H.B. 78 Enrolled

1

TITLE 78 RECODIFICATION AND
2 REVISION
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jackie Biskupski
6 Senate Sponsor: Gregory S. Bell
7
8 LONG TITLE
9 General Description:
10 This bill is a Recodification, Revision, and Renumber of Title 78, Utah Code
11 Annotated, 1953.
12 Highlighted Provisions:
13 This bill:
14 . creates new two new titles within the Utah Code;
15 . Title 78A - Judiciary and Judicial Administration, which includes:
16 . Chapter 1: Judiciary;
17 . Chapter 2: Administration;
18 . Chapter 3: Supreme Court;
19 . Chapter 4: Court of Appeals;
20 . Chapter 5: District Court;
21 . Chapter 6: Juvenile Court;
22 . Chapter 7: Justice Court;
23 . Chapter 8: Small Claims Court;
24 . Chapter 9: Attorneys;
25 . Chapter 10: Judicial Selection Act; and
26 . Chapter 11: Judicial Conduct Commission;
27 . Title 78B - Judicial Code, which includes:
28 . Chapter 1: Juries and Witnesses;
29 . Chapter 2: Statutes of Limitations;

30 . Chapter 3: Actions and Venue;
31 . Chapter 4: Limitations on Liability;
32 . Chapter 5: Procedure and Evidence;
33 . Chapter 6: Particular Proceedings;
34 . Chapter 7: Protective Orders;
35 . Chapter 8: Miscellaneous;
36 . Chapter 9: Post-Conviction Remedies Act;
37 . Chapter 10: Utah Uniform Mediation Act;
38 . Chapter 11: Utah Uniform Arbitration Act;
39 . Chapter 12: Utah Child Support Act;
40 . Chapter 13: Utah Uniform Child Custody Jurisdiction and Enforcement Act;
41 . Chapter 14: Uniform Interstate Family Support Act;
42 . Chapter 15: Utah Uniform Parentage Act; and
43 . Chapter 16: Utah Uniform Child Abduction Prevention Act; and
44 . makes other technical and stylistic changes.
45 Monies Appropriated in this Bill:
46 None
47 Other Special Clauses:
48 This bill provides an immediate effective date.
49 This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General,
50 by providing superseding amendments.
51 Utah Code Sections Affected:
52 AMENDS:
53 7-1-301, as last amended by Laws of Utah 2004, Chapter 92
54 10-8-2, as last amended by Laws of Utah 2007, Chapters 291 and 306
55 11-13-313, as last amended by Laws of Utah 2004, Chapter 90
56 11-13-314, as last amended by Laws of Utah 2007, Chapter 306
57 11-36-402, as last amended by Laws of Utah 2004, Chapter 90

58 13-42-119, as enacted by Laws of Utah 2006, Chapter 154
59 13-43-203, as enacted by Laws of Utah 2006, Chapter 258
60 13-43-204, as enacted by Laws of Utah 2006, Chapter 258
61 13-43-206, as enacted by Laws of Utah 2006, Chapter 258
62 15-4-6.7, as enacted by Laws of Utah 1995, Chapter 175
63 17-20-1, as last amended by Laws of Utah 2001, Chapter 241
64 17-50-302, as last amended by Laws of Utah 2005, Chapter 254
65 17B-1-103, as enacted by Laws of Utah 2007, Chapter 329
66 17B-1-506, as renumbered and amended by Laws of Utah 2007, Chapter 329
67 17B-2a-820, as enacted by Laws of Utah 2007, Chapter 329
68 19-6-113, as last amended by Laws of Utah 2005, Chapter 10
69 19-9-106, as renumbered and amended by Laws of Utah 2003, Chapter 184
70 20A-1-506, as last amended by Laws of Utah 2006, Chapter 16
71 20A-7-702, as last amended by Laws of Utah 2005, Chapter 236
72 24-1-3.5, as enacted by Laws of Utah 2004, Chapter 296
73 26-2-5, as last amended by Laws of Utah 2005, Chapter 150
74 26-2-10, as last amended by Laws of Utah 2000, Chapter 86
75 26-2-15, as last amended by Laws of Utah 1995, Chapter 202
76 26-2-22, as last amended by Laws of Utah 2006, Chapters 55 and 56
77 26-2-28, as last amended by Laws of Utah 2004, Chapter 56
78 26-3-7, as last amended by Laws of Utah 2000, Chapter 86
79 26-6-6, as last amended by Laws of Utah 1998, Chapter 143
80 26-6-27, as last amended by Laws of Utah 1998, Chapter 282
81 26-6b-3.4, as enacted by Laws of Utah 2006, Chapter 185
82 26-21-9.5, as last amended by Laws of Utah 2007, Chapter 43
83 26-23b-102, as enacted by Laws of Utah 2002, Chapter 155
84 26-25-1, as last amended by Laws of Utah 2003, Chapter 242
85 26A-1-121, as last amended by Laws of Utah 2002, Chapter 249

86 30-1-17.2, as last amended by Laws of Utah 2005, Chapter 150
87 30-2-5, as last amended by Laws of Utah 1995, Chapter 175
88 30-2-11, as last amended by Laws of Utah 2005, Chapter 102
89 30-3-3, as last amended by Laws of Utah 2001, Chapter 255
90 30-3-4, as last amended by Laws of Utah 2006, Chapter 55
91 30-3-5.2, as last amended by Laws of Utah 2001, Chapter 255
92 30-3-10, as last amended by Laws of Utah 2006, Chapter 314
93 30-3-10.5, as last amended by Laws of Utah 2000, Chapter 161
94 30-3-15.3, as last amended by Laws of Utah 2006, Chapter 55
95 30-3-17.1, as enacted by Laws of Utah 1969, Chapter 72
96 30-3-32, as last amended by Laws of Utah 2006, Chapter 287
97 30-3-39, as enacted by Laws of Utah 2005, Chapter 271
98 31A-2-304, as enacted by Laws of Utah 1985, Chapter 242
99 31A-4-106, as last amended by Laws of Utah 2003, Chapter 298
100 31A-8a-102, as enacted by Laws of Utah 2005, Chapter 58
101 31A-21-313, as last amended by Laws of Utah 1996, Chapter 193
102 31A-22-303, as last amended by Laws of Utah 2005, Chapter 295
103 31A-22-305, as last amended by Laws of Utah 2007, Chapter 307
104 31A-22-305.3, as last amended by Laws of Utah 2007, Chapter 307
105 31A-22-321, as last amended by Laws of Utah 2007, Chapter 236
106 31A-22-610.5, as last amended by Laws of Utah 2004, Chapters 108 and 185
107 31A-22-617, as last amended by Laws of Utah 2007, Chapter 309
108 31A-23a-109, as renumbered and amended by Laws of Utah 2003, Chapter 298
109 31A-26-208, as last amended by Laws of Utah 2001, Chapter 116
110 31A-29-103, as last amended by Laws of Utah 2007, Chapter 40
111 32A-11a-108, as last amended by Laws of Utah 2004, Chapter 90
112 32A-12-209, as last amended by Laws of Utah 2007, Chapter 284
113 32A-12-209.5, as enacted by Laws of Utah 2007, Chapter 284

114 32A-14a-102, as last amended by Laws of Utah 2007, Chapter 284
115 34A-1-302, as enacted by Laws of Utah 1997, Chapter 375
116 34A-2-106, as renumbered and amended by Laws of Utah 1997, Chapter 375
117 34A-2-901, as renumbered and amended by Laws of Utah 2005, Chapter 243
118 34A-2-902, as renumbered and amended by Laws of Utah 2005, Chapter 243
119 34A-6-301, as last amended by Laws of Utah 2007, Chapter 153
120 34A-7-202, as last amended by Laws of Utah 2006, Chapter 155
121 35A-1-301, as last amended by Laws of Utah 1997, Chapter 375
122 35A-3-307, as enacted by Laws of Utah 1997, Chapter 174
123 35A-3-308, as last amended by Laws of Utah 2004, Chapter 29
124 35A-4-305, as last amended by Laws of Utah 2007, Chapter 133
125 36-14-5, as last amended by Laws of Utah 1994, Chapter 191
126 36-20-1, as last amended by Laws of Utah 1995, Chapter 20
127 38-1-11, as last amended by Laws of Utah 2007, Chapter 332
128 38-9-2, as last amended by Laws of Utah 2005, Chapter 93
129 40-10-22, as last amended by Laws of Utah 1994, Chapter 219
130 40-10-30, as last amended by Laws of Utah 1994, Chapter 219
131 41-6a-521, as last amended by Laws of Utah 2007, Chapter 261
132 49-17-102, as renumbered and amended by Laws of Utah 2002, Chapter 250
133 49-17-301, as last amended by Laws of Utah 2007, Chapter 130
134 49-18-102, as renumbered and amended by Laws of Utah 2002, Chapter 250
135 49-18-301, as last amended by Laws of Utah 2007, Chapter 130
136 53-3-204, as last amended by Laws of Utah 2006, Chapters 46, 201, and 293
137 53-3-219, as last amended by Laws of Utah 2007, Chapter 284
138 53-3-220, as last amended by Laws of Utah 2007, Chapter 261
139 53-3-223, as last amended by Laws of Utah 2007, Chapter 261
140 53-5-704, as last amended by Laws of Utah 2006, Chapter 144
141 53-10-108, as last amended by Laws of Utah 2004, Chapter 122

142 53-10-208, as last amended by Laws of Utah 2000, Chapters 218 and 303
143 53-10-208.1, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
144 53-10-404, as last amended by Laws of Utah 2006, Chapter 306
145 53-10-407, as last amended by Laws of Utah 2007, Chapter 125
146 53A-1a-105.5, as enacted by Laws of Utah 2000, Chapter 274
147 53A-11-103, as last amended by Laws of Utah 2007, Chapter 81
148 53A-11-105, as last amended by Laws of Utah 2007, Chapter 81
149 53A-11-806, as enacted by Laws of Utah 1994, Chapter 41
150 53A-11-1001, as last amended by Laws of Utah 2004, Chapter 102
151 53A-11-1004, as last amended by Laws of Utah 2004, Chapter 102
152 53B-8d-102, as last amended by Laws of Utah 2005, Chapter 286
153 54-8a-8.5, as last amended by Laws of Utah 2004, Chapter 90
154 57-3-106, as last amended by Laws of Utah 2007, Chapters 268 and 287
155 57-8-38, as last amended by Laws of Utah 2004, Chapter 90
156 57-16-6, as last amended by Laws of Utah 2001, Chapter 256
157 57-16-15.1, as last amended by Laws of Utah 2001, Chapter 256
158 57-18-7, as last amended by Laws of Utah 1999, Chapter 24
159 57-19-19, as enacted by Laws of Utah 1987, Chapter 73
160 57-22-4, as enacted by Laws of Utah 1990, Chapter 314
161 57-22-5.1, as enacted by Laws of Utah 2005, Chapter 120
162 57-22-6, as last amended by Laws of Utah 1996, Chapter 198
163 58-13-4, as last amended by Laws of Utah 2003, Chapter 131
164 58-13-5, as enacted by Laws of Utah 1996, Chapter 248
165 58-31b-701, as last amended by Laws of Utah 2004, Chapter 247
166 58-37-6, as last amended by Laws of Utah 2006, Chapters 21 and 281
167 58-60-114, as last amended by Laws of Utah 1997, Chapter 10
168 58-60-509, as last amended by Laws of Utah 2007, Chapter 283
169 58-61-602, as last amended by Laws of Utah 2003, Chapter 131

170 58-74-401, as enacted by Laws of Utah 1997, Chapter 372
171 58-74-502, as last amended by Laws of Utah 2004, Chapter 77
172 59-1-403, as last amended by Laws of Utah 2007, Chapter 250
173 59-12-102, as last amended by Laws of Utah 2007, Chapters 9, 214, 224, and 288
174 61-1-21.1, as last amended by Laws of Utah 1992, Chapter 216
175 61-2-12, as last amended by Laws of Utah 2007, Chapter 325
176 61-2b-31, as last amended by Laws of Utah 2007, Chapter 325
177 61-2c-402.1, as enacted by Laws of Utah 2005, Chapter 199
178 61-2d-106, as enacted by Laws of Utah 2004, Chapter 252
179 62A-1-111, as last amended by Laws of Utah 2005, Chapter 212
180 62A-2-117.5, as enacted by Laws of Utah 2000, Chapter 285
181 62A-2-120, as last amended by Laws of Utah 2007, Chapter 152
182 62A-2-121, as last amended by Laws of Utah 2007, Chapter 152
183 62A-4a-101, as last amended by Laws of Utah 2006, Chapters 75 and 281
184 62A-4a-102, as last amended by Laws of Utah 2005, Chapter 188
185 62A-4a-103, as last amended by Laws of Utah 2002, Chapter 281
186 62A-4a-105, as last amended by Laws of Utah 2006, Chapter 281
187 62A-4a-113, as last amended by Laws of Utah 2002, Chapter 149
188 62A-4a-114, as last amended by Laws of Utah 2003, Chapter 176
189 62A-4a-118, as last amended by Laws of Utah 2003, Chapters 94 and 232
190 62A-4a-201, as last amended by Laws of Utah 2006, Chapter 75
191 62A-4a-202.1, as last amended by Laws of Utah 2007, Chapter 169
192 62A-4a-202.2, as last amended by Laws of Utah 2006, Chapters 55, 75, and 281
193 62A-4a-202.3, as last amended by Laws of Utah 2007, Chapter 169
194 62A-4a-202.4, as last amended by Laws of Utah 1998, Chapter 263
195 62A-4a-202.6, as last amended by Laws of Utah 2006, Chapter 55
196 62A-4a-202.8, as last amended by Laws of Utah 2005, Chapter 22
197 62A-4a-203, as last amended by Laws of Utah 2006, Chapter 75

198 62A-4a-203.5, as last amended by Laws of Utah 2005, Chapter 286
199 62A-4a-205, as last amended by Laws of Utah 2007, Chapter 169
200 62A-4a-205.5, as last amended by Laws of Utah 1997, Chapter 329
201 62A-4a-205.6, as last amended by Laws of Utah 2000, Chapter 39
202 62A-4a-206, as last amended by Laws of Utah 2002, Chapter 306
203 62A-4a-207, as last amended by Laws of Utah 2006, Chapter 14
204 62A-4a-208, as enacted by Laws of Utah 1998, Chapter 274
205 62A-4a-209, as last amended by Laws of Utah 2007, Chapter 169
206 62A-4a-250, as last amended by Laws of Utah 1998, Chapter 274
207 62A-4a-409, as last amended by Laws of Utah 2006, Chapter 75
208 62A-4a-412, as last amended by Laws of Utah 2006, Chapters 77 and 281
209 62A-4a-602, as last amended by Laws of Utah 2000, Chapter 208
210 62A-4a-607, as last amended by Laws of Utah 2006, Chapter 223
211 62A-4a-702, as renumbered and amended by Laws of Utah 1994, Chapter 260
212 62A-4a-708, as renumbered and amended by Laws of Utah 1994, Chapter 260
213 62A-4a-802, as last amended by Laws of Utah 2002, Chapter 246
214 62A-4a-1003, as last amended by Laws of Utah 2007, Chapter 152
215 62A-4a-1005, as renumbered and amended by Laws of Utah 2006, Chapter 77
216 62A-4a-1006, as renumbered and amended by Laws of Utah 2006, Chapter 77
217 62A-4a-1010, as renumbered and amended by Laws of Utah 2006, Chapter 77
218 62A-5-103.5, as last amended by Laws of Utah 2007, Chapter 152
219 62A-5-109, as last amended by Laws of Utah 1995, Chapter 258
220 62A-7-101, as last amended by Laws of Utah 2005, Chapter 13
221 62A-7-102, as last amended by Laws of Utah 2003, Chapter 171
222 62A-7-104, as last amended by Laws of Utah 2006, Chapter 269
223 62A-7-201, as last amended by Laws of Utah 2005, Chapter 13
224 62A-11-104, as last amended by Laws of Utah 2006, Chapter 55
225 62A-11-107, as last amended by Laws of Utah 1997, Chapter 232

226 62A-11-303, as last amended by Laws of Utah 2000, Chapter 161
227 62A-11-304.2, as last amended by Laws of Utah 2002, Chapter 60
228 62A-11-304.4, as last amended by Laws of Utah 2006, Chapter 77
229 62A-11-305, as last amended by Laws of Utah 2000, Chapter 161
230 62A-11-312.5, as last amended by Laws of Utah 2003, Chapter 176
231 62A-11-333, as enacted by Laws of Utah 2000, Chapter 161
232 62A-11-401, as last amended by Laws of Utah 2000, Chapter 161
233 62A-15-202, as last amended by Laws of Utah 2003, Chapter 22
234 62A-15-204, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
235 Chapter 8
236 62A-15-607, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
237 Chapter 8
238 62A-15-626, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
239 Chapter 8
240 62A-15-630, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
241 Chapter 8
242 62A-15-703, as last amended by Laws of Utah 2003, Chapter 171
243 63-2-304, as last amended by Laws of Utah 2007, Chapters 66 and 352
244 63-5a-8, as last amended by Laws of Utah 2007, Chapters 66 and 328
245 63-11-17, as last amended by Laws of Utah 2003, Chapter 328
246 63-30d-302, as enacted by Laws of Utah 2004, Chapter 267
247 63-46b-15, as last amended by Laws of Utah 2001, Chapters 120 and 138
248 63-46c-102, as enacted by Laws of Utah 2001, Chapter 173
249 63-46c-103, as enacted by Laws of Utah 2001, Chapter 173
250 63-55-278, as last amended by Laws of Utah 2007, Chapters 216 and 324
251 63-55b-178, as last amended by Laws of Utah 2007, Chapters 216, 306, and 354
252 63-56-207, as renumbered and amended by Laws of Utah 2005, Chapter 25
253 63-63a-1, as last amended by Laws of Utah 2005, Chapter 2

254 63-63a-2, as last amended by Laws of Utah 2007, Chapter 330
255 63-63a-5, as last amended by Laws of Utah 1998, Chapter 171
256 63-63a-8, as last amended by Laws of Utah 2007, Chapter 326
257 63-63a-8.5, as enacted by Laws of Utah 1997, Chapter 194
258 63-75-6, as last amended by Laws of Utah 2005, Chapter 81
259 63A-8-201, as last amended by Laws of Utah 2006, Chapter 65
260 63A-9-801, as last amended by Laws of Utah 2006, Chapter 139
261 63A-11-102, as last amended by Laws of Utah 2006, Chapters 55 and 76
262 63A-11-201, as last amended by Laws of Utah 2006, Chapter 76
263 63D-2-102, as last amended by Laws of Utah 2007, Chapter 329
264 63D-2-104, as enacted by Laws of Utah 2004, Chapter 175
265 67-19-15, as last amended by Laws of Utah 2007, Chapters 34 and 166
266 72-5-111, as last amended by Laws of Utah 2003, Chapter 300
267 72-5-404, as last amended by Laws of Utah 2003, Chapter 300
268 72-7-510, as last amended by Laws of Utah 1999, Chapter 21
269 73-3-3.5, as last amended by Laws of Utah 2006, Chapter 85
270 73-26-404, as enacted by Laws of Utah 1991, Chapter 251
271 73-28-104, as enacted by Laws of Utah 2006, Chapter 216
272 75-2-114, as last amended by Laws of Utah 2005, Chapter 150
273 75-2a-103, as enacted by Laws of Utah 2007, Chapter 31
274 75-5-209, as last amended by Laws of Utah 2005, Chapter 137
275 76-3-406.5, as enacted by Laws of Utah 2006, Chapter 348
276 76-5-102.7, as last amended by Laws of Utah 1999, Chapter 141
277 76-5-108, as last amended by Laws of Utah 2006, Chapter 157
278 76-5-109.1, as last amended by Laws of Utah 2002, Chapter 81
279 76-5-110, as last amended by Laws of Utah 2006, Chapter 75
280 76-5-413, as last amended by Laws of Utah 2003, Chapter 171
281 76-7-305, as last amended by Laws of Utah 2006, Chapter 207

282 76-8-601, as last amended by Laws of Utah 1998, Chapter 13
283 76-9-701, as last amended by Laws of Utah 2007, Chapter 284
284 76-10-306, as last amended by Laws of Utah 2002, Chapter 166
285 76-10-523.5, as last amended by Laws of Utah 2002, Chapter 323
286 76-10-803, as last amended by Laws of Utah 2002, Chapter 183
287 76-10-1605, as last amended by Laws of Utah 1993, Chapter 38
288 77-1-3, as last amended by Laws of Utah 1995, Chapter 201
289 77-2-4.2, as last amended by Laws of Utah 2006, Chapter 315
290 77-2a-3, as last amended by Laws of Utah 2006, Chapter 341
291 77-3a-101, as enacted by Laws of Utah 2001, Chapter 276
292 77-7-6, as last amended by Laws of Utah 1995, Chapter 118
293 77-10a-5, as repealed and reenacted by Laws of Utah 1994, Chapter 218
294 77-13-6, as last amended by Laws of Utah 2004, Chapter 90
295 77-18-1, as last amended by Laws of Utah 2007, Chapter 218
296 77-18-3, as last amended by Laws of Utah 1996, Chapter 198
297 77-18-6, as last amended by Laws of Utah 2002, Chapter 35
298 77-18-10, as last amended by Laws of Utah 2001, Chapter 46
299 77-19-8, as last amended by Laws of Utah 2004, Chapters 137 and 139
300 77-20-9, as last amended by Laws of Utah 1996, Chapter 198
301 77-32-303, as last amended by Laws of Utah 2007, Chapter 306
302 77-36-1, as last amended by Laws of Utah 2006, Chapter 46
303 77-36-2.1, as last amended by Laws of Utah 2003, Chapter 68
304 77-36-2.4, as last amended by Laws of Utah 2006, Chapter 157
305 77-36-2.5, as last amended by Laws of Utah 2004, Chapter 341
306 77-36-2.7, as last amended by Laws of Utah 1999, Chapter 54
307 77-36-6, as last amended by Laws of Utah 2006, Chapter 157
308 77-38-5, as last amended by Laws of Utah 1997, Chapters 10, 103, and 365
309 77-38a-404, as last amended by Laws of Utah 2007, Chapters 154 and 305

310 ENACTS:
311 77-38-301, Utah Code Annotated 1953
312 78A-6-301, Utah Code Annotated 1953
313 78A-8-101, Utah Code Annotated 1953
314 78A-8-109, Utah Code Annotated 1953
315 78A-10-101, Utah Code Annotated 1953
316 78A-10-201, Utah Code Annotated 1953
317 78A-10-202, Utah Code Annotated 1953
318 78A-10-203, Utah Code Annotated 1953
319 78A-10-204, Utah Code Annotated 1953
320 78A-10-205, Utah Code Annotated 1953
321 78A-10-301, Utah Code Annotated 1953
322 78A-10-302, Utah Code Annotated 1953
323 78A-10-303, Utah Code Annotated 1953
324 78A-10-304, Utah Code Annotated 1953
325 78A-10-305, Utah Code Annotated 1953
326 78A-11-101, Utah Code Annotated 1953
327 78A-11-104, Utah Code Annotated 1953
328 78A-11-109, Utah Code Annotated 1953
329 78A-11-110, Utah Code Annotated 1953
330 78A-11-111, Utah Code Annotated 1953
331 78A-11-112, Utah Code Annotated 1953
332 78B-3-101, Utah Code Annotated 1953
333 78B-3-104, Utah Code Annotated 1953
334 78B-3-108, Utah Code Annotated 1953
335 78B-3-109, Utah Code Annotated 1953
336 78B-5-613, Utah Code Annotated 1953
337 78B-6-101, Utah Code Annotated 1953

338 78B-6-103, Utah Code Annotated 1953
339 78B-6-104, Utah Code Annotated 1953
340 78B-6-117, Utah Code Annotated 1953
341 78B-6-120, Utah Code Annotated 1953
342 78B-6-121, Utah Code Annotated 1953
343 78B-6-122, Utah Code Annotated 1953
344 78B-6-128, Utah Code Annotated 1953
345 78B-6-129, Utah Code Annotated 1953
346 78B-6-130, Utah Code Annotated 1953
347 78B-6-131, Utah Code Annotated 1953
348 78B-6-313, Utah Code Annotated 1953
349 78B-6-605, Utah Code Annotated 1953
350 78B-6-702, Utah Code Annotated 1953
351 78B-6-801, Utah Code Annotated 1953
352 78B-6-1102, Utah Code Annotated 1953
353 78B-6-1106, Utah Code Annotated 1953
354 78B-6-1201, Utah Code Annotated 1953
355 78B-6-1211, Utah Code Annotated 1953
356 78B-6-1301, Utah Code Annotated 1953
357 78B-6-1302, Utah Code Annotated 1953
358 78B-6-1303, Utah Code Annotated 1953
359 78B-6-1304, Utah Code Annotated 1953
360 78B-6-1313, Utah Code Annotated 1953
361 78B-7-101, Utah Code Annotated 1953
362 78B-8-101, Utah Code Annotated 1953
363 78B-8-104, Utah Code Annotated 1953
364 78B-8-105, Utah Code Annotated 1953
365 78B-8-106, Utah Code Annotated 1953

366 78B-8-107, Utah Code Annotated 1953
367 78B-8-108, Utah Code Annotated 1953
368 78B-8-109, Utah Code Annotated 1953
369 78B-8-110, Utah Code Annotated 1953
370 78B-8-601, Utah Code Annotated 1953
371 78B-8-602, Utah Code Annotated 1953
372 78B-12-302, Utah Code Annotated 1953
373 78B-12-402, Utah Code Annotated 1953
374 78B-12-403, Utah Code Annotated 1953
375 RENUMBERS AND AMENDS:
376 7-1-1001, (Renumbered from 78-27-45, as last amended by Laws of Utah 1999,
377 Chapter 184)
378 7-1-1002, (Renumbered from 78-27-46, as last amended by Laws of Utah 1999,
379 Chapter 184)
380 7-1-1003, (Renumbered from 78-27-47, as last amended by Laws of Utah 1999,
381 Chapter 184)
382 7-1-1004, (Renumbered from 78-27-48, as last amended by Laws of Utah 1999,
383 Chapter 184)
384 7-1-1005, (Renumbered from 78-27-49, as last amended by Laws of Utah 1999,
385 Chapter 184)
386 7-1-1006, (Renumbered from 78-27-50, as last amended by Laws of Utah 2005,
387 Chapter 82)
388 7-1-1007, (Renumbered from 78-27-50.5, as enacted by Laws of Utah 1999, Chapter
389 184)
390 53A-11-1301, (Renumbered from 78-3e-1, as last amended by Laws of Utah 1988,
391 Chapter 2)
392 53A-11-1302, (Renumbered from 78-3e-2, as enacted by Laws of Utah 1986, Chapter
393 96)

394 53A-11-1303, (Renumbered from 78-3e-3, as enacted by Laws of Utah 1986, Chapter
395 96)
396 53A-11-1304, (Renumbered from 78-3e-4, as enacted by Laws of Utah 1986, Chapter
397 96)
398 53A-11-1305, (Renumbered from 78-3e-5, as enacted by Laws of Utah 1986, Chapter
399 96)
400 76-6-107.1, (Renumbered from 78-11-20.7, as last amended by Laws of Utah 1998,
401 Chapter 94)
402 77-38-201, (Renumbered from 78-3c-1, as enacted by Laws of Utah 1983, Chapter 158)
403 77-38-202, (Renumbered from 78-3c-2, as enacted by Laws of Utah 1983, Chapter 158)
404 77-38-203, (Renumbered from 78-3c-3, as enacted by Laws of Utah 1983, Chapter 158)
405 77-38-204, (Renumbered from 78-3c-4, as last amended by Laws of Utah 2000,
406 Chapter 1)
407 77-38-302, (Renumbered from 78-61-101, as enacted by Laws of Utah 2004, Chapter
408 368)
409 77-38-303, (Renumbered from 78-61-102, as enacted by Laws of Utah 2004, Chapter
410 368)
411 78A-1-101, (Renumbered from 78-1-1, as last amended by Laws of Utah 1996, Chapter
412 198)
413 78A-1-102, (Renumbered from 78-1-2.1, as enacted by Laws of Utah 1988, Chapter
414 115)
415 78A-1-103, (Renumbered from 78-1-2.2, as last amended by Laws of Utah 2006,
416 Chapter 241)
417 78A-1-104, (Renumbered from 78-1-2.3, as last amended by Laws of Utah 2007,
418 Chapter 319)
419 78A-1-105, (Renumbered from 78-1-2, as repealed and reenacted by Laws of Utah
420 1996, Chapter 198)
421 78A-2-101, (Renumbered from 78-3-18, as last amended by Laws of Utah 1988,

422 Chapter 248)
423 78A-2-102, (Renumbered from 78-3-19, as last amended by Laws of Utah 1986,
424 Chapter 47)
425 78A-2-103, (Renumbered from 78-3-20, as last amended by Laws of Utah 1988,
426 Chapter 248)
427 78A-2-104, (Renumbered from 78-3-21, as last amended by Laws of Utah 2003,
428 Chapters 51, and 332)
429 78A-2-105, (Renumbered from 78-3-23, as repealed and reenacted by Laws of Utah
430 1973, Chapter 202)
431 78A-2-106, (Renumbered from 78-3-22, as last amended by Laws of Utah 1986,
432 Chapter 47)
433 78A-2-107, (Renumbered from 78-3-24, as last amended by Laws of Utah 1997,
434 Chapter 10)
435 78A-2-108, (Renumbered from 78-3-25, as last amended by Laws of Utah 2007,
436 Chapter 324)
437 78A-2-109, (Renumbered from 78-3-26, as enacted by Laws of Utah 1973, Chapter
438 202)
439 78A-2-110, (Renumbered from 78-3-21.5, as enacted by Laws of Utah 1993, Chapter
440 11)
441 78A-2-111, (Renumbered from 78-3-27, as last amended by Laws of Utah 1988,
442 Chapter 248)
443 78A-2-112, (Renumbered from 78-3-24.1, as enacted by Laws of Utah 2005, First
444 Special Session, Chapter 4)
445 78A-2-201, (Renumbered from 78-7-5, as last amended by Laws of Utah 1988, Chapter
446 248)
447 78A-2-202, (Renumbered from 78-7-24, as repealed and reenacted by Laws of Utah
448 1988, Chapter 248)
449 78A-2-203, (Renumbered from 78-7-6, as last amended by Laws of Utah 2002, Chapter

450 216)
451 78A-2-204, (Renumbered from 78-7-14, as last amended by Laws of Utah 1988,
452 Chapter 248)
453 78A-2-205, (Renumbered from 78-7-15, as last amended by Laws of Utah 1988,
454 Chapter 248)
455 78A-2-206, (Renumbered from 78-7-22, as last amended by Laws of Utah 1988,
456 Chapter 248)
457 78A-2-207, (Renumbered from 78-7-32, as last amended by Laws of Utah 2001,
458 Chapter 255)
459 78A-2-208, (Renumbered from 78-7-3, as last amended by Laws of Utah 1995, Chapter
460 20)
461 78A-2-209, (Renumbered from 78-7-13, as last amended by Laws of Utah 1993,
462 Chapter 227)
463 78A-2-210, (Renumbered from 78-7-12, Utah Code Annotated 1953)
464 78A-2-211, (Renumbered from 78-7-7, Utah Code Annotated 1953)
465 78A-2-212, (Renumbered from 78-7-8, as last amended by Laws of Utah 1991, Chapter
466 268)
467 78A-2-213, (Renumbered from 78-7-21, Utah Code Annotated 1953)
468 78A-2-214, (Renumbered from 78-7-33, as last amended by Laws of Utah 2002,
469 Chapter 135)
470 78A-2-215, (Renumbered from 78-7-23, Utah Code Annotated 1953)
471 78A-2-216, (Renumbered from 78-7-44, as renumbered and amended by Laws of Utah
472 2001, Chapter 46)
473 78A-2-217, (Renumbered from 78-7-34, as last amended by Laws of Utah 2006,
474 Chapter 21)
475 78A-2-218, (Renumbered from 78-7-17, Utah Code Annotated 1953)
476 78A-2-219, (Renumbered from 78-7-16, Utah Code Annotated 1953)
477 78A-2-220, (Renumbered from 78-7-17.5, as last amended by Laws of Utah 2004,

478 Chapter 150)
479 78A-2-221, (Renumbered from 78-7-2, as enacted by Laws of Utah 1986, Chapter 47)
480 78A-2-222, (Renumbered from 78-7-1, as last amended by Laws of Utah 1990, Chapter
481 59)
482 78A-2-223, (Renumbered from 78-7-25, as last amended by Laws of Utah 1998,
483 Chapter 171)
484 78A-2-224, (Renumbered from 78-7-46, as enacted by Laws of Utah 2004, Chapter
485 344)
486 78A-2-225, (Renumbered from 78-7-9.5, as enacted by Laws of Utah 1988, Chapter
487 248)
488 78A-2-226, (Renumbered from 78-7-19, as last amended by Laws of Utah 1996,
489 Chapter 198)
490 78A-2-227, (Renumbered from 78-7-9, as last amended by Laws of Utah 2002, Chapter
491 168)
492 78A-2-228, (Renumbered from 78-7-45, as last amended by Laws of Utah 2002,
493 Chapter 168)
494 78A-2-301, (Renumbered from 78-7-35, as last amended by Laws of Utah 2007,
495 Chapters 301, and 326)
496 78A-2-302, (Renumbered from 78-7-36, as renumbered and amended by Laws of Utah
497 2001, Chapter 46)
498 78A-2-303, (Renumbered from 78-7-43, as renumbered and amended by Laws of Utah
499 2001, Chapter 46)
500 78A-2-304, (Renumbered from 78-7-37, as renumbered and amended by Laws of Utah
501 2001, Chapter 46)
502 78A-2-305, (Renumbered from 78-7-38, as renumbered and amended by Laws of Utah
503 2001, Chapter 46)
504 78A-2-306, (Renumbered from 78-7-39, as renumbered and amended by Laws of Utah
505 2001, Chapter 46)

506 78A-2-307, (Renumbered from 78-7-40, as renumbered and amended by Laws of Utah
507 2001, Chapter 46)
508 78A-2-308, (Renumbered from 78-7-41, as renumbered and amended by Laws of Utah
509 2001, Chapter 46)
510 78A-2-309, (Renumbered from 78-7-42, as renumbered and amended by Laws of Utah
511 2001, Chapter 46)
512 78A-2-401, (Renumbered from 78-56-101, as enacted by Laws of Utah 1997, Chapter
513 372)
514 78A-2-402, (Renumbered from 78-56-102, as last amended by Laws of Utah 2004,
515 Chapter 77)
516 78A-2-403, (Renumbered from 78-56-103, as last amended by Laws of Utah 2004,
517 Chapter 77)
518 78A-2-404, (Renumbered from 78-56-104, as last amended by Laws of Utah 2004,
519 Chapter 77)
520 78A-2-405, (Renumbered from 78-56-105, as renumbered and amended by Laws of
521 Utah 1997, Chapter 372)
522 78A-2-406, (Renumbered from 78-56-106, as last amended by Laws of Utah 2004,
523 Chapter 77)
524 78A-2-407, (Renumbered from 78-56-107, as renumbered and amended by Laws of
525 Utah 1997, Chapter 372)
526 78A-2-408, (Renumbered from 78-56-108, as last amended by Laws of Utah 2001,
527 Chapter 46)
528 78A-2-409, (Renumbered from 78-56-109, as renumbered and amended by Laws of
529 Utah 1997, Chapter 372)
530 78A-2-410, (Renumbered from 78-56-110, as renumbered and amended by Laws of
531 Utah 1997, Chapter 372)
532 78A-2-411, (Renumbered from 78-56-111, as renumbered and amended by Laws of
533 Utah 1997, Chapter 372)

534 78A-2-501, (Renumbered from 78-28-1, as last amended by Laws of Utah 2001,
535 Chapter 46)
536 78A-2-502, (Renumbered from 78-28-2, as last amended by Laws of Utah 2000,
537 Chapter 112)
538 78A-2-601, (Renumbered from 63-63c-101, as enacted by Laws of Utah 2003, Chapter
539 340)
540 78A-2-602, (Renumbered from 63-63c-102, as last amended by Laws of Utah 2004,
541 Chapter 301)
542 78A-3-101, (Renumbered from 78-2-1, as last amended by Laws of Utah 1990, Chapter
543 80)
544 78A-3-102, (Renumbered from 78-2-2, as last amended by Laws of Utah 2001, Chapter
545 302)
546 78A-3-103, (Renumbered from 78-2-4, as enacted by Laws of Utah 1986, Chapter 47)
547 78A-3-104, (Renumbered from 78-2-6, as last amended by Laws of Utah 1986, Chapter
548 47)
549 78A-3-105, (Renumbered from 78-2-7.5, as enacted by Laws of Utah 1988, Chapter
550 248)
551 78A-4-101, (Renumbered from 78-2a-1, as enacted by Laws of Utah 1986, Chapter 47)
552 78A-4-102, (Renumbered from 78-2a-2, as last amended by Laws of Utah 1988,
553 Chapter 248)
554 78A-4-103, (Renumbered from 78-2a-3, as last amended by Laws of Utah 2001,
555 Chapters 255, and 302)
556 78A-4-104, (Renumbered from 78-2a-5, as enacted by Laws of Utah 1986, Chapter 47)
557 78A-4-105, (Renumbered from 78-2a-4, as enacted by Laws of Utah 1986, Chapter 47)
558 78A-4-106, (Renumbered from 78-2a-6, as last amended by Laws of Utah 2005,
559 Chapter 102)
560 78A-5-101, (Renumbered from 78-3-11.5, as last amended by Laws of Utah 1993,
561 Chapter 159)

562 78A-5-102, (Renumbered from 78-3-4, as last amended by Laws of Utah 2004, Chapter
563 201)
564 78A-5-103, (Renumbered from 78-3-14.2, as enacted by Laws of Utah 1996, Chapter
565 198)
566 78A-5-104, (Renumbered from 78-3-6, as last amended by Laws of Utah 1988, Chapter
567 248)
568 78A-5-105, (Renumbered from 78-3-3, as last amended by Laws of Utah 1988, Chapter
569 248)
570 78A-5-106, (Renumbered from 78-3-29, as last amended by Laws of Utah 2007,
571 Chapter 326)
572 78A-5-107, (Renumbered from 78-3-31, as last amended by Laws of Utah 1995,
573 Chapter 62)
574 78A-5-108, (Renumbered from 78-3-30, as enacted by Laws of Utah 1989, Chapter
575 153)
576 78A-5-109, (Renumbered from 78-3-12.5, as last amended by Laws of Utah 1997,
577 Chapter 10)
578 78A-5-110, (Renumbered from 78-3-14.5, as last amended by Laws of Utah 2004,
579 Chapters 273, and 349)
580 78A-5-111, (Renumbered from 78-3-13.4, as last amended by Laws of Utah 1996,
581 Chapter 198)
582 78A-5-201, (Renumbered from 78-3-32, as enacted by Laws of Utah 2005, Chapter
583 159)
584 78A-5-202, (Renumbered from 78-3-33, as enacted by Laws of Utah 2005, Chapter
585 159)
586 78A-6-101, (Renumbered from 78-3a-101, as enacted by Laws of Utah 1996, Chapter
587 1)
588 78A-6-102, (Renumbered from 78-3a-102, as last amended by Laws of Utah 2006,
589 Chapter 281)

590 78A-6-103, (Renumbered from 78-3a-104, as last amended by Laws of Utah 2006,
591 Chapters 55, 132, and 281)
592 78A-6-104, (Renumbered from 78-3a-105, as last amended by Laws of Utah 2006,
593 Chapters 55, and 281)
594 78A-6-105, (Renumbered from 78-3a-103, as last amended by Laws of Utah 2006,
595 Chapters 75, 97, and 281)
596 78A-6-106, (Renumbered from 78-3a-106, as last amended by Laws of Utah 2006,
597 Chapters 13, and 281)
598 78A-6-107, (Renumbered from 78-3a-106.5, as enacted by Laws of Utah 2006, Chapter
599 13)
600 78A-6-108, (Renumbered from 78-3a-109, as last amended by Laws of Utah 2006,
601 Chapters 75, and 281)
602 78A-6-109, (Renumbered from 78-3a-110, as last amended by Laws of Utah 2006,
603 Chapters 75, and 281)
604 78A-6-110, (Renumbered from 78-3a-111, as enacted by Laws of Utah 1997, Chapter
605 365)
606 78A-6-111, (Renumbered from 78-3a-112, as last amended by Laws of Utah 2006,
607 Chapter 281)
608 78A-6-112, (Renumbered from 78-3a-113, as last amended by Laws of Utah 2006,
609 Chapter 281)
610 78A-6-113, (Renumbered from 78-3a-114, as last amended by Laws of Utah 2006,
611 Chapter 281)
612 78A-6-114, (Renumbered from 78-3a-115, as last amended by Laws of Utah 2006,
613 Chapter 281)
614 78A-6-115, (Renumbered from 78-3a-116, as last amended by Laws of Utah 2006,
615 Chapters 55, and 281)
616 78A-6-116, (Renumbered from 78-3a-117, as last amended by Laws of Utah 2006,
617 Chapter 281)

618 78A-6-117, (Renumbered from 78-3a-118, as last amended by Laws of Utah 2006,
619 Chapters 75, and 281)
620 78A-6-118, (Renumbered from 78-3a-119, as last amended by Laws of Utah 2006,
621 Chapter 132)
622 78A-6-119, (Renumbered from 78-3a-120, as last amended by Laws of Utah 2006,
623 Chapter 281)
624 78A-6-120, (Renumbered from 78-3a-121, as last amended by Laws of Utah 2007,
625 Chapter 304)
626 78A-6-121, (Renumbered from 78-3a-122, as enacted by Laws of Utah 2007, Chapter
627 304)
628 78A-6-201, (Renumbered from 78-3a-107, as enacted by Laws of Utah 1996, Chapter
629 1)
630 78A-6-202, (Renumbered from 78-3a-108, as enacted by Laws of Utah 1996, Chapter
631 1)
632 78A-6-203, (Renumbered from 78-3a-201, as last amended by Laws of Utah 1998,
633 Chapter 171)
634 78A-6-204, (Renumbered from 78-3a-202, as enacted by Laws of Utah 1996, Chapter
635 1)
636 78A-6-205, (Renumbered from 78-3a-203, as enacted by Laws of Utah 1996, Chapter
637 1)
638 78A-6-206, (Renumbered from 78-3a-204, as enacted by Laws of Utah 1996, Chapter
639 1)
640 78A-6-207, (Renumbered from 78-3a-205, as enacted by Laws of Utah 1996, Chapter
641 1)
642 78A-6-208, (Renumbered from 78-3a-209, as last amended by Laws of Utah 2002,
643 Fifth Special Session, Chapter 8)
644 78A-6-209, (Renumbered from 78-3a-206, as last amended by Laws of Utah 2006,
645 Chapters 77, 103, and 281)

646 78A-6-210, (Renumbered from 78-3a-207, as last amended by Laws of Utah 1998,
647 Chapter 94)
648 78A-6-211, (Renumbered from 78-3a-208, as enacted by Laws of Utah 1996, Chapter
649 1)
650 78A-6-302, (Renumbered from 78-3a-301, as last amended by Laws of Utah 2007,
651 Chapter 111)
652 78A-6-303, (Renumbered from 78-3a-304.5, as last amended by Laws of Utah 2004,
653 Chapter 356)
654 78A-6-304, (Renumbered from 78-3a-305, as last amended by Laws of Utah 2006,
655 Chapters 13, and 281)
656 78A-6-305, (Renumbered from 78-3a-305.5, as enacted by Laws of Utah 2007, Chapter
657 169)
658 78A-6-306, (Renumbered from 78-3a-306, as last amended by Laws of Utah 2007,
659 Chapter 169)
660 78A-6-307, (Renumbered from 78-3a-307, as last amended by Laws of Utah 2007,
661 Chapters 169, and 255)
662 78A-6-308, (Renumbered from 78-3a-307.1, as last amended by Laws of Utah 2007,
663 Chapter 152)
664 78A-6-309, (Renumbered from 78-3a-308, as last amended by Laws of Utah 2006,
665 Chapter 13)
666 78A-6-310, (Renumbered from 78-3a-309, as last amended by Laws of Utah 2006,
667 Chapter 281)
668 78A-6-311, (Renumbered from 78-3a-310, as last amended by Laws of Utah 2001,
669 Chapter 21)
670 78A-6-312, (Renumbered from 78-3a-311, as last amended by Laws of Utah 2006,
671 Chapters 75, and 97)
672 78A-6-313, (Renumbered from 78-3a-311.5, as last amended by Laws of Utah 2005,
673 Chapter 286)

674 78A-6-314, (Renumbered from 78-3a-312, as last amended by Laws of Utah 2007,
675 Chapters 152, and 169)
676 78A-6-315, (Renumbered from 78-3a-313, as last amended by Laws of Utah 1998,
677 Chapters 68, and 171)
678 78A-6-316, (Renumbered from 78-3a-313.5, as last amended by Laws of Utah 2006,
679 Chapter 281)
680 78A-6-317, (Renumbered from 78-3a-314, as last amended by Laws of Utah 2007,
681 Chapter 152)
682 78A-6-318, (Renumbered from 78-3a-315, as last amended by Laws of Utah 2002,
683 Chapter 306)
684 78A-6-319, (Renumbered from 78-3a-316, as enacted by Laws of Utah 1995, Chapter
685 302)
686 78A-6-320, (Renumbered from 78-3a-316.1, as last amended by Laws of Utah 2006,
687 Chapter 281)
688 78A-6-321, (Renumbered from 78-3a-318, as enacted by Laws of Utah 1996, Chapter 1
689 and last amended by Laws of Utah 1996, Chapter 318)
690 78A-6-322, (Renumbered from 78-3a-319, as enacted by Laws of Utah 1996, Chapter 1
691 and last amended by Laws of Utah 1996, Chapter 318)
692 78A-6-323, (Renumbered from 78-3a-320, as last amended by Laws of Utah 2006,
693 Chapter 77)
694 78A-6-324, (Renumbered from 78-3a-321, as last amended by Laws of Utah 2006,
695 Chapter 281)
696 78A-6-401, (Renumbered from 78-3a-350, as last amended by Laws of Utah 2006,
697 Chapter 281)
698 78A-6-501, (Renumbered from 78-3a-401, as renumbered and amended by Laws of
699 Utah 1994, Chapter 260)
700 78A-6-502, (Renumbered from 78-3a-403, as last amended by Laws of Utah 1996,
701 Chapter 318)

702 78A-6-503, (Renumbered from 78-3a-402, as renumbered and amended by Laws of
703 Utah 1994, Chapter 260)
704 78A-6-504, (Renumbered from 78-3a-404, as last amended by Laws of Utah 1997,
705 Chapters 195, and 329)
706 78A-6-505, (Renumbered from 78-3a-405, as renumbered and amended by Laws of
707 Utah 1994, Chapter 260)
708 78A-6-506, (Renumbered from 78-3a-406, as last amended by Laws of Utah 2003,
709 Chapter 332)
710 78A-6-507, (Renumbered from 78-3a-407, as last amended by Laws of Utah 2006,
711 Chapter 281)
712 78A-6-508, (Renumbered from 78-3a-408, as last amended by Laws of Utah 2005,
713 Chapter 95)
714 78A-6-509, (Renumbered from 78-3a-409, as last amended by Laws of Utah 2001,
715 Chapter 255)
716 78A-6-510, (Renumbered from 78-3a-410, as renumbered and amended by Laws of
717 Utah 1994, Chapter 260)
718 78A-6-511, (Renumbered from 78-3a-411, as last amended by Laws of Utah 1997,
719 Chapter 365)
720 78A-6-512, (Renumbered from 78-3a-412, as renumbered and amended by Laws of
721 Utah 1994, Chapter 260)
722 78A-6-513, (Renumbered from 78-3a-413, as renumbered and amended by Laws of
723 Utah 1994, Chapter 260)
724 78A-6-514, (Renumbered from 78-3a-414, as last amended by Laws of Utah 2001,
725 Chapter 101)
726 78A-6-515, (Renumbered from 78-3a-415, as last amended by Laws of Utah 2006,
727 Chapter 281)
728 78A-6-601, (Renumbered from 78-3a-501, as enacted by Laws of Utah 1996, Chapter
729 1)

730 78A-6-602, (Renumbered from 78-3a-502, as last amended by Laws of Utah 2006,
731 Chapters 55, and 281)
732 78A-6-603, (Renumbered from 78-3a-503, as last amended by Laws of Utah 2006,
733 Chapter 281)
734 78A-6-604, (Renumbered from 78-3a-504, as last amended by Laws of Utah 2005,
735 Chapter 156)
736 78A-6-605, (Renumbered from 78-3a-505, as repealed and reenacted by Laws of Utah
737 1997, Chapter 365)
738 78A-6-606, (Renumbered from 78-3a-506, as last amended by Laws of Utah 2007,
739 Chapter 284)
740 78A-6-701, (Renumbered from 78-3a-601, as last amended by Laws of Utah 2003,
741 Chapter 171)
742 78A-6-702, (Renumbered from 78-3a-602, as last amended by Laws of Utah 2006,
743 Chapter 281)
744 78A-6-703, (Renumbered from 78-3a-603, as last amended by Laws of Utah 2003,
745 Chapter 171)
746 78A-6-704, (Renumbered from 78-3a-604, as enacted by Laws of Utah 2005, Chapter
747 106)
748 78A-6-801, (Renumbered from 78-3a-1001, as enacted by Laws of Utah 2006, Chapter
749 132)
750 78A-6-802, (Renumbered from 78-3a-1002, as enacted by Laws of Utah 2006, Chapter
751 132)
752 78A-6-803, (Renumbered from 78-3a-1003, as enacted by Laws of Utah 2006, Chapter
753 132)
754 78A-6-804, (Renumbered from 78-3a-1004, as enacted by Laws of Utah 2006, Chapter
755 132)
756 78A-6-805, (Renumbered from 78-3a-1005, as enacted by Laws of Utah 2006, Chapter
757 132)

758 78A-6-901, (Renumbered from 78-3a-911, as last amended by Laws of Utah 2006,
759 Chapter 281)
760 78A-6-902, (Renumbered from 78-3a-912, as last amended by Laws of Utah 2006,
761 Chapter 281)
762 78A-6-1001, (Renumbered from 78-3a-801, as last amended by Laws of Utah 2007,
763 Chapter 81)
764 78A-6-1002, (Renumbered from 78-3a-802, as repealed and reenacted by Laws of Utah
765 1999, Chapter 249)
766 78A-6-1003, (Renumbered from 78-3a-804, as enacted by Laws of Utah 1996, Chapter
767 1)
768 78A-6-1101, (Renumbered from 78-3a-901, as last amended by Laws of Utah 1997,
769 Chapter 358)
770 78A-6-1102, (Renumbered from 78-3a-902, as enacted by Laws of Utah 1996, Chapter
771 1)
772 78A-6-1103, (Renumbered from 78-3a-903, as last amended by Laws of Utah 2006,
773 Chapter 281)
774 78A-6-1104, (Renumbered from 78-3a-904, as last amended by Laws of Utah 2006,
775 Chapter 281)
776 78A-6-1105, (Renumbered from 78-3a-905, as last amended by Laws of Utah 2007,
777 Chapter 304)
778 78A-6-1106, (Renumbered from 78-3a-906, as last amended by Laws of Utah 2006,
779 Chapter 281)
780 78A-6-1107, (Renumbered from 78-3a-907, as enacted by Laws of Utah 1996, Chapter
781 1)
782 78A-6-1108, (Renumbered from 78-3a-908, as last amended by Laws of Utah 2006,
783 Chapter 281)
784 78A-6-1109, (Renumbered from 78-3a-909, as last amended by Laws of Utah 2006,
785 Chapter 281)

786 78A-6-1110, (Renumbered from 78-3a-910, as last amended by Laws of Utah 2002,
787 Fifth Special Session, Chapter 8)
788 78A-6-1111, (Renumbered from 78-3a-913, as last amended by Laws of Utah 2006,
789 Chapter 281)
790 78A-6-1112, (Renumbered from 78-3a-914, as last amended by Laws of Utah 2003,
791 Chapter 171)
792 78A-6-1113, (Renumbered from 78-11-20, as last amended by Laws of Utah 1997,
793 Chapter 365)
794 78A-6-1201, (Renumbered from 78-57-101, as enacted by Laws of Utah 1999, Chapter
795 94)
796 78A-6-1202, (Renumbered from 78-57-102, as last amended by Laws of Utah 2005,
797 Chapter 2)
798 78A-6-1203, (Renumbered from 78-57-103, as last amended by Laws of Utah 2002,
799 Chapter 188)
800 78A-6-1204, (Renumbered from 78-57-104, as enacted by Laws of Utah 1999, Chapter
801 94)
802 78A-6-1205, (Renumbered from 78-57-105, as enacted by Laws of Utah 1999, Chapter
803 94)
804 78A-6-1206, (Renumbered from 78-57-106, as enacted by Laws of Utah 1999, Chapter
805 94)
806 78A-6-1207, (Renumbered from 78-57-107, as enacted by Laws of Utah 1999, Chapter
807 94)
808 78A-6-1208, (Renumbered from 78-57-108, as enacted by Laws of Utah 1999, Chapter
809 94)
810 78A-6-1209, (Renumbered from 78-57-109, as enacted by Laws of Utah 1999, Chapter
811 94)
812 78A-7-101, (Renumbered from 78-5-101, as last amended by Laws of Utah 1999,
813 Chapter 21)

814 78A-7-102, (Renumbered from 78-5-101.5, as last amended by Laws of Utah 1999,
815 Chapter 166)
816 78A-7-103, (Renumbered from 78-5-139, as last amended by Laws of Utah 1998,
817 Chapter 313)
818 78A-7-104, (Renumbered from 78-5-106, as enacted by Laws of Utah 1989, Chapter
819 157)
820 78A-7-105, (Renumbered from 78-5-103, as last amended by Laws of Utah 1999,
821 Chapter 21)
822 78A-7-106, (Renumbered from 78-5-104, as last amended by Laws of Utah 1997,
823 Chapter 215)
824 78A-7-107, (Renumbered from 78-5-105, as last amended by Laws of Utah 1997,
825 Chapter 365)
826 78A-7-108, (Renumbered from 78-5-135.5, as renumbered and amended by Laws of
827 Utah 2001, Chapter 46)
828 78A-7-109, (Renumbered from 78-5-113, as enacted by Laws of Utah 1989, Chapter
829 157)
830 78A-7-110, (Renumbered from 78-5-121, as enacted by Laws of Utah 1989, Chapter
831 157)
832 78A-7-111, (Renumbered from 78-5-122, as enacted by Laws of Utah 1989, Chapter
833 157)
834 78A-7-112, (Renumbered from 78-5-123, as enacted by Laws of Utah 1989, Chapter
835 157)
836 78A-7-113, (Renumbered from 78-5-124, as enacted by Laws of Utah 1989, Chapter
837 157)
838 78A-7-114, (Renumbered from 78-5-117, as enacted by Laws of Utah 1989, Chapter
839 157)
840 78A-7-115, (Renumbered from 78-5-125, as enacted by Laws of Utah 1989, Chapter
841 157)

842 78A-7-116, (Renumbered from 78-5-118, as enacted by Laws of Utah 1989, Chapter
843 157)
844 78A-7-117, (Renumbered from 78-5-119, as last amended by Laws of Utah 2001,
845 Chapter 370)
846 78A-7-118, (Renumbered from 78-5-120, as last amended by Laws of Utah 2001, First
847 Special Session, Chapter 4)
848 78A-7-119, (Renumbered from 78-5-126, as enacted by Laws of Utah 1989, Chapter
849 157)
850 78A-7-120, (Renumbered from 78-5-116, as last amended by Laws of Utah 2004,
851 Chapters 273, and 349)
852 78A-7-121, (Renumbered from 78-5-135, as last amended by Laws of Utah 2001,
853 Chapter 308)
854 78A-7-122, (Renumbered from 78-5-116.5, as enacted by Laws of Utah 2004, Chapter
855 301)
856 78A-7-123, (Renumbered from 78-5-140, as enacted by Laws of Utah 1998, Chapter
857 313)
858 78A-7-201, (Renumbered from 78-5-137, as last amended by Laws of Utah 1996,
859 Chapter 84)
860 78A-7-202, (Renumbered from 78-5-134, as last amended by Laws of Utah 2006,
861 Chapter 16)
862 78A-7-203, (Renumbered from 78-5-132, as last amended by Laws of Utah 1993,
863 Chapter 1)
864 78A-7-204, (Renumbered from 78-5-102, as last amended by Laws of Utah 1999,
865 Chapter 21)
866 78A-7-205, (Renumbered from 78-5-127, as last amended by Laws of Utah 1997,
867 Chapter 215)
868 78A-7-206, (Renumbered from 78-5-128, as last amended by Laws of Utah 2001,
869 Chapter 71)

870 78A-7-207, (Renumbered from 78-5-129, as enacted by Laws of Utah 1989, Chapter
871 157)
872 78A-7-208, (Renumbered from 78-5-138, as last amended by Laws of Utah 1999,
873 Chapter 166)
874 78A-7-209, (Renumbered from 78-5-111, as last amended by Laws of Utah 1998,
875 Chapter 282)
876 78A-7-210, (Renumbered from 78-5-106.5, as enacted by Laws of Utah 2003, Chapter
877 51)
878 78A-7-211, (Renumbered from 78-5-110, as last amended by Laws of Utah 2003,
879 Chapter 51)
880 78A-7-212, (Renumbered from 78-5-107, as last amended by Laws of Utah 1993,
881 Chapters 5, and 227)
882 78A-7-213, (Renumbered from 78-5-108, as last amended by Laws of Utah 2004,
883 Chapter 245)
884 78A-7-214, (Renumbered from 78-5-109, as enacted by Laws of Utah 1989, Chapter
885 157)
886 78A-7-215, (Renumbered from 78-5-130, as enacted by Laws of Utah 1989, Chapter
887 157)
888 78A-7-301, (Renumbered from 78-5-116.7, as enacted by Laws of Utah 2004, Chapter
889 301)
890 78A-8-102, (Renumbered from 78-6-1, as last amended by Laws of Utah 2004, Chapter
891 204)
892 78A-8-103, (Renumbered from 78-6-6, Utah Code Annotated 1953)
893 78A-8-104, (Renumbered from 78-6-8, as last amended by Laws of Utah 1997, Chapter
894 215)
895 78A-8-105, (Renumbered from 78-6-14, as last amended by Laws of Utah 2001,
896 Chapter 46)
897 78A-8-106, (Renumbered from 78-6-10, as last amended by Laws of Utah 2004,

898 Chapter 150)
899 78A-8-107, (Renumbered from 78-6-15, as last amended by Laws of Utah 1997,
900 Chapter 215)
901 78A-8-108, (Renumbered from 78-6-1.5, as last amended by Laws of Utah 1996,
902 Chapter 198)
903 78A-9-101, (Renumbered from 78-2-4.5, as renumbered and amended by Laws of Utah
904 2001, Chapter 4)
905 78A-9-102, (Renumbered from 78-7-35.1, as renumbered and amended by Laws of
906 Utah 2001, Chapter 46)
907 78A-9-103, (Renumbered from 78-9-101, as enacted by Laws of Utah 2001, Second
908 Special Session, Chapter 3)
909 78A-10-102, (Renumbered from 20A-12-101, as enacted by Laws of Utah 1995,
910 Chapter 1)
911 78A-10-103, (Renumbered from 20A-12-104, as last amended by Laws of Utah 2006,
912 Chapter 14)
913 78A-10-104, (Renumbered from 20A-12-105, as last amended by Laws of Utah 1996,
914 Chapter 198)
915 78A-11-102, (Renumbered from 78-8-101, as last amended by Laws of Utah 2006,
916 Chapter 34)
917 78A-11-103, (Renumbered from 78-8-102, as last amended by Laws of Utah 2006,
918 Chapter 34)
919 78A-11-105, (Renumbered from 78-8-103, as last amended by Laws of Utah 2003,
920 Chapter 281)
921 78A-11-106, (Renumbered from 78-8-104, as last amended by Laws of Utah 2006,
922 Chapter 34)
923 78A-11-107, (Renumbered from 78-8-105, as last amended by Laws of Utah 2006,
924 Chapter 34)
925 78A-11-108, (Renumbered from 78-8-106, as renumbered and amended by Laws of

926 Utah 2000, Chapter 148)
927 78A-11-113, (Renumbered from 78-8-108, as renumbered and amended by Laws of
928 Utah 2000, Chapter 148)
929 78B-1-101, (Renumbered from 78-46-1, as last amended by Laws of Utah 2001,
930 Chapter 46)
931 78B-1-102, (Renumbered from 78-46-4, as last amended by Laws of Utah 2003,
932 Chapter 194)
933 78B-1-103, (Renumbered from 78-46-2, as last amended by Laws of Utah 2003,
934 Chapter 194)
935 78B-1-104, (Renumbered from 78-46-5, as last amended by Laws of Utah 2007,
936 Chapter 275)
937 78B-1-105, (Renumbered from 78-46-7, as last amended by Laws of Utah 2002,
938 Chapter 22)
939 78B-1-106, (Renumbered from 78-46-10, as last amended by Laws of Utah 1992,
940 Chapter 219)
941 78B-1-107, (Renumbered from 78-46-12, as last amended by Laws of Utah 2003,
942 Chapter 194)
943 78B-1-108, (Renumbered from 78-46-14, as enacted by Laws of Utah 1979, Chapter
944 130)
945 78B-1-109, (Renumbered from 78-46-15, as last amended by Laws of Utah 2003,
946 Chapter 194)
947 78B-1-110, (Renumbered from 78-46-19, as last amended by Laws of Utah 2001,
948 Chapter 308)
949 78B-1-111, (Renumbered from 78-46-29, as renumbered and amended by Laws of Utah
950 2001, Chapter 46)
951 78B-1-112, (Renumbered from 78-46-17, as last amended by Laws of Utah 1992,
952 Chapter 219)
953 78B-1-113, (Renumbered from 78-46-16, as last amended by Laws of Utah 1989,

954 Chapter 153)
955 78B-1-114, (Renumbered from 78-46-37, as renumbered and amended by Laws of Utah
956 2001, Chapter 46)
957 78B-1-115, (Renumbered from 78-46-20, as last amended by Laws of Utah 2003,
958 Chapter 194)
959 78B-1-116, (Renumbered from 78-46-21, as last amended by Laws of Utah 2003,
960 Chapter 194)
961 78B-1-117, (Renumbered from 78-46-25, as renumbered and amended by Laws of Utah
962 2001, Chapter 46)
963 78B-1-118, (Renumbered from 78-46-24, as renumbered and amended by Laws of Utah
964 2001, Chapter 46)
965 78B-1-119, (Renumbered from 78-46-28, as renumbered and amended by Laws of Utah
966 2001, Chapter 46)
967 78B-1-120, (Renumbered from 78-46-26, as renumbered and amended by Laws of Utah
968 2001, Chapter 46)
969 78B-1-121, (Renumbered from 78-46-27, as renumbered and amended by Laws of Utah
970 2001, Chapter 46)
971 78B-1-122, (Renumbered from 78-46-31, as renumbered and amended by Laws of Utah
972 2001, Chapter 46)
973 78B-1-123, (Renumbered from 78-46-41, as renumbered and amended by Laws of Utah
974 2001, Chapter 46)
975 78B-1-124, (Renumbered from 78-46-38, as renumbered and amended by Laws of Utah
976 2001, Chapter 46)
977 78B-1-125, (Renumbered from 78-46-39, as renumbered and amended by Laws of Utah
978 2001, Chapter 46)
979 78B-1-126, (Renumbered from 78-46-40, as renumbered and amended by Laws of Utah
980 2001, Chapter 46)
981 78B-1-127, (Renumbered from 78-24-2, as enacted by Laws of Utah 1984, Chapter 35)

982 78B-1-128, (Renumbered from 78-24-1, Utah Code Annotated 1953)
983 78B-1-129, (Renumbered from 78-24-5, Utah Code Annotated 1953)
984 78B-1-130, (Renumbered from 78-24-6, Utah Code Annotated 1953)
985 78B-1-131, (Renumbered from 78-24-7, Utah Code Annotated 1953)
986 78B-1-132, (Renumbered from 78-11-26, as repealed and reenacted by Laws of Utah
987 1997, Chapter 215)
988 78B-1-133, (Renumbered from 78-24-3, Utah Code Annotated 1953)
989 78B-1-134, (Renumbered from 78-24-9, Utah Code Annotated 1953)
990 78B-1-135, (Renumbered from 78-24-10, as last amended by Laws of Utah 1995,
991 Chapter 20)
992 78B-1-136, (Renumbered from 78-24-11, Utah Code Annotated 1953)
993 78B-1-137, (Renumbered from 78-24-8, as last amended by Laws of Utah 1990,
994 Chapter 45)
995 78B-1-138, (Renumbered from 78-24-12, Utah Code Annotated 1953)
996 78B-1-139, (Renumbered from 78-24-13, as last amended by Laws of Utah 1995,
997 Chapter 20)
998 78B-1-140, (Renumbered from 78-24-14, as last amended by Laws of Utah 2007,
999 Chapter 306)
1000 78B-1-141, (Renumbered from 78-24-15, Utah Code Annotated 1953)
1001 78B-1-142, (Renumbered from 78-24-16, Utah Code Annotated 1953)
1002 78B-1-143, (Renumbered from 78-24-17, Utah Code Annotated 1953)
1003 78B-1-144, (Renumbered from 78-24-18, as last amended by Laws of Utah 1995,
1004 Chapter 20)
1005 78B-1-145, (Renumbered from 78-24-19, Utah Code Annotated 1953)
1006 78B-1-146, (Renumbered from 78-24-4, as last amended by Laws of Utah 1997,
1007 Chapter 215)
1008 78B-1-147, (Renumbered from 78-46-30, as renumbered and amended by Laws of Utah
1009 2001, Chapter 46)

1010 78B-1-148, (Renumbered from 78-46-35, as renumbered and amended by Laws of Utah
1011 2001, Chapter 46)
1012 78B-1-149, (Renumbered from 78-46-34, as renumbered and amended by Laws of Utah
1013 2001, Chapter 46)
1014 78B-1-150, (Renumbered from 78-46-32, as renumbered and amended by Laws of Utah
1015 2001, Chapter 46)
1016 78B-1-151, (Renumbered from 78-46-33, as renumbered and amended by Laws of Utah
1017 2001, Chapter 46)
1018 78B-1-152, (Renumbered from 78-24-20, as enacted by Laws of Utah 2006, Chapter
1019 41)
1020 78B-1-201, (Renumbered from 78-24a-1, as last amended by Laws of Utah 1995,
1021 Chapter 118)
1022 78B-1-202, (Renumbered from 78-24a-2, as last amended by Laws of Utah 1995,
1023 Chapter 118)
1024 78B-1-203, (Renumbered from 78-24a-3, as enacted by Laws of Utah 1983, Chapter
1025 288)
1026 78B-1-204, (Renumbered from 78-24a-4, as enacted by Laws of Utah 1983, Chapter
1027 288)
1028 78B-1-205, (Renumbered from 78-24a-5, as enacted by Laws of Utah 1983, Chapter
1029 288)
1030 78B-1-206, (Renumbered from 78-24a-6, as enacted by Laws of Utah 1983, Chapter
1031 288)
1032 78B-1-207, (Renumbered from 78-24a-7, as enacted by Laws of Utah 1983, Chapter
1033 288)
1034 78B-1-208, (Renumbered from 78-24a-8, as enacted by Laws of Utah 1983, Chapter
1035 288)
1036 78B-1-209, (Renumbered from 78-24a-9, as enacted by Laws of Utah 1983, Chapter
1037 288)

1038 78B-1-210, (Renumbered from 78-24a-10, as enacted by Laws of Utah 1983, Chapter
1039 288)
1040 78B-1-211, (Renumbered from 78-24a-11, as enacted by Laws of Utah 1983, Chapter
1041 288)
1042 78B-2-101, (Renumbered from 78-12-5.3, as last amended by Laws of Utah 1987,
1043 Chapter 4)
1044 78B-2-102, (Renumbered from 78-12-1, as last amended by Laws of Utah 1987,
1045 Chapter 19)
1046 78B-2-103, (Renumbered from 78-12-45, Utah Code Annotated 1953)
1047 78B-2-104, (Renumbered from 78-12-35, as last amended by Laws of Utah 1987,
1048 Chapter 19)
1049 78B-2-105, (Renumbered from 78-12-37, Utah Code Annotated 1953)
1050 78B-2-106, (Renumbered from 78-12-38, Utah Code Annotated 1953)
1051 78B-2-107, (Renumbered from 78-12-39, Utah Code Annotated 1953)
1052 78B-2-108, (Renumbered from 78-12-36, as last amended by Laws of Utah 1987,
1053 Chapter 19)
1054 78B-2-109, (Renumbered from 78-12-42, Utah Code Annotated 1953)
1055 78B-2-110, (Renumbered from 78-12-43, Utah Code Annotated 1953)
1056 78B-2-111, (Renumbered from 78-12-40, as last amended by Laws of Utah 2007,
1057 Chapter 127)
1058 78B-2-112, (Renumbered from 78-12-41, Utah Code Annotated 1953)
1059 78B-2-113, (Renumbered from 78-12-44, Utah Code Annotated 1953)
1060 78B-2-114, (Renumbered from 78-12-47, as enacted by Laws of Utah 1971, Chapter
1061 212)
1062 78B-2-115, (Renumbered from 78-12-33, as last amended by Laws of Utah 1988,
1063 Chapter 208)
1064 78B-2-116, (Renumbered from 78-12-33.5, as last amended by Laws of Utah 2005,
1065 Chapter 71)

1066 78B-2-117, (Renumbered from 78-12-48, as enacted by Laws of Utah 1988, Chapter
1067 208)
1068 78B-2-201, (Renumbered from 78-12-2, Utah Code Annotated 1953)
1069 78B-2-202, (Renumbered from 78-12-3, Utah Code Annotated 1953)
1070 78B-2-203, (Renumbered from 78-12-4, Utah Code Annotated 1953)
1071 78B-2-204, (Renumbered from 78-12-5, Utah Code Annotated 1953)
1072 78B-2-205, (Renumbered from 78-12-5.1, Utah Code Annotated 1953)
1073 78B-2-206, (Renumbered from 78-12-5.2, Utah Code Annotated 1953)
1074 78B-2-207, (Renumbered from 78-12-6, Utah Code Annotated 1953)
1075 78B-2-208, (Renumbered from 78-12-7, Utah Code Annotated 1953)
1076 78B-2-209, (Renumbered from 78-12-7.1, Utah Code Annotated 1953)
1077 78B-2-210, (Renumbered from 78-12-8, Utah Code Annotated 1953)
1078 78B-2-211, (Renumbered from 78-12-9, Utah Code Annotated 1953)
1079 78B-2-212, (Renumbered from 78-12-10, Utah Code Annotated 1953)
1080 78B-2-213, (Renumbered from 78-12-11, Utah Code Annotated 1953)
1081 78B-2-214, (Renumbered from 78-12-12, Utah Code Annotated 1953)
1082 78B-2-215, (Renumbered from 78-12-12.1, Utah Code Annotated 1953)
1083 78B-2-216, (Renumbered from 78-12-13, Utah Code Annotated 1953)
1084 78B-2-217, (Renumbered from 78-12-14, Utah Code Annotated 1953)
1085 78B-2-218, (Renumbered from 78-12-15, Utah Code Annotated 1953)
1086 78B-2-219, (Renumbered from 78-12-16, Utah Code Annotated 1953)
1087 78B-2-220, (Renumbered from 78-12-17, Utah Code Annotated 1953)
1088 78B-2-221, (Renumbered from 78-12-18, Utah Code Annotated 1953)
1089 78B-2-222, (Renumbered from 78-12-19, Utah Code Annotated 1953)
1090 78B-2-223, (Renumbered from 78-12-20, as last amended by Laws of Utah 1995,
1091 Chapter 20)
1092 78B-2-224, (Renumbered from 78-12-21, as last amended by Laws of Utah 1987,
1093 Chapter 19)

1094 78B-2-225, (Renumbered from 78-12-21.5, as last amended by Laws of Utah 2004,
1095 Chapter 327)
1096 78B-2-226, (Renumbered from 78-12-21.7, as enacted by Laws of Utah 1999, Chapter
1097 123)
1098 78B-2-301, (Renumbered from 78-12-31, as last amended by Laws of Utah 1996,
1099 Chapter 79)
1100 78B-2-302, (Renumbered from 78-12-29, as last amended by Laws of Utah 2006,
1101 Chapter 274)
1102 78B-2-303, (Renumbered from 78-12-30, as last amended by Laws of Utah 1993,
1103 Chapter 227)
1104 78B-2-304, (Renumbered from 78-12-28, as last amended by Laws of Utah 2000,
1105 Chapter 157)
1106 78B-2-305, (Renumbered from 78-12-26, as last amended by Laws of Utah 1996,
1107 Chapter 79)
1108 78B-2-306, (Renumbered from 78-12-27, Utah Code Annotated 1953)
1109 78B-2-307, (Renumbered from 78-12-25, as last amended by Laws of Utah 1996,
1110 Chapter 79)
1111 78B-2-308, (Renumbered from 78-12-25.1, as enacted by Laws of Utah 1992, Chapter
1112 185)
1113 78B-2-309, (Renumbered from 78-12-23, as last amended by Laws of Utah 2007,
1114 Chapter 136)
1115 78B-2-310, (Renumbered from 78-12-24, Utah Code Annotated 1953)
1116 78B-2-311, (Renumbered from 78-12-22, as last amended by Laws of Utah 2000,
1117 Chapter 161)
1118 78B-2-312, (Renumbered from 78-12-32, Utah Code Annotated 1953)
1119 78B-3-102, (Renumbered from 78-11-6, as last amended by Laws of Utah 2003,
1120 Chapter 131)
1121 78B-3-103, (Renumbered from 78-11-8, Utah Code Annotated 1953)

1122 78B-3-105, (Renumbered from 78-11-6.5, as last amended by Laws of Utah 1998,
1123 Chapter 39)
1124 78B-3-106, (Renumbered from 78-11-7, as last amended by Laws of Utah 2003,
1125 Chapter 131)
1126 78B-3-107, (Renumbered from 78-11-12, as last amended by Laws of Utah 2001,
1127 Chapter 135)
1128 78B-3-110, (Renumbered from 78-11-27, as last amended by Laws of Utah 2002,
1129 Chapter 180)
1130 78B-3-201, (Renumbered from 78-27-22, as enacted by Laws of Utah 1969, Chapter
1131 246)
1132 78B-3-202, (Renumbered from 78-27-23, as enacted by Laws of Utah 1969, Chapter
1133 246)
1134 78B-3-203, (Renumbered from 78-27-20, as last amended by Laws of Utah 1984,
1135 Chapter 66)
1136 78B-3-204, (Renumbered from 78-27-21, as last amended by Laws of Utah 1995,
1137 Chapter 20)
1138 78B-3-205, (Renumbered from 78-27-24, as last amended by Laws of Utah 1998,
1139 Chapter 120)
1140 78B-3-206, (Renumbered from 78-27-25, as enacted by Laws of Utah 1969, Chapter
1141 246)
1142 78B-3-207, (Renumbered from 78-27-26, as enacted by Laws of Utah 1969, Chapter
1143 246)
1144 78B-3-208, (Renumbered from 78-27-27, as enacted by Laws of Utah 1969, Chapter
1145 246)
1146 78B-3-209, (Renumbered from 78-27-28, as enacted by Laws of Utah 1969, Chapter
1147 246)
1148 78B-3-301, (Renumbered from 78-13-1, as last amended by Laws of Utah 2007,
1149 Chapter 306)

1150 78B-3-302, (Renumbered from 78-13-2, Utah Code Annotated 1953)
1151 78B-3-303, (Renumbered from 78-13-3, Utah Code Annotated 1953)
1152 78B-3-304, (Renumbered from 78-13-4, as repealed and reenacted by Laws of Utah
1153 2002, Chapter 94)
1154 78B-3-305, (Renumbered from 78-13-5, as last amended by Laws of Utah 1995,
1155 Chapter 20)
1156 78B-3-306, (Renumbered from 78-13-6, Utah Code Annotated 1953)
1157 78B-3-307, (Renumbered from 78-13-7, Utah Code Annotated 1953)
1158 78B-3-308, (Renumbered from 78-13-8, Utah Code Annotated 1953)
1159 78B-3-309, (Renumbered from 78-13-9, as last amended by Laws of Utah 2004,
1160 Chapter 150)
1161 78B-3-310, (Renumbered from 78-13-10, Utah Code Annotated 1953)
1162 78B-3-311, (Renumbered from 78-13-11, Utah Code Annotated 1953)
1163 78B-3-401, (Renumbered from 78-14-1, as enacted by Laws of Utah 1976, Chapter 23)
1164 78B-3-402, (Renumbered from 78-14-2, as enacted by Laws of Utah 1976, Chapter 23)
1165 78B-3-403, (Renumbered from 78-14-3, as last amended by Laws of Utah 2006,
1166 Chapter 225)
1167 78B-3-404, (Renumbered from 78-14-4, as last amended by Laws of Utah 1979,
1168 Chapter 128)
1169 78B-3-405, (Renumbered from 78-14-4.5, as last amended by Laws of Utah 2001,
1170 Chapter 116)
1171 78B-3-406, (Renumbered from 78-14-5, as last amended by Laws of Utah 2006,
1172 Chapter 207)
1173 78B-3-407, (Renumbered from 78-14-5.5, as last amended by Laws of Utah 2006,
1174 Chapter 46)
1175 78B-3-408, (Renumbered from 78-14-6, as enacted by Laws of Utah 1976, Chapter 23)
1176 78B-3-409, (Renumbered from 78-14-7, as enacted by Laws of Utah 1976, Chapter 23)
1177 78B-3-410, (Renumbered from 78-14-7.1, as last amended by Laws of Utah 2001,

1178 Chapter 246)
1179 78B-3-411, (Renumbered from 78-14-7.5, as enacted by Laws of Utah 1985, Chapter
1180 67)
1181 78B-3-412, (Renumbered from 78-14-8, as last amended by Laws of Utah 1979,
1182 Chapter 128)
1183 78B-3-413, (Renumbered from 78-14-9, as enacted by Laws of Utah 1976, Chapter 23)
1184 78B-3-414, (Renumbered from 78-14-9.5, as last amended by Laws of Utah 2007,
1185 Chapter 306)
1186 78B-3-415, (Renumbered from 78-14-10, as enacted by Laws of Utah 1976, Chapter
1187 23)
1188 78B-3-416, (Renumbered from 78-14-12, as last amended by Laws of Utah 2002,
1189 Chapter 256)
1190 78B-3-417, (Renumbered from 78-14-13, as last amended by Laws of Utah 1994,
1191 Chapter 171)
1192 78B-3-418, (Renumbered from 78-14-14, as enacted by Laws of Utah 1985, Chapter
1193 238)
1194 78B-3-419, (Renumbered from 78-14-15, as last amended by Laws of Utah 1994,
1195 Chapter 171)
1196 78B-3-420, (Renumbered from 78-14-16, as enacted by Laws of Utah 1985, Chapter
1197 238)
1198 78B-3-421, (Renumbered from 78-14-17, as last amended by Laws of Utah 2004,
1199 Chapter 83)
1200 78B-3-422, (Renumbered from 78-14-18, as enacted by Laws of Utah 2006, Chapter
1201 225)
1202 78B-3-501, (Renumbered from 78-14a-101, as last amended by Laws of Utah 2001,
1203 Chapter 40)
1204 78B-3-502, (Renumbered from 78-14a-102, as last amended by Laws of Utah 1994,
1205 Chapter 260)

1206 78B-3-601, (Renumbered from 78-17-1, as enacted by Laws of Utah 1986, Chapter
1207 143)
1208 78B-3-602, (Renumbered from 78-17-2, as enacted by Laws of Utah 1986, Chapter
1209 143)
1210 78B-3-603, (Renumbered from 78-17-3, as last amended by Laws of Utah 2004,
1211 Chapter 267)
1212 78B-3-604, (Renumbered from 78-17-4, as enacted by Laws of Utah 1986, Chapter
1213 143)
1214 78B-3-701, (Renumbered from 78-20-101, as last amended by Laws of Utah 2007,
1215 Chapter 22)
1216 78B-3-702, (Renumbered from 78-20-102, as last amended by Laws of Utah 2007,
1217 Chapter 22)
1218 78B-3-703, (Renumbered from 78-20-103, as last amended by Laws of Utah 2007,
1219 Chapter 22)
1220 78B-4-101, (Renumbered from 78-19-1, as last amended by Laws of Utah 2004,
1221 Chapter 267)
1222 78B-4-102, (Renumbered from 78-19-2, as enacted by Laws of Utah 1990, Chapter 4)
1223 78B-4-103, (Renumbered from 78-19-3, as enacted by Laws of Utah 1990, Chapter 4)
1224 78B-4-201, (Renumbered from 78-27b-101, as last amended by Laws of Utah 2003,
1225 Chapter 175)
1226 78B-4-202, (Renumbered from 78-27b-102, as last amended by Laws of Utah 2003,
1227 Chapter 175)
1228 78B-4-203, (Renumbered from 78-27b-103, as enacted by Laws of Utah 2003, Chapter
1229 175)
1230 78B-4-301, (Renumbered from 78-27d-101, as enacted by Laws of Utah 2004, Chapter
1231 194)
1232 78B-4-302, (Renumbered from 78-27d-102, as enacted by Laws of Utah 2004, Chapter
1233 194)

1234 78B-4-303, (Renumbered from 78-27d-103, as enacted by Laws of Utah 2004, Chapter
1235 194)
1236 78B-4-304, (Renumbered from 78-27d-104, as enacted by Laws of Utah 2004, Chapter
1237 194)
1238 78B-4-305, (Renumbered from 78-27d-105, as enacted by Laws of Utah 2004, Chapter
1239 194)
1240 78B-4-306, (Renumbered from 78-27d-106, as enacted by Laws of Utah 2004, Chapter
1241 194)
1242 78B-4-401, (Renumbered from 78-27-51, as enacted by Laws of Utah 1979, Chapter
1243 166)
1244 78B-4-402, (Renumbered from 78-27-52, as last amended by Laws of Utah 2006,
1245 Chapter 126)
1246 78B-4-403, (Renumbered from 78-27-53, as last amended by Laws of Utah 1986,
1247 Chapter 199)
1248 78B-4-404, (Renumbered from 78-27-54, as enacted by Laws of Utah 1979, Chapter
1249 166)
1250 78B-4-501, (Renumbered from 78-11-22, as last amended by Laws of Utah 2004,
1251 Chapter 90)
1252 78B-4-502, (Renumbered from 78-11-22.1, as enacted by Laws of Utah 1989, Chapter
1253 106)
1254 78B-4-503, (Renumbered from 78-27-59, as enacted by Laws of Utah 1986, Chapter
1255 179)
1256 78B-4-504, (Renumbered from 78-11-22.2, as last amended by Laws of Utah 2004,
1257 Chapter 280)
1258 78B-4-505, (Renumbered from 78-11-28, as enacted by Laws of Utah 2005, Chapter
1259 308)
1260 78B-4-506, (Renumbered from 78-27-60, as last amended by Laws of Utah 1997,
1261 Chapter 10)

1262 78B-4-507, (Renumbered from 78-27-61, as enacted by Laws of Utah 1998, Chapter
1263 148)
1264 78B-4-508, (Renumbered from 78-27-62, as enacted by Laws of Utah 1998, Chapter
1265 200)
1266 78B-4-509, (Renumbered from 78-27-63, as last amended by Laws of Utah 2007,
1267 Chapters 280, 329, and 357)
1268 78B-4-510, (Renumbered from 78-27-65, as enacted by Laws of Utah 2005, Chapter
1269 85)
1270 78B-4-511, (Renumbered from 78-27-64, as enacted by Laws of Utah 2000, Chapter
1271 93)
1272 78B-5-101, (Renumbered from 78-21-1, Utah Code Annotated 1953)
1273 78B-5-102, (Renumbered from 78-21-2, as last amended by Laws of Utah 1995,
1274 Chapter 20)
1275 78B-5-103, (Renumbered from 78-21-3, Utah Code Annotated 1953)
1276 78B-5-201, (Renumbered from 78-22-1.5, as last amended by Laws of Utah 2001,
1277 Chapters 306 and 370)
1278 78B-5-202, (Renumbered from 78-22-1, as last amended by Laws of Utah 2003,
1279 Chapter 176)
1280 78B-5-203, (Renumbered from 78-22-1.1, Utah Code Annotated 1953)
1281 78B-5-204, (Renumbered from 78-22-2, Utah Code Annotated 1953)
1282 78B-5-205, (Renumbered from 78-22-3, Utah Code Annotated 1953)
1283 78B-5-206, (Renumbered from 78-22-4, as last amended by Laws of Utah 1996,
1284 Chapter 198)
1285 78B-5-301, (Renumbered from 78-22a-1, as enacted by Laws of Utah 1983, Chapter
1286 169)
1287 78B-5-302, (Renumbered from 78-22a-2, as last amended by Laws of Utah 1991,
1288 Chapter 169)
1289 78B-5-303, (Renumbered from 78-22a-3, as last amended by Laws of Utah 1986,

1290 Chapter 172)
1291 78B-5-304, (Renumbered from 78-22a-4, as enacted by Laws of Utah 1983, Chapter
1292 169)
1293 78B-5-305, (Renumbered from 78-22a-5, as last amended by Laws of Utah 2006,
1294 Chapter 43)
1295 78B-5-306, (Renumbered from 78-22a-6, as enacted by Laws of Utah 1983, Chapter
1296 169)
1297 78B-5-307, (Renumbered from 78-22a-8, as enacted by Laws of Utah 1983, Chapter
1298 169)
1299 78B-5-401, (Renumbered from 78-22b-101, as enacted by Laws of Utah 1990, Chapter
1300 200)
1301 78B-5-402, (Renumbered from 78-22b-102, as enacted by Laws of Utah 1990, Chapter
1302 200)
1303 78B-5-403, (Renumbered from 78-22b-103, as enacted by Laws of Utah 1990, Chapter
1304 200)
1305 78B-5-404, (Renumbered from 78-22b-104, as enacted by Laws of Utah 1990, Chapter
1306 200)
1307 78B-5-405, (Renumbered from 78-22b-105, as enacted by Laws of Utah 1990, Chapter
1308 200)
1309 78B-5-406, (Renumbered from 78-22b-106, as enacted by Laws of Utah 1990, Chapter
1310 200)
1311 78B-5-407, (Renumbered from 78-22b-107, as enacted by Laws of Utah 1990, Chapter
1312 200)
1313 78B-5-408, (Renumbered from 78-22b-108, as enacted by Laws of Utah 1990, Chapter
1314 200)
1315 78B-5-409, (Renumbered from 78-22b-109, as enacted by Laws of Utah 1990, Chapter
1316 200)
1317 78B-5-410, (Renumbered from 78-22b-110, as enacted by Laws of Utah 1990, Chapter

1318 200)
1319 78B-5-411, (Renumbered from 78-22b-111, as enacted by Laws of Utah 1990, Chapter
1320 200)
1321 78B-5-412, (Renumbered from 78-22b-112, as enacted by Laws of Utah 1990, Chapter
1322 200)
1323 78B-5-413, (Renumbered from 78-22b-113, as enacted by Laws of Utah 1990, Chapter
1324 200)
1325 78B-5-414, (Renumbered from 78-22b-114, as enacted by Laws of Utah 1990, Chapter
1326 200)
1327 78B-5-415, (Renumbered from 78-22b-115, as enacted by Laws of Utah 1990, Chapter
1328 200)
1329 78B-5-416, (Renumbered from 78-22b-116, as enacted by Laws of Utah 1990, Chapter
1330 200)
1331 78B-5-501, (Renumbered from 78-23-1, as enacted by Laws of Utah 1981, Chapter
1332 111)
1333 78B-5-502, (Renumbered from 78-23-2, as enacted by Laws of Utah 1981, Chapter
1334 111)
1335 78B-5-503, (Renumbered from 78-23-3, as last amended by Laws of Utah 2004,
1336 Chapter 135)
1337 78B-5-504, (Renumbered from 78-23-4, as enacted by Laws of Utah 1981, Chapter
1338 111)
1339 78B-5-505, (Renumbered from 78-23-5, as last amended by Laws of Utah 2007,
1340 Chapter 323)
1341 78B-5-506, (Renumbered from 78-23-8, as last amended by Laws of Utah 2002,
1342 Chapter 72)
1343 78B-5-507, (Renumbered from 78-23-9, as last amended by Laws of Utah 2005,
1344 Chapter 234)
1345 78B-5-508, (Renumbered from 78-23-10, as last amended by Laws of Utah 2004,

1346 Chapter 7)
1347 78B-5-509, (Renumbered from 78-23-11, as enacted by Laws of Utah 1981, Chapter
1348 111)
1349 78B-5-510, (Renumbered from 78-23-12, as enacted by Laws of Utah 1981, Chapter
1350 111)
1351 78B-5-511, (Renumbered from 78-23-13, as enacted by Laws of Utah 1981, Chapter
1352 111)
1353 78B-5-512, (Renumbered from 78-23-14, as enacted by Laws of Utah 1981, Chapter
1354 111)
1355 78B-5-513, (Renumbered from 78-23-15, as enacted by Laws of Utah 1981, Chapter
1356 111)
1357 78B-5-601, (Renumbered from 78-25-2, Utah Code Annotated 1953)
1358 78B-5-602, (Renumbered from 78-25-3, Utah Code Annotated 1953)
1359 78B-5-603, (Renumbered from 78-25-4, Utah Code Annotated 1953)
1360 78B-5-604, (Renumbered from 78-25-5, Utah Code Annotated 1953)
1361 78B-5-605, (Renumbered from 78-25-6, Utah Code Annotated 1953)
1362 78B-5-606, (Renumbered from 78-25-7, Utah Code Annotated 1953)
1363 78B-5-607, (Renumbered from 78-25-8, Utah Code Annotated 1953)
1364 78B-5-608, (Renumbered from 78-25-9, Utah Code Annotated 1953)
1365 78B-5-609, (Renumbered from 78-25-10, Utah Code Annotated 1953)
1366 78B-5-610, (Renumbered from 78-25-11, Utah Code Annotated 1953)
1367 78B-5-611, (Renumbered from 78-25-12, Utah Code Annotated 1953)
1368 78B-5-612, (Renumbered from 78-25-13, Utah Code Annotated 1953)
1369 78B-5-614, (Renumbered from 78-25-15, Utah Code Annotated 1953)
1370 78B-5-615, (Renumbered from 78-25-16, as last amended by Laws of Utah 2007,
1371 Chapter 306)
1372 78B-5-616, (Renumbered from 78-25-16.5, as enacted by Laws of Utah 1983, Chapter
1373 165)

1374 78B-5-617, (Renumbered from 78-25-17, Utah Code Annotated 1953)
1375 78B-5-618, (Renumbered from 78-25-25, as repealed and reenacted by Laws of Utah
1376 2003, Chapter 64)
1377 78B-5-619, (Renumbered from 78-25-26, as enacted by Laws of Utah 2006, Chapter
1378 238)
1379 78B-5-701, (Renumbered from 78-26-5, as last amended by Laws of Utah 1990,
1380 Chapter 59)
1381 78B-5-702, (Renumbered from 78-26-6, Utah Code Annotated 1953)
1382 78B-5-703, (Renumbered from 78-26-7, Utah Code Annotated 1953)
1383 78B-5-704, (Renumbered from 78-26-8, Utah Code Annotated 1953)
1384 78B-5-801, (Renumbered from 78-26-4, Utah Code Annotated 1953)
1385 78B-5-802, (Renumbered from 78-27-1, Utah Code Annotated 1953)
1386 78B-5-803, (Renumbered from 78-27-2, Utah Code Annotated 1953)
1387 78B-5-804, (Renumbered from 78-27-4, as last amended by Laws of Utah 2002,
1388 Chapter 22)
1389 78B-5-805, (Renumbered from 78-27-12, Utah Code Annotated 1953)
1390 78B-5-806, (Renumbered from 78-27-13, Utah Code Annotated 1953)
1391 78B-5-807, (Renumbered from 78-27-14, Utah Code Annotated 1953)
1392 78B-5-808, (Renumbered from 78-27-15, as last amended by Laws of Utah 1995,
1393 Chapter 20)
1394 78B-5-809, (Renumbered from 78-27-16, Utah Code Annotated 1953)
1395 78B-5-810, (Renumbered from 78-27-17, Utah Code Annotated 1953)
1396 78B-5-811, (Renumbered from 78-27-18, Utah Code Annotated 1953)
1397 78B-5-812, (Renumbered from 78-27-32, as enacted by Laws of Utah 1973, Chapter
1398 208)
1399 78B-5-813, (Renumbered from 78-27-33, as last amended by Laws of Utah 1998,
1400 Chapter 282)
1401 78B-5-814, (Renumbered from 78-27-34, as last amended by Laws of Utah 1992,

1402 Chapter 30)
1403 78B-5-815, (Renumbered from 78-27-35, as enacted by Laws of Utah 1973, Chapter
1404 208)
1405 78B-5-816, (Renumbered from 78-27-36, as enacted by Laws of Utah 1973, Chapter
1406 208)
1407 78B-5-817, (Renumbered from 78-27-37, as last amended by Laws of Utah 2005,
1408 Chapter 102)
1409 78B-5-818, (Renumbered from 78-27-38, as last amended by Laws of Utah 2005,
1410 Chapter 79)
1411 78B-5-819, (Renumbered from 78-27-39, as last amended by Laws of Utah 2005,
1412 Chapter 79)
1413 78B-5-820, (Renumbered from 78-27-40, as last amended by Laws of Utah 1994,
1414 Chapter 221)
1415 78B-5-821, (Renumbered from 78-27-41, as last amended by Laws of Utah 2005,
1416 Chapter 79)
1417 78B-5-822, (Renumbered from 78-27-42, as enacted by Laws of Utah 1986, Chapter
1418 199)
1419 78B-5-823, (Renumbered from 78-27-43, as last amended by Laws of Utah 2005,
1420 Chapter 102)
1421 78B-5-824, (Renumbered from 78-27-44, as last amended by Laws of Utah 1991,
1422 Chapter 123)
1423 78B-5-825, (Renumbered from 78-27-56, as last amended by Laws of Utah 1988,
1424 Chapter 92)
1425 78B-5-826, (Renumbered from 78-27-56.5, as enacted by Laws of Utah 1986, Chapter
1426 79)
1427 78B-5-827, (Renumbered from 78-27-57, as enacted by Laws of Utah 1981, Chapter
1428 155)
1429 78B-6-102, (Renumbered from 78-30-1.5, as last amended by Laws of Utah 2000,

1430 Chapter 208)
1431 78B-6-105, (Renumbered from 78-30-7, as last amended by Laws of Utah 2006,
1432 Chapter 132)
1433 78B-6-106, (Renumbered from 78-30-4.15, as last amended by Laws of Utah 2006,
1434 Chapter 186)
1435 78B-6-107, (Renumbered from 78-30-15.1, as last amended by Laws of Utah 1997,
1436 Chapter 10)
1437 78B-6-108, (Renumbered from 78-30-8.5, as last amended by Laws of Utah 2004,
1438 Chapter 56)
1439 78B-6-109, (Renumbered from 78-30-4.24, as last amended by Laws of Utah 2004,
1440 Chapter 122)
1441 78B-6-110, (Renumbered from 78-30-4.13, as last amended by Laws of Utah 2007,
1442 Chapter 196)
1443 78B-6-111, (Renumbered from 78-30-4.23, as last amended by Laws of Utah 2004,
1444 Chapter 122)
1445 78B-6-112, (Renumbered from 78-30-7.1, as enacted by Laws of Utah 2007, Chapter
1446 196)
1447 78B-6-113, (Renumbered from 78-30-3.6, as last amended by Laws of Utah 2007,
1448 Chapters 152 and 196)
1449 78B-6-114, (Renumbered from 78-30-3, as last amended by Laws of Utah 1990,
1450 Chapter 65)
1451 78B-6-115, (Renumbered from 78-30-1, as last amended by Laws of Utah 2007,
1452 Chapters 255 and 298)
1453 78B-6-116, (Renumbered from 78-30-1.2, as enacted by Laws of Utah 2007, Chapter
1454 298)
1455 78B-6-118, (Renumbered from 78-30-2, as last amended by Laws of Utah 1985,
1456 Chapter 20)
1457 78B-6-119, (Renumbered from 78-30-3.3, as enacted by Laws of Utah 2005, Chapter

1458 137)
1459 78B-6-123, (Renumbered from 78-30-4.21, as last amended by Laws of Utah 2005,
1460 Chapter 137)
1461 78B-6-124, (Renumbered from 78-30-4.18, as last amended by Laws of Utah 2007,
1462 Chapter 196)
1463 78B-6-125, (Renumbered from 78-30-4.19, as last amended by Laws of Utah 2004,
1464 Chapter 122)
1465 78B-6-126, (Renumbered from 78-30-4.20, as renumbered and amended by Laws of
1466 Utah 1995, Chapter 168)
1467 78B-6-127, (Renumbered from 78-30-4.17, as enacted by Laws of Utah 1995, Chapter
1468 168)
1469 78B-6-132, (Renumbered from 78-30-1.6, as enacted by Laws of Utah 1997, Chapter
1470 195)
1471 78B-6-133, (Renumbered from 78-30-4.16, as last amended by Laws of Utah 2007,
1472 Chapter 196)
1473 78B-6-134, (Renumbered from 78-30-4.22, as renumbered and amended by Laws of
1474 Utah 1995, Chapter 168)
1475 78B-6-135, (Renumbered from 78-30-14, as last amended by Laws of Utah 2007,
1476 Chapter 196)
1477 78B-6-136, (Renumbered from 78-30-8, as last amended by Laws of Utah 2007,
1478 Chapter 196)
1479 78B-6-137, (Renumbered from 78-30-9, as last amended by Laws of Utah 2000,
1480 Chapter 208)
1481 78B-6-138, (Renumbered from 78-30-11, as last amended by Laws of Utah 2007,
1482 Chapter 196)
1483 78B-6-139, (Renumbered from 78-30-10, as last amended by Laws of Utah 1990,
1484 Chapters 65 and 245)
1485 78B-6-140, (Renumbered from 78-30-15.5, as last amended by Laws of Utah 2005,

1486 Chapter 133)
1487 78B-6-141, (Renumbered from 78-30-15, as last amended by Laws of Utah 2007,
1488 Chapter 298)
1489 78B-6-142, (Renumbered from 78-30-8.6, as enacted by Laws of Utah 2004, Chapter
1490 56)
1491 78B-6-143, (Renumbered from 78-30-17, as enacted by Laws of Utah 1987, Chapter
1492 39)
1493 78B-6-144, (Renumbered from 78-30-18, as last amended by Laws of Utah 1995,
1494 Chapter 20)
1495 78B-6-145, (Renumbered from 78-30-19, as enacted by Laws of Utah 1987, Chapter
1496 39)
1497 78B-6-201, (Renumbered from 78-31b-1, as repealed and reenacted by Laws of Utah
1498 1994, Chapter 228)
1499 78B-6-202, (Renumbered from 78-31b-2, as last amended by Laws of Utah 2000,
1500 Chapter 288)
1501 78B-6-203, (Renumbered from 78-31b-3, as last amended by Laws of Utah 2000,
1502 Chapter 288)
1503 78B-6-204, (Renumbered from 78-31b-4, as last amended by Laws of Utah 2000,
1504 Chapter 288)
1505 78B-6-205, (Renumbered from 78-31b-5, as last amended by Laws of Utah 2002,
1506 Chapter 326)
1507 78B-6-206, (Renumbered from 78-31b-6, as last amended by Laws of Utah 2004,
1508 Chapter 90)
1509 78B-6-207, (Renumbered from 78-31b-7, as last amended by Laws of Utah 2004,
1510 Chapter 150)
1511 78B-6-208, (Renumbered from 78-31b-8, as last amended by Laws of Utah 2004,
1512 Chapter 90)
1513 78B-6-209, (Renumbered from 78-31b-9, as last amended by Laws of Utah 2007,

1514 Chapter 326)
1515 78B-6-301, (Renumbered from 78-32-1, Utah Code Annotated 1953)
1516 78B-6-302, (Renumbered from 78-32-3, Utah Code Annotated 1953)
1517 78B-6-303, (Renumbered from 78-32-4, Utah Code Annotated 1953)
1518 78B-6-304, (Renumbered from 78-32-5, Utah Code Annotated 1953)
1519 78B-6-305, (Renumbered from 78-32-6, as last amended by Laws of Utah 1995,
1520 Chapter 20)
1521 78B-6-306, (Renumbered from 78-32-7, Utah Code Annotated 1953)
1522 78B-6-307, (Renumbered from 78-32-8, Utah Code Annotated 1953)
1523 78B-6-308, (Renumbered from 78-32-13, Utah Code Annotated 1953)
1524 78B-6-309, (Renumbered from 78-32-9, Utah Code Annotated 1953)
1525 78B-6-310, (Renumbered from 78-32-10, as last amended by Laws of Utah 1993,
1526 Chapter 159)
1527 78B-6-311, (Renumbered from 78-32-11, Utah Code Annotated 1953)
1528 78B-6-312, (Renumbered from 78-32-12, Utah Code Annotated 1953)
1529 78B-6-314, (Renumbered from 78-32-2, Utah Code Annotated 1953)
1530 78B-6-315, (Renumbered from 78-32-17, as last amended by Laws of Utah 2001,
1531 Chapter 255)
1532 78B-6-316, (Renumbered from 78-32-12.1, as last amended by Laws of Utah 2005,
1533 Chapter 129)
1534 78B-6-401, (Renumbered from 78-33-1, Utah Code Annotated 1953)
1535 78B-6-402, (Renumbered from 78-33-5, Utah Code Annotated 1953)
1536 78B-6-403, (Renumbered from 78-33-11, Utah Code Annotated 1953)
1537 78B-6-404, (Renumbered from 78-33-6, Utah Code Annotated 1953)
1538 78B-6-405, (Renumbered from 78-33-7, Utah Code Annotated 1953)
1539 78B-6-406, (Renumbered from 78-33-8, Utah Code Annotated 1953)
1540 78B-6-407, (Renumbered from 78-33-9, Utah Code Annotated 1953)
1541 78B-6-408, (Renumbered from 78-33-2, Utah Code Annotated 1953)

1542 78B-6-409, (Renumbered from 78-33-3, Utah Code Annotated 1953)
1543 78B-6-410, (Renumbered from 78-33-4, Utah Code Annotated 1953)
1544 78B-6-411, (Renumbered from 78-33-10, Utah Code Annotated 1953)
1545 78B-6-412, (Renumbered from 78-33-12, Utah Code Annotated 1953)
1546 78B-6-501, (Renumbered from 78-34-1, as last amended by Laws of Utah 2006,
1547 Chapter 358)
1548 78B-6-502, (Renumbered from 78-34-2, as last amended by Laws of Utah 1989,
1549 Chapter 76)
1550 78B-6-503, (Renumbered from 78-34-3, Utah Code Annotated 1953)
1551 78B-6-504, (Renumbered from 78-34-4, as last amended by Laws of Utah 2006,
1552 Chapter 358)
1553 78B-6-505, (Renumbered from 78-34-4.5, as last amended by Laws of Utah 2007,
1554 Chapter 306)
1555 78B-6-506, (Renumbered from 78-34-5, as last amended by Laws of Utah 2004,
1556 Chapter 223)
1557 78B-6-507, (Renumbered from 78-34-6, as last amended by Laws of Utah 1999,
1558 Chapter 190)
1559 78B-6-508, (Renumbered from 78-34-7, as last amended by Laws of Utah 2004,
1560 Chapter 101)
1561 78B-6-509, (Renumbered from 78-34-8, as last amended by Laws of Utah 1981,
1562 Chapter 161)
1563 78B-6-510, (Renumbered from 78-34-9, as last amended by Laws of Utah 2007,
1564 Chapter 306)
1565 78B-6-511, (Renumbered from 78-34-10, as last amended by Laws of Utah 2004,
1566 Chapter 101)
1567 78B-6-512, (Renumbered from 78-34-11, as last amended by Laws of Utah 2002,
1568 Chapter 156)
1569 78B-6-513, (Renumbered from 78-34-12, Utah Code Annotated 1953)

1570 78B-6-514, (Renumbered from 78-34-13, Utah Code Annotated 1953)
1571 78B-6-515, (Renumbered from 78-34-14, Utah Code Annotated 1953)
1572 78B-6-516, (Renumbered from 78-34-15, as last amended by Laws of Utah 1995,
1573 Chapter 20)
1574 78B-6-517, (Renumbered from 78-34-16, as last amended by Laws of Utah 1967,
1575 Chapter 220)
1576 78B-6-518, (Renumbered from 78-34-17, Utah Code Annotated 1953)
1577 78B-6-519, (Renumbered from 78-34-18, Utah Code Annotated 1953)
1578 78B-6-520, (Renumbered from 78-34-19, as enacted by Laws of Utah 1981, Chapter
1579 161)
1580 78B-6-521, (Renumbered from 78-34-20, as last amended by Laws of Utah 2003,
1581 Chapter 300)
1582 78B-6-522, (Renumbered from 78-34-21, as last amended by Laws of Utah 2007,
1583 Chapter 306)
1584 78B-6-601, (Renumbered from 78-35-1, Utah Code Annotated 1953)
1585 78B-6-602, (Renumbered from 78-35-2, Utah Code Annotated 1953)
1586 78B-6-603, (Renumbered from 78-35-3, Utah Code Annotated 1953)
1587 78B-6-604, (Renumbered from 78-35-4, Utah Code Annotated 1953)
1588 78B-6-606, (Renumbered from 78-35-6, Utah Code Annotated 1953)
1589 78B-6-607, (Renumbered from 78-35-7, Utah Code Annotated 1953)
1590 78B-6-608, (Renumbered from 78-35-8, Utah Code Annotated 1953)
1591 78B-6-609, (Renumbered from 78-35-9, Utah Code Annotated 1953)
1592 78B-6-610, (Renumbered from 78-35-10, Utah Code Annotated 1953)
1593 78B-6-701, (Renumbered from 78-15-1, as enacted by Laws of Utah 1977, Chapter
1594 149)
1595 78B-6-703, (Renumbered from 78-15-6, as enacted by Laws of Utah 1977, Chapter
1596 149)
1597 78B-6-704, (Renumbered from 78-15-4, as enacted by Laws of Utah 1977, Chapter

1598 149)
1599 78B-6-705, (Renumbered from 78-15-5, as last amended by Laws of Utah 1989,
1600 Chapter 119)
1601 78B-6-706, (Renumbered from 78-15-3, as repealed and reenacted by Laws of Utah
1602 1989, Chapter 119)
1603 78B-6-707, (Renumbered from 78-15-7, as enacted by Laws of Utah 2000, Chapter
1604 109)
1605 78B-6-802, (Renumbered from 78-36-3, as last amended by Laws of Utah 2007,
1606 Chapter 360)
1607 78B-6-803, (Renumbered from 78-36-4, as last amended by Laws of Utah 1981,
1608 Chapter 160)
1609 78B-6-804, (Renumbered from 78-36-5, Utah Code Annotated 1953)
1610 78B-6-805, (Renumbered from 78-36-6, as last amended by Laws of Utah 1997,
1611 Chapter 203)
1612 78B-6-806, (Renumbered from 78-36-7, as last amended by Laws of Utah 2007,
1613 Chapter 360)
1614 78B-6-807, (Renumbered from 78-36-8, as last amended by Laws of Utah 2007,
1615 Chapter 360)
1616 78B-6-808, (Renumbered from 78-36-8.5, as last amended by Laws of Utah 2007,
1617 Chapters 326 and 360)
1618 78B-6-809, (Renumbered from 78-36-9, Utah Code Annotated 1953)
1619 78B-6-810, (Renumbered from 78-36-9.5, as enacted by Laws of Utah 2007, Chapter
1620 360)
1621 78B-6-811, (Renumbered from 78-36-10, as last amended by Laws of Utah 2007,
1622 Chapter 360)
1623 78B-6-812, (Renumbered from 78-36-10.5, as last amended by Laws of Utah 2007,
1624 Chapter 360)
1625 78B-6-813, (Renumbered from 78-36-11, as last amended by Laws of Utah 1992,

1626 Chapter 141)
1627 78B-6-814, (Renumbered from 78-36-12, as enacted by Laws of Utah 1981, Chapter
1628 160)
1629 78B-6-815, (Renumbered from 78-36-12.3, as enacted by Laws of Utah 1981, Chapter
1630 160)
1631 78B-6-816, (Renumbered from 78-36-12.6, as last amended by Laws of Utah 1997,
1632 Chapter 352)
1633 78B-6-901, (Renumbered from 78-37-1, as last amended by Laws of Utah 1965,
1634 Chapter 172)
1635 78B-6-902, (Renumbered from 78-37-2, Utah Code Annotated 1953)
1636 78B-6-903, (Renumbered from 78-37-3, Utah Code Annotated 1953)
1637 78B-6-904, (Renumbered from 78-37-4, Utah Code Annotated 1953)
1638 78B-6-905, (Renumbered from 78-37-5, Utah Code Annotated 1953)
1639 78B-6-906, (Renumbered from 78-37-6, Utah Code Annotated 1953)
1640 78B-6-907, (Renumbered from 78-37-8, Utah Code Annotated 1953)
1641 78B-6-908, (Renumbered from 78-37-9, Utah Code Annotated 1953)
1642 78B-6-909, (Renumbered from 78-37-1.5, as enacted by Laws of Utah 1993, Chapter
1643 240)
1644 78B-6-1001, (Renumbered from 78-38-2, Utah Code Annotated 1953)
1645 78B-6-1002, (Renumbered from 78-38-3, Utah Code Annotated 1953)
1646 78B-6-1003, (Renumbered from 78-38-4, as last amended by Laws of Utah 1995,
1647 Chapter 20)
1648 78B-6-1101, (Renumbered from 78-38-1, as last amended by Laws of Utah 1997,
1649 Chapter 230)
1650 78B-6-1103, (Renumbered from 78-38-5, as enacted by Laws of Utah 1981, Chapter
1651 190)
1652 78B-6-1104, (Renumbered from 78-38-7, as repealed and reenacted by Laws of Utah
1653 1995, Chapter 73)

1654 78B-6-1105, (Renumbered from 78-38-.5, as enacted by Laws of Utah 1997, Chapter
1655 230)
1656 78B-6-1107, (Renumbered from 78-38-9, as last amended by Laws of Utah 1999,
1657 Chapter 136)
1658 78B-6-1108, (Renumbered from 78-38-10, as enacted by Laws of Utah 1992, Chapter
1659 141)
1660 78B-6-1109, (Renumbered from 78-38-11, as enacted by Laws of Utah 1992, Chapter
1661 141)
1662 78B-6-1110, (Renumbered from 78-38-12, as enacted by Laws of Utah 1992, Chapter
1663 141)
1664 78B-6-1111, (Renumbered from 78-38-13, as enacted by Laws of Utah 1992, Chapter
1665 141)
1666 78B-6-1112, (Renumbered from 78-38-14, as enacted by Laws of Utah 1992, Chapter
1667 141)
1668 78B-6-1113, (Renumbered from 78-38-15, as enacted by Laws of Utah 1992, Chapter
1669 141)
1670 78B-6-1114, (Renumbered from 78-38-16, as last amended by Laws of Utah 1996,
1671 Chapter 69)
1672 78B-6-1202, (Renumbered from 78-39-2, Utah Code Annotated 1953)
1673 78B-6-1203, (Renumbered from 78-39-3, Utah Code Annotated 1953)
1674 78B-6-1204, (Renumbered from 78-39-4, Utah Code Annotated 1953)
1675 78B-6-1205, (Renumbered from 78-39-5, Utah Code Annotated 1953)
1676 78B-6-1206, (Renumbered from 78-39-6, Utah Code Annotated 1953)
1677 78B-6-1207, (Renumbered from 78-39-7, Utah Code Annotated 1953)
1678 78B-6-1208, (Renumbered from 78-39-8, Utah Code Annotated 1953)
1679 78B-6-1209, (Renumbered from 78-39-9, Utah Code Annotated 1953)
1680 78B-6-1210, (Renumbered from 78-39-10, Utah Code Annotated 1953)
1681 78B-6-1212, (Renumbered from 78-39-12, Utah Code Annotated 1953)

1682 78B-6-1213, (Renumbered from 78-39-13, Utah Code Annotated 1953)
1683 78B-6-1214, (Renumbered from 78-39-14, Utah Code Annotated 1953)
1684 78B-6-1215, (Renumbered from 78-39-15, as last amended by Laws of Utah 2007,
1685 Chapter 306)
1686 78B-6-1216, (Renumbered from 78-39-16, Utah Code Annotated 1953)
1687 78B-6-1217, (Renumbered from 78-39-17, Utah Code Annotated 1953)
1688 78B-6-1218, (Renumbered from 78-39-18, Utah Code Annotated 1953)
1689 78B-6-1219, (Renumbered from 78-39-19, Utah Code Annotated 1953)
1690 78B-6-1220, (Renumbered from 78-39-20, Utah Code Annotated 1953)
1691 78B-6-1221, (Renumbered from 78-39-21, Utah Code Annotated 1953)
1692 78B-6-1222, (Renumbered from 78-39-22, Utah Code Annotated 1953)
1693 78B-6-1223, (Renumbered from 78-39-23, Utah Code Annotated 1953)
1694 78B-6-1224, (Renumbered from 78-39-24, Utah Code Annotated 1953)
1695 78B-6-1225, (Renumbered from 78-39-25, Utah Code Annotated 1953)
1696 78B-6-1226, (Renumbered from 78-39-26, Utah Code Annotated 1953)
1697 78B-6-1227, (Renumbered from 78-39-27, Utah Code Annotated 1953)
1698 78B-6-1228, (Renumbered from 78-39-28, as last amended by Laws of Utah 1995,
1699 Chapter 20)
1700 78B-6-1229, (Renumbered from 78-39-29, Utah Code Annotated 1953)
1701 78B-6-1230, (Renumbered from 78-39-30, Utah Code Annotated 1953)
1702 78B-6-1231, (Renumbered from 78-39-31, Utah Code Annotated 1953)
1703 78B-6-1232, (Renumbered from 78-39-32, Utah Code Annotated 1953)
1704 78B-6-1233, (Renumbered from 78-39-33, Utah Code Annotated 1953)
1705 78B-6-1234, (Renumbered from 78-39-34, Utah Code Annotated 1953)
1706 78B-6-1235, (Renumbered from 78-39-35, Utah Code Annotated 1953)
1707 78B-6-1236, (Renumbered from 78-39-36, Utah Code Annotated 1953)
1708 78B-6-1237, (Renumbered from 78-39-37, Utah Code Annotated 1953)
1709 78B-6-1238, (Renumbered from 78-39-38, Utah Code Annotated 1953)

1710 78B-6-1239, (Renumbered from 78-39-39, Utah Code Annotated 1953)
1711 78B-6-1240, (Renumbered from 78-39-40, Utah Code Annotated 1953)
1712 78B-6-1241, (Renumbered from 78-39-41, Utah Code Annotated 1953)
1713 78B-6-1242, (Renumbered from 78-39-42, Utah Code Annotated 1953)
1714 78B-6-1243, (Renumbered from 78-39-45, Utah Code Annotated 1953)
1715 78B-6-1244, (Renumbered from 78-39-46, Utah Code Annotated 1953)
1716 78B-6-1245, (Renumbered from 78-39-47, Utah Code Annotated 1953)
1717 78B-6-1246, (Renumbered from 78-39-48, Utah Code Annotated 1953)
1718 78B-6-1247, (Renumbered from 78-39-49, Utah Code Annotated 1953)
1719 78B-6-1305, (Renumbered from 78-40-3, Utah Code Annotated 1953)
1720 78B-6-1306, (Renumbered from 78-40-4, Utah Code Annotated 1953)
1721 78B-6-1307, (Renumbered from 78-40-5, Utah Code Annotated 1953)
1722 78B-6-1308, (Renumbered from 78-40-6, Utah Code Annotated 1953)
1723 78B-6-1309, (Renumbered from 78-40-7, Utah Code Annotated 1953)
1724 78B-6-1310, (Renumbered from 78-40-8, Utah Code Annotated 1953)
1725 78B-6-1311, (Renumbered from 78-40-9, Utah Code Annotated 1953)
1726 78B-6-1312, (Renumbered from 78-40-10, Utah Code Annotated 1953)
1727 78B-6-1314, (Renumbered from 78-40-12, Utah Code Annotated 1953)
1728 78B-6-1315, (Renumbered from 78-40-13, Utah Code Annotated 1953)
1729 78B-6-1401, (Renumbered from 78-58-101, as enacted by Laws of Utah 2001, Chapter
1730 163)
1731 78B-6-1402, (Renumbered from 78-58-102, as enacted by Laws of Utah 2001, Chapter
1732 163)
1733 78B-6-1403, (Renumbered from 78-58-103, as enacted by Laws of Utah 2001, Chapter
1734 163)
1735 78B-6-1404, (Renumbered from 78-58-104, as enacted by Laws of Utah 2001, Chapter
1736 163)
1737 78B-6-1405, (Renumbered from 78-58-105, as enacted by Laws of Utah 2001, Chapter

1738 163)
1739 78B-6-1501, (Renumbered from 78-59-101, as enacted by Laws of Utah 2002, Chapter
1740 99)
1741 78B-6-1502, (Renumbered from 78-59-102, as last amended by Laws of Utah 2007,
1742 Chapter 63)
1743 78B-6-1503, (Renumbered from 78-59-103, as enacted by Laws of Utah 2002, Chapter
1744 99)
1745 78B-6-1504, (Renumbered from 78-59-104, as enacted by Laws of Utah 2002, Chapter
1746 99)
1747 78B-6-1505, (Renumbered from 78-59-105, as enacted by Laws of Utah 2002, Chapter
1748 99)
1749 78B-6-1506, (Renumbered from 78-59-106, as enacted by Laws of Utah 2002, Chapter
1750 99)
1751 78B-6-1507, (Renumbered from 78-59-107, as last amended by Laws of Utah 2007,
1752 Chapter 63)
1753 78B-6-1508, (Renumbered from 78-59-108, as enacted by Laws of Utah 2002, Chapter
1754 99)
1755 78B-7-102, (Renumbered from 30-6-1, as last amended by Laws of Utah 2006, Chapter
1756 157)
1757 78B-7-103, (Renumbered from 30-6-2, as last amended by Laws of Utah 2003, Chapter
1758 68)
1759 78B-7-104, (Renumbered from 30-6-3, as last amended by Laws of Utah 2003, Chapter
1760 68)
1761 78B-7-105, (Renumbered from 30-6-4, as last amended by Laws of Utah 2006, Chapter
1762 157)
1763 78B-7-106, (Renumbered from 30-6-4.2, as last amended by Laws of Utah 2005,
1764 Chapter 156)
1765 78B-7-107, (Renumbered from 30-6-4.3, as last amended by Laws of Utah 2001,

1766 Chapter 247)
1767 78B-7-108, (Renumbered from 30-6-4.5, as last amended by Laws of Utah 1996,
1768 Chapter 244)
1769 78B-7-109, (Renumbered from 30-6-4.1, as last amended by Laws of Utah 1998,
1770 Chapter 282)
1771 78B-7-110, (Renumbered from 30-6-4.4, as enacted by Laws of Utah 1995, Chapter
1772 300)
1773 78B-7-111, (Renumbered from 30-6-4.6, as enacted by Laws of Utah 1995, Chapter
1774 300)
1775 78B-7-112, (Renumbered from 30-6-11, as last amended by Laws of Utah 1996,
1776 Chapter 318)
1777 78B-7-113, (Renumbered from 30-6-8, as last amended by Laws of Utah 1998, Chapter
1778 263)
1779 78B-7-114, (Renumbered from 30-6-14, as enacted by Laws of Utah 1996, Chapter
1780 244)
1781 78B-7-115, (Renumbered from 30-6-15, as enacted by Laws of Utah 2003, Chapter 68)
1782 78B-7-116, (Renumbered from 30-6-12, as last amended by Laws of Utah 2006,
1783 Chapter 157)
1784 78B-7-201, (Renumbered from 78-3h-101, as last amended by Laws of Utah 2004,
1785 Chapter 201)
1786 78B-7-202, (Renumbered from 78-3h-102, as last amended by Laws of Utah 2004,
1787 Chapter 201)
1788 78B-7-203, (Renumbered from 78-3h-103, as last amended by Laws of Utah 2004,
1789 Chapter 201)
1790 78B-7-204, (Renumbered from 78-3h-104, as last amended by Laws of Utah 2006,
1791 Chapter 157)
1792 78B-7-205, (Renumbered from 78-3h-105, as last amended by Laws of Utah 2007,
1793 Chapter 326)

1794 78B-7-206, (Renumbered from 78-3h-106, as enacted by Laws of Utah 2003, Chapter
1795 68)
1796 78B-7-207, (Renumbered from 78-3h-107, as enacted by Laws of Utah 2003, Chapter
1797 68)
1798 78B-7-301, (Renumbered from 30-6a-101, as enacted by Laws of Utah 2006, Chapter
1799 157)
1800 78B-7-302, (Renumbered from 30-6a-102, as enacted by Laws of Utah 2006, Chapter
1801 157)
1802 78B-7-303, (Renumbered from 30-6a-103, as enacted by Laws of Utah 2006, Chapter
1803 157)
1804 78B-7-304, (Renumbered from 30-6a-104, as enacted by Laws of Utah 2006, Chapter
1805 157)
1806 78B-7-305, (Renumbered from 30-6a-105, as enacted by Laws of Utah 2006, Chapter
1807 157)
1808 78B-7-306, (Renumbered from 30-6a-106, as enacted by Laws of Utah 2006, Chapter
1809 157)
1810 78B-7-307, (Renumbered from 30-6a-107, as enacted by Laws of Utah 2006, Chapter
1811 157)
1812 78B-7-308, (Renumbered from 30-6a-108, as enacted by Laws of Utah 2006, Chapter
1813 157)
1814 78B-7-309, (Renumbered from 30-6a-109, as enacted by Laws of Utah 2006, Chapter
1815 157)
1816 78B-7-310, (Renumbered from 30-6a-111, as last amended by Laws of Utah 2006,
1817 Third Special Session, Chapter 3)
1818 78B-8-102, (Renumbered from 78-3g-101, as last amended by Laws of Utah 1997,
1819 Chapter 133)
1820 78B-8-103, (Renumbered from 78-3g-102, as last amended by Laws of Utah 2003,
1821 Chapter 94)

1822 78B-8-201, (Renumbered from 78-18-1, as last amended by Laws of Utah 2006,
1823 Chapter 48)
1824 78B-8-202, (Renumbered from 78-18-1.5, as enacted by Laws of Utah 2002, Chapter
1825 314)
1826 78B-8-203, (Renumbered from 78-18-2, as enacted by Laws of Utah 1989, Chapter
1827 237)
1828 78B-8-301, (Renumbered from 78-12a-1, as enacted by Laws of Utah 1990, Chapter
1829 20)
1830 78B-8-302, (Renumbered from 78-12a-2, as last amended by Laws of Utah 2003,
1831 Chapter 204)
1832 78B-8-303, (Renumbered from 78-12a-3, as enacted by Laws of Utah 1990, Chapter
1833 20)
1834 78B-8-304, (Renumbered from 78-12a-4, as enacted by Laws of Utah 1990, Chapter
1835 20)
1836 78B-8-401, (Renumbered from 78-29-101, as last amended by Laws of Utah 2005,
1837 Chapter 243)
1838 78B-8-402, (Renumbered from 78-29-102, as last amended by Laws of Utah 2005,
1839 Chapter 243)
1840 78B-8-403, (Renumbered from 78-29-103, as last amended by Laws of Utah 2005,
1841 Chapter 243)
1842 78B-8-404, (Renumbered from 78-29-104, as enacted by Laws of Utah 2005, Chapter
1843 243)
1844 78B-8-405, (Renumbered from 78-29-105, as enacted by Laws of Utah 2005, Chapter
1845 243)
1846 78B-8-501, (Renumbered from 78-27a-1, as enacted by Laws of Utah 1983, Chapter
1847 298)
1848 78B-8-502, (Renumbered from 78-27a-2, as enacted by Laws of Utah 1983, Chapter
1849 298)

1850 78B-8-503, (Renumbered from 78-27a-3, as enacted by Laws of Utah 1983, Chapter
1851 298)
1852 78B-8-504, (Renumbered from 78-27a-4, as enacted by Laws of Utah 1983, Chapter
1853 298)
1854 78B-8-505, (Renumbered from 78-27a-5, as enacted by Laws of Utah 1983, Chapter
1855 298)
1856 78B-8-506, (Renumbered from 78-27a-6, as enacted by Laws of Utah 1983, Chapter
1857 298)
1858 78B-8-603, (Renumbered from 78-38-4.7, as enacted by Laws of Utah 1987, Chapter
1859 212)
1860 78B-8-604, (Renumbered from 78-38-4.6, as last amended by Laws of Utah 1998,
1861 Chapter 282)
1862 78B-8-605, (Renumbered from 78-38-4.8, as enacted by Laws of Utah 1987, Chapter
1863 212)
1864 78B-8-606, (Renumbered from 78-38-4.9, as last amended by Laws of Utah 1992,
1865 Chapter 30)
1866 78B-9-101, (Renumbered from 78-35a-101, as enacted by Laws of Utah 1996, Chapter
1867 235)
1868 78B-9-102, (Renumbered from 78-35a-102, as enacted by Laws of Utah 1996, Chapter
1869 235)
1870 78B-9-103, (Renumbered from 78-35a-103, as enacted by Laws of Utah 1996, Chapter
1871 235)
1872 78B-9-104, (Renumbered from 78-35a-104, as enacted by Laws of Utah 1996, Chapter
1873 235)
1874 78B-9-105, (Renumbered from 78-35a-105, as enacted by Laws of Utah 1996, Chapter
1875 235)
1876 78B-9-106, (Renumbered from 78-35a-106, as enacted by Laws of Utah 1996, Chapter
1877 235)

1878 78B-9-107, (Renumbered from 78-35a-107, as last amended by Laws of Utah 2004,
1879 Chapter 139)
1880 78B-9-108, (Renumbered from 78-35a-108, as enacted by Laws of Utah 1996, Chapter
1881 235)
1882 78B-9-109, (Renumbered from 78-35a-109, as enacted by Laws of Utah 1996, Chapter
1883 235)
1884 78B-9-110, (Renumbered from 78-35a-110, as enacted by Laws of Utah 1996, Chapter
1885 235)
1886 78B-9-201, (Renumbered from 78-35a-201, as renumbered and amended by Laws of
1887 Utah 1997, Chapter 76)
1888 78B-9-202, (Renumbered from 78-35a-202, as enacted by Laws of Utah 1997, Chapter
1889 76)
1890 78B-9-301, (Renumbered from 78-35a-301, as last amended by Laws of Utah 2007,
1891 Chapter 125)
1892 78B-9-302, (Renumbered from 78-35a-302, as enacted by Laws of Utah 2001, Chapter
1893 261)
1894 78B-9-303, (Renumbered from 78-35a-303, as enacted by Laws of Utah 2001, Chapter
1895 261)
1896 78B-9-304, (Renumbered from 78-35a-304, as enacted by Laws of Utah 2001, Chapter
1897 261)
1898 78B-10-101, (Renumbered from 78-31c-101, as enacted by Laws of Utah 2006, Chapter
1899 33)
1900 78B-10-102, (Renumbered from 78-31c-102, as enacted by Laws of Utah 2006, Chapter
1901 33)
1902 78B-10-103, (Renumbered from 78-31c-103, as enacted by Laws of Utah 2006, Chapter
1903 33)
1904 78B-10-104, (Renumbered from 78-31c-104, as enacted by Laws of Utah 2006, Chapter
1905 33)

1906 78B-10-105, (Renumbered from 78-31c-105, as enacted by Laws of Utah 2006, Chapter
1907 33)
1908 78B-10-106, (Renumbered from 78-31c-106, as enacted by Laws of Utah 2006, Chapter
1909 33)
1910 78B-10-107, (Renumbered from 78-31c-107, as enacted by Laws of Utah 2006, Chapter
1911 33)
1912 78B-10-108, (Renumbered from 78-31c-108, as enacted by Laws of Utah 2006, Chapter
1913 33)
1914 78B-10-109, (Renumbered from 78-31c-109, as enacted by Laws of Utah 2006, Chapter
1915 33)
1916 78B-10-110, (Renumbered from 78-31c-110, as enacted by Laws of Utah 2006, Chapter
1917 33)
1918 78B-10-111, (Renumbered from 78-31c-111, as enacted by Laws of Utah 2006, Chapter
1919 33)
1920 78B-10-112, (Renumbered from 78-31c-112, as enacted by Laws of Utah 2006, Chapter
1921 33)
1922 78B-10-113, (Renumbered from 78-31c-113, as enacted by Laws of Utah 2006, Chapter
1923 33)
1924 78B-10-114, (Renumbered from 78-31c-114, as enacted by Laws of Utah 2006, Chapter
1925 33)
1926 78B-11-101, (Renumbered from 78-31a-101, as enacted by Laws of Utah 2002, Chapter
1927 326)
1928 78B-11-102, (Renumbered from 78-31a-102, as enacted by Laws of Utah 2002, Chapter
1929 326)
1930 78B-11-103, (Renumbered from 78-31a-103, as enacted by Laws of Utah 2002, Chapter
1931 326)
1932 78B-11-104, (Renumbered from 78-31a-104, as enacted by Laws of Utah 2002, Chapter
1933 326)

1934 78B-11-105, (Renumbered from 78-31a-105, as enacted by Laws of Utah 2002, Chapter
1935 326)
1936 78B-11-106, (Renumbered from 78-31a-106, as enacted by Laws of Utah 2002, Chapter
1937 326)
1938 78B-11-107, (Renumbered from 78-31a-107, as enacted by Laws of Utah 2002, Chapter
1939 326)
1940 78B-11-108, (Renumbered from 78-31a-108, as enacted by Laws of Utah 2002, Chapter
1941 326)
1942 78B-11-109, (Renumbered from 78-31a-109, as enacted by Laws of Utah 2002, Chapter
1943 326)
1944 78B-11-110, (Renumbered from 78-31a-110, as enacted by Laws of Utah 2002, Chapter
1945 326)
1946 78B-11-111, (Renumbered from 78-31a-111, as enacted by Laws of Utah 2002, Chapter
1947 326)
1948 78B-11-112, (Renumbered from 78-31a-112, as enacted by Laws of Utah 2002, Chapter
1949 326)
1950 78B-11-113, (Renumbered from 78-31a-113, as enacted by Laws of Utah 2002, Chapter
1951 326)
1952 78B-11-114, (Renumbered from 78-31a-114, as enacted by Laws of Utah 2002, Chapter
1953 326)
1954 78B-11-115, (Renumbered from 78-31a-115, as enacted by Laws of Utah 2002, Chapter
1955 326)
1956 78B-11-116, (Renumbered from 78-31a-116, as enacted by Laws of Utah 2002, Chapter
1957 326)
1958 78B-11-117, (Renumbered from 78-31a-117, as enacted by Laws of Utah 2002, Chapter
1959 326)
1960 78B-11-118, (Renumbered from 78-31a-118, as last amended by Laws of Utah 2005,
1961 Chapter 100)

1962 78B-11-119, (Renumbered from 78-31a-119, as enacted by Laws of Utah 2002, Chapter
1963 326)
1964 78B-11-120, (Renumbered from 78-31a-120, as enacted by Laws of Utah 2002, Chapter
1965 326)
1966 78B-11-121, (Renumbered from 78-31a-121, as last amended by Laws of Utah 2007,
1967 Chapter 306)
1968 78B-11-122, (Renumbered from 78-31a-122, as enacted by Laws of Utah 2002, Chapter
1969 326)
1970 78B-11-123, (Renumbered from 78-31a-123, as last amended by Laws of Utah 2005,
1971 Chapter 156)
1972 78B-11-124, (Renumbered from 78-31a-124, as enacted by Laws of Utah 2002, Chapter
1973 326)
1974 78B-11-125, (Renumbered from 78-31a-125, as enacted by Laws of Utah 2002, Chapter
1975 326)
1976 78B-11-126, (Renumbered from 78-31a-126, as enacted by Laws of Utah 2002, Chapter
1977 326)
1978 78B-11-127, (Renumbered from 78-31a-127, as enacted by Laws of Utah 2002, Chapter
1979 326)
1980 78B-11-128, (Renumbered from 78-31a-128, as enacted by Laws of Utah 2002, Chapter
1981 326)
1982 78B-11-129, (Renumbered from 78-31a-129, as enacted by Laws of Utah 2002, Chapter
1983 326)
1984 78B-11-130, (Renumbered from 78-31a-130, as enacted by Laws of Utah 2002, Chapter
1985 326)
1986 78B-11-131, (Renumbered from 78-31a-131, as enacted by Laws of Utah 2002, Chapter
1987 326)
1988 78B-12-101, (Renumbered from 78-45-1, as enacted by Laws of Utah 1957, Chapter
1989 110)

1990 78B-12-102, (Renumbered from 78-45-2, as last amended by Laws of Utah 2007,
1991 Chapter 354)
1992 78B-12-103, (Renumbered from 78-45-6, as enacted by Laws of Utah 1957, Chapter
1993 110)
1994 78B-12-104, (Renumbered from 78-45-8, as enacted by Laws of Utah 1957, Chapter
1995 110)
1996 78B-12-105, (Renumbered from 78-45-3, as last amended by Laws of Utah 2000,
1997 Chapter 161)
1998 78B-12-106, (Renumbered from 78-45-4.3, as last amended by Laws of Utah 2000,
1999 Chapter 161)
2000 78B-12-107, (Renumbered from 78-45-5, as enacted by Laws of Utah 1957, Chapter
2001 110)
2002 78B-12-108, (Renumbered from 78-45-4.4, as enacted by Laws of Utah 2000, Chapter
2003 161)
2004 78B-12-109, (Renumbered from 78-45-4.5, as enacted by Laws of Utah 2000, Chapter
2005 161)
2006 78B-12-110, (Renumbered from 78-45-10, as enacted by Laws of Utah 1957, Chapter
2007 110)
2008 78B-12-111, (Renumbered from 78-45-7.1, as last amended by Laws of Utah 1998,
2009 Chapter 188)
2010 78B-12-112, (Renumbered from 78-45-9.3, as last amended by Laws of Utah 2003,
2011 Chapter 176)
2012 78B-12-113, (Renumbered from 78-45-9, as last amended by Laws of Utah 2003,
2013 Chapter 176)
2014 78B-12-114, (Renumbered from 78-45-9.2, as enacted by Laws of Utah 1983, Chapter
2015 119)
2016 78B-12-115, (Renumbered from 78-45-11, as enacted by Laws of Utah 1957, Chapter
2017 110)

2018 78B-12-116, (Renumbered from 78-45-7.22, as enacted by Laws of Utah 1997, Chapter
2019 232)
2020 78B-12-117, (Renumbered from 78-45-12, as enacted by Laws of Utah 1957, Chapter
2021 110)
2022 78B-12-201, (Renumbered from 78-45-7.3, as last amended by Laws of Utah 2000,
2023 Chapter 161)
2024 78B-12-202, (Renumbered from 78-45-7, as last amended by Laws of Utah 1998,
2025 Chapter 53)
2026 78B-12-203, (Renumbered from 78-45-7.5, as last amended by Laws of Utah 2007,
2027 Chapters 306 and 354)
2028 78B-12-204, (Renumbered from 78-45-7.6, as enacted by Laws of Utah 1989, Chapter
2029 214)
2030 78B-12-205, (Renumbered from 78-45-7.7, as last amended by Laws of Utah 2007,
2031 Chapter 354)
2032 78B-12-206, (Renumbered from 78-45-7.12, as last amended by Laws of Utah 1994,
2033 Chapter 118)
2034 78B-12-207, (Renumbered from 78-45-7.4, as last amended by Laws of Utah 1994,
2035 Chapter 118)
2036 78B-12-208, (Renumbered from 78-45-7.9, as last amended by Laws of Utah 2000,
2037 Chapter 186)
2038 78B-12-209, (Renumbered from 78-45-7.8, as last amended by Laws of Utah 1994,
2039 Chapter 118)
2040 78B-12-210, (Renumbered from 78-45-7.2, as last amended by Laws of Utah 2007,
2041 Chapters 282 and 354)
2042 78B-12-211, (Renumbered from 78-45-7.18, as last amended by Laws of Utah 1994,
2043 Chapter 118)
2044 78B-12-212, (Renumbered from 78-45-7.15, as last amended by Laws of Utah 2007,
2045 Chapter 354)

2046 78B-12-213, (Renumbered from 78-45-7.19, as last amended by Laws of Utah 1994,
2047 Chapter 118)
2048 78B-12-214, (Renumbered from 78-45-7.16, as last amended by Laws of Utah 1994,
2049 Chapter 118)
2050 78B-12-215, (Renumbered from 78-45-7.17, as last amended by Laws of Utah 2001,
2051 Chapter 255)
2052 78B-12-216, (Renumbered from 78-45-7.11, as last amended by Laws of Utah 2003,
2053 Chapter 176)
2054 78B-12-217, (Renumbered from 78-45-7.21, as enacted by Laws of Utah 1994, Chapter
2055 118)
2056 78B-12-218, (Renumbered from 78-45-7.20, as enacted by Laws of Utah 1994, Chapter
2057 118)
2058 78B-12-219, (Renumbered from 78-45-7.10, as last amended by Laws of Utah 2007,
2059 Chapter 354)
2060 78B-12-301, (Renumbered from 78-45-7.14, as last amended by Laws of Utah 2007,
2061 Chapter 354)
2062 78B-12-401, (Renumbered from 78-45-7.13, as last amended by Laws of Utah 2003,
2063 Chapter 246)
2064 78B-13-101, (Renumbered from 78-45c-101, as enacted by Laws of Utah 2000, Chapter
2065 247)
2066 78B-13-102, (Renumbered from 78-45c-102, as last amended by Laws of Utah 2001,
2067 Chapter 255)
2068 78B-13-103, (Renumbered from 78-45c-103, as last amended by Laws of Utah 2007,
2069 Chapter 196)
2070 78B-13-104, (Renumbered from 78-45c-104, as enacted by Laws of Utah 2000, Chapter
2071 247)
2072 78B-13-105, (Renumbered from 78-45c-105, as enacted by Laws of Utah 2000, Chapter
2073 247)

2074 78B-13-106, (Renumbered from 78-45c-106, as enacted by Laws of Utah 2000, Chapter
2075 247)
2076 78B-13-107, (Renumbered from 78-45c-107, as enacted by Laws of Utah 2000, Chapter
2077 247)
2078 78B-13-108, (Renumbered from 78-45c-108, as enacted by Laws of Utah 2000, Chapter
2079 247)
2080 78B-13-109, (Renumbered from 78-45c-109, as enacted by Laws of Utah 2000, Chapter
2081 247)
2082 78B-13-110, (Renumbered from 78-45c-110, as enacted by Laws of Utah 2000, Chapter
2083 247)
2084 78B-13-111, (Renumbered from 78-45c-111, as enacted by Laws of Utah 2000, Chapter
2085 247)
2086 78B-13-112, (Renumbered from 78-45c-112, as enacted by Laws of Utah 2000, Chapter
2087 247)
2088 78B-13-201, (Renumbered from 78-45c-201, as enacted by Laws of Utah 2000, Chapter
2089 247)
2090 78B-13-202, (Renumbered from 78-45c-202, as enacted by Laws of Utah 2000, Chapter
2091 247)
2092 78B-13-203, (Renumbered from 78-45c-203, as enacted by Laws of Utah 2000, Chapter
2093 247)
2094 78B-13-204, (Renumbered from 78-45c-204, as enacted by Laws of Utah 2000, Chapter
2095 247)
2096 78B-13-205, (Renumbered from 78-45c-205, as enacted by Laws of Utah 2000, Chapter
2097 247)
2098 78B-13-206, (Renumbered from 78-45c-206, as enacted by Laws of Utah 2000, Chapter
2099 247)
2100 78B-13-207, (Renumbered from 78-45c-207, as enacted by Laws of Utah 2000, Chapter
2101 247)

2102 78B-13-208, (Renumbered from 78-45c-208, as enacted by Laws of Utah 2000, Chapter
2103 247)
2104 78B-13-209, (Renumbered from 78-45c-209, as last amended by Laws of Utah 2001,
2105 Chapter 255)
2106 78B-13-210, (Renumbered from 78-45c-210, as enacted by Laws of Utah 2000, Chapter
2107 247)
2108 78B-13-301, (Renumbered from 78-45c-301, as enacted by Laws of Utah 2000, Chapter
2109 247)
2110 78B-13-302, (Renumbered from 78-45c-302, as enacted by Laws of Utah 2000, Chapter
2111 247)
2112 78B-13-303, (Renumbered from 78-45c-303, as enacted by Laws of Utah 2000, Chapter
2113 247)
2114 78B-13-304, (Renumbered from 78-45c-304, as last amended by Laws of Utah 2001,
2115 Chapter 255)
2116 78B-13-305, (Renumbered from 78-45c-305, as last amended by Laws of Utah 2001,
2117 Chapter 255)
2118 78B-13-306, (Renumbered from 78-45c-306, as enacted by Laws of Utah 2000, Chapter
2119 247)
2120 78B-13-307, (Renumbered from 78-45c-307, as enacted by Laws of Utah 2000, Chapter
2121 247)
2122 78B-13-308, (Renumbered from 78-45c-308, as enacted by Laws of Utah 2000, Chapter
2123 247)
2124 78B-13-309, (Renumbered from 78-45c-309, as enacted by Laws of Utah 2000, Chapter
2125 247)
2126 78B-13-310, (Renumbered from 78-45c-310, as enacted by Laws of Utah 2000, Chapter
2127 247)
2128 78B-13-311, (Renumbered from 78-45c-311, as enacted by Laws of Utah 2000, Chapter
2129 247)

2130 78B-13-312, (Renumbered from 78-45c-312, as enacted by Laws of Utah 2000, Chapter
2131 247)
2132 78B-13-313, (Renumbered from 78-45c-313, as enacted by Laws of Utah 2000, Chapter
2133 247)
2134 78B-13-314, (Renumbered from 78-45c-314, as last amended by Laws of Utah 2004,
2135 Chapter 93)
2136 78B-13-315, (Renumbered from 78-45c-315, as enacted by Laws of Utah 2000, Chapter
2137 247)
2138 78B-13-316, (Renumbered from 78-45c-316, as enacted by Laws of Utah 2000, Chapter
2139 247)
2140 78B-13-317, (Renumbered from 78-45c-317, as enacted by Laws of Utah 2000, Chapter
2141 247)
2142 78B-13-318, (Renumbered from 78-45c-318, as enacted by Laws of Utah 2000, Chapter
2143 247)
2144 78B-14-101, (Renumbered from 78-45f-100, as renumbered and amended by Laws of
2145 Utah 1997, Chapter 232)
2146 78B-14-102, (Renumbered from 78-45f-101, as last amended by Laws of Utah 2004,
2147 Chapter 78)
2148 78B-14-103, (Renumbered from 78-45f-102, as renumbered and amended by Laws of
2149 Utah 1997, Chapter 232)
2150 78B-14-104, (Renumbered from 78-45f-103, as last amended by Laws of Utah 2004,
2151 Chapter 78)
2152 78B-14-201, (Renumbered from 78-45f-201, as last amended by Laws of Utah 2004,
2153 Chapter 78)
2154 78B-14-202, (Renumbered from 78-45f-202, as repealed and reenacted by Laws of
2155 Utah 2004, Chapter 78)
2156 78B-14-203, (Renumbered from 78-45f-203, as renumbered and amended by Laws of
2157 Utah 1997, Chapter 232)

2158 78B-14-204, (Renumbered from 78-45f-204, as renumbered and amended by Laws of
2159 Utah 1997, Chapter 232)
2160 78B-14-205, (Renumbered from 78-45f-205, as last amended by Laws of Utah 2004,
2161 Chapter 78)
2162 78B-14-206, (Renumbered from 78-45f-206, as last amended by Laws of Utah 2004,
2163 Chapter 78)
2164 78B-14-207, (Renumbered from 78-45f-207, as last amended by Laws of Utah 2004,
2165 Chapter 78)
2166 78B-14-208, (Renumbered from 78-45f-208, as last amended by Laws of Utah 2004,
2167 Chapter 78)
2168 78B-14-209, (Renumbered from 78-45f-209, as last amended by Laws of Utah 2004,
2169 Chapter 78)
2170 78B-14-210, (Renumbered from 78-45f-210, as enacted by Laws of Utah 2004, Chapter
2171 78)
2172 78B-14-211, (Renumbered from 78-45f-211, as enacted by Laws of Utah 2004, Chapter
2173 78)
2174 78B-14-301, (Renumbered from 78-45f-301, as last amended by Laws of Utah 2004,
2175 Chapter 78)
2176 78B-14-302, (Renumbered from 78-45f-302, as renumbered and amended by Laws of
2177 Utah 1997, Chapter 232)
2178 78B-14-303, (Renumbered from 78-45f-303, as last amended by Laws of Utah 2004,
2179 Chapter 78)
2180 78B-14-304, (Renumbered from 78-45f-304, as last amended by Laws of Utah 2004,
2181 Chapter 78)
2182 78B-14-305, (Renumbered from 78-45f-305, as last amended by Laws of Utah 2004,
2183 Chapter 78)
2184 78B-14-306, (Renumbered from 78-45f-306, as last amended by Laws of Utah 2004,
2185 Chapter 78)

2186 78B-14-307, (Renumbered from 78-45f-307, as last amended by Laws of Utah 2004,
2187 Chapter 78)
2188 78B-14-308, (Renumbered from 78-45f-308, as last amended by Laws of Utah 2004,
2189 Chapter 78)
2190 78B-14-309, (Renumbered from 78-45f-309, as renumbered and amended by Laws of
2191 Utah 1997, Chapter 232)
2192 78B-14-310, (Renumbered from 78-45f-310, as last amended by Laws of Utah 2004,
2193 Chapter 78)
2194 78B-14-311, (Renumbered from 78-45f-311, as last amended by Laws of Utah 2004,
2195 Chapter 78)
2196 78B-14-312, (Renumbered from 78-45f-312, as repealed and reenacted by Laws of
2197 Utah 2004, Chapter 78)
2198 78B-14-313, (Renumbered from 78-45f-313, as renumbered and amended by Laws of
2199 Utah 1997, Chapter 232)
2200 78B-14-314, (Renumbered from 78-45f-314, as last amended by Laws of Utah 2004,
2201 Chapter 78)
2202 78B-14-315, (Renumbered from 78-45f-315, as renumbered and amended by Laws of
2203 Utah 1997, Chapter 232)
2204 78B-14-316, (Renumbered from 78-45f-316, as last amended by Laws of Utah 2004,
2205 Chapter 78)
2206 78B-14-317, (Renumbered from 78-45f-317, as last amended by Laws of Utah 2004,
2207 Chapter 78)
2208 78B-14-318, (Renumbered from 78-45f-318, as renumbered and amended by Laws of
2209 Utah 1997, Chapter 232)
2210 78B-14-319, (Renumbered from 78-45f-319, as last amended by Laws of Utah 2004,
2211 Chapter 78)
2212 78B-14-401, (Renumbered from 78-45f-401, as last amended by Laws of Utah 2004,
2213 Chapter 78)

2214 78B-14-501, (Renumbered from 78-45f-501, as last amended by Laws of Utah 2004,
2215 Chapter 78)
2216 78B-14-502, (Renumbered from 78-45f-502, as last amended by Laws of Utah 2004,
2217 Chapter 78)
2218 78B-14-503, (Renumbered from 78-45f-503, as last amended by Laws of Utah 2004,
2219 Chapter 78)
2220 78B-14-504, (Renumbered from 78-45f-504, as enacted by Laws of Utah 1997, Chapter
2221 232)
2222 78B-14-505, (Renumbered from 78-45f-505, as enacted by Laws of Utah 1997, Chapter
2223 232)
2224 78B-14-506, (Renumbered from 78-45f-506, as last amended by Laws of Utah 2004,
2225 Chapter 78)
2226 78B-14-507, (Renumbered from 78-45f-507, as last amended by Laws of Utah 2004,
2227 Chapter 78)
2228 78B-14-601, (Renumbered from 78-45f-601, as last amended by Laws of Utah 2004,
2229 Chapter 78)
2230 78B-14-602, (Renumbered from 78-45f-602, as last amended by Laws of Utah 2004,
2231 Chapter 78)
2232 78B-14-603, (Renumbered from 78-45f-603, as renumbered and amended by Laws of
2233 Utah 1997, Chapter 232)
2234 78B-14-604, (Renumbered from 78-45f-604, as last amended by Laws of Utah 2004,
2235 Chapter 78)
2236 78B-14-605, (Renumbered from 78-45f-605, as last amended by Laws of Utah 2004,
2237 Chapter 78)
2238 78B-14-606, (Renumbered from 78-45f-606, as last amended by Laws of Utah 2000,
2239 Chapter 161)
2240 78B-14-607, (Renumbered from 78-45f-607, as last amended by Laws of Utah 2004,
2241 Chapter 78)

2242 78B-14-608, (Renumbered from 78-45f-608, as renumbered and amended by Laws of
2243 Utah 1997, Chapter 232)
2244 78B-14-609, (Renumbered from 78-45f-609, as renumbered and amended by Laws of
2245 Utah 1997, Chapter 232)
2246 78B-14-610, (Renumbered from 78-45f-610, as last amended by Laws of Utah 2004,
2247 Chapter 78)
2248 78B-14-611, (Renumbered from 78-45f-611, as last amended by Laws of Utah 2004,
2249 Chapter 78)
2250 78B-14-612, (Renumbered from 78-45f-612, as last amended by Laws of Utah 2004,
2251 Chapter 78)
2252 78B-14-613, (Renumbered from 78-45f-613, as enacted by Laws of Utah 1997, Chapter
2253 232)
2254 78B-14-614, (Renumbered from 78-45f-614, as enacted by Laws of Utah 1997, Chapter
2255 232)
2256 78B-14-615, (Renumbered from 78-45f-615, as enacted by Laws of Utah 2004, Chapter
2257 78)
2258 78B-14-701, (Renumbered from 78-45f-701, as last amended by Laws of Utah 2004,
2259 Chapter 78)
2260 78B-14-801, (Renumbered from 78-45f-801, as last amended by Laws of Utah 2004,
2261 Chapter 78)
2262 78B-14-802, (Renumbered from 78-45f-802, as last amended by Laws of Utah 2004,
2263 Chapter 78)
2264 78B-14-901, (Renumbered from 78-45f-901, as last amended by Laws of Utah 2004,
2265 Chapter 78)
2266 78B-15-101, (Renumbered from 78-45g-101, as enacted by Laws of Utah 2005,
2267 Chapter 150)
2268 78B-15-102, (Renumbered from 78-45g-102, as enacted by Laws of Utah 2005,
2269 Chapter 150)

2270 78B-15-103, (Renumbered from 78-45g-103, as enacted by Laws of Utah 2005,
2271 Chapter 150)
2272 78B-15-104, (Renumbered from 78-45g-104, as enacted by Laws of Utah 2005,
2273 Chapter 150)
2274 78B-15-105, (Renumbered from 78-45g-105, as enacted by Laws of Utah 2005,
2275 Chapter 150)
2276 78B-15-106, (Renumbered from 78-45g-106, as enacted by Laws of Utah 2005,
2277 Chapter 150)
2278 78B-15-107, (Renumbered from 78-45g-107, as enacted by Laws of Utah 2005,
2279 Chapter 150)
2280 78B-15-108, (Renumbered from 78-45g-108, as enacted by Laws of Utah 2005,
2281 Chapter 150)
2282 78B-15-109, (Renumbered from 78-45g-109, as enacted by Laws of Utah 2005,
2283 Chapter 150)
2284 78B-15-110, (Renumbered from 78-45g-110, as enacted by Laws of Utah 2005,
2285 Chapter 150)
2286 78B-15-111, (Renumbered from 78-45g-111, as enacted by Laws of Utah 2005,
2287 Chapter 150)
2288 78B-15-112, (Renumbered from 78-45g-112, as enacted by Laws of Utah 2005,
2289 Chapter 150)
2290 78B-15-113, (Renumbered from 78-45g-113, as enacted by Laws of Utah 2005,
2291 Chapter 150)
2292 78B-15-114, (Renumbered from 78-45g-114, as enacted by Laws of Utah 2005,
2293 Chapter 150)
2294 78B-15-115, (Renumbered from 78-45g-115, as enacted by Laws of Utah 2005,
2295 Chapter 150)
2296 78B-15-201, (Renumbered from 78-45g-201, as enacted by Laws of Utah 2005,
2297 Chapter 150)

2298 78B-15-202, (Renumbered from 78-45g-202, as enacted by Laws of Utah 2005,
2299 Chapter 150)
2300 78B-15-203, (Renumbered from 78-45g-203, as enacted by Laws of Utah 2005,
2301 Chapter 150)
2302 78B-15-204, (Renumbered from 78-45g-204, as enacted by Laws of Utah 2005,
2303 Chapter 150)
2304 78B-15-301, (Renumbered from 78-45g-301, as enacted by Laws of Utah 2005,
2305 Chapter 150)
2306 78B-15-302, (Renumbered from 78-45g-302, as enacted by Laws of Utah 2005,
2307 Chapter 150)
2308 78B-15-303, (Renumbered from 78-45g-303, as enacted by Laws of Utah 2005,
2309 Chapter 150)
2310 78B-15-304, (Renumbered from 78-45g-304, as enacted by Laws of Utah 2005,
2311 Chapter 150)
2312 78B-15-305, (Renumbered from 78-45g-305, as enacted by Laws of Utah 2005,
2313 Chapter 150)
2314 78B-15-306, (Renumbered from 78-45g-306, as last amended by Laws of Utah 2006,
2315 Chapter 186)
2316 78B-15-307, (Renumbered from 78-45g-307, as enacted by Laws of Utah 2005,
2317 Chapter 150)
2318 78B-15-308, (Renumbered from 78-45g-308, as enacted by Laws of Utah 2005,
2319 Chapter 150)
2320 78B-15-309, (Renumbered from 78-45g-309, as enacted by Laws of Utah 2005,
2321 Chapter 150)
2322 78B-15-310, (Renumbered from 78-45g-310, as enacted by Laws of Utah 2005,
2323 Chapter 150)
2324 78B-15-311, (Renumbered from 78-45g-311, as enacted by Laws of Utah 2005,
2325 Chapter 150)

2326 78B-15-312, (Renumbered from 78-45g-312, as enacted by Laws of Utah 2005,
2327 Chapter 150)
2328 78B-15-313, (Renumbered from 78-45g-313, as enacted by Laws of Utah 2005,
2329 Chapter 150)
2330 78B-15-401, (Renumbered from 78-45g-401, as enacted by Laws of Utah 2005,
2331 Chapter 150)
2332 78B-15-402, (Renumbered from 78-45g-402, as enacted by Laws of Utah 2005,
2333 Chapter 150)
2334 78B-15-403, (Renumbered from 78-45g-403, as enacted by Laws of Utah 2005,
2335 Chapter 150)
2336 78B-15-404, (Renumbered from 78-45g-404, as enacted by Laws of Utah 2005,
2337 Chapter 150)
2338 78B-15-405, (Renumbered from 78-45g-405, as enacted by Laws of Utah 2005,
2339 Chapter 150)
2340 78B-15-406, (Renumbered from 78-45g-406, as last amended by Laws of Utah 2007,
2341 Chapter 229)
2342 78B-15-407, (Renumbered from 78-45g-407, as enacted by Laws of Utah 2005,
2343 Chapter 150)
2344 78B-15-408, (Renumbered from 78-45g-408, as enacted by Laws of Utah 2005,
2345 Chapter 150)
2346 78B-15-409, (Renumbered from 78-45g-409, as enacted by Laws of Utah 2005,
2347 Chapter 150)
2348 78B-15-410, (Renumbered from 78-45g-410, as enacted by Laws of Utah 2005,
2349 Chapter 150)
2350 78B-15-501, (Renumbered from 78-45g-501, as enacted by Laws of Utah 2005,
2351 Chapter 150)
2352 78B-15-502, (Renumbered from 78-45g-502, as enacted by Laws of Utah 2005,
2353 Chapter 150)

2354 78B-15-503, (Renumbered from 78-45g-503, as enacted by Laws of Utah 2005,
2355 Chapter 150)
2356 78B-15-504, (Renumbered from 78-45g-504, as enacted by Laws of Utah 2005,
2357 Chapter 150)
2358 78B-15-505, (Renumbered from 78-45g-505, as enacted by Laws of Utah 2005,
2359 Chapter 150)
2360 78B-15-506, (Renumbered from 78-45g-506, as enacted by Laws of Utah 2005,
2361 Chapter 150)
2362 78B-15-507, (Renumbered from 78-45g-507, as enacted by Laws of Utah 2005,
2363 Chapter 150)
2364 78B-15-508, (Renumbered from 78-45g-508, as enacted by Laws of Utah 2005,
2365 Chapter 150)
2366 78B-15-509, (Renumbered from 78-45g-509, as enacted by Laws of Utah 2005,
2367 Chapter 150)
2368 78B-15-510, (Renumbered from 78-45g-510, as enacted by Laws of Utah 2005,
2369 Chapter 150)
2370 78B-15-511, (Renumbered from 78-45g-511, as enacted by Laws of Utah 2005,
2371 Chapter 150)
2372 78B-15-601, (Renumbered from 78-45g-601, as enacted by Laws of Utah 2005,
2373 Chapter 150)
2374 78B-15-602, (Renumbered from 78-45g-602, as enacted by Laws of Utah 2005,
2375 Chapter 150)
2376 78B-15-603, (Renumbered from 78-45g-603, as enacted by Laws of Utah 2005,
2377 Chapter 150)
2378 78B-15-604, (Renumbered from 78-45g-604, as enacted by Laws of Utah 2005,
2379 Chapter 150)
2380 78B-15-605, (Renumbered from 78-45g-605, as enacted by Laws of Utah 2005,
2381 Chapter 150)

2382 78B-15-606, (Renumbered from 78-45g-606, as enacted by Laws of Utah 2005,
2383 Chapter 150)
2384 78B-15-607, (Renumbered from 78-45g-607, as enacted by Laws of Utah 2005,
2385 Chapter 150)
2386 78B-15-608, (Renumbered from 78-45g-608, as enacted by Laws of Utah 2005,
2387 Chapter 150)
2388 78B-15-609, (Renumbered from 78-45g-609, as enacted by Laws of Utah 2005,
2389 Chapter 150)
2390 78B-15-610, (Renumbered from 78-45g-610, as enacted by Laws of Utah 2005,
2391 Chapter 150)
2392 78B-15-611, (Renumbered from 78-45g-611, as enacted by Laws of Utah 2005,
2393 Chapter 150)
2394 78B-15-612, (Renumbered from 78-45g-612, as enacted by Laws of Utah 2005,
2395 Chapter 150)
2396 78B-15-613, (Renumbered from 78-45g-613, as enacted by Laws of Utah 2005,
2397 Chapter 150)
2398 78B-15-614, (Renumbered from 78-45g-614, as enacted by Laws of Utah 2005,
2399 Chapter 150)
2400 78B-15-615, (Renumbered from 78-45g-615, as enacted by Laws of Utah 2005,
2401 Chapter 150)
2402 78B-15-616, (Renumbered from 78-45g-616, as enacted by Laws of Utah 2005,
2403 Chapter 150)
2404 78B-15-617, (Renumbered from 78-45g-617, as enacted by Laws of Utah 2005,
2405 Chapter 150)
2406 78B-15-618, (Renumbered from 78-45g-618, as enacted by Laws of Utah 2005,
2407 Chapter 150)
2408 78B-15-619, (Renumbered from 78-45g-619, as enacted by Laws of Utah 2005,
2409 Chapter 150)

2410 78B-15-620, (Renumbered from 78-45g-620, as enacted by Laws of Utah 2005,
2411 Chapter 150)
2412 78B-15-621, (Renumbered from 78-45g-621, as enacted by Laws of Utah 2005,
2413 Chapter 150)
2414 78B-15-622, (Renumbered from 78-45g-622, as enacted by Laws of Utah 2005,
2415 Chapter 150)
2416 78B-15-623, (Renumbered from 78-45g-623, as enacted by Laws of Utah 2005,
2417 Chapter 150)
2418 78B-15-701, (Renumbered from 78-45g-701, as enacted by Laws of Utah 2005,
2419 Chapter 150)
2420 78B-15-702, (Renumbered from 78-45g-702, as enacted by Laws of Utah 2005,
2421 Chapter 150)
2422 78B-15-703, (Renumbered from 78-45g-703, as enacted by Laws of Utah 2005,
2423 Chapter 150)
2424 78B-15-704, (Renumbered from 78-45g-704, as enacted by Laws of Utah 2005,
2425 Chapter 150)
2426 78B-15-705, (Renumbered from 78-45g-705, as enacted by Laws of Utah 2005,
2427 Chapter 150)
2428 78B-15-706, (Renumbered from 78-45g-706, as enacted by Laws of Utah 2005,
2429 Chapter 150)
2430 78B-15-707, (Renumbered from 78-45g-707, as enacted by Laws of Utah 2005,
2431 Chapter 150)
2432 78B-15-801, (Renumbered from 78-45g-801, as enacted by Laws of Utah 2005,
2433 Chapter 150)
2434 78B-15-802, (Renumbered from 78-45g-802, as enacted by Laws of Utah 2005,
2435 Chapter 150)
2436 78B-15-803, (Renumbered from 78-45g-803, as enacted by Laws of Utah 2005,
2437 Chapter 150)

2438 78B-15-804, (Renumbered from 78-45g-804, as enacted by Laws of Utah 2005,
2439 Chapter 150)
2440 78B-15-805, (Renumbered from 78-45g-805, as enacted by Laws of Utah 2005,
2441 Chapter 150)
2442 78B-15-806, (Renumbered from 78-45g-806, as enacted by Laws of Utah 2005,
2443 Chapter 150)
2444 78B-15-807, (Renumbered from 78-45g-807, as enacted by Laws of Utah 2005,
2445 Chapter 150)
2446 78B-15-808, (Renumbered from 78-45g-808, as enacted by Laws of Utah 2005,
2447 Chapter 150)
2448 78B-15-809, (Renumbered from 78-45g-809, as enacted by Laws of Utah 2005,
2449 Chapter 150)
2450 78B-15-901, (Renumbered from 78-45g-901, as enacted by Laws of Utah 2005,
2451 Chapter 150)
2452 78B-15-902, (Renumbered from 78-45g-902, as enacted by Laws of Utah 2005,
2453 Chapter 150)
2454 78B-16-101, (Renumbered from 78-62-101, as enacted by Laws of Utah 2007, Chapter
2455 265)
2456 78B-16-102, (Renumbered from 78-62-102, as enacted by Laws of Utah 2007, Chapter
2457 265)
2458 78B-16-103, (Renumbered from 78-62-103, as enacted by Laws of Utah 2007, Chapter
2459 265)
2460 78B-16-104, (Renumbered from 78-62-104, as enacted by Laws of Utah 2007, Chapter
2461 265)
2462 78B-16-105, (Renumbered from 78-62-105, as enacted by Laws of Utah 2007, Chapter
2463 265)
2464 78B-16-106, (Renumbered from 78-62-106, as enacted by Laws of Utah 2007, Chapter
2465 265)

2466 78B-16-107, (Renumbered from 78-62-107, as enacted by Laws of Utah 2007, Chapter
2467 265)
2468 78B-16-108, (Renumbered from 78-62-108, as enacted by Laws of Utah 2007, Chapter
2469 265)
2470 78B-16-109, (Renumbered from 78-62-109, as enacted by Laws of Utah 2007, Chapter
2471 265)
2472 78B-16-110, (Renumbered from 78-62-110, as enacted by Laws of Utah 2007, Chapter
2473 265)
2474 78B-16-111, (Renumbered from 78-62-111, as enacted by Laws of Utah 2007, Chapter
2475 265)
2476 78B-16-112, (Renumbered from 78-62-112, as enacted by Laws of Utah 2007, Chapter
2477 265)
2478 REPEALS:
2479 20A-12-102, as last amended by Laws of Utah 1999, Chapter 270
2480 20A-12-103, as last amended by Laws of Utah 1999, Chapter 270
2481 30-6a-110, as enacted by Laws of Utah 2006, Chapter 157
2482 78-3-17.5, as enacted by Laws of Utah 1988, Chapter 152
2483 78-3g-103, as last amended by Laws of Utah 2005, Chapter 83
2484 78-7-4, Utah Code Annotated 1953
2485 78-7-18, as last amended by Laws of Utah 1995, Chapter 20
2486 78-7-20, as last amended by Laws of Utah 1995, Chapter 20
2487 78-8-107, as last amended by Laws of Utah 2006, Chapter 34
2488 78-11-1, Utah Code Annotated 1953
2489 78-11-2, Utah Code Annotated 1953
2490 78-11-3, Utah Code Annotated 1953
2491 78-11-4, as last amended by Laws of Utah 1977, Chapter 141
2492 78-11-5, as last amended by Laws of Utah 1977, Chapter 141
2493 78-11-10, Utah Code Annotated 1953

2494 78-11-11, Utah Code Annotated 1953
2495 78-11-13, as enacted by Laws of Utah 1953, Chapter 30
2496 78-11-14, as last amended by Laws of Utah 1981, Chapter 93
2497 78-11-15, as last amended by Laws of Utah 1992, Chapter 30
2498 78-11-16, as last amended by Laws of Utah 1991, Chapter 6
2499 78-11-17, as enacted by Laws of Utah 1975, Chapter 136
2500 78-11-18, as last amended by Laws of Utah 1981, Chapter 93
2501 78-11-19, as repealed and reenacted by Laws of Utah 1991, Chapter 6
2502 78-11-23, as last amended by Laws of Utah 2001, Chapter 73
2503 78-11-24, as enacted by Laws of Utah 1983, Chapter 167
2504 78-11-25, as enacted by Laws of Utah 1983, Chapter 167
2505 78-12-46, Utah Code Annotated 1953
2506 78-14-11, as enacted by Laws of Utah 1976, Chapter 23
2507 78-25-14, Utah Code Annotated 1953
2508 78-27-3, Utah Code Annotated 1953
2509 78-30-1.1, as last amended by Laws of Utah 2006, Chapter 186
2510 78-30-3.5, as last amended by Laws of Utah 2007, Chapter 152
2511 78-30-4.12, as last amended by Laws of Utah 2006, Chapter 186
2512 78-30-4.14, as last amended by Laws of Utah 2007, Chapter 196
2513 78-30-6, as last amended by Laws of Utah 1990, Chapter 65
2514 78-30-14.5, as enacted by Laws of Utah 1990, Chapter 245
2515 78-30-16, as last amended by Laws of Utah 1990, Chapter 65
2516 78-32-14, Utah Code Annotated 1953
2517 78-32-15, Utah Code Annotated 1953
2518 78-32-16, Utah Code Annotated 1953
2519 78-33-13, Utah Code Annotated 1953
2520 78-36-1, Utah Code Annotated 1953
2521 78-36-2, Utah Code Annotated 1953

2522 78-38-4.5, as last amended by Laws of Utah 1987, Chapter 212
2523 78-38-6, as enacted by Laws of Utah 1981, Chapter 190
2524 78-38-8, as enacted by Laws of Utah 1981, Chapter 154
2525 78-39-1, Utah Code Annotated 1953
2526 78-39-11, as last amended by Laws of Utah 1995, Chapter 20
2527 78-40-1, Utah Code Annotated 1953
2528 78-40-2, Utah Code Annotated 1953
2529 78-40-2.5, as enacted by Laws of Utah 2004, Chapter 366
2530 78-40-11, Utah Code Annotated 1953
2531 78-43-7, Utah Code Annotated 1953
2532 78-43-8, Utah Code Annotated 1953
2533 78-45-4, as last amended by Laws of Utah 2000, Chapter 161
2534 78-45-4.2, as last amended by Laws of Utah 2000, Chapter 161
2535 78-45-13, as enacted by Laws of Utah 1957, Chapter 110
2536 78-46-3, as last amended by Laws of Utah 1992, Chapter 219
2537 78-46-8, as last amended by Laws of Utah 1992, Chapter 219
2538 78-46-36, as renumbered and amended by Laws of Utah 2001, Chapter 46
2539
2540 Be it enacted by the Legislature of the state of Utah:
2541 Section 1. Section 7-1-301 is amended to read:
2542 7-1-301. Powers and duties of commissioner -- Rulemaking.
2543 Without limiting the other powers, duties, and responsibilities specified in this title, the
2544 commissioner has all the functions, powers, duties, and responsibilities with respect to
2545 institutions, persons, or businesses subject to the jurisdiction of the department contained in
2546 this title, including all of the functions, powers, duties, and responsibilities described in
2547 Subsections (1) through (15).
2548 (1) The commissioner may govern the administration and operation of the department.
2549 (2) The commissioner may supervise the conduct, operation, management,

2550 examination, and statements and reports of examinations of financial institutions and other
2551 persons subject to the jurisdiction of the department.
2552 (3) (a) The commissioner may authorize a state chartered depository institution to
2553 engage in any activity it could engage in, and to grant to that institution all additional rights,
2554 powers, privileges, benefits, or immunities it would possess, if it were chartered under the laws
2555 of the United States.
2556 (b) The commissioner may authorize a depository institution chartered by this state to
2557 engage in any activity that a Utah branch of an out-of-state depository institution of the same
2558 class can engage in, and to grant to the Utah institution all additional rights, powers, privileges,
2559 benefits, or immunities it needs to engage in the activity.
2560 (c) In granting authority under this Subsection (3), the commissioner shall consider:
2561 (i) the need for competitive equality between institutions chartered by this state and
2562 institutions operating in this state that are chartered by another state or by the federal
2563 government; and
2564 (ii) the adverse effect on shareholders, members, depositors, and other customers of
2565 financial institutions chartered by this state if equal power and protection of those institutions,
2566 compared with federally chartered or out-of-state institutions of the same class, are not
2567 promptly available.
2568 (4) The commissioner may safeguard the interest of shareholders, members, depositors,
2569 and other customers of institutions and other persons subject to the jurisdiction of the
2570 department.
2571 (5) (a) The commissioner may establish criteria consistent with this title to be applied
2572 in granting applications for approval of:
2573 (i) a new institution;
2574 (ii) a new branch;
2575 (iii) the relocation of an office or branch;
2576 (iv) a merger;
2577 (v) a consolidation;

2578 (vi) a change in control of an institution or other person subject to the jurisdiction of
2579 the department; and
2580 (vii) other applications specified in this title.
2581 (b) The criteria established under Subsection (5)(a) may not be applied to make it more
2582 difficult for a state chartered institution to obtain approval of an application than for a federally
2583 chartered institution in the same class to obtain approval from the appropriate federal
2584 regulatory agency or administrator.
2585 (6) (a) The commissioner may protect the privacy of the records of any institution
2586 subject to the jurisdiction of the department pertaining to a particular depositor or other
2587 customer of the institution. Rules adopted under this Subsection (6) shall be consistent with
2588 federal laws and regulations applicable to the institution.
2589 (b) Any institution that consents to produce records or that is required to produce
2590 records in compliance with a subpoena or other order of a court of competent jurisdiction or in
2591 compliance with an order obtained pursuant to Sections [ 78-27-45 ] 7-1-1001 through
2592 [ 78-27-50.5 ] 7-1-1007 shall be reimbursed for the cost of retrieval and reproduction of the
2593 records by the party seeking the information. The commissioner may by rule establish the rates
2594 and conditions under which reimbursement is made.
2595 (7) (a) The commissioner may classify all records kept by institutions subject to the
2596 jurisdiction of the department and to prescribe the period for which each class of records is
2597 retained.
2598 (b) Rules adopted under this Subsection (7) for any class of financial institution shall
2599 be consistent with federal laws and regulations applicable to the class.
2600 (c) Rules made under this Subsection (7) shall provide that:
2601 (i) An institution may dispose of any record after retaining it for the period prescribed
2602 by the commissioner for retention of records of its class. If an institution disposes of a record
2603 after the prescribed period, the institution has no duty to produce it in any action or proceeding
2604 and is not liable to any person by reason of that disposition.
2605 (ii) Any institution may keep records in its custody in the form of microfilm or

2606 equivalent reproduction. Any such reproduction shall have the same force and effect as the
2607 original and shall be admissible into evidence as if it were the original.
2608 (d) In adopting rules under this Subsection (7), the commissioner shall take into
2609 consideration:
2610 (i) actions at law and administrative proceedings in which the production of the records
2611 might be necessary or desirable;
2612 (ii) state and federal statutes of limitation applicable to the actions or proceedings;
2613 (iii) the availability from other sources of information contained in these records; and
2614 (iv) other matters the commissioner considers pertinent in formulating rules that
2615 require institutions to retain their records for as short a period as commensurate with the
2616 interest in having the records available of:
2617 (A) customers, members, depositors, and shareholders of the institutions; and
2618 (B) the people of this state.
2619 (8) (a) The commissioner may establish reasonable classes of depository and other
2620 financial institutions including separate classes for:
2621 (i) savings and loan associations and related institutions;
2622 (ii) banks and related institutions;
2623 (iii) credit unions; and
2624 (iv) industrial banks.
2625 (b) If the restrictions or requirements the commissioner imposes are not more stringent
2626 than those applicable under federal law or regulation to federally chartered institutions of the
2627 same class, the commissioner may establish the following for each class in a manner consistent
2628 with this title:
2629 (i) eligible classes and types of investments for the deposits and other funds of those
2630 financial institutions;
2631 (ii) minimum standards, in amounts sufficient to protect depositors and other creditors,
2632 for the amount and types of capital required to engage in the business conducted by each class
2633 or to obtain a license or to establish a branch or additional office of an institution of each class;

2634 (iii) eligible obligations, reserves, and other accounts to be included in the computation
2635 of capital;
2636 (iv) minimum liquidity requirements for financial institutions within each class in
2637 amounts sufficient to meet the demands of depositors and other creditors for liquid funds;
2638 (v) limitations on the amount and type of borrowings by each class of financial
2639 institution in relation to the amount of its capital and the character and condition of its assets
2640 and its deposits and other liabilities;
2641 (vi) limitations on the amount and nature of loans and extensions of credit to any
2642 person or related persons by each class of financial institution in relation to the amount of its
2643 capital; and
2644 (vii) limitations on the amount and nature of loans and extensions of credit by a
2645 financial institution or other person within each class to an executive officer, director, or
2646 principal shareholder of:
2647 (A) the institution or other person;
2648 (B) any company of which the institution or other person is a subsidiary;
2649 (C) any subsidiary of the institution or other person;
2650 (D) any affiliate of the institution; and
2651 (E) a company controlled by an executive officer, director, or principal shareholder of
2652 the institution.
2653 (9) The commissioner may define unfair trade practices of financial institutions and
2654 other persons subject to the jurisdiction of the department and to prohibit or restrict these
2655 practices.
2656 (10) The commissioner may establish reasonable standards to promote the fair and
2657 truthful advertising of:
2658 (a) services offered by a financial institution;
2659 (b) the charges for the services advertised under Subsection (10)(a);
2660 (c) the interest or other compensation to be paid on deposits or any debt instrument
2661 offered for sale by the institution;

2662 (d) the nature and extent of any:
2663 (i) insurance on deposits;
2664 (ii) savings accounts;
2665 (iii) share accounts;
2666 (iv) certificates of deposit;
2667 (v) time deposit accounts;
2668 (vi) NOW accounts;
2669 (vii) share draft accounts;
2670 (viii) transaction accounts; or
2671 (ix) any evidence of indebtedness issued, offered for sale, offered to sell or sold by any
2672 financial institution or other person subject to the jurisdiction of the department; and
2673 (e) the safety or financial soundness of any financial institution or other person subject
2674 to the jurisdiction of the department.
2675 (11) The commissioner may define what constitutes an impairment of capital for each
2676 class of financial institution or other person subject to the jurisdiction of the department.
2677 (12) The commissioner may designate days on which depository institutions are closed
2678 in accordance with Section 7-1-808 .
2679 (13) The commissioner may regulate the issuance, advertising, offer for sale, and sale
2680 of a security to the extent authorized by Section 7-1-503 .
2681 (14) The commissioner may require the officers of any institution or other person
2682 subject to the commissioner's jurisdiction to open and keep a standard set of books, computer
2683 records, or both for the purpose of keeping accurate and convenient records of the transactions
2684 and accounts of the institution in a manner to enable the commissioner, supervisors, and
2685 department examiners to readily ascertain the institution's true condition. These requirements
2686 shall be consistent with generally accepted accounting principles for financial institutions.
2687 (15) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
2688 the commissioner may adopt and issue rules consistent with the purposes and provisions of this
2689 title, and may revise, amend, or repeal the rules adopted.

2690 Section 2. Section 7-1-1001 , which is renumbered from Section 78-27-45 is
2691 renumbered and amended to read:
2692 Part 10. Financial Information Privacy
2693 [78-27-45]. 7-1-1001. Written consent or court order for disclosure by financial
2694 institution -- Exception.
2695 (1) As used in [Sections 78-27-45 through 78-27-50.5 ] this part:
2696 [(a) "Financial institution" means:]
2697 [(i) a financial institution as defined in Section 7-1-103 ; or]
2698 [(ii) a depository institution as defined in Section 7-1-103 .]
2699 [(b)] (a) "Governmental entity" means:
2700 (i) the state, including all departments, institutions, boards, divisions, bureaus, offices,
2701 commissions, committees, and elected officials; and
2702 (ii) any political subdivision of the state, including any county, city, town, school
2703 district, public transit district, redevelopment agency, special improvement, or taxing district.
2704 [(c)] (b) "Nonprotected record" means a record maintained by the financial institution
2705 to facilitate the conduct of its business regarding a person or account, including:
2706 (i) the existence of an account;
2707 (ii) the opening and closing dates of an account;
2708 (iii) the name under which an account is held; and
2709 (iv) the name, address, and telephone number of an account holder.
2710 [(d)] (c) "Protected record" means a record not defined as a nonprotected record; and
2711 [(e)] (d) "Record" means information that is:
2712 (i) prepared, owned, received, or retained by a financial institution;
2713 (ii) (A) inscribed on a tangible medium; or
2714 (B) stored in an electronic or other medium; and
2715 (iii) retrievable in perceivable form.
2716 (2) Except as provided in Section [ 78-27-50 ] 7-1-1006 , an individual acting in behalf
2717 of a governmental entity may not request, obtain by subpoena, or otherwise obtain information

2718 from a state or federally chartered financial institution that constitutes a record reflecting the
2719 financial condition of any person without first obtaining:
2720 (a) written permission from the person that is named or referenced in the record to be
2721 examined; or
2722 (b) an order from a court of competent jurisdiction permitting access to the record.
2723 (3) This section does not apply to:
2724 (a) a review made by the commissioner of financial institutions to determine whether a
2725 financial institution is operating in accordance with law; or
2726 (b) a report filed as required by Section 76-10-1906 .
2727 Section 3. Section 7-1-1002 , which is renumbered from Section 78-27-46 is
2728 renumbered and amended to read:
2729 [78-27-46]. 7-1-1002. Notice to person about whom information sought.
2730 (1) (a) If a court order is obtained pursuant to Section [ 78-27-45 ] 7-1-1001 , the
2731 governmental entity that obtained the order shall notify the person about whom information is
2732 sought that a court order has been obtained:
2733 (i) within three days of the day on which service of the order is made upon the financial
2734 institution; and
2735 (ii) no later than seven days before the day fixed in the order as the day upon which the
2736 records are to be produced or examined.
2737 (b) The notice required by Subsection (1)(a) shall be accompanied by:
2738 (i) a copy of the order that has been served upon the financial institution;
2739 (ii) a copy of the motion or application upon which the order is based; and
2740 (iii) a statement setting forth the rights of the person under Section [ 78-27-47 ]
2741 7-1-1003 .
2742 (2) (a) The notice shall be sufficient if, on or before the third day after issuance of the
2743 order, notice is:
2744 (i) served in the manner provided in Rule 4[(e)] (d), Utah Rules of Civil Procedure,
2745 upon the person entitled to notice; or

2746 (ii) mailed by certified or registered mail to the last-known address of the person
2747 entitled to notice.
2748 (b) Notwithstanding Subsection (2)(a), if the person entitled to notice is deceased or
2749 under legal disability, notice shall be served upon or mailed to the last-known address of that
2750 person's executor, administrator, guardian, or other fiduciary.
2751 Section 4. Section 7-1-1003 , which is renumbered from Section 78-27-47 is
2752 renumbered and amended to read:
2753 [78-27-47]. 7-1-1003. Intervention to challenge or stay order -- Burden on
2754 governmental entity.
2755 (1) Notwithstanding any other law or rule of law, any person who is entitled to notice
2756 of a court order under Section [ 78-27-46 ] 7-1-1002 shall have the right to intervene in any
2757 proceeding with respect to enforcement of the order to:
2758 (a) challenge the issuance of the order; or
2759 (b) stay compliance with the order.
2760 (2) Upon intervention, the burden shall be on the governmental entity obtaining the
2761 order to show that there is reasonable cause for the issuance of the order.
2762 Section 5. Section 7-1-1004 , which is renumbered from Section 78-27-48 is
2763 renumbered and amended to read:
2764 [78-27-48]. 7-1-1004. Reimbursement of financial institution for costs of
2765 obtaining information.
2766 (1) A financial institution shall be entitled to reimbursement by the governmental entity
2767 seeking the information, for costs reasonably and directly incurred in searching for,
2768 reproducing, or transporting books, papers, records, or other data required to be produced if the
2769 financial institution produces the record:
2770 (a) pursuant to permission by the person named or referenced in the record in
2771 accordance with Section [ 78-27-45 ] 7-1-1001 ;
2772 (b) in compliance with an order obtained under [Section 78-27-45 through 78-27-50.5 ]
2773 this part; or

2774 (c) in compliance with an order of a court or administrative body of competent
2775 jurisdiction.
2776 (2) The commissioner of financial institutions shall by rule establish the rates and
2777 conditions under which reimbursement shall be made.
2778 Section 6. Section 7-1-1005 , which is renumbered from Section 78-27-49 is
2779 renumbered and amended to read:
2780 [78-27-49]. 7-1-1005. Admissibility of information restricted.
2781 (1) Information obtained directly or indirectly from a financial institution in violation
2782 of Sections [ 78-27-45 ] 7-1-1001 through [ 78-27-47 ] 7-1-1003 may not be admissible in any
2783 court of this state against the person entitled to notice.
2784 (2) This section does not apply in any action:
2785 (a) between the financial institution and the person otherwise entitled to notice; or
2786 (b) in which it is claimed that the financial institution has been the victim of fraud,
2787 embezzlement or any other criminal act committed by the person otherwise entitled to notice.
2788 Section 7. Section 7-1-1006 , which is renumbered from Section 78-27-50 is
2789 renumbered and amended to read:
2790 [78-27-50]. 7-1-1006. Inapplicable to certain official investigations.
2791 (1) Sections [ 78-27-45 ] 7-1-1001 through [ 78-27-47 ] 7-1-1003 do not apply when an
2792 examination of records is a part of an official investigation by:
2793 (a) local police;
2794 (b) a sheriff;
2795 (c) a peace officer;
2796 (d) a city attorney;
2797 (e) a county attorney;
2798 (f) a district attorney;
2799 (g) the attorney general;
2800 (h) the Department of Public Safety;
2801 (i) the Office of Recovery Services of the Department of Human Services;

2802 (j) the Insurance Department;
2803 (k) the Department of Commerce;
2804 (l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the
2805 Department of Workforce Services;
2806 (m) the state auditor; or
2807 (n) the State Tax Commission.
2808 (2) Except for the Office of Recovery Services, if a governmental entity listed in
2809 Subsection (1) seeks a record, the entity shall obtain the record as follows:
2810 (a) if the record is a nonprotected record, by request in writing that:
2811 (i) certifies that an official investigation is being conducted; and
2812 (ii) is signed by a representative of the governmental entity that is conducting the
2813 official investigation; or
2814 (b) if the record is a protected record, by obtaining:
2815 (i) a subpoena authorized by statute; or
2816 (ii) other legal process:
2817 (A) ordered by a court of competent jurisdiction; and
2818 (B) served upon the financial institution.
2819 (3) If the Office of Recovery Services seeks a record, it shall obtain the record pursuant
2820 to:
2821 (a) Subsection 62A-11-104 (7);
2822 (b) Section 62A-11-304.1 ;
2823 (c) Section 62A-11-304.5 ; or
2824 (d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
2825 (4) A financial institution may not give notice to any person named or referenced
2826 within the record disclosed pursuant to Subsection (2)(a).
2827 (5) In accordance with Section [ 78-27-48 ] 7-1-1004 , the agency conducting the official
2828 investigation that obtains a record from a financial institution under this section shall reimburse
2829 the financial institution for costs reasonably and directly incurred by the financial institution.

2830 Section 8. Section 7-1-1007 , which is renumbered from Section 78-27-50.5 is
2831 renumbered and amended to read:
2832 [78-27-50.5]. 7-1-1007. Liability of financial institutions.
2833 A financial institution is not liable to any person named or referenced within a record:
2834 (1) for any disclosure that is the result of a subpoena, order, or request made pursuant
2835 to Sections [ 78-27-45 ] 7-1-1001 through [ 78-27-50 ] 7-1-1006 if the financial institution
2836 reasonably believes that the subpoena, order, or request is properly made under Sections
2837 [ 78-27-45 ] 7-1-1001 through [ 78-27-50 ] 7-1-1006 ; or
2838 (2) for any disclosure or action taken in good faith pursuant to a data match or
2839 administrative subpoena provided for by the statutes listed in Subsection [ 78-27-50 ]
2840 7-1-1006 (3).
2841 Section 9. Section 10-8-2 is amended to read:
2842 10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
2843 authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
2844 (1) (a) A municipal legislative body may:
2845 (i) appropriate money for corporate purposes only;
2846 (ii) provide for payment of debts and expenses of the corporation;
2847 (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
2848 dispose of real and personal property for the benefit of the municipality, whether the property is
2849 within or without the municipality's corporate boundaries, if the action is in the public interest
2850 and complies with other law;
2851 (iv) improve, protect, and do any other thing in relation to this property that an
2852 individual could do; and
2853 (v) subject to Subsection (2) and after first holding a public hearing, authorize
2854 municipal services or other nonmonetary assistance to be provided to or waive fees required to
2855 be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
2856 (b) A municipality may:
2857 (i) furnish all necessary local public services within the municipality;

2858 (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
2859 located and operating within and operated by the municipality; and
2860 (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
2861 located inside or outside the corporate limits of the municipality and necessary for any of the
2862 purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title [78]
2863 78B, Chapter [34] 6, Part 5, Eminent Domain, and general law for the protection of other
2864 communities.
2865 (c) Each municipality that intends to acquire property by eminent domain under
2866 Subsection (1)(b) shall, upon the first contact with the owner of the property sought to be
2867 acquired, deliver to the owner a copy of a booklet or other materials provided by the Office of
2868 the Property Rights Ombudsman, created under Section 13-43-201 , dealing with the property
2869 owner's rights in an eminent domain proceeding.
2870 (d) Subsection (1)(b) may not be construed to diminish any other authority a
2871 municipality may claim to have under the law to acquire by eminent domain property located
2872 inside or outside the municipality.
2873 (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
2874 the provisions of Subsection (3).
2875 (b) The total amount of services or other nonmonetary assistance provided or fees
2876 waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
2877 municipality's budget for that fiscal year.
2878 (3) It is considered a corporate purpose to appropriate money for any purpose that, in
2879 the judgment of the municipal legislative body, provides for the safety, health, prosperity,
2880 moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
2881 subject to the following:
2882 (a) The net value received for any money appropriated shall be measured on a
2883 project-by-project basis over the life of the project.
2884 (b) The criteria for a determination under this Subsection (3) shall be established by the
2885 municipality's legislative body. A determination of value received, made by the municipality's

2886 legislative body, shall be presumed valid unless it can be shown that the determination was
2887 arbitrary, capricious, or illegal.
2888 (c) The municipality may consider intangible benefits received by the municipality in
2889 determining net value received.
2890 (d) Prior to the municipal legislative body making any decision to appropriate any
2891 funds for a corporate purpose under this section, a public hearing shall be held. Notice of the
2892 hearing shall be published in a newspaper of general circulation at least 14 days prior to the
2893 date of the hearing, or, if there is no newspaper of general circulation, by posting notice in at
2894 least three conspicuous places within the municipality for the same time period.
2895 (e) A study shall be performed before notice of the public hearing is given and shall be
2896 made available at the municipality for review by interested parties at least 14 days immediately
2897 prior to the public hearing, setting forth an analysis and demonstrating the purpose for the
2898 appropriation. In making the study, the following factors shall be considered:
2899 (i) what identified benefit the municipality will receive in return for any money or
2900 resources appropriated;
2901 (ii) the municipality's purpose for the appropriation, including an analysis of the way
2902 the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
2903 peace, order, comfort, or convenience of the inhabitants of the municipality; and
2904 (iii) whether the appropriation is necessary and appropriate to accomplish the
2905 reasonable goals and objectives of the municipality in the area of economic development, job
2906 creation, affordable housing, blight elimination, job preservation, the preservation of historic
2907 structures and property, and any other public purpose.
2908 (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
2909 to make an appropriation.
2910 (ii) The appeal shall be filed within 30 days after the date of that decision, to the
2911 district court.
2912 (iii) Any appeal shall be based on the record of the proceedings before the legislative
2913 body.

2914 (iv) A decision of the municipal legislative body shall be presumed to be valid unless
2915 the appealing party shows that the decision was arbitrary, capricious, or illegal.
2916 (g) The provisions of this Subsection (3) apply only to those appropriations made after
2917 May 6, 2002.
2918 (h) This section applies only to appropriations not otherwise approved pursuant to Title
2919 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
2920 Fiscal Procedures Act for Utah Cities.
2921 (4) (a) Before a municipality may dispose of a significant parcel of real property, the
2922 municipality shall:
2923 (i) provide reasonable notice of the proposed disposition at least 14 days before the
2924 opportunity for public comment under Subsection (4)(a)(ii); and
2925 (ii) allow an opportunity for public comment on the proposed disposition.
2926 (b) Each municipality shall, by ordinance, define what constitutes:
2927 (i) a significant parcel of real property for purposes of Subsection (4)(a); and
2928 (ii) reasonable notice for purposes of Subsection (4)(a)(i).
2929 (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
2930 real property for the purpose of expanding the municipality's infrastructure or other facilities
2931 used for providing services that the municipality offers or intends to offer shall provide written
2932 notice, as provided in this Subsection (5), of its intent to acquire the property if:
2933 (i) the property is located:
2934 (A) outside the boundaries of the municipality; and
2935 (B) in a county of the first or second class; and
2936 (ii) the intended use of the property is contrary to:
2937 (A) the anticipated use of the property under the general plan of the county in whose
2938 unincorporated area or the municipality in whose boundaries the property is located; or
2939 (B) the property's current zoning designation.
2940 (b) Each notice under Subsection (5)(a) shall:
2941 (i) indicate that the municipality intends to acquire real property;

2942 (ii) identify the real property; and
2943 (iii) be sent to:
2944 (A) each county in whose unincorporated area and each municipality in whose
2945 boundaries the property is located; and
2946 (B) each affected entity.
2947 (c) A notice under this Subsection (5) is a protected record as provided in Subsection
2948 63-2-304 (7).
2949 (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
2950 previously provided notice under Section 10-9a-203 identifying the general location within the
2951 municipality or unincorporated part of the county where the property to be acquired is located.
2952 (ii) If a municipality is not required to comply with the notice requirement of
2953 Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
2954 the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
2955 property.
2956 Section 10. Section 11-13-313 is amended to read:
2957 11-13-313. Arbitration of disputes.
2958 Any impact alleviation contract may provide that disputes between the parties will be
2959 submitted to arbitration pursuant to Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration
2960 Act.
2961 Section 11. Section 11-13-314 is amended to read:
2962 11-13-314. Eminent domain authority of certain commercial project entities.
2963 (1) (a) Subject to Subsection (2), a commercial project entity that existed as a project
2964 entity before January 1, 1980 may, with respect to a project or facilities providing additional
2965 project capacity in which the commercial project entity has an interest, acquire property within
2966 the state through eminent domain, subject to restrictions imposed by Title [78] 78B, Chapter
2967 [34] 6, Part 5, Eminent Domain, and general law for the protection of other communities.
2968 (b) Subsection (1)(a) may not be construed to:
2969 (i) give a project entity the authority to acquire water rights by eminent domain; or

2970 (ii) diminish any other authority a project entity may claim to have under the law to
2971 acquire property by eminent domain.
2972 (2) Each project entity that intends to acquire property by eminent domain under
2973 Subsection (1)(a) shall, upon the first contact with the owner of the property sought to be
2974 acquired, deliver to the owner a copy of a booklet or other materials provided by the property
2975 rights ombudsman, created under Section 13-43-201 , dealing with the property owner's rights
2976 in an eminent domain proceeding.
2977 Section 12. Section 11-36-402 is amended to read:
2978 11-36-402. Challenging an impact fee by arbitration -- Procedure -- Appeal --
2979 Costs.
2980 (1) Each person or entity intending to challenge an impact fee under Subsection
2981 11-36-401 (4)(c)(ii) shall file a written request for arbitration with the local political subdivision
2982 within the time limitation provided in Subsection 11-36-401 (4)(b) for the applicable type of
2983 challenge.
2984 (2) If a person or entity files a written request for arbitration under Subsection (1), an
2985 arbitrator or arbitration panel shall be selected as follows:
2986 (a) the local political subdivision and the person or entity filing the request may agree
2987 on a single arbitrator within ten days after the day the request for arbitration is filed; or
2988 (b) if a single arbitrator is not agreed to in accordance with Subsection (2)(a), an
2989 arbitration panel shall be created with the following members:
2990 (i) each party shall select an arbitrator within 20 days after the date the request is filed;
2991 and
2992 (ii) the arbitrators selected under Subsection (2)(b)(i) shall select a third arbitrator.
2993 (3) The arbitration panel shall hold a hearing on the challenge within 30 days after the
2994 date:
2995 (a) the single arbitrator is agreed on under Subsection (2)(a); or
2996 (b) the two arbitrators are selected under Subsection (2)(b)(i).
2997 (4) The arbitrator or arbitration panel shall issue a decision in writing within ten days

2998 from the date the hearing under Subsection (3) is completed.
2999 (5) Except as provided in this section, each arbitration shall be governed by Title [78]
3000 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
3001 (6) The parties may agree to:
3002 (a) binding arbitration;
3003 (b) formal, nonbinding arbitration; or
3004 (c) informal, nonbinding arbitration.
3005 (7) If the parties agree in writing to binding arbitration:
3006 (a) the arbitration shall be binding;
3007 (b) the decision of the arbitration panel shall be final;
3008 (c) neither party may appeal the decision of the arbitration panel; and
3009 (d) notwithstanding Subsection (10), the person or entity challenging the impact fee
3010 may not also challenge the impact fee under Subsection 11-36-401 (1), (4)(c)(i), or (4)(c)(iii).
3011 (8) (a) Except as provided in Subsection (8)(b), if the parties agree to formal,
3012 nonbinding arbitration, the arbitration shall be governed by the provisions of Title 63, Chapter
3013 46b, Administrative Procedures Act.
3014 (b) For purposes of applying Title 63, Chapter 46b, Administrative Procedures Act, to
3015 a formal, nonbinding arbitration under this section, notwithstanding Section 63-46b-20 ,
3016 "agency" means a local political subdivision.
3017 (9) (a) An appeal from a decision in an informal, nonbinding arbitration may be filed
3018 with the district court in which the local political subdivision is located.
3019 (b) Each appeal under Subsection (9)(a) shall be filed within 30 days after the date the
3020 arbitration panel issues a decision under Subsection (4).
3021 (c) The district court shall consider de novo each appeal filed under this Subsection (9).
3022 (d) Notwithstanding Subsection (10), a person or entity that files an appeal under this
3023 Subsection (9) may not also challenge the impact fee under Subsection 11-36-401 (1), (4)(c)(i),
3024 or (4)(c)(iii).
3025 (10) (a) Except as provided in Subsections (7)(d) and (9)(d), this section may not be

3026 construed to prohibit a person or entity from challenging an impact fee as provided in
3027 Subsection 11-36-401 (1), (4)(c)(i), or (4)(c)(iii).
3028 (b) The filing of a written request for arbitration within the required time in accordance
3029 with Subsection (1) tolls all time limitations under Section 11-36-401 until the date the
3030 arbitration panel issues a decision.
3031 (11) The person or entity filing a request for arbitration and the local political
3032 subdivision shall equally share all costs of an arbitration proceeding under this section.
3033 Section 13. Section 13-42-119 is amended to read:
3034 13-42-119. Form and contents of agreement.
3035 (1) An agreement must:
3036 (a) be in a record;
3037 (b) be dated and signed by the provider and the individual;
3038 (c) include the name of the individual and the address where the individual resides;
3039 (d) include the name, business address, and telephone number of the provider;
3040 (e) be delivered to the individual immediately upon formation of the agreement; and
3041 (f) disclose:
3042 (i) the services to be provided;
3043 (ii) the amount, or method of determining the amount, of all fees, individually
3044 itemized, to be paid by the individual;
3045 (iii) the schedule of payments to be made by or on behalf of the individual, including
3046 the amount of each payment, the date on which each payment is due, and an estimate of the
3047 date of the final payment;
3048 (iv) if a plan provides for regular periodic payments to creditors:
3049 (A) each creditor of the individual to which payment will be made, the amount owed to
3050 each creditor, and any concessions the provider reasonably believes each creditor will offer;
3051 and
3052 (B) the schedule of expected payments to each creditor, including the amount of each
3053 payment and the date on which it will be made;

3054 (v) each creditor that the provider believes will not participate in the plan and to which
3055 the provider will not direct payment;
3056 (vi) how the provider will comply with its obligations under Subsection 13-42-127 (1);
3057 (vii) that the provider may terminate the agreement for good cause, upon return of
3058 unexpended money of the individual;
3059 (viii) that the individual may cancel the agreement as provided in Section 13-42-120 ;
3060 (ix) that the individual may contact the administrator with any questions or complaints
3061 regarding the provider; and
3062 (x) the address, telephone number, and Internet address or website of the administrator.
3063 (2) For purposes of Subsection (1)(e), delivery of an electronic record occurs when it is
3064 made available in a format in which the individual may retrieve, save, and print it and the
3065 individual is notified that it is available.
3066 (3) If the administrator supplies the provider with any information required under
3067 Subsection (1)(f)(x), the provider may comply with that requirement only by disclosing the
3068 information supplied by the administrator.
3069 (4) An agreement must provide that:
3070 (a) the individual has a right to terminate the agreement at any time, without penalty or
3071 obligation, by giving the provider written or electronic notice, in which event:
3072 (i) the provider will refund all unexpended money that the provider or its agent has
3073 received from or on behalf of the individual for the reduction or satisfaction of the individual's
3074 debt;
3075 (ii) with respect to an agreement that contemplates that creditors will settle debts for
3076 less than the principal amount of debt, the provider will refund 65% of any portion of the
3077 set-up fee that has not been credited against the settlement fee; and
3078 (iii) all powers of attorney granted by the individual to the provider are revoked and
3079 ineffective;
3080 (b) the individual authorizes any bank in which the provider or its agent has established
3081 a trust account to disclose to the administrator any financial records relating to the trust

3082 account; and
3083 (c) the provider will notify the individual within five days after learning of a creditor's
3084 decision to reject or withdraw from a plan and that this notice will include:
3085 (i) the identity of the creditor; and
3086 (ii) the right of the individual to modify or terminate the agreement.
3087 (5) An agreement may confer on a provider a power of attorney to settle the
3088 individual's debt for no more than 50% of the principal amount of the debt. An agreement may
3089 not confer a power of attorney to settle a debt for more than 50% of that amount, but may
3090 confer a power of attorney to negotiate with creditors of the individual on behalf of the
3091 individual. An agreement must provide that the provider will obtain the assent of the
3092 individual after a creditor has assented to a settlement for more than 50% of the principal
3093 amount of the debt.
3094 (6) An agreement may not:
3095 (a) provide for application of the law of any jurisdiction other than the United States
3096 and this state;
3097 (b) except as permitted by Section 2 of the Federal Arbitration Act, 9 U.S.C. Section 2,
3098 or Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act, contain a provision that
3099 modifies or limits otherwise available forums or procedural rights, including the right to trial
3100 by jury, that are generally available to the individual under law other than this chapter;
3101 (c) contain a provision that restricts the individual's remedies under this chapter or law
3102 other than this chapter; or
3103 (d) contain a provision that:
3104 (i) limits or releases the liability of any person for not performing the agreement or for
3105 violating this chapter; or
3106 (ii) indemnifies any person for liability arising under the agreement or this chapter.
3107 (7) All rights and obligations specified in Subsection (4) and Section 13-42-120 exist
3108 even if not provided in the agreement. A provision in an agreement which violates Subsection
3109 (4), (5), or (6) is void.

3110 Section 14. Section 13-43-203 is amended to read:
3111 13-43-203. Office of the Property Rights Ombudsman -- Duties.
3112 (1) The Office of the Property Rights Ombudsman shall:
3113 (a) develop and maintain expertise in and understanding of takings, eminent domain,
3114 and land use law;
3115 (b) assist state agencies and local governments in developing the guidelines required by
3116 Title 63, Chapter 90a, Constitutional Taking Issues;
3117 (c) at the request of a state agency or local government, assist the state agency or local
3118 government, in analyzing actions with potential takings implications or other land use issues;
3119 (d) advise real property owners who have a legitimate potential or actual takings claim
3120 against a state or local government entity or have questions about takings, eminent domain, and
3121 land use law;
3122 (e) identify state or local government actions that have potential takings implications
3123 and, if appropriate, advise those state or local government entities about those implications;
3124 and
3125 (f) provide information to private citizens, civic groups, government entities, and other
3126 interested parties about takings, eminent domain, and land use law and their rights and
3127 responsibilities under the takings, eminent domain, or land use laws through seminars and
3128 publications, and by other appropriate means.
3129 (2) The Office of the Property Rights Ombudsman may not represent private property
3130 owners, state agencies, or local governments in court or in adjudicative proceedings under Title
3131 63, Chapter 46b, Administrative Procedures Act.
3132 (3) No member of the Office of the Property Rights Ombudsman nor a neutral third
3133 party rendering an advisory opinion under Section 13-43-205 or 13-43-206 , may be compelled
3134 to testify in a civil action filed concerning the subject matter of any review, mediation, or
3135 arbitration by, or arranged through, the office.
3136 (4) (a) Except as provided in Subsection (4)(b), evidence of a review by the Office of
3137 the Property Rights Ombudsman and the opinions, writings, findings, and determinations of the

3138 Office of the Property Rights Ombudsman are not admissible as evidence in a judicial action.
3139 (b) Subsection (4)(a) does not apply to:
3140 (i) actions brought under authority of Title [78] 78A, Chapter [6] 8, Small Claims
3141 Courts;
3142 (ii) a judicial confirmation or review of the arbitration itself as authorized in Title [78]
3143 78B, Chapter [31a] 11, Utah Uniform Arbitration Act;
3144 (iii) actions for de novo review of an arbitration award or issue brought under the
3145 authority of Subsection 13-43-204 (3)(a)(i); or
3146 (iv) advisory opinions provided for in Sections 13-43-205 and 13-43-206 .
3147 Section 15. Section 13-43-204 is amended to read:
3148 13-43-204. Office of the Property Rights Ombudsman -- Arbitration or mediation
3149 of takings or eminent domain disputes.
3150 (1) If requested by the private property owner and otherwise appropriate, the Office of
3151 the Property Rights Ombudsman shall mediate, or conduct or arrange arbitration for, disputes
3152 between private property owners and government entities that involve:
3153 (a) takings or eminent domain issues;
3154 (b) actions for eminent domain under Title [78] 78B, Chapter [34] 6, Part 5, Eminent
3155 Domain; or
3156 (c) disputes about relocation assistance under Title 57, Chapter 12, Utah Relocation
3157 Assistance Act.
3158 (2) If arbitration or mediation is requested by a private property owner under this
3159 section, Section 57-12-14 or [ 78-34-21 ] 78B-6-522 , and arranged by the Office of the Property
3160 Rights Ombudsman, the government entity or condemning entity shall participate in the
3161 mediation or arbitration as if the matter were ordered to mediation or arbitration by a court.
3162 (3) (a) (i) In conducting or arranging for arbitration under Subsection (1), the Office of
3163 the Property Rights Ombudsman shall follow the procedures and requirements of Title [78]
3164 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
3165 (ii) In applying Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act, the

3166 arbitrator and parties shall treat the matter as if:
3167 (A) it were ordered to arbitration by a court; and
3168 (B) the Office of the Property Rights Ombudsman or other arbitrator chosen as
3169 provided for in this section was appointed as arbitrator by the court.
3170 (iii) For the purpose of an arbitration conducted under this section, if the dispute to be
3171 arbitrated is not already the subject of legal action, the district court having jurisdiction over
3172 the county where the private property involved in the dispute is located is the court referred to
3173 in Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
3174 (iv) An arbitration award under this chapter may not be vacated under the provisions of
3175 Subsection [ 78-31a-124 ] 78B-11-124 (1)(e) because of the lack of an arbitration agreement
3176 between the parties.
3177 (b) The Office of the Property Rights Ombudsman shall issue a written statement
3178 declining to arbitrate or to appoint an arbitrator when, in the opinion of the Office of the
3179 Property Rights Ombudsman:
3180 (i) the issues are not ripe for review;
3181 (ii) assuming the alleged facts are true, no cause of action exists under United States or
3182 Utah law;
3183 (iii) all issues raised are beyond the scope of the Office of the Property Rights
3184 Ombudsman's statutory duty to review; or
3185 (iv) the arbitration is otherwise not appropriate.
3186 (c) (i) The Office of the Property Rights Ombudsman shall appoint another person to
3187 arbitrate a dispute when:
3188 (A) either party objects to the Office of the Property Rights Ombudsman serving as the
3189 arbitrator and agrees to pay for the services of another arbitrator;
3190 (B) the Office of the Property Rights Ombudsman declines to arbitrate the dispute for a
3191 reason other than those stated in Subsection (3)(b) and one or both parties are willing to pay for
3192 the services of another arbitrator; or
3193 (C) the Office of the Property Rights Ombudsman determines that it is appropriate to

3194 appoint another person to arbitrate the dispute with no charge to the parties for the services of
3195 the appointed arbitrator.
3196 (ii) In appointing another person to arbitrate a dispute, the Office of the Property Rights
3197 Ombudsman shall appoint an arbitrator who is agreeable to:
3198 (A) both parties; or
3199 (B) the Office of the Property Rights Ombudsman and the party paying for the
3200 arbitrator.
3201 (iii) The Office of the Property Rights Ombudsman may, on its own initiative or upon
3202 agreement of both parties, appoint a panel of arbitrators to conduct the arbitration.
3203 (iv) The Department of Commerce may pay an arbitrator per diem and reimburse
3204 expenses incurred in the performance of the arbitrator's duties at the rates established by the
3205 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
3206 (d) In arbitrating a dispute, the arbitrator shall apply the relevant statutes, case law,
3207 regulations, and rules of Utah and the United States in conducting the arbitration and in
3208 determining the award.
3209 (e) The property owner and government entity may agree in advance of arbitration that
3210 the arbitration is binding and that no de novo review may occur.
3211 (f) Arbitration by or through the Office of the Property Rights Ombudsman is not
3212 necessary before bringing legal action to adjudicate any claim.
3213 (g) The lack of arbitration by or through the Office of the Property Rights Ombudsman
3214 does not constitute, and may not be interpreted as constituting, a failure to exhaust available
3215 administrative remedies or as a bar to bringing legal action.
3216 (h) Arbitration under this section is not subject to Title 63, Chapter 46b,
3217 Administrative Procedures Act, or Title [78] 78B, Chapter [31b] 6, Part 2, Alternative Dispute
3218 Resolution Act.
3219 (i) Within 30 days after an arbitrator issues a final award, and except as provided in
3220 Subsection (3)(e), any party may submit the award, or any issue upon which the award is based,
3221 to the district court for de novo review.

3222 (4) The filing with the Office of the Property Rights Ombudsman of a request for
3223 mediation or arbitration of a constitutional taking issue does not stay any county or municipal
3224 land use decision, including the decision of a board of adjustment.
3225 (5) Members of the Office of the Property Rights Ombudsman may not be compelled
3226 to testify in a civil action filed concerning the subject matter of any review, mediation, or
3227 arbitration by the Office of the Property Rights Ombudsman.
3228 Section 16. Section 13-43-206 is amended to read:
3229 13-43-206. Advisory opinion -- Process.
3230 (1) A request for an advisory opinion under Section 13-43-205 shall be:
3231 (a) filed with the Office of the Property Rights Ombudsman; and
3232 (b) accompanied by a filing fee of $150.
3233 (2) The Office of the Property Rights Ombudsman may establish policies providing for
3234 partial fee waivers for a person who is financially unable to pay the entire fee.
3235 (3) A person requesting an advisory opinion need not exhaust administrative remedies,
3236 including remedies described under Section 10-9a-801 or 17-27a-801 , before requesting an
3237 advisory opinion.
3238 (4) The Office of the Property Rights Ombudsman shall:
3239 (a) deliver notice of the request to opposing parties indicated in the request;
3240 (b) inquire of all parties if there are other necessary parties to the dispute; and
3241 (c) deliver notice to all necessary parties.
3242 (5) If a governmental entity is an opposing party, the Office of the Property Rights
3243 Ombudsman shall deliver the request in the manner provided for in Section 63-30d-301 .
3244 (6) (a) The Office of the Property Rights Ombudsman shall promptly determine if the
3245 parties can agree to a neutral third party to issue an advisory opinion.
3246 (b) If no agreement can be reached within four business days after notice is delivered
3247 pursuant to Subsections (4) and (5), the Office of the Property Rights Ombudsman shall
3248 appoint a neutral third party to issue an advisory opinion.
3249 (7) All parties that are the subject of the request for advisory opinion shall:

3250 (a) share equally in the cost of the advisory opinion; and
3251 (b) provide financial assurance for payment that the neutral third party requires.
3252 (8) The neutral third party shall comply with the provisions of Section [ 78-31a-109 ]
3253 78B-11-109 , and shall promptly:
3254 (a) seek a response from all necessary parties to the issues raised in the request for
3255 advisory opinion;
3256 (b) investigate and consider all responses; and
3257 (c) issue a written advisory opinion within 15 business days after the appointment of
3258 the neutral third party under Subsection (6)(b), unless:
3259 (i) the parties agree to extend the deadline; or
3260 (ii) the neutral third party determines that the matter is complex and requires additional
3261 time to render an opinion, which may not exceed 30 calendar days.
3262 (9) An advisory opinion shall include a statement of the facts and law supporting the
3263 opinion's conclusions.
3264 (10) (a) Copies of any advisory opinion issued by the Office of the Property Rights
3265 Ombudsman shall be delivered as soon as practicable to all necessary parties.
3266 (b) A copy of the advisory opinion shall be delivered to the government entity in the
3267 manner provided for in Section 63-30d-401 .
3268 (11) An advisory opinion issued by the Office of the Property Rights Ombudsman is
3269 not binding on any party to, nor admissible as evidence in, a dispute involving land use law
3270 except as provided in Subsection (12).
3271 (12) (a) If the same issue that is the subject of an advisory opinion is listed as a cause
3272 of action in litigation, and that cause of action is litigated on the same facts and circumstances
3273 and is resolved consistent with the advisory opinion, the substantially prevailing party on that
3274 cause of action may collect reasonable attorney fees and court costs pertaining to the
3275 development of that cause of action from the date of the delivery of the advisory opinion to the
3276 date of the court's resolution.
3277 (b) Nothing in this Subsection (12) is intended to create any new cause of action under

3278 land use law.
3279 (13) Unless filed by the local government, a request for an advisory opinion under
3280 Section 13-43-205 does not stay the progress of a land use application, or the effect of a land
3281 use decision.
3282 Section 17. Section 15-4-6.7 is amended to read:
3283 15-4-6.7. Medical expenses of minor children -- Collection pursuant to court or
3284 administrative order of child support.
3285 (1) When a court order has been entered providing for the payment of medical
3286 expenses of a minor child pursuant to Section 30-3-5 , 30-4-3 , or [ 78-45-7.15 ] 78B-12-212 , or
3287 an administrative order under Section 62A-11-326 , a creditor who has been provided a copy of
3288 the order may not make a claim for unpaid medical expenses against a parent who has paid in
3289 full that share of the medical and dental expenses required to be paid by that parent under the
3290 order.
3291 (2) When a court order has been entered providing for the payment of medical and
3292 dental expenses of a minor child pursuant to Section 30-3-5 , 30-4-3 , or [ 78-45-7.15 ]
3293 78B-12-212 , or an administrative order under Section 62A-11-326 and the creditor receives a
3294 copy of the order, the creditor may not make a negative credit report under Section 70C-7-107 ,
3295 or report of the debtor's repayment practices or credit history under Title 7, Chapter 14, Credit
3296 Information Exchange, regarding a parent who has paid in full that share of the medical and
3297 dental expenses required to be paid by that parent under the order.
3298 Section 18. Section 17-20-1 is amended to read:
3299 17-20-1. County clerk -- District court clerk duties.
3300 The county clerk is the clerk of the legislative body of the county. The clerk shall act as
3301 clerk of the district court in secondary counties of the state district court administrative system
3302 and those counties not in the system, and shall perform the duties listed in Section [ 78-3-30 ]
3303 78A-5-108 .
3304 Section 19. Section 17-50-302 is amended to read:
3305 17-50-302. General county powers.

3306 (1) A county may:
3307 (a) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
3308 collect special assessments for benefits conferred; and
3309 (b) provide services, exercise powers, and perform functions that are reasonably related
3310 to the safety, health, morals, and welfare of their inhabitants, except as limited or prohibited by
3311 statute.
3312 (2) (a) A county may:
3313 (i) sue and be sued;
3314 (ii) subject to Subsection (2)(c), acquire real property by tax sale, purchase, lease,
3315 contract, or gift, and hold the real property as necessary and proper for county purposes;
3316 (iii) (A) subject to Subsection (2)(b), acquire real property by condemnation, as
3317 provided in Title [78] 78B, Chapter [34] 6, Part 5, Eminent Domain; and
3318 (B) hold the real property as necessary and proper for county purposes;
3319 (iv) as may be necessary to the exercise of its powers, acquire personal property by
3320 purchase, lease, contract, or gift, and hold such personal property; and
3321 (v) manage and dispose of its property as the interests of its inhabitants may require.
3322 (b) (i) For purposes of Subsection (2)(a)(iii), water rights that are not appurtenant to
3323 land do not constitute real property that may be acquired by the county through condemnation.
3324 (ii) Nothing in Subsection (2)(a)(iii) may be construed to authorize a county to acquire
3325 by condemnation the rights to water unless the land to which those water rights are appurtenant
3326 is acquired by condemnation.
3327 (c) (i) Except as provided in Subsection (2)(c)(iv), each county intending to acquire
3328 real property for the purpose of expanding the county's infrastructure or other facilities used for
3329 providing services that the county offers or intends to offer shall provide written notice, as
3330 provided in this Subsection (2)(c), of its intent to acquire the property if:
3331 (A) the property is located:
3332 (I) outside the boundaries of the unincorporated area of the county; and
3333 (II) in a county of the first or second class; and

3334 (B) the intended use of the property is contrary to:
3335 (I) the anticipated use of the property under the general plan of the county in whose
3336 unincorporated area or the municipality in whose boundaries the property is located; or
3337 (II) the property's current zoning designation.
3338 (ii) Each notice under Subsection (2)(c)(i) shall:
3339 (A) indicate that the county intends to acquire real property;
3340 (B) identify the real property; and
3341 (C) be sent to:
3342 (I) each county in whose unincorporated area and each municipality in whose
3343 boundaries the property is located; and
3344 (II) each affected entity.
3345 (iii) A notice under this Subsection (2)(c) is a protected record as provided in
3346 Subsection 63-2-304 (7).
3347 (iv) (A) The notice requirement of Subsection (2)(c)(i) does not apply if the county
3348 previously provided notice under Section 17-27a-203 identifying the general location within
3349 the municipality or unincorporated part of the county where the property to be acquired is
3350 located.
3351 (B) If a county is not required to comply with the notice requirement of Subsection
3352 (2)(c)(i) because of application of Subsection (2)(c)(iv)(A), the county shall provide the notice
3353 specified in Subsection (2)(c)(i) as soon as practicable after its acquisition of the real property.
3354 Section 20. Section 17B-1-103 is amended to read:
3355 17B-1-103. Local district status and powers.
3356 (1) A local district:
3357 (a) is:
3358 (i) a body corporate and politic with perpetual succession;
3359 (ii) a quasi-municipal corporation; and
3360 (iii) a political subdivision of the state; and
3361 (b) may sue and be sued.

3362 (2) A local district may:
3363 (a) acquire, by any lawful means, or lease any real or personal property necessary or
3364 convenient to the full exercise of the district's powers;
3365 (b) acquire, by any lawful means, any interest in real or personal property necessary or
3366 convenient to the full exercise of the district's powers;
3367 (c) transfer an interest in or dispose of any property or interest described in Subsections
3368 (2)(a) and (b);
3369 (d) acquire or construct works, facilities, and improvements necessary or convenient to
3370 the full exercise of the district's powers, and operate, control, maintain, and use those works,
3371 facilities, and improvements;
3372 (e) borrow money and incur indebtedness for any lawful district purpose;
3373 (f) issue bonds, including refunding bonds:
3374 (i) for any lawful district purpose; and
3375 (ii) as provided in and subject to Part 10, Local District Bonds;
3376 (g) levy and collect property taxes:
3377 (i) for any lawful district purpose or expenditure, including to cover a deficit resulting
3378 from tax delinquencies in a preceding year; and
3379 (ii) as provided in and subject to Part 10, Local District Property Tax Levy;
3380 (h) as provided in Title [78] 78B, Chapter [34] 6, Part 5, Eminent Domain, acquire by
3381 eminent domain property necessary to the exercise of the district's powers;
3382 (i) invest money as provided in Title 51, Chapter 7, State Money Management Act;
3383 (j) (i) impose fees or other charges for commodities, services, or facilities provided by
3384 the district, to pay some or all of the district's costs of providing the commodities, services, and
3385 facilities, including the costs of:
3386 (A) maintaining and operating the district;
3387 (B) acquiring, purchasing, constructing, improving, or enlarging district facilities;
3388 (C) issuing bonds and paying debt service on district bonds; and
3389 (D) providing a reserve established by the board of trustees; and

3390 (ii) take action the board of trustees considers appropriate and adopt regulations to
3391 assure the collection of all fees and charges that the district imposes;
3392 (k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's
3393 property to district facilities in order for the district to provide service to the property;
3394 (l) enter into a contract that the local district board of trustees considers necessary,
3395 convenient, or desirable to carry out the district's purposes, including a contract:
3396 (i) with the United States or any department or agency of the United States;
3397 (ii) to indemnify and save harmless; or
3398 (iii) to do any act to exercise district powers;
3399 (m) purchase supplies, equipment, and materials;
3400 (n) encumber district property upon terms and conditions that the board of trustees
3401 considers appropriate;
3402 (o) exercise other powers and perform other functions that are provided by law;
3403 (p) construct and maintain works and establish and maintain facilities, including works
3404 or facilities:
3405 (i) across or along any public street or highway, subject to Subsection (3) and if the
3406 district:
3407 (A) promptly restores the street or highway, as much as practicable, to its former state
3408 of usefulness; and
3409 (B) does not use the street or highway in a manner that completely or unnecessarily
3410 impairs the usefulness of it;
3411 (ii) in, upon, or over any vacant public lands that are or become the property of the
3412 state, including school and institutional trust lands, as defined in Section 53C-1-103 , if the
3413 director of the School and Institutional Trust Lands Administration, acting under Sections
3414 53C-1-102 and 53C-1-303 , consents; or
3415 (iii) across any stream of water or watercourse, subject to Section 73-3-29 ;
3416 (q) perform any act or exercise any power reasonably necessary for the efficient
3417 operation of the local district in carrying out its purposes;

3418 (r) designate an assessment area and levy an assessment on land within the assessment
3419 area, as provided in Title 11, Chapter 42, Assessment Area Act;
3420 (s) contract with another political subdivision of the state to allow the other political
3421 subdivision to use the surplus capacity of or have an ownership interest in the district's works
3422 or facilities, upon the terms and for the consideration, whether monetary or nonmonetary
3423 consideration or no consideration, that the district's board of trustees considers to be in the best
3424 interests of the district and the public; and
3425 (t) contract with another political subdivision of the state or with a public or private
3426 owner of property on which the district has a right-of-way to allow the political subdivision or
3427 owner to use the surface of the land on which the district has a right-of-way, upon the terms
3428 and for the consideration, whether monetary or nonmonetary consideration or no consideration,
3429 that the district's board of trustees considers to be in the best interests of the district and the
3430 public.
3431 (3) With respect to a local district's use of a street or highway, as provided in
3432 Subsection (2)(p)(i):
3433 (a) the district shall comply with the reasonable rules and regulations of the
3434 governmental entity, whether state, county, or municipal, with jurisdiction over the street or
3435 highway, concerning:
3436 (i) an excavation and the refilling of an excavation;
3437 (ii) the relaying of pavement; and
3438 (iii) the protection of the public during a construction period; and
3439 (b) the governmental entity, whether state, county, or municipal, with jurisdiction over
3440 the street or highway:
3441 (i) may not require the district to pay a license or permit fee or file a bond; and
3442 (ii) may require the district to pay a reasonable inspection fee.
3443 (4) (a) A local district may:
3444 (i) acquire, lease, or construct and operate electrical generation, transmission, and
3445 distribution facilities, if:

3446 (A) the purpose of the facilities is to harness energy that results inherently from the
3447 district's:
3448 (I) operation of a project or facilities that the district is authorized to operate; or
3449 (II) providing a service that the district is authorized to provide;
3450 (B) the generation of electricity from the facilities is incidental to the primary
3451 operations of the district; and
3452 (C) operation of the facilities will not hinder or interfere with the primary operations of
3453 the district;
3454 (ii) (A) use electricity generated by the facilities; or
3455 (B) subject to Subsection (4)(b), sell electricity generated by the facilities to an electric
3456 utility or municipality with an existing system for distributing electricity.
3457 (b) A district may not act as a retail distributor or seller of electricity.
3458 (c) Revenue that a district receives from the sale of electricity from electrical
3459 generation facilities it owns or operates under this section may be used for any lawful district
3460 purpose, including the payment of bonds issued to pay some or all of the cost of acquiring or
3461 constructing the facilities.
3462 (5) A local district may adopt and, after adoption, alter a corporate seal.
3463 Section 21. Section 17B-1-506 is amended to read:
3464 17B-1-506. Withdrawal petition requirements.
3465 (1) Each petition under Section 17B-1-504 shall:
3466 (a) indicate the typed or printed name and current address of each owner of acre-feet of
3467 water, property owner, registered voter, or authorized representative of the governing body
3468 signing the petition;
3469 (b) separately group signatures by municipality and, in the case of unincorporated
3470 areas, by county;
3471 (c) if it is a petition signed by the owners of land, the assessment of which is based on
3472 acre-feet of water, indicate the address of the property and the property tax identification parcel
3473 number of the property as to which the owner is signing the request;

3474 (d) designate up to three signers of the petition as sponsors, or in the case of a petition
3475 filed under Subsection 17B-1-504 (1)(a)(iv), designate a governmental representative as a
3476 sponsor, and in each case, designate one sponsor as the contact sponsor with the mailing
3477 address and telephone number of each;
3478 (e) state the reasons for withdrawal; and
3479 (f) when the petition is filed with the local district board of trustees, be accompanied by
3480 a map generally depicting the boundaries of the area proposed to be withdrawn and a legal
3481 description of the area proposed to be withdrawn.
3482 (2) (a) The local district may prepare an itemized list of expenses, other than attorney
3483 expenses, that will necessarily be incurred by the local district in the withdrawal proceeding.
3484 The itemized list of expenses may be submitted to the contact sponsor. If the list of expenses is
3485 submitted to the contact sponsor within 21 days after receipt of the petition, the contact sponsor
3486 on behalf of the petitioners shall be required to pay the expenses to the local district within 90
3487 days of receipt. Until funds to cover the expenses are delivered to the local district, the district
3488 will have no obligation to proceed with the withdrawal and the time limits on the district stated
3489 in this part will be tolled. If the expenses are not paid within the 90 days, or within 90 days
3490 from the conclusion of any arbitration under Subsection (2)(b), the petition requesting the
3491 withdrawal shall be considered to have been withdrawn.
3492 (b) If there is no agreement between the board of trustees of the local district and the
3493 contact sponsor on the amount of expenses that will necessarily be incurred by the local district
3494 in the withdrawal proceeding, either the board of trustees or the contact sponsor may submit
3495 the matter to binding arbitration in accordance with Title [78] 78B, Chapter [31b] 6, Part 2,
3496 Alternative Dispute Resolution Act; provided that, if the parties cannot agree upon an arbitrator
3497 and the rules and procedures that will control the arbitration, either party may pursue
3498 arbitration under Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
3499 (3) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
3500 signature at any time before the public hearing under Section 17B-1-508 by submitting a
3501 written withdrawal or reinstatement with the board of trustees of the local district in which the

3502 area proposed to be withdrawn is located.
3503 (4) If it reasonably appears that, if the withdrawal which is the subject of a petition
3504 filed under Subsection 17B-1-504 (1)(a)(i) or (ii) is granted, it will be necessary for a
3505 municipality to provide to the withdrawn area the service previously supplied by the local
3506 district, the board of trustees of the local district may, within 21 days after receiving the
3507 petition, notify the contact sponsor in writing that, before it will be considered by the board of
3508 trustees, the petition must be presented to and approved by the governing body of the
3509 municipality as provided in Subsection 17B-1-504 (1)(a)(iv) before it will be considered by the
3510 local district board of trustees. If the notice is timely given to the contact sponsor, the petition
3511 shall be considered to have been withdrawn until the municipality files a petition with the local
3512 district under Subsection 17B-1-504 (1)(a)(iv).
3513 (5) (a) After receiving the notice required by Subsection 17B-1-504 (2), unless
3514 specifically allowed by law, a public entity may not make expenditures from public funds to
3515 support or oppose the gathering of signatures on a petition for withdrawal.
3516 (b) Nothing in this section prohibits a public entity from providing factual information
3517 and analysis regarding a withdrawal petition to the public, so long as the information grants
3518 equal access to both the opponents and proponents of the petition for withdrawal.
3519 (c) Nothing in this section prohibits a public official from speaking, campaigning,
3520 contributing personal monies, or otherwise exercising the public official's constitutional rights.
3521 Section 22. Section 17B-2a-820 is amended to read:
3522 17B-2a-820. Authority for other governmental entities to acquire property by
3523 eminent domain for a public transit district.
3524 The state, a county, or a municipality may, by eminent domain under Title [78] 78B,
3525 Chapter [34] 6, Part 5, Eminent Domain, acquire within its boundaries a private property
3526 interest, including fee simple, easement, air right, right-of-way, or other interest, necessary for
3527 the establishment or operation of a public transit district.
3528 Section 23. Section 19-6-113 is amended to read:
3529 19-6-113. Violations -- Penalties -- Reimbursement for expenses.

3530 (1) As used in this section, "RCRA" means the Resource Conservation and Recovery
3531 Act, 42 U.S.C. Section 6901, et seq.
3532 (2) Any person who violates any order, plan, rule, or other requirement issued or
3533 adopted under this part is subject in a civil proceeding to a penalty of not more than $13,000
3534 per day for each day of violation.
3535 (3) On or after July 1, 1990, no person shall knowingly:
3536 (a) transport or cause to be transported any hazardous waste identified or listed under
3537 this part to a facility that does not have a hazardous waste operation plan or permit under this
3538 part or RCRA;
3539 (b) treat, store, or dispose of any hazardous waste identified or listed under this part:
3540 (i) without having obtained a hazardous waste operation plan or permit as required by
3541 this part or RCRA;
3542 (ii) in knowing violation of any material condition or requirement of a hazardous waste
3543 operation plan or permit; or
3544 (iii) in knowing violation of any material condition or requirement of any rules or
3545 regulations under this part or RCRA;
3546 (c) omit material information or make any false material statement or representation in
3547 any application, label, manifest, record, report, permit, operation plan, or other document filed,
3548 maintained, or used for purposes of compliance with this part or RCRA or any rules or
3549 regulations made under this part or RCRA; and
3550 (d) transport or cause to be transported without a manifest, any hazardous waste
3551 identified or listed under this part and required by rules or regulations made under this part or
3552 RCRA to be accompanied by a manifest.
3553 (4) (a) (i) Any person who knowingly violates any provision of Subsection (3)(a) or (b)
3554 is guilty of a felony.
3555 (ii) Notwithstanding Sections 76-3-203 , 76-3-301 , and 76-3-302 , a person convicted of
3556 a felony under Subsection (3)(a) or (b) is subject to a fine of not more than $50,000 for each
3557 day of violation, or imprisonment for a term not to exceed five years, or both.

3558 (iii) If a person is convicted of a second or subsequent violation under Subsection
3559 (3)(a) or (b), the maximum punishment is double both the fine and the term of imprisonment
3560 authorized in Subsection (4)(a)(ii).
3561 (b) (i) Any person who knowingly violates any of the provisions of Subsection (3)(c) or
3562 (d) is guilty of a felony.
3563 (ii) Notwithstanding Sections 76-3-203 , 76-3-301 , and 76-3-302 , a person convicted of
3564 a felony for a violation of Subsection (3)(c) or (d) is subject to a fine of not more than $50,000
3565 for each day of violation, or imprisonment for a term not to exceed two years, or both.
3566 (iii) If a person is convicted of a second or subsequent violation under Subsection
3567 (3)(c) or (d), the maximum punishment is double both the fine and the imprisonment
3568 authorized in Subsection (4)(b)(ii).
3569 (c) (i) Any person who knowingly transports, treats, stores, or disposes of any
3570 hazardous waste identified or listed under this part in violation of Subsection (3)(a), (b), (c), or
3571 (d), who knows at that time that he thereby places another person in imminent danger of death
3572 or serious bodily injury is guilty of a felony.
3573 (ii) Notwithstanding Sections 76-3-203 , 76-3-301 , and 76-3-302 , a person convicted of
3574 a felony described in Subsection (4)(c)(i) is subject to a fine of not more than $250,000 or
3575 imprisonment for a term not to exceed 15 years, or both.
3576 (iii) A corporation, association, partnership, or governmental instrumentality, upon
3577 conviction of violating Subsection (4)(c)(i), is subject to a fine of not more than $1,000,000.
3578 (5) (a) Except as provided in Subsections (5)(b) and (c) and Section 19-6-722 , all
3579 penalties assessed and collected under authority of this section shall be deposited in the
3580 General Fund.
3581 (b) The department may reimburse itself and local governments from monies collected
3582 from civil penalties for qualifying extraordinary expenses incurred in qualifying environmental
3583 enforcement activities.
3584 (c) Notwithstanding the provisions of Section [ 78-3-14.5 ] 78A-5-110 , the department
3585 may reimburse itself and local governments from monies collected from criminal fines for

3586 qualifying extraordinary expenses incurred in prosecutions for violations of this part.
3587 (d) The department shall regulate reimbursements by making rules that define:
3588 (i) qualifying environmental enforcement activities; and
3589 (ii) qualifying extraordinary expenses.
3590 (6) Prosecution for criminal violations of this part may be commenced by the attorney
3591 general, the county attorney, or the district attorney as appropriate under Section 17-18-1 or
3592 17-18-1.7 in any county where venue is proper.
3593 Section 24. Section 19-9-106 is amended to read:
3594 19-9-106. Acquisition of sites by authority -- Property vested in state on
3595 disincorporation of authority.
3596 (1) The authority is authorized, pursuant to Title [78] 78B, Chapter [34] 6, Part 5,
3597 Eminent Domain, to acquire sites sufficient in number to meet the hazardous waste treatment,
3598 storage, and disposal needs of the state if, in the judgment of the authority, private operators are
3599 not adequately meeting such needs. Exercise of the power of eminent domain to acquire such
3600 sites is declared to be for a public purpose and use.
3601 (2) Before the purchase or condemnation of any site by the authority, the board shall
3602 certify that the site meets the standards for eventual incorporation into an approved hazardous
3603 waste operations plan.
3604 (3) If the authority is disincorporated for any reason, all its property shall vest in, and
3605 become the property of, the state, which shall succeed to all the rights and liabilities of the
3606 authority which exist at the time of vestiture in the state.
3607 Section 25. Section 20A-1-506 is amended to read:
3608 20A-1-506. Judicial vacancies -- Courts not of record.
3609 (1) As used in this section:
3610 (a) "Appointing authority" means:
3611 (i) the chair of the county commission in counties having the county commission form
3612 of county government;
3613 (ii) the county executive in counties having the county executive-council form of

3614 government;
3615 (iii) the chair of the city council or town council in municipalities having:
3616 (A) the traditional management arrangement established by Title 10, Chapter 3, Part 1,
3617 Governing Body; and
3618 (B) the council-manager optional form of government defined in Section 10-3-101 ; and
3619 (iv) the mayor, in the council-mayor optional form of government defined in Section
3620 10-3-101 ;
3621 (b) "Local legislative body" means:
3622 (i) the county commission or county council; and
3623 (ii) the city council or town council.
3624 (2) (a) If a vacancy occurs in the office of a municipal justice court judge before the
3625 completion of his term of office, the appointing authority may:
3626 (i) fill the vacancy by appointment for the unexpired term by following the procedures
3627 and requirements for appointments in Section [ 78-5-134 ] 78A-7-202 ; or
3628 (ii) contract with a justice court judge of the county, an adjacent county, or another
3629 municipality within those counties for judicial services.
3630 (b) When the appointing authority chooses to contract under Subsection (2)(a)(ii), it
3631 shall ensure that the contract is for the same term as the term of office of the judge whose
3632 services are replaced by the contract.
3633 (c) The appointing authority shall notify the Office of the State Court Administrator in
3634 writing of the appointment, resignation, or the contractual agreement for services of a judge
3635 under this section within 30 days after filling the vacancy.
3636 (3) (a) If a vacancy occurs in the office of a county justice court judge before the
3637 completion of that judge's term of office, the appointing authority may fill the vacancy by
3638 appointment for the unexpired term by following the procedures and requirements for
3639 appointments in Section [ 78-5-134 ] 78A-7-202 .
3640 (b) The appointing authority shall notify the Office of the State Court Administrator in
3641 writing of any appointment of a county justice court judge under this section within 30 days

3642 after the appointment is made.
3643 (4) (a) When a vacancy occurs in the office of a justice court judge, the appointing
3644 authority shall:
3645 (i) advertise the vacancy and solicit applications for the vacancy;
3646 (ii) appoint the best qualified candidate to office based solely upon fitness for office;
3647 (iii) comply with the procedures and requirements of Title 52, Chapter 3, prohibiting
3648 employment of relatives in making appointments to fill the vacancy; and
3649 (iv) submit the name of the appointee to the local legislative body.
3650 (b) If the local legislative body does not confirm the appointment within 30 days of
3651 submission, the appointing authority may either appoint another of the applicants or reopen the
3652 vacancy by advertisement and solicitations of applications.
3653 Section 26. Section 20A-7-702 is amended to read:
3654 20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
3655 (1) The lieutenant governor shall ensure that all information submitted for publication
3656 in the voter information pamphlet is:
3657 (a) printed and bound in a single pamphlet;
3658 (b) printed in clear readable type, no less than ten-point, except that the text of any
3659 measure may be set forth in eight-point type; and
3660 (c) printed on a quality and weight of paper that best serves the voters.
3661 (2) The voter information pamphlet shall contain the following items in this order:
3662 (a) a cover title page;
3663 (b) an introduction to the pamphlet by the lieutenant governor;
3664 (c) a table of contents;
3665 (d) a list of all candidates for constitutional offices;
3666 (e) a list of candidates for each legislative district;
3667 (f) a 100-word statement of qualifications for each candidate for the office of governor,
3668 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
3669 candidate to the lieutenant governor's office before July 15 at 5 p.m.;

3670 (g) information pertaining to all measures to be submitted to the voters, beginning a
3671 new page for each measure and containing, in the following order for each measure:
3672 (i) a copy of the number and ballot title of the measure;
3673 (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
3674 the Legislature or by referendum;
3675 (iii) the impartial analysis of the measure prepared by the Office of Legislative
3676 Research and General Counsel;
3677 (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
3678 measure, the arguments against the measure, and the rebuttal to the arguments against the
3679 measure, with the name and title of the authors at the end of each argument or rebuttal;
3680 (v) for each constitutional amendment, a complete copy of the text of the constitutional
3681 amendment, with all new language underlined, and all deleted language placed within brackets;
3682 and
3683 (vi) for each initiative qualified for the ballot, a copy of the measure as certified by the
3684 lieutenant governor and a copy of the fiscal impact estimate prepared according to Section
3685 20A-7-202.5 ;
3686 (h) a description provided by the Judicial Council of the selection and retention process
3687 for judges, including, in the following order:
3688 (i) a description of the judicial selection process;
3689 (ii) a description of the judicial performance evaluation process;
3690 (iii) a description of the judicial retention election process;
3691 (iv) a list of the criteria and minimum standards of judicial performance evaluation;
3692 (v) the names of the judges standing for retention election; and
3693 (vi) for each judge:
3694 (A) the counties in which the judge is subject to retention election;
3695 (B) a short biography of professional qualifications and a recent photograph;
3696 (C) for each standard of performance, a statement identifying whether or not the judge
3697 met the standard and, if not, the manner in which the judge failed to meet the standard;

3698 (D) a statement provided by the Utah Supreme Court identifying the cumulative
3699 number of informal reprimands, when consented to by the judge in accordance with
3700 [Subsection 78-8-107 (2)] Title 78A, Chapter 11, Judicial Conduct Commission, formal
3701 reprimands, and all orders of censure and suspension issued by the Utah Supreme Court under
3702 Utah Constitution Article VIII, Section 13 during the judge's current term and the immediately
3703 preceding term, and a detailed summary of the supporting reasons for each violation of the
3704 Code of Judicial Conduct that the judge has received; and
3705 (E) a statement identifying whether or not the judge was certified by the Judicial
3706 Council;
3707 (vii) (A) except as provided in Subsection (2)(h)(vii)(B), for each judge, in graphic
3708 format, the responses for each attorney, jury, and other survey question used by the Judicial
3709 Council for certification of judges, displayed in 1% increments;
3710 (B) notwithstanding Subsection (2)(h)(vii)(A), if the sample size for the survey for a
3711 particular judge is too small to provide statistically reliable information in 1% increments, the
3712 survey results for that judge shall be reported as being above or below 70% and a statement by
3713 the surveyor explaining why the survey is statistically unreliable shall also be included;
3714 (i) an explanation of ballot marking procedures prepared by the lieutenant governor,
3715 indicating the ballot marking procedure used by each county and explaining how to mark the
3716 ballot for each procedure;
3717 (j) voter registration information, including information on how to obtain an absentee
3718 ballot;
3719 (k) a list of all county clerks' offices and phone numbers; and
3720 (l) on the back cover page, a printed copy of the following statement signed by the
3721 lieutenant governor:
3722 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
3723 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
3724 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
3725 correct according to law. SEAL

3726 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
3727 of ____ (month), ____ (year)
3728

(signed) ____________________________________

3729

Lieutenant Governor"

3730 (3) The lieutenant governor shall:
3731 (a) ensure that one copy of the voter information pamphlet is placed in one issue of
3732 every newspaper of general circulation in the state not more than 40 nor less than 15 days
3733 before the day fixed by law for the election;
3734 (b) ensure that a sufficient number of printed voter information pamphlets are available
3735 for distribution as required by this section;
3736 (c) provide voter information pamphlets to each county clerk for free distribution upon
3737 request and for placement at polling places; and
3738 (d) ensure that the distribution of the voter information pamphlets is completed 15 days
3739 before the election.
3740 Section 27. Section 24-1-3.5 is amended to read:
3741 24-1-3.5. Jurisdiction and venue.
3742 (1) A state district court has jurisdiction over any action filed in accordance with this
3743 chapter regarding:
3744 (a) all interests in property if the property for which forfeiture is sought is within this
3745 state at the time the action is filed; and
3746 (b) the interests of owners or interest holders in the property, if the owner or interest
3747 holder is subject to the personal jurisdiction of the district court.
3748 (2) (a) In addition to the venue provided for under Title [78] 78B, Chapter [13] 3, Part
3749 3, Place of Trial-Venue, or any other provisions of law, a proceeding for forfeiture under this
3750 chapter may be maintained in the judicial district in which:
3751 (i) any part of the property is found; or
3752 (ii) a civil or criminal action could be maintained against an owner or interest holder
3753 for the conduct alleged to give cause for the forfeiture.

3754 (b) A claimant may obtain a change of venue under Section [ 78-13-9 ] 78B-3-309 .
3755 Section 28. Section 26-2-5 is amended to read:
3756 26-2-5. Birth certificates -- Execution and registration requirements.
3757 (1) As used in this section, "birthing facility" means a general acute hospital or birthing
3758 center as defined in Section 26-21-2 .
3759 (2) For each live birth occurring in the state, a certificate shall be filed with the local
3760 registrar for the district in which the birth occurred within ten days following the birth. The
3761 certificate shall be registered if it is completed and filed in accordance with this chapter.
3762 (3) (a) For each live birth that occurs in a birthing facility, the administrator of the
3763 birthing facility, or his designee, shall obtain and enter the information required under this
3764 chapter on the certificate, securing the required signatures, and filing the certificate.
3765 (b) (i) The date, time, place of birth, and required medical information shall be certified
3766 by the birthing facility administrator or his designee.
3767 (ii) The attending physician or nurse midwife may sign the certificate, but if the
3768 attending physician or nurse midwife has not signed the certificate within seven days of the
3769 date of birth, the birthing facility administrator or his designee shall enter the attending
3770 physician's or nurse midwife's name and transmit the certificate to the local registrar.
3771 (iii) The information on the certificate about the parents shall be provided and certified
3772 by the mother or father or, in their incapacity or absence, by a person with knowledge of the
3773 facts.
3774 (4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
3775 completed and filed by the physician, nurse, midwife, or other person primarily responsible for
3776 providing assistance to the mother at the birth. If there is no such person, either the presumed
3777 or declarant father shall complete and file the certificate. In his absence, the mother shall
3778 complete and file the certificate, and in the event of her death or disability, the owner or
3779 operator of the premises where the birth occurred shall do so.
3780 (b) The certificate shall be completed as fully as possible and shall include the date,
3781 time, and place of birth, the mother's name, and the signature of the person completing the

3782 certificate.
3783 (5) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
3784 administrator or director of that facility, or his designee, shall:
3785 (i) provide the birth mother and declarant father, if present, with:
3786 (A) a voluntary declaration of paternity form published by the state registrar;
3787 (B) oral and written notice to the birth mother and declarant father of the alternatives
3788 to, the legal consequences of, and the rights and responsibilities that arise from signing the
3789 declaration; and
3790 (C) the opportunity to sign the declaration;
3791 (ii) witness the signature of a birth mother or declarant father in accordance with
3792 Section [ 78-45g-302 ] 78B-15-302 if the signature occurs at the facility;
3793 (iii) enter the declarant father's information on the original birth certificate, but only if
3794 the mother and declarant father have signed a voluntary declaration of paternity or a court or
3795 administrative agency has issued an adjudication of paternity; and
3796 (iv) file the completed declaration with the original birth certificate.
3797 (b) If there is a presumed father, the voluntary declaration will only be valid if the
3798 presumed father also signs the voluntary declaration.
3799 (c) The state registrar shall file the information provided on the voluntary declaration
3800 of paternity form with the original birth certificate and may provide certified copies of the
3801 declaration of paternity as otherwise provided under Title [78] 78B, Chapter [45g] 15, Utah
3802 Uniform Parentage Act.
3803 (6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
3804 a description of the process for filing a voluntary declaration of paternity, and of the rights and
3805 responsibilities established or effected by that filing, in accordance with Title [78] 78B,
3806 Chapter [45g] 15, Utah Uniform Parentage Act.
3807 (b) Information regarding the form and services related to voluntary paternity
3808 establishment shall be made available to birthing facilities and to any other entity or individual
3809 upon request.

3810 (7) The name of a declarant father may only be included on the birth certificate of a
3811 child of unmarried parents if:
3812 (a) the mother and declarant father have signed a voluntary declaration of paternity; or
3813 (b) a court or administrative agency has issued an adjudication of paternity.
3814 (8) Voluntary declarations of paternity, adjudications of paternity by judicial or
3815 administrative agencies, and voluntary rescissions of paternity shall be filed with and
3816 maintained by the state registrar for the purpose of comparing information with the state case
3817 registry maintained by the Office of Recovery Services pursuant to Section 62A-11-104 .
3818 Section 29. Section 26-2-10 is amended to read:
3819 26-2-10. Supplementary certificate of birth.
3820 (1) Any person born in this state who is legitimized by the subsequent marriage of his
3821 natural parents, or whose parentage has been determined by any U.S. state court or Canadian
3822 provincial court having jurisdiction, or who has been legally adopted under the law of this or
3823 any other state or any province of Canada, may request the state registrar to register a
3824 supplementary certificate of birth on the basis of that status.
3825 (2) The application for registration of a supplementary certificate may be made by the
3826 person requesting registration, if he is of legal age, by a legal representative, or by any agency
3827 authorized to receive children for placement or adoption under the laws of this or any other
3828 state.
3829 (3) (a) The state registrar shall require that an applicant submit identification and proof
3830 according to department rules.
3831 (b) In the case of an adopted person, that proof may be established by order of the court
3832 in which the adoption proceedings were held.
3833 (4) (a) After the supplementary certificate is registered, any information disclosed from
3834 the record shall be from the supplementary certificate.
3835 (b) Access to the original certificate and to the evidence submitted in support of the
3836 supplementary certificate are not open to inspection except upon the order of a Utah district
3837 court or as provided under Section [ 78-30-18 ] 78B-6-144 .

3838 Section 30. Section 26-2-15 is amended to read:
3839 26-2-15. Petition for establishment of unregistered birth or death -- Court
3840 procedure.
3841 (1) A person holding a direct, tangible, and legitimate interest as described in
3842 Subsection 26-2-22 (2)(a) or (b) may petition for a court order establishing the fact, time, and
3843 place of a birth or death that is not registered or for which a certified copy of the registered
3844 birth or death certificate is not obtainable. The person shall verify the petition and file it in the
3845 Utah district court for the county where:
3846 (a) the birth or death is alleged to have occurred;
3847 (b) the person resides whose birth is to be established; or
3848 (c) the decedent named in the petition resided at the date of death.
3849 (2) In order for the court to have jurisdiction, the petition shall:
3850 (a) allege the date, time, and place of the birth or death; and
3851 (b) state either that no certificate of birth or death has been registered or that a copy of
3852 the registered certificate cannot be obtained.
3853 (3) The court shall set a hearing for five to ten days after the filing of the petition.
3854 (4) (a) If the time and place of birth or death are in question, the court shall hear
3855 available evidence and determine the time and place of the birth or death.
3856 (b) If the time and place of birth or death are not in question, the court shall determine
3857 the time and place of birth or death to be those alleged in the petition.
3858 (5) A court order under this section shall be made on a form prescribed and furnished
3859 by the department and is effective upon the filing of a certified copy of the order with the state
3860 registrar.
3861 (6) (a) For purposes of this section, the birth certificate of an adopted alien child, as
3862 defined in Section [ 78-30-8.5 ] 78B-6-108 , is considered to be unobtainable if the child was
3863 born in a country that is not recognized by department rule as having an established vital
3864 records registration system.
3865 (b) If the adopted child was born in a country recognized by department rule, but a

3866 person described in Subsection (1) is unable to obtain a certified copy of the birth certificate,
3867 the state registrar shall authorize the preparation of a birth certificate if he receives a written
3868 statement signed by the registrar of the child's birth country stating a certified copy of the birth
3869 certificate is not available.
3870 Section 31. Section 26-2-22 is amended to read:
3871 26-2-22. Inspection of vital records.
3872 (1) (a) The vital records shall be open to inspection, but only in compliance with the
3873 provisions of this chapter, department rules, and Section [ 78-30-18 ] 78B-6-144 .
3874 (b) It is unlawful for any state or local officer or employee to disclose data contained in
3875 vital records contrary to this chapter or department rule.
3876 (c) A custodian of vital records may permit inspection of a vital record or issue a
3877 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
3878 has demonstrated a direct, tangible, and legitimate interest.
3879 (2) A direct, tangible, and legitimate interest in a vital record is present only if:
3880 (a) the request is from the subject, a member of the subject's immediate family, the
3881 guardian of the subject, or a designated legal representative;
3882 (b) the request involves a personal or property right of the subject of the record;
3883 (c) the request is for official purposes of a state, local, or federal governmental agency;
3884 (d) the request is for a statistical or medical research program and prior consent has
3885 been obtained from the state registrar; or
3886 (e) the request is a certified copy of an order of a court of record specifying the record
3887 to be examined or copied.
3888 (3) For purposes of Subsection (2):
3889 (a) "immediate family member" means a spouse, child, parent, sibling, grandparent, or
3890 grandchild;
3891 (b) a designated legal representative means an attorney, physician, funeral service
3892 director, genealogist, or other agent of the subject or the subject's immediate family who has
3893 been delegated the authority to access vital records;

3894 (c) except as provided in Title [78] 78B, Chapter [30,] 6, Part 1, Utah Adoption Act, a
3895 parent, or the immediate family member of a parent, who does not have legal or physical
3896 custody of or visitation or parent-time rights for a child because of the termination of parental
3897 rights pursuant to Title [78] 78A, Chapter [3a] 6, Juvenile Court Act of 1996, or by virtue of
3898 consenting to or relinquishing a child for adoption pursuant to Title [78] 78B, Chapter [30,] 6,
3899 Part 1, Utah Adoption Act, may not be considered as having a direct, tangible, and legitimate
3900 interest; and
3901 (d) a commercial firm or agency requesting names, addresses, or similar information
3902 may not be considered as having a direct, tangible, and legitimate interest.
3903 (4) Upon payment of a fee established in accordance with Section 63-38-3.2 , the
3904 following records shall be available to the public:
3905 (a) except as provided in Subsection 26-2-10 (4)(b), a birth record, excluding
3906 confidential information collected for medical and health use, if 100 years or more have passed
3907 since the date of birth;
3908 (b) a death record if 50 years or more have passed since the date of death; and
3909 (c) a vital record not subject to Subsection (4)(a) or (b) if 75 years or more have passed
3910 since the date of the event upon which the record is based.
3911 Section 32. Section 26-2-28 is amended to read:
3912 26-2-28. Birth certificate for foreign adoptees.
3913 Upon presentation of a court order of adoption and an order establishing the fact, time,
3914 and place of birth under Section 26-2-15 , the department shall prepare a birth certificate for any
3915 person who:
3916 (1) was adopted under the laws of this state; and
3917 (2) was at the time of adoption considered an alien child for whom the court received
3918 documentary evidence of legal residence under Section [ 78-30-8.5 ] 78B-6-108 .
3919 Section 33. Section 26-3-7 is amended to read:
3920 26-3-7. Disclosure of health data -- Limitations.
3921 The department may not disclose any identifiable health data unless:

3922 (1) one of the following persons has consented to the disclosure:
3923 (a) the individual;
3924 (b) the next-of-kin if the individual is deceased;
3925 (c) the parent or legal guardian if the individual is a minor or mentally incompetent; or
3926 (d) a person holding a power of attorney covering such matters on behalf of the
3927 individual;
3928 (2) the disclosure is to a governmental entity in this or another state or the federal
3929 government, provided that:
3930 (a) the data will be used for a purpose for which they were collected by the department;
3931 and
3932 (b) the recipient enters into a written agreement satisfactory to the department agreeing
3933 to protect such data in accordance with the requirements of this chapter and department rule
3934 and not permit further disclosure without prior approval of the department;
3935 (3) the disclosure is to an individual or organization, for a specified period, solely for
3936 bona fide research and statistical purposes, determined in accordance with department rules,
3937 and the department determines that the data are required for the research and statistical
3938 purposes proposed and the requesting individual or organization enters into a written
3939 agreement satisfactory to the department to protect the data in accordance with this chapter and
3940 department rule and not permit further disclosure without prior approval of the department;
3941 (4) the disclosure is to a governmental entity for the purpose of conducting an audit,
3942 evaluation, or investigation of the department and such governmental entity agrees not to use
3943 those data for making any determination affecting the rights, benefits, or entitlements of any
3944 individual to whom the health data relates;
3945 (5) the disclosure is of specific medical or epidemiological information to authorized
3946 personnel within the department, local health departments, official health agencies in other
3947 states, the United States Public Health Service, the Centers for Disease Control and Prevention
3948 (CDC), or agencies responsible to enforce quarantine, when necessary to continue patient
3949 services or to undertake public health efforts to control communicable, infectious, acute,

3950 chronic, or any other disease or health hazard that the department considers to be dangerous or
3951 important or that may affect the public health;
3952 (6) the disclosure is of specific medical or epidemiological information to a "health
3953 care provider" as defined in Section [ 78-14-3 ] 78B-3-403 , health care personnel, or public
3954 health personnel who has a legitimate need to have access to the information in order to assist
3955 the patient or to protect the health of others closely associated with the patient. This
3956 Subsection (6) does not create a duty to warn third parties;
3957 (7) the disclosure is necessary to obtain payment from an insurer or other third-party
3958 payor in order for the department to obtain payment or to coordinate benefits for a patient; or
3959 (8) the disclosure is to the subject of the identifiable health data.
3960 Section 34. Section 26-6-6 is amended to read:
3961 26-6-6. Duty to report individual suspected of having communicable disease.
3962 The following shall report to the department or the local health department regarding
3963 any individual suffering from or suspected of having a disease that is communicable, as
3964 required by department rule:
3965 (1) health care providers as defined in Section [ 78-14-3 ] 78B-3-403 ;
3966 (2) facilities licensed under Title 26, Chapter 21, Health Care Facility Licensure and
3967 Inspection Act;
3968 (3) health care facilities operated by the federal government;
3969 (4) mental health facilities;
3970 (5) care facilities licensed by the Department of Human Services;
3971 (6) nursing homes and other care facilities;
3972 (7) dispensaries, clinics, or laboratories that diagnose, test, or otherwise care for
3973 individuals who are suffering from a disease suspected of being communicable;
3974 (8) individuals who have knowledge of others who have a communicable disease;
3975 (9) individuals in charge of schools having responsibility for any individuals who have
3976 a disease suspected of being communicable; and
3977 (10) child care programs, as defined in Section 26-39-102 .

3978 Section 35. Section 26-6-27 is amended to read:
3979 26-6-27. Information regarding communicable or reportable disease confidential
3980 -- Exceptions.
3981 (1) Information collected pursuant to this chapter in the possession of the department
3982 or local health departments relating to an individual who has or is suspected of having a disease
3983 designated by the department as a communicable or reportable disease under this chapter shall
3984 be held by the department and local health departments as strictly confidential. The department
3985 and local health departments may not release or make public that information upon subpoena,
3986 search warrant, discovery proceedings, or otherwise, except as provided by this section.
3987 (2) The information described in Subsection (1) may be released by the department or
3988 local health departments only in accordance with the requirements of this chapter and as
3989 follows:
3990 (a) specific medical or epidemiological information may be released with the written
3991 consent of the individual identified in that information or, if that individual is deceased, his
3992 next-of-kin;
3993 (b) specific medical or epidemiological information may be released to medical
3994 personnel or peace officers in a medical emergency, as determined by the department in
3995 accordance with guidelines it has established, only to the extent necessary to protect the health
3996 or life of the individual identified in the information, or of the attending medical personnel or
3997 law enforcement or public safety officers;
3998 (c) specific medical or epidemiological information may be released to authorized
3999 personnel within the department, local health departments, official health agencies in other
4000 states, the United States Public Health Service, the Centers for Disease Control and Prevention
4001 (CDC), or when necessary to continue patient services or to undertake public health efforts to
4002 interrupt the transmission of disease;
4003 (d) if the individual identified in the information is under the age of 18, the information
4004 may be released to the Division of Child and Family Services within the Department of Human
4005 Services in accordance with Section 62A-4a-403 . If that information is required in a court

4006 proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, the information
4007 shall be disclosed in camera and sealed by the court upon conclusion of the proceedings;
4008 (e) specific medical or epidemiological information may be released to authorized
4009 personnel in the department or in local health departments, and to the courts, to carry out the
4010 provisions of this title, and rules adopted by the department in accordance with this title;
4011 (f) specific medical or epidemiological information may be released to blood banks,
4012 organ and tissue banks, and similar institutions for the purpose of identifying individuals with
4013 communicable diseases. The department may, by rule, designate the diseases about which
4014 information may be disclosed under this subsection, and may choose to release the name of an
4015 infected individual to those organizations without disclosing the specific disease;
4016 (g) specific medical or epidemiological information may be released in such a way that
4017 no individual is identifiable;
4018 (h) specific medical or epidemiological information may be released to a "health care
4019 provider" as defined in Section [ 78-14-3 ] 78B-3-403 , health care personnel, and public health
4020 personnel who have a legitimate need to have access to the information in order to assist the
4021 patient, or to protect the health of others closely associated with the patient. This subsection
4022 does not create a duty to warn third parties, but is intended only to aid health care providers in
4023 their treatment and containment of infectious disease; and
4024 (i) specific medical or epidemiological information regarding a health care provider, as
4025 defined in Section [ 78-14-3 ] 78B-3-403 , may be released to the department, the appropriate
4026 local health department, and the Division of Occupational and Professional Licensing within
4027 the Department of Commerce, if the identified health care provider is endangering the safety or
4028 life of any individual by his continued practice of health care.
4029 Section 36. Section 26-6b-3.4 is amended to read:
4030 26-6b-3.4. Medical records -- Privacy protections.
4031 (1) (a) Health care providers as defined in Section [ 78-14-3 ] 78B-3-403 , health care
4032 facilities licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
4033 Act, and governmental entities, shall, when requested, provide the public health official and the

4034 individual subject to an order of restriction, a copy of medical records that are relevant to the
4035 order of restriction.
4036 (b) The records requested under Subsection (1)(a) shall be provided as soon as
4037 reasonably possible after the request is submitted to the health care provider or health care
4038 facility, or as soon as reasonably possible after the health care provider or facility receives the
4039 results of any relevant diagnostic testing of the individual.
4040 (2) (a) The production of records under the provisions of this section is for the benefit
4041 of the public health and safety of the citizens of the state. A health care provider or facility is
4042 encouraged to provide copies of medical records or other records necessary to carry out the
4043 purpose of this chapter free of charge.
4044 (b) Notwithstanding the provisions of Subsection (2)(c), a health care facility that is a
4045 state governmental entity shall provide medical records or other records necessary to carry out
4046 the purposes of this chapter, free of charge.
4047 (c) If a health care provider or health care facility does not provide medical records free
4048 of charge under the provisions of Subsection (2)(a) or (b), the health care provider or facility
4049 may charge a fee for the records that does not exceed the presumed reasonable charges
4050 established for workers' compensation by administrative rule adopted by the Labor
4051 Commission.
4052 (3) Medical records held by a court related to orders of restriction under this chapter
4053 shall be sealed by the district court.
4054 Section 37. Section 26-21-9.5 is amended to read:
4055 26-21-9.5. Criminal background check and Licensing Information System check.
4056 (1) For purposes of this section:
4057 (a) "Covered health care facility" means:
4058 (i) home health care agencies;
4059 (ii) hospices;
4060 (iii) nursing care facilities;
4061 (iv) assisted-living facilities;

4062 (v) small health care facilities; and
4063 (vi) end stage renal disease facilities.
4064 (b) "Covered person" includes:
4065 (i) the following people who provide direct patient care:
4066 (A) employees;
4067 (B) volunteers; and
4068 (C) people under contract with the facility; and
4069 (ii) for residential settings, any individual residing in the home where the assisted
4070 living or small health care program is to be licensed who:
4071 (A) is 18 years of age or older; or
4072 (B) is a child between the age of 12 and 17 years of age; however, the identifying
4073 information required for a child between the age of 12 and 17 does not include fingerprints.
4074 (2) In addition to the licensing requirements of Sections 26-21-8 and 26-21-9 , a
4075 covered health care facility at the time of initial application for a license and license renewal
4076 shall:
4077 (a) submit the name and other identifying information of each covered person at the
4078 covered facility who:
4079 (i) provides direct care to a patient; and
4080 (ii) has been the subject of a criminal background check within the preceding
4081 three-year period by a public or private entity recognized by the department; and
4082 (b) submit the name and other identifying information, which may include fingerprints,
4083 of each covered person at the covered facility who has not been the subject of a criminal
4084 background check in accordance with Subsection (1)(a)(ii).
4085 (3) (a) The department shall forward the information received under Subsection (2)(b)
4086 to the Criminal Investigations and Technical Services Division of the Department of Public
4087 Safety for processing to determine whether the covered individual has been convicted of any
4088 crime.
4089 (b) Except for individuals described in Subsection (1)(b)(ii)(B), if an individual has not

4090 had residency in Utah for the last five years, the individual shall submit fingerprints for an FBI
4091 national criminal history record check. The fingerprints shall be submitted to the FBI through
4092 the Criminal Investigations and Technical Services Division. The individual or licensee is
4093 responsible for the cost of the fingerprinting and national criminal history check.
4094 (4) The department may determine whether:
4095 (a) an individual whose name and other identifying information has been submitted
4096 pursuant to Subsection (2) and who provides direct care to children is listed in the Licensing
4097 Information System described in Section 62A-4a-1006 or has a substantiated finding by a court
4098 of a severe type of child abuse or neglect under Section [ 78-3a-320 ] 78A-6-323 , if
4099 identification as a possible perpetrator of child abuse or neglect is relevant to the employment
4100 activities of that individual;
4101 (b) an individual whose name and other identifying information has been submitted
4102 pursuant to Subsection (2) and who provides direct care to disabled or elder adults, or who is
4103 residing in a residential home that is a facility licensed to provide direct care to disabled or
4104 elder adults has a substantiated finding of abuse, neglect, or exploitation of a disabled or elder
4105 adult by accessing in accordance with Subsection (5) the database created in Section
4106 62A-3-311.1 if identification as a possible perpetrator of disabled or elder adult abuse, neglect,
4107 or exploitation is relevant to the employment activities or residence of that person; or
4108 (c) an individual whose name or other identifying information has been submitted
4109 pursuant to Subsection (2) has been adjudicated in a juvenile court of committing an act which
4110 if committed by an adult would be a felony or a misdemeanor if:
4111 (i) the individual is under the age of 28 years; or
4112 (ii) the individual is over the age of 28 and has been convicted, has pleaded no contest,
4113 or is currently subject to a plea in abeyance or diversion agreement for any felony or
4114 misdemeanor.
4115 (5) (a) The department shall:
4116 (i) designate two persons within the department to access:
4117 (A) the Licensing Information System described in Section 62A-4a-1006 ;

4118 (B) court records under Subsection [ 78-3a-320 ] 78A-6-323 (6);
4119 (C) the database described in Subsection (4)(b); and
4120 (D) juvenile court records as permitted by Subsection (4)(c); and
4121 (ii) adopt measures to:
4122 (A) protect the security of the Licensing Information System, the court records, and the
4123 database; and
4124 (B) strictly limit access to the Licensing Information System, the court records, and the
4125 database to those designated under Subsection (5)(a)(i).
4126 (b) Those designated under Subsection (5)(a)(i) shall receive training from the
4127 Department of Human Services with respect to:
4128 (i) accessing the Licensing Information System, the court records, and the database;
4129 (ii) maintaining strict security; and
4130 (iii) the criminal provisions in Section 62A-4a-412 for the improper release of
4131 information.
4132 (c) Those designated under Subsection (5)(a)(i):
4133 (i) are the only ones in the department with the authority to access the Licensing
4134 Information System, the court records, and database; and
4135 (ii) may only access the Licensing Information System, the court records, and the
4136 database for the purpose of licensing and in accordance with the provisions of Subsection (4).
4137 (6) Within ten days of initially hiring a covered individual, a covered health care
4138 facility shall submit the covered individual's information to the department in accordance with
4139 Subsection (2).
4140 (7) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
4141 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
4142 who has been convicted of a criminal offense, or a person described in Subsection (4), may
4143 provide direct care to a patient in a covered health care facility, taking into account the nature
4144 of the criminal conviction or substantiated finding and its relation to patient care.
4145 (8) The department may, in accordance with Section 26-1-6 , assess reasonable fees for

4146 a criminal background check processed pursuant to this section.
4147 (9) The department may inform the covered health care facility of information
4148 discovered under Subsection (4) with respect to a covered individual.
4149 (10) A covered health care facility is not civilly liable for submitting information to the
4150 department as required by this section.
4151 Section 38. Section 26-23b-102 is amended to read:
4152 26-23b-102. Definitions.
4153 As used in this chapter:
4154 (1) "Bioterrorism" means:
4155 (a) the intentional use of any microorganism, virus, infectious substance, or biological
4156 product to cause death, disease, or other biological malfunction in a human, an animal, a plant,
4157 or another living organism in order to influence, intimidate, or coerce the conduct of
4158 government or a civilian population; and
4159 (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
4160 fevers.
4161 (2) "Department" means the Department of Health created in Section 26-1-4 and a
4162 local health department as defined in Section 26A-1-102 .
4163 (3) "Diagnostic information" means a clinical facility's record of individuals who
4164 present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
4165 final diagnosis, and any pertinent lab results.
4166 (4) "Epidemic or pandemic disease":
4167 (a) means the occurrence in a community or region of cases of an illness clearly in
4168 excess of normal expectancy; and
4169 (b) includes diseases designated by the Department of Health which have the potential
4170 to cause serious illness or death.
4171 (5) "Health care provider" shall have the meaning provided for in Section [ 78-14-3 ]
4172 78B-3-403 .
4173 (6) "Public health emergency" means an occurrence or imminent credible threat of an

4174 illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and
4175 highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant
4176 number of human fatalities or incidents of permanent or long-term disability. Such illness or
4177 health condition includes an illness or health condition resulting from a natural disaster.
4178 (7) "Reportable emergency illness and health condition" includes the diseases,
4179 conditions, or syndromes designated by the Utah Department of Health.
4180 Section 39. Section 26-25-1 is amended to read:
4181 26-25-1. Authority to provide data on treatment and condition of persons to
4182 designated agencies -- Immunity from liability.
4183 (1) Any person, health facility, or other organization may, without incurring liability,
4184 provide the following information to the persons and entities described in Subsection (2):
4185 (a) information as determined by the state registrar of vital records appointed under
4186 Title 26, Chapter 2, Utah Vital Statistics Act;
4187 (b) interviews;
4188 (c) reports;
4189 (d) statements;
4190 (e) memoranda;
4191 (f) familial information; and
4192 (g) other data relating to the condition and treatment of any person.
4193 (2) The information described in Subsection (1) may be provided to:
4194 (a) the department and local health departments;
4195 (b) the Division of Substance Abuse and Mental Health within the Department of
4196 Human Services;
4197 (c) scientific and health care research organizations affiliated with institutions of higher
4198 education;
4199 (d) the Utah Medical Association or any of its allied medical societies;
4200 (e) peer review committees;
4201 (f) professional review organizations;

4202 (g) professional societies and associations; and
4203 (h) any health facility's in-house staff committee for the uses described in Subsection
4204 (3).
4205 (3) The information described in Subsection (1) may be provided for the following
4206 purposes:
4207 (a) study and advancing medical research, with the purpose of reducing the incidence
4208 of disease, morbidity, or mortality; or
4209 (b) the evaluation and improvement of hospital and health care rendered by hospitals,
4210 health facilities, or health care providers.
4211 (4) Any person may, without incurring liability, provide information, interviews,
4212 reports, statements, memoranda, or other information relating to the ethical conduct of any
4213 health care provider to peer review committees, professional societies and associations, or any
4214 in-hospital staff committee to be used for purposes of intraprofessional society or association
4215 discipline.
4216 (5) No liability may arise against any person or organization as a result of:
4217 (a) providing information or material authorized in this section;
4218 (b) releasing or publishing findings and conclusions of groups referred to in this
4219 section to advance health research and health education; or
4220 (c) releasing or publishing a summary of these studies in accordance with this chapter.
4221 (6) As used in this chapter:
4222 (a) "health care provider" has the meaning set forth in Section [ 78-14-3 ] 78B-3-403 ;
4223 and
4224 (b) "health care facility" has the meaning set forth in Section 26-21-2 .
4225 Section 40. Section 26A-1-121 is amended to read:
4226 26A-1-121. Standards and regulations adopted by local board -- Administrative
4227 and judicial review of actions.
4228 (1) (a) The board may make standards and regulations not in conflict with rules of the
4229 Departments of Health and Environmental Quality and necessary for the promotion of public

4230 health, environmental health quality, injury control, and the prevention of outbreaks and spread
4231 of communicable and infectious diseases.
4232 (b) The standards and regulations supersede existing local standards, regulations, and
4233 ordinances pertaining to similar subject matter.
4234 (c) The board shall provide public hearings prior to the adoption of any regulation or
4235 standard. Notice of any public hearing shall be published at least twice throughout the county
4236 or counties served by the local health department. The publication may be in one or more
4237 newspapers, so long as notice is provided in accordance with this Subsection (1)(c).
4238 (d) The hearings may be conducted by the board at a regular or special meeting, or the
4239 board may appoint hearing officers who may conduct hearings in the name of the board at a
4240 designated time and place.
4241 (e) A record or summary of the proceedings of any hearing shall be taken and filed
4242 with the board.
4243 (2) (a) Any person aggrieved by any action or inaction of the local health department
4244 relating to the public health shall have an opportunity for a hearing with the local health officer
4245 or a designated representative of the local health department. The board shall grant a
4246 subsequent hearing to the person upon his request in writing.
4247 (b) In any adjudicative hearing, a member of the board or the hearing officer may
4248 administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
4249 of the board requiring the testimony of witnesses and the production of evidence relevant to
4250 any matter in the hearing. A written record shall be made of the hearing, including findings of
4251 facts and conclusions of law.
4252 (c) Judicial review of a final determination of the local board may be secured by any
4253 person adversely affected by the final determination, or by the Departments of Health or
4254 Environmental Quality, by filing a petition in the district court within 30 days after receipt of
4255 notice of the board's final determination.
4256 (d) The petition shall be served upon the secretary of the board and shall state the
4257 grounds upon which review is sought.

4258 (e) The board in its answer shall certify and file with the court all documents and
4259 papers and a transcript of all testimony taken in the matter together with its findings of fact,
4260 conclusions of law, and order.
4261 (f) The appellant and the board are parties to the appeal.
4262 (g) The Departments of Health and Environmental Quality may become a party by
4263 intervention as in a civil action upon showing cause.
4264 (h) A further appeal may be taken to the Court of Appeals under Section [ 78-2a-3 ]
4265 78A-4-103 .
4266 Section 41. Section 30-1-17.2 is amended to read:
4267 30-1-17.2. Action to determine validity of marriage -- Orders relating to parties,
4268 property, and children -- Presumption of paternity in marriage.
4269 (1) If the parties have accumulated any property or acquired any obligations subsequent
4270 to the marriage, if there is a genuine need arising from an economic change of circumstances
4271 due to the marriage, or if there are children born or expected, the court may make temporary
4272 and final orders, and subsequently modify the orders, relating to the parties, their property and
4273 obligations, the children and their custody and parent-time, and the support and maintenance of
4274 the parties and children, as may be equitable.
4275 (2) A man is presumed to be the father of a child if:
4276 (a) he and the mother of the child are married to each other and the child is born during
4277 the marriage;
4278 (b) he and the mother of the child were married to each other and the child is born
4279 within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
4280 or divorce, or after a decree of separation;
4281 (c) before the birth of the child, he and the mother of the child married each other in
4282 apparent compliance with law, even if the attempted marriage is, or could be, declared invalid
4283 and the child is born during the invalid marriage or within 300 days after its termination by
4284 death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or
4285 (d) after the birth of the child, he and the mother of the child have married each other

4286 in apparent compliance with law, whether or not the marriage is, or could be declared, invalid,
4287 he voluntarily asserted his paternity of the child, and there is no other presumptive father of the
4288 child, and:
4289 (i) the assertion is in a record filed with the state registrar;
4290 (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
4291 (iii) he promised in a record to support the child as his own.
4292 (3) If the child was born at the time of entry of a divorce decree, other children are
4293 named as children of the marriage, but that child is specifically not named, the husband is not
4294 presumed to be the father of the child not named in the order.
4295 (4) A presumption of paternity established under this section may only be rebutted in
4296 accordance with Section [ 78-45g-607 ] 78B-15-607 .
4297 (5) A final order or decree issued by a tribunal in which paternity is adjudicated may
4298 not be set aside unless the court finds that one of the parties perpetrated a fraud in the
4299 establishment of the paternity and another party did not know or could not reasonably have
4300 known of the fraud at the time of the entry of the order. The party who committed the fraud
4301 may not bring the action.
4302 Section 42. Section 30-2-5 is amended to read:
4303 30-2-5. Separate debts.
4304 (1) Neither spouse is personally liable for the separate debts, obligations, or liabilities
4305 of the other:
4306 (a) contracted or incurred before marriage;
4307 (b) contracted or incurred during marriage, except family expenses as provided in
4308 Section 30-2-9 ;
4309 (c) contracted or incurred after divorce or an order for separate maintenance under this
4310 title, except the spouse is personally liable for that portion of the expenses incurred on behalf
4311 of a minor child for reasonable and necessary medical and dental expenses, and other similar
4312 necessities as provided in a court order under Section 30-3-5 , 30-4-3 , or [ 78-45-7.15 ]
4313 78B-12-212 , or an administrative order under Section 62A-11-326 ; or

4314 (d) ordered by the court to be paid by the other spouse under Section 30-3-5 or 30-4-3
4315 and not in conflict with Section 15-4-6.5 or 15-4-6.7 .
4316 (2) The wages, earnings, property, rents, or other income of one spouse may not be
4317 reached by a creditor of the other spouse to satisfy a debt, obligation, or liability of the other
4318 spouse, as described under Subsection (1).
4319 Section 43. Section 30-2-11 is amended to read:
4320 30-2-11. Action for consortium due to personal injury.
4321 (1) For purposes of this section:
4322 (a) "injury" or "injured" means a significant permanent injury to a person that
4323 substantially changes that person's lifestyle and includes the following:
4324 (i) a partial or complete paralysis of one or more of the extremities;
4325 (ii) significant disfigurement; or
4326 (iii) incapability of the person of performing the types of jobs the person performed
4327 before the injury; and
4328 (b) "spouse" means the legal relationship:
4329 (i) established between a man and a woman as recognized by the laws of this state; and
4330 (ii) existing at the time of the person's injury.
4331 (2) The spouse of a person injured by a third party on or after May 4, 1997, may
4332 maintain an action against the third party to recover for loss of consortium.
4333 (3) A claim for loss of consortium begins on the date of injury to the spouse. The
4334 statute of limitations applicable to the injured person shall also apply to the spouse's claim of
4335 loss of consortium.
4336 (4) A claim for the spouse's loss of consortium shall be:
4337 (a) made at the time the claim of the injured person is made and joinder of actions shall
4338 be compulsory; and
4339 (b) subject to the same defenses, limitations, immunities, and provisions applicable to
4340 the claims of the injured person.
4341 (5) The spouse's action for loss of consortium:

4342 (a) shall be derivative from the cause of action existing in behalf of the injured person;
4343 and
4344 (b) may not exist in cases where the injured person would not have a cause of action.
4345 (6) Fault of the spouse of the injured person, as well as fault of the injured person, shall
4346 be compared with the fault of all other parties, pursuant to Sections [ 78-27-37 ] 78B-5-817
4347 through [ 78-27-43 ] 78B-5-823 , for purposes of reducing or barring any recovery by the spouse
4348 for loss of consortium.
4349 (7) Damages awarded for loss of consortium, when combined with any award to the
4350 injured person for general damages, may not exceed any applicable statutory limit on
4351 noneconomic damages, including Section [ 78-14-7.1 ] 78B-3-410 .
4352 (8) Damages awarded for loss of consortium which a governmental entity is required to
4353 pay, when combined with any award to the injured person which a governmental entity is
4354 required to pay, may not exceed the liability limit for one person in any one occurrence under
4355 Title 63, Chapter 30d, Governmental Immunity Act of Utah.
4356 Section 44. Section 30-3-3 is amended to read:
4357 30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
4358 (1) In any action filed under Title 30, Chapter 3, [4, or 6] Divorce, Chapter 4, Separate
4359 Maintenance, or Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, and in any action to
4360 establish an order of custody, parent-time, child support, alimony, or division of property in a
4361 domestic case, the court may order a party to pay the costs, attorney fees, and witness fees,
4362 including expert witness fees, of the other party to enable the other party to prosecute or defend
4363 the action. The order may include provision for costs of the action.
4364 (2) In any action to enforce an order of custody, parent-time, child support, alimony, or
4365 division of property in a domestic case, the court may award costs and attorney fees upon
4366 determining that the party substantially prevailed upon the claim or defense. The court, in its
4367 discretion, may award no fees or limited fees against a party if the court finds the party is
4368 impecunious or enters in the record the reason for not awarding fees.
4369 (3) In any action listed in Subsection (1), the court may order a party to provide money,

4370 during the pendency of the action, for the separate support and maintenance of the other party
4371 and of any children in the custody of the other party.
4372 (4) Orders entered under this section prior to entry of the final order or judgment may
4373 be amended during the course of the action or in the final order or judgment.
4374 Section 45. Section 30-3-4 is amended to read:
4375 30-3-4. Pleadings -- Decree -- Use of affidavit -- Private records.
4376 (1) (a) The complaint shall be in writing and signed by the petitioner or petitioner's
4377 attorney.
4378 (b) A decree of divorce may not be granted upon default or otherwise except upon legal
4379 evidence taken in the cause. If the decree is to be entered upon the default of the respondent,
4380 evidence to support the decree may be submitted upon the affidavit of the petitioner with the
4381 approval of the court.
4382 (c) If the petitioner and the respondent have a child or children, a decree of divorce
4383 may not be granted until both parties have attended the mandatory course described in Section
4384 30-3-11.3 , and have presented a certificate of course completion to the court. The court may
4385 waive this requirement, on its own motion or on the motion of one of the parties, if it
4386 determines course attendance and completion are not necessary, appropriate, feasible, or in the
4387 best interest of the parties.
4388 (d) All hearings and trials for divorce shall be held before the court or the court
4389 commissioner as provided by Section [ 78-3-31 ] 78A-5-107 and rules of the Judicial Council.
4390 The court or the commissioner in all divorce cases shall enter the decree upon the evidence or,
4391 in the case of a decree after default of the respondent, upon the petitioner's affidavit.
4392 (2) (a) A party to an action brought under this title or to an action under Title [78] 78B,
4393 Chapter [45, Uniform Civil Liability for] 12, Utah Child Support Act, Title [78] 78B, Chapter
4394 [45c] 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, Title [78] 78B,
4395 Chapter [45f] 14, Uniform Interstate Family Support Act, Title [78] 78B, Chapter [45g] 15,
4396 Utah Uniform Parentage Act, or to an action to modify or enforce a judgment in the action may
4397 file a motion to have the file other than the final judgment, order, or decree classified as

4398 private.
4399 (b) If the court finds that there are substantial interests favoring restricting access that
4400 clearly outweigh the interests favoring access, the court may classify the file, or any part
4401 thereof other than the final order, judgment, or decree, as private. An order classifying part of
4402 the file as private does not apply to subsequent filings.
4403 (c) The record is private until the judge determines it is possible to release the record
4404 without prejudice to the interests that justified the closure. Any interested person may petition
4405 the court to permit access to a record classified as private under this section. The petition shall
4406 be served on the parties to the closure order.
4407 Section 46. Section 30-3-5.2 is amended to read:
4408 30-3-5.2. Allegations of child abuse or child sexual abuse -- Investigation.
4409 When, in any divorce proceeding or upon a request for modification of a divorce
4410 decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the
4411 court, after making an inquiry, may order that an investigation be conducted by the Division of
4412 Child and Family Services within the Department of Human Services in accordance with Title
4413 62A, Chapter 4a. A final award of custody or parent-time may not be rendered until a report on
4414 that investigation, consistent with Section 62A-4a-412 , is received by the court. That
4415 investigation shall be conducted by the Division of Child and Family Services within 30 days
4416 of the court's notice and request for an investigation. In reviewing this report, the court shall
4417 comply with Section [ 78-7-9 ] 78A-2-227 .
4418 Section 47. Section 30-3-10 is amended to read:
4419 30-3-10. Custody of children in case of separation or divorce -- Custody
4420 consideration.
4421 (1) If a husband and wife having minor children are separated, or their marriage is
4422 declared void or dissolved, the court shall make an order for the future care and custody of the
4423 minor children as it considers appropriate.
4424 (a) In determining any form of custody, the court shall consider the best interests of the
4425 child and, among other factors the court finds relevant, the following:

4426 (i) the past conduct and demonstrated moral standards of each of the parties;
4427 (ii) which parent is most likely to act in the best interest of the child, including
4428 allowing the child frequent and continuing contact with the noncustodial parent;
4429 (iii) the extent of bonding between the parent and child, meaning the depth, quality,
4430 and nature of the relationship between a parent and child; and
4431 (iv) those factors outlined in Section 30-3-10.2 .
4432 (b) The court shall, in every case, consider joint custody but may award any form of
4433 custody which is determined to be in the best interest of the child.
4434 (c) The children may not be required by either party to testify unless the trier of fact
4435 determines that extenuating circumstances exist that would necessitate the testimony of the
4436 children be heard and there is no other reasonable method to present their testimony.
4437 (d) The court may inquire of the children and take into consideration the children's
4438 desires regarding future custody or parent-time schedules, but the expressed desires are not
4439 controlling and the court may determine the children's custody or parent-time otherwise. The
4440 desires of a child 16 years of age or older shall be given added weight, but is not the single
4441 controlling factor.
4442 (e) If interviews with the children are conducted by the court pursuant to Subsection
4443 (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be
4444 obtained but is not necessary if the court finds that an interview with the children is the only
4445 method to ascertain the child's desires regarding custody.
4446 (2) In awarding custody, the court shall consider, among other factors the court finds
4447 relevant, which parent is most likely to act in the best interests of the child, including allowing
4448 the child frequent and continuing contact with the noncustodial parent as the court finds
4449 appropriate.
4450 (3) If the court finds that one parent does not desire custody of the child, or has
4451 attempted to permanently relinquish custody to a third party, it shall take that evidence into
4452 consideration in determining whether to award custody to the other parent.
4453 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a

4454 parent due to a disability, as defined in Section 57-21-2 , in awarding custody or determining
4455 whether a substantial change has occurred for the purpose of modifying an award of custody.
4456 (b) If a court takes a parent's disability into account in awarding custody or determining
4457 whether a substantial change has occurred for the purpose of modifying an award of custody,
4458 the parent with a disability may rebut any evidence, presumption, or inference arising from the
4459 disability by showing that:
4460 (i) the disability does not significantly or substantially inhibit the parent's ability to
4461 provide for the physical and emotional needs of the child at issue; or
4462 (ii) the parent with a disability has sufficient human, monetary, or other resources
4463 available to supplement the parent's ability to provide for the physical and emotional needs of
4464 the child at issue.
4465 (c) Nothing in this section may be construed to apply to adoption proceedings under
4466 Title [78] 78B, Chapter [30,] 6, Part 1, Utah Adoption Act.
4467 (5) This section establishes neither a preference nor a presumption for or against joint
4468 legal custody, joint physical custody, or sole custody, but allows the court and the family the
4469 widest discretion to choose a parenting plan that is in the best interest of the child.
4470 Section 48. Section 30-3-10.5 is amended to read:
4471 30-3-10.5. Payments of support, maintenance, and alimony.
4472 (1) All monthly payments of support, maintenance, or alimony provided for in the order
4473 or decree shall be due on the first day of each month for purposes of Section [ 78-45-9.3 ]
4474 78B-12-112 , child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of
4475 Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income
4476 Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A,
4477 Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
4478 (2) For purposes of child support services and income withholding pursuant to Title
4479 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day
4480 of the following month.
4481 (3) For purposes other than those specified in Subsections (1) and (2), support shall be

4482 payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the
4483 order or decree provides for a different time for payment.
4484 Section 49. Section 30-3-15.3 is amended to read:
4485 30-3-15.3. Commissioners -- Powers.
4486 Commissioners shall:
4487 (1) secure compliance with court orders;
4488 (2) require attendance at the mandatory course as provided in Section 30-3-11.3 ;
4489 (3) serve as judge pro tempore, master or referee on:
4490 (a) assignment of the court; and
4491 (b) with the written consent of the parties:
4492 (i) orders to show cause where no contempt is alleged;
4493 (ii) default divorces where the parties have had marriage counseling but there has been
4494 no reconciliation;
4495 (iii) uncontested actions under Title [78] 78B, Chapter [45g] 15, Utah Uniform
4496 Parentage Act;
4497 (iv) actions under Title [78] 78B, Chapter [45, Uniform Civil Liability for] 12, Utah
4498 Child Support Act; and
4499 (v) actions under Title [78] 78B, Chapter [45f] 14, Uniform Interstate Family Support
4500 Act; and
4501 (4) represent the interest of children in divorce or annulment actions, and the parties in
4502 appropriate cases.
4503 Section 50. Section 30-3-17.1 is amended to read:
4504 30-3-17.1. Proceedings considered confidential -- Written evaluation by
4505 counselor.
4506 The petition for conciliation and all communications, verbal or written, from the parties
4507 to the domestic relations counselors or other personnel of the conciliation department in
4508 counseling or conciliation proceedings shall be deemed to be made in official confidence
4509 within the meaning of Section [ 78-24-8 ] 78B-1-137 and shall not be admissible or usable for

4510 any purpose in any divorce hearing or other proceeding. However, the marriage counselor may
4511 submit to the appropriate court a written evaluation of the prospects or prognosis of a particular
4512 marriage without divulging facts or revealing confidential disclosures.
4513 Section 51. Section 30-3-32 is amended to read:
4514 30-3-32. Parent-time -- Intent -- Policy -- Definitions.
4515 (1) It is the intent of the Legislature to promote parent-time at a level consistent with
4516 all parties' interests.
4517 (2) (a) A court shall consider as primary the safety and well-being of the child and the
4518 parent who is the victim of domestic or family violence.
4519 (b) Absent a showing by a preponderance of evidence of real harm or substantiated
4520 potential harm to the child:
4521 (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
4522 have frequent, meaningful, and continuing access to each parent following separation or
4523 divorce;
4524 (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
4525 frequent, meaningful, and continuing access with his child consistent with the child's best
4526 interests; and
4527 (iii) it is in the best interests of the child to have both parents actively involved in
4528 parenting the child.
4529 (c) An order issued by a court pursuant to Title [30] 78B, Chapter [6] 7, Part 1,
4530 Cohabitant Abuse Act shall be considered evidence of real harm or substantiated potential
4531 harm to the child.
4532 (3) For purposes of Sections 30-3-32 through 30-3-37 :
4533 (a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
4534 (b) "Christmas school vacation" means the time period beginning on the evening the
4535 child gets out of school for the Christmas or winter school break until the evening before the
4536 child returns to school, except for Christmas Eve and Christmas Day.
4537 (c) "Extended parent-time" means a period of parent-time other than a weekend,

4538 holiday as provided in Subsections 30-3-35 (2)(f) and (2)(g), religious holidays as provided in
4539 Subsections 30-3-33 (3) and (15), and "Christmas school vacation."
4540 (d) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
4541 email, instant messaging, video conferencing, and other wired or wireless technologies over the
4542 Internet or other communication media to supplement in-person visits between a noncustodial
4543 parent and a child or between a child and the custodial parent when the child is staying with the
4544 noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
4545 parent-time.
4546 (4) If a parent relocates because of an act of domestic violence or family violence by
4547 the other parent, the court shall make specific findings and orders with regards to the
4548 application of Section 30-3-37 .
4549 Section 52. Section 30-3-39 is amended to read:
4550 30-3-39. Mediation program.
4551 (1) There is established a mandatory domestic mediation program to help reduce the
4552 time and tensions associated with obtaining a divorce.
4553 (2) If, after the filing of an answer to a complaint of divorce, there are any remaining
4554 contested issues, the parties shall participate in good faith in at least one session of mediation.
4555 This requirement does not preclude the entry of pretrial orders before mediation takes place.
4556 (3) The parties shall use a mediator qualified to mediate domestic disputes under
4557 criteria established by the Judicial Council in accordance with Section [ 78-31b-5 ] 78B-6-205 .
4558 (4) Unless otherwise ordered by the court or the parties agree upon a different payment
4559 arrangement, the cost of mediation shall be divided equally between the parties.
4560 (5) The director of dispute resolution programs for the courts, the court, or the
4561 mediator may excuse either party from the requirement to mediate for good cause.
4562 (6) Mediation shall be conducted in accordance with the Utah Rules of Court-Annexed
4563 Alternative Dispute Resolution.
4564 Section 53. Section 31A-2-304 is amended to read:
4565 31A-2-304. Auxiliary procedural powers.

4566 The commissioner, or his delegate authorized for a particular matter over his
4567 handwritten signature, may administer oaths, take testimony, issue subpoenas, and take
4568 depositions in connection with any hearing, meeting, examination, investigation, or other
4569 proceeding that the commissioner may conduct. The subpoena shall have the same effect and
4570 shall be served in the same manner as if issued from a court of record. Sections [ 78-24-7 ]
4571 78B-1-131 and [ 78-32-15 ] 78B-6-313 apply to the enforcement of the process issued by the
4572 commissioner or his delegate.
4573 Section 54. Section 31A-4-106 is amended to read:
4574 31A-4-106. Provision of health care.
4575 (1) As used in this section, "health care provider" has the same definition as in Section
4576 [ 78-14-3 ] 78B-3-403 .
4577 (2) Except under Subsection (3) or (4), a person may not directly or indirectly provide
4578 health care, or arrange for, manage, or administer the provision or arrangement of, collect
4579 advance payments for, or compensate providers of health care unless authorized to do so or
4580 employed by someone authorized to do so under Chapter 5, 7, 8, 9, or 14.
4581 (3) Subsection (2) does not apply to:
4582 (a) a natural person or professional corporation that alone or with others professionally
4583 associated with the natural person or professional corporation, and without receiving
4584 consideration for services in advance of the need for a particular service, provides the service
4585 personally with the aid of nonprofessional assistants;
4586 (b) a health care facility as defined in Section 26-21-2 which:
4587 (i) is licensed or exempt from licensing under Title 26, Chapter 21; and
4588 (ii) does not engage in health care insurance as defined under Section 31A-1-301 ;
4589 (c) a person who files with the commissioner under Section 31A-1-105 a certificate
4590 from the United States Department of Labor, or other evidence satisfactory to the
4591 commissioner, showing that the laws of Utah are preempted under Section 514 of the
4592 Employee Retirement Income Security Act of 1974 or other federal law;
4593 (d) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers,

4594 Consultants, and Reinsurance Intermediaries, who has arranged for the insurance of all services
4595 under:
4596 (i) Subsection (2) by an insurer authorized to do business in Utah;
4597 (ii) Section 31A-15-103 ; or
4598 (iii) works for an uninsured employer that complies with Chapter 13; or
4599 (e) an employer that self-funds its obligations to provide health care services or
4600 indemnity for its employees if the employer complies with Chapter 13.
4601 (4) A person may not provide administrative or management services for any other
4602 person subject to Subsection (2) and not exempt under Subsection (3) unless the person is an
4603 authorized insurer under Chapter 5, 7, 8, 9, or 14, or complies with Chapter 25.
4604 (5) It is unlawful for any insurer or person providing, administering, or managing
4605 health care insurance under Chapter 5, 7, 8, 9, or 14 to enter into a contract that limits a health
4606 care provider's ability to advise the health care provider's patients or clients fully about
4607 treatment options or other issues that affect the health care of the health care provider's patients
4608 or clients.
4609 Section 55. Section 31A-8a-102 is amended to read:
4610 31A-8a-102. Definitions.
4611 For purposes of this chapter:
4612 (1) "Fee" means any periodic charge for use of a discount program.
4613 (2) "Health care provider" means a health care provider as defined in Section [ 78-14-3 ]
4614 78B-3-403 who:
4615 (a) is practicing within the scope of the provider's license; and
4616 (b) has agreed either directly or indirectly, by contract or any other arrangement with a
4617 health discount program operator, to provide a discount to enrollees of a health discount
4618 program.
4619 (3) "Health discount program" means a business arrangement or contract in which a
4620 person pays fees, dues, charges, or other consideration in exchange for a program that provides
4621 access to health care providers who agree to provide a discount for health care services.

4622 (4) "Operates a health discount program" or "health discount program operator" means
4623 to:
4624 (a) enter into a contract or agreement either directly or indirectly with a health care
4625 provider in this state which the health care provider agrees to provide discounts to enrollees of
4626 the health discount program;
4627 (b) enter into a contract or agreement either directly or indirectly with a person in this
4628 state to provide access to more than one health care provider who has agreed to provide
4629 discounts for medical services to enrollees of the health discount program;
4630 (c) sell or distribute a health discount program in this state; or
4631 (d) place your name on and market or promote a health discount program in this state.
4632 (5) "Value-added benefit" means a discount offering with no additional charge made by
4633 a health insurer or health maintenance organization that is licensed under this title, in
4634 connection with existing contracts with the health insurer or health maintenance organization.
4635 Section 56. Section 31A-21-313 is amended to read:
4636 31A-21-313. Limitation of actions.
4637 (1) An action on a written policy or contract of first party insurance must be
4638 commenced within three years after the inception of the loss.
4639 (2) Except as provided in Subsection (1) or elsewhere in this title, the law applicable to
4640 limitation of actions in Title [78] 78B, Chapter [12, Limitation of Actions] 2, Statutes of
4641 Limitations, applies to actions on insurance policies.
4642 (3) An insurance policy may not:
4643 (a) limit the time for beginning an action on the policy to a time less than that
4644 authorized by statute;
4645 (b) prescribe in what court an action may be brought on the policy; or
4646 (c) provide that no action may be brought, subject to permissible arbitration provisions
4647 in contracts.
4648 (4) Unless by verified complaint it is alleged that prejudice to the complainant will
4649 arise from a delay in bringing suit against an insurer, which prejudice is other than the delay

4650 itself, no action may be brought against an insurer on an insurance policy to compel payment
4651 under the policy until the earlier of:
4652 (a) 60 days after proof of loss has been furnished as required under the policy;
4653 (b) waiver by the insurer of proof of loss; or
4654 (c) the insurer's denial of full payment.
4655 (5) The period of limitation is tolled during the period in which the parties conduct an
4656 appraisal or arbitration procedure prescribed by the insurance policy, by law, or as agreed to by
4657 the parties.
4658 Section 57. Section 31A-22-303 is amended to read:
4659 31A-22-303. Motor vehicle liability coverage.
4660 (1) (a) In addition to complying with the requirements of Chapter 21, Insurance
4661 Contracts in General, and Chapter 22, Part 2, Liability Insurance in General, a policy of motor
4662 vehicle liability coverage under Subsection 31A-22-302 (1)(a) shall:
4663 (i) name the motor vehicle owner or operator in whose name the policy was purchased,
4664 state that named insured's address, the coverage afforded, the premium charged, the policy
4665 period, and the limits of liability;
4666 (ii) (A) if it is an owner's policy, designate by appropriate reference all the motor
4667 vehicles on which coverage is granted, insure the person named in the policy, insure any other
4668 person using any named motor vehicle with the express or implied permission of the named
4669 insured, and, except as provided in Subsection (7), insure any person included in Subsection
4670 (1)(a)(iii) against loss from the liability imposed by law for damages arising out of the
4671 ownership, maintenance, or use of these motor vehicles within the United States and Canada,
4672 subject to limits exclusive of interest and costs, for each motor vehicle, in amounts not less
4673 than the minimum limits specified under Section 31A-22-304 ; or
4674 (B) if it is an operator's policy, insure the person named as insured against loss from
4675 the liability imposed upon him by law for damages arising out of the insured's use of any motor
4676 vehicle not owned by him, within the same territorial limits and with the same limits of liability
4677 as in an owner's policy under Subsection (1)(a)(ii)(A);

4678 (iii) except as provided in Subsection (7), insure persons related to the named insured
4679 by blood, marriage, adoption, or guardianship who are residents of the named insured's
4680 household, including those who usually make their home in the same household but
4681 temporarily live elsewhere, to the same extent as the named insured;
4682 (iv) where a claim is brought by the named insured or a person described in Subsection
4683 (1)(a)(iii), the available coverage of the policy may not be reduced or stepped-down because:
4684 (A) a permissive user driving a covered motor vehicle is at fault in causing an accident;
4685 or
4686 (B) the named insured or any of the persons described in this Subsection (1)(a)(iii)
4687 driving a covered motor vehicle is at fault in causing an accident; and
4688 (v) cover damages or injury resulting from a covered driver of a motor vehicle who is
4689 stricken by an unforeseeable paralysis, seizure, or other unconscious condition and who is not
4690 reasonably aware that paralysis, seizure, or other unconscious condition is about to occur to the
4691 extent that a person of ordinary prudence would not attempt to continue driving.
4692 (b) The driver's liability under Subsection (1)(a)(v) is limited to the insurance
4693 coverage.
4694 (2) (a) A policy containing motor vehicle liability coverage under Subsection
4695 31A-22-302 (1)(a) may:
4696 (i) provide for the prorating of the insurance under that policy with other valid and
4697 collectible insurance;
4698 (ii) grant any lawful coverage in addition to the required motor vehicle liability
4699 coverage;
4700 (iii) if the policy is issued to a person other than a motor vehicle business, limit the
4701 coverage afforded to a motor vehicle business or its officers, agents, or employees to the
4702 minimum limits under Section 31A-22-304 , and to those instances when there is no other valid
4703 and collectible insurance with at least those limits, whether the other insurance is primary,
4704 excess, or contingent; and
4705 (iv) if issued to a motor vehicle business, restrict coverage afforded to anyone other

4706 than the motor vehicle business or its officers, agents, or employees to the minimum limits
4707 under Section 31A-22-304 , and to those instances when there is no other valid and collectible
4708 insurance with at least those limits, whether the other insurance is primary, excess, or
4709 contingent.
4710 (b) (i) The liability insurance coverage of a permissive user of a motor vehicle owned
4711 by a motor vehicle business shall be primary coverage.
4712 (ii) The liability insurance coverage of a motor vehicle business shall be secondary to
4713 the liability insurance coverage of a permissive user as specified under Subsection (2)(b)(i).
4714 (3) Motor vehicle liability coverage need not insure any liability:
4715 (a) under any workers' compensation law under Title 34A, Utah Labor Code;
4716 (b) resulting from bodily injury to or death of an employee of the named insured, other
4717 than a domestic employee, while engaged in the employment of the insured, or while engaged
4718 in the operation, maintenance, or repair of a designated vehicle; or
4719 (c) resulting from damage to property owned by, rented to, bailed to, or transported by
4720 the insured.
4721 (4) An insurance carrier providing motor vehicle liability coverage has the right to
4722 settle any claim covered by the policy, and if the settlement is made in good faith, the amount
4723 of the settlement is deductible from the limits of liability specified under Section 31A-22-304 .
4724 (5) A policy containing motor vehicle liability coverage imposes on the insurer the
4725 duty to defend, in good faith, any person insured under the policy against any claim or suit
4726 seeking damages which would be payable under the policy.
4727 (6) (a) If a policy containing motor vehicle liability coverage provides an insurer with
4728 the defense of lack of cooperation on the part of the insured, that defense is not effective
4729 against a third person making a claim against the insurer, unless there was collusion between
4730 the third person and the insured.
4731 (b) If the defense of lack of cooperation is not effective against the claimant, after
4732 payment, the insurer is subrogated to the injured person's claim against the insured to the extent
4733 of the payment and is entitled to reimbursement by the insured after the injured third person has

4734 been made whole with respect to the claim against the insured.
4735 (7) A policy of motor vehicle liability coverage under Subsection 31A-22-302 (1) may
4736 specifically exclude from coverage a person who is a resident of the named insured's
4737 household, including a person who usually makes his home in the same household but
4738 temporarily lives elsewhere, if:
4739 (a) at the time of the proposed exclusion, each person excluded from coverage satisfies
4740 the owner's or operator's security requirement of Section 41-12a-301 , independently of the
4741 named insured's proof of owner's or operator's security;
4742 (b) the named insured and the person excluded from coverage each provide written
4743 consent to the exclusion; and
4744 (c) the insurer includes the name of each person excluded from coverage in the
4745 evidence of insurance provided to an additional insured or loss payee.
4746 (8) A policy of motor vehicle liability coverage may limit coverage to the policy
4747 minimum limits under Section 31A-22-304 if the insured motor vehicle is operated by a person
4748 who has consumed any alcohol or any illegal drug or illegal substance if the policy or a
4749 specifically reduced premium was extended to the insured upon express written declaration
4750 executed by the insured that the insured motor vehicle would not be so operated.
4751 (9) (a) When a claim is brought exclusively by a named insured or a person described
4752 in Subsection (1)(a)(iii) and asserted exclusively against a named insured or an individual
4753 described in Subsection (1)(a)(iii), the claimant may elect to resolve the claim:
4754 (i) by submitting the claim to binding arbitration; or
4755 (ii) through litigation.
4756 (b) Once the claimant has elected to commence litigation under Subsection (9)(a)(ii),
4757 the claimant may not elect to resolve the claim through binding arbitration under this section
4758 without the written consent of both parties and the defendant's liability insurer.
4759 (c) (i) Unless otherwise agreed on in writing by the parties, a claim that is submitted to
4760 binding arbitration under Subsection (9)(a)(i) shall be resolved by a panel of three arbitrators.
4761 (ii) Unless otherwise agreed on in writing by the parties, each party shall select an

4762 arbitrator. The arbitrators selected by the parties shall select a third arbitrator.
4763 (d) Unless otherwise agreed on in writing by the parties, each party will pay the fees
4764 and costs of the arbitrator that party selects. Both parties shall share equally the fees and costs
4765 of the third arbitrator.
4766 (e) Except as otherwise provided in this section, an arbitration procedure conducted
4767 under this section shall be governed by Title [78] 78B, Chapter [31a] 11, Utah Uniform
4768 Arbitration Act, unless otherwise agreed on in writing by the parties.
4769 (f) (i) Discovery shall be conducted in accordance with Rules 26b through 36, Utah
4770 Rules of Civil Procedure.
4771 (ii) All issues of discovery shall be resolved by the arbitration panel.
4772 (g) A written decision of two of the three arbitrators shall constitute a final decision of
4773 the arbitration panel.
4774 (h) Prior to the rendering of the arbitration award:
4775 (i) the existence of a liability insurance policy may be disclosed to the arbitration
4776 panel; and
4777 (ii) the amount of all applicable liability insurance policy limits may not be disclosed to
4778 the arbitration panel.
4779 (i) The amount of the arbitration award may not exceed the liability limits of all the
4780 defendant's applicable liability insurance policies, including applicable liability umbrella
4781 policies. If the initial arbitration award exceeds the liability limits of all applicable liability
4782 insurance policies, the arbitration award shall be reduced to an amount equal to the liability
4783 limits of all applicable liability insurance policies.
4784 (j) The arbitration award is the final resolution of all claims between the parties unless
4785 the award was procured by corruption, fraud, or other undue means.
4786 (k) If the arbitration panel finds that the action was not brought, pursued, or defended
4787 in good faith, the arbitration panel may award reasonable fees and costs against the party that
4788 failed to bring, pursue, or defend the claim in good faith.
4789 (l) Nothing in this section is intended to limit any claim under any other portion of an

4790 applicable insurance policy.
4791 (10) An at-fault driver or an insurer issuing a policy of insurance under this part that is
4792 covering an at-fault driver may not reduce compensation to an injured party based on the
4793 injured party not being covered by a policy of insurance that provides personal injury
4794 protection coverage under Sections 31A-22-306 through 31A-22-309 .
4795 Section 58. Section 31A-22-305 is amended to read:
4796 31A-22-305. Uninsured motorist coverage.
4797 (1) As used in this section, "covered persons" includes:
4798 (a) the named insured;
4799 (b) persons related to the named insured by blood, marriage, adoption, or guardianship,
4800 who are residents of the named insured's household, including those who usually make their
4801 home in the same household but temporarily live elsewhere;
4802 (c) any person occupying or using a motor vehicle:
4803 (i) referred to in the policy; or
4804 (ii) owned by a self-insured; and
4805 (d) any person who is entitled to recover damages against the owner or operator of the
4806 uninsured or underinsured motor vehicle because of bodily injury to or death of persons under
4807 Subsection (1)(a), (b), or (c).
4808 (2) As used in this section, "uninsured motor vehicle" includes:
4809 (a) (i) a motor vehicle, the operation, maintenance, or use of which is not covered
4810 under a liability policy at the time of an injury-causing occurrence; or
4811 (ii) (A) a motor vehicle covered with lower liability limits than required by Section
4812 31A-22-304 ; and
4813 (B) the motor vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the extent of
4814 the deficiency;
4815 (b) an unidentified motor vehicle that left the scene of an accident proximately caused
4816 by the motor vehicle operator;
4817 (c) a motor vehicle covered by a liability policy, but coverage for an accident is

4818 disputed by the liability insurer for more than 60 days or continues to be disputed for more than
4819 60 days; or
4820 (d) (i) an insured motor vehicle if, before or after the accident, the liability insurer of
4821 the motor vehicle is declared insolvent by a court of competent jurisdiction; and
4822 (ii) the motor vehicle described in Subsection (2)(d)(i) is uninsured only to the extent
4823 that the claim against the insolvent insurer is not paid by a guaranty association or fund.
4824 (3) (a) Uninsured motorist coverage under Subsection 31A-22-302 (1)(b) provides
4825 coverage for covered persons who are legally entitled to recover damages from owners or
4826 operators of uninsured motor vehicles because of bodily injury, sickness, disease, or death.
4827 (b) For new policies written on or after January 1, 2001, the limits of uninsured
4828 motorist coverage shall be equal to the lesser of the limits of the insured's motor vehicle
4829 liability coverage or the maximum uninsured motorist coverage limits available by the insurer
4830 under the insured's motor vehicle policy, unless the insured purchases coverage in a lesser
4831 amount by signing an acknowledgment form that:
4832 (i) is filed with the department;
4833 (ii) is provided by the insurer;
4834 (iii) waives the higher coverage;
4835 (iv) reasonably explains the purpose of uninsured motorist coverage; and
4836 (v) discloses the additional premiums required to purchase uninsured motorist
4837 coverage with limits equal to the lesser of the limits of the insured's motor vehicle liability
4838 coverage or the maximum uninsured motorist coverage limits available by the insurer under the
4839 insured's motor vehicle policy.
4840 (c) A self-insured, including a governmental entity, may elect to provide uninsured
4841 motorist coverage in an amount that is less than its maximum self-insured retention under
4842 Subsections (3)(b) and (4)(a) by issuing a declaratory memorandum or policy statement from
4843 the chief financial officer or chief risk officer that declares the:
4844 (i) self-insured entity's coverage level; and
4845 (ii) process for filing an uninsured motorist claim.

4846 (d) Uninsured motorist coverage may not be sold with limits that are less than the
4847 minimum bodily injury limits for motor vehicle liability policies under Section 31A-22-304 .
4848 (e) The acknowledgment under Subsection (3)(b) continues for that issuer of the
4849 uninsured motorist coverage until the insured, in writing, requests different uninsured motorist
4850 coverage from the insurer.
4851 (f) (i) In conjunction with the first two renewal notices sent after January 1, 2001, for
4852 policies existing on that date, the insurer shall disclose in the same medium as the premium
4853 renewal notice, an explanation of:
4854 (A) the purpose of uninsured motorist coverage; and
4855 (B) the costs associated with increasing the coverage in amounts up to and including
4856 the maximum amount available by the insurer under the insured's motor vehicle policy.
4857 (ii) The disclosure required under this Subsection (3)(f) shall be sent to all insureds that
4858 carry uninsured motorist coverage limits in an amount less than the insured's motor vehicle
4859 liability policy limits or the maximum uninsured motorist coverage limits available by the
4860 insurer under the insured's motor vehicle policy.
4861 (4) (a) (i) Except as provided in Subsection (4)(b), the named insured may reject
4862 uninsured motorist coverage by an express writing to the insurer that provides liability
4863 coverage under Subsection 31A-22-302 (1)(a).
4864 (ii) This rejection shall be on a form provided by the insurer that includes a reasonable
4865 explanation of the purpose of uninsured motorist coverage.
4866 (iii) This rejection continues for that issuer of the liability coverage until the insured in
4867 writing requests uninsured motorist coverage from that liability insurer.
4868 (b) (i) All persons, including governmental entities, that are engaged in the business of,
4869 or that accept payment for, transporting natural persons by motor vehicle, and all school
4870 districts that provide transportation services for their students, shall provide coverage for all
4871 motor vehicles used for that purpose, by purchase of a policy of insurance or by self-insurance,
4872 uninsured motorist coverage of at least $25,000 per person and $500,000 per accident.
4873 (ii) This coverage is secondary to any other insurance covering an injured covered

4874 person.
4875 (c) Uninsured motorist coverage:
4876 (i) is secondary to the benefits provided by Title 34A, Chapter 2, Workers'
4877 Compensation Act;
4878 (ii) may not be subrogated by the workers' compensation insurance carrier;
4879 (iii) may not be reduced by any benefits provided by workers' compensation insurance;
4880 (iv) may be reduced by health insurance subrogation only after the covered person has
4881 been made whole;
4882 (v) may not be collected for bodily injury or death sustained by a person:
4883 (A) while committing a violation of Section 41-1a-1314 ;
4884 (B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated
4885 in violation of Section 41-1a-1314 ; or
4886 (C) while committing a felony; and
4887 (vi) notwithstanding Subsection (4)(c)(v), may be recovered:
4888 (A) for a person under 18 years of age who is injured within the scope of Subsection
4889 (4)(c)(v) but limited to medical and funeral expenses; or
4890 (B) by a law enforcement officer as defined in Section 53-13-103 , who is injured
4891 within the course and scope of the law enforcement officer's duties.
4892 (d) As used in this Subsection (4), "motor vehicle" has the same meaning as under
4893 Section 41-1a-102 .
4894 (5) When a covered person alleges that an uninsured motor vehicle under Subsection
4895 (2)(b) proximately caused an accident without touching the covered person or the motor
4896 vehicle occupied by the covered person, the covered person must show the existence of the
4897 uninsured motor vehicle by clear and convincing evidence consisting of more than the covered
4898 person's testimony.
4899 (6) (a) The limit of liability for uninsured motorist coverage for two or more motor
4900 vehicles may not be added together, combined, or stacked to determine the limit of insurance
4901 coverage available to an injured person for any one accident.

4902 (b) (i) Subsection (6)(a) applies to all persons except a covered person as defined under
4903 Subsection (7)(b)(ii).
4904 (ii) A covered person as defined under Subsection (7)(b)(ii) is entitled to the highest
4905 limits of uninsured motorist coverage afforded for any one motor vehicle that the covered
4906 person is the named insured or an insured family member.
4907 (iii) This coverage shall be in addition to the coverage on the motor vehicle the covered
4908 person is occupying.
4909 (iv) Neither the primary nor the secondary coverage may be set off against the other.
4910 (c) Coverage on a motor vehicle occupied at the time of an accident shall be primary
4911 coverage, and the coverage elected by a person described under Subsections (1)(a) and (b) shall
4912 be secondary coverage.
4913 (7) (a) Uninsured motorist coverage under this section applies to bodily injury,
4914 sickness, disease, or death of covered persons while occupying or using a motor vehicle only if
4915 the motor vehicle is described in the policy under which a claim is made, or if the motor
4916 vehicle is a newly acquired or replacement motor vehicle covered under the terms of the policy.
4917 Except as provided in Subsection (6) or this Subsection (7), a covered person injured in a
4918 motor vehicle described in a policy that includes uninsured motorist benefits may not elect to
4919 collect uninsured motorist coverage benefits from any other motor vehicle insurance policy
4920 under which the person is a covered person.
4921 (b) Each of the following persons may also recover uninsured motorist benefits under
4922 any one other policy in which they are described as a "covered person" as defined in Subsection
4923 (1):
4924 (i) a covered person injured as a pedestrian by an uninsured motor vehicle; and
4925 (ii) except as provided in Subsection (7)(c), a covered person injured while occupying
4926 or using a motor vehicle that is not owned, leased, or furnished:
4927 (A) to the covered person;
4928 (B) to the covered person's spouse; or
4929 (C) to the covered person's resident parent or resident sibling.

4930 (c) (i) A covered person may recover benefits from no more than two additional
4931 policies, one additional policy from each parent's household if the covered person is:
4932 (A) a dependent minor of parents who reside in separate households; and
4933 (B) injured while occupying or using a motor vehicle that is not owned, leased, or
4934 furnished:
4935 (I) to the covered person;
4936 (II) to the covered person's resident parent; or
4937 (III) to the covered person's resident sibling.
4938 (ii) Each parent's policy under this Subsection (7)(c) is liable only for the percentage of
4939 the damages that the limit of liability of each parent's policy of uninsured motorist coverage
4940 bears to the total of both parents' uninsured coverage applicable to the accident.
4941 (d) A covered person's recovery under any available policies may not exceed the full
4942 amount of damages.
4943 (e) A covered person in Subsection (7)(b) is not barred against making subsequent
4944 elections if recovery is unavailable under previous elections.
4945 (f) (i) As used in this section, "interpolicy stacking" means recovering benefits for a
4946 single incident of loss under more than one insurance policy.
4947 (ii) Except to the extent permitted by Subsection (6) and this Subsection (7),
4948 interpolicy stacking is prohibited for uninsured motorist coverage.
4949 (8) (a) When a claim is brought by a named insured or a person described in
4950 Subsection (1) and is asserted against the covered person's uninsured motorist carrier, the
4951 claimant may elect to resolve the claim:
4952 (i) by submitting the claim to binding arbitration; or
4953 (ii) through litigation.
4954 (b) Unless otherwise provided in the policy under which uninsured benefits are
4955 claimed, the election provided in Subsection (8)(a) is available to the claimant only.
4956 (c) Once the claimant has elected to commence litigation under Subsection (8)(a)(ii),
4957 the claimant may not elect to resolve the claim through binding arbitration under this section

4958 without the written consent of the uninsured motorist carrier.
4959 (d) (i) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
4960 binding arbitration under Subsection (8)(a)(i) shall be resolved by a single arbitrator.
4961 (ii) All parties shall agree on the single arbitrator selected under Subsection (8)(d)(i).
4962 (iii) If the parties are unable to agree on a single arbitrator as required under Subsection
4963 (8)(d)(ii), the parties shall select a panel of three arbitrators.
4964 (e) If the parties select a panel of three arbitrators under Subsection (8)(d)(iii):
4965 (i) each side shall select one arbitrator; and
4966 (ii) the arbitrators appointed under Subsection (8)(e)(i) shall select one additional
4967 arbitrator to be included in the panel.
4968 (f) Unless otherwise agreed to in writing:
4969 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
4970 under Subsection (8)(d)(i); or
4971 (ii) if an arbitration panel is selected under Subsection (8)(d)(iii):
4972 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
4973 (B) each party shall pay an equal share of the fees and costs of the arbitrator selected
4974 under Subsection (8)(e)(ii).
4975 (g) Except as otherwise provided in this section or unless otherwise agreed to in
4976 writing by the parties, an arbitration proceeding conducted under this section shall be governed
4977 by Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
4978 (h) The arbitration shall be conducted in accordance with Rules 26 through 37, 54, and
4979 68 of the Utah Rules of Civil Procedure.
4980 (i) All issues of discovery shall be resolved by the arbitrator or the arbitration panel.
4981 (j) A written decision by a single arbitrator or by a majority of the arbitration panel
4982 shall constitute a final decision.
4983 (k) (i) The amount of an arbitration award may not exceed the uninsured motorist
4984 policy limits of all applicable uninsured motorist policies, including applicable uninsured
4985 motorist umbrella policies.

4986 (ii) If the initial arbitration award exceeds the uninsured motorist policy limits of all
4987 applicable uninsured motorist policies, the arbitration award shall be reduced to an amount
4988 equal to the combined uninsured motorist policy limits of all applicable uninsured motorist
4989 policies.
4990 (l) The arbitrator or arbitration panel may not decide the issues of coverage or
4991 extra-contractual damages, including:
4992 (i) whether the claimant is a covered person;
4993 (ii) whether the policy extends coverage to the loss; or
4994 (iii) any allegations or claims asserting consequential damages or bad faith liability.
4995 (m) The arbitrator or arbitration panel may not conduct arbitration on a class-wide or
4996 class-representative basis.
4997 (n) If the arbitrator or arbitration panel finds that the action was not brought, pursued,
4998 or defended in good faith, the arbitrator or arbitration panel may award reasonable attorney fees
4999 and costs against the party that failed to bring, pursue, or defend the claim in good faith.
5000 (o) An arbitration award issued under this section shall be the final resolution of all
5001 claims not excluded by Subsection (8)(l) between the parties unless:
5002 (i) the award was procured by corruption, fraud, or other undue means; or
5003 (ii) either party, within 20 days after service of the arbitration award:
5004 (A) files a complaint requesting a trial de novo in the district court; and
5005 (B) serves the nonmoving party with a copy of the complaint requesting a trial de novo
5006 under Subsection (8)(o)(ii)(A).
5007 (p) (i) Upon filing a complaint for a trial de novo under Subsection (8)(o), the claim
5008 shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules
5009 of Evidence in the district court.
5010 (ii) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
5011 request a jury trial with a complaint requesting a trial de novo under Subsection (8)(o)(ii)(A).
5012 (q) (i) If the claimant, as the moving party in a trial de novo requested under
5013 Subsection (8)(o), does not obtain a verdict that is at least $5,000 and is at least 20% greater

5014 than the arbitration award, the claimant is responsible for all of the nonmoving party's costs.
5015 (ii) If the uninsured motorist carrier, as the moving party in a trial de novo requested
5016 under Subsection (8)(o), does not obtain a verdict that is at least 20% less than the arbitration
5017 award, the uninsured motorist carrier is responsible for all of the nonmoving party's costs.
5018 (iii) Except as provided in Subsection (8)(q)(iv), the costs under this Subsection (8)(q)
5019 shall include:
5020 (A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
5021 (B) the costs of expert witnesses and depositions.
5022 (iv) An award of costs under this Subsection (8)(q) may not exceed $2,500.
5023 (r) For purposes of determining whether a party's verdict is greater or less than the
5024 arbitration award under Subsection (8)(q), a court may not consider any recovery or other relief
5025 granted on a claim for damages if the claim for damages:
5026 (i) was not fully disclosed in writing prior to the arbitration proceeding; or
5027 (ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil
5028 Procedure.
5029 (s) If a district court determines, upon a motion of the nonmoving party, that the
5030 moving party's use of the trial de novo process was filed in bad faith in accordance with
5031 Section [ 78-27-56 ] 78B-5-825 , the district court may award reasonable attorney fees to the
5032 nonmoving party.
5033 (t) Nothing in this section is intended to limit any claim under any other portion of an
5034 applicable insurance policy.
5035 (u) If there are multiple uninsured motorist policies, as set forth in Subsection (7), the
5036 claimant may elect to arbitrate in one hearing the claims against all the uninsured motorist
5037 carriers.
5038 Section 59. Section 31A-22-305.3 is amended to read:
5039 31A-22-305.3. Underinsured motorist coverage.
5040 (1) As used in this section:
5041 (a) "Covered person" has the same meaning as defined in Section 31A-22-305 .

5042 (b) (i) "Underinsured motor vehicle" includes a motor vehicle, the operation,
5043 maintenance, or use of which is covered under a liability policy at the time of an injury-causing
5044 occurrence, but which has insufficient liability coverage to compensate fully the injured party
5045 for all special and general damages.
5046 (ii) The term "underinsured motor vehicle" does not include:
5047 (A) a motor vehicle that is covered under the liability coverage of the same policy that
5048 also contains the underinsured motorist coverage;
5049 (B) an uninsured motor vehicle as defined in Subsection 31A-22-305 (2); or
5050 (C) a motor vehicle owned or leased by:
5051 (I) the named insured;
5052 (II) the named insured's spouse; or
5053 (III) any dependent of the named insured.
5054 (2) (a) (i) Underinsured motorist coverage under Subsection 31A-22-302 (1)(c)
5055 provides coverage for covered persons who are legally entitled to recover damages from
5056 owners or operators of underinsured motor vehicles because of bodily injury, sickness, disease,
5057 or death.
5058 (ii) A covered person occupying or using a motor vehicle owned, leased, or furnished
5059 to the covered person, the covered person's spouse, or covered person's resident relative may
5060 recover underinsured benefits only if the motor vehicle is:
5061 (A) described in the policy under which a claim is made; or
5062 (B) a newly acquired or replacement motor vehicle covered under the terms of the
5063 policy.
5064 (b) For new policies written on or after January 1, 2001, the limits of underinsured
5065 motorist coverage shall be equal to the lesser of the limits of the insured's motor vehicle
5066 liability coverage or the maximum underinsured motorist coverage limits available by the
5067 insurer under the insured's motor vehicle policy, unless the insured purchases coverage in a
5068 lesser amount by signing an acknowledgment form that:
5069 (i) is filed with the department;

5070 (ii) is provided by the insurer;
5071 (iii) waives the higher coverage;
5072 (iv) reasonably explains the purpose of underinsured motorist coverage; and
5073 (v) discloses the additional premiums required to purchase underinsured motorist
5074 coverage with limits equal to the lesser of the limits of the insured's motor vehicle liability
5075 coverage or the maximum underinsured motorist coverage limits available by the insurer under
5076 the insured's motor vehicle policy.
5077 (c) A self-insured, including a governmental entity, may elect to provide underinsured
5078 motorist coverage in an amount that is less than its maximum self-insured retention under
5079 Subsections (2)(b) and (2)(g) by issuing a declaratory memorandum or policy statement from
5080 the chief financial officer or chief risk officer that declares the:
5081 (i) self-insured entity's coverage level; and
5082 (ii) process for filing an underinsured motorist claim.
5083 (d) Underinsured motorist coverage may not be sold with limits that are less than:
5084 (i) $10,000 for one person in any one accident; and
5085 (ii) at least $20,000 for two or more persons in any one accident.
5086 (e) The acknowledgment under Subsection (2)(b) continues for that issuer of the
5087 underinsured motorist coverage until the insured, in writing, requests different underinsured
5088 motorist coverage from the insurer.
5089 (f) (i) The named insured's underinsured motorist coverage, as described in Subsection
5090 (2)(a), is secondary to the liability coverage of an owner or operator of an underinsured motor
5091 vehicle, as described in Subsection (1).
5092 (ii) Underinsured motorist coverage may not be set off against the liability coverage of
5093 the owner or operator of an underinsured motor vehicle, but shall be added to, combined with,
5094 or stacked upon the liability coverage of the owner or operator of the underinsured motor
5095 vehicle to determine the limit of coverage available to the injured person.
5096 (g) (i) A named insured may reject underinsured motorist coverage by an express
5097 writing to the insurer that provides liability coverage under Subsection 31A-22-302 (1)(a).

5098 (ii) This written rejection shall be on a form provided by the insurer that includes a
5099 reasonable explanation of the purpose of underinsured motorist coverage and when it would be
5100 applicable.
5101 (iii) This rejection continues for that issuer of the liability coverage until the insured in
5102 writing requests underinsured motorist coverage from that liability insurer.
5103 (h) (i) In conjunction with the first two renewal notices sent after January 1, 2001, for
5104 policies existing on that date, the insurer shall disclose in the same medium as the premium
5105 renewal notice, an explanation of:
5106 (A) the purpose of underinsured motorist coverage; and
5107 (B) the costs associated with increasing the coverage in amounts up to and including
5108 the maximum amount available by the insurer under the insured's motor vehicle policy.
5109 (ii) The disclosure required by this Subsection (2)(h) shall be sent to all insureds that
5110 carry underinsured motorist coverage limits in an amount less than the insured's motor vehicle
5111 liability policy limits or the maximum underinsured motorist coverage limits available by the
5112 insurer under the insured's motor vehicle policy.
5113 (3) (a) (i) Except as provided in this Subsection (3), a covered person injured in a
5114 motor vehicle described in a policy that includes underinsured motorist benefits may not elect
5115 to collect underinsured motorist coverage benefits from any other motor vehicle insurance
5116 policy.
5117 (ii) The limit of liability for underinsured motorist coverage for two or more motor
5118 vehicles may not be added together, combined, or stacked to determine the limit of insurance
5119 coverage available to an injured person for any one accident.
5120 (iii) Subsection (3)(a)(ii) applies to all persons except a covered person described
5121 under Subsections (3)(b)(i) and (ii).
5122 (b) (i) Except as provided in Subsection (3)(b)(ii), a covered person injured while
5123 occupying, using, or maintaining a motor vehicle that is not owned, leased, or furnished to the
5124 covered person, the covered person's spouse, or the covered person's resident parent or resident
5125 sibling, may also recover benefits under any one other policy under which they are a covered

5126 person.
5127 (ii) (A) A covered person may recover benefits from no more than two additional
5128 policies, one additional policy from each parent's household if the covered person is:
5129 (I) a dependent minor of parents who reside in separate households; and
5130 (II) injured while occupying or using a motor vehicle that is not owned, leased, or
5131 furnished to the covered person, the covered person's resident parent, or the covered person's
5132 resident sibling.
5133 (B) Each parent's policy under this Subsection (3)(b)(ii) is liable only for the
5134 percentage of the damages that the limit of liability of each parent's policy of underinsured
5135 motorist coverage bears to the total of both parents' underinsured coverage applicable to the
5136 accident.
5137 (iii) A covered person's recovery under any available policies may not exceed the full
5138 amount of damages.
5139 (iv) Underinsured coverage on a motor vehicle occupied at the time of an accident shall
5140 be primary coverage, and the coverage elected by a person described under Subsections
5141 31A-22-305 (1)(a) and (b) shall be secondary coverage.
5142 (v) The primary and the secondary coverage may not be set off against the other.
5143 (vi) A covered person as described under Subsection (3)(b)(i) is entitled to the highest
5144 limits of underinsured motorist coverage under only one additional policy per household
5145 applicable to that covered person as a named insured, spouse, or relative.
5146 (vii) A covered injured person is not barred against making subsequent elections if
5147 recovery is unavailable under previous elections.
5148 (viii) (A) As used in this section, "interpolicy stacking" means recovering benefits for a
5149 single incident of loss under more than one insurance policy.
5150 (B) Except to the extent permitted by this Subsection (3), interpolicy stacking is
5151 prohibited for underinsured motorist coverage.
5152 (c) Underinsured motorist coverage:
5153 (i) is secondary to the benefits provided by Title 34A, Chapter 2, Workers'

5154 Compensation Act;
5155 (ii) may not be subrogated by the workers' compensation insurance carrier;
5156 (iii) may not be reduced by any benefits provided by workers' compensation insurance;
5157 (iv) may be reduced by health insurance subrogation only after the covered person has
5158 been made whole;
5159 (v) may not be collected for bodily injury or death sustained by a person:
5160 (A) while committing a violation of Section 41-1a-1314 ;
5161 (B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated
5162 in violation of Section 41-1a-1314 ; or
5163 (C) while committing a felony; and
5164 (vi) notwithstanding Subsection (3)(c)(v), may be recovered:
5165 (A) for a person under 18 years of age who is injured within the scope of Subsection
5166 (3)(c)(v) but limited to medical and funeral expenses; or
5167 (B) by a law enforcement officer as defined in Section 53-13-103 , who is injured
5168 within the course and scope of the law enforcement officer's duties.
5169 (4) The inception of the loss under Subsection 31A-21-313 (1) for underinsured
5170 motorist claims occurs upon the date of the last liability policy payment.
5171 (5) (a) Within five business days after notification in a manner specified by the
5172 department that all liability insurers have tendered their liability policy limits, the underinsured
5173 carrier shall either:
5174 (i) waive any subrogation claim the underinsured carrier may have against the person
5175 liable for the injuries caused in the accident; or
5176 (ii) pay the insured an amount equal to the policy limits tendered by the liability carrier.
5177 (b) If neither option is exercised under Subsection (5)(a), the subrogation claim is
5178 considered to be waived by the underinsured carrier.
5179 (6) Except as otherwise provided in this section, a covered person may seek, subject to
5180 the terms and conditions of the policy, additional coverage under any policy:
5181 (a) that provides coverage for damages resulting from motor vehicle accidents; and

5182 (b) that is not required to conform to Section 31A-22-302 .
5183 (7) (a) When a claim is brought by a named insured or a person described in
5184 Subsection 31A-22-305 (1) and is asserted against the covered person's underinsured motorist
5185 carrier, the claimant may elect to resolve the claim:
5186 (i) by submitting the claim to binding arbitration; or
5187 (ii) through litigation.
5188 (b) Unless otherwise provided in the policy under which underinsured benefits are
5189 claimed, the election provided in Subsection (7)(a) is available to the claimant only.
5190 (c) Once the claimant has elected to commence litigation under Subsection (7)(a)(ii),
5191 the claimant may not elect to resolve the claim through binding arbitration under this section
5192 without the written consent of the underinsured motorist coverage carrier.
5193 (d) (i) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
5194 binding arbitration under Subsection (7)(a)(i) shall be resolved by a single arbitrator.
5195 (ii) All parties shall agree on the single arbitrator selected under Subsection (7)(d)(i).
5196 (iii) If the parties are unable to agree on a single arbitrator as required under Subsection
5197 (7)(d)(ii), the parties shall select a panel of three arbitrators.
5198 (e) If the parties select a panel of three arbitrators under Subsection (7)(d)(iii):
5199 (i) each side shall select one arbitrator; and
5200 (ii) the arbitrators appointed under Subsection (7)(e)(i) shall select one additional
5201 arbitrator to be included in the panel.
5202 (f) Unless otherwise agreed to in writing:
5203 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
5204 under Subsection (7)(d)(i); or
5205 (ii) if an arbitration panel is selected under Subsection (7)(d)(iii):
5206 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
5207 (B) each party shall pay an equal share of the fees and costs of the arbitrator selected
5208 under Subsection (7)(e)(ii).
5209 (g) Except as otherwise provided in this section or unless otherwise agreed to in

5210 writing by the parties, an arbitration proceeding conducted under this section shall be governed
5211 by Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
5212 (h) The arbitration shall be conducted in accordance with Rules 26 through 37, 54, and
5213 68 of the Utah Rules of Civil Procedure.
5214 (i) All issues of discovery shall be resolved by the arbitrator or the arbitration panel.
5215 (j) A written decision by a single arbitrator or by a majority of the arbitration panel
5216 shall constitute a final decision.
5217 (k) (i) The amount of an arbitration award may not exceed the underinsured motorist
5218 policy limits of all applicable underinsured motorist policies, including applicable underinsured
5219 motorist umbrella policies.
5220 (ii) If the initial arbitration award exceeds the underinsured motorist policy limits of all
5221 applicable underinsured motorist policies, the arbitration award shall be reduced to an amount
5222 equal to the combined underinsured motorist policy limits of all applicable underinsured
5223 motorist policies.
5224 (l) The arbitrator or arbitration panel may not decide the issues of coverage or
5225 extra-contractual damages, including:
5226 (i) whether the claimant is a covered person;
5227 (ii) whether the policy extends coverage to the loss; or
5228 (iii) any allegations or claims asserting consequential damages or bad faith liability.
5229 (m) The arbitrator or arbitration panel may not conduct arbitration on a class-wide or
5230 class-representative basis.
5231 (n) If the arbitrator or arbitration panel finds that the action was not brought, pursued,
5232 or defended in good faith, the arbitrator or arbitration panel may award reasonable attorney fees
5233 and costs against the party that failed to bring, pursue, or defend the claim in good faith.
5234 (o) An arbitration award issued under this section shall be the final resolution of all
5235 claims not excluded by Subsection (7)(l) between the parties unless:
5236 (i) the award was procured by corruption, fraud, or other undue means; or
5237 (ii) either party, within 20 days after service of the arbitration award:

5238 (A) files a complaint requesting a trial de novo in the district court; and
5239 (B) serves the nonmoving party with a copy of the complaint requesting a trial de novo
5240 under Subsection (7)(o)(ii)(A).
5241 (p) (i) Upon filing a complaint for a trial de novo under Subsection (7)(o), the claim
5242 shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules
5243 of Evidence in the district court.
5244 (ii) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
5245 request a jury trial with a complaint requesting a trial de novo under Subsection (7)(o)(ii)(A).
5246 (q) (i) If the claimant, as the moving party in a trial de novo requested under
5247 Subsection (7)(o), does not obtain a verdict that is at least $5,000 and is at least 20% greater
5248 than the arbitration award, the claimant is responsible for all of the nonmoving party's costs.
5249 (ii) If the underinsured motorist carrier, as the moving party in a trial de novo requested
5250 under Subsection (7)(o), does not obtain a verdict that is at least 20% less than the arbitration
5251 award, the underinsured motorist carrier is responsible for all of the nonmoving party's costs.
5252 (iii) Except as provided in Subsection (7)(q)(iv), the costs under this Subsection (7)(q)
5253 shall include:
5254 (A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
5255 (B) the costs of expert witnesses and depositions.
5256 (iv) An award of costs under this Subsection (7)(q) may not exceed $2,500.
5257 (r) For purposes of determining whether a party's verdict is greater or less than the
5258 arbitration award under Subsection (7)(q), a court may not consider any recovery or other relief
5259 granted on a claim for damages if the claim for damages:
5260 (i) was not fully disclosed in writing prior to the arbitration proceeding; or
5261 (ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil
5262 Procedure.
5263 (s) If a district court determines, upon a motion of the nonmoving party, that the
5264 moving party's use of the trial de novo process was filed in bad faith in accordance with
5265 Section [ 78-27-56 ] 78B-5-825 , the district court may award reasonable attorney fees to the

5266 nonmoving party.
5267 (t) Nothing in this section is intended to limit any claim under any other portion of an
5268 applicable insurance policy.
5269 (u) If there are multiple underinsured motorist policies, as set forth in Subsection (3),
5270 the claimant may elect to arbitrate in one hearing the claims against all the underinsured
5271 motorist carriers.
5272 Section 60. Section 31A-22-321 is amended to read:
5273 31A-22-321. Use of arbitration in third party motor vehicle accident cases.
5274 (1) A person injured as a result of a motor vehicle accident may elect to submit all third
5275 party bodily injury claims to arbitration by filing a notice of the submission of the claim to
5276 binding arbitration in a district court if:
5277 (a) the claimant or the claimant's representative has:
5278 (i) previously and timely filed a complaint in a district court that includes a third party
5279 bodily injury claim; and
5280 (ii) filed a notice to submit the claim to arbitration within 14 days after the complaint
5281 has been answered; and
5282 (b) the notice required under Subsection (1)(a)(ii) is filed while the action under
5283 Subsection (1)(a)(i) is still pending.
5284 (2) (a) If a party submits a bodily injury claim to arbitration under Subsection (1), the
5285 party submitting the claim or the party's representative is limited to an arbitration award that
5286 does not exceed $25,000 in addition to any available personal injury protection benefits and
5287 any claim for property damage.
5288 (b) A claim for reimbursement of personal injury protection benefits is to be resolved
5289 between insurers as provided for in Subsection 31A-22-309 (6)(b).
5290 (c) A claim for property damage may not be made in an arbitration proceeding under
5291 Subsection (1) unless agreed upon by the parties in writing.
5292 (3) A claim for punitive damages may not be made in an arbitration proceeding under
5293 Subsection (1) or any subsequent proceeding, even if the claim is later resolved through a trial

5294 de novo under Subsection (11).
5295 (4) (a) A person who has elected arbitration under this section may rescind the person's
5296 election if the rescission is made within:
5297 (i) 90 days after the election to arbitrate; and
5298 (ii) no less than 30 days before any scheduled arbitration hearing.
5299 (b) A person seeking to rescind an election to arbitrate under this Subsection (4) shall:
5300 (i) file a notice of the rescission of the election to arbitrate with the district court in
5301 which the matter was filed; and
5302 (ii) send copies of the notice of the rescission of the election to arbitrate to all counsel
5303 of record to the action.
5304 (c) All discovery completed in anticipation of the arbitration hearing shall be available
5305 for use by the parties as allowed by the Utah Rules of Civil Procedure and Utah Rules of
5306 Evidence.
5307 (d) A party who has elected to arbitrate under this section and then rescinded the
5308 election to arbitrate under this Subsection (4) may not elect to arbitrate the claim under this
5309 section again.
5310 (5) (a) Unless otherwise agreed to by the parties or by order of the court, an arbitration
5311 process elected under this section is subject to Rule 26, Utah Rules of Civil Procedure.
5312 (b) Unless otherwise agreed to by the parties or ordered by the court, discovery shall be
5313 completed within 150 days after the date arbitration is elected under this section.
5314 (6) (a) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
5315 arbitration under this section shall be resolved by a single arbitrator.
5316 (b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall
5317 agree on the single arbitrator selected under Subsection (6)(a) within 90 days of the answer of
5318 the defendant.
5319 (c) If the parties are unable to agree on a single arbitrator as required under Subsection
5320 (6)(b), the parties shall select a panel of three arbitrators.
5321 (d) If the parties select a panel of three arbitrators under Subsection (6)(c):

5322 (i) each side shall select one arbitrator; and
5323 (ii) the arbitrators appointed under Subsection (6)(d)(i) shall select one additional
5324 arbitrator to be included in the panel.
5325 (7) Unless otherwise agreed to in writing:
5326 (a) each party shall pay an equal share of the fees and costs of the arbitrator selected
5327 under Subsection (6)(a); and
5328 (b) if an arbitration panel is selected under Subsection (6)(d):
5329 (i) each party shall pay the fees and costs of the arbitrator selected by that party's side;
5330 and
5331 (ii) each party shall pay an equal share of the fees and costs of the arbitrator selected
5332 under Subsection (6)(d)(ii).
5333 (8) Except as otherwise provided in this section and unless otherwise agreed to in
5334 writing by the parties, an arbitration proceeding conducted under this section shall be governed
5335 by Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
5336 (9) (a) Subject to the provisions of this section, the Utah Rules of Civil Procedure and
5337 Utah Rules of Evidence apply to the arbitration proceeding.
5338 (b) The Utah Rules of Civil Procedure and Utah Rules of Evidence shall be applied
5339 liberally with the intent of concluding the claim in a timely and cost-efficient manner.
5340 (c) Discovery shall be conducted in accordance with Rules 26 through 37 of the Utah
5341 Rules of Civil Procedure and shall be subject to the jurisdiction of the district court in which
5342 the matter is filed.
5343 (d) Dispositive motions shall be filed, heard, and decided by the district court prior to
5344 the arbitration proceeding in accordance with the court's scheduling order.
5345 (10) A written decision by a single arbitrator or by a majority of the arbitration panel
5346 shall constitute a final decision.
5347 (11) An arbitration award issued under this section shall be the final resolution of all
5348 bodily injury claims between the parties and may be reduced to judgment by the court upon
5349 motion and notice unless:

5350 (a) either party, within 20 days after service of the arbitration award:
5351 (i) files a notice requesting a trial de novo in the district court; and
5352 (ii) serves the nonmoving party with a copy of the notice requesting a trial de novo
5353 under Subsection (11)(a)(i); or
5354 (b) the arbitration award has been satisfied.
5355 (12) (a) Upon filing a notice requesting a trial de novo under Subsection (11), the claim
5356 shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules
5357 of Evidence in the district court.
5358 (b) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
5359 request a jury trial with a request for trial de novo filed under Subsection (11)(a)(i).
5360 (13) (a) If the plaintiff, as the moving party in a trial de novo requested under
5361 Subsection (11), does not obtain a verdict that is at least $5,000 and is at least 20% greater than
5362 the arbitration award, the plaintiff is responsible for all of the nonmoving party's costs.
5363 (b) Except as provided in Subsection (13)(c), the costs under Subsection (13)(a) shall
5364 include:
5365 (i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
5366 (ii) the costs of expert witnesses and depositions.
5367 (c) An award of costs under this Subsection (13) may not exceed $2,500.
5368 (14) (a) If a defendant, as the moving party in a trial de novo requested under
5369 Subsection (11), does not obtain a verdict that is at least 20% less than the arbitration award,
5370 the defendant is responsible for all of the nonmoving party's costs.
5371 (b) Except as provided in Subsection (14)(c), the costs under Subsection (14)(a) shall
5372 include:
5373 (i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
5374 (ii) the costs of expert witnesses and depositions.
5375 (c) An award of costs under this Subsection (14) may not exceed $2,500.
5376 (15) For purposes of determining whether a party's verdict is greater or less than the
5377 arbitration award under Subsections (13) and (14), a court may not consider any recovery or

5378 other relief granted on a claim for damages if the claim for damages:
5379 (a) was not fully disclosed in writing prior to the arbitration proceeding; or
5380 (b) was not disclosed in response to discovery contrary to the Utah Rules of Civil
5381 Procedure.
5382 (16) If a district court determines, upon a motion of the nonmoving party, that the
5383 moving party's use of the trial de novo process was filed in bad faith as defined in Section
5384 [ 78-27-56 ] 78B-5-825 , the district court may award reasonable attorney fees to the nonmoving
5385 party.
5386 (17) Nothing in this section is intended to affect or prevent any first party claim from
5387 later being brought under any first party insurance policy under which the injured person is a
5388 covered person.
5389 (18) (a) If a defendant requests a trial de novo under Subsection (11), the verdict at trial
5390 may not exceed $40,000.
5391 (b) If a plaintiff requests a trial de novo under Subsection (11), the verdict at trial may
5392 not exceed $25,000.
5393 (19) All arbitration awards issued under this section shall bear postjudgment interest
5394 pursuant to Section 15-1-4 .
5395 Section 61. Section 31A-22-610.5 is amended to read:
5396 31A-22-610.5. Dependent coverage.
5397 (1) As used in this section, "child" has the same meaning as defined in Section
5398 [ 78-45-2 ] 78B-12-102 .
5399 (2) (a) Any individual or group accident and health insurance policy or health
5400 maintenance organization contract that provides coverage for a policyholder's or certificate
5401 holder's dependent shall not terminate coverage of an unmarried dependent by reason of the
5402 dependent's age before the dependent's 26th birthday and shall, upon application, provide
5403 coverage for all unmarried dependents up to age 26.
5404 (b) The cost of coverage for unmarried dependents 19 to 26 years of age shall be
5405 included in the premium on the same basis as other dependent coverage.

5406 (c) This section does not prohibit the employer from requiring the employee to pay all
5407 or part of the cost of coverage for unmarried dependents.
5408 (3) An individual or group accident and health insurance policy or health maintenance
5409 organization contract shall reinstate dependent coverage, and for purposes of all exclusions and
5410 limitations, shall treat the dependent as if the coverage had been in force since it was
5411 terminated; if:
5412 (a) the dependent has not reached the age of 26 by July 1, 1995;
5413 (b) the dependent had coverage prior to July 1, 1994;
5414 (c) prior to July 1, 1994, the dependent's coverage was terminated solely due to the age
5415 of the dependent; and
5416 (d) the policy has not been terminated since the dependent's coverage was terminated.
5417 (4) (a) When a parent is required by a court or administrative order to provide health
5418 insurance coverage for a child, an accident and health insurer may not deny enrollment of a
5419 child under the accident and health insurance plan of the child's parent on the grounds the
5420 child:
5421 (i) was born out of wedlock and is entitled to coverage under Subsection (5);
5422 (ii) was born out of wedlock and the custodial parent seeks enrollment for the child
5423 under the custodial parent's policy;
5424 (iii) is not claimed as a dependent on the parent's federal tax return; or
5425 (iv) does not reside with the parent or in the insurer's service area.
5426 (b) A child enrolled as required under Subsection (4)(a)(iv) is subject to the terms of
5427 the accident and health insurance plan contract pertaining to services received outside of an
5428 insurer's service area. A health maintenance organization must comply with Section
5429 31A-8-502 .
5430 (5) When a child has accident and health coverage through an insurer of a noncustodial
5431 parent, and when requested by the noncustodial or custodial parent, the insurer shall:
5432 (a) provide information to the custodial parent as necessary for the child to obtain
5433 benefits through that coverage, but the insurer or employer, or the agents or employees of either

5434 of them, are not civilly or criminally liable for providing information in compliance with this
5435 Subsection (5)(a), whether the information is provided pursuant to a verbal or written request;
5436 (b) permit the custodial parent or the service provider, with the custodial parent's
5437 approval, to submit claims for covered services without the approval of the noncustodial
5438 parent; and
5439 (c) make payments on claims submitted in accordance with Subsection (5)(b) directly
5440 to the custodial parent, the child who obtained benefits, the provider, or the state Medicaid
5441 agency.
5442 (6) When a parent is required by a court or administrative order to provide health
5443 coverage for a child, and the parent is eligible for family health coverage, the insurer shall:
5444 (a) permit the parent to enroll, under the family coverage, a child who is otherwise
5445 eligible for the coverage without regard to an enrollment season restrictions;
5446 (b) if the parent is enrolled but fails to make application to obtain coverage for the
5447 child, enroll the child under family coverage upon application of the child's other parent, the
5448 state agency administering the Medicaid program, or the state agency administering 42 U.S.C.
5449 651 through 669, the child support enforcement program; and
5450 (c) (i) when the child is covered by an individual policy, not disenroll or eliminate
5451 coverage of the child unless the insurer is provided satisfactory written evidence that:
5452 (A) the court or administrative order is no longer in effect; or
5453 (B) the child is or will be enrolled in comparable accident and health coverage through
5454 another insurer which will take effect not later than the effective date of disenrollment; or
5455 (ii) when the child is covered by a group policy, not disenroll or eliminate coverage of
5456 the child unless the employer is provided with satisfactory written evidence, which evidence is
5457 also provided to the insurer, that Subsection (9)(c)(i), (ii) or (iii) has happened.
5458 (7) An insurer may not impose requirements on a state agency that has been assigned
5459 the rights of an individual eligible for medical assistance under Medicaid and covered for
5460 accident and health benefits from the insurer that are different from requirements applicable to
5461 an agent or assignee of any other individual so covered.

5462 (8) Insurers may not reduce their coverage of pediatric vaccines below the benefit level
5463 in effect on May 1, 1993.
5464 (9) When a parent is required by a court or administrative order to provide health
5465 coverage, which is available through an employer doing business in this state, the employer
5466 shall:
5467 (a) permit the parent to enroll under family coverage any child who is otherwise
5468 eligible for coverage without regard to any enrollment season restrictions;
5469 (b) if the parent is enrolled but fails to make application to obtain coverage of the child,
5470 enroll the child under family coverage upon application by the child's other parent, by the state
5471 agency administering the Medicaid program, or the state agency administering 42 U.S.C. 651
5472 through 669, the child support enforcement program;
5473 (c) not disenroll or eliminate coverage of the child unless the employer is provided
5474 satisfactory written evidence that:
5475 (i) the court order is no longer in effect;
5476 (ii) the child is or will be enrolled in comparable coverage which will take effect no
5477 later than the effective date of disenrollment; or
5478 (iii) the employer has eliminated family health coverage for all of its employees; and
5479 (d) withhold from the employee's compensation the employee's share, if any, of
5480 premiums for health coverage and to pay this amount to the insurer.
5481 (10) An order issued under Section 62A-11-326.1 may be considered a "qualified
5482 medical support order" for the purpose of enrolling a dependent child in a group accident and
5483 health insurance plan as defined in Section 609(a), Federal Employee Retirement Income
5484 Security Act of 1974.
5485 (11) This section does not affect any insurer's ability to require as a precondition of any
5486 child being covered under any policy of insurance that:
5487 (a) the parent continues to be eligible for coverage;
5488 (b) the child shall be identified to the insurer with adequate information to comply with
5489 this section; and

5490 (c) the premium shall be paid when due.
5491 (12) The provisions of this section apply to employee welfare benefit plans as defined
5492 in Section 26-19-2 .
5493 (13) The commissioner shall adopt rules interpreting and implementing this section
5494 with regard to out-of-area court ordered dependent coverage.
5495 Section 62. Section 31A-22-617 is amended to read:
5496 31A-22-617. Preferred provider contract provisions.
5497 Health insurance policies may provide for insureds to receive services or
5498 reimbursement under the policies in accordance with preferred health care provider contracts as
5499 follows:
5500 (1) Subject to restrictions under this section, any insurer or third party administrator
5501 may enter into contracts with health care providers as defined in Section [ 78-14-3 ] 78B-3-403
5502 under which the health care providers agree to supply services, at prices specified in the
5503 contracts, to persons insured by an insurer.
5504 (a) (i) A health care provider contract may require the health care provider to accept the
5505 specified payment as payment in full, relinquishing the right to collect additional amounts from
5506 the insured person.
5507 (ii) In any dispute involving a provider's claim for reimbursement, the same shall be
5508 determined in accordance with applicable law, the provider contract, the subscriber contract,
5509 and the insurer's written payment policies in effect at the time services were rendered.
5510 (iii) If the parties are unable to resolve their dispute, the matter shall be subject to
5511 binding arbitration by a jointly selected arbitrator. Each party is to bear its own expense except
5512 the cost of the jointly selected arbitrator shall be equally shared. This Subsection (1)(a)(iii)
5513 does not apply to the claim of a general acute hospital to the extent it is inconsistent with the
5514 hospital's provider agreement.
5515 (iv) An organization may not penalize a provider solely for pursuing a claims dispute
5516 or otherwise demanding payment for a sum believed owing.
5517 (v) If an insurer permits another entity with which it does not share common ownership

5518 or control to use or otherwise lease one or more of the organization's networks of participating
5519 providers, the organization shall ensure, at a minimum, that the entity pays participating
5520 providers in accordance with the same fee schedule and general payment policies as the
5521 organization would for that network.
5522 (b) The insurance contract may reward the insured for selection of preferred health care
5523 providers by:
5524 (i) reducing premium rates;
5525 (ii) reducing deductibles;
5526 (iii) coinsurance;
5527 (iv) other copayments; or
5528 (v) any other reasonable manner.
5529 (c) If the insurer is a managed care organization, as defined in Subsection
5530 31A-27a-403 (1)(f):
5531 (i) the insurance contract and the health care provider contract shall provide that in the
5532 event the managed care organization becomes insolvent, the rehabilitator or liquidator may:
5533 (A) require the health care provider to continue to provide health care services under
5534 the contract until the earlier of:
5535 (I) 90 days after the date of the filing of a petition for rehabilitation or the petition for
5536 liquidation; or
5537 (II) the date the term of the contract ends; and
5538 (B) subject to Subsection (1)(c)(v), reduce the fees the provider is otherwise entitled to
5539 receive from the managed care organization during the time period described in Subsection
5540 (1)(c)(i)(A);
5541 (ii) the provider is required to:
5542 (A) accept the reduced payment under Subsection (1)(c)(i)(B) as payment in full; and
5543 (B) relinquish the right to collect additional amounts from the insolvent managed care
5544 organization's enrollee, as defined in Subsection 31A-27a-403 (1)(b);
5545 (iii) if the contract between the health care provider and the managed care organization

5546 has not been reduced to writing, or the contract fails to contain the language required by
5547 Subsection (1)(c)(i), the provider may not collect or attempt to collect from the enrollee:
5548 (A) sums owed by the insolvent managed care organization; or
5549 (B) the amount of the regular fee reduction authorized under Subsection (1)(c)(i)(B);
5550 (iv) the following may not bill or maintain any action at law against an enrollee to
5551 collect sums owed by the insolvent managed care organization or the amount of the regular fee
5552 reduction authorized under Subsection (1)(c)(i)(B):
5553 (A) a provider;
5554 (B) an agent;
5555 (C) a trustee; or
5556 (D) an assignee of a person described in Subsections (1)(c)(iv)(A) through (C); and
5557 (v) notwithstanding Subsection (1)(c)(i):
5558 (A) a rehabilitator or liquidator may not reduce a fee by less than 75% of the provider's
5559 regular fee set forth in the contract; and
5560 (B) the enrollee shall continue to pay the copayments, deductibles, and other payments
5561 for services received from the provider that the enrollee was required to pay before the filing
5562 of:
5563 (I) a petition for rehabilitation; or
5564 (II) a petition for liquidation.
5565 (2) (a) Subject to Subsections (2)(b) through (2)(f), an insurer using preferred health
5566 care provider contracts shall pay for the services of health care providers not under the contract,
5567 unless the illnesses or injuries treated by the health care provider are not within the scope of the
5568 insurance contract. As used in this section, "class of health care providers" means all health
5569 care providers licensed or licensed and certified by the state within the same professional,
5570 trade, occupational, or facility licensure or licensure and certification category established
5571 pursuant to Titles 26, Utah Health Code and 58, Occupations and Professions.
5572 (b) When the insured receives services from a health care provider not under contract,
5573 the insurer shall reimburse the insured for at least 75% of the average amount paid by the

5574 insurer for comparable services of preferred health care providers who are members of the
5575 same class of health care providers. The commissioner may adopt a rule dealing with the
5576 determination of what constitutes 75% of the average amount paid by the insurer for
5577 comparable services of preferred health care providers who are members of the same class of
5578 health care providers.
5579 (c) When reimbursing for services of health care providers not under contract, the
5580 insurer may make direct payment to the insured.
5581 (d) Notwithstanding Subsection (2)(b), an insurer using preferred health care provider
5582 contracts may impose a deductible on coverage of health care providers not under contract.
5583 (e) When selecting health care providers with whom to contract under Subsection (1),
5584 an insurer may not unfairly discriminate between classes of health care providers, but may
5585 discriminate within a class of health care providers, subject to Subsection (7).
5586 (f) For purposes of this section, unfair discrimination between classes of health care
5587 providers shall include:
5588 (i) refusal to contract with class members in reasonable proportion to the number of
5589 insureds covered by the insurer and the expected demand for services from class members; and
5590 (ii) refusal to cover procedures for one class of providers that are:
5591 (A) commonly utilized by members of the class of health care providers for the
5592 treatment of illnesses, injuries, or conditions;
5593 (B) otherwise covered by the insurer; and
5594 (C) within the scope of practice of the class of health care providers.
5595 (3) Before the insured consents to the insurance contract, the insurer shall fully disclose
5596 to the insured that it has entered into preferred health care provider contracts. The insurer shall
5597 provide sufficient detail on the preferred health care provider contracts to permit the insured to
5598 agree to the terms of the insurance contract. The insurer shall provide at least the following
5599 information:
5600 (a) a list of the health care providers under contract and if requested their business
5601 locations and specialties;

5602 (b) a description of the insured benefits, including any deductibles, coinsurance, or
5603 other copayments;
5604 (c) a description of the quality assurance program required under Subsection (4); and
5605 (d) a description of the adverse benefit determination procedures required under
5606 Subsection (5).
5607 (4) (a) An insurer using preferred health care provider contracts shall maintain a quality
5608 assurance program for assuring that the care provided by the health care providers under
5609 contract meets prevailing standards in the state.
5610 (b) The commissioner in consultation with the executive director of the Department of
5611 Health may designate qualified persons to perform an audit of the quality assurance program.
5612 The auditors shall have full access to all records of the organization and its health care
5613 providers, including medical records of individual patients.
5614 (c) The information contained in the medical records of individual patients shall
5615 remain confidential. All information, interviews, reports, statements, memoranda, or other data
5616 furnished for purposes of the audit and any findings or conclusions of the auditors are
5617 privileged. The information is not subject to discovery, use, or receipt in evidence in any legal
5618 proceeding except hearings before the commissioner concerning alleged violations of this
5619 section.
5620 (5) An insurer using preferred health care provider contracts shall provide a reasonable
5621 procedure for resolving complaints and adverse benefit determinations initiated by the insureds
5622 and health care providers.
5623 (6) An insurer may not contract with a health care provider for treatment of illness or
5624 injury unless the health care provider is licensed to perform that treatment.
5625 (7) (a) A health care provider or insurer may not discriminate against a preferred health
5626 care provider for agreeing to a contract under Subsection (1).
5627 (b) Any health care provider licensed to treat any illness or injury within the scope of
5628 the health care provider's practice, who is willing and able to meet the terms and conditions
5629 established by the insurer for designation as a preferred health care provider, shall be able to

5630 apply for and receive the designation as a preferred health care provider. Contract terms and
5631 conditions may include reasonable limitations on the number of designated preferred health
5632 care providers based upon substantial objective and economic grounds, or expected use of
5633 particular services based upon prior provider-patient profiles.
5634 (8) Upon the written request of a provider excluded from a provider contract, the
5635 commissioner may hold a hearing to determine if the insurer's exclusion of the provider is
5636 based on the criteria set forth in Subsection (7)(b).
5637 (9) Insurers are subject to the provisions of Sections 31A-22-613.5 , 31A-22-614.5 , and
5638 31A-22-618 .
5639 (10) Nothing in this section is to be construed as to require an insurer to offer a certain
5640 benefit or service as part of a health benefit plan.
5641 (11) This section does not apply to catastrophic mental health coverage provided in
5642 accordance with Section 31A-22-625 .
5643 Section 63. Section 31A-23a-109 is amended to read:
5644 31A-23a-109. Nonresident jurisdictional agreement.
5645 (1) (a) If a nonresident license applicant has a valid producer, limited line producer,
5646 customer service representative, consultant, managing general agent, or reinsurance
5647 intermediary license from the nonresident license applicant's home state and the conditions of
5648 Subsection (1)(b) are met, the commissioner shall:
5649 (i) waive all license requirements for a license under this chapter; and
5650 (ii) issue the nonresident license applicant a nonresident license.
5651 (b) Subsection (1)(a) applies if:
5652 (i) the nonresident license applicant:
5653 (A) is licensed as a resident in the nonresident license applicant's home state at the time
5654 the nonresident license applicant applies for a nonresident producer, limited line producer,
5655 customer service representative, consultant, managing general agent, or reinsurance
5656 intermediary license;
5657 (B) has submitted the proper request for licensure;

5658 (C) has submitted to the commissioner:
5659 (I) the application for licensure that the nonresident license applicant submitted to the
5660 applicant's home state; or
5661 (II) a completed uniform application; and
5662 (D) has paid the applicable fees under Section 31A-3-103 ; and
5663 (ii) the nonresident license applicant's license in the applicant's home state is in good
5664 standing.
5665 (2) A nonresident applicant applying under Subsection (1) shall in addition to
5666 complying with all license requirements for a license under this chapter execute, in a form
5667 acceptable to the commissioner, an agreement to be subject to the jurisdiction of the Utah
5668 commissioner and courts on any matter related to the applicant's insurance activities in this
5669 state, on the basis of:
5670 (a) service of process under Sections 31A-2-309 and 31A-2-310 ; or
5671 (b) service authorized:
5672 (i) in the Utah Rules of Civil Procedure; or
5673 (ii) under Section [ 78-27-25 ] 78B-3-206 .
5674 (3) The commissioner may verify a producer's licensing status through the producer
5675 database maintained by:
5676 (a) the National Association of Insurance Commissioners; or
5677 (b) an affiliate or subsidiary of the National Association of Insurance Commissioners.
5678 (4) The commissioner may not assess a greater fee for an insurance license or related
5679 service to a person not residing in this state solely on the fact that the person does not reside in
5680 this state.
5681 Section 64. Section 31A-26-208 is amended to read:
5682 31A-26-208. Nonresident jurisdictional agreement.
5683 (1) (a) If a nonresident license applicant has a valid license from the nonresident license
5684 applicant's home state and the conditions of Subsection (1)(b) are met, the commissioner shall:
5685 (i) waive any license requirement for a license under this chapter; and

5686 (ii) issue the nonresident license applicant a nonresident adjuster's license.
5687 (b) Subsection (1)(a) applies if:
5688 (i) the nonresident license applicant:
5689 (A) is licensed as a resident in the nonresident license applicant's home state at the time
5690 the nonresident license applicant applies for a nonresident adjuster license;
5691 (B) has submitted the proper request for licensure;
5692 (C) has submitted to the commissioner:
5693 (I) the application for licensure that the nonresident license applicant submitted to the
5694 applicant's home state; or
5695 (II) a completed uniform application; and
5696 (D) has paid the applicable fees under Section 31A-3-103 ;
5697 (ii) the nonresident license applicant's license in the applicant's home state is in good
5698 standing; and
5699 (iii) the nonresident license applicant's home state awards nonresident adjuster licenses
5700 to residents of this state on the same basis as this state awards licenses to residents of that home
5701 state.
5702 (2) A nonresident applicant shall execute in a form acceptable to the commissioner an
5703 agreement to be subject to the jurisdiction of the commissioner and courts of this state on any
5704 matter related to the adjuster's insurance activities in this state, on the basis of:
5705 (a) service of process under Sections 31A-2-309 and 31A-2-310 ; or
5706 (b) other service authorized under the Utah Rules of Civil Procedure or Section
5707 [ 78-27-25 ] 78B-3-206 .
5708 (3) The commissioner may verify the third party administrator's licensing status
5709 through the database maintained by:
5710 (a) the National Association of Insurance Commissioners; or
5711 (b) an affiliate or subsidiary of the National Association of Insurance Commissioners.
5712 (4) The commissioner may not assess a greater fee for an insurance license or related
5713 service to a person not residing in this state based solely on the fact that the person does not

5714 reside in this state.
5715 Section 65. Section 31A-29-103 is amended to read:
5716 31A-29-103. Definitions.
5717 As used in this chapter:
5718 (1) "Board" means the board of directors of the pool created in Section 31A-29-104 .
5719 (2) (a) "Creditable coverage" has the same meaning as provided in Section 31A-1-301 .
5720 (b) "Creditable coverage" does not include a period of time in which there is a
5721 significant break in coverage, as defined in Section 31A-1-301 .
5722 (3) "Domicile" means the place where an individual has a fixed and permanent home
5723 and principal establishment:
5724 (a) to which the individual, if absent, intends to return; and
5725 (b) in which the individual, and the individual's family voluntarily reside, not for a
5726 special or temporary purpose, but with the intention of making a permanent home.
5727 (4) "Enrollee" means an individual who has met the eligibility requirements of the pool
5728 and is covered by a pool policy under this chapter.
5729 (5) "Health care facility" means any entity providing health care services which is
5730 licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
5731 (6) "Health care provider" has the same meaning as provided in Section [ 78-14-3 ]
5732 78B-3-403 .
5733 (7) "Health care services" means:
5734 (a) any service or product:
5735 (i) used in furnishing to any individual medical care or hospitalization; or
5736 (ii) incidental to furnishing medical care or hospitalization; and
5737 (b) any other service or product furnished for the purpose of preventing, alleviating,
5738 curing, or healing human illness or injury.
5739 (8) (a) "Health insurance" means any:
5740 (i) hospital and medical expense-incurred policy;
5741 (ii) nonprofit health care service plan contract; or

5742 (iii) health maintenance organization subscriber contract.
5743 (b) "Health insurance" does not mean:
5744 (i) any insurance arising out of Title 34A, Chapter 2 or 3, or similar law;
5745 (ii) automobile medical payment insurance; or
5746 (iii) insurance under which benefits are payable with or without regard to fault and
5747 which is required by law to be contained in any liability insurance policy.
5748 (9) "Health maintenance organization" has the same meaning as provided in Section
5749 31A-8-101 .
5750 (10) (a) "Health plan" means any arrangement by which an individual, including a
5751 dependent or spouse, covered or making application to be covered under the pool has:
5752 (i) access to hospital and medical benefits or reimbursement including group or
5753 individual insurance or subscriber contract;
5754 (ii) coverage through:
5755 (A) a health maintenance organization;
5756 (B) a preferred provider prepayment;
5757 (C) group practice; or
5758 (D) individual practice plan;
5759 (iii) coverage under an uninsured arrangement of group or group-type contracts
5760 including employer self-insured, cost-plus, or other benefits methodologies not involving
5761 insurance;
5762 (iv) coverage under a group type contract which is not available to the general public
5763 and can be obtained only because of connection with a particular organization or group; and
5764 (v) coverage by Medicare or other governmental benefit.
5765 (b) "Health plan" includes coverage through health insurance.
5766 (11) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
5767 Pub. L. 104-191, 110 Stat. 1936.
5768 (12) "HIPAA eligible" means an individual who is eligible under the provisions of the
5769 Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, 110 Stat. 1936.

5770 (13) "Insurer" means:
5771 (a) an insurance company authorized to transact accident and health insurance business
5772 in this state;
5773 (b) a health maintenance organization; or
5774 (c) a self-insurer not subject to federal preemption.
5775 (14) "Medicaid" means coverage under Title XIX of the Social Security Act, 42 U.S.C.
5776 Sec. 1396 et seq., as amended.
5777 (15) "Medicare" means coverage under both Part A and B of Title XVIII of the Social
5778 Security Act, 42 U.S.C. 1395 et seq., as amended.
5779 (16) "Plan of operation" means the plan developed by the board in accordance with
5780 Section 31A-29-105 and includes the articles, bylaws, and operating rules adopted by the board
5781 under Section 31A-29-106 .
5782 (17) "Pool" means the Utah Comprehensive Health Insurance Pool created in Section
5783 31A-29-104 .
5784 (18) "Pool fund" means the Comprehensive Health Insurance Pool Enterprise Fund
5785 created in Section 31A-29-120 .
5786 (19) "Pool policy" means a health insurance policy issued under this chapter.
5787 (20) "Preexisting condition" has the same meaning as defined in Section 31A-1-301 .
5788 (21) (a) "Resident" or "residency" means a person who is domiciled in this state.
5789 (b) A resident retains residency if that resident leaves this state:
5790 (i) to serve in the armed forces of the United States; or
5791 (ii) for religious or educational purposes.
5792 (22) "Third-party administrator" has the same meaning as provided in Section
5793 31A-1-301 .
5794 Section 66. Section 32A-11a-108 is amended to read:
5795 32A-11a-108. Reasonable compensation -- Arbitration.
5796 (1) If a supplier violates Section 32A-11a-103 or 32A-11a-107 , the supplier shall be
5797 liable to the wholesaler for the laid-in cost of inventory of the affected brands plus any

5798 diminution in the fair market value of the wholesaler's business with relation to the affected
5799 brands. In determining fair market value, consideration shall be given to all elements of value,
5800 including good will and going concern value.
5801 (2) (a) A distributorship agreement may require that any or all disputes between a
5802 supplier and a wholesaler be submitted to binding arbitration. In the absence of an applicable
5803 arbitration provision in the distributorship agreement, either the supplier or the wholesaler may
5804 request arbitration if a supplier and a wholesaler are unable to mutually agree on:
5805 (i) whether or not good cause exists for termination or nonrenewal;
5806 (ii) whether or not the supplier unreasonably withheld approval of a sale or transfer
5807 under Section 32A-11a-107 ; or
5808 (iii) the reasonable compensation to be paid for the value of the wholesaler's business
5809 in accordance with Subsection (1).
5810 (b) If a supplier or wholesaler requests arbitration under Subsection (2)(a) and the other
5811 party agrees to submit the matter to arbitration, an arbitration panel shall be created with the
5812 following members:
5813 (i) one member selected by the supplier in a writing delivered to the wholesaler within
5814 ten business days of the date arbitration was requested under Subsection (2)(a);
5815 (ii) one member selected by the wholesaler in a writing delivered to the supplier within
5816 ten business days of the date arbitration was requested under Subsection (2)(a); and
5817 (iii) one member selected by the two arbitrators appointed under Subsections (2)(b)(i)
5818 and (ii).
5819 (c) If the arbitrators selected under Subsection (2)(b)(iii) fail to choose a third arbitrator
5820 within ten business days of their selection, a judge of a district court in the county in which the
5821 wholesaler's principal place of business is located shall select the third arbitrator.
5822 (d) Arbitration costs shall be divided equally between the wholesaler and the supplier.
5823 (e) The award of the arbitration panel is binding on the parties unless appealed within
5824 20 days from the date of the award.
5825 (f) Subject to the requirements of this chapter, arbitration and all proceedings on appeal

5826 shall be governed by Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act.
5827 Section 67. Section 32A-12-209 is amended to read:
5828 32A-12-209. Unlawful purchase, possession, consumption by minors --
5829 Measurable amounts in body.
5830 (1) Unless specifically authorized by this title, it is unlawful for any minor to:
5831 (a) purchase any alcoholic beverage or product;
5832 (b) attempt to purchase any alcoholic beverage or product;
5833 (c) solicit another person to purchase any alcoholic beverage or product;
5834 (d) possess any alcoholic beverage or product;
5835 (e) consume any alcoholic beverage or product; or
5836 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
5837 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
5838 beverage or product for a minor for:
5839 (a) any minor to misrepresent the minor's age; or
5840 (b) any other person to misrepresent the age of a minor.
5841 (3) It is unlawful for a minor to possess or consume any alcoholic beverage while
5842 riding in a limousine or chartered bus.
5843 (4) When a minor who is at least 18 years old, but younger than 21 years old, is found
5844 by a court to have violated this section:
5845 (a) if the violation is the minor's first violation of this section, the court may suspend
5846 the minor's driving privileges; or
5847 (b) if the violation is the minor's second or subsequent violation of this section, the
5848 court shall suspend the minor's driving privileges.
5849 (5) When a minor who is at least 13 years old, but younger than 18 years old, is found
5850 by the court to have violated this section, the provisions regarding suspension of the driver's
5851 license under Section [ 78-3a-506 ] 78A-6-606 apply to the violation.
5852 (6) When the court issues an order suspending a person's driving privileges for a
5853 violation of this section, the Driver License Division shall suspend the person's license under

5854 Section 53-3-219 .
5855 (7) When the Department of Public Safety receives the arrest or conviction record of a
5856 person for a driving offense committed while the person's license is suspended pursuant to this
5857 section, the department shall extend the suspension for an additional like period of time.
5858 (8) This section does not apply to a minor's consumption of an alcoholic beverage or
5859 product in accordance with this title:
5860 (a) for medicinal purposes if the alcoholic beverage or product is furnished by:
5861 (i) the parent or guardian of the minor; or
5862 (ii) the minor's physician or dentist; or
5863 (b) as part of a church's or religious organization's religious services.
5864 Section 68. Section 32A-12-209.5 is amended to read:
5865 32A-12-209.5. Unlawful admittance or attempt to gain admittance by minor.
5866 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
5867 premises of:
5868 (a) a tavern; or
5869 (b) a class D private club, except to the extent authorized by Subsection 32A-5-107 (8).
5870 (2) A minor who violates this section is guilty of a class C misdemeanor.
5871 (3) When a minor who is at least 18 years old, but younger than 21 years old, is found
5872 by a court to have violated this section:
5873 (a) if the violation is the minor's first violation of this section, the court may suspend
5874 the minor's driving privileges; or
5875 (b) if the violation is the minor's second or subsequent violation of this section, the
5876 court shall suspend the minor's driving privileges.
5877 (4) When a minor who is at least 13 years old, but younger than 18 years old, is found
5878 by a court to have violated this section, the provisions regarding suspension of the driver's
5879 license under Section [ 78-3a-506 ] 78A-6-606 apply to the violation.
5880 (5) When the court issues an order suspending a person's driving privileges for a
5881 violation of this section, the Driver License Division shall suspend the person's license under

5882 Section 53-3-219 .
5883 (6) When the Department of Public Safety receives the arrest or conviction record of a
5884 person for a driving offense committed while the person's license is suspended pursuant to this
5885 section, the department shall extend the suspension for an additional like period of time.
5886 Section 69. Section 32A-14a-102 is amended to read:
5887 32A-14a-102. Liability for injuries and damage resulting from distribution of
5888 alcoholic beverages -- Causes of action -- Statute of limitations -- Employee protections.
5889 (1) (a) Except as provided in Section 32A-14a-103 , a person described in Subsection
5890 (1)(b) is liable for:
5891 (i) any and all injury and damage, except punitive damages to:
5892 (A) any third person; or
5893 (B) the heir, as defined in Section [ 78-11-6.5 ] 78B-3-105 , of that third person; or
5894 (ii) for the death of a third person.
5895 (b) A person is liable under Subsection (1)(a) if:
5896 (i) the person directly gives, sells, or otherwise provides an alcoholic beverage:
5897 (A) to a person described in Subsection (1)(b)(ii); and
5898 (B) as part of the commercial sale, storage, service, manufacture, distribution, or
5899 consumption of alcoholic products;
5900 (ii) those actions cause the intoxication of:
5901 (A) any individual under the age of 21 years;
5902 (B) any individual who is apparently under the influence of intoxicating alcoholic
5903 products or drugs;
5904 (C) any individual whom the person furnishing the alcoholic beverage knew or should
5905 have known from the circumstances was under the influence of intoxicating alcoholic
5906 beverages or products or drugs; or
5907 (D) any individual who is a known interdicted person; and
5908 (iii) the injury or death described in Subsection (1)(a) results from the intoxication of
5909 the individual who is provided the alcoholic beverage.

5910 (2) (a) A person 21 years of age or older who is described in Subsection (2)(b) is liable
5911 for:
5912 (i) any and all injury and damage, except punitive damages to:
5913 (A) any third person; or
5914 (B) the heir, as defined in Section [ 78-11-6.5 ] 78B-3-105 , of that third person; or
5915 (ii) for the death of the third person.
5916 (b) A person is liable under Subsection (2)(a) if:
5917 (i) that person directly gives or otherwise provides an alcoholic beverage to an
5918 individual who the person knows or should have known is under the age of 21 years;
5919 (ii) those actions caused the intoxication of the individual provided the alcoholic
5920 beverage;
5921 (iii) the injury or death described in Subsection (2)(a) results from the intoxication of
5922 the individual who is provided the alcoholic beverage; and
5923 (iv) the person is not liable under Subsection (1), because the person did not directly
5924 give or provide the alcoholic beverage as part of the commercial sale, storage, service,
5925 manufacture, distribution, or consumption of alcoholic products.
5926 (3) Except for a violation of Subsection (2), an employer is liable for the actions of its
5927 employees in violation of this chapter.
5928 (4) A person who suffers an injury under Subsection (1) or (2) has a cause of action
5929 against the person who provided the alcoholic beverage in violation of Subsection (1) or (2).
5930 (5) If a person having rights or liabilities under this chapter dies, the rights or liabilities
5931 provided by this chapter survive to or against that person's estate.
5932 (6) The total amount that may be awarded to any person pursuant to a cause of action
5933 for injury and damage under this chapter that arises after January 1, 1998, is limited to
5934 $500,000 and the aggregate amount which may be awarded to all persons injured as a result of
5935 one occurrence is limited to $1,000,000.
5936 (7) An action based upon a cause of action under this chapter shall be commenced
5937 within two years after the date of the injury and damage.

5938 (8) (a) Nothing in this chapter precludes any cause of action or additional recovery
5939 against the person causing the injury.
5940 (b) Any cause of action or additional recovery against the person causing the injury and
5941 damage, which action is not brought under this chapter, is exempt from the damage cap in
5942 Subsection (6).
5943 (c) Any cause of action brought under this chapter is exempt from Sections [ 78-27-37 ]
5944 78B-5-817 through [ 78-27-43 ] 78B-5-823 .
5945 (9) This section does not apply to a business licensed under Chapter 10, Part 1, General
5946 Provisions, to sell beer at retail only for off-premise consumption.
5947 Section 70. Section 34A-1-302 is amended to read:
5948 34A-1-302. Presiding officers for adjudicative proceedings -- Subpoenas --
5949 Independent judgment -- Consolidation -- Record -- Notice of order.
5950 (1) (a) The commissioner shall authorize the Division of Adjudication to call, assign a
5951 presiding officer, and conduct hearings and adjudicative proceedings when an application for a
5952 proceeding is filed with the Division of Adjudication under this title.
5953 (b) The director of the Division of Adjudication or the director's designee may issue
5954 subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation
5955 and offenders may be punished as provided in Section [ 78-32-15 ] 78B-6-313 .
5956 (c) Witnesses subpoenaed under this section are allowed fees as provided by law for
5957 witnesses in the district court of the state. The witness fees shall be paid by the state unless the
5958 witness is subpoenaed at the instance of a party other than the commission.
5959 (d) A presiding officer assigned under this section may not participate in any case in
5960 which the presiding officer is an interested party. Each decision of a presiding officer shall
5961 represent the presiding officer's independent judgment.
5962 (2) If, in the judgment of the presiding officer having jurisdiction of the proceeding the
5963 consolidation would not be prejudicial to any party, when the same or substantially similar
5964 evidence is relevant and material to the matters in issue in more than one proceeding, the
5965 presiding officer may:

5966 (a) fix the same time and place for considering each matter;
5967 (b) jointly conduct hearings;
5968 (c) make a single record of the proceedings; and
5969 (d) consider evidence introduced with respect to one proceeding as introduced in the
5970 others.
5971 (3) (a) The commission shall keep a full and complete record of all adjudicative
5972 proceedings in connection with a disputed matter.
5973 (b) All testimony at any hearing shall be recorded but need not be transcribed. If a
5974 party requests transcription, the transcription shall be provided at the party's expense.
5975 (c) All records on appeals shall be maintained by the Division of Adjudication. The
5976 records shall include an appeal docket showing the receipt and disposition of the appeals.
5977 (4) A party in interest shall be given notice of the entry of a presiding officer's order or
5978 any order or award of the commission. The mailing of the copy of the order or award to the
5979 last-known address in the files of the commission of a party in interest and to the attorneys or
5980 agents of record in the case, if any, is considered to be notice of the order.
5981 (5) In any formal adjudicative proceeding, the presiding officer may take any action
5982 permitted under Section 63-46b-8 .
5983 Section 71. Section 34A-2-106 is amended to read:
5984 34A-2-106. Injuries or death caused by wrongful acts of persons other than
5985 employer, officer, agent, or employee of employer -- Rights of employer or insurance
5986 carrier in cause of action -- Maintenance of action -- Notice of intention to proceed
5987 against third party -- Right to maintain action not involving employee-employer
5988 relationship -- Disbursement of proceeds of recovery -- Exclusive remedy.
5989 (1) When any injury or death for which compensation is payable under this chapter or
5990 Chapter 3, Utah Occupational Disease Act is caused by the wrongful act or neglect of a person
5991 other than an employer, officer, agent, or employee of the employer:
5992 (a) the injured employee, or in case of death, the employee's dependents, may claim
5993 compensation; and

5994 (b) the injured employee or the employee's heirs or personal representative may have
5995 an action for damages against the third person.
5996 (2) (a) If compensation is claimed and the employer or insurance carrier becomes
5997 obligated to pay compensation, the employer or insurance carrier:
5998 (i) shall become trustee of the cause of action against the third party; and
5999 (ii) may bring and maintain the action either in its own name or in the name of the
6000 injured employee, or the employee's heirs or the personal representative of the deceased.
6001 (b) Notwithstanding Subsection (2)(a), an employer or insurance carrier may not settle
6002 and release a cause of action of which it is a trustee under Subsection (2)(a) without the consent
6003 of the commission.
6004 (3) (a) Before proceeding against a third party, to give a person described in
6005 Subsections (3)(a)(i) and (ii) a reasonable opportunity to enter an appearance in the proceeding,
6006 the injured employee or, in case of death, the employee's heirs, shall give written notice of the
6007 intention to bring an action against the third party to:
6008 (i) the carrier; and
6009 (ii) any other person obligated for the compensation payments.
6010 (b) The injured employee, or, in case of death, the employee's heirs, shall give written
6011 notice to the carrier and other person obligated for the compensation payments of any known
6012 attempt to attribute fault to the employer, officer, agent, or employee of the employer:
6013 (i) by way of settlement; or
6014 (ii) in a proceeding brought by the injured employee, or, in case of death, the
6015 employee's heirs.
6016 (4) For the purposes of this section and notwithstanding Section 34A-2-103 , the
6017 injured employee or the employee's heirs or personal representative may also maintain an
6018 action for damages against any of the following persons who do not occupy an
6019 employee-employer relationship with the injured or deceased employee at the time of the
6020 employee's injury or death:
6021 (a) a subcontractor;

6022 (b) a general contractor;
6023 (c) an independent contractor;
6024 (d) a property owner; or
6025 (e) a lessee or assignee of a property owner.
6026 (5) If any recovery is obtained against a third person, it shall be disbursed in
6027 accordance with Subsections (5)(a) through (c).
6028 (a) The reasonable expense of the action, including [attorneys'] attorney fees, shall be
6029 paid and charged proportionately against the parties as their interests may appear. Any fee
6030 chargeable to the employer or carrier is to be a credit upon any fee payable by the injured
6031 employee or, in the case of death, by the dependents, for any recovery had against the third
6032 party.
6033 (b) The person liable for compensation payments shall be reimbursed, less the
6034 proportionate share of costs and [attorneys'] attorney fees provided for in Subsection (5)(a), for
6035 the payments made as follows:
6036 (i) without reduction based on fault attributed to the employer, officer, agent, or
6037 employee of the employer in the action against the third party if the combined percentage of
6038 fault attributed to persons immune from suit is determined to be less than 40% prior to any
6039 reallocation of fault under Subsection [ 78-27-39 ] 78B-5-819 (2); or
6040 (ii) less the amount of payments made multiplied by the percentage of fault attributed
6041 to the employer, officer, agent, or employee of the employer in the action against the third party
6042 if the combined percentage of fault attributed to persons immune from suit is determined to be
6043 40% or more prior to any reallocation of fault under Subsection [ 78-27-39 ] 78B-5-819 (2).
6044 (c) The balance shall be paid to the injured employee, or the employee's heirs in case of
6045 death, to be applied to reduce or satisfy in full any obligation thereafter accruing against the
6046 person liable for compensation.
6047 (6) The apportionment of fault to the employer in a civil action against a third party is
6048 not an action at law and does not impose any liability on the employer. The apportionment of
6049 fault does not alter or diminish the exclusiveness of the remedy provided to employees, their

6050 heirs, or personal representatives, or the immunity provided employers pursuant to Section
6051 34A-2-105 or 34A-3-102 for injuries sustained by an employee, whether resulting in death or
6052 not. Any court in which a civil action is pending shall issue a partial summary judgment to an
6053 employer with respect to the employer's immunity as provided in Section 34A-2-105 or
6054 34A-3-102 , even though the conduct of the employer may be considered in allocating fault to
6055 the employer in a third party action in the manner provided in Sections [ 78-27-37 ] 78B-5-817
6056 through [ 78-27-43 ] 78B-5-823 .
6057 Section 72. Section 34A-2-901 is amended to read:
6058 34A-2-901. Workers' compensation presumption for emergency medical services
6059 providers.
6060 (1) An emergency medical services provider who claims to have contracted a disease,
6061 as defined by Section [ 78-29-101 ] 78B-8-401 , as a result of a significant exposure in the
6062 performance of his duties as an emergency medical services provider, is presumed to have
6063 contracted the disease by accident during the course of his duties as an emergency medical
6064 services provider if:
6065 (a) his employment or service as an emergency medical services provider in this state
6066 commenced prior to July 1, 1988, and he tests positive for a disease during the tenure of his
6067 employment or service, or within three months after termination of his employment or service;
6068 or
6069 (b) the individual's employment or service as an emergency medical services provider
6070 in this state commenced on or after July 1, 1988, and he tests negative for any disease at the
6071 time his employment or service commenced, and again three months later, and he subsequently
6072 tests positive during the tenure of his employment or service, or within three months after
6073 termination of his employment or service.
6074 (2) Each emergency medical services agency shall inform the emergency medical
6075 services providers that it employs or utilizes of the provisions and benefits of this section at
6076 commencement of and termination of employment or service.
6077 Section 73. Section 34A-2-902 is amended to read:

6078 34A-2-902. Workers' compensation claims by emergency medical services
6079 providers -- Time limits.
6080 (1) For all purposes of establishing a workers' compensation claim, the "date of
6081 accident" is presumed to be the date on which an emergency medical services provider first
6082 tests positive for a disease, as defined in Section [ 78-29-101 ] 78B-8-401 . However, for
6083 purposes of establishing the rate of workers' compensation benefits under Subsection
6084 34A-2-702 (5), if a positive test for a disease occurs within three months after termination of
6085 employment, the last date of employment is presumed to be the "date of accident."
6086 (2) The time limits prescribed by Section 34A-2-417 do not apply to an employee
6087 whose disability is due to a disease, so long as the employee who claims to have suffered a
6088 significant exposure in the service of his employer gives notice, as required by Section
6089 34A-3-108 , of the "date of accident."
6090 (3) Any claim for workers' compensation benefits or medical expenses shall be filed
6091 with the Division of Adjudication of the Labor Commission within one year after the date on
6092 which the employee first becomes disabled or requires medical treatment for a disease, or
6093 within one year after the termination of employment as an emergency medical services
6094 provider, whichever occurs later.
6095 Section 74. Section 34A-6-301 is amended to read:
6096 34A-6-301. Inspection and investigation of workplace, worker injury, illness, or
6097 complaint -- Warrants -- Attendance of witnesses -- Recordkeeping by employers --
6098 Employer and employee representatives -- Request for inspection -- Compilation and
6099 publication of reports and information -- Rules.
6100 (1) (a) The division or its representatives, upon presenting appropriate credentials to
6101 the owner, operator, or agent in charge, may:
6102 (i) enter without delay at reasonable times any workplace where work is performed by
6103 an employee of an employer;
6104 (ii) inspect and investigate during regular working hours and at other reasonable times
6105 in a reasonable manner, any workplace, worker injury, occupational disease, or complaint and

6106 all pertinent methods, operations, processes, conditions, structures, machines, apparatus,
6107 devices, equipment, and materials in the workplace; and
6108 (iii) question privately any such employer, owner, operator, agent, or employee.
6109 (b) The division, upon an employer's refusal to permit an inspection, may seek a
6110 warrant pursuant to the Utah Rules of Criminal Procedure.
6111 (2) (a) The division or its representatives may require the attendance and testimony of
6112 witnesses and the production of evidence under oath.
6113 (b) Witnesses shall receive fees and mileage in accordance with Section [ 78-46-28 ]
6114 78B-1-119 .
6115 (c) (i) If any person fails or refuses to obey an order of the division to appear, any
6116 district court within the jurisdiction of which such person is found, or resides or transacts
6117 business, upon the application by the division, shall have jurisdiction to issue to any person an
6118 order requiring that person to:
6119 (A) appear to produce evidence if, as, and when so ordered; and
6120 (B) give testimony relating to the matter under investigation or in question.
6121 (ii) Any failure to obey an order of the court described in this Subsection (2)(c) may be
6122 punished by the court as a contempt.
6123 (3) (a) The commission shall make rules in accordance with Title 63, Chapter 46a,
6124 Utah Administrative Rulemaking Act, requiring employers:
6125 (i) to keep records regarding activities related to this chapter considered necessary for
6126 enforcement or for the development of information about the causes and prevention of
6127 occupational accidents and diseases; and
6128 (ii) through posting of notices or other means, to inform employees of their rights and
6129 obligations under this chapter including applicable standards.
6130 (b) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
6131 Administrative Rulemaking Act, requiring employers to keep records regarding any
6132 work-related death and injury and any occupational disease as provided in this Subsection
6133 (3)(b).

6134 (i) Each employer shall investigate or cause to be investigated all work-related injuries
6135 and occupational diseases and any sudden or unusual occurrence or change of conditions that
6136 pose an unsafe or unhealthful exposure to employees.
6137 (ii) Each employer shall, within eight hours of occurrence, notify the division of any:
6138 (A) work-related fatality;
6139 (B) disabling, serious, or significant injury; or
6140 (C) occupational disease incident.
6141 (iii) (A) Each employer shall file a report with the Division of Industrial Accidents
6142 within seven days after the occurrence of an injury or occupational disease, after the employer's
6143 first knowledge of the occurrence, or after the employee's notification of the same, in the form
6144 prescribed by the Division of Industrial Accidents, of any work-related fatality or any
6145 work-related injury or occupational disease resulting in:
6146 (I) medical treatment;
6147 (II) loss of consciousness;
6148 (III) loss of work;
6149 (IV) restriction of work; or
6150 (V) transfer to another job.
6151 (B) (I) Each employer shall file a subsequent report with the Division of Industrial
6152 Accidents of any previously reported injury or occupational disease that later resulted in death.
6153 (II) The subsequent report shall be filed with the Division of Industrial Accidents
6154 within seven days following the death or the employer's first knowledge or notification of the
6155 death.
6156 (iv) A report is not required for minor injuries, such as cuts or scratches that require
6157 first-aid treatment only, unless a treating physician files, or is required to file, the Physician's
6158 Initial Report of Work Injury or Occupational Disease with the Division of Industrial
6159 Accidents.
6160 (v) A report is not required:
6161 (A) for occupational diseases that manifest after the employee is no longer employed

6162 by the employer with which the exposure occurred; or
6163 (B) where the employer is not aware of an exposure occasioned by the employment
6164 which results in a compensable occupational disease as defined by Section 34A-3-103 .
6165 (vi) Each employer shall provide the employee with:
6166 (A) a copy of the report submitted to the Division of Industrial Accidents; and
6167 (B) a statement, as prepared by the Division of Industrial Accidents, of the employee's
6168 rights and responsibilities related to the industrial injury or occupational disease.
6169 (vii) Each employer shall maintain a record in a manner prescribed by the commission
6170 of all work-related fatalities or work-related injuries and of all occupational diseases resulting
6171 in:
6172 (A) medical treatment;
6173 (B) loss of consciousness;
6174 (C) loss of work;
6175 (D) restriction of work; or
6176 (E) transfer to another job.
6177 (viii) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
6178 Administrative Rulemaking Act, to implement this Subsection (3)(b) consistent with nationally
6179 recognized rules or standards on the reporting and recording of work-related injuries and
6180 occupational diseases.
6181 (c) (i) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
6182 Administrative Rulemaking Act, requiring employers to keep records regarding exposures to
6183 potentially toxic materials or harmful physical agents required to be measured or monitored
6184 under Section 34A-6-202 .
6185 (ii) (A) The rules made under Subsection (3)(c)(i) shall provide for employees or their
6186 representatives:
6187 (I) to observe the measuring or monitoring; and
6188 (II) to have access to the records of the measuring or monitoring, and to records that
6189 indicate their exposure to toxic materials or harmful agents.

6190 (B) Each employer shall promptly notify employees being exposed to toxic materials or
6191 harmful agents in concentrations that exceed prescribed levels and inform any such employee
6192 of the corrective action being taken.
6193 (4) Information obtained by the division shall be obtained with a minimum burden
6194 upon employers, especially those operating small businesses.
6195 (5) A representative of the employer and a representative authorized by employees
6196 shall be given an opportunity to accompany the division's authorized representative during the
6197 physical inspection of any workplace. If there is no authorized employee representative, the
6198 division's authorized representative shall consult with a reasonable number of employees
6199 concerning matters of health and safety in the workplace.
6200 (6) (a) (i) (A) Any employee or representative of employees who believes that a
6201 violation of an adopted safety or health standard exists that threatens physical harm, or that an
6202 imminent danger exists, may request an inspection by giving notice to the division's authorized
6203 representative of the violation or danger. The notice shall be:
6204 (I) in writing, setting forth with reasonable particularity the grounds for notice; and
6205 (II) signed by the employee or representative of employees.
6206 (B) A copy of the notice shall be provided the employer or the employer's agent no
6207 later than at the time of inspection.
6208 (C) Upon request of the person giving notice, the person's name and the names of
6209 individual employees referred to in the notice shall not appear in the copy or on any record
6210 published, released, or made available pursuant to Subsection (7).
6211 (ii) (A) If upon receipt of the notice the division's authorized representative determines
6212 there are reasonable grounds to believe that a violation or danger exists, the authorized
6213 representative shall make a special inspection in accordance with this section as soon as
6214 practicable to determine if a violation or danger exists.
6215 (B) If the division's authorized representative determines there are no reasonable
6216 grounds to believe that a violation or danger exists, the authorized representative shall notify
6217 the employee or representative of the employees in writing of that determination.

6218 (b) (i) Prior to or during any inspection of a workplace, any employee or representative
6219 of employees employed in the workplace may notify the division or its representative of any
6220 violation of a standard that they have reason to believe exists in the workplace.
6221 (ii) The division shall:
6222 (A) by rule, establish procedures for informal review of any refusal by a representative
6223 of the division to issue a citation with respect to any alleged violation; and
6224 (B) furnish the employees or representative of employees requesting review a written
6225 statement of the reasons for the division's final disposition of the case.
6226 (7) (a) The division may compile, analyze, and publish, either in summary or detailed
6227 form, all reports or information obtained under this section, subject to the limitations set forth
6228 in Section 34A-6-306 .
6229 (b) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
6230 Administrative Rulemaking Act, necessary to carry out its responsibilities under this chapter,
6231 including rules for information obtained under this section, subject to the limitations set forth
6232 in Section 34A-6-306 .
6233 (8) Any employer who refuses or neglects to make reports, to maintain records, or to
6234 file reports with the commission as required by this section is guilty of a class C misdemeanor
6235 and subject to citation under Section 34A-6-302 and a civil assessment as provided under
6236 Section 34A-6-307 , unless the commission finds that the employer has shown good cause for
6237 submitting a report later than required by this section.
6238 Section 75. Section 34A-7-202 is amended to read:
6239 34A-7-202. Definitions.
6240 As used in this part:
6241 (1) "Division" means the Division of Boiler and Elevator Safety within the
6242 commission.
6243 (2) (a) "Elevator" means a hoisting and lowering mechanism:
6244 (i) equipped with a car or platform; and
6245 (ii) that moves in guides in a substantially vertical direction.

6246 (b) "Elevator" does not mean:
6247 (i) a device used for the sole purpose of elevating or lowering materials such as:
6248 (A) a dumbwaiter;
6249 (B) a conveyor; or
6250 (C) a chain, bucket, or construction hoist;
6251 (ii) a tiering, piling, feeding, or similar machine giving service within only one story;
6252 (iii) a portable platform;
6253 (iv) a stage lift;
6254 (v) a device installed in a single family dwelling;
6255 (vi) a device installed in a facility owned and operated by the federal government; or
6256 (vii) an amusement ride, as defined in Section [ 78-27-61 ] 78B-4-507 .
6257 (3) (a) "Escalator" means a stairway, moving walkway, or runway that is:
6258 (i) power-driven;
6259 (ii) continuous; and
6260 (iii) used to transport one or more individuals.
6261 (b) "Escalator" does not mean:
6262 (i) a device used for the sole purpose of elevating or lowering materials such as:
6263 (A) a dumbwaiter;
6264 (B) a conveyor; or
6265 (C) a chain, bucket, or construction hoist;
6266 (ii) a device installed in a single-family dwelling;
6267 (iii) a device installed in a facility owned and operated by the federal government; or
6268 (iv) an amusement ride, as defined in Section [ 78-27-61 ] 78B-4-507 .
6269 (4) "Owner or operator" means a person who owns, controls, or has the duty to control
6270 the operation of an elevator or escalator.
6271 (5) "Safety code" means the one or more codes adopted by the division in accordance
6272 with Subsection 34A-7-203 (6) to be used in inspecting elevators and escalators.
6273 Section 76. Section 35A-1-301 is amended to read:

6274 35A-1-301. Presiding officers for adjudicative proceedings -- Subpoenas --
6275 Independent judgment -- Consolidation -- Record -- Notice of order.
6276 (1) (a) The executive director shall authorize the Division of Adjudication to call,
6277 assign a presiding officer, and conduct hearings and adjudicative proceedings when an
6278 application for a proceeding is filed with the Division of Adjudication under this title.
6279 (b) The director of the Division of Adjudication or the director's designee may issue
6280 subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation
6281 and offenders may be punished as provided in Section [ 78-32-15 ] 78B-6-313 .
6282 (c) Witnesses subpoenaed under this section are allowed fees as provided by law for
6283 witnesses in the district court of the state. The fees shall be paid as follows:
6284 (i) The witness fees shall be paid by the state unless the witness is subpoenaed at the
6285 instance of a party other than the department.
6286 (ii) Notwithstanding Subsection (1)(c)(i), if the subpoena is issued under Chapter 4,
6287 Employment Security Act, the fees are part of the expense of administering that chapter.
6288 (d) A presiding officer assigned under this section may not participate in any case in
6289 which the presiding officer is an interested party. Each decision of a presiding officer shall
6290 represent the presiding officer's independent judgment.
6291 (2) In the judgment of the presiding officer having jurisdiction of the proceedings the
6292 consolidation would not be prejudicial to any party, when the same or substantially similar
6293 evidence is relevant and material to the matters in issue in more than one proceeding:
6294 (a) the presiding officer may fix the same time and place for considering each matter;
6295 (b) jointly conduct hearings;
6296 (c) make a single record of the proceedings; and
6297 (d) consider evidence introduced with respect to one proceeding as introduced in the
6298 others.
6299 (3) (a) The director shall keep a full and complete record of all adjudicative proceedings
6300 in connection with a disputed matter.
6301 (b) All testimony at any hearing shall be recorded but need not be transcribed unless

6302 the disputed matter is appealed. If a party requests transcription, the transcription shall be
6303 provided at the party's expense.
6304 (c) All records on appeals shall be maintained in the offices of the Division of
6305 Adjudication. The records shall include an appeal docket showing the receipt and disposition
6306 of the appeals.
6307 (4) A party in interest shall be given notice of the entry of a presiding officer's order or
6308 any order or award of the department. The mailing of the copy of the order or award to the
6309 last-known address in the files of the department of a party in interest and to the attorneys or
6310 agents of record in the case, if any, is considered to be notice of the order.
6311 (5) In any formal adjudication proceeding, the presiding officer may take any action
6312 permitted under Section 63-46b-8 .
6313 Section 77. Section 35A-3-307 is amended to read:
6314 35A-3-307. Cash assistance to a single minor parent.
6315 (1) The division may provide cash assistance to a single minor parent in accordance
6316 with this section.
6317 (2) A single minor parent who receives cash assistance under this part shall:
6318 (a) reside in a place of residence maintained by a parent, legal guardian, or other adult
6319 relative of the single minor parent, except as provided in Subsection (3);
6320 (b) participate in education for parenting and life skills;
6321 (c) participate in infant and child wellness programs operated by the Department of
6322 Health; and
6323 (d) for not less than 20 hours per week:
6324 (i) attend high school or an alternative to high school, if the single minor parent does
6325 not have a high school diploma;
6326 (ii) participate in education or training;
6327 (iii) participate in employment; or
6328 (iv) participate in a combination of employment and education or training.
6329 (3) (a) If the division determines that the requirements of Subsection (2)(a) are not

6330 appropriate for a single minor parent, the division may assist the single minor parent to obtain
6331 suitable living arrangements, including an adult-supervised living arrangement.
6332 (b) As a condition of receiving cash assistance, a single minor parent who is exempt
6333 from the requirements of Subsection (2)(a) shall reside in a living arrangement that is approved
6334 by the division.
6335 (c) The approval by the division of a living arrangement under Subsection (3)(b):
6336 (i) is a means of safeguarding the use of state and federal funds; and
6337 (ii) is not a certification or guarantee of the safety, quality, or condition of the living
6338 arrangements of the single minor parent.
6339 (4) (a) If a single minor parent resides with a parent, the division shall include the
6340 income of the parent of the single minor parent in determining the single minor parent's
6341 eligibility for services and supports under this part.
6342 (b) If a single minor parent receives services and supports under this chapter but does
6343 not reside with a parent, the division shall seek an order under Title [78] 78B, Chapter [45,
6344 Uniform Civil Liability for] 12, Utah Child Support Act, requiring the parent of the single
6345 minor parent to financially support the single minor parent.
6346 (5) The requirements of this section shall be included in a single minor parent's
6347 employment plan under Section 35A-3-304 .
6348 Section 78. Section 35A-3-308 is amended to read:
6349 35A-3-308. Adoption services -- Printed information -- Supports provided.
6350 (1) The division may provide assistance under this section to a client who is pregnant
6351 and is not receiving cash assistance no sooner than the beginning of the third trimester of
6352 pregnancy.
6353 (2) For pregnant clients, the division shall:
6354 (a) refer the client for appropriate prenatal medical care, including maternal health
6355 services provided under Title 26, Chapter 10, Family Health Services;
6356 (b) inform the client of free counseling about adoption from licensed child placement
6357 agencies and licensed attorneys; and

6358 (c) offer the client the adoption information packet described in Subsection (3).
6359 (3) The department shall publish an adoption information packet that:
6360 (a) is easy to understand;
6361 (b) contains geographically indexed materials on the public and private organizations
6362 that provide adoption assistance;
6363 (c) lists the names, addresses, and telephone numbers of licensed child placement
6364 agencies and licensed attorneys who place children for adoption;
6365 (d) explains that private adoption is legal and that the law permits adoptive parents to
6366 reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
6367 pregnancy; and
6368 (e) describes the services and supports available to the client under this section.
6369 (4) (a) A client remains eligible for assistance under this section, even though the client
6370 relinquishes a child for adoption, provided that the adoption is in accordance with [Section
6371 78-30-4.14 ] Sections 78B-6-120 through 78B-6-122 .
6372 (b) The assistance provided under this section may include:
6373 (i) reimbursement for expenses associated with care and confinement during pregnancy
6374 as provided for in Subsection (5); and
6375 (ii) for a maximum of 12 months from the date of relinquishment, coordination of
6376 services to assist the client in:
6377 (A) receiving appropriate educational and occupational assessment and planning;
6378 (B) enrolling in appropriate education or training programs, including high school
6379 completion and adult education programs;
6380 (C) enrolling in programs that provide assistance with job readiness, employment
6381 counseling, finding employment, and work skills;
6382 (D) finding suitable housing;
6383 (E) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act,
6384 if the client is otherwise eligible; and
6385 (F) receiving counseling and other mental health services.

6386 (5) (a) Except as provided in Subsection (5)(b), a client is eligible to receive an amount
6387 equal to the maximum monthly amount of cash assistance paid to one person for up to 12
6388 consecutive months from the date of relinquishment.
6389 (b) If a client is otherwise eligible to receive cash assistance under this part, the client
6390 is eligible to receive an amount equal to the increase in cash assistance the client would have
6391 received but for the relinquishment for up to 12 consecutive months from the date of
6392 relinquishment.
6393 (6) (a) To be eligible for assistance under this section, a client shall:
6394 (i) with the cooperation of the division, develop and implement an employment plan
6395 containing goals for achieving self-sufficiency and describing the action the client will take
6396 concerning education and training that will result in full-time employment;
6397 (ii) if the client does not have a high school diploma, enroll in high school or an
6398 alternative to high school and demonstrate progress toward graduation; and
6399 (iii) make a good faith effort to meet the goals of the employment plan as provided in
6400 Section 35A-3-304 .
6401 (b) Cash assistance provided to a client before the client relinquishes a child for
6402 adoption is part of the state plan.
6403 (c) Assistance provided under Subsection (5):
6404 (i) shall be provided for with state funds; and
6405 (ii) may not be tolled when determining subsequent eligibility for cash assistance under
6406 this chapter.
6407 (d) The time limit provisions of Section 35A-3-306 apply to cash assistance provided
6408 under the state plan.
6409 (e) The division shall monitor a client's compliance with this section.
6410 (f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the
6411 state plan.
6412 Section 79. Section 35A-4-305 is amended to read:
6413 35A-4-305. Collection of contributions -- Unpaid contributions to bear interest.

6414 (1) (a) Contributions unpaid on the date on which they are due and payable, as
6415 prescribed by the division, shall bear interest at the rate of 1% per month from and after that
6416 date until payment plus accrued interest is received by the division.
6417 (b) (i) Contribution reports not made and filed by the date on which they are due as
6418 prescribed by the division are subject to a penalty to be assessed and collected in the same
6419 manner as contributions due under this section equal to 5% of the contribution due if the failure
6420 to file on time was not more than 15 days, with an additional 5% for each additional 15 days or
6421 fraction thereof during which the failure continued, but not to exceed 25% in the aggregate and
6422 not less than $25 with respect to each reporting period.
6423 (ii) If a report is filed after the required time and it is shown to the satisfaction of the
6424 division or its authorized representative that the failure to file was due to a reasonable cause
6425 and not to willful neglect, no addition shall be made to the contribution.
6426 (c) (i) If contributions are unpaid after ten days from the date of the mailing or personal
6427 delivery by the division or its authorized representative, of a written demand for payment, there
6428 shall attach to the contribution, to be assessed and collected in the same manner as
6429 contributions due under this section, a penalty equal to 5% of the contribution due.
6430 (ii) A penalty may not attach if within ten days after the mailing or personal delivery,
6431 arrangements for payment have been made with the division, or its authorized representative,
6432 and payment is made in accordance with those arrangements.
6433 (d) The division shall assess as a penalty a service charge, in addition to any other
6434 penalties that may apply, in an amount not to exceed the service charge imposed by Section
6435 7-15-1 for dishonored instruments if:
6436 (i) any amount due the division for contributions, interest, other penalties or benefit
6437 overpayments is paid by check, draft, order, or other instrument; and
6438 (ii) the instrument is dishonored or not paid by the institution against which it is drawn.
6439 (e) Except for benefit overpayments under Subsection 35A-4-405 (5), benefit
6440 overpayments, contributions, interest, penalties, and assessed costs, uncollected three years
6441 after they become due, may be charged as uncollectible and removed from the records of the

6442 division if:
6443 (i) no assets belonging to the liable person and subject to attachment can be found; and
6444 (ii) in the opinion of the division there is no likelihood of collection at a future date.
6445 (f) Interest and penalties collected in accordance with this section shall be paid into the
6446 Special Administrative Expense Fund.
6447 (g) Action required for the collection of sums due under this chapter is subject to the
6448 applicable limitations of actions under Title [78] 78B, Chapter [12, Limitation of Actions] 2,
6449 Statutes of Limitations.
6450 (2) (a) If an employer fails to file a report when prescribed by the division for the
6451 purpose of determining the amount of the employer's contribution due under this chapter, or if
6452 the report when filed is incorrect or insufficient or is not satisfactory to the division, the
6453 division may determine the amount of wages paid for employment during the period or periods
6454 with respect to which the reports were or should have been made and the amount of
6455 contribution due from the employer on the basis of any information it may be able to obtain.
6456 (b) The division shall give written notice of the determination to the employer.
6457 (c) The determination is considered correct unless:
6458 (i) the employer, within ten days after mailing or personal delivery of notice of the
6459 determination, applies to the division for a review of the determination as provided in Section
6460 35A-4-508 ; or
6461 (ii) unless the division or its authorized representative of its own motion reviews the
6462 determination.
6463 (d) The amount of contribution determined under Subsection (2)(a) is subject to
6464 penalties and interest as provided in Subsection (1).
6465 (3) (a) If, after due notice, an employer defaults in the payment of contributions,
6466 interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit
6467 overpayments and penalties on the overpayments, the amount due shall be collectible by civil
6468 action in the name of the division, and the employer adjudged in default shall pay the costs of
6469 the action.

6470 (b) Civil actions brought under this section to collect contributions, interest, or
6471 penalties from an employer, or benefit overpayments and penalties from a claimant shall be:
6472 (i) heard by the court at the earliest possible date; and
6473 (ii) entitled to preference upon the calendar of the court over all other civil actions
6474 except:
6475 (A) petitions for judicial review under this chapter; and
6476 (B) cases arising under the workers' compensation law of this state.
6477 (c) (i) (A) To collect contributions, interest, or penalties, or benefit overpayments and
6478 penalties due from employers or claimants located outside Utah, the division may employ
6479 private collectors providing debt collection services outside Utah.
6480 (B) Accounts may be placed with private collectors only after the employer or claimant
6481 has been given a final notice that the division intends to place the account with a private
6482 collector for further collection action.
6483 (C) The notice shall advise the employer or claimant of the employer's or claimant's
6484 rights under this chapter and the applicable rules of the department.
6485 (ii) (A) A private collector may receive as compensation up to 25% of the lesser of the
6486 amount collected or the amount due, plus the costs and fees of any civil action or postjudgment
6487 remedy instituted by the private collector with the approval of the division.
6488 (B) The employer or claimant shall be liable to pay the compensation of the collector,
6489 costs, and fees in addition to the original amount due.
6490 (iii) A private collector is subject to the federal Fair Debt Collection Practices Act, 15
6491 U.S.C. Sec. 1692 et seq.
6492 (iv) (A) A civil action may not be maintained by a private collector without specific
6493 prior written approval of the division.
6494 (B) When division approval is given for civil action against an employer or claimant,
6495 the division may cooperate with the private collector to the extent necessary to effect the civil
6496 action.
6497 (d) (i) Notwithstanding Section 35A-4-312 , the division may disclose the contribution,

6498 interest, penalties or benefit overpayments and penalties, costs due, the name of the employer
6499 or claimant, and the employer's or claimant's address and telephone number when any
6500 collection matter is referred to a private collector under Subsection (3)(c).
6501 (ii) A private collector is subject to the confidentiality requirements and penalty
6502 provisions provided in Section 35A-4-312 and Subsection 76-8-1301 (4), except to the extent
6503 disclosure is necessary in a civil action to enforce collection of the amounts due.
6504 (e) An action taken by the division under this section may not be construed to be an
6505 election to forego other collection procedures by the division.
6506 (4) (a) In the event of a distribution of an employer's assets under an order of a court
6507 under the laws of Utah, including a receivership, assignment for benefits of creditors,
6508 adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter
6509 due shall be paid in full prior to all other claims except taxes and claims for wages of not more
6510 than $400 to each claimant, earned within five months of the commencement of the
6511 proceeding.
6512 (b) If an employer commences a proceeding in the Federal Bankruptcy Court under a
6513 chapter of 11 U.S.C. 101 et seq., as amended by the Bankruptcy Abuse Prevention and
6514 Consumer Protection Act of 2005, contributions, interest, and penalties then or thereafter due
6515 shall be entitled to the priority provided for taxes, interest, and penalties in the Bankruptcy
6516 Abuse Prevention and Consumer Protection Act of 2005.
6517 (5) (a) In addition and as an alternative to any other remedy provided by this chapter
6518 and provided that no appeal or other proceeding for review provided by this chapter is then
6519 pending and the time for taking it has expired, the division may issue a warrant in duplicate,
6520 under its official seal, directed to the sheriff of any county of the state, commanding the sheriff
6521 to levy upon and sell the real and personal property of a delinquent employer or claimant found
6522 within the sheriff's county for the payment of the contributions due, with the added penalties,
6523 interest, or benefit overpayment and penalties, and costs, and to return the warrant to the
6524 division and pay into the fund the money collected by virtue of the warrant by a time to be
6525 specified in the warrant, not more than 60 days from the date of the warrant.

6526 (b) (i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the
6527 duplicate with the clerk of the district court in the sheriff's county.
6528 (ii) The clerk shall enter in the judgment docket, in the column for judgment debtors,
6529 the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate
6530 columns the amount of the contribution, penalties, interest, or benefit overpayment and
6531 penalties, and costs, for which the warrant is issued and the date when the duplicate is filed.
6532 (c) The amount of the docketed warrant shall:
6533 (i) have the force and effect of an execution against all personal property of the
6534 delinquent employer; and
6535 (ii) become a lien upon the real property of the delinquent employer or claimant in the
6536 same manner and to the same extent as a judgment duly rendered by a district court and
6537 docketed in the office of the clerk.
6538 (d) After docketing, the sheriff shall:
6539 (i) proceed in the same manner as is prescribed by law with respect to execution issued
6540 against property upon judgments of a court of record; and
6541 (ii) be entitled to the same fees for the sheriff's services in executing the warrant, to be
6542 collected in the same manner.
6543 (6) (a) Contributions imposed by this chapter are a lien upon the property of an
6544 employer liable for the contribution required to be collected under this section who shall sell
6545 out the employer's business or stock of goods or shall quit business, if the employer fails to
6546 make a final report and payment on the date subsequent to the date of selling or quitting
6547 business on which they are due and payable as prescribed by rule.
6548 (b) (i) An employer's successor, successors, or assigns, if any, are required to withhold
6549 sufficient of the purchase money to cover the amount of the contributions and interest or
6550 penalties due and payable until the former owner produces a receipt from the division showing
6551 that they have been paid or a certificate stating that no amount is due.
6552 (ii) If the purchaser of a business or stock of goods fails to withhold sufficient purchase
6553 money, the purchaser is personally liable for the payment of the amount of the contributions

6554 required to be paid by the former owner, interest and penalties accrued and unpaid by the
6555 former owner, owners, or assignors.
6556 (7) (a) If an employer is delinquent in the payment of a contribution, the division may
6557 give notice of the amount of the delinquency by registered mail to all persons having in their
6558 possession or under their control, any credits or other personal property belonging to the
6559 employer, or owing any debts to the employer at the time of the receipt by them of the notice.
6560 (b) A person notified under Subsection (7)(a) shall neither transfer nor make any other
6561 disposition of the credits, other personal property, or debts until:
6562 (i) the division has consented to a transfer or disposition; or
6563 (ii) 20 days after the receipt of the notice.
6564 (c) All persons notified under Subsection (7)(a) shall, within five days after receipt of
6565 the notice, advise the division of credits, other personal property, or other debts in their
6566 possession, under their control or owing by them, as the case may be.
6567 (8) (a) (i) Each employer shall furnish the division necessary information for the proper
6568 administration of this chapter and shall include wage information for each employee, for each
6569 calendar quarter.
6570 (ii) The information shall be furnished at a time, in the form, and to those individuals
6571 as the department may by rule require.
6572 (b) (i) Each employer shall furnish each individual worker who is separated that
6573 information as the department may by rule require, and shall furnish within 48 hours of the
6574 receipt of a request from the division a report of the earnings of any individual during the
6575 individual's base-period.
6576 (ii) The report shall be on a form prescribed by the division and contain all information
6577 prescribed by the division.
6578 (c) (i) For each failure by an employer to conform to this Subsection (8) the division
6579 shall, unless good cause is shown, assess a $50 penalty if the filing was not more than 15 days
6580 late.
6581 (ii) If the filing is more than 15 days late, the division shall assess an additional penalty

6582 of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
6583 per filing.
6584 (iii) The penalty is to be collected in the same manner as contributions due under this
6585 chapter.
6586 (d) (i) The division shall prescribe rules providing standards for determining which
6587 contribution reports must be filed on magnetic or electronic media or in other machine-readable
6588 form.
6589 (ii) In prescribing these rules, the division:
6590 (A) may not require an employer to file contribution reports on magnetic or electronic
6591 media unless the employer is required to file wage data on at least 250 employees during any
6592 calendar quarter or is an authorized employer representative who files quarterly tax reports on
6593 behalf of 100 or more employers during any calendar quarter;
6594 (B) shall take into account, among other relevant factors, the ability of the employer to
6595 comply at reasonable cost with the requirements of the rules; and
6596 (C) may require an employer to post a bond for failure to comply with the rules
6597 required by this Subsection (8)(d).
6598 (9) (a) (i) An employer liable for payments in lieu of contributions shall file
6599 Reimbursable Employment and Wage Reports.
6600 (ii) The reports are due on the last day of the month that follows the end of each
6601 calendar quarter unless the division, after giving notice, changes the due date.
6602 (iii) A report postmarked on or before the due date is considered timely.
6603 (b) (i) Unless the employer can show good cause, the division shall assess a $50
6604 penalty against an employer who does not file Reimbursable Employment and Wage Reports
6605 within the time limits set out in Subsection (9)(a) if the filing was not more than 15 days late.
6606 (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
6607 of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
6608 per filing.
6609 (iii) The division shall assess and collect the penalties referred to in this Subsection

6610 (9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311 .
6611 (10) If a person liable to pay a contribution or benefit overpayment imposed by this
6612 chapter neglects or refuses to pay it after demand, the amount, including any interest, additional
6613 amount, addition to contributions, or assessable penalty, together with any additional accruable
6614 costs, shall be a lien in favor of the division upon all property and rights to property, whether
6615 real or personal belonging to the person.
6616 (11) (a) The lien imposed by Subsection (10) arises at the time the assessment, as
6617 defined in the department rules, is made and continues until the liability for the amount
6618 assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
6619 (b) (i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder
6620 of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a
6621 warrant with the clerk of the district court.
6622 (ii) For the purposes of this Subsection (11)(b):
6623 (A) "Judgment lien creditor" means a person who obtains a valid judgment of a court
6624 of record for recovery of specific property or a sum certain of money, and who in the case of a
6625 recovery of money, has a perfected lien under the judgment on the property involved. A
6626 judgment lien does not include inchoate liens such as attachment or garnishment liens until
6627 they ripen into a judgment. A judgment lien does not include the determination or assessment
6628 of a quasi-judicial authority, such as a state or federal taxing authority.
6629 (B) "Mechanics' lien holder" means any person who has a lien on real property, or on
6630 the proceeds of a contract relating to real property, for services, labor, or materials furnished in
6631 connection with the construction or improvement of the property. A person has a lien on the
6632 earliest date the lien becomes valid against subsequent purchasers without actual notice, but not
6633 before the person begins to furnish the services, labor, or materials.
6634 (C) "Person" means:
6635 (I) an individual;
6636 (II) a trust;
6637 (III) an estate;

6638 (IV) a partnership;
6639 (V) an association;
6640 (VI) a company;
6641 (VII) a limited liability company;
6642 (VIII) a limited liability partnership; or
6643 (IX) a corporation.
6644 (D) "Purchaser" means a person who, for adequate and full consideration in money or
6645 money's worth, acquires an interest, other than a lien or security interest, in property which is
6646 valid under state law against subsequent purchasers without actual notice.
6647 (E) "Security interest" means any interest in property acquired by contract for the
6648 purpose of securing payment or performance of an obligation or indemnifying against loss or
6649 liability. A security interest exists at any time:
6650 (I) the property is in existence and the interest has become protected under the law
6651 against a subsequent judgment lien arising out of an unsecured obligation; and
6652 (II) to the extent that, at that time, the holder has parted with money or money's worth.
6653 Section 80. Section 36-14-5 is amended to read:
6654 36-14-5. Legislative subpoenas -- Enforcement.
6655 (1) If any person disobeys or fails to comply with a legislative subpoena, or if a person
6656 appears before a legislative body pursuant to a subpoena and refuses to testify to a matter upon
6657 which he may be lawfully interrogated, that person is in contempt of the Legislature.
6658 (2) (a) When the subject of a legislative subpoena disobeys or fails to comply with the
6659 legislative subpoena, or if a person appears before a legislative body pursuant to a subpoena
6660 and refuses to testify to a matter upon which the person may be lawfully interrogated, the issuer
6661 may:
6662 (i) file a motion for an order to compel obedience to the subpoena with the district
6663 court;
6664 (ii) file, with the district court, a motion for an order to show cause why the penalties
6665 established in Title [78] 78B, Chapter [32] 6, Part 3, Contempt, should not be imposed upon

6666 the person named in the subpoena for contempt of the Legislature; or
6667 (iii) pursue other remedies against persons in contempt of the Legislature.
6668 (b) (i) Upon receipt of a motion under this subsection, the court shall expedite the
6669 hearing and decision on the motion.
6670 (ii) A court may:
6671 (A) order the person named in the subpoena to comply with the subpoena; and
6672 (B) impose any penalties authorized by Title [78] 78B, Chapter [32] 6, Part 3,
6673 Contempt, upon the person named in the subpoena for contempt of the Legislature.
6674 (3) (a) If a legislative subpoena requires the production of accounts, books, papers,
6675 documents, or other tangible things, the person or entity to whom it is directed may petition a
6676 district court to quash or modify the subpoena at or before the time specified in the subpoena
6677 for compliance.
6678 (b) An issuer may respond to a motion to quash or modify the subpoena by pursuing
6679 any remedy authorized by Subsection (2).
6680 (c) If the court finds that a legislative subpoena requiring the production of accounts,
6681 books, papers, documents, or other tangible things is unreasonable or oppressive, the court may
6682 quash or modify the subpoena.
6683 (4) Nothing in this section prevents an issuer from seeking an extraordinary writ to
6684 remedy contempt of the Legislature.
6685 (5) Any party aggrieved by a decision of a court under this section may appeal that
6686 action directly to the Utah Supreme Court.
6687 Section 81. Section 36-20-1 is amended to read:
6688 36-20-1. Definitions.
6689 As used in this chapter:
6690 (1) "Advisory committee" means the committee which proposes rules or changes in
6691 rules to the Supreme Court on civil procedure, criminal procedure, juvenile procedure,
6692 appellate procedure, evidence, and professional conduct.
6693 (2) "Committee" means the Judicial Rules Review Committee created in Section

6694 36-20-2 .
6695 (3) "Court rules" means any of the following:
6696 (a) rules of procedure, evidence, and practice for use of the courts of this state;
6697 (b) rules governing and managing the appellate process adopted by the Supreme Court;
6698 (c) rules adopted by the Judicial Council for the administration of the courts of the
6699 state.
6700 (4) "Judicial Council" means the administrative body of the courts as established in
6701 Article VIII, Sec. 12, Utah Constitution and Section [ 78-3-21 ] 78A-2-104 .
6702 (5) "Proposal for court rule" means the proposed language in a court rule that is
6703 submitted to the Judicial Council, the advisory committee, or the Supreme Court.
6704 (6) "Report" means a copy of the committee's findings and recommendations, any
6705 actions taken by the Supreme Court or Judicial Council in response, and any recommendation
6706 for legislation for Supreme Court or Judicial Council rulemaking action as provided in
6707 Subsection 36-20-6 (3).
6708 Section 82. Section 38-1-11 is amended to read:
6709 38-1-11. Enforcement -- Time for -- Lis pendens -- Action for debt not affected --
6710 Instructions and form affidavit and motion.
6711 (1) As used in this section:
6712 (a) "Owner" is as defined in Section 38-11-102 .
6713 (b) "Residence" is as defined in Section 38-11-102 .
6714 (2) A lien claimant shall file an action to enforce the lien filed under this chapter within
6715 180 days from the day on which the lien claimant filed a notice of claim under Section 38-1-7 .
6716 (3) (a) Within the time period provided for filing in Subsection (2) the lien claimant
6717 shall file for record with the county recorder of each county in which the lien is recorded a
6718 notice of the pendency of the action, in the manner provided in actions affecting the title or
6719 right to possession of real property, or the lien shall be void, except as to persons who have
6720 been made parties to the action and persons having actual knowledge of the commencement of
6721 the action.

6722 (b) The burden of proof is upon the lien claimant and those claiming under the lien
6723 claimant to show actual knowledge under Subsection (3)(a).
6724 (4) (a) A lien filed under this chapter is automatically and immediately void if an action
6725 to enforce the lien is not filed within the time required by this section.
6726 (b) Notwithstanding Section [ 78-12-40 ] 78B-2-111 , a court has no subject matter
6727 jurisdiction to adjudicate a lien that becomes void under Subsection (4)(a).
6728 (5) This section may not be interpreted to impair or affect the right of any person to
6729 whom a debt may be due for any work done or materials furnished to maintain a personal
6730 action to recover the debt.
6731 (6) (a) If a lien claimant files an action to enforce a lien filed under this chapter
6732 involving a residence, the lien claimant shall include with the service of the complaint on the
6733 owner of the residence:
6734 (i) instructions to the owner of the residence relating to the owner's rights under Title
6735 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; and
6736 (ii) a form to enable the owner of the residence to specify the grounds upon which the
6737 owner may exercise available rights under Title 38, Chapter 11, Residence Lien Restriction and
6738 Lien Recovery Fund Act.
6739 (b) The instructions and form required by Subsection (6)(a) shall meet the requirements
6740 established by rule by the Division of Occupational and Professional Licensing in accordance
6741 with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
6742 (c) If a lien claimant fails to provide to the owner of the residence the instructions and
6743 form required by Subsection (6)(a), the lien claimant shall be barred from maintaining or
6744 enforcing the lien upon the residence.
6745 (d) Judicial determination of the rights and liabilities of the owner of the residence
6746 under this chapter and Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery
6747 Fund Act, and Title 14, Chapter 2, Private Contracts, shall be stayed until after the owner is
6748 given a reasonable period of time to establish compliance with Subsections 38-11-204 (4)(a)
6749 and (4)(b) through an informal proceeding, as set forth in Title 63, Chapter 46b, Administrative

6750 Procedures Act, commenced within 30 days of the owner being served summons in the
6751 foreclosure action, at the Division of Occupational and Professional Licensing and obtain a
6752 certificate of compliance or denial of certificate of compliance, as defined in Section
6753 38-11-102 .
6754 (e) An owner applying for a certificate of compliance under Subsection (6)(d) shall
6755 send by certified mail to all lien claimants:
6756 (i) a copy of the application for a certificate of compliance; and
6757 (ii) all materials filed in connection with the application.
6758 (f) The Division of Occupational and Professional Licensing shall notify all lien
6759 claimants listed in an owner's application for a certificate of compliance under Subsection
6760 (6)(d) of the issuance or denial of a certificate of compliance.
6761 (7) The written notice requirement applies to liens filed on or after July 1, 2004.
6762 Section 83. Section 38-9-2 is amended to read:
6763 38-9-2. Scope.
6764 (1) (a) The provisions of Sections 38-9-1 , 38-9-3 , 38-9-4 , and 38-9-6 apply to any
6765 recording or filing or any rejected recording or filing of a lien pursuant to this chapter on or
6766 after May 5, 1997.
6767 (b) The provisions of Sections 38-9-1 and 38-9-7 apply to all liens of record regardless
6768 of the date the lien was recorded or filed.
6769 (2) The provisions of this chapter shall not prevent a person from filing a lis pendens in
6770 accordance with Section [ 78-40-2 ] 78B-6-1303 or seeking any other relief permitted by law.
6771 (3) This chapter does not apply to a person entitled to a lien under Section 38-1-3 who
6772 files a lien pursuant to Title 38, Chapter 1, Mechanics' Liens.
6773 Section 84. Section 40-10-22 is amended to read:
6774 40-10-22. Violation of chapter or permit conditions -- Inspection -- Cessation
6775 order, abatement notice, or show cause order -- Suspension or revocation of permit --
6776 Review -- Costs assessed against either party.
6777 (1) (a) Whenever, on the basis of any information available, including receipt of

6778 information from any person, the division has reason to believe that any person is in violation
6779 of any requirement of this chapter or any permit condition required by this chapter, the division
6780 shall immediately order inspection of the surface coal mining operation at which the alleged
6781 violation is occurring, unless the information available to the division is a result of a previous
6782 inspection of the surface coal mining operation. When the inspection results from information
6783 provided to the division by any person, the division shall notify that person when the inspection
6784 is proposed to be carried out, and that person shall be allowed to accompany the inspector
6785 during the inspection.
6786 (b) When, on the basis of any inspection, the division determines that any condition or
6787 practices exist, or that any permittee is in violation of any requirement of this chapter or any
6788 permit condition required by this chapter, which condition, practice, or violation also creates an
6789 imminent danger to the health or safety of the public, or is causing, or can reasonably be
6790 expected to cause significant, imminent environmental harm to land, air, or water resources,
6791 the division shall immediately order a cessation of surface coal mining and reclamation
6792 operations or the portion thereof relevant to the condition, practice, or violation. The cessation
6793 order shall remain in effect until the division determines that the condition, practice, or
6794 violation has been abated, or until modified, vacated, or terminated by the division pursuant to
6795 Subsection (1)(e). Where the division finds that the ordered cessation of surface coal mining
6796 and reclamation operations, or any portion of same, will not completely abate the imminent
6797 danger to health or safety of the public or the significant imminent environmental harm to land,
6798 air, or water resources, the division shall, in addition to the cessation order, impose affirmative
6799 obligations on the operator requiring him to take whatever steps the division deems necessary
6800 to abate the imminent danger or the significant environmental harm.
6801 (c) When, on the basis of an inspection, the division determines that any permittee is in
6802 violation of any requirement of this chapter or any permit condition required by this chapter,
6803 but the violation does not create an imminent danger to the health or safety of the public or
6804 cannot be reasonably expected to cause significant, imminent environmental harm to land, air,
6805 or water resources, the division shall issue a notice to the permittee or his agent fixing a

6806 reasonable time but not more than 90 days for the abatement of the violation and providing
6807 opportunity for conference before the division. If upon expiration of the period of time as
6808 originally fixed or subsequently extended, for good cause shown, and upon the written finding
6809 of the division, the division finds that the violation has not been abated, it shall immediately
6810 order a cessation of surface coal mining and reclamation operations or the portion of same
6811 relevant to the violation. The cessation order shall remain in effect until the division
6812 determines that the violation has been abated or until modified, vacated, or terminated by the
6813 division pursuant to Subsection (1)(e). In the order of cessation issued by the division under
6814 this subsection, the division shall determine the steps necessary to abate the violation in the
6815 most expeditious manner possible and shall include the necessary measures in the order.
6816 (d) When on the basis of an inspection the division determines that a pattern of
6817 violations of any requirements of this chapter or any permit conditions required by this chapter
6818 exists or has existed, and if the division also finds that these violations are caused by the
6819 unwarranted failure of the permittee to comply with any requirements of this chapter or any
6820 permit conditions or that these violations are willfully caused by the permittee, the division
6821 shall initiate agency action by requesting the board to issue an order to show cause to the
6822 permittee as to why the permit should not be suspended or revoked and shall provide
6823 opportunity for a public hearing. If a hearing is requested, the board shall give notice in
6824 accordance with the rules of practice and procedure of the board. Upon the permittee's failure
6825 to show cause as to why the permit should not be suspended or revoked, the board shall
6826 immediately enter an order to suspend or revoke the permit.
6827 (e) Notices and orders issued under this section shall set forth with reasonable
6828 specificity the nature of the violation and the remedial action required, the period of time
6829 established for abatement, and a reasonable description of the portion of the surface coal
6830 mining and reclamation operation to which the notice or order applies. Each notice or order
6831 issued under this section shall be given promptly to the permittee or his agent by the division,
6832 and the notices and orders shall be in writing and shall be signed by the director, or his
6833 authorized representative who issues such notice or order. Any notice or order issued under

6834 this section may be modified, vacated, or terminated by the division, but any notice or order
6835 issued under this section which requires cessation of mining by the operator shall expire within
6836 30 days of actual notice to the operator unless a conference is held before the division.
6837 (2) (a) The division may request the attorney general to institute a civil action for relief,
6838 including a permanent or temporary injunction, restraining order, or any other appropriate order
6839 in the district court for the district in which the surface coal mining and reclamation operation
6840 is located or in which the permittee of the operation has his principal office, whenever such
6841 permittee or his agent:
6842 (i) violates or fails or refuses to comply with any order or decision issued under this
6843 chapter;
6844 (ii) interferes with, hinders, or delays the division or its authorized representatives in
6845 carrying out the provisions of this chapter;
6846 (iii) refuses to admit the authorized representatives to the mine;
6847 (iv) refuses to permit inspection of the mine by the authorized representative;
6848 (v) refuses to furnish any information or report requested by the division in furtherance
6849 of the provisions of this chapter; or
6850 (vi) refuses to permit access to and copying of such records as the division determines
6851 necessary in carrying out the provisions of this chapter.
6852 (b) The district court shall have jurisdiction to provide such relief as may be
6853 appropriate. Any relief granted by the district court to enforce an order under Subsection
6854 (2)(a)(i) shall continue in effect until the completion or final termination of all proceedings for
6855 review of that order under this chapter, unless, prior to this completion or termination, the Utah
6856 Supreme Court on review grants a stay of enforcement or sets aside or modifies the board's
6857 order which is being appealed.
6858 (3) (a) A permittee issued a notice or order by the division pursuant to the provisions of
6859 Subsections (1)(b) and (1)(c), or any person having an interest which may be adversely affected
6860 by the notice or order, may initiate board action by requesting a hearing for review of the notice
6861 or order within 30 days of receipt of it or within 30 days of its modification, vacation, or

6862 termination. Upon receipt of this application, the board shall cause such investigation to be
6863 made as it deems appropriate. The investigation shall provide an opportunity for a public
6864 hearing at the request of the applicant or the person having an interest which is or may be
6865 adversely affected to enable the applicant or that person to present information relating to the
6866 issuance and continuance of the notice or order or the modification, vacation, or termination of
6867 it. The filing of an application for review under this subsection shall not operate as a stay of
6868 any order or notice.
6869 (b) The permittee and other interested persons shall be given written notice of the time
6870 and place of the hearing in accordance with the rules of practice and procedure of the board,
6871 but the notice may not be less than five days prior to the hearing. This hearing shall be of
6872 record and shall be subject to judicial review.
6873 (c) Pending completion of the investigation and hearing required by this section, the
6874 applicant may file with the board a written request that the board grant temporary relief from
6875 any notice or order issued under this section, together with a detailed statement giving the
6876 reasons for granting this relief. The board shall issue an order or decision granting or denying
6877 this relief expeditiously; and where the applicant requests relief from an order for cessation of
6878 coal mining and reclamation operations issued pursuant to Subsections (1)(b) or (1)(c), the
6879 order or decision on this request shall be issued within five days of its receipt. The board may
6880 grant the relief under such conditions as it may prescribe, if a hearing has been held in the
6881 locality of the permit area on the request for temporary relief and the conditions of Subsections
6882 40-10-14 (4)(a), 40-10-14 (4)(b), and 40-10-14 (4)(c) are met.
6883 (d) Following the issuance of an order to show cause as to why a permit should not be
6884 suspended or revoked pursuant to this section, the board shall hold a public hearing after giving
6885 notice in accordance with the rules of practice and procedure of the board. Within 60 days
6886 following the hearing, the board shall issue and furnish to the permittee and all other parties to
6887 the hearing an order containing the basis for its decision on the suspension or revocation of the
6888 permit. If the board revokes the permit, the permittee shall immediately cease surface coal
6889 mining operations on the permit area and shall complete reclamation within a period specified

6890 by the board, or the board shall declare as forfeited the performance bonds for the operation.
6891 (e) Whenever an order is entered under this section or as a result of any adjudicative
6892 proceeding under this chapter, at the request of any person, a sum equal to the aggregate
6893 amount of all costs and expenses (including attorney fees) as determined by the board to have
6894 been reasonably incurred by that person in connection with his participation in the proceedings,
6895 including any judicial review of agency actions, may be assessed against either party as the
6896 court, resulting from judicial review, or the board, resulting from adjudicative proceedings,
6897 deems proper.
6898 (f) Action by the board taken under this section or any other provision of the state
6899 program shall be subject to judicial review by the Utah Supreme Court as prescribed in Section
6900 [ 78-2-2 ] 78A-3-102 , but the availability of this review shall not be construed to limit the
6901 operation of the citizen suit in Section 40-10-21 , except as provided in this latter section.
6902 Section 85. Section 40-10-30 is amended to read:
6903 40-10-30. Judicial review of rules or orders.
6904 (1) Judicial review of adjudicative proceedings under this chapter is governed by Title
6905 63, Chapter 46b, Administrative Procedures Act, and provisions of this chapter consistent with
6906 the Administrative Procedures Act.
6907 (2) Judicial review of the board's rulemaking procedures and rules adopted under this
6908 chapter is governed by Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
6909 (3) An appeal from an order of the board shall be directly to the Utah Supreme Court
6910 and is not a trial de novo. The court shall set aside the board action if it is found to be:
6911 (a) unreasonable, unjust, arbitrary, capricious, or an abuse of discretion;
6912 (b) contrary to constitutional right, power, privilege, or immunity;
6913 (c) in excess of statutory jurisdiction, authority, or limitations;
6914 (d) not in compliance with procedure required by law;
6915 (e) based upon a clearly erroneous interpretation or application of the law; or
6916 (f) as to an adjudicative proceeding, unsupported by substantial evidence on the record.
6917 (4) An action or appeal involving an order of the board shall be determined as

6918 expeditiously as feasible and in accordance with Section [ 78-2-2 ] 78A-3-102 . The Utah
6919 Supreme Court shall determine the issues on both questions of law and fact and shall affirm or
6920 set aside the rule or order, enjoin or stay the effective date of agency action, or remand the
6921 cause to the board for further proceedings. Judicial review of disputed issues of fact shall be
6922 confined to the agency record. The court may, in its discretion, receive additional evidence for
6923 good cause shown.
6924 (5) If the board fails to perform any act or duty under this chapter which is not
6925 discretionary, the aggrieved person may bring an action in the district court of the county in
6926 which the operation or proposed operation is located.
6927 Section 86. Section 41-6a-521 is amended to read:
6928 41-6a-521. Revocation hearing for refusal -- Appeal.
6929 (1) (a) A person who has been notified of the Driver License Division's intention to
6930 revoke the person's license under Section 41-6a-520 is entitled to a hearing.
6931 (b) A request for the hearing shall be made in writing within ten calendar days after the
6932 day on which notice is provided.
6933 (c) Upon request in a manner specified by the Driver License Division, the Driver
6934 License Division shall grant to the person an opportunity to be heard within 29 days after the
6935 date of arrest.
6936 (d) If the person does not make a request for a hearing before the Driver License
6937 Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
6938 is revoked beginning on the 30th day after the date of arrest for a period of:
6939 (i) 18 months unless Subsection (1)(d)(ii) applies; or
6940 (ii) 24 months if the person has had a previous:
6941 (A) license sanction for an offense that occurred within the previous ten years from the
6942 date of arrest under Section 41-6a-517 , 41-6a-520 , 41-6a-530 , 53-3-223 , 53-3-231 , or
6943 53-3-232 ; or
6944 (B) conviction for an offense that occurred within the previous ten years from the date
6945 of arrest under Section 41-6a-502 or a statute previously in effect in this state that would

6946 constitute a violation of Section 41-6a-502 .
6947 (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
6948 the hearing shall be conducted by the Driver License Division in the county in which the
6949 offense occurred.
6950 (b) The Driver License Division may hold a hearing in some other county if the Driver
6951 License Division and the person both agree.
6952 (3) The hearing shall be documented and shall cover the issues of:
6953 (a) whether a peace officer had reasonable grounds to believe that a person was
6954 operating a motor vehicle in violation of Section 41-6a-502 , 41-6a-517 , 41-6a-530 , 53-3-231 ,
6955 or 53-3-232 ; and
6956 (b) whether the person refused to submit to the test or tests under Section 41-6a-520 .
6957 (4) (a) In connection with the hearing, the division or its authorized agent:
6958 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
6959 the production of relevant books and papers; and
6960 (ii) shall issue subpoenas for the attendance of necessary peace officers.
6961 (b) The Driver License Division shall pay witness fees and mileage from the
6962 Transportation Fund in accordance with the rates established in Section [ 78-46-28 ] 78B-1-119 .
6963 (5) (a) If after a hearing, the Driver License Division determines that the person was
6964 requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
6965 person fails to appear before the Driver License Division as required in the notice, the Driver
6966 License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
6967 beginning on the date the hearing is held for a period of:
6968 (i) 18 months unless Subsection (5)(a)(ii) applies; or
6969 (ii) 24 months if the person has had a previous:
6970 (A) license sanction for an offense that occurred within the previous ten years from the
6971 date of arrest under Section 41-6a-517 , 41-6a-520 , 41-6a-530 , 53-3-223 , 53-3-231 , or
6972 53-3-232 ; or
6973 (B) conviction for an offense that occurred within the previous ten years from the date

6974 of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
6975 constitute a violation of Section 41-6a-502 .
6976 (b) The Driver License Division shall also assess against the person, in addition to any
6977 fee imposed under Subsection 53-3-205 (13), a fee under Section 53-3-105 , which shall be paid
6978 before the person's driving privilege is reinstated, to cover administrative costs.
6979 (c) The fee shall be cancelled if the person obtains an unappealed court decision
6980 following a proceeding allowed under Subsection (2) that the revocation was improper.
6981 (6) (a) Any person whose license has been revoked by the Driver License Division
6982 under this section following an administrative hearing may seek judicial review.
6983 (b) Judicial review of an informal adjudicative proceeding is a trial.
6984 (c) Venue is in the district court in the county in which the offense occurred.
6985 Section 87. Section 49-17-102 is amended to read:
6986 49-17-102. Definitions.
6987 As used in this chapter:
6988 (1) (a) "Compensation" means the total amount of payments which are currently
6989 includable in gross income made by a participating employer to a member of this system for
6990 services rendered to the participating employer.
6991 (b) "Compensation" includes:
6992 (i) performance-based bonuses;
6993 (ii) cost-of-living adjustments;
6994 (iii) payments subject to Social Security deductions;
6995 (iv) any payments in excess of the maximum amount subject to deduction under Social
6996 Security law;
6997 (v) amounts which the member authorizes to be deducted or reduced for salary deferral
6998 or other benefits authorized by federal law; and
6999 (vi) member contributions.
7000 (c) "Compensation" for purposes of this chapter may not exceed the amount allowed
7001 under Internal Revenue Code Section 401(a)(17).

7002 (d) "Compensation," does not include:
7003 (i) the monetary value of remuneration paid in kind, such as a residence or use of
7004 equipment;
7005 (ii) all contributions made by a participating employer under any system or plan for the
7006 benefit of a member or participant;
7007 (iii) salary paid to a temporary or exempt employee;
7008 (iv) payments upon termination or any other special payments including early
7009 retirement inducements; or
7010 (v) uniform, travel, or similar payments.
7011 (2) "Final average salary" means the amount computed by averaging the highest two
7012 years of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
7013 (a) Except as provided in Subsection (2)(b), the percentage increase in annual
7014 compensation in any one of the years used may not exceed the previous year's compensation by
7015 more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
7016 of the dollar during the previous year, as measured by a United States Bureau of Labor
7017 Statistics Consumer Price Index average as determined by the board.
7018 (b) In cases where the participating employer provides acceptable documentation to the
7019 board, the limitation in Subsection (2)(a) may be exceeded if:
7020 (i) the member has transferred from another participating employer; or
7021 (ii) the member has been promoted to a new position.
7022 (3) "Judge" means a judge or justice of the courts of record as enumerated in Section
7023 [ 78-1-1 ] 78A-1-101 .
7024 (4) "Participating employer" means the state.
7025 (5) "System" means the Judges' Contributory Retirement System created under this
7026 chapter.
7027 (6) "Years of service credit" means the number of periods, each to consist of 12 full
7028 months as determined by the board, whether consecutive or not, during which a judge was
7029 employed by a participating employer.

7030 Section 88. Section 49-17-301 is amended to read:
7031 49-17-301. Contributions by members and participating employers -- Retirement
7032 fees -- Deductions.
7033 (1) In addition to the monies paid to this system under Subsection (3), participating
7034 employers and members shall jointly pay the certified contribution rates to the office to
7035 maintain this system on a financially and actuarially sound basis.
7036 (2) The participating employer may make contributions on behalf of members of this
7037 system in addition to the contribution required of the participating employer, except that 2% of
7038 compensation shall be paid by the member.
7039 (3) Fees collected under Subsection [ 78-7-35 ] 78A-2-301 (1)(j)(i) shall be paid monthly
7040 to the office to maintain this system and the system established under Chapter 18, Judges'
7041 Noncontributory Retirement Act.
7042 (4) (a) All member contributions are credited by the office to the account of the
7043 individual member.
7044 (b) This amount, plus refund interest, is held in trust for the payment of benefits to the
7045 member or the member's beneficiaries.
7046 (c) All member contributions are vested and nonforfeitable.
7047 (5) (a) Each member is considered to consent to payroll deductions of the member
7048 contributions.
7049 (b) The payment of compensation less these payroll deductions is considered full
7050 payment for services rendered by the member.
7051 Section 89. Section 49-18-102 is amended to read:
7052 49-18-102. Definitions.
7053 As used in this chapter:
7054 (1) (a) "Compensation" means the total amount of payments which are currently
7055 includable in gross income made by a participating employer to a member of this system for
7056 services rendered to the participating employer.
7057 (b) "Compensation" includes:

7058 (i) performance-based bonuses;
7059 (ii) cost-of-living adjustments;
7060 (iii) payments subject to Social Security deductions;
7061 (iv) any payments in excess of the maximum amount subject to deduction under Social
7062 Security law; and
7063 (v) amounts which the member authorizes to be deducted or reduced for salary deferral
7064 or other benefits authorized by federal law.
7065 (c) "Compensation" for purposes of this chapter may not exceed the amount allowed
7066 under Internal Revenue Code Section 401(a)(17).
7067 (d) "Compensation" does not include:
7068 (i) the monetary value of remuneration paid in kind, such as a residence or use of
7069 equipment;
7070 (ii) all contributions made by a participating employer under a system or plan for the
7071 benefit of a member or participant;
7072 (iii) salary paid to a temporary or exempt employee;
7073 (iv) payments upon termination or any other special payments including early
7074 retirement inducements; or
7075 (v) uniform, travel, or similar payments.
7076 (2) "Final average salary" means the amount computed by averaging the highest two
7077 years of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
7078 (a) Except as provided in Subsection (2)(b), the percentage increase in annual
7079 compensation in any one of the years used may not exceed the previous year's compensation by
7080 more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
7081 of the dollar during the previous year, as measured by a United States Bureau of Labor
7082 Statistics Consumer Price Index average as determined by the board.
7083 (b) In cases where the participating employer provides acceptable documentation to the
7084 board, the limitation in Subsection (2)(a) may be exceeded if:
7085 (i) the member has transferred from another agency; or

7086 (ii) the member has been promoted to a new position.
7087 (3) "Judge" means a judge or justice of the courts of record as enumerated in Section
7088 [ 78-1-1 ] 78A-1-101 .
7089 (4) "Participating employer" means the state.
7090 (5) "System" means the Judges' Noncontributory Retirement System created under this
7091 chapter.
7092 (6) "Years of service credit" means the number of periods, each to consist of 12 full
7093 months or as determined by the board, whether consecutive or not, during which a judge was
7094 employed by a participating employer.
7095 Section 90. Section 49-18-301 is amended to read:
7096 49-18-301. Contributions by employees and employers -- Retirement fees.
7097 (1) In addition to the monies paid to this system under Subsection (2), participating
7098 employers shall pay the certified contribution rates to the office to maintain this system on a
7099 financially and actuarially sound basis.
7100 (2) Fees collected under Subsection [ 78-7-35 ] 78A-2-301 (1)(j)(i) shall be paid monthly
7101 to the office to maintain this system and the system established under Chapter 17, Judges'
7102 Contributory Retirement Act.
7103 Section 91. Section 53-3-204 is amended to read:
7104 53-3-204. Persons who may not be licensed.
7105 (1) (a) The division may not license a person who:
7106 (i) is younger than 16 years of age;
7107 (ii) has not completed a course in driver training approved by the commissioner;
7108 (iii) if the person is a minor, has not completed the driving requirement under Section
7109 53-3-211 ;
7110 (iv) is not a resident of the state, unless the person is issued a temporary CDL under
7111 Subsection 53-3-407 (2)(b); or
7112 (v) if the person is 17 years of age or younger, has not held a learner permit issued
7113 under Section 53-3-210.5 for six months.

7114 (b) Subsections (1)(a)(i), (ii), and (iii) do not apply to a person:
7115 (i) who has been licensed before July 1, 1967;
7116 (ii) who is 16 years of age or older making application for a license who has been
7117 licensed in another state or country; or
7118 (iii) who is applying for a permit under Section 53-3-210 or 53A-13-208 .
7119 (c) Subsection (1)(a)(v) does not apply to a person applying for a provisional class D
7120 license certificate before February 1, 2007 if the person has been issued a temporary learner
7121 permit or practice permit under Section 53-3-210 .
7122 (2) The division may not issue a license certificate to a person:
7123 (a) whose license has been suspended, denied, cancelled, or disqualified during the
7124 period of suspension, denial, cancellation, or disqualification;
7125 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;
7126 (c) who has previously been adjudged mentally incompetent and who has not at the
7127 time of application been restored to competency as provided by law;
7128 (d) who is required by this chapter to take an examination unless the person
7129 successfully passes the examination; or
7130 (e) whose driving privileges have been denied or suspended under:
7131 (i) Section [ 78-3a-506 ] 78A-6-606 by an order of the juvenile court; or
7132 (ii) Section 53-3-231 .
7133 (3) The division may grant a class D or M license to a person whose commercial
7134 license is disqualified under Part 4, Uniform Commercial Driver License Act, if the person is
7135 not otherwise sanctioned under this chapter.
7136 Section 92. Section 53-3-219 is amended to read:
7137 53-3-219. Suspension of minor's driving privileges.
7138 (1) The division shall immediately suspend all driving privileges of any person upon
7139 receipt of an order suspending driving privileges under Section 32A-12-209 , Section
7140 32A-12-209.5 , Subsection 76-9-701 (1), or Section [ 78-3a-506 ] 78A-6-606 .
7141 (a) Upon receipt of the first order suspending a person's driving privileges, the division

7142 shall impose a suspension for 90 days or, if the person is under the age of eligibility for a driver
7143 license, the suspension shall begin on the date of conviction and continue for the first 90 days
7144 following the date of eligibility.
7145 (b) Upon receipt of a second order suspending a person's driving privileges, the
7146 division shall impose a suspension for six months or, if the person is under the age of eligibility
7147 for a driver license, the suspension shall begin on the date of conviction and continue for the
7148 first six months following the date of eligibility.
7149 (c) Upon receipt of a third or subsequent order suspending a person's driving
7150 privileges, the division shall impose a suspension for one year or, if the person is under the age
7151 of eligibility for a driver license, the suspension shall begin on the date of conviction and
7152 continue for one year beginning on the date of eligibility.
7153 (2) After reinstatement of the license under Subsection (1)(a), a report authorized under
7154 Section 53-3-104 may not contain evidence of the suspension of a minor's license under this
7155 section if the minor has not been convicted of any other offense for which the suspension under
7156 Subsection (1)(a) may be extended.
7157 Section 93. Section 53-3-220 is amended to read:
7158 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
7159 disqualification of license -- Offense requiring an extension of period -- Hearing --
7160 Limited driving privileges.
7161 (1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter
7162 6a, Traffic Code, specifically provides for denial, suspension, or disqualification, the division
7163 shall deny, suspend, or disqualify the license of a person upon receiving a record of the person's
7164 conviction for any of the following offenses:
7165 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
7166 automobile homicide under Section 76-5-207 ;
7167 (ii) driving or being in actual physical control of a motor vehicle while under the
7168 influence of alcohol, any drug, or combination of them to a degree that renders the person
7169 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited

7170 in an ordinance that complies with the requirements of Subsection 41-6a-510 (1);
7171 (iii) driving or being in actual physical control of a motor vehicle while having a blood
7172 or breath alcohol content prohibited in Section 41-6a-502 or as prohibited in an ordinance that
7173 complies with the requirements of Subsection 41-6a-510 (1);
7174 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
7175 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
7176 regulating driving on highways;
7177 (v) any felony under the motor vehicle laws of this state;
7178 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
7179 (vii) failure to stop and render aid as required under the laws of this state if a motor
7180 vehicle accident results in the death or personal injury of another;
7181 (viii) two charges of reckless driving committed within a period of 12 months; but if
7182 upon a first conviction of reckless driving the judge or justice recommends suspension of the
7183 convicted person's license, the division may after a hearing suspend the license for a period of
7184 three months;
7185 (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
7186 required in Section 41-6a-210 ;
7187 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
7188 requires disqualification;
7189 (xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
7190 Subsection 76-10-508 (2);
7191 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
7192 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b);
7193 (xiii) operating or being in actual physical control of a motor vehicle while having any
7194 measurable controlled substance or metabolite of a controlled substance in the person's body in
7195 violation of Section 41-6a-517 ;
7196 (xiv) until July 30, 2015, operating or being in actual physical control of a motor
7197 vehicle while having any alcohol in the person's body in violation of Section 53-3-232 ;

7198 (xv) operating or being in actual physical control of a motor vehicle while having any
7199 measurable or detectable amount of alcohol in the person's body in violation of Section
7200 41-6a-530 ;
7201 (xvi) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
7202 violation of Section 41-6a-606 ; and
7203 (xvii) operating or being in actual physical control of a motor vehicle in this state
7204 without an ignition interlock system in violation of Section 41-6a-518.2 .
7205 (b) The division shall immediately revoke the license of a person upon receiving a
7206 record of an adjudication under Title [78] 78A, Chapter [3a] 6, Juvenile Court Act of 1996, for
7207 any of the following offenses:
7208 (i) discharging or allowing the discharge of a firearm from a vehicle in violation of
7209 Subsection 76-10-508 (2); and
7210 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
7211 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b).
7212 (c) Except when action is taken under Section 53-3-219 for the same offense, the
7213 division shall immediately suspend for six months the license of a person upon receiving a
7214 record of conviction for any of the following offenses:
7215 (i) any violation of:
7216 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
7217 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
7218 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
7219 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
7220 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
7221 (ii) any criminal offense that prohibits:
7222 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
7223 that is prohibited under the acts described in Subsection (1)(c)(i); or
7224 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
7225 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).

7226 (2) The division shall extend the period of the first denial, suspension, revocation, or
7227 disqualification for an additional like period, to a maximum of one year for each subsequent
7228 occurrence, upon receiving:
7229 (a) a record of the conviction of any person on a charge of driving a motor vehicle
7230 while the person's license is denied, suspended, revoked, or disqualified;
7231 (b) a record of a conviction of the person for any violation of the motor vehicle law in
7232 which the person was involved as a driver;
7233 (c) a report of an arrest of the person for any violation of the motor vehicle law in
7234 which the person was involved as a driver; or
7235 (d) a report of an accident in which the person was involved as a driver.
7236 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
7237 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
7238 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
7239 or revocation originally imposed under Section 53-3-221 .
7240 (4) (a) The division may extend to a person the limited privilege of driving a motor
7241 vehicle to and from the person's place of employment or within other specified limits on
7242 recommendation of the trial judge in any case where a person is convicted of any of the
7243 offenses referred to in Subsections (1) and (2) except:
7244 (i) automobile homicide under Subsection (1)(a)(i);
7245 (ii) those offenses referred to in Subsections (1)(a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
7246 (1)(b), and (1)(c); and
7247 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
7248 revocation, or disqualification was imposed because of a violation of Section 41-6a-502 ,
7249 41-6a-517 , a local ordinance which complies with the requirements of Subsection
7250 41-6a-510 (1), Section 41-6a-520 , or Section 76-5-207 , or a criminal prohibition that the person
7251 was charged with violating as a result of a plea bargain after having been originally charged
7252 with violating one or more of these sections or ordinances.
7253 (b) This discretionary privilege is limited to when undue hardship would result from a

7254 failure to grant the privilege and may be granted only once to any individual during any single
7255 period of denial, suspension, revocation, or disqualification, or extension of that denial,
7256 suspension, revocation, or disqualification.
7257 (c) A limited CDL may not be granted to an individual disqualified under Part 4,
7258 Uniform Commercial Driver License Act, or whose license has been revoked, suspended,
7259 cancelled, or denied under this chapter.
7260 Section 94. Section 53-3-223 is amended to read:
7261 53-3-223. Chemical test for driving under the influence -- Temporary license --
7262 Hearing and decision -- Suspension and fee -- Judicial review.
7263 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
7264 violating or has violated Section 41-6a-502 , prohibiting the operation of a vehicle with a
7265 certain blood or breath alcohol concentration and driving under the influence of any drug,
7266 alcohol, or combination of a drug and alcohol or while having any measurable controlled
7267 substance or metabolite of a controlled substance in the person's body in violation of Section
7268 41-6a-517 , the peace officer may, in connection with arresting the person, request that the
7269 person submit to a chemical test or tests to be administered in compliance with the standards
7270 under Section 41-6a-520 .
7271 (b) In this section, a reference to Section 41-6a-502 includes any similar local
7272 ordinance adopted in compliance with Subsection 41-6a-510 (1).
7273 (2) The peace officer shall advise a person prior to the person's submission to a
7274 chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
7275 and the existence of a blood alcohol content sufficient to render the person incapable of safely
7276 driving a motor vehicle may, result in suspension or revocation of the person's license to drive
7277 a motor vehicle.
7278 (3) If the person submits to a chemical test and the test results indicate a blood or
7279 breath alcohol content in violation of Section 41-6a-502 or 41-6a-517 , or if a peace officer
7280 makes a determination, based on reasonable grounds, that the person is otherwise in violation
7281 of Section 41-6a-502 , a peace officer shall, on behalf of the division and within 24 hours of

7282 arrest, give notice of the division's intention to suspend the person's license to drive a motor
7283 vehicle.
7284 (4) (a) When a peace officer gives notice on behalf of the division, the peace officer
7285 shall:
7286 (i) take the Utah license certificate or permit, if any, of the driver;
7287 (ii) issue a temporary license certificate effective for only 29 days from the date of
7288 arrest; and
7289 (iii) supply to the driver, in a manner specified by the division, basic information
7290 regarding how to obtain a prompt hearing before the division.
7291 (b) A citation issued by a peace officer may, if provided in a manner specified by the
7292 division, also serve as the temporary license certificate.
7293 (5) As a matter of procedure, a peace officer shall send to the division within ten
7294 calendar days after the day on which notice is provided:
7295 (a) the person's license certificate;
7296 (b) a copy of the citation issued for the offense;
7297 (c) a signed report in a manner specified by the division indicating the chemical test
7298 results, if any; and
7299 (d) any other basis for the peace officer's determination that the person has violated
7300 Section 41-6a-502 or 41-6a-517 .
7301 (6) (a) Upon request in a manner specified by the division, the division shall grant to
7302 the person an opportunity to be heard within 29 days after the date of arrest. The request to be
7303 heard shall be made within ten calendar days of the day on which notice is provided under
7304 Subsection (5).
7305 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
7306 division in the county in which the arrest occurred.
7307 (ii) The division may hold a hearing in some other county if the division and the person
7308 both agree.
7309 (c) The hearing shall be documented and shall cover the issues of:

7310 (i) whether a peace officer had reasonable grounds to believe the person was driving a
7311 motor vehicle in violation of Section 41-6a-502 or 41-6a-517 ;
7312 (ii) whether the person refused to submit to the test; and
7313 (iii) the test results, if any.
7314 (d) (i) In connection with a hearing the division or its authorized agent:
7315 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
7316 the production of relevant books and papers; or
7317 (B) may issue subpoenas for the attendance of necessary peace officers.
7318 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
7319 accordance with the rates established in Section [ 78-46-28 ] 78B-1-119 .
7320 (e) The division may designate one or more employees to conduct the hearing.
7321 (f) Any decision made after a hearing before any designated employee is as valid as if
7322 made by the division.
7323 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
7324 grounds to believe that the person was driving a motor vehicle in violation of Section
7325 41-6a-502 or 41-6a-517 , if the person failed to appear before the division as required in the
7326 notice, or if a hearing is not requested under this section, the division shall suspend the person's
7327 license or permit to operate a motor vehicle for a period of:
7328 (i) 90 days beginning on the 30th day after the date of arrest for a first suspension; or
7329 (ii) one year beginning on the 30th day after the date of arrest for a second or
7330 subsequent suspension for an offense that occurred within the previous ten years.
7331 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i), the division shall
7332 reinstate a person's license prior to completion of the 90 day suspension period imposed under
7333 Subsection (7)(a)(i) if the person's charge for a violation of Section 41-6a-502 or 41-6a-517 is
7334 reduced or dismissed prior to completion of the suspension period.
7335 (ii) The division shall immediately reinstate a person's license upon receiving written
7336 verification of the person's dismissal of a charge for a violation of Section 41-6a-502 or
7337 41-6a-517 .

7338 (iii) The division shall reinstate a person's license no sooner than 60 days beginning on
7339 the 30th day after the date of arrest upon receiving written verification of the person's reduction
7340 of a charge for a violation of Section 41-6a-502 or 41-6a-517 .
7341 (iv) If a person's license is reinstated under this Subsection (7)(b), the person is
7342 required to pay the license reinstatement fees under Subsections 53-3-105 (29) and (30).
7343 (8) (a) The division shall assess against a person, in addition to any fee imposed under
7344 Subsection 53-3-205 (13) for driving under the influence, a fee under Section 53-3-105 to cover
7345 administrative costs, which shall be paid before the person's driving privilege is reinstated. This
7346 fee shall be cancelled if the person obtains an unappealed division hearing or court decision
7347 that the suspension was not proper.
7348 (b) A person whose license has been suspended by the division under this section
7349 following an administrative hearing may file a petition within 30 days after the suspension for a
7350 hearing on the matter which, if held, is governed by Section 53-3-224 .
7351 Section 95. Section 53-5-704 is amended to read:
7352 53-5-704. Division duties -- Permit to carry concealed firearm -- Certification for
7353 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
7354 suspension, or revocation -- Appeal procedure.
7355 (1) (a) The division or its designated agent shall issue a permit to carry a concealed
7356 firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days
7357 after receiving an application, unless during the 60-day period the division finds proof that the
7358 applicant is not of good character.
7359 (b) The permit is valid throughout the state for five years, without restriction, except as
7360 otherwise provided by Section 53-5-710 .
7361 (2) (a) An applicant satisfactorily demonstrates good character if the applicant:
7362 (i) has not been convicted of a felony;
7363 (ii) has not been convicted of a crime of violence;
7364 (iii) has not been convicted of an offense involving the use of alcohol;
7365 (iv) has not been convicted of an offense involving the unlawful use of narcotics or

7366 other controlled substances;
7367 (v) has not been convicted of an offense involving moral turpitude;
7368 (vi) has not been convicted of an offense involving domestic violence;
7369 (vii) has not been adjudicated by a state or federal court as mentally incompetent,
7370 unless the adjudication has been withdrawn or reversed; and
7371 (viii) is qualified to purchase and possess a firearm pursuant to Section 76-10-503 and
7372 federal law.
7373 (b) In assessing good character under Subsection (2)(a), the licensing authority shall
7374 consider mitigating circumstances.
7375 (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if it has
7376 reasonable cause to believe that the applicant has been or is a danger to self or others as
7377 demonstrated by evidence, including:
7378 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
7379 (ii) past participation in incidents involving unlawful violence or threats of unlawful
7380 violence; or
7381 (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
7382 (b) The division may not deny, suspend, or revoke a concealed firearm permit solely
7383 for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
7384 (c) In determining whether the applicant has been or is a danger to self or others, the
7385 division may inspect:
7386 (i) expunged records of arrests and convictions of adults as provided in Section
7387 77-18-15 ; and
7388 (ii) juvenile court records as provided in Section [ 78-3a-206 ] 78A-6-209 .
7389 (d) (i) If a person granted a permit under this part has been charged with a crime of
7390 violence in any state, the division shall suspend the permit.
7391 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having
7392 been dropped, the division shall immediately reinstate the suspended permit.
7393 (4) A former peace officer who departs full-time employment as a peace officer, in an

7394 honorable manner, shall be issued a concealed firearm permit within five years of that
7395 departure if the officer meets the requirements of this section.
7396 (5) Except as provided in Subsection (6), the licensing authority shall also require the
7397 applicant to provide:
7398 (a) the address of the applicant's permanent residence;
7399 (b) one recent dated photograph;
7400 (c) one set of fingerprints; and
7401 (d) evidence of general familiarity with the types of firearms to be concealed as defined
7402 in Subsection (7).
7403 (6) An applicant who is a law enforcement officer under Section 53-13-103 may
7404 provide a letter of good standing from the officer's commanding officer in place of the evidence
7405 required by Subsection (5)(d).
7406 (7) (a) General familiarity with the types of firearms to be concealed includes training
7407 in:
7408 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
7409 concealed; and
7410 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
7411 self-defense, use of force by a private citizen, including use of deadly force, transportation, and
7412 concealment.
7413 (b) Evidence of general familiarity with the types of firearms to be concealed may be
7414 satisfied by one of the following:
7415 (i) completion of a course of instruction conducted by a national, state, or local
7416 firearms training organization approved by the division;
7417 (ii) certification of general familiarity by a person who has been certified by the
7418 division, which may include a law enforcement officer, military or civilian firearms instructor,
7419 or hunter safety instructor; or
7420 (iii) equivalent experience with a firearm through participation in an organized
7421 shooting competition, law enforcement, or military service.

7422 (c) Instruction taken by a student under Subsection (7)(b) shall be in person and not
7423 through electronic means.
7424 (8) (a) An applicant for certification as a Utah concealed firearms instructor shall:
7425 (i) be at least 21 years of age;
7426 (ii) be currently eligible to possess a firearm under Section 76-10-503 and federal law;
7427 (iii) have a current National Rifle Association certification or its equivalent as
7428 determined by the division; and
7429 (iv) for certificates issued beginning July 1, 2006, have taken a course of instruction
7430 and passed a certification test as described in Subsection (8)(c).
7431 (b) An instructor's certification is valid for three years from the date of issuance, unless
7432 revoked by the division.
7433 (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
7434 attend an instructional course and pass a test under the direction of the division.
7435 (ii) (A) Beginning May 1, 2006, the division shall provide or contract to provide the
7436 course referred to in Subsection (8)(c)(i) twice every year.
7437 (B) The course shall include instruction on current Utah law related to firearms,
7438 including concealed carry statutes and rules, and the use of deadly force by private citizens.
7439 (d) (i) Each applicant for certification under this Subsection (8) shall pay a fee of
7440 $50.00 at the time of application for initial certification.
7441 (ii) The renewal fee for the certificate is $25.
7442 (iii) The fees paid under Subsections (8)(d)(i) and (ii) may be used by the division as a
7443 dedicated credit to cover the cost incurred in maintaining and improving the instruction
7444 program required for concealed firearm instructors under this Subsection (8).
7445 (9) A certified concealed firearms instructor shall provide each of the instructor's
7446 students with the required course of instruction outline approved by the division.
7447 (10) (a) (i) A concealed firearms instructor is required to provide a signed certificate to
7448 a person successfully completing the offered course of instruction.
7449 (ii) The instructor shall sign the certificate with the exact name indicated on the

7450 instructor's certification issued by the division under Subsection (8).
7451 (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
7452 is the exclusive property of the instructor and may not be used by any other person.
7453 (B) The instructor shall destroy the seal upon revocation or expiration of the
7454 instructor's certification under Subsection (8).
7455 (C) The division shall determine the design and content of the seal to include at least
7456 the following:
7457 (I) the instructor's name as it appears on the instructor's certification;
7458 (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
7459 certification expires on (the instructor's certification expiration date)"; and
7460 (III) the instructor's business or residence address.
7461 (D) The seal shall be affixed to each student certificate issued by the instructor in a
7462 manner that does not obscure or render illegible any information or signatures contained in the
7463 document.
7464 (b) The applicant shall provide the certificate to the division in compliance with
7465 Subsection (5)(d).
7466 (11) The division may deny, suspend, or revoke the certification of a concealed
7467 firearms instructor if it has reason to believe the applicant has:
7468 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
7469 (b) knowingly and willfully provided false information to the division.
7470 (12) A concealed firearms instructor has the same appeal rights as set forth in
7471 Subsection (15).
7472 (13) In providing instruction and issuing a permit under this part, the concealed
7473 firearms instructor and the licensing authority are not vicariously liable for damages caused by
7474 the permit holder.
7475 (14) An individual who knowingly and willfully provides false information on an
7476 application filed under this part is guilty of a class B misdemeanor, and the application may be
7477 denied, or the permit may be suspended or revoked.

7478 (15) (a) In the event of a denial, suspension, or revocation of a permit, the applicant
7479 may file a petition for review with the board within 60 days from the date the denial,
7480 suspension, or revocation is received by the applicant by certified mail, return receipt
7481 requested.
7482 (b) The denial of a permit shall be in writing and shall include the general reasons for
7483 the action.
7484 (c) If an applicant appeals the denial to the review board, the applicant may have access
7485 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2,
7486 Government Records Access and Management Act.
7487 (d) On appeal to the board, the agency has the burden of proof by a preponderance of
7488 the evidence.
7489 (e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a
7490 final order within 30 days stating the board's decision.
7491 (ii) The final order shall be in the form prescribed by Subsection 63-46b-5 (1)(i).
7492 (iii) The final order is final agency action for purposes of judicial review under Section
7493 63-46b-15 .
7494 (16) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah
7495 Administrative Rulemaking Act, necessary to administer this chapter.
7496 Section 96. Section 53-10-108 is amended to read:
7497 53-10-108. Restrictions on access, use, and contents of division records -- Limited
7498 use of records for employment purposes -- Challenging accuracy of records -- Usage fees
7499 -- Missing children records.
7500 (1) Dissemination of information from a criminal history record or warrant of arrest
7501 information from division files is limited to:
7502 (a) criminal justice agencies for purposes of administration of criminal justice and for
7503 employment screening by criminal justice agencies;
7504 (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
7505 executive order, court rule, court order, or local ordinance;

7506 (c) agencies or individuals for the purpose of obtaining required clearances connected
7507 with foreign travel or obtaining citizenship;
7508 (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
7509 agency to provide services required for the administration of criminal justice; and
7510 (ii) the agreement shall specifically authorize access to data, limit the use of the data to
7511 purposes for which given, and ensure the security and confidentiality of the data;
7512 (e) agencies or individuals for the purpose of a preplacement adoptive study, in
7513 accordance with the requirements of [Section 78-30-3.5 ] Sections 78B-6-128 and 78B-6-130 ;
7514 (f) (i) agencies and individuals as the commissioner authorizes for the express purpose
7515 of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
7516 agency; and
7517 (ii) private security agencies through guidelines established by the commissioner for
7518 employment background checks for their own employees and prospective employees;
7519 (g) a qualifying entity for employment background checks for their own employees and
7520 persons who have applied for employment with the qualifying entity; and
7521 (h) other agencies and individuals as the commissioner authorizes and finds necessary
7522 for protection of life and property and for offender identification, apprehension, and
7523 prosecution pursuant to an agreement.
7524 (2) An agreement under Subsection (1)(f) or (1)(h) shall specifically authorize access
7525 to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
7526 anonymity of individuals to whom the information relates, and ensure the confidentiality and
7527 security of the data.
7528 (3) (a) Before requesting information under Subsection (1)(g), a qualifying entity must
7529 obtain a signed waiver from the person whose information is requested.
7530 (b) The waiver must notify the signee:
7531 (i) that a criminal history background check will be conducted;
7532 (ii) who will see the information; and
7533 (iii) how the information will be used.

7534 (c) Information received by a qualifying entity under Subsection (1)(g) may only be:
7535 (i) available to persons involved in the hiring or background investigation of the
7536 employee; and
7537 (ii) used for the purpose of assisting in making an employment or promotion decision.
7538 (d) A person who disseminates or uses information obtained from the division under
7539 Subsection (1)(g) for purposes other than those specified under Subsection (3)(c), in addition to
7540 any penalties provided under this section, is subject to civil liability.
7541 (e) A qualifying entity that obtains information under Subsection (1)(g) shall provide
7542 the employee or employment applicant an opportunity to:
7543 (i) review the information received as provided under Subsection (8); and
7544 (ii) respond to any information received.
7545 (f) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
7546 division may make rules to implement this Subsection (3).
7547 (g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $15.
7548 (ii) The name check fee under Subsection (1)(g) is $10.
7549 (iii) These fees remain in effect until changed by the division through the process under
7550 Section 63-38-3.2 .
7551 (iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be
7552 deposited in the General Fund as a dedicated credit by the department to cover the costs
7553 incurred in providing the information.
7554 (h) The division or its employees are not liable for defamation, invasion of privacy,
7555 negligence, or any other claim in connection with the contents of information disseminated
7556 under Subsection (1)(g).
7557 (4) Any criminal history record information obtained from division files may be used
7558 only for the purposes for which it was provided and may not be further disseminated, except
7559 that a criminal history provided to an agency pursuant to Subsection (1)(e) may be provided by
7560 the agency to the person who is the subject of the history, another licensed child-placing
7561 agency, or the attorney for the adoptive parents for the purpose of facilitating an adoption.

7562 (5) If an individual has no prior criminal convictions, criminal history record
7563 information contained in the division's computerized criminal history files may not include
7564 arrest or disposition data concerning an individual who has been acquitted, his charges
7565 dismissed, or when no complaint against him has been filed.
7566 (6) (a) This section does not preclude the use of the division's central computing
7567 facilities for the storage and retrieval of criminal history record information.
7568 (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
7569 unauthorized agencies or individuals.
7570 (7) Direct access through remote computer terminals to criminal history record
7571 information in the division's files is limited to those agencies authorized by the commissioner
7572 under procedures designed to prevent unauthorized access to this information.
7573 (8) (a) The commissioner shall establish procedures to allow an individual right of
7574 access to review and receive a copy of his criminal history report.
7575 (b) A processing fee for the right of access service, including obtaining a copy of the
7576 individual's criminal history report under Subsection (8)(a) is $10. This fee remains in effect
7577 until changed by the commissioner through the process under Section 63-38-3.2 .
7578 (c) (i) The commissioner shall establish procedures for an individual to challenge the
7579 completeness and accuracy of criminal history record information contained in the division's
7580 computerized criminal history files regarding that individual.
7581 (ii) These procedures shall include provisions for amending any information found to
7582 be inaccurate or incomplete.
7583 (9) The private security agencies as provided in Subsection (1)(f)(ii):
7584 (a) shall be charged for access; and
7585 (b) shall be registered with the division according to rules made by the division under
7586 Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
7587 (10) Before providing information requested under this section, the division shall give
7588 priority to criminal justice agencies needs.
7589 (11) (a) Misuse of access to criminal history record information is a class B

7590 misdemeanor.
7591 (b) The commissioner shall be informed of the misuse.
7592 Section 97. Section 53-10-208 is amended to read:
7593 53-10-208. Definition -- Offenses included on statewide warrant system --
7594 Transportation fee to be included -- Statewide warrant system responsibility -- Quality
7595 control -- Training -- Technical support -- Transaction costs.
7596 (1) "Statewide warrant system" means the portion of the state court computer system
7597 that is accessible by modem from the state mainframe computer and contains:
7598 (a) records of criminal warrant information; and
7599 (b) after notice and hearing, records of protective orders issued pursuant to:
7600 (i) Title [30] 78B, Chapter [6] 7, Part 1, Cohabitant Abuse Act; or
7601 (ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
7602 (2) (a) (i) The division shall include on the statewide warrant system all warrants
7603 issued for felony offenses and class A, B, and C misdemeanor offenses in the state.
7604 (ii) For each offense the division shall indicate whether the magistrate ordered under
7605 Section 77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
7606 (b) Infractions shall not be included on the statewide warrant system, including any
7607 subsequent failure to appear warrants issued on an infraction.
7608 (3) The division is the agency responsible for the statewide warrant system and shall:
7609 (a) ensure quality control of all warrants of arrest or commitment and protective orders
7610 contained in the statewide warrant system by conducting regular validation checks with every
7611 clerk of a court responsible for entering the information on the system;
7612 (b) upon the expiration of the protective orders and in the manner prescribed by the
7613 division, purge information regarding protective orders described in Subsection 53-10-208.1 (4)
7614 within 30 days of the time after expiration;
7615 (c) establish system procedures and provide training to all criminal justice agencies
7616 having access to information contained on the state warrant system;
7617 (d) provide technical support, program development, and systems maintenance for the

7618 operation of the system; and
7619 (e) pay data processing and transaction costs for state, county, and city law
7620 enforcement agencies and criminal justice agencies having access to information contained on
7621 the state warrant system.
7622 (4) (a) Any data processing or transaction costs not funded by legislative appropriation
7623 shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
7624 (b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
7625 Section 98. Section 53-10-208.1 is amended to read:
7626 53-10-208.1. Magistrates and court clerks to supply information.
7627 Every magistrate or clerk of a court responsible for court records in this state shall,
7628 within 30 days of the disposition and on forms and in the manner provided by the division,
7629 furnish the division with information pertaining to:
7630 (1) all dispositions of criminal matters, including:
7631 (a) guilty pleas;
7632 (b) convictions;
7633 (c) dismissals;
7634 (d) acquittals;
7635 (e) pleas held in abeyance;
7636 (f) judgments of not guilty by reason of insanity for a violation of:
7637 (i) a felony offense;
7638 (ii) Title 76, Chapter 5, Offenses Against the Person; or
7639 (iii) Title 76, Chapter 10, Part 5, Weapons;
7640 (g) judgments of guilty and mentally ill;
7641 (h) finding of mental incompetence to stand trial for a violation of:
7642 (i) a felony offense;
7643 (ii) Title 76, Chapter 5, Offenses Against the Person; or
7644 (iii) Title 76, Chapter 10, Part 5, Weapons; or
7645 (i) probations granted; and

7646 (2) orders of civil commitment under the terms of Section 62A-15-631 ;
7647 (3) the issuance, recall, cancellation, or modification of all warrants of arrest or
7648 commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section [ 78-32-4 ]
7649 78B-6-303 , within one day of the action and in a manner provided by the division; and
7650 (4) protective orders issued after notice and hearing, pursuant to:
7651 (a) Title [30] 78B, Chapter [6] 7, Part 1, Cohabitant Abuse Act; or
7652 (b) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
7653 Section 99. Section 53-10-404 is amended to read:
7654 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
7655 (1) As used in this section, "person" refers to any person described under Section
7656 53-10-403 .
7657 (2) (a) A person under Section 53-10-403 or any person added to the sex offender
7658 register as defined in Section 77-27-21.5 shall provide a DNA specimen and shall reimburse
7659 the responsible agency $100 for the cost of obtaining the DNA specimen unless the agency
7660 determines the person lacks the ability to pay.
7661 (b) (i) The responsible agencies shall establish guidelines and procedures for
7662 determining if the person is able to pay the fee. An agency's implementation of Subsection
7663 (2)(b)(ii) meets an agency's obligation to determine an inmate's ability to pay.
7664 (ii) An agency's guidelines and procedures may provide for the assessment of $100 on
7665 the inmate's county trust fund account and may allow a negative balance in the account until
7666 the $100 is paid in full.
7667 (3) (a) All fees collected under Subsection (2) shall be deposited in the DNA Specimen
7668 Restricted Account created in Section 53-10-407 , except that sheriffs collecting the fee shall
7669 deposit $80 of the fee in the DNA Specimen Restricted Account and retain the balance of $20
7670 for the costs of obtaining the saliva DNA specimen.
7671 (b) The responsible agency shall determine the method of collecting the DNA
7672 specimen. Unless the responsible agency determines there are substantial reasons for using a
7673 different method of collection or the person refuses to cooperate with the collection, the

7674 preferred method of collection shall be obtaining a saliva specimen.
7675 (c) The responsible agencies may use reasonable force, as established by their
7676 individual guidelines and procedures, to collect the DNA sample if the person refuses to
7677 cooperate with the collection.
7678 (d) If the judgment places the person on probation, the person shall submit to the
7679 obtaining of a DNA specimen as a condition of the probation.
7680 (e) Under this section a person is required to provide one DNA specimen. The person
7681 shall provide an additional DNA specimen only if the DNA specimen previously provided is
7682 not adequate for analysis.
7683 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
7684 possible after conviction, plea, or finding of jurisdiction by the juvenile court, and transmitted
7685 to the Department of Public Safety.
7686 (b) If notified by the Department of Public Safety that a DNA specimen is not adequate
7687 for analysis, the agency shall obtain and transmit an additional DNA specimen.
7688 (5) (a) The Department of Corrections is the responsible agency whenever the person is
7689 committed to the custody of or is under the supervision of the Department of Corrections.
7690 (b) The juvenile court is the responsible agency regarding a minor under Subsection
7691 53-10-403 (3), but if the minor has been committed to the legal custody of the Division of
7692 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
7693 minor has not previously been obtained by the juvenile court under Section [ 78-3a-118 ]
7694 78A-6-117 .
7695 (c) The sheriff operating a county jail is the responsible agency regarding the collection
7696 of DNA specimens from persons who:
7697 (i) have pled guilty to or have been convicted of an offense listed under Subsection
7698 53-10-403 (2) but who have not been committed to the custody of or are not under the
7699 supervision of the Department of Corrections; and
7700 (ii) are incarcerated in the county jail:
7701 (A) as a condition of probation for a felony offense; or

7702 (B) for a misdemeanor offense for which collection of a DNA specimen is required.
7703 (d) The sheriff under Subsection (5)(c) shall:
7704 (i) designate employees to obtain the saliva DNA specimens required under Section
7705 53-10-403 ; and
7706 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
7707 training and that the specimens are obtained in accordance with accepted protocol.
7708 (6) (a) As used in this Subsection (6), "department" means the Department of
7709 Corrections.
7710 (b) Priority of obtaining DNA specimens by the department is:
7711 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
7712 of or under the supervision of the department before these persons are released from
7713 incarceration, parole, or probation, if their release date is prior to that of persons under
7714 Subsections (6)(b)(ii), but in no case later than July 1, 2004; and
7715 (ii) second, the department shall obtain DNA specimens from persons who are
7716 committed to the custody of the department or who are placed under the supervision of the
7717 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
7718 than prior to release from incarceration if the person is imprisoned, or prior to the termination
7719 of probation if the person is placed on probation.
7720 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
7721 is:
7722 (i) persons on probation;
7723 (ii) persons on parole; and
7724 (iii) incarcerated persons.
7725 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
7726 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
7727 specimens from persons in the custody of or under the supervision of the Department of
7728 Corrections as of July 1, 2002, prior to their release.
7729 (7) (a) As used in this Subsection (7), "court" means the juvenile court and "division"

7730 means the Division of Juvenile Justice Services.
7731 (b) Priority of obtaining DNA specimens by the court from minors under Section
7732 53-10-403 who are under the jurisdiction of the court but who are not in the legal custody of
7733 the division shall be:
7734 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the court's
7735 jurisdiction, prior to termination of the court's jurisdiction over these minors; and
7736 (ii) second, to obtain specimens from minors who are found to be within the court's
7737 jurisdiction after July 1, 2002, within 120 days of the minor's being found to be within the
7738 court's jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction
7739 over the minor.
7740 (c) Priority of obtaining DNA specimens by the division from minors under Section
7741 53-10-403 who are committed to the legal custody of the division shall be:
7742 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
7743 division's legal custody and who have not previously provided a DNA specimen under this
7744 section, prior to termination of the division's legal custody of these minors; and
7745 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
7746 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
7747 division, jurisdiction, if possible, but not later than prior to termination of the court's
7748 jurisdiction over the minor.
7749 (8) (a) The Department of Corrections, the juvenile court, and the Division of Juvenile
7750 Justice Services shall by policy establish procedures for obtaining saliva DNA specimens, and
7751 shall provide training for employees designated to collect saliva DNA specimens.
7752 (b) The department may designate correctional officers, including those employed by
7753 the adult probation and parole section of the Department of Corrections, to obtain the saliva
7754 DNA specimens required under this section. The department shall ensure that the designated
7755 employees receive appropriate training and that the specimens are obtained in accordance with
7756 accepted protocol.
7757 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405 .

7758 Section 100. Section 53-10-407 is amended to read:
7759 53-10-407. DNA Specimen Restricted Account.
7760 (1) There is created the DNA Specimen Restricted Account, which is referred to in this
7761 section as "the account."
7762 (2) The sources of monies for the account are:
7763 (a) DNA collection fees paid under Section 53-10-404 ;
7764 (b) any appropriations made to the account by the Legislature; and
7765 (c) all federal monies provided to the state for the purpose of funding the collection or
7766 analysis of DNA specimens collected under Section 53-10-403 .
7767 (3) The account shall earn interest, and this interest shall be deposited in the account.
7768 (4) The Legislature may appropriate monies from the account solely for the following
7769 purposes:
7770 (a) to the Department of Corrections for the costs of:
7771 (i) collecting DNA specimens as required under Section 53-10-403 ; and
7772 (ii) DNA testing which cannot be performed by the Utah State Crime Lab, as provided
7773 in Subsection [ 78-35a-301 ] 78B-9-301 (8);
7774 (b) to the juvenile court for the costs of collecting DNA specimens as required under
7775 Sections 53-10-403 and [ 78-3a-118 ] 78A-6-117 ;
7776 (c) to the Division of Juvenile Justice Services for the costs of collecting DNA
7777 specimens as required under Sections 53-10-403 and 62A-7-104 ; and
7778 (d) to the Department of Public Safety for the costs of storing and analyzing DNA
7779 specimens in accordance with the requirements of this part.
7780 (5) Appropriations from the account to the Department of Corrections, the juvenile
7781 court, the Division of Juvenile Justice Services, and to the Department of Public Safety are
7782 nonlapsing.
7783 Section 101. Section 53A-1a-105.5 is amended to read:
7784 53A-1a-105.5. Parental permission required for specified in-home programs --
7785 Exceptions.

7786 (1) The State Board of Education, local school boards, school districts, and public
7787 schools are prohibited from requiring infant or preschool in-home literacy or other educational
7788 or parenting programs without obtaining parental permission in each individual case.
7789 (2) This section does not prohibit the Division of Child and Family Services, within the
7790 Department of Human Services, from providing or arranging for family preservation or other
7791 statutorily provided services in accordance with Title 62A, Chapter 4a, or any other in-home
7792 services that have been court ordered, pursuant to Title 62A, Chapter 4a, or Title [78] 78A,
7793 Chapter [3a] 6, Juvenile court Act of 1996.
7794 Section 102. Section 53A-11-103 is amended to read:
7795 53A-11-103. Duties of a school board, local charter board, or school district in
7796 resolving attendance problems -- Parental involvement -- Liability not imposed.
7797 (1) A local school board, local charter board, or school district shall make efforts to
7798 resolve the school attendance problems of each school-age minor who is, or should be, enrolled
7799 in the school district.
7800 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
7801 (a) counseling of the minor by school authorities;
7802 (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
7803 accordance with Section 53A-11-101.7 ;
7804 (c) issuing a notice of compulsory education violation to a parent of a school-age child,
7805 in accordance with Section 53A-11-101.5 ;
7806 (d) making any necessary adjustment to the curriculum and schedule to meet special
7807 needs of the minor;
7808 (e) considering alternatives proposed by a parent;
7809 (f) monitoring school attendance of the minor;
7810 (g) voluntary participation in truancy mediation, if available; and
7811 (h) providing a school-age minor's parent, upon request, with a list of resources
7812 available to assist the parent in resolving the school-age minor's attendance problems.
7813 (3) In addition to the efforts described in Subsection (2), the local school board, local

7814 charter board, or school district may enlist the assistance of community and law enforcement
7815 agencies as appropriate and reasonably feasible.
7816 (4) This section shall not impose any civil liability on boards of education, local school
7817 boards, local charter boards, school districts, or their employees.
7818 (5) Proceedings initiated under this part do not obligate or preclude action by the
7819 Division of Child and Family Services under Section [ 78-3a-316 ] 78A-6-319 .
7820 Section 103. Section 53A-11-105 is amended to read:
7821 53A-11-105. Taking custody of a person believed to be a truant minor --
7822 Disposition -- Receiving centers -- Reports -- Immunity from liability.
7823 (1) A peace officer or public school administrator may take a minor into temporary
7824 custody if there is reason to believe the minor is a truant minor.
7825 (2) An individual taking a school-age minor into custody under Subsection (1) shall,
7826 without unnecessary delay, release the minor to:
7827 (a) the principal of the minor's school;
7828 (b) a person who has been designated by the local school board or local charter board
7829 to receive and return the minor to school; or
7830 (c) a receiving center established under Subsection (5).
7831 (3) If the minor refuses to return to school or go to the receiving center, the officer or
7832 administrator shall, without unnecessary delay, notify the minor's parents and release the minor
7833 to their custody.
7834 (4) If the parents cannot be reached or are unable or unwilling to accept custody, the
7835 minor shall be referred to the Division of Child and Family Services.
7836 (5) (a) A local school board or local charter board, singly or jointly with another school
7837 board, may establish or designate receiving centers within existing school buildings and staff
7838 the centers with existing teachers or staff to provide educational guidance and counseling for
7839 truant minors. Upon receipt of a truant minor, the center shall, without unnecessary delay,
7840 notify and direct the minor's parents to come to the center, pick up the minor, and return the
7841 minor to the school in which the minor is enrolled.

7842 (b) If the parents cannot be reached or are unable or unwilling to comply with the
7843 request within a reasonable time, the center shall take such steps as are reasonably necessary to
7844 insure the safety and well being of the minor, including, when appropriate, returning the minor
7845 to school or referring the minor to the Division of Child and Family Services. A minor taken
7846 into custody under this section may not be placed in a detention center or other secure
7847 confinement facility.
7848 (6) Action taken under this section shall be reported to the appropriate school district.
7849 The district shall promptly notify the minor's parents of the action taken.
7850 (7) The Utah Governmental Immunity Act applies to all actions taken under this
7851 section.
7852 (8) Nothing in this section may be construed to grant authority to a public school
7853 administrator to place a minor in the custody of the Division of Child and Family Services,
7854 without complying with the provisions of Title 62A, Chapter 4a, Parts 2, Child Welfare
7855 Services, and 2A, Minors in Custody on Grounds Other Than Abuse or Neglect, and of Title
7856 [78] 78A, Chapter [3a] 6, Parts 3, Abuse, Neglect, and Dependency [Hearings] Proceedings,
7857 and [3A] 4, Minors in Custody on Grounds Other Than Abuse or Neglect.
7858 Section 104. Section 53A-11-806 is amended to read:
7859 53A-11-806. Defacing or injuring school property -- Student's liability --
7860 Voluntary work program alternative.
7861 (1) Any student who willfully defaces or otherwise injures any school property may be
7862 suspended or otherwise disciplined.
7863 (2) (a) Any school district whose property has been lost or willfully cut, defaced, or
7864 otherwise injured may withhold the issuance of official written grade reports, diploma, and
7865 transcripts of the student responsible for the damage or loss until the student or the student's
7866 parent or guardian has paid for the damages.
7867 (b) The student's parent or guardian is liable for damages as otherwise provided in
7868 Section [ 78-11-20 ] 78A-6-1113 .
7869 (3) (a) If the student and the student's parent or guardian are unable to pay for the

7870 damages or if it is determined by the school in consultation with the student's parents that the
7871 student's interests would not be served if the parents were to pay for the damages, then, the
7872 school district shall provide for a program of voluntary work for the student in lieu of the
7873 payment.
7874 (b) The district shall release the official grades, diploma, and transcripts of the student
7875 upon completion of the voluntary work.
7876 (4) Before any penalties are assessed under this section, the local school board shall
7877 adopt procedures to insure that the student's right to due process is protected.
7878 (5) No penalty may be assessed for damages which may be reasonably attributed to
7879 normal wear and tear.
7880 (6) If the Department of Human Services or a licensed child-placing agency has been
7881 granted custody of the student, that student's records, if requested by the department or agency,
7882 may not be withheld from the department or agency for nonpayment of damages under this
7883 section.
7884 Section 105. Section 53A-11-1001 is amended to read:
7885 53A-11-1001. Notification by juvenile court and law enforcement agencies.
7886 (1) Notifications received from the juvenile court or law enforcement agencies by the
7887 school district pursuant to Subsections [ 78-3a-113 ] 78A-6-112 (3)(b) and [ 78-3a-118 ]
7888 78A-6-117 (1)(b) are governed by this part.
7889 (2) School districts may enter into agreements with law enforcement agencies for
7890 notification under Subsection (1).
7891 Section 106. Section 53A-11-1004 is amended to read:
7892 53A-11-1004. Liability for release of information.
7893 (1) The district superintendent, principal, and any staff member notified by the
7894 principal may not be held liable for information which may become public knowledge unless it
7895 can be shown by clear and convincing evidence that the information became public knowledge
7896 through an intentional act of the superintendent, principal, or a staff member.
7897 (2) A person receiving information under Subsection [ 78-3a-113 ] 78A-6-112 (3)(b),

7898 [ 78-3a-118 ] 78A-6-117 (1)(b), or Section 53A-11-1002 is immune from any liability, civil or
7899 criminal, for acting or failing to act in response to the information unless the person acts or
7900 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
7901 Section 107. Section 53A-11-1301 , which is renumbered from Section 78-3e-1 is
7902 renumbered and amended to read:
7903 Part 13. Reporting School-Related Controlled Substance Abuse
7904 [78-3e-1]. 53A-11-1301. Definitions.
7905 (1) The definitions in Sections 58-37-2 , 58-37a-3 , and 58-37b-2 apply to this [chapter]
7906 part.
7907 (2) As used in this [chapter] part:
7908 (a) "Prohibited act" means an act punishable under Section 53A-3-501 , Section
7909 58-37-8 , Section 58-37a-5 , or Title 58, Chapter 37b.
7910 (b) "School" means a public or private elementary or secondary school.
7911 Section 108. Section 53A-11-1302 , which is renumbered from Section 78-3e-2 is
7912 renumbered and amended to read:
7913 [78-3e-2]. 53A-11-1302. Reporting of prohibited acts affecting a school --
7914 Confidentiality.
7915 (1) A person who has reasonable cause to believe that an individual has committed a
7916 prohibited act shall immediately notify:
7917 (a) the nearest law enforcement agency[,];
7918 (b) the principal[, or];
7919 (c) an administrator of the affected school[, or];
7920 (d) the superintendent of the affected school district; or
7921 (e) an administrator of the affected school district.
7922 (2) If notice is given to a school official, the official may authorize an investigation
7923 into allegations involving school property, students, or school district employees.
7924 (3) School officials may refer a complaint of an alleged prohibited act reported as
7925 occurring on school grounds or in connection with school-sponsored activities to an

7926 appropriate law enforcement agency. Referrals shall be made by school officials if the
7927 complaint alleges the prohibited act occurred elsewhere.
7928 (4) The identity of persons making reports pursuant to this section shall be kept
7929 confidential.
7930 Section 109. Section 53A-11-1303 , which is renumbered from Section 78-3e-3 is
7931 renumbered and amended to read:
7932 [78-3e-3]. 53A-11-1303. Immunity from civil or criminal liability.
7933 Any person, official, or institution, other than a law enforcement officer or law
7934 enforcement agency, participating in good faith in making a report or conducting an
7935 investigation under the direction of school or law enforcement authorities under this [chapter]
7936 part, is immune from any liability, civil or criminal, that otherwise might result by reason of
7937 that action.
7938 Section 110. Section 53A-11-1304 , which is renumbered from Section 78-3e-4 is
7939 renumbered and amended to read:
7940 [78-3e-4]. 53A-11-1304. Admissibility of evidence in civil and criminal actions.
7941 (1) Evidence relating to violations of this [chapter] part which is seized by school
7942 authorities acting alone [and], on their own authority, and not in conjunction with or at the
7943 behest of law enforcement authorities is admissible in civil and criminal actions.
7944 (2) A search under this section must be based on at least a reasonable belief that the
7945 search will turn up evidence of a violation of this [chapter] part. The measures adopted for the
7946 search must be reasonably related to the objectives of the search and not excessively intrusive
7947 in light of the circumstances, including the age and sex of the person involved and the nature of
7948 the infraction.
7949 Section 111. Section 53A-11-1305 , which is renumbered from Section 78-3e-5 is
7950 renumbered and amended to read:
7951 [78-3e-5]. 53A-11-1305. Board rules to ensure protection of individual rights.
7952 The State Board of Education and local boards of education shall adopt rules to
7953 implement this [chapter] part. The rules shall establish procedures to ensure protection of

7954 individual rights against excessive and unreasonable intrusion.
7955 Section 112. Section 53B-8d-102 is amended to read:
7956 53B-8d-102. Definitions.
7957 As used in this chapter:
7958 (1) "Division" means the Division of Child and Family Services.
7959 (2) "Long-term foster care" means an individual who remains in the custody of the
7960 division, whether or not the individual resides:
7961 (a) with licensed foster parents; or
7962 (b) in independent living arrangements under the supervision of the division.
7963 (3) "State institution of higher education" means:
7964 (a) those institutions designated in Section 53B-1-102 ; and
7965 (b) any public institution that offers postsecondary education in consideration of the
7966 payment of tuition or fees for the attainment of educational or vocational objectives leading to
7967 a degree or certificate, including:
7968 (i) business schools;
7969 (ii) technical schools;
7970 (iii) applied technology centers;
7971 (iv) trade schools; and
7972 (v) institutions offering related apprenticeship programs.
7973 (4) "Tuition" means tuition at the rate for residents of the state.
7974 (5) "Ward of the state" means an individual:
7975 (a) who is:
7976 (i) at least 17 years of age; and
7977 (ii) not older than 26 years of age;
7978 (b) who had a permanency goal in the individual's child and family plan, as described
7979 in Sections 62A-4a-205 and [ 78-3a-312 ] 78A-6-314 , of long-term foster care while in the
7980 custody of the division; and
7981 (c) for whom the custody of the division was not terminated as a result of adoption.

7982 Section 113. Section 54-8a-8.5 is amended to read:
7983 54-8a-8.5. Alternative dispute resolution.
7984 (1) An association formed under Section 54-8a-9 shall make available an alternative
7985 dispute resolution program to resolve disputes arising from damage to underground facilities
7986 between:
7987 (a) an operator;
7988 (b) an owner;
7989 (c) an excavator; or
7990 (d) other interested party.
7991 (2) The alternative dispute program created under this section is in addition to the
7992 ability of a party to bring a civil action under Section 54-8a-8 .
7993 (3) The alternative dispute resolution program shall:
7994 (a) include mediation and arbitration;
7995 (b) require that one or more appointed mediators or arbitrators decide:
7996 (i) the issue of liability for any reimbursement; and
7997 (ii) the amount of reimbursement; and
7998 (c) shall be consistent with Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration
7999 Act.
8000 (4) Nothing in this section shall be construed to change the basis for civil liability for
8001 damages.
8002 Section 114. Section 57-3-106 is amended to read:
8003 57-3-106. Original documents required -- Captions -- Legibility.
8004 (1) (a) Unless otherwise provided, documents presented for recording in the office of
8005 the county recorder shall:
8006 (i) be originals;
8007 (ii) contain a brief caption on the first page of the document stating the nature of the
8008 document; and
8009 (iii) contain a legal description of the property as required under Section 57-3-105 .

8010 (b) If a document is a master form, as defined in Section 57-3-201 , the caption required
8011 by Subsection (1)(a)(ii) shall state that the document is a master form.
8012 (2) A court judgment or an abstract of a court judgment presented for recording in the
8013 office of the county recorder in compliance with Section [ 78-22-1 ] 78B-5-202 shall:
8014 (a) be an original or certified copy; and
8015 (b) include the information identifying the judgment debtor as referred to in Subsection
8016 [ 78-22-1.5 ] 78B-5-201 (4) either:
8017 (i) in the judgment or abstract of judgment; or
8018 (ii) as a separate information statement of the judgment creditor as referred to in
8019 Subsection [ 78-22-1.5 ] 78B-5-201 (5).
8020 (3) Judgments, abstracts of judgments, and separate information statements of the
8021 judgment creditor do not require an acknowledgment or a legal description to be recorded.
8022 (4) A foreign judgment or an abstract of a foreign judgment recorded in the office of a
8023 county recorder shall include the affidavit as required in Section [ 78-22a-3 ] 78B-5-303 .
8024 (5) Any document recorded in the office of the county recorder to release or assign a
8025 judgment lien shall include:
8026 (a) the name of any judgment creditor, debtor, assignor, or assignee;
8027 (b) the date of recording; and
8028 (c) the entry number of the instrument creating the judgment lien.
8029 (6) Documents presented for recording shall also be sufficiently legible for the recorder
8030 to make certified copies.
8031 (7) (a) (i) A document that is of record in the office of the appropriate county recorder
8032 in compliance with this chapter may not be recorded again in that same county recorder's office
8033 unless the original document has been reexecuted by all parties who executed the document.
8034 (ii) Unless exempt by statute, original documents that are reexecuted must also contain
8035 the appropriate acknowledgment, proof of execution, jurat, or other notarial certification for all
8036 parties who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public
8037 Reform Act, and Title 57, Chapter 2, Acknowledgments.

8038 (iii) Documents submitted for rerecording shall contain a brief statement explaining the
8039 reason for rerecording.
8040 (b) A county recorder may refuse to accept a document for rerecording if that
8041 document does not conform to the requirements of this section.
8042 (c) This Subsection (7) applies only to documents executed after July 1, 1998.
8043 (8) Minor typographical or clerical errors in a document of record may be corrected by
8044 the recording of an affidavit or other appropriate instrument.
8045 (9) Subject to federal bankruptcy law, neither the recordation of an affidavit under
8046 Subsection (8) nor the reexecution and rerecording of a document under Subsection (7) shall:
8047 (a) divest a grantee of any real property interest; or
8048 (b) alter an interest in real property or return to the grantor an interest in real property
8049 conveyed by statute.
8050 Section 115. Section 57-8-38 is amended to read:
8051 57-8-38. Arbitration.
8052 The declaration, bylaws, or association rules may provide that disputes between the
8053 parties shall be submitted to arbitration pursuant to Title [78] 78B, Chapter [31a] 11, Utah
8054 Uniform Arbitration Act.
8055 Section 116. Section 57-16-6 is amended to read:
8056 57-16-6. Action for lease termination -- Prerequisite procedure.
8057 A legal action to terminate a lease based upon a cause set forth in Section 57-16-5 may
8058 not be commenced except in accordance with the following procedure:
8059 (1) Before issuance of any summons and complaint, the mobile home park shall send
8060 or serve written notice to the resident or person:
8061 (a) by delivering a copy of the notice personally;
8062 (b) by sending a copy of the notice through registered or certified mail addressed to the
8063 resident or person at the person's place of residence;
8064 (c) if the resident or person is absent from the person's place of residence, by leaving a
8065 copy of the notice with some person of suitable age and discretion at the individual's residence

8066 and sending a copy through registered or certified mail addressed to the resident or person at
8067 the person's place of residence; or
8068 (d) if a person of suitable age or discretion cannot be found, by affixing a copy of the
8069 notice in a conspicuous place on the resident's or person's mobile home and also sending a copy
8070 through registered or certified mail addressed to the resident or person at the person's place of
8071 residence.
8072 (2) The notice shall set forth the cause for the notice and, if the cause is one which can
8073 be cured, the time within which the resident or person has to cure. The notice shall also set
8074 forth the time after which the mobile home park may commence legal action against the
8075 resident or person if cure is not effected, as follows:
8076 (a) In the event of failure to abide by a mobile home park rule, the notice shall provide
8077 for a cure period as provided in Subsections 57-16-5 (1)(a) and (2), except in the case of
8078 repeated violations and, shall state that if a cure is not timely effected, or a written agreement
8079 made between the mobile home park and the resident allowing for a variation in the rule or
8080 cure period, eviction proceedings may be initiated immediately.
8081 (b) If a resident, a member, or invited guest or visitor of the resident's household
8082 commits repeated violations of a rule, a summons and complaint may be issued three days after
8083 a notice is served.
8084 (c) If a resident, a member, or invited guest or visitor of the resident's household
8085 behaves in a manner that threatens or substantially endangers the well-being, security, safety, or
8086 health of other persons in the park or threatens or damages property in the park, eviction
8087 proceedings may commence immediately.
8088 (d) If a resident does not pay rent, fees, or service charges, the notice shall provide a
8089 five-day cure period and, that if cure is not timely effected, or a written agreement made
8090 between the mobile home park and the resident allowing for a variation in the rule or cure
8091 period, eviction proceedings may be initiated immediately.
8092 (e) If there is a planned change in land use or condemnation of the park, the notice
8093 shall provide that the resident has 90 days after receipt of the notice to vacate the mobile home

8094 park if no governmental approval or permits incident to the planned change are required, and if
8095 governmental approval and permits are required, that the resident has 90 days to vacate the
8096 mobile home park after all permits or approvals incident to the planned change are obtained.
8097 (3) If the planned change in land use or condemnation requires the approval of a
8098 governmental agency, the mobile home park, in addition to the notice required by Subsection
8099 (2)(e), shall send written notice of the date set for the initial hearing to each resident at least
8100 seven days before the date scheduled for the initial hearing.
8101 (4) Regardless of whether the change of use requires the approval of any governmental
8102 agency, if the resident was not a resident of the mobile home park at the time the initial change
8103 of use notice was issued to residents the owner shall give notice of the change of use to the
8104 resident before he occupies the mobile home space.
8105 (5) (a) Eviction proceedings commenced under this chapter and based on causes set
8106 forth in Subsections 57-16-5 (1)(a), (b), and (e) shall be brought in accordance with the Utah
8107 Rules of Civil Procedure and [shall] may not be treated as unlawful detainer actions under Title
8108 [78] 78B, Chapter [36] 6, Part 8, Forcible Entry and Detainer. Eviction proceedings
8109 commenced under this chapter and based on causes of action set forth in Subsections
8110 57-16-5 (1)(c) and (d) may, at the election of the mobile home park, be treated as actions
8111 brought under this chapter and the unlawful detainer provisions of Title [78] 78B, Chapter [36]
8112 6, Part 8, Forcible Entry and Detainer.
8113 (b) If unlawful detainer is charged, the court shall endorse on the summons the number
8114 of days within which the defendant is required to appear and defend the action, which shall not
8115 be less than five days or more than 20 days from the date of service.
8116 Section 117. Section 57-16-15.1 is amended to read:
8117 57-16-15.1. Eviction proceeding.
8118 (1) Eviction proceedings commenced under this chapter and based on causes of action
8119 set forth in Subsections 57-16-5 (1)(a), (b), and (e), and eviction proceedings commenced under
8120 this chapter based on causes of action set forth in Subsections 57-16-5 (1)(c) and (d), in which a
8121 landlord elects to bring an action under this chapter and not under the unlawful detainer

8122 provisions of Title [78] 78B, Chapter [36] 6, Part 8, Forcible Entry and Detainer, shall comply
8123 with the following:
8124 (a) A judgment may be entered upon the merits or upon default. A judgment entered in
8125 favor of the plaintiff may:
8126 (i) include an order of restitution of the premises; and
8127 (ii) declare the forfeiture of the lease or agreement.
8128 (b) The jury, or the court if the proceedings are tried without a jury or upon the
8129 defendant's default, shall assess the damages resulting to the plaintiff from any of the
8130 following:
8131 (i) waste of the premises during the resident's tenancy, if waste is alleged in the
8132 complaint and proved; and
8133 (ii) the amount of rent due.
8134 (c) If the lease or agreement provides for reasonable [attorneys'] attorney fees, the court
8135 shall order reasonable [attorneys'] attorney fees to the prevailing party.
8136 (d) Whether or not the lease or agreement provides for court costs and [attorneys']
8137 attorney fees, if the proceeding is contested, the court shall order court costs and [attorneys']
8138 attorney fees to the prevailing party.
8139 (e) Except as provided in Subsection (1)(f), after judgment has been entered under this
8140 section, judgment and restitution may be enforced no sooner than 15 days from the date the
8141 judgment is entered. The person who commences the action shall mail through registered or
8142 certified mail a copy of the judgment to the resident or the resident's agent or attorney as
8143 required by the Utah Rules of Civil Procedure.
8144 (f) If a resident tenders to the mobile home park postjudgment rent, in the form of cash,
8145 cashier's check, or certified funds, then restitution may be delayed for the period of time
8146 covered by the postjudgment rent, which time period shall not exceed 15 days from the date of
8147 the judgment unless a longer period is agreed to in writing by the mobile home park.
8148 (2) Eviction proceedings commenced under this chapter and based on causes of action
8149 set forth in Subsections 57-16-5 (1)(c) and (d), in which the mobile home park has elected to

8150 treat as actions also brought under the unlawful detainer provisions of Title [78] 78B, Chapter
8151 [36] 6, Part 8, Forcible Entry and Detainer, shall be governed by Sections [ 78-36-10 ]
8152 78B-6-811 and [ 78-36-10.5 ] 78B-6-812 with respect to judgment for restitution, damages, rent,
8153 enforcement of the judgment and restitution.
8154 (3) The provisions in Section [ 78-36-10.5 ] 78B-6-812 shall apply to this section except
8155 the enforcement time limits in Subsections (1)(e) and (f) shall govern.
8156 Section 118. Section 57-18-7 is amended to read:
8157 57-18-7. Conservation easement not obtained through eminent domain --
8158 Conservation easement may not interfere with eminent domain.
8159 (1) No conservation easement, or right-of-way or access to a conservation easement
8160 may be obtained through the use of eminent domain.
8161 (2) The existence of a conservation easement may not defeat or interfere with the
8162 otherwise proper exercise of eminent domain under Title [78] 78B, Chapter [34] 6, Part 5,
8163 Eminent Domain.
8164 Section 119. Section 57-19-19 is amended to read:
8165 57-19-19. Subpoenas -- Evidence.
8166 (1) For the purposes of any investigation or proceeding under this chapter, the director,
8167 or any officer designated by him, may administer oaths and affirmations, subpoena witnesses,
8168 compel their attendance, take evidence, and require the production of any books, papers,
8169 correspondence, memoranda, agreements, or other documents or records which the director
8170 considers relevant or material to the inquiry.
8171 (2) A person who disobeys any subpoena lawfully issued by the director, or who
8172 refuses to testify to any matters regarding which he may be lawfully interrogated, is subject to
8173 the provisions of Section [ 78-32-15 ] 78B-6-313 .
8174 Section 120. Section 57-22-4 is amended to read:
8175 57-22-4. Owner's duties -- Maintenance of common areas, building, and utilities
8176 -- Duty to correct -- No duty to correct condition caused by renter -- Owner may refuse to
8177 correct.

8178 (1) To protect the physical health and safety of the ordinary renter, each owner shall:
8179 (a) not rent the premises unless they are safe, sanitary, and fit for human occupancy;
8180 (b) maintain common areas of the residential rental unit in a sanitary and safe
8181 condition;
8182 (c) maintain electrical systems, plumbing, heating, and hot and cold water;
8183 (d) maintain other appliances and facilities as specifically contracted in the lease
8184 agreement; and
8185 (e) for buildings containing more than two residential rental units, provide and
8186 maintain appropriate receptacles for garbage and other waste and arrange for its removal,
8187 except to the extent that renters and owners otherwise agree.
8188 (2) In the event the renter believes the residential rental unit does not comply with the
8189 standards for health and safety required under this chapter, the renter shall give written notice
8190 of the noncompliance to the owner. Within a reasonable time after receipt of this notice, the
8191 owner shall commence action to correct the condition of the unit. The notice required by this
8192 subsection shall be served pursuant to Section [ 78-36-6 ] 78B-6-805 .
8193 (3) The owner need not correct or remedy any condition caused by the renter, the
8194 renter's family, or the renter's guests or invitees by inappropriate use or misuse of the property
8195 during the rental term or any extension of it.
8196 (4) The owner may refuse to correct the condition of the residential rental unit and
8197 terminate the rental agreement if the unit is unfit for occupancy. If the owner refuses to correct
8198 the condition and intends to terminate the rental agreement, he shall notify the renter in writing
8199 within a reasonable time after receipt of the notice of noncompliance. If the rental agreement is
8200 terminated, the rent paid shall be prorated to the date the agreement is terminated, and any
8201 balance shall be refunded to the renter along with any deposit due.
8202 (5) The owner is not liable under this chapter for claims for mental suffering or
8203 anguish.
8204 Section 121. Section 57-22-5.1 is amended to read:
8205 57-22-5.1. Crime victim's right to new locks.

8206 (1) For purposes of this section, "crime victim" means a victim of:
8207 (a) domestic violence, as defined in Section 77-36-1 ;
8208 (b) stalking as defined in Section 76-5-106.5 ;
8209 (c) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
8210 (d) burglary or aggravated burglary under Section 76-6-202 or 76-6-203 ; or
8211 (e) dating violence, consisting of verbal, emotional, psychological, physical, or sexual
8212 abuse of one person by another in a dating relationship.
8213 (2) An acceptable form of documentation of an act listed in Subsection (1) is:
8214 (a) a protective order protecting the renter issued pursuant to Title [30] 78B, Chapter
8215 [6] 7, Part 1, Cohabitant Abuse Act, subsequent to a hearing of which the petitioner and
8216 respondent have been given notice under Title [30] 78B, Chapter [6] 7, Part 1; or
8217 (b) a copy of a police report documenting an act listed in Subsection (1).
8218 (3) (a) A renter who is a crime victim may require the renter's owner to install a new
8219 lock to the renter's residential rental unit if the renter:
8220 (i) provides the owner with an acceptable form of documentation of an act listed in
8221 Subsection (1); and
8222 (ii) pays for the cost of installing the new lock.
8223 (b) An owner may comply with Subsection (3)(a) by:
8224 (i) rekeying the lock if the lock is in good working condition; or
8225 (ii) changing the entire locking mechanism with a locking mechanism of equal or
8226 greater quality than the lock being replaced.
8227 (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
8228 key that opens the new lock.
8229 (d) Notwithstanding any rental agreement, an owner who installs a new lock under
8230 Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
8231 perpetrator of the act listed in Subsection (1).
8232 (e) Notwithstanding Section [ 78-36-12 ] 78B-6-814 , if an owner refuses to provide a
8233 copy of the key under Subsection (3)(d) to a perpetrator who is not barred from the residential

8234 rental unit by a protective order but is a renter on the rental agreement, the perpetrator may file
8235 a petition with a court of competent jurisdiction within 30 days to:
8236 (i) establish whether the perpetrator should be given a key and allowed access to the
8237 residential rental unit; or
8238 (ii) whether the perpetrator should be relieved of further liability under the rental
8239 agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
8240 (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
8241 liability under the rental agreement if the perpetrator is found by the court to have committed
8242 the act upon which the landlord's exclusion of the perpetrator is based.
8243 Section 122. Section 57-22-6 is amended to read:
8244 57-22-6. Renter's remedies -- Compliance required -- Notice to owner or
8245 agent-renter entitled to judicial remedy -- Attorney fees.
8246 (1) A renter is not entitled to the remedies set forth in this section unless the renter is in
8247 compliance with all provisions of Section 57-22-5 .
8248 (2) If a reasonable time has elapsed after the renter has served written notice on the
8249 owner under Section 57-22-4 and the condition described in the notice has not been corrected,
8250 the renter may cause a "notice to repair or correct condition" to be prepared and served on the
8251 owner pursuant to Section [ 78-36-6 ] 78B-6-805 . This notice shall:
8252 (a) recite the previous notice served under Subsection 57-22-4 (2);
8253 (b) recite the number of days that have elapsed since the notice was served and state
8254 that under the circumstances such a period of time constitutes the reasonable time allowed
8255 under Section 57-22-4 ;
8256 (c) state the conditions included in the previous notice which have not been corrected;
8257 (d) make demand that the uncorrected conditions be corrected; and
8258 (e) state that in the event of failure of the owner to commence reasonable corrective
8259 action within three days the renter will seek redress in the courts.
8260 (3) (a) If the owner has not corrected or used due diligence to correct the conditions
8261 following the notice under this section, the renter is entitled to bring an action in district court.

8262 (b) The court shall endorse on the summons the number of days within which the
8263 owner is required to appear and defend the action, which shall not be less than three nor more
8264 than 20 days from the date of service.
8265 (c) Upon a showing of an unjustified refusal to correct or the failure to use due
8266 diligence to correct a condition described in this chapter, the renter is entitled to damages and
8267 injunctive relief as determined by the court.
8268 (d) The damages available to the renter include rent improperly retained or collected.
8269 Injunctive relief includes a declaration of the court terminating the rental agreement and an
8270 order for the repayment of any deposit and rent due.
8271 (e) The prevailing party shall be awarded [attorneys'] attorney fees commensurate with
8272 the cost of the action brought.
8273 (4) (a) If the renter is notified that the owner intends to terminate the rental agreement
8274 pursuant to Section 57-22-4 , the renter is entitled to receive the balance of the rent due and the
8275 deposit on the rental unit within ten days of the date the agreement is terminated.
8276 (b) No renter may be required to move sooner than ten days after the date of notice.
8277 Section 123. Section 58-13-4 is amended to read:
8278 58-13-4. Liability immunity for health care providers on committees --
8279 Evaluating and approving medical care.
8280 (1) As used in this section, "health care provider" has the same meaning as in Section
8281 [ 78-14-3 ] 78B-3-403 .
8282 (2) Health care providers serving in the following capacities and the organizations or
8283 entities sponsoring these activities are immune from liability with respect to deliberations,
8284 decisions, or determinations made or information furnished in good faith and without malice:
8285 (a) serving on committees:
8286 (i) established to determine if hospitals and long-term care facilities are being used
8287 properly;
8288 (ii) established to evaluate and improve the quality of health care or determine whether
8289 provided health care was necessary, appropriate, properly performed, or provided at a

8290 reasonable cost;
8291 (iii) functioning under Pub. L. No. 89-97 or as professional standards review
8292 organizations under Pub. L. No. 92-603;
8293 (iv) that are ethical standards review committees; or
8294 (v) that are similar to committees listed in this Subsection (2) and that are established
8295 by any hospital, professional association, the Utah Medical Association, or one of its
8296 component medical societies to evaluate or review the diagnosis or treatment of, or the
8297 performance of health or hospital services to, patients within this state;
8298 (b) members of licensing boards established under Title 58, Occupations and
8299 Professions, to license and regulate health care providers; and
8300 (c) health care providers or other persons furnishing information to those committees,
8301 as required by law, voluntarily, or upon official request.
8302 (3) This section does not relieve any health care provider from liability incurred in
8303 providing professional care and treatment to any patient.
8304 (4) Health care providers serving on committees or providing information described in
8305 this section are presumed to have acted in good faith and without malice, absent clear and
8306 convincing evidence to the contrary.
8307 Section 124. Section 58-13-5 is amended to read:
8308 58-13-5. Information relating to adequacy and quality of medical care --
8309 Immunity from liability.
8310 (1) As used in this section, "health care provider" has the same meaning as defined in
8311 Section [ 78-14-3 ] 78B-3-403 .
8312 (2) (a) The division, and the boards within the division that act regarding the health
8313 care providers defined in this section, shall adopt rules to establish procedures to obtain
8314 information concerning the quality and adequacy of health care rendered to patients by those
8315 health care providers.
8316 (b) It is the duty of an individual licensed under Title 58, Occupations and Professions,
8317 as a health care provider to furnish information known to him with respect to health care

8318 rendered to patients by any health care provider licensed under Title 58, Occupations and
8319 Professions, as the division or a board may request during the course of the performance of its
8320 duties.
8321 (3) A health care facility as defined in Section 26-21-2 which employs, grants
8322 privileges to, or otherwise permits a licensed health care provider to engage in licensed practice
8323 within the health care facility, and any professional society of licensed health care providers,
8324 shall report any of the following events in writing to the division within sixty days after the
8325 event occurs regarding the licensed health care provider:
8326 (a) terminating employment of an employee for cause related to the employee's practice
8327 as a licensed health care provider;
8328 (b) terminating or restricting privileges for cause to engage in any act or practice
8329 related to practice as a licensed health care provider;
8330 (c) terminating, suspending, or restricting membership or privileges associated with
8331 membership in a professional association for acts of unprofessional, unlawful, incompetent, or
8332 negligent conduct related to practice as a licensed health care provider;
8333 (d) subjecting a licensed health care provider to disciplinary action for a period of more
8334 than 30 days;
8335 (e) a finding that a licensed health care provider has violated professional standards or
8336 ethics;
8337 (f) a finding of incompetence in practice as a licensed health care provider;
8338 (g) a finding of acts of moral turpitude by a licensed health care provider; or
8339 (h) a finding that a licensed health care provider is engaged in abuse of alcohol or
8340 drugs.
8341 (4) This section does not prohibit any action by a health care facility, or professional
8342 society comprised primarily of licensed health care providers to suspend, restrict, or revoke the
8343 employment, privileges, or membership of a health care provider.
8344 (5) The data and information obtained in accordance with this section is classified as a
8345 "protected" record under Title 63, Chapter 2, Government Records Access and Management

8346 Act.
8347 (6) (a) Any person or organization furnishing information in accordance with this
8348 section in response to the request of the division or a board, or voluntarily, is immune from
8349 liability with respect to information provided in good faith and without malice, which good
8350 faith and lack of malice is presumed to exist absent clear and convincing evidence to the
8351 contrary.
8352 (b) The members of the board are immune from liability for any decisions made or
8353 actions taken in response to information acquired by the board if those decisions or actions are
8354 made in good faith and without malice, which good faith and lack of malice is presumed to
8355 exist absent clear and convincing evidence to the contrary.
8356 (7) An individual who is a member of a hospital administration, board, committee,
8357 department, medical staff, or professional organization of health care providers is, and any
8358 hospital, other health care entity, or professional organization conducting or sponsoring the
8359 review, immune from liability arising from participation in a review of a health care provider's
8360 professional ethics, medical competence, moral turpitude, or substance abuse.
8361 (8) This section does not exempt a person licensed under Title 58, Occupations and
8362 Professions, from complying with any reporting requirements established under state or federal
8363 law.
8364 Section 125. Section 58-31b-701 is amended to read:
8365 58-31b-701. Immunity from liability.
8366 A person licensed, registered, or certified under this chapter:
8367 (1) who provides emergency care in accordance with Section [ 78-11-22 ] 78B-4-501 is
8368 entitled to the immunity from civil liability provided under that section; and
8369 (2) is considered a health care provider under Chapter 13, Health Care Providers
8370 Immunity from Liability Act, and is entitled to the immunity from civil liability provided under
8371 that chapter.
8372 Section 126. Section 58-37-6 is amended to read:
8373 58-37-6. License to manufacture, produce, distribute, dispense, administer, or

8374 conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
8375 required -- Prescriptions.
8376 (1) (a) The division may adopt rules relating to the licensing and control of the
8377 manufacture, distribution, production, prescription, administration, dispensing, conducting of
8378 research with, and performing of laboratory analysis upon controlled substances within this
8379 state.
8380 (b) The division may assess reasonable fees to defray the cost of issuing original and
8381 renewal licenses under this chapter pursuant to Section 63-38-3.2 .
8382 (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
8383 administers, conducts research with, or performs laboratory analysis upon any controlled
8384 substance in Schedules II through V within this state, or who proposes to engage in
8385 manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
8386 research with, or performing laboratory analysis upon controlled substances included in
8387 Schedules II through V within this state shall obtain a license issued by the division.
8388 (ii) The division shall issue each license under this chapter in accordance with a
8389 two-year renewal cycle established by rule. The division may by rule extend or shorten a
8390 renewal period by as much as one year to stagger the renewal cycles it administers.
8391 (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
8392 administer, conduct research with, or perform laboratory analysis upon controlled substances in
8393 Schedules II through V within this state may possess, manufacture, produce, distribute,
8394 prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
8395 those substances to the extent authorized by their license and in conformity with this chapter.
8396 (c) The following persons are not required to obtain a license and may lawfully possess
8397 controlled substances under this section:
8398 (i) an agent or employee, except a sales representative, of any registered manufacturer,
8399 distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
8400 usual course of his business or employment; however, nothing in this subsection shall be
8401 interpreted to permit an agent, employee, sales representative, or detail man to maintain an

8402 inventory of controlled substances separate from the location of his employer's registered and
8403 licensed place of business;
8404 (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
8405 warehouseman, who possesses any controlled substance in the usual course of his business or
8406 employment; and
8407 (iii) an ultimate user, or any person who possesses any controlled substance pursuant to
8408 a lawful order of a practitioner.
8409 (d) The division may enact rules waiving the license requirement for certain
8410 manufacturers, producers, distributors, prescribers, dispensers, administrators, research
8411 practitioners, or laboratories performing analysis if consistent with the public health and safety.
8412 (e) A separate license is required at each principal place of business or professional
8413 practice where the applicant manufactures, produces, distributes, dispenses, conducts research
8414 with, or performs laboratory analysis upon controlled substances.
8415 (f) The division may enact rules providing for the inspection of a licensee or applicant's
8416 establishment, and may inspect the establishment according to those rules.
8417 (3) (a) Upon proper application, the division shall license a qualified applicant to
8418 manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
8419 controlled substances included in Schedules I through V, unless it determines that issuance of a
8420 license is inconsistent with the public interest. The division shall not issue a license to any
8421 person to prescribe, dispense, or administer a Schedule I controlled substance. In determining
8422 public interest, the division shall consider whether or not the applicant has:
8423 (i) maintained effective controls against diversion of controlled substances and any
8424 Schedule I or II substance compounded from any controlled substance into other than
8425 legitimate medical, scientific, or industrial channels;
8426 (ii) complied with applicable state and local law;
8427 (iii) been convicted under federal or state laws relating to the manufacture, distribution,
8428 or dispensing of substances;
8429 (iv) past experience in the manufacture of controlled dangerous substances;

8430 (v) established effective controls against diversion; and
8431 (vi) complied with any other factors that the division establishes that promote the
8432 public health and safety.
8433 (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
8434 produce, distribute, conduct research with, or perform laboratory analysis upon controlled
8435 substances in Schedule I other than those specified in the license.
8436 (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
8437 substances in Schedules II through V if they are authorized to administer, dispense, or conduct
8438 research under the laws of this state.
8439 (ii) The division need not require a separate license for practitioners engaging in
8440 research with nonnarcotic controlled substances in Schedules II through V where the licensee is
8441 already licensed under this act in another capacity.
8442 (iii) With respect to research involving narcotic substances in Schedules II through V,
8443 or where the division by rule requires a separate license for research of nonnarcotic substances
8444 in Schedules II through V, a practitioner shall apply to the division prior to conducting
8445 research.
8446 (iv) Licensing for purposes of bona fide research with controlled substances by a
8447 practitioner considered qualified may be denied only on a ground specified in Subsection (4),
8448 or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
8449 adequately his supply of substances against diversion from medical or scientific use.
8450 (v) Practitioners registered under federal law to conduct research in Schedule I
8451 substances may conduct research in Schedule I substances within this state upon furnishing the
8452 division evidence of federal registration.
8453 (d) Compliance by manufacturers, producers, and distributors with the provisions of
8454 federal law respecting registration, excluding fees, entitles them to be licensed under this
8455 chapter.
8456 (e) The division shall initially license those persons who own or operate an
8457 establishment engaged in the manufacture, production, distribution, dispensation, or

8458 administration of controlled substances prior to April 3, 1980, and who are licensed by the
8459 state.
8460 (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed
8461 on probation, or revoked by the division upon finding that the applicant or licensee has:
8462 (i) materially falsified any application filed or required pursuant to this chapter;
8463 (ii) been convicted of an offense under this chapter or any law of the United States, or
8464 any state, relating to any substance defined as a controlled substance;
8465 (iii) been convicted of a felony under any other law of the United States or any state
8466 within five years of the date of the issuance of the license;
8467 (iv) had a federal license denied, suspended, or revoked by competent federal authority
8468 and is no longer authorized to engage in the manufacturing, distribution, or dispensing of
8469 controlled substances;
8470 (v) had his license suspended or revoked by competent authority of another state for
8471 violation of laws or regulations comparable to those of this state relating to the manufacture,
8472 distribution, or dispensing of controlled substances;
8473 (vi) violated any division rule that reflects adversely on the licensee's reliability and
8474 integrity with respect to controlled substances;
8475 (vii) refused inspection of records required to be maintained under this chapter by a
8476 person authorized to inspect them; or
8477 (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
8478 purpose of manipulating human hormonal structure so as to:
8479 (A) increase muscle mass, strength, or weight without medical necessity and without a
8480 written prescription by any practitioner in the course of his professional practice; or
8481 (B) improve performance in any form of human exercise, sport, or game.
8482 (b) The division may limit revocation or suspension of a license to a particular
8483 controlled substance with respect to which grounds for revocation or suspension exist.
8484 (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
8485 this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of

8486 Occupational and Professional Licensing Act, and conducted in conjunction with the
8487 appropriate representative committee designated by the director of the department.
8488 (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
8489 Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
8490 except where the division is designated by law to perform those functions, or, when not
8491 designated by law, is designated by the executive director of the Department of Commerce to
8492 conduct the proceedings.
8493 (d) (i) The division may suspend any license simultaneously with the institution of
8494 proceedings under this section if it finds there is an imminent danger to the public health or
8495 safety.
8496 (ii) Suspension shall continue in effect until the conclusion of proceedings, including
8497 judicial review, unless withdrawn by the division or dissolved by a court of competent
8498 jurisdiction.
8499 (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
8500 substances owned or possessed by the licensee may be placed under seal in the discretion of the
8501 division.
8502 (ii) Disposition may not be made of substances under seal until the time for taking an
8503 appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
8504 orders the sale of perishable substances and the proceeds deposited with the court.
8505 (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
8506 (f) The division shall notify promptly the Drug Enforcement Administration of all
8507 orders suspending or revoking a license and all forfeitures of controlled substances.
8508 (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and
8509 inventories in conformance with the record keeping and inventory requirements of federal and
8510 state law and any additional rules issued by the division.
8511 (b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is
8512 authorized to administer or professionally use a controlled substance shall keep a record of the
8513 drugs received by him and a record of all drugs administered, dispensed, or professionally used

8514 by him otherwise than by a prescription.
8515 (ii) A person using small quantities or solutions or other preparations of those drugs for
8516 local application has complied with this Subsection (5)(b) if he keeps a record of the quantity,
8517 character, and potency of those solutions or preparations purchased or prepared by him, and of
8518 the dates when purchased or prepared.
8519 (6) Controlled substances in Schedules I through V may be distributed only by a
8520 licensee and pursuant to an order form prepared in compliance with division rules or a lawful
8521 order under the rules and regulations of the United States.
8522 (7) (a) A person may not write or authorize a prescription for a controlled substance
8523 unless he is:
8524 (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
8525 or under the laws of another state having similar standards; and
8526 (ii) licensed under this chapter or under the laws of another state having similar
8527 standards.
8528 (b) A person other than a pharmacist licensed under the laws of this state, or his
8529 licensed intern, as required by Sections 58-17b-303 and 58-17b-304 , may not dispense a
8530 controlled substance.
8531 (c) (i) A controlled substance may not be dispensed without the written prescription of
8532 a practitioner, if the written prescription is required by the federal Controlled Substances Act.
8533 (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
8534 conformity with Subsection (7)(d).
8535 (iii) In emergency situations, as defined by division rule, controlled substances may be
8536 dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
8537 designated by the division and filed by the pharmacy.
8538 (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
8539 Subsection (7)(d).
8540 (d) Except for emergency situations designated by the division, a person may not issue,
8541 fill, compound, or dispense a prescription for a controlled substance unless the prescription is

8542 signed by the prescriber in ink or indelible pencil or is signed with an electronic signature of
8543 the prescriber as authorized by division rule, and contains the following information:
8544 (i) the name, address, and registry number of the prescriber;
8545 (ii) the name, address, and age of the person to whom or for whom the prescription is
8546 issued;
8547 (iii) the date of issuance of the prescription; and
8548 (iv) the name, quantity, and specific directions for use by the ultimate user of the
8549 controlled substance.
8550 (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
8551 controlled substance.
8552 (f) Except when administered directly to an ultimate user by a licensed practitioner,
8553 controlled substances are subject to the following restrictions:
8554 (i) (A) A prescription for a Schedule II substance may not be refilled.
8555 (B) A Schedule II controlled substance may not be filled in a quantity to exceed a
8556 one-month's supply, as directed on the daily dosage rate of the prescriptions.
8557 (ii) A Schedule III or IV controlled substance may be filled only within six months of
8558 issuance, and may not be refilled more than six months after the date of its original issuance or
8559 be refilled more than five times after the date of the prescription unless renewed by the
8560 practitioner.
8561 (iii) All other controlled substances in Schedule V may be refilled as the prescriber's
8562 prescription directs, but they may not be refilled one year after the date the prescription was
8563 issued unless renewed by the practitioner.
8564 (iv) Any prescription for a Schedule II substance may not be dispensed if it is not
8565 presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
8566 after the date the prescription was issued, or 30 days after the dispensing date, if that date is
8567 specified separately from the date of issue.
8568 (v) A practitioner may issue more than one prescription at the same time for the same
8569 Schedule II controlled substance, but only under the following conditions:

8570 (A) no more than three prescriptions for the same Schedule II controlled substance may
8571 be issued at the same time;
8572 (B) no one prescription may exceed a 30-day supply;
8573 (C) a second or third prescription shall include the date of issuance and the date for
8574 dispensing; and
8575 (D) unless the practitioner determines there is a valid medical reason to the contrary,
8576 the date for dispensing a second or third prescription may not be fewer than 30 days from the
8577 dispensing date of the previous prescription.
8578 (vi) Each prescription for a controlled substance may contain only one controlled
8579 substance per prescription form and may not contain any other legend drug or prescription
8580 item.
8581 (g) An order for a controlled substance in Schedules II through V for use by an
8582 inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
8583 Subsection (7) if the order is:
8584 (i) issued or made by a prescribing practitioner who holds an unrestricted registration
8585 with the federal Drug Enforcement Administration, and an active Utah controlled substance
8586 license in good standing issued by the division under this section, or a medical resident who is
8587 exempted from licensure under Subsection 58-1-307 (1)(c);
8588 (ii) authorized by the prescribing practitioner treating the patient and the prescribing
8589 practitioner designates the quantity ordered;
8590 (iii) entered upon the record of the patient, the record is signed by the prescriber
8591 affirming his authorization of the order within 48 hours after filling or administering the order,
8592 and the patient's record reflects the quantity actually administered; and
8593 (iv) filled and dispensed by a pharmacist practicing his profession within the physical
8594 structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital
8595 and the amount taken from the supply is administered directly to the patient authorized to
8596 receive it.
8597 (h) A practitioner licensed under this chapter may not prescribe, administer, or

8598 dispense a controlled substance to a child, without first obtaining the consent required in
8599 Section [ 78-14-5 ] 78B-3-406 of a parent, guardian, or person standing in loco parentis of the
8600 child except in cases of an emergency. For purposes of this Subsection (7)(h), "child" has the
8601 same meaning as defined in Section [ 78-3a-103 ] 78A-6-105 , and "emergency" means any
8602 physical condition requiring the administration of a controlled substance for immediate relief
8603 of pain or suffering.
8604 (i) A practitioner licensed under this chapter may not prescribe or administer dosages
8605 of a controlled substance in excess of medically recognized quantities necessary to treat the
8606 ailment, malady, or condition of the ultimate user.
8607 (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
8608 any controlled substance to another person knowing that the other person is using a false name,
8609 address, or other personal information for the purpose of securing the controlled substance.
8610 (k) A person who is licensed under this chapter to manufacture, distribute, or dispense
8611 a controlled substance may not manufacture, distribute, or dispense a controlled substance to
8612 another licensee or any other authorized person not authorized by this license.
8613 (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
8614 symbol required by this chapter or by a rule issued under this chapter.
8615 (m) A person licensed under this chapter may not refuse or fail to make, keep, or
8616 furnish any record notification, order form, statement, invoice, or information required under
8617 this chapter.
8618 (n) A person licensed under this chapter may not refuse entry into any premises for
8619 inspection as authorized by this chapter.
8620 (o) A person licensed under this chapter may not furnish false or fraudulent material
8621 information in any application, report, or other document required to be kept by this chapter or
8622 willfully make any false statement in any prescription, order, report, or record required by this
8623 chapter.
8624 (8) (a) (i) Any person licensed under this chapter who is found by the division to have
8625 violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to a penalty not to

8626 exceed $5,000. The division shall determine the procedure for adjudication of any violations in
8627 accordance with Sections 58-1-106 and 58-1-108 .
8628 (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
8629 General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
8630 (b) Any person who knowingly and intentionally violates Subsections (7)(h) through
8631 (7)(j) is:
8632 (i) upon first conviction, guilty of a class B misdemeanor;
8633 (ii) upon second conviction, guilty of a class A misdemeanor; and
8634 (iii) on third or subsequent conviction, guilty of a third degree felony.
8635 (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
8636 (7)(o) shall upon conviction be guilty of a third degree felony.
8637 (9) Any information communicated to any licensed practitioner in an attempt to
8638 unlawfully procure, or to procure the administration of, a controlled substance is not considered
8639 to be a privileged communication.
8640 Section 127. Section 58-60-114 is amended to read:
8641 58-60-114. Confidentiality -- Exemptions.
8642 (1) A mental health therapist under this chapter may not disclose any confidential
8643 communication with a client or patient without the express consent of:
8644 (a) the client or patient;
8645 (b) the parent or legal guardian of a minor client or patient; or
8646 (c) the authorized agent of a client or patient.
8647 (2) A mental health therapist under this chapter is not subject to Subsection (1) if:
8648 (a) he is permitted or required by state or federal law, rule, regulation, or order to report
8649 or disclose any confidential communication, including:
8650 (i) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
8651 Requirements;
8652 (ii) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of
8653 Disabled Adult;

8654 (iii) reporting under Title [78] 78B, Chapter [14a] 3, Part 5, Limitation of Therapist's
8655 Duty to Warn;
8656 (iv) reporting of a communicable disease as required under Section 26-6-6 ;
8657 (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
8658 under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
8659 (c) the disclosure is made under a generally recognized professional or ethical standard
8660 that authorizes or requires the disclosure.
8661 Section 128. Section 58-60-509 is amended to read:
8662 58-60-509. Confidentiality -- Exemptions.
8663 (1) A licensee under this part may not disclose any confidential communication with a
8664 client or patient without the express consent of:
8665 (a) the client or patient;
8666 (b) the parent or legal guardian of a minor client or patient; or
8667 (c) the authorized agent of a client or patient.
8668 (2) A licensee under this part is not subject to Subsection (1) if:
8669 (a) he is permitted or required by state or federal law, rule, regulation, or order to report
8670 or disclose any confidential communication, including:
8671 (i) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
8672 Requirements;
8673 (ii) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of
8674 Vulnerable Adults;
8675 (iii) reporting under Title [78] 78B, Chapter [14a] 3, Part 5, Limitation of Therapist's
8676 Duty to Warn; and
8677 (iv) reporting of a communicable disease as required under Section 26-6-6 ;
8678 (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
8679 under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
8680 (c) the disclosure is made under a generally recognized professional or ethical standard
8681 that authorizes or requires the disclosure.

8682 Section 129. Section 58-61-602 is amended to read:
8683 58-61-602. Confidentiality -- Exemptions.
8684 (1) A psychologist under this chapter may not disclose any confidential communication
8685 with a client or patient without the express consent of:
8686 (a) the client or patient;
8687 (b) the parent or legal guardian of a minor client or patient; or
8688 (c) the authorized agent of a client or patient.
8689 (2) A psychologist under this chapter is not subject to Subsection (1) if:
8690 (a) he is permitted or required by state or federal law, rule, regulation, or order to report
8691 or disclose any confidential communication, including:
8692 (i) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
8693 Requirements;
8694 (ii) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of
8695 Disabled Adult;
8696 (iii) reporting under Title [78] 78B, Chapter [14a] 3, Part 5, Limitation of Therapist's
8697 Duty to Warn;
8698 (iv) reporting of a communicable disease as required under Section 26-6-6 ;
8699 (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
8700 under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
8701 (c) the disclosure is made under a generally recognized professional or ethical standard
8702 that authorizes or requires the disclosure.
8703 Section 130. Section 58-74-401 is amended to read:
8704 58-74-401. Grounds for denial of license -- Disciplinary proceedings.
8705 Grounds for refusing to issue a license to an applicant, for refusing to renew the license
8706 of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
8707 licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
8708 desist order shall be in accordance with Sections 58-1-401 and [ 78-56-104 ] 78A-2-404 .
8709 Section 131. Section 58-74-502 is amended to read:

8710 58-74-502. Unprofessional conduct.
8711 "Unprofessional conduct" includes:
8712 (1) conduct unbecoming a person licensed as a certified court reporter or which is
8713 detrimental to the interests of the public;
8714 (2) willful or negligent betrayal or disclosure of confidential information about which
8715 the licensee becomes knowledgeable as a result of or incidental to his practice as a licensee;
8716 (3) false or deceptive representation of a licensee's skills, competence, capability, or
8717 resources as a certified court reporter;
8718 (4) offering, undertaking, or agreeing to undertake an assignment as a certified court
8719 reporter for which the licensee is not qualified, for which the licensee cannot complete the
8720 assignment in a timely manner, or for which the licensee does not have the resources to
8721 complete the assignment as agreed in a professional manner;
8722 (5) the use of any chemical, drug, or alcohol in any unlawful manner or in any manner
8723 which negatively affects the ability of the licensee to competently practice as a certified court
8724 reporter;
8725 (6) willfully and intentionally making any false or fraudulent record in the performance
8726 of his duties as a certified court reporter;
8727 (7) any conduct contrary to the recognized standards and ethics of the profession of a
8728 certified court reporter;
8729 (8) gross incompetence in practice as a certified court reporter;
8730 (9) violation of any provision of this chapter, Section [ 78-56-104 ] 78A-2-404 , or rules
8731 promulgated to regulate the practice of court reporters;
8732 (10) conviction of a felony or any other crime which is considered by the board to
8733 represent activity detrimental to the public interest as that interest is reflected in the licensee
8734 continuing to practice as a certified court reporter; or
8735 (11) attesting to or "signing off" on the transcript of any recorded proceeding unless
8736 that proceeding was recorded by that person while physically present at the proceeding or was
8737 personally transcribed by that person from an electronically recorded process.

8738 Section 132. Section 59-1-403 is amended to read:
8739 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
8740 (1) (a) Any of the following may not divulge or make known in any manner any
8741 information gained by that person from any return filed with the commission:
8742 (i) a tax commissioner;
8743 (ii) an agent, clerk, or other officer or employee of the commission; or
8744 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
8745 town.
8746 (b) An official charged with the custody of a return filed with the commission is not
8747 required to produce the return or evidence of anything contained in the return in any action or
8748 proceeding in any court, except:
8749 (i) in accordance with judicial order;
8750 (ii) on behalf of the commission in any action or proceeding under:
8751 (A) this title; or
8752 (B) other law under which persons are required to file returns with the commission;
8753 (iii) on behalf of the commission in any action or proceeding to which the commission
8754 is a party; or
8755 (iv) on behalf of any party to any action or proceeding under this title if the report or
8756 facts shown by the return are directly involved in the action or proceeding.
8757 (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
8758 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
8759 pertinent to the action or proceeding.
8760 (2) This section does not prohibit:
8761 (a) a person or that person's duly authorized representative from receiving a copy of
8762 any return or report filed in connection with that person's own tax;
8763 (b) the publication of statistics as long as the statistics are classified to prevent the
8764 identification of particular reports or returns; and
8765 (c) the inspection by the attorney general or other legal representative of the state of the

8766 report or return of any taxpayer:
8767 (i) who brings action to set aside or review a tax based on the report or return;
8768 (ii) against whom an action or proceeding is contemplated or has been instituted under
8769 this title; or
8770 (iii) against whom the state has an unsatisfied money judgment.
8771 (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
8772 commission may by rule, made in accordance with Title 63, Chapter 46a, Utah Administrative
8773 Rulemaking Act, provide for a reciprocal exchange of information with:
8774 (i) the United States Internal Revenue Service; or
8775 (ii) the revenue service of any other state.
8776 (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
8777 corporate franchise tax, the commission may by rule, made in accordance with Title 63,
8778 Chapter 46a, Utah Administrative Rulemaking Act, share information gathered from returns
8779 and other written statements with the federal government, any other state, any of the political
8780 subdivisions of another state, or any political subdivision of this state, except as limited by
8781 Sections 59-12-209 and 59-12-210 , if the political subdivision, other state, or the federal
8782 government grant substantially similar privileges to this state.
8783 (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
8784 corporate franchise tax, the commission may by rule, in accordance with Title 63, Chapter 46a,
8785 Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
8786 identity and other information of taxpayers who have failed to file tax returns or to pay any tax
8787 due.
8788 (d) Notwithstanding Subsection (1), the commission shall provide to the Solid and
8789 Hazardous Waste Control Board executive secretary, as defined in Section 19-6-102 , as
8790 requested by the executive secretary, any records, returns, or other information filed with the
8791 commission under Chapter 13, Motor and Special Fuel Tax Act, or Section 19-6-410.5
8792 regarding the environmental assurance program participation fee.
8793 (e) Notwithstanding Subsection (1), at the request of any person the commission shall

8794 provide that person sales and purchase volume data reported to the commission on a report,
8795 return, or other information filed with the commission under:
8796 (i) Chapter 13, Part 2, Motor Fuel; or
8797 (ii) Chapter 13, Part 4, Aviation Fuel.
8798 (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
8799 as defined in Section 59-22-202 , the commission shall report to the manufacturer:
8800 (i) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
8801 manufacturer and reported to the commission for the previous calendar year under Section
8802 59-14-407 ; and
8803 (ii) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
8804 manufacturer for which a tax refund was granted during the previous calendar year under
8805 Section 59-14-401 and reported to the commission under Subsection 59-14-401 (1)(a)(v).
8806 (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
8807 distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
8808 from selling cigarettes to consumers within the state under Subsection 59-14-210 (2).
8809 (h) Notwithstanding Subsection (1), the commission may:
8810 (i) provide to the Division of Consumer Protection within the Department of
8811 Commerce and the attorney general data:
8812 (A) reported to the commission under Section 59-14-212 ; or
8813 (B) related to a violation under Section 59-14-211 ; and
8814 (ii) upon request provide to any person data reported to the commission under
8815 Subsections 59-14-212 (1)(a) through (c) and Subsection 59-14-212 (1)(g).
8816 (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
8817 of the Legislature, Office of the Legislative Fiscal Analyst, or Governor's Office of Planning
8818 and Budget, provide to the committee or office the total amount of revenues collected by the
8819 commission under Chapter 24, Radioactive Waste Facility Tax Act, for the time period
8820 specified by the committee or office.
8821 (j) Notwithstanding Subsection (1), the commission shall at the request of the

8822 Legislature provide to the Legislature the total amount of sales or uses exempt under
8823 Subsection 59-12-104 (46) reported to the commission in accordance with Section 59-12-105 .
8824 (k) Notwithstanding Subsection (1), the commission shall make the directory required
8825 by Section 59-14-603 available for public inspection.
8826 (l) Notwithstanding Subsection (1), the commission may share information with
8827 federal, state, or local agencies as provided in Subsection 59-14-606 (3).
8828 (m) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
8829 Recovery Services within the Department of Human Services any relevant information
8830 obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
8831 who has become obligated to the Office of Recovery Services.
8832 (ii) The information described in Subsection (3)(m)(i) may be provided by the Office
8833 of Recovery Services to any other state's child support collection agency involved in enforcing
8834 that support obligation.
8835 (n) (i) Notwithstanding Subsection (1), upon request from the state court administrator,
8836 the commission shall provide to the state court administrator, the name, address, telephone
8837 number, county of residence, and Social Security number on resident returns filed under
8838 Chapter 10, Individual Income Tax Act.
8839 (ii) The state court administrator may use the information described in Subsection
8840 (3)(n)(i) only as a source list for the master jury list described in Section [ 78-46-10 ] 78B-1-106 .
8841 (o) Notwithstanding Subsection (1), the commission shall at the request of a
8842 committee, commission, or task force of the Legislature provide to the committee, commission,
8843 or task force of the Legislature any information relating to a tax imposed under Chapter 9,
8844 Taxation of Admitted Insurers, relating to the study required by Section 59-9-101 .
8845 (p) (i) As used in this Subsection (3)(p), "office" means the:
8846 (A) Office of the Legislative Fiscal Analyst; or
8847 (B) Office of Legislative Research and General Counsel.
8848 (ii) Notwithstanding Subsection (1) and except as provided in Subsection (3)(p)(iii),
8849 the commission shall at the request of an office provide to the office all information:

8850 (A) gained by the commission; and
8851 (B) required to be attached to or included in returns filed with the commission.
8852 (iii) (A) An office may not request and the commission may not provide to an office a
8853 person's:
8854 (I) address;
8855 (II) name;
8856 (III) Social Security number; or
8857 (IV) taxpayer identification number.
8858 (B) The commission shall in all instances protect the privacy of a person as required by
8859 Subsection (3)(p)(iii)(A).
8860 (iv) An office may provide information received from the commission in accordance
8861 with this Subsection (3)(p) only:
8862 (A) as:
8863 (I) a fiscal estimate;
8864 (II) fiscal note information; or
8865 (III) statistical information; and
8866 (B) if the information is classified to prevent the identification of a particular return.
8867 (v) (A) A person may not request information from an office under Title 63, Chapter 2,
8868 Government Records Access and Management Act, or this section, if that office received the
8869 information from the commission in accordance with this Subsection (3)(p).
8870 (B) An office may not provide to a person that requests information in accordance with
8871 Subsection (3)(p)(v)(A) any information other than the information the office provides in
8872 accordance with Subsection (3)(p)(iv).
8873 (4) (a) Reports and returns shall be preserved for at least three years.
8874 (b) After the three-year period provided in Subsection (4)(a) the commission may
8875 destroy a report or return.
8876 (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
8877 (b) If the person described in Subsection (5)(a) is an officer or employee of the state,

8878 the person shall be dismissed from office and be disqualified from holding public office in this
8879 state for a period of five years thereafter.
8880 (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in
8881 accordance with Subsection (3)(p)(iii) or a person that requests information in accordance with
8882 Subsection (3)(p)(v):
8883 (i) is not guilty of a class A misdemeanor; and
8884 (ii) is not subject to:
8885 (A) dismissal from office in accordance with Subsection (5)(b); or
8886 (B) disqualification from holding public office in accordance with Subsection (5)(b).
8887 (6) Except as provided in Section 59-1-404 , this part does not apply to the property tax.
8888 Section 133. Section 59-12-102 is amended to read:
8889 59-12-102. Definitions.
8890 As used in this chapter:
8891 (1) (a) "Admission or user fees" includes season passes.
8892 (b) "Admission or user fees" does not include annual membership dues to private
8893 organizations.
8894 (2) "Agreement" means the Streamlined Sales and Use Tax Agreement described in
8895 Section 59-12-102.1 .
8896 (3) "Agreement combined tax rate" means the sum of the tax rates:
8897 (a) listed under Subsection (4); and
8898 (b) that are imposed within a local taxing jurisdiction.
8899 (4) "Agreement sales and use tax" means a tax imposed under:
8900 (a) Subsection 59-12-103 (2)(a)(i);
8901 (b) Subsection 59-12-103 (2)(b)(i);
8902 (c) Subsection 59-12-103 (2)(c)(i);
8903 (d) Subsection 59-12-103 (2)(d)(i);
8904 (e) Subsection 59-12-103 (2)(e)(ii)(A);
8905 (f) Subsection 59-12-103 (2)(e)(iii)(A);

8906 (g) Section 59-12-204 ;
8907 (h) Section 59-12-401 ;
8908 (i) Section 59-12-402 ;
8909 (j) Section 59-12-501 ;
8910 (k) Section 59-12-502 ;
8911 (l) Section 59-12-703 ;
8912 (m) Section 59-12-802 ;
8913 (n) Section 59-12-804 ;
8914 (o) Section 59-12-1001 ;
8915 (p) Section 59-12-1102 ;
8916 (q) Section 59-12-1302 ;
8917 (r) Section 59-12-1402 ;
8918 (s) Section 59-12-1503 ; or
8919 (t) Section 59-12-1703 .
8920 (5) "Aircraft" is as defined in Section 72-10-102 .
8921 (6) "Alcoholic beverage" means a beverage that:
8922 (a) is suitable for human consumption; and
8923 (b) contains .5% or more alcohol by volume.
8924 (7) "Area agency on aging" is as defined in Section 62A-3-101 .
8925 (8) "Assisted amusement device" means an amusement device, skill device, or ride
8926 device that is started and stopped by an individual:
8927 (a) who is not the purchaser or renter of the right to use or operate the amusement
8928 device, skill device, or ride device; and
8929 (b) at the direction of the seller of the right to use the amusement device, skill device,
8930 or ride device.
8931 (9) "Assisted cleaning or washing of tangible personal property" means cleaning or
8932 washing of tangible personal property if the cleaning or washing labor is primarily performed
8933 by an individual:

8934 (a) who is not the purchaser of the cleaning or washing of the tangible personal
8935 property; and
8936 (b) at the direction of the seller of the cleaning or washing of the tangible personal
8937 property.
8938 (10) "Authorized carrier" means:
8939 (a) in the case of vehicles operated over public highways, the holder of credentials
8940 indicating that the vehicle is or will be operated pursuant to both the International Registration
8941 Plan and the International Fuel Tax Agreement;
8942 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
8943 certificate or air carrier's operating certificate; or
8944 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
8945 stock, the holder of a certificate issued by the United States Surface Transportation Board.
8946 (11) (a) Except as provided in Subsection (11)(b), "biomass energy" means any of the
8947 following that is used as the primary source of energy to produce fuel or electricity:
8948 (i) material from a plant or tree; or
8949 (ii) other organic matter that is available on a renewable basis, including:
8950 (A) slash and brush from forests and woodlands;
8951 (B) animal waste;
8952 (C) methane produced:
8953 (I) at landfills; or
8954 (II) as a byproduct of the treatment of wastewater residuals;
8955 (D) aquatic plants; and
8956 (E) agricultural products.
8957 (b) "Biomass energy" does not include:
8958 (i) black liquor;
8959 (ii) treated woods; or
8960 (iii) biomass from municipal solid waste other than methane produced:
8961 (A) at landfills; or

8962 (B) as a byproduct of the treatment of wastewater residuals.
8963 (12) (a) "Bundled transaction" means the sale of two or more items of tangible personal
8964 property if:
8965 (i) one or more of the items of tangible personal property is food and food ingredients;
8966 and
8967 (ii) the items of tangible personal property are:
8968 (A) distinct and identifiable; and
8969 (B) sold for one price that is not itemized.
8970 (b) "Bundled transaction" does not include the sale of tangible personal property if the
8971 sales price varies, or is negotiable, on the basis of the selection by the purchaser of the items of
8972 tangible personal property included in the transaction.
8973 (c) For purposes of Subsection (12)(a)(ii)(A), tangible personal property that is distinct
8974 and identifiable does not include:
8975 (i) packaging that:
8976 (A) accompanies the sale of the tangible personal property; and
8977 (B) is incidental or immaterial to the sale of the tangible personal property;
8978 (ii) tangible personal property provided free of charge with the purchase of another
8979 item of tangible personal property; or
8980 (iii) an item of tangible personal property included in the definition of "purchase
8981 price."
8982 (d) For purposes of Subsection (12)(c)(ii), an item of tangible personal property is
8983 provided free of charge with the purchase of another item of tangible personal property if the
8984 sales price of the purchased item of tangible personal property does not vary depending on the
8985 inclusion of the tangible personal property provided free of charge.
8986 (13) "Certified automated system" means software certified by the governing board of
8987 the agreement in accordance with Section 59-12-102.1 that:
8988 (a) calculates the agreement sales and use tax imposed within a local taxing
8989 jurisdiction:

8990 (i) on a transaction; and
8991 (ii) in the states that are members of the agreement;
8992 (b) determines the amount of agreement sales and use tax to remit to a state that is a
8993 member of the agreement; and
8994 (c) maintains a record of the transaction described in Subsection (13)(a)(i).
8995 (14) "Certified service provider" means an agent certified:
8996 (a) by the governing board of the agreement in accordance with Section 59-12-102.1 ;
8997 and
8998 (b) to perform all of a seller's sales and use tax functions for an agreement sales and
8999 use tax other than the seller's obligation under Section 59-12-107.4 to remit a tax on the seller's
9000 own purchases.
9001 (15) (a) Subject to Subsection (15)(b), "clothing" means all human wearing apparel
9002 suitable for general use.
9003 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9004 commission shall make rules:
9005 (i) listing the items that constitute "clothing"; and
9006 (ii) that are consistent with the list of items that constitute "clothing" under the
9007 agreement.
9008 (16) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
9009 (17) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
9010 fuels that does not constitute industrial use under Subsection (42) or residential use under
9011 Subsection (80).
9012 (18) (a) "Common carrier" means a person engaged in or transacting the business of
9013 transporting passengers, freight, merchandise, or other property for hire within this state.
9014 (b) (i) "Common carrier" does not include a person who, at the time the person is
9015 traveling to or from that person's place of employment, transports a passenger to or from the
9016 passenger's place of employment.
9017 (ii) For purposes of Subsection (18)(b)(i), in accordance with Title 63, Chapter 46a,

9018 Utah Administrative Rulemaking Act, the commission may make rules defining what
9019 constitutes a person's place of employment.
9020 (19) "Component part" includes:
9021 (a) poultry, dairy, and other livestock feed, and their components;
9022 (b) baling ties and twine used in the baling of hay and straw;
9023 (c) fuel used for providing temperature control of orchards and commercial
9024 greenhouses doing a majority of their business in wholesale sales, and for providing power for
9025 off-highway type farm machinery; and
9026 (d) feed, seeds, and seedlings.
9027 (20) "Computer" means an electronic device that accepts information:
9028 (a) (i) in digital form; or
9029 (ii) in a form similar to digital form; and
9030 (b) manipulates that information for a result based on a sequence of instructions.
9031 (21) "Computer software" means a set of coded instructions designed to cause:
9032 (a) a computer to perform a task; or
9033 (b) automatic data processing equipment to perform a task.
9034 (22) "Construction materials" means any tangible personal property that will be
9035 converted into real property.
9036 (23) "Delivered electronically" means delivered to a purchaser by means other than
9037 tangible storage media.
9038 (24) (a) "Delivery charge" means a charge:
9039 (i) by a seller of:
9040 (A) tangible personal property; or
9041 (B) services; and
9042 (ii) for preparation and delivery of the tangible personal property or services described
9043 in Subsection (24)(a)(i) to a location designated by the purchaser.
9044 (b) "Delivery charge" includes a charge for the following:
9045 (i) transportation;

9046 (ii) shipping;
9047 (iii) postage;
9048 (iv) handling;
9049 (v) crating; or
9050 (vi) packing.
9051 (25) (a) "Dental prosthesis" means the following if fabricated in a laboratory:
9052 (i) a bridge;
9053 (ii) a crown if that crown covers at least 75% of a tooth structure;
9054 (iii) a denture;
9055 (iv) an implant;
9056 (v) an orthodontic device designed to:
9057 (A) retain the position or spacing of teeth; and
9058 (B) replace a missing tooth;
9059 (vi) a partial denture; or
9060 (vii) a device similar to Subsections (25)(a)(i) through (vi).
9061 (b) "Dental prosthesis" does not include an appliance or device, other than a device
9062 described in Subsection (25)(a), if that appliance or device is used in orthodontic therapy to
9063 apply force to the teeth and their supporting structures to:
9064 (i) produce changes in their relationship to each other; and
9065 (ii) control their growth and development.
9066 (26) "Dietary supplement" means a product, other than tobacco, that:
9067 (a) is intended to supplement the diet;
9068 (b) contains one or more of the following dietary ingredients:
9069 (i) a vitamin;
9070 (ii) a mineral;
9071 (iii) an herb or other botanical;
9072 (iv) an amino acid;
9073 (v) a dietary substance for use by humans to supplement the diet by increasing the total

9074 dietary intake; or
9075 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
9076 described in Subsections (26)(b)(i) through (v);
9077 (c) (i) except as provided in Subsection (26)(c)(ii), is intended for ingestion in:
9078 (A) tablet form;
9079 (B) capsule form;
9080 (C) powder form;
9081 (D) softgel form;
9082 (E) gelcap form; or
9083 (F) liquid form; or
9084 (ii) notwithstanding Subsection (26)(c)(i), if the product is not intended for ingestion in
9085 a form described in Subsections (26)(c)(i)(A) through (F), is not represented:
9086 (A) as conventional food; and
9087 (B) for use as a sole item of:
9088 (I) a meal; or
9089 (II) the diet; and
9090 (d) is required to be labeled as a dietary supplement:
9091 (i) identifiable by the "Supplemental Facts" box found on the label; and
9092 (ii) as required by 21 C.F.R. Sec. 101.36.
9093 (27) (a) "Direct mail" means printed material delivered or distributed by United States
9094 mail or other delivery service:
9095 (i) to:
9096 (A) a mass audience; or
9097 (B) addressees on a mailing list provided by a purchaser of the mailing list; and
9098 (ii) if the cost of the printed material is not billed directly to the recipients.
9099 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
9100 purchaser to a seller of direct mail for inclusion in a package containing the printed material.
9101 (c) "Direct mail" does not include multiple items of printed material delivered to a

9102 single address.
9103 (28) (a) "Disposable home medical equipment or supplies" means medical equipment
9104 or supplies that:
9105 (i) cannot withstand repeated use; and
9106 (ii) are purchased by, for, or on behalf of a person other than:
9107 (A) a health care facility as defined in Section 26-21-2 ;
9108 (B) a health care provider as defined in Section [ 78-14-3 ] 78B-3-403 ;
9109 (C) an office of a health care provider described in Subsection (28)(a)(ii)(B); or
9110 (D) a person similar to a person described in Subsections (28)(a)(ii)(A) through (C).
9111 (b) "Disposable home medical equipment or supplies" does not include:
9112 (i) a drug;
9113 (ii) durable medical equipment;
9114 (iii) a hearing aid;
9115 (iv) a hearing aid accessory;
9116 (v) mobility enhancing equipment; or
9117 (vi) tangible personal property used to correct impaired vision, including:
9118 (A) eyeglasses; or
9119 (B) contact lenses.
9120 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9121 commission may by rule define what constitutes medical equipment or supplies.
9122 (29) (a) "Drug" means a compound, substance, or preparation, or a component of a
9123 compound, substance, or preparation that is:
9124 (i) recognized in:
9125 (A) the official United States Pharmacopoeia;
9126 (B) the official Homeopathic Pharmacopoeia of the United States;
9127 (C) the official National Formulary; or
9128 (D) a supplement to a publication listed in Subsections (29)(a)(i)(A) through (C);
9129 (ii) intended for use in the:

9130 (A) diagnosis of disease;
9131 (B) cure of disease;
9132 (C) mitigation of disease;
9133 (D) treatment of disease; or
9134 (E) prevention of disease; or
9135 (iii) intended to affect:
9136 (A) the structure of the body; or
9137 (B) any function of the body.
9138 (b) "Drug" does not include:
9139 (i) food and food ingredients;
9140 (ii) a dietary supplement;
9141 (iii) an alcoholic beverage; or
9142 (iv) a prosthetic device.
9143 (30) (a) Except as provided in Subsection (30)(c), "durable medical equipment" means
9144 equipment that:
9145 (i) can withstand repeated use;
9146 (ii) is primarily and customarily used to serve a medical purpose;
9147 (iii) generally is not useful to a person in the absence of illness or injury; and
9148 (iv) is not worn in or on the body.
9149 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
9150 equipment described in Subsection (30)(a).
9151 (c) Notwithstanding Subsection (30)(a), "durable medical equipment" does not include
9152 mobility enhancing equipment.
9153 (31) "Electronic" means:
9154 (a) relating to technology; and
9155 (b) having:
9156 (i) electrical capabilities;
9157 (ii) digital capabilities;

9158 (iii) magnetic capabilities;
9159 (iv) wireless capabilities;
9160 (v) optical capabilities;
9161 (vi) electromagnetic capabilities; or
9162 (vii) capabilities similar to Subsections (31)(b)(i) through (vi).
9163 (32) "Employee" is as defined in Section 59-10-401 .
9164 (33) "Fixed guideway" means a public transit facility that uses and occupies:
9165 (a) rail for the use of public transit; or
9166 (b) a separate right-of-way for the use of public transit.
9167 (34) (a) "Food and food ingredients" means substances:
9168 (i) regardless of whether the substances are in:
9169 (A) liquid form;
9170 (B) concentrated form;
9171 (C) solid form;
9172 (D) frozen form;
9173 (E) dried form; or
9174 (F) dehydrated form; and
9175 (ii) that are:
9176 (A) sold for:
9177 (I) ingestion by humans; or
9178 (II) chewing by humans; and
9179 (B) consumed for the substance's:
9180 (I) taste; or
9181 (II) nutritional value.
9182 (b) "Food and food ingredients" includes an item described in Subsection (66)(b)(iii).
9183 (c) "Food and food ingredients" does not include:
9184 (i) an alcoholic beverage;
9185 (ii) tobacco; or

9186 (iii) prepared food.
9187 (35) (a) "Fundraising sales" means sales:
9188 (i) (A) made by a school; or
9189 (B) made by a school student;
9190 (ii) that are for the purpose of raising funds for the school to purchase equipment,
9191 materials, or provide transportation; and
9192 (iii) that are part of an officially sanctioned school activity.
9193 (b) For purposes of Subsection (35)(a)(iii), "officially sanctioned school activity"
9194 means a school activity:
9195 (i) that is conducted in accordance with a formal policy adopted by the school or school
9196 district governing the authorization and supervision of fundraising activities;
9197 (ii) that does not directly or indirectly compensate an individual teacher or other
9198 educational personnel by direct payment, commissions, or payment in kind; and
9199 (iii) the net or gross revenues from which are deposited in a dedicated account
9200 controlled by the school or school district.
9201 (36) "Geothermal energy" means energy contained in heat that continuously flows
9202 outward from the earth that is used as the sole source of energy to produce electricity.
9203 (37) "Governing board of the agreement" means the governing board of the agreement
9204 that is:
9205 (a) authorized to administer the agreement; and
9206 (b) established in accordance with the agreement.
9207 (38) (a) For purposes of Subsection 59-12-104 (41), "governmental entity" means:
9208 (i) the executive branch of the state, including all departments, institutions, boards,
9209 divisions, bureaus, offices, commissions, and committees;
9210 (ii) the judicial branch of the state, including the courts, the Judicial Council, the
9211 Office of the Court Administrator, and similar administrative units in the judicial branch;
9212 (iii) the legislative branch of the state, including the House of Representatives, the
9213 Senate, the Legislative Printing Office, the Office of Legislative Research and General

9214 Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
9215 Analyst;
9216 (iv) the National Guard;
9217 (v) an independent entity as defined in Section 63E-1-102 ; or
9218 (vi) a political subdivision as defined in Section 17B-1-102 .
9219 (b) "Governmental entity" does not include the state systems of public and higher
9220 education, including:
9221 (i) a college campus of the Utah College of Applied Technology;
9222 (ii) a school;
9223 (iii) the State Board of Education;
9224 (iv) the State Board of Regents; or
9225 (v) a state institution of higher education as defined in Section 53B-3-102 .
9226 (39) (a) "Hearing aid" means:
9227 (i) an instrument or device having an electronic component that is designed to:
9228 (A) (I) improve impaired human hearing; or
9229 (II) correct impaired human hearing; and
9230 (B) (I) be worn in the human ear; or
9231 (II) affixed behind the human ear;
9232 (ii) an instrument or device that is surgically implanted into the cochlea; or
9233 (iii) a telephone amplifying device.
9234 (b) "Hearing aid" does not include:
9235 (i) except as provided in Subsection (39)(a)(i)(B) or (39)(a)(ii), an instrument or device
9236 having an electronic component that is designed to be worn on the body;
9237 (ii) except as provided in Subsection (39)(a)(iii), an assistive listening device or system
9238 designed to be used by one individual, including:
9239 (A) a personal amplifying system;
9240 (B) a personal FM system;
9241 (C) a television listening system; or

9242 (D) a device or system similar to a device or system described in Subsections
9243 (39)(b)(ii)(A) through (C); or
9244 (iii) an assistive listening device or system designed to be used by more than one
9245 individual, including:
9246 (A) a device or system installed in:
9247 (I) an auditorium;
9248 (II) a church;
9249 (III) a conference room;
9250 (IV) a synagogue; or
9251 (V) a theater; or
9252 (B) a device or system similar to a device or system described in Subsections
9253 (39)(b)(iii)(A)(I) through (V).
9254 (40) (a) "Hearing aid accessory" means a hearing aid:
9255 (i) component;
9256 (ii) attachment; or
9257 (iii) accessory.
9258 (b) "Hearing aid accessory" includes:
9259 (i) a hearing aid neck loop;
9260 (ii) a hearing aid cord;
9261 (iii) a hearing aid ear mold;
9262 (iv) hearing aid tubing;
9263 (v) a hearing aid ear hook; or
9264 (vi) a hearing aid remote control.
9265 (c) "Hearing aid accessory" does not include:
9266 (i) a component, attachment, or accessory designed to be used only with an:
9267 (A) instrument or device described in Subsection (39)(b)(i); or
9268 (B) assistive listening device or system described in Subsection (39)(b)(ii) or (iii); or
9269 (ii) a hearing aid battery.

9270 (41) "Hydroelectric energy" means water used as the sole source of energy to produce
9271 electricity.
9272 (42) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
9273 other fuels:
9274 (a) in mining or extraction of minerals;
9275 (b) in agricultural operations to produce an agricultural product up to the time of
9276 harvest or placing the agricultural product into a storage facility, including:
9277 (i) commercial greenhouses;
9278 (ii) irrigation pumps;
9279 (iii) farm machinery;
9280 (iv) implements of husbandry as defined in Subsection 41-1a-102 (23) that are not
9281 registered under Title 41, Chapter 1a, Part 2, Registration; and
9282 (v) other farming activities;
9283 (c) in manufacturing tangible personal property at an establishment described in SIC
9284 Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal
9285 Executive Office of the President, Office of Management and Budget;
9286 (d) by a scrap recycler if:
9287 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
9288 one or more of the following items into prepared grades of processed materials for use in new
9289 products:
9290 (A) iron;
9291 (B) steel;
9292 (C) nonferrous metal;
9293 (D) paper;
9294 (E) glass;
9295 (F) plastic;
9296 (G) textile; or
9297 (H) rubber; and

9298 (ii) the new products under Subsection (42)(d)(i) would otherwise be made with
9299 nonrecycled materials; or
9300 (e) in producing a form of energy or steam described in Subsection 54-2-1 (2)(a) by a
9301 cogeneration facility as defined in Section 54-2-1 .
9302 (43) (a) Except as provided in Subsection (43)(b), "installation charge" means a charge
9303 for installing tangible personal property.
9304 (b) Notwithstanding Subsection (43)(a), "installation charge" does not include a charge
9305 for repairs or renovations of tangible personal property.
9306 (44) (a) "Lease" or "rental" means a transfer of possession or control of tangible
9307 personal property for:
9308 (i) (A) a fixed term; or
9309 (B) an indeterminate term; and
9310 (ii) consideration.
9311 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
9312 amount of consideration may be increased or decreased by reference to the amount realized
9313 upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
9314 Code.
9315 (c) "Lease" or "rental" does not include:
9316 (i) a transfer of possession or control of property under a security agreement or
9317 deferred payment plan that requires the transfer of title upon completion of the required
9318 payments;
9319 (ii) a transfer of possession or control of property under an agreement that requires the
9320 transfer of title:
9321 (A) upon completion of required payments; and
9322 (B) if the payment of an option price does not exceed the greater of:
9323 (I) $100; or
9324 (II) 1% of the total required payments; or
9325 (iii) providing tangible personal property along with an operator for a fixed period of

9326 time or an indeterminate period of time if the operator is necessary for equipment to perform as
9327 designed.
9328 (d) For purposes of Subsection (44)(c)(iii), an operator is necessary for equipment to
9329 perform as designed if the operator's duties exceed the:
9330 (i) set-up of tangible personal property;
9331 (ii) maintenance of tangible personal property; or
9332 (iii) inspection of tangible personal property.
9333 (45) "Load and leave" means delivery to a purchaser by use of a tangible storage media
9334 if the tangible storage media is not physically transferred to the purchaser.
9335 (46) "Local taxing jurisdiction" means a:
9336 (a) county that is authorized to impose an agreement sales and use tax;
9337 (b) city that is authorized to impose an agreement sales and use tax; or
9338 (c) town that is authorized to impose an agreement sales and use tax.
9339 (47) "Manufactured home" is as defined in Section 58-56-3 .
9340 (48) For purposes of Section 59-12-104 , "manufacturing facility" means:
9341 (a) an establishment described in SIC Codes 2000 to 3999 of the 1987 Standard
9342 Industrial Classification Manual of the federal Executive Office of the President, Office of
9343 Management and Budget;
9344 (b) a scrap recycler if:
9345 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
9346 one or more of the following items into prepared grades of processed materials for use in new
9347 products:
9348 (A) iron;
9349 (B) steel;
9350 (C) nonferrous metal;
9351 (D) paper;
9352 (E) glass;
9353 (F) plastic;

9354 (G) textile; or
9355 (H) rubber; and
9356 (ii) the new products under Subsection (48)(b)(i) would otherwise be made with
9357 nonrecycled materials; or
9358 (c) a cogeneration facility as defined in Section 54-2-1 .
9359 (49) "Member of the immediate family of the producer" means a person who is related
9360 to a producer described in Subsection 59-12-104 (20)(a) as a:
9361 (a) child or stepchild, regardless of whether the child or stepchild is:
9362 (i) an adopted child or adopted stepchild; or
9363 (ii) a foster child or foster stepchild;
9364 (b) grandchild or stepgrandchild;
9365 (c) grandparent or stepgrandparent;
9366 (d) nephew or stepnephew;
9367 (e) niece or stepniece;
9368 (f) parent or stepparent;
9369 (g) sibling or stepsibling;
9370 (h) spouse;
9371 (i) person who is the spouse of a person described in Subsections (49)(a) through (g);
9372 or
9373 (j) person similar to a person described in Subsections (49)(a) through (i) as
9374 determined by the commission by rule made in accordance with Title 63, Chapter 46a, Utah
9375 Administrative Rulemaking Act.
9376 (50) "Mobile home" is as defined in Section 58-56-3 .
9377 (51) "Mobile telecommunications service" is as defined in the Mobile
9378 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
9379 (52) (a) Except as provided in Subsection (52)(c), "mobility enhancing equipment"
9380 means equipment that is:
9381 (i) primarily and customarily used to provide or increase the ability to move from one

9382 place to another;
9383 (ii) appropriate for use in a:
9384 (A) home; or
9385 (B) motor vehicle; and
9386 (iii) not generally used by persons with normal mobility.
9387 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
9388 the equipment described in Subsection (52)(a).
9389 (c) Notwithstanding Subsection (52)(a), "mobility enhancing equipment" does not
9390 include:
9391 (i) a motor vehicle;
9392 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
9393 vehicle manufacturer;
9394 (iii) durable medical equipment; or
9395 (iv) a prosthetic device.
9396 (53) "Model 1 seller" means a seller that has selected a certified service provider as the
9397 seller's agent to perform all of the seller's sales and use tax functions for agreement sales and
9398 use taxes other than the seller's obligation under Section 59-12-107.4 to remit a tax on the
9399 seller's own purchases.
9400 (54) "Model 2 seller" means a seller that:
9401 (a) except as provided in Subsection (54)(b), has selected a certified automated system
9402 to perform the seller's sales tax functions for agreement sales and use taxes; and
9403 (b) notwithstanding Subsection (54)(a), retains responsibility for remitting all of the
9404 sales tax:
9405 (i) collected by the seller; and
9406 (ii) to the appropriate local taxing jurisdiction.
9407 (55) (a) Subject to Subsection (55)(b), "model 3 seller" means a seller that has:
9408 (i) sales in at least five states that are members of the agreement;
9409 (ii) total annual sales revenues of at least $500,000,000;

9410 (iii) a proprietary system that calculates the amount of tax:
9411 (A) for an agreement sales and use tax; and
9412 (B) due to each local taxing jurisdiction; and
9413 (iv) entered into a performance agreement with the governing board of the agreement.
9414 (b) For purposes of Subsection (55)(a), "model 3 seller" includes an affiliated group of
9415 sellers using the same proprietary system.
9416 (56) "Modular home" means a modular unit as defined in Section 58-56-3 .
9417 (57) "Motor vehicle" is as defined in Section 41-1a-102 .
9418 (58) "Oil shale" means a group of fine black to dark brown shales containing
9419 bituminous material that yields petroleum upon distillation.
9420 (59) (a) "Other fuels" means products that burn independently to produce heat or
9421 energy.
9422 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
9423 personal property.
9424 (60) "Pawnbroker" is as defined in Section 13-32a-102 .
9425 (61) "Pawn transaction" is as defined in Section 13-32a-102 .
9426 (62) (a) "Permanently attached to real property" means that for tangible personal
9427 property attached to real property:
9428 (i) the attachment of the tangible personal property to the real property:
9429 (A) is essential to the use of the tangible personal property; and
9430 (B) suggests that the tangible personal property will remain attached to the real
9431 property in the same place over the useful life of the tangible personal property; or
9432 (ii) if the tangible personal property is detached from the real property, the detachment
9433 would:
9434 (A) cause substantial damage to the tangible personal property; or
9435 (B) require substantial alteration or repair of the real property to which the tangible
9436 personal property is attached.
9437 (b) "Permanently attached to real property" includes:

9438 (i) the attachment of an accessory to the tangible personal property if the accessory is:
9439 (A) essential to the operation of the tangible personal property; and
9440 (B) attached only to facilitate the operation of the tangible personal property;
9441 (ii) a temporary detachment of tangible personal property from real property for a
9442 repair or renovation if the repair or renovation is performed where the tangible personal
9443 property and real property are located; or
9444 (iii) an attachment of the following tangible personal property to real property,
9445 regardless of whether the attachment to real property is only through a line that supplies water,
9446 electricity, gas, telephone, cable, or supplies a similar item as determined by the commission by
9447 rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act:
9448 (A) property attached to oil, gas, or water pipelines, other than the property listed in
9449 Subsection (62)(c)(iii);
9450 (B) a hot water heater;
9451 (C) a water softener system; or
9452 (D) a water filtration system, other than a water filtration system manufactured as part
9453 of a refrigerator.
9454 (c) "Permanently attached to real property" does not include:
9455 (i) the attachment of portable or movable tangible personal property to real property if
9456 that portable or movable tangible personal property is attached to real property only for:
9457 (A) convenience;
9458 (B) stability; or
9459 (C) for an obvious temporary purpose;
9460 (ii) the detachment of tangible personal property from real property other than the
9461 detachment described in Subsection (62)(b)(ii); or
9462 (iii) an attachment of the following tangible personal property to real property if the
9463 attachment to real property is only through a line that supplies water, electricity, gas, telephone,
9464 cable, or supplies a similar item as determined by the commission by rule made in accordance
9465 with Title 63, Chapter 46a, Utah Administrative Rulemaking Act:

9466 (A) a refrigerator;
9467 (B) a washer;
9468 (C) a dryer;
9469 (D) a stove;
9470 (E) a television;
9471 (F) a computer;
9472 (G) a telephone; or
9473 (H) tangible personal property similar to Subsections (62)(c)(iii)(A) through (G) as
9474 determined by the commission by rule made in accordance with Title 63, Chapter 46a, Utah
9475 Administrative Rulemaking Act.
9476 (63) "Person" includes any individual, firm, partnership, joint venture, association,
9477 corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
9478 municipality, district, or other local governmental entity of the state, or any group or
9479 combination acting as a unit.
9480 (64) "Place of primary use":
9481 (a) for telephone service other than mobile telecommunications service, means the
9482 street address representative of where the purchaser's use of the telephone service primarily
9483 occurs, which shall be:
9484 (i) the residential street address of the purchaser; or
9485 (ii) the primary business street address of the purchaser; or
9486 (b) for mobile telecommunications service, is as defined in the Mobile
9487 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
9488 (65) "Postproduction" means an activity related to the finishing or duplication of a
9489 medium described in Subsection 59-12-104 (56)(a).
9490 (66) (a) "Prepared food" means:
9491 (i) food:
9492 (A) sold in a heated state; or
9493 (B) heated by a seller;

9494 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
9495 item; or
9496 (iii) except as provided in Subsection (66)(c), food sold with an eating utensil provided
9497 by the seller, including a:
9498 (A) plate;
9499 (B) knife;
9500 (C) fork;
9501 (D) spoon;
9502 (E) glass;
9503 (F) cup;
9504 (G) napkin; or
9505 (H) straw.
9506 (b) "Prepared food" does not include:
9507 (i) food that a seller only:
9508 (A) cuts;
9509 (B) repackages; or
9510 (C) pasteurizes; or
9511 (ii) (A) the following:
9512 (I) raw egg;
9513 (II) raw fish;
9514 (III) raw meat;
9515 (IV) raw poultry; or
9516 (V) a food containing an item described in Subsections (66)(b)(ii)(A)(I) through (IV);
9517 and
9518 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
9519 Food and Drug Administration's Food Code that a consumer cook the items described in
9520 Subsection (66)(b)(ii)(A) to prevent food borne illness; or
9521 (iii) the following if sold without eating utensils provided by the seller:

9522 (A) food and food ingredients sold by a seller if the seller's proper primary
9523 classification under the 2002 North American Industry Classification System of the federal
9524 Executive Office of the President, Office of Management and Budget, is manufacturing in
9525 Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
9526 Manufacturing;
9527 (B) food and food ingredients sold in an unheated state:
9528 (I) by weight or volume; and
9529 (II) as a single item; or
9530 (C) a bakery item, including:
9531 (I) a bagel;
9532 (II) a bar;
9533 (III) a biscuit;
9534 (IV) bread;
9535 (V) a bun;
9536 (VI) a cake;
9537 (VII) a cookie;
9538 (VIII) a croissant;
9539 (IX) a danish;
9540 (X) a donut;
9541 (XI) a muffin;
9542 (XII) a pastry;
9543 (XIII) a pie;
9544 (XIV) a roll;
9545 (XV) a tart;
9546 (XVI) a torte; or
9547 (XVII) a tortilla.
9548 (c) Notwithstanding Subsection (66)(a)(iii), an eating utensil provided by the seller
9549 does not include the following used to transport the food:

9550 (i) a container; or
9551 (ii) packaging.
9552 (67) "Prescription" means an order, formula, or recipe that is issued:
9553 (a) (i) orally;
9554 (ii) in writing;
9555 (iii) electronically; or
9556 (iv) by any other manner of transmission; and
9557 (b) by a licensed practitioner authorized by the laws of a state.
9558 (68) (a) Except as provided in Subsection (68)(b)(ii) or (iii), "prewritten computer
9559 software" means computer software that is not designed and developed:
9560 (i) by the author or other creator of the computer software; and
9561 (ii) to the specifications of a specific purchaser.
9562 (b) "Prewritten computer software" includes:
9563 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
9564 software is not designed and developed:
9565 (A) by the author or other creator of the computer software; and
9566 (B) to the specifications of a specific purchaser;
9567 (ii) notwithstanding Subsection (68)(a), computer software designed and developed by
9568 the author or other creator of the computer software to the specifications of a specific purchaser
9569 if the computer software is sold to a person other than the purchaser; or
9570 (iii) notwithstanding Subsection (68)(a) and except as provided in Subsection (68)(c),
9571 prewritten computer software or a prewritten portion of prewritten computer software:
9572 (A) that is modified or enhanced to any degree; and
9573 (B) if the modification or enhancement described in Subsection (68)(b)(iii)(A) is
9574 designed and developed to the specifications of a specific purchaser.
9575 (c) Notwithstanding Subsection (68)(b)(iii), "prewritten computer software" does not
9576 include a modification or enhancement described in Subsection (68)(b)(iii) if the charges for
9577 the modification or enhancement are:

9578 (i) reasonable; and
9579 (ii) separately stated on the invoice or other statement of price provided to the
9580 purchaser.
9581 (69) (a) "Prosthetic device" means a device that is worn on or in the body to:
9582 (i) artificially replace a missing portion of the body;
9583 (ii) prevent or correct a physical deformity or physical malfunction; or
9584 (iii) support a weak or deformed portion of the body.
9585 (b) "Prosthetic device" includes:
9586 (i) parts used in the repairs or renovation of a prosthetic device;
9587 (ii) replacement parts for a prosthetic device; or
9588 (iii) a dental prosthesis.
9589 (c) "Prosthetic device" does not include:
9590 (i) corrective eyeglasses;
9591 (ii) contact lenses; or
9592 (iii) hearing aids.
9593 (70) (a) "Protective equipment" means an item:
9594 (i) for human wear; and
9595 (ii) that is:
9596 (A) designed as protection:
9597 (I) to the wearer against injury or disease; or
9598 (II) against damage or injury of other persons or property; and
9599 (B) not suitable for general use.
9600 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9601 commission shall make rules:
9602 (i) listing the items that constitute "protective equipment"; and
9603 (ii) that are consistent with the list of items that constitute "protective equipment"
9604 under the agreement.
9605 (71) (a) For purposes of Subsection 59-12-104 (41), "publication" means any written or

9606 printed matter, other than a photocopy:
9607 (i) regardless of:
9608 (A) characteristics;
9609 (B) copyright;
9610 (C) form;
9611 (D) format;
9612 (E) method of reproduction; or
9613 (F) source; and
9614 (ii) made available in printed or electronic format.
9615 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9616 commission may by rule define the term "photocopy."
9617 (72) (a) "Purchase price" and "sales price" mean the total amount of consideration:
9618 (i) valued in money; and
9619 (ii) for which tangible personal property or services are:
9620 (A) sold;
9621 (B) leased; or
9622 (C) rented.
9623 (b) "Purchase price" and "sales price" include:
9624 (i) the seller's cost of the tangible personal property or services sold;
9625 (ii) expenses of the seller, including:
9626 (A) the cost of materials used;
9627 (B) a labor cost;
9628 (C) a service cost;
9629 (D) interest;
9630 (E) a loss;
9631 (F) the cost of transportation to the seller; or
9632 (G) a tax imposed on the seller; or
9633 (iii) a charge by the seller for any service necessary to complete the sale.

9634 (c) "Purchase price" and "sales price" do not include:
9635 (i) a discount:
9636 (A) in a form including:
9637 (I) cash;
9638 (II) term; or
9639 (III) coupon;
9640 (B) that is allowed by a seller;
9641 (C) taken by a purchaser on a sale; and
9642 (D) that is not reimbursed by a third party; or
9643 (ii) the following if separately stated on an invoice, bill of sale, or similar document
9644 provided to the purchaser:
9645 (A) the amount of a trade-in;
9646 (B) the following from credit extended on the sale of tangible personal property or
9647 services:
9648 (I) interest charges;
9649 (II) financing charges; or
9650 (III) carrying charges;
9651 (C) a tax or fee legally imposed directly on the consumer;
9652 (D) a delivery charge; or
9653 (E) an installation charge.
9654 (73) "Purchaser" means a person to whom:
9655 (a) a sale of tangible personal property is made; or
9656 (b) a service is furnished.
9657 (74) "Regularly rented" means:
9658 (a) rented to a guest for value three or more times during a calendar year; or
9659 (b) advertised or held out to the public as a place that is regularly rented to guests for
9660 value.
9661 (75) "Renewable energy" means:

9662 (a) biomass energy;
9663 (b) hydroelectric energy;
9664 (c) geothermal energy;
9665 (d) solar energy; or
9666 (e) wind energy.
9667 (76) (a) "Renewable energy production facility" means a facility that:
9668 (i) uses renewable energy to produce electricity; and
9669 (ii) has a production capacity of 20 kilowatts or greater.
9670 (b) A facility is a renewable energy production facility regardless of whether the
9671 facility is:
9672 (i) connected to an electric grid; or
9673 (ii) located on the premises of an electricity consumer.
9674 (77) "Rental" is as defined in Subsection (44).
9675 (78) "Repairs or renovations of tangible personal property" means:
9676 (a) a repair or renovation of tangible personal property that is not permanently attached
9677 to real property; or
9678 (b) attaching tangible personal property to other tangible personal property if the other
9679 tangible personal property to which the tangible personal property is attached is not
9680 permanently attached to real property.
9681 (79) "Research and development" means the process of inquiry or experimentation
9682 aimed at the discovery of facts, devices, technologies, or applications and the process of
9683 preparing those devices, technologies, or applications for marketing.
9684 (80) "Residential use" means the use in or around a home, apartment building, sleeping
9685 quarters, and similar facilities or accommodations.
9686 (81) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
9687 than:
9688 (a) resale;
9689 (b) sublease; or

9690 (c) subrent.
9691 (82) (a) "Retailer" means any person engaged in a regularly organized business in
9692 tangible personal property or any other taxable transaction under Subsection 59-12-103 (1), and
9693 who is selling to the user or consumer and not for resale.
9694 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
9695 engaged in the business of selling to users or consumers within the state.
9696 (83) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
9697 otherwise, in any manner, of tangible personal property or any other taxable transaction under
9698 Subsection 59-12-103 (1), for consideration.
9699 (b) "Sale" includes:
9700 (i) installment and credit sales;
9701 (ii) any closed transaction constituting a sale;
9702 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
9703 chapter;
9704 (iv) any transaction if the possession of property is transferred but the seller retains the
9705 title as security for the payment of the price; and
9706 (v) any transaction under which right to possession, operation, or use of any article of
9707 tangible personal property is granted under a lease or contract and the transfer of possession
9708 would be taxable if an outright sale were made.
9709 (84) "Sale at retail" is as defined in Subsection (81).
9710 (85) "Sale-leaseback transaction" means a transaction by which title to tangible
9711 personal property that is subject to a tax under this chapter is transferred:
9712 (a) by a purchaser-lessee;
9713 (b) to a lessor;
9714 (c) for consideration; and
9715 (d) if:
9716 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
9717 of the tangible personal property;

9718 (ii) the sale of the tangible personal property to the lessor is intended as a form of
9719 financing:
9720 (A) for the property; and
9721 (B) to the purchaser-lessee; and
9722 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
9723 is required to:
9724 (A) capitalize the property for financial reporting purposes; and
9725 (B) account for the lease payments as payments made under a financing arrangement.
9726 (86) "Sales price" is as defined in Subsection (72).
9727 (87) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
9728 amounts charged by a school:
9729 (i) sales that are directly related to the school's educational functions or activities
9730 including:
9731 (A) the sale of:
9732 (I) textbooks;
9733 (II) textbook fees;
9734 (III) laboratory fees;
9735 (IV) laboratory supplies; or
9736 (V) safety equipment;
9737 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
9738 that:
9739 (I) a student is specifically required to wear as a condition of participation in a
9740 school-related event or school-related activity; and
9741 (II) is not readily adaptable to general or continued usage to the extent that it takes the
9742 place of ordinary clothing;
9743 (C) sales of the following if the net or gross revenues generated by the sales are
9744 deposited into a school district fund or school fund dedicated to school meals:
9745 (I) food and food ingredients; or

9746 (II) prepared food; or
9747 (D) transportation charges for official school activities; or
9748 (ii) amounts paid to or amounts charged by a school for admission to a school-related
9749 event or school-related activity.
9750 (b) "Sales relating to schools" does not include:
9751 (i) bookstore sales of items that are not educational materials or supplies;
9752 (ii) except as provided in Subsection (87)(a)(i)(B):
9753 (A) clothing;
9754 (B) clothing accessories or equipment;
9755 (C) protective equipment; or
9756 (D) sports or recreational equipment; or
9757 (iii) amounts paid to or amounts charged by a school for admission to a school-related
9758 event or school-related activity if the amounts paid or charged are passed through to a person:
9759 (A) other than a:
9760 (I) school;
9761 (II) nonprofit organization authorized by a school board or a governing body of a
9762 private school to organize and direct a competitive secondary school activity; or
9763 (III) nonprofit association authorized by a school board or a governing body of a
9764 private school to organize and direct a competitive secondary school activity; and
9765 (B) that is required to collect sales and use taxes under this chapter.
9766 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9767 commission may make rules defining the term "passed through."
9768 (88) For purposes of this section and Section 59-12-104 , "school":
9769 (a) means:
9770 (i) an elementary school or a secondary school that:
9771 (A) is a:
9772 (I) public school; or
9773 (II) private school; and

9774 (B) provides instruction for one or more grades kindergarten through 12; or
9775 (ii) a public school district; and
9776 (b) includes the Electronic High School as defined in Section 53A-15-1002 .
9777 (89) "Seller" means a person that makes a sale, lease, or rental of:
9778 (a) tangible personal property; or
9779 (b) a service.
9780 (90) (a) "Semiconductor fabricating, processing, research, or development materials"
9781 means tangible personal property:
9782 (i) used primarily in the process of:
9783 (A) (I) manufacturing a semiconductor;
9784 (II) fabricating a semiconductor; or
9785 (III) research or development of a:
9786 (Aa) semiconductor; or
9787 (Bb) semiconductor manufacturing process; or
9788 (B) maintaining an environment suitable for a semiconductor; or
9789 (ii) consumed primarily in the process of:
9790 (A) (I) manufacturing a semiconductor;
9791 (II) fabricating a semiconductor; or
9792 (III) research or development of a:
9793 (Aa) semiconductor; or
9794 (Bb) semiconductor manufacturing process; or
9795 (B) maintaining an environment suitable for a semiconductor.
9796 (b) "Semiconductor fabricating, processing, research, or development materials"
9797 includes:
9798 (i) parts used in the repairs or renovations of tangible personal property described in
9799 Subsection (90)(a); or
9800 (ii) a chemical, catalyst, or other material used to:
9801 (A) produce or induce in a semiconductor a:

9802 (I) chemical change; or
9803 (II) physical change;
9804 (B) remove impurities from a semiconductor; or
9805 (C) improve the marketable condition of a semiconductor.
9806 (91) "Senior citizen center" means a facility having the primary purpose of providing
9807 services to the aged as defined in Section 62A-3-101 .
9808 (92) "Simplified electronic return" means the electronic return:
9809 (a) described in Section 318(C) of the agreement; and
9810 (b) approved by the governing board of the agreement.
9811 (93) "Solar energy" means the sun used as the sole source of energy for producing
9812 electricity.
9813 (94) (a) "Sports or recreational equipment" means an item:
9814 (i) designed for human use; and
9815 (ii) that is:
9816 (A) worn in conjunction with:
9817 (I) an athletic activity; or
9818 (II) a recreational activity; and
9819 (B) not suitable for general use.
9820 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9821 commission shall make rules:
9822 (i) listing the items that constitute "sports or recreational equipment"; and
9823 (ii) that are consistent with the list of items that constitute "sports or recreational
9824 equipment" under the agreement.
9825 (95) "State" means the state of Utah, its departments, and agencies.
9826 (96) "Storage" means any keeping or retention of tangible personal property or any
9827 other taxable transaction under Subsection 59-12-103 (1), in this state for any purpose except
9828 sale in the regular course of business.
9829 (97) (a) "Tangible personal property" means personal property that:

9830 (i) may be:
9831 (A) seen;
9832 (B) weighed;
9833 (C) measured;
9834 (D) felt; or
9835 (E) touched; or
9836 (ii) is in any manner perceptible to the senses.
9837 (b) "Tangible personal property" includes:
9838 (i) electricity;
9839 (ii) water;
9840 (iii) gas;
9841 (iv) steam; or
9842 (v) prewritten computer software.
9843 (98) "Tar sands" means impregnated sands that yield mixtures of liquid hydrocarbon
9844 and require further processing other than mechanical blending before becoming finished
9845 petroleum products.
9846 (99) (a) "Telecommunications enabling or facilitating equipment, machinery, or
9847 software" means an item listed in Subsection (99)(b) if that item is purchased or leased
9848 primarily to enable or facilitate one or more of the following to function:
9849 (i) telecommunications switching or routing equipment, machinery, or software; or
9850 (ii) telecommunications transmission equipment, machinery, or software.
9851 (b) The following apply to Subsection (99)(a):
9852 (i) a pole;
9853 (ii) software;
9854 (iii) a supplementary power supply;
9855 (iv) temperature or environmental equipment or machinery;
9856 (v) test equipment;
9857 (vi) a tower; or

9858 (vii) equipment, machinery, or software that functions similarly to an item listed in
9859 Subsections (99)(b)(i) through (vi) as determined by the commission by rule made in
9860 accordance with Subsection (99)(c).
9861 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9862 commission may by rule define what constitutes equipment, machinery, or software that
9863 functions similarly to an item listed in Subsections (99)(b)(i) through (vi).
9864 (100) "Telecommunications equipment, machinery, or software required for 911
9865 service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
9866 Sec. 20.18.
9867 (101) "Telecommunications maintenance or repair equipment, machinery, or software"
9868 means equipment, machinery, or software purchased or leased primarily to maintain or repair
9869 one or more of the following, regardless of whether the equipment, machinery, or software is
9870 purchased or leased as a spare part or as an upgrade or modification to one or more of the
9871 following:
9872 (a) telecommunications enabling or facilitating equipment, machinery, or software;
9873 (b) telecommunications switching or routing equipment, machinery, or software; or
9874 (c) telecommunications transmission equipment, machinery, or software.
9875 (102) (a) "Telecommunications switching or routing equipment, machinery, or
9876 software" means an item listed in Subsection (102)(b) if that item is purchased or leased
9877 primarily for switching or routing:
9878 (i) voice communications;
9879 (ii) data communications; or
9880 (iii) telephone service.
9881 (b) The following apply to Subsection (102)(a):
9882 (i) a bridge;
9883 (ii) a computer;
9884 (iii) a cross connect;
9885 (iv) a modem;

9886 (v) a multiplexer;
9887 (vi) plug in circuitry;
9888 (vii) a router;
9889 (viii) software;
9890 (ix) a switch; or
9891 (x) equipment, machinery, or software that functions similarly to an item listed in
9892 Subsections (102)(b)(i) through (ix) as determined by the commission by rule made in
9893 accordance with Subsection (102)(c).
9894 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9895 commission may by rule define what constitutes equipment, machinery, or software that
9896 functions similarly to an item listed in Subsections (102)(b)(i) through (ix).
9897 (103) (a) "Telecommunications transmission equipment, machinery, or software"
9898 means an item listed in Subsection (103)(b) if that item is purchased or leased primarily for
9899 sending, receiving, or transporting:
9900 (i) voice communications;
9901 (ii) data communications; or
9902 (iii) telephone service.
9903 (b) The following apply to Subsection (103)(a):
9904 (i) an amplifier;
9905 (ii) a cable;
9906 (iii) a closure;
9907 (iv) a conduit;
9908 (v) a controller;
9909 (vi) a duplexer;
9910 (vii) a filter;
9911 (viii) an input device;
9912 (ix) an input/output device;
9913 (x) an insulator;

9914 (xi) microwave machinery or equipment;
9915 (xii) an oscillator;
9916 (xiii) an output device;
9917 (xiv) a pedestal;
9918 (xv) a power converter;
9919 (xvi) a power supply;
9920 (xvii) a radio channel;
9921 (xviii) a radio receiver;
9922 (xix) a radio transmitter;
9923 (xx) a repeater;
9924 (xxi) software;
9925 (xxii) a terminal;
9926 (xxiii) a timing unit;
9927 (xxiv) a transformer;
9928 (xxv) a wire; or
9929 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
9930 Subsections (103)(b)(i) through (xxv) as determined by the commission by rule made in
9931 accordance with Subsection (103)(c).
9932 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9933 commission may by rule define what constitutes equipment, machinery, or software that
9934 functions similarly to an item listed in Subsections (103)(b)(i) through (xxv).
9935 (104) (a) "Telephone service" means a two-way transmission:
9936 (i) by:
9937 (A) wire;
9938 (B) radio;
9939 (C) lightwave; or
9940 (D) other electromagnetic means; and
9941 (ii) of one or more of the following:

9942 (A) a sign;
9943 (B) a signal;
9944 (C) writing;
9945 (D) an image;
9946 (E) sound;
9947 (F) a message;
9948 (G) data; or
9949 (H) other information of any nature.
9950 (b) "Telephone service" includes:
9951 (i) mobile telecommunications service;
9952 (ii) private communications service; or
9953 (iii) automated digital telephone answering service.
9954 (c) "Telephone service" does not include a service or a transaction that a state or a
9955 political subdivision of a state is prohibited from taxing as of July 1, 2001, under the Internet
9956 Tax Freedom Act, Pub. L. No. 105-277.
9957 (105) Notwithstanding where a call is billed or paid, "telephone service address"
9958 means:
9959 (a) if the location described in this Subsection (105)(a) is known, the location of the
9960 telephone service equipment:
9961 (i) to which a call is charged; and
9962 (ii) from which the call originates or terminates;
9963 (b) if the location described in Subsection (105)(a) is not known but the location
9964 described in this Subsection (105)(b) is known, the location of the origination point of the
9965 signal of the telephone service first identified by:
9966 (i) the telecommunications system of the seller; or
9967 (ii) if the system used to transport the signal is not that of the seller, information
9968 received by the seller from its service provider; or
9969 (c) if the locations described in Subsection (105)(a) or (b) are not known, the location

9970 of a purchaser's primary place of use.
9971 (106) (a) "Telephone service provider" means a person that:
9972 (i) owns, controls, operates, or manages a telephone service; and
9973 (ii) engages in an activity described in Subsection (106)(a)(i) for the shared use with or
9974 resale to any person of the telephone service.
9975 (b) A person described in Subsection (106)(a) is a telephone service provider whether
9976 or not the Public Service Commission of Utah regulates:
9977 (i) that person; or
9978 (ii) the telephone service that the person owns, controls, operates, or manages.
9979 (107) "Tobacco" means:
9980 (a) a cigarette;
9981 (b) a cigar;
9982 (c) chewing tobacco;
9983 (d) pipe tobacco; or
9984 (e) any other item that contains tobacco.
9985 (108) "Unassisted amusement device" means an amusement device, skill device, or
9986 ride device that is started and stopped by the purchaser or renter of the right to use or operate
9987 the amusement device, skill device, or ride device.
9988 (109) (a) "Use" means the exercise of any right or power over tangible personal
9989 property under Subsection 59-12-103 (1), incident to the ownership or the leasing of that
9990 property, item, or service.
9991 (b) "Use" does not include the sale, display, demonstration, or trial of that property in
9992 the regular course of business and held for resale.
9993 (110) (a) Subject to Subsection (110)(b), "vehicle" means the following that are
9994 required to be titled, registered, or titled and registered:
9995 (i) an aircraft as defined in Section 72-10-102 ;
9996 (ii) a vehicle as defined in Section 41-1a-102 ;
9997 (iii) an off-highway vehicle as defined in Section 41-22-2 ; or

9998 (iv) a vessel as defined in Section 41-1a-102 .
9999 (b) For purposes of Subsection 59-12-104 (33) only, "vehicle" includes:
10000 (i) a vehicle described in Subsection (110)(a); or
10001 (ii) (A) a locomotive;
10002 (B) a freight car;
10003 (C) railroad work equipment; or
10004 (D) other railroad rolling stock.
10005 (111) "Vehicle dealer" means a person engaged in the business of buying, selling, or
10006 exchanging a vehicle as defined in Subsection (110).
10007 (112) (a) Except as provided in Subsection (112)(b), "waste energy facility" means a
10008 facility that generates electricity:
10009 (i) using as the primary source of energy waste materials that would be placed in a
10010 landfill or refuse pit if it were not used to generate electricity, including:
10011 (A) tires;
10012 (B) waste coal; or
10013 (C) oil shale; and
10014 (ii) in amounts greater than actually required for the operation of the facility.
10015 (b) "Waste energy facility" does not include a facility that incinerates:
10016 (i) municipal solid waste;
10017 (ii) hospital waste as defined in 40 C.F.R. 60.51c; or
10018 (iii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
10019 (113) "Watercraft" means a vessel as defined in Section 73-18-2 .
10020 (114) "Wind energy" means wind used as the sole source of energy to produce
10021 electricity.
10022 (115) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
10023 location by the United States Postal Service.
10024 Section 134. Section 61-1-21.1 is amended to read:
10025 61-1-21.1. Limitation of prosecutions.

10026 (1) No indictment or information may be returned or civil complaint filed under this
10027 chapter more than five years after the alleged violation.
10028 (2) As to causes of action arising from violations of this chapter, the limitation of
10029 prosecutions provided in this section supersedes the limitation of actions provided in Section
10030 76-1-302 and Title [78] 78B, Chapter [12, Articles 1 and 2] 2, Statutes of Limitations.
10031 Section 135. Section 61-2-12 is amended to read:
10032 61-2-12. Disciplinary action -- Judicial review.
10033 (1) (a) On the basis of a violation of this chapter, the commission with the concurrence
10034 of the director, may issue an order:
10035 (i) imposing an educational requirement;
10036 (ii) imposing a civil penalty not to exceed the greater of:
10037 (A) $2,500 for each violation; or
10038 (B) the amount of any gain or economic benefit derived from each violation;
10039 (iii) taking any of the following actions related to a license or certificate:
10040 (A) revoking;
10041 (B) suspending;
10042 (C) placing on probation;
10043 (D) denying the renewal, reinstatement, or application for an original license or
10044 certificate; or
10045 (E) in the case of denial or revocation of a license or certificate, setting a waiting
10046 period for an applicant to apply for a license or certificate under this title;
10047 (iv) issuing a cease and desist order; or
10048 (v) doing any combination of Subsections (1)(a)(i) through (iv).
10049 (b) If the licensee is an active sales agent or active associate broker, the division shall
10050 inform the principal broker with whom the licensee is affiliated of the charge and of the time
10051 and place of any hearing.
10052 (2) (a) Any applicant, certificate holder, licensee, or person aggrieved, including the
10053 complainant, may obtain agency review by the executive director and judicial review of any

10054 adverse ruling, order, or decision of the division.
10055 (b) If the applicant, certificate holder, or licensee prevails in the appeal and the court
10056 finds that the state action was undertaken without substantial justification, the court may award
10057 reasonable litigation expenses to the applicant, certificate holder, or licensee as provided under
10058 Title [78] 78B, Chapter [27a] 8, Part 5, Small Business Equal Access to Justice Act.
10059 (c) (i) An order, ruling, or decision of the division shall take effect and become
10060 operative 30 days after the service of the order, ruling, or decision unless otherwise provided in
10061 the order.
10062 (ii) If an appeal is taken by a licensee, the division may stay enforcement of an order,
10063 ruling, or decision in accordance with Section 63-46b-18 .
10064 (iii) The appeal shall be governed by the Utah Rules of Appellate Procedure.
10065 (3) The commission and the director shall comply with the procedures and
10066 requirements of Title 63, Chapter 46b, Administrative Procedures Act, in all adjudicative
10067 proceedings.
10068 Section 136. Section 61-2b-31 is amended to read:
10069 61-2b-31. Disciplinary hearing process.
10070 (1) Before disciplinary action may be taken by the board the division shall:
10071 (a) notify the person against whom the board seeks to take disciplinary action; and
10072 (b) commence an adjudicative proceeding.
10073 (2) If, after the hearing, the board determines that a person described in Subsection (1)
10074 violated this chapter, the board may impose disciplinary action by written order as provided in
10075 Section 61-2b-29 .
10076 (3) The board may conduct hearings with the assistance of an administrative law judge
10077 or may delegate hearings to an administrative law judge. If the hearing is delegated by the
10078 board to an administrative law judge, the judge shall submit written findings of fact,
10079 conclusions of law, and a recommended order to the board for its consideration.
10080 (4) (a) Any applicant, licensee, certificate holder, or person aggrieved, including the
10081 complainant, may obtain judicial review of any adverse ruling, order, or decision of the board.

10082 Any appeal shall be governed by the Utah Rules of Appellate Procedure.
10083 (b) If the applicant, licensee, or certificate holder prevails in the appeal and the court
10084 finds that the state action was undertaken without substantial justification, the court may award
10085 reasonable litigation expenses to the applicant, licensee, or certificate holder as provided under
10086 Title [78] 78B, Chapter [27a] 8, Part 5, Small Business Equal Access to Justice Act.
10087 Section 137. Section 61-2c-402.1 is amended to read:
10088 61-2c-402.1. Adjudicative proceedings -- Review.
10089 (1) (a) Before the actions described in Section 61-2c-402 may be taken, the division
10090 shall:
10091 (i) give notice to the individual or entity; and
10092 (ii) commence an adjudicative proceeding.
10093 (b) If after the adjudicative proceeding is commenced under Subsection (1)(a) the
10094 presiding officer determines that an individual or entity required to be licensed under this
10095 chapter has violated this chapter, the division may take an action described in Section
10096 61-2c-402 by written order.
10097 (2) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, an
10098 individual or entity against whom action is taken under this section may seek review by the
10099 executive director of the action.
10100 (3) If an individual or entity prevails in a judicial appeal and the court finds that the
10101 state action was undertaken without substantial justification, the court may award reasonable
10102 litigation expenses to that individual or entity as provided under Title [78] 78B, Chapter [27a]
10103 8, Part 5, Small Business Equal Access to Justice Act.
10104 (4) (a) An order issued under this section takes effect 30 days after the service of the
10105 order unless otherwise provided in the order.
10106 (b) If an appeal of an order issued under this section is taken by an individual or entity,
10107 the division may stay enforcement of the order in accordance with Section 63-46b-18 .
10108 (5) If ordered by the court of competent jurisdiction, the division shall promptly take an
10109 action described in Section 61-2c-402 against a license granted under this chapter.

10110 Section 138. Section 61-2d-106 is amended to read:
10111 61-2d-106. Arbitration clauses.
10112 To be valid, an arbitration clause in a high-cost mortgage contract must comply with the
10113 standards set forth in Title [78] 78B, Chapter [31a] 11, Utah Uniform Arbitration Act or the
10114 Federal Arbitration Act, or any successor acts.
10115 Section 139. Section 62A-1-111 is amended to read:
10116 62A-1-111. Department authority.
10117 The department may, in addition to all other authority and responsibility granted to it by
10118 law:
10119 (1) adopt rules, not inconsistent with law, as the department may consider necessary or
10120 desirable for providing social services to the people of this state;
10121 (2) establish and manage client trust accounts in the department's institutions and
10122 community programs, at the request of the client or his legal guardian or representative, or in
10123 accordance with federal law;
10124 (3) purchase, as authorized or required by law, services that the department is
10125 responsible to provide for legally eligible persons;
10126 (4) conduct adjudicative proceedings for clients and providers in accordance with the
10127 procedures of Title 63, Chapter 46b, Administrative Procedures Act;
10128 (5) establish eligibility standards for its programs, not inconsistent with state or federal
10129 law or regulations;
10130 (6) take necessary steps, including legal action, to recover money or the monetary value
10131 of services provided to a recipient who was not eligible;
10132 (7) set and collect fees for its services;
10133 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
10134 or limited by law;
10135 (9) acquire, manage, and dispose of any real or personal property needed or owned by
10136 the department, not inconsistent with state law;
10137 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or

10138 the proceeds thereof, may be credited to the program designated by the donor, and may be used
10139 for the purposes requested by the donor, as long as the request conforms to state and federal
10140 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
10141 under guidelines established by the state treasurer;
10142 (11) accept and employ volunteer labor or services; the department is authorized to
10143 reimburse volunteers for necessary expenses, when the department considers that
10144 reimbursement to be appropriate;
10145 (12) carry out the responsibility assigned in the Workforce Services Plan by the State
10146 Council on Workforce Services;
10147 (13) carry out the responsibility assigned by Section 9-4-802 with respect to
10148 coordination of services for the homeless;
10149 (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
10150 coordination of services for students with a disability;
10151 (15) provide training and educational opportunities for its staff;
10152 (16) collect child support payments and any other monies due to the department;
10153 (17) apply the provisions of Title [78] 78B, Chapter [45, Uniform Civil Liability for]
10154 12, Utah Child Support Act, to parents whose child lives out of the home in a department
10155 licensed or certified setting;
10156 (18) establish policy and procedures in cases where the department is given custody
10157 of a minor by the juvenile court pursuant to Section [ 78-3a-118 ] 78A-6-117 ; any policy and
10158 procedures shall include:
10159 (a) designation of interagency teams for each juvenile court district in the state;
10160 (b) delineation of assessment criteria and procedures;
10161 (c) minimum requirements, and timeframes, for the development and implementation
10162 of a collaborative service plan for each minor placed in department custody; and
10163 (d) provisions for submittal of the plan and periodic progress reports to the court;
10164 (19) carry out the responsibilities assigned to it by statute;
10165 (20) examine and audit the expenditures of any public funds provided to local

10166 substance abuse authorities, local mental health authorities, local area agencies on aging, and
10167 any person, agency, or organization that contracts with or receives funds from those authorities
10168 or agencies. Those local authorities, area agencies, and any person or entity that contracts with
10169 or receives funds from those authorities or area agencies, shall provide the department with any
10170 information the department considers necessary. The department is further authorized to issue
10171 directives resulting from any examination or audit to local authorities, area agencies, and
10172 persons or entities that contract with or receive funds from those authorities with regard to any
10173 public funds. If the department determines that it is necessary to withhold funds from a local
10174 mental health authority or local substance abuse authority based on failure to comply with state
10175 or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
10176 services. For purposes of this Subsection (20) "public funds" means the same as that term is
10177 defined in Section 62A-15-102 ; and
10178 (21) pursuant to Subsection 62A-2-106 (1)(d), accredit one or more agencies and
10179 persons to provide intercountry adoption services.
10180 Section 140. Section 62A-2-117.5 is amended to read:
10181 62A-2-117.5. Foster care by a child's relative.
10182 (1) In accordance with state and federal law, the division shall provide for licensure of
10183 a child's relative for foster or substitute care, when the child is in the temporary custody or
10184 custody of the Division of Child and Family Services. If it is determined that, under federal
10185 law, allowance is made for an approval process requiring less than full foster parent licensure
10186 proceedings for a child's relative, the division shall establish an approval process to accomplish
10187 that purpose.
10188 (2) For purposes of this section:
10189 (a) "Custody" and "temporary custody" mean the same as those terms are defined in
10190 Section 62A-4a-101 .
10191 (b) "Relative" means the same as that term is defined in Section [ 78-3a-307 ]
10192 78A-6-307 .
10193 Section 141. Section 62A-2-120 is amended to read:

10194 62A-2-120. Criminal background checks -- Direct access to children or
10195 vulnerable adults.
10196 (1) (a) Except as provided in Subsection (7), an applicant for an initial license or a
10197 license renewal under this chapter shall submit to the office the names and other identifying
10198 information, which may include fingerprints, of all persons associated with the licensee, as
10199 defined in Section 62A-2-101 , with direct access to children or vulnerable adults.
10200 (b) The Criminal Investigations and Technical Services Division of the Department of
10201 Public Safety, or the office as authorized under Section 53-10-108 , shall process the
10202 information described in Subsection (1)(a) to determine whether the individual has been
10203 convicted of any crime.
10204 (c) Except as provided in Subsection (1)(d), if an individual has not continuously lived
10205 in Utah for the five years immediately preceding the day on which the information referred to
10206 in Subsection (1)(a) is submitted to the office, the individual shall submit fingerprints for a FBI
10207 national criminal history record check. The fingerprints shall be submitted to the FBI through
10208 the Criminal Investigations and Technical Services Division.
10209 (d) An individual is not required to comply with Subsection (1)(c) if:
10210 (i) the individual continuously lived in Utah for the five years immediately preceding
10211 the day on which the information described in Subsection (1)(a) is submitted to the office,
10212 except for time spent outside of the United States and its territories; and
10213 (ii) the background check of the individual is being conducted for a purpose other than
10214 a purpose described in Subsection (1)(f).
10215 (e) If an applicant described in Subsection (1)(a) spent time outside of the United
10216 States and its territories during the five years immediately preceding the day on which the
10217 information described in Subsection (1)(a) is submitted to the office, the office shall require the
10218 applicant to submit documentation establishing whether the applicant was convicted of a crime
10219 during the time that the applicant spent outside of the United States and its territories.
10220 (f) Notwithstanding any other provision of this Subsection (1), an applicant described
10221 in Subsection (1)(a) shall submit fingerprints for an FBI national criminal history records

10222 check, through the Criminal Investigations and Technical Services Division, if the background
10223 check of the applicant is being conducted for the purpose of:
10224 (i) licensing a prospective foster home; or
10225 (ii) approving a prospective adoptive placement of a child in state custody.
10226 (g) In addition to the other requirements of this section, if the background check of an
10227 applicant described in Subsection (1)(a) is being conducted for the purpose of licensing a
10228 prospective foster home or approving a prospective adoptive placement of a child in state
10229 custody, the office shall:
10230 (i) check the child abuse and neglect registry in each state where each prospective
10231 foster parent or prospective adoptive parent resided in the five years immediately preceding the
10232 day on which the prospective foster parent or prospective adoptive parent applied to be a foster
10233 parent or adoptive parent, to determine whether the prospective foster parent or prospective
10234 adoptive parent is listed in the registry as having a substantiated or supported finding of child
10235 abuse or neglect; and
10236 (ii) check the child abuse and neglect registry in each state where each adult living in
10237 the home of the prospective foster parent or prospective adoptive parent described in
10238 Subsection (1)(g)(i) resided in the five years immediately preceding the day on which the
10239 prospective foster parent or prospective adoptive parent applied to be a foster parent or
10240 adoptive parent, to determine whether the adult is listed in the registry as having a substantiated
10241 or supported finding of child abuse or neglect.
10242 (h) The office shall make rules, in accordance with Title 63, Chapter 46a, Utah
10243 Administrative Rulemaking Act, to implement the provisions of this Subsection (1).
10244 (2) The office shall approve a person for whom identifying information is submitted
10245 under Subsection (1) to have direct access to children or vulnerable adults in the licensee
10246 program if:
10247 (a) (i) the person is found to have no criminal history record; or
10248 (ii) (A) the only convictions in the person's criminal history record are misdemeanors
10249 or infractions not involving any of the offenses described in Subsection (3); and

10250 (B) the date of the last conviction under Subsection (2)(a)(ii)(A) is more than five years
10251 before the date of the search;
10252 (b) the person is not listed in the statewide database of the Division of Aging and Adult
10253 Services created by Section 62A-3-311.1 ;
10254 (c) juvenile court records do not show that a court made a substantiated finding, under
10255 Section [ 78-3a-320 ] 78A-6-323 , that the person committed a severe type of child abuse or
10256 neglect;
10257 (d) the person is not listed in the Licensing Information System of the Division of
10258 Child and Family Services created by Section 62A-4a-1006 ;
10259 (e) the person has not pled guilty or no contest to a pending charge for any:
10260 (i) felony;
10261 (ii) misdemeanor listed in Subsection (3); or
10262 (iii) infraction listed in Subsection (3); and
10263 (f) for a person described in Subsection (1)(g), the registry check described in
10264 Subsection (1)(g) does not indicate that the person is listed in a child abuse and neglect registry
10265 of another state as having a substantiated or supported finding of child abuse or neglect.
10266 (3) Except as provided in Subsection (8), unless at least ten years have passed since the
10267 date of conviction, the office may not approve a person to have direct access to children or
10268 vulnerable adults in the licensee's human services program if that person has been convicted of
10269 an offense, whether a felony, misdemeanor, or infraction, that is:
10270 (a) identified as a sexual offense, domestic violence, lewdness, assault, or battery;
10271 (b) a violation of any pornography law, including sexual exploitation of a minor;
10272 (c) prostitution;
10273 (d) included in:
10274 (i) Title 76, Chapter 5, Offenses Against the Person;
10275 (ii) Title 76, Chapter 5a, Sexual Exploitation of Children; or
10276 (iii) Title 76, Chapter 7, Offenses Against the Family;
10277 (e) a violation of Section 76-6-103 , aggravated arson;

10278 (f) a violation of Section 76-6-203 , aggravated burglary;
10279 (g) a violation of Section 76-6-302 , aggravated robbery; or
10280 (h) a conviction for an offense committed outside of the state that, if committed in the
10281 state, would constitute a violation of an offense described in Subsections (3)(d) through (g).
10282 (4) (a) Except as provided in Subsection (8), if a person for whom identifying
10283 information is submitted under Subsection (1) is not approved by the office under Subsection
10284 (2) or (3) to have direct access to children or vulnerable adults in the licensee program, the
10285 office shall conduct a comprehensive review of criminal and court records and related
10286 circumstances if the reason the approval is not granted is due solely to one or more of the
10287 following:
10288 (i) a conviction for:
10289 (A) any felony not listed in Subsection (3);
10290 (B) any misdemeanor or infraction, not listed in Subsection (3), within five years of the
10291 date of the search;
10292 (C) a protective order or ex parte protective order violation under Section 76-5-108 or
10293 a similar statute in another state; or
10294 (D) any felony, misdemeanor, or infraction listed in Subsection (3) if at least ten years
10295 have passed since the date of conviction;
10296 (ii) a plea of guilty or no contest to a pending:
10297 (A) felony;
10298 (B) misdemeanor listed in Subsection (3); or
10299 (C) infraction listed in Subsection (3);
10300 (iii) the person is listed in the statewide database of the Division of Aging and Adult
10301 Services created by Section 62A-3-311.1 ;
10302 (iv) juvenile court records show that a court made a substantiated finding, under
10303 Section [ 78-3a-320 ] 78A-6-323 , that the person committed a severe type of child abuse or
10304 neglect;
10305 (v) the person is listed in the Licensing Information System of the Division of Child

10306 and Family Services created by Section 62A-4a-1006 ; or
10307 (vi) the person is listed in a child abuse or neglect registry of another state as having a
10308 substantiated or supported finding of child abuse or neglect.
10309 (b) The comprehensive review under Subsection (4)(a) shall include an examination of:
10310 (i) the date of the offense or incident;
10311 (ii) the nature and seriousness of the offense or incident;
10312 (iii) the circumstances under which the offense or incident occurred;
10313 (iv) the age of the perpetrator when the offense or incident occurred;
10314 (v) whether the offense or incident was an isolated or repeated incident;
10315 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
10316 adult, including:
10317 (A) actual or threatened, nonaccidental physical or mental harm;
10318 (B) sexual abuse;
10319 (C) sexual exploitation; and
10320 (D) negligent treatment;
10321 (vii) any evidence provided by the person of rehabilitation, counseling, or psychiatric
10322 treatment received, or additional academic or vocational schooling completed, by the person;
10323 and
10324 (viii) any other pertinent information.
10325 (c) At the conclusion of the comprehensive review under Subsection (4)(a), the office
10326 shall approve the person who is the subject of the review to have direct access to children or
10327 vulnerable adults, unless it finds that approval will likely create a risk of harm to a child or
10328 vulnerable adult.
10329 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
10330 office may make rules, consistent with this chapter, defining procedures for the comprehensive
10331 review described in this Subsection (4).
10332 (5) (a) For purposes of this Subsection (5), "directly supervised" means that the person
10333 being supervised is under the uninterrupted visual and auditory surveillance of the person doing

10334 the supervising.
10335 (b) A licensee may not permit any person to have direct access to a child or a
10336 vulnerable adult unless, subject to Subsection (5)(c), that person is:
10337 (i) associated with the licensee and:
10338 (A) approved by the office to have direct access to children or vulnerable adults under
10339 this section; or
10340 (B) (I) the office has not determined whether to approve that person to have direct
10341 access to children or vulnerable adults;
10342 (II) the information described in Subsection (1)(a), relating to that person, is submitted
10343 to the department; and
10344 (III) that person is directly supervised by a person associated with the licensee who is
10345 approved by the office to have direct access to children or vulnerable adults under this section;
10346 (ii) (A) not associated with the licensee; and
10347 (B) directly supervised by a person associated with the licensee who is approved by the
10348 office to have direct access to children or vulnerable adults under this section;
10349 (iii) the parent or guardian of the child or vulnerable adult; or
10350 (iv) a person approved by the parent or guardian of the child or vulnerable adult to
10351 have direct access to the child or vulnerable adult.
10352 (c) Notwithstanding Subsection (5)(b), a person may not have direct access to a child
10353 or a vulnerable adult if that person is prohibited by court order from having that access.
10354 (6) (a) Within 30 days after receiving the identifying information for a person under
10355 Subsection (1), the office shall give written notice to the person and to the licensee or applicant
10356 with whom the person is associated of:
10357 (i) the office's decision regarding its background screening clearance and findings; and
10358 (ii) a list of any convictions found in the search.
10359 (b) With the notice described in Subsection (6)(a), the office shall also give to the
10360 person the details of any comprehensive review conducted under Subsection (4).
10361 (c) If the notice under Subsection (6)(a) states that the person is not approved to have

10362 direct access to children or vulnerable adults, the notice shall further advise the persons to
10363 whom the notice is given that either the person or the licensee or applicant with whom the
10364 person is associated, or both, may, under Subsection 62A-2-111 (2), request a hearing in the
10365 department's Office of Administrative Hearings, to challenge the office's decision.
10366 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
10367 office shall make rules, consistent with this chapter:
10368 (i) defining procedures for the challenge of its background screening decision
10369 described in this Subsection (6); and
10370 (ii) expediting the process for renewal of a license under the requirements of this
10371 section and other applicable sections.
10372 (7) Notwithstanding Subsection (1)(a), this section does not apply to an applicant for
10373 an initial license, or license renewal, to operate a substance abuse program that provides
10374 services to adults only.
10375 (8) (a) Notwithstanding Subsections (2) through (4), the office may not approve or
10376 license a person as a prospective foster parent or a prospective adoptive parent if the person has
10377 been convicted of:
10378 (i) a felony involving conduct that constitutes any of the following:
10379 (A) child abuse, as described in Section 76-5-109 ;
10380 (B) commission of domestic violence in the presence of a child, as described in Section
10381 76-5-109.1 ;
10382 (C) abuse or neglect of a disabled child, as described in Section 76-5-110 ;
10383 (D) endangerment of a child, as described in Section 76-5-112.5 ;
10384 (E) aggravated murder, as described in Section 76-5-202 ;
10385 (F) murder, as described in Section 76-5-203 ;
10386 (G) manslaughter, as described in Section 76-5-205 ;
10387 (H) child abuse homicide, as described in Section 76-5-208 ;
10388 (I) homicide by assault, as described in Section 76-5-209 ;
10389 (J) kidnapping, as described in Section 76-5-301 ;

10390 (K) child kidnapping, as described in Section 76-5-301.1 ;
10391 (L) aggravated kidnapping, as described in Section 76-5-302 ;
10392 (M) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
10393 (N) an offense described in Title 76, Chapter 5a, Sexual Exploitation of Children;
10394 (O) aggravated arson, as described in Section 76-6-103 ;
10395 (P) aggravated burglary, as described in Section 76-6-203 ;
10396 (Q) aggravated robbery, as described in Section 76-6-302 ; or
10397 (R) domestic violence, as described in Section 77-36-1 ; or
10398 (ii) an offense committed outside the state that, if committed in the state, would
10399 constitute a violation of an offense described in Subsection (8)(a)(i).
10400 (b) Notwithstanding Subsections (2) through (4), the office may not approve or license
10401 a person as a prospective foster parent or a prospective adoptive parent if, within the five years
10402 immediately preceding the day on which the person would otherwise be approved or licensed,
10403 the person has been convicted of a felony involving conduct that constitutes any of the
10404 following:
10405 (i) aggravated assault, as described in Section 76-5-103 ;
10406 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5 ;
10407 (iii) mayhem, as described in Section 76-5-105 ;
10408 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
10409 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
10410 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
10411 Act;
10412 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
10413 Precursor Act; or
10414 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
10415 Section 142. Section 62A-2-121 is amended to read:
10416 62A-2-121. Access to abuse and neglect information.
10417 (1) For purposes of this section:

10418 (a) "Direct service worker" is as defined in Section 62A-5-101 .
10419 (b) "Personal care attendant" is as defined in Section 62A-3-101 .
10420 (2) With respect to a licensee, a certified local inspector applicant, a direct service
10421 worker, or a personal care attendant, the department may access only the Licensing Information
10422 System of the Division of Child and Family Services created by Section 62A-4a-1006 and
10423 juvenile court records under Subsection [ 78-3a-320 ] 78A-6-323 (6), for the purpose of:
10424 (a) (i) determining whether a person associated with a licensee, with direct access to
10425 children:
10426 (A) is listed in the Licensing Information System; or
10427 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10428 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2); and
10429 (ii) informing a licensee that a person associated with the licensee:
10430 (A) is listed in the Licensing Information System; or
10431 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10432 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2);
10433 (b) (i) determining whether a certified local inspector applicant:
10434 (A) is listed in the Licensing Information System; or
10435 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10436 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2); and
10437 (ii) informing a local government that a certified local inspector applicant:
10438 (A) is listed in the Licensing Information System; or
10439 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10440 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2);
10441 (c) (i) determining whether a direct service worker:
10442 (A) is listed in the Licensing Information System; or
10443 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10444 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2); and
10445 (ii) informing a direct service worker or the direct service worker's employer that the

10446 direct service worker:
10447 (A) is listed in the Licensing Information System; or
10448 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10449 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2); or
10450 (d) (i) determining whether a personal care attendant:
10451 (A) is listed in the Licensing Information System; or
10452 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10453 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2); and
10454 (ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
10455 personal care attendant:
10456 (A) is listed in the Licensing Information System; or
10457 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
10458 neglect under Subsections [ 78-3a-320 ] 78A-6-323 (1) and (2).
10459 (3) Notwithstanding Subsection (2), the department may access the Division of Child
10460 and Family Service's Management Information System under Section 62A-4a-1003 :
10461 (a) for the purpose of licensing and monitoring foster parents; and
10462 (b) for the purposes described in Subsection 62A-4a-1003 (1)(d).
10463 (4) After receiving identifying information for a person under Subsection
10464 62A-2-120 (1), the department shall process the information for the purposes described in
10465 Subsection (2).
10466 (5) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
10467 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
10468 may have direct access or provide services to children when:
10469 (a) the person is listed in the Licensing Information System of the Division of Child
10470 and Family Services created by Section 62A-4a-1006 ; or
10471 (b) juvenile court records show that a court made a substantiated finding under Section
10472 [ 78-3a-320 ] 78A-6-323 , that the person committed a severe type of child abuse or neglect.
10473 Section 143. Section 62A-4a-101 is amended to read:

10474 62A-4a-101. Definitions.
10475 As used in this chapter:
10476 (1) (a) "Abuse" means:
10477 (i) actual or threatened nonaccidental physical or mental harm;
10478 (ii) negligent treatment;
10479 (iii) sexual exploitation; or
10480 (iv) any sexual abuse.
10481 (b) "Abuse" does not include:
10482 (i) reasonable discipline or management of a child, including withholding privileges;
10483 (ii) conduct described in Section 76-2-401 ; or
10484 (iii) the use of reasonable and necessary physical restraint or force on a child:
10485 (A) in self-defense;
10486 (B) in defense of others;
10487 (C) to protect the child; or
10488 (D) to remove a weapon in the possession of a child for any of the reasons described in
10489 Subsections (1)(b)(iii)(A) through (C).
10490 (2) "Adoption services" means:
10491 (a) placing children for adoption;
10492 (b) subsidizing adoptions under Section 62A-4a-105 ;
10493 (c) supervising adoption placements until the adoption is finalized by the court;
10494 (d) conducting adoption studies;
10495 (e) preparing adoption reports upon request of the court; and
10496 (f) providing postadoptive placement services, upon request of a family, for the
10497 purpose of stabilizing a possible disruptive placement.
10498 (3) "Board" means the Board of Child and Family Services established in accordance
10499 with Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
10500 (4) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
10501 Children, a person under 18 years of age.

10502 (5) "Consumer" means a person who receives services offered by the division in
10503 accordance with this chapter.
10504 (6) "Chronic physical abuse" means repeated or patterned physical abuse.
10505 (7) "Chronic neglect" means a repeated or patterned failure or refusal by a parent,
10506 guardian, or custodian to provide necessary care for a child's safety, morals, or well-being.
10507 (8) "Chronic emotional abuse" means repeated or patterned emotional abuse.
10508 (9) "Custody," with regard to the division, means the custody of a minor in the division
10509 as of the date of disposition.
10510 (10) "Day-care services" means care of a child for a portion of the day which is less
10511 than 24 hours:
10512 (a) in the child's own home by a responsible person; or
10513 (b) outside of the child's home in a:
10514 (i) day-care center;
10515 (ii) family group home; or
10516 (iii) family child care home.
10517 (11) "Dependent child" or "dependency" means a child, or the condition of a child, who
10518 is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
10519 (12) "Director" means the director of the Division of Child and Family Services.
10520 (13) "Division" means the Division of Child and Family Services.
10521 (14) (a) "Domestic violence services" means:
10522 (i) temporary shelter, treatment, and related services to persons who are victims of
10523 abuse and their dependent children; and
10524 (ii) treatment services for domestic violence perpetrators.
10525 (b) As used in this Subsection (14):
10526 (i) "abuse" means the same as that term is defined in Section [ 30-6-1 ] 78B-7-102 ; and
10527 (ii) "domestic violence perpetrator" means a person who is alleged to have committed,
10528 has been convicted of, or has pled guilty to an act of domestic violence as defined in Section
10529 77-36-1 .

10530 (15) "Homemaking service" means the care of individuals in their domiciles, and help
10531 given to individual caretaker relatives to achieve improved household and family management
10532 through the services of a trained homemaker.
10533 (16) "Minor" means, except as provided in Part 7, Interstate Compact on Placement of
10534 Children:
10535 (a) a child; or
10536 (b) a person:
10537 (i) who is at least 18 years of age and younger than 21 years of age; and
10538 (ii) for whom the division has been specifically ordered by the juvenile court to provide
10539 services.
10540 (17) "Natural parent" means a minor's biological or adoptive parent, and includes a
10541 minor's noncustodial parent.
10542 (18) (a) "Neglect" means:
10543 (i) abandonment of a child, except as provided in Part 8, Safe Relinquishment of a
10544 Newborn Child;
10545 (ii) subjecting a child to mistreatment or abuse;
10546 (iii) lack of proper parental care by reason of the fault or habits of the parent, guardian,
10547 or custodian;
10548 (iv) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
10549 subsistence, education, or medical care, including surgery or psychiatric services when
10550 required, or any other care necessary for the child's health, safety, morals, or well-being; or
10551 (v) a child at risk of being neglected or abused because another child in the same home
10552 is neglected or abused.
10553 (b) The aspect of neglect relating to education, described in Subsection (18)(a)(iv),
10554 means that, after receiving notice that a child has been frequently absent from school without
10555 good cause, or that the child has failed to cooperate with school authorities in a reasonable
10556 manner, a parent or guardian fails to make a good faith effort to ensure that the child receives
10557 an appropriate education.

10558 (c) A parent or guardian legitimately practicing religious beliefs and who, for that
10559 reason, does not provide specified medical treatment for a child, is not guilty of neglect.
10560 (d) (i) Notwithstanding Subsection (18)(a), a health care decision made for a child by
10561 the child's parent or guardian does not constitute neglect unless the state or other party to the
10562 proceeding shows, by clear and convincing evidence, that the health care decision is not
10563 reasonable and informed.
10564 (ii) Nothing in Subsection (18)(d)(i) may prohibit a parent or guardian from exercising
10565 the right to obtain a second health care opinion.
10566 (19) "Protective custody," with regard to the division, means the shelter of a child by
10567 the division from the time the child is removed from the child's home until the earlier of:
10568 (a) the shelter hearing; or
10569 (b) the child's return home.
10570 (20) "Protective services" means expedited services that are provided:
10571 (a) in response to evidence of neglect, abuse, or dependency of a child;
10572 (b) to a cohabitant who is neglecting or abusing a child, in order to:
10573 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
10574 causes of neglect or abuse; and
10575 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
10576 (c) in cases where the child's welfare is endangered:
10577 (i) to bring the situation to the attention of the appropriate juvenile court and law
10578 enforcement agency;
10579 (ii) to cause a protective order to be issued for the protection of the child, when
10580 appropriate; and
10581 (iii) to protect the child from the circumstances that endanger the child's welfare
10582 including, when appropriate:
10583 (A) removal from the child's home;
10584 (B) placement in substitute care; and
10585 (C) petitioning the court for termination of parental rights.

10586 (21) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
10587 child.
10588 (22) "Shelter care" means the temporary care of a minor in a nonsecure facility.
10589 (23) "State" means:
10590 (a) a state of the United States;
10591 (b) the District of Columbia;
10592 (c) the Commonwealth of Puerto Rico;
10593 (d) the Virgin Islands;
10594 (e) Guam;
10595 (f) the Commonwealth of the Northern Mariana Islands; or
10596 (g) a territory or possession administered by the United States.
10597 (24) "Severe emotional abuse" means emotional abuse that causes or threatens to cause
10598 serious harm to a child.
10599 (25) "Severe physical abuse" means physical abuse that causes or threatens to cause
10600 serious harm to a child.
10601 (26) "State plan" means the written description of the programs for children, youth, and
10602 family services administered by the division in accordance with federal law.
10603 (27) "Status offense" means a violation of the law that would not be a violation but for
10604 the age of the offender.
10605 (28) "Substantiated" or "substantiation" means a judicial finding based on a
10606 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
10607 identified in a given case shall be considered separately in determining whether there should be
10608 a finding of substantiated.
10609 (29) "Substitute care" means:
10610 (a) the placement of a minor in a family home, group care facility, or other placement
10611 outside the minor's own home, either at the request of a parent or other responsible relative, or
10612 upon court order, when it is determined that continuation of care in the minor's own home
10613 would be contrary to the minor's welfare;

10614 (b) services provided for a minor awaiting placement; and
10615 (c) the licensing and supervision of a substitute care facility.
10616 (30) "Supported" means a finding by the division based on the evidence available at the
10617 completion of an investigation that there is a reasonable basis to conclude that abuse, neglect,
10618 or dependency occurred. Each allegation made or identified during the course of the
10619 investigation shall be considered separately in determining whether there should be a finding of
10620 supported.
10621 (31) "Temporary custody," with regard to the division, means the custody of a child in
10622 the division from the date of the shelter hearing until disposition.
10623 (32) "Transportation services" means travel assistance given to an individual with
10624 escort service, if necessary, to and from community facilities and resources as part of a service
10625 plan.
10626 (33) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
10627 conclude that abuse or neglect occurred.
10628 (34) "Unsupported" means a finding at the completion of an investigation that there is
10629 insufficient evidence to conclude that abuse, neglect, or dependency occurred. However, a
10630 finding of unsupported means also that the division worker did not conclude that the allegation
10631 was without merit.
10632 (35) "Without merit" means a finding at the completion of an investigation by the
10633 division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or
10634 that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
10635 Section 144. Section 62A-4a-102 is amended to read:
10636 62A-4a-102. Board of Child and Family Services.
10637 (1) (a) The Board of Child and Family Services, created in accordance with this section
10638 and with Sections 62A-1-105 and 62A-1-107 , is responsible for establishing by rule, under
10639 Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the policy of the division in
10640 accordance with the requirements of this chapter and Title [78] 78A, Chapter [3a] 6, Juvenile
10641 Court Act of 1996, regarding abuse, neglect, and dependency proceedings, and domestic

10642 violence services. The board is responsible to see that the legislative purposes for the division
10643 are carried out.
10644 (b) (i) The governor shall appoint, with the consent of the Senate, 12 members to the
10645 Board of Child and Family Services.
10646 (ii) Except as required by Subsection (1)(b)(iii), as terms of current board members
10647 expire, the governor shall appoint each new member or reappointed member to a four-year
10648 term.
10649 (iii) Notwithstanding the requirements of Subsection (1)(b)(ii), the governor shall, at
10650 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
10651 board members are staggered so that approximately half of the board is appointed every two
10652 years.
10653 (c) The board shall include:
10654 (i) two members who are or have been consumers;
10655 (ii) two members who are actively involved in children's issues specifically related to
10656 abuse and neglect;
10657 (iii) a licensed foster parent;
10658 (iv) a recognized expert in the social, developmental, and mental health needs of
10659 children;
10660 (v) a physician licensed to practice medicine in this state who is:
10661 (A) a board certified pediatrician; and
10662 (B) an expert in child abuse and neglect;
10663 (vi) a representative of private residential treatment facilities; and
10664 (vii) an adult relative of a child who is or has been in the foster care system.
10665 (d) Seven members of the board are necessary to constitute a quorum at any meeting.
10666 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
10667 appointed for the unexpired term.
10668 (2) (a) A member shall receive no compensation or benefits for the member's services,
10669 but may receive per diem and expenses incurred in the performance of the member's official

10670 duties at the rates established by the Division of Finance under Sections 63A-3-106 and
10671 63A-3-107 .
10672 (b) A member may decline to receive per diem and expenses for the member's service.
10673 (3) The board shall:
10674 (a) approve fee schedules for programs within the division;
10675 (b) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
10676 establish, by rule, policies to ensure that private citizens, consumers, foster parents, private
10677 contract providers, allied state and local agencies, and others are provided with an opportunity
10678 to comment and provide input regarding any new policy or proposed revision of an existing
10679 policy; and
10680 (c) provide a mechanism for:
10681 (i) systematic and regular review of existing policy; and
10682 (ii) consideration of policy changes proposed by the persons and agencies described in
10683 Subsection (3)(b).
10684 (4) (a) The board shall establish policies for the determination of eligibility for services
10685 offered by the division in accordance with this chapter.
10686 (b) The division may, by rule, establish eligibility standards for consumers.
10687 (5) The board shall adopt and maintain rules and policies regarding placement for
10688 adoption or foster care that are consistent with, and no more restrictive than, applicable
10689 statutory provisions.
10690 Section 145. Section 62A-4a-103 is amended to read:
10691 62A-4a-103. Division -- Creation -- Purpose.
10692 (1) There is created the Division of Child and Family Services within the department,
10693 under the administration and general supervision of the executive director, and under the policy
10694 direction of the board. The division is the child, youth, and family services authority of the
10695 state and has all functions, powers, duties, rights, and responsibilities created in accordance
10696 with this chapter, except those assumed by the board and the department.
10697 (2) (a) The primary purpose of the division is to provide child welfare services.

10698 (b) The division shall, when possible and appropriate, provide preventive services and
10699 family preservation services in an effort to protect the child from the trauma of separation from
10700 his family, protect the integrity of the family, and the constitutional rights of parents. In
10701 keeping with its ultimate goal and purpose of protecting children, however, when a child's
10702 welfare is endangered or reasonable efforts to maintain or reunify a child with his family have
10703 failed, the division shall act in a timely fashion in accordance with the requirements of this
10704 chapter and Title [78] 78A, Chapter [3a] 6, Part 3, Abuse, Neglect, and Dependency
10705 Proceedings, to provide the child with a stable, permanent environment.
10706 (3) The division shall also provide domestic violence services in accordance with
10707 federal law.
10708 Section 146. Section 62A-4a-105 is amended to read:
10709 62A-4a-105. Division responsibilities.
10710 The division shall:
10711 (1) administer services to minors and families, including child welfare services,
10712 domestic violence services, and all other responsibilities that the Legislature or the executive
10713 director may assign to the division;
10714 (2) establish standards for all contract providers of out-of-home care for minors and
10715 families;
10716 (3) cooperate with the federal government in the administration of child welfare and
10717 domestic violence programs and other human service activities assigned by the department;
10718 (4) provide for the compilation of relevant information, statistics, and reports on child
10719 and family service matters in the state;
10720 (5) prepare and submit to the department, the governor, and the Legislature reports of
10721 the operation and administration of the division in accordance with the requirements of
10722 Sections 62A-4a-117 and 62A-4a-118 ;
10723 (6) promote and enforce state and federal laws enacted for the protection of abused,
10724 neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
10725 accordance with the requirements of this chapter, unless administration is expressly vested in

10726 another division or department of the state. In carrying out the provisions of this Subsection
10727 (6), the division shall cooperate with the juvenile courts, the Division of Juvenile Justice
10728 Services, and with all public and private licensed child welfare agencies and institutions to
10729 develop and administer a broad range of services and supports. The division shall take the
10730 initiative in all matters involving the protection of abused or neglected children if adequate
10731 provisions have not been made or are not likely to be made, and shall make expenditures
10732 necessary for the care and protection of those children, within the division's budget;
10733 (7) provide substitute care for dependent, abused, neglected, and delinquent children,
10734 establish standards for substitute care facilities, and approve those facilities;
10735 (8) provide adoption assistance to persons adopting children with special needs under
10736 Part 9, Adoption Assistance, of this chapter. The financial support provided under this
10737 Subsection (8) may not exceed the amounts the division would provide for the child as a legal
10738 ward of the state;
10739 (9) cooperate with the Employment Development Division in the Department of
10740 Workforce Services in meeting social and economic needs of individuals eligible for public
10741 assistance;
10742 (10) conduct court-ordered home evaluations for the district and juvenile courts with
10743 regard to child custody issues. The court shall order either or both parties to reimburse the
10744 division for the cost of that evaluation, in accordance with the community rate for that service
10745 or with the department's fee schedule rate;
10746 (11) provide noncustodial and in-home preventive services, designed to prevent family
10747 breakup, family preservation services, and reunification services to families whose children are
10748 in substitute care in accordance with the requirements of this chapter and Title [78] 78A,
10749 Chapter [3a] 6, Juvenile Court Act of 1996;
10750 (12) provide protective supervision of a family, upon court order, in an effort to
10751 eliminate abuse or neglect of a child in that family;
10752 (13) establish programs and provide services to minors who have been placed in the
10753 custody of the division for reasons other than abuse or neglect, pursuant to Section

10754 62A-4a-250 ;
10755 (14) provide shelter care in accordance with the requirements of this chapter and Title
10756 [78] 78A, Chapter [3a] 6, Juvenile Court Act of 1996;
10757 (15) provide social studies and reports for the juvenile court in accordance with Section
10758 [ 78-3a-505 ] 78A-6-605 ;
10759 (16) arrange for and provide training for staff and providers involved in the
10760 administration and delivery of services offered by the division in accordance with this chapter;
10761 (17) provide domestic violence services in accordance with the requirements of federal
10762 law, and establish standards for all direct or contract providers of domestic violence services.
10763 Within appropriations from the Legislature, the division shall provide or contract for a variety
10764 of domestic violence services and treatment methods;
10765 (18) ensure regular, periodic publication, including electronic publication, regarding
10766 the number of children in the custody of the division who have a permanency goal of adoption,
10767 or for whom a final plan of termination of parental rights has been approved, pursuant to
10768 Section [ 78-3a-312 ] 78A-6-314 , and promote adoption of those children;
10769 (19) provide protective services to victims of domestic violence, as defined in Section
10770 77-36-1 , and their children, in accordance with the provisions of this chapter and of Title [78]
10771 78A, Chapter [3a] 6, Part 3, Abuse, Neglect, and Dependency Proceedings;
10772 (20) refer an individual receiving services from the division to the local substance
10773 abuse authority or other private or public resource for court-ordered drug screening test. The
10774 court shall order the individual to pay all costs of the tests unless:
10775 (a) the cost of the drug screening is specifically funded or provided for by other federal
10776 or state programs;
10777 (b) the individual is a participant in a drug court; or
10778 (c) the court finds that the individual is impecunious;
10779 (21) have authority to contract with a private, nonprofit organization to recruit and train
10780 foster care families and child welfare volunteers in accordance with Section 62A-4a-107.5 ; and
10781 (22) perform such other duties and functions as required by law.

10782 Section 147. Section 62A-4a-113 is amended to read:
10783 62A-4a-113. Division's enforcement authority -- Responsibility of attorney
10784 general to represent division.
10785 (1) The division shall take legal action that is necessary to enforce the provisions of
10786 this chapter.
10787 (2) (a) Subject to the provisions of Section 67-5-17 , the attorney general shall enforce
10788 all provisions of this chapter, in addition to the requirements of Title [78] 78A, Chapter [3a] 6,
10789 Juvenile Court Act of 1996, relating to protection and custody of abused, neglected, or
10790 dependent minors. The attorney general may contract with the local county attorney to enforce
10791 the provisions of this chapter and Title [78] 78A, Chapter [3a] 6, Juvenile Court Act of 1996.
10792 (b) It is the responsibility of the attorney general's office to:
10793 (i) advise the division regarding decisions to remove a minor from the minor's home;
10794 (ii) represent the division in all court and administrative proceedings related to child
10795 abuse, neglect, and dependency including, but not limited to, shelter hearings, dispositional
10796 hearings, dispositional review hearings, periodic review hearings, and petitions for termination
10797 of parental rights; and
10798 (iii) be available to and advise caseworkers on an ongoing basis.
10799 (c) The attorney general shall designate no less than 16 full-time attorneys to advise
10800 and represent the division in abuse, neglect, and dependency proceedings, including petitions
10801 for termination of parental rights. Those attorneys shall devote their full time and attention to
10802 that representation and, insofar as it is practicable, shall be housed in or near various offices of
10803 the division statewide.
10804 (3) As of July 1, 1998, the attorney general's office shall represent the division with
10805 regard to actions involving minors who have not been adjudicated as abused or neglected, but
10806 who are otherwise committed to the custody of the division by the juvenile court, and who are
10807 classified in the division's management information system as having been placed in custody
10808 primarily on the basis of delinquent behavior or a status offense. Nothing in this section may
10809 be construed to affect the responsibility of the county attorney or district attorney to represent

10810 the state in those matters, in accordance with Section [ 78-3a-116 ] 78A-6-115 .
10811 Section 148. Section 62A-4a-114 is amended to read:
10812 62A-4a-114. Financial reimbursement by parent or legal guardian.
10813 (1) The division shall seek reimbursement of funds it has expended on behalf of a child
10814 in the protective custody, temporary custody, or custody of the division, from the child's
10815 parents or legal guardians in accordance with an order for child support under Section
10816 [ 78-3a-906 ] 78A-6-1106 .
10817 (2) A parent or any other obligated person is not responsible for support for periods of
10818 time that a child is removed upon a finding by the Juvenile Court that there were insufficient
10819 grounds for that removal and that child is returned to the home of the parent, parents, or legal
10820 guardians based upon that finding.
10821 (3) In the event that the Juvenile Court finds that there were insufficient grounds for
10822 the initial removal, but that the child is to remain in the custody of the state, the Juvenile Court
10823 shall order that the parents or any other obligated persons are responsible for support from the
10824 point at which it became improper to return the child to the home of his or her parent, parents,
10825 or legal guardians.
10826 (4) The attorney general shall represent the division in any legal action taken to enforce
10827 this section.
10828 Section 149. Section 62A-4a-118 is amended to read:
10829 62A-4a-118. Annual review of child welfare referrals and cases by executive
10830 director -- Accountability to the Legislature -- Review by legislative auditor general.
10831 (1) The division shall use principles of quality management systems, including
10832 statistical measures of processes of service, and the routine reporting of performance data to
10833 employees.
10834 (2) (a) In addition to development of quantifiable outcome measures and performance
10835 measures in accordance with Section 62A-4a-117 , the executive director, or his designee, shall
10836 annually review a randomly selected sample of child welfare referrals to and cases handled by
10837 the division. The purpose of that review shall be to assess whether the division is adequately

10838 protecting children and providing appropriate services to families, in accordance with the
10839 provisions of Title 62A, Chapter 4a, Child and Family Services, and Title [78] 78A, Chapter
10840 [3a] 6, Part 3, Abuse, Neglect, and Dependency Proceedings, and Part [4] 5, Termination of
10841 Parental Rights Act. The review shall focus directly on the outcome of cases to children and
10842 families, and not simply on procedural compliance with specified criteria.
10843 (b) The executive director shall report, regarding his review of those cases, to the
10844 legislative auditor general and the Child Welfare Legislative Oversight Panel.
10845 (c) Information obtained as a result of the review shall be provided to caseworkers,
10846 supervisors, and division personnel involved in the respective cases, for purposes of education,
10847 training, and performance evaluation.
10848 (3) The executive director's review and report to the Legislature shall include:
10849 (a) the criteria used by the executive director, or his designee, in making the
10850 evaluation;
10851 (b) findings regarding whether state statutes, division policy, and legislative policy
10852 were followed in each sample case;
10853 (c) findings regarding whether, in each sample case, referrals, removals, or cases were
10854 appropriately handled by the division and its employees, and whether children were adequately
10855 and appropriately protected and appropriate services provided to families, in accordance with
10856 the provisions of Title 62A, Chapter 4a, Child and Family Services, Title [78] 78A, Chapter
10857 [3a] 6, Part 3, Abuse, Neglect, and Dependency Proceedings, and Part [4] 5, Termination of
10858 Parental Rights Act, and division policy;
10859 (d) an assessment of the division's intake procedures and decisions, including an
10860 assessment of the appropriateness of decisions not to accept referrals; and
10861 (e) an assessment of the appropriateness of the division's assignment of priority.
10862 (4) (a) In addition to the review conducted by the executive director, beginning July 1,
10863 2004, the legislative auditor general shall audit a sample of child welfare referrals to and cases
10864 handled by the division and report his findings to the Child Welfare Legislative Oversight
10865 Panel.

10866 (b) An audit under Subsection (4)(a) shall be conducted at least once every three years,
10867 but may be conducted more frequently pursuant to Subsection (4)(d).
10868 (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
10869 General's report may include:
10870 (i) findings regarding whether state statutes, division policy, and legislative policy were
10871 followed by the division and its employees;
10872 (ii) a determination regarding whether referrals, removals, and cases were appropriately
10873 handled by the division and its employees, and whether children were adequately and
10874 appropriately protected and appropriate services provided for families, in accordance with the
10875 provisions of Title 62A, Chapter 4a, Child and Family Services, Title [78] 78A, Chapter [3a] 6,
10876 Part 3, Abuse, Neglect, and Dependency Proceedings, and Part [4] 5, Termination of Parental
10877 Rights Act, and division policy;
10878 (iii) an assessment of the division's intake procedures and decisions, including an
10879 assessment of the appropriateness of decisions not to accept referrals;
10880 (iv) an assessment of the appropriateness of the division's assignment of priority;
10881 (v) a determination regarding whether the department's review process is effecting
10882 beneficial change within the division and accomplishing the mission established by the
10883 Legislature and the department for that review process; and
10884 (vi) findings regarding any other issues identified by the auditor or others under
10885 Subsection (4)(d).
10886 (d) An audit under Subsection (4)(a) may be initiated by:
10887 (i) the Audit Subcommittee of the Legislative Management Committee;
10888 (ii) the Child Welfare Legislative Oversight Panel; or
10889 (iii) the Legislative Auditor General, based on the results of the executive director's
10890 review under Subsection (2).
10891 Section 150. Section 62A-4a-201 is amended to read:
10892 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
10893 state.

10894 (1) (a) Under both the United States Constitution and the constitution of this state, a
10895 parent possesses a fundamental liberty interest in the care, custody, and management of the
10896 parent's children. A fundamentally fair process must be provided to parents if the state moves
10897 to challenge or interfere with parental rights. A governmental entity must support any actions
10898 or allegations made in opposition to the rights and desires of a parent regarding the parent's
10899 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
10900 protection against government interference with the parent's fundamental rights and liberty
10901 interests.
10902 (b) The fundamental liberty interest of a parent concerning the care, custody, and
10903 management of the parent's children is recognized, protected, and does not cease to exist
10904 simply because a parent may fail to be a model parent or because the parent's child is placed in
10905 the temporary custody of the state. At all times, a parent retains a vital interest in preventing
10906 the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
10907 action in relation to parents and their children may not exceed the least restrictive means or
10908 alternatives available to accomplish a compelling state interest. Until the state proves parental
10909 unfitness, the child and the child's parents share a vital interest in preventing erroneous
10910 termination of their natural relationship and the state cannot presume that a child and the child's
10911 parents are adversaries.
10912 (c) It is in the best interest and welfare of a child to be raised under the care and
10913 supervision of the child's natural parents. A child's need for a normal family life in a
10914 permanent home, and for positive, nurturing family relationships will usually best be met by
10915 the child's natural parents. Additionally, the integrity of the family unit, and the right of parents
10916 to conceive and raise their children have found protection in the due process clause of the
10917 Fourteenth Amendment to the United States Constitution. The right of a fit, competent parent
10918 to raise the parent's child without undue government interference is a fundamental liberty
10919 interest that has long been protected by the laws and Constitution of this state and of the United
10920 States.
10921 (d) The state recognizes that:

10922 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
10923 train, educate, provide for, and reasonably discipline the parent's children; and
10924 (ii) the state's role is secondary and supportive to the primary role of a parent.
10925 (e) It is the public policy of this state that parents retain the fundamental right and duty
10926 to exercise primary control over the care, supervision, upbringing, and education of their
10927 children.
10928 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
10929 Subsection (1).
10930 (2) It is also the public policy of this state that children have the right to protection
10931 from abuse and neglect, and that the state retains a compelling interest in investigating,
10932 prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title [78] 78A,
10933 Chapter [3a] 6, Juvenile Court Act of 1996. Therefore, the state, as parens patriae, has an
10934 interest in and responsibility to protect children whose parents abuse them or do not adequately
10935 provide for their welfare. There may be circumstances where a parent's conduct or condition is
10936 a substantial departure from the norm and the parent is unable or unwilling to render safe and
10937 proper parental care and protection. Under those circumstances, the state may take action for
10938 the welfare and protection of the parent's children.
10939 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
10940 it shall take into account the child's need for protection from immediate harm. Throughout its
10941 involvement, the division shall utilize the least intrusive and least restrictive means available to
10942 protect a child, in an effort to ensure that children are brought up in stable, permanent families,
10943 rather than in temporary foster placements under the supervision of the state.
10944 (4) When circumstances within the family pose a threat to the child's immediate safety
10945 or welfare, the division may obtain custody of the child for a planned period and place the child
10946 in a safe environment, in accordance with the requirements of Title [78] 78A, Chapter [3a] 6,
10947 Part 3, Abuse, Neglect, and Dependency Proceedings.
10948 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
10949 the provisions of Section 62A-4a-203 , both the division's and the court's paramount concern

10950 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child
10951 shall be given full and serious consideration by the division and the court.
10952 (6) In cases where actual sexual abuse, abandonment, or serious physical abuse or
10953 neglect are established, the state has no duty to make "reasonable efforts" or to, in any other
10954 way, attempt to maintain a child in the child's home, provide reunification services, or to
10955 attempt to rehabilitate the offending parent or parents. This Subsection (6) does not exempt the
10956 division from providing court-ordered services.
10957 (7) (a) It is the division's obligation, under federal law, to achieve permanency for
10958 children who are abused, neglected, or dependent. If the use or continuation of "reasonable
10959 efforts," as described in Subsections (5) and (6), is determined to be inconsistent with the
10960 permanency plan for a child, then measures shall be taken, in a timely manner, to place the
10961 child in accordance with the permanency plan, and to complete whatever steps are necessary to
10962 finalize the permanent placement of the child.
10963 (b) If, because of his conduct or condition, a parent is determined to be unfit or
10964 incompetent based on the grounds for termination of parental rights described in Title [78]
10965 78A, Chapter [3a] 6, Part [4] 5, Termination of Parental Rights Act, the welfare and best
10966 interest of the child is of paramount importance, and shall govern in determining whether that
10967 parent's rights should be terminated.
10968 (8) The state's right to direct or intervene in the provision of medical or mental health
10969 care for a child is subject to Subsection [ 78-3a-118 ] 78A-6-117 (2)(n).
10970 Section 151. Section 62A-4a-202.1 is amended to read:
10971 62A-4a-202.1. Entering home of a child -- Taking a child into protective custody
10972 -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or
10973 emergency placement.
10974 (1) A peace officer or child welfare worker may not enter the home of a child who is
10975 not under the jurisdiction of the court, remove a child from the child's home or school, or take a
10976 child into protective custody unless authorized under Subsection [ 78-3a-106 ] 78A-6-106 (2).
10977 (2) A child welfare worker within the division may take action under Subsection (1)

10978 accompanied by a peace officer, or without a peace officer when a peace officer is not
10979 reasonably available.
10980 (3) (a) If possible, consistent with the child's safety and welfare, before taking a child
10981 into protective custody, the child welfare worker shall also determine whether there are
10982 services available that, if provided to a parent or guardian of the child, would eliminate the
10983 need to remove the child from the custody of the child's parent or guardian.
10984 (b) If the services described in Subsection (3)(a) are reasonably available, they shall be
10985 utilized.
10986 (c) In determining whether the services described in Subsection (3)(a) are reasonably
10987 available, and in making reasonable efforts to provide those services, the child's health, safety,
10988 and welfare shall be the child welfare worker's paramount concern.
10989 (4) (a) A child removed or taken into custody under this section may not be placed or
10990 kept in a secure detention facility pending court proceedings unless the child is detainable
10991 based on guidelines promulgated by the Division of Juvenile Justice Services.
10992 (b) A child removed from the custody of the child's parent or guardian but who does
10993 not require physical restriction shall be given temporary care in:
10994 (i) a shelter facility; or
10995 (ii) an emergency placement in accordance with Section 62A-4a-209 .
10996 Section 152. Section 62A-4a-202.2 is amended to read:
10997 62A-4a-202.2. Notice upon removal of child -- Locating noncustodial parent --
10998 Written statement of procedural rights and preliminary proceedings.
10999 (1) (a) Any peace officer or caseworker who takes a child into protective custody
11000 pursuant to Section 62A-4a-202.1 shall immediately use reasonable efforts to locate and
11001 inform, through the most efficient means available, the parents, including a noncustodial
11002 parent, the guardian, or responsible relative:
11003 (i) that the child has been taken into protective custody;
11004 (ii) the reasons for removal and placement of the child in protective custody;
11005 (iii) that a written statement is available that explains:

11006 (A) the parent's or guardian's procedural rights; and
11007 (B) the preliminary stages of the investigation and shelter hearing;
11008 (iv) of a telephone number where the parent or guardian may access further
11009 information;
11010 (v) that the child and the child's parent or guardian are entitled to have an attorney
11011 present at the shelter hearing;
11012 (vi) that if the child's parent or guardian is impecunious and desires to have an attorney,
11013 one will be provided; and
11014 (vii) that resources are available to assist the child's parent or guardian, including:
11015 (A) a parent advocate;
11016 (B) a qualified attorney; or
11017 (C) potential expert witnesses to testify on behalf of the:
11018 (I) child;
11019 (II) child's parent;
11020 (III) child's guardian; or
11021 (IV) child's family.
11022 (b) For purposes of locating and informing the noncustodial parent as required in
11023 Subsection (1)(a), the division shall search for the noncustodial parent through the national
11024 parent locator database if the division is unable to locate the noncustodial parent through other
11025 reasonable efforts.
11026 (2) (a) The Office of the Attorney General shall adopt, print, and distribute a form for
11027 the written statement described in Subsection (1)(a)(iii).
11028 (b) The statement described in Subsections (1)(a)(iii) and (2)(a) shall:
11029 (i) be made available to the division and for distribution in:
11030 (A) schools;
11031 (B) health care facilities;
11032 (C) local police and sheriff's offices;
11033 (D) the division; and

11034 (E) any other appropriate office within the Department of Human Services;
11035 (ii) be in simple language; and
11036 (iii) include at least the following information:
11037 (A) the conditions under which a child may be released;
11038 (B) hearings that may be required;
11039 (C) the means by which the parent or guardian may access further specific information
11040 about a child's case and conditions of protective and temporary custody; and
11041 (D) the rights of a child and of the parent or guardian to legal counsel and to appeal.
11042 (3) If reasonable efforts are made by the peace officer or caseworker to notify the
11043 parent or guardian or a responsible relative in accordance with the requirements of Subsection
11044 (1), failure to notify:
11045 (a) shall be considered to be due to circumstances beyond the control of the peace
11046 officer or caseworker; and
11047 (b) may not be construed to:
11048 (i) permit a new defense to any juvenile or judicial proceeding; or
11049 (ii) interfere with any rights, procedures, or investigations provided for by this chapter
11050 or Title [78] 78A, Chapter [3a] 6, Juvenile Court Act of 1996.
11051 Section 153. Section 62A-4a-202.3 is amended to read:
11052 62A-4a-202.3. Investigation -- Supported or unsupported reports -- Child in
11053 protective custody.
11054 (1) When a child is taken into protective custody in accordance with Section
11055 62A-4a-202.1 , [ 78-3a-106 ] 78A-6-106 , or [ 78-3a-301 ] 78A-6-302 , or when the division takes
11056 any other action which would require a shelter hearing under Subsection [ 78-3a-306 ]
11057 78A-6-306 (1), the division shall immediately initiate an investigation of the:
11058 (a) circumstances of the child; and
11059 (b) grounds upon which the decision to place the child into protective custody was
11060 made.
11061 (2) The division's investigation shall conform to reasonable professional standards, and

11062 shall include:
11063 (a) a search for and review of any records of past reports of abuse or neglect involving:
11064 (i) the same child;
11065 (ii) any sibling or other child residing in the same household as the child; and
11066 (iii) the alleged perpetrator;
11067 (b) with regard to a child who is five years of age or older, a personal interview with
11068 the child:
11069 (i) outside of the presence of the alleged perpetrator; and
11070 (ii) conducted in accordance with the requirements of Subsection (7);
11071 (c) if a parent or guardian can be located, an interview with at least one of the child's
11072 parents or guardian;
11073 (d) an interview with the person who reported the abuse, unless the report was made
11074 anonymously;
11075 (e) where possible and appropriate, interviews with other third parties who have had
11076 direct contact with the child, including:
11077 (i) school personnel; and
11078 (ii) the child's health care provider;
11079 (f) an unscheduled visit to the child's home, unless:
11080 (i) there is a reasonable basis to believe that the reported abuse was committed by a
11081 person who:
11082 (A) is not the child's parent; and
11083 (B) does not:
11084 (I) live in the child's home; or
11085 (II) otherwise have access to the child in the child's home; or
11086 (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
11087 (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
11088 failure to meet the child's medical needs, a medical examination, obtained no later than 24
11089 hours after the child is placed in protective custody.

11090 (3) The division may rely on a written report of a prior interview rather than
11091 conducting an additional interview, if:
11092 (a) law enforcement:
11093 (i) previously conducted a timely and thorough investigation regarding the alleged
11094 abuse, neglect, or dependency; and
11095 (ii) produced a written report;
11096 (b) the investigation described in Subsection (3)(a)(i) included one or more of the
11097 interviews required by Subsection (2); and
11098 (c) the division finds that an additional interview is not in the best interest of the child.
11099 (4) (a) The division's determination of whether a report is supported or unsupported
11100 may be based on the child's statements alone.
11101 (b) Inability to identify or locate the perpetrator may not be used by the division as a
11102 basis for:
11103 (i) determining that a report is unsupported; or
11104 (ii) closing the case.
11105 (c) The division may not determine a case to be unsupported or identify a case as
11106 unsupported solely because the perpetrator was an out-of-home perpetrator.
11107 (d) Decisions regarding whether a report is supported, unsupported, or without merit
11108 shall be based on the facts of the case at the time the report was made.
11109 (5) The division should maintain protective custody of the child if it finds that one or
11110 more of the following conditions exist:
11111 (a) the child does not have a natural parent, guardian, or responsible relative who is
11112 able and willing to provide safe and appropriate care for the child;
11113 (b) (i) shelter of the child is a matter of necessity for the protection of the child; and
11114 (ii) there are no reasonable means by which the child can be protected in:
11115 (A) the child's home; or
11116 (B) the home of a responsible relative;
11117 (c) there is substantial evidence that the parent or guardian is likely to flee the

11118 jurisdiction of the court; or
11119 (d) the child has left a previously court ordered placement.
11120 (6) (a) Within 24 hours after receipt of a child into protective custody, excluding
11121 weekends and holidays, the division shall:
11122 (i) convene a child protection team to review the circumstances regarding removal of
11123 the child from the child's home or school; and
11124 (ii) prepare the testimony and evidence that will be required of the division at the
11125 shelter hearing, in accordance with Section [ 78-3a-306 ] 78A-6-306 .
11126 (b) The child protection team described in Subsection (6)(a)(i) shall include:
11127 (i) the caseworker assigned to the case;
11128 (ii) the caseworker who made the decision to remove the child;
11129 (iii) a representative of the school or school district where the child attends school;
11130 (iv) the peace officer who removed the child from the home;
11131 (v) a representative of the appropriate Children's Justice Center, if one is established
11132 within the county where the child resides;
11133 (vi) if appropriate, and known to the division, a therapist or counselor who is familiar
11134 with the child's circumstances; and
11135 (vii) any other individuals determined appropriate and necessary by the team
11136 coordinator and chair.
11137 (c) At the 24-hour meeting, the division shall have available for review and
11138 consideration the complete child protective services and foster care history of the child and the
11139 child's parents and siblings.
11140 (7) (a) After receipt of a child into protective custody and prior to the adjudication
11141 hearing, all investigative interviews with the child that are initiated by the division shall be:
11142 (i) except as provided in Subsection (7)(b), audio or video taped; and
11143 (ii) except as provided in Subsection (7) (c), conducted with a support person of the
11144 child's choice present.
11145 (b) (i) Subject to Subsection (7)(b)(ii), an interview described in Subsection (7)(a) may

11146 be conducted without being taped if the child:
11147 (A) is at least nine years old;
11148 (B) refuses to have the interview audio taped; and
11149 (C) refuses to have the interview video taped.
11150 (ii) If, pursuant to Subsection (7)(b)(i), an interview is conducted without being taped,
11151 the child's refusal shall be documented, as follows:
11152 (A) the interviewer shall attempt to get the child's refusal on tape, including the reasons
11153 for the refusal; or
11154 (B) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
11155 interviewer shall:
11156 (I) state on the tape that the child is present, but has refused to have the interview,
11157 refusal, or the reasons for the refusal taped; or
11158 (II) if complying with Subsection (7)(b)(ii)(B)(I) will result in the child, who would
11159 otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall
11160 document, in writing, that the child refused to allow the interview to be taped and the reasons
11161 for that refusal.
11162 (iii) The division shall track the number of interviews under this Subsection (7) that are
11163 not taped, and the number of refusals that are not taped, for each interviewer, in order to
11164 determine whether a particular interviewer has a higher incidence of refusals, or taped refusals,
11165 than other interviewers.
11166 (c) (i) Notwithstanding Subsection (7)(a)(ii), the support person who is present for an
11167 interview of a child may not be an alleged perpetrator.
11168 (ii) Subsection (7)(a)(ii) does not apply if the child refuses to have a support person
11169 present during the interview.
11170 (iii) If a child described in Subsection (7)(c)(ii) refuses to have a support person
11171 present in the interview, the interviewer shall document, in writing, the refusal and the reasons
11172 for the refusal.
11173 (iv) The division shall track the number of interviews under this Subsection (7) where

11174 a child refuses to have a support person present for each interviewer, in order to determine
11175 whether a particular interviewer has a higher incidence of refusals than other interviewers.
11176 (8) The division shall cooperate with law enforcement investigations regarding the
11177 alleged perpetrator.
11178 (9) The division may not close an investigation solely on the grounds that the division
11179 investigator is unable to locate the child until all reasonable efforts have been made to locate
11180 the child and family members including:
11181 (a) visiting the home at times other than normal work hours;
11182 (b) contacting local schools;
11183 (c) contacting local, county, and state law enforcement agencies; and
11184 (d) checking public assistance records.
11185 Section 154. Section 62A-4a-202.4 is amended to read:
11186 62A-4a-202.4. Access to criminal background information.
11187 (1) For purposes of background screening and investigation of child abuse under this
11188 chapter and Title [78] 78A, Chapter [3a] 6, Part 3, Abuse, Neglect, and Dependency
11189 Proceedings, the division shall have direct access to criminal background information
11190 maintained pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
11191 (2) The division and the Office of the Guardian Ad Litem Director are also authorized
11192 to request the Department of Public Safety to conduct a complete Federal Bureau of
11193 Investigation criminal background check through the national criminal history system (NCIC).
11194 Section 155. Section 62A-4a-202.6 is amended to read:
11195 62A-4a-202.6. Child protective services investigators within the Office of
11196 Attorney General -- Authority.
11197 (1) (a) Pursuant to Section 67-5-16 the attorney general may employ, with the consent
11198 of the division, child protective services investigators to investigate reports of abuse or neglect
11199 of a child that occur while the child is in the custody of the division.
11200 (b) (i) Under the direction of the Board of Child and Family Services, the division
11201 shall, in accordance with Subsection 62A-4a-409 (5), contract with an independent child

11202 protective service investigator to investigate reports of abuse or neglect of a child that occur
11203 while the child is in the custody of the division.
11204 (ii) The executive director of the department shall designate an entity within the
11205 department, other than the division, to monitor the contract for the investigators described in
11206 Subsection (1)(b)(i).
11207 (2) The investigators described in Subsection (1) may also investigate allegations of
11208 abuse or neglect of a child by a department employee or a licensed substitute care provider.
11209 (3) The investigators described in Subsection (1), if not peace officers, shall have the
11210 same rights, duties, and authority of a child protective services investigator employed by the
11211 division to:
11212 (a) make a thorough investigation upon receiving either an oral or written report of
11213 alleged abuse or neglect of a child, with the primary purpose of that investigation being the
11214 protection of the child;
11215 (b) make an inquiry into the child's home environment, emotional, or mental health, the
11216 nature and extent of the child's injuries, and the child's physical safety;
11217 (c) make a written report of their investigation, including determination regarding
11218 whether the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and
11219 forward a copy of that report to the division within the time mandates for investigations
11220 established by the division;
11221 (d) immediately consult with school authorities to verify the child's status in
11222 accordance with Sections 53A-11-101 through 53A-11-103 when a report is based upon or
11223 includes an allegation of educational neglect;
11224 (e) enter upon public or private premises, using appropriate legal processes, to
11225 investigate reports of alleged child abuse or neglect; and
11226 (f) take a child into protective custody, and deliver the child to a law enforcement
11227 officer, or to the division. Control and jurisdiction over the child shall be determined by the
11228 provisions of Title 62A, Chapter 4a, Part 2, Child Welfare Services, Title [78] 78A, Chapter
11229 [3a] 6, Juvenile Court Act of 1996, and as otherwise provided by law.

11230 Section 156. Section 62A-4a-202.8 is amended to read:
11231 62A-4a-202.8. Child protection team meeting -- Timing.
11232 (1) Subject to Subsection (2), if the division files a petition under Section [ 78-3a-305 ]
11233 78A-6-304 , the division shall convene a child protection team meeting to:
11234 (a) review the circumstances of the filing of the petition; and
11235 (b) develop or review implementation of a safety plan to protect the child from further
11236 abuse, neglect, or dependency.
11237 (2) The child protection team meeting required under Subsection (1) shall be held
11238 within the shorter of:
11239 (a) 14 days of the day on which the petition is filed under Section [ 78-3a-305 ]
11240 78A-6-304 if the conditions of Subsection (2)(b) or (c) are not met;
11241 (b) 24 hours of the filing of the petition under Section [ 78-3a-305 ] 78A-6-304 ,
11242 excluding weekends and holidays, if the child who is the subject of the petition will likely be
11243 taken into protective custody unless there is an expedited hearing and services ordered under
11244 the protective supervision of the court; or
11245 (c) 24 hours after receipt of a child into protective custody, excluding weekends and
11246 holidays, if the child is taken into protective custody as provided in Section 62A-4a-202.3 .
11247 (3) The child protection team shall include as many persons under Subsection
11248 62A-4a-202.3 (6)(b) as appropriate.
11249 (4) At its meeting the child protection team shall review the complete child protective
11250 services and foster care history of the child and the child's parents and siblings.
11251 Section 157. Section 62A-4a-203 is amended to read:
11252 62A-4a-203. Removal of a child from home -- Reasonable efforts to maintain
11253 child in home -- Exception -- Reasonable efforts for reunification.
11254 (1) Because removal of a child from the child's home affects protected, constitutional
11255 rights of the parent and has a dramatic, long-term impact on a child, the division shall:
11256 (a) when possible and appropriate, without danger to the child's welfare, make
11257 reasonable efforts to prevent or eliminate the need for removal of a child from the child's home

11258 prior to placement in substitute care;
11259 (b) determine whether there is substantial cause to believe that a child has been or is in
11260 danger of abuse or neglect, in accordance with the guidelines described in Title [78] 78A,
11261 Chapter [3a] 6, Part 3, Abuse, Neglect, and Dependency Proceedings, prior to removing the
11262 child from the child's home; and
11263 (c) when it is possible and appropriate, and in accordance with the limitations and
11264 requirements of Sections [ 78-3a-311 ] 78A-6-312 and [ 78-3a-312 ] 78A-6-314 , make reasonable
11265 efforts to make it possible for a child in substitute care to return to the child's home.
11266 (2) (a) In determining the reasonableness of efforts needed to maintain a child in the
11267 child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or
11268 (c), the child's health, safety, and welfare shall be the paramount concern.
11269 (b) The division shall consider whether the efforts described in Subsections (1) and (2)
11270 are likely to prevent abuse or continued neglect of the child.
11271 (3) When removal and placement in substitute care is necessary to protect a child, the
11272 efforts described in Subsections (1) and (2):
11273 (a) are not reasonable or appropriate; and
11274 (b) should not be utilized.
11275 (4) Subject to Subsection (5), in cases where sexual abuse, abandonment, or serious
11276 physical abuse or neglect are involved, the state has no duty to make reasonable efforts to, in
11277 any way, attempt to:
11278 (a) maintain a child in the child's home;
11279 (b) provide reunification services; or
11280 (c) rehabilitate the offending parent or parents.
11281 (5) Nothing in Subsection (4) exempts the division from providing court ordered
11282 services.
11283 Section 158. Section 62A-4a-203.5 is amended to read:
11284 62A-4a-203.5. Mandatory petition for termination of parental rights.
11285 (1) For purposes of this section, "abandoned infant" means a child who is 12 months of

11286 age or younger whose parent or parents:
11287 (a) although having legal custody of the child, fail to maintain physical custody of the
11288 child without making arrangements for the care of the child;
11289 (b) have failed to maintain physical custody, and have failed to exhibit the normal
11290 interest of a natural parent without just cause; or
11291 (c) are unwilling to have physical custody of the child.
11292 (2) Except as provided in Subsection (3), notwithstanding any other provision of this
11293 chapter or of Title [78] 78A, Chapter [3a] 6, Juvenile Court Act of 1996, the division shall file
11294 a petition for termination of parental rights with regard to:
11295 (a) an abandoned infant; or
11296 (b) a parent, whenever a court has determined that the parent has:
11297 (i) committed murder or child abuse homicide of another child of that parent;
11298 (ii) committed manslaughter of another child of that parent;
11299 (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
11300 homicide, or manslaughter against another child of that parent; or
11301 (iv) committed a felony assault or abuse that has resulted in serious physical injury to
11302 another child of that parent, or to the other parent of that child.
11303 (3) The division is not required to file a petition for termination of parental rights under
11304 Subsection (2) if:
11305 (a) the child is being cared for by a relative;
11306 (b) the division has:
11307 (i) documented in the child's child and family plan a compelling reason for determining
11308 that filing a petition for termination of parental rights is not in the child's best interest; and
11309 (ii) made that child and family plan available to the court for its review; or
11310 (c) (i) the court has previously determined, in accordance with the provisions and
11311 limitations of Sections 62A-4a-201 , 62A-4a-203 , [ 78-3a-306 ] 78A-6-306 , and [ 78-3a-311 ]
11312 78A-6-312 , that reasonable efforts to reunify the child with the child's parent or parents were
11313 required; and

11314 (ii) the division has not provided, within the time period specified in the child and
11315 family plan, services that had been determined to be necessary for the safe return of the child.
11316 Section 159. Section 62A-4a-205 is amended to read:
11317 62A-4a-205. Child and family plan -- Parent-time.
11318 (1) No more than 45 days after a child enters the temporary custody of the division, the
11319 child's child and family plan shall be finalized.
11320 (2) (a) The division shall use an interdisciplinary team approach in developing each
11321 child and family plan.
11322 (b) The interdisciplinary team described in Subsection (2)(a) shall include, but is not
11323 limited to, representatives from the following fields:
11324 (i) mental health;
11325 (ii) education; and
11326 (iii) if appropriate, law enforcement.
11327 (3) (a) The division shall involve all of the following in the development of a child's
11328 child and family plan:
11329 (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
11330 (ii) the child;
11331 (iii) the child's foster parents; and
11332 (iv) if appropriate, the child's stepparent.
11333 (b) In relation to all information considered by the division in developing a child and
11334 family plan, additional weight and attention shall be given to the input of the child's natural and
11335 foster parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
11336 (c) (i) The division shall make a substantial effort to develop a child and family plan
11337 with which the child's parents agree.
11338 (ii) If a parent does not agree with a child and family plan:
11339 (A) the division shall strive to resolve the disagreement between the division and the
11340 parent; and
11341 (B) if the disagreement is not resolved, the division shall inform the court of the

11342 disagreement.
11343 (4) A copy of the child and family plan shall, immediately upon completion, or as soon
11344 as reasonably possible thereafter, be provided to the:
11345 (a) guardian ad litem;
11346 (b) child's natural parents; and
11347 (c) child's foster parents.
11348 (5) Each child and family plan shall:
11349 (a) specifically provide for the safety of the child, in accordance with federal law; and
11350 (b) clearly define what actions or precautions will, or may be, necessary to provide for
11351 the health, safety, protection, and welfare of the child.
11352 (6) The child and family plan shall set forth, with specificity, at least the following:
11353 (a) the reason the child entered into the custody of the division;
11354 (b) documentation of the:
11355 (i) reasonable efforts made to prevent placement of the child in the custody of the
11356 division; or
11357 (ii) emergency situation that existed and that prevented the reasonable efforts described
11358 in Subsection (6)(b)(i), from being made;
11359 (c) the primary permanency goal for the child and the reason for selection of that goal;
11360 (d) the concurrent permanency goal for the child and the reason for the selection of that
11361 goal;
11362 (e) if the plan is for the child to return to the child's family:
11363 (i) specifically what the parents must do in order to enable the child to be returned
11364 home;
11365 (ii) specifically how the requirements described in Subsection (6)(e)(i) may be
11366 accomplished; and
11367 (iii) how the requirements described in Subsection (6)(e)(i) will be measured;
11368 (f) the specific services needed to reduce the problems that necessitated placing the
11369 child in the division's custody;

11370 (g) the name of the person who will provide for and be responsible for case
11371 management;
11372 (h) subject to Subsection (10), a parent-time schedule between the natural parent and
11373 the child;
11374 (i) subject to Subsection (7), the health and mental health care to be provided to
11375 address any known or diagnosed mental health needs of the child;
11376 (j) if residential treatment rather than a foster home is the proposed placement, a
11377 requirement for a specialized assessment of the child's health needs including an assessment of
11378 mental illness and behavior and conduct disorders; and
11379 (k) social summaries that include case history information pertinent to case planning.
11380 (7) (a) Subject to Subsection (7)(b), in addition to the information required under
11381 Subsection (6)(i), the plan shall include a specialized assessment of the medical and mental
11382 health needs of a child, if the child:
11383 (i) is placed in residential treatment; and
11384 (ii) has medical or mental health issues that need to be addressed.
11385 (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
11386 medical or mental health diagnosis of the parent's child from a licensed practitioner of the
11387 parent's choice.
11388 (8) (a) Each child and family plan shall be specific to each child and the child's family,
11389 rather than general.
11390 (b) The division shall train its workers to develop child and family plans that comply
11391 with:
11392 (i) federal mandates; and
11393 (ii) the specific needs of the particular child and the child's family.
11394 (c) All child and family plans and expectations shall be individualized and contain
11395 specific time frames.
11396 (d) Subject to Subsection (8)(h), child and family plans shall address problems that:
11397 (i) keep a child in placement; and

11398 (ii) keep a child from achieving permanence in the child's life.
11399 (e) Each child and family plan shall be designed to minimize disruption to the normal
11400 activities of the child's family, including employment and school.
11401 (f) In particular, the time, place, and amount of services, hearings, and other
11402 requirements ordered by the court in the child and family plan shall be designed, as much as
11403 practicable, to help the child's parents maintain or obtain employment.
11404 (g) The child's natural parents, foster parents, and where appropriate, stepparents, shall
11405 be kept informed of and supported to participate in important meetings and procedures related
11406 to the child's placement.
11407 (h) For purposes of Subsection (8)(d), a child and family plan may only include
11408 requirements that:
11409 (i) address findings made by the court; or
11410 (ii) (A) are requested or consented to by a parent or guardian of the child; and
11411 (B) are agreed to by the division and the guardian ad litem.
11412 (9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
11413 years of age or younger, if the goal is not to return the child home, the permanency plan for that
11414 child shall be adoption.
11415 (b) Notwithstanding Subsection (9)(a), if the division documents to the court that there
11416 is a compelling reason that adoption, reunification, guardianship, and a placement described in
11417 Subsection [ 78-3a-306 ] 78A-6-306 (6)(e) are not in the child's best interest, the court may order
11418 another planned permanent living arrangement in accordance with federal law.
11419 (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
11420 court order issued pursuant to Subsections [ 78-3a-311 ] 78A-6-312 (2)(a)(ii) and (b).
11421 (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
11422 court to supervise a parent-time session may deny parent-time for that session if the supervising
11423 person determines that, based on the parent's condition, it is necessary to deny parent-time in
11424 order to:
11425 (i) protect the physical safety of the child;

11426 (ii) protect the life of the child; or
11427 (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
11428 contact with the parent.
11429 (c) In determining whether the condition of the parent described in Subsection (10)(b)
11430 will traumatize a child, the person supervising the parent-time session shall consider the impact
11431 that the parent's condition will have on the child in light of:
11432 (i) the child's fear of the parent; and
11433 (ii) the nature of the alleged abuse or neglect.
11434 Section 160. Section 62A-4a-205.5 is amended to read:
11435 62A-4a-205.5. Prohibition of discrimination based on race, ethnicity, and cultural
11436 heritage.
11437 With regard to children in the custody of the division who have permanency goals of
11438 adoption or for whom a final plan for pursuing termination of parental rights has been approved
11439 in accordance with Section [ 78-3a-312 ] 78A-6-314 , the division may not base its decision for
11440 placement of those children solely on the race, ethnicity, or cultural heritage of either the child
11441 or the prospective adoptive parents. The basis of a decision for placement shall be the best
11442 interest of the child.
11443 Section 161. Section 62A-4a-205.6 is amended to read:
11444 62A-4a-205.6. Adoptive placement time frame -- Contracting with agencies.
11445 (1) With regard to a child who has a primary permanency goal of adoption or for whom
11446 a final plan for pursuing termination of parental rights has been approved in accordance with
11447 Section [ 78-3a-312 ] 78A-6-314 , the division shall make intensive efforts to place the child in
11448 an adoptive home within 30 days of the earlier of:
11449 (a) approval of the final plan; or
11450 (b) establishment of the primary permanency goal.
11451 (2) If within the time periods described in Subsection (1) the division is unable to
11452 locate a suitable adoptive home, it shall contract with licensed child placing agencies to search
11453 for an appropriate adoptive home for the child, and to place the child for adoption. The

11454 division shall comply with the requirements of Section 62A-4a-607 and contract with a variety
11455 of child placing agencies licensed under Part 6. In accordance with federal law, the division
11456 shall develop plans for the effective use of cross-jurisdictional resources to facilitate timely
11457 adoptive or permanent placements for waiting children.
11458 (3) The division shall ensure that children who are adopted and were previously in its
11459 custody, continue to receive the medical and mental health coverage that they are entitled to
11460 under state and federal law.
11461 Section 162. Section 62A-4a-206 is amended to read:
11462 62A-4a-206. Process for removal of a child from foster family -- Procedural due
11463 process.
11464 (1) (a) The Legislature finds that, except with regard to a child's natural parent or legal
11465 guardian, a foster family has a very limited but recognized interest in its familial relationship
11466 with a foster child who has been in the care and custody of that family. In making
11467 determinations regarding removal of a child from a foster home, the division may not dismiss
11468 the foster family as a mere collection of unrelated individuals.
11469 (b) The Legislature finds that children in the temporary custody and custody of the
11470 division are experiencing multiple changes in foster care placements with little or no
11471 documentation, and that numerous studies of child growth and development emphasize the
11472 importance of stability in foster care living arrangements.
11473 (c) For the reasons described in Subsections (1)(a) and (b), the division shall provide
11474 procedural due process for a foster family prior to removal of a foster child from their home,
11475 regardless of the length of time the child has been in that home, unless removal is for the
11476 purpose of:
11477 (i) returning the child to the child's natural parent or legal guardian;
11478 (ii) immediately placing the child in an approved adoptive home;
11479 (iii) placing the child with a relative, as defined in Subsection [ 78-3a-307 ]
11480 78A-6-307 (5)(d), who obtained custody or asserted an interest in the child within the
11481 preference period described in Subsection [ 78-3a-307 ] 78A-6-307 (8); or

11482 (iv) placing an Indian child in accordance with preplacement preferences and other
11483 requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
11484 (2) (a) The division shall maintain and utilize due process procedures for removal of a
11485 foster child from a foster home, in accordance with the procedures and requirements of Title
11486 63, Chapter 46b, Administrative Procedures Act.
11487 (b) Those procedures shall include requirements for:
11488 (i) personal communication with and explanation to foster parents prior to removal of
11489 the child; and
11490 (ii) an opportunity for foster parents to present their information and concerns to the
11491 division and to request a review by a third party neutral fact finder prior to removal of the
11492 child.
11493 (c) If the division determines that there is a reasonable basis to believe that the child is
11494 in danger or that there is a substantial threat of danger to the health or welfare of the child, it
11495 shall place the child in emergency foster care during the pendency of the procedures described
11496 in this subsection, instead of making another foster care placement.
11497 (3) If the division removes a child from a foster home based upon the child's statement
11498 alone, the division shall initiate and expedite the processes described in Subsection (2). The
11499 division may take no formal action with regard to that foster parent's license until after those
11500 processes, in addition to any other procedure or hearing required by law, have been completed.
11501 (4) When a complaint is made to the division by a foster child against a foster parent,
11502 the division shall, within 30 business days, provide the foster parent with information regarding
11503 the specific nature of the complaint, the time and place of the alleged incident, and who was
11504 alleged to have been involved.
11505 (5) Whenever the division places a child in a foster home, it shall provide the foster
11506 parents with:
11507 (a) notification of the requirements of this section;
11508 (b) a written description of the procedures enacted by the division pursuant to
11509 Subsection (2) and how to access those processes; and

11510 (c) written notification of the foster parents' ability to petition the juvenile court
11511 directly for review of a decision to remove a foster child who has been in their custody for 12
11512 months or longer, in accordance with the limitations and requirements of Section [ 78-3a-315 ]
11513 78A-6-318 .
11514 (6) The requirements of this section do not apply to the removal of a child based on a
11515 foster parent's request for that removal.
11516 Section 163. Section 62A-4a-207 is amended to read:
11517 62A-4a-207. Legislative Oversight Panel -- Responsibilities.
11518 (1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
11519 following members:
11520 (i) two members of the Senate, one from the majority party and one from the minority
11521 party, appointed by the president of the Senate; and
11522 (ii) three members of the House of Representatives, two from the majority party and
11523 one from the minority party, appointed by the speaker of the House of Representatives.
11524 (b) Members of the panel shall serve for two-year terms, or until their successors are
11525 appointed.
11526 (c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
11527 when a member resigns from the panel. Vacancies shall be filled by the appointing authority,
11528 and the replacement shall fill the unexpired term.
11529 (2) The president of the Senate shall designate one of the senators appointed to the
11530 panel under Subsection (1) as the Senate chair of the panel. The speaker of the House of
11531 Representatives shall designate one of the representatives appointed to the panel under
11532 Subsection (1) as the House chair of the panel.
11533 (3) The panel shall follow the interim committee rules established by the Legislature.
11534 (4) The panel shall:
11535 (a) examine and observe the process and execution of laws governing the child welfare
11536 system by the executive branch and the judicial branch;
11537 (b) upon request, receive testimony from the public, the juvenile court, and from all

11538 state agencies involved with the child welfare system including, but not limited to, the division,
11539 other offices and agencies within the department, the attorney general's office, the Office of the
11540 Guardian Ad Litem Director, and school districts;
11541 (c) before October 1, 2002, and before October 1 of each year thereafter receive reports
11542 from the division, the attorney general, and the judicial branch identifying the cases not in
11543 compliance with the time limits established in Section [ 78-3a-308 ] 78A-6-309 , regarding
11544 pretrial and adjudication hearings, Section [ 78-3a-311 ] 78A-6-312 , regarding dispositional
11545 hearings and reunification services, and Section [ 78-3a-312 ] 78A-6-314 , regarding permanency
11546 hearings and petitions for termination, and the reasons for the noncompliance;
11547 (d) receive recommendations from, and make recommendations to the governor, the
11548 Legislature, the attorney general, the division, the Office of the Guardian Ad Litem Director,
11549 the juvenile court, and the public;
11550 (e) (i) receive reports from the executive branch and the judicial branch on budgetary
11551 issues impacting the child welfare system; and
11552 (ii) recommend, as it considers advisable, budgetary proposals to the Health and
11553 Human Services Joint Appropriations Subcommittee, the Executive Offices and Criminal
11554 Justice Appropriations Subcommittee, and the Executive Appropriations Committee, which
11555 recommendation should be made before December 1 of each year;
11556 (f) study and recommend proposed changes to laws governing the child welfare
11557 system;
11558 (g) study actions the state can take to preserve, unify, and strengthen the child's family
11559 ties whenever possible in the child's best interest, including recognizing the constitutional
11560 rights and claims of parents whenever those family ties are severed or infringed;
11561 (h) perform such other duties related to the oversight of the child welfare system as the
11562 panel considers appropriate; and
11563 (i) annually report its findings and recommendations to the president of the Senate, the
11564 speaker of the House of Representatives, the Health and Human Services Interim Committee,
11565 and the Judiciary Interim Committee.

11566 (5) (a) The panel has authority to review and discuss individual cases.
11567 (b) When an individual case is discussed, the panel's meeting may be closed pursuant
11568 to Title 52, Chapter 4, Open and Public Meetings Act.
11569 (c) When discussing an individual case, the panel shall make reasonable efforts to
11570 identify and consider the concerns of all parties to the case.
11571 (6) (a) The panel has authority to make recommendations to the Legislature, the
11572 governor, the Board of Juvenile Court Judges, the division, and any other statutorily created
11573 entity related to the policies and procedures of the child welfare system. The panel does not
11574 have authority to make recommendations to the court, the division, or any other public or
11575 private entity regarding the disposition of any individual case.
11576 (b) The panel may hold public hearings, as it considers advisable, in various locations
11577 within the state in order to afford all interested persons an opportunity to appear and present
11578 their views regarding the child welfare system in this state.
11579 (7) (a) All records of the panel regarding individual cases shall be classified private,
11580 and may be disclosed only in accordance with federal law and the provisions of Title 63,
11581 Chapter 2, Government Records Access and Management Act.
11582 (b) The panel shall have access to all of the division's records, including those
11583 regarding individual cases. In accordance with Title 63, Chapter 2, Government Records
11584 Access Management Act, all documents and information received by the panel shall maintain
11585 the same classification that was designated by the division.
11586 (8) In order to accomplish its oversight functions, the panel has:
11587 (a) all powers granted to legislative interim committees in Section 36-12-11 ; and
11588 (b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena
11589 Powers.
11590 (9) Members of the panel shall receive salary and expenses in accordance with Section
11591 36-2-2 .
11592 (10) (a) The Office of Legislative Research and General Counsel shall provide staff
11593 support to the panel.

11594 (b) The panel is authorized to employ additional professional assistance and other staff
11595 members as it considers necessary and appropriate.
11596 Section 164. Section 62A-4a-208 is amended to read:
11597 62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
11598 (1) As used in this section:
11599 (a) "Complainant" means a person who initiates a complaint with the ombudsman.
11600 (b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
11601 section.
11602 (2) (a) There is created within the department the position of child protection
11603 ombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executive
11604 director.
11605 (b) The ombudsman shall be:
11606 (i) an individual of recognized executive and administrative capacity;
11607 (ii) selected solely with regard to qualifications and fitness to discharge the duties of
11608 ombudsman; and
11609 (iii) have experience in child welfare, and in state laws and policies governing abused,
11610 neglected, and dependent children.
11611 (c) The ombudsman shall devote full time to the duties of office.
11612 (3) (a) Except as provided in Subsection (b), the ombudsman shall, upon receipt of a
11613 complaint from any person, investigate whether an act or omission of the division with respect
11614 to a particular child:
11615 (i) is contrary to statute, rule, or policy;
11616 (ii) places a child's health or safety at risk;
11617 (iii) is made without an adequate statement of reason; or
11618 (iv) is based on irrelevant, immaterial, or erroneous grounds.
11619 (b) The ombudsman may decline to investigate any complaint. If the ombudsman
11620 declines to investigate a complaint or continue an investigation, the ombudsman shall notify
11621 the complainant and the division of the decision and of the reasons for that decision.

11622 (c) The ombudsman may conduct an investigation on his own initiative.
11623 (4) The ombudsman shall:
11624 (a) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
11625 make rules that govern the following:
11626 (i) receiving and processing complaints;
11627 (ii) notifying complainants and the division regarding a decision to investigate or to
11628 decline to investigate a complaint;
11629 (iii) prioritizing workload;
11630 (iv) maximum time within which investigations shall be completed;
11631 (v) conducting investigations;
11632 (vi) notifying complainants and the division regarding the results of investigations; and
11633 (vii) making recommendations based on the findings and results of recommendations;
11634 (b) report findings and recommendations in writing to the complainant and the
11635 division, in accordance with the provisions of this section;
11636 (c) within appropriations from the Legislature, employ staff as may be necessary to
11637 carry out the ombudsman's duties under this part;
11638 (d) provide information regarding the role, duties, and functions of the ombudsman to
11639 public agencies, private entities, and individuals;
11640 (e) annually report to the:
11641 (i) Child Welfare Legislative Oversight Panel;
11642 (ii) governor;
11643 (iii) Board of Child and Family Services;
11644 (iv) executive director of the department; and
11645 (v) director of the division; and
11646 (f) as appropriate, make recommendations to the division regarding individual cases,
11647 and the rules, policies, and operations of the division.
11648 (5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
11649 notify the complainant and the division of that decision.

11650 (b) The ombudsman may advise a complainant to pursue all administrative remedies or
11651 channels of complaint before pursuing a complaint with the ombudsman. Subsequent to
11652 processing a complaint, the ombudsman may conduct further investigations upon the request of
11653 the complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes
11654 a complainant from making a complaint directly to the ombudsman before pursuing an
11655 administrative remedy.
11656 (c) If the ombudsman finds that an individual's act or omission violates state or federal
11657 criminal law, the ombudsman shall immediately report that finding to the appropriate county or
11658 district attorney or to the attorney general.
11659 (d) The ombudsman shall immediately notify the division if the ombudsman finds that
11660 a child needs protective custody, as that term is defined in Section [ 78-3a-103 ] 78A-6-105 .
11661 (e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
11662 Reporting Requirements.
11663 (6) (a) All records of the ombudsman regarding individual cases shall be classified in
11664 accordance with federal law and the provisions of Title 63, Chapter 2, Government Records
11665 Access and Management Act. The ombudsman may make public a report prepared pursuant to
11666 this section in accordance with the provisions of Title 63, Chapter 2, Government Records
11667 Access and Management Act.
11668 (b) The ombudsman shall have access to all of the department's written and electronic
11669 records and databases, including those regarding individual cases. In accordance with Title 63,
11670 Chapter 2, Government Records Access and Management Act, all documents and information
11671 received by the ombudsman shall maintain the same classification that was designated by the
11672 department.
11673 (7) (a) The ombudsman shall prepare a written report of the findings and
11674 recommendations, if any, of each investigation.
11675 (b) The ombudsman shall make recommendations to the division if the ombudsman
11676 finds that:
11677 (i) a matter should be further considered by the division;

11678 (ii) an administrative act should be addressed, modified, or canceled;
11679 (iii) action should be taken by the division with regard to one of its employees; or
11680 (iv) any other action should be taken by the division.
11681 Section 165. Section 62A-4a-209 is amended to read:
11682 62A-4a-209. Emergency placement.
11683 (1) The division may use an emergency placement under Subsection
11684 62A-4a-202.1 (4)(b)(ii) when:
11685 (a) the case worker has made the determination that:
11686 (i) the child's home is unsafe;
11687 (ii) removal is necessary under the provisions of Section 62A-4a-202.1 ; and
11688 (iii) the child's custodial parent or guardian will agree to not remove the child from the
11689 home of the person that serves as the placement and not have any contact with the child until
11690 after the shelter hearing required by Section [ 78-3a-306 ] 78A-6-306 ;
11691 (b) a person, with preference being given in accordance with Subsection (3), can be
11692 identified who has the ability and is willing to provide care for the child who would otherwise
11693 be placed in shelter care, including:
11694 (i) taking the child to medical, mental health, dental, and educational appointments at
11695 the request of the division; and
11696 (ii) making the child available to division services and the guardian ad litem; and
11697 (c) the person described in Subsection (1)(b) agrees to care for the child on an
11698 emergency basis under the following conditions:
11699 (i) the person meets the criteria for an emergency placement under Subsection (2);
11700 (ii) the person agrees to not allow the custodial parent or guardian to have any contact
11701 with the child until after the shelter hearing unless authorized by the division in writing;
11702 (iii) the person agrees to contact law enforcement and the division if the custodial
11703 parent or guardian attempts to make unauthorized contact with the child;
11704 (iv) the person agrees to allow the division and the child's guardian ad litem to have
11705 access to the child;

11706 (v) the person has been informed and understands that the division may continue to
11707 search for other possible placements for long-term care, if needed;
11708 (vi) the person is willing to assist the custodial parent or guardian in reunification
11709 efforts at the request of the division, and to follow all court orders; and
11710 (vii) the child is comfortable with the person.
11711 (2) Before the division places a child in an emergency placement, the division:
11712 (a) may request the name of a reference and may contact the reference to determine the
11713 answer to the following questions:
11714 (i) would the person identified as a reference place a child in the home of the
11715 emergency placement; and
11716 (ii) are there any other relatives or friends to consider as a possible emergency or
11717 long-term placement for the child;
11718 (b) shall have the custodial parent or guardian sign an emergency placement agreement
11719 form during the investigation;
11720 (c) shall complete a criminal background check described in Sections 62A-4a-202.4
11721 and [ 78-3a-307.1 ] 78A-6-308 on all persons living in the household where the child will be
11722 placed;
11723 (d) shall complete a home inspection of the home where the emergency placement is
11724 made; and
11725 (e) shall have the emergency placement approved by a family service specialist.
11726 (3) (a) The following order of preference shall be applied when determining the person
11727 with whom a child will be placed in an emergency placement described in this section,
11728 provided that the person is willing, and has the ability, to care for the child:
11729 (i) a noncustodial parent of the child in accordance with Section [ 78-3a-307 ]
11730 78A-6-307 ;
11731 (ii) a relative of the child;
11732 (iii) subject to Subsection (3)(b), a friend designated by the custodial parent or
11733 guardian of the child, if the friend is a licensed foster parent; and

11734 (iv) a shelter facility, former foster placement, or other foster placement designated by
11735 the division.
11736 (b) Unless the division agrees otherwise, the custodial parent or guardian described in
11737 Subsection (3)(a)(iii) may only designate one friend as a potential emergency placement.
11738 (4) After an emergency placement, the division caseworker must:
11739 (a) respond to the emergency placement's calls within one hour if the custodial parents
11740 or guardians attempt to make unauthorized contact with the child or attempt to remove the
11741 child;
11742 (b) complete all removal paperwork, including the notice provided to the custodial
11743 parents and guardians under Section [ 78-3a-306 ] 78A-6-306 ;
11744 (c) contact the attorney general to schedule a shelter hearing;
11745 (d) complete the placement procedures required in Section [ 78-3a-307 ] 78A-6-307 ,
11746 including, within five days after placement, the criminal history record check described in
11747 Subsection (5); and
11748 (e) continue to search for other relatives as a possible long-term placement, if needed.
11749 (5) (a) In order to determine the suitability of a placement and to conduct a background
11750 screening and investigation of individuals living in the household in which a child is placed,
11751 each individual living in the household in which the child is placed who has not lived in the
11752 state substantially year round for the most recent five consecutive years ending on the date the
11753 investigation is commenced shall be fingerprinted. If no disqualifying record is identified at
11754 the state level, the fingerprints shall be forwarded by the division to the Federal Bureau of
11755 Investigation for a national criminal history record check.
11756 (b) The cost of the investigations described in Subsection (5)(a) shall be borne by
11757 whomever received placement of the child, except that the division may pay all or part of the
11758 cost of those investigations if the person with whom the child is placed is unable to pay.
11759 Section 166. Section 62A-4a-250 is amended to read:
11760 62A-4a-250. Separate programs and procedures for minors committed to the
11761 custody of the Division of Child and Family Services on grounds other than abuse or

11762 neglect -- Attorney general responsibility.
11763 (1) On or before July 1, 1998, the division shall have established programs designed to
11764 meet the needs of minors who have not been adjudicated as abused or neglected, but who are
11765 otherwise committed to the custody of the division by the juvenile court pursuant to Section
11766 [ 78-3a-118 ] 78A-6-117 , and who are classified in the division's management information
11767 system as having been placed in custody primarily on the basis of delinquent behavior or a
11768 status offense.
11769 (2) (a) The processes and procedures designed to meet the needs of children who are
11770 abused or neglected, described in Part 2 and in Title [78] 78A, Chapter [3a] 6, Part 3, Abuse,
11771 Neglect, and Dependency Proceedings, are not applicable to the minors described in Subsection
11772 (1).
11773 (b) The procedures described in Subsection [ 78-3a-119 ] 78A-6-118 (2)(a) are
11774 applicable to the minors described in Subsection (1).
11775 (3) As of July 1, 1998, the attorney general's office has the responsibility to represent
11776 the division with regard to actions involving minors described in Subsection (1). Nothing in
11777 this section may be construed to affect the responsibility of the county attorney or district
11778 attorney to represent the state in those matters, in accordance with Section [ 78-3a-116 ]
11779 78A-6-115 .
11780 Section 167. Section 62A-4a-409 is amended to read:
11781 62A-4a-409. Investigation by division -- Temporary protective custody --
11782 Preremoval interviews of children.
11783 (1) (a) The division shall make a thorough preremoval investigation upon receiving
11784 either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug
11785 dependency, when there is reasonable cause to suspect that a situation of abuse, neglect, fetal
11786 alcohol syndrome, or fetal drug dependency exists.
11787 (b) The primary purpose of the investigation described in Subsection (1)(a) shall be
11788 protection of the child.
11789 (2) The preremoval investigation described in Subsection (1)(a) shall include the same

11790 investigative requirements described in Section 62A-4a-202.3 .
11791 (3) The division shall make a written report of its investigation that shall include a
11792 determination regarding whether the alleged abuse or neglect is supported, unsupported, or
11793 without merit.
11794 (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
11795 with reports made under this part.
11796 (b) For this purpose, the division shall convene appropriate interdisciplinary "child
11797 protection teams" to assist it in its protective, diagnostic, assessment, treatment, and
11798 coordination services.
11799 (c) A representative of the division shall serve as the team's coordinator and chair.
11800 Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
11801 shall include representatives of:
11802 (i) health, mental health, education, and law enforcement agencies;
11803 (ii) the child;
11804 (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
11805 and
11806 (iv) other appropriate agencies or individuals.
11807 (5) In any case where the division supervises, governs, or directs the affairs of any
11808 individual, institution, or facility that is alleged to be involved in acts or omissions of child
11809 abuse or neglect, the investigation of the reported child abuse or neglect shall be conducted by
11810 an agency other than the division.
11811 (6) If a report of neglect is based upon or includes an allegation of educational neglect,
11812 the division shall immediately consult with school authorities to verify the child's status in
11813 accordance with Sections 53A-11-101 through 53A-11-103 .
11814 (7) When the division completes its initial investigation under this part, it shall give
11815 notice of that completion to the person who made the initial report.
11816 (8) Division workers or other child protection team members have authority to enter
11817 upon public or private premises, using appropriate legal processes, to investigate reports of

11818 alleged child abuse or neglect, upon notice to parents of their rights under the Child Abuse
11819 Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
11820 (9) With regard to any interview of a child prior to removal of that child from the
11821 child's home:
11822 (a) except as provided in Subsection (9)(b) or (c), the division shall inform a parent of
11823 the child prior to the interview of:
11824 (i) the specific allegations concerning the child; and
11825 (ii) the time and place of the interview;
11826 (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
11827 alleged perpetrator, the division is not required to comply with Subsection (9)(a);
11828 (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
11829 is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
11830 minutes, with the child prior to complying with Subsection (9)(a);
11831 (d) in all cases described in Subsection (9)(b) or (c), a parent of the child shall be
11832 notified as soon as practicable after the child has been interviewed, but in no case later than 24
11833 hours after the interview has taken place;
11834 (e) a child's parents shall be notified of the time and place of all subsequent interviews
11835 with the child; and
11836 (f) the child shall be allowed to have a support person of the child's choice present,
11837 who:
11838 (i) may include:
11839 (A) a school teacher;
11840 (B) an administrator;
11841 (C) a guidance counselor;
11842 (D) a child care provider;
11843 (E) a family member;
11844 (F) a family advocate; or
11845 (G) clergy; and

11846 (ii) may not be a person who is alleged to be, or potentially may be, the perpetrator.
11847 (10) In accordance with the procedures and requirements of Sections 62A-4a-202.1
11848 through 62A-4a-202.3 , a division worker or child protection team member may take a child
11849 into protective custody and deliver the child to a law enforcement officer, or place the child in
11850 an emergency shelter facility approved by the juvenile court, at the earliest opportunity
11851 subsequent to the child's removal from the child's original environment. Control and
11852 jurisdiction over the child is determined by the provisions of Title [78] 78A, Chapter [3a] 6,
11853 Juvenile Court Act of 1996, and as otherwise provided by law.
11854 (11) With regard to cases in which law enforcement has or is conducting an
11855 investigation of alleged abuse or neglect of a child:
11856 (a) the division shall coordinate with law enforcement to ensure that there is an
11857 adequate safety plan to protect the child from further abuse or neglect; and
11858 (b) the division is not required to duplicate an aspect of the investigation that, in the
11859 division's determination, has been satisfactorily completed by law enforcement.
11860 Section 168. Section 62A-4a-412 is amended to read:
11861 62A-4a-412. Reports and information confidential.
11862 (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
11863 well as any other information in the possession of the division obtained as the result of a report
11864 are private, protected, or controlled records under Title 63, Chapter 2, Government Records
11865 Access and Management Act, and may only be made available to:
11866 (a) a police or law enforcement agency investigating a report of known or suspected
11867 child abuse or neglect;
11868 (b) a physician who reasonably believes that a child may be the subject of abuse or
11869 neglect;
11870 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
11871 who is the subject of a report;
11872 (d) a contract provider that has a written contract with the division to render services to
11873 a minor who is the subject of a report;

11874 (e) any subject of the report, the natural parents of the child, and the guardian ad litem;
11875 (f) a court, upon a finding that access to the records may be necessary for the
11876 determination of an issue before the court, provided that in a divorce, custody, or related
11877 proceeding between private parties, the record alone is:
11878 (i) limited to objective or undisputed facts that were verified at the time of the
11879 investigation; and
11880 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
11881 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
11882 neglect of another person;
11883 (g) an office of the public prosecutor or its deputies in performing an official duty;
11884 (h) a person authorized by a Children's Justice Center, for the purposes described in
11885 Section 67-5b-102 ;
11886 (i) a person engaged in bona fide research, when approved by the director of the
11887 division, if the information does not include names and addresses;
11888 (j) the State Office of Education, acting on behalf of itself or on behalf of a school
11889 district, for the purpose of evaluating whether an individual should be permitted to obtain or
11890 retain a license as an educator or serve as an employee or volunteer in a school, limited to
11891 information with substantiated findings involving an alleged sexual offense, an alleged felony
11892 or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
11893 Chapter 5, Offenses Against the Person, and with the understanding that the office must
11894 provide the subject of a report received under Subsection (1)(k) with an opportunity to respond
11895 to the report before making a decision concerning licensure or employment;
11896 (k) any person identified in the report as a perpetrator or possible perpetrator of child
11897 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
11898 (l) a person filing a petition for a child protective order on behalf of a child who is the
11899 subject of the report; and
11900 (m) a licensed child-placing agency or person who is performing a preplacement
11901 adoptive evaluation in accordance with the requirements of [Section 78-30-3.5 ] Sections

11902 78B-6-128 and 78B-6-130 .
11903 (2) (a) A person, unless listed in Subsection (1), may not request another person to
11904 obtain or release a report or any other information in the possession of the division obtained as
11905 a result of the report that is available under Subsection (1)(k) to screen for potential
11906 perpetrators of child abuse or neglect.
11907 (b) A person who requests information knowing that it is a violation of Subsection
11908 (2)(a) to do so is subject to the criminal penalty in Subsection (4).
11909 (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division
11910 and law enforcement officials shall ensure the anonymity of the person or persons making the
11911 initial report and any others involved in its subsequent investigation.
11912 (b) Notwithstanding any other provision of law, excluding Section [ 78-3a-314 ]
11913 78A-6-317 , but including this chapter and Title 63, Chapter 2, Government Records Access
11914 and Management Act, when the division makes a report or other information in its possession
11915 available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
11916 shall remove from the report or other information only the names, addresses, and telephone
11917 numbers of individuals or specific information that could:
11918 (i) identify the referent;
11919 (ii) impede a criminal investigation; or
11920 (iii) endanger a person's safety.
11921 (4) Any person who wilfully permits, or aides and abets the release of data or
11922 information obtained as a result of this part, in the possession of the division or contained on
11923 any part of the Management Information System, in violation of this part or Sections
11924 62A-4a-1003 through 62A-4a-1007 , is guilty of a class C misdemeanor.
11925 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
11926 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
11927 good faith pursuant to this part.
11928 (6) A child-placing agency or person who receives a report in connection with a
11929 preplacement adoptive evaluation pursuant to [Section 78-30-3.5 ] Sections 78B-6-128 and

11930 78B-6-130 :
11931 (a) may provide this report to the person who is the subject of the report; and
11932 (b) may provide this report to a person who is performing a preplacement adoptive
11933 evaluation in accordance with the requirement of [Section 78-30-3.5 ] Sections 78B-6-128 and
11934 78B-6-130 , or to a licensed child-placing agency or to an attorney seeking to facilitate an
11935 adoption.
11936 Section 169. Section 62A-4a-602 is amended to read:
11937 62A-4a-602. Licensure requirements -- Prohibited acts.
11938 (1) No person, agency, firm, corporation, association, or group children's home may
11939 engage in child placing, or solicit money or other assistance for child placing, without a valid
11940 license issued by the Office of Licensing, in accordance with Chapter 2 of this title. When a
11941 child placing agency's license is suspended or revoked in accordance with that chapter, the
11942 care, control, or custody of any child who has been in the care, control, or custody of that
11943 agency shall be transferred to the division.
11944 (2) (a) An attorney, physician, or other person may assist a parent in identifying or
11945 locating a person interested in adopting the parent's child, or in identifying or locating a child to
11946 be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of
11947 value of any kind, or promise or agreement to make the same, may be made for that assistance.
11948 (b) An attorney, physician, or other person may not:
11949 (i) issue or cause to be issued to any person a card, sign, or device indicating that he is
11950 available to provide that assistance;
11951 (ii) cause, permit, or allow any sign or marking indicating that he is available to
11952 provide that assistance, on or in any building or structure;
11953 (iii) announce or cause, permit, or allow an announcement indicating that he is
11954 available to provide that assistance, to appear in any newspaper, magazine, directory, or on
11955 radio or television; or
11956 (iv) advertise by any other means that he is available to provide that assistance.
11957 (3) Nothing in this part precludes payment of fees for medical, legal, or other lawful

11958 services rendered in connection with the care of a mother, delivery and care of a child, or
11959 lawful adoption proceedings; and no provision of this part abrogates the right of procedures for
11960 independent adoption as provided by law.
11961 (4) In accordance with federal law, only agents or employees of the division and of
11962 licensed child placing agencies may certify to the United States Immigration and Naturalization
11963 Service that a family meets the division's preadoption requirements.
11964 (5) (a) Beginning May 1, 2000, neither a licensed child placing agency nor any attorney
11965 practicing in this state may place a child for adoption, either temporarily or permanently, with
11966 any individual or individuals that would not be qualified for adoptive placement pursuant to the
11967 provisions of Sections [ 78-30-1 , 78-30-1.5 ] 78B-6-117 , 78B-6-102 , and [ 78-30-9 ] 78B-6-137 .
11968 (b) Beginning May 1, 2000, the division, as a licensed child placing agency, may not
11969 place a child in foster care with any individual or individuals that would not be qualified for
11970 adoptive placement pursuant to the provisions of Sections [ 78-30-1 , 78-30-1.5 ] 78B-6-117 ,
11971 78B-6-102 , and [ 78-30-9 ] 78B-6-137 . However, nothing in this Subsection (5)(b) limits the
11972 placement of a child in foster care with the child's biological or adoptive parent.
11973 (c) Beginning May 1, 2000, with regard to children who are in the custody of the state,
11974 the division shall establish a policy providing that priority for foster care and adoptive
11975 placement shall be provided to families in which both a man and a woman are legally married
11976 under the laws of this state. However, nothing in this Subsection (5)(c) limits the placement of
11977 a child with the child's biological or adoptive parent.
11978 Section 170. Section 62A-4a-607 is amended to read:
11979 62A-4a-607. Promotion of adoption -- Agency notice to potential adoptive
11980 parents.
11981 (1) (a) The division and all child placing agencies licensed under this part shall
11982 promote adoption when that is a possible and appropriate alternative for a child. Specifically,
11983 in accordance with Section 62A-4a-205.6 , the division shall actively promote the adoption of
11984 all children in its custody who have a final plan for termination of parental rights pursuant to
11985 Section [ 78-3a-312 ] 78A-6-314 or a primary permanency goal of adoption.

11986 (b) Beginning May 1, 2000, the division may not place a child for adoption, either
11987 temporarily or permanently, with any individual or individuals who do not qualify for adoptive
11988 placement pursuant to the requirements of Sections [ 78-30-1 , 78-30-1.5 ] 78B-6-117 ,
11989 78B-6-102 , and [ 78-30-9 ] 78B-6-137 .
11990 (2) The division shall obtain or conduct research of prior adoptive families to
11991 determine what families may do to be successful with their adoptive children and shall make
11992 this research available to potential adoptive parents.
11993 (3) (a) A child placing agency licensed under this part shall inform each potential
11994 adoptive parent with whom it is working that:
11995 (i) children in the custody of the state are available for adoption;
11996 (ii) Medicaid coverage for medical, dental, and mental health services may be available
11997 for these children;
11998 (iii) tax benefits, including the tax credit provided for in Section 59-10-1104 , and
11999 financial assistance may be available to defray the costs of adopting these children;
12000 (iv) training and ongoing support may be available to the adoptive parents of these
12001 children; and
12002 (v) information about individual children may be obtained by contacting the division's
12003 offices or its Internet site as explained by the child placing agency.
12004 (b) A child placing agency shall:
12005 (i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
12006 and
12007 (ii) simultaneously distribute a copy of the pamphlet prepared by the division in
12008 accordance with Subsection (3)(d).
12009 (c) As a condition of licensure, the child placing agency shall certify to the Office of
12010 Licensing at the time of license renewal that it has complied with the provisions of this section.
12011 (d) Before July 1, 2000, the division shall:
12012 (i) prepare a pamphlet that explains the information that is required by Subsection
12013 (3)(a); and

12014 (ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to child
12015 placing agencies.
12016 (e) The division shall respond to any inquiry made as a result of the notice provided in
12017 Subsection (3)(a).
12018 Section 171. Section 62A-4a-702 is amended to read:
12019 62A-4a-702. Financial responsibility.
12020 Financial responsibility for a child placed pursuant to the provisions of the Interstate
12021 Compact on the Placement of Children shall, in the first instance, be determined in accordance
12022 with the provisions of Article V of the compact. However, in the event of partial or complete
12023 default of performance thereunder, the provisions of [Sections 78-45-1 through 78-45-13] Title
12024 78B, Chapter 12, Utah Child Support Act, may also be invoked.
12025 Section 172. Section 62A-4a-708 is amended to read:
12026 62A-4a-708. Existing authority for child placement continues.
12027 Any person who, under any law of this state other than this part or the interstate
12028 compact established under Section 62A-4a-701 , has authority to make or assist in making the
12029 placement of a child, shall continue to have the ability lawfully to make or assist in making that
12030 placement, and the provisions of Part 6 of this chapter and of Title [78] 78B, Chapter [30,] 6,
12031 Part 1, Utah Adoption Act, continue to apply.
12032 Section 173. Section 62A-4a-802 is amended to read:
12033 62A-4a-802. Safe relinquishment of a newborn child.
12034 (1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
12035 hospital in accordance with the provisions of this part and retain complete anonymity, so long
12036 as the child has not been subject to abuse or neglect.
12037 (b) Safe relinquishment of a newborn child who has not otherwise been subject to
12038 abuse or neglect shall not, in and of itself, constitute neglect as defined in Section 62A-4a-101 ,
12039 and the child shall not be considered a neglected child, as defined in Section [ 78-3a-103 ]
12040 78A-6-105 , so long as the relinquishment is carried out in substantial compliance with the
12041 provisions of this part.

12042 (2) (a) Personnel employed by a hospital shall accept a newborn child that is
12043 relinquished pursuant to the provisions of this part, and may presume that the person
12044 relinquishing is the child's parent or the parent's designee.
12045 (b) The person receiving the newborn child may request information regarding the
12046 parent and newborn child's medical histories, and identifying information regarding the
12047 nonrelinquishing parent of the child.
12048 (c) The division shall provide hospitals with medical history forms and stamped
12049 envelopes addressed to the division that a hospital may provide to a person relinquishing a
12050 child pursuant to the provisions of this part.
12051 (d) Personnel employed by a hospital shall:
12052 (i) provide any necessary medical care to the child and notify the division as soon as
12053 possible, but no later than 24 hours after receipt of the child; and
12054 (ii) prepare a birth certificate or foundling birth certificate if parentage is unknown and
12055 file with the Office of Vital Records and Statistics.
12056 (e) A hospital and personnel employed by a hospital are immune from any civil or
12057 criminal liability arising from accepting a newborn child if the personnel employed by the
12058 hospital substantially comply with the provisions of this part and medical treatment is
12059 administered according to standard medical practice.
12060 (3) The division shall assume care and custody of the child immediately upon notice
12061 from the hospital.
12062 (4) So long as the division determines there is no abuse or neglect of the newborn
12063 child, neither the newborn child nor the child's parents are subject to:
12064 (a) the provisions of Part 2 of this chapter, Child Welfare Services;
12065 (b) the investigation provisions contained in Section 62A-4a-409 ; or
12066 (c) the provisions of Title [78] 78A, Chapter [3a] 6, Part 3, Abuse, Neglect, and
12067 Dependency Proceedings.
12068 (5) Unless identifying information relating to the nonrelinquishing parent of the
12069 newborn child has been provided:

12070 (a) the division shall work with local law enforcement and the Bureau of Criminal
12071 Identification within the Department of Public Safety in an effort to ensure that the newborn
12072 child has not been identified as a missing child;
12073 (b) the division shall immediately place or contract for placement of the newborn child
12074 in a potential adoptive home and, within ten days after receipt of the child, file a petition for
12075 termination of parental rights in accordance with Title [78] 78A, Chapter [3a] 6, Part [4] 5,
12076 Termination of Parental Rights Act;
12077 (c) the division shall direct the Office of Vital Records and Statistics to conduct a
12078 search for a birth certificate for the child and an Initiation of Proceedings to Establish Paternity
12079 Registry for unmarried biological fathers maintained by the Office of Vital Records and
12080 Statistics within the Department of Health and provide notice to each potential father identified
12081 on the registry. Notice of termination of parental rights proceedings shall be provided in the
12082 same manner as is utilized for any other termination proceeding in which the identity of the
12083 child's parents is unknown;
12084 (d) if no person has affirmatively identified himself or herself within two weeks after
12085 notice is complete and established paternity by scientific testing within as expeditious a time
12086 frame as practicable, a hearing on the petition for termination of parental rights shall be
12087 scheduled; and
12088 (e) if a nonrelinquishing parent is not identified, relinquishment of a newborn child
12089 pursuant to the provisions of this part shall be considered grounds for termination of parental
12090 rights of both the relinquishing and nonrelinquishing parents under Section [ 78-3a-407 ]
12091 78A-6-507 .
12092 (6) If at any time prior to the adoption, a court finds it is in the best interest of the child,
12093 the court shall deny the petition for termination of parental rights.
12094 (7) The division shall provide for, or contract with a licensed child-placing agency to
12095 provide for expeditious adoption of the newborn child.
12096 (8) So long as the person relinquishing a newborn child is the child's parent or
12097 designee, and there is no abuse or neglect, safe relinquishment of a newborn child in substantial

12098 compliance with the provisions of this part is an affirmative defense to any potential criminal
12099 liability for abandonment or neglect relating to that relinquishment.
12100 Section 174. Section 62A-4a-1003 is amended to read:
12101 62A-4a-1003. Management Information System -- Requirements -- Contents --
12102 Purpose -- Access.
12103 (1) (a) The division shall develop and implement a Management Information System
12104 that meets the requirements of this section and the requirements of federal law and regulation.
12105 (b) The information and records contained in the Management Information System:
12106 (i) are protected records under Title 63, Chapter 2, Government Records Access and
12107 Management Act; and
12108 (ii) except as provided in Subsections (1)(c) and (d), are available only to a person with
12109 statutory authorization under Title 63, Chapter 2, Government Records Access and
12110 Management Act, to review the information and records described in this Subsection (1)(b).
12111 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
12112 Subsection (1)(b) are available to a person:
12113 (i) as provided under Subsection (6) or Section 62A-4a-1006 ; or
12114 (ii) who has specific statutory authorization to access the information or records for the
12115 purpose of assisting the state with state and federal requirements to maintain information solely
12116 for the purpose of protecting minors and providing services to families in need.
12117 (d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
12118 Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
12119 be provided by the division:
12120 (i) to comply with child abuse and neglect registry checks requested by other states;
12121 and
12122 (ii) to the United States Department of Health and Human Services for purposes of
12123 maintaining an electronic national registry of substantiated cases of child abuse and neglect.
12124 (2) With regard to all child welfare cases, the Management Information System shall
12125 provide each caseworker and the department's office of licensing, exclusively for the purposes

12126 of foster parent licensure and monitoring, with a complete history of each child in that worker's
12127 caseload, including:
12128 (a) a record of all past action taken by the division with regard to that child and the
12129 child's siblings;
12130 (b) the complete case history and all reports and information in the control or keeping
12131 of the division regarding that child and the child's siblings;
12132 (c) the number of times the child has been in the custody of the division;
12133 (d) the cumulative period of time the child has been in the custody of the division;
12134 (e) a record of all reports of abuse or neglect received by the division with regard to
12135 that child's parent, parents, or guardian including:
12136 (i) for each report, documentation of the:
12137 (A) latest status; or
12138 (B) final outcome or determination; and
12139 (ii) information that indicates whether each report was found to be:
12140 (A) supported;
12141 (B) unsupported;
12142 (C) substantiated by a juvenile court;
12143 (D) unsubstantiated by a juvenile court; or
12144 (E) without merit;
12145 (f) the number of times the child's parent or parents failed any child and family plan;
12146 and
12147 (g) the number of different caseworkers who have been assigned to that child in the
12148 past.
12149 (3) The division's Management Information System shall:
12150 (a) contain all key elements of each family's current child and family plan, including:
12151 (i) the dates and number of times the plan has been administratively or judicially
12152 reviewed;
12153 (ii) the number of times the parent or parents have failed that child and family plan;

12154 and
12155 (iii) the exact length of time the child and family plan has been in effect; and
12156 (b) alert caseworkers regarding deadlines for completion of and compliance with
12157 policy, including child and family plans.
12158 (4) With regard to all child protective services cases, the Management Information
12159 System shall:
12160 (a) monitor the compliance of each case with:
12161 (i) division rule and policy;
12162 (ii) state law; and
12163 (iii) federal law and regulation; and
12164 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
12165 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
12166 the alleged perpetrator.
12167 (5) Except as provided in Subsection (6) regarding contract providers and Section
12168 62A-4a-1006 regarding limited access to the Licensing Information System, all information
12169 contained in the division's Management Information System is available to the department,
12170 upon the approval of the executive director, on a need-to-know basis.
12171 (6) (a) Subject to this Subsection (6), the division may allow its contract providers,
12172 court clerks designated by the Administrative Office of the Courts, and the Office of the
12173 Guardian Ad Litem to have limited access to the Management Information System.
12174 (b) A division contract provider has access only to information about a person who is
12175 currently receiving services from that specific contract provider.
12176 (c) (i) Designated court clerks may only have access to information necessary to
12177 comply with Subsection [ 78-3h-102 ] 78B-7-202 (2).
12178 (ii) The Office of the Guardian Ad Litem may access only the information that:
12179 (A) relates to children and families where the Office of the Guardian Ad Litem is
12180 appointed by a court to represent the interests of the children; and
12181 (B) except as provided in Subsection (6)(d), is entered into the Management

12182 Information System on or after July 1, 2004.
12183 (d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of the Guardian Ad Litem
12184 shall have access to all child abuse and neglect referrals about children and families where the
12185 office has been appointed by a court to represent the interests of the children, regardless of the
12186 date that the information is entered into the Management Information System.
12187 (e) Each contract provider and designated representative of the Office of the Guardian
12188 Ad Litem who requests access to information contained in the Management Information
12189 System shall:
12190 (i) take all necessary precautions to safeguard the security of the information contained
12191 in the Management Information System;
12192 (ii) train its employees regarding:
12193 (A) requirements for protecting the information contained in the Management
12194 Information System as required by this chapter and under Title 63, Chapter 2, Government
12195 Records Access and Management Act; and
12196 (B) the criminal penalties under Sections 62A-4a-412 and 63-2-801 for improper
12197 release of information; and
12198 (iii) monitor its employees to ensure that they protect the information contained in the
12199 Management Information System as required by law.
12200 (f) The division shall take reasonable precautions to ensure that its contract providers
12201 comply with the requirements of this Subsection (6).
12202 (7) The division shall take all necessary precautions, including password protection and
12203 other appropriate and available technological techniques, to prevent unauthorized access to or
12204 release of information contained in the Management Information System.
12205 Section 175. Section 62A-4a-1005 is amended to read:
12206 62A-4a-1005. Supported finding of a severe type of child abuse or neglect --
12207 Notation in Licensing Information System -- Juvenile court petition or notice to alleged
12208 perpetrator -- Rights of alleged perpetrator -- Juvenile court finding.
12209 (1) If the division makes a supported finding that a person committed a severe type of

12210 child abuse or neglect, the division shall:
12211 (a) serve notice of the finding on the alleged perpetrator;
12212 (b) enter the following information into the Licensing Information System created in
12213 Section 62A-4a-1006 :
12214 (i) the name and other identifying information of the perpetrator with the supported
12215 finding, without identifying the person as a perpetrator or alleged perpetrator; and
12216 (ii) a notation to the effect that an investigation regarding the person is pending; and
12217 (c) if the division considers it advisable, file a petition for substantiation within one
12218 year of the supported finding.
12219 (2) The notice referred to in Subsection (1)(a):
12220 (a) shall state that:
12221 (i) the division has conducted an investigation regarding alleged child abuse or neglect;
12222 (ii) the division has made a supported finding that the alleged perpetrator described in
12223 Subsection (1) committed a severe type of child abuse or neglect;
12224 (iii) facts gathered by the division support the supported finding;
12225 (iv) as a result of the supported finding, the alleged perpetrator's name and other
12226 identifying information have been listed in the Licensing Information System in accordance
12227 with Subsection (1)(b);
12228 (v) the alleged perpetrator may be disqualified from adopting a child or being licensed
12229 by:
12230 (A) the department;
12231 (B) a human services licensee;
12232 (C) a child care provider or program; or
12233 (D) a covered health care facility;
12234 (vi) the alleged perpetrator has the rights described in Subsection (3); and
12235 (vii) failure to take either action described in Subsection (3)(a) within one year after
12236 service of the notice will result in the action described in Subsection (3)(b);
12237 (b) shall include a general statement of the nature of the findings; and

12238 (c) may not include:
12239 (i) the name of a victim or witness; or
12240 (ii) any privacy information related to the victim or a witness.
12241 (3) (a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator
12242 shall have the right to:
12243 (i) file a written request asking the division to review the findings made under
12244 Subsection (1);
12245 (ii) except as provided in Subsection (3)(c), immediately petition the juvenile court
12246 under Section [ 78-3a-320 ] 78A-6-323 ; or
12247 (iii) sign a written consent to:
12248 (A) the supported finding made under Subsection (1); and
12249 (B) entry into the Licensing Information System of:
12250 (I) the alleged perpetrator's name; and
12251 (II) other information regarding the supported finding made under Subsection (1).
12252 (b) Except as provided in Subsection (3)(e), the alleged perpetrator's name and the
12253 information described in Subsection (1)(b) shall remain in the Licensing Information System:
12254 (i) if the alleged perpetrator fails to take the action described in Subsection (3)(a)
12255 within one year after service of the notice described in Subsections (1)(a) and (2);
12256 (ii) during the time that the division awaits a response from the alleged perpetrator
12257 pursuant to Subsection (3)(a); and
12258 (iii) until a court determines that the severe type of child abuse or neglect upon which
12259 the Licensing Information System entry was based is unsubstantiated or without merit.
12260 (c) The alleged perpetrator has no right to petition the juvenile court under Subsection
12261 (3)(a)(ii) if the court previously held a hearing on the same alleged incident of abuse or neglect
12262 pursuant to the filing of a petition under Section [ 78-3a-305 ] 78A-6-304 by some other party.
12263 (d) Consent under Subsection (3)(a)(iii) by a child shall be given by the child's parent
12264 or guardian.
12265 (e) Regardless of whether an appeal on the matter is pending:

12266 (i) an alleged perpetrator's name and the information described in Subsection (1)(b)
12267 shall be removed from the Licensing Information System if the severe type of child abuse or
12268 neglect upon which the Licensing Information System entry was based:
12269 (A) is found to be unsubstantiated or without merit by the juvenile court under Section
12270 [ 78-3a-320 ] 78A-6-323 ; or
12271 (B) is found to be substantiated, but is subsequently reversed on appeal; and
12272 (ii) an alleged perpetrator's name and information that is removed from the Licensing
12273 Information System under Subsection (3)(e)(i) shall be placed back on the Licensing
12274 Information System if the court action that was the basis for removing the alleged perpetrator's
12275 name and information is subsequently reversed on appeal.
12276 (4) Upon the filing of a petition under Subsection (1)(c), the juvenile court shall make
12277 a finding of substantiated, unsubstantiated, or without merit as provided in Subsections
12278 [ 78-3a-320 ] 78A-6-323 (1) and (2).
12279 (5) Service of the notice described in Subsections (1)(a) and (2):
12280 (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4;
12281 and
12282 (b) does not preclude civil or criminal action against the alleged perpetrator.
12283 Section 176. Section 62A-4a-1006 is amended to read:
12284 62A-4a-1006. Licensing Information System -- Contents -- Juvenile court finding
12285 -- Protected record -- Access -- Criminal penalty.
12286 (1) (a) The division shall maintain a sub-part of the Management Information System
12287 established pursuant to Section 62A-4a-1003 , to be known as the Licensing Information
12288 System, to be used:
12289 (i) for licensing purposes; or
12290 (ii) as otherwise specifically provided for by law.
12291 (b) The Licensing Information System shall include only the following information:
12292 (i) the information described in Subsections 62A-4a-1005 (1)(b) and (3)(b);
12293 (ii) consented-to supported findings by alleged perpetrators under Subsection

12294 62A-4a-1005 (3)(a)(iii); and
12295 (iii) the information in the licensing part of the division's Management Information
12296 System as of May 6, 2002.
12297 (2) Notwithstanding Subsection (1), the department's access to information in the
12298 Management Information System for the licensure and monitoring of foster parents is governed
12299 by Sections 62A-4a-1003 and 62A-2-121 .
12300 (3) Subject to Subsection 62A-4a-1005 (3)(e), upon receipt of a finding from the
12301 juvenile court under Section [ 78-3a-320 ] 78A-6-323 , the division shall:
12302 (a) promptly amend the Licensing Information System; and
12303 (b) enter the information in the Management Information System.
12304 (4) (a) Information contained in the Licensing Information System is classified as a
12305 protected record under Title 63, Chapter 2, Government Records Access and Management Act.
12306 (b) Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government
12307 Records Access and Management Act, the information contained in the Licensing Information
12308 System may only be used or disclosed as specifically provided in this chapter and Section
12309 62A-2-121 .
12310 (c) The information described in Subsection (4)(b) is accessible only to:
12311 (i) the Office of Licensing within the department:
12312 (A) for licensing purposes; or
12313 (B) as otherwise specifically provided for by law;
12314 (ii) the division to:
12315 (A) screen a person at the request of the Office of the Guardian Ad Litem Director:
12316 (I) at the time that person seeks a paid or voluntary position with the Office of the
12317 Guardian Ad Litem Director; and
12318 (II) on an annual basis, throughout the time that the person remains with the Office of
12319 Guardian Ad Litem Director; and
12320 (B) respond to a request for information from a person whose name is listed in the
12321 Licensing Information System;

12322 (iii) two persons designated by and within the Department of Health, only for the
12323 following purposes:
12324 (A) licensing a child care program or provider; or
12325 (B) determining whether a person associated with a covered health care facility, as
12326 defined by the Department of Health by rule, who provides direct care to a child, has a
12327 supported finding of a severe type of child abuse or neglect; and
12328 (iv) the department, as specifically provided in this chapter.
12329 (5) The two persons designated by the Department of Health under Subsection
12330 (4)(c)(iii) shall adopt measures to:
12331 (a) protect the security of the Licensing Information System; and
12332 (b) strictly limit access to the Licensing Information System to those persons
12333 designated by statute.
12334 (6) All persons designated by statute as having access to information contained in the
12335 Licensing Information System shall receive training from the department with respect to:
12336 (a) accessing the Licensing Information System;
12337 (b) maintaining strict security; and
12338 (c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the
12339 improper release of information.
12340 (7) (a) A person, except those authorized by this chapter, may not request another
12341 person to obtain or release any other information in the Licensing Information System to screen
12342 for potential perpetrators of child abuse or neglect.
12343 (b) A person who requests information knowing that it is a violation of this Subsection
12344 (7) to do so is subject to the criminal penalty described in Sections 62A-4a-412 and 63-2-801 .
12345 Section 177. Section 62A-4a-1010 is amended to read:
12346 62A-4a-1010. Notice and opportunity for court hearing for persons listed in
12347 Licensing Information System.
12348 (1) Persons whose names were listed on the Licensing Information System as of May
12349 6, 2002 and who have not been the subject of a court determination with respect to the alleged

12350 incident of abuse or neglect may at any time:
12351 (a) request review by the division of their case and removal of their name from the
12352 Licensing Information System pursuant to Subsection (3); or
12353 (b) file a petition for an evidentiary hearing and a request for a finding of
12354 unsubstantiated or without merit.
12355 (2) Subsection (1) does not apply to an individual who has been the subject of any of
12356 the following court determinations with respect to the alleged incident of abuse or neglect:
12357 (a) conviction;
12358 (b) adjudication under Title [78] 78A, Chapter [3a] 6, Juvenile Court Act of 1996;
12359 (c) plea of guilty;
12360 (d) plea of guilty and mentally ill; or
12361 (e) no contest.
12362 (3) If an alleged perpetrator listed on the Licensing Information System prior to May 6,
12363 2002 requests removal of the alleged perpetrator's name from the Licensing Information
12364 System, the division shall, within 30 days:
12365 (a) (i) review the case to determine whether the incident of alleged abuse or neglect
12366 qualifies as:
12367 (A) a severe type of child abuse or neglect;
12368 (B) chronic physical abuse;
12369 (C) chronic emotional abuse; or
12370 (D) chronic neglect; and
12371 (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
12372 described in Subsections (3)(a)(i)(A) through (D), remove the alleged perpetrator's name from
12373 the Licensing Information System; or
12374 (b) determine whether to file a petition for substantiation.
12375 (4) If the division decides to file a petition, that petition must be filed no more than 14
12376 days after the decision.
12377 (5) The juvenile court shall act on the petition as provided in Subsection [ 78-3a-320 ]

12378 78A-6-323 (3).
12379 (6) If a person whose name appears on the Licensing Information System prior to May
12380 6, 2002 files a petition pursuant to Section [ 78-3a-320 ] 78A-6-323 during the time that an
12381 alleged perpetrator's application for clearance to work with children or vulnerable adults is
12382 pending, the court shall hear the matter on an expedited basis.
12383 Section 178. Section 62A-5-103.5 is amended to read:
12384 62A-5-103.5. Disbursal of public funds -- Background check of a direct service
12385 worker.
12386 (1) For purposes of this section:
12387 (a) "directly supervised" means that the person being supervised is under the
12388 uninterrupted visual and auditory surveillance of the person doing the supervising; and
12389 (b) "office" is as defined in Section 62A-2-101 .
12390 (2) Subject to Subsection (4), public funds may not be disbursed to pay a direct service
12391 worker for personal services rendered to a person, unless:
12392 (a) subject to Subsection (5), the direct service worker is approved by the office to have
12393 direct access and provide services to children or vulnerable adults pursuant to Section
12394 62A-2-120 ;
12395 (b) except as provided in Subsection (5):
12396 (i) during the time that the direct service worker renders the services described in this
12397 Subsection (2), the direct service worker who renders the services is directly supervised by a
12398 direct service worker who is approved by the office to have direct access and provide services
12399 to children or vulnerable adults pursuant to Section 62A-2-120 ;
12400 (ii) the direct service worker who renders the services described in this Subsection (2)
12401 has submitted the information required for a background check pursuant to Section 62A-2-120 ;
12402 and
12403 (iii) the office has not determined whether to approve the direct service worker
12404 described in Subsection (2)(b)(ii) to have direct access and provide services to children or
12405 vulnerable adults; or

12406 (c) except as provided in Subsection (5), the direct service worker:
12407 (i) (A) is a direct ancestor or descendent of the person to whom the services are
12408 rendered, but is not the person's parent;
12409 (B) is the aunt, uncle, or sibling of the person to whom the services are rendered; or
12410 (C) (I) has submitted the information required for a background check pursuant to
12411 Section 62A-2-120 ; and
12412 (II) the office has not determined whether to approve the direct service worker to have
12413 direct access and provide services to children or vulnerable adults; and
12414 (ii) is not listed in:
12415 (A) the Licensing Information System of the Division of Child and Family Services
12416 created by Section 62A-4a-1006 ;
12417 (B) the statewide database of the Division of Aging and Adult Services created by
12418 Section 62A-3-311.1 as having a substantiated finding of abuse, neglect, or exploitation; or
12419 (C) juvenile court records as having a substantiated finding under Section [ 78-3a-320 ]
12420 78A-6-323 that the direct service worker committed a severe type of child abuse or neglect.
12421 (3) For purposes of Subsection (2), the office shall conduct a background check of a
12422 direct service worker:
12423 (a) except as provided in Subsection (2)(b) or (c), before public funds are disbursed to
12424 pay the direct service worker for the personal services described in Subsection (2); and
12425 (b) using the same procedures established for a background check of an applicant for
12426 an initial license under Section 62A-2-120 .
12427 (4) The background check and the approval determination described in this section
12428 shall be conducted for a direct service worker on an annual basis.
12429 (5) Notwithstanding any other provision of this section, a child who is in the legal
12430 custody of the department or any of the department's divisions may not be placed with a direct
12431 service worker unless, before the child is placed with the direct service worker, the direct
12432 service worker passes a background check, pursuant to the requirements of Section 62A-2-120 ,
12433 that includes:

12434 (a) submitting the direct service worker's fingerprints for an FBI national criminal
12435 history records check, through the Criminal Investigations and Technical Services Division;
12436 (b) checking the child abuse and neglect registry in each state where the direct service
12437 worker resided in the five years immediately preceding the day on which the direct service
12438 worker applied to be a direct service worker; and
12439 (c) checking the child abuse and neglect registry in each state where each adult living
12440 in the home where the child will be placed resided in the five years immediately preceding the
12441 day on which the direct service worker applied to be a direct service worker.
12442 Section 179. Section 62A-5-109 is amended to read:
12443 62A-5-109. Parent liable for cost and support of minor -- Guardian liable for
12444 costs.
12445 (1) Parents of a person who receives services or support from the division, who are
12446 financially responsible, are liable for the cost of the actual care and maintenance of that person
12447 and for the support of the child in accordance with Title [78] 78B, Chapter [45, Uniform Civil
12448 Liability for] 12, Utah Child Support Act, and Title 62A, Chapter 11, Public Support of
12449 Children Act until [he] the person reaches 18 years of age.
12450 (2) A guardian of a person who receives services or support from the division is liable
12451 for the cost of actual care and maintenance of that person, regardless of his age, where funds
12452 are available in the guardianship estate established on his behalf for that purpose. However, if
12453 the person who receives services is a beneficiary of a trust created in accordance with Section
12454 62A-5-110 , or if the guardianship estate meets the requirements of a trust described in that
12455 section, the trust income prior to distribution to the beneficiary, and the trust principal are not
12456 subject to payment for services or support for that person.
12457 (3) If, at the time a person who receives services or support from the division is
12458 discharged from a facility or program owned or operated by or under contract with the division,
12459 or after the death and burial of a resident of the developmental center, there remains in the
12460 custody of the division or the superintendent any money paid by a parent or guardian for the
12461 support or maintenance of that person, it shall be repaid upon demand.

12462 Section 180. Section 62A-7-101 is amended to read:
12463 62A-7-101. Definitions.
12464 As used in this chapter:
12465 (1) "Authority" means the Youth Parole Authority, established in accordance with
12466 Section 62A-7-501 .
12467 (2) "Board" means the Board of Juvenile Justice Services established in accordance
12468 with Section 62A-1-105 .
12469 (3) "Community-based program" means a nonsecure residential or nonresidential
12470 program designated to supervise and rehabilitate youth offenders in the least restrictive setting,
12471 consistent with public safety, and designated or operated by or under contract with the division.
12472 (4) "Control" means the authority to detain, restrict, and supervise a youth in a manner
12473 consistent with public safety and the well being of the youth and division employees.
12474 (5) "Court" means the juvenile court.
12475 (6) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
12476 committed by an adult.
12477 (7) "Detention" means secure detention or home detention.
12478 (8) "Detention center" means a facility established in accordance with Title 62A,
12479 Chapter 7, Part 2, Detention Facilities.
12480 (9) "Director" means the director of the Division of Juvenile Justice Services.
12481 (10) "Discharge" means a written order of the Youth Parole Authority that removes a
12482 youth offender from its jurisdiction.
12483 (11) "Division" means the Division of Juvenile Justice Services.
12484 (12) "Home detention" means predispositional placement of a child in the child's home
12485 or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
12486 by a child who is alleged to have committed a delinquent act or postdispositional placement
12487 pursuant to Subsection [ 78-3a-118 ] 78A-6-117 (2)(f) or [ 78-3a-901 ] 78A-6-1101 (3).
12488 (13) "Observation and assessment program" means a service program operated or
12489 purchased by the division, that is responsible for temporary custody of youth offenders for

12490 observation.
12491 (14) "Parole" means a conditional release of a youth offender from residency in a
12492 secure facility to live outside that facility under the supervision of the Division of Juvenile
12493 Justice Services or other person designated by the division.
12494 (15) "Receiving center" means a nonsecure, nonresidential program established by the
12495 division or under contract with the division that is responsible for juveniles taken into custody
12496 by a law enforcement officer for status offenses or delinquent acts, but who do not meet the
12497 criteria for admission to secure detention or shelter.
12498 (16) "Rescission" means a written order of the Youth Parole Authority that rescinds a
12499 parole date.
12500 (17) "Revocation of parole" means a written order of the Youth Parole Authority that
12501 terminates parole supervision of a youth offender and directs return of the youth offender to the
12502 custody of a secure facility because of a violation of the conditions of parole.
12503 (18) "Runaway" means a youth who willfully leaves the residence of a parent or
12504 guardian without the permission of the parent or guardian.
12505 (19) "Secure detention" means predisposition placement in a facility operated by or
12506 under contract with the division, for conduct by a child who is alleged to have committed a
12507 delinquent act.
12508 (20) "Secure facility" means any facility operated by or under contract with the
12509 division, that provides 24-hour supervision and confinement for youth offenders committed to
12510 the division for custody and rehabilitation.
12511 (21) "Shelter" means the temporary care of children in physically unrestricted facilities
12512 pending court disposition or transfer to another jurisdiction.
12513 (22) "Temporary custody" means control and responsibility of nonadjudicated youth
12514 until the youth can be released to the parent, guardian, a responsible adult, or to an appropriate
12515 agency.
12516 (23) "Termination" means a written order of the Youth Parole Authority that terminates
12517 a youth offender from parole.

12518 (24) "Ungovernable" means a youth in conflict with a parent or guardian, and the
12519 conflict:
12520 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
12521 guardian, to manage effectively;
12522 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
12523 (c) results in the situations in both Subsections (24)(a) and (b).
12524 (25) "Work program" means a public or private service work project established and
12525 administered by the division for youth offenders for the purpose of rehabilitation, education,
12526 and restitution to victims.
12527 (26) "Youth offender" means a person 12 years of age or older, and who has not
12528 reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
12529 jurisdiction of the division, for confinement in a secure facility or supervision in the
12530 community, following adjudication for a delinquent act which would constitute a felony or
12531 misdemeanor if committed by an adult.
12532 (27) (a) "Youth services" means services provided in an effort to resolve family
12533 conflict:
12534 (i) for families in crisis when a minor is ungovernable or runaway; or
12535 (ii) involving a minor and the minor's parent or guardian.
12536 (b) These services include efforts to:
12537 (i) resolve family conflict;
12538 (ii) maintain or reunite minors with their families; and
12539 (iii) divert minors from entering or escalating in the juvenile justice system;
12540 (c) The services may provide:
12541 (i) crisis intervention;
12542 (ii) short-term shelter;
12543 (iii) time out placement; and
12544 (iv) family counseling.
12545 Section 181. Section 62A-7-102 is amended to read:

12546 62A-7-102. Creation of division -- Jurisdiction.
12547 There is created the Division of Juvenile Justice Services within the department, under
12548 the administration and supervision of the executive director, and under the policy direction of
12549 the board. The division has jurisdiction over all youth committed to it pursuant to Section
12550 [ 78-3a-118 ] 78A-6-117 .
12551 Section 182. Section 62A-7-104 is amended to read:
12552 62A-7-104. Division responsibilities.
12553 (1) The division is responsible for all youth offenders committed to it by juvenile
12554 courts for secure confinement or supervision and treatment in the community.
12555 (2) The division shall:
12556 (a) establish and administer a continuum of community, secure, and nonsecure
12557 programs for all youth offenders committed to the division;
12558 (b) establish and maintain all detention and secure facilities and set minimum standards
12559 for those facilities;
12560 (c) establish and operate prevention and early intervention youth services programs for
12561 nonadjudicated youth placed with the division; and
12562 (d) establish observation and assessment programs necessary to serve youth offenders
12563 committed by the juvenile court for short-term observation under Subsection [ 78-3a-118 ]
12564 78A-6-117 (2)(e), and whenever possible, conduct the programs in settings separate and distinct
12565 from secure facilities for youth offenders.
12566 (3) The division shall place youth offenders committed to it in the most appropriate
12567 program for supervision and treatment.
12568 (4) In any order committing a youth offender to the division, the juvenile court shall
12569 specify whether the youth offender is being committed for secure confinement or placement in
12570 a community-based program. The division shall place the youth offender in the most
12571 appropriate program within the category specified by the court.
12572 (5) The division shall employ staff necessary to:
12573 (a) supervise and control youth offenders in secure facilities or in the community;

12574 (b) supervise and coordinate treatment of youth offenders committed to the division for
12575 placement in community-based programs; and
12576 (c) control and supervise nonadjudicated youth placed with the division for temporary
12577 services in receiving centers, youth services, and other programs established by the division.
12578 (6) Youth in the custody or temporary custody of the division are controlled or detained
12579 in a manner consistent with public safety and rules promulgated by the division. In the event of
12580 an unauthorized leave from a secure facility, detention center, community-based program,
12581 receiving center, home, or any other designated placement, division employees have the
12582 authority and duty to locate and apprehend the youth, or to initiate action with local law
12583 enforcement agencies for assistance.
12584 (7) The division shall establish and operate compensatory-service work programs for
12585 youth offenders committed to the division by the juvenile court. The compensatory-service
12586 work program shall:
12587 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
12588 parks, highways, and other programs designated by the division;
12589 (b) provide educational and prevocational programs in cooperation with the State
12590 Board of Education for youth offenders placed in the program; and
12591 (c) provide counseling to youth offenders.
12592 (8) The division shall establish minimum standards for the operation of all private
12593 residential and nonresidential rehabilitation facilities which provide services to juveniles who
12594 have committed a delinquent act, in this state or in any other state.
12595 (9) In accordance with policies established by the board, the division shall provide
12596 regular training for staff of secure facilities, detention staff, case management staff, and staff of
12597 the community-based programs.
12598 (10) (a) The division is authorized to employ special function officers, as defined in
12599 Section 53-13-105 , to locate and apprehend minors who have absconded from division
12600 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
12601 carry out other duties as assigned by the division.

12602 (b) Special function officers may be employed through contract with the Department of
12603 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
12604 (11) The division shall designate employees to obtain the saliva DNA specimens
12605 required under Section 53-10-403 . The division shall ensure that the designated employees
12606 receive appropriate training and that the specimens are obtained in accordance with accepted
12607 protocol.
12608 (12) The division shall register with the Department of Corrections any person who:
12609 (a) has been adjudicated delinquent based on an offense listed in Subsection
12610 77-27-21.5 (1)(f)(i);
12611 (b) has been committed to the division for secure confinement; and
12612 (c) remains in the division's custody 30 days prior to the person's 21st birthday.
12613 Section 183. Section 62A-7-201 is amended to read:
12614 62A-7-201. Confinement -- Facilities -- Restrictions.
12615 (1) Children under 18 years of age, who are apprehended by any officer or brought
12616 before any court for examination under any provision of state law, may not be confined in jails,
12617 lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
12618 secure postadjudication correctional facilities operated by the division, except as provided by
12619 specific statute and in conformance with standards approved by the board.
12620 (2) (a) Children charged by information or indictment with crimes as a serious youth
12621 offender under Section [ 78-3a-602 ] 78A-6-702 or certified to stand trial as an adult pursuant to
12622 Section [ 78-3a-603 ] 78A-6-703 may be detained in a jail or other place of detention used for
12623 adults.
12624 (b) Children detained in adult facilities under Section [ 78-3a-602 ] 78A-6-702 or
12625 [ 78-3a-603 ] 78A-6-703 prior to a hearing before a magistrate, or under Subsection [ 78-3a-114 ]
12626 78A-6-113 (3), may only be held in certified juvenile detention accommodations in accordance
12627 with rules promulgated by the division. Those rules shall include standards for acceptable sight
12628 and sound separation from adult inmates. The division certifies facilities that are in
12629 compliance with the division's standards.

12630 (3) In areas of low density population, the division may, by rule, approve juvenile
12631 holding accommodations within adult facilities that have acceptable sight and sound
12632 separation. Those facilities shall be used only for short-term holding purposes, with a
12633 maximum confinement of six hours, for children alleged to have committed an act which
12634 would be a criminal offense if committed by an adult. Acceptable short-term holding purposes
12635 are: identification, notification of juvenile court officials, processing, and allowance of
12636 adequate time for evaluation of needs and circumstances regarding release or transfer to a
12637 shelter or detention facility.
12638 (4) Children who are alleged to have committed an act which would be a criminal
12639 offense if committed by an adult, may be detained in holding rooms in local law enforcement
12640 agency facilities for a maximum of two hours, for identification or interrogation, or while
12641 awaiting release to a parent or other responsible adult. Those rooms shall be certified by the
12642 division, according to the division's rules. Those rules shall include provisions for constant
12643 supervision and for sight and sound separation from adult inmates.
12644 (5) Willful failure to comply with any of the provisions of this section is a class B
12645 misdemeanor.
12646 (6) (a) The division is responsible for the custody and detention of children under 18
12647 years of age who require detention care prior to trial or examination, or while awaiting
12648 assignment to a home or facility, as a dispositional placement under Subsection [ 78-3a-118 ]
12649 78A-6-117 (2)(f)(i) or [ 78-3a-901 ] 78A-6-1101 (3)(a), and of youth offenders under Subsection
12650 62A-7-504 (8).
12651 (b) The division shall provide standards for custody or detention under Subsections
12652 (2)(b), (3), and (4), and shall determine and set standards for conditions of care and
12653 confinement of children in detention facilities.
12654 (c) All other custody or detention shall be provided by the division, or by contract with
12655 a public or private agency willing to undertake temporary custody or detention upon agreed
12656 terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
12657 in law enforcement and corrections systems.

12658 Section 184. Section 62A-11-104 is amended to read:
12659 62A-11-104. Duties of office.
12660 The office has the following duties:
12661 (1) to provide child support services if:
12662 (a) the office has received an application for child support services;
12663 (b) the state has provided public assistance; or
12664 (c) a child lives out of the home in the protective custody, temporary custody, or
12665 custody or care of the state;
12666 (2) to carry out the obligations of the department contained in this chapter and in Title
12667 [78] 78B, Chapters [45, Uniform Civil Liability for] 12, Utah Child Support Act, Chapter [45g]
12668 15, Utah Uniform Parentage Act, and Chapter [45f] 14, Uniform Interstate Family Support Act,
12669 for the purpose of collecting child support;
12670 (3) to collect money due the department which could act to offset expenditures by the
12671 state;
12672 (4) to cooperate with the federal government in programs designed to recover health
12673 and social service funds;
12674 (5) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
12675 and reimbursable expenses owed to the state or any of its political subdivisions, if the office
12676 has contracted to provide collection services;
12677 (6) to implement income withholding for collection of child support in accordance with
12678 Part 4, Income Withholding in IV-D Cases, of this chapter;
12679 (7) to enter into agreements with financial institutions doing business in the state to
12680 develop and operate, in coordination with such financial institutions, a data match system in the
12681 manner provided for in Section 62A-11-304.5 ;
12682 (8) to establish and maintain the state case registry in the manner required by the Social
12683 Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
12684 (a) the amount of monthly or other periodic support owed under the order, and other
12685 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under

12686 the order;
12687 (b) any amount described in Subsection (8)(a) that has been collected;
12688 (c) the distribution of collected amounts;
12689 (d) the birth date of any child for whom the order requires the provision of support; and
12690 (e) the amount of any lien imposed with respect to the order pursuant to this part;
12691 (9) to contract with the Department of Workforce Services to establish and maintain
12692 the new hire registry created under Section 35A-7-103 ;
12693 (10) to determine whether an individual who has applied for or is receiving cash
12694 assistance or Medicaid is cooperating in good faith with the office as required by Section
12695 62A-11-307.2 ;
12696 (11) to finance any costs incurred from collections, fees, General Fund appropriation,
12697 contracts, and federal financial participation; and
12698 (12) to provide notice to a noncustodial parent in accordance with Section
12699 62A-11-304.4 of the opportunity to contest the accuracy of allegations by a custodial parent of
12700 nonpayment of past-due child support, prior to taking action against a noncustodial parent to
12701 collect the alleged past-due support.
12702 Section 185. Section 62A-11-107 is amended to read:
12703 62A-11-107. Director -- Powers of office -- Representation by county attorney or
12704 attorney general -- Receipt of grants -- Rulemaking and enforcement.
12705 (1) The director of the office shall be appointed by the executive director.
12706 (2) The office has power to administer oaths, certify to official acts, issue subpoenas,
12707 and to compel witnesses and the production of books, accounts, documents, and evidence.
12708 (3) The office has the power to seek administrative and judicial orders to require an
12709 obligor who owes past-due support and is obligated to support a child receiving public
12710 assistance to participate in appropriate work activities if the obligor is unemployed and is not
12711 otherwise incapacitated.
12712 (4) The office has the power to enter into reciprocal child support enforcement
12713 agreements with foreign countries consistent with federal law and cooperative enforcement

12714 agreements with Indian Tribes.
12715 (5) The office has the power to pursue through court action the withholding,
12716 suspension, and revocation of driver's licenses, professional and occupational licenses, and
12717 recreational licenses of individuals owing overdue support or failing, after receiving
12718 appropriate notice, to comply with subpoenas or orders relating to paternity or child support
12719 proceedings pursuant to Section [ 78-32-17 ] 78B-6-315 .
12720 (6) It is the duty of the attorney general or the county attorney of any county in which a
12721 cause of action can be filed, to represent the office. Neither the attorney general nor the county
12722 attorney represents or has an attorney-client relationship with the obligee or the obligor in
12723 carrying out the duties arising under this chapter.
12724 (7) The office, with department approval, is authorized to receive any grants or
12725 stipends from the federal government or other public or private source designed to aid the
12726 efficient and effective operation of the recovery program.
12727 (8) The office may adopt, amend, and enforce rules as may be necessary to carry out
12728 the provisions of this chapter.
12729 Section 186. Section 62A-11-303 is amended to read:
12730 62A-11-303. Definitions.
12731 As used in this part:
12732 (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
12733 accordance with Title 63, Chapter 46b, Administrative Procedures Act.
12734 (2) "Administrative order" means an order that has been issued by the office, the
12735 department, or an administrative agency of another state or other comparable jurisdiction with
12736 similar authority to that of the office.
12737 (3) "Assistance" or "public assistance" is defined in Section 62A-11-103 .
12738 (4) "Business day" means a day on which state offices are open for regular business.
12739 (5) "Child" means:
12740 (a) a son or daughter under the age of 18 years who is not otherwise emancipated,
12741 self-supporting, married, or a member of the armed forces of the United States;

12742 (b) a son or daughter over the age of 18 years, while enrolled in high school during the
12743 normal and expected year of graduation and not otherwise emancipated, self-supporting,
12744 married, or a member of the armed forces of the United States; or
12745 (c) a son or daughter of any age who is incapacitated from earning a living and is
12746 without sufficient means.
12747 (6) "Child support" is defined in Section 62A-11-401 .
12748 (7) "Child support guidelines" or "guidelines" is defined in Section [ 78-45-2 ]
12749 78B-12-102 .
12750 (8) "Child support order" or "support order" is defined in Section 62A-11-401 .
12751 (9) "Child support services" or "IV-D child support services" is defined in Section
12752 62A-11-103 .
12753 (10) "Court order" means a judgment or order of a tribunal of appropriate jurisdiction
12754 of this state, another state, Native American tribe, the federal government, or any other
12755 comparable jurisdiction.
12756 (11) "Director" means the director of the Office of Recovery Services.
12757 (12) "Disposable earnings" is defined in Section 62A-11-103 .
12758 (13) "High-volume automated administrative enforcement" in interstate cases means,
12759 on the request of another state, the identification by the office, through automatic data matches
12760 with financial institutions and other entities where assets may be found, of assets owned by
12761 persons who owe child support in the requesting state, and the seizure of the assets by the
12762 office, through levy or other appropriate processes.
12763 (14) "Income" is defined in Section 62A-11-103 .
12764 (15) "Notice of agency action" means the notice required to commence an adjudicative
12765 proceeding in accordance with Section 63-46b-3 .
12766 (16) "Obligee" means an individual, this state, another state, or other comparable
12767 jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of
12768 child support or public assistance.
12769 (17) "Obligor" means a person, firm, corporation, or the estate of a decedent owing a

12770 duty of support to this state, to an individual, to another state, or other corporate jurisdiction in
12771 whose behalf this state is acting.
12772 (18) "Office" is defined in Section 62A-11-103 .
12773 (19) "Parent" means a natural parent or an adoptive parent of a dependent child.
12774 (20) "Person" includes an individual, firm, corporation, association, political
12775 subdivision, department, or office.
12776 (21) "Presiding officer" means a presiding officer described in Section 63-46b-2 .
12777 (22) "Support" includes past-due, present, and future obligations established by:
12778 (a) a tribunal or imposed by law for the financial support, maintenance, medical, or
12779 dental care of a dependent child; and
12780 (b) a tribunal for the financial support of a spouse or former spouse with whom the
12781 obligor's dependent child resides if the obligor also owes a child support obligation that is
12782 being enforced by the state.
12783 (23) "Support debt," "past-due support," or "arrears" means the debt created by
12784 nonpayment of support.
12785 (24) "Tribunal" means the district court, the Department of Human Services, the Office
12786 of Recovery Services, or court or administrative agency of any state, territory, possession of the
12787 United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American
12788 Tribe, or other comparable domestic or foreign jurisdiction.
12789 Section 187. Section 62A-11-304.2 is amended to read:
12790 62A-11-304.2. Issuance or modification of administrative order -- Compliance
12791 with court order -- Authority of office -- Stipulated agreements -- Notification
12792 requirements.
12793 (1) Through an adjudicative proceeding the office may issue or modify an
12794 administrative order that:
12795 (a) determines paternity;
12796 (b) determines whether an obligor owes support;
12797 (c) determines temporary orders of child support upon clear and convincing evidence

12798 of paternity in the form of genetic test results or other evidence;
12799 (d) requires an obligor to pay a specific or determinable amount of present and future
12800 support;
12801 (e) determines the amount of past-due support;
12802 (f) orders an obligor who owes past-due support and is obligated to support a child
12803 receiving public assistance to participate in appropriate work activities if the obligor is
12804 unemployed and is not otherwise incapacitated;
12805 (g) imposes a penalty authorized under this chapter;
12806 (h) determines an issue that may be specifically contested under this chapter by a party
12807 who timely files a written request for an adjudicative proceeding with the office; and
12808 (i) renews an administrative judgment.
12809 (2) (a) An abstract of a final administrative order issued under this section or a notice
12810 of judgment-lien under Section 62A-11-312.5 may be filed with the clerk of any district court.
12811 (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
12812 (i) docket the abstract or notice in the judgment docket of the court and note the time of
12813 receipt on the abstract or notice and in the judgment docket; and
12814 (ii) at the request of the office, place a copy of the abstract or notice in the file of a
12815 child support action involving the same parties.
12816 (3) If a judicial order has been issued, the office may not issue an order under
12817 Subsection (1) that is not based on the judicial order, except:
12818 (a) the office may establish a new obligation in those cases in which the juvenile court
12819 has ordered the parties to meet with the office to determine the support pursuant to Section
12820 [ 78-3a-906 ] 78A-6-1106 ; or
12821 (b) the office may issue an order of current support in accordance with the child support
12822 guidelines if the conditions of Subsection [ 78-45f-207 ] 78B-14-207 (2)(c) are met.
12823 (4) The office may proceed under this section in the name of this state, another state
12824 under Section 62A-11-305 , any department of this state, the office, or the obligee.
12825 (5) The office may accept voluntary acknowledgment of a support obligation and enter

12826 into stipulated agreements providing for the issuance of an administrative order under this part.
12827 (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
12828 checks, money orders, or other negotiable instruments received by the office for support.
12829 (7) The obligor shall, after a notice of agency action has been served on him in
12830 accordance with Section 63-46b-3 , keep the office informed of:
12831 (a) his current address;
12832 (b) the name and address of current payors of income;
12833 (c) availability of or access to health insurance coverage; and
12834 (d) applicable health insurance policy information.
12835 Section 188. Section 62A-11-304.4 is amended to read:
12836 62A-11-304.4. Filing of location information -- Service of process.
12837 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
12838 modify, or enforce a support order, each party shall file identifying information and shall
12839 update that information as changes occur:
12840 (i) with the court or administrative agency that conducted the proceeding; and
12841 (ii) after October 1, 1998, with the state case registry.
12842 (b) The identifying information required under Subsection (1)(a) shall include the
12843 person's Social Security number, driver's license number, residential and mailing addresses,
12844 telephone numbers, the name, address, and telephone number of employers, and any other data
12845 required by the United States Secretary of Health and Human Services.
12846 (c) In any subsequent child support action involving the office or between the parties,
12847 state due process requirements for notice and service of process shall be satisfied as to a party
12848 upon:
12849 (i) a sufficient showing that diligent effort has been made to ascertain the location of
12850 the party; and
12851 (ii) delivery of notice to the most recent residential or employer address filed with the
12852 court, administrative agency, or state case registry under Subsection (1)(a).
12853 (2) (a) The office shall provide individuals who are applying for or receiving services

12854 under this chapter or who are parties to cases in which services are being provided under this
12855 chapter:
12856 (i) with notice of all proceedings in which support obligations might be established or
12857 modified; and
12858 (ii) with a copy of any order establishing or modifying a child support obligation, or in
12859 the case of a petition for modification, a notice of determination that there should be no change
12860 in the amount of the child support award, within 14 days after issuance of such order or
12861 determination.
12862 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
12863 be provided in accordance with Section [ 78-45f-614 ] 78B-14-614 .
12864 (3) Service of all notices and orders under this part shall be made in accordance with
12865 Title 63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
12866 this section.
12867 (4) Consistent with Title 63, Chapter 2, Government Records Access and Management
12868 Act, the office shall adopt procedures to classify records to prohibit the unauthorized use or
12869 disclosure of information relating to a proceeding to:
12870 (a) establish paternity; or
12871 (b) establish or enforce support.
12872 (5) (a) The office shall, upon written request, provide location information available in
12873 its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
12874 provided that:
12875 (i) the party seeking the information produces a copy of the parent-time order signed by
12876 the court;
12877 (ii) the information has not been safeguarded in accordance with Section 454 of the
12878 Social Security Act;
12879 (iii) the party whose location is being sought has been afforded notice in accordance
12880 with this section of the opportunity to contest release of the information;
12881 (iv) the party whose location is being sought has not provided the office with a copy of

12882 a protective order, a current court order prohibiting disclosure, a current court order limiting or
12883 prohibiting the requesting person's contact with the party or child whose location is being
12884 sought, a criminal order, an administrative order pursuant to Section 62A-4a-1009 , or
12885 documentation of a pending proceeding for any of the above; and
12886 (v) there is no other state or federal law that would prohibit disclosure.
12887 (b) "Location information" shall consist of the current residential address of the
12888 custodial or noncustodial parent and, if different and known to the office, the current residence
12889 of any children who are the subject of the parent-time order. If there is no current residential
12890 address available, the person's place of employment and any other location information shall be
12891 disclosed.
12892 (c) For the purposes of this section, "reason to believe" under Section 454 of the Social
12893 Security Act means that the person seeking to safeguard information has provided to the office
12894 a copy of a protective order, current court order prohibiting disclosure, current court order
12895 prohibiting or limiting the requesting person's contact with the party or child whose location is
12896 being sought, criminal order signed by a court of competent jurisdiction, an administrative
12897 order pursuant to Section 62A-4a-1009 , or documentation of a pending proceeding for any of
12898 the above.
12899 (d) Neither the state, the department, the office nor its employees shall be liable for any
12900 information released in accordance with this section.
12901 (6) Custodial or noncustodial parents or their legal representatives who are denied
12902 location information in accordance with Subsection (5) may serve the Office of Recovery
12903 Services to initiate an action to obtain the information.
12904 Section 189. Section 62A-11-305 is amended to read:
12905 62A-11-305. Support collection services requested by agency of another state.
12906 (1) In accordance with Title [78] 78B, Chapter [45f] 14, Uniform Interstate Family
12907 Support Act, the office may proceed to issue or modify an order under Section 62A-11-304.2 to
12908 collect under this part from an obligor who is located in or is a resident of this state regardless
12909 of the presence or residence of the obligee if:

12910 (a) support collection services are requested by an agency of another state that is
12911 operating under Part IV-D of the Social Security Act; or
12912 (b) an individual applies for services.
12913 (2) The office shall use high-volume automated administrative enforcement, to the
12914 same extent it is used for intrastate cases, in response to a request made by another state's IV-D
12915 child support agency to enforce support orders.
12916 (3) A request by another state shall constitute a certification by the requesting state:
12917 (a) of the amount of support under the order of payment of which is in arrears; and
12918 (b) that the requesting state has complied with procedural due process requirements
12919 applicable to the case.
12920 (4) The office shall give automated administrative interstate enforcement requests the
12921 same priority as a two-state referral received from another state to enforce a support order.
12922 (5) The office shall promptly report the results of the enforcement procedures to the
12923 requesting state.
12924 (6) As required by the Social Security Act, 42 U.S.C. Sec. 666(a)(14), the office shall
12925 maintain records of:
12926 (a) the number of requests for enforcement assistance received by the office under this
12927 section;
12928 (b) the number of cases for which the state collected support in response to those
12929 requests; and
12930 (c) the amount of support collected.
12931 Section 190. Section 62A-11-312.5 is amended to read:
12932 62A-11-312.5. Liens by operation of law and writs of garnishment.
12933 (1) Each payment or installment of child support is, on and after the date it is due, a
12934 judgment with the same attributes and effect of any judgment of a district court in accordance
12935 with Section [ 78-45-9.3 ] 78B-12-112 and for purposes of Section [ 78-22-1 ] 78B-5-202 .
12936 (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
12937 lien against the real property of the obligor upon the filing of a notice of judgment-lien in the

12938 district court where the obligor's real property is located if the notice:
12939 (i) specifies the amount of past-due support; and
12940 (ii) complies with the procedural requirements of Section [ 78-22-1 ] 78B-5-202 .
12941 (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
12942 execute a judgment or final administrative order under this section against real or personal
12943 property in the obligor's possession.
12944 (3) (a) The office may issue a writ of garnishment against the obligor's personal
12945 property in the possession of a third party for a judgment under Subsection (1) or a final
12946 administrative order in the same manner and with the same effect as if the writ were issued on
12947 a judgment of a district court if:
12948 (i) the judgment or final administrative order is recorded on the office's automated case
12949 registry; and
12950 (ii) the writ is signed by the director or the director's designee and served by certified
12951 mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
12952 (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
12953 and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
12954 provided by Section 62A-11-316 .
12955 Section 191. Section 62A-11-333 is amended to read:
12956 62A-11-333. Right to judicial review.
12957 (1) (a) Within 30 days of notice of any administrative action on the part of the office to
12958 establish paternity or establish, modify or enforce a child support order, the obligor may file a
12959 petition for de novo review with the district court.
12960 (b) For purposes of Subsection (1)(a), notice includes:
12961 (i) notice actually received by the obligor in accordance with Section 62A-11-304.4 ;
12962 (ii) participation by the obligor in the proceedings related to the establishment of the
12963 paternity or the modification or enforcement of child support; or
12964 (iii) receiving a paycheck in which a reduction has been made for child support.
12965 (2) The petition shall name the office and all other appropriate parties as respondents

12966 and meet the form requirements specified in Section 63-46b-15 .
12967 (3) A copy of the petition shall be served upon the Child and Family Support Division
12968 of the Office of Attorney General.
12969 (4) (a) If the petition is regarding the amount of the child support obligation established
12970 in accordance with Title [78] 78B, Chapter [45, Uniform Civil Liability for] 12, Utah Child
12971 Support Act, the court may issue a temporary order for child support until a final order is
12972 issued.
12973 (b) The petitioner may file an affidavit stating the amount of child support reasonably
12974 believed to be due and the court may issue a temporary order for that amount. The temporary
12975 order shall be valid for 60 days, unless extended by the court while the action is being pursued.
12976 (c) If the court upholds the amount of support established in Subsection (4)(a), the
12977 petitioner shall be ordered to make up the difference between the amount originally ordered in
12978 Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).
12979 (d) This Subsection (4) does not apply to an action for the court-ordered modification
12980 of a judicial child support order.
12981 (5) The court may, on its own initiative and based on the evidence before it, determine
12982 whether the petitioner violated U.R. Civ. P. Rule 11 by filing the action. If the court
12983 determines that U.R.Civ.P. Rule 11 was violated, it shall, at a minimum, award to the office
12984 [attorneys'] attorney fees and costs for the action.
12985 (6) Nothing in this section precludes the obligor from seeking administrative remedies
12986 as provided in this chapter.
12987 Section 192. Section 62A-11-401 is amended to read:
12988 62A-11-401. Definitions.
12989 As used in this part and in Part 5:
12990 (1) "Business day" means a day on which state offices are open for regular business.
12991 (2) "Child" is defined in Section 62A-11-303 .
12992 (3) "Child support" means a base child support award as defined in Subsection
12993 [ 78-45-2 ] 78B-12-102 (4), or a financial award for uninsured monthly medical expenses,

12994 ordered by a tribunal for the support of a child, including current periodic payments, all
12995 arrearages which accrue under an order for current periodic payments, and sum certain
12996 judgments awarded for arrearages, medical expenses, and child care costs. Child support
12997 includes obligations ordered by a tribunal for the support of a spouse or former spouse with
12998 whom the child resides if the spousal support is collected with the child support.
12999 (4) "Child support order" or "support order" means a judgment, decree, or order,
13000 whether temporary, final, or subject to modification, issued by a tribunal for child support and
13001 related costs and fees, interest and penalties, income withholding, [attorneys'] attorney fees, and
13002 other relief.
13003 (5) "Child support services" is defined in Section 62A-11-103 .
13004 (6) "Delinquent" or "delinquency" means that child support in an amount at least equal
13005 to current child support payable for one month is overdue.
13006 (7) "Immediate income withholding" means income withholding without regard to
13007 whether a delinquency has occurred.
13008 (8) "Income" is defined in Section 62A-11-103 .
13009 (9) "Jurisdiction" means a state or political subdivision of the United States, a territory
13010 or possession of the United States, the District of Columbia, the Commonwealth of Puerto
13011 Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
13012 subdivision.
13013 (10) "Obligee" is defined in Section 62A-11-303 .
13014 (11) "Obligor" is defined in Section 62A-11-303 .
13015 (12) "Office" is defined in Section 62A-11-103 .
13016 (13) "Payor" means an employer or any person who is a source of income to an obligor.
13017 Section 193. Section 62A-15-202 is amended to read:
13018 62A-15-202. Definitions.
13019 As used in this part:
13020 (1) "Juvenile substance abuse offender" means any juvenile found to come within the
13021 provisions of Section [ 78-3a-104 ] 78A-6-103 for a drug or alcohol related offense, as

13022 designated by the Board of Juvenile Court Judges.
13023 (2) "Local substance abuse authority" means a county legislative body designated to
13024 provide substance abuse services in accordance with Section 17-43-201 .
13025 (3) "Teen substance abuse school" means any school established by the local substance
13026 abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an
13027 educational, interpersonal, skill-building experience for juvenile substance abuse offenders and
13028 their parents or legal guardians.
13029 Section 194. Section 62A-15-204 is amended to read:
13030 62A-15-204. Court order to attend substance abuse school -- Assessments.
13031 (1) In addition to any other disposition ordered by the juvenile court pursuant to
13032 Section [ 78-3a-118 ] 78A-6-117 , the court may order a juvenile and his parents or legal
13033 guardians to attend a teen substance abuse school, and order payment of an assessment in
13034 addition to any other fine imposed.
13035 (2) All assessments collected shall be forwarded to the county treasurer of the county
13036 where the juvenile resides, to be used exclusively for the operation of a teen substance abuse
13037 program.
13038 Section 195. Section 62A-15-607 is amended to read:
13039 62A-15-607. Responsibility for cost of care.
13040 (1) The division shall estimate and determine, as nearly as possible, the actual expense
13041 per annum of caring for and maintaining a patient in the state hospital, and that amount or
13042 portion of that amount shall be assessed to and paid by the applicant, patient, spouse, parents,
13043 child or children who are of sufficient financial ability to do so, or by the guardian of the
13044 patient who has funds of the patient that may be used for that purpose.
13045 (2) In addition to the expenses described in Subsection (1), parents are responsible for
13046 the support of their child while the child is in the care of the state hospital pursuant to Title
13047 [78] 78B, Chapter [45, Uniform Civil Liability for] 12, Utah Child Support Act, and Title 62A,
13048 Chapter 11, Recovery Services.
13049 Section 196. Section 62A-15-626 is amended to read:

13050 62A-15-626. Release from commitment.
13051 (1) A local mental health authority or its designee shall release from commitment any
13052 person who, in the opinion of the local mental health authority or its designee, has recovered or
13053 no longer meets the criteria specified in Section 62A-15-631 .
13054 (2) A local mental health authority or its designee may release from commitment any
13055 patient whose commitment is determined to be no longer advisable except as provided by
13056 Section [ 78-3a-121 ] 78A-6-120 , but an effort shall be made to assure that any further
13057 supportive services required to meet the patient's needs upon release will be provided.
13058 (3) When a patient has been committed to a local mental health authority by judicial
13059 process, the local mental health authority shall follow the procedures described in Sections
13060 62A-15-636 and 62A-15-637 .
13061 Section 197. Section 62A-15-630 is amended to read:
13062 62A-15-630. Mental health commissioners.
13063 The court may appoint a mental health commissioner to assist in conducting
13064 commitment proceedings in accordance with Section [ 78-3-31 ] 78A-5-107 .
13065 Section 198. Section 62A-15-703 is amended to read:
13066 62A-15-703. Residential and inpatient settings -- Commitment proceeding --
13067 Child in physical custody of local mental health authority.
13068 (1) A child may receive services from a local mental health authority in an inpatient or
13069 residential setting only after a commitment proceeding, for the purpose of transferring physical
13070 custody, has been conducted in accordance with the requirements of this section.
13071 (2) That commitment proceeding shall be initiated by a petition for commitment, and
13072 shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant
13073 to the procedures and requirements of this section. If the findings described in Subsection (4)
13074 exist, the proceeding shall result in the transfer of physical custody to the appropriate local
13075 mental health authority, and the child may be placed in an inpatient or residential setting.
13076 (3) The neutral and detached fact finder who conducts the inquiry:
13077 (a) shall be a designated examiner, as defined in Subsection 62A-15-602 (3); and

13078 (b) may not profit, financially or otherwise, from the commitment or physical
13079 placement of the child in that setting.
13080 (4) Upon determination by the fact finder that the following circumstances clearly
13081 exist, he may order that the child be committed to the physical custody of a local mental health
13082 authority:
13083 (a) the child has a mental illness, as defined in Subsection 62A-15-602 (8);
13084 (b) the child demonstrates a risk of harm to himself or others;
13085 (c) the child is experiencing significant impairment in his ability to perform socially;
13086 (d) the child will benefit from care and treatment by the local mental health authority;
13087 and
13088 (e) there is no appropriate less-restrictive alternative.
13089 (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
13090 conducted in as informal manner as possible, and in a physical setting that is not likely to have
13091 a harmful effect on the child.
13092 (b) The child, the child's parent or legal guardian, the person who submitted the
13093 petition for commitment, and a representative of the appropriate local mental health authority
13094 shall all receive informal notice of the date and time of the proceeding. Those parties shall also
13095 be afforded an opportunity to appear and to address the petition for commitment.
13096 (c) The neutral and detached fact finder may, in his discretion, receive the testimony of
13097 any other person.
13098 (d) The fact finder may allow the child to waive his right to be present at the
13099 commitment proceeding, for good cause shown. If that right is waived, the purpose of the
13100 waiver shall be made a matter of record at the proceeding.
13101 (e) At the time of the commitment proceeding, the appropriate local mental health
13102 authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
13103 commitment proceeding, shall provide the neutral and detached fact finder with the following
13104 information, as it relates to the period of current admission:
13105 (i) the petition for commitment;

13106 (ii) the admission notes;
13107 (iii) the child's diagnosis;
13108 (iv) physicians' orders;
13109 (v) progress notes;
13110 (vi) nursing notes; and
13111 (vii) medication records.
13112 (f) The information described in Subsection (5)(e) shall also be provided to the child's
13113 parent or legal guardian upon written request.
13114 (g) (i) The neutral and detached fact finder's decision of commitment shall state the
13115 duration of the commitment. Any commitment to the physical custody of a local mental health
13116 authority may not exceed 180 days. Prior to expiration of the commitment, and if further
13117 commitment is sought, a hearing shall be conducted in the same manner as the initial
13118 commitment proceeding, in accordance with the requirements of this section.
13119 (ii) When a decision for commitment is made, the neutral and detached fact finder shall
13120 inform the child and his parent or legal guardian of that decision, and of the reasons for
13121 ordering commitment at the conclusion of the hearing, and also in writing.
13122 (iii) The neutral and detached fact finder shall state in writing the basis of his decision,
13123 with specific reference to each of the criteria described in Subsection (4), as a matter of record.
13124 (6) Absent the procedures and findings required by this section, a child may be
13125 temporarily committed to the physical custody of a local mental health authority only in
13126 accordance with the emergency procedures described in Subsection 62A-15-629 (1) or (2). A
13127 child temporarily committed in accordance with those emergency procedures may be held for a
13128 maximum of 72 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of
13129 that time period, the child shall be released unless the procedures and findings required by this
13130 section have been satisfied.
13131 (7) A local mental health authority shall have physical custody of each child committed
13132 to it under this section. The parent or legal guardian of a child committed to the physical
13133 custody of a local mental health authority under this section, retains legal custody of the child,

13134 unless legal custody has been otherwise modified by a court of competent jurisdiction. In cases
13135 when the Division of Child and Family Services or the Division of Juvenile Justice Services
13136 has legal custody of a child, that division shall retain legal custody for purposes of this part.
13137 (8) The cost of caring for and maintaining a child in the physical custody of a local
13138 mental health authority shall be assessed to and paid by the child's parents, according to their
13139 ability to pay. For purposes of this section, the Division of Child and Family Services or the
13140 Division of Juvenile Justice Services shall be financially responsible, in addition to the child's
13141 parents, if the child is in the legal custody of either of those divisions at the time the child is
13142 committed to the physical custody of a local mental health authority under this section, unless
13143 Medicaid regulation or contract provisions specify otherwise. The Office of Recovery Services
13144 shall assist those divisions in collecting the costs assessed pursuant to this section.
13145 (9) Whenever application is made for commitment of a minor to a local mental health
13146 authority under any provision of this section by a person other than the child's parent or
13147 guardian, the local mental health authority or its designee shall notify the child's parent or
13148 guardian. The parents shall be provided sufficient time to prepare and appear at any scheduled
13149 proceeding.
13150 (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
13151 days after any order for commitment. The appeal may be brought on the child's own petition,
13152 or that of his parent or legal guardian, to the juvenile court in the district where the child
13153 resides or is currently physically located. With regard to a child in the custody of the Division
13154 of Child and Family Services or the Division of Juvenile Justice Services, the attorney general's
13155 office shall handle the appeal, otherwise the appropriate county attorney's office is responsible
13156 for appeals brought pursuant to this Subsection (10)(a).
13157 (b) Upon receipt of the petition for appeal, the court shall appoint a designated
13158 examiner previously unrelated to the case, to conduct an examination of the child in accordance
13159 with the criteria described in Subsection (4), and file a written report with the court. The court
13160 shall then conduct an appeal hearing to determine whether the findings described in Subsection
13161 (4) exist by clear and convincing evidence.

13162 (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
13163 its designee, or the mental health professional who has been in charge of the child's care prior
13164 to commitment, shall provide the court and the designated examiner for the appeal hearing with
13165 the following information, as it relates to the period of current admission:
13166 (i) the original petition for commitment;
13167 (ii) admission notes;
13168 (iii) diagnosis;
13169 (iv) physicians' orders;
13170 (v) progress notes;
13171 (vi) nursing notes; and
13172 (vii) medication records.
13173 (d) Both the neutral and detached fact finder and the designated examiner appointed for
13174 the appeal hearing shall be provided with an opportunity to review the most current
13175 information described in Subsection (10)(c) prior to the appeal hearing.
13176 (e) The child, his parent or legal guardian, the person who submitted the original
13177 petition for commitment, and a representative of the appropriate local mental health authority
13178 shall be notified by the court of the date and time of the appeal hearing. Those persons shall be
13179 afforded an opportunity to appear at the hearing. In reaching its decision, the court shall review
13180 the record and findings of the neutral and detached fact finder, the report of the designated
13181 examiner appointed pursuant to Subsection (10)(b), and may, in its discretion, allow or require
13182 the testimony of the neutral and detached fact finder, the designated examiner, the child, the
13183 child's parent or legal guardian, the person who brought the initial petition for commitment, or
13184 any other person whose testimony the court deems relevant. The court may allow the child to
13185 waive his right to appear at the appeal hearing, for good cause shown. If that waiver is granted,
13186 the purpose shall be made a part of the court's record.
13187 (11) Each local mental health authority has an affirmative duty to conduct periodic
13188 evaluations of the mental health and treatment progress of every child committed to its physical
13189 custody under this section, and to release any child who has sufficiently improved so that the

13190 criteria justifying commitment no longer exist.
13191 (12) (a) A local mental health authority or its designee, in conjunction with the child's
13192 current treating mental health professional may release an improved child to a less restrictive
13193 environment, as they determine appropriate. Whenever the local mental health authority or its
13194 designee, and the child's current treating mental health professional, determine that the
13195 conditions justifying commitment no longer exist, the child shall be discharged and released to
13196 his parent or legal guardian. With regard to a child who is in the physical custody of the State
13197 Hospital, the treating psychiatrist or clinical director of the State Hospital shall be the child's
13198 current treating mental health professional.
13199 (b) A local mental health authority or its designee, in conjunction with the child's
13200 current treating mental health professional, is authorized to issue a written order for the
13201 immediate placement of a child not previously released from an order of commitment into a
13202 more restrictive environment, if the local authority or its designee and the child's current
13203 treating mental health professional has reason to believe that the less restrictive environment in
13204 which the child has been placed is exacerbating his mental illness, or increasing the risk of
13205 harm to himself or others.
13206 (c) The written order described in Subsection (12)(b) shall include the reasons for
13207 placement in a more restrictive environment and shall authorize any peace officer to take the
13208 child into physical custody and transport him to a facility designated by the appropriate local
13209 mental health authority in conjunction with the child's current treating mental health
13210 professional. Prior to admission to the more restrictive environment, copies of the order shall
13211 be personally delivered to the child, his parent or legal guardian, the administrator of the more
13212 restrictive environment, or his designee, and the child's former treatment provider or facility.
13213 (d) If the child has been in a less restrictive environment for more than 30 days and is
13214 aggrieved by the change to a more restrictive environment, the child or his representative may
13215 request a review within 30 days of the change, by a neutral and detached fact finder as
13216 described in Subsection (3). The fact finder shall determine whether:
13217 (i) the less restrictive environment in which the child has been placed is exacerbating

13218 his mental illness, or increasing the risk of harm to himself or others; or
13219 (ii) the less restrictive environment in which the child has been placed is not
13220 exacerbating his mental illness, or increasing the risk of harm to himself or others, in which
13221 case the fact finder shall designate that the child remain in the less restrictive environment.
13222 (e) Nothing in this section prevents a local mental health authority or its designee, in
13223 conjunction with the child's current mental health professional, from discharging a child from
13224 commitment or from placing a child in an environment that is less restrictive than that
13225 designated by the neutral and detached fact finder.
13226 (13) Each local mental health authority or its designee, in conjunction with the child's
13227 current treating mental health professional shall discharge any child who, in the opinion of that
13228 local authority, or its designee, and the child's current treating mental health professional, no
13229 longer meets the criteria specified in Subsection (4), except as provided by Section [ 78-3a-121 ]
13230 78A-6-120 . The local authority and the mental health professional shall assure that any further
13231 supportive services required to meet the child's needs upon release will be provided.
13232 (14) Even though a child has been committed to the physical custody of a local mental
13233 health authority pursuant to this section, the child is still entitled to additional due process
13234 proceedings, in accordance with Section 62A-15-704 , before any treatment which may affect a
13235 constitutionally protected liberty or privacy interest is administered. Those treatments include,
13236 but are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
13237 Section 199. Section 63-2-304 is amended to read:
13238 63-2-304. Protected records.
13239 The following records are protected if properly classified by a governmental entity:
13240 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
13241 has provided the governmental entity with the information specified in Section 63-2-308 ;
13242 (2) commercial information or nonindividual financial information obtained from a
13243 person if:
13244 (a) disclosure of the information could reasonably be expected to result in unfair
13245 competitive injury to the person submitting the information or would impair the ability of the

13246 governmental entity to obtain necessary information in the future;
13247 (b) the person submitting the information has a greater interest in prohibiting access
13248 than the public in obtaining access; and
13249 (c) the person submitting the information has provided the governmental entity with
13250 the information specified in Section 63-2-308 ;
13251 (3) commercial or financial information acquired or prepared by a governmental entity
13252 to the extent that disclosure would lead to financial speculations in currencies, securities, or
13253 commodities that will interfere with a planned transaction by the governmental entity or cause
13254 substantial financial injury to the governmental entity or state economy;
13255 (4) records the disclosure of which could cause commercial injury to, or confer a
13256 competitive advantage upon a potential or actual competitor of, a commercial project entity as
13257 defined in Subsection 11-13-103 (4);
13258 (5) test questions and answers to be used in future license, certification, registration,
13259 employment, or academic examinations;
13260 (6) records the disclosure of which would impair governmental procurement
13261 proceedings or give an unfair advantage to any person proposing to enter into a contract or
13262 agreement with a governmental entity, except that this Subsection (6) does not restrict the right
13263 of a person to see bids submitted to or by a governmental entity after bidding has closed;
13264 (7) records that would identify real property or the appraisal or estimated value of real
13265 or personal property, including intellectual property, under consideration for public acquisition
13266 before any rights to the property are acquired unless:
13267 (a) public interest in obtaining access to the information outweighs the governmental
13268 entity's need to acquire the property on the best terms possible;
13269 (b) the information has already been disclosed to persons not employed by or under a
13270 duty of confidentiality to the entity;
13271 (c) in the case of records that would identify property, potential sellers of the described
13272 property have already learned of the governmental entity's plans to acquire the property;
13273 (d) in the case of records that would identify the appraisal or estimated value of

13274 property, the potential sellers have already learned of the governmental entity's estimated value
13275 of the property; or
13276 (e) the property under consideration for public acquisition is a single family residence
13277 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
13278 the property as required under Section [ 78-34-4.5 ] 78B-6-505 ;
13279 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
13280 compensated transaction of real or personal property including intellectual property, which, if
13281 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
13282 of the subject property, unless:
13283 (a) the public interest in access outweighs the interests in restricting access, including
13284 the governmental entity's interest in maximizing the financial benefit of the transaction; or
13285 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
13286 the value of the subject property have already been disclosed to persons not employed by or
13287 under a duty of confidentiality to the entity;
13288 (9) records created or maintained for civil, criminal, or administrative enforcement
13289 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
13290 release of the records:
13291 (a) reasonably could be expected to interfere with investigations undertaken for
13292 enforcement, discipline, licensing, certification, or registration purposes;
13293 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
13294 proceedings;
13295 (c) would create a danger of depriving a person of a right to a fair trial or impartial
13296 hearing;
13297 (d) reasonably could be expected to disclose the identity of a source who is not
13298 generally known outside of government and, in the case of a record compiled in the course of
13299 an investigation, disclose information furnished by a source not generally known outside of
13300 government if disclosure would compromise the source; or
13301 (e) reasonably could be expected to disclose investigative or audit techniques,

13302 procedures, policies, or orders not generally known outside of government if disclosure would
13303 interfere with enforcement or audit efforts;
13304 (10) records the disclosure of which would jeopardize the life or safety of an
13305 individual;
13306 (11) records the disclosure of which would jeopardize the security of governmental
13307 property, governmental programs, or governmental recordkeeping systems from damage, theft,
13308 or other appropriation or use contrary to law or public policy;
13309 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
13310 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
13311 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
13312 (13) records that, if disclosed, would reveal recommendations made to the Board of
13313 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
13314 Board of Pardons and Parole, or the Department of Human Services that are based on the
13315 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
13316 jurisdiction;
13317 (14) records and audit workpapers that identify audit, collection, and operational
13318 procedures and methods used by the State Tax Commission, if disclosure would interfere with
13319 audits or collections;
13320 (15) records of a governmental audit agency relating to an ongoing or planned audit
13321 until the final audit is released;
13322 (16) records prepared by or on behalf of a governmental entity solely in anticipation of
13323 litigation that are not available under the rules of discovery;
13324 (17) records disclosing an attorney's work product, including the mental impressions or
13325 legal theories of an attorney or other representative of a governmental entity concerning
13326 litigation;
13327 (18) records of communications between a governmental entity and an attorney
13328 representing, retained, or employed by the governmental entity if the communications would be
13329 privileged as provided in Section [ 78-24-8 ] 78B-1-137 ;

13330 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
13331 from a member of the Legislature; and
13332 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
13333 legislative action or policy may not be classified as protected under this section; and
13334 (b) (i) an internal communication that is part of the deliberative process in connection
13335 with the preparation of legislation between:
13336 (A) members of a legislative body;
13337 (B) a member of a legislative body and a member of the legislative body's staff; or
13338 (C) members of a legislative body's staff; and
13339 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
13340 legislative action or policy may not be classified as protected under this section;
13341 (20) (a) records in the custody or control of the Office of Legislative Research and
13342 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
13343 legislation or contemplated course of action before the legislator has elected to support the
13344 legislation or course of action, or made the legislation or course of action public; and
13345 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
13346 Office of Legislative Research and General Counsel is a public document unless a legislator
13347 asks that the records requesting the legislation be maintained as protected records until such
13348 time as the legislator elects to make the legislation or course of action public;
13349 (21) research requests from legislators to the Office of Legislative Research and
13350 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
13351 in response to these requests;
13352 (22) drafts, unless otherwise classified as public;
13353 (23) records concerning a governmental entity's strategy about collective bargaining or
13354 pending litigation;
13355 (24) records of investigations of loss occurrences and analyses of loss occurrences that
13356 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
13357 Uninsured Employers' Fund, or similar divisions in other governmental entities;

13358 (25) records, other than personnel evaluations, that contain a personal recommendation
13359 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
13360 personal privacy, or disclosure is not in the public interest;
13361 (26) records that reveal the location of historic, prehistoric, paleontological, or
13362 biological resources that if known would jeopardize the security of those resources or of
13363 valuable historic, scientific, educational, or cultural information;
13364 (27) records of independent state agencies if the disclosure of the records would
13365 conflict with the fiduciary obligations of the agency;
13366 (28) records of an institution within the state system of higher education defined in
13367 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
13368 retention decisions, and promotions, which could be properly discussed in a meeting closed in
13369 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
13370 the final decisions about tenure, appointments, retention, promotions, or those students
13371 admitted, may not be classified as protected under this section;
13372 (29) records of the governor's office, including budget recommendations, legislative
13373 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
13374 policies or contemplated courses of action before the governor has implemented or rejected
13375 those policies or courses of action or made them public;
13376 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
13377 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
13378 recommendations in these areas;
13379 (31) records provided by the United States or by a government entity outside the state
13380 that are given to the governmental entity with a requirement that they be managed as protected
13381 records if the providing entity certifies that the record would not be subject to public disclosure
13382 if retained by it;
13383 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
13384 except as provided in Section 52-4-206 ;
13385 (33) records that would reveal the contents of settlement negotiations but not including

13386 final settlements or empirical data to the extent that they are not otherwise exempt from
13387 disclosure;
13388 (34) memoranda prepared by staff and used in the decision-making process by an
13389 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
13390 other body charged by law with performing a quasi-judicial function;
13391 (35) records that would reveal negotiations regarding assistance or incentives offered
13392 by or requested from a governmental entity for the purpose of encouraging a person to expand
13393 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
13394 person or place the governmental entity at a competitive disadvantage, but this section may not
13395 be used to restrict access to a record evidencing a final contract;
13396 (36) materials to which access must be limited for purposes of securing or maintaining
13397 the governmental entity's proprietary protection of intellectual property rights including patents,
13398 copyrights, and trade secrets;
13399 (37) the name of a donor or a prospective donor to a governmental entity, including an
13400 institution within the state system of higher education defined in Section 53B-1-102 , and other
13401 information concerning the donation that could reasonably be expected to reveal the identity of
13402 the donor, provided that:
13403 (a) the donor requests anonymity in writing;
13404 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
13405 classified protected by the governmental entity under this Subsection (37); and
13406 (c) except for an institution within the state system of higher education defined in
13407 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
13408 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
13409 over the donor, a member of the donor's immediate family, or any entity owned or controlled
13410 by the donor or the donor's immediate family;
13411 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
13412 73-18-13 ;
13413 (39) a notification of workers' compensation insurance coverage described in Section

13414 34A-2-205 ;
13415 (40) (a) the following records of an institution within the state system of higher
13416 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
13417 or received by or on behalf of faculty, staff, employees, or students of the institution:
13418 (i) unpublished lecture notes;
13419 (ii) unpublished notes, data, and information:
13420 (A) relating to research; and
13421 (B) of:
13422 (I) the institution within the state system of higher education defined in Section
13423 53B-1-102 ; or
13424 (II) a sponsor of sponsored research;
13425 (iii) unpublished manuscripts;
13426 (iv) creative works in process;
13427 (v) scholarly correspondence; and
13428 (vi) confidential information contained in research proposals;
13429 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
13430 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
13431 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
13432 (41) (a) records in the custody or control of the Office of Legislative Auditor General
13433 that would reveal the name of a particular legislator who requests a legislative audit prior to the
13434 date that audit is completed and made public; and
13435 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
13436 Office of the Legislative Auditor General is a public document unless the legislator asks that
13437 the records in the custody or control of the Office of Legislative Auditor General that would
13438 reveal the name of a particular legislator who requests a legislative audit be maintained as
13439 protected records until the audit is completed and made public;
13440 (42) records that provide detail as to the location of an explosive, including a map or
13441 other document that indicates the location of:

13442 (a) a production facility; or
13443 (b) a magazine;
13444 (43) information contained in the database described in Section 62A-3-311.1 ;
13445 (44) information contained in the Management Information System and Licensing
13446 Information System described in Title 62A, Chapter 4a, Child and Family Services;
13447 (45) information regarding National Guard operations or activities in support of the
13448 National Guard's federal mission;
13449 (46) records provided by any pawn or secondhand business to a law enforcement
13450 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
13451 Secondhand Merchandise Transaction Information Act;
13452 (47) information regarding food security, risk, and vulnerability assessments performed
13453 by the Department of Agriculture and Food;
13454 (48) except to the extent that the record is exempt from this chapter pursuant to Section
13455 63-2-106 , records related to an emergency plan or program prepared or maintained by the
13456 Division of Homeland Security the disclosure of which would jeopardize:
13457 (a) the safety of the general public; or
13458 (b) the security of:
13459 (i) governmental property;
13460 (ii) governmental programs; or
13461 (iii) the property of a private person who provides the Division of Homeland Security
13462 information;
13463 (49) records of the Department of Agriculture and Food relating to the National
13464 Animal Identification System or any other program that provides for the identification, tracing,
13465 or control of livestock diseases, including any program established under Title 4, Chapter 24,
13466 Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Livestock Inspection and
13467 Quarantine;
13468 (50) as provided in Section 26-39-109 :
13469 (a) information or records held by the Department of Health related to a complaint

13470 regarding a child care program or residential child care which the department is unable to
13471 substantiate; and
13472 (b) information or records related to a complaint received by the Department of Health
13473 from an anonymous complainant regarding a child care program or residential child care; and
13474 (51) unless otherwise classified as public under Section 63-2-301 and except as
13475 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
13476 personal mobile phone number, if:
13477 (a) the individual is required to provide the information in order to comply with a law,
13478 ordinance, rule, or order of a government entity; and
13479 (b) the subject of the record has a reasonable expectation that this information will be
13480 kept confidential due to:
13481 (i) the nature of the law, ordinance, rule, or order; and
13482 (ii) the individual complying with the law, ordinance, rule, or order.
13483 Section 200. Section 63-5a-8 is amended to read:
13484 63-5a-8. Acquisition of property for public use -- Compensation of owners.
13485 (1) (a) Upon proclamation of a state of emergency, the governor may purchase or lease
13486 public or private property for public use including:
13487 (i) food and medical supplies;
13488 (ii) clothing;
13489 (iii) shelter;
13490 (iv) means of transportation;
13491 (v) fuels;
13492 (vi) oils; or
13493 (vii) buildings or lands.
13494 (b) The governor may not purchase private home storage nor privately owned arms.
13495 (2) (a) The governor may use property purchased under authority of this section for any
13496 purpose to meet the needs of an emergency, including its use to relieve want, distress, and
13497 disease.

13498 (b) Any property used by the governor to meet the needs of an emergency is a public
13499 use.
13500 (3) (a) The governor shall compensate the owner of property taken or used under
13501 authority of this section by complying with the procedures established in Title [78] 78B,
13502 Chapter [34] 6, Part 5, Eminent Domain.
13503 (b) The governor shall pay for those purchases or leases from the funds available to the
13504 Division of Homeland Security under:
13505 (i) this chapter; or
13506 (ii) Title 53, Chapter 2, Part 4, Disaster Recovery Funding Act, to the extent provided
13507 for in that chapter.
13508 (4) Nothing in this section applies to or authorizes compensation for the destruction or
13509 damage of standing timber or other property in order to provide a fire break or to the release of
13510 waters or the breach of impoundments in order to reduce pressure or other danger from actual
13511 or threatened flood.
13512 Section 201. Section 63-11-17 is amended to read:
13513 63-11-17. Powers and duties of Board and Division of Parks and Recreation.
13514 (1) (a) The board may make rules:
13515 (i) governing the use of the state park system;
13516 (ii) to protect state parks and their natural and cultural resources from misuse or
13517 damage, including watersheds, plants, wildlife, and park amenities; and
13518 (iii) to provide for public safety and preserve the peace within state parks.
13519 (b) To accomplish the purposes stated in Subsection (1)(a), the board may enact rules
13520 that:
13521 (i) close or partially close state parks; or
13522 (ii) establish use or access restrictions within state parks.
13523 (c) Rules made under Subsection (1) may not have the effect of preventing the transfer
13524 of livestock along a livestock highway established in accordance with Section 72-3-112 .
13525 (2) The Division of Wildlife Resources shall retain the power and jurisdiction

13526 conferred upon it by law within state parks and on property controlled by the Division of Parks
13527 and Recreation with reference to fish and game.
13528 (3) The Division of Parks and Recreation shall permit multiple use of state parks and
13529 property controlled by it for purposes such as grazing, fishing and hunting, mining, and the
13530 development and utilization of water and other natural resources.
13531 (4) (a) The division may acquire real and personal property in the name of the state by
13532 all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
13533 or otherwise, subject to the approval of the executive director and the governor.
13534 (b) As used in this section, "real property" includes land under water, upland, and all
13535 other property commonly or legally defined as real property.
13536 (c) In acquiring any real or personal property, the credit of the state may not be pledged
13537 without the consent of the Legislature.
13538 (5) (a) Before acquiring any real property, the division shall notify the county
13539 legislative body of the county where the property is situated of its intention to acquire the
13540 property.
13541 (b) If the county legislative body requests a hearing within ten days of receipt of the
13542 notice, the board shall hold a public hearing in the county concerning the matter.
13543 (6) Acceptance of gifts or devises of land or other property shall be at the discretion of
13544 the division, subject to the approval of the executive director of the Department of Natural
13545 Resources and the governor.
13546 (7) Acquisition of property by eminent domain shall be in the manner authorized by
13547 Title [78] 78B, Chapter [34] 6, Part 5, Eminent Domain.
13548 (8) (a) The Division of Parks and Recreation may make charges for special services
13549 and use of facilities, the income from which shall be available for park and recreation purposes.
13550 (b) The division may conduct and operate those services necessary for the comfort and
13551 convenience of the public.
13552 (c) The board shall adopt appropriate rules governing the collection of charges under
13553 this Subsection (8).

13554 (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
13555 parks and property to persons, partnerships, and corporations for a valuable consideration upon
13556 the recommendation of the board.
13557 (b) The division shall comply with Title 63, Chapter 56, Utah Procurement Code, in
13558 selecting concessionaires.
13559 (10) The division shall proceed without delay to negotiate with the federal government
13560 concerning the Weber Basin and other recreation and reclamation projects.
13561 Section 202. Section 63-30d-302 is amended to read:
13562 63-30d-302. Specific remedies -- "Takings" actions -- Government records access
13563 and management actions.
13564 (1) In any action brought under the authority of Article I, Section 22, of the Utah
13565 Constitution for the recovery of compensation from the governmental entity when the
13566 governmental entity has taken or damaged private property for public uses without just
13567 compensation, compensation and damages shall be assessed according to the requirements of
13568 Title [78] 78B, Chapter [34] 6, Part 5, Eminent Domain.
13569 (2) (a) Notwithstanding Section 63-30d-401 , a notice of claim for [attorneys'] attorney
13570 fees under Subsection 63-30d-301 (2)(e) may be filed contemporaneously with a petition for
13571 review under Section 63-2-404 .
13572 (b) The provisions of Subsection 63-30d-403 (1), relating to the governmental entity's
13573 response to a claim, and the provisions of 63-30d-601 , requiring an undertaking, do not apply
13574 to a notice of claim for [attorneys'] attorney fees filed contemporaneously with a petition for
13575 review under Section 63-2-404 .
13576 (c) Any other claim under this chapter that is related to a claim for [attorneys'] attorney
13577 fees under Subsection 63-30d-301 (2)(e) may be brought contemporaneously with the claim for
13578 [attorneys'] attorney fees or in a subsequent action.
13579 Section 203. Section 63-46b-15 is amended to read:
13580 63-46b-15. Judicial review -- Informal adjudicative proceedings.
13581 (1) (a) The district courts have jurisdiction to review by trial de novo all final agency

13582 actions resulting from informal adjudicative proceedings, except that the juvenile courts have
13583 jurisdiction over all state agency actions relating to:
13584 (i) the removal or placement of children in state custody;
13585 (ii) the support of children under Subsection (1)(a)(i) as determined administratively
13586 under Section [ 78-3a-906 ] 78A-6-1106 ; and
13587 (iii) substantiated findings of abuse or neglect made by the Division of Child and
13588 Family Services, after an evidentiary hearing.
13589 (b) Venue for judicial review of informal adjudicative proceedings shall be as provided
13590 in the statute governing the agency or, in the absence of such a venue provision, in the county
13591 where the petitioner resides or maintains the petitioner's principal place of business.
13592 (2) (a) The petition for judicial review of informal adjudicative proceedings shall be a
13593 complaint governed by the Utah Rules of Civil Procedure and shall include:
13594 (i) the name and mailing address of the party seeking judicial review;
13595 (ii) the name and mailing address of the respondent agency;
13596 (iii) the title and date of the final agency action to be reviewed, together with a copy,
13597 summary, or brief description of the agency action;
13598 (iv) identification of the persons who were parties in the informal adjudicative
13599 proceedings that led to the agency action;
13600 (v) a copy of the written agency order from the informal proceeding;
13601 (vi) facts demonstrating that the party seeking judicial review is entitled to obtain
13602 judicial review;
13603 (vii) a request for relief, specifying the type and extent of relief requested; and
13604 (viii) a statement of the reasons why the petitioner is entitled to relief.
13605 (b) All additional pleadings and proceedings in the district court are governed by the
13606 Utah Rules of Civil Procedure.
13607 (3) (a) The district court, without a jury, shall determine all questions of fact and law
13608 and any constitutional issue presented in the pleadings.
13609 (b) The Utah Rules of Evidence apply in judicial proceedings under this section.

13610 Section 204. Section 63-46c-102 is amended to read:
13611 63-46c-102. Definitions.
13612 As used in this chapter:
13613 (1) "Agency" is defined in Section 63-46b-2 .
13614 (2) "Alternative dispute resolution" or "ADR" means a process other than litigation
13615 used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation,
13616 fact-finding, conciliation, early neutral evaluation, and policy dialogues.
13617 (3) "ADR organization" is defined in Section [ 78-31b-2 ] 78B-6-202 .
13618 (4) (a) "ADR provider" means a neutral person who:
13619 (i) meets the qualifications established by Judicial Council rules authorized under
13620 Section [ 78-31b-5 ] 78B-6-205 ; and
13621 (ii) conducts an ADR procedure.
13622 (b) "ADR provider" includes an arbitrator, mediator, and early neutral evaluator and
13623 may be an employee or an independent contractor.
13624 (5) "Arbitration" means a private hearing before an ADR provider or panel of ADR
13625 providers who hear the evidence, consider the contentions of the parties, and enter a written
13626 award to resolve the issues presented.
13627 (6) "Mediation" is defined in Section [ 78-31b-2 ] 78B-6-202 .
13628 (7) "Neutral" means a person who holds himself out to the public as a qualified person
13629 trained to use alternative dispute resolution techniques to resolve conflicts.
13630 Section 205. Section 63-46c-103 is amended to read:
13631 63-46c-103. Alternative dispute resolution -- Authorization -- Procedures --
13632 Agency coordinators -- Contracts.
13633 (1) An agency may use an ADR procedure to resolve any dispute, issue, or controversy
13634 involving any of the agency's operations, programs, or functions, including formal and informal
13635 adjudications, rulemakings, enforcement actions, permitting, certifications, licensing, policy
13636 development, and contract administration only with the consent of all the interested parties.
13637 (2) (a) An agency may develop and adopt an ADR procedure governed by rules,

13638 adopted in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
13639 (b) In developing and adopting an ADR procedure under Subsection (2)(a), an agency
13640 shall consider:
13641 (i) public interest in maintaining open access to and neutrality of an ADR provider or
13642 neutral;
13643 (ii) providing a broad selection of ADR providers or neutrals; and
13644 (iii) creating objective criteria for an ADR provider or neutral to become qualified to
13645 conduct an agency ADR procedure.
13646 (3) ADR procedures developed and used by an agency must be consistent with the
13647 requirements of Title 63, Chapter 46b, Administrative Procedures Act.
13648 (4) ADR procedures are voluntary and may be used:
13649 (a) at the discretion of the agency; or
13650 (b) with an agency that has adopted an ADR procedure under Subsection (2), at the
13651 request of an interested party to a dispute.
13652 (5) An agency that chooses to use an ADR procedure shall develop an agreement with
13653 interested parties that provides:
13654 (a) (i) for the appointment of an ADR provider or a neutral;
13655 (ii) whose appointment is agreed upon by all parties to the dispute;
13656 (b) specifies any limitation periods applicable to the commencement or conclusion of
13657 formal administrative or judicial proceedings and, if applicable, specifies any time periods that
13658 the parties have agreed to waive; and
13659 (c) sets forth how costs and expenses shall be apportioned among the parties.
13660 (6) (a) An ADR provider or neutral agreed upon in Subsection (5) shall have no
13661 official, financial, or personal conflict of interest with any issue or party in controversy unless
13662 the conflict of interest is fully disclosed in writing to all of the parties and all of the parties
13663 agree that the person may continue to serve.
13664 (b) An agency may make rules in accordance with Title 63, Chapter 46a, Utah
13665 Administrative Rulemaking Act, to develop standards to assure the neutrality of an ADR

13666 provider or neutral.
13667 (7) An agreement developed in accordance with Subsection (5) may be included in an
13668 enforcement order, stipulation, contract, permit, or other document entered into or issued by the
13669 agency.
13670 (8) (a) The administrative head of an agency may designate an employee as the ADR
13671 coordinator for that agency.
13672 (b) The agency ADR coordinator shall:
13673 (i) make recommendations to the agency's executive staff on issues and disputes that
13674 are suitable for alternative dispute resolution;
13675 (ii) analyze the agency's enabling statutes and rules to determine whether they contain
13676 impediments to the use of ADR procedures and suggest any modifications;
13677 (iii) monitor the agency's use of ADR procedures;
13678 (iv) arrange for training of agency staff in ADR procedures; and
13679 (v) provide information about the agency's ADR procedures to the agency's staff and to
13680 the public.
13681 (9) In order to implement the purposes of this chapter, an agency may employ or
13682 contract with a neutral, an ADR provider, an ADR organization, another agency, or a private
13683 entity for any service necessary on a case-by-case basis, on a service basis, or on a program
13684 basis.
13685 (10) ADR procedures developed and used under this chapter are subject to the
13686 confidentiality requirements of Section [ 78-31b-8 ] 78B-6-208 .
13687 Section 206. Section 63-55-278 is amended to read:
13688 63-55-278. Repeal dates, Titles 78A and 78B.
13689 (1) The Office of the Court Administrator, created in Section [ 78-3-23 ] 78A-2-105 , is
13690 repealed July 1, 2008.
13691 (2) Foster care citizen review boards and steering committee, created in Title [78] 78B,
13692 Chapter [3g] 8, Part 1, is repealed July 1, 2012.
13693 (3) Alternative Dispute Resolution Act, created in Title [78] 78B, Chapter [31b] 6, Part

13694 2, is repealed July 1, 2016.
13695 (4) Section [ 78-14-17 ] 78B-3-421 , regarding medical malpractice arbitration
13696 agreements, is repealed July 1, 2009.
13697 (5) The case management program coordinator in Subsection [ 78-3-25 ] 78A-2-108 (4)
13698 is repealed July 1, 2009.
13699 Section 207. Section 63-55b-178 is amended to read:
13700 63-55b-178. Repeal dates, Title 78A and 78B.
13701 (1) Section [ 78-9-101 ] 78A-9-103 , Practicing law without a license, is repealed May 3,
13702 2012.
13703 (2) [Subsection 78-45-7.14 (1) is] Subsections 78B-12-301 (1) and 78B-12-302 (1) are
13704 repealed January 1, 2010.
13705 Section 208. Section 63-56-207 is amended to read:
13706 63-56-207. Specific statutory authority.
13707 (1) The authority to procure certain supplies, services, and construction given the
13708 public procurement units governed by the following provisions shall be retained:
13709 (a) Title 53B, State System of Higher Education;
13710 (b) Title 63A, Chapter 5, State Building Board - Division of Facilities Construction
13711 and Management;
13712 (c) Title 67, Chapter 5, Attorney General;
13713 (d) Title 72, Transportation; and
13714 (e) Title [78] 78A, Chapter [3] 5, District Courts.
13715 (2) This authority extends only to supplies, services, and construction to the extent
13716 provided in the cited chapters. Except as otherwise provided in Sections 63-56-102 and
13717 63-56-103 , the respective purchasing agencies shall procure supplies, services, and
13718 construction in accordance with this chapter.
13719 (3) (a) The Department of Transportation may make rules governing the procurement
13720 of highway construction or improvement.
13721 (b) This Subsection (3) supersedes Subsections (1) and (2).

13722 (4) The Legislature may procure supplies and services for its own needs.
13723 Section 209. Section 63-63a-1 is amended to read:
13724 63-63a-1. Surcharge -- Application and exemptions.
13725 (1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures
13726 imposed by the courts.
13727 (b) The surcharge shall be:
13728 (i) 85% upon conviction of a:
13729 (A) felony;
13730 (B) class A misdemeanor;
13731 (C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
13732 Driving; or
13733 (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
13734 violation of comparable county or municipal ordinances; or
13735 (ii) 35% upon conviction of any other offense, including violation of county or
13736 municipal ordinances not subject to the 85% surcharge.
13737 (2) The surcharge may not be imposed:
13738 (a) upon nonmoving traffic violations;
13739 (b) upon court orders when the offender is ordered to perform compensatory service
13740 work in lieu of paying a fine; and
13741 (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment
13742 of a case under Section [ 78-3a-502 ] 78A-6-602 .
13743 (3) (a) The surcharge and the exceptions under Subsections (1) and (2) also apply to
13744 all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
13745 committed by an adult.
13746 (b) However, the surcharge does not include amounts assessed or collected separately
13747 by juvenile courts for the Juvenile Restitution Account, which is independent of this chapter
13748 and does not affect the imposition or collection of the surcharge.
13749 (4) The surcharge under this section shall be imposed in addition to the fine charged

13750 for a civil or criminal offense, and no reduction may be made in the fine charged due to the
13751 surcharge imposition.
13752 (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
13753 authorized and managed by this chapter rather than attached to particular offenses.
13754 Section 210. Section 63-63a-2 is amended to read:
13755 63-63a-2. Division of collected monies retained by state treasurer and local
13756 governmental collecting entity -- Purpose of surcharge -- Allocation of collections --
13757 Financial information.
13758 (1) The amount of the surcharge imposed under this chapter by courts of record shall
13759 be collected before any fine and deposited with the state treasurer.
13760 (2) The amount of the surcharge and the amount of criminal fines, penalties, and
13761 forfeitures imposed under this chapter by courts not of record shall be collected concurrently.
13762 (a) As monies are collected on criminal fines, penalties, and forfeitures subject to the
13763 85% surcharge, the monies shall be divided pro rata so that the local governmental collecting
13764 entity retains 54% of the collected monies and the state retains 46% of the collected monies.
13765 (b) As monies are collected on criminal fines, penalties, and forfeitures subject to the
13766 35% surcharge, the monies shall be divided pro rata so that the local governmental collecting
13767 entity retains 74% of the collected monies and the state retains 26% of the collected monies.
13768 (c) The court shall deposit with the state treasurer the surcharge portion of all monies
13769 as they are collected.
13770 (3) Courts of record, courts not of record, and administrative traffic proceedings shall
13771 collect financial information to determine:
13772 (a) the total number of cases in which:
13773 (i) a final judgment has been rendered;
13774 (ii) surcharges and fines are paid by partial or installment payment; and
13775 (iii) the judgment is fulfilled by an alternative method upon the court's order;
13776 (b) the total dollar amounts of surcharges owed to the state and fines owed to the state
13777 and county or municipality, including:

13778 (i) waived surcharges;
13779 (ii) uncollected surcharges; and
13780 (iii) collected surcharges.
13781 (4) The courts of record, courts not of record, and administrative traffic proceedings
13782 shall report all collected financial information monthly to the Administrative Office of the
13783 Courts. The collected information shall be categorized by cases subject to the 85% and 35%
13784 surcharge.
13785 (5) The purpose of the surcharge is to finance the trust funds and support accounts as
13786 provided in this chapter.
13787 (6) (a) From the surcharge, the Division of Finance shall allocate in the manner and for
13788 the purposes described in Sections 63-63a-3 through 63-63a-10 .
13789 (b) Allocations shall be made on a fiscal year basis.
13790 (7) The provisions of Sections 63-63a-1 and 63-63a-2 may not impact the distribution
13791 and allocation of fines and forfeitures imposed in accordance with Sections 23-14-13 ,
13792 [ 78-3-14.5 ] 78A-5-110 , and [ 78-5-116 ] 78A-7-120 .
13793 Section 211. Section 63-63a-5 is amended to read:
13794 63-63a-5. Substance Abuse Prevention Account established -- Funding -- Uses.
13795 (1) There is created a restricted account within the General Fund known as the
13796 Substance Abuse Prevention Account.
13797 (2) (a) The Division of Finance shall allocate to the Substance Abuse Prevention
13798 Account from the collected surcharge established in Section 63-63a-1 :
13799 (i) 2.5% for the juvenile court, but not to exceed the amount appropriated by the
13800 Legislature; and
13801 (ii) 2.5% for the State Office of Education, but not to exceed the amount appropriated
13802 by the Legislature.
13803 (b) The juvenile court shall use the allocation to pay for community service programs
13804 required by Subsection [ 78-3a-118 ] 78A-6-117 (2)(m).
13805 (c) The State Office of Education shall use the allocation in public school programs

13806 for:
13807 (i) substance abuse prevention and education;
13808 (ii) substance abuse prevention training for teachers and administrators; and
13809 (iii) district and school programs to supplement, not supplant, existing local prevention
13810 efforts in cooperation with local substance abuse authorities.
13811 Section 212. Section 63-63a-8 is amended to read:
13812 63-63a-8. Children's Legal Defense Account.
13813 (1) There is created a restricted account within the General Fund known as the
13814 Children's Legal Defense Account.
13815 (2) The purpose of the Children's Legal Defense Account is to provide for programs
13816 that protect and defend the rights, safety, and quality of life of children.
13817 (3) The Legislature shall appropriate money from the account for the administrative
13818 and related costs of the following programs:
13819 (a) implementing the Mandatory Educational Course on Children's Needs for
13820 Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4 ,
13821 30-3-7 , 30-3-10.3 , 30-3-11.3 , 30-3-15.3 , and 30-3-18 , and the Mediation Pilot Program - Child
13822 Custody or Parent-time as provided in Sections 30-3-15.3 and 30-3-18 ;
13823 (b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2 ,
13824 [ 78-3a-318 ] 78A-6-321 , [ 78-3a-912 ] 78A-6-902 , [ 78-11-6 ] 78B-3-102 , and [ 78-7-9 ]
13825 78A-2-227 ; the training of guardian ad litems and volunteers as provided in Section
13826 [ 78-3a-912 ] 78A-6-902 ; and termination of parental rights as provided in Sections [ 78-3a-118 ]
13827 78A-6-117 , [ 78-3a-119 ] 78A-6-118 , [ 78-3a-903 ] and 78A-6-1103 , and Title [78] 78A, Chapter
13828 [3a] 6, Part [4] 5, Termination of Parental Rights Act. This account may not be used to
13829 supplant funding for the guardian ad litem program in the juvenile court as provided in Section
13830 [ 78-3a-912 ] 78A-6-902 ; and
13831 (c) implementing and administering the Expedited Parent-time Enforcement Pilot
13832 Program as provided in Section 30-3-38 .
13833 (4) The following withheld fees shall be allocated only to the Children's Legal Defense

13834 Account and used only for the purposes provided in Subsections (3)(a) through (c):
13835 (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
13836 as provided in Section 17-16-21 ; and
13837 (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any
13838 complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
13839 (5) The Division of Finance shall allocate the monies described in Subsection (4) from
13840 the General Fund to the Children's Legal Defense Account.
13841 (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30
13842 of any fiscal year shall lapse into the General Fund.
13843 Section 213. Section 63-63a-8.5 is amended to read:
13844 63-63a-8.5. Guardian Ad Litem Services Account established -- Funding -- Uses.
13845 There is created in the General Fund a restricted account known as the Guardian Ad
13846 Litem Services Account, for the purpose of funding the Office of the Guardian Ad Litem
13847 Director, in accordance with the provisions of Sections [ 78-3a-911 ] 78A-6-901 and
13848 [ 78-3a-912 ] 78A-6-902 . The Division of Finance shall allocate 1.75% of the collected
13849 surcharge established in Section 63-63a-1 to the Guardian Ad Litem Services Account. That
13850 amount may not, however, exceed the amount appropriated by the Legislature.
13851 Section 214. Section 63-75-6 is amended to read:
13852 63-75-6. Prevention and early intervention programs -- Applicants -- Selection
13853 process.
13854 (1) Within appropriations from the Legislature, the council shall implement prevention
13855 and early intervention programs for children and youth at risk.
13856 (2) The council shall select a limited number of participants for programs described in
13857 Subsection (1) through applications submitted by local entities.
13858 (3) (a) (i) The written consent of a parent or guardian is necessary for a child or youth
13859 at risk to participate in a program operated under Subsection (1).
13860 (ii) Programs for children who are enrolled in public schools shall also be subject to the
13861 disclosure and written consent provisions of Section 53A-13-301 and Section 53A-13-302 .

13862 (iii) A parent or guardian may withdraw consent at any time.
13863 (b) Notwithstanding Subsection (3)(a), a court may order a child's participation in a
13864 prevention and early intervention program.
13865 (4) The prevention and early intervention services provided under this section shall:
13866 (a) be comprehensive and collaborative;
13867 (b) seek to strengthen and preserve families;
13868 (c) be culturally sensitive, family focused, and community based;
13869 (d) protect children and youth at risk;
13870 (e) prevent abuse and neglect;
13871 (f) provide access to health care; and
13872 (g) prevent academic failure as defined in Subsection [ 78-3a-316 ] 78A-6-319 (2)(a).
13873 (5) (a) A case management team shall be established at each participating site.
13874 (b) The case management team shall include at least the following:
13875 (i) parents who represent a community perspective on children and youth at risk;
13876 (ii) an educator at the school if the child receiving services is enrolled in a public
13877 school;
13878 (iii) the principal if the child receiving services is enrolled in a public school;
13879 (iv) a public health nurse;
13880 (v) a representative of the local mental health authority;
13881 (vi) a representative from the Division of Child and Family Services within the
13882 Department of Human Services;
13883 (vii) a representative from the Employment Development Division; and
13884 (viii) other persons considered appropriate by those persons specified in Subsections
13885 (5)(b)(i) through (vii), based on the needs of the child or youth and his family.
13886 (6) (a) Nothing in this chapter shall be construed to waive the civil, constitutional, or
13887 parental rights of any child, youth, parent, or guardian.
13888 (b) The case management team shall recommend that children or youth be evaluated
13889 for at risk intervention.

13890 Section 215. Section 63A-8-201 is amended to read:
13891 63A-8-201. Office of State Debt Collection created -- Duties.
13892 (1) The state and each state agency shall comply with the requirements of this chapter
13893 and any rules established by the Office of State Debt Collection.
13894 (2) There is created the Office of State Debt Collection in the Department of
13895 Administrative Services.
13896 (3) The office shall:
13897 (a) have overall responsibility for collecting and managing state receivables;
13898 (b) develop consistent policies governing the collection and management of state
13899 receivables;
13900 (c) oversee and monitor state receivables to ensure that state agencies are:
13901 (i) implementing all appropriate collection methods;
13902 (ii) following established receivables guidelines; and
13903 (iii) accounting for and reporting receivables in the appropriate manner;
13904 (d) develop policies, procedures, and guidelines for accounting, reporting, and
13905 collecting monies owed to the state;
13906 (e) provide information, training, and technical assistance to all state agencies on
13907 various collection-related topics;
13908 (f) write an inclusive receivables management and collection manual for use by all
13909 state agencies;
13910 (g) prepare quarterly and annual reports of the state's receivables;
13911 (h) create or coordinate a state accounts receivable database;
13912 (i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
13913 effective accounts receivable program;
13914 (j) identify those state agencies that are not making satisfactory progress toward
13915 implementing collection techniques and improving accounts receivable collections;
13916 (k) coordinate information, systems, and procedures between state agencies to
13917 maximize the collection of past-due accounts receivable;

13918 (l) establish an automated cash receipt process between state agencies;
13919 (m) establish procedures for writing off accounts receivable for accounting and
13920 collection purposes;
13921 (n) establish standard time limits after which an agency will delegate responsibility to
13922 collect state receivables to the office or its designee;
13923 (o) be a real party in interest for an account receivable referred to the office by any
13924 state agency; and
13925 (p) allocate monies collected for judgments registered under Section 77-18-6 in
13926 accordance with Sections 63-63a-2 , 63A-8-302 , and [ 78-3-14.5 ] 78A-5-110 .
13927 (4) The office may:
13928 (a) recommend to the Legislature new laws to enhance collection of past-due accounts
13929 by state agencies;
13930 (b) collect accounts receivables for higher education entities, if the higher education
13931 entity agrees;
13932 (c) prepare a request for proposal for consulting services to:
13933 (i) analyze the state's receivable management and collection efforts; and
13934 (ii) identify improvements needed to further enhance the state's effectiveness in
13935 collecting its receivables;
13936 (d) contract with private or state agencies to collect past-due accounts;
13937 (e) perform other appropriate and cost-effective coordinating work directly related to
13938 collection of state receivables;
13939 (f) obtain access to records of any state agency that are necessary to the duties of the
13940 office by following the procedures and requirements of Section 63-2-206 ;
13941 (g) collect interest and fees related to the collection of receivables under this chapter,
13942 and establish, by following the procedures and requirements of Section 63-38-3.2 :
13943 (i) a fee to cover the administrative costs of collection, on accounts administered by the
13944 office;
13945 (ii) a late penalty fee that may not be more than 10% of the account receivable on

13946 accounts administered by the office;
13947 (iii) an interest charge that is:
13948 (A) the postjudgment interest rate established by Section 15-1-4 in judgments
13949 established by the courts; or
13950 (B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
13951 receivable for which no court judgment has been entered; and
13952 (iv) fees to collect accounts receivable for higher education;
13953 (h) collect reasonable [attorney's] attorney fees and reasonable costs of collection that
13954 are related to the collection of receivables under this chapter;
13955 (i) make rules that allow accounts receivable to be collected over a reasonable period
13956 of time and under certain conditions with credit cards;
13957 (j) file a satisfaction of judgment in the district court by following the procedures and
13958 requirements of the Utah Rules of Civil Procedure;
13959 (k) ensure that judgments for which the office is the judgment creditor are renewed, as
13960 necessary; and
13961 (l) notwithstanding Section 63-2-206 , share records obtained under Subsection (4)(f)
13962 with private sector vendors under contract with the state to assist state agencies in collecting
13963 debts owed to the state agencies without changing the classification of any private, controlled,
13964 or protected record into a public record.
13965 (5) The office shall ensure that:
13966 (a) a record obtained by the office or a private sector vendor as referred to in
13967 Subsection (4)(l):
13968 (i) is used only for the limited purpose of collecting accounts receivable; and
13969 (ii) is subject to federal, state, and local agency records restrictions; and
13970 (b) any person employed by, or formerly employed by, the office or a private sector
13971 vendor as referred to in Subsection (4)(l) is subject to:
13972 (i) the same duty of confidentiality with respect to the record imposed by law on
13973 officers and employees of the state agency from which the record was obtained; and

13974 (ii) any civil or criminal penalties imposed by law for violations of lawful access to a
13975 private, controlled, or protected record.
13976 (6) (a) The office shall collect accounts receivable ordered by the district court as a
13977 result of prosecution for a criminal offense that have been transferred to the office under
13978 Subsection 76-3-201.1 (5)(h) or (8).
13979 (b) The office may not assess the interest charge established by the office under
13980 Subsection (4) on an account receivable subject to the postjudgment interest rate established by
13981 Section 15-1-4 .
13982 (7) The office shall require state agencies to:
13983 (a) transfer collection responsibilities to the office or its designee according to time
13984 limits established by the office;
13985 (b) make annual progress towards implementing collection techniques and improved
13986 accounts receivable collections;
13987 (c) use the state's accounts receivable system or develop systems that are adequate to
13988 properly account for and report their receivables;
13989 (d) develop and implement internal policies and procedures that comply with the
13990 collections policies and guidelines established by the office;
13991 (e) provide internal accounts receivable training to staff involved in their management
13992 and collection of receivables as a supplement to statewide training;
13993 (f) bill for and make initial collection efforts of its receivables up to the time the
13994 accounts must be transferred; and
13995 (g) submit quarterly receivable reports to the office that identify the age, collection
13996 status, and funding source of each receivable.
13997 (8) The office shall use the information provided by the agencies and any additional
13998 information from the office's records to compile a one-page summary report of each agency.
13999 (9) The summary shall include:
14000 (a) the type of revenue that is owed to the agency;
14001 (b) any attempted collection activity; and

14002 (c) any costs incurred in the collection process.
14003 (10) The office shall annually provide copies of each agency's summary to the governor
14004 and to the Legislature.
14005 Section 216. Section 63A-9-801 is amended to read:
14006 63A-9-801. State surplus property program -- Definitions -- Administration.
14007 (1) As used in this section:
14008 (a) "Agency" means:
14009 (i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage
14010 Control, Commerce, Community and Culture, Corrections, Workforce Services, Health,
14011 Human Resource Management, Human Services, Insurance, Natural Resources, Public Safety,
14012 Technology Services, and Transportation and the Labor Commission;
14013 (ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime
14014 Victim Reparations, Rehabilitation, and Treasurer;
14015 (iii) the Public Service Commission and State Tax Commission;
14016 (iv) the State Boards of Education, Pardons and Parole, and Regents;
14017 (v) the Career Service Review Board;
14018 (vi) other state agencies designated by the governor;
14019 (vii) the legislative branch, the judicial branch, and the State Board of Regents; and
14020 (viii) an institution of higher education, its president, and its board of trustees for
14021 purposes of Section 63A-9-802 .
14022 (b) "Division" means the Division of Fleet Operations.
14023 (c) "Information technology equipment" means any equipment that is designed to
14024 electronically manipulate, store, or transfer any form of data.
14025 (d) "Inventory property" means property in the possession of the division that is
14026 available for purchase by an agency or the public.
14027 (e) "Judicial district" means the geographic districts established by Section [ 78-1-2.1 ]
14028 78A-1-102 .
14029 (f) (i) "Surplus property" means property purchased by, seized by, or donated to, an

14030 agency that the agency wishes to dispose of.
14031 (ii) "Surplus property" does not mean real property.
14032 (g) "Transfer" means transfer of surplus property without cash consideration.
14033 (2) (a) The division shall make rules establishing a state surplus property program that
14034 meets the requirements of this chapter by following the procedures and requirements of Title
14035 63, Chapter 46a, Utah Administrative Rulemaking Act.
14036 (b) Those rules shall include:
14037 (i) a requirement prohibiting the transfer of surplus property from one agency to
14038 another agency without written approval from the division;
14039 (ii) procedures and requirements governing division administration requirements that
14040 an agency must follow;
14041 (iii) requirements governing purchase priorities;
14042 (iv) requirements governing accounting, reimbursement, and payment procedures;
14043 (v) procedures for collecting bad debts;
14044 (vi) requirements and procedures for disposing of firearms;
14045 (vii) the elements of the rates or other charges assessed by the division for services and
14046 handling;
14047 (viii) procedures governing the timing and location of public sales of inventory
14048 property; and
14049 (ix) procedures governing the transfer of information technology equipment by state
14050 agencies directly to public schools.
14051 (c) The division shall report all transfers of information technology equipment by state
14052 agencies to public schools to the Utah Technology Commission and to the Legislative Interim
14053 Education Committee at the end of each fiscal year.
14054 (3) In creating and administering the program, the division shall:
14055 (a) when conditions, inventory, and demand permit:
14056 (i) establish facilities to store inventory property at geographically dispersed locations
14057 throughout the state; and

14058 (ii) hold public sales of property at geographically dispersed locations throughout the
14059 state;
14060 (b) establish, after consultation with the agency requesting the sale of surplus property,
14061 the price at which the surplus property shall be sold; and
14062 (c) transfer proceeds arising from the sale of state surplus property to the agency
14063 requesting the sale in accordance with Title 63, Chapter 38, Budgetary Procedures Act, less an
14064 amount established by the division by rule to pay the costs of administering the surplus
14065 property program.
14066 (4) Unless specifically exempted from this chapter by explicit reference to this chapter,
14067 each state agency shall dispose of and acquire surplus property only by participating in the
14068 division's program.
14069 Section 217. Section 63A-11-102 is amended to read:
14070 63A-11-102. Definitions.
14071 For purposes of this chapter:
14072 (1) "Child welfare case" means a proceeding under Title [78] 78A, Chapter [3a] 6, Part
14073 3, Abuse, Neglect, and Dependency Proceedings or [4] 5, Termination of Parental Rights Act.
14074 (2) "Contracted parental defense attorney" means a parental defense attorney who is
14075 under contract with the office to provide parental defense in child welfare cases.
14076 (3) "Director" means the director of the office.
14077 (4) "Fund" means the Child Welfare Parental Defense Fund established in Section
14078 63A-11-203 .
14079 (5) "Office" means the Office of Child Welfare Parental Defense created in Section
14080 63A-11-103 .
14081 (6) "Parental defense attorney" means an attorney, law firm, or group of attorneys who:
14082 (a) are authorized to practice law in Utah; and
14083 (b) provide legal representation under contract with the office, or a county in the state,
14084 to a parent who is a party in a child welfare case.
14085 Section 218. Section 63A-11-201 is amended to read:

14086 63A-11-201. Child welfare parental defense contracts -- Qualifications.
14087 (1) The office may enter into contracts with qualified parental defense attorneys to
14088 provide services for an indigent parent or parents who are the subject of a petition alleging
14089 abuse, neglect, or dependency, and will require a parental defense attorney pursuant to Section
14090 [ 78-3a-913 ] 78A-6-1111 .
14091 (2) Payment for the representation, costs, and expenses of a contracted parental defense
14092 attorney shall be made from the Child Welfare Parental Defense Fund as provided in Section
14093 63A-11-203 .
14094 (3) The parental defense attorney shall maintain the minimum qualifications as
14095 provided by this chapter.
14096 Section 219. Section 63D-2-102 is amended to read:
14097 63D-2-102. Definitions.
14098 As used in this chapter:
14099 (1) (a) "Collect" means the gathering of personally identifiable information:
14100 (i) from a user of a governmental website; or
14101 (ii) about a user of the governmental website.
14102 (b) "Collect" includes use of any identifying code linked to a user of a governmental
14103 website.
14104 (2) "Court website" means a website on the Internet that is operated by or on behalf of
14105 any court created in Title [78, Judicial Code] 78A, Chapter 1, Judiciary.
14106 (3) "Governmental entity" means:
14107 (a) an executive branch agency as defined in Section 63D-1a-102 ;
14108 (b) the legislative branch;
14109 (c) the judicial branch;
14110 (d) the State Board of Education;
14111 (e) the Board of Regents;
14112 (f) an institution of higher education; and
14113 (g) a political subdivision of the state:

14114 (i) as defined in Section 17B-1-102 ; and
14115 (ii) including a school district.
14116 (4) (a) "Governmental website" means a website on the Internet that is operated by or
14117 on behalf of a governmental entity.
14118 (b) "Governmental website" includes a court website.
14119 (5) "Governmental website operator" means a governmental entity or person acting on
14120 behalf of the governmental entity that:
14121 (a) operates a governmental website; and
14122 (b) collects or maintains personally identifiable information from or about a user of
14123 that website.
14124 (6) "Personally identifiable information" means information that identifies:
14125 (a) a user by:
14126 (i) name;
14127 (ii) account number;
14128 (iii) physical address;
14129 (iv) email address;
14130 (v) telephone number;
14131 (vi) Social Security number;
14132 (vii) credit card information; or
14133 (viii) bank account information;
14134 (b) a user as having requested or obtained specific materials or services from a
14135 governmental website;
14136 (c) Internet sites visited by a user; or
14137 (d) any of the contents of a user's data-storage device.
14138 (7) "User" means a person who accesses a governmental website.
14139 Section 220. Section 63D-2-104 is amended to read:
14140 63D-2-104. Posting certain information on a court website.
14141 (1) Except as provided in Subsections (2) and (3), a court website:

14142 (a) may not display personally identifiable information; and
14143 (b) shall contain a conspicuous notice that includes a list of documents routinely posted
14144 on the court website.
14145 (2) This section does not prohibit access to any original document as provided by law.
14146 (3) This section does not apply to:
14147 (a) the Registry of Judgments created in Section [ 78-22-1.5 ] 78B-5-201 , if the Registry
14148 of Judgments complies with Subsection (3)(b);
14149 (b) remote access to a document through a network or system that:
14150 (i) is secure; and
14151 (ii) provides restricted access through security standards developed by the court,
14152 including a registration requirement under which a prospective user must provide the
14153 prospective user's:
14154 (A) identity;
14155 (B) business or residence address; and
14156 (C) citizenship status;
14157 (c) postings related to legitimate law enforcement purposes;
14158 (d) postings of documents filed or recorded more than 100 years prior to the posting;
14159 (e) postings of:
14160 (i) historical information;
14161 (ii) genealogical information;
14162 (iii) interpretive information about historic persons and events; or
14163 (iv) educational information about historic persons and events; or
14164 (f) postings of information instructing a user how to contact a website operator,
14165 employee, or other representative of the court.
14166 Section 221. Section 67-19-15 is amended to read:
14167 67-19-15. Career service -- Exempt positions -- Schedules for civil service
14168 positions -- Coverage of career service provisions.
14169 (1) Except as otherwise provided by law or by rules and regulations established for

14170 federally aided programs, the following positions are exempt from the career service provisions
14171 of this chapter:
14172 (a) the governor, members of the Legislature, and all other elected state officers,
14173 designated as Schedule AA;
14174 (b) appointed executives and board or commission executives enumerated in Section
14175 67-22-2 , and commissioners designated as Schedule AB;
14176 (c) all employees and officers in the office and at the residence of the governor,
14177 designated as Schedule AC;
14178 (d) employees who are in a confidential relationship to an agency head or
14179 commissioner and who report directly to, and are supervised by, a department head,
14180 commissioner, or deputy director of an agency or its equivalent, designated as Schedule AD;
14181 (e) unskilled employees in positions requiring little or no specialized skill or training,
14182 designated as Schedule AE;
14183 (f) part-time professional noncareer persons who are paid for any form of medical and
14184 other professional service and who are not engaged in the performance of administrative duties,
14185 designated as Schedule AF;
14186 (g) employees in the Office of the Attorney General who are under their own career
14187 service pay plan under Sections 67-5-7 through 67-5-13 , designated as Schedule AG;
14188 (h) teaching staff of all state institutions and patients and inmates employed in state
14189 institutions, designated as Schedule AH;
14190 (i) persons appointed to a position vacated by an employee who has a right to return
14191 under federal or state law or policy, designated as Schedule AI;
14192 (j) noncareer employees compensated for their services on a seasonal or contractual
14193 basis who are hired for limited periods of less than nine consecutive months or who are
14194 employed on less than 1/2 time basis, designated as Schedule AJ;
14195 (k) those employees in a personal and confidential relationship to elected officials,
14196 designated as Schedule AK;
14197 (l) employees appointed to perform work of a limited duration not exceeding two years

14198 or to perform work with time-limited funding, designated as Schedule AL;
14199 (m) employees of the Department of Community and Culture whose positions are
14200 designated as executive/professional positions by the executive director of the Department of
14201 Community and Culture with the concurrence of the executive director, and employees of the
14202 Governor's Office of Economic Development whose positions are designated as
14203 executive/professional positions by the director of the office, designated as Schedule AM;
14204 (n) employees of the Legislature, designated as Schedule AN;
14205 (o) employees of the judiciary, designated as Schedule AO;
14206 (p) all judges in the judiciary, designated as Schedule AP;
14207 (q) members of state and local boards and councils appointed by the governor and
14208 governing bodies of agencies, other local officials serving in an ex officio capacity, officers,
14209 faculty, and other employees of state universities and other state institutions of higher
14210 education, designated as Schedule AQ;
14211 (r) employees who make statewide policy, designated as Schedule AR;
14212 (s) any other employee whose appointment is required by statute to be career service
14213 exempt, designated as Schedule AS; and
14214 (t) employees of the Department of Technology Services, designated as
14215 executive/professional positions by the executive director of the Department of Technology
14216 Services with the concurrence of the executive director, designated as Schedule AT.
14217 (2) The civil service shall consist of two schedules as follows:
14218 (a) (i) Schedule A is the schedule consisting of positions exempted by Subsection (1).
14219 (ii) Removal from any appointive position under Schedule A, unless otherwise
14220 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
14221 (b) Schedule B is the competitive career service schedule, consisting of all positions
14222 filled through competitive selection procedures as defined by the executive director.
14223 (3) (a) The executive director, after consultation with the heads of concerned executive
14224 branch departments and agencies and with the approval of the governor, shall allocate positions
14225 to the appropriate schedules under this section.

14226 (b) Agency heads shall make requests and obtain approval from the executive director
14227 before changing the schedule assignment and tenure rights of any position.
14228 (c) Unless the executive director's decision is reversed by the governor, when the
14229 executive director denies an agency's request, the executive director's decision is final.
14230 (4) (a) Compensation for employees of the Legislature shall be established by the
14231 directors of the legislative offices in accordance with Section 36-12-7 .
14232 (b) Compensation for employees of the judiciary shall be established by the state court
14233 administrator in accordance with Section [ 78-3-24 ] 78A-2-107 .
14234 (c) Compensation for officers, faculty, and other employees of state universities and
14235 institutions of higher education shall be established as provided in Title 53B, Chapters 1,
14236 Governance, Powers, Rights, and Responsibilities, and 2, Institutions of Higher Education.
14237 (d) Unless otherwise provided by law, compensation for all other Schedule A
14238 employees shall be established by their appointing authorities, within ranges approved by, and
14239 after consultation with the executive director of the Department of Human Resource
14240 Management.
14241 (5) All employees of the Office of State Auditor, the Office of State Treasurer, and
14242 employees who are not exempt under this section are covered by the career service provisions
14243 of this chapter.
14244 Section 222. Section 72-5-111 is amended to read:
14245 72-5-111. Disposal of real property.
14246 (1) (a) If the department determines that any real property or interest in real property,
14247 acquired for a highway purpose, is no longer necessary for the purpose, the department may
14248 lease, sell, exchange, or otherwise dispose of the real property or interest in the real property.
14249 (b) (i) Real property may be sold at private or public sale.
14250 (ii) Except as provided in Subsection (1)(c) related to exchanges, proceeds of any sale
14251 shall be deposited with the state treasurer and credited to the Transportation Fund.
14252 (c) If approved by the commission, real property or an interest in real property may be
14253 exchanged by the department for other real property or interest in real property, including

14254 improvements, for highway purposes.
14255 (2) (a) In the disposition of real property at any private sale, first consideration shall be
14256 given to the original grantor or the original grantor's heirs.
14257 (b) Notwithstanding the provisions of Section [ 78-34-20 ] 78B-6-521 , if no portion of a
14258 parcel of real property acquired by the department is used for transportation purposes, then the
14259 original grantor or the grantor's heirs shall be given the opportunity to repurchase the parcel of
14260 real property at the department's original purchase price from the grantor.
14261 (c) In accordance with Section 72-5-404 , this Subsection (2) does not apply to property
14262 rights acquired in proposed transportation corridors using funds from the Transportation
14263 Corridor Preservation Revolving Loan Fund created in Section 72-2-117 .
14264 (3) (a) Any sale, exchange, or disposal of real property or interest in real property made
14265 by the department under this section, is exempt from the mineral reservation provisions of Title
14266 65A, Chapter 6, Mineral Leases.
14267 (b) Any deed made and delivered by the department under this section without specific
14268 reservations in the deed is a conveyance of all the state's right, title, and interest in the real
14269 property or interest in the real property.
14270 Section 223. Section 72-5-404 is amended to read:
14271 72-5-404. Disposition of excess property rights.
14272 If the department has acquired property rights in land in proposed transportation
14273 corridors, and some or all of that land is eventually not used for the proposed transportation
14274 corridors, the department shall dispose of the property rights in accordance with the provisions
14275 of Section [ 78-34-20 ] 78B-6-521 .
14276 Section 224. Section 72-7-510 is amended to read:
14277 72-7-510. Existing outdoor advertising not in conformity with part -- Procedure
14278 -- Eminent domain -- Compensation -- Relocation.
14279 (1) As used in this section, "nonconforming sign" means a sign that has been erected in
14280 a zone or area other than commercial or industrial or where outdoor advertising is not
14281 permitted under this part.

14282 (2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent
14283 domain, any existing outdoor advertising and all property rights pertaining to the outdoor
14284 advertising which were lawfully in existence on May 9, 1967, and which by reason of this part
14285 become nonconforming.
14286 (b) If the department, or any town, city, county, governmental entity, public utility, or
14287 any agency or the United States Department of Transportation under this part, prevents the
14288 maintenance as defined in Section 72-7-502 , or requires that maintenance of an existing sign be
14289 discontinued, the sign in question shall be considered acquired by the entity and just
14290 compensation will become immediately due and payable.
14291 (c) Eminent domain shall be exercised in accordance with the provision of Title [78]
14292 78B, Chapter [34] 6, Part 5, Eminent Domain.
14293 (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
14294 pertaining to the same, including the right of the landowner upon whose land a sign is located,
14295 acquired through the processes of eminent domain.
14296 (b) For the purposes of this part, just compensation shall include the consideration of
14297 damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
14298 company's interest, which remaining properties, together with the properties actually
14299 condemned, constituted an economic unit.
14300 (c) The department is empowered to remove signs found in violation of Section
14301 72-7-508 without payment of any compensation.
14302 (4) Except as specifically provided in this section or Section 72-7-513 , this part may
14303 not be construed to permit a person to place or maintain any outdoor advertising adjacent to
14304 any interstate or primary highway system which is prohibited by law or by any town, city, or
14305 county ordinance. Any town, city, county, governmental entity, or public utility which requires
14306 the removal, relocation, alteration, change, or termination of outdoor advertising shall pay just
14307 compensation as defined in this part and in Title [78] 78B, Chapter [34] 6, Part 5, Eminent
14308 Domain.
14309 (5) Except as provided in Section 72-7-508 , no sign shall be required to be removed by

14310 the department nor sign maintenance as described in this section be discontinued unless at the
14311 time of removal or discontinuance there are sufficient funds, from whatever source,
14312 appropriated and immediately available to pay the just compensation required under this
14313 section and unless at that time the federal funds required to be contributed under 23 U.S.C.,
14314 Sec. 131, if any, with respect to the outdoor advertising being removed, have been appropriated
14315 and are immediately available to this state.
14316 (6) (a) If any outdoor advertising use, structure, or permit may not be continued
14317 because of the widening, construction, or reconstruction along an interstate, federal aid primary
14318 highway existing as of June 1, 1991, or national highway systems highway, the owner shall
14319 have the option to relocate and remodel the use, structure, or permit to another location:
14320 (i) on the same property;
14321 (ii) on adjacent property;
14322 (iii) on the same highway within 5280 feet of the previous location, which may be
14323 extended 5280 feet outside the areas described in Subsection 72-7-505 (3)(c)(i)(A), on either
14324 side of the same highway; or
14325 (iv) mutually agreed upon by the owner and the county or municipality in which the
14326 use, structure, or permit is located.
14327 (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
14328 area or where outdoor advertising is permitted under this part.
14329 (c) The county or municipality in which the use or structure is located shall, if
14330 necessary, provide for the relocation and remodeling by ordinance for a special exception to its
14331 zoning ordinance.
14332 (d) The relocated and remodeled use or structure may be:
14333 (i) erected to a height and angle to make it clearly visible to traffic on the main-traveled
14334 way of the highway to which it is relocated or remodeled;
14335 (ii) the same size and at least the same height as the previous use or structure, but the
14336 relocated use or structure may not exceed the size and height permitted under this part;
14337 (iii) relocated to a comparable vehicular traffic count.

14338 (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes
14339 the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a)
14340 shall pay the costs related to the relocation, remodeling, or acquisition.
14341 (b) If a governmental entity prohibits the relocation and remodeling as provided in
14342 Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
14343 Section 225. Section 73-3-3.5 is amended to read:
14344 73-3-3.5. Application for a change of point of diversion, place of use, or purpose
14345 of use of water in a water company made by a shareholder.
14346 (1) As used in this section:
14347 (a) "Shareholder" means the owner of a share of stock, or other evidence of stock
14348 ownership, that entitles the person to a proportionate share of water in a water company.
14349 (b) "Water company" means any company, operating for profit or not for profit, in
14350 which a shareholder has the right to receive a proportionate share, based on that shareholder's
14351 ownership interest, of water delivered by the company.
14352 (2) A shareholder who seeks to change the point of diversion, place of use, or purpose
14353 of use of the shareholder's proportionate share of water in the water company shall submit a
14354 request for the change, in writing, to the water company. This request shall include the
14355 following information:
14356 (a) the details of the requested change, which may include the point of diversion,
14357 period of use, place, or nature of use;
14358 (b) the quantity of water sought to be changed;
14359 (c) the certificate number of the stock affected by the change;
14360 (d) a description of the land proposed to be retired from irrigation pursuant to Section
14361 73-3-3 , if the proposed change in place or nature of use of the water involves a situation where
14362 the water was previously used for irrigation;
14363 (e) an agreement by the shareholder to continue to pay all applicable corporate
14364 assessments on the share affected by the change; and
14365 (f) any other information that the water company may reasonably need to evaluate the

14366 requested change application.
14367 (3) (a) A water company shall make a decision and provide written notice of that
14368 decision on a shareholder's request for a change application within 120 days from receipt of the
14369 request.
14370 (b) Based on the facts and circumstances of each proposed change, a water company
14371 may take the following action:
14372 (i) approve the change request;
14373 (ii) approve the change request with conditions; or
14374 (iii) deny the change request.
14375 (c) If the water company fails to respond to a shareholder's request for a change
14376 application, pursuant to Subsection (3)(a), the failure to respond shall be considered to be a
14377 denial of the request.
14378 (d) The water company may not withhold approval if any potential damage, liability, or
14379 impairment to the water company, or its shareholders, can be reasonably mitigated without cost
14380 to the water company.
14381 (e) A water company may consider the following factors in evaluating change
14382 applications:
14383 (i) any increased cost to the water company or its shareholders;
14384 (ii) interference with the water company's ability to manage and distribute water for the
14385 benefit of all shareholders;
14386 (iii) whether the proposed change represents more water than the shareholder's pro rata
14387 share of the water company's right;
14388 (iv) impairment of either the quantity or quality of water delivered to other
14389 shareholders under the existing water rights of the water company, including rights to carrier
14390 water;
14391 (v) whether the proposed change would cause a violation of any statute, ordinance,
14392 regulation, or order of a court or governmental agency;
14393 (vi) whether the shareholder has or can arrange for the beneficial use of water to be

14394 retired from irrigation within the water company's service under the proposed change; or
14395 (vii) the cumulative effects that the approval of the change application may have on
14396 other shareholders or water company operations.
14397 (4) The water company may require that all costs associated with the change
14398 application, including costs of submitting proof, be paid by the shareholder.
14399 (5) (a) The shareholder requesting the change must be current on all water company
14400 assessments and agree to continue to pay all applicable future assessments, except that the
14401 shareholder may choose to prepay any portion of the water company assessments attributable to
14402 an existing debt of the water company.
14403 (b) Other than prepaid assessments, the water company may require that the
14404 shareholder continue to pay all applicable assessments.
14405 (6) If the water company approves the requested change, with or without conditions,
14406 the change application may be filed with the state engineer, and must:
14407 (a) be signed on behalf of the water company; or
14408 (b) be accompanied by written authorization from the water company assenting to the
14409 change.
14410 (7) (a) The state engineer may evaluate a change application authorized by a water
14411 company under this section in the same manner and using the same criteria that he or she uses
14412 to evaluate any other change application.
14413 (b) Nothing in this section shall limit the authority of the state engineer in evaluating
14414 and processing any change application.
14415 (8) If an application authorized by a water company under this section is approved by
14416 the state engineer, the shareholder may file requests for extensions of time to submit proof of
14417 beneficial use under the change application without further permission of the water company.
14418 (9) (a) Change applications approved under this section are subject to all conditions
14419 imposed by the water company and the state engineer.
14420 (b) If a shareholder fails to comply with all of the conditions imposed by the water
14421 company, the water company may, after written notice to the shareholder and after allowing

14422 reasonable time to remedy the failure, withdraw its approval of the application, and petition the
14423 state engineer for an order canceling the change application.
14424 (c) The water company may not revoke its approval of the change application or seek
14425 an order canceling the application if the conditions are substantially satisfied.
14426 (10) (a) The shareholder requesting the change shall have a cause of action, including
14427 an award of actual damages incurred, against the water company if the water company:
14428 (i) unreasonably withholds approval of a requested change;
14429 (ii) imposes unreasonable conditions in its approval; or
14430 (iii) withdraws approval of a change application in a manner other than as provided in
14431 Subsection (9).
14432 (b) The action referred to in Subsection (10)(a) shall be referred to mediation by the
14433 court under Title [78] 78B, Chapter [31b] 6, Part 2, Alternative Dispute Resolution Act, unless
14434 both parties decline mediation.
14435 (c) If mediation is declined, the prevailing party to the action shall be entitled to costs
14436 and reasonable attorney fees.
14437 Section 226. Section 73-26-404 is amended to read:
14438 73-26-404. Eminent domain.
14439 In order to construct the reservoirs and other facilities authorized under this chapter, the
14440 division may exercise eminent domain as provided in Title [78] 78B, Chapter [34] 6, Part 5,
14441 Eminent Domain.
14442 Section 227. Section 73-28-104 is amended to read:
14443 73-28-104. Powers of the board.
14444 (1) The board may contract with:
14445 (a) a district for the sale of developed water;
14446 (b) a qualified entity for the development or construction of the project; or
14447 (c) a district or other qualified entity for the operation, maintenance, repair, or
14448 replacement of the project.
14449 (2) By following the procedures and requirements of Title 63, Chapter 46a, Utah

14450 Administrative Rulemaking Act, the board may make rules to:
14451 (a) establish prices, in consultation with the committee and in accordance with Section
14452 73-28-403 , for:
14453 (i) developed water sold to the districts; and
14454 (ii) electricity made available by the project;
14455 (b) establish procedures for reviewing offers to contract for the sale of developed water
14456 and electricity;
14457 (c) establish the interest rate for repayment of preconstruction and construction costs;
14458 (d) establish a reasonable time period for the districts to offer to purchase water; and
14459 (e) administer and operate the project.
14460 (3) The board may exercise eminent domain, as provided in Title [78] 78B, Chapter
14461 [34] 6, Part 5, Eminent Domain, to construct the project.
14462 Section 228. Section 75-2-114 is amended to read:
14463 75-2-114. Parent and child relationship.
14464 (1) Except as provided in Subsections (2) and (3), for purposes of intestate succession
14465 by, through, or from a person, an individual is the child of the individual's natural parents,
14466 regardless of their marital status. The parent and child relationship may be established as
14467 provided in Title [78] 78B, Chapter [45g] 15, Utah Uniform Parentage Act.
14468 (2) An adopted individual is the child of the adopting parent or parents and not of the
14469 natural parents, but adoption of a child by the spouse of either natural parent has no effect on:
14470 (a) the relationship between the child and that natural parent; or
14471 (b) the right of the child or a descendant of the child to inherit from or through the
14472 other natural parent.
14473 (3) Inheritance from or through a child by either natural parent or his kindred is
14474 precluded unless that natural parent has openly treated the child as his, and has not refused to
14475 support the child.
14476 Section 229. Section 75-2a-103 is amended to read:
14477 75-2a-103. Definitions.

14478 As used in this chapter:
14479 (1) "Agent" means a person designated in an advance health care directive to make
14480 health care decisions for the declarant.
14481 (2) "Best interest" means that the benefits to the individual resulting from a treatment
14482 outweigh the burdens to the individual resulting from the treatment, taking into account:
14483 (a) the effect of the treatment on the physical, emotional, and cognitive functions of the
14484 individual;
14485 (b) the degree of physical pain or discomfort caused to the individual by the treatment
14486 or the withholding or withdrawal of treatment;
14487 (c) the degree to which the individual's medical condition, the treatment, or the
14488 withholding or withdrawal of treatment, result in a severe and continuing impairment of the
14489 dignity of the individual by subjecting the individual to humiliation and dependency;
14490 (d) the effect of the treatment on the life expectancy of the individual;
14491 (e) the prognosis of the individual for recovery with and without the treatment;
14492 (f) the risks, side effects, and benefits of the treatment, or the withholding or
14493 withdrawal of treatment; and
14494 (g) the religious beliefs and basic values of the individual receiving treatment, to the
14495 extent these may assist the decision maker in determining the best interest.
14496 (3) "Capacity to appoint an agent" means that the individual understands the
14497 consequences of appointing a particular person as agent.
14498 (4) "Declarant" means an individual who has signed or directed the signing of a health
14499 care directive.
14500 (5) "Default surrogate decision maker" means the person who may make decisions for
14501 an individual when either:
14502 (a) an agent has not been appointed; or
14503 (b) an agent is not able or available to make decisions for a declarant.
14504 (6) "Generally accepted health care standards":
14505 (a) is defined only for the purpose of:

14506 (i) this chapter and does not define the standard of care for any other purpose under
14507 Utah law; and
14508 (ii) enabling health care providers to interpret the statutory form set forth in Section
14509 75-2a-117 ; and
14510 (b) means the standard of care that justifies a provider in declining to provide life
14511 sustaining or life supporting care because the proposed life sustaining care:
14512 (i) will not prevent or reduce the deterioration in the health or functional status of an
14513 individual;
14514 (ii) will not prevent the impending death of an individual; or
14515 (iii) will impose more burden on the individual than any expected benefit to the
14516 individual.
14517 (7) "Guardian" means a court-appointed guardian.
14518 (8) "Health care" means any care, treatment, service, or procedure to improve,
14519 maintain, diagnose, or otherwise affect an individual's physical or mental condition.
14520 (9) "Health care decision":
14521 (a) means a decision about an individual's health care made by the individual or the
14522 individual's surrogate, that is communicated to a health care provider;
14523 (b) includes:
14524 (i) selection and discharge of a health care provider and a health care facility;
14525 (ii) approval or disapproval of diagnostic tests, procedures, programs of medication,
14526 and orders not to resuscitate; and
14527 (iii) directions to provide, withhold, or withdraw artificial nutrition and hydration and
14528 all other forms of health care; and
14529 (c) does not include decisions about the individual's financial affairs or social
14530 interactions other than as indirectly affected by the health care decision.
14531 (10) "Health care decision making capacity" means an individual's ability to make an
14532 informed decision about receiving or refusing health care, including:
14533 (a) the ability to understand the nature, extent, or probable consequences of the health

14534 care;
14535 (b) the ability to make a rational evaluation of the burdens, risks, benefits, and
14536 alternatives to the proposed health care; and
14537 (c) the ability to communicate a decision.
14538 (11) "Health care directive":
14539 (a) includes:
14540 (i) a designation of an agent to make health care decisions for an individual when the
14541 individual cannot make or communicate health care decisions; or
14542 (ii) an expression of preferences about health care decisions; and
14543 (b) may take one of the following forms:
14544 (i) a written document, voluntarily executed by an individual in accordance with the
14545 requirements of this chapter; or
14546 (ii) a witnessed oral statement, made by an individual, in accordance with the
14547 requirements of this chapter.
14548 (12) "Health care facility" means:
14549 (a) a health care facility as defined in Title 26, Chapter 21, Health Care Facility
14550 Licensing and Inspection Act; and
14551 (b) private offices of physicians, dentists, and other health care providers licensed to
14552 provide health care under Title 58, Occupations and Professions.
14553 (13) "Health care provider" is defined in Section [ 78-14-3 ] 78B-3-403 .
14554 (14) "Individual":
14555 (a) means:
14556 (i) a person 18 years of age or older; or
14557 (ii) an emancipated minor as defined in [Sections 78-3a-1001 to 78-3a-1105] Title
14558 78A, Chapter 6, Part 8, Emancipation; and
14559 (b) includes:
14560 (i) a declarant; and
14561 (ii) a person who has not completed an advance health care directive.

14562 (15) "Reasonably available" means:
14563 (a) readily able to be contacted without undue effort; and
14564 (b) willing and able to act in a timely manner considering the urgency of the
14565 individual's health care needs.
14566 (16) "Surrogate" means a decision maker who is:
14567 (a) an appointed agent;
14568 (b) a default surrogate decision maker under the provisions of Section 75-2a-108 ; or
14569 (c) a court-appointed guardian.
14570 Section 230. Section 75-5-209 is amended to read:
14571 75-5-209. Powers and duties of guardian of minor -- Residual parental rights and
14572 duties -- Adoption of a ward.
14573 (1) For purposes of this section, "residual parental rights and duties" is as defined in
14574 Section [ 78-3a-103 ] 78A-6-105 .
14575 (2) Except as provided in Subsection (4)(a), a guardian of a minor has the powers and
14576 responsibilities of a parent who has not been deprived of custody of the parent's unemancipated
14577 minor, including the powers and responsibilities described in Subsection (3).
14578 (3) A guardian of a minor:
14579 (a) must take reasonable care of the personal effects of the guardian's ward;
14580 (b) must commence protective proceedings if necessary to protect other property of the
14581 guardian's ward;
14582 (c) subject to Subsection (4)(b), may receive money payable for the support of the ward
14583 to the ward's parent, guardian, or custodian under the terms of a:
14584 (i) statutory benefit or insurance system;
14585 (ii) private contract;
14586 (iii) devise;
14587 (iv) trust;
14588 (v) conservatorship; or
14589 (vi) custodianship;

14590 (d) subject to Subsection (4)(b), may receive money or property of the ward paid or
14591 delivered by virtue of Section 75-5-102 ;
14592 (e) except as provided in Subsection (4)(c), must exercise due care to conserve any
14593 excess money or property described in Subsection (3)(d) for the ward's future needs;
14594 (f) unless otherwise provided by statute, may institute proceedings to compel the
14595 performance by any person of a duty to:
14596 (i) support the ward; or
14597 (ii) pay sums for the welfare of the ward;
14598 (g) is empowered to:
14599 (i) facilitate the ward's education, social, or other activities; and
14600 (ii) subject to Subsection (4)(d), authorize medical or other professional care,
14601 treatment, or advice;
14602 (h) may consent to the:
14603 (i) marriage of the guardian's ward, if specifically authorized by a court to give this
14604 consent; or
14605 (ii) adoption of the guardian's ward if the:
14606 (A) guardian of the ward is specifically authorized by a court to give this consent; and
14607 (B) parental rights of the ward's parents have been terminated; and
14608 (i) must report the condition of the minor and of the minor's estate that has been subject
14609 to the guardian's possession or control:
14610 (i) as ordered by court on petition of any person interested in the minor's welfare; or
14611 (ii) as required by court rule.
14612 (4) (a) Notwithstanding Subsection (2), a guardian of a minor is not:
14613 (i) legally obligated to provide from the guardian's own funds for the ward; and
14614 (ii) liable to third persons by reason of the guardian's relationship for acts of the ward.
14615 (b) Sums received under Subsection (3)(c) or (d):
14616 (i) may not be used for compensation for the services of a guardian, except as:
14617 (A) approved by court order; or

14618 (B) determined by a duly appointed conservator other than the guardian; and
14619 (ii) shall be applied to the ward's current needs for support, care, and education.
14620 (c) Notwithstanding Subsection (3)(e), if a conservator is appointed for the estate of the
14621 ward, the excess shall be paid over at least annually to the conservator.
14622 (d) A guardian of a minor is not, by reason of giving the authorization described in
14623 Subsection (3)(g)(ii), liable for injury to the minor resulting from the negligence or acts of third
14624 persons, unless it would have been illegal for a parent to have given the authorization.
14625 (5) A parent of a minor for whom a guardian is appointed retains residual parental
14626 rights and duties.
14627 (6) If a parent of a minor for whom a guardian is appointed consents to the adoption of
14628 the minor, the guardian is entitled to:
14629 (a) receive notice of the adoption proceeding pursuant to Section [ 78-30-4.13 ]
14630 78B-6-110 ;
14631 (b) intervene in the adoption; and
14632 (c) present evidence to the court relevant to the best interest of the child pursuant to
14633 Subsection [ 78-30-4.13 ] 78B-6-110 (11).
14634 (7) If a minor for whom a guardian is appointed is adopted subsequent to the
14635 appointment, the guardianship shall terminate when the adoption is finalized.
14636 Section 231. Section 76-3-406.5 is amended to read:
14637 76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide
14638 cases.
14639 (1) As used in this section:
14640 (a) "Cohabitant" has the same definition as in Section [ 30-6-1 ] 78B-7-102 .
14641 (b) "Position of trust" includes the position of a spouse, parent, or cohabitant.
14642 (2) It is an aggravating factor that the person occupied a position of trust in relation to
14643 the victim.
14644 (3) The Board of Pardons and Parole shall consider the aggravating factor in
14645 Subsection (2) in determining the length of imprisonment for a person convicted of:

14646 (a) aggravated murder under Section 76-5-202 ;
14647 (b) murder under Section 76-5-203 ; or
14648 (c) manslaughter under Section 76-5-205 .
14649 (4) The sentencing court shall consider the aggravating factor in Subsection (2) in
14650 sentencing a person convicted of manslaughter under Section 76-5-205 .
14651 Section 232. Section 76-5-102.7 is amended to read:
14652 76-5-102.7. Assault against health care provider and emergency medical service
14653 worker -- Penalty.
14654 (1) A person who assaults a health care provider or emergency medical service worker
14655 is guilty of a class A misdemeanor if:
14656 (a) the person knew that the victim was a health care provider or emergency medical
14657 service worker; and
14658 (b) the health care provider or emergency medical service worker was performing
14659 emergency or life saving duties within the scope of his authority at the time of the assault.
14660 (2) As used in this section:
14661 (a) " Emergency medical service worker" means a person certified under Section
14662 26-8a-302 .
14663 (b) "Health care provider" has the meaning as provided in Section [ 78-14-3 ]
14664 78B-3-403 .
14665 Section 233. Section 76-5-108 is amended to read:
14666 76-5-108. Protective orders restraining abuse of another -- Violation.
14667 (1) Any person who is the respondent or defendant subject to a protective order, child
14668 protective order, ex parte protective order, or ex parte child protective order issued under Title
14669 [30] 78B, Chapter [6] 7, Part 1, Cohabitant Abuse Act, or Title [78] 78A, Chapter [3a] 6,
14670 Juvenile Court Act of 1996, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or a
14671 foreign protection order enforceable under Title [30] 78B, Chapter [6a] 7, Part 3, Uniform
14672 Interstate Enforcement of Domestic Violence Protection Orders Act, who intentionally or
14673 knowingly violates that order after having been properly served, is guilty of a class A

14674 misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant
14675 Abuse Procedures Act.
14676 (2) Violation of an order as described in Subsection (1) is a domestic violence offense
14677 under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1 .
14678 Section 234. Section 76-5-109.1 is amended to read:
14679 76-5-109.1. Commission of domestic violence in the presence of a child.
14680 (1) As used in this section:
14681 (a) "Cohabitant" has the same meaning as defined in Section [ 30-6-1 ] 78B-7-102 .
14682 (b) "Domestic violence" has the same meaning as in Section 77-36-1 .
14683 (c) "In the presence of a child" means:
14684 (i) in the physical presence of a child; or
14685 (ii) having knowledge that a child is present and may see or hear an act of domestic
14686 violence.
14687 (2) A person is guilty of child abuse if the person:
14688 (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201 ,
14689 against a cohabitant in the presence of a child; or
14690 (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous
14691 weapon, as defined in Section 76-1-601 , or other means or force likely to produce death or
14692 serious bodily injury against a cohabitant, in the presence of a child; or
14693 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
14694 commits an act of domestic violence in the presence of a child.
14695 (3) (a) A person who violates Subsection (2)(a) or (b) is guilty of a third degree felony.
14696 (b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor.
14697 (4) A charge under this section is separate and distinct from, and is in addition to, a
14698 charge of domestic violence where the victim is the cohabitant. Either or both charges may be
14699 filed by the prosecutor.
14700 Section 235. Section 76-5-110 is amended to read:
14701 76-5-110. Abuse or neglect of disabled child.

14702 (1) As used in this section:
14703 (a) "Abuse" means:
14704 (i) inflicting physical injury, as that term is defined in Section 76-5-109 ;
14705 (ii) having the care or custody of a disabled child, causing or permitting another to
14706 inflict physical injury, as that term is defined in Section 76-5-109 ; or
14707 (iii) unreasonable confinement.
14708 (b) "Caretaker" means:
14709 (i) any parent, legal guardian, or other person having under that person's care and
14710 custody a disabled child; or
14711 (ii) any person, corporation, or public institution that has assumed by contract or court
14712 order the responsibility to provide food, shelter, clothing, medical, and other necessities to a
14713 disabled child.
14714 (c) "Disabled child" means any person under 18 years of age who is impaired because
14715 of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent
14716 that the person is unable to care for the person's own personal safety or to provide necessities
14717 such as food, shelter, clothing, and medical care.
14718 (d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter,
14719 supervision, or medical care.
14720 (2) Any caretaker who abuses or neglects a disabled child is guilty of a third degree
14721 felony.
14722 (3) (a) A parent or legal guardian who provides a child with treatment by spiritual
14723 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
14724 practices of an established church or religious denomination of which the parent or legal
14725 guardian is a member or adherent shall not, for that reason alone, be considered to be in
14726 violation under this section.
14727 (b) Subject to Subsection [ 78-3a-118 ] 78A-6-117 (2)(n)(iii), the exception under
14728 Subsection (3)(a) does not preclude a court from ordering medical services from a physician
14729 licensed to engage in the practice of medicine to be provided to the child where there is

14730 substantial risk of harm to the child's health or welfare if the treatment is not provided.
14731 (c) A caretaker of a disabled child does not violate this section by selecting a treatment
14732 option for a disabled child's medical condition, if the treatment option is one that a reasonable
14733 caretaker would believe to be in the best interest of the disabled child.
14734 Section 236. Section 76-5-413 is amended to read:
14735 76-5-413. Custodial sexual relations or misconduct with youth receiving state
14736 services -- Definitions -- Penalties -- Defenses.
14737 (1) As used in this section:
14738 (a) "Actor" means:
14739 (i) a person employed by the Department of Human Services, as created in Section
14740 62A-1-102 , or an employee of a private provider or contractor; or
14741 (ii) a person employed by the juvenile court of the state, or an employee of a private
14742 provider or contractor.
14743 (b) "Department" means the Department of Human Services created in Section
14744 62A-1-102 .
14745 (c) "Juvenile court" means the juvenile court of the state created in Section [ 78-3a-102 ]
14746 78A-6-102 .
14747 (d) "Private provider or contractor" means any person or entity that contracts with the:
14748 (i) department to provide services or functions that are part of the operation of the
14749 department; or
14750 (ii) juvenile court to provide services or functions that are part of the operation of the
14751 juvenile court.
14752 (e) "Youth receiving state services" means a person:
14753 (i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:
14754 (A) in the custody of the department under Subsection [ 78-3a-118 ]
14755 78A-6-117 (2)(c)(ii); or
14756 (B) receiving services from any division of the department if any portion of the costs of
14757 these services is covered by public monies as defined in Section 76-8-401 ; or

14758 (ii) younger than 21 years of age who is:
14759 (A) in the custody of the Division of Juvenile Justice Services, or the Division of Child
14760 and Family Services; or
14761 (B) under the jurisdiction of the juvenile court.
14762 (2) (a) An actor commits custodial sexual relations with a youth receiving state
14763 services if the actor commits any of the acts under Subsection (3):
14764 (i) under circumstances not amounting to commission of, or an attempt to commit, an
14765 offense under Subsection (6); and
14766 (ii) (A) the actor knows that the individual is a youth receiving state services; or
14767 (B) a reasonable person in the actor's position should have known under the
14768 circumstances that the individual was a youth receiving state services.
14769 (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
14770 state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second
14771 degree felony.
14772 (c) If the act committed under this Subsection (2) amounts to an offense subject to a
14773 greater penalty under another provision of state law than is provided under this Subsection (2),
14774 this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
14775 (3) Acts referred to in Subsection (2)(a) are:
14776 (a) having sexual intercourse with a youth receiving state services;
14777 (b) engaging in any sexual act with a youth receiving state services involving the
14778 genitals of one person and the mouth or anus of another person, regardless of the sex of either
14779 participant; or
14780 (c) causing the penetration, however slight, of the genital or anal opening of a youth
14781 receiving state services by any foreign object, substance, instrument, or device, including a part
14782 of the human body, with the intent to cause substantial emotional or bodily pain to any person,
14783 regardless of the sex of any participant or with the intent to arouse or gratify the sexual desire
14784 of any person, regardless of the sex of any participant.
14785 (4) (a) An actor commits custodial sexual misconduct with a youth receiving state

14786 services if the actor commits any of the acts under Subsection (5):
14787 (i) under circumstances not amounting to commission of, or an attempt to commit, an
14788 offense under Subsection (6); and
14789 (ii) (A) the actor knows that the individual is a youth receiving state services; or
14790 (B) a reasonable person in the actor's position should have known under the
14791 circumstances that the individual was a youth receiving state services.
14792 (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
14793 receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a
14794 third degree felony.
14795 (c) If the act committed under this Subsection (4) amounts to an offense subject to a
14796 greater penalty under another provision of state law than is provided under this Subsection (4),
14797 this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
14798 (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
14799 the intent to cause substantial emotional or bodily pain to any person or with the intent to
14800 arouse or gratify the sexual desire of any person, regardless of the sex of any participant:
14801 (a) touching the anus, buttocks, or any part of the genitals of a youth receiving state
14802 services;
14803 (b) touching the breast of a female youth receiving state services;
14804 (c) otherwise taking indecent liberties with a youth receiving state services; or
14805 (d) causing a youth receiving state services to take indecent liberties with the actor or
14806 another person.
14807 (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
14808 (a) Section 76-5-401 , unlawful sexual activity with a minor;
14809 (b) Section 76-5-402 , rape;
14810 (c) Section 76-5-402.1 , rape of a child;
14811 (d) Section 76-5-402.2 , object rape;
14812 (e) Section 76-5-402.3 , object rape of a child;
14813 (f) Section 76-5-403 , forcible sodomy;

14814 (g) Section 76-5-403.1 , sodomy on a child;
14815 (h) Section 76-5-404 , forcible sexual abuse;
14816 (i) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child; or
14817 (j) Section 76-5-405 , aggravated sexual assault.
14818 (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
14819 with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
14820 a youth receiving state services under Subsection (4), or an attempt to commit either of these
14821 offenses, if the youth receiving state services is younger than 18 years of age, that the actor:
14822 (i) mistakenly believed the youth receiving state services to be 18 years of age or older
14823 at the time of the alleged offense; or
14824 (ii) was unaware of the true age of the youth receiving state services.
14825 (b) Consent of the youth receiving state services is not a defense to any violation or
14826 attempted violation of Subsection (2) or (4).
14827 (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
14828 is the result of compulsion, as the defense is described in Subsection 76-2-302 (1).
14829 Section 237. Section 76-6-107.1 , which is renumbered from Section 78-11-20.7 is
14830 renumbered and amended to read:
14831 [78-11-20.7]. 76-6-107.1. Compensatory service -- Graffiti penalties.
14832 (1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for
14833 its use, [or adjudicated in the juvenile court under Section 78-3a-118 ,] the court may, as a
14834 condition of probation under Subsection 77-18-1 (8), [in addition to the compensatory or
14835 general damage award imposed pursuant to Section 78-11-20 ,] order the offender to clean up
14836 graffiti of his own and any other at a time and place within the jurisdiction of the court.
14837 (a) For a first conviction or adjudication, the court may require the offender to clean up
14838 graffiti for not less than eight hours.
14839 (b) For a second conviction or adjudication, the court may require the offender to clean
14840 up graffiti for not less than 16 hours.
14841 (c) For a third conviction or adjudication, the court may require the offender to clean

14842 up graffiti for not less than 24 hours.
14843 [(2) Any compensatory service of a person under the age of 18 years which is required,
14844 under this section, may be performed in the presence, and under the direct supervision, of the
14845 person's parent or legal guardian. The person's parent or legal guardian shall report completion
14846 of the order to the court.]
14847 [(3)] (2) The offender convicted under Section 76-6-106 , 76-6-206 , or 76-6-107 [or
14848 adjudicated under Section 78-3a-118 or his parent or legal guardian, if applicable,] shall be
14849 responsible for removal costs as determined under Section 76-6-107 , unless waived by the
14850 court for good cause.
14851 [(4)] (3) The court may also require the offender to perform other alternative forms of
14852 restitution or repair to the damaged property pursuant to Subsection 77-18-1 (8).
14853 Section 238. Section 76-7-305 is amended to read:
14854 76-7-305. Informed consent requirements for abortion -- 24-hour wait mandatory
14855 -- Emergency exceptions.
14856 (1) No abortion may be performed unless a voluntary and informed written consent,
14857 consistent with Section 8.08 of the American Medical Association's Code of Medical Ethics,
14858 Current Opinions, and the provisions of this section is first obtained by the attending physician
14859 from the woman upon whom the abortion is to be performed.
14860 (2) Except in the case of a medical emergency, consent to an abortion is voluntary and
14861 informed only if:
14862 (a) at least 24 hours prior to the abortion, the physician who is to perform the abortion,
14863 the referring physician, a registered nurse, nurse practitioner, advanced practice registered
14864 nurse, certified nurse midwife, or physician's assistant, in a face-to-face consultation, orally
14865 informs the woman of:
14866 (i) consistent with Subsection (3)(a), the nature of the proposed abortion procedure or
14867 treatment, specifically how that procedure will affect the fetus, and the risks and alternatives to
14868 an abortion procedure or treatment that any person would consider material to the decision of
14869 whether or not to undergo an abortion;

14870 (ii) the probable gestational age and a description of the development of the unborn
14871 child at the time the abortion would be performed; and
14872 (iii) the medical risks associated with carrying her child to term;
14873 (b) at least 24 hours prior to the abortion the physician who is to perform the abortion,
14874 the referring physician, or, as specifically delegated by either of those physicians, a registered
14875 nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered nurse,
14876 clinical laboratory technologist, psychologist, marriage and family therapist, clinical social
14877 worker, or certified social worker has orally, in a face-to-face consultation, informed the
14878 pregnant woman that:
14879 (i) the Department of Health, in accordance with Section 76-7-305.5 , publishes printed
14880 material and an informational video that:
14881 (A) provides medically accurate information regarding all abortion procedures that may
14882 be used;
14883 (B) describes the gestational stages of an unborn child; and
14884 (C) includes information regarding public and private services and agencies available
14885 to assist her through pregnancy, at childbirth, and while the child is dependent, including
14886 private and agency adoption alternatives;
14887 (ii) the printed material and a viewing of or a copy of the informational video shall be
14888 provided to her free of charge;
14889 (iii) medical assistance benefits may be available for prenatal care, childbirth, and
14890 neonatal care, and that more detailed information on the availability of that assistance is
14891 contained in the printed materials and the informational video published by the Department of
14892 Health;
14893 (iv) except as provided in Subsection (3)(b), the father of the unborn child is legally
14894 required to assist in the support of her child, even in instances where he has offered to pay for
14895 the abortion, and that the Office of Recovery Services within the Department of Human
14896 Services will assist her in collecting child support; and
14897 (v) she has the right to view an ultrasound of the unborn child, at no expense to her,

14898 upon her request;
14899 (c) the information required to be provided to the pregnant woman under Subsection
14900 (2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face
14901 consultation, prior to performance of the abortion, unless the attending or referring physician is
14902 the individual who provides the information required under Subsection (2)(a);
14903 (d) a copy of the printed materials published by the Department of Health has been
14904 provided to the pregnant woman;
14905 (e) the informational video, published by the Department of Health, has been provided
14906 to the pregnant woman in accordance with Subsection (4); and
14907 (f) the pregnant woman has certified in writing, prior to the abortion, that the
14908 information required to be provided under Subsections (2)(a) through (e) was provided, in
14909 accordance with the requirements of those subsections.
14910 (3) (a) The alternatives required to be provided under Subsection (2)(a)(i) shall include:
14911 (i) a description of adoption services, including private and agency adoption methods;
14912 and
14913 (ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and
14914 birth expenses.
14915 (b) The information described in Subsection (2)(b)(iv) may be omitted from the
14916 information required to be provided to a pregnant woman under this section if the woman is
14917 pregnant as the result of rape.
14918 (4) When the informational video described in Section 76-7-305.5 is provided to a
14919 pregnant woman, the person providing the information shall first request that the woman view
14920 the video at that time or at another specifically designated time and location. If the woman
14921 chooses not to do so, a copy of the video shall be provided to her.
14922 (5) When a serious medical emergency compels the performance of an abortion, the
14923 physician shall inform the woman prior to the abortion, if possible, of the medical indications
14924 supporting the physician's judgment that an abortion is necessary.
14925 (6) Any physician who violates the provisions of this section:

14926 (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102 ;
14927 and
14928 (b) shall be subject to suspension or revocation of the physician's license for the
14929 practice of medicine and surgery in accordance with Sections 58-67-401 and 58-67-402 , Utah
14930 Medical Practice Act, or Sections 58-68-401 and 58-68-402 , Utah Osteopathic Medical
14931 Practice Act.
14932 (7) A physician is not guilty of violating this section for failure to furnish any of the
14933 information described in Subsection (2), if:
14934 (a) the physician can demonstrate by a preponderance of the evidence that the physician
14935 reasonably believed that furnishing the information would have resulted in a severely adverse
14936 effect on the physical or mental health of the pregnant woman;
14937 (b) in the physician's professional judgment, the abortion was necessary to save the
14938 pregnant woman's life;
14939 (c) the pregnancy was the result of rape or rape of a child, as defined in Sections
14940 76-5-402 and 76-5-402.1 ;
14941 (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406 (10) and
14942 Section 76-7-102 ;
14943 (e) in his professional judgment the abortion was to prevent the birth of a child who
14944 would have been born with grave defects; or
14945 (f) the pregnant woman was 14 years of age or younger.
14946 (8) A physician who complies with the provisions of this section and Section
14947 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
14948 informed consent under Section [ 78-14-5 ] 78B-3-406 .
14949 Section 239. Section 76-8-601 is amended to read:
14950 76-8-601. Wrongful commencement of action in justice court.
14951 Any party to any suit or proceeding, and any attorney or agent for the party, who
14952 knowingly commences, prosecutes, or maintains any action, suit, or proceeding in any justice
14953 court other than as provided in Sections [ 78-5-103 ] 78A-7-105 and [ 78-5-104 ] 78A-7-106 , is

14954 guilty of a class B misdemeanor.
14955 Section 240. Section 76-9-701 is amended to read:
14956 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
14957 center.
14958 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
14959 controlled substance, or any substance having the property of releasing toxic vapors, to a
14960 degree that the person may endanger the person or another, in a public place or in a private
14961 place where the person unreasonably disturbs other persons.
14962 (2) (a) A peace officer or a magistrate may release from custody a person arrested
14963 under this section if the peace officer or magistrate believes imprisonment is unnecessary for
14964 the protection of the person or another.
14965 (b) A peace officer may take the arrested person to a detoxification center or other
14966 special facility as an alternative to incarceration or release from custody.
14967 (3) When a person who is at least 18 years old, but younger than 21 years old, is found
14968 by a court to have violated this section:
14969 (a) if the violation is the person's first violation of this section, the court may suspend
14970 the person's driving privileges; or
14971 (b) if the violation is the person's second or subsequent violation of this section, the
14972 court shall suspend the person's driving privileges.
14973 (4) When a person who is at least 13 years old, but younger than 18 years old, is found
14974 by a court to have violated this section, the provisions regarding suspension of the driver's
14975 license under Section [ 78-3a-506 ] 78A-6-606 apply to the violation.
14976 (5) When the court issues an order suspending a person's driving privileges for a
14977 violation of this section, the person's driver license shall be suspended under Section 53-3-219 .
14978 (6) An offense under this section is a class C misdemeanor.
14979 Section 241. Section 76-10-306 is amended to read:
14980 76-10-306. Explosive, chemical, or incendiary device and parts -- Definitions --
14981 Persons exempted -- Penalties.

14982 (1) As used in this section:
14983 (a) "Explosive, chemical, or incendiary device" means:
14984 (i) dynamite and all other forms of high explosives, including water gel, slurry, military
14985 C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, ammonium nitrate, fuel
14986 oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting
14987 caps, exploding cords commonly called detonating cord, detcord, or primacord, picric acid
14988 explosives, T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin mixtures, or any other
14989 chemical mixture intended to explode with fire or force;
14990 (ii) any explosive bomb, grenade, missile, or similar device; and
14991 (iii) any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device,
14992 including any device, except kerosene lamps, if criminal intent has not been established, which
14993 consists of or includes a breakable container including a flammable liquid or compound and a
14994 wick composed of any material which, when ignited, is capable of igniting the flammable
14995 liquid or compound or any breakable container which consists of, or includes a chemical
14996 mixture that explodes with fire or force and can be carried, thrown, or placed.
14997 (b) "Explosive, chemical, or incendiary device" does not include rifle, pistol, or
14998 shotgun ammunition, reloading components, or muzzleloading equipment.
14999 (c) "Explosive, chemical, or incendiary parts" means any substances or materials or
15000 combinations which have been prepared or altered for use in the creation of an explosive,
15001 chemical, or incendiary device. These substances or materials include:
15002 (i) timing device, clock, or watch which has been altered in such a manner as to be
15003 used as the arming device in an explosive;
15004 (ii) pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and
15005 (iii) mechanical timers, mechanical triggers, chemical time delays, electronic time
15006 delays, or commercially made or improvised items which, when used singly or in combination,
15007 may be used in the construction of a timing delay mechanism, booby trap, or activating
15008 mechanism for any explosive, chemical, or incendiary device.
15009 (d) "Explosive, chemical, or incendiary parts" does not include rifle, pistol, or shotgun

15010 ammunition, or any signaling device customarily used in operation of railroad equipment.
15011 (2) The provisions in Subsections (3) and (6) do not apply to:
15012 (a) any public safety officer while acting in his official capacity transporting or
15013 otherwise handling explosives, chemical, or incendiary devices;
15014 (b) any member of the armed forces of the United States or Utah National Guard while
15015 acting in his official capacity;
15016 (c) any person possessing a valid permit issued under the provisions of Uniform Fire
15017 Code, Article 77, or any employee of the permittee acting within the scope of his employment;
15018 (d) any person possessing a valid license as an importer, wholesaler, or display
15019 operator under the provisions of Sections 11-3-3.5 and 53-7-223 ; and
15020 (e) any person or entity possessing or controlling an explosive, chemical, or incendiary
15021 device as part of its lawful business operations.
15022 (3) Any person is guilty of a second degree felony who, under circumstances not
15023 amounting to a violation of Title 76, Chapter 10, Part 4, Weapons of Mass Destruction,
15024 knowingly, intentionally, or recklessly possesses or controls an explosive, chemical, or
15025 incendiary device.
15026 (4) Any person is guilty of a first degree felony who, under circumstances not
15027 amounting to a violation of Title 76, Chapter 10, Part 4, Weapons of Mass Destruction,
15028 knowingly or intentionally:
15029 (a) uses or causes to be used an explosive, chemical, or incendiary device in the
15030 commission of or an attempt to commit a felony;
15031 (b) injures another or attempts to injure another in his person or property through the
15032 use of an explosive, chemical, or incendiary device; or
15033 (c) transports, possesses, distributes, or sells any explosive, chemical, or incendiary
15034 device in a secure area established pursuant to Section 76-8-311.1 , 76-8-311.3 , 76-10-529 , or
15035 [ 78-7-6 ] 78A-2-203 .
15036 (5) Any person who, under circumstances not amounting to a violation of Title 76,
15037 Chapter 10, Part 4, Weapons of Mass Destruction, knowingly, intentionally, or recklessly

15038 removes or causes to be removed or carries away any explosive, chemical, or incendiary device
15039 from the premises where the explosive, chemical, or incendiary device is kept by the lawful
15040 user, vendor, transporter, or manufacturer without the consent or direction of the lawful
15041 possessor is guilty of a second degree felony.
15042 (6) Any person who, under circumstances not amounting to a violation of Title 76,
15043 Chapter 10, Part 4,Weapons of Mass Destruction, knowingly, intentionally, or recklessly
15044 possesses any explosive, chemical, or incendiary parts is guilty of a felony of the third degree.
15045 Section 242. Section 76-10-523.5 is amended to read:
15046 76-10-523.5. Compliance with rules for secure facilities.
15047 Any person, including a person licensed to carry a concealed firearm under Title 53,
15048 Chapter 5, Part 7, Concealed Weapons, shall comply with any rule established for secure
15049 facilities pursuant to Sections 53B-3-103 , 76-8-311.1 , 76-8-311.3 , and [ 78-7-6 ] 78A-2-203 and
15050 shall be subject to any penalty provided in those sections.
15051 Section 243. Section 76-10-803 is amended to read:
15052 76-10-803. "Public nuisance" defined -- Agricultural operations.
15053 (1) A public nuisance is a crime against the order and economy of the state and consists
15054 in unlawfully doing any act or omitting to perform any duty, which act or omission:
15055 (a) annoys, injures, or endangers the comfort, repose, health, or safety of three or more
15056 persons;
15057 (b) offends public decency;
15058 (c) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for
15059 passage, any lake, stream, canal, or basin, or any public park, square, street, or highway;
15060 (d) is a nuisance as defined in Section [ 78-38-9 ] 78B-6-1107 ; or
15061 (e) in any way renders three or more persons insecure in life or the use of property.
15062 (2) An act which affects three or more persons in any of the ways specified in this
15063 section is still a nuisance regardless of the extent to which the annoyance or damage inflicted
15064 on individuals is unequal.
15065 (3) (a) Agricultural operations that are consistent with sound agricultural practices are

15066 presumed to be reasonable and do not constitute a public nuisance under Subsection (1) unless
15067 the agricultural operation has a substantial adverse effect on the public health and safety.
15068 (b) Agricultural operations undertaken in conformity with federal, state, and local laws
15069 and regulations, including zoning ordinances, are presumed to be operating within sound
15070 agricultural practices.
15071 Section 244. Section 76-10-1605 is amended to read:
15072 76-10-1605. Remedies of person injured by a pattern of unlawful activity --
15073 Double damages -- Costs, including attorney fees -- Arbitration -- Agency -- Burden of
15074 proof -- Actions by attorney general or county attorney -- Dismissal -- Statute of
15075 limitations -- Authorized orders of district court.
15076 (1) A person injured in his person, business, or property by a person engaged in
15077 conduct forbidden by any provision of Section 76-10-1603 may sue in an appropriate district
15078 court and recover twice the damages he sustains, regardless of whether:
15079 (a) the injury is separate or distinct from the injury suffered as a result of the acts or
15080 conduct constituting the pattern of unlawful conduct alleged as part of the cause of action; or
15081 (b) the conduct has been adjudged criminal by any court of the state or of the United
15082 States.
15083 (2) A party who prevails on a cause of action brought under this section recovers the
15084 cost of the suit, including [a] reasonable [attorney's fee] attorney fees.
15085 (3) All actions arising under this section which are grounded in fraud are subject to
15086 arbitration under Title [78, Chapter 31a] 78B, Chapter 11, Utah Uniform Arbitration Act.
15087 (4) In all actions under this section, a principal is liable for actual damages for harm
15088 caused by an agent acting within the scope of either his employment or apparent authority. A
15089 principal is liable for double damages only if the pattern of unlawful activity alleged and
15090 proven as part of the cause of action was authorized, solicited, requested, commanded,
15091 undertaken, performed, or recklessly tolerated by the board of directors or a high managerial
15092 agent acting within the scope of his employment.
15093 (5) In all actions arising under this section, the burden of proof is clear and convincing

15094 evidence.
15095 (6) The attorney general, county attorney, or, if within a prosecution district, the district
15096 attorney may maintain actions under this section on behalf of the state, the county, or any
15097 person injured by a person engaged in conduct forbidden by any provision of Section
15098 76-10-1603 , to prevent, restrain, or remedy injury as defined in this section and may recover
15099 the damages and costs allowed by this section.
15100 (7) In all actions under this section, the elements of each claim or cause of action shall
15101 be stated with particularity against each defendant.
15102 (8) If an action, claim, or counterclaim brought or asserted by a private party under this
15103 section is dismissed prior to trial or disposed of on summary judgment, or if it is determined at
15104 trial that there is no liability, the prevailing party shall recover from the party who brought the
15105 action or asserted the claim or counterclaim the amount of its reasonable expenses incurred
15106 because of the defense against the action, claim, or counterclaim, including a reasonable
15107 attorney's fee.
15108 (9) An action or proceeding brought under this section shall be commenced within
15109 three years after the conduct prohibited by Section 76-10-1603 terminates or the cause of action
15110 accrues, whichever is later. This provision supersedes any limitation to the contrary.
15111 (10) (a) In any action brought under this section, the district court has jurisdiction to
15112 prevent, restrain, or remedy injury as defined by this section by issuing appropriate orders after
15113 making provisions for the rights of innocent persons.
15114 (b) Before liability is determined in any action brought under this section, the district
15115 court may:
15116 (i) issue restraining orders and injunctions;
15117 (ii) require satisfactory performance bonds or any other bond it considers appropriate
15118 and necessary in connection with any property or any requirement imposed upon a party by the
15119 court; and
15120 (iii) enter any other order the court considers necessary and proper.
15121 (c) After a determination of liability, the district court may, in addition to granting the

15122 relief allowed in Subsection (1), do any one or all of the following:
15123 (i) order any person to divest himself of any interest in or any control, direct or indirect,
15124 of any enterprise;
15125 (ii) impose reasonable restrictions on the future activities or investments of any person,
15126 including prohibiting any person from engaging in the same type of endeavor as the enterprise
15127 engaged in, to the extent the Utah Constitution and the Constitution of the United States
15128 permit; or
15129 (iii) order the dissolution or reorganization of any enterprise.
15130 (d) However, if an action is brought to obtain any relief provided by this section, and if
15131 the conduct prohibited by Section 76-10-1603 has for its pattern of unlawful activity acts or
15132 conduct illegal under Section 76-10-1204 , 76-10-1205 , 76-10-1206 , or 76-10-1222 , the court
15133 may not enter any order that would amount to a prior restraint on the exercise of an affected
15134 party's rights under the First Amendment to the Constitution of the United States, or Article I,
15135 Sec. 15 of the Utah Constitution. The court shall, upon the request of any affected party, and
15136 upon the notice to all parties, prior to the issuance of any order provided for in this subsection,
15137 and at any later time, hold hearings as necessary to determine whether any materials at issue are
15138 obscene or pornographic and to determine if there is probable cause to believe that any act or
15139 conduct alleged violates Section 76-10-1204 , 76-10-1205 , 76-10-1206 , or 76-10-1222 . In
15140 making its findings the court shall be guided by the same considerations required of a court
15141 making similar findings in criminal cases brought under Section 76-10-1204 , 76-10-1205 ,
15142 76-10-1206 , or 76-10-1222 , including, but not limited to, the definitions in Sections
15143 76-10-1201 , 76-10-1203 , and 76-10-1216 , and the exemptions in Section 76-10-1226 .
15144 Section 245. Section 77-1-3 is amended to read:
15145 77-1-3. Definitions.
15146 For the purpose of this act:
15147 (1) "Criminal action" means the proceedings by which a person is charged, accused,
15148 and brought to trial for a public offense.
15149 (2) "Indictment" means an accusation in writing presented by a grand jury to the

15150 district court charging a person with a public offense.
15151 (3) "Information" means an accusation, in writing, charging a person with a public
15152 offense which is presented, signed, and filed in the office of the clerk where the prosecution is
15153 commenced pursuant to Section 77-2-1.1 .
15154 (4) "Magistrate" means a justice or judge of a court of record or not of record or a
15155 commissioner of such a court appointed in accordance with Section [ 78-3-31 ] 78A-5-107 ,
15156 except that the authority of a court commissioner to act as a magistrate shall be limited by rule
15157 of the judicial council. The judicial council rules shall not exceed constitutional limitations
15158 upon the delegation of judicial authority.
15159 Section 246. Section 77-2-4.2 is amended to read:
15160 77-2-4.2. Compromise of traffic charges -- Limitations.
15161 (1) As used in this section:
15162 (a) "Compromise" means referral of a person charged with a traffic violation to traffic
15163 school or other school, class, or remedial or rehabilitative program.
15164 (b) "Traffic violation" means any charge for which bail may be forfeited in lieu of
15165 appearance, by citation or information, of a violation of:
15166 (i) Title 41, Chapter 6a, Traffic Code, amounting to:
15167 (A) a class B misdemeanor;
15168 (B) a class C misdemeanor; or
15169 (C) an infraction; or
15170 (ii) any local traffic ordinance.
15171 (2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance
15172 agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
15173 (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4 ; or
15174 (b) when there is a plea by the defendant to and entry of a judgment by a court for the
15175 offense originally charged or for an amended charge.
15176 (3) In all cases which are compromised pursuant to the provisions of Subsection (2):
15177 (a) the court, taking into consideration the offense charged, shall collect a plea in

15178 abeyance fee which shall:
15179 (i) be subject to the same surcharge as if imposed on a criminal fine;
15180 (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
15181 [ 78-3-14.5 ] 78A-5-110 and a surcharge under Title 63, Chapter 63a, Crime Victim Reparation
15182 Trust, Public Safety Support Funds, Substance Abuse Prevention Account, and Services for
15183 Victims of Domestic Violence Account; and
15184 (iii) be not more than $25 greater than the bail designated in the Uniform Bail
15185 Schedule; or
15186 (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
15187 school or other school, class, or rehabilitative program shall be collected, which surcharge
15188 shall:
15189 (i) be computed, assessed, collected, and remitted in the same manner as if the traffic
15190 school fee and surcharge had been imposed as a criminal fine and surcharge; and
15191 (ii) be subject to the financial requirements contained in Title 63, Chapter 63a, Crime
15192 Victim Reparation Trust, Public Safety Support Funds, Substance Abuse Prevention Account,
15193 and Services for Victims of Domestic Violence Account.
15194 (4) If a written plea in abeyance agreement is provided, or the defendant requests a
15195 written accounting, an itemized statement of all amounts assessed by the court shall be
15196 provided, including:
15197 (a) the Uniform Bail Schedule amount;
15198 (b) the amount of any surcharges being assessed; and
15199 (c) the amount of the plea in abeyance fee.
15200 Section 247. Section 77-2a-3 is amended to read:
15201 77-2a-3. Manner of entry of plea -- Powers of court.
15202 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
15203 done in full compliance with the provisions of Rule 11, Utah Rules of Criminal Procedure.
15204 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
15205 agreement may be entered into without a personal appearance before a magistrate.

15206 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
15207 defendant has successfully completed the terms of the agreement:
15208 (a) reduce the degree of the offense and enter judgment of conviction and impose
15209 sentence for a lower degree of offense; or
15210 (b) allow withdrawal of defendant's plea and order the dismissal of the case.
15211 (3) Upon finding that a defendant has successfully completed the terms of a plea in
15212 abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
15213 provided in the plea in abeyance agreement or as agreed to by all parties. Upon sentencing a
15214 defendant for any lesser offense pursuant to a plea in abeyance agreement, the court may not
15215 invoke Section 76-3-402 to further reduce the degree of the offense.
15216 (4) The court may require the Department of Corrections to assist in the administration
15217 of the plea in abeyance agreement as if the defendant were on probation to the court under
15218 Section 77-18-1 .
15219 (5) The terms of a plea in abeyance agreement may include:
15220 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
15221 surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
15222 the same manner as if paid as a fine for a criminal conviction under Section [ 78-3-14.5 ]
15223 78A-5-110 and a surcharge under Title 63, Chapter 63a, Crime Victim Reparation Trust, Public
15224 Safety Support Funds, Substance Abuse Prevention Account, and Services for Victims of
15225 Domestic Violence Account, and which may not exceed in amount the maximum fine and
15226 surcharge which could have been imposed upon conviction and sentencing for the same
15227 offense;
15228 (b) an order that the defendant pay restitution to the victims of his actions as provided
15229 in Title 77, Chapter 38a, Crime Victims Restitution Act;
15230 (c) an order that the defendant pay the costs of any remedial or rehabilitative program
15231 required by the terms of the agreement; and
15232 (d) an order that the defendant comply with any other conditions which could have
15233 been imposed as conditions of probation upon conviction and sentencing for the same offense.

15234 (6) A court may not hold a plea in abeyance without the consent of both the
15235 prosecuting attorney and the defendant. A decision by a prosecuting attorney not to agree to a
15236 plea in abeyance is final.
15237 (7) No plea may be held in abeyance in any case involving a sexual offense against a
15238 victim who is under the age of 14.
15239 (8) Beginning on July 1, 2008, no plea may be held in abeyance in any case involving a
15240 driving under the influence violation under Section 41-6a-502 .
15241 Section 248. Section 77-3a-101 is amended to read:
15242 77-3a-101. Civil stalking injunction -- Petition -- Ex parte injunction.
15243 (1) As used in this chapter, "stalking" means the crime of stalking as defined in Section
15244 76-5-106.5 . Stalking injunctions may not be obtained against law enforcement officers,
15245 governmental investigators, or licensed private investigators, acting in their official capacity.
15246 (2) Any person who believes that he or she is the victim of stalking may file a verified
15247 written petition for a civil stalking injunction against the alleged stalker with the district court
15248 in the district in which the petitioner or respondent resides or in which any of the events
15249 occurred. A minor with his or her parent or guardian may file a petition on his or her own
15250 behalf, or a parent, guardian, or custodian may file a petition on the minor's behalf.
15251 (3) The Administrative Office of the Courts shall develop and adopt uniform forms for
15252 petitions, ex parte civil stalking injunctions, civil stalking injunctions, service and any other
15253 necessary forms in accordance with the provisions of this chapter on or before July 1, 2001.
15254 The office shall provide the forms to the clerk of each district court.
15255 (a) All petitions, injunctions, ex parte injunctions, and any other necessary forms shall
15256 be issued in the form adopted by the Administrative Office of the Courts.
15257 (b) The offices of the court clerk shall provide the forms to persons seeking to proceed
15258 under this chapter.
15259 (4) The petition for a civil stalking injunction shall include:
15260 (a) the name of the petitioner; however, the petitioner's address shall be disclosed to the
15261 court for purposes of service, but, on request of the petitioner, the address may not be listed on

15262 the petition, and shall be protected and maintained in a separate document or automated
15263 database, not subject to release, disclosure, or any form of public access except as ordered by
15264 the court for good cause shown;
15265 (b) the name and address, if known, of the respondent;
15266 (c) specific events and dates of the actions constituting the alleged stalking;
15267 (d) if there is a prior court order concerning the same conduct, the name of the court in
15268 which the order was rendered; and
15269 (e) corroborating evidence of stalking, which may be in the form of a police report,
15270 affidavit, record, statement, item, letter, or any other evidence which tends to prove the
15271 allegation of stalking.
15272 (5) If the court determines that there is reason to believe that an offense of stalking has
15273 occurred, an ex parte civil stalking injunction may be issued by the court that includes any of
15274 the following:
15275 (a) respondent may be enjoined from committing stalking;
15276 (b) respondent may be restrained from coming near the residence, place of
15277 employment, or school of the other party or specifically designated locations or persons;
15278 (c) respondent may be restrained from contacting, directly or indirectly, the other party,
15279 including personal, written or telephone contact with the other party, the other party's
15280 employers, employees, fellow workers or others with whom communication would be likely to
15281 cause annoyance or alarm to the other party; or
15282 (d) any other relief necessary or convenient for the protection of the petitioner and
15283 other specifically designated persons under the circumstances.
15284 (6) Within ten days of service of the ex parte civil stalking injunction, the respondent is
15285 entitled to request, in writing, an evidentiary hearing on the civil stalking injunction.
15286 (a) A hearing requested by the respondent shall be held within ten days from the date
15287 the request is filed with the court unless the court finds compelling reasons to continue the
15288 hearing. The hearing shall then be held at the earliest possible time. The burden is on the
15289 petitioner to show by a preponderance of the evidence that stalking of the petitioner by the

15290 respondent has occurred.
15291 (b) An ex parte civil stalking injunction issued under this section shall state on its face:
15292 (i) that the respondent is entitled to a hearing, upon written request within ten days of
15293 the service of the order;
15294 (ii) the name and address of the district court where the request may be filed;
15295 (iii) that if the respondent fails to request a hearing within ten days of service, the ex
15296 parte civil stalking injunction is automatically modified to a civil stalking injunction without
15297 further notice to the respondent and that the civil stalking injunction expires three years after
15298 service of the ex parte civil stalking injunction; and
15299 (iv) that if the respondent requests, in writing, a hearing after the ten-day period after
15300 service, the court shall set a hearing within a reasonable time from the date requested.
15301 (7) At the hearing, the court may modify, revoke, or continue the injunction. The
15302 burden is on the petitioner to show by a preponderance of the evidence that stalking of the
15303 petitioner by the respondent has occurred.
15304 (8) The ex parte civil stalking injunction and civil stalking injunction shall include the
15305 following statement: "Attention. This is an official court order. If you disobey this order, the
15306 court may find you in contempt. You may also be arrested and prosecuted for the crime of
15307 stalking and any other crime you may have committed in disobeying this order."
15308 (9) The ex parte civil stalking injunction shall be served on the respondent within 90
15309 days from the date it is signed. An ex parte civil stalking injunction is effective upon service.
15310 If no hearing is requested in writing by the respondent within ten days of service of the ex parte
15311 civil stalking injunction, the ex parte civil stalking injunction automatically becomes a civil
15312 stalking injunction without further notice to the respondent and expires three years from the
15313 date of service of the ex parte civil stalking injunction.
15314 (10) If the respondent requests a hearing after the ten-day period after service, the court
15315 shall set a hearing within a reasonable time from the date requested. At the hearing, the burden
15316 is on the respondent to show good cause why the civil stalking injunction should be dissolved
15317 or modified.

15318 (11) Within 24 hours after the affidavit or acceptance of service has been returned,
15319 excluding weekends and holidays, the clerk of the court from which the ex parte civil stalking
15320 injunction was issued shall enter a copy of the ex parte civil stalking injunction and proof of
15321 service or acceptance of service in the statewide network for warrants or a similar system.
15322 (a) The effectiveness of an ex parte civil stalking injunction or civil stalking injunction
15323 shall not depend upon its entry in the statewide system and, for enforcement purposes, a
15324 certified copy of an ex parte civil stalking injunction or civil stalking injunction is presumed to
15325 be a valid existing order of the court for a period of three years from the date of service of the
15326 ex parte civil stalking injunction on the respondent.
15327 (b) Any changes or modifications of the ex parte civil stalking injunction are effective
15328 upon service on the respondent. The original ex parte civil stalking injunction continues in
15329 effect until service of the changed or modified civil stalking injunction on the respondent.
15330 (12) Within 24 hours after the affidavit or acceptance of service has been returned,
15331 excluding weekends and holidays, the clerk of the court shall enter a copy of the changed or
15332 modified civil stalking injunction and proof of service or acceptance of service in the statewide
15333 network for warrants or a similar system.
15334 (13) The ex parte civil stalking injunction or civil stalking injunction may be dissolved
15335 at any time upon application of the petitioner to the court which granted it.
15336 (14) The court clerk shall provide, without charge, to the petitioner one certified copy
15337 of the injunction issued by the court and one certified copy of the proof of service of the
15338 injunction on the respondent. Charges may be imposed by the clerk's office for any additional
15339 copies, certified or not certified in accordance with Rule 4-202.08 of the Code of Judicial
15340 Administration.
15341 (15) The remedies provided in this chapter for enforcement of the orders of the court
15342 are in addition to any other civil and criminal remedies available. The district court shall hear
15343 and decide all matters arising pursuant to this section.
15344 (16) After a hearing with notice to the affected party, the court may enter an order
15345 requiring any party to pay the costs of the action, including reasonable [attorney's] attorney

15346 fees.
15347 (17) This chapter does not apply to protective orders or ex parte protective orders
15348 issued pursuant to Title [30] 78B, Chapter [6] 7, Part 1, Cohabitant Abuse Act, or to
15349 preliminary injunctions issued pursuant to an action for dissolution of marriage or legal
15350 separation.
15351 Section 249. Section 77-7-6 is amended to read:
15352 77-7-6. Manner of making arrest.
15353 (1) The person making the arrest shall inform the person being arrested of his intention,
15354 cause, and authority to arrest him. Such notice shall not be required when:
15355 (a) there is reason to believe the notice will endanger the life or safety of the officer or
15356 another person or will likely enable the party being arrested to escape;
15357 (b) the person being arrested is actually engaged in the commission of, or an attempt to
15358 commit, an offense; or
15359 (c) the person being arrested is pursued immediately after the commission of an offense
15360 or an escape.
15361 (2) (a) If a hearing-impaired person, as defined in Subsection [ 78-24a-1 ] 78B-1-201 (2),
15362 is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting
15363 officer shall assess the communicative abilities of the hearing-impaired person and conduct this
15364 notification, and any further notifications of rights, warnings, interrogations, or taking of
15365 statements, in a manner that accurately and effectively communicates with the
15366 hearing-impaired person including qualified interpreters, lip reading, pen and paper,
15367 typewriters, computers with print-out capability, and telecommunications devices for the deaf.
15368 (b) Compliance with this subsection is a factor to be considered by any court when
15369 evaluating whether statements of a hearing-impaired person were made knowingly, voluntarily,
15370 and intelligently.
15371 Section 250. Section 77-10a-5 is amended to read:
15372 77-10a-5. Grand jurors -- Qualification and selection -- Limits on disclosure.
15373 (1) Grand jurors shall meet the qualifications provided for jurors generally in Title [78]

15374 78B, Chapter [46] 1, Part 1, Jury [Selection and Service] and Witness Act. Grand jurors shall
15375 be selected from the qualified jury list as provided in Section [ 78-46-12 ] 78B-1-107 .
15376 (2) The names of grand jurors are classified as protected records under Title 63,
15377 Chapter 2, Government Records and Access Management Act.
15378 Section 251. Section 77-13-6 is amended to read:
15379 77-13-6. Withdrawal of plea.
15380 (1) A plea of not guilty may be withdrawn at any time prior to conviction.
15381