D.," unless currently licensed under this chapter.
1301 Section 37. Section 58-17b-309 is amended to read:
1302 58-17b-309. Exemptions from licensure.
1303 (1) In addition to the exemptions from licensure in Section 58-1-307 , the following
1304 individuals may engage in the acts or practices described in this Subsection (1) without being
1305 licensed under this chapter:
1306 (a) a person selling or providing contact lenses in accordance with Section 58-16a-801 ;
1307 and
1308 (b) an individual engaging in the practice of pharmacy technician under the direct
1309 personal supervision of a pharmacist while making satisfactory progress in an approved
1310 program as defined in division rule.
1311 (2) In accordance with Subsection 58-1-303 (1)(a), an individual exempt under
1312 Subsection (1)(b) must take all examinations as required by division rule following completion
1313 of an approved curriculum of education, within the required time frame. This exemption
1314 expires immediately upon notification of a failing score of an examination, and the individual
1315 may not continue working as a pharmacy technician even under direct supervision.
1316 Section 38. Section 58-31d-103 is amended to read:
1317 58-31d-103. Rulemaking authority -- Enabling provisions.
1318 (1) The division may adopt rules necessary to implement Section 58-31d-102 .
1319 (2) As used in Article VIII (1) of the Advanced Practice Registered Nurse Compact,
1320 "head of the licensing board" means the executive administrator of the Utah Board of Nursing.
1321 (3) For purposes of the Advanced Practice Registered Nurse Compact, "APRN" as
1322 defined in Article II (1) of the compact includes an individual who is licensed to practice under
1323 Subsection [
1324 (4) An APRN practicing in this state under a multistate licensure privilege may only be
1325 granted prescriptive authority if that individual can document completion of graduate level
1326 course work in the following areas:
1327 (a) advanced health assessment;
1328 (b) pharmacotherapeutics; and
1329 (c) diagnosis and treatment.
1330 (5) (a) An APRN practicing in this state under a multistate privilege who seeks to
1331 obtain prescriptive authority must:
1332 (i) meet all the requirements of Subsection (4) and this Subsection (5); and
1333 (ii) be placed on a registry with the division.
1334 (b) To be placed on a registry under Subsection (5)(a)(ii), an APRN must:
1335 (i) submit a form prescribed by the division;
1336 (ii) pay a fee; and
1337 (iii) if prescribing a controlled substance:
1338 (A) obtain a controlled substance license as required under Section 58-37-6 ; and
1339 (B) if prescribing a Schedule II or III controlled substance, have a consultation and
1340 referral plan with a physician licensed in Utah as required under Subsection
1341 58-31b-102 [
1342 Section 39. Section 58-42a-102 is amended to read:
1343 58-42a-102. Definitions.
1344 In addition to the definitions in Section 58-1-102 , as used in this chapter:
1345 (1) "Assessment" means the use of skilled observation or evaluation by administering
1346 and interpreting standardized or nonstandardized tests and measurements to identify areas for
1347 occupational therapy services.
1348 (2) "Board" means the Occupational Therapy Board created in Section 58-42a-201 .
1349 (3) "Certified occupational therapy assistant" or "COTA" means a person certified as a
1350 certified occupational therapy assistant by the [
1351 Occupational Therapy [
1352 (4) "Individual treatment plan" includes:
1353 (a) planning and directing specific exercises and programs to improve sensory
1354 integration and motor functioning at the level of performance neurologically appropriate for the
1355 individual's stage of development;
1356 (b) establishing a program of instruction to teach a patient in skills, behaviors, and
1357 attitudes necessary for the patient's independent productive, emotional, and social functioning;
1358 (c) analyzing, selecting, and adapting functional exercises to achieve and maintain the
1359 patient's optimal functioning in daily living tasks and to prevent further disability; and
1360 (d) planning and directing specific programs to evaluate and enhance perceptual,
1361 motor, and cognitive skills.
1362 (5) "Occupational therapist" or "OT" means a person licensed in the state to practice
1363 occupational therapy.
1364 (6) "Occupational therapist registered" or "OTR" means a person certified as an
1365 occupational therapist registered by the [
1366 Occupational Therapy [
1367 (7) "Occupational therapy" means the use of purposeful activity or occupational
1368 therapy interventions to develop or restore the highest possible level of independence of an
1369 individual who is limited by a physical injury or illness, a dysfunctional condition, a cognitive
1370 impairment, a psychosocial dysfunction, a mental illness, a developmental or learning
1371 disability, or an adverse environmental condition.
1372 (8) "Occupational therapy assistant" or "OTA" means a person licensed in the state to
1373 practice occupational therapy under the supervision of an occupational therapist as set forth in
1374 Section 58-42a-306 .
1375 (9) "Occupational therapy services" include:
1376 (a) assessing, treating, educating, or consulting with an individual, family, or other
1377 persons;
1378 (b) developing, improving, or restoring an individual's daily living skills, work
1379 readiness, work performance, play skills, or leisure capacities, or enhancing an individual's
1380 educational performance skills;
1381 (c) developing, improving, or restoring an individual's sensory-motor, oral-motor,
1382 perceptual, or neuromuscular functioning, or the individual's range of motion;
1383 (d) developing, improving, or restoring the individual's emotional, motivational,
1384 cognitive, or psychosocial components of performance;
1385 (e) assessing the need for and recommending, developing, adapting, designing, or
1386 fabricating splints or assistive technology devices for individuals;
1387 (f) training individuals in the use of rehabilitative or assistive technology devices such
1388 as selected orthotic or prosthetic devices;
1389 (g) applying physical agent modalities as an adjunct to or in preparation for purposeful
1390 activity;
1391 (h) applying the use of ergonomic principles; and
1392 (i) adapting or modifying environments and processes to enhance or promote the
1393 functional performance, health, and wellness of individuals.
1394 (10) "Practice of occupational therapy" means rendering or offering to render
1395 occupational therapy services to individuals, groups, agencies, organizations, industries, or the
1396 public.
1397 (11) "Unprofessional conduct" is as defined in Section 58-42a-501 .
1398 Section 40. Section 61-6-5 is amended to read:
1399 61-6-5. "Issuing public corporation" defined.
1400 (1) As used in this chapter, "issuing public corporation" means a corporation, other
1401 than a depository institution, that is organized under the laws of this state and that has:
1402 (a) 100 or more shareholders;
1403 (b) its principal place of business, its principal office, or substantial assets within the
1404 state; and
1405 (c) (i) more than 10% of its shareholders resident in the state;
1406 (ii) more than 10% of its shares owned by Utah residents; or
1407 (iii) 10,000 shareholders resident in the state.
1408 (2) The residence of a shareholder is presumed to be the address appearing in the
1409 records of the corporation.
1410 (3) Shares held by banks or other depository institutions (except as trustee or guardian),
1411 brokers, or nominees shall be disregarded for purposes of calculating the percentages or
1412 numbers described in this section.
1413 (4) As used in this chapter, "depository institution" means a depository institution or a
1414 depository institution holding company as defined in Section 7-1-103 .
1415 Section 41. Section 62A-3-104.1 is amended to read:
1416 62A-3-104.1. Powers and duties of area agencies.
1417 (1) An area agency that provides services to the aged, high risk adults, or both shall
1418 within its respective jurisdiction:
1419 (a) advocate by monitoring, evaluating, and providing input on all policies, programs,
1420 hearings, and levies that affect those persons;
1421 (b) design and implement a comprehensive and coordinated system of services within a
1422 designated planning and service area;
1423 (c) conduct periodic reviews and evaluations of needs and services;
1424 (d) prepare and submit to the division plans for funding and service delivery for
1425 services within the designated planning and service area;
1426 (e) establish, either directly or by contract, programs licensed under Chapter 2 [
1427
1428 (f) appoint an area director, prescribe his duties, and provide adequate and qualified
1429 staff to carry out the area plan described in Subsection (1)(d);
1430 (g) establish rules not contrary to policies of the board and rules of the division,
1431 regulating local services and facilities;
1432 (h) operate other services and programs funded by sources other than those
1433 administered by the division;
1434 (i) establish mechanisms to provide direct citizen input, including an area agency
1435 advisory council with a majority of members who are eligible for services from the area
1436 agency;
1437 (j) establish fee schedules; and
1438 (k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
1439 Cooperation Act, and with the requirements and procedures of Title 51, Chapter [
1440 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
1441 Entities Act.
1442 (2) Before disbursing any public funds, an area agency shall require that all entities
1443 receiving any public funds agree in writing that:
1444 (a) the division may examine the entity's program and financial records; and
1445 (b) the auditor of the local area agency may examine and audit the entity's program and
1446 financial records, if requested by the local area agency.
1447 (3) Local area agencies may receive property, grants, gifts, supplies, materials,
1448 including any benefit derived therefrom, and contributions for the purpose of providing
1449 services pursuant to this part. If those gifts are conditioned upon their use for a specified
1450 service or program, they shall be so used.
1451 (4) (a) Area agencies shall award all public funds in compliance with the requirements
1452 of Title 63, Chapter 56, Utah Procurement Code, or with a county procurement ordinance that
1453 requires similar procurement procedures.
1454 (b) If all initial bids on a project are rejected, the area agency shall publish a new
1455 invitation to bid. If no satisfactory bid is received by the area agency when the bids received
1456 from the second invitation are opened, the area agency may execute a contract without
1457 requiring competitive bidding.
1458 (c) An area agency need not comply with the procurement provisions of this section
1459 when it disburses public funds to other governmental entities. For purposes of this Subsection
1460 (4)(c), "governmental entity" means any political subdivision or institution of higher education
1461 of the state.
1462 (d) Contracts awarded by an area agency shall be for a fixed amount and limited
1463 period. Contracts may be modified due to changes in available funding for the same contract
1464 purpose without competition.
1465 (5) Local area agencies shall comply with all applicable state and federal statutes,
1466 policies, audit requirements, and any directives resulting from those audits.
1467 Section 42. Section 62A-4a-209 is amended to read:
1468 62A-4a-209. Emergency kinship placement.
1469 (1) The division may use an emergency kinship placement under Subsection
1470 62A-4a-202.1 [
1471 (a) the case worker has made the determination that:
1472 (i) the child's home is unsafe;
1473 (ii) removal is necessary under the provisions of Section 62A-4a-202.1 ; and
1474 (iii) the child's custodial parent or guardian will agree to not remove the child from the
1475 relative's home who serves as the kinship placement and not have any contact with the child
1476 until after the shelter hearing required by Section 78-3a-306 ;
1477 (b) a relative, with preference being given to a noncustodial parent in accordance with
1478 Section 78-3a-307 , can be identified who has the ability and is willing to provide care for the
1479 child who would otherwise be placed in shelter care, including:
1480 (i) taking the child to medical, mental health, dental, and educational appointments at
1481 the request of the division; and
1482 (ii) the relative has the ability to make the child available to division services and the
1483 guardian ad litem; and
1484 (c) the relative agrees to care for the child on an emergency basis under the following
1485 conditions:
1486 (i) the relative meets the criteria for an emergency kinship placement under Subsection
1487 (2);
1488 (ii) the relative agrees to not allow the custodial parent or guardian to have any contact
1489 with the child until after the shelter hearing unless authorized by the division in writing;
1490 (iii) the relative agrees to contact law enforcement and the division if the custodial
1491 parent or guardian attempts to make unauthorized contact with the child;
1492 (iv) the relative agrees to allow the division and the child's guardian ad litem to have
1493 access to the child;
1494 (v) the relative has been informed and understands that the division may continue to
1495 search for other possible kinship placements for long-term care, if needed;
1496 (vi) the relative is willing to assist the custodial parent or guardian in reunification
1497 efforts at the request of the division, and to follow all court orders; and
1498 (vii) the child is comfortable with the relative.
1499 (2) Before the division places a child in an emergency kinship placement, the division
1500 must:
1501 (a) request the name of a reference and when possible, contact the reference and
1502 determine the answer to the following questions:
1503 (i) would the person identified as a reference place a child in the home of the
1504 emergency kinship placement; and
1505 (ii) are there any other relatives to consider as a possible emergency or long-term
1506 placement for the child;
1507 (b) have the custodial parent or guardian sign an emergency kinship placement
1508 agreement form during the investigation;
1509 (c) complete a criminal background check described in Sections 62A-4a-202.4 and
1510 78-3a-307.1 on all persons living in the relative's household;
1511 (d) complete a home inspection of the relative's home; and
1512 (e) have the emergency kinship placement approved by a family service specialist.
1513 (3) As soon as possible after the emergency placement and prior to the shelter hearing
1514 required by Section 78-3a-306 , the division shall convene a family unity meeting.
1515 (4) After an emergency kinship placement, the division caseworker must:
1516 (a) respond to the emergency kinship placement's calls within one hour if the custodial
1517 parents or guardians attempt to make unauthorized contact with the child or attempt to remove
1518 the child;
1519 (b) complete all removal paperwork, including the notice provided to the custodial
1520 parents and guardians under Section 78-3a-306 ;
1521 (c) contact the attorney general to schedule a shelter hearing;
1522 (d) complete the kinship procedures required in Section 78-3a-307 , including, within
1523 five days after placement, the criminal history record check described in Subsection (5); and
1524 (e) continue to search for other relatives as a possible long-term placement, if needed.
1525 (5) (a) In order to determine the suitability of the kinship placement and to conduct a
1526 background screening and investigation of individuals living in the household in which a child
1527 is placed, each individual living in the household in which the child is placed who has not lived
1528 in the state substantially year round for the most recent five consecutive years ending on the
1529 date the investigation is commenced shall be fingerprinted. If no disqualifying record is
1530 identified at the state level, the fingerprints shall be forwarded by the division to the Federal
1531 Bureau of Investigation for a national criminal history record check.
1532 (b) The cost of those investigations shall be borne by whomever received placement of
1533 the child, except that the division may pay all or part of the cost of those investigations if the
1534 person with whom the child is placed is unable to pay.
1535 Section 43. Section 62A-15-108 is amended to read:
1536 62A-15-108. Formula for allocation of funds to local substance abuse authorities
1537 and local mental health authorities.
1538 (1) The board shall establish, by rule, formulas for allocating funds to local substance
1539 abuse authorities and local mental health authorities through contracts, to provide substance
1540 abuse prevention and treatment services in accordance with the provisions of this chapter and
1541 Title [
1542 health services in accordance with the provisions of this chapter and Title [
1543 [
1544 of funds based on need. Determination of need shall be based on population unless the board
1545 establishes, by valid and accepted data, that other defined factors are relevant and reliable
1546 indicators of need. The formulas shall include a differential to compensate for additional costs
1547 of providing services in rural areas.
1548 (2) The formulas established under Subsection (1) apply to all state and federal funds
1549 appropriated by the Legislature to the division for local substance abuse authorities and local
1550 mental health authorities, but does not apply to:
1551 (a) funds that local substance abuse authorities and local mental health authorities
1552 receive from sources other than the division;
1553 (b) funds that local substance abuse authorities and local mental health authorities
1554 receive from the division to operate specific programs within their jurisdictions which are
1555 available to all residents of the state;
1556 (c) funds that local substance abuse authorities and local mental health authorities
1557 receive from the division to meet needs that exist only within their local areas; and
1558 (d) funds that local substance abuse authorities and local mental health authorities
1559 receive from the division for research projects.
1560 Section 44. Section 62A-15-110 is amended to read:
1561 62A-15-110. Contracts for substance abuse and mental health services --
1562 Provisions -- Responsibilities.
1563 (1) If the division contracts with a local substance abuse authority or a local mental
1564 health authority to provide substance abuse or mental health programs and services in
1565 accordance with the provision of this chapter and Title [
1566 Local Substance Abuse Authorities, or Title [
1567 Health Authorities, it shall ensure that those contracts include at least the following provisions:
1568 (a) that an independent auditor shall conduct any audit of the local substance abuse
1569 authority or its contract provider's programs or services and any audit of the local mental health
1570 authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
1571 Chapter [
1572 Organizations, and Other Local Entities Act;
1573 (b) in addition to the requirements described in Title 51, Chapter [
1574 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
1575 Entities Act, the division:
1576 (i) shall prescribe guidelines and procedures, in accordance with those formulated by
1577 the state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of
1578 officers, directors, and specified employees of the private contract provider, to assure the state
1579 that no personal benefit is gained from travel or other expenses; and
1580 (ii) may prescribe specific items to be addressed by that audit, depending upon the
1581 particular needs or concerns relating to the local substance abuse authority, local mental health
1582 authority, or contract provider at issue;
1583 (c) the local substance abuse authority or its contract provider and the local mental
1584 health authority and its contract provider shall invite and include all funding partners in its
1585 auditor's pre- and exit conferences;
1586 (d) each member of the local substance abuse authority and each member of the local
1587 mental health authority shall annually certify that he has received and reviewed the independent
1588 audit and has participated in a formal interview with the provider's executive officers;
1589 (e) requested information and outcome data will be provided to the division in the
1590 manner and within the time lines defined by the division; and
1591 (f) all audit reports by state or county persons or entities concerning the local substance
1592 abuse authority or its contract provider, or the local mental health authority or its contract
1593 provider shall be provided to the executive director of the department, the local substance
1594 abuse authority or local mental health authority, and members of the contract provider's
1595 governing board.
1596 (2) Each contract between the division and a local substance abuse authority or a local
1597 mental health authority shall authorize the division to withhold funds, otherwise allocated
1598 under Section 62A-15-108 , to cover the costs of audits, attorney fees, and other expenditures
1599 associated with reviewing the expenditure of public funds by a local substance abuse authority
1600 or its contract provider or a local mental health authority or its contract provider, if there has
1601 been an audit finding or judicial determination that public funds have been misused by the local
1602 substance abuse authority or its contract provider or the local mental health authority or its
1603 contract provider.
1604 Section 45. Section 62A-15-713 is amended to read:
1605 62A-15-713. Contracts with local mental health authorities -- Provisions.
1606 When the division contracts with a local mental health authority to provide mental
1607 health programs and services in accordance with the provision of this chapter and Title [
1608 17, Chapter [
1609 contracts include at least the following provisions:
1610 (1) that an independent auditor shall conduct any audit of the local mental health
1611 authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
1612 Chapter [
1613 Organizations, and Other Local Entities Act;
1614 (2) in addition to the requirements described in Title 51, Chapter [
1615 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
1616 Entities Act, the division:
1617 (a) shall prescribe guidelines and procedures, in accordance with those formulated by
1618 the state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of
1619 officers, directors, and specified employees of the private contract provider, to assure the state
1620 that no personal benefit is gained from travel or other expenses; and
1621 (b) may prescribe specific items to be addressed by that audit, depending upon the
1622 particular needs or concerns relating to the local mental health authority or contract provider at
1623 issue;
1624 (3) the local mental health authority or its contract provider shall invite and include all
1625 funding partners in its auditor's pre- and exit conferences;
1626 (4) each member of the local mental health authority shall annually certify that he has
1627 received and reviewed the independent audit and has participated in a formal interview with the
1628 provider's executive officers;
1629 (5) requested information and outcome data will be provided to the division in the
1630 manner and within the timelines defined by the division;
1631 (6) all audit reports by state or county persons or entities concerning the local mental
1632 health authority or its contract provider shall be provided to the executive director of the
1633 department, the local mental health authority, and members of the contract provider's governing
1634 board; and
1635 (7) the local mental health authority or its contract provider will offer and provide
1636 mental health services to residents who are indigent and who meet state criteria for serious and
1637 persistent mental illness or severe emotional disturbance.
1638 Section 46. Section 63-2-204 is amended to read:
1639 63-2-204. Requests -- Time limit for response and extraordinary circumstances.
1640 (1) A person making a request for a record shall furnish the governmental entity with a
1641 written request containing his name, mailing address, daytime telephone number, if available,
1642 and a description of the records requested that identifies the record with reasonable specificity.
1643 (2) A governmental entity may make rules in accordance with Title 63, Chapter 46a,
1644 Utah Administrative Rulemaking Act, specifying where and to whom requests for access shall
1645 be directed.
1646 (3) (a) As soon as reasonably possible, but no later than ten business days after
1647 receiving a written request, or five business days after receiving a written request if the
1648 requester demonstrates that expedited response to the record request benefits the public rather
1649 than the person, the governmental entity shall respond to the request by:
1650 (i) approving the request and providing the record;
1651 (ii) denying the request;
1652 (iii) notifying the requester that it does not maintain the record and providing, if
1653 known, the name and address of the governmental entity that does maintain the record; or
1654 (iv) notifying the requester that because of one of the extraordinary circumstances
1655 listed in Subsection (4), it cannot immediately approve or deny the request[
1656 shall describe the circumstances relied upon and specify the date when the records will be
1657 available.
1658 (b) Any person who requests a record to obtain information for a story or report for
1659 publication or broadcast to the general public is presumed to be acting to benefit the public
1660 rather than a person.
1661 (4) The following circumstances constitute "extraordinary circumstances" that allow a
1662 governmental entity to delay approval or denial by an additional period of time as specified in
1663 Subsection [
1664 circumstances it cannot respond within the time limits provided in Subsection (3):
1665 (a) another governmental entity is using the record, in which case the originating
1666 governmental entity shall promptly request that the governmental entity currently in possession
1667 return the record;
1668 (b) another governmental entity is using the record as part of an audit, and returning the
1669 record before the completion of the audit would impair the conduct of the audit;
1670 (c) the request is for a voluminous quantity of records;
1671 (d) the governmental entity is currently processing a large number of records requests;
1672 (e) the request requires the governmental entity to review a large number of records to
1673 locate the records requested;
1674 (f) the decision to release a record involves legal issues that require the governmental
1675 entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case
1676 law;
1677 (g) segregating information that the requester is entitled to inspect from information
1678 that the requester is not entitled to inspect requires extensive editing; or
1679 (h) segregating information that the requester is entitled to inspect from information
1680 that the requester is not entitled to inspect requires computer programming.
1681 (5) If one of the extraordinary circumstances listed in Subsection (4) precludes
1682 approval or denial within the time specified in Subsection (3), the following time limits apply
1683 to the extraordinary circumstances:
1684 (a) for claims under Subsection (4)(a), the governmental entity currently in possession
1685 of the record shall return the record to the originating entity within five business days of the
1686 request for the return unless returning the record would impair the holder's work;
1687 (b) for claims under Subsection (4)(b), the originating governmental entity shall notify
1688 the requester when the record is available for inspection and copying;
1689 (c) for claims under Subsections (4)(c), (d), and (e), the governmental entity shall:
1690 (i) disclose the records that it has located which the requester is entitled to inspect;
1691 (ii) provide the requester with an estimate of the amount of time it will take to finish
1692 the work required to respond to the request; and
1693 (iii) complete the work and disclose those records that the requester is entitled to
1694 inspect as soon as reasonably possible;
1695 (d) for claims under Subsection (4)(f), the governmental entity shall either approve or
1696 deny the request within five business days after the response time specified for the original
1697 request has expired;
1698 (e) for claims under Subsection (4)(g), the governmental entity shall fulfill the request
1699 within 15 business days from the date of the original request; or
1700 (f) for claims under Subsection (4)(h), the governmental entity shall complete its
1701 programming and disclose the requested records as soon as reasonably possible.
1702 (6) (a) If a request for access is submitted to an office of a governmental entity other
1703 than that specified by rule in accordance with Subsection (2), the office shall promptly forward
1704 the request to the appropriate office.
1705 (b) If the request is forwarded promptly, the time limit for response begins when the
1706 record is received by the office specified by rule.
1707 (7) If the governmental entity fails to provide the requested records or issue a denial
1708 within the specified time period, that failure is considered the equivalent of a determination
1709 denying access to the records.
1710 Section 47. Section 63-5b-102 is amended to read:
1711 63-5b-102. Definitions.
1712 (1) (a) "Absent" means:
1713 (i) not physically present or not able to be communicated with for 48 hours; or
1714 (ii) for local government officers, as defined by local ordinances.
1715 (b) "Absent" does not include a person who can be communicated with via telephone,
1716 radio, or telecommunications.
1717 (2) "Attack" means a nuclear, conventional, biological, or chemical warfare action
1718 against the United States of America or this state.
1719 (3) "Department" means the Department of Administrative Services, the Department of
1720 Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of
1721 Commerce, the Department of Community and Economic Development, the Department of
1722 Corrections, the Department of Environmental Quality, the Department of Financial
1723 Institutions, the Department of Health, the Department of Human Resource Management, the
1724 Department of Workforce Services, the Labor Commission, the National Guard, the
1725 Department of Insurance, the Department of Natural Resources, the Department of Public
1726 Safety, the Public Service Commission, the Department of Human Services, the State Tax
1727 Commission, the Department of Transportation, any other major administrative subdivisions of
1728 state government, the State Board of Education, the State Board of Regents, the Utah Housing
1729 Corporation, [
1730 the State Retirement Board, and each institution of higher education within the system of
1731 higher education.
1732 (4) "Disaster" means a situation causing, or threatening to cause, widespread damage,
1733 social disruption, or injury or loss of life or property resulting from attack, internal disturbance,
1734 natural phenomenon, or technological hazard.
1735 (5) "Division" means the Division of Emergency Services and Homeland Security
1736 established in Title 53, Chapter 2, Emergency [
1737 Management.
1738 (6) "Emergency interim successor" means a person designated by this chapter to
1739 exercise the powers and discharge the duties of an office when the person legally exercising the
1740 powers and duties of the office is unavailable.
1741 (7) "Executive director" means the person with ultimate responsibility for managing
1742 and overseeing the operations of each department, however denominated.
1743 (8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
1744 (9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,
1745 avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
1746 (10) (a) "Office" includes all state and local offices, the powers and duties of which are
1747 defined by constitution, statutes, charters, optional plans, ordinances, articles, or bylaws.
1748 (b) "Office" does not include the office of governor or the legislative or judicial offices.
1749 (11) "Place of governance" means the physical location where the powers of an office
1750 are being exercised.
1751 (12) "Political subdivision" includes counties, cities, towns, townships, districts,
1752 authorities, and other public corporations and entities whether organized and existing under
1753 charter or general law.
1754 (13) "Political subdivision officer" means a person holding an office in a political
1755 subdivision.
1756 (14) "State officer" means the attorney general, the state treasurer, the state auditor, and
1757 the executive director of each department.
1758 (15) "Technological hazard" means any hazardous materials accident, mine accident,
1759 train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
1760 (16) "Unavailable" means:
1761 (a) absent from the place of governance during a disaster that seriously disrupts normal
1762 governmental operations, whether or not that absence or inability would give rise to a vacancy
1763 under existing constitutional or statutory provisions; or
1764 (b) as otherwise defined by local ordinance.
1765 Section 48. Section 63-34-14 is amended to read:
1766 63-34-14. Species Protection Account.
1767 (1) As used in this section, "species protection" means an action to protect any plant or
1768 animal species identified as sensitive by the state or as threatened or endangered under the
1769 Endangered Species Act of 1973, 16 U.S.C. [
1770 (2) There is created within the General Fund a restricted account known as the Species
1771 Protection Account.
1772 (3) The account shall consist of:
1773 (a) revenue generated by the brine shrimp tax provided for in Title 59, Chapter 23,
1774 Brine Shrimp Royalty Act; and
1775 (b) interest earned on monies in the account.
1776 (4) Monies in the account may be appropriated by the Legislature for the following
1777 purposes:
1778 (a) to develop and implement species status assessments and species protection
1779 measures;
1780 (b) to obtain biological opinions of proposed species protection measures;
1781 (c) to conduct studies, investigations, and research into the effects of proposed species
1782 protection measures;
1783 (d) to verify species protection proposals that are not based on valid biological data;
1784 (e) for Great Salt Lake wetlands mitigation projects in connection with the western
1785 transportation corridor;
1786 (f) to pay for the state's voluntary contributions to the Utah Reclamation Mitigation and
1787 Conservation Account under the Central Utah Project Completion Act, Pub. L. No. 102-575,
1788 Titles II-VI, 106 Stat. 4605-4655; and
1789 (g) to pay for expenses of the State Tax Commission under Title 59, Chapter 23, Brine
1790 Shrimp Royalty Act.
1791 (5) The purposes specified in Subsections (4)(a) through (4)(d) may be accomplished
1792 by the state or, in an appropriation act, the Legislature may authorize the Department of Natural
1793 Resources to award grants to political subdivisions of the state to accomplish those purposes.
1794 (6) Monies in the account may not be used to develop or implement a habitat
1795 conservation plan required under federal law unless the federal government pays for at least 1/3
1796 of the habitat conservation plan costs.
1797 Section 49. Section 63-38-8.1 is amended to read:
1798 63-38-8.1. Nonlapsing authority.
1799 (1) As used in this section:
1800 (a) (i) "Agency" means each department, commission, board, council, agency,
1801 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
1802 unit, bureau, panel, or other administrative unit of the state.
1803 (ii) "Agency" does not include those entities whose unappropriated and unencumbered
1804 balances are made nonlapsing by the operation of Subsection 63-38-8 (2).
1805 (b) "Appropriation balance" means the unexpended and unencumbered balance of a
1806 line item appropriation made by the Legislature to an agency that exists at the end of a fiscal
1807 year.
1808 (c) "Nonlapsing" means that an agency's appropriation balance is not closed out to the
1809 appropriate fund at the end of a fiscal year as required by Section 63-38-8 .
1810 (d) "One-time project" means a project or program that can be completed with the
1811 appropriation balance and includes such items as employee incentive awards and bonuses,
1812 purchase of equipment, and one-time training.
1813 (e) "One-time [
1814 (i) a prioritized list of one-time projects, upon which an agency would like to spend
1815 any appropriation balance; and
1816 (ii) for each project, the maximum amount the agency is estimating for the project.
1817 (f) "Program" means a service provided by an agency to members of the public, other
1818 agencies, or to employees of the agency.
1819 (2) Notwithstanding the requirements of Section 63-38-8 , an agency may:
1820 (a) by following the procedures and requirements of this section, retain and expend any
1821 appropriation balance; and
1822 (b) comply with the requirements of Subsections 63-9-67 (2) and 63-38-18 (2).
1823 (3) (a) Each agency that wishes to preserve any part or all of its appropriation balance
1824 as nonlapsing shall include a one-time [
1825 it submits to the governor and the Legislature at the annual general session of the Legislature
1826 immediately before the end of the fiscal year in which the agency may have an appropriation
1827 balance.
1828 (b) An agency may not include a proposed expenditure on its one-time [
1829 projects list if:
1830 (i) the expenditure creates a new program;
1831 (ii) the expenditure enhances the level of an existing program; or
1832 (iii) the expenditure will require a legislative appropriation in the next fiscal year.
1833 (c) The governor:
1834 (i) may approve some or all of the items from an agency's one-time [
1835 list; and
1836 (ii) shall identify and prioritize any approved one-time projects in the budget that he
1837 submits to the Legislature.
1838 (4) The Legislature:
1839 (a) may approve some or all of the specific items from an agency's one-time [
1840 projects list as authorized expenditures of an agency's appropriation balance;
1841 (b) shall identify any authorized one-time projects in the appropriate line item
1842 appropriation; and
1843 (c) may prioritize one-time projects in intent language.
1844 Section 50. Section 63-38-9.5 is amended to read:
1845 63-38-9.5. Agency exempt from act.
1846 The Utah Housing Corporation [
1847 exempt from this act.
1848 Section 51. Section 63-38a-102 is amended to read:
1849 63-38a-102. Definitions.
1850 As used in this chapter:
1851 (1) (a) "Agency" means each department, commission, board, council, agency,
1852 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
1853 unit, bureau, panel, or other administrative unit of the state.
1854 (b) "Agency" does not include the legislative branch, the board of regents, the Utah
1855 Higher Education Assistance Authority, the board of trustees of each higher education
1856 institution, each higher education institution and its associated branches, centers, divisions,
1857 institutes, foundations, hospitals, colleges, schools, or departments, a public education entity,
1858 or an independent agency.
1859 (2) (a) "Dedicated credits revenues" means revenues from collections by an agency that
1860 are deposited directly into an account for expenditure on a separate line item and program.
1861 (b) "Dedicated credits" does not mean:
1862 (i) federal revenues and the related pass through or the related state match paid by one
1863 agency to another;
1864 (ii) revenues that are not deposited in governmental funds;
1865 (iii) revenues from any contracts; and
1866 (iv) revenues received by the Attorney General's Office from billings for professional
1867 services.
1868 (3) "Fees" means revenue collected by an agency for performing a service or providing
1869 a function that the agency deposits or accounts for as dedicated credits or fixed collections.
1870 (4) (a) "Fixed collections revenues" means revenue from collections:
1871 (i) fixed by law or by the appropriation act at a specific amount; and
1872 (ii) required by law to be deposited into a separate line item and program.
1873 (b) "Fixed collections" does not mean:
1874 (i) federal revenues and the related pass through or the related state match paid by one
1875 agency to another;
1876 (ii) revenues that are not deposited in governmental funds;
1877 (iii) revenues from any contracts; and
1878 (iv) revenues received by the Attorney General's Office from billings for professional
1879 services.
1880 (5) (a) "Governmental fund" means funds used to account for the acquisition, use, and
1881 balances of expendable financial resources and related liabilities using a measurement focus
1882 that emphasizes the flow of financial resources.
1883 (b) "Governmental fund" does not include internal service funds, enterprise funds,
1884 capital projects funds, debt service funds, or trust and agency funds as established in Section
1885 51-5-4 .
1886 (6) "Independent agency" means the Utah State Retirement Office, the Utah Housing
1887 Corporation, [
1888 Fund.
1889 (7) "Program" means the function or service provided by an agency for which the
1890 agency collects fees.
1891 (8) "Revenue types" means the categories established by the Division of Finance under
1892 the authority of this chapter that classify revenue according to the purpose for which it is
1893 collected.
1894 Section 52. Section 63-55-263 is amended to read:
1895 63-55-263. Repeal dates, Titles 63 to 63E.
1896 (1) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
1897 (2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed
1898 July 1, 2007.
1899 [
1900 repealed July 1, 2005.
1901 [
1902 63-38d-501 , is repealed July 1, 2005.
1903 (5) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July
1904 1, 2005.
1905 (6) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
1906 and Youth At Risk Act, is repealed July 1, 2006.
1907 (7) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2005.
1908 (8) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund to
1909 provide coverage to nonstate entities, are repealed July 1, 2006.
1910 [
1911 Section 53. Section 63-56-5 is amended to read:
1912 63-56-5. Definitions.
1913 As used in this chapter:
1914 (1) "Architect-engineer services" are those professional services within the scope of the
1915 practice of architecture as defined in Section 58-3a-102 , or professional engineering as defined
1916 in Section 58-22-102 .
1917 (2) "Business" means any corporation, partnership, individual, sole proprietorship,
1918 joint stock company, joint venture, or any other private legal entity.
1919 (3) "Change order" means a written order signed by the procurement officer, directing
1920 the contractor to suspend work or make changes, which the appropriate clauses of the contract
1921 authorize the procurement officer to order without the consent of the contractor or any written
1922 alteration in specifications, delivery point, rate of delivery, period of performance, price,
1923 quantity, or other provisions of any contract accomplished by mutual action of the parties to the
1924 contract.
1925 (4) (a) "Construction" means the process of building, renovation, alteration,
1926 improvement, or repair of any public building or public work.
1927 (b) "Construction" does not mean the routine operation, routine repair, or routine
1928 maintenance of existing structures, buildings, or real property.
1929 (5) (a) "Construction Manager/General Contractor" means any contractor who enters
1930 into a contract for the management of a construction project when that contract allows the
1931 contractor to subcontract for additional labor and materials that were not included in the
1932 contractor's cost proposal submitted at the time of the procurement of the Construction
1933 Manager/General Contractor's services.
1934 (b) "Construction Manager/General Contractor" does not mean a contractor whose only
1935 subcontract work not included in the contractor's cost proposal submitted as part of the
1936 procurement of construction is to meet subcontracted portions of change orders approved
1937 within the scope of the project.
1938 (6) "Contract" means any state agreement for the procurement or disposal of supplies,
1939 services, or construction.
1940 (7) "Cooperative purchasing" means procurement conducted by, or on behalf of, more
1941 than one public procurement unit, or by a public procurement unit with an external
1942 procurement unit.
1943 (8) "Cost-reimbursement contract" means a contract under which a contractor is
1944 reimbursed for costs which are allowed and allocated in accordance with the contract terms and
1945 the provisions of this chapter, and a fee, if any.
1946 (9) (a) "Design-build" means the procurement of architect-engineer services and
1947 construction by the use of a single contract with the design-build provider.
1948 (b) This method of design and construction can include the design-build provider
1949 supplying the site as part of the contract.
1950 (10) "Established catalogue price" means the price included in a catalogue, price list,
1951 schedule, or other form that:
1952 (a) is regularly maintained by a manufacturer or contractor;
1953 (b) is either published or otherwise available for inspection by customers; and
1954 (c) states prices at which sales are currently or were last made to a significant number
1955 of any category of buyers or buyers constituting the general buying public for the supplies or
1956 services involved.
1957 (11) "External procurement unit" means any buying organization not located in this
1958 state which, if located in this state, would qualify as a public procurement unit. An agency of
1959 the United States is an external procurement unit.
1960 (12) "Grant" means the furnishing by the state or by any other public or private source
1961 assistance, whether financial or otherwise, to any person to support a program authorized by
1962 law. It does not include an award whose primary purpose is to procure an end product, whether
1963 in the form of supplies, services, or construction. A contract resulting from the award is not a
1964 grant but a procurement contract.
1965 (13) "Invitation for bids" means all documents, whether attached or incorporated by
1966 reference, utilized for soliciting bids.
1967 (14) "Local public procurement unit" means any political subdivision or institution of
1968 higher education of the state or public agency of any subdivision, public authority, educational,
1969 health, or other institution, and to the extent provided by law, any other entity which expends
1970 public funds for the procurement of supplies, services, and construction, but not counties,
1971 municipalities, political subdivisions created by counties or municipalities under the Interlocal
1972 Cooperation Act, the Utah Housing Corporation, [
1973 or the Legislature and its staff offices. It includes two or more local public procurement units
1974 acting under legislation which authorizes intergovernmental cooperation.
1975 (15) "Person" means any business, individual, union, committee, club, other
1976 organization, or group of individuals, not including a state agency or a local public
1977 procurement unit.
1978 (16) "Policy board" means the procurement policy board created by Section 63-56-6 .
1979 (17) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
1980 under the requirements of this chapter.
1981 (18) "Procurement" means buying, purchasing, renting, leasing, leasing with an option
1982 to purchase, or otherwise acquiring any supplies, services, or construction. It also includes all
1983 functions that pertain to the obtaining of any supply, service, or construction, including
1984 description of requirements, selection, and solicitation of sources, preparation, and award of a
1985 contract, and all phases of contract administration.
1986 (19) "Procurement officer" means any person or board duly authorized to enter into and
1987 administer contracts and make written determinations with respect thereto. It also includes an
1988 authorized representative acting within the limits of authority.
1989 (20) "Public procurement unit" means either a local public procurement unit or a state
1990 public procurement unit.
1991 (21) "Purchase description" means the words used in a solicitation to describe the
1992 supplies, services, or construction to be purchased, and includes specifications attached to or
1993 made a part of the solicitation.
1994 (22) "Purchasing agency" means any state agency other than the Division of Purchasing
1995 and General Services that is authorized by this chapter or its implementing regulations, or by
1996 delegation from the chief procurement officer, to enter into contracts.
1997 (23) "Request for proposals" means all documents, whether attached or incorporated by
1998 reference, used for soliciting proposals.
1999 (24) "Responsible bidder or offeror" means a person who has the capability in all
2000 respects to perform fully the contract requirements and who has the integrity and reliability
2001 which will assure good faith performance.
2002 (25) "Responsive bidder" means a person who has submitted a bid which conforms in
2003 all material respects to the invitation for bids.
2004 (26) "Sealed" does not preclude acceptance of electronically sealed and submitted bids
2005 or proposals in addition to bids or proposals manually sealed and submitted.
2006 (27) "Services" means the furnishing of labor, time, or effort by a contractor, not
2007 involving the delivery of a specific end product other than reports which are merely incidental
2008 to the required performance. It does not include employment agreements or collective
2009 bargaining agreements.
2010 (28) "Specification" means any description of the physical or functional characteristics,
2011 or of the nature of a supply, service, or construction item. It may include a description of any
2012 requirement for inspecting, testing, or preparing a supply, service, or construction item for
2013 delivery.
2014 (29) "State agency" or "the state" means any department, division, commission,
2015 council, board, bureau, committee, institution, government corporation, or other establishment,
2016 official, or employee of this state.
2017 (30) "State public procurement unit" means the Division of Purchasing and General
2018 Services and any other purchasing agency of this state.
2019 (31) "Supplies" means all property, including equipment, materials, and printing.
2020 (32) "Using agency" means any state agency which utilizes any supplies, services, or
2021 construction procured under this chapter.
2022 Section 54. Section 63A-1-113 is amended to read:
2023 63A-1-113. Agency exempt from title.
2024 The Utah Housing Corporation [
2025 exempt from this title.
2026 Section 55. Section 63A-9-101 is amended to read:
2027 63A-9-101. Definitions.
2028 (1) (a) "Agency" means each department, commission, board, council, agency,
2029 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
2030 unit, bureau, panel, or other administrative unit of the state.
2031 (b) "Agency" includes the State Board of Education, the Office of Education, each
2032 Applied Technology Center, the board of regents, the institutional councils of each higher
2033 education institution, and each higher education institution.
2034 (c) "Agency" includes the legislative and judicial branches.
2035 (2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
2036 [
2037 [
2038 (5) "Executive director" means the executive director of the Department of
2039 Administrative Services.
2040 (6) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
2041 (b) "Motor vehicle" includes vehicles used for construction and other nontransportation
2042 purposes.
2043 (7) "State vehicle" means each motor vehicle owned, operated, or in the possession of
2044 an agency.
2045 Section 56. Section 67-3-1 is amended to read:
2046 67-3-1. Functions and duties.
2047 (1) (a) The state auditor is the auditor of public accounts and is independent of any
2048 executive or administrative officers of the state.
2049 (b) The state auditor is not limited in the selection of personnel or in the determination
2050 of the reasonable and necessary expenses of his office.
2051 (2) The state auditor shall examine and certify annually in respect to each fiscal year,
2052 financial statements showing:
2053 (a) the condition of the state's finances;
2054 (b) the revenues received or accrued;
2055 (c) expenditures paid or accrued;
2056 (d) the amount of unexpended or unencumbered balances of the appropriations to the
2057 agencies, departments, divisions, commissions, and institutions; and
2058 (e) the cash balances of the funds in the custody of the state treasurer.
2059 (3) (a) The state auditor shall:
2060 (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
2061 any department of state government or any independent agency or public corporation as the law
2062 requires, as the auditor determines is necessary, or upon request of the governor or the
2063 Legislature;
2064 (ii) perform the audits in accordance with generally accepted auditing standards and
2065 other auditing procedures as promulgated by recognized authoritative bodies;
2066 (iii) as the auditor determines is necessary, conduct the audits to determine:
2067 (A) honesty and integrity in fiscal affairs;
2068 (B) accuracy and reliability of financial statements;
2069 (C) effectiveness and adequacy of financial controls; and
2070 (D) compliance with the law.
2071 (b) If any state entity receives federal funding, the state auditor shall ensure that the
2072 audit is performed in accordance with federal audit requirements.
2073 (c) (i) The costs of the federal compliance portion of the audit may be paid from an
2074 appropriation to the state auditor from the General Fund.
2075 (ii) If an appropriation is not provided, or if the federal government does not
2076 specifically provide for payment of audit costs, the costs of the federal compliance portions of
2077 the audit shall be allocated on the basis of the percentage that each state entity's federal funding
2078 bears to the total federal funds received by the state.
2079 (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
2080 funds passed through the state to local governments and to reflect any reduction in audit time
2081 obtained through the use of internal auditors working under the direction of the state auditor.
2082 (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
2083 financial audits, and as the auditor determines is necessary, conduct performance and special
2084 purpose audits, examinations, and reviews of any entity that receives public funds, including a
2085 determination of any or all of the following:
2086 (i) the honesty and integrity of all its fiscal affairs;
2087 (ii) whether or not its administrators have faithfully complied with legislative intent;
2088 (iii) whether or not its operations have been conducted in an efficient, effective, and
2089 cost-efficient manner;
2090 (iv) whether or not its programs have been effective in accomplishing the intended
2091 objectives; and
2092 (v) whether or not its management, control, and information systems are adequate and
2093 effective.
2094 (b) The auditor may not conduct performance and special purpose audits,
2095 examinations, and reviews of any entity that receives public funds if the entity:
2096 (i) has an elected auditor; and
2097 (ii) has, within the entity's last budget year, had its financial statements or performance
2098 formally reviewed by another outside auditor.
2099 (5) The state auditor shall administer any oath or affirmation necessary to the
2100 performance of the duties of the auditor's office, and may subpoena witnesses and documents,
2101 whether electronic or otherwise, and examine into any matter that the auditor considers
2102 necessary.
2103 (6) The state auditor may require all persons who have had the disposition or
2104 management of any property of this state or its political subdivisions to submit statements
2105 regarding it at the time and in the form that the auditor requires.
2106 (7) The state auditor shall:
2107 (a) except where otherwise provided by law, institute suits in Salt Lake County in
2108 relation to the assessment, collection, and payment of its revenues against:
2109 (i) persons who by any means have become entrusted with public monies or property
2110 and have failed to pay over or deliver those monies or property; and
2111 (ii) all debtors of the state;
2112 (b) collect and pay into the state treasury all fees received by the state auditor;
2113 (c) perform the duties of a member of all boards of which the state auditor is a member
2114 by the constitution or laws of the state, and any other duties that are prescribed by the
2115 constitution and by law;
2116 (d) stop the payment of the salary of any state official or state employee who:
2117 (i) refuses to settle accounts or provide required statements about the custody and
2118 disposition of public funds or other state property;
2119 (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
2120 board or department head with respect to the manner of keeping prescribed accounts or funds;
2121 or
2122 (iii) fails to correct any delinquencies, improper procedures, and errors brought to the
2123 official's or employee's attention;
2124 (e) establish accounting systems, methods, and forms for public accounts in all taxing
2125 or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
2126 (f) superintend the contractual auditing of all state accounts;
2127 (g) subject to Subsection (8), withhold state allocated funds or the disbursement of
2128 property taxes from any state taxing or fee-assessing unit, if necessary, to ensure that officials
2129 and employees in those taxing units of the state comply with state laws and procedures in the
2130 budgeting, expenditures, and financial reporting of public funds; and
2131 (h) subject to Subsection (9), withhold the disbursement of tax monies from any
2132 county, if necessary, to ensure that officials and employees in the county comply with Section
2133 59-2-303.1 .
2134 (8) Except as otherwise provided by law, the state auditor may not withhold funds
2135 under Subsection (7)(g) until a taxing or fee-assessing unit has received formal written notice
2136 of noncompliance from the auditor and has been given 60 days to make the specified
2137 corrections.
2138 (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
2139 received formal written notice of noncompliance from the auditor and has been given 60 days
2140 to make the specified corrections.
2141 (10) The state auditor shall:
2142 (a) establish audit guidelines and procedures for audits of local mental health and
2143 substance abuse authorities and their contract providers, conducted pursuant to Title [
2144 Chapter [
2145
2146 Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, and Title 62A,
2147 Chapter 15, Substance Abuse and Mental Health Act; and
2148 (b) ensure that those guidelines and procedures provide assurances to the state that:
2149 (i) state and federal funds appropriated to local mental health authorities are used for
2150 mental health purposes;
2151 (ii) a private provider under an annual or otherwise ongoing contract to provide
2152 comprehensive mental health programs or services for a local mental health authority is in
2153 compliance with state and local contract requirements, and state and federal law;
2154 (iii) state and federal funds appropriated to local substance abuse authorities are used
2155 for substance abuse programs and services; and
2156 (iv) a private provider under an annual or otherwise ongoing contract to provide
2157 comprehensive substance abuse programs or services for a local substance abuse authority is in
2158 compliance with state and local contract requirements, and state and federal law.
2159 (11) The state auditor may, in accordance with the auditor's responsibilities for political
2160 subdivisions of the state as provided in Title 51, Chapter [
2161 from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate
2162 audits or investigations of any political subdivision that are necessary to determine honesty and
2163 integrity in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and
2164 adequacy of financial controls and compliance with the law.
2165 (12) (a) The state auditor may not audit work that the state auditor performed before
2166 becoming state auditor.
2167 (b) If the state auditor has previously been a responsible official in state government
2168 whose work has not yet been audited, the Legislature shall:
2169 (i) designate how that work shall be audited; and
2170 (ii) provide additional funding for those audits, if necessary.
2171 (13) (a) The following records in the custody or control of the state auditor are
2172 protected records under Title 63, Chapter 2, Government Records Access and Management
2173 Act:
2174 (i) records that would disclose information relating to allegations of personal
2175 misconduct, gross mismanagement, or illegal activity of a past or present governmental
2176 employee if the information or allegation cannot be corroborated by the state auditor through
2177 other documents or evidence, and the records relating to the allegation are not relied upon by
2178 the state auditor in preparing a final audit report;
2179 (ii) records and audit workpapers to the extent they would disclose the identity of a
2180 person who during the course of an audit, communicated the existence of any waste of public
2181 funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
2182 adopted under the laws of this state, a political subdivision of the state, or any recognized entity
2183 of the United States, if the information was disclosed on the condition that the identity of the
2184 person be protected;
2185 (iii) before an audit is completed and the final audit report is released, records or drafts
2186 circulated to a person who is not an employee or head of a governmental entity for their
2187 response or information;
2188 (iv) records that would disclose an outline or part of any audit survey plans or audit
2189 program; and
2190 (v) requests for audits, if disclosure would risk circumvention of an audit.
2191 (b) The provisions of Subsections (13)(a)(i), (ii), and (iii) do not prohibit the disclosure
2192 of records or information that relate to a violation of the law by a governmental entity or
2193 employee to a government prosecutor or peace officer.
2194 (c) The provisions of this Subsection (13) do not limit the authority otherwise given to
2195 the state auditor to classify a document as public, private, controlled, or protected under Title
2196 63, Chapter 2, Government Records Access and Management Act.
2197 Section 57. Section 67-5b-104 is amended to read:
2198 67-5b-104. Requirements of agreement.
2199 (1) To qualify for contracting as a Children's Justice Center, a comprehensive,
2200 multidisciplinary, nonprofit, intergovernmental body consisting of two or more public agencies
2201 and other persons shall enter into written agreements with one another for joint or cooperative
2202 action pursuant to this part.
2203 (2) Any agreement to create a center shall specify the following:
2204 (a) its duration, not to exceed 50 years;
2205 (b) the precise organization, composition, membership, and nature of any separate legal
2206 or administrative entity created, together with the powers delegated;
2207 (c) its purpose;
2208 (d) the manner of financing the joint or intergovernmental undertaking and of
2209 establishing and maintaining a budget;
2210 (e) the contracting public agency designated to oversee the accountability of the center,
2211 including the budget, costs, personnel, and management pursuant to Title 51, Chapter [
2212
2213 Other Local Entities Act;
2214 (f) the permissible method or methods to be employed in accomplishing the partial or
2215 complete termination of the agreement and in disposing of property upon the partial or
2216 complete termination; and
2217 (g) any other necessary and proper matters.
2218 (3) Any agreement made pursuant to this part shall, prior to and as a condition
2219 precedent to its becoming effective, be reviewed by the attorney general and the county
2220 attorney of the county where the center is located and approved for form and compatibility with
2221 the laws of this state.
2222 (4) Prior to its becoming effective, any agreement made pursuant to this part shall be
2223 filed with the person who keeps the records of each of the public agencies and other persons
2224 who are parties to it.
2225 (5) No agreement made pursuant to this part shall relieve any public agency of any
2226 obligation or responsibility imposed upon it by law except that actual and timely performance
2227 by an intergovernmental legal entity created to perform joint intergovernmental functions by an
2228 agreement made under this section may be offered in satisfaction of the obligation or
2229 responsibility.
2230 (6) Any public agency entering into an agreement pursuant to this part may appropriate
2231 funds and may sell, lease, give, or otherwise supply tangible and intangible property to a center
2232 created to operate the joint or intergovernmental undertaking and may provide personnel or
2233 services as may be within its legal power to appropriate, sell, lease, give, supply, or furnish.
2234 (7) Any one or more public agencies may contract with each other or with a legal or
2235 administrative entity created pursuant to this part to perform any governmental service,
2236 activity, or undertaking which each public agency or person entering into the contract is
2237 authorized by law to perform, provided that such contract is authorized by the governing body
2238 of each party to the contract.
2239 (8) Any facility or improvement jointly owned or jointly operated by any two or more
2240 public agencies and other persons or acquired or constructed pursuant to an agreement under
2241 this part may be operated by the intergovernmental body as may be provided by appropriate
2242 contract. Payment for the cost of the operation of the facility or improvement shall be made as
2243 provided in the contract and in accordance with any appropriation or funding restrictions.
2244 Section 58. Section 67-5b-106 is amended to read:
2245 67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms --
2246 Duties -- Authority.
2247 (1) The attorney general shall create the Advisory Board on Children's Justice to advise
2248 him about the Children's Justice Center Program.
2249 (2) The board shall be composed of:
2250 (a) the director of each Children's Justice Center;
2251 (b) the chair of each local advisory board established under Section 67-5b-105 ;
2252 (c) the attorney general or the attorney general's designee;
2253 (d) a representative of the Utah Sheriffs Association, appointed by the governor;
2254 (e) a chief of police, appointed by the governor;
2255 (f) one juvenile court judge and one district court judge, appointed by the chief justice;
2256 (g) a representative of the court appointed guardians ad litem, appointed by the chief
2257 justice;
2258 (h) a designated representative of the Division of Child and Family Services within the
2259 Department of Human Services, appointed by the director of that division;
2260 (i) a licensed mental health professional, appointed by the governor;
2261 (j) a person experienced in working with children with disabilities, appointed by the
2262 governor;
2263 (k) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
2264 appointed by the Utah Bar Commission;
2265 (l) one criminal prosecutor, licensed by the Utah State Bar and in good standing,
2266 appointed by the Prosecution Council;
2267 (m) a member of the governor's staff, appointed by the governor;
2268 (n) a member from the public, appointed by the governor, who exhibits sensitivity to
2269 the concerns of parents; and
2270 (o) additional members appointed as needed by the attorney general.
2271 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
2272 expire, the appointing authority shall appoint each new member or reappointed member to a
2273 four-year term.
2274 (b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority
2275 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
2276 terms of board members are staggered so that approximately half of the board is appointed
2277 every two years.
2278 (4) The Advisory Board on Children's Justice shall:
2279 (a) coordinate and support the statewide purpose of the program;
2280 (b) recommend statewide guidelines for the administration of the program;
2281 (c) advise the contracting entities of each Children's Justice Center;
2282 (d) recommend training and improvements in training;
2283 (e) review, evaluate, and make recommendations concerning state investigative,
2284 administrative, and judicial handling in both civil and criminal cases of child abuse, child
2285 sexual abuse, and neglect;
2286 (f) recommend programs to improve the prompt and fair resolution of civil and
2287 criminal court proceedings; and
2288 (g) recommend changes to state laws and procedures to provide comprehensive
2289 protection for children of abuse, child sexual abuse, and neglect.
2290 (5) The Advisory Board on Children's Justice may not supersede the authority of the
2291 contracting public agency to oversee the accountability of the center, including the budget,
2292 costs, personnel, and management pursuant to Section 67-5b-104 and Title 51, Chapter [
2293
2294 Other Local Entities Act.
2295 Section 59. Section 70A-8-101 is amended to read:
2296 70A-8-101. Definitions.
2297 (1) As used in this chapter:
2298 (a) "Adverse claim" means a claim that a claimant has a property interest in a financial
2299 asset and that it is a violation of the rights of the claimant for another person to hold, transfer,
2300 or deal with the financial asset.
2301 (b) "Bearer form," as applied to a certificated security, means a form in which the
2302 security is payable to the bearer of the security certificate according to its terms but not by
2303 reason of an indorsement.
2304 (c) "Broker" means a person defined as a broker or dealer under the federal securities
2305 laws, but without excluding a bank acting in that capacity.
2306 (d) "Certificated security" means a security that is represented by a certificate.
2307 (e) "Clearing corporation" means:
2308 (i) a person that is registered as a "clearing agency" under the federal securities laws;
2309 (ii) a federal reserve bank; or
2310 (iii) any other person that provides clearance or settlement services with respect to
2311 financial assets that would require it to register as a clearing agency under the federal securities
2312 laws but for an exclusion or exemption from the registration requirement, if its activities as a
2313 clearing corporation, including promulgation of rules, are subject to regulation by a federal or
2314 state governmental authority.
2315 (f) "Communicate" means to:
2316 (i) send a signed writing; or
2317 (ii) transmit information by any mechanism agreed upon by the persons transmitting
2318 and receiving the information.
2319 (g) "Entitlement holder" means a person identified in the records of a securities
2320 intermediary as the person having a security entitlement against the securities intermediary. If
2321 a person acquired a security entitlement by virtue of Subsection 70A-8-501 (2)(b) or (c), that
2322 person is the entitlement holder.
2323 (h) "Entitlement order" means a notification communicated to a securities intermediary
2324 directing transfer or redemption of a financial asset to which the entitlement holder has a
2325 security entitlement.
2326 (i) (i) "Financial asset," except as otherwise provided in Section 70A-8-102 , means:
2327 (A) a security;
2328 (B) an obligation of a person or a share, participation, or other interest [
2329 or in property or an enterprise of a person, which is or is of a type, dealt in or traded on
2330 financial markets, or which is recognized in any area in which it is issued or dealt in as a
2331 medium for investment; or
2332 (C) any property that is held by a securities intermediary for another person in a
2333 securities account if that securities intermediary has expressly agreed with the other person that
2334 the property is to be treated as a financial asset under this chapter.
2335 (ii) As context requires, the term means either the interest itself or the means by which
2336 a person's claim to it is evidenced, including a certificated or uncertificated security, a security
2337 certificate, or a security entitlement.
2338 (j) "Good faith," for purposes of the obligation of good faith in the performance or
2339 enforcement of contracts or duties within this chapter, means honesty in fact and the
2340 observance of reasonable commercial standards of fair dealing.
2341 (k) "Indorsement" means a signature that alone or accompanied by other words is made
2342 on a security certificate in registered form or on a separate document for the purpose of
2343 assigning, transferring, or redeeming the security or granting a power to assign, transfer, or
2344 redeem it.
2345 (l) "Instruction" means a notification communicated to the issuer of an uncertificated
2346 security which directs that the transfer of the security be registered or that the security be
2347 redeemed.
2348 (m) "Registered form," as applied to a certificated security, means a form in which:
2349 (i) the security certificate specifies a person entitled to the security; and
2350 (ii) a transfer of the security may be registered upon books maintained for that purpose
2351 by or on behalf of the issuer, or the security certificate so states.
2352 (n) "Securities intermediary" means:
2353 (i) a clearing corporation; or
2354 (ii) a person, including a bank or broker, that in the ordinary course of its business
2355 maintains securities accounts for others and is acting in that capacity.
2356 (o) "Security," except as otherwise provided in Section 70A-8-102 , means an
2357 obligation of an issuer or a share, participation, or other interest in an issuer or in property or an
2358 enterprise of an issuer:
2359 (i) which is represented by a security certificate in bearer or registered form, or the
2360 transfer of which may be registered upon books maintained for that purpose by or on behalf of
2361 the issuer;
2362 (ii) which is one of a class or series or by its terms is divisible into a class or series of
2363 shares, participations, interests, or obligations; and
2364 (iii) which:
2365 (A) is, or is of a type, dealt in or traded on securities exchanges or securities markets;
2366 or
2367 (B) is a medium for investment and by its terms expressly provides that it is a security
2368 governed by this chapter.
2369 (p) "Security certificate" means a certificate representing a security.
2370 (q) "Security entitlement" means the rights and property interest of an entitlement
2371 holder with respect to a financial asset specified in Part 5.
2372 (r) "Uncertificated security" means a security that is not represented by a certificate.
2373 (2) Other definitions applying to this chapter and the sections in which they appear are:
2374 (a) "appropriate person," Section 70A-8-106 ;
2375 (b) "control," Section 70A-8-105 ;
2376 (c) "delivery," Section 70A-8-301 ;
2377 (d) "investment company security," Section 70A-8-102 ;
2378 (e) "issuer," Section 70A-8-201 ;
2379 (f) "overissue," Section 70A-8-210 ;
2380 (g) "protected purchaser," Section 70A-8-303 ; and
2381 (h) "securities account," Section 70A-8-501 .
2382 (3) In addition, Chapter 1, General Provisions, contains general definitions and
2383 principles of construction and interpretation applicable throughout this chapter.
2384 (4) The characterization of a person, business, or transaction for purposes of this
2385 chapter does not determine the characterization of the person, business, or transaction for
2386 purposes of any other law, regulation, or rule.
2387 Section 60. Section 75-5a-119 is amended to read:
2388 75-5a-119. Renunciation, resignation, death, or removal of custodian --
2389 Designation of successor custodian.
2390 (1) A person nominated under Section 75-5a-104 or designated under Section
2391 75-5a-110 as custodian may decline to serve by delivering a valid disclaimer to the person who
2392 made the nomination or to the transferor or the transferor's legal representative. If the event
2393 giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible
2394 to serve was nominated under Section 75-5a-104 , the person who made the nomination may
2395 nominate a substitute custodian under Section 75-5a-104 ; otherwise the transferor or the
2396 transferor's legal representative shall designate a substitute custodian at the time of the transfer,
2397 in either case from among the persons eligible to serve as custodian for that kind of property
2398 under Subsection 75-5a-110 (1). The custodian designated has the rights of a successor
2399 custodian.
2400 (2) A custodian at any time may designate a trust company or an adult other than a
2401 transferor under Section [
2402 an instrument of designation before a subscribing witness other than the successor. If the
2403 instrument of designation does not contain or is not accompanied by the resignation of the
2404 custodian, the designation of the successor does not take effect until the custodian resigns, dies,
2405 becomes incapacitated, or is removed.
2406 (3) A custodian may resign at any time by delivering written notice to the minor if the
2407 minor is 14 years of age or older and to the successor custodian and by delivering the custodial
2408 property to the successor custodian.
2409 (4) (a) If a custodian is ineligible, dies, or becomes incapacitated without having
2410 effectively designated a successor and the minor is 14 years of age or older, the minor may
2411 designate as successor custodian, in the manner prescribed in Subsection (2), an adult member
2412 of the minor's family, a conservator of the minor, or a trust company. If the minor is not yet 14
2413 years of age or fails to act within 60 days after the ineligibility, death, or incapacity, the
2414 conservator of the minor becomes successor custodian.
2415 (b) If the minor has no conservator or the conservator declines to act, the transferor, the
2416 legal representative of the transferor or of the custodian, an adult member of the minor's family,
2417 or any other interested person may petition the court to designate a successor custodian.
2418 (5) A custodian who declines to serve under Subsection (1) or resigns under Subsection
2419 (3), or the legal representative of a deceased or incapacitated custodian shall as soon as
2420 practicable place the custodial property and records in the possession and control of the
2421 successor custodian. The successor custodian by action may enforce the obligation to deliver
2422 custodial property and records and becomes responsible for each item as received.
2423 (6) A transferor, the legal representative of a transferor, an adult member of the minor's
2424 family, a guardian of the person of the minor, the conservator of the minor, or the minor if he is
2425 14 years of age or older, may petition the court to remove the custodian for cause and to
2426 designate a successor custodian other than a transferor under Section 75-5a-105 or to require
2427 the custodian to give appropriate bond.
2428 Section 61. Section 77-19-201 is amended to read:
2429 77-19-201. Definition.
2430 As used in this part, "incompetent to be executed" means that [
2431 condition, an inmate is unaware of either the punishment he is about to suffer or why he is to
2432 suffer it.
2433 Section 62. Section 78-12-33.5 is amended to read:
2434 78-12-33.5. Statute of limitations -- Asbestos damages -- Action by state or
2435 governmental entity.
2436 (1) (a) No statute of limitations or repose may bar an action by the state or other
2437 governmental entity to recover damages from any manufacturer of any construction materials
2438 containing asbestos, when the action arises out of the manufacturer's providing the materials,
2439 directly or [
2440 contractor on behalf of the state or other governmental entity.
2441 (b) Subsection (1)(a) provides for actions not yet barred, and also acts retroactively to
2442 permit actions under this section that are otherwise barred.
2443 (2) As used in this section, "asbestos" means asbestiform varieties of:
2444 (a) chrysotile (serpentine);
2445 (b) crocidolite (riebeckite);
2446 (c) amosite (cummingtonite-grunerite);
2447 (d) anthophyllite;
2448 (e) tremolite; or
2449 (f) actinolite.
Legislative Review Note
as of 1-5-05 3:11 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.