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H.B. 63
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8 LONG TITLE
9 Committee Note:
10 The Government Operations Interim Committee recommended this bill.
11 General Description:
12 This bill modifies Title 63, State Affairs in General, by recodifying and renumbering
13 the content of the title to other parts of the code.
14 Highlighted Provisions:
15 This bill:
16 . renumbers and moves almost all chapters in Title 63 to different or new titles,
17 chapters, and parts of the code;
18 . creates new titles into which many chapters of Title 63 are renumbered and moved;
19 . renumbers and moves several other chapters to related titles of the code;
20 . amends cross-references to coincide with renumbering of sections;
21 . repeals certain redundant provisions; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 3-1-6, as last amended by Laws of Utah 1994, Chapter 313
30 3-1-36, as last amended by Laws of Utah 1994, Chapters 203, and 313
31 4-1-3.5, as last amended by Laws of Utah 1997, Chapter 82
32 4-2-2, as last amended by Laws of Utah 2007, Chapter 179
33 4-2-8.5, as enacted by Laws of Utah 2006, Chapter 71
34 4-3-2, as last amended by Laws of Utah 1995, Chapter 20
35 4-3-14, as last amended by Laws of Utah 2007, Chapters 165, and 179
36 4-4-2, as last amended by Laws of Utah 1995, Chapter 20
37 4-5-9, as last amended by Laws of Utah 2004, Chapter 358
38 4-5-9.5, as enacted by Laws of Utah 2007, Chapter 334
39 4-9-2, as last amended by Laws of Utah 1995, Chapter 20
40 4-9-15, as last amended by Laws of Utah 2005, Chapter 226
41 4-10-3, as last amended by Laws of Utah 1995, Chapter 20
42 4-11-3, as last amended by Laws of Utah 1995, Chapter 20
43 4-12-3, as last amended by Laws of Utah 1995, Chapter 20
44 4-14-3, as last amended by Laws of Utah 2007, Chapters 179, and 370
45 4-14-6, as last amended by Laws of Utah 2007, Chapter 370
46 4-14-13, as enacted by Laws of Utah 2007, Chapter 370
47 4-15-3, as last amended by Laws of Utah 1995, Chapter 20
48 4-16-3, as last amended by Laws of Utah 1995, Chapter 20
49 4-18-5, as last amended by Laws of Utah 2007, Chapter 179
50 4-18-6.5, as enacted by Laws of Utah 2001, Chapter 326
51 4-20-1.5, as last amended by Laws of Utah 2007, Chapter 179
52 4-22-4.5, as last amended by Laws of Utah 1996, Chapter 79
53 4-23-5, as last amended by Laws of Utah 1995, Chapter 20
54 4-24-3, as last amended by Laws of Utah 1995, Chapter 20
55 4-25-3, as last amended by Laws of Utah 1995, Chapter 20
56 4-29-1, as last amended by Laws of Utah 1995, Chapter 20
57 4-30-3, as last amended by Laws of Utah 1995, Chapter 20
58 4-31-16.5, as last amended by Laws of Utah 2004, Chapter 325
59 4-31-21, as enacted by Laws of Utah 2000, Chapter 96
60 4-32-7, as last amended by Laws of Utah 1997, Chapter 302
61 4-33-4, as last amended by Laws of Utah 1995, Chapter 20
62 4-37-109, as last amended by Laws of Utah 2007, Chapter 191
63 4-37-201, as last amended by Laws of Utah 1995, Chapter 28
64 4-37-301, as last amended by Laws of Utah 1995, Chapter 28
65 4-37-602, as last amended by Laws of Utah 2007, Chapter 191
66 4-38-4, as last amended by Laws of Utah 1997, Chapter 135
67 4-38-6, as enacted by Laws of Utah 1992, Chapter 296
68 4-38-14, as last amended by Laws of Utah 1993, Chapter 4
69 4-39-106, as last amended by Laws of Utah 1999, Chapter 378
70 4-39-203, as enacted by Laws of Utah 1997, Chapter 302
71 4-39-502, as enacted by Laws of Utah 1997, Chapter 302
72 7-1-105, as last amended by Laws of Utah 1994, Chapter 200
73 7-1-301, as last amended by Laws of Utah 2004, Chapter 92
74 7-1-323, as last amended by Laws of Utah 2005, Chapter 25
75 7-1-324, as last amended by Laws of Utah 2004, Chapter 92
76 7-1-325, as enacted by Laws of Utah 2006, Chapter 165
77 7-1-704, as last amended by Laws of Utah 1994, Chapter 200
78 7-1-810, as last amended by Laws of Utah 2007, Chapter 277
79 7-2-9, as last amended by Laws of Utah 2004, Chapter 267
80 7-2-21, as enacted by Laws of Utah 1986, Fourth Special Session, Chapter 1
81 7-9-59, as enacted by Laws of Utah 2003, Chapter 177
82 7-23-103, as last amended by Laws of Utah 2007, Chapter 87
83 7-23-106, as last amended by Laws of Utah 2007, Chapter 87
84 7-23-108, as last amended by Laws of Utah 2007, Chapter 87
85 7-24-201, as last amended by Laws of Utah 2007, Chapter 87
86 7-24-203, as enacted by Laws of Utah 2003, Chapter 236
87 7-24-301, as last amended by Laws of Utah 2007, Chapter 87
88 7-24-303, as last amended by Laws of Utah 2007, Chapter 87
89 9-1-203, as renumbered and amended by Laws of Utah 1992, Chapter 241
90 9-1-809, as last amended by Laws of Utah 2004, Chapter 352
91 9-3-308, as last amended by Laws of Utah 1997, Chapter 10
92 9-3-410, as last amended by Laws of Utah 2003, Chapter 8
93 9-4-202, as last amended by Laws of Utah 2005, Chapter 170
94 9-4-306, as last amended by Laws of Utah 2002, Chapter 286
95 9-4-307, as last amended by Laws of Utah 2007, Chapter 303
96 9-4-509, as renumbered and amended by Laws of Utah 1992, Chapter 241
97 9-4-704, as last amended by Laws of Utah 2006, Chapter 359
98 9-4-906, as last amended by Laws of Utah 2006, Chapter 14
99 9-4-917, as last amended by Laws of Utah 2005, Chapter 102
100 9-4-1103, as last amended by Laws of Utah 2000, Chapter 231
101 9-4-1301, as last amended by Laws of Utah 2001, Chapter 273
102 9-4-1404, as last amended by Laws of Utah 2001, Chapter 162
103 9-4-1406, as enacted by Laws of Utah 2000, Chapter 286
104 9-6-205, as last amended by Laws of Utah 2005, Chapter 48
105 9-6-504, as renumbered and amended by Laws of Utah 1992, Chapter 241
106 9-6-605, as renumbered and amended by Laws of Utah 2006, Chapter 24
107 9-7-213, as last amended by Laws of Utah 2000, Chapter 136
108 9-7-302, as renumbered and amended by Laws of Utah 1992, Chapter 241
109 9-8-203, as last amended by Laws of Utah 1997, Chapters 353, and 371
110 9-8-305, as last amended by Laws of Utah 2006, Chapter 292
111 9-8-309, as enacted by Laws of Utah 2007, Chapter 231
112 9-8-405, as last amended by Laws of Utah 2004, Chapter 352
113 9-8-704, as last amended by Laws of Utah 1993, Chapter 4
114 9-9-104, as last amended by Laws of Utah 1999, Chapter 50
115 9-10-105, as last amended by Laws of Utah 2006, Chapter 14
116 9-11-102, as last amended by Laws of Utah 2004, Chapter 18
117 9-11-105, as last amended by Laws of Utah 1998, Chapter 48
118 9-11-106, as last amended by Laws of Utah 2006, Chapter 14
119 9-11-107, as last amended by Laws of Utah 2007, Chapter 104
120 9-12-103, as enacted by Laws of Utah 1998, Chapter 336
121 9-12-105, as renumbered and amended by Laws of Utah 1998, Chapter 336
122 10-1-306, as enacted by Laws of Utah 1996, Chapter 280
123 10-1-308, as enacted by Laws of Utah 1996, Chapter 280
124 10-1-405, as last amended by Laws of Utah 2007, Chapters 9, and 250
125 10-3-208, as last amended by Laws of Utah 2007, Chapter 256
126 10-3-1303, as last amended by Laws of Utah 2006, Chapter 359
127 10-3-1304, as last amended by Laws of Utah 2005, Chapter 25
128 10-3-1305, as last amended by Laws of Utah 2005, Chapter 25
129 10-7-86, as last amended by Laws of Utah 1997, Chapter 123
130 10-7-87, as last amended by Laws of Utah 2005, Chapter 25
131 10-8-2, as last amended by Laws of Utah 2007, Chapters 291, and 306
132 10-8-58.5, as last amended by Laws of Utah 2005, Chapter 102
133 10-9a-203, as last amended by Laws of Utah 2005, Chapters 169, 245 and renumbered
134 and amended by Laws of Utah 2005, Chapter 254
135 10-9a-402, as renumbered and amended by Laws of Utah 2005, Chapter 254
136 10-18-302, as last amended by Laws of Utah 2005, Chapter 105
137 11-13-222, as last amended by Laws of Utah 2005, Chapter 102
138 11-13-302, as last amended by Laws of Utah 2007, Chapter 108
139 11-13-303, as last amended by Laws of Utah 2006, Chapter 221
140 11-17-20, as enacted by Laws of Utah 2007, Chapter 167
141 11-36-201, as last amended by Laws of Utah 2007, Chapter 329
142 11-36-402, as last amended by Laws of Utah 2004, Chapter 90
143 11-37-101, as last amended by Laws of Utah 2005, Chapter 25
144 11-38-102, as last amended by Laws of Utah 2006, Chapter 278
145 11-38-303, as enacted by Laws of Utah 1999, Chapter 24
146 11-39-101, as last amended by Laws of Utah 2007, Chapter 329
147 11-39-107, as last amended by Laws of Utah 2007, Chapter 329
148 11-42-205, as enacted by Laws of Utah 2007, Chapter 329
149 12-1-10, as enacted by Laws of Utah 1999, Chapter 235
150 13-1-2, as last amended by Laws of Utah 2005, Chapter 98
151 13-1-8.5, as last amended by Laws of Utah 1989, Chapter 225
152 13-1a-5, as enacted by Laws of Utah 1990, Chapter 9
153 13-1a-6, as last amended by Laws of Utah 1997, Chapter 10
154 13-1a-7, as enacted by Laws of Utah 1990, Chapter 9
155 13-1a-9, as renumbered and amended by Laws of Utah 2001, Chapter 46
156 13-2-5, as last amended by Laws of Utah 1994, Chapter 177
157 13-2-6, as last amended by Laws of Utah 1997, Chapter 92
158 13-2-8, as last amended by Laws of Utah 2005, Chapter 18
159 13-2-9, as enacted by Laws of Utah 2005, Chapter 281
160 13-14-104, as last amended by Laws of Utah 2005, Chapter 249
161 13-14-105, as last amended by Laws of Utah 2005, Chapter 249
162 13-14-106, as last amended by Laws of Utah 2005, Chapter 249
163 13-14-107, as last amended by Laws of Utah 2005, Chapter 249
164 13-15-4, as last amended by Laws of Utah 1995, Chapter 85
165 13-15-4.5, as enacted by Laws of Utah 1995, Chapter 85
166 13-21-3, as last amended by Laws of Utah 2001, Chapter 196
167 13-22-3, as last amended by Laws of Utah 1994, Chapter 185
168 13-22-6, as last amended by Laws of Utah 2004, Chapter 55
169 13-22-8, as last amended by Laws of Utah 2004, Chapter 55
170 13-22-9, as last amended by Laws of Utah 2001, Chapter 210
171 13-22-12, as last amended by Laws of Utah 2001, Chapter 210
172 13-23-5, as last amended by Laws of Utah 2005, Chapter 18
173 13-25a-109, as last amended by Laws of Utah 2004, Chapter 263
174 13-26-3, as last amended by Laws of Utah 2005, Chapter 18
175 13-32a-106.5, as enacted by Laws of Utah 2005, Chapter 256
176 13-32a-111, as last amended by Laws of Utah 2007, Chapter 352
177 13-34-104, as last amended by Laws of Utah 2005, Chapter 242
178 13-34-107, as last amended by Laws of Utah 2005, Chapter 242
179 13-34-113, as last amended by Laws of Utah 2005, Chapter 242
180 13-35-104, as last amended by Laws of Utah 2005, Chapter 268
181 13-35-105, as last amended by Laws of Utah 2005, Chapter 268
182 13-35-106, as last amended by Laws of Utah 2005, Chapter 268
183 13-35-107, as last amended by Laws of Utah 2005, Chapter 268
184 13-39-201, as last amended by Laws of Utah 2006, Chapter 336
185 13-39-203, as last amended by Laws of Utah 2006, Chapter 336
186 13-41-102, as last amended by Laws of Utah 2006, Chapter 153
187 13-42-105, as enacted by Laws of Utah 2006, Chapter 154
188 13-42-109, as enacted by Laws of Utah 2006, Chapter 154
189 13-42-110, as enacted by Laws of Utah 2006, Chapter 154
190 13-42-111, as enacted by Laws of Utah 2006, Chapter 154
191 13-42-112, as enacted by Laws of Utah 2006, Chapter 154
192 13-42-132, as enacted by Laws of Utah 2006, Chapter 154
193 13-42-134, as enacted by Laws of Utah 2006, Chapter 154
194 13-43-203, as enacted by Laws of Utah 2006, Chapter 258
195 13-43-204, as enacted by Laws of Utah 2006, Chapter 258
196 13-43-206, as enacted by Laws of Utah 2006, Chapter 258
197 14-1-18, as last amended by Laws of Utah 2007, Chapter 329
198 15-9-103, as enacted by Laws of Utah 2001, Chapter 237
199 15-9-105, as enacted by Laws of Utah 2001, Chapter 237
200 15-9-106, as enacted by Laws of Utah 2001, Chapter 237
201 15-9-107, as enacted by Laws of Utah 2001, Chapter 237
202 15-9-109, as enacted by Laws of Utah 2001, Chapter 237
203 16-6a-107, as last amended by Laws of Utah 2002, Chapter 197
204 16-6a-111, as enacted by Laws of Utah 2000, Chapter 300
205 16-6a-1413, as enacted by Laws of Utah 2000, Chapter 300
206 16-6a-1502, as last amended by Laws of Utah 2002, Chapter 197
207 16-6a-1517, as enacted by Laws of Utah 2000, Chapter 300
208 16-7-11, as last amended by Laws of Utah 1994, Chapter 313
209 16-10a-122, as last amended by Laws of Utah 1994, Chapter 313
210 16-10a-1423, as last amended by Laws of Utah 2000, Chapter 131
211 16-12-3, as last amended by Laws of Utah 1994, Chapter 313
212 16-13-12, as last amended by Laws of Utah 1994, Chapter 313
213 16-15-105, as enacted by Laws of Utah 1995, Chapter 310
214 16-15-107, as enacted by Laws of Utah 1995, Chapter 310
215 16-15-108, as enacted by Laws of Utah 1995, Chapter 310
216 17-15-24, as last amended by Laws of Utah 2005, Chapter 25
217 17-16-21, as last amended by Laws of Utah 2001, Chapter 9 and renumbered and
218 amended by Laws of Utah 2001, Chapter 46
219 17-16a-4, as last amended by Laws of Utah 2005, Chapters 25, and 45
220 17-21-17, as last amended by Laws of Utah 2006, Chapter 38
221 17-21-19, as last amended by Laws of Utah 2002, Chapter 191
222 17-27a-203, as last amended by Laws of Utah 2005, Chapters 169, 245 and renumbered
223 and amended by Laws of Utah 2005, Chapter 254
224 17-27a-402, as renumbered and amended by Laws of Utah 2005, Chapter 254
225 17-43-202, as renumbered and amended by Laws of Utah 2003, Chapter 22
226 17-43-302, as renumbered and amended by Laws of Utah 2003, Chapter 22
227 17-50-302, as last amended by Laws of Utah 2005, Chapter 254
228 17-50-401, as last amended by Laws of Utah 2005, Chapter 228
229 17-53-225, as last amended by Laws of Utah 2004, Chapter 206
230 17-53-311, as last amended by Laws of Utah 2005, Chapter 102
231 17-53-313, as renumbered and amended by Laws of Utah 2000, Chapter 133
232 17B-1-106, as renumbered and amended by Laws of Utah 2007, Chapter 329
233 17B-1-108, as renumbered and amended by Laws of Utah 2007, Chapter 329
234 17B-2a-818, as enacted by Laws of Utah 2007, Chapter 329
235 17C-2-602, as enacted by Laws of Utah 2007, Chapter 379
236 19-1-201, as last amended by Laws of Utah 1995, Chapters 28, and 324
237 19-1-301, as enacted by Laws of Utah 1991, Chapter 112
238 19-1-305, as last amended by Laws of Utah 2007, Chapter 151
239 19-1-306, as enacted by Laws of Utah 1992, Chapter 280
240 19-1-403, as last amended by Laws of Utah 2006, Chapters 136, and 223
241 19-1-404, as last amended by Laws of Utah 2006, Chapters 136, and 223
242 19-1-405, as enacted by Laws of Utah 2006, Chapter 136
243 19-2-104, as last amended by Laws of Utah 2006, Chapter 223
244 19-2-105.3, as last amended by Laws of Utah 2005, Chapter 2
245 19-2-109.1, as last amended by Laws of Utah 1995, Chapter 28
246 19-2-109.3, as enacted by Laws of Utah 1992, Chapter 105
247 19-2-109.5, as enacted by Laws of Utah 1996, Chapter 75
248 19-2-112, as renumbered and amended by Laws of Utah 1991, Chapter 112
249 19-2-115, as last amended by Laws of Utah 2003, Chapter 138
250 19-3-104, as last amended by Laws of Utah 2007, Chapter 26
251 19-3-106.4, as enacted by Laws of Utah 2001, Chapter 314
252 19-3-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
253 19-3-111, as last amended by Laws of Utah 1991, Chapter 87 and renumbered and
254 amended by Laws of Utah 1991, Chapter 112
255 19-3-303, as last amended by Laws of Utah 2001, Chapter 107
256 19-3-308, as last amended by Laws of Utah 2001, Chapter 107
257 19-3-315, as last amended by Laws of Utah 1999, Chapter 190
258 19-4-104, as last amended by Laws of Utah 2002, Chapter 295
259 19-4-109, as last amended by Laws of Utah 1998, Chapter 174
260 19-5-104, as last amended by Laws of Utah 2006, Chapter 179
261 19-5-113, as last amended by Laws of Utah 1995, Chapter 114
262 19-5-120, as enacted by Laws of Utah 1995, Chapter 114
263 19-5-121, as enacted by Laws of Utah 2001, Chapter 274
264 19-5-122, as enacted by Laws of Utah 2001, Chapter 274
265 19-6-102.6, as last amended by Laws of Utah 1996, Chapter 134
266 19-6-105, as last amended by Laws of Utah 1992, Chapter 282
267 19-6-108.3, as enacted by Laws of Utah 2007, Chapter 72
268 19-6-303, as last amended by Laws of Utah 1992, Chapter 280
269 19-6-321, as last amended by Laws of Utah 2005, Chapter 102
270 19-6-326, as enacted by Laws of Utah 2005, Chapter 200
271 19-6-403, as last amended by Laws of Utah 1997, Chapter 172
272 19-6-405.3, as enacted by Laws of Utah 1994, Chapter 297
273 19-6-408, as last amended by Laws of Utah 1997, Chapter 172
274 19-6-410.5, as last amended by Laws of Utah 2006, Chapter 107
275 19-6-427, as last amended by Laws of Utah 2005, Chapter 102
276 19-6-704, as enacted by Laws of Utah 1993, Chapter 283
277 19-6-721, as last amended by Laws of Utah 1994, Chapter 40
278 19-6-803, as last amended by Laws of Utah 2002, Chapters 249, and 256
279 19-6-806, as renumbered and amended by Laws of Utah 2000, Chapter 51
280 19-6-818, as renumbered and amended by Laws of Utah 2000, Chapter 51
281 19-6-819, as last amended by Laws of Utah 2001, Chapter 165
282 19-6-821, as last amended by Laws of Utah 2002, Chapter 256
283 19-6-906, as enacted by Laws of Utah 2004, Chapter 249
284 19-6-1003, as enacted by Laws of Utah 2006, Chapter 187
285 19-7-103, as enacted by Laws of Utah 1995, Chapter 304
286 19-7-104, as last amended by Laws of Utah 1997, Chapter 387
287 19-8-112, as enacted by Laws of Utah 1997, Chapter 247
288 19-8-117, as enacted by Laws of Utah 1997, Chapter 247
289 19-8-120, as enacted by Laws of Utah 2005, Chapter 200
290 19-9-105, as renumbered and amended by Laws of Utah 2003, Chapter 184
291 19-10-108, as enacted by Laws of Utah 2003, Chapter 44
292 20A-1-204, as last amended by Laws of Utah 2004, Chapter 371
293 20A-2-104, as last amended by Laws of Utah 2007, Chapter 75
294 20A-3-304.1, as last amended by Laws of Utah 2006, Chapter 264
295 20A-3-408.5, as enacted by Laws of Utah 2006, Chapter 273
296 20A-9-206, as enacted by Laws of Utah 2006, Chapter 226
297 20A-12-104, as last amended by Laws of Utah 2006, Chapter 14
298 23-14-2.1, as enacted by Laws of Utah 1987, Chapter 161
299 23-14-18, as last amended by Laws of Utah 2001, Chapter 22
300 23-14-21, as last amended by Laws of Utah 2003, Chapters 16, and 128
301 23-16-3.2, as enacted by Laws of Utah 2003, Chapter 228
302 23-16-4, as last amended by Laws of Utah 2003, Chapter 228
303 23-19-9, as last amended by Laws of Utah 2007, Chapter 136
304 23-19-38.2, as last amended by Laws of Utah 2007, Chapter 187
305 23-21-2.3, as last amended by Laws of Utah 2003, Chapter 16
306 23-24-1, as last amended by Laws of Utah 2006, Chapter 140
307 24-1-19, as enacted by Laws of Utah 2004, Chapter 296
308 26-1-4.1, as enacted by Laws of Utah 1987, Chapter 161
309 26-1-5, as last amended by Laws of Utah 2001, Chapter 138
310 26-1-6, as last amended by Laws of Utah 2001, Chapter 49
311 26-1-7.1, as enacted by Laws of Utah 1987, Chapter 161
312 26-1-17.5, as last amended by Laws of Utah 1994, Chapter 312
313 26-1-21, as last amended by Laws of Utah 1990, Chapter 93
314 26-2-22, as last amended by Laws of Utah 2006, Chapters 55, and 56
315 26-6b-1, as last amended by Laws of Utah 2006, Chapter 185
316 26-8a-104, as enacted by Laws of Utah 1999, Chapter 141
317 26-8a-105, as enacted by Laws of Utah 1999, Chapter 141
318 26-8a-207, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 17
319 26-8a-310, as last amended by Laws of Utah 2007, Chapter 43
320 26-8a-404, as last amended by Laws of Utah 2003, Chapter 213
321 26-8a-405.3, as enacted by Laws of Utah 2005, Chapter 205
322 26-8a-407, as enacted by Laws of Utah 1999, Chapter 141
323 26-8a-414, as last amended by Laws of Utah 2004, Chapter 350
324 26-8a-503, as enacted by Laws of Utah 1999, Chapter 141
325 26-8a-504, as enacted by Laws of Utah 1999, Chapter 141
326 26-15a-102, as last amended by Laws of Utah 2005, Chapter 192
327 26-15a-104, as last amended by Laws of Utah 2005, Chapter 192
328 26-15a-105, as last amended by Laws of Utah 2005, Chapter 192
329 26-18-3, as last amended by Laws of Utah 2006, Chapter 116
330 26-18-103, as enacted by Laws of Utah 1992, Chapter 273
331 26-18-104, as enacted by Laws of Utah 1992, Chapter 273
332 26-18-304, as enacted by Laws of Utah 1993, Chapter 255
333 26-18-504, as last amended by Laws of Utah 2006, Chapter 170
334 26-18a-4, as last amended by Laws of Utah 1997, Chapter 1
335 26-21-5, as last amended by Laws of Utah 1997, Chapter 209
336 26-21-9.5, as last amended by Laws of Utah 2007, Chapter 43
337 26-21-23, as enacted by Laws of Utah 2007, Chapter 24
338 26-21a-203, as last amended by Laws of Utah 2001, Chapter 286
339 26-21a-205, as last amended by Laws of Utah 1995, Chapter 28
340 26-23-2, as last amended by Laws of Utah 1988, Chapter 72
341 26-23b-110, as last amended by Laws of Utah 2007, Chapter 66
342 26-25-2, as last amended by Laws of Utah 2003, Chapter 242
343 26-33a-104, as last amended by Laws of Utah 2007, Chapter 29
344 26-35a-106, as enacted by Laws of Utah 2004, Chapter 284
345 26-38-9, as enacted by Laws of Utah 1994, Chapter 281
346 26-39-108, as enacted by Laws of Utah 1997, Chapter 196
347 26-39-109, as last amended by Laws of Utah 2006, Chapter 37
348 26-40-103, as last amended by Laws of Utah 2003, Chapter 16
349 26-40-110, as last amended by Laws of Utah 2001, Chapter 53
350 26-41-104, as last amended by Laws of Utah 2007, Chapter 37
351 26-42-104, as enacted by Laws of Utah 1998, Chapter 319
352 26-43-103, as enacted by Laws of Utah 1998, Chapter 73
353 26-46-102, as enacted by Laws of Utah 2002, Chapter 307
354 26-47-103, as enacted by Laws of Utah 2005, Chapter 273
355 26-48-102, as enacted by Laws of Utah 2006, Chapter 280
356 26A-1-108.7, as last amended by Laws of Utah 2005, Chapter 25
357 30-2-11, as last amended by Laws of Utah 2005, Chapter 102
358 30-3-11.3, as last amended by Laws of Utah 2006, Chapter 173
359 30-3-11.4, as enacted by Laws of Utah 2007, Chapter 301
360 30-3-38, as last amended by Laws of Utah 2004, Chapter 352
361 31A-1-103, as last amended by Laws of Utah 2005, Chapter 102
362 31A-1-301, as last amended by Laws of Utah 2007, Chapter 307
363 31A-2-201, as last amended by Laws of Utah 2005, Chapter 123
364 31A-2-201.1, as enacted by Laws of Utah 2000, Chapter 114
365 31A-2-203, as last amended by Laws of Utah 2007, Chapter 309
366 31A-2-203.5, as enacted by Laws of Utah 1987, Chapter 161
367 31A-2-204, as last amended by Laws of Utah 2007, Chapter 309
368 31A-2-207, as last amended by Laws of Utah 2007, Chapter 309
369 31A-2-209, as last amended by Laws of Utah 1991, Chapter 259
370 31A-2-217, as last amended by Laws of Utah 2002, Chapter 65
371 31A-2-302, as last amended by Laws of Utah 1991, Chapter 5
372 31A-2-306.5, as enacted by Laws of Utah 2003, Chapter 252
373 31A-2-404, as last amended by Laws of Utah 2007, Chapter 325
374 31A-3-101, as last amended by Laws of Utah 2005, Chapter 124
375 31A-3-103, as last amended by Laws of Utah 2006, Chapter 117
376 31A-3-304, as last amended by Laws of Utah 2006, Chapter 320
377 31A-4-103, as last amended by Laws of Utah 2003, Chapter 252
378 31A-5-204, as last amended by Laws of Utah 1996, Second Special Session, Chapter 9
379 31A-6a-110, as last amended by Laws of Utah 2001, Chapter 116
380 31A-8a-203, as enacted by Laws of Utah 2005, Chapter 58
381 31A-8a-210, as enacted by Laws of Utah 2005, Chapter 58
382 31A-12-107, as last amended by Laws of Utah 2004, Chapter 267
383 31A-14-217, as last amended by Laws of Utah 2007, Chapter 309
384 31A-17-503, as enacted by Laws of Utah 1993, Chapter 305
385 31A-19a-211 (Superseded 07/01/08), as renumbered and amended by Laws of Utah
386 1999, Chapter 130
387 31A-19a-211 (Effective 07/01/08), as last amended by Laws of Utah 2007, Chapter
388 338
389 31A-19a-304, as renumbered and amended by Laws of Utah 1999, Chapter 130
390 31A-21-109, as last amended by Laws of Utah 2004, Chapter 92
391 31A-22-315, as last amended by Laws of Utah 2007, Chapter 262
392 31A-22-320, as enacted by Laws of Utah 2002, Chapter 221
393 31A-22-403, as last amended by Laws of Utah 2003, Chapter 252
394 31A-22-409, as last amended by Laws of Utah 2005, Chapter 125
395 31A-22-425, as last amended by Laws of Utah 2006, Chapter 175
396 31A-22-614.5, as enacted by Laws of Utah 1993, Chapter 255
397 31A-22-625, as last amended by Laws of Utah 2002, Chapter 308
398 31A-22-1308, as enacted by Laws of Utah 2004, Chapter 266
399 31A-23a-104, as last amended by Laws of Utah 2007, Chapter 307
400 31A-23a-111, as last amended by Laws of Utah 2006, Chapter 312
401 31A-23a-112, as last amended by Laws of Utah 2006, Chapter 312
402 31A-23a-115, as last amended by Laws of Utah 2005, Chapter 219
403 31A-23a-202, as last amended by Laws of Utah 2006, Chapter 125
404 31A-23a-302, as last amended by Laws of Utah 2004, Chapter 173
405 31A-23a-402, as last amended by Laws of Utah 2007, Chapters 307, and 325
406 31A-23a-417, as renumbered and amended by Laws of Utah 2003, Chapter 298
407 31A-23a-809, as renumbered and amended by Laws of Utah 2003, Chapter 298
408 31A-25-202, as last amended by Laws of Utah 2007, Chapter 307
409 31A-25-208, as last amended by Laws of Utah 2006, Chapter 312
410 31A-25-209, as last amended by Laws of Utah 2006, Chapter 312
411 31A-26-202, as last amended by Laws of Utah 2007, Chapter 307
412 31A-26-206, as last amended by Laws of Utah 2006, Chapter 125
413 31A-26-213, as last amended by Laws of Utah 2006, Chapter 312
414 31A-26-214, as last amended by Laws of Utah 2006, Chapter 312
415 31A-27a-102, as enacted by Laws of Utah 2007, Chapter 309
416 31A-27a-116, as enacted by Laws of Utah 2007, Chapter 309
417 31A-27a-117, as enacted by Laws of Utah 2007, Chapter 309
418 31A-27a-514, as enacted by Laws of Utah 2007, Chapter 309
419 31A-27a-515, as enacted by Laws of Utah 2007, Chapter 309
420 31A-27a-804, as enacted by Laws of Utah 2007, Chapter 309
421 31A-29-106, as last amended by Laws of Utah 2004, Chapter 329
422 31A-29-110, as last amended by Laws of Utah 2007, Chapter 40
423 31A-29-111, as last amended by Laws of Utah 2007, Chapter 40
424 31A-29-116, as enacted by Laws of Utah 1990, Chapter 232
425 31A-30-106, as last amended by Laws of Utah 2004, Chapter 108
426 31A-30-106.7, as last amended by Laws of Utah 2002, Chapter 308
427 31A-31-104, as last amended by Laws of Utah 2002, Chapter 97
428 31A-31-106, as last amended by Laws of Utah 1995, Chapter 20
429 31A-31-108, as last amended by Laws of Utah 2004, Chapter 104
430 31A-33-104, as last amended by Laws of Utah 2006, Chapter 14
431 31A-33-107, as last amended by Laws of Utah 2007, Chapter 74
432 31A-34-104, as enacted by Laws of Utah 1996, Chapter 143
433 31A-35-301, as last amended by Laws of Utah 2003, Chapter 298
434 31A-35-401, as last amended by Laws of Utah 2003, Chapter 298
435 31A-35-405, as last amended by Laws of Utah 2000, Chapter 259
436 31A-35-406, as last amended by Laws of Utah 2000, Chapter 259
437 31A-35-502, as last amended by Laws of Utah 2003, Chapter 298
438 31A-36-104, as last amended by Laws of Utah 2007, Chapter 307
439 31A-36-115, as enacted by Laws of Utah 2003, Chapter 81
440 31A-36-117, as last amended by Laws of Utah 2007, Chapter 307
441 31A-36-119, as last amended by Laws of Utah 2007, Chapter 307
442 31A-37-106, as last amended by Laws of Utah 2004, Chapter 312
443 31A-37-202, as last amended by Laws of Utah 2004, Chapter 312
444 31A-37-503, as enacted by Laws of Utah 2003, Chapter 251
445 31A-37-602, as enacted by Laws of Utah 2004, Chapter 312
446 32A-1-115, as last amended by Laws of Utah 2007, Chapter 58
447 32A-1-118, as last amended by Laws of Utah 2005, Chapter 102
448 32A-1-119, as last amended by Laws of Utah 2007, Chapter 284
449 32A-1-120, as last amended by Laws of Utah 2007, Chapter 284
450 32A-1-603, as enacted by Laws of Utah 2007, Chapter 284
451 32A-4-103, as last amended by Laws of Utah 2003, Chapter 314
452 32A-4-203, as last amended by Laws of Utah 2003, Chapter 314
453 32A-4-304, as enacted by Laws of Utah 2003, Chapter 314
454 32A-4-403, as enacted by Laws of Utah 2003, Chapter 314
455 32A-4-406, as last amended by Laws of Utah 2007, Chapters 284, and 341
456 32A-5-103, as last amended by Laws of Utah 2003, Chapter 314
457 32A-6-103, as last amended by Laws of Utah 2003, Chapter 314
458 32A-7-103, as last amended by Laws of Utah 2003, Chapter 314
459 32A-8-103, as last amended by Laws of Utah 2003, Chapter 314
460 32A-8-503, as last amended by Laws of Utah 2004, Chapter 268
461 32A-9-103, as last amended by Laws of Utah 2003, Chapter 314
462 32A-10-203, as last amended by Laws of Utah 2003, Chapter 314
463 32A-10-303, as enacted by Laws of Utah 2003, Chapter 314
464 32A-11-103, as last amended by Laws of Utah 2003, Chapter 314
465 32A-15a-103, as enacted by Laws of Utah 2003, Chapter 314
466 32A-15a-201, as enacted by Laws of Utah 2003, Chapter 314
467 34-20-10, as last amended by Laws of Utah 1997, Chapter 375
468 34-23-104, as last amended by Laws of Utah 1997, Chapter 375
469 34-23-401, as last amended by Laws of Utah 1996, Chapter 240
470 34-28-19, as last amended by Laws of Utah 2003, Chapter 174
471 34-40-104, as last amended by Laws of Utah 2003, Chapter 151
472 34-40-105, as last amended by Laws of Utah 1997, Chapter 375
473 34-40-202, as last amended by Laws of Utah 1996, Chapter 240
474 34-41-103, as last amended by Laws of Utah 1996, Chapter 197
475 34A-1-104, as enacted by Laws of Utah 1997, Chapter 375
476 34A-1-106, as enacted by Laws of Utah 1997, Chapter 375
477 34A-1-302, as enacted by Laws of Utah 1997, Chapter 375
478 34A-1-303, as last amended by Laws of Utah 2003, Chapter 28
479 34A-1-304, as enacted by Laws of Utah 1997, Chapter 375
480 34A-1-307, as renumbered and amended by Laws of Utah 1997, Chapter 375
481 34A-1-309, as last amended by Laws of Utah 2001, Chapter 9
482 34A-1-402, as renumbered and amended by Laws of Utah 1997, Chapter 375
483 34A-2-111, as last amended by Laws of Utah 2006, Chapter 295
484 34A-2-203, as last amended by Laws of Utah 2006, Chapter 275
485 34A-2-205, as last amended by Laws of Utah 2000, Chapter 232
486 34A-2-211, as last amended by Laws of Utah 2000, Chapter 222
487 34A-2-407, as last amended by Laws of Utah 2006, Chapter 295
488 34A-2-704, as last amended by Laws of Utah 2004, Chapter 275
489 34A-2-801, as last amended by Laws of Utah 2006, Chapter 295
490 34A-5-102, as last amended by Laws of Utah 2001, Chapter 73
491 34A-5-107, as last amended by Laws of Utah 2003, Chapter 65
492 34A-5-108, as last amended by Laws of Utah 2003, Chapter 65
493 34A-6-103, as renumbered and amended by Laws of Utah 1997, Chapter 375
494 34A-6-105, as renumbered and amended by Laws of Utah 1997, Chapter 375
495 34A-6-202, as last amended by Laws of Utah 1997, Chapter 10 and renumbered and
496 amended by Laws of Utah 1997, Chapter 375
497 34A-6-301, as last amended by Laws of Utah 2007, Chapter 153
498 34A-6-304, as renumbered and amended by Laws of Utah 1997, Chapter 375
499 34A-6-307, as renumbered and amended by Laws of Utah 1997, Chapter 375
500 34A-7-104, as renumbered and amended by Laws of Utah 1997, Chapter 375
501 34A-7-203, as enacted by Laws of Utah 1999, Chapter 53
502 34A-8-111, as renumbered and amended by Laws of Utah 1997, Chapter 375
503 34A-8-112, as renumbered and amended by Laws of Utah 1997, Chapter 375
504 35A-1-104, as last amended by Laws of Utah 2002, Chapter 58
505 35A-1-106, as enacted by Laws of Utah 1996, Chapter 240
506 35A-1-301, as last amended by Laws of Utah 1997, Chapter 375
507 35A-1-303, as enacted by Laws of Utah 1996, Chapter 240
508 35A-3-105, as renumbered and amended by Laws of Utah 1997, Chapter 174
509 35A-3-111, as last amended by Laws of Utah 2003, Chapter 90
510 35A-3-207, as last amended by Laws of Utah 1998, Chapter 13
511 35A-3-302, as last amended by Laws of Utah 2004, Chapter 29
512 35A-3-310, as last amended by Laws of Utah 2004, Chapter 29
513 35A-3-602, as renumbered and amended by Laws of Utah 2003, Chapter 90
514 35A-3-604, as renumbered and amended by Laws of Utah 2003, Chapter 90
515 35A-4-202, as last amended by Laws of Utah 2006, Chapter 22
516 35A-4-304, as repealed and reenacted by Laws of Utah 2005, Chapter 12
517 35A-4-312, as last amended by Laws of Utah 2005, Chapters 81, and 148
518 35A-4-401, as last amended by Laws of Utah 2007, Chapter 263
519 35A-4-502, as last amended by Laws of Utah 2002, Chapter 250
520 35A-4-503, as renumbered and amended by Laws of Utah 1996, Chapter 240
521 35A-5-102, as last amended by Laws of Utah 2005, Chapter 81
522 35A-5-202, as renumbered and amended by Laws of Utah 1997, Chapter 375
523 35A-7-106, as enacted by Laws of Utah 1997, Chapter 232
524 35A-7-107, as enacted by Laws of Utah 1997, Chapter 232
525 36-11-102, as last amended by Laws of Utah 2007, Chapter 233
526 36-11-103, as last amended by Laws of Utah 2003, Chapter 27
527 36-11-404, as enacted by Laws of Utah 1991, Chapter 280
528 36-12-13, as last amended by Laws of Utah 2007, Chapters 41, and 329
529 36-12-15, as last amended by Laws of Utah 2005, Chapter 84
530 36-23-106, as last amended by Laws of Utah 2007, Chapter 137
531 38-1-11, as last amended by Laws of Utah 2007, Chapter 332
532 38-1-27, as last amended by Laws of Utah 2007, Chapter 306
533 38-1-28, as last amended by Laws of Utah 2005, Chapter 140
534 38-1-30, as last amended by Laws of Utah 2006, Chapter 297
535 38-1-31, as last amended by Laws of Utah 2007, Chapter 332
536 38-1-39, as last amended by Laws of Utah 2007, Chapter 226
537 38-11-105, as last amended by Laws of Utah 2004, Chapter 42
538 38-11-108, as last amended by Laws of Utah 1996, Chapter 79
539 38-11-110, as enacted by Laws of Utah 2004, Chapter 42
540 38-11-201, as last amended by Laws of Utah 2002, Chapter 256
541 38-11-202, as last amended by Laws of Utah 2004, Chapter 42
542 38-11-204, as last amended by Laws of Utah 2007, Chapter 332
543 38-11-206, as last amended by Laws of Utah 1995, Chapters 28, and 172
544 38-11-207, as last amended by Laws of Utah 2001, Chapter 198
545 38-11-301, as last amended by Laws of Utah 2001, Chapter 198
546 38-11-302, as last amended by Laws of Utah 1995, Chapters 20, and 172
547 39-5-2, as last amended by Laws of Utah 1997, Chapter 211
548 39-7-119, as enacted by Laws of Utah 1997, Chapter 306
549 40-2-1.1, as last amended by Laws of Utah 1997, Chapter 375
550 40-2-15, as last amended by Laws of Utah 2007, Chapter 222
551 40-2-16, as last amended by Laws of Utah 2006, Chapter 5
552 40-6-10, as last amended by Laws of Utah 1987, Chapter 161
553 40-6-14.5, as last amended by Laws of Utah 2003, Chapter 88
554 40-8-4, as last amended by Laws of Utah 2002, Chapter 194
555 40-8-6, as last amended by Laws of Utah 1987, Chapter 161
556 40-8-7, as last amended by Laws of Utah 2003, Chapter 35
557 40-10-6, as last amended by Laws of Utah 1989, Chapter 22
558 40-10-6.5, as last amended by Laws of Utah 1994, Chapter 219
559 40-10-6.7, as enacted by Laws of Utah 1994, Chapter 219
560 40-10-13, as last amended by Laws of Utah 1997, Chapter 99
561 40-10-14, as last amended by Laws of Utah 1994, Chapter 219
562 40-10-16, as last amended by Laws of Utah 1994, Chapter 219
563 40-10-21, as last amended by Laws of Utah 2005, Chapter 102
564 40-10-30, as last amended by Laws of Utah 1994, Chapter 219
565 41-1a-115, as last amended by Laws of Utah 1994, Chapter 313
566 41-1a-116, as last amended by Laws of Utah 2004, Chapter 332
567 41-1a-117, as renumbered and amended by Laws of Utah 1992, Chapter 1
568 41-1a-119, as renumbered and amended by Laws of Utah 1992, Chapter 1
569 41-1a-231, as enacted by Laws of Utah 2000, Chapter 244
570 41-1a-301, as last amended by Laws of Utah 2003, Chapter 268
571 41-1a-407, as last amended by Laws of Utah 2007, Chapter 52
572 41-1a-416, as last amended by Laws of Utah 2001, Chapter 34
573 41-1a-418, as last amended by Laws of Utah 2007, Chapters 173, 217, and 325
574 41-1a-419, as last amended by Laws of Utah 2007, Chapter 376
575 41-1a-420, as last amended by Laws of Utah 2005, Chapter 207
576 41-1a-422, as last amended by Laws of Utah 2007, Chapters 173, 179, and 325
577 41-1a-522, as last amended by Laws of Utah 1994, Chapter 175
578 41-1a-712, as enacted by Laws of Utah 2003, Chapter 250
579 41-1a-1007, as last amended by Laws of Utah 1995, Chapter 28
580 41-1a-1010, as last amended by Laws of Utah 1995, Chapter 28
581 41-1a-1101, as last amended by Laws of Utah 2005, Chapters 2, and 56
582 41-1a-1211, as last amended by Laws of Utah 2007, Chapter 274
583 41-1a-1212, as last amended by Laws of Utah 1995, Chapter 28
584 41-1a-1221, as last amended by Laws of Utah 2007, Chapter 281
585 41-3-105, as last amended by Laws of Utah 2005, Chapter 57
586 41-3-109, as last amended by Laws of Utah 1992, Chapter 1 and renumbered and
587 amended by Laws of Utah 1992, Chapter 234
588 41-3-202, as last amended by Laws of Utah 2003, Chapter 157
589 41-3-209, as last amended by Laws of Utah 2005, Chapter 144
590 41-3-301, as last amended by Laws of Utah 2006, Chapter 252
591 41-3-302, as last amended by Laws of Utah 2006, Chapter 252
592 41-3-304, as last amended by Laws of Utah 2001, First Special Session, Chapter 12
593 41-3-306, as enacted by Laws of Utah 2001, First Special Session, Chapter 12
594 41-3-601, as last amended by Laws of Utah 2007, Chapter 185
595 41-3-604, as last amended by Laws of Utah 2007, Chapter 281
596 41-6a-212, as last amended by Laws of Utah 2007, Chapter 52
597 41-6a-301, as renumbered and amended by Laws of Utah 2005, Chapter 2
598 41-6a-303, as renumbered and amended by Laws of Utah 2005, Chapter 2
599 41-6a-403 (Superseded 07/01/08), as renumbered and amended by Laws of Utah 2005,
600 Chapter 2
601 41-6a-403 (Effective 07/01/08), as last amended by Laws of Utah 2007, Chapter 338
602 41-6a-404, as last amended by Laws of Utah 2007, Chapter 312
603 41-6a-514, as renumbered and amended by Laws of Utah 2005, Chapter 2
604 41-6a-518, as last amended by Laws of Utah 2006, Chapter 341
605 41-6a-702, as last amended by Laws of Utah 2005, Chapter 108 and renumbered and
606 amended by Laws of Utah 2005, Chapter 2
607 41-6a-1304, as renumbered and amended by Laws of Utah 2005, Chapter 2
608 41-6a-1307, as renumbered and amended by Laws of Utah 2005, Chapter 2
609 41-6a-1406, as last amended by Laws of Utah 2005, Chapter 56 and renumbered and
610 amended by Laws of Utah 2005, Chapter 2
611 41-6a-1601, as renumbered and amended by Laws of Utah 2005, Chapter 2
612 41-6a-1617, as renumbered and amended by Laws of Utah 2005, Chapter 2
613 41-6a-1636, as renumbered and amended by Laws of Utah 2005, Chapter 2
614 41-6a-1639, as renumbered and amended by Laws of Utah 2005, Chapter 2
615 41-12a-201, as last amended by Laws of Utah 1987, Chapter 161
616 41-12a-202, as last amended by Laws of Utah 2005, Chapter 2
617 41-12a-407, as last amended by Laws of Utah 2005, Chapter 102
618 41-12a-803, as last amended by Laws of Utah 2007, Chapter 262
619 41-12a-805, as last amended by Laws of Utah 2003, Chapter 32
620 41-22-5.1, as last amended by Laws of Utah 2006, Chapter 160
621 41-22-10.7, as last amended by Laws of Utah 2002, Chapter 148
622 41-22-19.5, as enacted by Laws of Utah 2007, Chapter 299
623 41-22-29, as last amended by Laws of Utah 2007, Chapter 306
624 41-22-31, as last amended by Laws of Utah 2005, Chapter 102
625 41-22-35, as last amended by Laws of Utah 2004, Chapter 314
626 41-22-36, as last amended by Laws of Utah 2007, Chapter 281
627 42-2-10, as last amended by Laws of Utah 1994, Chapter 313
628 42-3-2, as last amended by Laws of Utah 1997, Chapter 82
629 42-3-4, as last amended by Laws of Utah 1997, Chapter 82
630 46-1-3, as last amended by Laws of Utah 2003, Chapter 136
631 46-4-501, as last amended by Laws of Utah 2005, Chapter 169
632 46-4-503, as last amended by Laws of Utah 2005, Chapters 148, and 169
633 48-1-42, as last amended by Laws of Utah 2005, Chapter 71
634 48-2a-203.5, as last amended by Laws of Utah 2000, Chapter 131
635 48-2a-206, as last amended by Laws of Utah 1995, Chapter 28
636 48-2a-1107, as last amended by Laws of Utah 1995, Chapter 28
637 48-2c-214, as enacted by Laws of Utah 2001, Chapter 260
638 48-2c-1209, as enacted by Laws of Utah 2001, Chapter 260
639 49-11-613, as last amended by Laws of Utah 2007, Chapter 130
640 49-14-201, as last amended by Laws of Utah 2006, Chapter 139
641 49-15-201, as last amended by Laws of Utah 2006, Chapter 139
642 51-2a-301, as enacted by Laws of Utah 2004, Chapter 206
643 51-5-7, as last amended by Laws of Utah 2002, Chapter 256
644 52-4-203, as last amended by Laws of Utah 2007, Chapters 35, 204, and 329
645 52-4-206, as last amended by Laws of Utah 2006, Chapter 263 and renumbered and
646 amended by Laws of Utah 2006, Chapter 14
647 52-4-304, as renumbered and amended by Laws of Utah 2006, Chapter 14
648 53-1-105, as last amended by Laws of Utah 2006, Chapter 14
649 53-1-106, as last amended by Laws of Utah 2007, Chapter 60
650 53-1-108, as last amended by Laws of Utah 2005, Chapter 2
651 53-1-110, as last amended by Laws of Utah 1995, Chapter 28
652 53-1-117, as last amended by Laws of Utah 2000, Chapter 334
653 53-2-102, as last amended by Laws of Utah 2007, Chapter 66
654 53-2-102.5, as last amended by Laws of Utah 2007, Chapters 245, and 328
655 53-2-104, as last amended by Laws of Utah 2007, Chapter 328
656 53-2-105, as renumbered and amended by Laws of Utah 1993, Chapter 234
657 53-2-106, as renumbered and amended by Laws of Utah 1993, Chapter 234
658 53-2-107, as last amended by Laws of Utah 2005, Chapter 71
659 53-2-110, as enacted by Laws of Utah 2005, Chapter 214
660 53-2-402, as enacted by Laws of Utah 2007, Chapter 328
661 53-2-403, as enacted by Laws of Utah 2007, Chapter 328
662 53-2-404, as enacted by Laws of Utah 2007, Chapter 328
663 53-2-509, as enacted by Laws of Utah 2007, Chapter 331
664 53-3-104, as last amended by Laws of Utah 2006, Chapter 201
665 53-3-106, as last amended by Laws of Utah 2007, Chapter 261
666 53-3-109, as last amended by Laws of Utah 2006, Chapters 230, and 298
667 53-3-205, as last amended by Laws of Utah 2007, Chapters 60, and 173
668 53-3-221 (Superseded 07/01/08), as last amended by Laws of Utah 2007, Chapter 53
669 53-3-221 (Effective 07/01/08), as last amended by Laws of Utah 2007, Chapters 53,
670 and 338
671 53-3-221.5 (Effective 07/01/08), as enacted by Laws of Utah 2007, Chapter 338
672 53-3-303.5, as last amended by Laws of Utah 2001, Chapters 31, and 85
673 53-3-304, as renumbered and amended by Laws of Utah 1993, Chapter 234
674 53-3-505, as last amended by Laws of Utah 2003, Chapter 121
675 53-3-506, as last amended by Laws of Utah 2006, Chapter 266
676 53-3-510, as enacted by Laws of Utah 2000, Chapter 239
677 53-3-805, as last amended by Laws of Utah 2007, Chapters 60, and 173
678 53-3-903, as last amended by Laws of Utah 1994, Chapter 12
679 53-5-704, as last amended by Laws of Utah 2006, Chapter 144
680 53-5-705, as last amended by Laws of Utah 2005, Chapter 282
681 53-5-708, as last amended by Laws of Utah 2002, Chapter 97
682 53-6-105, as last amended by Laws of Utah 1995, Chapter 134
683 53-6-213, as last amended by Laws of Utah 2002, Chapter 256
684 53-7-204, as last amended by Laws of Utah 2007, Chapter 96
685 53-7-204.2, as last amended by Laws of Utah 2003, Chapter 252
686 53-7-216, as last amended by Laws of Utah 1995, Chapter 28
687 53-7-225.5, as enacted by Laws of Utah 2003, Chapter 103
688 53-7-225.6, as enacted by Laws of Utah 2006, Chapter 318
689 53-7-314, as last amended by Laws of Utah 1995, Chapter 28
690 53-7-407 (Effective 07/01/08), as enacted by Laws of Utah 2007, Chapter 362
691 53-8-204, as last amended by Laws of Utah 2002, Chapter 143
692 53-8-211, as last amended by Laws of Utah 1999, Chapter 91
693 53-9-103, as last amended by Laws of Utah 2007, Chapter 290
694 53-9-108, as last amended by Laws of Utah 2007, Chapter 290
695 53-9-113, as last amended by Laws of Utah 1998, Chapter 212
696 53-9-115, as last amended by Laws of Utah 1998, Chapter 212
697 53-9-118, as last amended by Laws of Utah 1998, Chapters 212, and 282
698 53-10-108, as last amended by Laws of Utah 2004, Chapter 122
699 53-10-406, as last amended by Laws of Utah 2003, Chapter 120
700 53-10-602, as enacted by Laws of Utah 2004, Chapter 313
701 53-11-103, as enacted by Laws of Utah 1998, Chapter 257
702 53-11-118, as enacted by Laws of Utah 1998, Chapter 257
703 53-11-119, as last amended by Laws of Utah 1999, Chapter 21
704 53-13-106, as last amended by Laws of Utah 2004, Chapters 156, and 208
705 53A-1-402.5, as enacted by Laws of Utah 2000, Chapter 276
706 53A-1-408, as enacted by Laws of Utah 2002, Chapter 259
707 53A-1-611, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 7
708 53A-1-612, as last amended by Laws of Utah 2007, Chapter 244
709 53A-1-706, as last amended by Laws of Utah 2007, Chapter 306
710 53A-1a-508, as last amended by Laws of Utah 2007, Chapter 344
711 53A-1a-509, as last amended by Laws of Utah 2005, Chapter 291
712 53A-1a-510, as last amended by Laws of Utah 2007, Chapter 344
713 53A-1a-511, as last amended by Laws of Utah 2007, Chapter 349
714 53A-1a-513, as last amended by Laws of Utah 2005, Chapters 9, and 291
715 53A-1a-601, as last amended by Laws of Utah 2007, Chapter 115
716 53A-1a-602, as last amended by Laws of Utah 2007, Chapter 115
717 53A-1a-707, as enacted by Laws of Utah 2005, Chapter 35
718 53A-1a-808, as enacted by Laws of Utah 2007, Chapter 30
719 53A-1a-902, as enacted by Laws of Utah 2007, Chapter 386
720 53A-2-123, as last amended by Laws of Utah 2007, Chapter 329
721 53A-2-206, as last amended by Laws of Utah 2007, Chapter 372
722 53A-3-303, as enacted by Laws of Utah 1988, Chapter 2
723 53A-3-402.11, as last amended by Laws of Utah 2002, Chapter 210
724 53A-3-424, as last amended by Laws of Utah 2002, Chapter 210
725 53A-3-702, as enacted by Laws of Utah 2004, Chapter 328
726 53A-6-103, as last amended by Laws of Utah 2004, Chapter 19
727 53A-6-105, as last amended by Laws of Utah 2004, Chapter 19
728 53A-6-112, as enacted by Laws of Utah 2006, Chapter 149
729 53A-6-503, as enacted by Laws of Utah 2000, Chapter 226
730 53A-11-102.5, as last amended by Laws of Utah 2007, Chapter 81
731 53A-12-103, as last amended by Laws of Utah 2005, Chapter 119
732 53A-13-101.6, as last amended by Laws of Utah 2003, Chapter 57
733 53A-13-106, as last amended by Laws of Utah 1998, Chapters 278, and 282
734 53A-13-201, as last amended by Laws of Utah 2006, Chapter 201
735 53A-13-208, as last amended by Laws of Utah 2006, Chapter 201
736 53A-13-209, as enacted by Laws of Utah 2003, Chapter 23
737 53A-15-101.5, as enacted by Laws of Utah 2001, Chapter 99
738 53A-15-104, as enacted by Laws of Utah 2007, Chapter 221
739 53A-16-101.5, as last amended by Laws of Utah 2005, Chapter 166
740 53A-17a-105, as last amended by Laws of Utah 1994, Chapter 268
741 53A-17a-107, as last amended by Laws of Utah 2007, Chapter 306
742 53A-17a-111, as last amended by Laws of Utah 2003, Chapter 320
743 53A-17a-120, as last amended by Laws of Utah 2007, Chapter 368
744 53A-17a-121, as last amended by Laws of Utah 2003, Chapter 320
745 53A-17a-131.9, as last amended by Laws of Utah 2002, Chapters 258, and 279
746 53A-17a-131.15, as last amended by Laws of Utah 2003, Chapter 320
747 53A-17a-131.17, as last amended by Laws of Utah 2005, Chapter 166
748 53A-17a-153, as enacted by Laws of Utah 2007, Chapter 380
749 53A-19-105, as last amended by Laws of Utah 2003, Chapter 122
750 53A-20-101, as last amended by Laws of Utah 2005, Chapter 25
751 53A-20c-102, as enacted by Laws of Utah 2007, Chapter 335
752 53A-21-103, as last amended by Laws of Utah 2003, Chapter 320
753 53A-21-103.5, as last amended by Laws of Utah 2005, Chapters 171, and 184
754 53A-24-114, as last amended by Laws of Utah 2006, Chapter 139
755 53A-26a-302, as last amended by Laws of Utah 1995, Chapter 28
756 53B-2-107, as enacted by Laws of Utah 2002, Chapter 315
757 53B-2-108, as enacted by Laws of Utah 2002, Fifth Special Session, Chapter 22
758 53B-6-105, as enacted by Laws of Utah 2001, Chapter 238
759 53B-6-105.7, as enacted by Laws of Utah 2001, Chapter 238
760 53B-6-105.9, as last amended by Laws of Utah 2002, Chapter 210
761 53B-6-106, as enacted by Laws of Utah 2005, Chapter 147
762 53B-7-502, as last amended by Laws of Utah 2007, Chapters 247, and 356
763 53B-12-101, as last amended by Laws of Utah 2005, Chapter 81
764 53B-16-302, as last amended by Laws of Utah 2005, Chapter 201
765 53B-16-303, as enacted by Laws of Utah 1992, Chapter 280
766 53B-16-304, as last amended by Laws of Utah 2005, Chapter 201
767 53B-16-305, as enacted by Laws of Utah 1992, Chapter 280
768 53B-17-603, as last amended by Laws of Utah 1994, Chapter 294
769 53C-1-201, as last amended by Laws of Utah 2007, Chapter 306
770 53C-1-202, as last amended by Laws of Utah 2003, Chapter 192
771 53C-1-304, as last amended by Laws of Utah 1997, Chapter 72
772 53C-2-201, as last amended by Laws of Utah 2004, Chapter 63
773 54-1-2.5, as enacted by Laws of Utah 1987, Chapter 161
774 54-3-28, as last amended by Laws of Utah 2007, Chapter 329
775 54-5-1.5, as last amended by Laws of Utah 2001, Chapter 212
776 54-7-15, as last amended by Laws of Utah 2003, Chapter 200
777 54-8b-2.1, as enacted by Laws of Utah 1995, Chapter 269
778 54-8b-10, as last amended by Laws of Utah 2007, Chapter 68
779 54-14-104, as enacted by Laws of Utah 1997, Chapter 197
780 54-14-307, as enacted by Laws of Utah 1997, Chapter 197
781 54-17-102, as enacted by Laws of Utah 2005, Chapter 11
782 54-17-103, as enacted by Laws of Utah 2005, Chapter 11
783 54-17-201, as last amended by Laws of Utah 2007, Chapter 289
784 54-17-202, as enacted by Laws of Utah 2005, Chapter 11
785 54-17-203, as enacted by Laws of Utah 2005, Chapter 11
786 54-17-301, as enacted by Laws of Utah 2005, Chapter 11
787 54-17-302, as last amended by Laws of Utah 2007, Chapter 289
788 54-17-304, as enacted by Laws of Utah 2005, Chapter 11
789 54-17-401, as enacted by Laws of Utah 2005, Chapter 11
790 54-17-402, as enacted by Laws of Utah 2005, Chapter 11
791 54-17-404, as enacted by Laws of Utah 2005, Chapter 11
792 54-17-501, as enacted by Laws of Utah 2007, Chapter 289
793 56-1-22.5, as enacted by Laws of Utah 1987, Chapter 161
794 56-2-8, as last amended by Laws of Utah 1987, Chapter 161
795 57-11-3.5, as enacted by Laws of Utah 1987, Chapter 161
796 57-11-10, as last amended by Laws of Utah 1990, Chapter 199
797 57-11-13, as repealed and reenacted by Laws of Utah 1991, Chapter 165
798 57-11-14, as last amended by Laws of Utah 1991, Chapter 165
799 57-12-9, as last amended by Laws of Utah 2004, Chapter 223
800 57-19-20, as last amended by Laws of Utah 1991, Chapter 165
801 57-21-2, as last amended by Laws of Utah 1997, Chapter 375
802 57-21-8, as last amended by Laws of Utah 1999, Chapter 82
803 57-21-9, as last amended by Laws of Utah 1999, Chapters 82, and 160
804 57-21-10, as last amended by Laws of Utah 1999, Chapter 160
805 57-23-8, as enacted by Laws of Utah 1992, Chapter 169
806 57-24-101, as enacted by Laws of Utah 2004, Chapter 44
807 57-25-109, as enacted by Laws of Utah 2006, Chapter 51
808 58-1-106, as last amended by Laws of Utah 2003, Chapter 54
809 58-1-108, as enacted by Laws of Utah 1993, Chapter 297
810 58-1-109, as enacted by Laws of Utah 1993, Chapter 297
811 58-1-301, as last amended by Laws of Utah 2004, Chapter 90
812 58-1-308, as last amended by Laws of Utah 2003, Chapter 43
813 58-1-402, as last amended by Laws of Utah 1996, Chapter 243
814 58-1-404, as last amended by Laws of Utah 2006, Chapter 14
815 58-3a-103, as last amended by Laws of Utah 2002, Chapter 256
816 58-3a-302, as enacted by Laws of Utah 1996, Chapter 260
817 58-3a-502, as last amended by Laws of Utah 1997, Chapter 10
818 58-5a-302, as last amended by Laws of Utah 1995, Chapter 28
819 58-9-302, as last amended by Laws of Utah 2007, Chapter 144
820 58-9-504, as enacted by Laws of Utah 2003, Chapter 49
821 58-9-701, as last amended by Laws of Utah 2007, Chapter 144
822 58-11a-102, as last amended by Laws of Utah 2007, Chapter 209
823 58-11a-302, as last amended by Laws of Utah 2007, Chapter 209
824 58-11a-503, as last amended by Laws of Utah 2007, Chapter 209
825 58-13-5, as enacted by Laws of Utah 1996, Chapter 248
826 58-15-4, as last amended by Laws of Utah 1994, Chapter 313
827 58-16a-302, as last amended by Laws of Utah 2001, Chapter 268
828 58-17b-303, as last amended by Laws of Utah 2005, Chapter 160
829 58-17b-304, as last amended by Laws of Utah 2007, Chapter 279
830 58-17b-305, as enacted by Laws of Utah 2004, Chapter 280
831 58-17b-306, as enacted by Laws of Utah 2004, Chapter 280
832 58-17b-307, as enacted by Laws of Utah 2004, Chapter 280
833 58-17b-504, as last amended by Laws of Utah 2007, Chapters 279, and 306
834 58-17b-701, as enacted by Laws of Utah 2004, Chapter 280
835 58-20a-302, as last amended by Laws of Utah 1996, Chapter 191
836 58-22-103, as last amended by Laws of Utah 2002, Chapter 256
837 58-22-302, as last amended by Laws of Utah 2003, Chapter 50
838 58-22-503, as last amended by Laws of Utah 1997, Chapter 10
839 58-26a-102, as enacted by Laws of Utah 2000, Chapter 261
840 58-26a-302, as enacted by Laws of Utah 2000, Chapter 261
841 58-26a-306, as last amended by Laws of Utah 2003, Chapter 52
842 58-26a-307, as enacted by Laws of Utah 2000, Chapter 261
843 58-28-302, as renumbered and amended by Laws of Utah 2006, Chapter 109
844 58-28-503, as enacted by Laws of Utah 2006, Chapter 109
845 58-31b-102, as last amended by Laws of Utah 2007, Chapter 57
846 58-31b-301.6, as enacted by Laws of Utah 2006, Chapter 291
847 58-31b-302, as last amended by Laws of Utah 2007, Chapters 49, and 57
848 58-31b-304, as last amended by Laws of Utah 2006, Chapter 291
849 58-31b-305, as last amended by Laws of Utah 2007, Chapter 57
850 58-31b-401, as last amended by Laws of Utah 2006, Chapter 291
851 58-31b-402, as last amended by Laws of Utah 2002, Chapter 290
852 58-31b-601, as last amended by Laws of Utah 2006, Chapter 291
853 58-37-2, as last amended by Laws of Utah 2006, Chapter 8
854 58-37-6, as last amended by Laws of Utah 2006, Chapters 21, and 281
855 58-37-21, as enacted by Laws of Utah 1995, Chapter 163
856 58-37c-3, as last amended by Laws of Utah 2000, Chapters 271, and 272
857 58-37c-6, as repealed and reenacted by Laws of Utah 1992, Chapter 155
858 58-37c-8, as last amended by Laws of Utah 2007, Chapter 358
859 58-37c-14, as enacted by Laws of Utah 1992, Chapter 155
860 58-39a-5, as last amended by Laws of Utah 1994, Chapter 313
861 58-40-5, as last amended by Laws of Utah 2004, Chapter 11
862 58-40a-302, as enacted by Laws of Utah 2006, Chapter 206
863 58-40a-304, as enacted by Laws of Utah 2006, Chapter 206
864 58-41-5, as last amended by Laws of Utah 1994, Chapter 313
865 58-41-13, as last amended by Laws of Utah 1994, Chapter 313
866 58-42a-302, as last amended by Laws of Utah 2004, Chapter 9
867 58-44a-102, as last amended by Laws of Utah 1998, Chapter 288
868 58-44a-302, as last amended by Laws of Utah 2007, Chapter 57
869 58-44a-402, as enacted by Laws of Utah 1998, Chapter 288
870 58-46a-302, as last amended by Laws of Utah 2002, Chapter 50
871 58-47b-302, as last amended by Laws of Utah 2000, Chapter 309
872 58-53-103, as last amended by Laws of Utah 2002, Chapter 256
873 58-53-302, as renumbered and amended by Laws of Utah 1998, Chapter 191
874 58-53-502, as renumbered and amended by Laws of Utah 1998, Chapter 191
875 58-54-2, as last amended by Laws of Utah 1996, Chapter 232
876 58-54-5, as last amended by Laws of Utah 1994, Chapters 163, and 313
877 58-55-103, as last amended by Laws of Utah 2004, Chapters 61, and 90
878 58-55-302, as last amended by Laws of Utah 2006, Chapter 122
879 58-55-307, as last amended by Laws of Utah 2002, Chapter 241
880 58-55-308, as last amended by Laws of Utah 2006, Chapter 73
881 58-55-503, as last amended by Laws of Utah 2007, Chapter 98
882 58-56-4, as last amended by Laws of Utah 2005, Chapter 254
883 58-56-7, as last amended by Laws of Utah 2002, Chapter 75
884 58-56-9.3, as enacted by Laws of Utah 2007, Chapter 145
885 58-56-9.5, as enacted by Laws of Utah 2007, Chapter 145
886 58-56-16, as last amended by Laws of Utah 1999, Chapter 42
887 58-57-4, as last amended by Laws of Utah 2006, Chapter 106
888 58-57-14, as enacted by Laws of Utah 2006, Chapter 106
889 58-59-302, as last amended by Laws of Utah 2007, Chapter 134
890 58-59-302.5, as enacted by Laws of Utah 2007, Chapter 134
891 58-59-303, as last amended by Laws of Utah 2003, Chapter 260
892 58-59-308, as last amended by Laws of Utah 2005, Chapter 102
893 58-60-115, as last amended by Laws of Utah 2003, Chapter 201
894 58-60-117, as last amended by Laws of Utah 2004, Chapter 143
895 58-60-205, as last amended by Laws of Utah 2003, Chapter 201
896 58-60-305, as last amended by Laws of Utah 2001, Chapter 281
897 58-60-405, as last amended by Laws of Utah 2001, Chapter 281
898 58-60-506, as last amended by Laws of Utah 2007, Chapter 283
899 58-61-304, as last amended by Laws of Utah 2007, Chapter 387
900 58-63-302, as last amended by Laws of Utah 2005, Chapter 81
901 58-63-304, as last amended by Laws of Utah 2005, Chapter 307
902 58-63-503, as enacted by Laws of Utah 2003, Chapter 308
903 58-64-302, as enacted by Laws of Utah 1995, Chapter 215
904 58-67-102, as last amended by Laws of Utah 2000, Chapter 1
905 58-67-302, as last amended by Laws of Utah 2006, Chapter 53
906 58-67-402, as enacted by Laws of Utah 1996, Chapter 248
907 58-67-601, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
908 58-68-102, as last amended by Laws of Utah 2000, Chapter 1
909 58-68-302, as last amended by Laws of Utah 2006, Chapter 53
910 58-68-402, as enacted by Laws of Utah 1996, Chapter 248
911 58-68-601, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
912 58-69-302, as last amended by Laws of Utah 1998, Chapter 206
913 58-69-601, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
914 58-70a-302, as enacted by Laws of Utah 1997, Chapter 229
915 58-71-102, as last amended by Laws of Utah 2004, Chapter 280
916 58-71-302, as last amended by Laws of Utah 2005, Chapter 17
917 58-71-402, as enacted by Laws of Utah 1996, Chapter 282
918 58-71-601, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
919 58-72-302, as last amended by Laws of Utah 2007, Chapter 90
920 58-73-302, as last amended by Laws of Utah 1996, Chapter 175 and renumbered and
921 amended by Laws of Utah 1996, Chapter 253
922 58-73-701, as last amended by Laws of Utah 2005, Chapter 102
923 58-74-302, as last amended by Laws of Utah 2004, Chapter 77
924 58-75-102, as enacted by Laws of Utah 2001, Chapter 100
925 58-75-302, as last amended by Laws of Utah 2002, Chapter 305
926 58-76-103, as enacted by Laws of Utah 2002, Chapter 218
927 58-76-302, as enacted by Laws of Utah 2002, Chapter 218
928 58-76-502, as last amended by Laws of Utah 2003, Chapter 131
929 58-77-302, as enacted by Laws of Utah 2005, Chapter 299
930 59-1-210 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
931 59-1-302, as last amended by Laws of Utah 2005, Chapter 198
932 59-1-304, as enacted by Laws of Utah 2004, Chapter 84
933 59-1-305, as enacted by Laws of Utah 2007, Chapter 281
934 59-1-401, as last amended by Laws of Utah 2007, Chapters 175, and 269
935 59-1-403, as last amended by Laws of Utah 2007, Chapter 250
936 59-1-404, as last amended by Laws of Utah 2007, Chapter 230
937 59-1-502.5, as last amended by Laws of Utah 1995, Chapter 55
938 59-1-601, as last amended by Laws of Utah 1998, Chapter 326
939 59-1-602, as last amended by Laws of Utah 1998, Chapter 326
940 59-1-610, as enacted by Laws of Utah 1993, Chapter 248
941 59-1-1302, as enacted by Laws of Utah 2006, Chapter 237
942 59-1-1303, as enacted by Laws of Utah 2006, Chapter 237
943 59-1-1306, as enacted by Laws of Utah 2006, Chapter 237
944 59-1-1307, as enacted by Laws of Utah 2006, Chapter 237
945 59-2-102, as last amended by Laws of Utah 2007, Chapters 107, 234, and 329
946 59-2-103.5, as enacted by Laws of Utah 2002, Chapter 169
947 59-2-107, as enacted by Laws of Utah 2004, Chapter 303
948 59-2-202, as last amended by Laws of Utah 1999, Chapter 71
949 59-2-207, as last amended by Laws of Utah 1999, Chapter 71
950 59-2-307, as last amended by Laws of Utah 2006, Chapter 39
951 59-2-309, as last amended by Laws of Utah 1992, Chapter 237
952 59-2-405.2, as last amended by Laws of Utah 2006, Fifth Special Session, Chapter 3
953 59-2-406, as last amended by Laws of Utah 2005, Chapters 217, and 244
954 59-2-503, as last amended by Laws of Utah 2003, Chapter 208
955 59-2-703, as last amended by Laws of Utah 2001, Chapter 214
956 59-2-704.5, as enacted by Laws of Utah 1993, Chapter 243
957 59-2-801, as last amended by Laws of Utah 1999, Chapter 134
958 59-2-924, as last amended by Laws of Utah 2007, Chapters 107, and 329
959 59-2-1004, as last amended by Laws of Utah 2001, Chapter 106
960 59-2-1004.5, as enacted by Laws of Utah 2005, Chapter 182
961 59-2-1004.6, as enacted by Laws of Utah 2005, Chapter 53
962 59-2-1007, as last amended by Laws of Utah 2007, Chapter 119
963 59-2-1102, as last amended by Laws of Utah 2005, Chapter 19
964 59-2-1105 (Effective 01/01/08), as last amended by Laws of Utah 2006, Chapter 114
965 59-2-1115, as last amended by Laws of Utah 2007, Chapter 8
966 59-2-1202, as last amended by Laws of Utah 2006, Chapter 363
967 59-5-101, as last amended by Laws of Utah 2006, Chapter 346
968 59-5-110, as repealed and reenacted by Laws of Utah 1988, Chapter 4
969 59-5-203, as last amended by Laws of Utah 2005, Chapter 238
970 59-5-204, as last amended by Laws of Utah 1988, Chapter 183
971 59-5-210, as enacted by Laws of Utah 1988, Chapter 4
972 59-6-104, as last amended by Laws of Utah 1988, Chapter 3
973 59-7-101, as last amended by Laws of Utah 2004, Chapter 54
974 59-7-311, as last amended by Laws of Utah 2005, Chapter 225
975 59-7-610, as last amended by Laws of Utah 2005, Chapter 148
976 59-7-612 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
977 59-7-613, as last amended by Laws of Utah 1999, Chapter 59
978 59-7-614.1, as last amended by Laws of Utah 2007, Chapter 122
979 59-7-703, as last amended by Laws of Utah 2006, Chapter 223
980 59-8-106, as last amended by Laws of Utah 1988, Chapter 169
981 59-10-103, as last amended by Laws of Utah 2006, Fourth Special Session, Chapter 2
982 59-10-114, as last amended by Laws of Utah 2007, Chapter 100
983 59-10-115, as last amended by Laws of Utah 2006, Fourth Special Session, Chapter 2
984 59-10-116, as last amended by Laws of Utah 2006, Fourth Special Session, Chapter 2
985 59-10-117, as last amended by Laws of Utah 2006, Fourth Special Session, Chapter 2
986 59-10-202, as last amended by Laws of Utah 2007, Chapter 100
987 59-10-209.1, as enacted by Laws of Utah 2006, Chapter 223
988 59-10-210, as last amended by Laws of Utah 2006, Chapter 223
989 59-10-405.5, as last amended by Laws of Utah 2006, Chapter 322
990 59-10-514, as last amended by Laws of Utah 2007, Chapter 28
991 59-10-514.1, as enacted by Laws of Utah 2005, Chapter 121
992 59-10-549, as last amended by Laws of Utah 2005, Chapter 208
993 59-10-1007, as renumbered and amended by Laws of Utah 2006, Chapter 223
994 59-10-1012 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
995 59-10-1013, as renumbered and amended by Laws of Utah 2006, Chapter 223
996 59-10-1015, as renumbered and amended by Laws of Utah 2006, Chapter 223
997 59-10-1105, as last amended by Laws of Utah 2007, Chapter 122
998 59-10-1205, as enacted by Laws of Utah 2006, Fourth Special Session, Chapter 2
999 59-11-113, as last amended by Laws of Utah 1998, Chapter 299
1000 59-12-102 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapters 9,
1001 214, 224, and 288
1002 59-12-104 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapters 76,
1003 195, 214, 224, 288, 295, and 329
1004 59-12-104.1, as last amended by Laws of Utah 2003, Chapter 312
1005 59-12-106, as last amended by Laws of Utah 2006, Chapter 322
1006 59-12-107, as last amended by Laws of Utah 2006, Chapter 253
1007 59-12-107.1, as last amended by Laws of Utah 2006, Chapter 253
1008 59-12-108, as last amended by Laws of Utah 2007, Chapter 9
1009 59-12-110, as last amended by Laws of Utah 2006, Chapter 253
1010 59-12-114, as last amended by Laws of Utah 1997, Chapter 328
1011 59-12-207, as last amended by Laws of Utah 2006, Chapter 253
1012 59-12-208.1, as last amended by Laws of Utah 2004, Chapter 255
1013 59-12-209, as enacted by Laws of Utah 1994, Chapter 259
1014 59-12-210, as last amended by Laws of Utah 2006, Chapter 253
1015 59-12-301, as last amended by Laws of Utah 2007, Chapter 3
1016 59-12-403 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
1017 59-12-504 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
1018 59-12-703 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
1019 59-12-806, as last amended by Laws of Utah 2004, Chapter 255
1020 59-12-902, as last amended by Laws of Utah 2004, Chapter 18
1021 59-12-1001 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapters 288,
1022 and 329
1023 59-12-1102, as last amended by Laws of Utah 2006, Chapter 253
1024 59-12-1302 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
1025 59-12-1402 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapter 288
1026 59-12-1503 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapters 10,
1027 202, 288, and 329
1028 59-12-1703 (Effective 01/01/08), as last amended by Laws of Utah 2007, Chapters 201,
1029 288, and 329
1030 59-12-1803 (Effective 01/01/08), as enacted by Laws of Utah 2007, Chapter 288
1031 59-13-201, as last amended by Laws of Utah 2004, Chapter 237
1032 59-13-201.5, as enacted by Laws of Utah 2000, Chapter 258
1033 59-13-202.5, as last amended by Laws of Utah 2003, Chapter 178
1034 59-13-203.1, as last amended by Laws of Utah 2007, Chapter 194
1035 59-13-301, as last amended by Laws of Utah 2003, Chapters 7, and 268
1036 59-13-301.5, as last amended by Laws of Utah 2001, Chapter 9
1037 59-13-302, as last amended by Laws of Utah 2007, Chapter 194
1038 59-13-322, as last amended by Laws of Utah 2003, Chapter 178
1039 59-13-404, as enacted by Laws of Utah 2001, Chapter 235
1040 59-13-502, as enacted by Laws of Utah 1990, Chapter 11
1041 59-14-204, as last amended by Laws of Utah 2007, Chapter 6
1042 59-14-407, as last amended by Laws of Utah 2002, Chapters 52, and 175
1043 59-14-409, as enacted by Laws of Utah 2005, Chapter 135
1044 59-14-603, as enacted by Laws of Utah 2005, Chapter 204
1045 59-19-105, as last amended by Laws of Utah 1989, Chapter 242
1046 59-21-2, as last amended by Laws of Utah 2007, Chapter 303
1047 59-24-108, as enacted by Laws of Utah 2001, Chapter 314
1048 59-25-108, as enacted by Laws of Utah 2003, Chapter 295
1049 59-26-106, as enacted by Laws of Utah 2004, Chapter 300
1050 59-26-108, as enacted by Laws of Utah 2004, Chapter 300
1051 59-27-104, as enacted by Laws of Utah 2004, Chapter 214
1052 61-1-4, as last amended by Laws of Utah 2004, Chapter 90
1053 61-1-6, as last amended by Laws of Utah 2003, Chapter 36
1054 61-1-11.1, as enacted by Laws of Utah 2003, Chapter 245
1055 61-1-12, as last amended by Laws of Utah 1990, Chapter 133
1056 61-1-13, as last amended by Laws of Utah 2007, Chapters 292, and 307
1057 61-1-14, as last amended by Laws of Utah 1997, Chapter 160
1058 61-1-15.5, as enacted by Laws of Utah 1997, Chapter 160
1059 61-1-18.4, as last amended by Laws of Utah 1994, Chapter 313
1060 61-1-18.6, as enacted by Laws of Utah 1987, Chapter 161
1061 61-1-18.7, as last amended by Laws of Utah 2002, Chapter 256
1062 61-1-23, as last amended by Laws of Utah 1990, Chapter 133
1063 61-2-5.1, as last amended by Laws of Utah 1997, Chapter 351
1064 61-2-6, as last amended by Laws of Utah 2007, Chapter 325
1065 61-2-7.1, as last amended by Laws of Utah 2005, Chapter 199
1066 61-2-9, as last amended by Laws of Utah 2007, Chapter 325
1067 61-2-10, as last amended by Laws of Utah 1996, Chapter 102
1068 61-2-12, as last amended by Laws of Utah 2007, Chapter 325
1069 61-2-21, as last amended by Laws of Utah 2007, Chapter 325
1070 61-2-26, as enacted by Laws of Utah 2005, Chapter 257
1071 61-2-28, as enacted by Laws of Utah 2007, Chapter 325
1072 61-2b-2, as last amended by Laws of Utah 2005, Chapter 199
1073 61-2b-6, as last amended by Laws of Utah 2005, Chapter 199
1074 61-2b-8, as last amended by Laws of Utah 2005, Chapter 199
1075 61-2b-18, as last amended by Laws of Utah 2005, Chapter 199
1076 61-2b-21, as last amended by Laws of Utah 2005, Chapter 199
1077 61-2b-22, as last amended by Laws of Utah 2005, Chapter 199
1078 61-2b-27, as last amended by Laws of Utah 2005, Chapter 199
1079 61-2b-28, as last amended by Laws of Utah 2007, Chapter 325
1080 61-2b-30, as enacted by Laws of Utah 1990, Chapter 212
1081 61-2b-37, as last amended by Laws of Utah 1995, Chapter 28
1082 61-2c-102, as last amended by Laws of Utah 2007, Chapter 325
1083 61-2c-103, as last amended by Laws of Utah 2005, Chapter 199
1084 61-2c-104, as last amended by Laws of Utah 2007, Chapter 325
1085 61-2c-105, as last amended by Laws of Utah 2007, Chapter 173
1086 61-2c-201, as last amended by Laws of Utah 2007, Chapter 325
1087 61-2c-202, as last amended by Laws of Utah 2007, Chapter 325
1088 61-2c-205, as last amended by Laws of Utah 2007, Chapter 325
1089 61-2c-206, as last amended by Laws of Utah 2007, Chapter 325
1090 61-2c-207, as enacted by Laws of Utah 2004, Chapter 297
1091 61-2c-208, as last amended by Laws of Utah 2007, Chapter 325
1092 61-2c-402.1, as enacted by Laws of Utah 2005, Chapter 199
1093 61-2c-403, as last amended by Laws of Utah 2007, Chapter 325
1094 62A-1-106, as enacted by Laws of Utah 1988, Chapter 1
1095 62A-1-108.5, as last amended by Laws of Utah 2003, Chapter 11
1096 62A-1-111, as last amended by Laws of Utah 2005, Chapter 212
1097 62A-1-112, as last amended by Laws of Utah 2004, Chapter 352
1098 62A-1-118, as last amended by Laws of Utah 2006, Chapter 77
1099 62A-2-105, as last amended by Laws of Utah 2005, Chapter 188
1100 62A-2-106, as last amended by Laws of Utah 2005, Chapters 188, and 212
1101 62A-2-108.2, as enacted by Laws of Utah 2005, Chapter 188
1102 62A-2-108.3, as enacted by Laws of Utah 2005, Chapter 188
1103 62A-2-109, as last amended by Laws of Utah 2005, Chapter 188
1104 62A-2-111, as last amended by Laws of Utah 2005, Chapter 188
1105 62A-2-120, as last amended by Laws of Utah 2007, Chapter 152
1106 62A-2-121, as last amended by Laws of Utah 2007, Chapter 152
1107 62A-2-122, as last amended by Laws of Utah 2005, Chapters 60, 107, and 188
1108 62A-3-104, as last amended by Laws of Utah 2005, Chapter 107
1109 62A-3-104.1, as last amended by Laws of Utah 2005, Chapters 71, and 107
1110 62A-3-106.5, as enacted by Laws of Utah 2006, Chapter 31
1111 62A-3-109, as enacted by Laws of Utah 1988, Chapter 1
1112 62A-3-205, as enacted by Laws of Utah 1988, Chapter 1
1113 62A-3-311, as repealed and reenacted by Laws of Utah 2002, Chapter 108
1114 62A-3-311.1, as last amended by Laws of Utah 2005, Chapter 50
1115 62A-3-312, as repealed and reenacted by Laws of Utah 2002, Chapter 108
1116 62A-4a-102, as last amended by Laws of Utah 2005, Chapter 188
1117 62A-4a-112, as renumbered and amended by Laws of Utah 1994, Chapter 260
1118 62A-4a-115, as renumbered and amended by Laws of Utah 1994, Chapter 260
1119 62A-4a-119, as enacted by Laws of Utah 2000, Chapter 274
1120 62A-4a-120, as last amended by Laws of Utah 2006, Chapter 281
1121 62A-4a-206, as last amended by Laws of Utah 2002, Chapter 306
1122 62A-4a-207, as last amended by Laws of Utah 2006, Chapter 14
1123 62A-4a-208, as enacted by Laws of Utah 1998, Chapter 274
1124 62A-4a-303, as renumbered and amended by Laws of Utah 1994, Chapter 260
1125 62A-4a-304, as last amended by Laws of Utah 1996, Chapter 242
1126 62A-4a-410, as last amended by Laws of Utah 2005, Chapter 102
1127 62A-4a-412, as last amended by Laws of Utah 2006, Chapters 77, and 281
1128 62A-4a-906, as enacted by Laws of Utah 2001, Chapter 115
1129 62A-4a-1003, as last amended by Laws of Utah 2007, Chapter 152
1130 62A-4a-1006, as renumbered and amended by Laws of Utah 2006, Chapter 77
1131 62A-4a-1009, as renumbered and amended by Laws of Utah 2006, Chapter 77
1132 62A-5-103, as last amended by Laws of Utah 2005, Chapter 60
1133 62A-5-103.1, as enacted by Laws of Utah 2006, Chapter 133
1134 62A-5-103.2, as enacted by Laws of Utah 2007, Chapter 135
1135 62A-5-105, as last amended by Laws of Utah 2004, Chapter 114
1136 62A-5-313, as last amended by Laws of Utah 1991, Chapter 207
1137 62A-5a-104, as last amended by Laws of Utah 1996, Chapter 179
1138 62A-7-202, as last amended by Laws of Utah 2005, Chapter 13
1139 62A-11-104.1, as last amended by Laws of Utah 1995, Chapter 258
1140 62A-11-105, as enacted by Laws of Utah 1988, Chapter 1
1141 62A-11-303, as last amended by Laws of Utah 2000, Chapter 161
1142 62A-11-304.1, as repealed and reenacted by Laws of Utah 1997, Chapter 232
1143 62A-11-304.2, as last amended by Laws of Utah 2002, Chapter 60
1144 62A-11-304.4, as last amended by Laws of Utah 2006, Chapter 77
1145 62A-11-326.3, as enacted by Laws of Utah 1990, Chapter 166
1146 62A-11-333, as enacted by Laws of Utah 2000, Chapter 161
1147 62A-11-407, as last amended by Laws of Utah 1997, Chapter 232
1148 62A-11-603 (Effective 07/01/08), as enacted by Laws of Utah 2007, Chapter 338
1149 62A-13-105, as last amended by Laws of Utah 2003, Chapter 246
1150 62A-14-105, as enacted by Laws of Utah 1999, Chapter 69
1151 62A-14-106, as last amended by Laws of Utah 2003, Chapter 246
1152 62A-14-108, as enacted by Laws of Utah 1999, Chapter 69
1153 62A-14-109, as enacted by Laws of Utah 1999, Chapter 69
1154 62A-15-103, as last amended by Laws of Utah 2003, Chapters 22, 100, and 303
1155 62A-15-105, as last amended by Laws of Utah 2005, Chapter 2
1156 62A-15-401, as last amended by Laws of Utah 2007, Chapter 284
1157 62A-15-704, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
1158 Chapter 8
1159 62A-15-707, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
1160 Chapter 8
1161 62A-15-902, as last amended by Laws of Utah 2004, Chapter 49
1162 63-11-12, as enacted by Laws of Utah 1967, Chapter 176
1163 63-11-17, as last amended by Laws of Utah 2003, Chapter 328
1164 63-11a-503, as enacted by Laws of Utah 1997, Chapter 321
1165 63-34-3.1, as last amended by Laws of Utah 1990, Chapter 93
1166 63-34-5 (Contingently Effective), as last amended by Laws of Utah 2003, Chapter 144
1167 63-34-15, as last amended by Laws of Utah 2004, Chapter 352
1168 63-34-17, as last amended by Laws of Utah 2004, Chapter 352
1169 63-63c-101, as enacted by Laws of Utah 2003, Chapter 340
1170 63-73-4, as enacted by Laws of Utah 1988, Chapter 137
1171 63-73-6, as last amended by Laws of Utah 2005, Chapter 294
1172 63A-1-105.5, as enacted by Laws of Utah 2006, Chapter 52
1173 63A-1-112, as last amended by Laws of Utah 1999, Chapter 24
1174 63A-1-114, as last amended by Laws of Utah 2006, Chapter 14
1175 63A-2-103, as last amended by Laws of Utah 2004, Chapter 34
1176 63A-3-306, as renumbered and amended by Laws of Utah 1993, Chapter 212
1177 63A-4-102, as last amended by Laws of Utah 2004, Chapter 34
1178 63A-4-204, as last amended by Laws of Utah 2005, Chapters 102, and 285
1179 63A-4-204.5, as last amended by Laws of Utah 2005, Chapters 102, and 285
1180 63A-4-207, as renumbered and amended by Laws of Utah 1994, Chapter 12
1181 63A-5-103, as last amended by Laws of Utah 2007, Chapter 322
1182 63A-5-104, as last amended by Laws of Utah 2007, Chapter 12
1183 63A-5-204, as last amended by Laws of Utah 2006, Chapters 123, and 278
1184 63A-5-205, as last amended by Laws of Utah 2004, Chapter 347
1185 63A-5-206, as last amended by Laws of Utah 2007, Chapter 12
1186 63A-5-208, as last amended by Laws of Utah 2005, Chapter 25
1187 63A-5-302, as enacted by Laws of Utah 1995, Chapter 113
1188 63A-8-201, as last amended by Laws of Utah 2006, Chapter 65
1189 63A-8-204, as last amended by Laws of Utah 2006, Chapter 65
1190 63A-9-401, as last amended by Laws of Utah 2007, Chapters 106, and 329
1191 63A-9-801, as last amended by Laws of Utah 2006, Chapter 139
1192 63A-9-808, as last amended by Laws of Utah 2006, Chapter 6
1193 63A-11-107, as enacted by Laws of Utah 2004, Chapter 356
1194 63A-11-202, as enacted by Laws of Utah 2004, Chapter 356
1195 63A-11-204, as last amended by Laws of Utah 2006, Chapter 76
1196 63B-1a-401, as enacted by Laws of Utah 2003, Chapter 2
1197 63B-2-102, as last amended by Laws of Utah 2005, Chapter 25
1198 63B-2-105, as enacted by Laws of Utah 1993, Chapter 304
1199 63B-2-205, as enacted by Laws of Utah 1993, Chapter 304
1200 63B-2-301, as last amended by Laws of Utah 2003, Chapter 16
1201 63B-3-102, as last amended by Laws of Utah 2005, Chapter 25
1202 63B-3-105, as enacted by Laws of Utah 1994, Chapter 300
1203 63B-3-205, as enacted by Laws of Utah 1994, Chapter 300
1204 63B-3-301, as last amended by Laws of Utah 2003, Chapter 171
1205 63B-4-102, as last amended by Laws of Utah 2005, Chapter 25
1206 63B-4-105, as enacted by Laws of Utah 1995, Chapter 329
1207 63B-4-201, as last amended by Laws of Utah 2003, Chapter 16
1208 63B-4-301, as last amended by Laws of Utah 2003, Chapter 16
1209 63B-5-102, as last amended by Laws of Utah 2005, Chapter 25
1210 63B-5-105, as enacted by Laws of Utah 1996, Chapter 335
1211 63B-6-102, as last amended by Laws of Utah 2005, Chapter 25
1212 63B-6-105, as enacted by Laws of Utah 1997, Chapter 391
1213 63B-6-205, as enacted by Laws of Utah 1997, Chapter 270
1214 63B-6-402, as last amended by Laws of Utah 2005, Chapter 25
1215 63B-6-405, as enacted by Laws of Utah 1997, Chapter 391
1216 63B-6-501, as last amended by Laws of Utah 1998, Chapter 67
1217 63B-7-102, as last amended by Laws of Utah 2005, Chapter 25
1218 63B-7-105, as enacted by Laws of Utah 1998, Chapter 67
1219 63B-7-205, as enacted by Laws of Utah 1998, Chapter 316
1220 63B-7-402, as last amended by Laws of Utah 2005, Chapter 25
1221 63B-7-405, as enacted by Laws of Utah 1998, Chapter 67
1222 63B-7-501, as last amended by Laws of Utah 2003, Chapter 171
1223 63B-7-503, as enacted by Laws of Utah 1998, Chapter 314
1224 63B-8-102, as last amended by Laws of Utah 2005, Chapter 25
1225 63B-8-105, as enacted by Laws of Utah 1999, Chapter 309
1226 63B-8-205, as enacted by Laws of Utah 1999, Chapter 331
1227 63B-8-402, as last amended by Laws of Utah 2005, Chapter 25
1228 63B-8-405, as enacted by Laws of Utah 1999, Chapter 309
1229 63B-8-501, as enacted by Laws of Utah 1999, Chapter 309
1230 63B-9-102, as enacted by Laws of Utah 2000, Chapter 350
1231 63B-9-103, as last amended by Laws of Utah 2005, Chapter 25
1232 63B-9-205, as enacted by Laws of Utah 2000, Chapter 354
1233 63B-10-105, as enacted by Laws of Utah 2001, Chapter 321
1234 63B-10-301, as last amended by Laws of Utah 2001, Second Special Session, Chapter 8
1235 63B-10-302, as enacted by Laws of Utah 2001, Chapter 239
1236 63B-11-105, as enacted by Laws of Utah 2002, Chapter 199
1237 63B-11-202, as last amended by Laws of Utah 2006, Chapter 169
1238 63B-11-205, as enacted by Laws of Utah 2002, Chapter 252
1239 63B-11-305, as enacted by Laws of Utah 2002, Chapter 278
1240 63B-11-505, as enacted by Laws of Utah 2002, Chapter 266
1241 63B-11-701, as enacted by Laws of Utah 2002, Chapter 199
1242 63B-12-201, as enacted by Laws of Utah 2003, Chapter 302
1243 63C-4-101, as last amended by Laws of Utah 2006, Chapter 14
1244 63C-4-102, as last amended by Laws of Utah 2004, Chapter 345
1245 63C-4-103, as last amended by Laws of Utah 2007, Chapter 303
1246 63C-7-210, as enacted by Laws of Utah 1997, Chapter 136
1247 63C-8-105, as last amended by Laws of Utah 2005, Chapter 157
1248 63C-8-106, as enacted by Laws of Utah 2005, Chapter 157
1249 63C-9-301, as last amended by Laws of Utah 2007, Chapter 322
1250 63C-11-202, as enacted by Laws of Utah 2007, Chapter 361
1251 63C-11-302, as renumbered and amended by Laws of Utah 2007, Chapter 361
1252 63C-11-304, as renumbered and amended by Laws of Utah 2007, Chapter 361
1253 63C-11-308, as renumbered and amended by Laws of Utah 2007, Chapter 361
1254 63C-11-310, as renumbered and amended by Laws of Utah 2007, Chapter 361
1255 63C-11-311, as renumbered and amended by Laws of Utah 2007, Chapter 361
1256 63C-11-315, as renumbered and amended by Laws of Utah 2007, Chapter 361
1257 63C-11-316, as renumbered and amended by Laws of Utah 2007, Chapter 361
1258 63C-11-317, as renumbered and amended by Laws of Utah 2007, Chapter 361
1259 63C-11-318, as renumbered and amended by Laws of Utah 2007, Chapter 361
1260 63D-2-103, as enacted by Laws of Utah 2004, Chapter 175
1261 63E-1-102, as last amended by Laws of Utah 2007, Chapter 329
1262 63E-2-109, as last amended by Laws of Utah 2006, Chapter 14
1263 63F-1-103, as enacted by Laws of Utah 2005, Chapter 169
1264 63F-1-204, as enacted by Laws of Utah 2005, Chapter 169
1265 63F-1-205, as last amended by Laws of Utah 2007, Chapter 306
1266 63F-1-206, as last amended by Laws of Utah 2006, Chapter 21
1267 63F-1-207, as last amended by Laws of Utah 2007, Chapter 117
1268 63F-1-209, as enacted by Laws of Utah 2005, Chapter 169
1269 63F-1-301, as enacted by Laws of Utah 2005, Chapter 169
1270 63F-1-302, as last amended by Laws of Utah 2006, Chapter 14
1271 63F-1-509, as last amended by Laws of Utah 2007, Chapter 257
1272 64-9b-6, as last amended by Laws of Utah 1999, Chapter 21
1273 64-13-10, as last amended by Laws of Utah 1994, Chapter 48
1274 64-13-14.7, as last amended by Laws of Utah 1996, Chapter 242
1275 64-13-17, as last amended by Laws of Utah 2004, Chapter 36
1276 64-13-20, as last amended by Laws of Utah 1995, Chapter 352
1277 64-13-21, as last amended by Laws of Utah 2002, Chapter 140
1278 64-13-25, as last amended by Laws of Utah 1987, Chapter 116
1279 64-13-38, as last amended by Laws of Utah 1997, Chapter 110
1280 64-13-39.5, as last amended by Laws of Utah 2007, Chapter 343
1281 64-13-41, as enacted by Laws of Utah 2000, Chapter 200
1282 64-13a-13, as last amended by Laws of Utah 1989, Chapter 224
1283 65A-1-4, as last amended by Laws of Utah 2007, Chapter 136
1284 65A-8-105, as renumbered and amended by Laws of Utah 2007, Chapter 136
1285 65A-8-207, as renumbered and amended by Laws of Utah 2007, Chapter 136
1286 65A-8a-103, as enacted by Laws of Utah 2001, Chapter 80
1287 67-1-2, as last amended by Laws of Utah 2004, Chapter 291
1288 67-1a-2.5, as renumbered and amended by Laws of Utah 2001, Chapter 46
1289 67-3-1, as last amended by Laws of Utah 2007, Chapter 329
1290 67-4a-703, as last amended by Laws of Utah 2007, Chapter 18
1291 67-5-15, as last amended by Laws of Utah 1992, Third Special Session, Chapter 4
1292 67-5-18, as last amended by Laws of Utah 2002, Chapter 130
1293 67-5a-8, as last amended by Laws of Utah 2002, Chapter 256
1294 67-5b-107, as last amended by Laws of Utah 2005, Chapter 102
1295 67-16-3, as last amended by Laws of Utah 1992, Chapter 280
1296 67-16-4, as last amended by Laws of Utah 2005, Chapters 25, and 45
1297 67-16-5, as last amended by Laws of Utah 2007, Chapter 233
1298 67-16-5.3, as last amended by Laws of Utah 2005, Chapter 25
1299 67-16-6, as last amended by Laws of Utah 2005, Chapter 25
1300 67-18-5, as last amended by Laws of Utah 1991, Chapter 259
1301 67-19-5, as last amended by Laws of Utah 2006, Chapter 139
1302 67-19-6, as last amended by Laws of Utah 2006, Chapter 139
1303 67-19-6.7, as last amended by Laws of Utah 2006, Chapter 139
1304 67-19-11, as last amended by Laws of Utah 2006, Chapter 139
1305 67-19-12.5, as last amended by Laws of Utah 2006, Chapter 139
1306 67-19-14, as last amended by Laws of Utah 2006, Chapter 139
1307 67-19-30, as last amended by Laws of Utah 1994, Chapter 145
1308 67-19-31, as last amended by Laws of Utah 2006, Chapter 139
1309 67-19-34, as last amended by Laws of Utah 2006, Chapter 139
1310 67-19a-202, as last amended by Laws of Utah 1991, Chapters 101, and 204
1311 67-19a-203, as enacted by Laws of Utah 1989, Chapter 191
1312 69-2-5.6, as last amended by Laws of Utah 2007, Chapter 241
1313 70-3a-201, as enacted by Laws of Utah 2002, Chapter 318
1314 70-3a-203, as last amended by Laws of Utah 2007, Chapter 365
1315 70-3a-303, as enacted by Laws of Utah 2002, Chapter 318
1316 70A-9a-526, as enacted by Laws of Utah 2000, Chapter 252
1317 70C-8-104, as last amended by Laws of Utah 2006, Chapter 165
1318 70D-1-14, as last amended by Laws of Utah 2006, Chapter 165
1319 70D-1-16, as enacted by Laws of Utah 1990, Chapter 172
1320 70D-1-17, as enacted by Laws of Utah 1990, Chapter 172
1321 71-7-3, as last amended by Laws of Utah 2007, Chapter 173
1322 71-8-2, as last amended by Laws of Utah 2007, Chapter 173
1323 71-11-5, as last amended by Laws of Utah 2007, Chapter 173
1324 72-1-201, as last amended by Laws of Utah 1999, Chapter 325
1325 72-1-211, as enacted by Laws of Utah 2005, Chapter 245
1326 72-1-303, as last amended by Laws of Utah 2007, Chapter 329
1327 72-1-304, as enacted by Laws of Utah 2005, Chapter 245
1328 72-2-109, as renumbered and amended by Laws of Utah 1998, Chapter 270
1329 72-2-111, as renumbered and amended by Laws of Utah 1998, Chapter 270
1330 72-2-113, as renumbered and amended by Laws of Utah 1998, Chapter 270
1331 72-2-117, as last amended by Laws of Utah 2007, Chapter 201
1332 72-2-122, as enacted by Laws of Utah 2002, Chapter 98
1333 72-2-123, as enacted by Laws of Utah 2004, Chapter 8
1334 72-2-202, as renumbered and amended by Laws of Utah 1998, Chapter 270
1335 72-2-203, as renumbered and amended by Laws of Utah 1998, Chapter 270
1336 72-2-204, as last amended by Laws of Utah 2005, Chapter 105
1337 72-3-109, as last amended by Laws of Utah 2001, Chapter 61
1338 72-3-207, as last amended by Laws of Utah 2007, Chapter 126
1339 72-4-102, as last amended by Laws of Utah 2006, Chapter 20
1340 72-4-102.5, as last amended by Laws of Utah 2005, Chapter 245
1341 72-4-303, as enacted by Laws of Utah 2004, Chapter 172
1342 72-5-203, as last amended by Laws of Utah 2003, Chapter 192
1343 72-5-306, as last amended by Laws of Utah 2005, Chapter 102
1344 72-5-309, as last amended by Laws of Utah 2006, Chapter 9
1345 72-5-405, as enacted by Laws of Utah 2000, Chapter 34
1346 72-5-406, as enacted by Laws of Utah 2000, Chapter 34
1347 72-6-107, as last amended by Laws of Utah 2005, Chapter 25
1348 72-6-108, as last amended by Laws of Utah 1999, Chapter 365
1349 72-6-111, as last amended by Laws of Utah 1998, Chapter 335 and renumbered and
1350 amended by Laws of Utah 1998, Chapter 270
1351 72-6-116, as last amended by Laws of Utah 2000, Chapter 347
1352 72-6-118, as last amended by Laws of Utah 2006, Chapter 36
1353 72-6-119, as enacted by Laws of Utah 2001, Chapter 51
1354 72-6-120, as enacted by Laws of Utah 2007, Chapter 333
1355 72-6-204, as enacted by Laws of Utah 2006, Chapter 36
1356 72-6-205, as enacted by Laws of Utah 2006, Chapter 36
1357 72-7-102, as last amended by Laws of Utah 2003, Chapter 253
1358 72-7-104, as renumbered and amended by Laws of Utah 1998, Chapter 270
1359 72-7-107, as last amended by Laws of Utah 2005, Chapter 2
1360 72-7-108, as last amended by Laws of Utah 2003, Chapter 253
1361 72-7-203, as renumbered and amended by Laws of Utah 1998, Chapter 270
1362 72-7-205, as renumbered and amended by Laws of Utah 1998, Chapter 270
1363 72-7-206, as last amended by Laws of Utah 2004, Chapter 352
1364 72-7-207, as last amended by Laws of Utah 2004, Chapter 352
1365 72-7-209, as renumbered and amended by Laws of Utah 1998, Chapter 270
1366 72-7-402, as last amended by Laws of Utah 2002, Chapter 151
1367 72-7-406, as last amended by Laws of Utah 2006, Chapter 212
1368 72-7-407, as last amended by Laws of Utah 2005, Chapter 2
1369 72-7-504, as last amended by Laws of Utah 2005, Chapter 148
1370 72-7-506, as renumbered and amended by Laws of Utah 1998, Chapter 270
1371 72-7-507, as renumbered and amended by Laws of Utah 1998, Chapter 270
1372 72-7-508, as last amended by Laws of Utah 2006, Chapter 45
1373 72-9-103, as renumbered and amended by Laws of Utah 1998, Chapter 270
1374 72-9-502, as last amended by Laws of Utah 2005, Chapter 161
1375 72-9-602, as last amended by Laws of Utah 2005, Chapter 2
1376 72-9-603, as last amended by Laws of Utah 2005, Chapter 2
1377 72-10-103, as last amended by Laws of Utah 1998, Chapter 365 and renumbered and
1378 amended by Laws of Utah 1998, Chapter 270
1379 72-10-107, as renumbered and amended by Laws of Utah 1998, Chapter 270
1380 72-10-116, as last amended by Laws of Utah 1998, Chapter 365 and renumbered and
1381 amended by Laws of Utah 1998, Chapter 270
1382 72-10-117, as last amended by Laws of Utah 1998, Chapter 365 and renumbered and
1383 amended by Laws of Utah 1998, Chapter 270
1384 72-11-203, as renumbered and amended by Laws of Utah 1999, Chapter 195
1385 72-11-208, as renumbered and amended by Laws of Utah 1999, Chapter 195
1386 72-11-210, as renumbered and amended by Laws of Utah 1999, Chapter 195
1387 73-1-4, as last amended by Laws of Utah 2007, Chapters 136, and 329
1388 73-2-1, as last amended by Laws of Utah 2007, Chapter 329
1389 73-2-1.5, as last amended by Laws of Utah 2005, Chapter 33
1390 73-2-14, as last amended by Laws of Utah 2007, Chapter 314
1391 73-2-25, as last amended by Laws of Utah 2007, Chapter 136
1392 73-3-14, as last amended by Laws of Utah 1987, Chapter 161
1393 73-3-25, as last amended by Laws of Utah 2004, Chapter 191
1394 73-3-29, as last amended by Laws of Utah 2005, Chapter 215
1395 73-3a-104, as enacted by Laws of Utah 1991, Chapter 234
1396 73-3a-105, as enacted by Laws of Utah 1991, Chapter 234
1397 73-3b-104, as enacted by Laws of Utah 1991, Chapter 146
1398 73-3b-105, as enacted by Laws of Utah 1991, Chapter 146
1399 73-3b-201, as last amended by Laws of Utah 1995, Chapter 28
1400 73-3b-204, as last amended by Laws of Utah 1995, Chapter 28
1401 73-3b-302, as last amended by Laws of Utah 1995, Chapter 28
1402 73-3c-301, as enacted by Laws of Utah 2006, Chapter 179
1403 73-3c-302, as enacted by Laws of Utah 2006, Chapter 179
1404 73-5-15, as last amended by Laws of Utah 2007, Chapters 179, and 329
1405 73-10-27, as last amended by Laws of Utah 2005, Chapter 25
1406 73-10c-4.1, as enacted by Laws of Utah 2001, Chapter 12
1407 73-10c-4.2, as enacted by Laws of Utah 2001, Chapter 12
1408 73-10c-4.5, as last amended by Laws of Utah 2007, Chapter 142
1409 73-10c-8, as last amended by Laws of Utah 1991, Chapter 112
1410 73-10c-10, as enacted by Laws of Utah 2007, Chapter 142
1411 73-18-4, as last amended by Laws of Utah 1998, Chapter 205
1412 73-18-7, as last amended by Laws of Utah 2007, Chapter 15
1413 73-18-13.5, as last amended by Laws of Utah 2006, Chapter 211
1414 73-18-19, as last amended by Laws of Utah 1987, Chapter 99
1415 73-18-25, as last amended by Laws of Utah 2007, Chapter 281
1416 73-18a-4, as last amended by Laws of Utah 1991, Chapter 112
1417 73-18a-5, as last amended by Laws of Utah 1991, Chapter 112
1418 73-18a-12, as last amended by Laws of Utah 1991, Chapter 112
1419 73-18c-201, as enacted by Laws of Utah 1997, Chapter 348
1420 73-18c-306, as last amended by Laws of Utah 2006, Chapter 211
1421 73-22-5, as last amended by Laws of Utah 1987, Chapter 161
1422 73-23-3, as enacted by Laws of Utah 1986, Second Special Session, Chapter 6
1423 73-26-402, as enacted by Laws of Utah 1991, Chapter 251
1424 73-26-403, as last amended by Laws of Utah 2005, Chapter 102
1425 73-28-104, as enacted by Laws of Utah 2006, Chapter 216
1426 73-28-404, as enacted by Laws of Utah 2006, Chapter 216
1427 75-2a-106 (Effective 01/01/08), as enacted by Laws of Utah 2007, Chapter 31
1428 76-6-513, as last amended by Laws of Utah 2004, Chapter 267
1429 76-7-317.1, as enacted by Laws of Utah 1991, Chapter 288
1430 76-8-311.3, as last amended by Laws of Utah 2004, Chapters 36, and 280
1431 76-8-317, as enacted by Laws of Utah 2006, Chapter 286
1432 76-8-1101, as last amended by Laws of Utah 2004, Chapter 67
1433 76-10-526, as last amended by Laws of Utah 2004, Chapter 360
1434 76-10-1209, as last amended by Laws of Utah 1995, Chapter 28
1435 76-10-1231, as last amended by Laws of Utah 2007, Chapter 337
1436 76-10-1234, as enacted by Laws of Utah 2007, Chapter 322
1437 76-10-1311, as last amended by Laws of Utah 2005, Chapter 102
1438 76-10-1602, as last amended by Laws of Utah 2007, Chapter 129
1439 77-2-4.2, as last amended by Laws of Utah 2006, Chapter 315
1440 77-2a-3, as last amended by Laws of Utah 2006, Chapter 341
1441 77-10a-5, as repealed and reenacted by Laws of Utah 1994, Chapter 218
1442 77-18-1, as last amended by Laws of Utah 2007, Chapter 218
1443 77-18-11, as last amended by Laws of Utah 2004, Chapter 228
1444 77-18-15, as last amended by Laws of Utah 1999, Chapter 227
1445 77-19-6, as last amended by Laws of Utah 2004, Chapters 6, and 51
1446 77-19-9, as last amended by Laws of Utah 2004, Chapter 6
1447 77-19-202, as last amended by Laws of Utah 2004, Chapter 6 and renumbered and
1448 amended by Laws of Utah 2004, Chapter 137
1449 77-22-2, as last amended by Laws of Utah 2000, Chapter 223
1450 77-27-7, as last amended by Laws of Utah 2001, First Special Session, Chapter 4
1451 77-27-9, as last amended by Laws of Utah 2007, Chapter 218
1452 77-27-10, as last amended by Laws of Utah 1996, Chapter 100
1453 77-27-21.5, as last amended by Laws of Utah 2007, Chapter 337
1454 77-28c-104, as enacted by Laws of Utah 2004, Chapter 239
1455 77-37-3, as last amended by Laws of Utah 2005, Chapter 13
1456 77-37-5, as last amended by Laws of Utah 2007, Chapter 300
1457 77-38-3, as last amended by Laws of Utah 2003, Chapter 171
1458 77-38a-401, as enacted by Laws of Utah 2001, Chapter 137
1459 78-2-2, as last amended by Laws of Utah 2001, Chapter 302
1460 78-2a-3, as last amended by Laws of Utah 2001, Chapters 255, and 302
1461 78-2a-6, as last amended by Laws of Utah 2005, Chapter 102
1462 78-3-4, as last amended by Laws of Utah 2004, Chapter 201
1463 78-3-24.1, as enacted by Laws of Utah 2005, First Special Session, Chapter 4
1464 78-3a-104, as last amended by Laws of Utah 2006, Chapters 55, 132, and 281
1465 78-3a-113, as last amended by Laws of Utah 2006, Chapter 281
1466 78-3a-114, as last amended by Laws of Utah 2006, Chapter 281
1467 78-3a-116, as last amended by Laws of Utah 2006, Chapters 55, and 281
1468 78-3a-118, as last amended by Laws of Utah 2006, Chapters 75, and 281
1469 78-3a-504, as last amended by Laws of Utah 2005, Chapter 156
1470 78-3a-505, as repealed and reenacted by Laws of Utah 1997, Chapter 365
1471 78-3a-904, as last amended by Laws of Utah 2006, Chapter 281
1472 78-3a-912, as last amended by Laws of Utah 2006, Chapter 281
1473 78-3g-102, as last amended by Laws of Utah 2003, Chapter 94
1474 78-5-116, as last amended by Laws of Utah 2004, Chapters 273, and 349
1475 78-5-116.5, as enacted by Laws of Utah 2004, Chapter 301
1476 78-6-14, as last amended by Laws of Utah 2001, Chapter 46
1477 78-7-35, as last amended by Laws of Utah 2007, Chapters 301, and 326
1478 78-8-107, as last amended by Laws of Utah 2006, Chapter 34
1479 78-12-29, as last amended by Laws of Utah 2006, Chapter 274
1480 78-14-12, as last amended by Laws of Utah 2002, Chapter 256
1481 78-17-3, as last amended by Laws of Utah 2004, Chapter 267
1482 78-19-1, as last amended by Laws of Utah 2004, Chapter 267
1483 78-27-37, as last amended by Laws of Utah 2005, Chapter 102
1484 78-27-43, as last amended by Laws of Utah 2005, Chapter 102
1485 78-27a-6, as enacted by Laws of Utah 1983, Chapter 298
1486 78-31b-8, as last amended by Laws of Utah 2004, Chapter 90
1487 78-31c-106, as enacted by Laws of Utah 2006, Chapter 33
1488 78-31c-108, as enacted by Laws of Utah 2006, Chapter 33
1489 78-32-17, as last amended by Laws of Utah 2001, Chapter 255
1490 78-35a-202, as enacted by Laws of Utah 1997, Chapter 76
1491 78-45-7.3, as last amended by Laws of Utah 2000, Chapter 161
1492 78-45g-104, as enacted by Laws of Utah 2005, Chapter 150
1493 78-45g-313, as enacted by Laws of Utah 2005, Chapter 150
1494 78-45g-407, as enacted by Laws of Utah 2005, Chapter 150
1495 78-45g-511, as enacted by Laws of Utah 2005, Chapter 150
1496 78-45g-601, as enacted by Laws of Utah 2005, Chapter 150
1497 78-57-108, as enacted by Laws of Utah 1999, Chapter 94
1498 78-61-101, as enacted by Laws of Utah 2004, Chapter 368
1499 ENACTS:
1500 51-9-101, Utah Code Annotated 1953
1501 52-6-101, Utah Code Annotated 1953
1502 52-7-101, Utah Code Annotated 1953
1503 63G-1-101, Utah Code Annotated 1953
1504 63G-6-101, Utah Code Annotated 1953
1505 63G-8-101, Utah Code Annotated 1953
1506 63G-9-101, Utah Code Annotated 1953
1507 63G-10-101, Utah Code Annotated 1953
1508 63I-2-101, Utah Code Annotated 1953
1509 63I-4-101, Utah Code Annotated 1953
1510 63J-5-101, Utah Code Annotated 1953
1511 63J-6-101, Utah Code Annotated 1953
1512 63K-2-101, Utah Code Annotated 1953
1513 63K-3-101, Utah Code Annotated 1953
1514 63K-4-101, Utah Code Annotated 1953
1515 63L-1-101, Utah Code Annotated 1953
1516 63L-2-101, Utah Code Annotated 1953
1517 63L-4-101, Utah Code Annotated 1953
1518 63M-3-101, Utah Code Annotated 1953
1519 63M-5-101, Utah Code Annotated 1953
1520 63M-6-101, Utah Code Annotated 1953
1521 63M-7-101, Utah Code Annotated 1953
1522 63M-8-101, Utah Code Annotated 1953
1523 RENUMBERS AND AMENDS:
1524 19-11-101, (Renumbered from 63-41-1, as enacted by Laws of Utah 1969, First Special
1525 Session, Chapter 6)
1526 19-11-102, (Renumbered from 63-41-2, as enacted by Laws of Utah 1969, First Special
1527 Session, Chapter 6)
1528 19-11-201, (Renumbered from 63-41-3, as enacted by Laws of Utah 1969, First Special
1529 Session, Chapter 6)
1530 19-11-301, (Renumbered from 63-41-4, as last amended by Laws of Utah 1979,
1531 Chapter 220)
1532 19-11-302, (Renumbered from 63-41-5, as last amended by Laws of Utah 1984,
1533 Chapter 67)
1534 19-11-401, (Renumbered from 63-41-6, as enacted by Laws of Utah 1969, First Special
1535 Session, Chapter 6)
1536 51-7-3.5, (Renumbered from 63-13-1, Utah Code Annotated 1953)
1537 51-9-201, (Renumbered from 63-97-201, as last amended by Laws of Utah 2005,
1538 Chapter 275)
1539 51-9-202, (Renumbered from 63-97-301, as last amended by Laws of Utah 2007,
1540 Chapter 384)
1541 51-9-203, (Renumbered from 63-97-401, as last amended by Laws of Utah 2002,
1542 Chapter 119)
1543 51-9-301, (Renumbered from 63-97a-101, as enacted by Laws of Utah 2007, Chapter
1544 384)
1545 51-9-302, (Renumbered from 63-97a-102, as enacted by Laws of Utah 2007, Chapter
1546 384)
1547 51-9-303, (Renumbered from 63-97a-201, as enacted by Laws of Utah 2007, Chapter
1548 384)
1549 51-9-304, (Renumbered from 63-97a-202, as enacted by Laws of Utah 2007, Chapter
1550 384)
1551 51-9-401, (Renumbered from 63-63a-1, as last amended by Laws of Utah 2005,
1552 Chapter 2)
1553 51-9-402, (Renumbered from 63-63a-2, as last amended by Laws of Utah 2007,
1554 Chapter 330)
1555 51-9-403, (Renumbered from 63-63a-3, as last amended by Laws of Utah 1999,
1556 Chapter 141)
1557 51-9-404, (Renumbered from 63-63a-4, as last amended by Laws of Utah 2002, Fifth
1558 Special Session, Chapter 12)
1559 51-9-405, (Renumbered from 63-63a-5, as last amended by Laws of Utah 1998,
1560 Chapter 171)
1561 51-9-406, (Renumbered from 63-63a-6, as last amended by Laws of Utah 1993,
1562 Chapter 156)
1563 51-9-407, (Renumbered from 63-63a-7, as last amended by Laws of Utah 2002, Fifth
1564 Special Session, Chapter 8)
1565 51-9-408, (Renumbered from 63-63a-8, as last amended by Laws of Utah 2007,
1566 Chapter 326)
1567 51-9-409, (Renumbered from 63-63a-8.5, as enacted by Laws of Utah 1997, Chapter
1568 194)
1569 51-9-410, (Renumbered from 63-63a-9, as last amended by Laws of Utah 1998,
1570 Chapter 263)
1571 51-9-411, (Renumbered from 63-63a-10, as enacted by Laws of Utah 2007, Chapter
1572 330)
1573 51-9-501, (Renumbered from 63-88-101, as last amended by Laws of Utah 2000,
1574 Chapter 281)
1575 51-9-502, (Renumbered from 63-88-102, as last amended by Laws of Utah 2001,
1576 Chapter 175)
1577 51-9-503, (Renumbered from 63-88-103, as last amended by Laws of Utah 2005,
1578 Chapter 258)
1579 51-9-504, (Renumbered from 63-88-104, as last amended by Laws of Utah 1993,
1580 Chapter 4)
1581 51-9-505, (Renumbered from 63-88-105, as last amended by Laws of Utah 2000,
1582 Chapter 281)
1583 51-9-506, (Renumbered from 63-88-106, as last amended by Laws of Utah 2000,
1584 Chapter 281)
1585 51-9-507, (Renumbered from 63-88-107, as last amended by Laws of Utah 2006,
1586 Chapters 14, and 296)
1587 51-9-601, (Renumbered from 63-12-1, Utah Code Annotated 1953)
1588 51-9-602, (Renumbered from 63-12-2, Utah Code Annotated 1953)
1589 51-9-603, (Renumbered from 63-12-4, as last amended by Laws of Utah 1993, Chapter
1590 227)
1591 52-6-102, (Renumbered from 63-30a-1, as enacted by Laws of Utah 1977, Chapter 245)
1592 52-6-201, (Renumbered from 63-30a-2, as last amended by Laws of Utah 1998,
1593 Chapter 307)
1594 52-6-202, (Renumbered from 63-30a-3, as last amended by Laws of Utah 2004,
1595 Chapter 267)
1596 52-7-102, (Renumbered from 63-30c-1, as last amended by Laws of Utah 1996,
1597 Chapter 198)
1598 52-7-201, (Renumbered from 63-30c-2, as enacted by Laws of Utah 1987, First Special
1599 Session, Chapter 19)
1600 52-7-202, (Renumbered from 63-30c-3, as enacted by Laws of Utah 1987, First Special
1601 Session, Chapter 19)
1602 52-7-203, (Renumbered from 63-30c-4, as enacted by Laws of Utah 1987, First Special
1603 Session, Chapter 19)
1604 52-7-204, (Renumbered from 63-30c-5, as enacted by Laws of Utah 1987, First Special
1605 Session, Chapter 19)
1606 52-7-301, (Renumbered from 63-30c-6, as enacted by Laws of Utah 1987, First Special
1607 Session, Chapter 19)
1608 52-8-101, (Renumbered from 63-93-101, as enacted by Laws of Utah 1997, Chapter
1609 256)
1610 52-8-102, (Renumbered from 63-93-102, as last amended by Laws of Utah 2007,
1611 Chapter 329)
1612 52-8-201, (Renumbered from 63-93-201, as last amended by Laws of Utah 1998,
1613 Chapter 310)
1614 52-8-202, (Renumbered from 63-93-202, as last amended by Laws of Utah 1998,
1615 Chapter 310)
1616 52-9-101, (Renumbered from 63-96-101, as enacted by Laws of Utah 1998, Chapter
1617 341)
1618 52-9-102, (Renumbered from 63-96-102, as last amended by Laws of Utah 2007,
1619 Chapter 329)
1620 52-9-201, (Renumbered from 63-96-103, as last amended by Laws of Utah 1999,
1621 Chapter 45)
1622 53-5a-101, (Renumbered from 63-98-101, as enacted by Laws of Utah 2004, Chapter
1623 264)
1624 53-5a-102, (Renumbered from 63-98-102, as enacted by Laws of Utah 2004, Chapter
1625 264)
1626 53-15-101, (Renumbered from 63-94-101, as enacted by Laws of Utah 1997, Chapter
1627 320)
1628 53-15-102, (Renumbered from 63-94-102, as enacted by Laws of Utah 1997, Chapter
1629 320)
1630 53-15-201, (Renumbered from 63-94-103, as enacted by Laws of Utah 1997, Chapter
1631 320)
1632 53-15-202, (Renumbered from 63-94-104, as enacted by Laws of Utah 1997, Chapter
1633 320)
1634 63A-5-501, (Renumbered from 63-9-21, as enacted by Laws of Utah 1965, Chapter
1635 146)
1636 63A-5-502, (Renumbered from 63-9-22, as enacted by Laws of Utah 1965, Chapter
1637 146)
1638 63A-5-601, (Renumbered from 63-9-63, as last amended by Laws of Utah 2006,
1639 Chapter 278)
1640 63A-5-701, (Renumbered from 63-9-67, as last amended by Laws of Utah 2006,
1641 Chapter 278)
1642 63A-5-801, (Renumbered from 63-9-68, as enacted by Laws of Utah 2007, Chapter
1643 118)
1644 63A-12-101, (Renumbered from 63-2-901, as last amended by Laws of Utah 2007,
1645 Chapter 249)
1646 63A-12-102, (Renumbered from 63-2-902, as last amended by Laws of Utah 1996,
1647 Chapter 31)
1648 63A-12-103, (Renumbered from 63-2-903, as last amended by Laws of Utah 2006,
1649 Chapter 300)
1650 63A-12-104, (Renumbered from 63-2-904, as last amended by Laws of Utah 1992,
1651 Chapter 280)
1652 63A-12-105, (Renumbered from 63-2-905, as last amended by Laws of Utah 1994,
1653 Chapter 99)
1654 63A-12-106, (Renumbered from 63-2-906, as last amended by Laws of Utah 1992,
1655 Chapter 280)
1656 63A-12-107, (Renumbered from 63-2-907, as enacted by Laws of Utah 1991, Chapter
1657 259)
1658 63A-12-108, (Renumbered from 63-2-908, as last amended by Laws of Utah 1997,
1659 Chapter 135)
1660 63B-1b-101, (Renumbered from 63-65-1, as enacted by Laws of Utah 1986, Chapter
1661 35)
1662 63B-1b-102, (Renumbered from 63-65-2, as last amended by Laws of Utah 2007,
1663 Chapter 306)
1664 63B-1b-201, (Renumbered from 63-65-3, as last amended by Laws of Utah 2003,
1665 Chapter 313)
1666 63B-1b-202, (Renumbered from 63-65-4, as last amended by Laws of Utah 2005,
1667 Chapters 151, and 200)
1668 63B-1b-301, (Renumbered from 63-65-5, as last amended by Laws of Utah 2003,
1669 Chapter 313)
1670 63B-1b-302, (Renumbered from 63-65-6, as last amended by Laws of Utah 2003,
1671 Chapter 313)
1672 63B-1b-401, (Renumbered from 63-65-7, as last amended by Laws of Utah 2003,
1673 Chapter 313)
1674 63B-1b-402, (Renumbered from 63-65-8, as last amended by Laws of Utah 2003,
1675 Chapter 313)
1676 63B-1b-501, (Renumbered from 63-65-8.1, as enacted by Laws of Utah 2003, Chapter
1677 313)
1678 63B-1b-601, (Renumbered from 63-65-8.2, as last amended by Laws of Utah 2004,
1679 Chapter 25)
1680 63B-1b-701, (Renumbered from 63-65-9, as last amended by Laws of Utah 2003,
1681 Chapter 313)
1682 63G-1-201, (Renumbered from 63-13-1.5, as enacted by Statewide Initiative A, Nov. 7,
1683 2000)
1684 63G-1-301, (Renumbered from 63-13-2, as last amended by Laws of Utah 2006,
1685 Chapter 139)
1686 63G-1-401, (Renumbered from 63-13-5.6, as last amended by Laws of Utah 2007,
1687 Chapters 16, and 173)
1688 63G-1-501, (Renumbered from 63-13-5, Utah Code Annotated 1953)
1689 63G-1-601, (Renumbered from 63-13-5.5, as last amended by Laws of Utah 2003,
1690 Chapter 152)
1691 63G-2-101, (Renumbered from 63-2-101, as enacted by Laws of Utah 1991, Chapter
1692 259)
1693 63G-2-102, (Renumbered from 63-2-102, as last amended by Laws of Utah 1992,
1694 Chapter 280)
1695 63G-2-103, (Renumbered from 63-2-103, as last amended by Laws of Utah 2007,
1696 Chapter 329)
1697 63G-2-104, (Renumbered from 63-2-104, as last amended by Laws of Utah 1992,
1698 Chapter 280)
1699 63G-2-105, (Renumbered from 63-2-105, as enacted by Laws of Utah 1992, Chapter
1700 280)
1701 63G-2-106, (Renumbered from 63-2-106, as enacted by Laws of Utah 2002, Chapter
1702 166)
1703 63G-2-107, (Renumbered from 63-2-107, as enacted by Laws of Utah 2003, Chapter
1704 64)
1705 63G-2-201, (Renumbered from 63-2-201, as last amended by Laws of Utah 2006,
1706 Chapter 174)
1707 63G-2-202, (Renumbered from 63-2-202, as last amended by Laws of Utah 2005,
1708 Chapter 201)
1709 63G-2-203, (Renumbered from 63-2-203, as last amended by Laws of Utah 2006,
1710 Chapter 174)
1711 63G-2-204, (Renumbered from 63-2-204, as last amended by Laws of Utah 2006,
1712 Chapter 64)
1713 63G-2-205, (Renumbered from 63-2-205, as last amended by Laws of Utah 1992,
1714 Chapter 280)
1715 63G-2-206, (Renumbered from 63-2-206, as last amended by Laws of Utah 2006,
1716 Chapter 174)
1717 63G-2-207, (Renumbered from 63-2-207, as last amended by Laws of Utah 1998,
1718 Chapter 303)
1719 63G-2-301, (Renumbered from 63-2-301, as last amended by Laws of Utah 2006,
1720 Chapters 2, and 14)
1721 63G-2-302, (Renumbered from 63-2-302, as last amended by Laws of Utah 2006,
1722 Chapter 2)
1723 63G-2-303, (Renumbered from 63-2-302.5, as last amended by Laws of Utah 2003,
1724 Chapter 216)
1725 63G-2-304, (Renumbered from 63-2-303, as last amended by Laws of Utah 1992,
1726 Chapter 280)
1727 63G-2-305, (Renumbered from 63-2-304, as last amended by Laws of Utah 2007,
1728 Chapters 66, and 352)
1729 63G-2-306, (Renumbered from 63-2-305, as last amended by Laws of Utah 1992,
1730 Chapter 280)
1731 63G-2-307, (Renumbered from 63-2-306, as last amended by Laws of Utah 1992,
1732 Chapter 280)
1733 63G-2-308, (Renumbered from 63-2-307, as last amended by Laws of Utah 1992,
1734 Chapter 280)
1735 63G-2-309, (Renumbered from 63-2-308, as last amended by Laws of Utah 2005,
1736 Chapter 201)
1737 63G-2-310, (Renumbered from 63-2-909, as last amended by Laws of Utah 1995,
1738 Chapter 198)
1739 63G-2-401, (Renumbered from 63-2-401, as last amended by Laws of Utah 1992,
1740 Chapter 280)
1741 63G-2-402, (Renumbered from 63-2-402, as last amended by Laws of Utah 1992,
1742 Chapter 280)
1743 63G-2-403, (Renumbered from 63-2-403, as last amended by Laws of Utah 2006,
1744 Chapter 284)
1745 63G-2-404, (Renumbered from 63-2-404, as last amended by Laws of Utah 1995,
1746 Chapter 133)
1747 63G-2-405, (Renumbered from 63-2-405, as enacted by Laws of Utah 1992, Chapter
1748 280)
1749 63G-2-501, (Renumbered from 63-2-501, as last amended by Laws of Utah 2003,
1750 Chapter 153)
1751 63G-2-502, (Renumbered from 63-2-502, as last amended by Laws of Utah 1995,
1752 Chapter 133)
1753 63G-2-601, (Renumbered from 63-2-601, as last amended by Laws of Utah 2006,
1754 Chapter 261)
1755 63G-2-602, (Renumbered from 63-2-602, as last amended by Laws of Utah 1992,
1756 Chapter 280)
1757 63G-2-603, (Renumbered from 63-2-603, as last amended by Laws of Utah 1992,
1758 Chapter 280)
1759 63G-2-604, (Renumbered from 63-2-604, as enacted by Laws of Utah 2006, Chapter
1760 261)
1761 63G-2-701, (Renumbered from 63-2-701, as last amended by Laws of Utah 1994,
1762 Chapter 99)
1763 63G-2-702, (Renumbered from 63-2-702, as last amended by Laws of Utah 2006,
1764 Chapter 261)
1765 63G-2-703, (Renumbered from 63-2-703, as last amended by Laws of Utah 2006,
1766 Chapter 261)
1767 63G-2-801, (Renumbered from 63-2-801, as last amended by Laws of Utah 2006,
1768 Chapter 174)
1769 63G-2-802, (Renumbered from 63-2-802, as last amended by Laws of Utah 2005,
1770 Chapter 102)
1771 63G-2-803, (Renumbered from 63-2-803, as last amended by Laws of Utah 2002,
1772 Chapter 191)
1773 63G-2-804, (Renumbered from 63-2-804, as enacted by Laws of Utah 1992, Chapter
1774 280)
1775 63G-2-901, (Renumbered from 63-2-1001, as enacted by Laws of Utah 2001, Chapter
1776 254)
1777 63G-3-101, (Renumbered from 63-46a-1, as enacted by Laws of Utah 1985, Chapter
1778 158)
1779 63G-3-102, (Renumbered from 63-46a-2, as last amended by Laws of Utah 2007,
1780 Chapter 102)
1781 63G-3-201, (Renumbered from 63-46a-3, as last amended by Laws of Utah 2001,
1782 Chapter 138)
1783 63G-3-202, (Renumbered from 63-46a-3.5, as enacted by Laws of Utah 2003, Chapter
1784 197)
1785 63G-3-301, (Renumbered from 63-46a-4, as last amended by Laws of Utah 2007,
1786 Chapters 102, and 168)
1787 63G-3-302, (Renumbered from 63-46a-5, as last amended by Laws of Utah 1987,
1788 Chapter 241)
1789 63G-3-303, (Renumbered from 63-46a-6, as last amended by Laws of Utah 2001,
1790 Chapter 138)
1791 63G-3-304, (Renumbered from 63-46a-7, as last amended by Laws of Utah 2005,
1792 Chapter 48)
1793 63G-3-305, (Renumbered from 63-46a-9, as last amended by Laws of Utah 1998,
1794 Chapters 13, and 332)
1795 63G-3-401, (Renumbered from 63-46a-9.5, as enacted by Laws of Utah 1987, Chapter
1796 241)
1797 63G-3-402, (Renumbered from 63-46a-10, as last amended by Laws of Utah 2001,
1798 Chapter 138)
1799 63G-3-403, (Renumbered from 63-46a-10.5, as last amended by Laws of Utah 2005,
1800 Chapter 48)
1801 63G-3-501, (Renumbered from 63-46a-11, as last amended by Laws of Utah 2002,
1802 Chapter 185)
1803 63G-3-502, (Renumbered from 63-46a-11.5, as last amended by Laws of Utah 1998,
1804 Chapter 332)
1805 63G-3-601, (Renumbered from 63-46a-12, as last amended by Laws of Utah 2006,
1806 Chapter 141)
1807 63G-3-602, (Renumbered from 63-46a-12.1, as last amended by Laws of Utah 2001,
1808 Chapter 138)
1809 63G-3-603, (Renumbered from 63-46a-14, as last amended by Laws of Utah 1998,
1810 Chapter 332)
1811 63G-3-701, (Renumbered from 63-46a-16, as last amended by Laws of Utah 1992,
1812 Chapter 261)
1813 63G-3-702, (Renumbered from 63-46a-9.6, as enacted by Laws of Utah 1996, Chapter
1814 60)
1815 63G-4-101, (Renumbered from 63-46b-0.5, as enacted by Laws of Utah 1991, Chapter
1816 87)
1817 63G-4-102, (Renumbered from 63-46b-1, as last amended by Laws of Utah 2006,
1818 Chapter 187)
1819 63G-4-103, (Renumbered from 63-46b-2, as last amended by Laws of Utah 1988,
1820 Chapter 169)
1821 63G-4-104, (Renumbered from 63-46b-2.1, as enacted by Laws of Utah 2004, Chapter
1822 344)
1823 63G-4-105, (Renumbered from 63-46b-22, as last amended by Laws of Utah 1991,
1824 Chapter 5)
1825 63G-4-201, (Renumbered from 63-46b-3, as last amended by Laws of Utah 2007,
1826 Chapter 306)
1827 63G-4-202, (Renumbered from 63-46b-4, as enacted by Laws of Utah 1987, Chapter
1828 161)
1829 63G-4-203, (Renumbered from 63-46b-5, as last amended by Laws of Utah 1988,
1830 Chapter 72)
1831 63G-4-204, (Renumbered from 63-46b-6, as last amended by Laws of Utah 2001,
1832 Chapter 138)
1833 63G-4-205, (Renumbered from 63-46b-7, as enacted by Laws of Utah 1987, Chapter
1834 161)
1835 63G-4-206, (Renumbered from 63-46b-8, as last amended by Laws of Utah 2007,
1836 Chapter 306)
1837 63G-4-207, (Renumbered from 63-46b-9, as last amended by Laws of Utah 2001,
1838 Chapter 138)
1839 63G-4-208, (Renumbered from 63-46b-10, as last amended by Laws of Utah 2001,
1840 Chapter 138)
1841 63G-4-209, (Renumbered from 63-46b-11, as last amended by Laws of Utah 1988,
1842 Chapter 72)
1843 63G-4-301, (Renumbered from 63-46b-12, as last amended by Laws of Utah 2001,
1844 Chapter 138)
1845 63G-4-302, (Renumbered from 63-46b-13, as last amended by Laws of Utah 2001,
1846 Chapter 138)
1847 63G-4-401, (Renumbered from 63-46b-14, as last amended by Laws of Utah 1988,
1848 Chapter 72)
1849 63G-4-402, (Renumbered from 63-46b-15, as last amended by Laws of Utah 2001,
1850 Chapters 120, and 138)
1851 63G-4-403, (Renumbered from 63-46b-16, as last amended by Laws of Utah 1988,
1852 Chapter 72)
1853 63G-4-404, (Renumbered from 63-46b-17, as enacted by Laws of Utah 1987, Chapter
1854 161)
1855 63G-4-405, (Renumbered from 63-46b-18, as enacted by Laws of Utah 1987, Chapter
1856 161)
1857 63G-4-501, (Renumbered from 63-46b-19, as enacted by Laws of Utah 1987, Chapter
1858 161)
1859 63G-4-502, (Renumbered from 63-46b-20, as enacted by Laws of Utah 1987, Chapter
1860 161)
1861 63G-4-503, (Renumbered from 63-46b-21, as last amended by Laws of Utah 1988,
1862 Chapter 72)
1863 63G-4-601, (Renumbered from 63-46b-23, as enacted by Laws of Utah 2001, Chapter
1864 138)
1865 63G-5-101, (Renumbered from 63-46c-101, as enacted by Laws of Utah 2001, Chapter
1866 173)
1867 63G-5-102, (Renumbered from 63-46c-102, as enacted by Laws of Utah 2001, Chapter
1868 173)
1869 63G-5-201, (Renumbered from 63-46c-103, as enacted by Laws of Utah 2001, Chapter
1870 173)
1871 63G-5-301, (Renumbered from 63-46c-104, as enacted by Laws of Utah 2001, Chapter
1872 173)
1873 63G-6-102, (Renumbered from 63-56-101, as renumbered and amended by Laws of
1874 Utah 2005, Chapter 25)
1875 63G-6-103, (Renumbered from 63-56-105, as last amended by Laws of Utah 2005,
1876 Chapter 71 and renumbered and amended by Laws of Utah 2005, Chapter 25)
1877 63G-6-104, (Renumbered from 63-56-102, as last amended by Laws of Utah 2007,
1878 Chapter 329)
1879 63G-6-105, (Renumbered from 63-56-103, as renumbered and amended by Laws of
1880 Utah 2005, Chapter 25)
1881 63G-6-106, (Renumbered from 63-56-104, as renumbered and amended by Laws of
1882 Utah 2005, Chapter 25)
1883 63G-6-201, (Renumbered from 63-56-201, as last amended by Laws of Utah 2007,
1884 Chapter 329)
1885 63G-6-202, (Renumbered from 63-56-202, as renumbered and amended by Laws of
1886 Utah 2005, Chapter 25)
1887 63G-6-203, (Renumbered from 63-56-203, as renumbered and amended by Laws of
1888 Utah 2005, Chapter 25)
1889 63G-6-204, (Renumbered from 63-56-204, as last amended by Laws of Utah 2005,
1890 Chapter 169 and renumbered and amended by Laws of Utah 2005, Chapter 25)
1891 63G-6-205, (Renumbered from 63-56-205, as renumbered and amended by Laws of
1892 Utah 2005, Chapter 25)
1893 63G-6-206, (Renumbered from 63-56-206, as renumbered and amended by Laws of
1894 Utah 2005, Chapter 25)
1895 63G-6-207, (Renumbered from 63-56-207, as renumbered and amended by Laws of
1896 Utah 2005, Chapter 25)
1897 63G-6-208, (Renumbered from 63-56-208, as renumbered and amended by Laws of
1898 Utah 2005, Chapter 25)
1899 63G-6-209, (Renumbered from 63-56-209, as renumbered and amended by Laws of
1900 Utah 2005, Chapter 25)
1901 63G-6-301, (Renumbered from 63-56-301, as renumbered and amended by Laws of
1902 Utah 2005, Chapter 25)
1903 63G-6-302, (Renumbered from 63-56-302, as renumbered and amended by Laws of
1904 Utah 2005, Chapter 25)
1905 63G-6-303, (Renumbered from 63-56-303, as renumbered and amended by Laws of
1906 Utah 2005, Chapter 25)
1907 63G-6-401, (Renumbered from 63-56-401, as renumbered and amended by Laws of
1908 Utah 2005, Chapter 25)
1909 63G-6-402, (Renumbered from 63-56-402, as renumbered and amended by Laws of
1910 Utah 2005, Chapter 25)
1911 63G-6-403, (Renumbered from 63-56-403, as renumbered and amended by Laws of
1912 Utah 2005, Chapter 25)
1913 63G-6-404, (Renumbered from 63-56-404, as renumbered and amended by Laws of
1914 Utah 2005, Chapter 25)
1915 63G-6-405, (Renumbered from 63-56-405, as renumbered and amended by Laws of
1916 Utah 2005, Chapter 25)
1917 63G-6-406, (Renumbered from 63-56-406, as renumbered and amended by Laws of
1918 Utah 2005, Chapter 25)
1919 63G-6-407, (Renumbered from 63-56-407, as renumbered and amended by Laws of
1920 Utah 2005, Chapter 25)
1921 63G-6-408, (Renumbered from 63-56-408, as renumbered and amended by Laws of
1922 Utah 2005, Chapter 25)
1923 63G-6-409, (Renumbered from 63-56-409, as last amended by Laws of Utah 2006,
1924 Chapter 46)
1925 63G-6-410, (Renumbered from 63-56-410, as renumbered and amended by Laws of
1926 Utah 2005, Chapter 25)
1927 63G-6-411, (Renumbered from 63-56-411, as renumbered and amended by Laws of
1928 Utah 2005, Chapter 25)
1929 63G-6-412, (Renumbered from 63-56-412, as renumbered and amended by Laws of
1930 Utah 2005, Chapter 25)
1931 63G-6-413, (Renumbered from 63-56-413, as renumbered and amended by Laws of
1932 Utah 2005, Chapter 25)
1933 63G-6-414, (Renumbered from 63-56-414, as renumbered and amended by Laws of
1934 Utah 2005, Chapter 25)
1935 63G-6-415, (Renumbered from 63-56-415, as renumbered and amended by Laws of
1936 Utah 2005, Chapter 25)
1937 63G-6-416, (Renumbered from 63-56-416, as renumbered and amended by Laws of
1938 Utah 2005, Chapter 25)
1939 63G-6-417, (Renumbered from 63-56-417, as renumbered and amended by Laws of
1940 Utah 2005, Chapter 25)
1941 63G-6-418, (Renumbered from 63-56-418, as renumbered and amended by Laws of
1942 Utah 2005, Chapter 25)
1943 63G-6-419, (Renumbered from 63-56-419, as renumbered and amended by Laws of
1944 Utah 2005, Chapter 25)
1945 63G-6-420, (Renumbered from 63-56-420, as renumbered and amended by Laws of
1946 Utah 2005, Chapter 25)
1947 63G-6-421, (Renumbered from 63-56-421, as renumbered and amended by Laws of
1948 Utah 2005, Chapter 25)
1949 63G-6-422, (Renumbered from 63-56-422, as renumbered and amended by Laws of
1950 Utah 2005, Chapter 25)
1951 63G-6-423, (Renumbered from 63-56-423, as renumbered and amended by Laws of
1952 Utah 2005, Chapter 25)
1953 63G-6-424, (Renumbered from 63-56-424, as renumbered and amended by Laws of
1954 Utah 2005, Chapter 25)
1955 63G-6-425, (Renumbered from 63-56-425, as last amended by Laws of Utah 2006,
1956 Chapter 32)
1957 63G-6-426, (Renumbered from 63-56-426, as enacted by Laws of Utah 2006, Chapter
1958 66)
1959 63G-6-501, (Renumbered from 63-56-501, as renumbered and amended by Laws of
1960 Utah 2005, Chapter 25)
1961 63G-6-502, (Renumbered from 63-56-502, as last amended by Laws of Utah 2006,
1962 Chapter 319)
1963 63G-6-503, (Renumbered from 63-56-502.5, as enacted by Laws of Utah 2006, Chapter
1964 36)
1965 63G-6-504, (Renumbered from 63-56-503, as renumbered and amended by Laws of
1966 Utah 2005, Chapter 25)
1967 63G-6-505, (Renumbered from 63-56-504, as renumbered and amended by Laws of
1968 Utah 2005, Chapter 25)
1969 63G-6-506, (Renumbered from 63-56-505, as renumbered and amended by Laws of
1970 Utah 2005, Chapter 25)
1971 63G-6-507, (Renumbered from 63-56-506, as renumbered and amended by Laws of
1972 Utah 2005, Chapter 25)
1973 63G-6-601, (Renumbered from 63-56-601, as renumbered and amended by Laws of
1974 Utah 2005, Chapter 25)
1975 63G-6-602, (Renumbered from 63-56-602, as renumbered and amended by Laws of
1976 Utah 2005, Chapter 25)
1977 63G-6-701, (Renumbered from 63-56-701, as renumbered and amended by Laws of
1978 Utah 2005, Chapter 25)
1979 63G-6-702, (Renumbered from 63-56-702, as renumbered and amended by Laws of
1980 Utah 2005, Chapter 25)
1981 63G-6-703, (Renumbered from 63-56-703, as renumbered and amended by Laws of
1982 Utah 2005, Chapter 25)
1983 63G-6-704, (Renumbered from 63-56-704, as renumbered and amended by Laws of
1984 Utah 2005, Chapter 25)
1985 63G-6-705, (Renumbered from 63-56-705, as renumbered and amended by Laws of
1986 Utah 2005, Chapter 25)
1987 63G-6-801, (Renumbered from 63-56-801, as renumbered and amended by Laws of
1988 Utah 2005, Chapter 25)
1989 63G-6-802, (Renumbered from 63-56-802, as renumbered and amended by Laws of
1990 Utah 2005, Chapter 25)
1991 63G-6-803, (Renumbered from 63-56-803, as renumbered and amended by Laws of
1992 Utah 2005, Chapter 25)
1993 63G-6-804, (Renumbered from 63-56-804, as renumbered and amended by Laws of
1994 Utah 2005, Chapter 25)
1995 63G-6-805, (Renumbered from 63-56-805, as renumbered and amended by Laws of
1996 Utah 2005, Chapter 25)
1997 63G-6-806, (Renumbered from 63-56-806, as last amended by Laws of Utah 2007,
1998 Chapter 306)
1999 63G-6-807, (Renumbered from 63-56-807, as renumbered and amended by Laws of
2000 Utah 2005, Chapter 25)
2001 63G-6-808, (Renumbered from 63-56-808, as renumbered and amended by Laws of
2002 Utah 2005, Chapter 25)
2003 63G-6-809, (Renumbered from 63-56-809, as renumbered and amended by Laws of
2004 Utah 2005, Chapter 25)
2005 63G-6-810, (Renumbered from 63-56-810, as renumbered and amended by Laws of
2006 Utah 2005, Chapter 25)
2007 63G-6-811, (Renumbered from 63-56-811, as renumbered and amended by Laws of
2008 Utah 2005, Chapter 25)
2009 63G-6-812, (Renumbered from 63-56-812, as renumbered and amended by Laws of
2010 Utah 2005, Chapter 25)
2011 63G-6-813, (Renumbered from 63-56-813, as renumbered and amended by Laws of
2012 Utah 2005, Chapter 25)
2013 63G-6-814, (Renumbered from 63-56-814, as renumbered and amended by Laws of
2014 Utah 2005, Chapter 25)
2015 63G-6-815, (Renumbered from 63-56-815, as renumbered and amended by Laws of
2016 Utah 2005, Chapter 25)
2017 63G-6-816, (Renumbered from 63-56-816, as renumbered and amended by Laws of
2018 Utah 2005, Chapter 25)
2019 63G-6-817, (Renumbered from 63-56-817, as renumbered and amended by Laws of
2020 Utah 2005, Chapter 25)
2021 63G-6-818, (Renumbered from 63-56-818, as renumbered and amended by Laws of
2022 Utah 2005, Chapter 25)
2023 63G-6-819, (Renumbered from 63-56-819, as renumbered and amended by Laws of
2024 Utah 2005, Chapter 25)
2025 63G-6-820, (Renumbered from 63-56-820, as renumbered and amended by Laws of
2026 Utah 2005, Chapter 25)
2027 63G-6-901, (Renumbered from 63-56-901, as renumbered and amended by Laws of
2028 Utah 2005, Chapter 25)
2029 63G-6-902, (Renumbered from 63-56-902, as renumbered and amended by Laws of
2030 Utah 2005, Chapter 25)
2031 63G-6-903, (Renumbered from 63-56-903, as renumbered and amended by Laws of
2032 Utah 2005, Chapter 25)
2033 63G-6-904, (Renumbered from 63-56-904, as renumbered and amended by Laws of
2034 Utah 2005, Chapter 25)
2035 63G-6-905, (Renumbered from 63-56-905, as renumbered and amended by Laws of
2036 Utah 2005, Chapter 25)
2037 63G-6-906, (Renumbered from 63-56-906, as renumbered and amended by Laws of
2038 Utah 2005, Chapter 25)
2039 63G-6-907, (Renumbered from 63-56-907, as renumbered and amended by Laws of
2040 Utah 2005, Chapter 25)
2041 63G-6-1001, (Renumbered from 63-56-1001, as renumbered and amended by Laws of
2042 Utah 2005, Chapter 25)
2043 63G-6-1002, (Renumbered from 63-56-1002, as renumbered and amended by Laws of
2044 Utah 2005, Chapter 25)
2045 63G-7-101, (Renumbered from 63-30d-101, as enacted by Laws of Utah 2004, Chapter
2046 267)
2047 63G-7-102, (Renumbered from 63-30d-102, as last amended by Laws of Utah 2007,
2048 Chapter 329)
2049 63G-7-201, (Renumbered from 63-30d-201, as enacted by Laws of Utah 2004, Chapter
2050 267)
2051 63G-7-202, (Renumbered from 63-30d-202, as enacted by Laws of Utah 2004, Chapter
2052 267)
2053 63G-7-203, (Renumbered from 63-30d-203, as last amended by Laws of Utah 2007,
2054 Chapter 306)
2055 63G-7-301, (Renumbered from 63-30d-301, as last amended by Laws of Utah 2007,
2056 Chapter 357)
2057 63G-7-302, (Renumbered from 63-30d-302, as enacted by Laws of Utah 2004, Chapter
2058 267)
2059 63G-7-401, (Renumbered from 63-30d-401, as last amended by Laws of Utah 2007,
2060 Chapter 329)
2061 63G-7-402, (Renumbered from 63-30d-402, as enacted by Laws of Utah 2004, Chapter
2062 267)
2063 63G-7-403, (Renumbered from 63-30d-403, as enacted by Laws of Utah 2004, Chapter
2064 267)
2065 63G-7-501, (Renumbered from 63-30d-501, as enacted by Laws of Utah 2004, Chapter
2066 267)
2067 63G-7-502, (Renumbered from 63-30d-502, as enacted by Laws of Utah 2004, Chapter
2068 267)
2069 63G-7-601, (Renumbered from 63-30d-601, as enacted by Laws of Utah 2004, Chapter
2070 267)
2071 63G-7-602, (Renumbered from 63-30d-602, as enacted by Laws of Utah 2004, Chapter
2072 267)
2073 63G-7-603, (Renumbered from 63-30d-603, as enacted by Laws of Utah 2004, Chapter
2074 267)
2075 63G-7-604, (Renumbered from 63-30d-604, as last amended by Laws of Utah 2007,
2076 Chapter 71)
2077 63G-7-701, (Renumbered from 63-30d-701, as enacted by Laws of Utah 2004, Chapter
2078 267)
2079 63G-7-702, (Renumbered from 63-30d-702, as enacted by Laws of Utah 2004, Chapter
2080 267)
2081 63G-7-703, (Renumbered from 63-30d-703, as enacted by Laws of Utah 2004, Chapter
2082 267)
2083 63G-7-704, (Renumbered from 63-30d-704, as enacted by Laws of Utah 2004, Chapter
2084 267)
2085 63G-7-801, (Renumbered from 63-30d-801, as enacted by Laws of Utah 2004, Chapter
2086 267)
2087 63G-7-802, (Renumbered from 63-30d-802, as enacted by Laws of Utah 2004, Chapter
2088 267)
2089 63G-7-803, (Renumbered from 63-30d-803, as enacted by Laws of Utah 2004, Chapter
2090 267)
2091 63G-7-804, (Renumbered from 63-30d-804, as enacted by Laws of Utah 2004, Chapter
2092 267)
2093 63G-7-805, (Renumbered from 63-30d-805, as enacted by Laws of Utah 2004, Chapter
2094 267)
2095 63G-7-901, (Renumbered from 63-30d-901, as enacted by Laws of Utah 2004, Chapter
2096 267)
2097 63G-7-902, (Renumbered from 63-30d-902, as enacted by Laws of Utah 2004, Chapter
2098 267)
2099 63G-7-903, (Renumbered from 63-30d-903, as enacted by Laws of Utah 2004, Chapter
2100 267)
2101 63G-7-904, (Renumbered from 63-30d-904, as enacted by Laws of Utah 2004, Chapter
2102 267)
2103 63G-8-102, (Renumbered from 63-30b-1, as enacted by Laws of Utah 1979, Chapter
2104 93)
2105 63G-8-201, (Renumbered from 63-30b-2, as enacted by Laws of Utah 1979, Chapter
2106 92)
2107 63G-8-202, (Renumbered from 63-30b-3, as last amended by Laws of Utah 2005,
2108 Chapter 102)
2109 63G-8-301, (Renumbered from 63-30b-4, as enacted by Laws of Utah 1979, Chapter
2110 93)
2111 63G-9-201, (Renumbered from 63-6-1, as last amended by Laws of Utah 2007, Chapter
2112 329)
2113 63G-9-202, (Renumbered from 63-6-1.5, as enacted by Laws of Utah 1987, Chapter
2114 161)
2115 63G-9-203, (Renumbered from 63-6-2, as last amended by Laws of Utah 1963, Chapter
2116 150)
2117 63G-9-204, (Renumbered from 63-6-3, Utah Code Annotated 1953)
2118 63G-9-205, (Renumbered from 63-6-4, Utah Code Annotated 1953)
2119 63G-9-206, (Renumbered from 63-6-5, Utah Code Annotated 1953)
2120 63G-9-207, (Renumbered from 63-6-6, Utah Code Annotated 1953)
2121 63G-9-301, (Renumbered from 63-6-10, as last amended by Laws of Utah 1987,
2122 Chapter 61)
2123 63G-9-302, (Renumbered from 63-6-11, as last amended by Laws of Utah 2006,
2124 Chapter 357)
2125 63G-9-303, (Renumbered from 63-6-12, as last amended by Laws of Utah 1995,
2126 Chapter 20)
2127 63G-9-304, (Renumbered from 63-6-13, as last amended by Laws of Utah 2006,
2128 Chapter 357)
2129 63G-9-305, (Renumbered from 63-6-14, Utah Code Annotated 1953)
2130 63G-9-306, (Renumbered from 63-6-16, as last amended by Laws of Utah 2006,
2131 Chapter 357)
2132 63G-9-401, (Renumbered from 63-6-17, Utah Code Annotated 1953)
2133 63G-10-102, (Renumbered from 63-38b-101, as last amended by Laws of Utah 2004,
2134 Chapter 60)
2135 63G-10-103, (Renumbered from 63-38b-102, as last amended by Laws of Utah 2002,
2136 Chapter 235)
2137 63G-10-201, (Renumbered from 63-38b-201, as renumbered and amended by Laws of
2138 Utah 2002, Chapter 235)
2139 63G-10-202, (Renumbered from 63-38b-202, as renumbered and amended by Laws of
2140 Utah 2002, Chapter 235)
2141 63G-10-301, (Renumbered from 63-38b-301, as enacted by Laws of Utah 2002,
2142 Chapter 235)
2143 63G-10-302, (Renumbered from 63-38b-302, as enacted by Laws of Utah 2002,
2144 Chapter 235)
2145 63G-10-303, (Renumbered from 63-38b-303, as enacted by Laws of Utah 2002,
2146 Chapter 235)
2147 63G-10-401, (Renumbered from 63-38b-401, as renumbered and amended by Laws of
2148 Utah 2002, Chapter 235)
2149 63I-1-101, (Renumbered from 63-55-101, as last amended by Laws of Utah 1997,
2150 Chapter 15)
2151 63I-1-102, (Renumbered from 63-55-102, as last amended by Laws of Utah 1997,
2152 Chapter 15)
2153 63I-1-103, (Renumbered from 63-55-103, as last amended by Laws of Utah 1997,
2154 Chapter 15)
2155 63I-1-104, (Renumbered from 63-55-104, as renumbered and amended by Laws of
2156 Utah 1990, Chapter 1)
2157 63I-1-105, (Renumbered from 63-55-105, as last amended by Laws of Utah 1993,
2158 Chapter 13)
2159 63I-1-106, (Renumbered from 63-55-106, as last amended by Laws of Utah 1993,
2160 Chapter 13)
2161 63I-1-209, (Renumbered from 63-55-209, as last amended by Laws of Utah 2006,
2162 Chapters 82, 86, and 223)
2163 63I-1-210, (Renumbered from 63-55-210, as last amended by Laws of Utah 2004,
2164 Chapter 90)
2165 63I-1-213, (Renumbered from 63-55-213, as last amended by Laws of Utah 2007,
2166 Chapter 216)
2167 63I-1-219, (Renumbered from 63-55-219, as last amended by Laws of Utah 2006,
2168 Chapters 82, and 187)
2169 63I-1-220, (Renumbered from 63-55-220, as last amended by Laws of Utah 2004,
2170 Chapter 37)
2171 63I-1-223, (Renumbered from 63-55-223, as last amended by Laws of Utah 2004,
2172 Chapter 90)
2173 63I-1-226, (Renumbered from 63-55-226, as last amended by Laws of Utah 2007,
2174 Chapter 24)
2175 63I-1-230, (Renumbered from 63-55-230, Utah Code Annotated 1953)
2176 63I-1-231, (Renumbered from 63-55-231, as last amended by Laws of Utah 2007,
2177 Chapter 216)
2178 63I-1-232, (Renumbered from 63-55-232, as last amended by Laws of Utah 1998,
2179 Chapter 175)
2180 63I-1-234, (Renumbered from 63-55-234, as last amended by Laws of Utah 2005,
2181 Chapter 289)
2182 63I-1-235, (Renumbered from 63-55-235, as last amended by Laws of Utah 2007,
2183 Chapter 216)
2184 63I-1-236, (Renumbered from 63-55-236, as last amended by Laws of Utah 2007,
2185 Chapters 39, and 216)
2186 63I-1-238, (Renumbered from 63-55-238, as enacted by Laws of Utah 2004, Chapter
2187 250)
2188 63I-1-241, (Renumbered from 63-55-241, as last amended by Laws of Utah 2005,
2189 Chapters 2, and 108)
2190 63I-1-253, (Renumbered from 63-55-253, as last amended by Laws of Utah 2007,
2191 Chapter 386)
2192 63I-1-254, (Renumbered from 63-55-254, as last amended by Laws of Utah 2000,
2193 Chapter 1)
2194 63I-1-258, (Renumbered from 63-55-258, as last amended by Laws of Utah 2007,
2195 Chapter 216)
2196 63I-1-259, (Renumbered from 63-55-259, as last amended by Laws of Utah 2007,
2197 Chapters 216, and 306)
2198 63I-1-261, (Renumbered from 63-55-261, as last amended by Laws of Utah 1999,
2199 Chapter 242)
2200 63I-1-262, (Renumbered from 63-55-262, as last amended by Laws of Utah 2007,
2201 Chapter 135)
2202 63I-1-263, (Renumbered from 63-55-263, as last amended by Laws of Utah 2007,
2203 Chapters 216, 306, and 317)
2204 63I-1-267, (Renumbered from 63-55-267, as last amended by Laws of Utah 2007,
2205 Chapters 39, and 216)
2206 63I-1-269, (Renumbered from 63-55-269, as enacted by Laws of Utah 2004, Chapter
2207 313)
2208 63I-1-272, (Renumbered from 63-55-272, as last amended by Laws of Utah 2004,
2209 Chapter 90)
2210 63I-1-273, (Renumbered from 63-55-273, as last amended by Laws of Utah 2003,
2211 Chapter 254)
2212 63I-1-277, (Renumbered from 63-55-277, as last amended by Laws of Utah 2004,
2213 Chapter 37)
2214 63I-1-278, (Renumbered from 63-55-278, as last amended by Laws of Utah 2007,
2215 Chapters 216, and 324)
2216 63I-2-210, (Renumbered from 63-55b-110, as last amended by Laws of Utah 2005,
2217 Chapter 28)
2218 63I-2-220, (Renumbered from 63-55b-120, as last amended by Laws of Utah 2003,
2219 Chapters 131, and 159)
2220 63I-2-223, (Renumbered from 63-55b-123, as last amended by Laws of Utah 2003,
2221 Chapter 131)
2222 63I-2-226, (Renumbered from 63-55b-126, as last amended by Laws of Utah 2007,
2223 Chapter 216)
2224 63I-2-231, (Renumbered from 63-55b-131, as last amended by Laws of Utah 2006,
2225 Chapter 82)
2226 63I-2-232, (Renumbered from 63-55b-132, as last amended by Laws of Utah 2005,
2227 Chapter 152)
2228 63I-2-234, (Renumbered from 63-55b-134, as last amended by Laws of Utah 2003,
2229 Chapter 131)
2230 63I-2-253, (Renumbered from 63-55b-153, as last amended by Laws of Utah 2007,
2231 Chapter 216)
2232 63I-2-254, (Renumbered from 63-55b-154, as last amended by Laws of Utah 2007,
2233 Chapter 306)
2234 63I-2-258, (Renumbered from 63-55b-158, as last amended by Laws of Utah 2006,
2235 Chapters 46, and 291)
2236 63I-2-259, (Renumbered from 63-55b-159, as last amended by Laws of Utah 2007,
2237 Chapter 306)
2238 63I-2-263, (Renumbered from 63-55b-163, as last amended by Laws of Utah 2007,
2239 Chapter 306)
2240 63I-2-264, (Renumbered from 63-55b-164, as last amended by Laws of Utah 2007,
2241 Chapter 353)
2242 63I-2-267, (Renumbered from 63-55b-167, as last amended by Laws of Utah 2004,
2243 Chapter 90)
2244 63I-2-272, (Renumbered from 63-55b-172, as last amended by Laws of Utah 2005,
2245 Second Special Session, Chapter 1)
2246 63I-2-276, (Renumbered from 63-55b-176, as last amended by Laws of Utah 2004,
2247 Chapter 90)
2248 63I-2-277, (Renumbered from 63-55b-177, as last amended by Laws of Utah 2006,
2249 Chapter 341)
2250 63I-2-278, (Renumbered from 63-55b-178, as last amended by Laws of Utah 2007,
2251 Chapters 216, 306, and 354)
2252 63I-3-101, (Renumbered from 63-54-101, as enacted by Laws of Utah 2006, Chapter
2253 248)
2254 63I-3-102, (Renumbered from 63-54-102, as enacted by Laws of Utah 2006, Chapter
2255 248)
2256 63I-3-201, (Renumbered from 63-54-103, as last amended by Laws of Utah 2007,
2257 Chapter 273)
2258 63I-3-202, (Renumbered from 63-54-104, as renumbered and amended by Laws of
2259 Utah 2006, Chapter 248)
2260 63I-3-203, (Renumbered from 63-54-105, as renumbered and amended by Laws of
2261 Utah 2006, Chapter 248)
2262 63I-3-204, (Renumbered from 63-54-106, as renumbered and amended by Laws of
2263 Utah 2006, Chapter 248)
2264 63I-3-205, (Renumbered from 63-54-107, as renumbered and amended by Laws of
2265 Utah 2006, Chapter 248)
2266 63I-3-206, (Renumbered from 63-54-108, as renumbered and amended by Laws of
2267 Utah 2006, Chapter 248)
2268 63I-3-207, (Renumbered from 63-54-109, as renumbered and amended by Laws of
2269 Utah 2006, Chapter 248)
2270 63I-4-102, (Renumbered from 63-55a-1, as last amended by Laws of Utah 2003,
2271 Chapter 193)
2272 63I-4-201, (Renumbered from 63-55a-2, as last amended by Laws of Utah 2003,
2273 Chapter 193)
2274 63I-4-202, (Renumbered from 63-55a-3, as last amended by Laws of Utah 2003,
2275 Chapter 193)
2276 63I-5-101, (Renumbered from 63-91-101, as enacted by Laws of Utah 1995, Chapter
2277 280)
2278 63I-5-102, (Renumbered from 63-91-102, as last amended by Laws of Utah 2007,
2279 Chapter 329)
2280 63I-5-201, (Renumbered from 63-91-201, as last amended by Laws of Utah 2007,
2281 Chapter 356)
2282 63I-5-301, (Renumbered from 63-91-301, as last amended by Laws of Utah 1996,
2283 Chapter 293)
2284 63I-5-302, (Renumbered from 63-91-302, as last amended by Laws of Utah 1996,
2285 Chapter 293)
2286 63I-5-401, (Renumbered from 63-91-401, as last amended by Laws of Utah 1996,
2287 Chapter 293)
2288 63J-1-101, (Renumbered from 63-38-1, as enacted by Laws of Utah 1969, Chapter 207)
2289 63J-1-103, (Renumbered from 63-38-9.5, as last amended by Laws of Utah 2005,
2290 Chapter 71)
2291 63J-1-201, (Renumbered from 63-38-2, as last amended by Laws of Utah 2007,
2292 Chapter 179)
2293 63J-1-202, (Renumbered from 63-38-2.5, as last amended by Laws of Utah 2003,
2294 Chapters 88, and 319)
2295 63J-1-203, (Renumbered from 63-38-2.6, as last amended by Laws of Utah 2007,
2296 Chapter 122)
2297 63J-1-204, (Renumbered from 63-38-2.7, as enacted by Laws of Utah 2007, Chapter
2298 328)
2299 63J-1-301, (Renumbered from 63-38-3, as last amended by Laws of Utah 2006,
2300 Chapter 278)
2301 63J-1-302, (Renumbered from 63-38-3.1, as enacted by Laws of Utah 2001, Chapter
2302 267)
2303 63J-1-303, (Renumbered from 63-38-3.2, as last amended by Laws of Utah 2003,
2304 Chapter 16)
2305 63J-1-304, (Renumbered from 63-38-3.3, as last amended by Laws of Utah 2007,
2306 Chapter 329)
2307 63J-1-305, (Renumbered from 63-38-3.4, as enacted by Laws of Utah 2001, Chapter
2308 191)
2309 63J-1-306, (Renumbered from 63-38-3.5, as last amended by Laws of Utah 2003,
2310 Chapter 5)
2311 63J-1-307, (Renumbered from 63-38-3.6, as enacted by Laws of Utah 2002, Fifth
2312 Special Session, Chapter 20)
2313 63J-1-308, (Renumbered from 63-38-4, as enacted by Laws of Utah 1969, Chapter 207)
2314 63J-1-309, (Renumbered from 63-38-5, as last amended by Laws of Utah 1987,
2315 Chapter 92)
2316 63J-1-310, (Renumbered from 63-38-6, as last amended by Laws of Utah 2001,
2317 Chapter 175)
2318 63J-1-311, (Renumbered from 63-38-7, as last amended by Laws of Utah 1997,
2319 Chapter 169)
2320 63J-1-401, (Renumbered from 63-38-8, as last amended by Laws of Utah 2004,
2321 Chapter 179)
2322 63J-1-402, (Renumbered from 63-38-8.1, as last amended by Laws of Utah 2006,
2323 Chapter 278)
2324 63J-1-403, (Renumbered from 63-38-8.2, as enacted by Laws of Utah 2004, Chapter
2325 226)
2326 63J-1-404, (Renumbered from 63-38-9, as last amended by Laws of Utah 2007,
2327 Chapter 122)
2328 63J-1-405, (Renumbered from 63-38-10, as last amended by Laws of Utah 1987,
2329 Chapter 61)
2330 63J-1-406, (Renumbered from 63-38-11, as last amended by Laws of Utah 1994,
2331 Chapter 216)
2332 63J-1-407, (Renumbered from 63-38-11.5, as enacted by Laws of Utah 2004, Chapter
2333 352)
2334 63J-1-408, (Renumbered from 63-38-12, as enacted by Laws of Utah 1969, Chapter
2335 207)
2336 63J-1-409, (Renumbered from 63-38-13, as enacted by Laws of Utah 1969, Chapter
2337 207)
2338 63J-1-501, (Renumbered from 63-38-14, as last amended by Laws of Utah 2003,
2339 Chapter 16)
2340 63J-1-502, (Renumbered from 63-38-15, as last amended by Laws of Utah 2003,
2341 Chapter 16)
2342 63J-1-503, (Renumbered from 63-38-16, as enacted by Laws of Utah 1983, Chapter 10)
2343 63J-2-101, (Renumbered from 63-38a-101, as enacted by Laws of Utah 1992, Chapter
2344 259)
2345 63J-2-102, (Renumbered from 63-38a-102, as last amended by Laws of Utah 2005,
2346 Chapter 71)
2347 63J-2-201, (Renumbered from 63-38a-103, as enacted by Laws of Utah 1992, Chapter
2348 259)
2349 63J-2-202, (Renumbered from 63-38a-104, as last amended by Laws of Utah 1994,
2350 Chapter 211)
2351 63J-3-101, (Renumbered from 63-38c-101, as renumbered and amended by Laws of
2352 Utah 1996, Chapter 275)
2353 63J-3-102, (Renumbered from 63-38c-102, as last amended by Laws of Utah 2004,
2354 Chapter 318)
2355 63J-3-103, (Renumbered from 63-38c-103, as last amended by Laws of Utah 2007,
2356 Chapters 122, 206, and 328)
2357 63J-3-201, (Renumbered from 63-38c-201, as last amended by Laws of Utah 2004,
2358 Chapter 318)
2359 63J-3-202, (Renumbered from 63-38c-202, as last amended by Laws of Utah 2004,
2360 Chapter 318)
2361 63J-3-203, (Renumbered from 63-38c-203, as renumbered and amended by Laws of
2362 Utah 1996, Chapter 275)
2363 63J-3-204, (Renumbered from 63-38c-204, as renumbered and amended by Laws of
2364 Utah 1996, Chapter 275)
2365 63J-3-205, (Renumbered from 63-38c-205, as renumbered and amended by Laws of
2366 Utah 1996, Chapter 275)
2367 63J-3-301, (Renumbered from 63-38c-301, as renumbered and amended by Laws of
2368 Utah 1996, Chapter 275)
2369 63J-3-401, (Renumbered from 63-38c-401, as renumbered and amended by Laws of
2370 Utah 1996, Chapter 275)
2371 63J-3-402, (Renumbered from 63-38c-402, as last amended by Laws of Utah 2007,
2372 Chapters 201, and 206)
2373 63J-4-101, (Renumbered from 63-38d-101, as enacted by Laws of Utah 2003, Chapter
2374 16)
2375 63J-4-102, (Renumbered from 63-38d-102, as last amended by Laws of Utah 2007,
2376 Chapter 329)
2377 63J-4-201, (Renumbered from 63-38d-201, as enacted by Laws of Utah 2003, Chapter
2378 16)
2379 63J-4-202, (Renumbered from 63-38d-202, as enacted by Laws of Utah 2003, Chapter
2380 16)
2381 63J-4-301, (Renumbered from 63-38d-301, as last amended by Laws of Utah 2004,
2382 Chapter 352)
2383 63J-4-401, (Renumbered from 63-38d-401, as last amended by Laws of Utah 2005,
2384 Chapter 179)
2385 63J-4-501, (Renumbered from 63-38d-501, as enacted by Laws of Utah 2003, Chapter
2386 16)
2387 63J-4-502, (Renumbered from 63-38d-502, as last amended by Laws of Utah 2007,
2388 Chapter 66)
2389 63J-4-503, (Renumbered from 63-38d-503, as enacted by Laws of Utah 2003, Chapter
2390 16)
2391 63J-4-504, (Renumbered from 63-38d-504, as enacted by Laws of Utah 2003, Chapter
2392 16)
2393 63J-4-505, (Renumbered from 63-38d-505, as enacted by Laws of Utah 2003, Chapter
2394 16)
2395 63J-4-601, (Renumbered from 63-38d-601, as last amended by Laws of Utah 2007,
2396 Chapter 329)
2397 63J-4-602, (Renumbered from 63-38d-602, as enacted by Laws of Utah 2005, Chapter
2398 298)
2399 63J-4-603, (Renumbered from 63-38d-603, as last amended by Laws of Utah 2006,
2400 Chapter 292)
2401 63J-4-604, (Renumbered from 63-38d-604, as enacted by Laws of Utah 2005, Chapter
2402 298)
2403 63J-4-605, (Renumbered from 63-38d-605, as enacted by Laws of Utah 2005, Chapter
2404 298)
2405 63J-5-102, (Renumbered from 63-38e-101, as enacted by Laws of Utah 2004, Chapter
2406 352)
2407 63J-5-103, (Renumbered from 63-38e-102, as enacted by Laws of Utah 2004, Chapter
2408 352)
2409 63J-5-201, (Renumbered from 63-38e-201, as enacted by Laws of Utah 2004, Chapter
2410 352)
2411 63J-5-202, (Renumbered from 63-38e-202, as enacted by Laws of Utah 2004, Chapter
2412 352)
2413 63J-5-203, (Renumbered from 63-38e-203, as enacted by Laws of Utah 2004, Chapter
2414 352)
2415 63J-5-204, (Renumbered from 63-38e-204, as enacted by Laws of Utah 2004, Chapter
2416 352)
2417 63J-6-201, (Renumbered from 63-61-1, as enacted by Laws of Utah 1984, Chapter 5)
2418 63J-6-202, (Renumbered from 63-61-2, as last amended by Laws of Utah 1987,
2419 Chapter 202)
2420 63J-6-203, (Renumbered from 63-61-3, as last amended by Laws of Utah 1987,
2421 Chapter 202)
2422 63J-6-204, (Renumbered from 63-61-4, as enacted by Laws of Utah 1984, Chapter 5)
2423 63K-1-101, (Renumbered from 63-5b-101, as enacted by Laws of Utah 1992, Chapter
2424 294)
2425 63K-1-102, (Renumbered from 63-5b-102, as last amended by Laws of Utah 2007,
2426 Chapter 66)
2427 63K-1-201, (Renumbered from 63-5b-201, as enacted by Laws of Utah 1992, Chapter
2428 294)
2429 63K-1-202, (Renumbered from 63-5b-202, as enacted by Laws of Utah 1992, Chapter
2430 294)
2431 63K-1-301, (Renumbered from 63-5b-301, as last amended by Laws of Utah 2007,
2432 Chapter 66)
2433 63K-1-302, (Renumbered from 63-5b-302, as enacted by Laws of Utah 1992, Chapter
2434 294)
2435 63K-1-401, (Renumbered from 63-5b-401, as last amended by Laws of Utah 2006,
2436 Chapter 286)
2437 63K-1-501, (Renumbered from 63-5b-501, as enacted by Laws of Utah 1992, Chapter
2438 294)
2439 63K-1-502, (Renumbered from 63-5b-502, as enacted by Laws of Utah 1992, Chapter
2440 294)
2441 63K-1-503, (Renumbered from 63-5b-503, as enacted by Laws of Utah 1992, Chapter
2442 294)
2443 63K-1-504, (Renumbered from 63-5b-504, as enacted by Laws of Utah 1992, Chapter
2444 294)
2445 63K-1-601, (Renumbered from 63-5b-601, as enacted by Laws of Utah 1992, Chapter
2446 294)
2447 63K-1-602, (Renumbered from 63-5b-602, as enacted by Laws of Utah 1992, Chapter
2448 294)
2449 63K-2-102, (Renumbered from 63-53a-2, as enacted by Laws of Utah 1980, Chapter
2450 23)
2451 63K-2-103, (Renumbered from 63-53a-1, as enacted by Laws of Utah 1980, Chapter
2452 23)
2453 63K-2-201, (Renumbered from 63-53a-3, as enacted by Laws of Utah 1980, Chapter
2454 23)
2455 63K-2-202, (Renumbered from 63-53a-4, as enacted by Laws of Utah 1980, Chapter
2456 23)
2457 63K-2-203, (Renumbered from 63-53a-5, as enacted by Laws of Utah 1980, Chapter
2458 23)
2459 63K-2-204, (Renumbered from 63-53a-6, as last amended by Laws of Utah 2005,
2460 Chapter 214)
2461 63K-2-205, (Renumbered from 63-53a-7, as enacted by Laws of Utah 1980, Chapter
2462 23)
2463 63K-2-206, (Renumbered from 63-53a-10, as enacted by Laws of Utah 1980, Chapter
2464 23)
2465 63K-2-301, (Renumbered from 63-53a-8, as enacted by Laws of Utah 1980, Chapter
2466 23)
2467 63K-2-302, (Renumbered from 63-53a-9, as enacted by Laws of Utah 1980, Chapter
2468 23)
2469 63K-2-303, (Renumbered from 63-53a-11, as enacted by Laws of Utah 1980, Chapter
2470 23)
2471 63K-3-102, (Renumbered from 63-5-2, as enacted by Laws of Utah 1981, Chapter 254)
2472 63K-3-201, (Renumbered from 63-5-4, as last amended by Laws of Utah 2007, Chapter
2473 66)
2474 63K-3-301, (Renumbered from 63-5-5, as last amended by Laws of Utah 1996, Chapter
2475 243)
2476 63K-4-102, (Renumbered from 63-5a-1, as last amended by Laws of Utah 1994,
2477 Chapter 12)
2478 63K-4-103, (Renumbered from 63-5a-2, as last amended by Laws of Utah 2006,
2479 Chapter 286)
2480 63K-4-201, (Renumbered from 63-5a-3, as last amended by Laws of Utah 1994,
2481 Chapter 12)
2482 63K-4-202, (Renumbered from 63-5a-4, as last amended by Laws of Utah 2006,
2483 Chapter 286)
2484 63K-4-203, (Renumbered from 63-5a-5, as enacted by Laws of Utah 1981, Chapter
2485 253)
2486 63K-4-301, (Renumbered from 63-5a-6, as last amended by Laws of Utah 2006,
2487 Chapter 286)
2488 63K-4-401, (Renumbered from 63-5a-7, as last amended by Laws of Utah 2007,
2489 Chapter 177)
2490 63K-4-402, (Renumbered from 63-5a-8, as last amended by Laws of Utah 2007,
2491 Chapters 66, and 328)
2492 63K-4-403, (Renumbered from 63-5a-9, as enacted by Laws of Utah 1981, Chapter
2493 253)
2494 63K-4-404, (Renumbered from 63-5a-11, as enacted by Laws of Utah 1981, Chapter
2495 253)
2496 63L-1-201, (Renumbered from 63-8-1, as last amended by Laws of Utah 1981, Chapter
2497 262)
2498 63L-1-202, (Renumbered from 63-8-2, Utah Code Annotated 1953)
2499 63L-1-203, (Renumbered from 63-8-3, Utah Code Annotated 1953)
2500 63L-1-204, (Renumbered from 63-8-4, as last amended by Laws of Utah 1980, Chapter
2501 71)
2502 63L-1-205, (Renumbered from 63-8-5, as last amended by Laws of Utah 1983, Chapter
2503 292)
2504 63L-1-206, (Renumbered from 63-8-6, as enacted by Laws of Utah 1985, Chapter 233)
2505 63L-1-207, (Renumbered from 63-8-7, as enacted by Laws of Utah 1997, Chapter 239)
2506 63L-2-201, (Renumbered from 63-34b-101, as enacted by Laws of Utah 2001, Chapter
2507 287)
2508 63L-3-101, (Renumbered from 63-90-1, as renumbered and amended by Laws of Utah
2509 1994, Chapter 91)
2510 63L-3-102, (Renumbered from 63-90-2, as last amended by Laws of Utah 2007,
2511 Chapter 306)
2512 63L-3-201, (Renumbered from 63-90-3, as last amended by Laws of Utah 1997,
2513 Chapter 293)
2514 63L-3-202, (Renumbered from 63-90-4, as renumbered and amended by Laws of Utah
2515 1994, Chapter 91)
2516 63L-4-102, (Renumbered from 63-90a-1, as last amended by Laws of Utah 2007,
2517 Chapter 329)
2518 63L-4-103, (Renumbered from 63-90a-2, as enacted by Laws of Utah 1994, Chapter
2519 91)
2520 63L-4-201, (Renumbered from 63-90a-3, as enacted by Laws of Utah 1994, Chapter
2521 91)
2522 63L-4-301, (Renumbered from 63-90a-4, as last amended by Laws of Utah 1998,
2523 Chapters 295, and 321)
2524 63L-5-101, (Renumbered from 63-90b-101, as enacted by Laws of Utah 2005, Chapter
2525 99)
2526 63L-5-102, (Renumbered from 63-90b-102, as last amended by Laws of Utah 2007,
2527 Chapter 329)
2528 63L-5-201, (Renumbered from 63-90b-201, as enacted by Laws of Utah 2005, Chapter
2529 99)
2530 63L-5-301, (Renumbered from 63-90b-301, as enacted by Laws of Utah 2005, Chapter
2531 99)
2532 63L-5-302, (Renumbered from 63-90b-302, as enacted by Laws of Utah 2005, Chapter
2533 99)
2534 63L-5-401, (Renumbered from 63-90b-401, as enacted by Laws of Utah 2005, Chapter
2535 99)
2536 63L-5-402, (Renumbered from 63-90b-402, as enacted by Laws of Utah 2005, Chapter
2537 99)
2538 63L-5-403, (Renumbered from 63-90b-403, as enacted by Laws of Utah 2005, Chapter
2539 99)
2540 63M-1-101, (Renumbered from 63-38f-101, as renumbered and amended by Laws of
2541 Utah 2005, Chapter 148)
2542 63M-1-102, (Renumbered from 63-38f-102, as renumbered and amended by Laws of
2543 Utah 2005, Chapter 148)
2544 63M-1-201, (Renumbered from 63-38f-201, as enacted by Laws of Utah 2005, Chapter
2545 148)
2546 63M-1-202, (Renumbered from 63-38f-202, as renumbered and amended by Laws of
2547 Utah 2005, Chapter 148)
2548 63M-1-203, (Renumbered from 63-38f-203, as renumbered and amended by Laws of
2549 Utah 2005, Chapter 148)
2550 63M-1-204, (Renumbered from 63-38f-204, as renumbered and amended by Laws of
2551 Utah 2005, Chapter 148)
2552 63M-1-205, (Renumbered from 63-38f-205, as renumbered and amended by Laws of
2553 Utah 2005, Chapter 148)
2554 63M-1-301, (Renumbered from 63-38f-301, as renumbered and amended by Laws of
2555 Utah 2005, Chapter 148)
2556 63M-1-302, (Renumbered from 63-38f-302, as renumbered and amended by Laws of
2557 Utah 2005, Chapter 148)
2558 63M-1-303, (Renumbered from 63-38f-303, as last amended by Laws of Utah 2006,
2559 Chapter 52)
2560 63M-1-304, (Renumbered from 63-38f-304, as renumbered and amended by Laws of
2561 Utah 2005, Chapter 148)
2562 63M-1-401, (Renumbered from 63-38f-401, as renumbered and amended by Laws of
2563 Utah 2005, Chapter 148)
2564 63M-1-402, (Renumbered from 63-38f-402, as last amended by Laws of Utah 2006,
2565 Chapter 223)
2566 63M-1-403, (Renumbered from 63-38f-403, as renumbered and amended by Laws of
2567 Utah 2005, Chapter 148)
2568 63M-1-404, (Renumbered from 63-38f-404, as renumbered and amended by Laws of
2569 Utah 2005, Chapter 148)
2570 63M-1-405, (Renumbered from 63-38f-405, as renumbered and amended by Laws of
2571 Utah 2005, Chapter 148)
2572 63M-1-406, (Renumbered from 63-38f-406, as renumbered and amended by Laws of
2573 Utah 2005, Chapter 148)
2574 63M-1-407, (Renumbered from 63-38f-407, as renumbered and amended by Laws of
2575 Utah 2005, Chapter 148)
2576 63M-1-408, (Renumbered from 63-38f-408, as renumbered and amended by Laws of
2577 Utah 2005, Chapter 148)
2578 63M-1-409, (Renumbered from 63-38f-409, as renumbered and amended by Laws of
2579 Utah 2005, Chapter 148)
2580 63M-1-410, (Renumbered from 63-38f-410, as renumbered and amended by Laws of
2581 Utah 2005, Chapter 148)
2582 63M-1-411, (Renumbered from 63-38f-411, as renumbered and amended by Laws of
2583 Utah 2005, Chapter 148)
2584 63M-1-412, (Renumbered from 63-38f-412, as last amended by Laws of Utah 2006,
2585 Chapter 223)
2586 63M-1-413, (Renumbered from 63-38f-413, as last amended by Laws of Utah 2006,
2587 Chapter 223)
2588 63M-1-414, (Renumbered from 63-38f-414, as renumbered and amended by Laws of
2589 Utah 2005, Chapter 148)
2590 63M-1-415, (Renumbered from 63-38f-415, as renumbered and amended by Laws of
2591 Utah 2005, Chapter 148)
2592 63M-1-416, (Renumbered from 63-38f-416, as last amended by Laws of Utah 2006,
2593 Chapter 52)
2594 63M-1-501, (Renumbered from 63-38f-501, as last amended by Laws of Utah 2007,
2595 Chapter 306)
2596 63M-1-502, (Renumbered from 63-38f-501.5, as enacted by Laws of Utah 2006,
2597 Chapter 52)
2598 63M-1-503, (Renumbered from 63-38f-502, as last amended by Laws of Utah 2006,
2599 Chapter 223)
2600 63M-1-504, (Renumbered from 63-38f-503, as last amended by Laws of Utah 2006,
2601 Chapter 223)
2602 63M-1-601, (Renumbered from 63-38f-601, as renumbered and amended by Laws of
2603 Utah 2005, Chapter 148)
2604 63M-1-602, (Renumbered from 63-38f-602, as renumbered and amended by Laws of
2605 Utah 2005, Chapter 148)
2606 63M-1-603, (Renumbered from 63-38f-603, as renumbered and amended by Laws of
2607 Utah 2005, Chapter 148)
2608 63M-1-604, (Renumbered from 63-38f-604, as renumbered and amended by Laws of
2609 Utah 2005, Chapter 148)
2610 63M-1-605, (Renumbered from 63-38f-605, as renumbered and amended by Laws of
2611 Utah 2005, Chapter 148)
2612 63M-1-606, (Renumbered from 63-38f-606, as renumbered and amended by Laws of
2613 Utah 2005, Chapter 148)
2614 63M-1-607, (Renumbered from 63-38f-607, as renumbered and amended by Laws of
2615 Utah 2005, Chapter 148)
2616 63M-1-608, (Renumbered from 63-38f-608, as last amended by Laws of Utah 2007,
2617 Chapter 286)
2618 63M-1-701, (Renumbered from 63-38f-702, as last amended by Laws of Utah 2007,
2619 Chapter 11)
2620 63M-1-702, (Renumbered from 63-38f-701, as renumbered and amended by Laws of
2621 Utah 2005, Chapter 148)
2622 63M-1-703, (Renumbered from 63-38f-703, as last amended by Laws of Utah 2007,
2623 Chapter 11)
2624 63M-1-704, (Renumbered from 63-38f-704, as last amended by Laws of Utah 2007,
2625 Chapter 11)
2626 63M-1-705, (Renumbered from 63-38f-705, as enacted by Laws of Utah 2007, Chapter
2627 11)
2628 63M-1-801, (Renumbered from 63-38f-801, as renumbered and amended by Laws of
2629 Utah 2005, Chapter 148)
2630 63M-1-802, (Renumbered from 63-38f-802, as renumbered and amended by Laws of
2631 Utah 2005, Chapter 148)
2632 63M-1-901, (Renumbered from 63-38f-901, as renumbered and amended by Laws of
2633 Utah 2005, Chapter 148)
2634 63M-1-902, (Renumbered from 63-38f-902, as renumbered and amended by Laws of
2635 Utah 2005, Chapter 148)
2636 63M-1-903, (Renumbered from 63-38f-903, as renumbered and amended by Laws of
2637 Utah 2005, Chapter 148)
2638 63M-1-904, (Renumbered from 63-38f-903.5, as enacted by Laws of Utah 2007,
2639 Chapter 50)
2640 63M-1-905, (Renumbered from 63-38f-904, as last amended by Laws of Utah 2007,
2641 Chapter 328)
2642 63M-1-906, (Renumbered from 63-38f-905, as renumbered and amended by Laws of
2643 Utah 2005, Chapter 148)
2644 63M-1-907, (Renumbered from 63-38f-906, as renumbered and amended by Laws of
2645 Utah 2005, Chapter 148)
2646 63M-1-908, (Renumbered from 63-38f-907, as renumbered and amended by Laws of
2647 Utah 2005, Chapter 148)
2648 63M-1-909, (Renumbered from 63-38f-908, as renumbered and amended by Laws of
2649 Utah 2005, Chapter 148)
2650 63M-1-910, (Renumbered from 63-38f-909, as renumbered and amended by Laws of
2651 Utah 2005, Chapter 148)
2652 63M-1-1001, (Renumbered from 63-38f-1001, as renumbered and amended by Laws of
2653 Utah 2005, Chapter 148)
2654 63M-1-1002, (Renumbered from 63-38f-1002, as renumbered and amended by Laws of
2655 Utah 2005, Chapter 148)
2656 63M-1-1003, (Renumbered from 63-38f-1003, as renumbered and amended by Laws of
2657 Utah 2005, Chapter 148)
2658 63M-1-1101, (Renumbered from 63-38f-1101, as renumbered and amended by Laws of
2659 Utah 2005, Chapter 148)
2660 63M-1-1102, (Renumbered from 63-38f-1102, as last amended by Laws of Utah 2006,
2661 Chapter 223)
2662 63M-1-1103, (Renumbered from 63-38f-1103, as renumbered and amended by Laws of
2663 Utah 2005, Chapter 148)
2664 63M-1-1104, (Renumbered from 63-38f-1104, as renumbered and amended by Laws of
2665 Utah 2005, Chapter 148)
2666 63M-1-1105, (Renumbered from 63-38f-1105, as renumbered and amended by Laws of
2667 Utah 2005, Chapter 148)
2668 63M-1-1106, (Renumbered from 63-38f-1106, as renumbered and amended by Laws of
2669 Utah 2005, Chapter 148)
2670 63M-1-1107, (Renumbered from 63-38f-1107, as renumbered and amended by Laws of
2671 Utah 2005, Chapter 148)
2672 63M-1-1108, (Renumbered from 63-38f-1108, as renumbered and amended by Laws of
2673 Utah 2005, Chapter 148)
2674 63M-1-1109, (Renumbered from 63-38f-1109, as renumbered and amended by Laws of
2675 Utah 2005, Chapter 148)
2676 63M-1-1110, (Renumbered from 63-38f-1110, as last amended by Laws of Utah 2006,
2677 Chapter 223)
2678 63M-1-1111, (Renumbered from 63-38f-1111, as last amended by Laws of Utah 2006,
2679 Chapter 52)
2680 63M-1-1112, (Renumbered from 63-38f-1112, as renumbered and amended by Laws of
2681 Utah 2005, Chapter 148)
2682 63M-1-1201, (Renumbered from 63-38f-1201, as renumbered and amended by Laws of
2683 Utah 2005, Chapter 148)
2684 63M-1-1202, (Renumbered from 63-38f-1202, as last amended by Laws of Utah 2005,
2685 Chapter 14 and renumbered and amended by Laws of Utah 2005, Chapter 148)
2686 63M-1-1203, (Renumbered from 63-38f-1203, as last amended by Laws of Utah 2006,
2687 Chapter 223)
2688 63M-1-1204, (Renumbered from 63-38f-1204, as renumbered and amended by Laws of
2689 Utah 2005, Chapter 148)
2690 63M-1-1205, (Renumbered from 63-38f-1205, as last amended by Laws of Utah 2006,
2691 Chapter 14)
2692 63M-1-1206, (Renumbered from 63-38f-1206, as last amended by Laws of Utah 2006,
2693 Chapter 52)
2694 63M-1-1207, (Renumbered from 63-38f-1207, as renumbered and amended by Laws of
2695 Utah 2005, Chapter 148)
2696 63M-1-1208, (Renumbered from 63-38f-1208, as renumbered and amended by Laws of
2697 Utah 2005, Chapter 148)
2698 63M-1-1209, (Renumbered from 63-38f-1209, as renumbered and amended by Laws of
2699 Utah 2005, Chapter 148)
2700 63M-1-1210, (Renumbered from 63-38f-1210, as renumbered and amended by Laws of
2701 Utah 2005, Chapter 148)
2702 63M-1-1211, (Renumbered from 63-38f-1211, as last amended by Laws of Utah 2006,
2703 Chapters 46, and 52)
2704 63M-1-1212, (Renumbered from 63-38f-1212, as renumbered and amended by Laws of
2705 Utah 2005, Chapter 148)
2706 63M-1-1213, (Renumbered from 63-38f-1213, as renumbered and amended by Laws of
2707 Utah 2005, Chapter 148)
2708 63M-1-1214, (Renumbered from 63-38f-1214, as renumbered and amended by Laws of
2709 Utah 2005, Chapter 148)
2710 63M-1-1215, (Renumbered from 63-38f-1215, as last amended by Laws of Utah 2005,
2711 Chapter 14 and renumbered and amended by Laws of Utah 2005, Chapter 148)
2712 63M-1-1216, (Renumbered from 63-38f-1216, as renumbered and amended by Laws of
2713 Utah 2005, Chapter 148)
2714 63M-1-1217, (Renumbered from 63-38f-1217, as renumbered and amended by Laws of
2715 Utah 2005, Chapter 148)
2716 63M-1-1218, (Renumbered from 63-38f-1218, as last amended by Laws of Utah 2005,
2717 Chapter 14 and renumbered and amended by Laws of Utah 2005, Chapter 148)
2718 63M-1-1219, (Renumbered from 63-38f-1219, as last amended by Laws of Utah 2005,
2719 Chapter 14 and renumbered and amended by Laws of Utah 2005, Chapter 148)
2720 63M-1-1220, (Renumbered from 63-38f-1220, as last amended by Laws of Utah 2005,
2721 Chapter 14 and renumbered and amended by Laws of Utah 2005, Chapter 148)
2722 63M-1-1221, (Renumbered from 63-38f-1221, as renumbered and amended by Laws of
2723 Utah 2005, Chapter 148)
2724 63M-1-1222, (Renumbered from 63-38f-1222, as renumbered and amended by Laws of
2725 Utah 2005, Chapter 148)
2726 63M-1-1223, (Renumbered from 63-38f-1223, as renumbered and amended by Laws of
2727 Utah 2005, Chapter 148)
2728 63M-1-1224, (Renumbered from 63-38f-1224, as last amended by Laws of Utah 2006,
2729 Chapter 14)
2730 63M-1-1301, (Renumbered from 63-38f-1301, as renumbered and amended by Laws of
2731 Utah 2005, Chapter 148)
2732 63M-1-1302, (Renumbered from 63-38f-1302, as renumbered and amended by Laws of
2733 Utah 2005, Chapter 148)
2734 63M-1-1303, (Renumbered from 63-38f-1303, as last amended by Laws of Utah 2005,
2735 Chapter 3 and renumbered and amended by Laws of Utah 2005, Chapter 148)
2736 63M-1-1304, (Renumbered from 63-38f-1304, as last amended by Laws of Utah 2006,
2737 Chapter 52)
2738 63M-1-1305, (Renumbered from 63-38f-1305, as last amended by Laws of Utah 2006,
2739 Chapter 52)
2740 63M-1-1306, (Renumbered from 63-38f-1306, as renumbered and amended by Laws of
2741 Utah 2005, Chapter 148)
2742 63M-1-1307, (Renumbered from 63-38f-1307, as last amended by Laws of Utah 2006,
2743 Chapter 52)
2744 63M-1-1308, (Renumbered from 63-38f-1308, as renumbered and amended by Laws of
2745 Utah 2005, Chapter 148)
2746 63M-1-1309, (Renumbered from 63-38f-1309, as last amended by Laws of Utah 2005,
2747 Chapter 272 and renumbered and amended by Laws of Utah 2005, Chapter 148)
2748 63M-1-1401, (Renumbered from 63-38f-1406, as last amended by Laws of Utah 2005,
2749 First Special Session, Chapter 12)
2750 63M-1-1402, (Renumbered from 63-38f-1407, as last amended by Laws of Utah 2005,
2751 First Special Session, Chapter 12)
2752 63M-1-1403, (Renumbered from 63-38f-1408, as last amended by Laws of Utah 2005,
2753 First Special Session, Chapter 12)
2754 63M-1-1404, (Renumbered from 63-38f-1409, as last amended by Laws of Utah 2005,
2755 First Special Session, Chapter 12)
2756 63M-1-1405, (Renumbered from 63-38f-1410, as renumbered and amended by Laws of
2757 Utah 2005, Chapter 148)
2758 63M-1-1406, (Renumbered from 63-38f-1411, as last amended by Laws of Utah 2007,
2759 Chapter 128)
2760 63M-1-1501, (Renumbered from 63-38f-1501, as renumbered and amended by Laws of
2761 Utah 2005, Chapter 148)
2762 63M-1-1502, (Renumbered from 63-38f-1502, as renumbered and amended by Laws of
2763 Utah 2005, Chapter 148)
2764 63M-1-1503, (Renumbered from 63-38f-1503, as renumbered and amended by Laws of
2765 Utah 2005, Chapter 148)
2766 63M-1-1504, (Renumbered from 63-38f-1504, as renumbered and amended by Laws of
2767 Utah 2005, Chapter 148)
2768 63M-1-1505, (Renumbered from 63-38f-1505, as renumbered and amended by Laws of
2769 Utah 2005, Chapter 148)
2770 63M-1-1601, (Renumbered from 63-38f-1601, as renumbered and amended by Laws of
2771 Utah 2005, Chapter 148)
2772 63M-1-1602, (Renumbered from 63-38f-1602, as renumbered and amended by Laws of
2773 Utah 2005, Chapter 148)
2774 63M-1-1603, (Renumbered from 63-38f-1603, as renumbered and amended by Laws of
2775 Utah 2005, Chapter 148)
2776 63M-1-1604, (Renumbered from 63-38f-1604, as last amended by Laws of Utah 2006,
2777 Chapter 52)
2778 63M-1-1605, (Renumbered from 63-38f-1605, as renumbered and amended by Laws of
2779 Utah 2005, Chapter 148)
2780 63M-1-1606, (Renumbered from 63-38f-1606, as renumbered and amended by Laws of
2781 Utah 2005, Chapter 148)
2782 63M-1-1701, (Renumbered from 63-38f-1701, as enacted by Laws of Utah 2005,
2783 Chapter 272)
2784 63M-1-1702, (Renumbered from 63-38f-1702, as enacted by Laws of Utah 2005,
2785 Chapter 272)
2786 63M-1-1703, (Renumbered from 63-38f-1703, as enacted by Laws of Utah 2005,
2787 Chapter 272)
2788 63M-1-1704, (Renumbered from 63-38f-1704, as enacted by Laws of Utah 2005,
2789 Chapter 272)
2790 63M-1-1705, (Renumbered from 63-38f-1705, as enacted by Laws of Utah 2005,
2791 Chapter 272)
2792 63M-1-1706, (Renumbered from 63-38f-1706, as enacted by Laws of Utah 2005,
2793 Chapter 272)
2794 63M-1-1801, (Renumbered from 63-38f-1801, as enacted by Laws of Utah 2005,
2795 Chapter 210)
2796 63M-1-1802, (Renumbered from 63-38f-1802, as enacted by Laws of Utah 2005,
2797 Chapter 210)
2798 63M-1-1803, (Renumbered from 63-38f-1803, as enacted by Laws of Utah 2005,
2799 Chapter 210)
2800 63M-1-1804, (Renumbered from 63-38f-1804, as enacted by Laws of Utah 2005,
2801 Chapter 210)
2802 63M-1-1805, (Renumbered from 63-38f-1805, as enacted by Laws of Utah 2005,
2803 Chapter 210)
2804 63M-1-1901, (Renumbered from 63-38f-1901, as enacted by Laws of Utah 2005,
2805 Chapter 191)
2806 63M-1-2001, (Renumbered from 63-38f-2001, as enacted by Laws of Utah 2005,
2807 Chapter 151)
2808 63M-1-2002, (Renumbered from 63-38f-2002, as last amended by Laws of Utah 2007,
2809 Chapter 329)
2810 63M-1-2003, (Renumbered from 63-38f-2003, as enacted by Laws of Utah 2005,
2811 Chapter 151)
2812 63M-1-2004, (Renumbered from 63-38f-2004, as enacted by Laws of Utah 2005,
2813 Chapter 151)
2814 63M-1-2005, (Renumbered from 63-38f-2005, as enacted by Laws of Utah 2005,
2815 Chapter 151)
2816 63M-1-2006, (Renumbered from 63-38f-2006, as enacted by Laws of Utah 2005,
2817 Chapter 151)
2818 63M-1-2101, (Renumbered from 63-38f-2101, as enacted by Laws of Utah 2006,
2819 Chapter 146)
2820 63M-1-2201, (Renumbered from 63-38f-2201, as enacted by Laws of Utah 2007,
2821 Chapter 3)
2822 63M-1-2202, (Renumbered from 63-38f-2202, as enacted by Laws of Utah 2007,
2823 Chapter 3)
2824 63M-1-2203, (Renumbered from 63-38f-2203, as enacted by Laws of Utah 2007,
2825 Chapter 3)
2826 63M-1-2301, (Renumbered from 63-38f-2301, as enacted by Laws of Utah 2007,
2827 Chapter 327)
2828 63M-1-2302, (Renumbered from 63-38f-2302, as enacted by Laws of Utah 2007,
2829 Chapter 327)
2830 63M-1-2303, (Renumbered from 63-38f-2303, as enacted by Laws of Utah 2007,
2831 Chapter 327)
2832 63M-1-2304, (Renumbered from 63-38f-2304, as enacted by Laws of Utah 2007,
2833 Chapter 327)
2834 63M-1-2305, (Renumbered from 63-38f-2305, as enacted by Laws of Utah 2007,
2835 Chapter 327)
2836 63M-1-2306, (Renumbered from 63-38f-2306, as enacted by Laws of Utah 2007,
2837 Chapter 327)
2838 63M-2-101, (Renumbered from 63-38g-101, as enacted by Laws of Utah 2006, Chapter
2839 123)
2840 63M-2-102, (Renumbered from 63-38g-102, as enacted by Laws of Utah 2006, Chapter
2841 123)
2842 63M-2-201, (Renumbered from 63-38g-201, as enacted by Laws of Utah 2006, Chapter
2843 123)
2844 63M-2-202, (Renumbered from 63-38g-202, as enacted by Laws of Utah 2006, Chapter
2845 123)
2846 63M-2-203, (Renumbered from 63-38g-203, as enacted by Laws of Utah 2006, Chapter
2847 123)
2848 63M-2-204, (Renumbered from 63-38g-204, as enacted by Laws of Utah 2006, Chapter
2849 123)
2850 63M-2-301, (Renumbered from 63-38g-301, as enacted by Laws of Utah 2006, Chapter
2851 123)
2852 63M-2-302, (Renumbered from 63-38g-302, as enacted by Laws of Utah 2006, Chapter
2853 123)
2854 63M-2-303, (Renumbered from 63-38g-303, as enacted by Laws of Utah 2006, Chapter
2855 123)
2856 63M-3-102, (Renumbered from 63-45a-1, as last amended by Laws of Utah 1987,
2857 Chapter 92)
2858 63M-3-103, (Renumbered from 63-45a-2, as last amended by Laws of Utah 1994,
2859 Chapter 12)
2860 63M-3-201, (Renumbered from 63-45a-3, as enacted by Laws of Utah 1980, Chapter
2861 26)
2862 63M-3-202, (Renumbered from 63-45a-4, as enacted by Laws of Utah 1980, Chapter
2863 26)
2864 63M-4-101, (Renumbered from 63-53b-101, as enacted by Laws of Utah 2006, Chapter
2865 180)
2866 63M-4-102, (Renumbered from 63-53b-102, as enacted by Laws of Utah 2006, Chapter
2867 180)
2868 63M-4-201, (Renumbered from 63-53b-201, as last amended by Laws of Utah 2007,
2869 Chapter 66)
2870 63M-4-202, (Renumbered from 63-53b-202, as enacted by Laws of Utah 2006, Chapter
2871 180)
2872 63M-4-203, (Renumbered from 63-53b-203, as enacted by Laws of Utah 2006, Chapter
2873 180)
2874 63M-4-301, (Renumbered from 63-53b-301, as last amended by Laws of Utah 2007,
2875 Chapter 346)
2876 63M-4-302, (Renumbered from 63-53b-302, as enacted by Laws of Utah 2006, Chapter
2877 180)
2878 63M-5-102, (Renumbered from 63-51-1, as last amended by Laws of Utah 1981,
2879 Chapter 242)
2880 63M-5-103, (Renumbered from 63-51-2, as last amended by Laws of Utah 2007,
2881 Chapter 329)
2882 63M-5-201, (Renumbered from 63-51-3, as last amended by Laws of Utah 1988,
2883 Chapter 3)
2884 63M-5-202, (Renumbered from 63-51-4, as last amended by Laws of Utah 2006,
2885 Chapter 253)
2886 63M-5-301, (Renumbered from 63-51-5, as last amended by Laws of Utah 1991,
2887 Chapter 137)
2888 63M-5-302, (Renumbered from 63-51-6, as last amended by Laws of Utah 1994,
2889 Chapter 120)
2890 63M-5-303, (Renumbered from 63-51-7, as last amended by Laws of Utah 1987,
2891 Chapter 5)
2892 63M-5-304, (Renumbered from 63-51-8, as last amended by Laws of Utah 1994,
2893 Chapter 120)
2894 63M-5-305, (Renumbered from 63-51-9, as enacted by Laws of Utah 1975, Chapter
2895 133)
2896 63M-5-306, (Renumbered from 63-51-10, as last amended by Laws of Utah 2005,
2897 Chapter 148)
2898 63M-6-201, (Renumbered from 63-49a-1, as last amended by Laws of Utah 2005,
2899 Chapter 148)
2900 63M-6-202, (Renumbered from 63-49a-2, as last amended by Laws of Utah 2005,
2901 Chapter 148)
2902 63M-6-203, (Renumbered from 63-49a-3, as last amended by Laws of Utah 2005,
2903 Chapter 148)
2904 63M-7-201, (Renumbered from 63-25a-101, as last amended by Laws of Utah 1999,
2905 Chapter 270)
2906 63M-7-202, (Renumbered from 63-25a-102, as last amended by Laws of Utah 2007,
2907 Chapter 330)
2908 63M-7-203, (Renumbered from 63-25a-103, as last amended by Laws of Utah 2002,
2909 Chapter 176)
2910 63M-7-204, (Renumbered from 63-25a-104, as last amended by Laws of Utah 2007,
2911 Chapter 330)
2912 63M-7-205, (Renumbered from 63-25a-104.5, as last amended by Laws of Utah 1999,
2913 Chapter 270)
2914 63M-7-206, (Renumbered from 63-25a-105, as renumbered and amended by Laws of
2915 Utah 1996, Chapter 242)
2916 63M-7-207, (Renumbered from 63-25a-106, as renumbered and amended by Laws of
2917 Utah 1996, Chapter 242 and repealed and reenacted by Laws of Utah 1996, Chapter
2918 243)
2919 63M-7-301, (Renumbered from 63-25a-201, as last amended by Laws of Utah 2003,
2920 Chapter 171)
2921 63M-7-302, (Renumbered from 63-25a-202, as last amended by Laws of Utah 2002,
2922 Chapter 115)
2923 63M-7-303, (Renumbered from 63-25a-203, as last amended by Laws of Utah 2007,
2924 Chapter 218)
2925 63M-7-304, (Renumbered from 63-25a-205, as last amended by Laws of Utah 2002,
2926 Chapter 115)
2927 63M-7-305, (Renumbered from 63-25a-205.5, as last amended by Laws of Utah 2007,
2928 Chapter 218)
2929 63M-7-306, (Renumbered from 63-25a-207, as last amended by Laws of Utah 2002,
2930 Chapter 115)
2931 63M-7-401, (Renumbered from 63-25a-301, as last amended by Laws of Utah 2003,
2932 Chapter 171)
2933 63M-7-402, (Renumbered from 63-25a-302, as last amended by Laws of Utah 1997,
2934 Chapter 276)
2935 63M-7-403, (Renumbered from 63-25a-303, as renumbered and amended by Laws of
2936 Utah 1996, Chapter 242)
2937 63M-7-404, (Renumbered from 63-25a-304, as last amended by Laws of Utah 1997,
2938 Chapter 342)
2939 63M-7-405, (Renumbered from 63-25a-305, as last amended by Laws of Utah 1996,
2940 Chapter 243 and renumbered and amended by Laws of Utah 1996, Chapter 242)
2941 63M-7-406, (Renumbered from 63-25a-306, as renumbered and amended by Laws of
2942 Utah 1996, Chapter 242)
2943 63M-7-501, (Renumbered from 63-25a-401, as renumbered and amended by Laws of
2944 Utah 1996, Chapter 242)
2945 63M-7-502, (Renumbered from 63-25a-402, as last amended by Laws of Utah 2002,
2946 Chapter 256)
2947 63M-7-503, (Renumbered from 63-25a-403, as last amended by Laws of Utah 2002,
2948 Chapter 35)
2949 63M-7-504, (Renumbered from 63-25a-404, as last amended by Laws of Utah 2002,
2950 Chapter 176)
2951 63M-7-505, (Renumbered from 63-25a-405, as last amended by Laws of Utah 2002,
2952 Chapter 256)
2953 63M-7-506, (Renumbered from 63-25a-406, as last amended by Laws of Utah 2007,
2954 Chapter 300)
2955 63M-7-507, (Renumbered from 63-25a-407, as last amended by Laws of Utah 2002,
2956 Chapter 256)
2957 63M-7-508, (Renumbered from 63-25a-408, as renumbered and amended by Laws of
2958 Utah 1996, Chapter 242)
2959 63M-7-509, (Renumbered from 63-25a-409, as last amended by Laws of Utah 2000,
2960 Chapter 235)
2961 63M-7-510, (Renumbered from 63-25a-410, as last amended by Laws of Utah 2000,
2962 Chapters 28, and 235)
2963 63M-7-511, (Renumbered from 63-25a-411, as last amended by Laws of Utah 2002,
2964 Chapters 35, and 256)
2965 63M-7-512, (Renumbered from 63-25a-412, as last amended by Laws of Utah 2000,
2966 Chapter 235)
2967 63M-7-513, (Renumbered from 63-25a-413, as last amended by Laws of Utah 2001,
2968 Chapter 116)
2969 63M-7-514, (Renumbered from 63-25a-414, as last amended by Laws of Utah 2002,
2970 Chapter 256)
2971 63M-7-515, (Renumbered from 63-25a-415, as last amended by Laws of Utah 2000,
2972 Chapter 235)
2973 63M-7-516, (Renumbered from 63-25a-416, as renumbered and amended by Laws of
2974 Utah 1996, Chapter 242)
2975 63M-7-517, (Renumbered from 63-25a-417, as renumbered and amended by Laws of
2976 Utah 1996, Chapter 242)
2977 63M-7-518, (Renumbered from 63-25a-418, as renumbered and amended by Laws of
2978 Utah 1996, Chapter 242)
2979 63M-7-519, (Renumbered from 63-25a-419, as last amended by Laws of Utah 2002,
2980 Chapter 256)
2981 63M-7-520, (Renumbered from 63-25a-420, as renumbered and amended by Laws of
2982 Utah 1996, Chapter 242)
2983 63M-7-521, (Renumbered from 63-25a-421, as renumbered and amended by Laws of
2984 Utah 1996, Chapter 242)
2985 63M-7-522, (Renumbered from 63-25a-422, as renumbered and amended by Laws of
2986 Utah 1996, Chapter 242)
2987 63M-7-523, (Renumbered from 63-25a-423, as renumbered and amended by Laws of
2988 Utah 1996, Chapter 242)
2989 63M-7-524, (Renumbered from 63-25a-424, as renumbered and amended by Laws of
2990 Utah 1996, Chapter 242)
2991 63M-7-525, (Renumbered from 63-25a-428, as last amended by Laws of Utah 2002,
2992 Chapter 256)
2993 63M-7-601, (Renumbered from 63-25a-601, as enacted by Laws of Utah 2007, Chapter
2994 300)
2995 63M-7-602, (Renumbered from 63-25a-602, as enacted by Laws of Utah 2007, Chapter
2996 300)
2997 63M-7-603, (Renumbered from 63-25a-603, as enacted by Laws of Utah 2007, Chapter
2998 300)
2999 63M-7-604, (Renumbered from 63-25a-604, as enacted by Laws of Utah 2007, Chapter
3000 300)
3001 63M-7-605, (Renumbered from 63-25a-605, as enacted by Laws of Utah 2007, Chapter
3002 300)
3003 63M-8-201, (Renumbered from 63-47-1, as last amended by Laws of Utah 2004,
3004 Chapter 238)
3005 63M-8-202, (Renumbered from 63-47-2, as last amended by Laws of Utah 2004,
3006 Chapter 238)
3007 63M-8-203, (Renumbered from 63-47-3, as last amended by Laws of Utah 2004,
3008 Chapter 238)
3009 63M-8-204, (Renumbered from 63-47-4, as enacted by Laws of Utah 1973, Chapter
3010 173)
3011 63M-8-301, (Renumbered from 63-47-5, as last amended by Laws of Utah 2004,
3012 Chapter 238)
3013 63M-8-302, (Renumbered from 63-47-7, as last amended by Laws of Utah 2004,
3014 Chapters 238, and 352)
3015 63M-8-303, (Renumbered from 63-47-8, as enacted by Laws of Utah 1973, Chapter
3016 173)
3017 63M-9-101, (Renumbered from 63-75-1, as last amended by Laws of Utah 1996,
3018 Chapter 136)
3019 63M-9-102, (Renumbered from 63-75-2, as last amended by Laws of Utah 1999,
3020 Chapter 104)
3021 63M-9-103, (Renumbered from 63-75-3, as last amended by Laws of Utah 2003,
3022 Chapter 171)
3023 63M-9-104, (Renumbered from 63-75-8, as enacted by Laws of Utah 1996, Chapter
3024 136)
3025 63M-9-201, (Renumbered from 63-75-4, as last amended by Laws of Utah 1999,
3026 Chapter 104)
3027 63M-9-202, (Renumbered from 63-75-5, as last amended by Laws of Utah 2003,
3028 Chapter 171)
3029 63M-9-203, (Renumbered from 63-75-5.5, as enacted by Laws of Utah 1993, Chapter
3030 12)
3031 63M-9-301, (Renumbered from 63-75-5.7, as last amended by Laws of Utah 1996,
3032 Chapter 136)
3033 63M-9-401, (Renumbered from 63-75-6, as last amended by Laws of Utah 2005,
3034 Chapter 81)
3035 63M-9-402, (Renumbered from 63-75-6.5, as enacted by Laws of Utah 1996, Chapter
3036 136)
3037 63M-9-501, (Renumbered from 63-75-7, as last amended by Laws of Utah 2002,
3038 Chapter 210)
3039 63M-10-101, (Renumbered from 63-92-1, as enacted by Laws of Utah 1996, Chapter
3040 165)
3041 63M-10-201, (Renumbered from 63-92-2, as last amended by Laws of Utah 1999,
3042 Chapter 304)
3043 63M-10-202, (Renumbered from 63-92-3, as last amended by Laws of Utah 2003,
3044 Chapter 171)
3045 63M-11-101, (Renumbered from 63-99-101, as enacted by Laws of Utah 2005, Chapter
3046 279)
3047 63M-11-102, (Renumbered from 63-99-103, as enacted by Laws of Utah 2005, Chapter
3048 279)
3049 63M-11-103, (Renumbered from 63-99-102, as last amended by Laws of Utah 2007,
3050 Chapter 317)
3051 63M-11-201, (Renumbered from 63-99-104, as last amended by Laws of Utah 2007,
3052 Chapter 317)
3053 63M-11-202, (Renumbered from 63-99-105, as last amended by Laws of Utah 2007,
3054 Chapter 317)
3055 63M-11-203, (Renumbered from 63-99-106, as enacted by Laws of Utah 2005, Chapter
3056 279)
3057 63M-11-204, (Renumbered from 63-99-107, as enacted by Laws of Utah 2005, Chapter
3058 279)
3059 63M-11-205, (Renumbered from 63-99-108, as enacted by Laws of Utah 2005, Chapter
3060 279)
3061 63M-11-206, (Renumbered from 63-99-109, as enacted by Laws of Utah 2005, Chapter
3062 279)
3063 63M-11-207, (Renumbered from 63-99-110, as repealed and reenacted by Laws of Utah
3064 2007, Chapter 317)
3065 REPEALS:
3066 63-46a-17, as enacted by Laws of Utah 2001, Chapter 138
3067 63-97-101, as last amended by Laws of Utah 2000, Chapters 293, and 351
3068
3069 Be it enacted by the Legislature of the state of Utah:
3070 Section 1. Section 3-1-6 is amended to read:
3071 3-1-6. Filing articles of incorporation -- Certificate of incorporation -- Fees --
3072 Constructive notice.
3073 (1) The articles of incorporation shall be filed with the Division of Corporations and
3074 Commercial Code, which shall thereupon issue a certificate of incorporation. This certificate
3075 or a certified copy of the same shall be prima facie evidence of the due incorporation of the
3076 association. Upon the issuance of such certificate of incorporation, the corporate existence
3077 begins.
3078 (2) The Division of Corporations and Commercial Code shall establish a fee pursuant
3079 to Section [
3080 securing a certified copy of the articles, for the issuance of a certificate of incorporation, and
3081 for filing amendments to the articles, whether incorporated with or without stock.
3082 (3) No person dealing with the association may be charged with constructive notice of
3083 the contents of the articles or amendments thereto by reason of such filing or recording.
3084 Section 2. Section 3-1-36 is amended to read:
3085 3-1-36. Articles of merger or consolidation -- Execution, contents, and filing of
3086 articles -- Issuance of certificate of merger or consolidation -- Fees.
3087 (1) Upon approval, articles of merger or consolidation shall be signed in duplicate by
3088 each party to the merger or consolidation by its president or a vice president and by its secretary
3089 or an assistant secretary and verified by one of the officers of each association and corporation
3090 signing the articles.
3091 (2) The articles shall set forth:
3092 (a) the plan of merger or consolidation;
3093 (b) a statement:
3094 (i) of the date of the meeting at which the plan of merger or consolidation was
3095 considered and voted upon;
3096 (ii) that a quorum was present at the meeting; and
3097 (iii) that notice of the meeting was given to all members and shareholders entitled to
3098 notice;
3099 (c) the number of members entitled to vote and the number of shares outstanding
3100 entitled to vote; and
3101 (d) the number of members who voted for and against the plan, respectively, and the
3102 number of shares voted for and against the plan, respectively.
3103 (3) (a) Duplicate originals of the articles of merger or consolidation shall be delivered
3104 to the Division of Corporations and Commercial Code and the fee established under Section
3105 [
3106 (b) If the Division of Corporations and Commercial Code finds that the articles
3107 conform to law, it shall, after the fees have been paid:
3108 (i) endorse on each of the duplicate originals the word "filed" and the month, day, and
3109 year of the filing;
3110 (ii) file one of the duplicate originals in its office; and
3111 (iii) issue a certificate of merger or consolidation, attach the other duplicate original,
3112 and return the certificate to the surviving or new corporation, or its representative.
3113 Section 3. Section 4-1-3.5 is amended to read:
3114 4-1-3.5. Procedures -- Adjudicative proceedings.
3115 The Department of Agriculture and Food and its divisions shall comply with the
3116 procedures and requirements of [
3117 Procedures Act, in their adjudicative proceedings.
3118 Section 4. Section 4-2-2 is amended to read:
3119 4-2-2. Functions, powers, and duties of department -- Fees for services --
3120 Marketing orders -- Procedure.
3121 (1) The department shall:
3122 (a) inquire into and promote the interests and products of agriculture and its allied
3123 industries;
3124 (b) promote methods for increasing the production and facilitating the distribution of
3125 the agricultural products of the state;
3126 (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
3127 among livestock and the means for their prevention and cure; and
3128 (ii) initiate, implement, and administer plans and programs to prevent the spread of
3129 diseases among livestock;
3130 (d) encourage experiments designed to determine the best means and methods for the
3131 control of diseases among domestic and wild animals;
3132 (e) issue marketing orders for any designated agricultural product to:
3133 (i) promote orderly market conditions for any product;
3134 (ii) give the producer a fair return on the producer's investment at the marketplace; and
3135 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
3136 commodities;
3137 (f) administer and enforce all laws assigned to the department by the Legislature;
3138 (g) establish standards and grades for agricultural products and fix and collect
3139 reasonable fees for services performed by the department in conjunction with the grading of
3140 agricultural products;
3141 (h) establish operational standards for any establishment that manufactures, processes,
3142 produces, distributes, stores, sells, or offers for sale any agricultural product;
3143 (i) adopt, according to [
3144 Administrative Rulemaking Act, rules necessary for the effective administration of the
3145 agricultural laws of the state;
3146 (j) when necessary, make investigations, subpoena witnesses and records, conduct
3147 hearings, issue orders, and make recommendations concerning all matters related to
3148 agriculture;
3149 (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
3150 private or public place that may become infested or infected with harmful insects, plant
3151 diseases, noxious or poisonous weeds, or other agricultural pests;
3152 (ii) establish and enforce quarantines;
3153 (iii) issue and enforce orders and rules for the control and eradication of pests, wherever
3154 they may exist within the state; and
3155 (iv) perform other duties relating to plants and plant products considered advisable and
3156 not contrary to law;
3157 (l) inspect apiaries for diseases inimical to bees and beekeeping;
3158 (m) take charge of any agricultural exhibit within the state, if considered necessary by
3159 the department, and award premiums at that exhibit;
3160 (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
3161 Conservation Commission Act, and administer and disburse any funds available to assist
3162 conservation districts in the state in the conservation of the state's soil and water resources; and
3163 (o) perform any additional functions, powers, and duties provided by law.
3164 (2) The department, by following the procedures and requirements of Section
3165 [
3166 department.
3167 (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
3168 (i) the department gives notice of the proposed order to the producers and handlers of
3169 the affected product;
3170 (ii) the commissioner conducts a hearing on the proposed order; and
3171 (iii) at least 50% of the registered producers and handlers of the affected products vote
3172 in favor of the proposed order.
3173 (b) (i) The department may establish boards of control to administer marketing orders
3174 and the proceeds derived from any order.
3175 (ii) The board of control shall:
3176 (A) ensure that all proceeds are placed in an account in the board of control's name in a
3177 depository institution; and
3178 (B) ensure that the account is annually audited by an accountant approved by the
3179 commissioner.
3180 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
3181 deposited in the General Fund as nonlapsing dedicated credits for the grain grading program.
3182 Section 5. Section 4-2-8.5 is amended to read:
3183 4-2-8.5. Salinity Offset Fund.
3184 (1) As used in this section, "Colorado River Salinity Offset Program" means a
3185 program, administered by the Division of Water Quality, allowing oil, gas, or mining
3186 companies and other entities to provide funds to finance salinity reduction projects in the
3187 Colorado River Basin by purchasing salinity credits as offsets against discharges made by the
3188 company under permits issued by the Division of Water Quality.
3189 (2) (a) There is created a restricted special revenue fund known as the "Salinity Offset
3190 Fund."
3191 (b) The fund shall consist of:
3192 (i) monies received from the Division of Water Quality that have been collected as part
3193 of the Colorado River Salinity Offset Program;
3194 (ii) grants from local governments, the state, or the federal government;
3195 (iii) grants from private entities; and
3196 (iv) interest on fund monies.
3197 (3) Any unallocated balance in the fund at the end of a fiscal year is nonlapsing.
3198 (4) (a) The department shall:
3199 (i) subject to the rules established under Subsection (4)(a)(ii), distribute fund monies to
3200 farmers, ranchers, mutual irrigation companies, and other entities in the state to assist in
3201 financing irrigation, rangeland, and watershed improvement projects that will, in accordance
3202 with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and
3203 (ii) in accordance with [
3204 Administrative Rulemaking Act, make rules establishing:
3205 (A) a project funding application process;
3206 (B) project funding requirements;
3207 (C) project approval criteria; and
3208 (D) standards for evaluating the effectiveness of funded projects in reducing salinity in
3209 the Colorado River.
3210 (b) The department may require entities seeking fund monies to provide matching
3211 funds.
3212 (c) The department shall submit to the Water Quality Board's executive secretary
3213 proposed funding projects for the executive secretary's review and approval.
3214 (5) The department may use fund monies for the administration of the fund, but this
3215 amount may not exceed 10% of the annual receipts to the fund.
3216 Section 6. Section 4-3-2 is amended to read:
3217 4-3-2. Authority to make and enforce rules.
3218 The department is authorized and directed, subject to [
3219 Chapter 3, Utah Administrative Rulemaking Act, to make and enforce such rules as may in its
3220 judgment and discretion be necessary to carry out the purposes of this chapter.
3221 Section 7. Section 4-3-14 is amended to read:
3222 4-3-14. Sale of raw milk -- Suspension of producer's permit -- Severability not
3223 permitted.
3224 (1) As used in this section:
3225 (a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
3226 (b) "Self-owned retail store" means a retail store:
3227 (i) of which the producer owns at least 51% of the value of the real property and
3228 tangible personal property used in the operations of the retail store; or
3229 (ii) for which the producer has the power to vote at least 51% of any class of voting
3230 shares or ownership interest in the business entity that operates the retail store.
3231 (2) Raw milk may be sold if:
3232 (a) the producer obtains a permit from the department to produce milk under
3233 Subsection 4-3-8 (5);
3234 (b) the sale and delivery of the milk is made upon the premises where the milk is
3235 produced, except as provided by Subsection (3);
3236 (c) it is sold to consumers for household use and not for resale;
3237 (d) it is bottled or packaged under sanitary conditions and in sanitary containers on the
3238 premises where the milk is produced;
3239 (e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts
3240 101 and 131 and rules established by the department;
3241 (f) it is:
3242 (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
3243 drawn from the animal;
3244 (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
3245 animal; and
3246 (iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to
3247 the consumer;
3248 (g) the bacterial count of the milk does not exceed 20,000 colony forming units per
3249 milliliter;
3250 (h) the bacterial plate count and the coliform count of the milk meet the bacterial and
3251 coliform enforcement standards for grade A pasteurized milk;
3252 (i) the production of the milk conforms to departmental rules for the production of
3253 grade A milk;
3254 (j) all dairy animals on the premises are:
3255 (i) permanently and individually identifiable; and
3256 (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
3257 (k) any person on the premises performing any work in connection with the production,
3258 bottling, handling, or sale of the milk is free from communicable disease.
3259 (3) A producer may sell raw whole milk at a self-owned retail store, which is properly
3260 staffed, if, in addition to the requirements of Subsection (2), the producer:
3261 (a) transports the milk from the premises where the milk is produced to the self-owned
3262 retail store in a refrigerated truck where the milk is maintained at 41 degrees Fahrenheit or a
3263 lower temperature;
3264 (b) retains ownership of the milk until it is sold to the final consumer, including
3265 transporting the milk from the premises where the milk is produced to the self-owned retail
3266 store without any:
3267 (i) intervening storage;
3268 (ii) change of ownership; or
3269 (iii) loss of physical control;
3270 (c) stores the milk at 41 degrees Fahrenheit or a lower temperature in a display case
3271 equipped with a properly calibrated thermometer at the self-owned retail store;
3272 (d) places a sign above the display case at the self-owned retail store that reads, "Raw
3273 Unpasteurized Milk";
3274 (e) labels the milk with:
3275 (i) a date, no more than nine days after the milk is produced, by which the milk should
3276 be sold;
3277 (ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
3278 (iii) handling instructions to preserve quality and avoid contamination or spoilage; and
3279 (iv) any other information required by rule;
3280 (f) refrains from offering the milk for sale until:
3281 (i) each batch of milk is tested for standard plate count and coliform count from an
3282 official sample taken at the self-owned retail store and tested by a third party certified by the
3283 department; and
3284 (ii) the test results meet the minimum standards established for those tests;
3285 (g) (i) maintains a database of the milk sales; and
3286 (ii) makes the database available to the Department of Health during the self-owned
3287 retail store's business hours for purposes of epidemiological investigation;
3288 (h) refrains from offering any pasteurized milk at the self-owned retail store;
3289 (i) ensures that the plant and retail store complies with Title 4, Chapter 5, Utah
3290 Wholesome Food Act, and the rules governing food establishments enacted under Section
3291 4-5-9 ;
3292 (j) participates in a hazard analysis critical control point system as established by the
3293 United States Food and Drug Administration;
3294 (k) conducts monthly tests on a sample taken from a batch of milk for:
3295 (i) Listeria monocytogenes;
3296 (ii) Salmonella typhimurium;
3297 (iii) Salmonella dublin;
3298 (iv) Campylobacter jejuni; and
3299 (v) E.Coli 0157:H7; and
3300 (l) complies with all applicable rules adopted as authorized by this chapter.
3301 (4) The person conducting the tests required by Subsection (3) shall send a copy of the
3302 test results to the department as soon as the test results are available.
3303 (5) (a) The department shall adopt rules, as authorized by Section 4-3-2 , governing the
3304 sale of raw whole milk at a self-owned retail store.
3305 (b) The rules adopted by the department shall include rules regarding:
3306 (i) permits;
3307 (ii) building and premises requirements;
3308 (iii) sanitation and operating requirements, including bulk milk tanks requirements;
3309 (iv) additional tests, including a test for pathogens;
3310 (v) frequency of inspections, including random cooler checks;
3311 (vi) recordkeeping; and
3312 (vii) packaging and labeling.
3313 (c) (i) The department shall establish a fee for the tests and inspections required by this
3314 section and by rule by following the procedures and requirements of Section [
3315 63J-1-303 .
3316 (ii) Notwithstanding Section [
3317 as dedicated credits and may only use the fees to administer and enforce this section.
3318 (6) (a) The department shall suspend a permit issued under Section 4-3-8 if a producer
3319 violates any provision of this section or any rules adopted as authorized by this section.
3320 (b) The department may reissue a permit that has been suspended under Subsection
3321 (6)(a) if the producer has complied with all of the requirements of this section and rules
3322 adopted as authorized by this section.
3323 (7) For 2008 and 2009, the Department of Health and the Department of Agriculture
3324 and Food shall report on or before November 30th to the Natural Resources, Agriculture, and
3325 Environment Interim Committee and the Health and Human Services Interim Committee on
3326 any health problems resulting from the sale of raw whole milk at self-owned retail stores.
3327 (8) (a) If any subsection of this section or the application of any subsection to any
3328 person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
3329 the remainder of the section may not be given effect without the invalid subsection or
3330 application.
3331 (b) The provisions of this section may not be severed.
3332 Section 8. Section 4-4-2 is amended to read:
3333 4-4-2. Authority to make and enforce rules.
3334 The department is authorized, subject to [
3335 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3336 necessary to administer and enforce this chapter.
3337 Section 9. Section 4-5-9 is amended to read:
3338 4-5-9. Registration of food establishments -- Fee -- Suspension and reinstatement
3339 of registration -- Inspection for compliance.
3340 (1) (a) Pursuant to [
3341 Rulemaking Act, the department shall establish rules providing for the registration of food
3342 establishments to protect public health and ensure a safe food supply.
3343 (b) The owner or operator of a food establishment shall register with the department
3344 before operating a food establishment.
3345 (c) Prior to granting a registration to the owner or operator of a food establishment, the
3346 department shall inspect and assess the food establishment to determine whether it complies
3347 with the rules established under Subsection (1)(a).
3348 (d) An applicant shall register with the department, in writing, using forms required by
3349 the department.
3350 (e) The department shall issue a registration to an applicant, if the department
3351 determines that the applicant meets the qualifications of registration established under
3352 Subsection (1)(a).
3353 (f) If the applicant does not meet the qualifications of registration, the department shall
3354 notify the applicant, in writing, that the applicant's registration is denied.
3355 (g) (i) If an applicant submits an incomplete application, a written notice of conditional
3356 denial of registration shall be provided to an applicant.
3357 (ii) The applicant must correct the deficiencies within the time period specified in the
3358 notice to receive a registration.
3359 (h) (i) The department may, as provided under Subsection 4-2-2 (2), charge the food
3360 establishment a registration fee.
3361 (ii) The department shall retain the fees as dedicated credits and shall use the fees to
3362 administer the registration of food establishments.
3363 (2) (a) A registration, issued under this section, shall be valid from the date the
3364 department issues the registration, to December 31 of the year the registration is issued.
3365 (b) A registration may be renewed for the following year by applying for renewal by
3366 December 31 of the year the registration expires.
3367 (3) A registration, issued under this section, shall specify:
3368 (a) the name and address of the food establishment;
3369 (b) the name of the owner or operator of the food establishment; and
3370 (c) the registration issuance and expiration date.
3371 (4) (a) The department may immediately suspend a registration, issued under this
3372 section, if any of the conditions of registration have been violated.
3373 (b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
3374 reinstatement of a registration.
3375 (ii) If the department determines that all registration requirements have been met, the
3376 department shall reinstate the registration.
3377 (5) (a) A food establishment, registered under this section, shall allow the department to
3378 have access to the food establishment to determine if the food establishment is complying with
3379 the registration requirements.
3380 (b) If a food establishment denies access for an inspection required under Subsection
3381 (5)(a), the department may suspend the food establishment's registration until the department is
3382 allowed access to the food establishment's premises.
3383 Section 10. Section 4-5-9.5 is amended to read:
3384 4-5-9.5. Cottage food production operations.
3385 (1) For purposes of this chapter:
3386 (a) "Cottage food production operation" means a person, who in the person's home,
3387 produces a food product that is not a potentially hazardous food or a food that requires
3388 time/temperature controls for safety.
3389 (b) "Home" means a primary residence:
3390 (i) occupied by the individual who is operating a cottage food production operation;
3391 and
3392 (ii) which contains:
3393 (A) a kitchen designed for common residential usage; and
3394 (B) appliances designed for common residential usage.
3395 (c) "Potentially hazardous food" or "food that requires time/temperature controls for
3396 safety":
3397 (i) means a food that requires time and or temperature control for safety to limit
3398 pathogenic microorganism growth or toxin formation and is in a form capable of supporting:
3399 (A) the rapid and progressive growth of infections or toxigenic microorganisms;
3400 (B) the growth and toxin production of Clostridium botulinum; or
3401 (C) in shell eggs, the growth of Salmonella enteritidis;
3402 (ii) includes:
3403 (A) an animal food;
3404 (B) a food of animal origin that is raw or heat treated;
3405 (C) a food of plant origin that is heat treated or consists of raw seed sprouts;
3406 (D) cut melons;
3407 (E) cut tomatoes; and
3408 (F) garlic and oil mixtures that are not acidified or otherwise modified at a food
3409 establishment in a way that results in mixtures that do not support growth as specified under
3410 Subsection (1)(c)(i); and
3411 (iii) does not include:
3412 (A) an air-cooled hard-boiled egg with shell intact;
3413 (B) a food with an actual weight or water activity value of 0.85 or less;
3414 (C) a food with pH level of 4.6 or below when measured at 24 degrees Centigrade;
3415 (D) a food, in an unopened hermetically sealed container, that is processed to achieve
3416 and maintain sterility under conditions of nonrefrigerated storage and distribution;
3417 (E) a food for which laboratory evidence demonstrates that the rapid and progressive
3418 growth of items listed in Subsection (1)(c)(i) cannot occur, such as a food that:
3419 (I) has an actual weight and a pH level that are above the levels specified under
3420 Subsections (1)(c)(iii)(B) and (C); or
3421 (II) contains a preservative or other barrier to the growth of microorganisms, or a
3422 combination of barriers that inhibit the growth of microorganisms; or
3423 (F) a food that does not support the growth of microorganisms as specified under
3424 Subsection (1)(c)(i) even though the food may contain an infectious or toxigenic
3425 microorganism or chemical or physical contaminant at a level sufficient to cause illness.
3426 (2) (a) The department shall adopt rules pursuant to [
3427 Chapter 3, Utah Administrative Rulemaking Act, as necessary to protect public health and
3428 ensure a safe food supply.
3429 (b) Rules adopted pursuant to this Subsection (2) shall provide for:
3430 (i) the registration of cottage food production operations as food establishments under
3431 this chapter;
3432 (ii) the labeling of products from a cottage food production operation as "Home
3433 Produced"; and
3434 (iii) other exceptions to the chapter that the department determines are appropriate and
3435 that are consistent with this section.
3436 (3) Rules adopted pursuant to Subsection (2):
3437 (a) may not require:
3438 (i) the use of commercial surfaces such as stainless steel counters or cabinets;
3439 (ii) the use of a commercial grade:
3440 (A) sink;
3441 (B) dishwasher; or
3442 (C) oven;
3443 (iii) a separate kitchen for the cottage food production operation; or
3444 (iv) the submission of plans and specifications before construction of, or remodel of, a
3445 cottage food production operation; and
3446 (b) may require:
3447 (i) an inspection of a cottage food production operation:
3448 (A) prior to issuing a registration for the cottage food production operation; and
3449 (B) at other times if the department has reason to believe the cottage food production
3450 operation is operating:
3451 (I) in violation of this chapter or an administrative rule adopted pursuant to this
3452 section; or
3453 (II) in an unsanitary manner; and
3454 (ii) the use of finished and cleanable surfaces.
3455 (4) (a) The operator of a cottage food production operation shall:
3456 (i) register with the department as a cottage food production operation before operating
3457 as a cottage food production operation; and
3458 (ii) hold a valid food handler's permit.
3459 (b) Notwithstanding the provisions of Subsections 4-5-9 (1)(a) and (c), the department
3460 shall issue a registration to an applicant for a cottage food production operation if the applicant
3461 for the registration:
3462 (i) passes the inspection required by Subsection (3)(b);
3463 (ii) pays the fees required by the department; and
3464 (iii) meets the requirements of this section.
3465 (5) Notwithstanding the provisions of Section 26A-1-114 , a local health department:
3466 (a) does not have jurisdiction to regulate the production of food at a cottage food
3467 production operation operating in compliance with this section, as long as the products are not
3468 offered to the public for consumption on the premises; and
3469 (b) does have jurisdiction to investigate a cottage food production operation in any
3470 investigation into the cause of a food born illness outbreak.
3471 (6) A food service establishment as defined in Section 26-15a-102 may not use a
3472 product produced in a cottage food production operation as an ingredient in any food that is
3473 prepared by the food establishment and offered by the food establishment to the public for
3474 consumption.
3475 Section 11. Section 4-9-2 is amended to read:
3476 4-9-2. Authority to promulgate rules.
3477 The department is authorized, subject to [
3478 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3479 necessary to administer and enforce this chapter.
3480 Section 12. Section 4-9-15 is amended to read:
3481 4-9-15. Registration of commercial establishments using weights and measures --
3482 Approved weights and measures inspectors -- Application -- Fee -- Expiration -- Renewal.
3483 (1) (a) Pursuant to [
3484 Rulemaking Act, the department shall establish rules providing for the registration of weights
3485 and measures users and issuance of certification of weights and measures devices to ensure the
3486 use of correct weights and measures in commerce or trade.
3487 (b) The division may:
3488 (i) determine whether weights and measures are correct through:
3489 (A) inspection and testing by department employees; or
3490 (B) acceptance of an inspection and testing report prepared by a registered weights and
3491 measures service person;
3492 (ii) establish standards and qualifications for registered weights and measures service
3493 persons; and
3494 (iii) determine the form and content of an inspection and testing report.
3495 (c) A weights and measures user shall register with the department.
3496 (d) Prior to granting a registration to a weights and measures user, the department shall
3497 determine whether the weights and measures user complies with the rules established under
3498 Subsection (1)(a).
3499 (e) An applicant shall register with the department, in writing, using forms required by
3500 the department.
3501 (f) The department shall issue a registration to an applicant, if the department
3502 determines that the applicant meets the qualifications of registration established under
3503 Subsection (1)(a).
3504 (g) If the applicant does not meet the qualifications of registration, the department shall
3505 notify the applicant, in writing, that the applicant's registration is denied.
3506 (h) (i) If an applicant submits an incomplete application, a written notice of conditional
3507 denial of registration shall be provided to an applicant.
3508 (ii) The applicant must correct the deficiencies within the time period specified in the
3509 notice to receive a registration.
3510 (i) (i) The department may, as provided under Subsection 4-2-2 (2), charge the weights
3511 and measures user a registration fee.
3512 (ii) The department shall retain the fees as dedicated credits and shall use the fees to
3513 administer the registration of weights and measures users.
3514 (2) (a) A registration, issued under this section, shall be valid from the date the
3515 department issues the registration, to December 31 of the year the registration is issued.
3516 (b) A registration may be renewed for the following year by applying for renewal by
3517 December 31 of the year the registration expires.
3518 (3) A registration, issued under this section, shall specify:
3519 (a) the name and address of the weights and measures user;
3520 (b) the registration issuance and expiration date; and
3521 (c) the number and type of weights and measures devices to be certified.
3522 (4) (a) The department may immediately suspend a registration, issued under this
3523 section, if any of the requirements of Section 4-9-12 are violated.
3524 (b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
3525 reinstatement of a registration.
3526 (ii) If the department determines that all requirements under Section 4-9-12 are being
3527 met, the department shall reinstate the registration.
3528 (5) (a) A weights and measures user, registered under this section, shall allow the
3529 department access to the weights and measures user's place of business to determine if the
3530 weights and measures user is complying with the registration requirements.
3531 (b) If a weights and measures user denies access for an inspection required under
3532 Subsection (5)(a), the department may suspend the weights and measures user's registration
3533 until the department is allowed access to the weights and measures user's place of business.
3534 Section 13. Section 4-10-3 is amended to read:
3535 4-10-3. Authority to make and enforce rules.
3536 The department is authorized, subject to [
3537 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3538 necessary to administer and enforce this chapter.
3539 Section 14. Section 4-11-3 is amended to read:
3540 4-11-3. Department authorized to make and enforce rules.
3541 The department is authorized, subject to [
3542 Utah Administrative Rulemaking Act, to make and enforce such rules as it considers necessary
3543 for the administration and enforcement of this chapter. Such rules shall include provisions for
3544 the identification of each apiary within the state.
3545 Section 15. Section 4-12-3 is amended to read:
3546 4-12-3. Department authorized to make and enforce rules -- Cooperation with
3547 state and federal agencies authorized.
3548 The department is authorized, subject to [
3549 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3550 necessary to administer and enforce this chapter and may cooperate with, or enter into
3551 agreements with, other agencies of this state, other states, and agencies of the United States in
3552 the administration and enforcement of this chapter.
3553 Section 16. Section 4-14-3 is amended to read:
3554 4-14-3. Registration required for distribution -- Application -- Fees -- Renewal --
3555 Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
3556 (1) (a) No person may distribute a pesticide in this state that is not registered with the
3557 department.
3558 (b) Application for registration shall be made to the department upon forms prescribed
3559 and furnished by it accompanied with an annual registration fee determined by the department
3560 pursuant to Subsection 4-2-2 (2) for each pesticide registered.
3561 (c) Upon receipt by the department of a proper application and payment of the
3562 appropriate fee, the commissioner shall issue a registration to the applicant allowing
3563 distribution of the registered pesticide in this state through June 30 of each year, subject to
3564 suspension or revocation for cause.
3565 (d) (i) Each registration is renewable for a period of one year upon the payment of an
3566 annual registration renewal fee in an amount equal to the current applicable original
3567 registration fee.
3568 (ii) Each renewal fee shall be paid on or before June 30 of each year.
3569 (2) The application shall include the following information:
3570 (a) the name and address of the applicant and the name and address of the person
3571 whose name will appear on the label, if other than the applicant's name;
3572 (b) the name of the pesticide;
3573 (c) a complete copy of the label which will appear on the pesticide; and
3574 (d) any information prescribed by rule of the department considered necessary for the
3575 safe and effective use of the pesticide.
3576 (3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30
3577 days before their registration expires.
3578 (b) A registration in effect on June 30 for which a renewal application has been filed
3579 and the registration fee tendered shall continue in effect until the applicant is notified either
3580 that the registration is renewed or that it is suspended or revoked pursuant to Section 4-14-8 .
3581 (4) The department may, before approval of any registration, require the applicant to
3582 submit the complete formula of any pesticide including active and inert ingredients and may
3583 also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
3584 which restrictions are being considered, require a complete description of all tests and test
3585 results that support the claims made by the applicant or the manufacturer of the pesticide.
3586 (5) A registrant who desires to register a pesticide to meet special local needs
3587 according to 7 U.S.C. Sec. 136a(c) shall, in addition to complying with Subsections (1) and (2),
3588 satisfy the department that:
3589 (a) a special local need exists;
3590 (b) the pesticide warrants the claims made for it;
3591 (c) the pesticide, if used in accordance with commonly accepted practices, will not
3592 cause unreasonable adverse effects on the environment; and
3593 (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
3594 (6) No registration is required for a pesticide distributed in this state pursuant to an
3595 experimental use permit issued by the EPA or under Section 4-14-5 .
3596 (7) No pesticide dealer may distribute a restricted use pesticide in this state without a
3597 license.
3598 (8) A person must receive a license before applying:
3599 (a) a restricted use pesticide; or
3600 (b) a general use pesticide for hire or in exchange for compensation.
3601 (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
3602 by:
3603 (i) submitting an application on a form provided by the department;
3604 (ii) paying the license fee determined by the department according to Subsection
3605 4-2-2 (2); and
3606 (iii) complying with the rules adopted as authorized by this chapter.
3607 (b) A person may apply for a license that expires on December 31:
3608 (i) of the calendar year in which the license is issued; or
3609 (ii) of the second calendar year after the calendar year in which the license is issued.
3610 (c) (i) Notwithstanding Section [
3611 fees as dedicated credits and may only use the fees to administer and enforce this chapter.
3612 (ii) The Legislature may annually designate the revenue generated from the fee as
3613 nonlapsing in an appropriations act.
3614 Section 17. Section 4-14-6 is amended to read:
3615 4-14-6. Department authorized to make and enforce rules.
3616 The department may, by following the procedures and requirements of [
3617
3618 (1) declare as a pest any form of plant or animal life that is injurious to health or the
3619 environment, except:
3620 (a) a human being; or
3621 (b) a bacteria, virus, or other microorganism on or in a living person or animal;
3622 (2) establish, in accordance with the regulations promulgated by the EPA under 7
3623 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the
3624 authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man;
3625 (3) establish, consistent with EPA regulations, that certain pesticides or quantities of
3626 substances contained in these pesticides are injurious to the environment;
3627 (4) adopt a list of "restricted use pesticides" for the state or designated areas within the
3628 state if it determines upon substantial evidence presented at a public hearing and upon
3629 recommendation of the pesticide committee that restricted use is necessary to prevent damage
3630 to property or to the environment;
3631 (5) establish qualifications for a pesticide applicator business; and
3632 (6) adopt any rule, not inconsistent with federal regulations promulgated under FIFRA,
3633 considered necessary to administer and enforce this chapter, including rules relating to the
3634 sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to
3635 protect the public health.
3636 Section 18. Section 4-14-13 is amended to read:
3637 4-14-13. Registration required for a pesticide business.
3638 (1) A pesticide applicator business shall register with the department by:
3639 (a) submitting an application on a form provided by the department;
3640 (b) paying the registration fee; and
3641 (c) certifying that the business is in compliance with this chapter and departmental
3642 rules authorized by this chapter.
3643 (2) (a) By following the procedures and requirements of Section [
3644 63J-1-303 , the department shall establish a registration fee based on the number of pesticide
3645 applicators employed by the pesticide applicator business.
3646 (b) (i) Notwithstanding Section [
3647 fees as dedicated credits and may only use the fees to administer and enforce this chapter.
3648 (ii) The Legislature may annually designate the revenue generated from the fee as
3649 nonlapsing in an appropriations act.
3650 (3) (a) The department shall issue a pesticide applicator business a registration
3651 certificate if the pesticide applicator business:
3652 (i) has complied with the requirements of this section; and
3653 (ii) meets the qualifications established by rule.
3654 (b) The department shall notify the pesticide applicator business in writing that the
3655 registration is denied if the pesticide applicator business does not meet the registration
3656 qualifications.
3657 (4) A registration certificate expires on December 31 of the second calendar year after
3658 the calendar year in which the registration certificate is issued.
3659 (5) (a) The department may suspend a registration certificate if the pesticide applicator
3660 business violates this chapter or any rules authorized by it.
3661 (b) A pesticide applicator business whose registration certificate has been suspended
3662 may apply to the department for reinstatement of the registration certificate by demonstrating
3663 compliance with this chapter and rules authorized by it.
3664 (6) A pesticide applicator business shall:
3665 (a) only employ a pesticide applicator who has received a license from the department,
3666 as required by Section 4-14-3 ; and
3667 (b) ensure that all employees comply with this chapter and the rules authorized by it.
3668 Section 19. Section 4-15-3 is amended to read:
3669 4-15-3. Department authorized to make and enforce rules.
3670 The department is authorized, subject to [
3671 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3672 necessary to administer and enforce this chapter.
3673 Section 20. Section 4-16-3 is amended to read:
3674 4-16-3. Department authorized to make and enforce rules -- Cooperation with
3675 state and federal agencies authorized.
3676 The department is authorized, subject to [
3677 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3678 deemed necessary to administer and enforce this chapter; and, in conjunction with its
3679 administration and enforcement, it is authorized to cooperate with other state agencies, other
3680 states, and with the United States Department of Agriculture or other departments or agencies
3681 of the federal government.
3682 Section 21. Section 4-18-5 is amended to read:
3683 4-18-5. Conservation commission -- Functions and duties.
3684 (1) The commission shall:
3685 (a) facilitate the development and implementation of the strategies and programs
3686 necessary to protect, conserve, utilize, and develop the soil and water resources of the state;
3687 (b) disseminate information regarding districts' activities and programs;
3688 (c) supervise the formation, reorganization, or dissolution of districts according to the
3689 requirements of Title 17A, Chapter 3, Part 8, Conservation Districts;
3690 (d) prescribe uniform accounting and recordkeeping procedures for districts and
3691 require each district to submit annually an audit of its funds to the commission;
3692 (e) approve and make loans for agricultural purposes, from the Agriculture Resource
3693 Development Fund for:
3694 (i) nonfederal rangeland improvement and management projects;
3695 (ii) watershed protection and flood prevention projects;
3696 (iii) agricultural cropland soil and water conservation projects; and
3697 (iv) programs designed to promote energy efficient farming practices;
3698 (f) administer federal or state funds in accordance with applicable federal or state
3699 guidelines and make loans or grants from those funds to land occupiers for the conservation of
3700 soil or water resources;
3701 (g) seek to coordinate soil and water protection, conservation, and development
3702 activities and programs of state agencies, local governmental units, other states, special interest
3703 groups, and federal agencies; and
3704 (h) plan watershed and flood control projects in cooperation with appropriate local,
3705 state, and federal authorities and coordinate flood control projects in the state.
3706 (2) The commission may:
3707 (a) employ, with the approval of the department, an administrator and necessary
3708 technical experts and employees;
3709 (b) execute contracts or other instruments necessary to exercise its powers;
3710 (c) sue and be sued; and
3711 (d) adopt rules, in accordance with [
3712 Administrative Rulemaking Act, necessary to carry out the powers and duties specified in
3713 Subsections (1)(d), (e), (f), and (2)(b).
3714 Section 22. Section 4-18-6.5 is amended to read:
3715 4-18-6.5. Grants to improve manure management or control runoff at animal
3716 feeding operations.
3717 (1) (a) The commission may make grants to owners or operators of animal feeding
3718 operations to pay for costs of plans or projects to improve manure management or control
3719 surface water runoff, including costs of preparing or implementing comprehensive nutrient
3720 management plans.
3721 (b) The commission shall make the grants described in Subsection (1)(a) from funds
3722 appropriated by the Legislature for that purpose.
3723 (2) (a) In awarding grants, the commission shall consider the following criteria:
3724 (i) the ability of the grantee to pay for costs of plans or projects to improve manure
3725 management or control surface water runoff;
3726 (ii) the availability of:
3727 (A) matching funds provided by the grantee or another source; or
3728 (B) material, labor, or other items of value provided in lieu of money by the grantee or
3729 another source; and
3730 (iii) the benefits that accrue to the general public by the awarding of a grant.
3731 (b) The commission may establish by rule additional criteria for the awarding of grants.
3732 (3) The commission shall make rules in accordance with [
3733 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section.
3734 Section 23. Section 4-20-1.5 is amended to read:
3735 4-20-1.5. State Grazing Advisory Board -- Duties.
3736 (1) (a) There is created within the department the State Grazing Advisory Board.
3737 (b) The commissioner shall appoint the following members:
3738 (i) one member from each regional board;
3739 (ii) one member from the Conservation Commission created in Section 4-18-4 ;
3740 (iii) one representative of the Department of Natural Resources;
3741 (iv) two livestock producers at-large; and
3742 (v) one representative of the oil, gas, or mining industry.
3743 (2) The term of office for a state board member is four years.
3744 (3) Members of the state board shall elect a chair, who shall serve for two years.
3745 (4) (a) (i) A member who is not a government employee may not receive compensation
3746 or benefits for the member's service, but may receive per diem and expenses incurred in the
3747 performance of the member's official duties at the rates established by the Division of Finance
3748 under Sections 63A-3-106 and 63A-3-107 .
3749 (ii) A member may decline to receive per diem and expenses for the member's service.
3750 (b) (i) A state government officer and employee member who does not receive salary,
3751 per diem, or expenses from the agency the member represents for the member's service may
3752 receive per diem and expenses incurred in the performance of the member's official duties at
3753 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
3754 (ii) A state government officer and employee member may decline to receive per diem
3755 and expenses for the member's service.
3756 (c) (i) A local government member who does not receive salary, per diem, or expenses
3757 from the entity that the member represents for the member's service may receive per diem and
3758 expenses incurred in the performance of the member's official duties at the rates established by
3759 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
3760 (ii) A local government member may decline to receive per diem and expenses for the
3761 member's service.
3762 (5) The state board shall:
3763 (a) receive:
3764 (i) advice and recommendations from a regional board concerning:
3765 (A) management plans for public lands, state lands, and school and institutional trust
3766 lands as defined in Section 53C-1-103 , within the regional board's region; and
3767 (B) any issue that impacts grazing on private lands, public lands, state lands, or school
3768 and institutional trust lands as defined in Section 53C-1-103 , in its region; and
3769 (ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
3770 through (iv);
3771 (b) recommend state policy positions and cooperative agency participation in federal
3772 and state land management plans to the department and to the Public Lands Policy
3773 Coordinating Office created under Section [
3774 (c) advise the department on the requests and recommendations of:
3775 (i) regional boards;
3776 (ii) county weed control boards created under Section 4-17-4 ;
3777 (iii) cooperative weed management associations; and
3778 (iv) conservation districts created under the authority of Title 17A, Chapter 3, Part 8,
3779 Conservation Districts.
3780 Section 24. Section 4-22-4.5 is amended to read:
3781 4-22-4.5. Exemption from certain operational requirements.
3782 The commission is exempt from:
3783 (1) Title 51, Chapter 5, Funds Consolidation Act;
3784 (2) Title 51, Chapter 7, State Money Management Act;
3785 (3) [
3786 (4) Title 63A, Utah Administrative Services Code; and
3787 (5) Title 67, Chapter 19, Utah State Personnel Management Act.
3788 Section 25. Section 4-23-5 is amended to read:
3789 4-23-5. Board responsibilities -- Damage prevention policy -- Rules -- Methods to
3790 control predators and depredating birds and animals.
3791 (1) The board is responsible for the formulation of the agricultural and wildlife damage
3792 prevention policy of the state and in conjunction with its responsibility may, consistent with
3793 [
3794 to implement its policy which shall be administered by the department.
3795 (2) In its policy deliberations the board shall:
3796 (a) specify programs designed to prevent damage to livestock, poultry, and agricultural
3797 crops; and
3798 (b) specify methods for the prevention of damage and for the selective control of
3799 predators and depredating birds and animals including, but not limited to, hunting, trapping,
3800 chemical toxicants, and the use of aircraft.
3801 (3) The board may also:
3802 (a) specify bounties on designated predatory animals and recommend procedures for
3803 the payment of bounty claims, recommend bounty districts, recommend persons not authorized
3804 to receive bounty, and recommend to the department other actions it [
3805 advisable for the enforcement of its policies; and
3806 (b) cooperate with federal, state, and local governments, educational institutions, and
3807 private persons or organizations, through agreement or otherwise, to effectuate its policies.
3808 Section 26. Section 4-24-3 is amended to read:
3809 4-24-3. Department authorized to make and enforce rules.
3810 The department is authorized, subject to [
3811 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3812 necessary to administer and enforce this chapter.
3813 Section 27. Section 4-25-3 is amended to read:
3814 4-25-3. Department authorized to make and enforce rules.
3815 The department is authorized, subject to [
3816 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3817 necessary to administer and enforce this chapter.
3818 Section 28. Section 4-29-1 is amended to read:
3819 4-29-1. Department authorized to make and enforce rules.
3820 The department is authorized, subject to [
3821 Utah Administrative Rulemaking Act, to make and enforce such rules as it considers necessary
3822 for the administration and enforcement of this chapter.
3823 Section 29. Section 4-30-3 is amended to read:
3824 4-30-3. Department authorized to make and enforce rules.
3825 The department is authorized, subject to [
3826 Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are
3827 necessary to administer and enforce this chapter.
3828 Section 30. Section 4-31-16.5 is amended to read:
3829 4-31-16.5. Brucellosis -- Vaccination required for certain cattle -- Testing
3830 required to import certain cattle.
3831 (1) As used in this section, "test-eligible" has the meaning defined in 9 C.F.R. Sec.
3832 78.1.
3833 (2) (a) Instate origin replacement cattle that are kept for breeding stock must be official
3834 calfhood vaccinated for brucellosis.
3835 (b) Female cattle from within the state that are not kept for breeding stock will not be
3836 required to be vaccinated.
3837 (c) For purposes of this Subsection (2), the department may make rules in accordance
3838 with [
3839 governing non-legible brucellosis tattoos and may accept brucellosis vaccination record forms
3840 as evidence that brucellosis vaccinations were performed.
3841 (3) All female beef-breed cattle imported into the state are required to be official
3842 calfhood vaccinated for brucellosis except female cattle:
3843 (a) less than four months of age;
3844 (b) going directly to slaughter;
3845 (c) going to a qualified feedlot; or
3846 (d) going to an approved auction to be vaccinated on arrival or designated for slaughter
3847 only.
3848 (4) (a) Test-eligible cattle imported from states designated as brucellosis-free under 9
3849 C.F.R. Sec. 78.43, that are acquired directly from the farm of origin are not required to be
3850 tested for brucellosis before movement into the state.
3851 (b) Test-eligible cattle imported from states designated as brucellosis-free under 9
3852 C.F.R. Sec. 78.43, that are acquired through trading channels must test negative for brucellosis
3853 within 30 days before movement into the state.
3854 (5) Test-eligible cattle imported from states that have not been designated as
3855 brucellosis-free under 9 C.F.R. Sec. 78.43, must test negative for brucellosis within 30 days
3856 before movement into the state.
3857 (6) The department may investigate situations where fees for brucellosis vaccinations
3858 are considered to be excessive.
3859 (7) The department may make rules in accordance with [
3860 63G, Chapter 3, Utah Administrative Rulemaking Act, for beef-breed cattle that are acquired
3861 for specialized breeding purposes, and may exempt those cattle from brucellosis vaccination
3862 requirements.
3863 (8) The department shall make rules in accordance with [
3864 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section.
3865 Section 31. Section 4-31-21 is amended to read:
3866 4-31-21. Trichomoniasis -- Department to make rules.
3867 The department shall make rules for the prevention and control of trichomoniasis in
3868 cattle and bison in accordance with [
3869 Administrative Rulemaking Act.
3870 Section 32. Section 4-32-7 is amended to read:
3871 4-32-7. Mandatory functions, powers, and duties of department prescribed.
3872 The department shall make rules pursuant to [
3873 3, Utah Administrative Rulemaking Act, regarding the following functions, powers, and duties,
3874 in addition to those specified in Title 4, Chapter 1, Utah Agricultural Code, for the
3875 administration and enforcement of this chapter:
3876 (1) The department shall require antemortem and postmortem inspections, quarantine,
3877 segregation, and reinspections by inspectors appointed for those purposes with respect to the
3878 slaughter of livestock and poultry and the preparation of livestock and poultry products at
3879 official establishments, except as provided in Subsection 4-32-8 (13).
3880 (2) The department shall require that:
3881 (a) livestock and poultry be identified for inspection purposes;
3882 (b) livestock or poultry products, or their containers be marked or labeled as:
3883 (i) "Utah Inspected and Passed" if, upon inspection, the products are found to be
3884 unadulterated; and
3885 (ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be
3886 adulterated; and
3887 (c) condemned products, which otherwise would be used for human consumption, be
3888 destroyed under the supervision of an inspector.
3889 (3) The department shall prohibit or limit livestock products, poultry products, or other
3890 materials not prepared under inspection procedures provided in this chapter, from being
3891 brought into official establishments.
3892 (4) The department shall require that labels and containers for livestock and poultry
3893 products:
3894 (a) bear all information required under Section 4-32-3 if the product leaves the official
3895 establishment; and
3896 (b) be approved prior to sale or transportation.
3897 (5) For official establishments required to be inspected under Subsection (1), the
3898 department shall:
3899 (a) prescribe sanitary standards;
3900 (b) require experts in sanitation or other competent investigators to investigate sanitary
3901 conditions; and
3902 (c) refuse to provide inspection service if the sanitary conditions allow adulteration of
3903 any livestock or poultry product.
3904 (6) (a) The department shall require that any person engaged in a business referred to in
3905 Subsection (6)(b) shall:
3906 (i) keep accurate records disclosing all pertinent business transactions;
3907 (ii) allow inspection of the business premises at reasonable times and examination of
3908 inventory, records, and facilities; and
3909 (iii) allow inventory samples to be taken after payment of their fair market value.
3910 (b) Subsection (6)(a) shall refer to any person who:
3911 (i) slaughters livestock or poultry;
3912 (ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any livestock or
3913 poultry products for human or animal consumption;
3914 (iii) renders livestock or poultry; or
3915 (iv) buys, sells, or transports any dead, dying, disabled, or diseased livestock or poultry,
3916 or parts of their carcasses that died by a method other than slaughter.
3917 (7) (a) The department shall:
3918 (i) adopt by reference rules and regulations under federal acts with changes that the
3919 commissioner considers appropriate to make the rules and regulations applicable to operations
3920 and transactions subject to this chapter; and
3921 (ii) promulgate any other rules considered necessary for the efficient execution of the
3922 provisions of this chapter, including rules of practice providing an opportunity for hearing in
3923 connection with the issuance of orders under Subsection (5) or under Subsection 4-32-8 (1), (2),
3924 or (3) and prescribing procedures for proceedings in these cases.
3925 (b) These procedures shall not preclude requiring that a label or container be withheld
3926 from use, or inspection be refused under Subsections (1) and (5), or Subsection 4-32-8 (3),
3927 pending issuance of a final order in the proceeding.
3928 (8) (a) To prevent the inhumane slaughtering of livestock and poultry, inspectors shall
3929 be appointed to examine and inspect methods of handling and slaughtering livestock and
3930 poultry.
3931 (b) Inspection of new slaughtering establishments may be refused or temporarily
3932 suspended if livestock or poultry have been slaughtered or handled by any method not in
3933 accordance with the Humane Methods of Slaughter Act of 1978, Public Law 95-445.
3934 (9) (a) The department shall require all livestock and poultry showing symptoms of
3935 disease during antemortem inspection, performed by an inspector appointed for that purpose, to
3936 be set apart and slaughtered separately from other livestock and poultry.
3937 (b) When slaughtered, the carcasses of livestock and poultry shall be subject to careful
3938 examination and inspection in accordance with rules prescribed by the commissioner.
3939 Section 33. Section 4-33-4 is amended to read:
3940 4-33-4. Administrative and enforcement powers of department.
3941 The department shall administer and enforce this chapter and may:
3942 (1) make and enforce such rules, subject to [
3943 3, Utah Administrative Rulemaking Act, as it considers necessary for the effective
3944 administration and enforcement of this chapter;
3945 (2) acquire and test motor fuel samples to determine compliance with this chapter;
3946 (3) maintain and staff a laboratory to test motor fuel samples;
3947 (4) enter public or private premises during normal working hours to enforce this
3948 chapter;
3949 (5) stop and detain any commercial vehicle transporting motor fuel to inspect its
3950 contents and applicable documents or to acquire motor fuel samples; and
3951 (6) require that records applicable to this chapter be available for examination and
3952 review upon request by the department.
3953 Section 34. Section 4-37-109 is amended to read:
3954 4-37-109. Department to make rules.
3955 (1) The department shall make rules in accordance with [
3956 63G, Chapter 3, Utah Administrative Rulemaking Act:
3957 (a) specifying procedures for the application and renewal of certificates of registration
3958 for operating an aquaculture or fee fishing facility; and
3959 (b) governing the disposal or removal of aquatic animals from an aquaculture or fee
3960 fishing facility for which the certificate of registration has lapsed or been revoked.
3961 (2) (a) The department may make other rules consistent with its responsibilities set
3962 forth in Section 4-37-104 .
3963 (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) must
3964 be consistent with the suggested procedures for the detection and identification of pathogens
3965 published by the American Fisheries Society's Fish Health Section.
3966 Section 35. Section 4-37-201 is amended to read:
3967 4-37-201. Certificate of registration required to operate an aquaculture facility.
3968 (1) A person may not operate an aquaculture facility without first obtaining a certificate
3969 of registration from the department.
3970 (2) (a) Each application for a certificate of registration to operate an aquaculture
3971 facility shall be accompanied by a fee.
3972 (b) The fee shall be established by the department in accordance with Section
3973 [
3974 (3) The department shall coordinate with the Division of Wildlife Resources:
3975 (a) on the suitability of the proposed site relative to potential impacts on adjacent
3976 aquatic wildlife populations; and
3977 (b) in determining which species the holder of the certificate of registration may
3978 propagate, possess, transport, or sell.
3979 (4) The department shall list on the certificate of registration the species which the
3980 holder may propagate, possess, transport, or sell.
3981 Section 36. Section 4-37-301 is amended to read:
3982 4-37-301. Certificate of registration required to operate a fee fishing facility.
3983 (1) A person may not operate a fee fishing facility without first obtaining a certificate
3984 of registration from the department.
3985 (2) (a) Each application for a certificate of registration to operate a fee fishing facility
3986 shall be accompanied by a fee.
3987 (b) The fee shall be established by the department in accordance with Section
3988 [
3989 (3) The department shall coordinate with the Division of Wildlife Resources:
3990 (a) on the suitability of the proposed site relative to potential impacts on adjacent
3991 aquatic wildlife populations; and
3992 (b) in determining which species the holder of the certificate of registration may
3993 possess or transport to or stock into the facility.
3994 (4) The department shall list on the certificate of registration the species which the
3995 holder may possess or transport to or stock into the facility.
3996 (5) A person holding a certificate of registration for an aquaculture facility may also
3997 operate a fee fishing facility without obtaining an additional certificate of registration, if the fee
3998 fishing facility:
3999 (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected
4000 with the aquaculture facility;
4001 (b) contains only those aquatic animals specified on the certificate of registration for
4002 the aquaculture facility; and
4003 (c) is designated on the certificate of registration for the aquaculture facility.
4004 Section 37. Section 4-37-602 is amended to read:
4005 4-37-602. Adjudicative proceedings -- Presiding officer.
4006 (1) Adjudicative proceedings under this chapter shall be conducted in accordance with
4007 [
4008 (2) The revocation of an aquaculture facility's certificate of registration, the denial of
4009 an aquaculture facility's future certificate of registration, and a denial or cancellation of an
4010 aquaculture facility's health approval number is a state agency action governed by [
4011
4012 (3) (a) An owner or operator of an aquaculture facility may ask for an agency review,
4013 as provided by Section [
4014 (2).
4015 (b) The presiding officer, as defined in Section [
4016 agency review shall consist of three members as follows:
4017 (i) the person representing sport fishermen, appointed under Subsection
4018 4-37-503 (4)(a)(i)(C);
4019 (ii) one person representing the aquaculture industry, appointed by the governor from
4020 names submitted by a nonprofit corporation, as defined in Section 16-6a-102 , that promotes the
4021 efficient production, distribution, and marketing of aquaculture products and the welfare of all
4022 persons engaged in aquaculture; and
4023 (iii) one person, appointed by the governor, who is knowledgeable about aquatic
4024 diseases and is employed by an institution of higher education.
4025 (c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the
4026 recommending nonprofit corporation shall submit additional names.
4027 (d) The final decision of the presiding officer shall be adopted upon approval of at least
4028 two of the members.
4029 (e) The term and compensation for the member listed in Subsection (3)(b)(i) shall be
4030 the same as provided in Section 4-37-503 .
4031 (f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be
4032 four years.
4033 (g) (i) (A) A higher education member who does not receive salary, per diem, or
4034 expenses from the entity that the member represents for the member's service may receive per
4035 diem and expenses incurred in the performance of the member's official duties at the rates
4036 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
4037 (B) A higher education member may decline to receive per diem and expenses for the
4038 member's service.
4039 (ii) (A) A member who is not a government employee may not receive compensation
4040 or benefits for the member's service, but may receive per diem and expenses incurred in
4041 performance of the member's official duties at rates established by the Division of Finance
4042 under Sections 63A-3-106 and 63A-3-107 .
4043 (B) A member may decline to receive per diem and expenses for the member's service.
4044 Section 38. Section 4-38-4 is amended to read:
4045 4-38-4. Powers and duties of commission.
4046 (1) The commission shall:
4047 (a) license, regulate, and supervise all persons involved in the racing of horses as
4048 provided in this chapter;
4049 (b) license, regulate, and supervise all recognized race meets held in this state under the
4050 terms of this chapter;
4051 (c) cause the various places where recognized race meets are held to be visited and
4052 inspected at least once a year;
4053 (d) assist in procuring public liability insurance coverage from a private insurance
4054 company for those licensees unable to otherwise obtain the insurance required under this
4055 chapter;
4056 (e) make rules in accordance with [
4057 Administrative Rulemaking Act, to govern race meets, including rules:
4058 (i) to resolve scheduling conflicts and settle disputes among licensees;
4059 (ii) to supervise, discipline, suspend, fine, and bar from events all persons required to
4060 be licensed by this chapter; and
4061 (iii) to hold, conduct, and operate all recognized race meets conducted pursuant to this
4062 chapter;
4063 (f) determine which persons participating, directly or indirectly, in recognized race
4064 meets require licenses;
4065 (g) announce the time, place, and duration of recognized race meets for which licenses
4066 shall be required; and
4067 (h) establish reasonable fees for all licenses provided for under this chapter.
4068 (2) The commission may:
4069 (a) grant, suspend, or revoke licenses issued under this chapter;
4070 (b) impose fines as provided in this chapter;
4071 (c) access criminal history record information for all licensees and commission
4072 employees; and
4073 (d) exclude from any racetrack facility in this state any person who the commission
4074 considers detrimental to the best interests of racing or any person who violates any provisions
4075 of this chapter or any rule or order of the commission.
4076 Section 39. Section 4-38-6 is amended to read:
4077 4-38-6. Public records.
4078 All records of the commission shall be subject to [
4079 Chapter 2, Government Records Access and Management Act.
4080 Section 40. Section 4-38-14 is amended to read:
4081 4-38-14. Hearings.
4082 (1) Except as otherwise provided in this section, all proceedings before the commission
4083 or its hearing officer with respect to the denial, suspension, or revocation of licenses or the
4084 imposition of fines shall be conducted pursuant to [
4085 Administrative Procedures Act.
4086 (2) These proceedings shall be held in the county where the commission has its office
4087 or in any other place the commission designates. The commission shall notify the applicant or
4088 licensee by mailing, by first class mail, a copy of the written notice required to the last address
4089 furnished by the application or licensee to the commission at least seven days in advance of the
4090 hearing.
4091 (3) The commission may delegate its authority to conduct hearings with respect to the
4092 denial or suspension of licenses or the imposition of a fine to a hearing officer.
4093 (4) Proceedings before the board of stewards need not be governed by the procedural or
4094 other requirements of the Administrative Procedures Act, but rather shall be conducted in
4095 accordance with rules adopted by the commission.
4096 (5) The commission and the board of stewards may administer oaths and affirmations,
4097 sign and issue subpoenas, order the production of documents and other evidence, and regulate
4098 the course of the hearing pursuant to rules adopted by it.
4099 (6) Any person aggrieved by a final order or ruling issued by a board of stewards may
4100 appeal the order or ruling to the commission pursuant to procedural rules adopted by the
4101 commission. The aggrieved party may petition the commission for a stay of execution pending
4102 appeal to the commission.
4103 Section 41. Section 4-39-106 is amended to read:
4104 4-39-106. Department to make rules.
4105 (1) The department shall make rules in accordance with [
4106 63G, Chapter 3, Utah Administrative Rulemaking Act, after considering the recommendations
4107 of the advisory council:
4108 (a) specifying procedures for the application and renewal of licenses for operating a
4109 domesticated elk facility;
4110 (b) governing the disposal or removal of domesticated elk from a domesticated elk
4111 facility for which the license has lapsed or been revoked;
4112 (c) setting standards and requirements for operating a domesticated elk facility;
4113 (d) setting health requirements and standards for health inspections; and
4114 (e) governing the possession, transportation, and accompanying documentation of
4115 domesticated elk carcasses.
4116 (2) The department may make other rules consistent with its responsibilities set forth in
4117 Section 4-39-103 .
4118 Section 42. Section 4-39-203 is amended to read:
4119 4-39-203. License required to operate a domesticated elk facility.
4120 (1) A person may not operate a domesticated elk facility without first obtaining a
4121 license from the department.
4122 (2) (a) Each application for a license to operate a domesticated elk facility shall be
4123 accompanied by a fee.
4124 (b) The fee shall be established by the department in accordance with Section
4125 [
4126 (3) Each applicant for a domesticated elk facility license shall submit an application
4127 providing all information in the form and manner as required by the department.
4128 (4) (a) No license shall be issued until the department has inspected and approved the
4129 facility.
4130 (b) The department shall:
4131 (i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled
4132 inspection so that a Division of Wildlife Resources representative may be present at the
4133 inspection; and
4134 (ii) provide the Division of Wildlife Resources with copies of all licensing and
4135 inspection reports.
4136 (5) Each separate location of the domesticated elk operation shall be licensed
4137 separately.
4138 (6) (a) If a domesticated elk facility is operated under more than one business name
4139 from a single location, the name of each operation shall be listed with the department in the
4140 form and manner required by the department.
4141 (b) The department shall require that a separate fee be paid for each business name
4142 listed.
4143 (c) If a domesticated elk facility operates under more than one business name from a
4144 single location, the facility shall maintain separate records.
4145 (7) Each person or business entity with an equity interest in the domesticated elk shall
4146 be listed on the application for license.
4147 (8) Each domesticated elk facility license shall expire on July 1 in the year following
4148 the year of issuance.
4149 (9) Each licensee shall report to the department, in the form and manner required by
4150 the department, any change in the information provided in the licensee's application or in the
4151 reports previously submitted, within 15 days of each change.
4152 (10) Licenses issued pursuant to this section are not transferable.
4153 Section 43. Section 4-39-502 is amended to read:
4154 4-39-502. Adjudicative proceedings.
4155 Adjudicative proceedings under this chapter shall be conducted in accordance with
4156 [
4157 Section 44. Section 7-1-105 is amended to read:
4158 7-1-105. Procedures -- Adjudicative proceedings.
4159 The commissioner and the department shall, except to the extent exempted, comply
4160 with the procedures and requirements of [
4161 Administrative Procedures Act, in their adjudicative proceedings.
4162 Section 45. Section 7-1-301 is amended to read:
4163 7-1-301. Powers and duties of commissioner -- Rulemaking.
4164 Without limiting the other powers, duties, and responsibilities specified in this title, the
4165 commissioner has all the functions, powers, duties, and responsibilities with respect to
4166 institutions, persons, or businesses subject to the jurisdiction of the department contained in
4167 this title, including all of the functions, powers, duties, and responsibilities described in
4168 Subsections (1) through (15).
4169 (1) The commissioner may govern the administration and operation of the department.
4170 (2) The commissioner may supervise the conduct, operation, management,
4171 examination, and statements and reports of examinations of financial institutions and other
4172 persons subject to the jurisdiction of the department.
4173 (3) (a) The commissioner may authorize a state chartered depository institution to
4174 engage in any activity it could engage in, and to grant to that institution all additional rights,
4175 powers, privileges, benefits, or immunities it would possess, if it were chartered under the laws
4176 of the United States.
4177 (b) The commissioner may authorize a depository institution chartered by this state to
4178 engage in any activity that a Utah branch of an out-of-state depository institution of the same
4179 class can engage in, and to grant to the Utah institution all additional rights, powers, privileges,
4180 benefits, or immunities it needs to engage in the activity.
4181 (c) In granting authority under this Subsection (3), the commissioner shall consider:
4182 (i) the need for competitive equality between institutions chartered by this state and
4183 institutions operating in this state that are chartered by another state or by the federal
4184 government; and
4185 (ii) the adverse effect on shareholders, members, depositors, and other customers of
4186 financial institutions chartered by this state if equal power and protection of those institutions,
4187 compared with federally chartered or out-of-state institutions of the same class, are not
4188 promptly available.
4189 (4) The commissioner may safeguard the interest of shareholders, members, depositors,
4190 and other customers of institutions and other persons subject to the jurisdiction of the
4191 department.
4192 (5) (a) The commissioner may establish criteria consistent with this title to be applied
4193 in granting applications for approval of:
4194 (i) a new institution;
4195 (ii) a new branch;
4196 (iii) the relocation of an office or branch;
4197 (iv) a merger;
4198 (v) a consolidation;
4199 (vi) a change in control of an institution or other person subject to the jurisdiction of
4200 the department; and
4201 (vii) other applications specified in this title.
4202 (b) The criteria established under Subsection (5)(a) may not be applied to make it more
4203 difficult for a state chartered institution to obtain approval of an application than for a federally
4204 chartered institution in the same class to obtain approval from the appropriate federal
4205 regulatory agency or administrator.
4206 (6) (a) The commissioner may protect the privacy of the records of any institution
4207 subject to the jurisdiction of the department pertaining to a particular depositor or other
4208 customer of the institution. Rules adopted under this Subsection (6) shall be consistent with
4209 federal laws and regulations applicable to the institution.
4210 (b) Any institution that consents to produce records or that is required to produce
4211 records in compliance with a subpoena or other order of a court of competent jurisdiction or in
4212 compliance with an order obtained pursuant to Sections 78-27-45 through 78-27-50.5 shall be
4213 reimbursed for the cost of retrieval and reproduction of the records by the party seeking the
4214 information. The commissioner may by rule establish the rates and conditions under which
4215 reimbursement is made.
4216 (7) (a) The commissioner may classify all records kept by institutions subject to the
4217 jurisdiction of the department and to prescribe the period for which each class of records is
4218 retained.
4219 (b) Rules adopted under this Subsection (7) for any class of financial institution shall
4220 be consistent with federal laws and regulations applicable to the class.
4221 (c) Rules made under this Subsection (7) shall provide that:
4222 (i) An institution may dispose of any record after retaining it for the period prescribed
4223 by the commissioner for retention of records of its class. If an institution disposes of a record
4224 after the prescribed period, the institution has no duty to produce it in any action or proceeding
4225 and is not liable to any person by reason of that disposition.
4226 (ii) Any institution may keep records in its custody in the form of microfilm or
4227 equivalent reproduction. Any such reproduction shall have the same force and effect as the
4228 original and shall be admissible into evidence as if it were the original.
4229 (d) In adopting rules under this Subsection (7), the commissioner shall take into
4230 consideration:
4231 (i) actions at law and administrative proceedings in which the production of the records
4232 might be necessary or desirable;
4233 (ii) state and federal statutes of limitation applicable to the actions or proceedings;
4234 (iii) the availability from other sources of information contained in these records; and
4235 (iv) other matters the commissioner considers pertinent in formulating rules that
4236 require institutions to retain their records for as short a period as commensurate with the
4237 interest in having the records available of:
4238 (A) customers, members, depositors, and shareholders of the institutions; and
4239 (B) the people of this state.
4240 (8) (a) The commissioner may establish reasonable classes of depository and other
4241 financial institutions including separate classes for:
4242 (i) savings and loan associations and related institutions;
4243 (ii) banks and related institutions;
4244 (iii) credit unions; and
4245 (iv) industrial banks.
4246 (b) If the restrictions or requirements the commissioner imposes are not more stringent
4247 than those applicable under federal law or regulation to federally chartered institutions of the
4248 same class, the commissioner may establish the following for each class in a manner consistent
4249 with this title:
4250 (i) eligible classes and types of investments for the deposits and other funds of those
4251 financial institutions;
4252 (ii) minimum standards, in amounts sufficient to protect depositors and other creditors,
4253 for the amount and types of capital required to engage in the business conducted by each class
4254 or to obtain a license or to establish a branch or additional office of an institution of each class;
4255 (iii) eligible obligations, reserves, and other accounts to be included in the computation
4256 of capital;
4257 (iv) minimum liquidity requirements for financial institutions within each class in
4258 amounts sufficient to meet the demands of depositors and other creditors for liquid funds;
4259 (v) limitations on the amount and type of borrowings by each class of financial
4260 institution in relation to the amount of its capital and the character and condition of its assets
4261 and its deposits and other liabilities;
4262 (vi) limitations on the amount and nature of loans and extensions of credit to any
4263 person or related persons by each class of financial institution in relation to the amount of its
4264 capital; and
4265 (vii) limitations on the amount and nature of loans and extensions of credit by a
4266 financial institution or other person within each class to an executive officer, director, or
4267 principal shareholder of:
4268 (A) the institution or other person;
4269 (B) any company of which the institution or other person is a subsidiary;
4270 (C) any subsidiary of the institution or other person;
4271 (D) any affiliate of the institution; and
4272 (E) a company controlled by an executive officer, director, or principal shareholder of
4273 the institution.
4274 (9) The commissioner may define unfair trade practices of financial institutions and
4275 other persons subject to the jurisdiction of the department and to prohibit or restrict these
4276 practices.
4277 (10) The commissioner may establish reasonable standards to promote the fair and
4278 truthful advertising of:
4279 (a) services offered by a financial institution;
4280 (b) the charges for the services advertised under Subsection (10)(a);
4281 (c) the interest or other compensation to be paid on deposits or any debt instrument
4282 offered for sale by the institution;
4283 (d) the nature and extent of any:
4284 (i) insurance on deposits;
4285 (ii) savings accounts;
4286 (iii) share accounts;
4287 (iv) certificates of deposit;
4288 (v) time deposit accounts;
4289 (vi) NOW accounts;
4290 (vii) share draft accounts;
4291 (viii) transaction accounts; or
4292 (ix) any evidence of indebtedness issued, offered for sale, offered to sell or sold by any
4293 financial institution or other person subject to the jurisdiction of the department; and
4294 (e) the safety or financial soundness of any financial institution or other person subject
4295 to the jurisdiction of the department.
4296 (11) The commissioner may define what constitutes an impairment of capital for each
4297 class of financial institution or other person subject to the jurisdiction of the department.
4298 (12) The commissioner may designate days on which depository institutions are closed
4299 in accordance with Section 7-1-808 .
4300 (13) The commissioner may regulate the issuance, advertising, offer for sale, and sale
4301 of a security to the extent authorized by Section 7-1-503 .
4302 (14) The commissioner may require the officers of any institution or other person
4303 subject to the commissioner's jurisdiction to open and keep a standard set of books, computer
4304 records, or both for the purpose of keeping accurate and convenient records of the transactions
4305 and accounts of the institution in a manner to enable the commissioner, supervisors, and
4306 department examiners to readily ascertain the institution's true condition. These requirements
4307 shall be consistent with generally accepted accounting principles for financial institutions.
4308 (15) In accordance with [
4309 Administrative Rulemaking Act, the commissioner may adopt and issue rules consistent with
4310 the purposes and provisions of this title, and may revise, amend, or repeal the rules adopted.
4311 Section 46. Section 7-1-323 is amended to read:
4312 7-1-323. Regulation of interstate operations -- Coordination of efforts.
4313 (1) The commissioner may:
4314 (a) examine, supervise, and regulate a branch operated in this state by a depository
4315 institution chartered by another state and take any action or issue any order with regard to that
4316 branch;
4317 (b) examine, supervise, and regulate a branch operated in another state by a depository
4318 institution chartered by this state and take any action or issue any order with regard to that
4319 branch; and
4320 (c) coordinate these activities with any other state or federal agency that shares
4321 jurisdiction over the institution.
4322 (2) The commissioner may coordinate the examination, supervision, and regulation of
4323 any depository institution chartered by this state with the examination, supervision, and
4324 regulation of an affiliated depository institution operating in another state.
4325 (3) The commissioner may take any reasonable and lawful action in furtherance of
4326 coordinating the regulation of interstate operations, including:
4327 (a) negotiating and entering into cooperative agreements with an agency of another
4328 state or of the federal government;
4329 (b) sharing information and reports in accordance with Section 7-1-802 with an agency
4330 that shares jurisdiction over the institution;
4331 (c) accepting as sufficient, if appropriate, examination reports and other information
4332 compiled or generated by or for an agency that shares jurisdiction over the institution;
4333 (d) contracting with an agency that shares jurisdiction over the institution to engage the
4334 services of its examiners at a reasonable rate of compensation;
4335 (e) offering the services of the department's examiners at a reasonable rate of
4336 compensation to an agency that shares jurisdiction over the institution;
4337 (f) collecting fees on behalf of, or receiving payment of fees through, an agency that
4338 shares jurisdiction over the institution; and
4339 (g) cooperating in any other way with other supervisory agencies and professional
4340 associations to promote the efficient, safe, and sound operation and regulation of interstate
4341 depository institution activities, including the formulation of interstate examination policies
4342 and procedures and the drafting of model laws, rules, and agreements.
4343 (4) A contract between the department and an agency that shares jurisdiction over a
4344 depository institution to provide examiners to aid in interstate examination and regulation is
4345 considered a sole source contract under Section [
4346 Section 47. Section 7-1-324 is amended to read:
4347 7-1-324. Debt cancellation agreements and debt suspension agreements.
4348 (1) As used in this section:
4349 (a) "Class of depository institution" means a class consisting of:
4350 (i) banks;
4351 (ii) credit unions;
4352 (iii) industrial banks;
4353 (iv) savings and loan associations; or
4354 (v) wholly owned subsidiaries of a depository institution listed in this Subsection
4355 (1)(a).
4356 (b) "Debt cancellation agreement" is as defined in Section 31A-21-109 .
4357 (c) "Debt suspension agreement" is as defined in Section 31A-21-109 .
4358 (2) Subject to the other provisions of this section, the commissioner may by rule, made
4359 in accordance with [
4360 Rulemaking Act:
4361 (a) authorize any member of a class of depository institution that is subject to the
4362 jurisdiction of the department to issue:
4363 (i) a debt cancellation agreement; or
4364 (ii) a debt suspension agreement; and
4365 (b) regulate the issuance of a debt cancellation agreement or a debt suspension
4366 agreement issued in this state by a member of a class of depository institution.
4367 (3) (a) Any rule adopted by the commissioner under this section as applied to a class of
4368 depository institution shall be substantially similar to any federal regulation applying to the
4369 same class of depository institution.
4370 (b) Any rule adopted by the commissioner applicable to a class of depository institution
4371 described in this Subsection (3)(b) shall be substantially similar to any federal regulation
4372 applicable to a bank if no federal regulation authorizes or regulates the issuance of a debt
4373 cancellation agreement or debt suspension agreement for that class of depository institution.
4374 (4) (a) An out-of-state depository institution may issue a debt cancellation agreement
4375 or debt suspension agreement in this state if:
4376 (i) the home state of the out-of-state depository institution authorizes and regulates the
4377 issuance of a debt cancellation agreement or debt suspension agreement by the out-of-state
4378 depository institution; and
4379 (ii) subject to Subsection (4)(b), the out-of-state depository institution complies with
4380 regulations from the out-of-state depository institution's home state that regulate the issuance of
4381 a debt cancellation agreement or a debt suspension agreement.
4382 (b) Notwithstanding Subsection (4)(a), an out-of-state depository institution described
4383 in Subsection (4)(a) shall comply with rules adopted by the commissioner under this section
4384 that regulate the issuance of a debt cancellation agreement or a debt suspension agreement in
4385 this state by the class of depository institution to which the out-of-state depository institution
4386 belongs if the regulations of the out-of-state depository institution's home state do not provide
4387 at least the same level of protection with respect to a debt cancellation agreement or debt
4388 suspension agreement as the rules adopted by the commissioner under this section with respect
4389 to the same class of depository institution:
4390 (i) for the safety and soundness of the depository institution; and
4391 (ii) for consumer protections for the borrowers of the depository institution.
4392 Section 48. Section 7-1-325 is amended to read:
4393 7-1-325. Compliance with applicable federal law.
4394 (1) As used in this section, "federal law" means:
4395 (a) a statute passed by the Congress of the United States; or
4396 (b) a final regulation:
4397 (i) adopted by an administrative agency of the United States government; and
4398 (ii) published in the code of federal regulations or the federal register.
4399 (2) (a) An institution subject to the jurisdiction of the department violates this title if
4400 the institution violates a federal law:
4401 (i) that is applicable to the institution; and
4402 (ii) pursuant to the terms of the federal law in effect on the day the institution violates
4403 the federal law.
4404 (b) The department shall by rule, made in accordance with [
4405 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this title, designate
4406 which one or more federal laws are applicable to an institution subject to the jurisdiction of the
4407 department.
4408 (3) Except for criminal penalties, the department may enforce a violation described in
4409 Subsection (2) by taking any action:
4410 (a) permitted by:
4411 (i) this part;
4412 (ii) Chapter 2, Possession of Depository Institution by Commissioner;
4413 (iii) Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies;
4414 (iv) in the case of a check casher, Chapter 23, Check Cashing Registration Act; or
4415 (v) in the case of a title lender, Chapter 24, Title Lending Registration Act; and
4416 (b) including bringing an action permitted under this title in state court.
4417 Section 49. Section 7-1-704 is amended to read:
4418 7-1-704. Authorization required to engage in business -- Exemptions --
4419 Procedure.
4420 (1) (a) An institution subject to the jurisdiction of the department may maintain an
4421 office in this state or engage in the activities of a financial institution in this state only if it is
4422 authorized to do so by the department.
4423 (b) This Subsection (1) does not apply to:
4424 (i) any person who is lawfully engaging in the activities of a financial institution in this
4425 state on July 1, 1981, unless the institution was not subject to the jurisdiction of the department
4426 before that date;
4427 (ii) an application to establish a branch or additional office; or
4428 (iii) the establishment of a service corporation or service organization.
4429 (2) An applicant for authorization to become an institution subject to the jurisdiction of
4430 the department shall pay to the department the appropriate filing fee, as provided in Section
4431 7-1-401 , and shall file with the commissioner:
4432 (a) its undertaking to pay all expenses incurred in conducting any administrative
4433 proceedings forming part of the department's consideration of the application;
4434 (b) its proposed articles of incorporation and by-laws;
4435 (c) an application in a form prescribed by the commissioner that includes all
4436 information the commissioner requires about the source of the proposed original capital and
4437 about the identity, personal history, business background and experience, financial condition,
4438 and participation in any litigation or administrative proceeding of the organizers, the proposed
4439 members of the board of directors, and the principal officers; and
4440 (d) any other information the commissioner requires.
4441 (3) In addition to the requirements of [
4442 Administrative Procedures Act, the commissioner shall, at the expense of the applicant:
4443 (a) give notice of the application by publication in three successive issues of a
4444 newspaper of general circulation in the county where the principal place of business is to be
4445 established;
4446 (b) give notice of the application to other institutions subject to the jurisdiction of the
4447 department in a manner and to an extent the commissioner considers appropriate;
4448 (c) cause the appropriate supervisor to make a careful investigation and examination of
4449 the following:
4450 (i) the character, reputation, and financial standing and ability of the organizers;
4451 (ii) the character, financial responsibility, experience, and business qualifications of
4452 those proposed as officers;
4453 (iii) the character and standing in the community of those proposed as directors,
4454 principal stockholders, or owners;
4455 (iv) the need in the service area where the institution would be located, giving
4456 particular consideration to the adequacy of existing financial facilities and the effect the
4457 proposed institution would have on existing institutions in the area;
4458 (v) the ability of the proposed service area to support the proposed institution,
4459 including the extent and nature of existing competition, the economic history and future
4460 prospects of the community, and the opportunity for profitable employment of financial
4461 institution funds; and
4462 (vi) other facts and circumstances bearing on the proposed institution that the
4463 supervisor considers relevant.
4464 (4) (a) The supervisor shall submit findings and recommendations in writing to the
4465 commissioner.
4466 (b) The application, any additional information furnished by the applicant, and the
4467 findings and recommendations of the supervisor may be inspected by any person at the
4468 department's office, except those portions of the application or report the commissioner
4469 declares to be confidential, pursuant to the applicant's request, in order to prevent a clearly
4470 unwarranted invasion of privacy.
4471 (5) (a) If a hearing is held, the applicant shall publish notice of the hearing at the
4472 applicant's expense in a newspaper of general circulation within the county where the proposed
4473 institution is to be located at least once a week for three successive weeks before the date of
4474 hearing.
4475 (b) The notice shall include the date, time, and place of the hearing and any other
4476 information required by the commissioner.
4477 (c) The commissioner shall act on the record before him within 30 days after receipt of
4478 the transcript of the hearing.
4479 (6) If no hearing is held, the commissioner may, within 90 days of acceptance of the
4480 application as complete, approve or disapprove the application based on the papers filed with
4481 him, together with the supervisor's findings and recommendations.
4482 (7) (a) The commissioner may not approve the application unless [
4483 commissioner finds that the applicant has established by the preponderance of the evidence
4484 that:
4485 (i) in light of the need for financial services in the area, the adequacy of existing
4486 facilities, and the effect the proposed institution would have on existing institutions in the area,
4487 the public need and convenience will be promoted by the establishment of the proposed
4488 institution;
4489 (ii) in light of the ability of the proposed service area to support the proposed
4490 institution, including the extent and nature of existing competition, the economic history and
4491 future prospects of the community, and the opportunity for profitable employment of financial
4492 institution funds, conditions in the service area in which the proposed institution would transact
4493 business afford reasonable promise of a successful operation;
4494 (iii) the institution is being formed only for legitimate purposes allowed by the laws of
4495 this state;
4496 (iv) the proposed capital equals or exceeds the required minimum and is adequate in
4497 light of current and prospective conditions;
4498 (v) if the applicant is seeking authority to accept deposits, the deposits will be insured
4499 or guaranteed by an agency of the federal government;
4500 (vi) the proposed officers and directors have sufficient experience, ability, and standing
4501 to afford reasonable promise of a successful operation;
4502 (vii) the name of the proposed financial institution does not resemble the name of any
4503 other institution transacting business in this state so closely as to cause confusion;
4504 (viii) the applicants have complied with all of the provisions of law; and
4505 (ix) no properly managed and soundly operated existing institutions offering
4506 substantially similar services in the service area to which the application relates will be unduly
4507 injured by approval of the application.
4508 (b) The commissioner may condition approval of the application on the institution's
4509 acceptance of requirements or conditions with respect to insurance that the commissioner
4510 considers necessary to protect depositors.
4511 (8) (a) The commissioner shall provide written findings and conclusions on the
4512 application.
4513 (b) Upon approving an application, the commissioner shall:
4514 (i) endorse the approval on the articles of incorporation;
4515 (ii) file one copy with the Division of Corporations and Commercial Code;
4516 (iii) retain one file copy; and
4517 (iv) return one copy to the applicant within ten days after the date of [
4518 commissioner's decision approving the application.
4519 (c) Upon disapproving an application, the commissioner shall mail notice of the
4520 disapproval to the applicant within ten days.
4521 (d) The commissioner may approve an application subject to conditions [
4522 commissioner considers appropriate to protect the public interest and carry out the purposes of
4523 this title.
4524 (e) The commissioner shall give written notice of the decision to all persons who have
4525 filed a protest to the application.
4526 (9) Upon approval of an application for authorization to conduct a business subject to
4527 the jurisdiction of the department, the commissioner shall issue a license, permit, or other
4528 appropriate certificate of authority if:
4529 (a) except in the case of credit unions, all of the capital of the institution being formed
4530 has been paid in; and
4531 (b) all the conditions and other requirements for approval of the application have been
4532 met.
4533 (10) (a) Any approval by the commissioner of an application under this section is
4534 considered revoked unless the business is open and operating within one year from the date of
4535 the approval.
4536 (b) The commissioner, on written application made before the expiration of that period,
4537 and for good cause shown, may extend the date for activation for additional periods not to
4538 exceed six months each.
4539 (11) No person may obtain, for the purpose of resale, a certificate of approval to
4540 operate any institution under the jurisdiction of the department.
4541 (12) The commissioner may approve an application without any notice to other
4542 financial institutions to respond to an emergency arising from the insolvency of an existing
4543 institution or to prevent the failure of an existing institution if the commissioner makes the
4544 findings required by Subsection (7).
4545 Section 50. Section 7-1-810 is amended to read:
4546 7-1-810. Limited liability companies.
4547 (1) Notwithstanding any other provision of this title and subject to Subsection (8), if
4548 the conditions of this section are met, the following may be organized as or convert to a limited
4549 liability company under Title 48, Chapter 2c, Utah Revised Limited Liability Company Act:
4550 (a) an industrial bank chartered under Chapter 8, Industrial Banks;
4551 (b) an industrial loan company as defined in Section 7-8-21 ; or
4552 (c) any of the following if the institution is an S Corporation, as defined in Section
4553 1361, Internal Revenue Code, immediately before becoming a limited liability company:
4554 (i) a bank chartered under Chapter 3, Banks;
4555 (ii) a savings and loan association chartered under Chapter 7, Savings and Loan
4556 Associations Act; or
4557 (iii) a depository institution holding company.
4558 (2) (a) Before an institution described in Subsection (1) may organize as or convert to a
4559 limited liability company, the institution shall obtain approval of the commissioner.
4560 (b) (i) To obtain the approval under this section from the commissioner, the institution
4561 shall file a request for approval with the commissioner at least 30 days before the day on which
4562 the institution becomes a limited liability company.
4563 (ii) If the commissioner does not disapprove the request for approval within 30 days
4564 from the day on which the commissioner receives the request, the request is considered
4565 approved.
4566 (iii) When taking action on a request for approval filed under this section, the
4567 commissioner may:
4568 (A) approve the request;
4569 (B) approve the request subject to terms and conditions the commissioner considers
4570 necessary; or
4571 (C) disapprove the request.
4572 (3) To approve a request for approval, the commissioner shall find:
4573 (a) for an institution described in Subsection (1) that is required to be insured by a
4574 federal deposit insurance agency, that the institution:
4575 (i) will operate in a safe and sound manner;
4576 (ii) has the following characteristics:
4577 (A) the institution is not subject to automatic termination, dissolution, or suspension
4578 upon the happening of some event other than the passage of time;
4579 (B) the exclusive authority to manage the institution is vested in a board of managers
4580 or directors that:
4581 (I) is elected or appointed by the owners;
4582 (II) is not required to have owners of the institution included on the board;
4583 (III) possesses adequate independence and authority to supervise the operation of the
4584 institution; and
4585 (IV) operates with substantially the same rights, powers, privileges, duties, and
4586 responsibilities as the board of directors of a corporation;
4587 (C) neither state law, nor the institution's operating agreement, bylaws, or other
4588 organizational documents provide that an owner of the institution is liable for the debts,
4589 liabilities, and obligations of the institution in excess of the amount of the owner's investment;
4590 and
4591 (D) (I) neither state law, nor the institution's operating agreement, bylaws, or other
4592 organizational documents require the consent of any other owner of the institution in order for
4593 any owner to transfer an ownership interest in the institution, including voting rights; and
4594 (II) the institution is able to obtain new investment funding if needed to maintain
4595 adequate capital; and
4596 (iii) is able to comply with all legal and regulatory requirements for an insured
4597 depository institution under applicable federal and state law; and
4598 (b) for an institution described in Subsection (1) that is not required to be insured by a
4599 federal deposit insurance agency, that the institution will operate in a safe and sound manner.
4600 (4) An institution described in Subsection (3)(a) that is organized as a limited liability
4601 company shall maintain the characteristics listed in Subsection (3)(a)(ii) during such time as it
4602 is authorized to conduct business under this title as a limited liability company.
4603 (5) (a) All rights, privileges, powers, duties, and obligations of an institution described
4604 in Subsection (1) that is organized as a limited liability company and its members and
4605 managers shall be governed by Title 48, Chapter 2c, Utah Revised Limited Liability Company
4606 Act, except:
4607 (i) the following sections do not apply to an institution that is described in Subsection
4608 (3)(a):
4609 (A) Subsection 48-2c-402 (2)(a)(ii);
4610 (B) Section 48-2c-604 ;
4611 (C) Section 48-2c-703 ;
4612 (D) Section 48-2c-708 ;
4613 (E) Subsection 48-2c-801 (2);
4614 (F) Section 48-2c-1102 ;
4615 (G) Section 48-2c-1104 ; and
4616 (H) Subsections 48-2c-1201 (2) through (5); and
4617 (ii) as otherwise provided in this title.
4618 (b) Notwithstanding Subsection (5)(a), for an institution that is described in Subsection
4619 (3)(a):
4620 (i) for purposes of transferring a member's interests in the institution, a member's
4621 interest in the institution shall be treated like a share of stock in a corporation; and
4622 (ii) if a member's interest in the institution is transferred voluntarily or involuntarily to
4623 another person, the person who receives the member's interest shall obtain the member's entire
4624 rights associated with the member's interest in the institution including:
4625 (A) all economic rights; and
4626 (B) all voting rights.
4627 (c) An institution described in Subsection (3)(a) may not by agreement or otherwise
4628 change the application of Subsection (5)(a) to the institution.
4629 (6) Unless the context requires otherwise, for the purpose of applying this title to an
4630 institution described in Subsection (1) that is organized as a limited liability company:
4631 (a) a citation to Title 16, Chapter 10a, Utah Revised Business Corporation Act,
4632 includes the equivalent citation to Title 48, Chapter 2c, Utah Revised Limited Liability
4633 Company Act;
4634 (b) "articles of incorporation" includes a limited liability company's articles of
4635 organization as that term is used in Section 48-2c-403 ;
4636 (c) "board of directors" includes one or more persons who have, with respect to an
4637 institution described in Subsection (1), authority substantially similar to that of a board of
4638 directors of a corporation;
4639 (d) "bylaws" includes a limited liability company's operating agreement as that term is
4640 defined in Section 48-2c-102 ;
4641 (e) "corporation" includes a limited liability company organized under Title 48,
4642 Chapter 2c, Utah Revised Limited Liability Company Act;
4643 (f) "director" includes any of the following of a limited liability company:
4644 (i) a manager;
4645 (ii) a director; or
4646 (iii) other person who has with respect to the institution described in Subsection (1),
4647 authority substantially similar to that of a director of a corporation;
4648 (g) "dividend" includes distributions made by a limited liability company under Title
4649 48, Chapter 2c, Part 10, Distributions;
4650 (h) "incorporator" includes the organizers of a limited liability company as provided in
4651 Title 48, Chapter 2c, Part 4, Formation;
4652 (i) "officer" includes any of the following of an institution described in Subsection (1):
4653 (i) an officer; or
4654 (ii) other person who has with respect to the institution described in Subsection (1)
4655 authority substantially similar to that of an officer of a corporation;
4656 (j) "security," "shares," or "stock" of a corporation includes:
4657 (i) a membership interest in a limited liability company as provided in Title 48,
4658 Chapter 2c, Part 7, Members; and
4659 (ii) any certificate or other evidence of an ownership interest in a limited liability
4660 company; and
4661 (k) "stockholder" or "shareholder" includes an owner of an interest in an institution
4662 described in Subsection (1) including a member as provided in Title 48, Chapter 2c, Part 7,
4663 Members.
4664 (7) In accordance with [
4665 Administrative Rulemaking Act, the commissioner shall make rules governing the form of a
4666 request for approval filed under this section.
4667 (8) A depository institution organized under the laws of this state may not be organized
4668 as or converted to a series of members, managers, or interests in a limited liability company as
4669 provided in Section 48-2c-606 .
4670 Section 51. Section 7-2-9 is amended to read:
4671 7-2-9. Conservatorship, receivership, or liquidation of institution -- Appointment
4672 of receiver -- Review of actions.
4673 (1) Upon taking possession of the institution, the commissioner may appoint a receiver
4674 to perform the duties of the commissioner. Subject to any limitations, conditions, or
4675 requirements specified by the commissioner and approved by the court, a receiver shall have all
4676 the powers and duties of the commissioner under this chapter and the laws of this state to act as
4677 a conservator, receiver, or liquidator of the institution. Actions of the commissioner in
4678 appointing a receiver shall be subject to review only as provided in Section 7-2-2 .
4679 (2) (a) If the deposits of the institution are to any extent insured by a federal deposit
4680 insurance agency, the commissioner may appoint that agency as receiver. After receiving
4681 notice in writing of the acceptance of the appointment, the commissioner shall file a certificate
4682 of appointment in [
4683 the filing of the certificate, the possession of all assets, business, and property of the institution
4684 is considered transferred from the institution and the commissioner to the agency, and title to
4685 all assets, business, and property of the institution is vested in the agency without the execution
4686 of any instruments of conveyance, assignment, transfer, or endorsement.
4687 (b) If a federal deposit insurance agency accepts an appointment as receiver, it has all
4688 the powers and privileges provided by the laws of this state and the United States with respect
4689 to the conservatorship, receivership, or liquidation of an institution and the rights of its
4690 depositors, and other creditors, including authority to make an agreement for the purchase of
4691 assets and assumption of deposit and other liabilities by another depository institution or take
4692 other action authorized by Title 12 of the United States Code to maintain the stability of the
4693 banking system. Such action by a federal deposit insurance agency may be taken upon
4694 approval by the court, with or without prior notice. Such actions or agreements may be
4695 disapproved, amended, or rescinded only upon a finding by the court that the decisions or
4696 actions of the receiver are arbitrary, capricious, fraudulent, or contrary to law. In the event of
4697 any conflict between state and federal law, including provisions for adjudicating claims against
4698 the institution or receiver, the receiver shall comply with the federal law and any resulting
4699 violation of state law shall not by itself constitute grounds for the court to disapprove the
4700 actions of the receiver or impose any penalty for such violation.
4701 (c) The commissioner or any receiver appointed by him shall possess all the rights and
4702 claims of the institution against any person whose breach of fiduciary duty or violations of the
4703 laws of this state or the United States applicable to depository institutions may have caused or
4704 contributed to a condition which resulted in any loss incurred by the institution or to its assets
4705 in the possession of the commissioner or receiver. As used in this Subsection (2)(c), fiduciary
4706 duty includes those duties and standards applicable under statutes and laws of this state and the
4707 United States to a director, officer, or other party employed by or rendering professional
4708 services to a depository institution whose deposits are insured by a federal deposit insurance
4709 agency. Upon taking possession of an institution, no person other than the commissioner or
4710 receiver shall have standing to assert any such right or claim of the institution, including its
4711 depositors, creditors, or shareholders unless the right or claim has been abandoned by the
4712 commissioner or receiver with approval of the court. Any judgment based on the rights and
4713 claims of the commissioner or receiver shall have priority in payment from the assets of the
4714 judgment debtors.
4715 (d) For the purposes of this section, the term "federal deposit insurance agency" shall
4716 include the Federal Deposit Insurance Corporation, the National Credit Union Administration
4717 and any departments thereof or successors thereto, and any other federal agency authorized by
4718 federal law to act as a conservator, receiver, and liquidator of a federally insured depository
4719 institution, including the Resolution Trust Corporation and any department thereof or successor
4720 thereto.
4721 (3) The receiver may employ assistants, agents, accountants, and legal counsel. If the
4722 receiver is not a federal deposit insurance agency, the compensation to be paid such assistants,
4723 agents, accountants, and legal counsel shall be approved by the commissioner. All expenses
4724 incident to the receivership shall be paid out of the assets of the institution. If a receiver is not
4725 a federal deposit insurance agency, the receiver and any assistants and agents shall provide
4726 bond or other security specified by the commissioner and approved by the court for the faithful
4727 discharge of all duties and responsibilities in connection with the receivership including the
4728 accounting for money received and paid. The cost of the bond shall be paid from the assets of
4729 the institution. Suit may be maintained on the bond by the commissioner or by any person
4730 injured by a breach of the condition of the bond.
4731 (4) (a) Upon the appointment of a receiver for an institution in possession pursuant to
4732 this chapter, the commissioner and the department are exempt from liability or damages for any
4733 act or omission of any receiver appointed pursuant to this section.
4734 (b) This section does not limit the right of the commissioner to prescribe and enforce
4735 rules regulating a receiver in carrying out its duties with respect to an institution subject to the
4736 jurisdiction of the department.
4737 (c) Any act or omission of the commissioner or of any federal deposit insurance agency
4738 as a receiver appointed by him while acting pursuant to this chapter shall be deemed to be the
4739 exercise of a discretionary function within the meaning of Section [
4740 the laws of this state or Section 28 U.S.C. 2680(a) of the laws of the United States.
4741 (5) Actions, decisions, or agreements of a receiver under this chapter, other than
4742 allowance or disallowance of claims under Section 7-2-6 , shall be subject to judicial review
4743 only as follows:
4744 (a) A petition for review shall be filed with the court having jurisdiction under Section
4745 7-2-2 not more than 90 days after the date the act, decision, or agreement became effective or
4746 its terms are filed with the court.
4747 (b) The petition shall state in simple, concise, and direct terms the facts and principles
4748 of law upon which the petitioner claims the act, decision, or agreement of the receiver was or
4749 would be arbitrary, capricious, fraudulent, or contrary to law and how the petitioner is or may
4750 be damaged thereby. The court shall dismiss any petition which fails to allege that the
4751 petitioner would be directly injured or damaged by the act, decision, or agreement which is the
4752 subject of the petition. Rule 11 of the Utah Rules of Civil Procedure shall apply to all parties
4753 with respect to the allegations set forth in a petition or response.
4754 (c) The receiver shall have 30 days after service of the petition within which to
4755 respond.
4756 (d) All further proceedings are to be conducted in accordance with the Utah Rules of
4757 Civil Procedure.
4758 (6) All notices required under this section shall be made in accordance with the Utah
4759 Rules of Civil Procedure and served upon the attorney general of the state of Utah, the
4760 commissioner of financial institutions, the receiver of the institution appointed under this
4761 chapter, and upon the designated representative of any party in interest who requests in writing
4762 such notice.
4763 Section 52. Section 7-2-21 is amended to read:
4764 7-2-21. Applicability of Utah Procurement Code.
4765 No action of the commissioner taken under this chapter or Chapter 19 is subject to the
4766 provisions of [
4767 Section 53. Section 7-9-59 is amended to read:
4768 7-9-59. Credit union service organizations -- Limitations on providing services
4769 through other entities.
4770 (1) This section applies to a credit union service organization in which a credit union
4771 organized under this chapter has an ownership interest.
4772 (2) (a) A credit union service organization may provide a service only if the service is:
4773 (i) (A) listed in Subsection (2)(b); or
4774 (B) approved by the commissioner in accordance with Subsection (4)(b); and
4775 (ii) (A) except for the extension of credit by the credit union service organization,
4776 limited primarily to:
4777 (I) credit unions that hold an ownership interest in the credit union service
4778 organization;
4779 (II) members of credit unions that hold an ownership interest in the credit union service
4780 organization;
4781 (III) members of credit unions that contract with the credit union service organization;
4782 or
4783 (IV) credit unions that contract with the credit union service organization but do not
4784 hold an ownership interest in the credit union service organization; or
4785 (B) for purposes of the extension of credit by the credit union service organization,
4786 limited to members of a credit union that holds an ownership interest in the credit union service
4787 organization.
4788 (b) Subsection (2)(a) applies to:
4789 (i) the following checking and currency services:
4790 (A) check cashing;
4791 (B) coin and currency services; and
4792 (C) services related to:
4793 (I) a money order;
4794 (II) a savings bond;
4795 (III) a travelers check; or
4796 (IV) the purchase and sale of United States Mint commemorative coins;
4797 (ii) the following clerical, professional, and management services:
4798 (A) accounting services;
4799 (B) courier services;
4800 (C) credit analysis;
4801 (D) facsimile transmission and copying services;
4802 (E) services related to conducting an internal audit for a credit union;
4803 (F) locator services;
4804 (G) services related to management and personnel training and support;
4805 (H) marketing services;
4806 (I) research services; or
4807 (J) services related to a supervisory committee audit;
4808 (iii) consumer mortgage loan origination;
4809 (iv) the following electronic transaction services:
4810 (A) automated teller machine services;
4811 (B) credit card services;
4812 (C) debit card services;
4813 (D) data processing services;
4814 (E) electronic fund transfer services;
4815 (F) services related to electronic income tax filings;
4816 (G) payment item processing;
4817 (H) wire transfer services; or
4818 (I) cyber financial services;
4819 (v) the following financial counseling services:
4820 (A) developing and administering personnel benefit plans including:
4821 (I) individual retirement accounts;
4822 (II) Keogh plans; or
4823 (III) deferred compensation plans;
4824 (B) estate planning;
4825 (C) financial planning and counseling;
4826 (D) income tax preparation;
4827 (E) investment counseling; or
4828 (F) retirement counseling;
4829 (vi) fixed asset services related to the:
4830 (A) management, development, sale, or lease of fixed assets; or
4831 (B) sale, lease, or servicing of computer hardware or software;
4832 (vii) the following insurance brokerage or agency services:
4833 (A) operating as an agency for sale of insurance;
4834 (B) providing vehicle warranty programs; or
4835 (C) providing group purchasing programs;
4836 (viii) the following leasing services:
4837 (A) leasing of personal property; or
4838 (B) real estate leasing of excess credit union service organization property;
4839 (ix) the following loan support services:
4840 (A) debt collection services;
4841 (B) loan processing, servicing, and sales; or
4842 (C) sale of repossessed collateral;
4843 (x) the extension of credit including member-business loans;
4844 (xi) the following record retention, security, and disaster recovery services:
4845 (A) alarm-monitoring and other security services;
4846 (B) disaster recovery services;
4847 (C) services related to:
4848 (I) microfilm;
4849 (II) microfiche;
4850 (III) optical and electronic imaging; or
4851 (IV) CD-ROM data storage retrieval;
4852 (D) providing forms and supplies; or
4853 (E) services related to record retention and storage;
4854 (xii) securities brokerage services;
4855 (xiii) operation of shared credit union branch services, including service centers;
4856 (xiv) student loan origination;
4857 (xv) travel agency services;
4858 (xvi) the following trust and trust-related services:
4859 (A) acting as an administrator for a prepaid legal service plan;
4860 (B) acting in a fiduciary capacity including as:
4861 (I) trustee;
4862 (II) guardian;
4863 (III) conservator; or
4864 (IV) estate administrator; or
4865 (C) trust services; or
4866 (xvii) making credit union service organization investments in noncredit union service
4867 organization service providers.
4868 (3) (a) One or more credit unions organized under this chapter may form a credit union
4869 service organization on or after the day on which each credit union forming the credit union
4870 service organization obtains in accordance with this section the approval by the commissioner
4871 for the formation of the credit union service organization.
4872 (b) To obtain approval from the commissioner for the formation of a credit union
4873 service organization, each credit union that is forming a credit union service organization shall
4874 file an application with the commissioner that specifies:
4875 (i) whether the credit union meets the capital and surplus standards established by rule
4876 by the commissioner;
4877 (ii) the services to be provided by the credit union service organization; and
4878 (iii) any information required by rule by the commissioner.
4879 (c) The commissioner may by rule establish the requirements for forming of a credit
4880 union service organization to ensure that:
4881 (i) the credit union service organization as formed:
4882 (A) has the financial capacity to provide the services described in the application
4883 requesting the formation of the credit union service organization in a safe and sound manner;
4884 and
4885 (B) has the managerial expertise to provide the services described in the application
4886 requesting the formation of the credit union service organization in a safe and sound manner;
4887 and
4888 (ii) any potential harm that granting the approval may have on other institutions subject
4889 to the jurisdiction of the department does not clearly outweigh the probable beneficial effect of
4890 the credit union service organization providing the services.
4891 (4) (a) A credit union service organization may provide a service that is described in
4892 Subsection (2)(b) but not listed in the application requesting the formation of the credit union
4893 service organization by filing written notice with the commissioner at least 30 days before the
4894 day on which the credit union service organization first provides the service.
4895 (b) A credit union service organization may provide a service not described in
4896 Subsection (2)(b) if:
4897 (i) the credit union service organization files a written request for approval to provide
4898 the service with the commissioner; and
4899 (ii) the commissioner approves the credit union service organization providing that
4900 service.
4901 (c) The commissioner may at any time limit the services engaged in by a credit union
4902 service organization on the basis of:
4903 (i) a supervisory reason;
4904 (ii) a legal reason; or
4905 (iii) a safety and soundness reason.
4906 (5) The commissioner may conduct examinations of a credit union service organization
4907 in accordance with Section 7-1-314 .
4908 (6) In accordance with [
4909 Administrative Rulemaking Act, the commissioner may make rules for purposes of this
4910 section:
4911 (a) defining what constitutes an ownership interest held by a credit union;
4912 (b) specifying the information required to be included in an application seeking to form
4913 a credit union service organization;
4914 (c) specifying in accordance with Subsection (3), the requirements for forming a credit
4915 union service organization;
4916 (d) specifying the procedure for obtaining approval to provide a service under
4917 Subsection (4)(a); and
4918 (e) specifying the conditions under which a credit union service organization may
4919 provide a service described in Subsection (2).
4920 (7) (a) Except as provided in Subsection (7)(b), a credit union may not provide any
4921 service to a member of the credit union through:
4922 (i) a person who is controlled by or is under common control with the credit union
4923 whether or not the control is exercised:
4924 (A) directly; or
4925 (B) indirectly through one or more intermediary controls; or
4926 (ii) an entity in which the credit union holds an ownership interest.
4927 (b) Notwithstanding Subsection (7)(a), a credit union may provide services to a
4928 member of a credit union:
4929 (i) through a credit union service organization to the extent permitted by this section;
4930 or
4931 (ii) through a loan production office to the extent those services are authorized by
4932 Section 7-1-715 .
4933 (c) Notwithstanding Section 7-1-103 , for purposes of this section, "control" means the
4934 power, directly, or indirectly, to:
4935 (i) direct or exercise a controlling influence over:
4936 (A) the management or policies of an entity; or
4937 (B) the election of a majority of the directors or trustees of an entity;
4938 (ii) vote 20% or more of any class of voting securities of an entity by an individual; or
4939 (iii) vote more than 5% of any class of voting securities of an entity by a person other
4940 than an individual.
4941 (d) Nothing within this section may be interpreted as prohibiting a credit union from
4942 entering into a contract or agreement to provide services to members of the credit union if the
4943 person with whom the credit union enters into the contract agreement is not a person described
4944 in Subsection (7)(a).
4945 (8) (a) A credit union holding an ownership interest in a credit union service
4946 organization operating on May 5, 2003 is not required to file an application requesting to form
4947 that credit union service organization.
4948 (b) A credit union service organization operating on May 5, 2003:
4949 (i) shall provide the commissioner written notice of the services the credit union
4950 service organization provides by no later than July 1, 2003; and
4951 (ii) may provide a service not described in Subsection (2)(b) on or after July 1, 2003
4952 only if the credit union service organization has obtained approval from the commissioner in
4953 accordance with Subsection (4).
4954 Section 54. Section 7-23-103 is amended to read:
4955 7-23-103. Registration -- Rulemaking.
4956 (1) (a) It is unlawful for a person to engage in the business of a check casher in Utah or
4957 with a Utah resident unless the person:
4958 (i) registers with the department in accordance with this chapter; and
4959 (ii) maintains a valid registration.
4960 (b) It is unlawful for a person to operate a mobile facility in this state to engage in the
4961 business of a check casher.
4962 (2) (a) A registration and a renewal of a registration expires on April 30 of each year
4963 unless on or before that date the person renews the registration.
4964 (b) To register under this section, a person shall:
4965 (i) pay an original registration fee established under Subsection 7-1-401 (8); and
4966 (ii) submit a registration statement containing the information described in Subsection
4967 (2)(d).
4968 (c) To renew a registration under this section, a person shall:
4969 (i) pay the annual fee established under Subsection 7-1-401 (5); and
4970 (ii) submit a renewal statement containing the information described in Subsection
4971 (2)(d).
4972 (d) A registration or renewal statement shall state:
4973 (i) the name of the person;
4974 (ii) the name in which the business will be transacted if different from that required in
4975 Subsection (2)(d)(i);
4976 (iii) the address of the person's principal business office, which may be outside this
4977 state;
4978 (iv) the addresses of all offices in this state at which the person conducts the business
4979 of a check casher;
4980 (v) if the person conducts the business of a check casher in this state but does not
4981 maintain an office in this state, a brief description of the manner in which the business is
4982 conducted;
4983 (vi) the name and address in this state of a designated agent upon whom service of
4984 process may be made;
4985 (vii) disclosure of any injunction, judgment, administrative order, or conviction of any
4986 crime involving moral turpitude with respect to that person or any officer, director, manager,
4987 operator, or principal of that person; and
4988 (viii) any other information required by the rules of the department.
4989 (e) (i) The commissioner may impose an administrative fine determined under
4990 Subsection (2)(e)(ii) on a person if:
4991 (A) the person is required to be registered under this chapter;
4992 (B) the person fails to register or renew a registration in accordance with this chapter;
4993 (C) the department notifies the person that the person is in violation of this chapter for
4994 failure to be registered; and
4995 (D) the person fails to register within 30 days after the day on which the person
4996 receives the notice described in Subsection (2)(e)(i)(C).
4997 (ii) Subject to Subsection (2)(e)(iii), the administrative fine imposed under this section
4998 is:
4999 (A) $500 if the person:
5000 (I) has no office in this state at which the person conducts the business of a check
5001 casher; or
5002 (II) has one office in this state at which the person conducts the business of a check
5003 casher; or
5004 (B) if the person has two or more offices in this state at which the person conducts the
5005 business of a check casher, $500 for each office at which the person conducts the business of a
5006 check casher.
5007 (iii) The commissioner may reduce or waive a fine imposed under this Subsection
5008 (2)(e) if the person shows good cause.
5009 (3) If the information in a registration or renewal statement required under Subsection
5010 (2) becomes inaccurate after filing, a person is not required to notify the department until:
5011 (a) that person is required to renew the registration; or
5012 (b) the department specifically requests earlier notification.
5013 (4) In accordance with [
5014 Administrative Rulemaking Act, the department may make rules consistent with this section
5015 providing for the form, content, and filing of a registration and renewal statement.
5016 Section 55. Section 7-23-106 is amended to read:
5017 7-23-106. Enforcement by department -- Rulemaking.
5018 (1) Subject to the requirements of [
5019 Administrative Procedures Act, the department may:
5020 (a) receive and act on complaints;
5021 (b) take action designed to obtain voluntary compliance with this chapter;
5022 (c) commence administrative or judicial proceedings on its own initiative to enforce
5023 compliance with this chapter; or
5024 (d) take action against any check casher that fails to:
5025 (i) respond to the department, in writing within 30 business days of the day on which
5026 the check casher receives notice from the department of a complaint filed with the department;
5027 or
5028 (ii) submit information as requested by the department.
5029 (2) The department may:
5030 (a) counsel persons and groups on their rights and duties under this chapter;
5031 (b) make rules in accordance with [
5032 Administrative Rulemaking Act, to:
5033 (i) restrict or prohibit lending or servicing practices that are misleading, unfair, or
5034 abusive;
5035 (ii) promote or assure fair and full disclosure of the terms and conditions of agreements
5036 and communications between check cashers and customers; or
5037 (iii) promote or assure uniform application of or to resolve ambiguities in applicable
5038 state or federal laws or federal regulations; and
5039 (c) employ hearing examiners, clerks, and other employees and agents as necessary to
5040 perform the department's duties under this chapter.
5041 Section 56. Section 7-23-108 is amended to read:
5042 7-23-108. Penalties.
5043 (1) A person who violates this chapter or who files materially false information with a
5044 registration or renewal under Section 7-23-103 is:
5045 (a) guilty of a class B misdemeanor, except for a violation of:
5046 (i) Subsection 7-23-105 (1)(f)(i), (ii), or (iii); or
5047 (ii) rules made under Subsection 7-23-106 (2)(b); and
5048 (b) subject to revocation of a person's registration under this chapter.
5049 (2) Subject to [
5050 Act, if the department determines that a person is engaging in the business of cashing checks in
5051 violation of this chapter, the department may:
5052 (a) revoke that person's registration under this chapter;
5053 (b) issue a cease and desist order from committing any further violations;
5054 (c) prohibit the person from continuing to engage in the business of a check casher;
5055 (d) impose an administrative fine not to exceed $1,000 per violation, except that:
5056 (i) a fine imposed under Subsection 7-23-103 (2)(e) shall comply with Subsection
5057 7-23-103 (2)(e); and
5058 (ii) the aggregate total of fines imposed under this chapter against a person in a
5059 calendar year may not exceed $30,000 for that calendar year; or
5060 (e) take any combination of actions listed under this Subsection (2).
5061 Section 57. Section 7-24-201 is amended to read:
5062 7-24-201. Registration -- Rulemaking.
5063 (1) (a) It is unlawful for a person to extend a title loan in Utah or with a Utah resident
5064 unless the person:
5065 (i) registers with the department in accordance with this chapter; and
5066 (ii) maintains a valid registration.
5067 (b) It is unlawful for a person to operate a mobile facility in this state to extend a title
5068 loan.
5069 (2) (a) A registration and a renewal of a registration expires on April 30 of each year
5070 unless on or before that date the person renews the registration.
5071 (b) To register under this section, a person shall:
5072 (i) pay an original registration fee established under Subsection 7-1-401 (8); and
5073 (ii) submit a registration statement containing the information described in Subsection
5074 (2)(d).
5075 (c) To renew a registration under this section, a person shall:
5076 (i) pay the annual fee established under Subsection 7-1-401 (5); and
5077 (ii) submit a renewal statement containing the information described in Subsection
5078 (2)(d).
5079 (d) A registration or renewal statement shall state:
5080 (i) the name of the person;
5081 (ii) the name in which the business will be transacted if different from that required in
5082 Subsection (2)(d)(i);
5083 (iii) the address of the person's principal business office, which may be outside this
5084 state;
5085 (iv) the addresses of all offices in this state at which the person extends title loans;
5086 (v) if the person extends title loans in this state but does not maintain an office in this
5087 state, a brief description of the manner in which the business is conducted;
5088 (vi) the name and address in this state of a designated agent upon whom service of
5089 process may be made;
5090 (vii) disclosure of any injunction, judgment, administrative order, or conviction of any
5091 crime involving moral turpitude with respect to that person or any officer, director, manager,
5092 operator, or principal of that person; and
5093 (viii) any other information required by the rules of the department.
5094 (e) (i) The commissioner may impose an administrative fine determined under
5095 Subsection (2)(e)(ii) on a person if:
5096 (A) the person is required to be registered under this chapter;
5097 (B) the person fails to register or renew a registration in accordance with this chapter;
5098 (C) the department notifies the person that the person is in violation of this chapter for
5099 failure to be registered; and
5100 (D) the person fails to register within 30 days after the day on which the person
5101 receives the notice described in Subsection (2)(e)(i)(C).
5102 (ii) Subject to Subsection (2)(e)(iii), the administrative fine imposed under this
5103 Subsection (2)(e) is:
5104 (A) $500 if the person:
5105 (I) has no office in this state at which the person extends a title loan; or
5106 (II) has one office in this state at which the person extends a title loan; or
5107 (B) if the person has two or more offices in this state at which the person extends a title
5108 loan, $500 for each office at which the person extends a title loan.
5109 (iii) The commissioner may reduce or waive a fine imposed under this Subsection
5110 (2)(e) if the person shows good cause.
5111 (3) If the information in a registration or renewal statement required under Subsection
5112 (2) becomes inaccurate after filing, a person is not required to notify the department until:
5113 (a) that person is required to renew the registration; or
5114 (b) the department specifically requests earlier notification.
5115 (4) In accordance with [
5116 Administrative Rulemaking Act, the department may make rules consistent with this section
5117 providing for the form, content, and filing of a registration and renewal statement.
5118 Section 58. Section 7-24-203 is amended to read:
5119 7-24-203. Disclosure form for title loans.
5120 (1) In accordance with [
5121 Administrative Rulemaking Act, the department shall adopt a disclosure form for title loans
5122 that complies with this section.
5123 (2) The department shall specify by rule:
5124 (a) the information to be provided in the disclosure form including:
5125 (i) the costs of obtaining a title loan;
5126 (ii) the consequences of defaulting on a title loan;
5127 (iii) generally available alternatives to a title loan; and
5128 (iv) methods of obtaining credit counseling or other financial advice;
5129 (b) the type size of the disclosure form; and
5130 (c) the manner in which a title lender shall conspicuously provide the disclosure form
5131 to a person seeking a title loan.
5132 Section 59. Section 7-24-301 is amended to read:
5133 7-24-301. Enforcement by department -- Rulemaking.
5134 (1) Subject to the requirements of [
5135 Administrative Procedures Act, the department may:
5136 (a) receive and act on complaints;
5137 (b) take action designed to obtain voluntary compliance with this chapter; or
5138 (c) commence administrative or judicial proceedings on its own initiative to enforce
5139 compliance with this chapter.
5140 (2) The department may:
5141 (a) counsel persons and groups on their rights and duties under this chapter;
5142 (b) make rules to:
5143 (i) restrict or prohibit lending or servicing practices that are misleading, unfair, or
5144 abusive;
5145 (ii) promote or assure fair and full disclosure of the terms and conditions of agreements
5146 and communications between title lenders and customers; or
5147 (iii) promote or assure uniform application of or to resolve ambiguities in applicable
5148 state or federal laws or federal regulations; and
5149 (c) employ hearing examiners, clerks, and other employees and agents as necessary to
5150 perform the department's duties under this chapter.
5151 Section 60. Section 7-24-303 is amended to read:
5152 7-24-303. Penalties.
5153 (1) A person who violates this chapter or who files materially false information with a
5154 registration or renewal under Section 7-24-201 is:
5155 (a) guilty of a class B misdemeanor except for a violation of:
5156 (i) Subsection 7-24-202 (1)(e)(i), (ii), or (iii); or
5157 (ii) rules made under Subsection 7-24-301 (2)(b); and
5158 (b) subject to revocation of a person's registration under this chapter.
5159 (2) Subject to [
5160 Act, if the department determines that a person is extending title loans in violation of this
5161 chapter, the department may:
5162 (a) revoke that person's registration under this chapter;
5163 (b) issue a cease and desist order from committing any further violations;
5164 (c) prohibit the person from continuing to extend title loans;
5165 (d) impose an administrative fine not to exceed $1,000 per violation, except that:
5166 (i) a fine imposed under Subsection 7-24-201 (2)(e) shall comply with Subsection
5167 7-24-201 (2)(e); and
5168 (ii) the aggregate total of fines imposed under this chapter against a person in a
5169 calendar year may not exceed $30,000 for that calendar year; or
5170 (e) take any combination of actions listed under this Subsection (2).
5171 (3) A person is not subject to the penalties under this section for a violation of this
5172 chapter that was not willful or intentional, including a violation resulting from a clerical error.
5173 Section 61. Section 9-1-203 is amended to read:
5174 9-1-203. Compliance with Administrative Procedures Act.
5175 The department and all of its divisions, boards, offices, bureaus, commissions, and
5176 other entities shall comply with the procedures and requirements of [
5177 Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
5178 Section 62. Section 9-1-809 is amended to read:
5179 9-1-809. Commission duties.
5180 (1) The commission shall, in the performance of its tasks and functions:
5181 (a) ensure that its funding decisions meet all federal and state statutory requirements;
5182 (b) recommend innovative, creative, statewide service programs to increase volunteer
5183 participation in all age groups and community-based problem-solving among diverse
5184 participants;
5185 (c) develop and implement a centralized, organized system of obtaining information
5186 and technical support concerning volunteerism and community service recruitment, projects,
5187 training methods, materials, and activities throughout the state and share such information and
5188 support upon request;
5189 (d) promote strong interagency collaboration as an avenue for maximizing resources
5190 and providing that model on the state level;
5191 (e) provide public recognition and support of individual volunteer efforts and
5192 successful or promising private sector initiatives and public/private partnerships that address
5193 community needs;
5194 (f) stimulate increased community awareness of the impact of volunteer services in the
5195 state;
5196 (g) utilize local, state, and, subject to [
5197 Federal Funds Procedures, federal resources to reinforce, expand, and initiate quality service
5198 programs;
5199 (h) assist in the planning and implementation of volunteer programs;
5200 (i) serve as the state's liaison and voice to appropriate national and state organizations
5201 that support its mission;
5202 (j) develop a three-year comprehensive state and community service plan and establish
5203 state priorities;
5204 (k) preselect programs and prepare applications to the corporation pursuant to the act;
5205 (l) prepare service learning applications;
5206 (m) administer the grants program and oversee and monitor the performance and
5207 progress of funded programs;
5208 (n) implement comprehensive, nonduplicative evaluation and monitoring systems;
5209 (o) provide technical assistance to local nonprofit organizations and other entities;
5210 (p) assist in the development of programs established in the act;
5211 (q) develop mechanisms for recruitment and placement of people interested in
5212 participating in national service programs;
5213 (r) assist in the provision of health care and child care benefits to participants under the
5214 act;
5215 (s) make priority program recommendations to the corporation;
5216 (t) coordinate its activities with the activities of other state agencies that administer
5217 federal block grants; and
5218 (u) coordinate its activities with the activities of other volunteer service programs.
5219 (2) The commission may not directly operate or run any national service program
5220 receiving financial assistance, in any form, from the corporation.
5221 (3) The commission may, subject to [
5222 Federal Funds Procedures, receive and accept federal funds, and may receive and accept private
5223 gifts, donations, or funds from any source. All moneys shall be deposited with the state and
5224 shall be continuously available to the commission to carry out the purposes of this part.
5225 (4) (a) The commission shall establish a community volunteer training program to
5226 assist the state's school districts in implementing the literacy programs required under Section
5227 53A-1-801 .
5228 (b) The program shall focus on:
5229 (i) recruitment of volunteers to assist public schools in reading improvement programs;
5230 (ii) providing for the training of volunteers recruited under Subsection (4)(b)(i), which
5231 may include training in teaching phonetic decoding skills and phonemic awareness, to assist
5232 public schools and community based, not-for-profit literacy programs in accomplishing the
5233 literacy goals established in Section 53A-1-801 ;
5234 (iii) providing grants to entities whose primary purpose is to support literacy by
5235 working with either school districts or individual schools to accomplish their literacy goals;
5236 and
5237 (iv) providing materials and supplies which may be used by the commission or the
5238 public schools or both to help public education accomplish its literacy goals under Section
5239 53A-1-801 .
5240 (c) The commission shall coordinate its activities under this Subsection (4) with other
5241 state and community entities engaged in child literacy programs.
5242 (d) (i) The commission shall make an annual report to the State Board of Education on:
5243 (A) how public monies were spent on the programs authorized under this Subsection
5244 (4); and
5245 (B) the number of volunteers recruited for and participating in the program.
5246 (ii) The commission shall make its report by July 1, with the first report required by
5247 July 1, 2000.
5248 Section 63. Section 9-3-308 is amended to read:
5249 9-3-308. Relation to certain acts.
5250 (1) The authority is exempt from:
5251 (a) Title 51, Chapter 5, Funds Consolidation Act;
5252 (b) [
5253 (c) [
5254 (d) Title 63A, Chapter 1, Utah Administrative Services Code; and
5255 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
5256 (2) The authority shall be subject to audit by the state auditor pursuant to Title 67,
5257 Chapter 3, and by the legislative auditor general pursuant to Section 36-12-15 .
5258 Section 64. Section 9-3-410 is amended to read:
5259 9-3-410. Relation to certain acts.
5260 (1) The authority is exempt from:
5261 (a) Title 51, Chapter 5, Funds Consolidation Act;
5262 (b) [
5263 (c) [
5264 (d) Title 63A, Chapter 1, Utah Administrative Services Code; and
5265 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
5266 (2) The authority shall be subject to audit by:
5267 (a) the state auditor pursuant to Title 67, Chapter 3, Auditor; and
5268 (b) the legislative auditor general pursuant to Section 36-12-15 .
5269 (3) The authority shall annually report to the Retirement and Independent Entities
5270 Committee created under Section 63E-1-201 concerning the authority's implementation of this
5271 part.
5272 Section 65. Section 9-4-202 is amended to read:
5273 9-4-202. Powers and duties of division.
5274 (1) The division shall:
5275 (a) assist local governments and citizens in the planning, development, and
5276 maintenance of necessary public infrastructure and services;
5277 (b) cooperate with, and provide technical assistance to, counties, cities, towns, regional
5278 planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation
5279 boards, community development groups, community action agencies, and other agencies
5280 created for the purpose of aiding and encouraging an orderly, productive, and coordinated
5281 development of the state and its political subdivisions;
5282 (c) assist the governor in coordinating the activities of state agencies which have an
5283 impact on the solution of community development problems and the implementation of
5284 community plans;
5285 (d) serve as a clearinghouse for information, data, and other materials which may be
5286 helpful to local governments in discharging their responsibilities and provide information on
5287 available federal and state financial and technical assistance;
5288 (e) carry out continuing studies and analyses of the problems faced by communities
5289 within the state and develop such recommendations for administrative or legislative action as
5290 appear necessary;
5291 (f) assist in funding affordable housing and addressing problems of homelessness;
5292 (g) support economic development activities through grants, loans, and direct programs
5293 financial assistance;
5294 (h) certify project funding at the local level in conformance with federal, state, and
5295 other requirements;
5296 (i) utilize the capabilities and facilities of public and private universities and colleges
5297 within the state in carrying out its functions;
5298 (j) assist and support local governments, community action agencies, and citizens in
5299 the planning, development, and maintenance of home weatherization, energy efficiency, and
5300 antipoverty activities; and
5301 (k) assist and support volunteer efforts in the state.
5302 (2) The division may:
5303 (a) by following the procedures and requirements of [
5304 Chapter 5, Federal Funds Procedures, seek federal grants, loans, or participation in federal
5305 programs;
5306 (b) if any federal program requires the expenditure of state funds as a condition to
5307 participation by the state in any fund, property, or service, with the governor's approval, expend
5308 whatever funds are necessary out of the money provided by the Legislature for the use of the
5309 department;
5310 (c) in accordance with Part 13, Domestic Violence Shelters, assist in developing,
5311 constructing, and improving shelters for victims of domestic violence, as described in Section
5312 77-36-1 , through loans and grants to nonprofit and governmental entities; and
5313 (d) assist, when requested by a county or municipality, in the development of
5314 accessible housing.
5315 (3) (a) The division is recognized as an issuing authority as defined in Subsection
5316 9-4-502 (7), entitled to issue bonds from the Small Issue Bond Account created in Subsection
5317 9-4-506 (1)(c) as a part of the state's private activity bond volume cap authorized by the Internal
5318 Revenue Code of 1986 and computed under Section 146 of the code.
5319 (b) To promote and encourage the issuance of bonds from the Small Issue Bond
5320 Account for manufacturing projects, the division may:
5321 (i) develop campaigns and materials that inform qualified small manufacturing
5322 businesses about the existence of the program and the application process;
5323 (ii) assist small businesses in applying for and qualifying for these bonds; or
5324 (iii) develop strategies to lower the cost to small businesses of applying for and
5325 qualifying for these bonds, including making arrangements with financial advisors,
5326 underwriters, bond counsel, and other professionals involved in the issuance process to provide
5327 their services at a reduced rate when the division can provide them with a high volume of
5328 applicants or issues.
5329 Section 66. Section 9-4-306 is amended to read:
5330 9-4-306. Powers.
5331 The impact board may:
5332 (1) appoint, where it considers this appropriate, a hearing examiner or administrative
5333 law judge with authority to conduct any hearings, make determinations, and enter appropriate
5334 findings of facts, conclusions of law, and orders under authority of the impact board under
5335 Sections 11-13-306 and 11-13-307 ;
5336 (2) appoint additional professional and administrative staff necessary to effectuate
5337 Sections 11-13-306 and 11-13-307 ;
5338 (3) make independent studies regarding matters submitted to it under Sections
5339 11-13-306 and 11-13-307 that the impact board, in its discretion, considers necessary, which
5340 studies shall be made a part of the record and may be considered in the impact board's
5341 determination; and
5342 (4) make rules under [
5343 Rulemaking Act it considers necessary to perform its responsibilities under Sections 11-13-306
5344 and 11-13-307 .
5345 Section 67. Section 9-4-307 is amended to read:
5346 9-4-307. Impact fund administered by impact board -- Eligibility for assistance --
5347 Review by board -- Administration costs -- Annual report.
5348 (1) (a) The impact board shall:
5349 (i) administer the impact fund in a manner that will keep a portion of the impact fund
5350 revolving;
5351 (ii) determine provisions for repayment of loans; and
5352 (iii) establish criteria for determining eligibility for assistance under this part.
5353 (b) (i) Criteria for awarding loans or grants made from funds described in Subsection
5354 9-4-303 (5) shall be consistent with Subsection 9-4-303 (5).
5355 (ii) Criteria for awarding grants made from funds described in Subsection 9-4-303
5356 (2)(c) shall be consistent with Subsection 9-4-303 (6).
5357 (c) In order to receive assistance under this part, subdivisions and interlocal agencies
5358 shall submit formal applications containing the information that the impact board requires.
5359 (2) In determining eligibility for loans and grants under this part, the impact board shall
5360 consider the following:
5361 (a) the subdivision's or interlocal agency's current mineral lease production;
5362 (b) the feasibility of the actual development of a resource that may impact the
5363 subdivision or interlocal agency directly or indirectly;
5364 (c) current taxes being paid by the subdivision's or interlocal agency's residents;
5365 (d) the borrowing capacity of the subdivision or interlocal agency, its ability and
5366 willingness to sell bonds or other securities in the open market, and its current and authorized
5367 indebtedness;
5368 (e) all possible additional sources of state and local revenue, including utility user
5369 charges;
5370 (f) the availability of federal assistance funds;
5371 (g) probable growth of population due to actual or prospective natural resource
5372 development in an area;
5373 (h) existing public facilities and services;
5374 (i) the extent of the expected direct or indirect impact upon public facilities and
5375 services of the actual or prospective natural resource development in an area; and
5376 (j) the extent of industry participation in an impact alleviation plan, either as specified
5377 in [
5378 (3) The impact board may not fund any education project that could otherwise have
5379 reasonably been funded by a school district through a program of annual budgeting, capital
5380 budgeting, bonded indebtedness, or special assessments.
5381 (4) The impact board may restructure all or part of the agency's or subdivision's
5382 liability to repay loans for extenuating circumstances.
5383 (5) The impact board shall:
5384 (a) review the proposed uses of the impact fund for loans or grants before approving
5385 them and may condition its approval on whatever assurances that the impact board considers to
5386 be necessary to ensure that the proceeds of the loan or grant will be used in accordance with the
5387 Leasing Act and this part; and
5388 (b) ensure that each loan specifies the terms for repayment and is evidenced by general
5389 obligation, special assessment, or revenue bonds, notes, or other obligations of the appropriate
5390 subdivision or interlocal agency issued to the impact board under whatever authority for the
5391 issuance of those bonds, notes, or obligations exists at the time of the loan.
5392 (6) The impact board shall allocate from the impact fund to the department those funds
5393 that are appropriated by the Legislature for the administration of the impact fund, but this
5394 amount may not exceed 2% of the annual receipts to the impact fund.
5395 (7) The department shall make an annual report to the Legislature concerning the
5396 number and type of loans and grants made as well as a list of subdivisions and interlocal
5397 agencies that received this assistance.
5398 Section 68. Section 9-4-509 is amended to read:
5399 9-4-509. Procedures -- Adjudicative proceedings.
5400 The board of review shall comply with the procedures and requirements of [
5401
5402 proceedings.
5403 Section 69. Section 9-4-704 is amended to read:
5404 9-4-704. Distribution of fund moneys.
5405 (1) The executive director shall:
5406 (a) make grants and loans from the fund for any of the activities authorized by Section
5407 9-4-705 , as directed by the board;
5408 (b) establish the criteria with the approval of the board by which loans and grants will
5409 be made; and
5410 (c) determine with the approval of the board the order in which projects will be funded.
5411 (2) The executive director shall distribute, as directed by the board, any federal moneys
5412 contained in the fund according to the procedures, conditions, and restrictions placed upon the
5413 use of those moneys by the federal government.
5414 (3) (a) The executive director shall distribute, as directed by the board, any funds
5415 received pursuant to Section 17C-1-412 to pay the costs of providing income targeted housing
5416 within the community that created the community development and renewal agency under Title
5417 17C, Limited Purpose Local Government Entities - Community Development and Renewal
5418 Agencies.
5419 (b) As used in Subsection (3)(a):
5420 (i) "Community" has the meaning as defined in Section 17C-1-102 .
5421 (ii) "Income targeted housing" has the meaning as defined in Section 17C-1-102 .
5422 (4) Except federal money and money received under Section 17C-1-412 , the executive
5423 director shall distribute, as directed by the board, all other moneys from the fund according to
5424 the following requirements:
5425 (a) Not less than 30% of all fund moneys shall be distributed to rural areas of the state.
5426 (b) At least 50% of the moneys in the fund shall be distributed as loans to be repaid to
5427 the fund by the entity receiving them.
5428 (i) (A) Of the fund moneys distributed as loans, at least 50% shall be distributed to
5429 benefit persons whose annual income is at or below 50% of the median family income for the
5430 state.
5431 (B) The remaining loan moneys shall be distributed to benefit persons whose annual
5432 income is at or below 80% of the median family income for the state.
5433 (ii) The executive director or [
5434 in accordance with this Subsection (4) at a rate based upon the borrower's ability to pay.
5435 (c) Any fund moneys not distributed as loans shall be distributed as grants.
5436 (i) At least 90% of the fund moneys distributed as grants shall be distributed to benefit
5437 persons whose annual income is at or below 50% of the median family income for the state.
5438 (ii) The remaining fund moneys distributed as grants may be used by the executive
5439 director to obtain federal matching funds or for other uses consistent with the intent of this part,
5440 including the payment of reasonable loan servicing costs, but no more than 3% of the revenues
5441 of the fund may be used to offset other department or board administrative expenses.
5442 (5) The executive director may with the approval of the board:
5443 (a) enact rules to establish procedures for the grant and loan process by following the
5444 procedures and requirements of [
5445 Administrative Rulemaking Act; and
5446 (b) service or contract, pursuant to [
5447 Procurement Code, for the servicing of loans made by the fund.
5448 Section 70. Section 9-4-906 is amended to read:
5449 9-4-906. Relation to certain acts.
5450 (1) The corporation is exempt from:
5451 (a) Title 51, Chapter 5, Funds Consolidation Act;
5452 (b) Title 51, Chapter 7, State Money Management Act;
5453 (c) [
5454 (d) [
5455 (e) [
5456 (f) Title 63A, Utah Administrative Services Code; and
5457 (g) Title 67, Chapter 19, Utah State Personnel Management Act.
5458 (2) The corporation shall comply with:
5459 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
5460 (b) [
5461 Management Act.
5462 Section 71. Section 9-4-917 is amended to read:
5463 9-4-917. Notes, bonds, other obligations -- Not debt liability -- Expenses payable
5464 from funds provided -- Corporation without authority to incur liability on behalf of state
5465 -- Relationship to Governmental Immunity Act of Utah.
5466 (1) (a) Notes, bonds, and other obligations issued under this part do not constitute a
5467 debt or liability of this state or of any county, city, town, village, school district, or any other
5468 political subdivision of the state, nor shall the notes, bonds, or other obligations constitute the
5469 loaning of credit of the state or of any county, city, town, township, district, or any other
5470 political subdivision of the state, nor may the notes, bonds, or other obligations be payable
5471 from funds other than those of the corporation.
5472 (b) All notes, bonds, or other obligations shall contain on their face a statement to the
5473 effect that:
5474 (i) the corporation is obligated to pay the note, bond, or obligation solely from the
5475 revenues or other funds of the corporation;
5476 (ii) neither this state nor any political subdivision of it is obligated to pay the note,
5477 bond, or obligation; and
5478 (iii) neither the faith and credit nor the taxing power of this state or any political
5479 subdivision of it is pledged to the payment of principal, or redemption price of, or the interest
5480 on the notes, bonds, or other obligations.
5481 (2) All expenses incurred in carrying out this act shall be payable solely from funds
5482 provided under this part, and nothing in this part shall be construed to authorize the corporation
5483 to incur indebtedness or liability on behalf of or payable by this state or any political
5484 subdivision of it.
5485 (3) (a) [
5486 Utah, shall apply to the corporation.
5487 (b) Notwithstanding Subsection (3)(a), no claim may be brought against the state, any
5488 public official or employee of the state, another public entity, or any public official or
5489 employee of another public entity, based on or arising from:
5490 (i) any failure or alleged failure to fulfill a contractual obligation of the corporation;
5491 (ii) any act or failure to act of the corporation or any of its trustees, officers, employees,
5492 agents, or representatives; or
5493 (iii) any failure of the corporation to comply with the requirements of any law or
5494 regulation.
5495 (c) The provisions of Subsection (3)(b) do not apply to a claim of a current or former
5496 officer or employee of the corporation for the retirement or insurance benefits.
5497 Section 72. Section 9-4-1103 is amended to read:
5498 9-4-1103. Utah State Fair Corporation -- Legal status -- Powers.
5499 (1) There is created an independent public nonprofit corporation known as the "Utah
5500 State Fair Corporation."
5501 (2) The board shall file articles of incorporation for the corporation with the Division
5502 of Corporations and Commercial Code.
5503 (3) The corporation shall, subject to this part, have all powers and authority permitted
5504 nonprofit corporations by law.
5505 (4) The corporation shall, subject to approval of the board:
5506 (a) have general management, supervision, and control over all activities relating to the
5507 state fair and have charge of all state expositions except as otherwise provided by statute;
5508 (b) for public entertainment, displays, and exhibits or similar events:
5509 (i) provide, sponsor, or arrange the events;
5510 (ii) publicize and promote the events; and
5511 (iii) secure funds to cover the cost of the exhibits from:
5512 (A) private contributions;
5513 (B) public appropriations;
5514 (C) admission charges; and
5515 (D) other lawful means;
5516 (c) establish the time, place, and purpose of state expositions; and
5517 (d) acquire and designate exposition sites.
5518 (5) (a) The corporation shall:
5519 (i) use generally accepted accounting principals in accounting for its assets, liabilities,
5520 and operations;
5521 (ii) seek corporate sponsorships for the state fair park and for individual buildings or
5522 facilities within the fair park;
5523 (iii) work with county and municipal governments, the Salt Lake Convention and
5524 Visitor's Bureau, the Utah Travel Council, and other entities to develop and promote
5525 expositions and the use of the state fair park;
5526 (iv) develop and maintain a marketing program to promote expositions and the use of
5527 the state fair park;
5528 (v) in cooperation with the Division of Facilities Construction and Management,
5529 maintain the physical appearance and structural integrity of the state fair park and the buildings
5530 located at the state fair park;
5531 (vi) hold an annual exhibition that:
5532 (A) is called the state fair or a similar name;
5533 (B) includes expositions of livestock, poultry, agricultural, domestic science,
5534 horticultural, floricultural, mineral, and industrial products, manufactured articles, and
5535 domestic animals that, in the corporation's opinion will best stimulate agricultural, industrial,
5536 artistic, and educational pursuits and the sharing of talents among the people of Utah;
5537 (C) includes the award of premiums for the best specimens of the exhibited articles and
5538 animals;
5539 (D) permits competition by livestock exhibited by citizens of other states and territories
5540 of the United States; and
5541 (E) is arranged according to plans approved by the board;
5542 (vii) fix the conditions of entry to the exposition described in Subsection (5)(a)(vi); and
5543 (viii) publish a list of premiums that will be awarded at the exhibition described in
5544 Subsection (5)(a)(vi) for the best specimens of exhibited articles and animals.
5545 (b) In addition to the state fair to be held in accordance with Subsection (5)(a)(vi), the
5546 corporation may hold other exhibitions of livestock, poultry, agricultural, domestic science,
5547 horticultural, floricultural, mineral, and industrial products, manufactured articles, and
5548 domestic animals that, in its opinion, will best stimulate agricultural, industrial, artistic, and
5549 educational pursuits and the sharing of talents among the people of Utah.
5550 (6) The corporation may:
5551 (a) employ advisers, consultants, and agents, including financial experts and
5552 independent legal counsel, and fix their compensation;
5553 (b) procure insurance against any loss in connection with its property and other assets,
5554 including mortgage loans;
5555 (c) receive and accept aid or contributions of money, property, labor, or other things of
5556 value from any source, including any grants or appropriations from any department, agency, or
5557 instrumentality of the United States or Utah;
5558 (d) hold, use, loan, grant, and apply that aid and those contributions to carry out the
5559 purposes of the corporation, subject to the conditions, if any, upon which the aid and
5560 contributions were made;
5561 (e) enter into management agreements with any person or entity for the performance of
5562 its functions or powers;
5563 (f) establish whatever accounts and procedures as necessary to budget, receive, and
5564 disburse, account for, and audit all funds received, appropriated, or generated;
5565 (g) enter into agreements for the leasing of any of the facilities at the state fair park, if
5566 approved by the board; and
5567 (h) sponsor events as approved by the board.
5568 (7) (a) Except as provided in Subsection (7)(c), as an independent agency of Utah, the
5569 corporation is exempt from:
5570 (i) [
5571 (ii) Title 51, Chapter 7, State Money Management Act;
5572 (iii) Title 63A, Utah Administrative Services Code;
5573 (iv) Title 51, Chapter 5, Funds Consolidation Act;
5574 (v) [
5575 (vi) Title 67, Chapter 19, Utah State Personnel Management Act.
5576 (b) The board shall adopt policies parallel to and consistent with:
5577 (i) [
5578 (ii) Title 51, Chapter 7, State Money Management Act;
5579 (iii) Title 63A, Utah Administrative Services Code;
5580 (iv) Title 51, Chapter 5, Funds Consolidation Act; and
5581 (v) [
5582 (c) The corporation shall comply with the legislative approval requirements for new
5583 facilities established in Subsection 63A-5-104 (3).
5584 Section 73. Section 9-4-1301 is amended to read:
5585 9-4-1301. Assistance to domestic violence shelters -- Rulemaking authority.
5586 (1) The Division of Child and Family Services within the Department of Human
5587 Services has statutory responsibility to provide violence services, including temporary shelter,
5588 to victims of domestic violence pursuant to the provisions of Sections 62A-4a-101 and
5589 62A-4a-105 . The division may assist the Division of Child and Family Services by providing
5590 for the development, construction, and improvement of shelters for victims of domestic
5591 violence, as described in Section 77-36-1 , through loans and grants to nonprofit and
5592 governmental entities.
5593 (2) No later than July 1, 2001, the division shall, in accordance with [
5594
5595 (a) procedures for applying for loans and grants;
5596 (b) criteria for awarding loans and grants; and
5597 (c) requirements for the repayment of loans.
5598 (3) The division may appoint an advisory panel to:
5599 (a) assist the division in developing rules under Subsection (2); and
5600 (b) recommend how available funds should be disbursed.
5601 (4) The division shall make loans and grants with monies specifically appropriated for
5602 that purpose.
5603 (5) The division shall coordinate with the Division of Child and Family Services in
5604 complying with the provisions of this section.
5605 Section 74. Section 9-4-1404 is amended to read:
5606 9-4-1404. Duties of office.
5607 The office shall:
5608 (1) coordinate state activities designed to reduce poverty;
5609 (2) encourage entities in the private sector to participate in efforts to ameliorate poverty
5610 in the community;
5611 (3) cooperate with agencies of local, state, and federal government in reducing poverty
5612 and implementing community, social, and economic programs;
5613 (4) receive and expend funds for the purposes outlined in this part;
5614 (5) enter into contracts with and award grants to public and private nonprofit agencies
5615 and organizations;
5616 (6) develop a state plan based on needs identified by community action agencies and
5617 community action statewide organizations;
5618 (7) designate community action agencies to receive funds through the Community
5619 Services Block Grant program;
5620 (8) fund community action agencies and community action statewide organizations;
5621 (9) make rules in conjunction with the division pursuant to [
5622 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the purposes of this
5623 part;
5624 (10) provide assistance to local governments or private organizations for the purpose of
5625 establishing and operating a community action agency;
5626 (11) provide technical assistance to community action agencies to improve program
5627 planning, program development, administration, and the mobilization of public and private
5628 resources;
5629 (12) convene public meetings which provide citizens the opportunity to comment on
5630 public policies and programs to reduce poverty;
5631 (13) advise the governor and Legislature of the nature and extent of poverty in the state
5632 and make recommendations concerning changes in state and federal policies and programs;
5633 (14) encourage Utah's nonprofit humanitarian assistance agencies serving low-income
5634 persons by facilitating, coordinating, training, partnerships, and providing technical assistance
5635 in addressing Utah's low-income persons by enhancing management, improving service and
5636 program delivery, and preserving flexibility and local initiative;
5637 (15) develop and implement management goals which fulfill the Community Services
5638 Block Grant mission, state requirements, and the mandates of federal legislation;
5639 (16) prepare a Community Services Block Grant plan which contains provisions
5640 describing how the state will carry out the assurances of the Community Services Block Grant
5641 Act;
5642 (17) act as the state agency responsible for the evaluation and improvement of
5643 emergency food assistance services in the state;
5644 (18) monitor the impact of social policies on the emergency food network;
5645 (19) provide training and technical assistance to all grantees to assist them in program
5646 development and implementation, compliance with state and federal regulations, and reporting
5647 and management information systems;
5648 (20) certify, monitor, and decertify qualified emergency food agencies for purposes of
5649 the sales tax refund under Section 59-12-902 ; and
5650 (21) administer other programs to alleviate poverty assigned to the office.
5651 Section 75. Section 9-4-1406 is amended to read:
5652 9-4-1406. Evaluations -- Reports.
5653 (1) The office shall periodically evaluate grantees of Community Services Block Grant
5654 funds as established by rule by the division in accordance with [
5655 63G, Chapter 3, Utah Administrative Rulemaking Act.
5656 (2) Grantees of Community Services Block Grant funds shall submit to the office a
5657 year-end report, covering a reporting period consistent with the federal fiscal year, which
5658 provides an account of all programs operated with or supported by Community Services Block
5659 Grant funds, including:
5660 (a) types of programs operated by that grantee;
5661 (b) the program outcomes;
5662 (c) the number of persons served;
5663 (d) the number of times service was given; and
5664 (e) an accounting of all Community Services Block Grant funds expended by the
5665 grantee.
5666 (3) The office shall report annually to the appropriate legislative appropriations
5667 subcommittee on the distribution and expenditure of Community Services Block Grant funds.
5668 Section 76. Section 9-6-205 is amended to read:
5669 9-6-205. Board powers and duties.
5670 (1) The board may:
5671 (a) make, amend, or repeal rules for the conduct of its business in governing the
5672 institute and the division in accordance with [
5673 Administrative Rulemaking Act;
5674 (b) receive gifts, bequests, and property; and
5675 (c) issue certificates and offer and confer prizes, certificates, and awards for works of
5676 art and achievement in the arts.
5677 (2) The board shall make policy for the institute and for the division.
5678 Section 77. Section 9-6-504 is amended to read:
5679 9-6-504. Duties of board.
5680 The board shall:
5681 (1) allocate moneys from the state fund to the endowment fund created by a qualifying
5682 organization under Section 9-6-503 ;
5683 (2) determine the eligibility of each qualifying organization to receive moneys from the
5684 state fund into the endowment fund of the qualifying organization and be the final arbiter of
5685 eligibility;
5686 (3) determine the matching amount each qualifying organization must raise in order to
5687 qualify to receive moneys from the state fund;
5688 (4) establish a date by which each qualifying organization must provide its matching
5689 funds;
5690 (5) verify that matching funds have been provided by each qualifying organization by
5691 the date determined in Subsection (4); and
5692 (6) in accordance with [
5693 Administrative Rulemaking Act, establish criteria by rule not otherwise prescribed in this
5694 chapter for determining the eligibility of qualifying organizations to receive moneys from the
5695 state fund.
5696 Section 78. Section 9-6-605 is amended to read:
5697 9-6-605. Board -- Duties.
5698 (1) The board is the policymaking body for the office.
5699 (2) The board shall, in consultation with the director of the office:
5700 (a) set policies and, in accordance with [
5701 Utah Administrative Rulemaking Act, make rules governing:
5702 (i) the office grants program; and
5703 (ii) the awarding of grants to assist Utah's eligible museums; and
5704 (b) set eligibility guidelines for grants administered through the office.
5705 Section 79. Section 9-7-213 is amended to read:
5706 9-7-213. Rulemaking.
5707 The division may make rules in accordance with [
5708 Chapter 3, Utah Administrative Rulemaking Act, necessary to implement and administer the
5709 provisions of this chapter including:
5710 (1) standards which must be met by libraries to obtain and retain a designation as a
5711 depository library;
5712 (2) the method by which grants are made to individual libraries, but not including
5713 appropriations made directly to any other agency or institution;
5714 (3) standards for the certification of public librarians; and
5715 (4) standards for the public library online access policy required in Section 9-7-215 .
5716 Section 80. Section 9-7-302 is amended to read:
5717 9-7-302. Public access -- Rules.
5718 (1) The public shall have access to the State Law Library.
5719 (2) The board of control may make rules in accordance with [
5720 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with the
5721 provisions of this part.
5722 Section 81. Section 9-8-203 is amended to read:
5723 9-8-203. Division duties.
5724 (1) The division shall:
5725 (a) stimulate research, study, and activity in the field of Utah history and related
5726 history;
5727 (b) maintain a specialized history library;
5728 (c) mark and preserve historic sites, areas, and remains;
5729 (d) collect, preserve, and administer historical records relating to the history of Utah;
5730 (e) administer, collect, preserve, document, interpret, develop, and exhibit historical
5731 artifacts, documentary materials, and other objects relating to the history of Utah for
5732 educational and cultural purposes;
5733 (f) edit and publish historical records;
5734 (g) cooperate with local, state, and federal agencies and schools and museums to
5735 provide coordinated and organized activities for the collection, documentation, preservation,
5736 interpretation, and exhibition of historical artifacts related to the state;
5737 (h) provide grants and technical assistance as necessary and appropriate; and
5738 (i) comply with the procedures and requirements of [
5739 Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
5740 (2) The division may acquire or produce reproductions of historical artifacts and
5741 documentary materials for educational and cultural use.
5742 (3) To promote an appreciation of Utah history and to increase heritage tourism in the
5743 state, the division shall:
5744 (a) (i) create and maintain an inventory of all historic markers and monuments that are
5745 accessible to the public throughout the state;
5746 (ii) enter into cooperative agreements with other groups and organizations to collect
5747 and maintain the information needed for the inventory;
5748 (iii) encourage the use of volunteers to help collect the information and to maintain the
5749 inventory;
5750 (iv) publicize the information in the inventory in a variety of forms and media,
5751 especially to encourage Utah citizens and tourists to visit the markers and monuments;
5752 (v) work with public and private landowners, heritage organizations, and volunteer
5753 groups to help maintain, repair, and landscape around the markers and monuments; and
5754 (vi) make the inventory available upon request to all other public and private history
5755 and heritage organizations, tourism organizations and businesses, and others;
5756 (b) (i) create and maintain an inventory of all active and inactive cemeteries throughout
5757 the state;
5758 (ii) enter into cooperative agreements with local governments and other groups and
5759 organizations to collect and maintain the information needed for the inventory;
5760 (iii) encourage the use of volunteers to help collect the information and to maintain the
5761 inventory;
5762 (iv) encourage cemetery owners to create and maintain geographic information systems
5763 to record burial sites and encourage volunteers to do so for inactive and small historic
5764 cemeteries;
5765 (v) publicize the information in the inventory in a variety of forms and media,
5766 especially to encourage Utah citizens to participate in the care and upkeep of historic
5767 cemeteries;
5768 (vi) work with public and private cemeteries, heritage organizations, genealogical
5769 groups, and volunteer groups to help maintain, repair, and landscape cemeteries, grave sites,
5770 and tombstones; and
5771 (vii) make the inventory available upon request to all other public and private history
5772 and heritage organizations, tourism organizations and businesses, and others; and
5773 (c) (i) create and maintain a computerized record of cemeteries and burial locations in a
5774 state-coordinated and publicly accessible information system;
5775 (ii) gather information for the information system created and maintained under
5776 Subsection (3)(c)(i) by providing matching grants, upon approval by the board, to:
5777 (A) municipal cemeteries;
5778 (B) cemetery maintenance districts;
5779 (C) endowment care cemeteries;
5780 (D) private nonprofit cemeteries;
5781 (E) genealogical associations; and
5782 (F) other nonprofit groups with an interest in cemeteries; and
5783 (iii) adopt rules, pursuant to [
5784 Administrative Rulemaking Act, for granting matching funds under Subsection (3)(c)(ii) to
5785 assure that:
5786 (A) professional standards are met; and
5787 (B) projects are cost effective.
5788 (4) This chapter may not be construed to authorize the division to acquire by purchase
5789 any historical artifacts, documentary materials, or specimens that are restricted from sale by
5790 federal law or the laws of any state, territory, or foreign nation.
5791 Section 82. Section 9-8-305 is amended to read:
5792 9-8-305. Permit required to survey or excavate on state lands -- Public Lands
5793 Policy Coordinating Office to issue permits and make rules -- Ownership of collections
5794 and resources -- Revocation or suspension of permits -- Criminal penalties.
5795 (1) (a) Except as provided by Subsections (1)(d) and (3)(c), each principal investigator
5796 who wishes to survey or excavate on any lands owned or controlled by the state, its political
5797 subdivisions, or by the School and Institutional Trust Lands Administration shall obtain a
5798 survey or excavation permit from the Public Lands Policy Coordinating Office.
5799 (b) A principal investigator who holds a valid permit under this section may allow
5800 other individuals to assist the principal investigator in a survey or excavation if the principal
5801 investigator ensures that all the individuals comply with the law, the rules, the permit, and the
5802 appropriate professional standards.
5803 (c) A person, other than a principal investigator, may not survey or excavate on any
5804 lands owned or controlled by the state, its political subdivisions, or by the School and
5805 Institutional Trust Lands Administration unless the person works under the direction of a
5806 principal investigator who holds a valid permit.
5807 (d) A permit obtained before July 1, 2006 shall continue until the permit terminates on
5808 its own terms.
5809 (2) (a) To obtain a survey permit, a principal investigator shall:
5810 (i) submit a permit application on a form furnished by the Public Lands Policy
5811 Coordinating Office;
5812 (ii) except as provided in Subsection (2)(b), possess a graduate degree in anthropology,
5813 archaeology, or history;
5814 (iii) have one year of full-time professional experience or equivalent specialized
5815 training in archaeological research, administration, or management; and
5816 (iv) have one year of supervised field and analytical experience in Utah prehistoric or
5817 historic archaeology.
5818 (b) In lieu of the graduate degree required by Subsection (2)(a)(ii), a principal
5819 investigator may submit evidence of training and experience equivalent to a graduate degree.
5820 (c) Unless the permit is revoked or suspended, a survey permit is valid for the time
5821 period specified in the permit by the Public Lands Policy Coordinating Office, which may not
5822 exceed three years.
5823 (3) (a) Except as provided by Subsection (3)(c), to obtain an excavation permit, a
5824 principal investigator shall, in addition to complying with Subsection (2)(a), submit:
5825 (i) a research design to the Public Lands Policy Coordinating Office and the Antiquities
5826 Section that:
5827 (A) states the questions to be addressed;
5828 (B) states the reasons for conducting the work;
5829 (C) defines the methods to be used;
5830 (D) describes the analysis to be performed;
5831 (E) outlines the expected results and the plan for reporting;
5832 (F) evaluates expected contributions of the proposed work to archaeological or
5833 anthropological science; and
5834 (G) estimates the cost and the time of the work that the principal investigator believes
5835 is necessary to provide the maximum amount of historic, scientific, archaeological,
5836 anthropological, and educational information; and
5837 (ii) proof of permission from the landowner to enter the property for the purposes of
5838 the permit.
5839 (b) An excavation permit is valid for the amount of time specified in the permit, unless
5840 the permit is revoked according to Subsection (9).
5841 (c) The Public Lands Policy Coordinating Office may delegate to an agency the
5842 authority to issue excavation permits if the agency:
5843 (i) requests the delegation; and
5844 (ii) employs or has a long-term contract with a principal investigator with a valid
5845 survey permit.
5846 (d) The Public Lands Policy Coordinating Office shall conduct an independent review
5847 of the delegation authorized by Subsection (3)(c) every three years and may revoke the
5848 delegation at any time without cause.
5849 (4) The Public Lands Policy Coordinating Office shall:
5850 (a) grant a survey permit to a principal investigator who meets the requirements of this
5851 section;
5852 (b) grant an excavation permit to a principal investigator after approving, in
5853 consultation with the Antiquities Section, the research design for the project; and
5854 (c) assemble a committee of qualified individuals to advise the Public Lands Policy
5855 Coordinating Office in its duties under this section.
5856 (5) By following the procedures and requirements of [
5857 Chapter 3, Utah Administrative Rulemaking Act, the Public Lands Policy Coordinating Office
5858 shall, after consulting with the Antiquities Section, make rules to:
5859 (a) establish survey methodology;
5860 (b) standardize report and data preparation and submission;
5861 (c) require other permit application information that the Public Lands Policy
5862 Coordinating Office finds necessary, including proof of consultation with the appropriate
5863 Native American tribe;
5864 (d) establish what training and experience is equivalent to a graduate degree;
5865 (e) establish requirements for a person authorized by Subsection (1)(b) to assist the
5866 principal investigator;
5867 (f) establish requirements for a principal investigator's employer, if applicable; and
5868 (g) establish criteria, that if met, would allow the Public Lands Policy Coordinating
5869 Office to reinstate a suspended permit.
5870 (6) Each principal investigator shall submit a summary report of the work for each
5871 project to the Antiquities Section in a form prescribed by a rule established under Subsection
5872 (5)(b), which shall include copies of all:
5873 (a) site forms;
5874 (b) data;
5875 (c) maps;
5876 (d) drawings;
5877 (e) photographs; and
5878 (f) descriptions of specimens.
5879 (7) (a) Except as provided in Subsection (7)(c), a person may not remove from Utah
5880 any specimen, site, or portion of any site from lands owned or controlled by the state or its
5881 political subdivisions, other than school and institutional trust lands, without permission from
5882 the Antiquities Section, and prior consultation with the landowner and any other agencies
5883 managing other interests in the land.
5884 (b) Except as provided in Subsection (7)(c), a person may not remove from Utah any
5885 specimen, site, or portion of any site from school and institutional trust lands without
5886 permission from the School and Institutional Trust Lands Administration, granted after
5887 consultation with the Antiquities Section.
5888 (c) If a specimen, site, or portion of a site is placed in a repository or curation facility, a
5889 person may remove it by following the procedures established by the repository or curation
5890 facility.
5891 (8) (a) Collections recovered from school and institutional trust lands are owned by the
5892 respective trust.
5893 (b) Collections recovered from lands owned or controlled by the state or its
5894 subdivisions, other than school and institutional trust lands, are owned by the state.
5895 (c) Within a reasonable time after the completion of fieldwork, each permit holder
5896 shall deposit all collections at the museum, a curation facility, or a repository.
5897 (d) The repository or curation facility for collections from lands owned or controlled by
5898 the state or its subdivisions shall be designated according to the rules made under the authority
5899 of Section 53B-17-603 .
5900 (9) (a) Upon complaint by an agency, the Public Lands Policy Coordinating Office
5901 shall investigate a principal investigator and the work conducted under a permit.
5902 (b) By following the procedures and requirements of [
5903 Chapter 4, Administrative Procedures Act, the Public Lands Policy Coordinating Office may
5904 revoke or suspend a permit if the principal investigator fails to conduct a survey or excavation
5905 according to law, the rules enacted by the Public Lands Policy Coordinating Office, or permit
5906 provisions.
5907 (10) (a) Any person violating this section is guilty of a class B misdemeanor.
5908 (b) A person convicted of violating this section, or found to have violated the rules
5909 authorized by this section, shall, in addition to any other penalties imposed, forfeit all
5910 archaeological resources discovered by or through the person's efforts to the state or the
5911 respective trust.
5912 (11) The division may enter into memoranda of agreement to issue project numbers or
5913 to retain other data for federal lands or Native American lands within the state.
5914 Section 83. Section 9-8-309 is amended to read:
5915 9-8-309. Ancient human remains on nonfederal lands that are not state lands.
5916 (1) (a) After April 30, 2007, if a person knows or has reason to know that the person
5917 discovered ancient human remains on nonfederal land that is not state land:
5918 (i) the person shall:
5919 (A) cease activity in the area of the discovery until activity may be resumed in
5920 accordance with Subsection (1)(d);
5921 (B) notify a local law enforcement agency in accordance with Section 76-9-704 ; and
5922 (C) notify the person who owns or controls the nonfederal land, if that person is
5923 different than the person who discovers the ancient human remains; and
5924 (ii) the person who owns or controls the nonfederal land shall:
5925 (A) require that activity in the area of the discovery cease until activity may be resumed
5926 in accordance with Subsection (1)(d); and
5927 (B) make a reasonable effort to protect the discovered ancient human remains before
5928 activity may be resumed in accordance with Subsection (1)(d).
5929 (b) (i) If the local law enforcement agency believes after being notified under this
5930 Subsection (1) that a person may have discovered ancient human remains, the local law
5931 enforcement agency shall contact the Antiquities Section.
5932 (ii) The Antiquities Section shall:
5933 (A) within two business days of the day on which the Antiquities Section is notified by
5934 local law enforcement, notify the landowner that the Antiquities Section may excavate and
5935 retrieve the human remains with the landowner's permission; and
5936 (B) if the landowner gives the landowner's permission, excavate the human remains by
5937 no later than:
5938 (I) five business days from the day on which the Antiquities Section obtains the
5939 permission of the landowner under this Subsection (1); or
5940 (II) if extraordinary circumstances exist as provided in Subsection (1)(c), within the
5941 time period designated by the director not to exceed 30 days from the day on which the
5942 Antiquities Section obtains the permission of the landowner under this Subsection (1).
5943 (c) (i) The director may grant the Antiquities Section an extension of time for
5944 excavation and retrieval of ancient human remains not to exceed 30 days from the day on
5945 which the Antiquities Section obtains the permission of the landowner under this Subsection
5946 (1), if the director determines that extraordinary circumstances exist on the basis of objective
5947 criteria such as:
5948 (A) the unusual scope of the ancient human remains;
5949 (B) the complexity or difficulty of excavation or retrieval of the ancient human
5950 remains; or
5951 (C) the landowner's concerns related to the excavation or retrieval of the ancient human
5952 remains.
5953 (ii) If the landowner objects to the time period designated by the director, the
5954 landowner may appeal the decision to the executive director of the department in writing.
5955 (iii) If the executive director receives an appeal from the landowner under this
5956 Subsection (1)(c), the executive director shall:
5957 (A) decide on the appeal within two business days; and
5958 (B) (I) uphold the decision of the director; or
5959 (II) designate a shorter time period than the director designated for the excavation and
5960 retrieval of the ancient human remains.
5961 (iv) An appeal under this Subsection (1)(c) may not be the cause for the delay of the
5962 excavation and retrieval of the ancient human remains.
5963 (v) A decision and appeal under this Subsection (1)(c) is exempt from [
5964
5965 (d) A person that owns or controls nonfederal land that is not state land may engage in
5966 or permit others to engage in activities in the area of the discovery without violating this part or
5967 Section 76-9-704 if once notified of the discovery of ancient human remains on the nonfederal
5968 land, the person:
5969 (i) consents to the Antiquities Section excavating and retrieving the ancient human
5970 remains; and
5971 (ii) engages in or permits others to engage in activities in the area of the discovery only
5972 after:
5973 (A) the day on which the Antiquities Section removes the ancient human remains from
5974 the nonfederal land; or
5975 (B) the time period described in Subsection (1)(b)(ii)(B).
5976 (2) A person that owns or controls nonfederal land that is not state land may not be
5977 required to pay any costs incurred by the state associated with the ancient human remains,
5978 including costs associated with the costs of the:
5979 (a) discovery of ancient human remains;
5980 (b) excavation or retrieval of ancient human remains; or
5981 (c) determination of ownership or disposition of ancient human remains.
5982 (3) For nonfederal land that is not state land, nothing in this section limits or prohibits
5983 the Antiquities Section and a person who owns or controls the nonfederal land from entering
5984 into an agreement addressing the ancient human remains that allows for different terms than
5985 those provided in this section.
5986 (4) The ownership and control of ancient human remains that are the ancient human
5987 remains of a Native American shall be determined in accordance with Chapter 9, Part 4, Native
5988 American Grave Protection and Repatriation Act:
5989 (a) if the ancient human remains are in possession of the state;
5990 (b) if the ancient human remains are not known to have been discovered on lands
5991 owned, controlled, or held in trust by the federal government; and
5992 (c) regardless of when the ancient human remains are discovered.
5993 (5) This section:
5994 (a) does not apply to ancient human remains that are subject to the provisions and
5995 procedures of:
5996 (i) federal law; or
5997 (ii) Part 4, Historic Sites; and
5998 (b) does not modify any property rights of a person that owns or controls nonfederal
5999 land except as to the ownership of the ancient human remains.
6000 (6) The division, Antiquities Section, or Division of Indian Affairs may not make rules
6001 that impose any requirement on a person who discovers ancient human remains or who owns or
6002 controls nonfederal land that is not state land on which ancient human remains are discovered
6003 that is not expressly provided for in this section.
6004 Section 84. Section 9-8-405 is amended to read:
6005 9-8-405. Federal funds -- Agreements on standards and procedures.
6006 By following the procedures and requirements of [
6007 Chapter 5, Federal Funds Procedures, the division may accept and administer federal funds
6008 provided under the provisions of the National Historic Preservation Act of 1966, the Land and
6009 Water Conservation Act as amended, and subsequent legislation directed toward the
6010 encouragement of historic preservation, and to enter into those agreements on professional
6011 standards and procedures required by participation in the National Historic Preservation Act of
6012 1966 and the National Register Office.
6013 Section 85. Section 9-8-704 is amended to read:
6014 9-8-704. Division duties.
6015 The division shall, according to policy established by the board:
6016 (1) allocate monies from the state fund to the endowment fund created by a qualifying
6017 organization under Section 9-8-703 ;
6018 (2) determine the eligibility of each qualifying organization to receive monies from the
6019 state fund into the endowment fund of the qualifying organization;
6020 (3) determine the matching amount each qualifying organization must raise in order to
6021 qualify to receive monies from the state fund;
6022 (4) establish a date by which each qualifying organization must provide its matching
6023 funds;
6024 (5) verify that matching funds have been provided by each qualifying organization by
6025 the date determined in Subsection (4); and
6026 (6) in accordance with [
6027 Administrative Rulemaking Act, establish criteria by rule not otherwise prescribed in this
6028 chapter for determining the eligibility of qualifying organizations to receive monies from the
6029 state fund.
6030 Section 86. Section 9-9-104 is amended to read:
6031 9-9-104. Duties and powers.
6032 (1) The division shall:
6033 (a) have all of the functions, powers, duties, rights, and responsibilities granted to it by
6034 this chapter;
6035 (b) staff those committees or boards as specified in this chapter; and
6036 (c) in accordance with policies set by state government, coordinate relations between:
6037 (i) the state;
6038 (ii) tribal governments;
6039 (iii) other Indian groups; and
6040 (iv) federal agencies.
6041 (2) The division may:
6042 (a) contract with public and private entities to provide services or facilities;
6043 (b) acquire and hold funds or other property for the administration of the programs
6044 outlined in this chapter;
6045 (c) make rules in accordance with [
6046 Administrative Rulemaking Act, that are necessary to carry out the duties of the division;
6047 (d) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of
6048 Indians; and
6049 (e) apply or dispose of those gifts, grants, devises, and property received under
6050 Subsection (2)(d) for the use and benefit of Indians within the state.
6051 Section 87. Section 9-10-105 is amended to read:
6052 9-10-105. Powers.
6053 (1) The board may:
6054 (a) appoint a hearing examiner or administrative law judge with authority to conduct
6055 any hearings, make determinations, and enter appropriate findings of facts, conclusions of law,
6056 and orders under authority of the Interlocal Cooperation Act; and
6057 (b) make rules under [
6058 Rulemaking Act, if necessary to perform its responsibilities.
6059 (2) The board shall:
6060 (a) be subject to the procedures and requirements under Title 52, Chapter 4, Open and
6061 Public Meetings Act; and
6062 (b) be subject to the procedures and requirements under Title 51, Chapter 7, State
6063 Money Management Act.
6064 Section 88. Section 9-11-102 is amended to read:
6065 9-11-102. Definitions.
6066 As used in this chapter:
6067 (1) "Board" means the Navajo Revitalization Fund Board.
6068 (2) "Capital projects" means expenditures for land, improvements on the land, and
6069 equipment intended to have long-term beneficial use.
6070 (3) "Division" means the Division of Housing and Community Development.
6071 (4) "Eligible entities" means:
6072 (a) the Navajo Nation;
6073 (b) a department or division of the Navajo Nation;
6074 (c) a Utah Navajo Chapter, as defined in Section [
6075 (d) the Navajo Utah Commission;
6076 (e) an agency of the state or a political subdivision of the state;
6077 (f) the Navajo Trust Fund established under [
6078 Part 5, Navajo Trust Fund; or
6079 (g) a nonprofit corporation.
6080 (5) "Navajo Utah Commission" means the commission created by Resolution
6081 IGRJN-134-92 of the Intergovernmental Relations Committee of the Navajo Nation Council.
6082 (6) "Revitalization fund" or "fund" means the Navajo Revitalization Fund.
6083 Section 89. Section 9-11-105 is amended to read:
6084 9-11-105. Navajo Revitalization Fund Board created -- Members -- Terms --
6085 Chair -- Expenses.
6086 (1) There is created within the division the Navajo Revitalization Board composed of
6087 five members as follows:
6088 (a) the governor or the governor's designee;
6089 (b) the two members of the San Juan County commission whose districts include
6090 portions of the Navajo Reservation;
6091 (c) the chair of the Navajo Utah Commission or a member of the commission
6092 designated by the chair; and
6093 (d) the chair of the Utah Dineh Committee, as created in Section [
6094 51-9-507 , or a member of the committee designated by the chair.
6095 (2) The terms of office for the members of the board shall run concurrently with the
6096 terms of office for the governor, county commissioners, member of the Navajo Utah
6097 Commission, and member of the Utah Dineh Committee.
6098 (3) The governor, or the governor's designee, shall be the chair of the board and the
6099 chair is responsible to call necessary meetings.
6100 (4) (a) (i) Members who are not government employees of the state or local government
6101 shall receive no compensation or benefits for their services, but may receive per diem and
6102 expenses incurred in the performance of the member's official duties at the rates established by
6103 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
6104 (ii) Members may decline to receive per diem and expenses for their service.
6105 (b) (i) State government officer and employee members who do not receive salary, per
6106 diem, or expenses from their agency for their service may receive per diem and expenses
6107 incurred in the performance of their official duties from the board at the rates established by the
6108 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
6109 (ii) State government officer and employee members may decline to receive per diem
6110 and expenses for their service.
6111 (c) (i) Local government members who do not receive salary, per diem, or expenses
6112 from the entity that they represent for their service may receive per diem and expenses incurred
6113 in the performance of their official duties at the rates established by the Division of Finance
6114 under Sections 63A-3-106 and 63A-3-107 .
6115 (ii) Local government members may decline to receive per diem and expenses for their
6116 service.
6117 (d) The per diem and expenses permitted under this Subsection (4) may be included as
6118 costs of administration of the fund.
6119 (5) Four board members are a quorum.
6120 (6) Any board decisions related to monies in or disbursed from the fund requires the
6121 affirmative vote of each member of the board present at a meeting when a quorum is present.
6122 Section 90. Section 9-11-106 is amended to read:
6123 9-11-106. Powers -- Duties.
6124 (1) The board shall:
6125 (a) direct the division regarding grants and loans from the revitalization fund to eligible
6126 entities to serve persons that are or may be socially or economically impacted, directly or
6127 indirectly, by mineral resource development;
6128 (b) establish procedures for application for an award of grants and loans including
6129 eligibility criteria;
6130 (c) coordinate projects and programs with other projects and programs funded by
6131 federal, state, and local government entities;
6132 (d) determine the order in which projects will be funded; and
6133 (e) be subject to the procedures and requirements under Title 52, Chapter 4, Open and
6134 Public Meetings Act.
6135 (2) The board may:
6136 (a) qualify for, accept, and administer grants, gifts, loans, or other funds from the
6137 federal government and from other sources, public or private; and
6138 (b) make rules under [
6139 Rulemaking Act, if necessary to perform its responsibilities.
6140 Section 91. Section 9-11-107 is amended to read:
6141 9-11-107. Revitalization fund administered by board -- Eligibility for assistance --
6142 Review by board -- Restrictions on loans and grants -- Division to distribute monies.
6143 (1) (a) If an eligible entity wishes to receive a loan or grant from the board, the eligible
6144 entity shall apply to the board. The application shall contain the information required by the
6145 board.
6146 (b) The board shall review each application for a loan or grant before approving the
6147 loan or grant.
6148 (c) The board may approve loan or grant applications subject to the applicant's
6149 compliance with certain conditions established by the board.
6150 (2) In determining whether an eligible entity may receive a loan or grant, the board
6151 shall give priority to:
6152 (a) capital projects and infrastructure, including electrical power, water, and other one
6153 time need projects;
6154 (b) housing projects that consist of:
6155 (i) the purchase of new housing;
6156 (ii) the construction of new housing; or
6157 (iii) a significant remodeling of existing housing; or
6158 (c) matching educational endowments that:
6159 (i) promote economic development within the Utah portion of the Navajo Reservation;
6160 (ii) promote the preservation of Navajo culture, history, and language; or
6161 (iii) support postsecondary educational opportunities for Navajo students enrolled in
6162 courses or programs taught within the Utah portion of the Navajo Reservation.
6163 (3) A loan or grant issued under this chapter may not fund:
6164 (a) start-up or operational costs of private business ventures;
6165 (b) general operating budgets of the eligible entities; or
6166 (c) a project or program that will operate or be located outside of the Navajo
6167 Reservation in San Juan County, Utah, except for educational endowments approved by the
6168 board under Subsection (2)(c).
6169 (4) (a) The board may not approve a loan unless the loan:
6170 (i) specifies the terms for repayment; and
6171 (ii) is secured by proceeds from a general obligation, special assessment, or revenue
6172 bond, note, or other obligation.
6173 (b) Any loan repayment or interest on a loan issued under this chapter shall be
6174 deposited into the fund.
6175 (5) The board may not approve a loan or grant unless the loan or grant provides for
6176 matching monies or in-kind services from:
6177 (a) the Navajo Nation;
6178 (b) the Navajo Trust Fund;
6179 (c) San Juan County;
6180 (d) the state;
6181 (e) the federal government;
6182 (f) a Utah Navajo Chapter, as defined in Section [
6183 (g) other private or public organization.
6184 (6) The division shall distribute loan and grant monies:
6185 (a) if the loan or grant is approved by the board;
6186 (b) in accordance with the instructions of the board, except that the board may not
6187 instruct that monies be distributed in a manner:
6188 (i) inconsistent with this chapter; or
6189 (ii) in violation of rules and procedures of the department; and
6190 (c) in the case of a loan, in accordance with Section 63A-3-205 .
6191 Section 92. Section 9-12-103 is amended to read:
6192 9-12-103. Eligibility criteria.
6193 In accordance with [
6194 Rulemaking Act, the department may make rules establishing eligibility criteria for recipients
6195 of assistance under this chapter. A recipient of assistance under this chapter must demonstrate:
6196 (1) that the recipient's family, household, or individual income is 150% of the federal
6197 poverty level or less;
6198 (2) that the recipient is responsible for paying the recipient's home energy costs; and
6199 (3) compliance with any rules established by the department under this section.
6200 Section 93. Section 9-12-105 is amended to read:
6201 9-12-105. Payment method.
6202 Direct payments for home energy costs shall be made jointly to the responsible
6203 householder and to the vendor of energy services to whom the family or individual served owes
6204 a payment except in certain cases, as established by rule by the department in accordance with
6205 [
6206 payments may be made directly to the responsible householder.
6207 Section 94. Section 10-1-306 is amended to read:
6208 10-1-306. Rules for delivered value and point of sale.
6209 (1) The delivered value of taxable energy under this part shall be established pursuant
6210 to rules made by the commission in accordance with [
6211 3, Utah Administrative Rulemaking Act.
6212 (2) The rules made by the commission under Subsection (1):
6213 (a) shall provide that an arm's length sales price for taxable energy sold or used by a
6214 taxpayer in the municipality is the delivered value, unless the sales price does not include some
6215 portion of the taxable energy or component of delivered value;
6216 (b) shall establish one or more default methods for determining the delivered value for
6217 each customer class one time per calendar year on or before January 31 for taxable energy
6218 when the commission determines that the sales price does not accurately reflect delivered
6219 value; and
6220 (c) shall provide that for purposes of determining the point of sale or use of taxable
6221 energy the location of the meter is normally the point of sale or use unless the taxpayer
6222 demonstrates that the use is not in a municipality imposing the municipal energy sales and use
6223 tax.
6224 (3) In establishing a default method under Subsection (2)(b), the commission:
6225 (a) shall take into account quantity discounts and other reductions or increases in value
6226 that are generally available in the marketplace for various grades or types of property and
6227 classes of services; and
6228 (b) may consider:
6229 (i) generally applicable tariffs for various classes of utility services approved by the
6230 Public Service Commission or other governmental entity;
6231 (ii) posted prices;
6232 (iii) spot-market prices;
6233 (iv) trade publications;
6234 (v) market data; and
6235 (vi) other information and data prescribed by the commission.
6236 Section 95. Section 10-1-308 is amended to read:
6237 10-1-308. Report of tax collections -- Allocation when location of taxpayer cannot
6238 be accurately determined.
6239 (1) All municipal energy sales and use taxes collected under this part shall be reported
6240 to the commission on forms that accurately identify the municipality where the taxpayer is
6241 located.
6242 (2) The commission shall make rules, in accordance with [
6243 63G, Chapter 3, Utah Administrative Rulemaking Act, to proportionally distribute all taxes
6244 collected if the municipality where the taxpayer is located cannot be accurately determined.
6245 Section 96. Section 10-1-405 is amended to read:
6246 10-1-405. Collection of taxes by commission -- Uniform interlocal agreement --
6247 Rulemaking authority -- Charge for services.
6248 (1) Subject to the other provisions of this section, the commission shall collect,
6249 enforce, and administer any municipal telecommunications license tax imposed under this part
6250 pursuant to:
6251 (a) the same procedures used in the administration, collection, and enforcement of the
6252 state sales and use tax under:
6253 (i) Title 59, Chapter 1, General Taxation Policies; and
6254 (ii) Title 59, Chapter 12, Part 1, Tax Collection:
6255 (A) except for:
6256 (I) Subsection 59-12-103 (2)(h);
6257 (II) Section 59-12-104 ;
6258 (III) Section 59-12-104.1 ;
6259 (IV) Section 59-12-104.2 ; and
6260 (V) Section 59-12-107.1 ; and
6261 (B) except that for purposes of Section 59-12-110 , the term "taxpayer" may include a
6262 customer from whom a municipal telecommunications license tax is recovered in accordance
6263 with Subsection 10-1-403 (2); and
6264 (b) a uniform interlocal agreement:
6265 (i) between:
6266 (A) the municipality that imposes the municipal telecommunications license tax; and
6267 (B) the commission;
6268 (ii) that is executed under Title 11, Chapter 13, Interlocal Cooperation Act;
6269 (iii) that complies with Subsection (2)(a); and
6270 (iv) that is developed by rule in accordance with Subsection (2)(b).
6271 (2) (a) The uniform interlocal agreement described in Subsection (1) shall provide that
6272 the commission shall:
6273 (i) transmit monies collected under this part:
6274 (A) monthly; and
6275 (B) by electronic funds transfer by the commission to the municipality;
6276 (ii) conduct audits of the municipal telecommunications license tax;
6277 (iii) charge the municipality for the commission's services under this section in an
6278 amount:
6279 (A) sufficient to reimburse the commission for the cost to the commission in rendering
6280 the services; and
6281 (B) that may not exceed an amount equal to 1.5% of the municipal telecommunications
6282 license tax imposed by the ordinance of the municipality; and
6283 (iv) collect, enforce, and administer the municipal telecommunications license tax
6284 authorized under this part pursuant to the same procedures used in the administration,
6285 collection, and enforcement of the state sales and use tax as provided in Subsection (1)(a).
6286 (b) In accordance with [
6287 Administrative Rulemaking Act, the commission shall develop a uniform interlocal agreement
6288 that meets the requirements of this section.
6289 (3) The administrative fee charged under Subsection (2)(a) shall be:
6290 (a) deposited in the Sales and Use Tax Administrative Fees Account; and
6291 (b) used for administration of municipal telecommunications license taxes under this
6292 part.
6293 (4) If, on July 1, 2007, a municipality has in effect an ordinance that levies a municipal
6294 telecommunications license tax under this part at a rate that exceeds 3.5%:
6295 (a) except as provided in Subsection (4)(b), beginning on July 1, 2007, the commission
6296 shall collect the municipal telecommunications license tax:
6297 (i) within the municipality;
6298 (ii) at a rate of 3.5%; and
6299 (iii) from a telecommunications provider required to pay the municipal
6300 telecommunications license tax on or after July 1, 2007; and
6301 (b) the commission shall collect a municipal telecommunications license tax within the
6302 municipality at the rate imposed by the municipality if:
6303 (i) after July 1, 2007, the municipality has in effect an ordinance that levies a municipal
6304 telecommunications license tax under this part at a rate of up to 3.5%;
6305 (ii) the municipality meets the requirements of Subsection 10-1-403 (3)(b) in changing
6306 the rate of the municipal telecommunications license tax; and
6307 (iii) a telecommunications provider is required to pay the municipal
6308 telecommunications license tax on or after the day on which the ordinance described in
6309 Subsection (4)(b)(ii) takes effect.
6310 Section 97. Section 10-3-208 is amended to read:
6311 10-3-208. Campaign finance statement in municipal election.
6312 (1) As used in this section:
6313 (a) "Reporting date" means:
6314 (i) ten days before a municipal general election, for a campaign finance statement
6315 required to be filed no later than seven days before a municipal general election; and
6316 (ii) the day of filing, for a campaign finance statement required to be filed no later than
6317 30 days after a municipal primary or general election.
6318 (b) "Reporting limit" means:
6319 (i) $50; or
6320 (ii) an amount lower than $50 that is specified in an ordinance of the municipality.
6321 (2) (a) (i) Each candidate for municipal office who is not eliminated at a municipal
6322 primary election shall file with the municipal clerk or recorder a campaign finance statement:
6323 (A) no later than seven days before the date of the municipal general election; and
6324 (B) no later than 30 days after the date of the municipal general election.
6325 (ii) Each candidate for municipal office who is eliminated at a municipal primary
6326 election shall file with the municipal clerk or recorder a campaign finance statement no later
6327 than 30 days after the date of the municipal primary election.
6328 (b) Each campaign finance statement under Subsection (2)(a) shall:
6329 (i) except as provided in Subsection (2)(b)(ii):
6330 (A) report all of the candidate's itemized and total:
6331 (I) campaign contributions, including in-kind and other nonmonetary contributions,
6332 received before the close of the reporting date; and
6333 (II) campaign expenditures made through the close of the reporting date; and
6334 (B) identify:
6335 (I) for each contribution that exceeds the reporting limit, the amount of the contribution
6336 and the name of the donor;
6337 (II) the aggregate total of all contributions that individually do not exceed the reporting
6338 limit; and
6339 (III) for each campaign expenditure, the amount of the expenditure and the name of the
6340 recipient of the expenditure; or
6341 (ii) report the total amount of all campaign contributions and expenditures if the
6342 candidate receives $500 or less in campaign contributions and spends $500 or less on the
6343 candidate's campaign.
6344 (3) (a) A municipality may, by ordinance:
6345 (i) provide a reporting limit lower than $50;
6346 (ii) require greater disclosure of campaign contributions and expenditures than is
6347 required in this section; and
6348 (iii) impose additional penalties on candidates who fail to comply with the applicable
6349 requirements beyond those imposed by this section.
6350 (b) A candidate for municipal office is subject to the provisions of this section and not
6351 the provisions of an ordinance adopted by the municipality under Subsection (3)(a) if:
6352 (i) the municipal ordinance establishes requirements or penalties that differ from those
6353 established in this section; and
6354 (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
6355 ordinance as required in Subsection (4).
6356 (4) Each municipal clerk or recorder shall, at the time the candidate for municipal
6357 office files a declaration of candidacy, and again 14 days before each municipal general
6358 election, notify the candidate in writing of:
6359 (a) the provisions of statute or municipal ordinance governing the disclosure of
6360 campaign contributions and expenditures;
6361 (b) the dates when the candidate's campaign finance statement is required to be filed;
6362 and
6363 (c) the penalties that apply for failure to file a timely campaign finance statement,
6364 including the statutory provision that requires removal of the candidate's name from the ballot
6365 for failure to file the required campaign finance statement when required.
6366 (5) Notwithstanding any provision of [
6367 Government Records Access and Management Act, the municipal clerk or recorder shall make
6368 each campaign finance statement filed by a candidate available for public inspection and
6369 copying no later than one business day after the statement is filed.
6370 (6) (a) If a candidate fails to file a campaign finance statement before the municipal
6371 general election by the deadline specified in Subsection (2)(a)(i)(A), the municipal clerk or
6372 recorder shall inform the appropriate election official who:
6373 (i) shall:
6374 (A) if practicable, remove the candidate's name from the ballot by blacking out the
6375 candidate's name before the ballots are delivered to voters; or
6376 (B) if removing the candidate's name from the ballot is not practicable, inform the
6377 voters by any practicable method that the candidate has been disqualified and that votes cast for
6378 the candidate will not be counted; and
6379 (ii) may not count any votes for that candidate.
6380 (b) Notwithstanding Subsection (6)(a), a candidate who files a campaign finance
6381 statement seven days before a municipal general election is not disqualified if:
6382 (i) the statement details accurately and completely the information required under
6383 Subsection (2)(b), except for inadvertent omissions or insignificant errors or inaccuracies; and
6384 (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
6385 next scheduled report.
6386 (7) A campaign finance statement required under this section is considered filed if it is
6387 received in the municipal clerk or recorder's office by 5 p.m. on the date that is it due.
6388 (8) (a) A private party in interest may bring a civil action in district court to enforce the
6389 provisions of this section or an ordinance adopted under this section.
6390 (b) In a civil action under Subsection (8)(a), the court may award costs and attorney's
6391 fees to the prevailing party.
6392 Section 98. Section 10-3-1303 is amended to read:
6393 10-3-1303. Definitions.
6394 As used in this part:
6395 (1) "Appointed officer" means any person appointed to any statutory office or position
6396 or any other person appointed to any position of employment with a city or with a community
6397 development and renewal agency under Title 17C, Limited Purpose Local Government Entities
6398 - Community Development and Renewal Agencies. Appointed officers include, but are not
6399 limited to, persons serving on special, regular, or full-time committees, agencies, or boards
6400 whether or not such persons are compensated for their services. The use of the word "officer"
6401 in this part is not intended to make appointed persons or employees "officers" of the
6402 municipality.
6403 (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
6404 aid, advise, furnish information to, or otherwise provide assistance to a person or business
6405 entity, believing that such action is of help, aid, advice, or assistance to such person or business
6406 entity and with the intent to assist such person or business entity.
6407 (3) "Business entity" means a sole proprietorship, partnership, association, joint
6408 venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
6409 a business.
6410 (4) "Compensation" means anything of economic value, however designated, which is
6411 paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone
6412 other than the governmental employer for or in consideration of personal services, materials,
6413 property, or any other thing whatsoever.
6414 (5) "Elected officer" means any person elected or appointed to the office of mayor,
6415 commissioner, or council member.
6416 (6) "Improper disclosure" means disclosure of private, controlled, or protected
6417 information to any person who does not have both the right and the need to receive the
6418 information.
6419 (7) "Municipal employee" means a person who is not an elected or appointed officer
6420 who is employed on a full or part-time basis by a municipality or by a community development
6421 and renewal agency under Title 17C, Limited Purpose Local Government Entities - Community
6422 Development and Renewal Agencies.
6423 (8) "Private, controlled, or protected information" means information classified as
6424 private, controlled, or protected under [
6425 Records Access and Management Act or other applicable provision of law.
6426 (9) "Substantial interest" means the ownership, either legally or equitably, by an
6427 individual, [
6428 of the outstanding shares of a corporation or 10% interest in any other business entity.
6429 Section 99. Section 10-3-1304 is amended to read:
6430 10-3-1304. Use of office for personal benefit prohibited.
6431 (1) As used in this section, "economic benefit tantamount to a gift" includes:
6432 (a) a loan at an interest rate that is substantially lower than the commercial rate then
6433 currently prevalent for similar loans; and
6434 (b) compensation received for private services rendered at a rate substantially
6435 exceeding the fair market value of the services.
6436 (2) It is an offense for an elected or appointed officer or municipal employee, under
6437 circumstances not amounting to a violation of Section [
6438 to:
6439 (a) disclose or improperly use private, controlled, or protected information acquired by
6440 reason of [
6441 order to further substantially the officer's or employee's personal economic interest or to secure
6442 special privileges or exemptions for [
6443 (b) use or attempt to use [
6444 (i) further substantially the officer's or employee's personal economic interest; or
6445 (ii) secure special privileges for [
6446 (c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for [
6447 the officer or employee or for another, a gift of substantial value or a substantial economic
6448 benefit tantamount to a gift that:
6449 (i) would tend improperly to influence a reasonable person in the person's position to
6450 depart from the faithful and impartial discharge of the person's public duties; or
6451 (ii) the person knows or that a reasonable person in that position should know under
6452 the circumstances is primarily for the purpose of rewarding the person for official action taken.
6453 (3) Subsection (2)(c) does not apply to:
6454 (a) an occasional nonpecuniary gift having a value of less than $50;
6455 (b) an award publicly presented in recognition of public services;
6456 (c) any bona fide loan made in the ordinary course of business; or
6457 (d) a political campaign contribution.
6458 Section 100. Section 10-3-1305 is amended to read:
6459 10-3-1305. Compensation for assistance in transaction involving municipality --
6460 Public disclosure and filing required.
6461 (1) As used in this section, "municipal body" means any public board, commission,
6462 committee, or other public group organized to make public policy decisions or to advise
6463 persons who make public policy decisions.
6464 (2) It is an offense for an elected officer, or appointed officer, who is a member of a
6465 public body, under circumstances not amounting to a violation of Section [
6466 63G-6-1001 or 76-8-105 , to receive or agree to receive compensation for assisting any person
6467 or business entity in any transaction involving the municipality in which [
6468 officer unless [
6469 (a) files with the mayor a sworn statement giving the information required by this
6470 section; and
6471 (b) discloses the information required by Subsection (5) in an open meeting to the
6472 members of the body of which [
6473 (3) It is an offense for an appointed officer who is not a member of a public body or a
6474 municipal employee to receive or agree to receive compensation for assisting any person or
6475 business entity in any transaction involving the municipality by which [
6476 employed unless the officer or employee:
6477 (a) files with the mayor a sworn statement giving the information required by this
6478 section; and
6479 (b) discloses the information required by Subsection (5) to:
6480 (i) [
6481 (ii) any other municipal officer or employee who may rely upon the employee's
6482 representations in evaluating or approving the transaction.
6483 (4) (a) The officer or employee shall file the statement required to be filed by this
6484 section ten days before the date of any agreement between the elected or appointed officer or
6485 municipal employee and the person or business entity being assisted or ten days before the
6486 receipt of compensation by the officer or employee, whichever is earlier.
6487 (b) The statement is public information and shall be available for examination by the
6488 public.
6489 (5) The statement and disclosure shall contain:
6490 (a) the name and address of the officer or municipal employee;
6491 (b) the name and address of the person or business entity being or to be assisted or in
6492 which the appointed or elected official or municipal employee has a substantial interest; and
6493 (c) a brief description of the transaction as to which service is rendered or is to be
6494 rendered and of the nature of the service performed or to be performed.
6495 Section 101. Section 10-7-86 is amended to read:
6496 10-7-86. Municipality may adopt Utah Procurement Code -- Hiring of
6497 professional architect, engineer, or surveyor.
6498 (1) The governing body of any municipality may adopt any or all of the provisions of
6499 [
6500 pursuant to that code.
6501 (2) Notwithstanding Subsection (1), the governing body of each municipality that
6502 engages the services of a professional architect, engineer, or surveyor and considers more than
6503 one such professional for the engagement:
6504 (a) shall consider, as a minimum, in the selection process:
6505 (i) the qualifications, experience, and background of each firm submitting a proposal;
6506 (ii) the specific individuals assigned to the project and the time commitments of each
6507 to the project; and
6508 (iii) the project schedule and the approach to the project that the firm will take; and
6509 (b) may engage the services of a professional architect, engineer, or surveyor based on
6510 the criteria under Subsection (2)(a) rather than solely on lowest cost.
6511 Section 102. Section 10-7-87 is amended to read:
6512 10-7-87. Procurement -- Use of recycled goods.
6513 The procurement officer or other person responsible for purchasing supplies for each
6514 municipality shall:
6515 (1) maintain for reference a copy of the current listing of recycled items available on
6516 state contracts as issued by the chief procurement officer under Section [
6517 63G-6-204 ; and
6518 (2) give recycled items consideration when inviting bids and purchasing supplies, in
6519 compliance with Section 11-37-101 .
6520 Section 103. Section 10-8-2 is amended to read:
6521 10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
6522 authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
6523 (1) (a) A municipal legislative body may:
6524 (i) appropriate money for corporate purposes only;
6525 (ii) provide for payment of debts and expenses of the corporation;
6526 (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
6527 dispose of real and personal property for the benefit of the municipality, whether the property is
6528 within or without the municipality's corporate boundaries, if the action is in the public interest
6529 and complies with other law;
6530 (iv) improve, protect, and do any other thing in relation to this property that an
6531 individual could do; and
6532 (v) subject to Subsection (2) and after first holding a public hearing, authorize
6533 municipal services or other nonmonetary assistance to be provided to or waive fees required to
6534 be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
6535 (b) A municipality may:
6536 (i) furnish all necessary local public services within the municipality;
6537 (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
6538 located and operating within and operated by the municipality; and
6539 (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
6540 located inside or outside the corporate limits of the municipality and necessary for any of the
6541 purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78,
6542 Chapter 34, Eminent Domain, and general law for the protection of other communities.
6543 (c) Each municipality that intends to acquire property by eminent domain under
6544 Subsection (1)(b) shall, upon the first contact with the owner of the property sought to be
6545 acquired, deliver to the owner a copy of a booklet or other materials provided by the Office of
6546 the Property Rights Ombudsman, created under Section 13-43-201 , dealing with the property
6547 owner's rights in an eminent domain proceeding.
6548 (d) Subsection (1)(b) may not be construed to diminish any other authority a
6549 municipality may claim to have under the law to acquire by eminent domain property located
6550 inside or outside the municipality.
6551 (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
6552 the provisions of Subsection (3).
6553 (b) The total amount of services or other nonmonetary assistance provided or fees
6554 waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
6555 municipality's budget for that fiscal year.
6556 (3) It is considered a corporate purpose to appropriate money for any purpose that, in
6557 the judgment of the municipal legislative body, provides for the safety, health, prosperity,
6558 moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
6559 subject to the following:
6560 (a) The net value received for any money appropriated shall be measured on a
6561 project-by-project basis over the life of the project.
6562 (b) The criteria for a determination under this Subsection (3) shall be established by the
6563 municipality's legislative body. A determination of value received, made by the municipality's
6564 legislative body, shall be presumed valid unless it can be shown that the determination was
6565 arbitrary, capricious, or illegal.
6566 (c) The municipality may consider intangible benefits received by the municipality in
6567 determining net value received.
6568 (d) Prior to the municipal legislative body making any decision to appropriate any
6569 funds for a corporate purpose under this section, a public hearing shall be held. Notice of the
6570 hearing shall be published in a newspaper of general circulation at least 14 days prior to the
6571 date of the hearing, or, if there is no newspaper of general circulation, by posting notice in at
6572 least three conspicuous places within the municipality for the same time period.
6573 (e) A study shall be performed before notice of the public hearing is given and shall be
6574 made available at the municipality for review by interested parties at least 14 days immediately
6575 prior to the public hearing, setting forth an analysis and demonstrating the purpose for the
6576 appropriation. In making the study, the following factors shall be considered:
6577 (i) what identified benefit the municipality will receive in return for any money or
6578 resources appropriated;
6579 (ii) the municipality's purpose for the appropriation, including an analysis of the way
6580 the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
6581 peace, order, comfort, or convenience of the inhabitants of the municipality; and
6582 (iii) whether the appropriation is necessary and appropriate to accomplish the
6583 reasonable goals and objectives of the municipality in the area of economic development, job
6584 creation, affordable housing, blight elimination, job preservation, the preservation of historic
6585 structures and property, and any other public purpose.
6586 (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
6587 to make an appropriation.
6588 (ii) The appeal shall be filed within 30 days after the date of that decision, to the
6589 district court.
6590 (iii) Any appeal shall be based on the record of the proceedings before the legislative
6591 body.
6592 (iv) A decision of the municipal legislative body shall be presumed to be valid unless
6593 the appealing party shows that the decision was arbitrary, capricious, or illegal.
6594 (g) The provisions of this Subsection (3) apply only to those appropriations made after
6595 May 6, 2002.
6596 (h) This section applies only to appropriations not otherwise approved pursuant to Title
6597 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
6598 Fiscal Procedures Act for Utah Cities.
6599 (4) (a) Before a municipality may dispose of a significant parcel of real property, the
6600 municipality shall:
6601 (i) provide reasonable notice of the proposed disposition at least 14 days before the
6602 opportunity for public comment under Subsection (4)(a)(ii); and
6603 (ii) allow an opportunity for public comment on the proposed disposition.
6604 (b) Each municipality shall, by ordinance, define what constitutes:
6605 (i) a significant parcel of real property for purposes of Subsection (4)(a); and
6606 (ii) reasonable notice for purposes of Subsection (4)(a)(i).
6607 (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
6608 real property for the purpose of expanding the municipality's infrastructure or other facilities
6609 used for providing services that the municipality offers or intends to offer shall provide written
6610 notice, as provided in this Subsection (5), of its intent to acquire the property if:
6611 (i) the property is located:
6612 (A) outside the boundaries of the municipality; and
6613 (B) in a county of the first or second class; and
6614 (ii) the intended use of the property is contrary to:
6615 (A) the anticipated use of the property under the general plan of the county in whose
6616 unincorporated area or the municipality in whose boundaries the property is located; or
6617 (B) the property's current zoning designation.
6618 (b) Each notice under Subsection (5)(a) shall:
6619 (i) indicate that the municipality intends to acquire real property;
6620 (ii) identify the real property; and
6621 (iii) be sent to:
6622 (A) each county in whose unincorporated area and each municipality in whose
6623 boundaries the property is located; and
6624 (B) each affected entity.
6625 (c) A notice under this Subsection (5) is a protected record as provided in Subsection
6626 [
6627 (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
6628 previously provided notice under Section 10-9a-203 identifying the general location within the
6629 municipality or unincorporated part of the county where the property to be acquired is located.
6630 (ii) If a municipality is not required to comply with the notice requirement of
6631 Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
6632 the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
6633 property.
6634 Section 104. Section 10-8-58.5 is amended to read:
6635 10-8-58.5. Contracting for management, maintenance, operation, or construction
6636 of jails.
6637 (1) (a) The governing body of a city or town may contract with private contractors for
6638 management, maintenance, operation, and construction of city jails.
6639 (b) The governing body may include a provision in the contract that requires that any
6640 jail facility meet any federal, state, or local standards for the construction of jails.
6641 (2) If the governing body contracts only for the management, maintenance, or
6642 operation of a jail, the governing body shall include provisions in the contract that:
6643 (a) require the private contractor to post a performance bond in the amount set by the
6644 governing body;
6645 (b) establish training standards that must be met by jail personnel;
6646 (c) require the private contractor to provide and fund training for jail personnel so that
6647 the personnel meet the standards established in the contract and any other federal, state, or local
6648 standards for the operation of jails and the treatment of jail prisoners;
6649 (d) require the private contractor to indemnify the city or town for errors, omissions,
6650 defalcations, and other activities committed by the private contractor that result in liability to
6651 the city or town;
6652 (e) require the private contractor to show evidence of liability insurance protecting the
6653 city or town and its officers, employees, and agents from liability arising from the construction,
6654 operation, or maintenance of the jail, in an amount not less than those specified in [
6655
6656 (f) require the private contractor to:
6657 (i) receive all prisoners committed to the jail by competent authority; and
6658 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
6659 by the governing body; and
6660 (g) prohibit the use of inmates by the private contractor for private business purposes
6661 of any kind.
6662 (3) A contractual provision requiring the private contractor to maintain liability
6663 insurance in an amount not less than the liability limits established by [
6664 Title 63G, Chapter 7, Governmental Immunity Act of Utah, may not be construed as waiving
6665 the limitation on damages recoverable from a governmental entity or its employees established
6666 by that chapter.
6667 Section 105. Section 10-9a-203 is amended to read:
6668 10-9a-203. Notice of intent to prepare a general plan or comprehensive general
6669 plan amendments in certain municipalities.
6670 (1) Before preparing a proposed general plan or a comprehensive general plan
6671 amendment, each municipality within a county of the first or second class shall provide ten
6672 calendar days notice of its intent to prepare a proposed general plan or a comprehensive general
6673 plan amendment to:
6674 (a) each affected entity;
6675 (b) the Automated Geographic Reference Center created in Section 63F-1-506 ;
6676 (c) the association of governments, established pursuant to an interlocal agreement
6677 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
6678 and
6679 (d) the state planning coordinator appointed under Section [
6680 (2) Each notice under Subsection (1) shall:
6681 (a) indicate that the municipality intends to prepare a general plan or a comprehensive
6682 general plan amendment, as the case may be;
6683 (b) describe or provide a map of the geographic area that will be affected by the general
6684 plan or amendment;
6685 (c) be sent by mail, e-mail, or other effective means;
6686 (d) invite the affected entities to provide information for the municipality to consider in
6687 the process of preparing, adopting, and implementing a general plan or amendment concerning:
6688 (i) impacts that the use of land proposed in the proposed general plan or amendment
6689 may have; and
6690 (ii) uses of land within the municipality that the affected entity is considering that may
6691 conflict with the proposed general plan or amendment; and
6692 (e) include the address of an Internet website, if the municipality has one, and the name
6693 and telephone number of a person where more information can be obtained concerning the
6694 municipality's proposed general plan or amendment.
6695 Section 106. Section 10-9a-402 is amended to read:
6696 10-9a-402. Information and technical assistance from the state.
6697 Each state official, department, and agency shall:
6698 (1) promptly deliver any data and information requested by a municipality unless the
6699 disclosure is prohibited by [
6700 Access and Management Act; and
6701 (2) furnish any other technical assistance and advice that they have available to the
6702 municipality without additional cost to the municipality.
6703 Section 107. Section 10-18-302 is amended to read:
6704 10-18-302. Bonding authority.
6705 (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
6706 legislative body of a municipality may by resolution determine to issue one or more revenue
6707 bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
6708 to subscribers:
6709 (a) a cable television service; or
6710 (b) a public telecommunications service.
6711 (2) The resolution described in Subsection (1) shall:
6712 (a) describe the purpose for which the indebtedness is to be created; and
6713 (b) specify the dollar amount of the one or more bonds proposed to be issued.
6714 (3) (a) A revenue bond issued under this section shall be secured and paid for:
6715 (i) from the revenues generated by the municipality from providing:
6716 (A) cable television services with respect to revenue bonds issued to finance facilities
6717 for the municipality's cable television services; and
6718 (B) public telecommunications services with respect to revenue bonds issued to finance
6719 facilities for the municipality's public telecommunications services; and
6720 (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303 (3)(a), from revenues
6721 generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
6722 (A) notwithstanding Subsection 11-14-201 (3) and except as provided in Subsections
6723 (4) and (5), the revenue bond is approved by the registered voters in an election held:
6724 (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
6725 11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
6726 (II) notwithstanding Subsection 11-14-203 (2), at a regular general election;
6727 (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
6728 revenue bond; and
6729 (C) the municipality or municipalities annually appropriate the revenues described in
6730 this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
6731 (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
6732 origination, financing, or other carrying costs associated with the one or more revenue bonds
6733 issued under this section from the general funds or other enterprise funds of the municipality.
6734 (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
6735 pursuant to an agreement:
6736 (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
6737 (ii) to which a municipality is a party.
6738 (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
6739 municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
6740 entity that issues revenue bonds, if:
6741 (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
6742 a member of a municipal entity that is issuing revenue bonds has published the first notice
6743 described in Subsection (4)(b)(iii);
6744 (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
6745 is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
6746 the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
6747 this Subsection (4)(b)(ii);
6748 (iii) the municipality that is issuing the revenue bonds or the municipality that is a
6749 member of the municipal entity that is issuing the revenue bonds has:
6750 (A) held a public hearing for which public notice was given by publication of the
6751 notice in a newspaper published in the municipality or in a newspaper of general circulation
6752 within the municipality for two consecutive weeks, with the first publication being not less
6753 than 14 days before the public hearing; and
6754 (B) the notice identifies:
6755 (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
6756 Act;
6757 (II) the purpose for the bonds to be issued;
6758 (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
6759 be pledged in any fiscal year;
6760 (IV) the maximum number of years that the pledge will be in effect; and
6761 (V) the time, place, and location for the public hearing;
6762 (iv) the municipal entity that issues revenue bonds:
6763 (A) adopts a final financing plan; and
6764 (B) in accordance with [
6765 Records Access and Management Act, makes available to the public at the time the municipal
6766 entity adopts the final financing plan:
6767 (I) the final financing plan; and
6768 (II) all contracts entered into by the municipal entity, except as protected by [
6769
6770 (v) any municipality that is a member of a municipal entity described in Subsection
6771 (4)(b)(iv):
6772 (A) not less than 30 calendar days after the municipal entity complies with Subsection
6773 (4)(b)(iv)(B), holds a final public hearing;
6774 (B) provides notice, at the time the municipality schedules the final public hearing, to
6775 any person who has provided to the municipality a written request for notice; and
6776 (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
6777 interested parties; and
6778 (vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
6779 more than 50% of the average annual debt service of all revenue bonds described in this section
6780 to provide service throughout the municipality or municipal entity may be paid from the
6781 revenues described in Subsection (3)(a)(ii).
6782 (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
6783 to a municipality that issues revenue bonds if:
6784 (a) the municipality that is issuing the revenue bonds has:
6785 (i) held a public hearing for which public notice was given by publication of the notice
6786 in a newspaper published in the municipality or in a newspaper of general circulation within
6787 the municipality for two consecutive weeks, with the first publication being not less than 14
6788 days before the public hearing; and
6789 (ii) the notice identifies:
6790 (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
6791 Bonding Act;
6792 (B) the purpose for the bonds to be issued;
6793 (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
6794 pledged in any fiscal year;
6795 (D) the maximum number of years that the pledge will be in effect; and
6796 (E) the time, place, and location for the public hearing; and
6797 (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
6798 more than 50% of the average annual debt service of all revenue bonds described in this section
6799 to provide service throughout the municipality or municipal entity may be paid from the
6800 revenues described in Subsection (3)(a)(ii).
6801 (6) A municipality that issues bonds pursuant to this section may not make or grant any
6802 undue or unreasonable preference or advantage to itself or to any private provider of:
6803 (a) cable television services; or
6804 (b) public telecommunications services.
6805 Section 108. Section 11-13-222 is amended to read:
6806 11-13-222. Officers and employees performing services under agreements.
6807 (1) Each officer and employee performing services for two or more public agencies
6808 under an agreement under this chapter shall be considered to be:
6809 (a) an officer or employee of the public agency employing the officer or employee's
6810 services even though the officer or employee performs those functions outside of the territorial
6811 limits of any one of the contracting public agencies; and
6812 (b) an officer or employee of the public agencies under the provisions of [
6813
6814 (2) Unless otherwise provided in an agreement that creates an interlocal entity, each
6815 employee of a public agency that is a party to the agreement shall:
6816 (a) remain an employee of that public agency, even though assigned to perform
6817 services for another public agency under the agreement; and
6818 (b) continue to be governed by the rules, rights, entitlements, and status that apply to an
6819 employee of that public agency.
6820 (3) All of the privileges, immunities from liability, exemptions from laws, ordinances,
6821 and rules, pensions and relief, disability, workers compensation, and other benefits that apply
6822 to an officer, agent, or employee of a public agency while performing functions within the
6823 territorial limits of the public agency apply to the same degree and extent when the officer,
6824 agent, or employee performs functions or duties under the agreement outside the territorial
6825 limits of that public agency.
6826 Section 109. Section 11-13-302 is amended to read:
6827 11-13-302. Payment of fee in lieu of ad valorem property tax by certain energy
6828 suppliers -- Method of calculating -- Collection -- Extent of tax lien.
6829 (1) (a) Each project entity created under this chapter that owns a project and that sells
6830 any capacity, service, or other benefit from it to an energy supplier or suppliers whose tangible
6831 property is not exempted by Utah Constitution Article XIII, Section 3, from the payment of ad
6832 valorem property tax, shall pay an annual fee in lieu of ad valorem property tax as provided in
6833 this section to each taxing jurisdiction within which the project or any part of it is located.
6834 (b) For purposes of this section, "annual fee" means the annual fee described in
6835 Subsection (1)(a) that is in lieu of ad valorem property tax.
6836 (c) The requirement to pay an annual fee shall commence:
6837 (i) with respect to each taxing jurisdiction that is a candidate receiving the benefit of
6838 impact alleviation payments under contracts or determination orders provided for in Sections
6839 11-13-305 and 11-13-306 , with the fiscal year of the candidate following the fiscal year of the
6840 candidate in which the date of commercial operation of the last generating unit, other than any
6841 generating unit providing additional project capacity, of the project occurs, or, in the case of
6842 any facilities providing additional project capacity, with the fiscal year of the candidate
6843 following the fiscal year of the candidate in which the date of commercial operation of the
6844 generating unit providing the additional project capacity occurs; and
6845 (ii) with respect to any taxing jurisdiction other than a taxing jurisdiction described in
6846 Subsection (1)(c)(i), with the fiscal year of the taxing jurisdiction in which construction of the
6847 project commences, or, in the case of facilities providing additional project capacity, with the
6848 fiscal year of the taxing jurisdiction in which construction of those facilities commences.
6849 (d) The requirement to pay an annual fee shall continue for the period of the useful life
6850 of the project or facilities.
6851 (2) (a) The annual fees due a school district shall be as provided in Subsection (2)(b)
6852 because the ad valorem property tax imposed by a school district and authorized by the
6853 Legislature under Section 53A-17a-135 represents both:
6854 (i) a levy mandated by the state for the state minimum school program under Section
6855 53A-17a-135 ; and
6856 (ii) local levies for capital outlay, maintenance, transportation, and other purposes
6857 under Sections 11-2-7 , 53A-16-107 , 53A-16-110 , 53A-17a-126 , 53A-17a-127 , 53A-17a-133 ,
6858 53A-17a-134 , 53A-17a-143 , 53A-17a-145 , and 53A-21-103 .
6859 (b) The annual fees due a school district shall be as follows:
6860 (i) the project entity shall pay to the school district an annual fee for the state minimum
6861 school program at the rate imposed by the school district and authorized by the Legislature
6862 under Subsection 53A-17a-135 (1); and
6863 (ii) for all other local property tax levies authorized to be imposed by a school district,
6864 the project entity shall pay to the school district either:
6865 (A) an annual fee; or
6866 (B) impact alleviation payments under contracts or determination orders provided for
6867 in Sections 11-13-305 and 11-13-306 .
6868 (3) (a) An annual fee due a taxing jurisdiction for a particular year shall be calculated
6869 by multiplying the tax rate or rates of the jurisdiction for that year by the product obtained by
6870 multiplying the fee base or value determined in accordance with Subsection (4) for that year of
6871 the portion of the project located within the jurisdiction by the percentage of the project which
6872 is used to produce the capacity, service, or other benefit sold to the energy supplier or suppliers.
6873 (b) As used in this section, "tax rate," when applied in respect to a school district,
6874 includes any assessment to be made by the school district under Subsection (2) or Section
6875 [
6876 (c) There is to be credited against the annual fee due a taxing jurisdiction for each year,
6877 an amount equal to the debt service, if any, payable in that year by the project entity on bonds,
6878 the proceeds of which were used to provide public facilities and services for impact alleviation
6879 in the taxing jurisdiction in accordance with Sections 11-13-305 and 11-13-306 .
6880 (d) The tax rate for the taxing jurisdiction for that year shall be computed so as to:
6881 (i) take into account the fee base or value of the percentage of the project located
6882 within the taxing jurisdiction determined in accordance with Subsection (4) used to produce the
6883 capacity, service, or other benefit sold to the supplier or suppliers; and
6884 (ii) reflect any credit to be given in that year.
6885 (4) (a) Except as otherwise provided in this section, the annual fees required by this
6886 section shall be paid, collected, and distributed to the taxing jurisdiction as if:
6887 (i) the annual fees were ad valorem property taxes; and
6888 (ii) the project were assessed at the same rate and upon the same measure of value as
6889 taxable property in the state.
6890 (b) (i) Notwithstanding Subsection (4)(a), for purposes of an annual fee required by
6891 this section, the fee base of a project may be determined in accordance with an agreement
6892 among:
6893 (A) the project entity; and
6894 (B) any county that:
6895 (I) is due an annual fee from the project entity; and
6896 (II) agrees to have the fee base of the project determined in accordance with the
6897 agreement described in this Subsection (4).
6898 (ii) The agreement described in Subsection (4)(b)(i):
6899 (A) shall specify each year for which the fee base determined by the agreement shall be
6900 used for purposes of an annual fee; and
6901 (B) may not modify any provision of this chapter except the method by which the fee
6902 base of a project is determined for purposes of an annual fee.
6903 (iii) For purposes of an annual fee imposed by a taxing jurisdiction within a county
6904 described in Subsection (4)(b)(i)(B), the fee base determined by the agreement described in
6905 Subsection (4)(b)(i) shall be used for purposes of an annual fee imposed by that taxing
6906 jurisdiction.
6907 (iv) (A) If there is not agreement as to the fee base of a portion of a project for any
6908 year, for purposes of an annual fee, the State Tax Commission shall determine the value of that
6909 portion of the project for which there is not an agreement:
6910 (I) for that year; and
6911 (II) using the same measure of value as is used for taxable property in the state.
6912 (B) The valuation required by Subsection (4)(b)(iv)(A) shall be made by the State Tax
6913 Commission in accordance with rules made by the State Tax Commission.
6914 (c) Payments of the annual fees shall be made from:
6915 (i) the proceeds of bonds issued for the project; and
6916 (ii) revenues derived by the project entity from the project.
6917 (d) (i) The contracts of the project entity with the purchasers of the capacity, service, or
6918 other benefits of the project whose tangible property is not exempted by Utah Constitution
6919 Article XIII, Section 3, from the payment of ad valorem property tax shall require each
6920 purchaser, whether or not located in the state, to pay, to the extent not otherwise provided for,
6921 its share, determined in accordance with the terms of the contract, of these fees.
6922 (ii) It is the responsibility of the project entity to enforce the obligations of the
6923 purchasers.
6924 (5) (a) The responsibility of the project entity to make payment of the annual fees is
6925 limited to the extent that there is legally available to the project entity, from bond proceeds or
6926 revenues, monies to make these payments, and the obligation to make payments of the annual
6927 fees is not otherwise a general obligation or liability of the project entity.
6928 (b) No tax lien may attach upon any property or money of the project entity by virtue of
6929 any failure to pay all or any part of an annual fee.
6930 (c) The project entity or any purchaser may contest the validity of an annual fee to the
6931 same extent as if the payment was a payment of the ad valorem property tax itself.
6932 (d) The payments of an annual fee shall be reduced to the extent that any contest is
6933 successful.
6934 (6) (a) The annual fee described in Subsection (1):
6935 (i) shall be paid by a public agency that:
6936 (A) is not a project entity; and
6937 (B) owns an interest in a facility providing additional project capacity if the interest is
6938 otherwise exempt from taxation pursuant to Utah Constitution, Article XIII, Section 3; and
6939 (ii) for a public agency described in Subsection (6)(a)(i), shall be calculated in
6940 accordance with Subsection (6)(b).
6941 (b) The annual fee required under Subsection (6)(a) shall be an amount equal to the tax
6942 rate or rates of the applicable taxing jurisdiction multiplied by the product of the following:
6943 (i) the fee base or value of the facility providing additional project capacity located
6944 within the jurisdiction;
6945 (ii) the percentage of the ownership interest of the public agency in the facility; and
6946 (iii) the portion, expressed as a percentage, of the public agency's ownership interest
6947 that is attributable to the capacity, service, or other benefit from the facility that is sold by the
6948 public agency to an energy supplier or suppliers whose tangible property is not exempted by
6949 Utah Constitution, Article XIII, Section 3, from the payment of ad valorem property tax.
6950 (c) A public agency paying the annual fee pursuant to Subsection (6)(a) shall have the
6951 obligations, credits, rights, and protections set forth in Subsections (1) through (5) with respect
6952 to its ownership interest as though it were a project entity.
6953 Section 110. Section 11-13-303 is amended to read:
6954 11-13-303. Source of project entity's payment of sales and use tax -- Gross
6955 receipts taxes for facilities providing additional project capacity.
6956 (1) A project entity is not exempt from sales and use taxes under Title 59, Chapter 12,
6957 Sales and Use Tax Act, to the extent provided in Subsection 59-12-104 (2).
6958 (2) A project entity may make payments or prepayments of sales and use taxes, as
6959 provided in [
6960 proceeds of revenue bonds issued under Section 11-13-218 or other revenues of the project
6961 entity.
6962 (3) (a) This Subsection (3) applies with respect to facilities providing additional project
6963 capacity.
6964 (b) (i) The in lieu excise tax imposed under Title 59, Chapter 8, Gross Receipts Tax on
6965 Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act, shall be
6966 imposed collectively on all gross receipts derived with respect to the ownership interests of all
6967 project entities and other public agencies in facilities providing additional project capacity as
6968 though all such ownership interests were held by a single project entity.
6969 (ii) The in lieu excise tax shall be calculated as though the gross receipts derived with
6970 respect to all such ownership interests were received by a single taxpayer that has no other
6971 gross receipts.
6972 (iii) The gross receipts attributable to such ownership interests shall consist solely of
6973 gross receipts that are expended by each project entity and other public agency holding an
6974 ownership interest in the facilities for the operation or maintenance of or ordinary repairs or
6975 replacements to the facilities.
6976 (iv) For purposes of calculating the in lieu excise tax, the determination of whether
6977 there is a tax rate and, if so, what the tax rate is shall be governed by Section 59-8-104 , except
6978 that the $10,000,000 figures in Section 59-8-104 indicating the amount of gross receipts that
6979 determine the applicable tax rate shall be replaced with $5,000,000.
6980 (c) Each project entity and public agency owning an interest in the facilities providing
6981 additional project capacity shall be liable only for the portion of the gross receipts tax referred
6982 to in Subsection (3)(b) that is proportionate to its percentage ownership interest in the facilities
6983 and may not be liable for any other gross receipts taxes with respect to its percentage
6984 ownership interest in the facilities.
6985 (d) No project entity or other public agency that holds an ownership interest in the
6986 facilities may be subject to the taxes imposed under Title 59, Chapter 7, Corporate Franchise
6987 and Income Taxes, with respect to those facilities.
6988 (4) For purposes of calculating the gross receipts tax imposed on a project entity or
6989 other public agency under Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not
6990 Required to Pay Corporate Franchise or Income Tax Act, or Subsection (3), gross receipts
6991 include only gross receipts from the first sale of capacity, services, or other benefits and do not
6992 include gross receipts from any subsequent sale, resale, or layoff of the capacity, services, or
6993 other benefits.
6994 Section 111. Section 11-17-20 is amended to read:
6995 11-17-20. Power of the State Charter School Finance Authority.
6996 (1) The State Charter School Finance Authority may exercise the powers granted to
6997 municipalities and counties by this chapter, subject to the same limitations as that imposed on a
6998 municipality or county under the chapter, except as provided by Title 53A, Chapter 20b, State
6999 Charter School Finance Authority Act.
7000 (2) As used in this chapter, "governing body" when applied to the State Charter School
7001 Finance Authority means the authority's governing board as described in Section 53A-20b-103 .
7002 (3) Notwithstanding Section 11-17-15 , a charter school that receives financing under
7003 this chapter is subject to [
7004 Section 112. Section 11-36-201 is amended to read:
7005 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
7006 Summary -- Exemptions.
7007 (1) (a) Each local political subdivision and private entity shall comply with the
7008 requirements of this chapter before establishing or modifying any impact fee.
7009 (b) A local political subdivision may not:
7010 (i) establish any new impact fees that are not authorized by this chapter; or
7011 (ii) impose or charge any other fees as a condition of development approval unless
7012 those fees are a reasonable charge for the service provided.
7013 (c) Notwithstanding any other requirements of this chapter, each local political
7014 subdivision shall ensure that each existing impact fee that is charged for any public facility not
7015 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
7016 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
7017 that are charged by local political subdivisions need not comply with the requirements of this
7018 chapter until July 1, 1997.
7019 (ii) By July 1, 1997, each local political subdivision shall:
7020 (A) review any impact fees in existence as of the effective date of this act, and prepare
7021 and approve the analysis required by this section for each of those impact fees; and
7022 (B) ensure that the impact fees comply with the requirements of this chapter.
7023 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
7024 capital facilities plan.
7025 (b) (i) As used in this Subsection (2)(b):
7026 (A) (I) "Affected entity" means each county, municipality, local district under Title
7027 17B, Limited Purpose Local Government Entities - Local Districts, special service district
7028 under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, school district,
7029 interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act, and
7030 specified public utility:
7031 (Aa) whose services or facilities are likely to require expansion or significant
7032 modification because of the facilities proposed in the proposed capital facilities plan; or
7033 (Bb) that has filed with the local political subdivision or private entity a copy of the
7034 general or long-range plan of the county, municipality, local district, special service district,
7035 school district, interlocal cooperation entity, or specified public utility.
7036 (II) "Affected entity" does not include the local political subdivision or private entity
7037 that is required under this Subsection (2) to provide notice.
7038 (B) "Specified public utility" means an electrical corporation, gas corporation, or
7039 telephone corporation, as those terms are defined in Section 54-2-1 .
7040 (ii) Before preparing a capital facilities plan for facilities proposed on land located
7041 within a county of the first or second class, each local political subdivision and each private
7042 entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
7043 a capital facilities plan.
7044 (iii) Each notice under Subsection (2)(b)(ii) shall:
7045 (A) indicate that the local political subdivision or private entity intends to prepare a
7046 capital facilities plan;
7047 (B) describe or provide a map of the geographic area where the proposed capital
7048 facilities will be located;
7049 (C) be sent to:
7050 (I) each county in whose unincorporated area and each municipality in whose
7051 boundaries is located the land on which the proposed facilities will be located;
7052 (II) each affected entity;
7053 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
7054 (IV) the association of governments, established pursuant to an interlocal agreement
7055 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
7056 be located; and
7057 (V) the state planning coordinator appointed under Section [
7058 and
7059 (D) with respect to the notice to affected entities, invite the affected entities to provide
7060 information for the local political subdivision or private entity to consider in the process of
7061 preparing, adopting, and implementing a capital facilities plan concerning:
7062 (I) impacts that the facilities proposed in the capital facilities plan may have on the
7063 affected entity; and
7064 (II) facilities or uses of land that the affected entity is planning or considering that may
7065 conflict with the facilities proposed in the capital facilities plan.
7066 (c) The plan shall identify:
7067 (i) demands placed upon existing public facilities by new development activity; and
7068 (ii) the proposed means by which the local political subdivision will meet those
7069 demands.
7070 (d) Municipalities and counties need not prepare a separate capital facilities plan if the
7071 general plan required by Sections 10-9a-401 and 17-27a-401 contains the elements required by
7072 Subsection (2)(c).
7073 (e) (i) If a local political subdivision prepares an independent capital facilities plan
7074 rather than including a capital facilities element in the general plan, the local political
7075 subdivision shall, before adopting the capital facilities plan:
7076 (A) give public notice of the plan according to this Subsection (2)(e);
7077 (B) at least 14 days before the date of the public hearing:
7078 (I) make a copy of the plan, together with a summary designed to be understood by a
7079 lay person, available to the public; and
7080 (II) place a copy of the plan and summary in each public library within the local
7081 political subdivision; and
7082 (C) hold a public hearing to hear public comment on the plan.
7083 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
7084 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
7085 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2).
7086 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
7087 provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
7088 17-27a-801 and Subsection 17-27a-502 (2).
7089 (iv) Local districts, special service districts, and private entities shall comply with the
7090 notice and hearing requirements of, and receive the protections of, Section 17B-1-111 .
7091 (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
7092 Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
7093 commission in the capital facilities planning process.
7094 (f) (i) Local political subdivisions with a population or serving a population of less
7095 than 5,000 as of the last federal census need not comply with the capital facilities plan
7096 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
7097 a reasonable plan.
7098 (ii) Subsection (2)(f)(i) does not apply to private entities.
7099 (3) In preparing the plan, each local political subdivision shall generally consider all
7100 revenue sources, including impact fees, to finance the impacts on system improvements.
7101 (4) A local political subdivision may only impose impact fees on development
7102 activities when its plan for financing system improvements establishes that impact fees are
7103 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
7104 future, in comparison to the benefits already received and yet to be received.
7105 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
7106 analysis of each impact fee that:
7107 (i) identifies the impact on system improvements required by the development activity;
7108 (ii) demonstrates how those impacts on system improvements are reasonably related to
7109 the development activity;
7110 (iii) estimates the proportionate share of the costs of impacts on system improvements
7111 that are reasonably related to the new development activity; and
7112 (iv) based upon those factors and the requirements of this chapter, identifies how the
7113 impact fee was calculated.
7114 (b) In analyzing whether or not the proportionate share of the costs of public facilities
7115 are reasonably related to the new development activity, the local political subdivision shall
7116 identify, if applicable:
7117 (i) the cost of existing public facilities;
7118 (ii) the manner of financing existing public facilities, such as user charges, special
7119 assessments, bonded indebtedness, general taxes, or federal grants;
7120 (iii) the relative extent to which the newly developed properties and the other
7121 properties in the municipality have already contributed to the cost of existing public facilities,
7122 by such means as user charges, special assessments, or payment from the proceeds of general
7123 taxes;
7124 (iv) the relative extent to which the newly developed properties and the other
7125 properties in the municipality will contribute to the cost of existing public facilities in the
7126 future;
7127 (v) the extent to which the newly developed properties are entitled to a credit because
7128 the municipality is requiring their developers or owners, by contractual arrangement or
7129 otherwise, to provide common facilities, inside or outside the proposed development, that have
7130 been provided by the municipality and financed through general taxation or other means, apart
7131 from user charges, in other parts of the municipality;
7132 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
7133 (vii) the time-price differential inherent in fair comparisons of amounts paid at
7134 different times.
7135 (c) Each local political subdivision that prepares a written analysis under this
7136 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
7137 designed to be understood by a lay person.
7138 (6) Each local political subdivision that adopts an impact fee enactment under Section
7139 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
7140 to each public library within the local political subdivision:
7141 (a) a copy of the written analysis required by Subsection (5)(a); and
7142 (b) a copy of the summary required by Subsection (5)(c).
7143 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
7144 impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
7145 to pay bonded indebtedness that was incurred before the effective date of this chapter.
7146 Section 113. Section 11-36-402 is amended to read:
7147 11-36-402. Challenging an impact fee by arbitration -- Procedure -- Appeal --
7148 Costs.
7149 (1) Each person or entity intending to challenge an impact fee under Subsection
7150 11-36-401 (4)(c)(ii) shall file a written request for arbitration with the local political subdivision
7151 within the time limitation provided in Subsection 11-36-401 (4)(b) for the applicable type of
7152 challenge.
7153 (2) If a person or entity files a written request for arbitration under Subsection (1), an
7154 arbitrator or arbitration panel shall be selected as follows:
7155 (a) the local political subdivision and the person or entity filing the request may agree
7156 on a single arbitrator within ten days after the day the request for arbitration is filed; or
7157 (b) if a single arbitrator is not agreed to in accordance with Subsection (2)(a), an
7158 arbitration panel shall be created with the following members:
7159 (i) each party shall select an arbitrator within 20 days after the date the request is filed;
7160 and
7161 (ii) the arbitrators selected under Subsection (2)(b)(i) shall select a third arbitrator.
7162 (3) The arbitration panel shall hold a hearing on the challenge within 30 days after the
7163 date:
7164 (a) the single arbitrator is agreed on under Subsection (2)(a); or
7165 (b) the two arbitrators are selected under Subsection (2)(b)(i).
7166 (4) The arbitrator or arbitration panel shall issue a decision in writing within ten days
7167 from the date the hearing under Subsection (3) is completed.
7168 (5) Except as provided in this section, each arbitration shall be governed by Title 78,
7169 Chapter 31a, Utah Uniform Arbitration Act.
7170 (6) The parties may agree to:
7171 (a) binding arbitration;
7172 (b) formal, nonbinding arbitration; or
7173 (c) informal, nonbinding arbitration.
7174 (7) If the parties agree in writing to binding arbitration:
7175 (a) the arbitration shall be binding;
7176 (b) the decision of the arbitration panel shall be final;
7177 (c) neither party may appeal the decision of the arbitration panel; and
7178 (d) notwithstanding Subsection (10), the person or entity challenging the impact fee
7179 may not also challenge the impact fee under Subsection 11-36-401 (1), (4)(c)(i), or (4)(c)(iii).
7180 (8) (a) Except as provided in Subsection (8)(b), if the parties agree to formal,
7181 nonbinding arbitration, the arbitration shall be governed by the provisions of [
7182
7183 (b) For purposes of applying [
7184 Administrative Procedures Act, to a formal, nonbinding arbitration under this section,
7185 notwithstanding Section [
7186 (9) (a) An appeal from a decision in an informal, nonbinding arbitration may be filed
7187 with the district court in which the local political subdivision is located.
7188 (b) Each appeal under Subsection (9)(a) shall be filed within 30 days after the date the
7189 arbitration panel issues a decision under Subsection (4).
7190 (c) The district court shall consider de novo each appeal filed under this Subsection (9).
7191 (d) Notwithstanding Subsection (10), a person or entity that files an appeal under this
7192 Subsection (9) may not also challenge the impact fee under Subsection 11-36-401 (1), (4)(c)(i),
7193 or (4)(c)(iii).
7194 (10) (a) Except as provided in Subsections (7)(d) and (9)(d), this section may not be
7195 construed to prohibit a person or entity from challenging an impact fee as provided in
7196 Subsection 11-36-401 (1), (4)(c)(i), or (4)(c)(iii).
7197 (b) The filing of a written request for arbitration within the required time in accordance
7198 with Subsection (1) tolls all time limitations under Section 11-36-401 until the date the
7199 arbitration panel issues a decision.
7200 (11) The person or entity filing a request for arbitration and the local political
7201 subdivision shall equally share all costs of an arbitration proceeding under this section.
7202 Section 114. Section 11-37-101 is amended to read:
7203 11-37-101. Definition -- Procurement -- Use of recycled goods.
7204 (1) "Local government entity" means:
7205 (a) municipalities, cities, and counties;
7206 (b) entities created under Title 26A, Chapter 1, Local Health Departments; and
7207 (c) political subdivisions created by cities or counties, including entities created under:
7208 (i) Title 9, Chapter 4, Part 9, Utah Housing Corporation Act; and
7209 (ii) Title 11, Chapter 13, Interlocal Cooperation Act.
7210 (2) The procurement officer or other person responsible for purchasing supplies for
7211 each local government entity shall:
7212 (a) maintain for reference a copy of the current listing of recycled items available on
7213 state contract as issued by the chief procurement officer under Section [
7214 and
7215 (b) give recycled items consideration when inviting bids and purchasing supplies.
7216 Section 115. Section 11-38-102 is amended to read:
7217 11-38-102. Definitions.
7218 As used in this chapter:
7219 (1) "Affordable housing" means housing occupied or reserved for occupancy by
7220 households with a gross household income equal to or less than 80% of the median gross
7221 income of the applicable municipal or county statistical area for households of the same size.
7222 (2) "Agricultural land" has the same meaning as "land in agricultural use" under
7223 Section 59-2-502 .
7224 (3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial
7225 land where expansion or redevelopment is complicated by real or perceived environmental
7226 contamination.
7227 (4) "Commission" means the Quality Growth Commission established in Section
7228 11-38-201 .
7229 (5) "Fund" means the LeRay McAllister Critical Land Conservation Fund established
7230 in Section 11-38-301 .
7231 (6) "Infill development" means residential, commercial, or industrial development on
7232 unused or underused land, excluding open land and agricultural land, within existing, otherwise
7233 developed urban areas.
7234 (7) "Local entity" means a county, city, or town.
7235 (8) "OPB" means the Governor's Office of Planning and Budget established under
7236 Section [
7237 (9) (a) "Open land" means land that is:
7238 (i) preserved in or restored to a predominantly natural, open, and undeveloped
7239 condition; and
7240 (ii) used for:
7241 (A) wildlife habitat;
7242 (B) cultural or recreational use;
7243 (C) watershed protection; or
7244 (D) another use consistent with the preservation of the land in or restoration of the land
7245 to a predominantly natural, open, and undeveloped condition.
7246 (b) (i) "Open land" does not include land whose predominant use is as a developed
7247 facility for active recreational activities, including baseball, tennis, soccer, golf, or other
7248 sporting or similar activity.
7249 (ii) The condition of land does not change from a natural, open, and undeveloped
7250 condition because of the development or presence on the land of facilities, including trails,
7251 waterways, and grassy areas, that:
7252 (A) enhance the natural, scenic, or aesthetic qualities of the land; or
7253 (B) facilitate the public's access to or use of the land for the enjoyment of its natural,
7254 scenic, or aesthetic qualities and for compatible recreational activities.
7255 (10) "Surplus land" means real property owned by the Department of Administrative
7256 Services, the Department of Agriculture and Food, the Department of Natural Resources, or the
7257 Department of Transportation that the individual department determines not to be necessary for
7258 carrying out the mission of the department.
7259 Section 116. Section 11-38-303 is amended to read:
7260 11-38-303. Commission expenses -- Division of Finance responsibilities --
7261 Investment of monies into the fund -- Interest to accrue to the fund.
7262 (1) Commission expenses and the costs of administering loans from the fund, as
7263 provided in Subsection (2), shall be paid from the fund.
7264 (2) (a) The Division of Finance shall be responsible for the care, custody, safekeeping,
7265 collection, and accounting for loans issued by the commission as provided in Section [
7266 63B-1b-202 .
7267 (b) The Division of Finance may charge to the fund the administrative costs incurred in
7268 discharging the responsibilities imposed by Subsection (2)(a).
7269 (3) The state treasurer shall invest all monies deposited into the fund, and all interest
7270 from investing the monies shall accrue to the fund.
7271 Section 117. Section 11-39-101 is amended to read:
7272 11-39-101. Definitions.
7273 As used in this chapter:
7274 (1) "Bid limit" means:
7275 (a) for a building improvement:
7276 (i) for the year 2003, $40,000; and
7277 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
7278 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
7279 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
7280 year; and
7281 (b) for a public works project:
7282 (i) for the year 2003, $125,000; and
7283 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
7284 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
7285 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
7286 year.
7287 (2) "Building improvement":
7288 (a) means the construction or repair of a public building or structure; and
7289 (b) does not include construction or repair at an international airport.
7290 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
7291 Consumers as published by the Bureau of Labor Statistics of the United States Department of
7292 Labor.
7293 (4) "Design-build project":
7294 (a) means a building improvement or public works project costing over $250,000 with
7295 respect to which both the design and construction are provided for in a single contract with a
7296 contractor or combination of contractors capable of providing design-build services; and
7297 (b) does not include a building improvement or public works project:
7298 (i) that is undertaken by a local entity under contract with a construction manager that
7299 guarantees the contract price and is at risk for any amount over the contract price; and
7300 (ii) each component of which is competitively bid.
7301 (5) "Design-build services" means the engineering, architectural, and other services
7302 necessary to formulate and implement a design-build project, including its actual construction.
7303 (6) "Emergency repairs" means a building improvement or public works project
7304 undertaken on an expedited basis to:
7305 (a) eliminate an imminent risk of damage to or loss of public or private property;
7306 (b) remedy a condition that poses an immediate physical danger; or
7307 (c) reduce a substantial, imminent risk of interruption of an essential public service.
7308 (7) "Governing body" means:
7309 (a) for a county, city, or town, the legislative body of the county, city, or town;
7310 (b) for a local district, the board of trustees of the local district; and
7311 (c) for a special service district:
7312 (i) the legislative body of the county, city, or town that established the special service
7313 district, if no administrative control board has been appointed under Section 17A-2-1326 ; or
7314 (ii) the administrative control board of the special service district, if an administrative
7315 control board has been appointed under Section 17A-2-1326 .
7316 (8) "Local district" has the same meaning as defined in Section 17B-1-102 .
7317 (9) "Local entity" means a county, city, town, local district, or special service district.
7318 (10) "Lowest responsive responsible bidder" means a prime contractor who:
7319 (a) has submitted a bid in compliance with the invitation to bid and within the
7320 requirements of the plans and specifications for the building improvement or public works
7321 project;
7322 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
7323 strength, past performance, integrity, reliability, and other factors that the local entity uses to
7324 assess the ability of a bidder to perform fully and in good faith the contract requirements;
7325 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
7326 prime contract; and
7327 (d) furnishes a payment and performance bond as required by law.
7328 (11) "Procurement code" means the provisions of [
7329 Chapter 6, Utah Procurement Code.
7330 (12) "Public works project":
7331 (a) means the construction of:
7332 (i) a park or recreational facility; or
7333 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
7334 flood control; and
7335 (b) does not include:
7336 (i) the replacement or repair of existing infrastructure on private property;
7337 (ii) construction commenced before June 1, 2003; and
7338 (iii) construction or repair at an international airport.
7339 (13) "Special service district" means a special service district under Title 17A, Chapter
7340 2, Part 13, Utah Special Service District Act.
7341 Section 118. Section 11-39-107 is amended to read:
7342 11-39-107. Procurement code.
7343 (1) This chapter may not be construed to:
7344 (a) prohibit a county legislative body from adopting the procedures of the procurement
7345 code; or
7346 (b) limit the application of the procurement code to a local district or special service
7347 district.
7348 (2) (a) In seeking bids and awarding a contract for a building improvement or public
7349 works project, a county legislative body may elect to follow the provisions of the procurement
7350 code, as the county legislative body considers appropriate under the circumstances, for
7351 specification preparation, source selection, or contract formation.
7352 (b) A county legislative body's election to adopt the procedures of the procurement
7353 code may not excuse the county from complying with the requirements to award a contract for
7354 work in excess of the bid limit and to publish notice of the intent to award.
7355 (c) An election under Subsection (2)(a) may be made on a case-by-case basis, unless
7356 the county has previously adopted the procurement code as permitted by Subsection
7357 [
7358 (d) The county legislative body shall:
7359 (i) make each election under Subsection (2)(a) in an open meeting; and
7360 (ii) specify in its action the portions of the procurement code to be followed.
7361 (3) If the estimated cost of the building improvement or public works project proposed
7362 by a local district or special service district exceeds the bid limit, the governing body of the
7363 local district or special service district may, if it determines to proceed with the building
7364 improvement or public works project, use the competitive procurement procedures of the
7365 procurement code in place of the comparable provisions of this chapter.
7366 Section 119. Section 11-42-205 is amended to read:
7367 11-42-205. Unimproved property.
7368 (1) A local entity may not designate an assessment area in which more than 75% of the
7369 property proposed to be assessed consists of unimproved property unless the local entity:
7370 (a) has obtained an appraisal of the unimproved property from an appraiser who is a
7371 member of the Appraisal Institute, verifying that the market value of the property, after
7372 completion of the proposed improvements, is at least three times the amount of the assessment
7373 proposed to be levied against the unimproved property;
7374 (b) has obtained from each owner of unimproved property:
7375 (i) financial information acceptable to the governing body demonstrating the owner's
7376 ability to pay the proposed assessment; or
7377 (ii) a financial institution's commitment securing, to the governing body's satisfaction,
7378 the owner's obligation to pay the proposed assessment; and
7379 (c) has prepared a development plan, approved by a qualified, independent third party,
7380 describing the plan of development and the financial feasibility of the plan, taking into account
7381 growth trends, absorption studies, and other demographic information applicable to the
7382 unimproved property.
7383 (2) Information that an owner provides to a local entity under Subsection (1)(b)(i) is
7384 not a record for purposes of [
7385 Access and Management Act.
7386 Section 120. Section 12-1-10 is amended to read:
7387 12-1-10. Applications -- Fees.
7388 (1) Each application for registration under this chapter shall be made on a form
7389 provided by the Division of Corporations and Commercial Code.
7390 (2) Each applicant shall pay to the Division of Corporations and Commercial Code an
7391 application fee determined under Section [
7392 Section 121. Section 13-1-2 is amended to read:
7393 13-1-2. Creation and functions of department -- Divisions created -- Fees.
7394 (1) (a) There is created the Department of Commerce.
7395 (b) The department shall execute and administer state laws regulating business
7396 activities and occupations affecting the public interest.
7397 (2) Within the department the following divisions are created:
7398 (a) the Division of Occupational and Professional Licensing;
7399 (b) the Division of Real Estate;
7400 (c) the Division of Securities;
7401 (d) the Division of Public Utilities;
7402 (e) the Division of Consumer Protection; and
7403 (f) the Division of Corporations and Commercial Code.
7404 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
7405 fees assessed for services provided by the department by following the procedures and
7406 requirements of Section [
7407 (b) The department shall submit each fee established in this manner to the Legislature
7408 for its approval as part of the department's annual appropriations request.
7409 (c) (i) All fees collected by each division and by the department shall be deposited in a
7410 restricted account within the General Fund known as the Commerce Service Fund.
7411 (ii) At the end of each fiscal year, the director of the Division of Finance shall transfer
7412 into the General Fund any fee collections that are greater than the legislative appropriations
7413 from the Commerce Service Fund for that year.
7414 (d) The department may not charge or collect any fee nor expend monies from this
7415 fund without approval by the Legislature.
7416 Section 122. Section 13-1-8.5 is amended to read:
7417 13-1-8.5. Procedures -- Adjudicative proceedings.
7418 (1) The Department of Commerce and its divisions shall comply with the procedures
7419 and requirements of [
7420 Act, in their adjudicative proceedings.
7421 (2) The department may contract with other state agencies or departments to conduct
7422 hearings in its name or in the name of its divisions or agencies.
7423 Section 123. Section 13-1a-5 is amended to read:
7424 13-1a-5. Authority of director.
7425 The director has authority:
7426 (1) to make rules in accordance with [
7427 Utah Administrative Rulemaking Act, to administer the responsibilities of the division;
7428 (2) to investigate, upon complaint, the corporation and commercial code filings and
7429 compliance governed by the laws administered and enforced by the division; and
7430 (3) under the provisions of [
7431 Administrative Procedures Act, to take administrative action against persons in violation of the
7432 division rules and the laws administered by it, including the issuance of cease and desist orders.
7433 Section 124. Section 13-1a-6 is amended to read:
7434 13-1a-6. Powers of Division of Corporations and Commercial Code -- Document
7435 retention.
7436 (1) The Division of Corporations and Commercial Code shall have the power and
7437 authority reasonably necessary to enable it to efficiently administer the laws and rules for
7438 which it is responsible and to perform the duties imposed upon it by law.
7439 (2) The division has authority under [
7440 Administrative Rulemaking Act, to make rules and procedures for the processing, retention,
7441 and disposal of filed documents to efficiently utilize electronic and computerized document
7442 image storage and retrieval.
7443 (3) Notwithstanding the provisions of Section [
7444 documents filed in the division offices shall not be considered property of the state if electronic
7445 image reproductions thereof which comply with the provisions of [
7446 63G, Chapter 2, Government Records Access and Management Act, are retained by the
7447 division.
7448 Section 125. Section 13-1a-7 is amended to read:
7449 13-1a-7. Hearing powers.
7450 (1) The director, in accordance with [
7451 Administrative Procedures Act, may hold or cause to be held administrative hearings regarding
7452 any matter affecting the division or the incorporation or registration activities of any business
7453 governed by the laws administered by the division.
7454 (2) The director or [
7455 or any chapter administered by the division, may administer oaths, issue subpoenas, compel the
7456 attendance of witnesses, and compel the production of papers, books, accounts, documents, and
7457 evidence.
7458 Section 126. Section 13-1a-9 is amended to read:
7459 13-1a-9. Fees of Division of Corporations and Commercial Code.
7460 In addition to the fees prescribed by Title 16, Chapter 6a, Utah Revised Nonprofit
7461 Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the
7462 Division of Corporations and Commercial Code shall receive and determine fees pursuant to
7463 Section [
7464 corporations, of canal or irrigation corporations organized for furnishing water to lands owned
7465 by the members thereof exclusively, or of water users' associations organized in conformity
7466 with the requirements of the United States under the Reclamation Act of June 17, 1902, and
7467 which are authorized to furnish water only to their stockholders. No license fee may be
7468 imposed on insurance corporations, canal or irrigation corporations organized for furnishing
7469 water to lands owned by the members thereof exclusively, or water users' associations
7470 organized in conformity with the requirements of the United States under the Reclamation Act
7471 of June 17, 1902, and which are authorized to furnish water only to the stockholders at the time
7472 any such corporation files its articles of incorporation, articles of amendment increasing the
7473 number of authorized shares, or articles of merger or consolidation, any provision of Title 16,
7474 Chapter 10a, Utah Revised Business Corporation Act, to the contrary notwithstanding.
7475 Section 127. Section 13-2-5 is amended to read:
7476 13-2-5. Powers of director.
7477 The director has authority to:
7478 (1) in accordance with [
7479 Administrative Rulemaking Act, issue rules to administer and enforce the chapters listed in
7480 Section 13-2-1 ;
7481 (2) investigate the activities of any business governed by the laws administered and
7482 enforced by the division;
7483 (3) take administrative and judicial action against persons in violation of the division
7484 rules and the laws administered and enforced by it, including the issuance of cease and desist
7485 orders;
7486 (4) coordinate, cooperate, and assist with business and industry desiring or attempting
7487 to correct unfair business practices between competitors;
7488 (5) provide consumer information and education to the public and assist any
7489 organization providing such services; and
7490 (6) coordinate with, assist, and utilize the assistance of federal, state, and local agencies
7491 in the performance of [
7492 Section 128. Section 13-2-6 is amended to read:
7493 13-2-6. Enforcement powers.
7494 (1) In accordance with [
7495 Procedures Act, the division shall have authority to convene administrative hearings, issue
7496 cease and desist orders, and impose fines under all the chapters identified in Section 13-2-1 .
7497 (2) Any person who intentionally violates a final cease and desist order entered by the
7498 division of which [
7499 (3) If the division has reasonable cause to believe that any person is engaged in
7500 violating any chapter listed in Section 13-2-1 , the division may promptly issue the alleged
7501 violator a citation signed by the division's director or [
7502 (a) Each citation shall be in writing and shall:
7503 (i) set forth with particularity the nature of the violation, including a reference to the
7504 statutory or administrative rule provision being violated;
7505 (ii) state that any request for review of the citation must be made in writing and be
7506 received by the division no more than ten days following issuance;
7507 (iii) state the consequences of failing to make a timely request for review; and
7508 (iv) state all other information required by Subsection [
7509 (b) In computing any time period prescribed by this section, the following days may
7510 not be included:
7511 (i) the day a citation is issued by the division;
7512 (ii) the day the division received a request for review of a citation;
7513 (iii) Saturdays and Sundays; and
7514 (iv) a legal holiday set forth in Subsection [
7515 (c) If the recipient of a citation makes a timely request for review, within ten days of
7516 receiving the request, the division shall convene an adjudicative proceeding in accordance with
7517 [
7518 (d) (i) If the presiding officer finds that there is not substantial evidence that the
7519 recipient violated a chapter listed in Section 13-2-1 at the time the citation was issued, the
7520 citation may not become final, and the division shall immediately vacate the citation and
7521 promptly notify the recipient in writing.
7522 (ii) If the presiding officer finds there is substantial evidence that the recipient violated
7523 a chapter listed in Section 13-2-1 at the time the citation was issued, the citation shall become
7524 final and the division may enter a cease and desist order against the recipient.
7525 (e) A citation issued under this chapter may be personally served upon any person upon
7526 whom a summons may be served in accordance with the Utah Rules of Civil Procedure. A
7527 citation also may be served by first-class mail, postage prepaid.
7528 (f) If the recipient fails to make a timely request for review, the citation shall become
7529 the final order of the division. The period to contest the citation may be extended by the
7530 director for good cause shown.
7531 (g) If the chapter violated allows for an administrative fine, after a citation becomes
7532 final, the director may impose the administrative fine.
7533 (4) (a) A person violating a chapter identified in Section 13-2-1 is subject to the
7534 division's jurisdiction if:
7535 (i) the violation or attempted violation is committed either wholly or partly within the
7536 state;
7537 (ii) conduct committed outside the state constitutes an attempt to commit a violation
7538 within the state; or
7539 (iii) transactional resources located within the state are used by the offender to directly
7540 or indirectly facilitate a violation or attempted violation.
7541 (b) As used in this section, "transactional resources" means:
7542 (i) any mail drop or mail box, whether or not located on the premises of a United States
7543 Post Office;
7544 (ii) any telephone or facsimile transmission device;
7545 (iii) any internet connection by a resident or inhabitant of this state with either a
7546 resident or nonresident maintained internet site;
7547 (iv) any business office or private residence used for a business-related purpose;
7548 (v) any account with or services of a financial institution;
7549 (vi) the services of a common or private carrier; or
7550 (vii) the use of any city, county, or state asset or facility, including any road or
7551 highway.
7552 (5) The director or [
7553 administered by the division, may administer oaths, issue subpoenas, compel the attendance of
7554 witnesses, and compel the production of papers, books, accounts, documents, and evidence.
7555 Section 129. Section 13-2-8 is amended to read:
7556 13-2-8. Consumer Protection Education and Training Fund.
7557 (1) There is created a restricted special revenue fund known as the "Consumer
7558 Protection Education and Training Fund."
7559 (2) (a) Unless otherwise provided by a chapter listed in Section 13-2-1 , all money not
7560 distributed as consumer restitution that is received by the division from administrative fines
7561 and settlements, from criminal restitution, or from civil damages, forfeitures, penalties, and
7562 settlements when the division receives the monies on its own behalf and not in a representative
7563 capacity, shall be deposited into the fund.
7564 (b) Any portion of the fund may be maintained in an interest-bearing account.
7565 (c) All interest earned on fund monies shall be deposited into the fund.
7566 (3) Notwithstanding [
7567 Act, the division may use the fund with the approval of the executive director of the
7568 Department of Commerce in a manner consistent with the duties of the division under this
7569 chapter for:
7570 (a) consumer protection education for members of the public;
7571 (b) equipment for and training of division personnel;
7572 (c) publication of consumer protection brochures, laws, policy statements, or other
7573 material relevant to the division's enforcement efforts; and
7574 (d) investigation and litigation undertaken by the division.
7575 (4) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the
7576 excess shall be transferred to the General Fund.
7577 Section 130. Section 13-2-9 is amended to read:
7578 13-2-9. Internet -- Consumer education.
7579 (1) The Division of Consumer Protection shall, subject to appropriation, contract with
7580 a person to make public service announcements advising consumers about the dangers of using
7581 the Internet, especially:
7582 (a) material harmful to minors;
7583 (b) steps a consumer may take to learn more about the dangers of using the Internet;
7584 (c) information about how a service provider can help a consumer learn more about the
7585 dangers of using the Internet, including the service provider's duties created by this bill; and
7586 (d) how a consumer can monitor the Internet usage of family members.
7587 (2) Monies appropriated under Subsection (1) shall be paid by the Division of
7588 Consumer Protection to a person only if:
7589 (a) the person is a nonprofit organization; and
7590 (b) the person agrees to spend private monies amounting to two times the amount of
7591 monies provided by the Division of Consumer Protection during each fiscal year in accordance
7592 with Subsection (1).
7593 (3) In administering any monies appropriated for use under this section, the Division of
7594 Consumer Protection shall comply with [
7595 Procurement Code.
7596 Section 131. Section 13-14-104 is amended to read:
7597 13-14-104. Powers and duties of the advisory board and the executive director.
7598 (1) (a) Except as provided in Subsection 13-14-106 (3), the advisory board shall make
7599 recommendations to the executive director on the administration and enforcement of this
7600 chapter, including adjudicative and rulemaking proceedings.
7601 (b) The executive director shall:
7602 (i) consider the advisory board's recommendations; and
7603 (ii) issue any final decision by the department.
7604 (2) The executive director, in consultation with the advisory board, shall make rules for
7605 the administration of this chapter in accordance with [
7606 3, Utah Administrative Rulemaking Act.
7607 (3) (a) An adjudicative proceeding under this chapter shall be conducted in accordance
7608 with [
7609 (b) In an adjudicative proceeding under this chapter, any order issued by the executive
7610 director:
7611 (i) shall comply with Section [
7612 formal or an informal adjudicative proceeding under [
7613 4, Administrative Procedures Act; and
7614 (ii) if the order modifies or rejects a finding of fact in a recommendation from the
7615 advisory board, shall be made on the basis of information learned from the executive director's:
7616 (A) personal attendance at the hearing; or
7617 (B) review of the record developed at the hearing.
7618 Section 132. Section 13-14-105 is amended to read:
7619 13-14-105. Registration -- Fees.
7620 (1) A franchisee or franchisor doing business in this state shall:
7621 (a) annually register or renew its registration with the department in a manner
7622 established by the department; and
7623 (b) pay an annual registration fee in an amount determined by the department in
7624 accordance with Sections 13-1-2 and [
7625 (2) The department shall register or renew the registration of a franchisee or franchisor
7626 if the franchisee or franchisor complies with this chapter and rules made by the department
7627 under this chapter.
7628 (3) A franchisee or franchisor registered under this section shall comply with this
7629 chapter and any rules made by the department under this chapter including any amendments to
7630 this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
7631 (4) The fee imposed under Subsection (1)(b) shall be collected by the department and
7632 deposited into the Commerce Service Fund.
7633 (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
7634 a franchisor does not need to be registered under this section if the franchisor is registered
7635 under this section.
7636 Section 133. Section 13-14-106 is amended to read:
7637 13-14-106. Administrative proceedings commenced by the agency.
7638 (1) Except as provided in Subsection (3), after a hearing and after receipt of the
7639 advisory board's recommendation, if the executive director finds that a person has violated this
7640 chapter or any rule made under this chapter, the executive director may:
7641 (a) issue a cease and desist order; and
7642 (b) assess an administrative fine.
7643 (2) (a) In determining the amount and appropriateness of an administrative fine under
7644 Subsection (1), the executive director shall consider:
7645 (i) the gravity of the violation;
7646 (ii) any history of previous violations; and
7647 (iii) any attempt made by the person to retaliate against another person for seeking
7648 relief under this chapter or other federal or state law relating to the motor vehicle industry.
7649 (b) In addition to any other action permitted under Subsection (1), the department may
7650 file an action with a court seeking to enforce the executive director's order and pursue the
7651 executive director's assessment of a fine in an amount not to exceed $5,000 for each day a
7652 person violates an order of the executive director.
7653 (3) (a) In addition to the grounds for issuing an order on an emergency basis listed in
7654 Subsection [
7655 emergency basis if the executive director determines that irreparable damage is likely to occur
7656 if immediate action is not taken.
7657 (b) In issuing an emergency order under Subsection (3)(a) the executive director shall
7658 comply with the requirements of Subsections [
7659 Section 134. Section 13-14-107 is amended to read:
7660 13-14-107. Administrative proceedings -- Request for agency action.
7661 (1) (a) A person may commence an adjudicative proceeding in accordance with this
7662 chapter and [
7663 to:
7664 (i) remedy a violation of this chapter;
7665 (ii) obtain approval of an act regulated by this chapter; or
7666 (iii) obtain any determination that this chapter specifically authorizes that person to
7667 request.
7668 (b) A person shall commence an adjudicative proceeding by filing a request for agency
7669 action in accordance with Section [
7670 (2) After receipt of the advisory board's recommendation, the executive director shall
7671 apportion in a fair and equitable manner between the parties any costs of the adjudicative
7672 proceeding, including reasonable [
7673 Section 135. Section 13-15-4 is amended to read:
7674 13-15-4. Information to be filed by seller -- Representations.
7675 (1) Any seller of an assisted marketing plan shall file the following information with
7676 the division:
7677 (a) the name, address, and principal place of business of the seller, and the name,
7678 address, and principal place of business of the parent or holding company of the seller, if any,
7679 who is responsible for statements made by the seller;
7680 (b) all trademarks, trade names, service marks, or advertising or other commercial
7681 symbols that identify the products, equipment, supplies, or services to be offered, sold, or
7682 distributed by the prospective purchaser;
7683 (c) an individual detailed statement covering the past five years of the business
7684 experience of each of the seller's current directors and executive officers and an individual
7685 statement covering the same period for the seller and the seller's parent company, if any,
7686 including the length of time each:
7687 (i) has conducted a business of the type advertised or solicited for operation by a
7688 prospective purchaser;
7689 (ii) has offered or sold the assisted marketing plan; and
7690 (iii) has offered for sale or sold assisted marketing plans in other lines of business,
7691 together with a description of the other lines of business;
7692 (d) a statement of the total amount that must be paid by the purchaser to obtain or
7693 commence the business opportunity such as initial fees, deposits, down payments, prepaid rent,
7694 and equipment and inventory purchases; provided, that if all or part of these fees or deposits are
7695 returnable, the conditions under which they are returnable shall also be disclosed;
7696 (e) a complete statement of the actual services the seller will perform for the purchaser;
7697 (f) a complete statement of all oral, written, or visual representations that will be made
7698 to prospective purchasers about specific levels of potential sales, income, gross and net profits,
7699 or any other representations that suggest a specific level;
7700 (g) a complete description of the type and length of any training promised to
7701 prospective purchasers;
7702 (h) a complete description of any services promised to be performed by the seller in
7703 connection with the placement of the equipment, products, or supplies at any location from
7704 which they will be sold or used; and a complete description of those services together with any
7705 agreements that will be made by the seller with the owner or manager of the location where the
7706 purchaser's equipment, products, or supplies will be placed;
7707 (i) a statement that discloses any person identified in Subsection (1)(a) who:
7708 (i) has been convicted of a felony or misdemeanor or pleaded nolo contendere to a
7709 felony or misdemeanor charge if the felony or misdemeanor involved fraud, embezzlement,
7710 fraudulent conversion, or misappropriation of property;
7711 (ii) has been held liable or consented to the entry of a stipulated judgment in any civil
7712 action based upon fraud, embezzlement, fraudulent conversion, misappropriation of property,
7713 or the use of untrue or misleading representations in the sale or attempted sale of any real or
7714 personal property, or upon the use of any unfair, unlawful or deceptive business practice; or
7715 (iii) is subject to an injunction or restrictive order relating to business activity as the
7716 result of an action brought by a public agency;
7717 (j) a financial statement of the seller signed by one of the seller's officers, directors,
7718 trustees, or general or limited partners, under a declaration that certifies that to the signatory's
7719 knowledge and belief the information in the financial statement is true and accurate; a financial
7720 statement that is more than 13 months old is unacceptable;
7721 (k) a copy of the entire marketing plan contract;
7722 (l) the number of marketing plans sold to date, and the number of plans under
7723 negotiation;
7724 (m) geographical information including all states in which the seller's assisted
7725 marketing plans have been sold, and the number of plans in each such state;
7726 (n) the total number of marketing plans that were cancelled by the seller in the past 12
7727 months; and
7728 (o) the number of marketing plans that were voluntarily terminated by purchasers
7729 within the past 12 months and the total number of such voluntary terminations to date.
7730 (2) The seller of an assisted marketing plan filing information under Subsection (1)
7731 shall pay a fee as determined by the department in accordance with Section [
7732 63J-1-303 .
7733 (3) Before commencing business in this state, the seller of an assisted marketing plan
7734 shall file the information required under Subsection (1) and receive from the division proof of
7735 receipt of the filing.
7736 (4) A seller of an assisted marketing plan claiming an exemption from filing under this
7737 chapter shall file a notice of claim of exemption from filing with the division. A seller
7738 claiming an exemption from filing bears the burden of proving the exemption. The division
7739 shall collect a fee for filing a notice of claim of exemption, as determined by the department in
7740 accordance with Section [
7741 (5) A representation described in Subsection (1)(f) shall be relevant to the geographic
7742 market in which the business opportunity is to be located. When the statements or
7743 representations are made, a warning after the representation in not less than 12 point upper and
7744 lower case boldface type shall appear as follows:
7745
7746 No guarantee of earnings or ranges of earnings can be made. The number of purchasers
7747 who have earned through this business an amount in excess of the amount of their initial
7748 payment is at least _____ which represents _____% of the total number of purchasers of this
7749 business opportunity.
7750 Section 136. Section 13-15-4.5 is amended to read:
7751 13-15-4.5. Notice of exemption filing.
7752 (1) (a) Any franchise exempt from this chapter pursuant to Subsection
7753 13-15-2 (1)(b)(iii) shall, prior to offering for sale or selling a franchise to be located in this state
7754 or to a resident of this state, file with the division a notice that the franchisor is in substantial
7755 compliance with the requirements of the Federal Trade Commission rule found at Title 16,
7756 Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements and
7757 Prohibitions Concerning Franchising and Business Opportunity Ventures, together with a filing
7758 fee determined by the department pursuant to Section [
7759 $100.
7760 (b) The notice shall state:
7761 (i) the name of the applicant;
7762 (ii) the name of the franchise;
7763 (iii) the name under which the applicant intends to or does transact business, if
7764 different than the name of the franchise;
7765 (iv) the applicant's principal business address; and
7766 (v) the applicant's federal employer identification number.
7767 (2) (a) The initial exemption granted under this section is for a period of one year from
7768 the date of filing the notice.
7769 (b) The exemption may be renewed each year for an additional one-year period upon
7770 filing a notice for renewal and paying a renewal fee determined pursuant to Section [
7771 63J-1-303 , not to exceed $100.
7772 (3) The division may make rules to implement this section.
7773 Section 137. Section 13-21-3 is amended to read:
7774 13-21-3. Credit services organizations -- Prohibitions.
7775 (1) A credit services organization, its salespersons, agents, and representatives, and
7776 independent contractors who sell or attempt to sell the services of a credit services organization
7777 may not do any of the following:
7778 (a) conduct any business regulated by this chapter without first:
7779 (i) securing a certificate of registration from the division; and
7780 (ii) unless exempted under Section 13-21-4 , posting a bond, letter of credit, or
7781 certificate of deposit with the division in the amount of $100,000;
7782 (b) make a false statement, or fail to state a material fact, in connection with an
7783 application for registration with the division;
7784 (c) charge or receive any money or other valuable consideration prior to full and
7785 complete performance of the services the credit services organization has agreed to perform for
7786 the buyer;
7787 (d) dispute or challenge, or assist a person in disputing or challenging an entry in a
7788 credit report prepared by a consumer reporting agency without a factual basis for believing and
7789 obtaining a written statement for each entry from the person stating that that person believes
7790 that the entry contains a material error or omission, outdated information, inaccurate
7791 information, or unverifiable information;
7792 (e) charge or receive any money or other valuable consideration solely for referral of
7793 the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will
7794 be extended to the buyer is upon substantially the same terms as those available to the general
7795 public;
7796 (f) make, or counsel or advise any buyer to make, any statement that is untrue or
7797 misleading and that is known, or that by the exercise of reasonable care should be known, to be
7798 untrue or misleading, to a credit reporting agency or to any person who has extended credit to a
7799 buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's
7800 creditworthiness, credit standing, or credit capacity;
7801 (g) make or use any untrue or misleading representations in the offer or sale of the
7802 services of a credit services organization or engage, directly or indirectly, in any act, practice,
7803 or course of business that operates or would operate as fraud or deception upon any person in
7804 connection with the offer or sale of the services of a credit services organization; and
7805 (h) transact any business as a credit services organization, as defined in Section
7806 13-21-2 , without first having registered with the division by paying an annual fee set pursuant
7807 to Section [
7808 as required by Subsection (1).
7809 (2) (a) A bond, letter of credit from a Utah depository, or certificate of deposit posted
7810 with the division shall be used to cover the losses of any person arising from a violation of this
7811 chapter by the posting credit services organization. A bond, letter of credit, or certificate of
7812 deposit may also be used to satisfy administrative fines and civil damages arising from any
7813 enforcement action against the posting credit service organization.
7814 (b) A bond, letter of credit, or certificate of deposit shall remain in force:
7815 (i) until replaced by a bond, letter of credit, or certificate of deposit of identical or
7816 superior coverage; or
7817 (ii) for one year after the credit servicing organization notifies the division in writing
7818 that it has ceased all activities regulated by this chapter.
7819 Section 138. Section 13-22-3 is amended to read:
7820 13-22-3. Investigative and enforcement powers -- Education.
7821 (1) The division may make any investigation it considers necessary to determine
7822 whether any person is violating, has violated, or is about to violate any provision of this chapter
7823 or any rule made or order issued under this chapter. As part of the investigation, the division
7824 may:
7825 (a) require a person to file a statement in writing;
7826 (b) administer oaths, subpoena witnesses and compel their attendance, take evidence,
7827 and examine under oath any person in connection with an investigation; and
7828 (c) require the production of any books, papers, documents, merchandise, or other
7829 material relevant to the investigation.
7830 (2) Whenever it appears to the director that substantial evidence exists that any person
7831 has engaged in, is engaging in, or is about to engage in any act or practice prohibited in this
7832 chapter or constituting a violation of this chapter or any rule made or order issued under this
7833 chapter, the director may do any of the following in addition to other specific duties under this
7834 chapter:
7835 (a) in accordance with [
7836 Procedures Act, the director may issue an order to cease and desist from engaging in the act or
7837 practice or from doing any act in furtherance of the activity; or
7838 (b) the director may bring an action in the appropriate district court of this state to
7839 enjoin the acts or practices constituting the violation or to enforce compliance with this chapter
7840 or any rule made or order issued under this chapter.
7841 (3) Whenever it appears to the director by a preponderance of the evidence that a
7842 person has engaged in or is engaging in any act or practice prohibited in this chapter or
7843 constituting a violation of this chapter or any rule made or order issued under this chapter, the
7844 director may assess an administrative fine of up to $500 per violation up to $10,000 for any
7845 series of violations arising out of the same operative facts.
7846 (4) Upon a proper showing, the court hearing an action brought under Subsection
7847 (2)(b) may:
7848 (a) issue an injunction;
7849 (b) enter a declaratory judgment;
7850 (c) appoint a receiver for the defendant or the defendant's assets;
7851 (d) order disgorgement of any money received in violation of this chapter;
7852 (e) order rescission of agreements violating this chapter;
7853 (f) impose a fine of not more than $2,000 for each violation of this chapter; and
7854 (g) impose a civil penalty, or any other relief the court considers just.
7855 (5) (a) In assessing the amount of a fine or penalty under Subsection (3), (4)(f), or
7856 (4)(g), the director or court imposing the fine or penalty shall consider the gravity of the
7857 violation and the intent of the violator.
7858 (b) If it does not appear by a preponderance of the evidence that the violator acted in
7859 bad faith or with intent to harm the public, the director or court shall excuse payment of the
7860 fine or penalty.
7861 (6) The division may provide or contract to provide public education and voluntary
7862 education for applicants and registrants under this chapter. The education may be in the form
7863 of publications, advertisements, seminars, courses, or other appropriate means. The scope of
7864 the education may include:
7865 (a) the requirements, prohibitions, and regulated practices under this chapter;
7866 (b) suggestions for effective financial and organizational practices for charitable
7867 organizations;
7868 (c) charitable giving and solicitation;
7869 (d) potential problems with solicitations and fraudulent or deceptive practices; and
7870 (e) any other matter relevant to the subject of this chapter.
7871 Section 139. Section 13-22-6 is amended to read:
7872 13-22-6. Application for registration.
7873 (1) An applicant for registration or renewal of registration as a charitable organization
7874 shall:
7875 (a) pay an application fee as determined under Section [
7876 (b) submit an application on a form approved by the division which shall include:
7877 (i) the organization's name, address, telephone number, facsimile number, if any, and
7878 the names and addresses of any organizations or persons controlled by, controlling, or affiliated
7879 with the applicant;
7880 (ii) the specific legal nature of the organization, that is, whether it is an individual, joint
7881 venture, partnership, limited liability company, corporation, association, or other entity;
7882 (iii) the names and residence addresses of the officers and directors of the organization;
7883 (iv) the name and address of the registered agent for service of process and a consent to
7884 service of process;
7885 (v) the purpose of the solicitation and use of the contributions to be solicited;
7886 (vi) the method by which the solicitation will be conducted and the projected length of
7887 time it is to be conducted;
7888 (vii) the anticipated expenses of the solicitation, including all commissions, costs of
7889 collection, salaries, and any other items;
7890 (viii) a statement of what percentage of the contributions collected as a result of the
7891 solicitation are projected to remain available for application to the charitable purposes declared
7892 in the application, including a satisfactory statement of the factual basis for the projected
7893 percentage;
7894 (ix) a statement of total contributions collected or received by the organization within
7895 the calendar year immediately preceding the date of the application, including a description of
7896 the expenditures made from or the use made of the contributions;
7897 (x) a copy of any written agreements with any professional fund raiser involved with
7898 the solicitation;
7899 (xi) disclosure of any injunction, judgment, or administrative order or conviction of
7900 any crime involving moral turpitude with respect to any officer, director, manager, operator, or
7901 principal of the organization;
7902 (xii) a copy of all agreements to which the applicant is, or proposes to be, a party
7903 regarding the use of proceeds for the solicitation or fundraising;
7904 (xiii) a statement of whether or not the charity, or its parent foundation, will be using
7905 the services of a professional fund raiser or of a professional fund raising counsel or consultant;
7906 (xiv) if either the charity or its parent foundation will be using the services of a
7907 professional fund raiser or a professional fund raising counsel or consultant:
7908 (A) a copy of all agreements related to the services; and
7909 (B) an acknowledgment that fund raising in the state will not commence until both the
7910 charitable organization, its parent foundation, if any, and the professional fund raiser or
7911 professional fund raising counsel or consultant are registered and in compliance with this
7912 chapter; and
7913 (xv) any additional information the division may require by rule.
7914 (2) If any information contained in the application for registration becomes incorrect or
7915 incomplete, the applicant or registrant shall, within 30 days after the information becomes
7916 incorrect or incomplete, correct the application or file the complete information required by the
7917 division.
7918 (3) In addition to the registration fee, an organization failing to file a registration
7919 application or renewal by the due date or filing an incomplete registration application or
7920 renewal shall pay an additional fee of $25 for each month or part of a month after the date on
7921 which the registration application or renewal were due to be filed.
7922 Section 140. Section 13-22-8 is amended to read:
7923 13-22-8. Exemptions.
7924 (1) Section 13-22-5 does not apply to:
7925 (a) a solicitation that an organization conducts among its own established and bona fide
7926 membership exclusively through the voluntarily donated efforts of other members or officers of
7927 the organization;
7928 (b) a bona fide religious, ecclesiastical, or denominational organization if:
7929 (i) the solicitation is made for a church, missionary, religious, or humanitarian purpose;
7930 and
7931 (ii) the organization is either:
7932 (A) a lawfully organized corporation, institution, society, church, or established
7933 physical place of worship, at which nonprofit religious services and activities are regularly
7934 conducted and carried on;
7935 (B) a bona fide religious group:
7936 (I) that does not maintain specific places of worship;
7937 (II) that is not subject to federal income tax; and
7938 (III) not required to file an IRS Form 990 under any circumstance; or
7939 (C) a separate group or corporation that is an integral part of an institution that is an
7940 income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) and is not primarily supported
7941 by funds solicited outside its own membership or congregation;
7942 (c) a solicitation by a broadcast media owned or operated by an educational institution
7943 or governmental entity, or any entity organized solely for the support of that broadcast media;
7944 (d) except as provided in Subsection 13-22-21 (1), a solicitation for the relief of any
7945 person sustaining a life-threatening illness or injury specified by name at the time of
7946 solicitation if the entire amount collected without any deduction is turned over to the named
7947 person;
7948 (e) a political party authorized to transact its affairs within this state and any candidate
7949 and campaign worker of the party if the content and manner of any solicitation make clear that
7950 the solicitation is for the benefit of the political party or candidate;
7951 (f) a political action committee or group soliciting funds relating to issues or candidates
7952 on the ballot if the committee or group is required to file financial information with a federal or
7953 state election commission;
7954 (g) any school accredited by the state, any accredited institution of higher learning, or
7955 club or parent, teacher, or student organization within and authorized by the school in support
7956 of the operations or extracurricular activities of the school;
7957 (h) a public or higher education foundation established under Title 53A or 53B;
7958 (i) a television station, radio station, or newspaper of general circulation that donates
7959 air time or print space for no consideration as part of a cooperative solicitation effort on behalf
7960 of a charitable organization, whether or not that organization is required to register under this
7961 chapter;
7962 (j) a volunteer fire department, rescue squad, or local civil defense organization whose
7963 financial oversight is under the control of a local governmental entity;
7964 (k) any governmental unit of any state or the United States; and
7965 (l) any corporation:
7966 (i) established by an act of the United States Congress; and
7967 (ii) that is required by federal law to submit an annual report:
7968 (A) on the activities of the corporation, including an itemized report of all receipts and
7969 expenditures of the corporation; and
7970 (B) to the United States Secretary of Defense to be:
7971 (I) audited; and
7972 (II) submitted to the United States Congress.
7973 (2) Any organization claiming an exemption under this section bears the burden of
7974 proving its eligibility for, or the applicability of, the exemption claimed.
7975 (3) Each organization exempt from registration pursuant to this section that makes a
7976 material change in its legal status, officers, address, or similar changes shall file a report
7977 informing the division of its current legal status, business address, business phone, officers, and
7978 primary contact person within 30 days of the change.
7979 (4) The division may by rule:
7980 (a) require organizations exempt from registration pursuant to this section to file a
7981 notice of claim of exemption;
7982 (b) prescribe the contents of the notice of claim; and
7983 (c) require a filing fee for the notice, as determined under Section [
7984 63J-1-303 .
7985 Section 141. Section 13-22-9 is amended to read:
7986 13-22-9. Professional fund raiser's or fund raising counsel's or consultant's
7987 permit.
7988 (1) It is unlawful for any person or entity to act as a professional fund raiser or
7989 professional fund raising counsel or consultant, whether or not representing an organization
7990 exempt from registration under Section 13-22-8 , without first obtaining a permit from the
7991 division by complying with all of the following application requirements:
7992 (a) pay an application fee as determined under Section [
7993 (b) submit a written application, verified under oath, on a form approved by the
7994 division that includes:
7995 (i) the applicant's name, address, telephone number, facsimile number, if any;
7996 (ii) the name and address of any organization or person controlled by, controlling, or
7997 affiliated with the applicant;
7998 (iii) the applicant's business, occupation, or employment for the three-year period
7999 immediately preceding the date of the application;
8000 (iv) whether it is an individual, joint venture, partnership, limited liability company,
8001 corporation, association, or other entity;
8002 (v) the names and residence addresses of any officer or director of the applicant;
8003 (vi) the name and address of the registered agent for service of process and a consent to
8004 service of process;
8005 (vii) if a professional fund raiser:
8006 (A) the purpose of the solicitation and use of the contributions to be solicited;
8007 (B) the method by which the solicitation will be conducted and the projected length of
8008 time it is to be conducted;
8009 (C) the anticipated expenses of the solicitation, including all commissions, costs of
8010 collection, salaries, and any other items;
8011 (D) a statement of what percentage of the contributions collected as a result of the
8012 solicitation are projected to remain available to the charitable organization declared in the
8013 application, including a satisfactory statement of the factual basis for the projected percentage
8014 and projected anticipated revenues provided to the charitable organization, and if a flat fee is
8015 charged, documentation to support the reasonableness of the flat fee; and
8016 (E) a statement of total contributions collected or received by the professional fund
8017 raiser within the calendar year immediately preceding the date of the application, including a
8018 description of the expenditures made from or the use made of the contributions;
8019 (viii) if a professional fund raising counsel or consultant:
8020 (A) the purpose of the plan, management, advise, counsel or preparation of materials
8021 for, or respect to the solicitation and use of the contributions solicited;
8022 (B) the method by which the plan, management, advise, counsel, or preparation of
8023 materials for, or respect to the solicitation will be organized or coordinated and the projected
8024 length of time of the solicitation;
8025 (C) the anticipated expenses of the plan, management, advise, counsel, or preparation
8026 of materials for, or respect to the solicitation, including all commissions, costs of collection,
8027 salaries, and any other items;
8028 (D) a statement of total fees to be earned or received from the charitable organization
8029 declared in the application, and what percentage of the contributions collected as a result of the
8030 plan, management, advise, counsel, or preparation of materials for, or respect to the solicitation
8031 are projected after deducting the total fees to be earned or received remain available to the
8032 charitable organization declared in the application, including a satisfactory statement of the
8033 factual basis for the projected percentage and projected anticipated revenues provided to the
8034 charitable organization, and if a flat fee is charged, documentation to support the
8035 reasonableness of such flat fee; and
8036 (E) a statement of total net fees earned or received within the calendar year
8037 immediately preceding the date of the application, including a description of the expenditures
8038 made from or the use of the net earned or received fees in the planning, management, advising,
8039 counseling, or preparation of materials for, or respect to the solicitation and use of the
8040 contributions solicited for the charitable organization;
8041 (ix) disclosure of any injunction, judgment, or administrative order against the
8042 applicant or the applicant's conviction of any crime involving moral turpitude;
8043 (x) a copy of any written agreements with any charitable organization;
8044 (xi) the disclosure of any injunction, judgment, or administrative order or conviction of
8045 any crime involving moral turpitude with respect to any officer, director, manager, operator, or
8046 principal of the applicant;
8047 (xii) a copy of all agreements to which the applicant is, or proposes to be, a party
8048 regarding the use of proceeds;
8049 (xiii) an acknowledgment that fund raising in the state will not commence until both
8050 the professional fund raiser or professional fund raising counsel or consultant and the charity,
8051 its parent foundation, if any, are registered and in compliance with this chapter; and
8052 (xiv) any additional information the division may require by rule.
8053 (2) If any information contained in the application for a permit becomes incorrect or
8054 incomplete, the applicant or registrant shall, within 30 days after the information becomes
8055 incorrect or incomplete, correct the application or file the complete information required by the
8056 division.
8057 (3) In addition to the permit fee, an applicant failing to file a permit application or
8058 renewal by the due date or filing an incomplete permit application or renewal shall pay an
8059 additional fee of $25 for each month or part of a month after the date on which the permit
8060 application or renewal were due to be filed.
8061 Section 142. Section 13-22-12 is amended to read:
8062 13-22-12. Grounds for denial, suspension, or revocation.
8063 (1) The director may, in accordance with [
8064 Administrative Procedures Act, issue an order to deny, suspend, or revoke an application,
8065 registration, permit, or information card, upon a finding that the order is in the public interest
8066 and that:
8067 (a) the application for registration or renewal is incomplete or misleading in any
8068 material respect;
8069 (b) the applicant or registrant or any officer, director, agent, or employee of the
8070 applicant or registrant has:
8071 (i) violated this chapter or committed any of the prohibited acts and practices described
8072 in this chapter;
8073 (ii) been enjoined by any court, or is the subject of an administrative order issued in
8074 this or another state, if the injunction or order includes a finding or admission of fraud, breach
8075 of fiduciary duty, material misrepresentation, or if the injunction or order was based on a
8076 finding of lack of integrity, truthfulness, or mental competence of the applicant;
8077 (iii) been convicted of a crime involving moral turpitude;
8078 (iv) obtained or attempted to obtain a registration or a permit by misrepresentation;
8079 (v) materially misrepresented or caused to be misrepresented the purpose and manner
8080 in which contributed funds and property will be used in connection with any solicitation;
8081 (vi) caused or allowed any paid solicitor to violate any rule made or order issued under
8082 this chapter by the division;
8083 (vii) failed to take corrective action with its solicitors who have violated this chapter or
8084 committed any of the prohibited acts and practices of this chapter;
8085 (viii) used, or attempted to use a name that either is deceptively similar to a name used
8086 by an existing registered or exempt charitable organization, or appears reasonably likely to
8087 cause confusion of names;
8088 (ix) failed to timely file with the division any report required in this chapter or by rules
8089 made under this chapter; or
8090 (x) failed to pay a fine imposed by the division in accordance with Section 13-22-3 ; or
8091 (c) the applicant for registration or renewal has no charitable purpose.
8092 (2) The director may, in accordance with [
8093 Administrative Procedures Act, issue an order to revoke or suspend a claim of exemption filed
8094 under Subsection 13-22-8 (4), upon a finding that the order is in the public interest and that:
8095 (a) the notice of claim of exemption is incomplete or false or misleading in any
8096 material respect; or
8097 (b) any provision of this chapter, or any rule made or order issued by the division under
8098 this chapter has been violated in connection with a charitable solicitation by any exempt
8099 organization.
8100 Section 143. Section 13-23-5 is amended to read:
8101 13-23-5. Registration -- Bond, letter of credit, or certificate of deposit required --
8102 Penalties.
8103 (1) (a) (i) It is unlawful for any health spa facility to operate in this state unless the
8104 facility is registered with the division.
8105 (ii) Registration is effective for one year. If the health spa facility renews its
8106 registration, the registration shall be renewed at least 30 days prior to its expiration.
8107 (iii) The division shall provide by rule for the form, content, application process, and
8108 renewal process of the registration.
8109 (b) Each health spa registering in this state shall designate a registered agent for
8110 receiving service of process. The registered agent shall be reasonably available from 8 a.m.
8111 until 5 p.m. during normal working days.
8112 (c) The division shall charge and collect a fee for registration under guidelines
8113 provided in Section [
8114 (d) If an applicant fails to file a registration application or renewal by the due date, or
8115 files an incomplete registration application or renewal, the applicant shall pay a fee of $25 for
8116 each month or part of a month after the date on which the registration application or renewal
8117 were due to be filed, in addition to the registration fee described in Subsection (1)(c).
8118 (2) (a) Each health spa shall obtain and maintain:
8119 (i) a performance bond issued by a surety authorized to transact surety business in this
8120 state;
8121 (ii) an irrevocable letter of credit issued by a financial institution authorized to do
8122 business in this state; or
8123 (iii) a certificate of deposit.
8124 (b) The bond, letter of credit, or certificate of deposit shall be payable to the division
8125 for the benefit of any consumer who incurs damages as the result of:
8126 (i) the health spa's violation of this chapter; or
8127 (ii) the health spa's going out of business or relocating and failing to offer an alternate
8128 location within five miles.
8129 (c) (i) The division may recover from the bond, letter of credit, or certificate of deposit
8130 the costs of collecting and distributing funds under this section, up to 10% of the face value of
8131 the bond, letter of credit, or certificate of deposit but only if the consumers have fully recovered
8132 their damages first.
8133 (ii) The total liability of the issuer of the bond, letter of credit, or certificate of deposit
8134 may not exceed the amount of the bond, letter of credit, or certificate of deposit.
8135 (iii) The health spa shall maintain a bond, letter of credit, or certificate of deposit in
8136 force for one year after it notifies the division in writing that it has ceased all activities
8137 regulated by this chapter.
8138 (d) A health spa providing services at more than one location shall comply with the
8139 requirements of Subsection (2)(a) for each separate location.
8140 (e) The division may impose a fine against a health spa that fails to comply with the
8141 requirements of Subsection (2)(a) of up to $100 per day that the health spa remains out of
8142 compliance. All penalties received shall be deposited into the Consumer Protection Education
8143 and Training Fund created in Section 13-2-8 .
8144 (3) (a) The minimum principal amount of the bond, letter of credit, or certificate of
8145 credit required under Subsection (2) shall be based on the number of unexpired contracts for
8146 health spa services to which the health spa is a party, in accordance with the following
8147 schedule:
8148 Principal Amount of Number of Contracts
8149 Bond, Letter of Credit,
8150 or Certificate of Deposit
8151 $15,000 500 or fewer
8152 35,000 501 to 1,500
8153 50,000 1,500 to 3,000
8154 75,000 3,001 or more
8155 (b) A health spa that is not exempt under Section 13-23-6 shall comply with
8156 Subsection (3)(a) with respect to all of the health spa's unexpired contracts for health spa
8157 services, regardless of whether a portion of those contracts satisfy the criteria in Section
8158 13-23-6 .
8159 (4) Each health spa shall obtain the bond, letter of credit, or certificate of deposit and
8160 furnish a certified copy of the bond, letter of credit, or certificate of deposit to the division prior
8161 to selling, offering or attempting to sell, soliciting the sale of, or becoming a party to any
8162 contract to provide health spa services. A health spa is considered to be in compliance with
8163 this section only if the proof provided to the division shows that the bond, letter of credit, or
8164 certificate of credit is current.
8165 (5) Each health spa shall:
8166 (a) maintain accurate records of the bond, letter of credit, or certificate of credit and of
8167 any payments made, due, or to become due to the issuer; and
8168 (b) open the records to inspection by the division at any time during normal business
8169 hours.
8170 (6) If a health spa changes ownership, ceases operation, discontinues facilities, or
8171 relocates and fails to offer an alternate location within five miles within 30 days after its
8172 closing, the health spa is subject to the requirements of this section as if it were a new health
8173 spa coming into being at the time the health spa changed ownership. The former owner may
8174 not release, cancel, or terminate the owner's liability under any bond, letter of credit, or
8175 certificate of deposit previously filed with the division, unless:
8176 (a) the new owner has filed a new bond, letter of credit, or certificate of deposit for the
8177 benefit of consumers covered under the previous owner's bond, letter of credit, or certificate of
8178 deposit; or
8179 (b) the former owner has refunded all unearned payments to consumers.
8180 (7) If a health spa ceases operation or relocates and fails to offer an alternative location
8181 within five miles, the health spa shall provide the division with 45 days prior notice.
8182 Section 144. Section 13-25a-109 is amended to read:
8183 13-25a-109. No-call database.
8184 (1) (a) In accordance with Subsection (1)(b), the division shall establish and provide for
8185 the operation of a no-call database to compile a list of telephone numbers of persons who have
8186 provided notice of the person's objection to receiving an unsolicited telephone call.
8187 (b) The no-call database described in Subsection (1)(a) shall consist of the Utah
8188 telephone numbers contained in the national "do-not-call" registry established and maintained
8189 by the Federal Trade Commission pursuant to 16 C.F.R. 310.4(b)(1)(iii)(B).
8190 (2) In accordance with [
8191 Administrative Rulemaking Act, the division may adopt rules to:
8192 (a) define the improper use of the no-call database;
8193 (b) define administrative fines for the improper use of the no-call database, which may
8194 not be greater than those imposed for a violation of the national "do-not-call" registry described
8195 in Subsection (1)(b); and
8196 (c) define administrative fines against a person that registers another person to the
8197 no-call database without that person's consent.
8198 (3) Information contained in the no-call database maintained under this section shall be
8199 classified as private under [
8200 Access and Management Act, and shall be used only for purposes of:
8201 (a) compliance with this chapter; or
8202 (b) a proceeding or action to enforce this chapter.
8203 Section 145. Section 13-26-3 is amended to read:
8204 13-26-3. Registration and bond required.
8205 (1) (a) Unless exempt under Section 13-26-4 , each telephone soliciting business shall
8206 register annually with the division before engaging in telephone solicitations if:
8207 (i) the telephone soliciting business engages in telephone solicitations that:
8208 (A) originate in Utah; or
8209 (B) are received in Utah; or
8210 (ii) the telephone soliciting business conducts any business operations in Utah.
8211 (b) The registration form shall designate an agent residing in this state who is
8212 authorized by the telephone soliciting business to receive service of process in any action
8213 brought by this state or a resident of this state.
8214 (c) If a telephone soliciting business fails to designate an agent to receive service or
8215 fails to appoint a successor to the agent:
8216 (i) the business' application for an initial or renewal registration shall be denied; and
8217 (ii) any current registration shall be suspended until an agent is designated.
8218 (2) The division may impose an annual registration fee set pursuant to Section
8219 [
8220 (3) (a) Each telephone soliciting business engaging in telephone solicitation or sales in
8221 this state shall obtain and maintain the following security:
8222 (i) a performance bond issued by a surety authorized to transact surety business in this
8223 state;
8224 (ii) an irrevocable letter of credit issued by a financial institution authorized to do
8225 business in this state; or
8226 (iii) a certificate of deposit held in this state in a depository institution regulated by the
8227 Department of Financial Institutions.
8228 (b) The bond, letter of credit, or certificate of deposit shall be payable to the division
8229 for the benefit of any consumer who incurs damages as the result of any telephone solicitation
8230 or sales violation of this chapter.
8231 (c) The division may recover from the bond, letter of credit, or certificate of deposit
8232 investigative costs, attorneys' fees, and other costs of collecting and distributing funds under
8233 this section and the costs of promoting consumer education, but only if the consumer has first
8234 recovered full damages.
8235 (d) A telephone soliciting business shall keep a bond, certificate of deposit, or letter of
8236 credit in force for one year after it notifies the division in writing that it has ceased all activities
8237 regulated by this chapter.
8238 (e) The amount to be posted in the form of a bond, irrevocable letter of credit, or
8239 certificate of deposit shall be:
8240 (i) $25,000 if:
8241 (A) neither the telephone soliciting business nor any affiliated person has violated this
8242 chapter within three years preceding the date of the application; and
8243 (B) the telephone soliciting business has fewer than ten employees;
8244 (ii) $50,000 if:
8245 (A) neither the telephone soliciting business nor any affiliated person has violated this
8246 chapter within three years preceding the date of the application; and
8247 (B) the telephone soliciting business has ten or more employees; or
8248 (iii) $75,000 if the telephone soliciting business or any affiliated person has violated
8249 this chapter within three years preceding the date of the application.
8250 (f) For purposes of Subsection (3)(e) an "affiliated person" means a contractor,
8251 director, employee, officer, owner, or partner of the telephone soliciting business.
8252 (4) The division may establish by rule the registration requirements for telephone
8253 soliciting businesses under the terms of [
8254 Administrative Rulemaking Act. An administrative proceeding conducted by the division
8255 under this chapter shall comply with the requirements of [
8256 Chapter 4, Administrative Procedures Act.
8257 (5) The division director may revoke a registration under this section for any violation
8258 of this chapter.
8259 Section 146. Section 13-32a-106.5 is amended to read:
8260 13-32a-106.5. Confidentiality of pawn and purchase transactions.
8261 (1) All pawn and purchase transaction records delivered to a local law enforcement
8262 official or transmitted to the central database pursuant to Section 13-32a-106 are protected
8263 records under Section [
8264 enforcement officials and the division and only for the law enforcement and administrative
8265 enforcement purposes of:
8266 (a) investigating possible criminal conduct involving the property delivered to the
8267 pawnbroker in a pawn or purchase transaction;
8268 (b) investigating a pawnbroker's possible violation of the record keeping or reporting
8269 requirements of this chapter when the local law enforcement official, based on a review of the
8270 records and information received, has reason to believe that a violation has occurred;
8271 (c) responding to an inquiry from a person claiming ownership of described property
8272 by searching the database to determine if property matching the description has been delivered
8273 to a pawnbroker by another person in a pawn or purchase transaction and if so, obtaining from
8274 the database:
8275 (i) a description of the property;
8276 (ii) the name and address of the pawnbroker who received the property; and
8277 (iii) the name, address, and date of birth of the conveying person; and
8278 (d) take enforcement action under Section 13-2-5 against a pawnbroker.
8279 (2) (a) A person may not knowingly and intentionally use, release, publish, or
8280 otherwise make available to any person or entity any information obtained from the database
8281 for any purpose other than those specified in Subsection (1).
8282 (b) Each separate violation of this Subsection (2) is subject to a civil penalty not to
8283 exceed $250.
8284 Section 147. Section 13-32a-111 is amended to read:
8285 13-32a-111. Fees to fund training and central database.
8286 (1) On and after January 1, 2005, each pawnshop or secondhand merchandise dealer in
8287 operation shall annually pay $250 to the division, to be deposited in the account.
8288 (2) On and after January 1, 2005, each law enforcement agency that participates in the
8289 use of the database shall annually pay to the division a fee of $2 per sworn law enforcement
8290 officer who is employed by the agency as of January 1 of that year. The fee shall be deposited
8291 in the account.
8292 (3) The fees under Subsections (1) and (2) shall be paid to the account annually on or
8293 before January 30.
8294 (4) (a) If a law enforcement agency outside Utah requests access to the central
8295 database, the requesting agency shall pay a yearly fee of $750 for the fiscal year beginning July
8296 1, 2006, which shall be deposited in the account.
8297 (b) The board may establish the fee amount for fiscal years beginning on and after July
8298 1, 2007 under Section [
8299 Section 148. Section 13-34-104 is amended to read:
8300 13-34-104. Prohibited acts -- Exceptions -- Responsibilities of proprietary schools.
8301 (1) Except as provided in this chapter, a proprietary school may not offer, sell, or
8302 award a degree or any other type of educational credential unless the student has enrolled in
8303 and successfully completed a prescribed program of study as outlined in the proprietary
8304 school's catalogue.
8305 (2) The prohibition described in Subsection (1) does not apply to:
8306 (a) honorary credentials clearly designated as such on the front side of a diploma; or
8307 (b) certificates and awards by a proprietary school that offers other educational
8308 credentials requiring enrollment in and successful completion of a prescribed program of study
8309 in compliance with the requirements of this chapter.
8310 (3) A proprietary school must provide bona fide instruction through student-faculty
8311 interaction.
8312 (4) A proprietary school may not enroll a student in a program unless the proprietary
8313 school has made a good-faith determination that the student has the ability to benefit from the
8314 program.
8315 (5) A proprietary school may not make or cause to be made any oral, written, or visual
8316 statement or representation that an institution described in Subsection 13-34-107 (2)(a)(ii)
8317 knows or should know to be:
8318 (a) false;
8319 (b) deceptive;
8320 (c) substantially inaccurate; or
8321 (d) misleading.
8322 (6) The division shall establish standards and criteria by rule made in accordance with
8323 [
8324 following:
8325 (a) the awarding of educational credentials;
8326 (b) bona fide instruction through student-faculty interaction; and
8327 (c) determination of the ability of a student to benefit from a program.
8328 Section 149. Section 13-34-107 is amended to read:
8329 13-34-107. Advertising, recruiting, or operating a proprietary school -- Required
8330 registration statement or exemption -- Certificate of registration -- Registration does not
8331 constitute endorsement.
8332 (1) (a) Unless an institution complies with Subsection (1)(b), the institution may not do
8333 any of the following in this state:
8334 (i) advertise a proprietary school;
8335 (ii) recruit students for a proprietary school; or
8336 (iii) operate a proprietary school.
8337 (b) An institution may not engage in an activity described in Subsection (1)(a) unless
8338 the institution:
8339 (i) (A) files with the division a registration statement relating to the proprietary school
8340 that is in compliance with:
8341 (I) applicable rules made by the division; and
8342 (II) the requirements set forth in this chapter; and
8343 (B) obtains a certificate of registration; or
8344 (ii) establishes an exemption with the division.
8345 (2) (a) The registration statement or exemption described in Subsection (1) shall be:
8346 (i) verified by the oath or affirmation of the owner or a responsible officer of the
8347 proprietary school filing the registration statement or exemption; and
8348 (ii) include a certification as to whether any of the following has violated laws, federal
8349 regulations, or state rules as determined in a criminal, civil, or administrative proceeding:
8350 (A) the proprietary school; or
8351 (B) any of the following with respect to the proprietary school:
8352 (I) an owner;
8353 (II) an officer;
8354 (III) a director;
8355 (IV) an administrator;
8356 (V) a faculty member;
8357 (VI) a staff member; or
8358 (VII) an agent.
8359 (b) The proprietary school shall:
8360 (i) make available, upon request, a copy of the registration statement, showing the date
8361 upon which it was filed; and
8362 (ii) display the certificate of registration obtained from the division in a conspicuous
8363 place on the proprietary school's premises.
8364 (3) (a) A registration statement and the accompanying certificate of registration are not
8365 transferable.
8366 (b) In the event of a change in ownership or in the governing body of the proprietary
8367 school, the new owner or governing body, within 30 days after the change, shall file a new
8368 registration statement.
8369 (4) Except as provided in Subsection (3)(b), a registration statement or a renewal
8370 statement and the accompanying certificate of registration are effective for a period of two
8371 years after the date of filing and issuance.
8372 (5) (a) The division shall establish a graduated fee structure for the filing of registration
8373 statements by various classifications of institutions pursuant to Section [
8374 (b) Fees are not refundable.
8375 (c) Fees shall be deposited in the Commerce Service Fund pursuant to Section 13-1-2 .
8376 (6) (a) Each proprietary school shall:
8377 (i) demonstrate fiscal responsibility at the time the proprietary school files its
8378 registration statement as prescribed by rules of the division; and
8379 (ii) provide evidence to the division that the proprietary school:
8380 (A) is financially sound; and
8381 (B) can reasonably fulfill commitments to and obligations the proprietary school has
8382 incurred with students and creditors.
8383 (b) A proprietary school applying for an initial certificate of registration to operate
8384 shall prepare and submit financial statements and supporting documentation as requested by
8385 the division.
8386 (c) A proprietary school applying for renewal of a certificate of registration to operate
8387 or renewal under new ownership must provide audited financial statements.
8388 (d) The division may require evidence of financial status at other times when it is in the
8389 best interest of students to require such information.
8390 (7) (a) A proprietary school applying for an initial certificate of registration or seeking
8391 renewal shall provide in a form approved by the division:
8392 (i) a surety bond;
8393 (ii) a certificate of deposit; or
8394 (iii) an irrevocable letter of credit.
8395 (b) In accordance with [
8396 Administrative Rulemaking Act, the division may make rules providing for:
8397 (i) the amount of the bond, certificate, or letter of credit required under Subsection
8398 (7)(a), not to exceed in amount the anticipated tuition and fees to be received by the proprietary
8399 school during a school year;
8400 (ii) the execution of the bond, certificate, or letter of credit;
8401 (iii) cancellation of the bond, certificate, or letter of credit during or at the end of the
8402 registration term; and
8403 (iv) any other matters related to providing the bond, certificate, or letter of credit
8404 required under Subsection (7)(a).
8405 (c) The bond, certificate, or letter of credit shall be used as a protection against loss of
8406 advanced tuition, book fees, supply fees, or equipment fees:
8407 (i) collected by the proprietary school from a student or a student's parent, guardian, or
8408 sponsor prior to the completion of the program or courses for which it was collected; or
8409 (ii) for which the student is liable.
8410 (8) (a) Except as provided in Section 13-34-113 , the division may not refuse
8411 acceptance of a registration statement that is:
8412 (i) tendered for filing and, based on a preliminary review, appears to be in compliance
8413 with Subsections (1), (2), and (6); and
8414 (ii) accompanied by:
8415 (A) the required fee; and
8416 (B) one of the following required by Subsection (7):
8417 (I) surety bond;
8418 (II) certificate of deposit; or
8419 (III) irrevocable letter of credit.
8420 (b) A certificate of registration is effective upon the date of issuance.
8421 (c) The responsibility of compliance is upon the proprietary school and not upon the
8422 division.
8423 (d) (i) If it appears to the division that a registration statement on file may not be in
8424 compliance with this chapter, the division may advise the proprietary school as to the apparent
8425 deficiencies.
8426 (ii) After a proprietary school has been notified of a deficiency under Subsection
8427 (8)(d)(i), a new or amended statement may be presented for filing by the proprietary school,
8428 accompanied by:
8429 (A) the required fee; and
8430 (B) one of the following required by Subsection (7):
8431 (I) surety bond;
8432 (II) certificate of deposit; or
8433 (III) irrevocable letter of credit.
8434 (9) The following does not constitute and may not be represented by any person to
8435 constitute, an endorsement or approval of the proprietary school by either the division or the
8436 state:
8437 (a) an acceptance of:
8438 (i) a registration statement;
8439 (ii) a renewal statement; or
8440 (iii) an amended registration statement; and
8441 (b) issuance of a certificate of registration.
8442 Section 150. Section 13-34-113 is amended to read:
8443 13-34-113. Denial, suspension, or revocation of a certificate of registration --
8444 Limitations.
8445 (1) In accordance with Chapter 2, Division of Consumer Protection, and [
8446
8447 proceedings to deny, suspend, or revoke a certificate of registration to operate a proprietary
8448 school under this chapter if:
8449 (a) the division finds that the order is in the public interest; and
8450 (b) (i) the registration statement or renewal statement is incomplete, false, or
8451 misleading in any respect;
8452 (ii) the division determines that the educational credential associated with the
8453 proprietary school represents the undertaking or completion of educational achievement that
8454 has not been undertaken and earned; or
8455 (iii) the proprietary school or an individual described in Subsection
8456 13-34-107 (2)(a)(ii)(B) has:
8457 (A) violated any provision of:
8458 (I) this chapter;
8459 (II) the rules made by the division pursuant to this chapter; or
8460 (III) a commitment made in a registration statement for a certificate of registration to
8461 operate the proprietary school;
8462 (B) caused or allowed to occur a violation of any provision of:
8463 (I) this chapter;
8464 (II) the rules made by the division pursuant to this chapter; or
8465 (III) a commitment made in a registration statement for a certificate of registration to
8466 operate the proprietary school;
8467 (C) been enjoined by any court, or is the subject of an administrative or judicial order
8468 issued in this or another state, if the injunction or order:
8469 (I) includes a finding or admission of fraud, breach of fiduciary duty, or material
8470 misrepresentation; or
8471 (II) was based on a finding of lack of integrity, truthfulness, or mental competence;
8472 (D) been convicted of a crime involving moral turpitude;
8473 (E) obtained or attempted to obtain a certificate of registration under this chapter by
8474 misrepresentation;
8475 (F) failed to timely file with the division any report required by:
8476 (I) this chapter; or
8477 (II) rules made by the division pursuant to this chapter;
8478 (G) failed to furnish information requested by the division; or
8479 (H) failed to pay an administrative fine imposed by the division in accordance with this
8480 chapter.
8481 (2) Division staff may place reasonable limits upon a proprietary school's continued
8482 certificate of registration to operate if:
8483 (a) there are serious concerns about the proprietary school's ability to provide the
8484 training in the manner approved by the division; and
8485 (b) limitation is warranted to protect the students' interests.
8486 (3) The division may:
8487 (a) conduct a criminal background check on an individual described in Subsection
8488 13-34-107 (2)(a)(ii)(B); and
8489 (b) require a proprietary school to provide to the division any information necessary to
8490 conduct a criminal background check on an individual described in Subsection
8491 13-34-107 (2)(a)(ii)(B).
8492 Section 151. Section 13-35-104 is amended to read:
8493 13-35-104. Powers and duties of the advisory board and the executive director.
8494 (1) (a) Except as provided in Subsection 13-35-106 (3), the advisory board shall make
8495 recommendations to the executive director on the administration and enforcement of this
8496 chapter, including adjudicative and rulemaking proceedings.
8497 (b) The executive director shall:
8498 (i) consider the advisory board's recommendations; and
8499 (ii) issue any final decision by the department.
8500 (2) The executive director, in consultation with the advisory board, shall make rules for
8501 the administration of this chapter in accordance with [
8502 3, Utah Administrative Rulemaking Act.
8503 (3) (a) An adjudicative proceeding under this chapter shall be conducted in accordance
8504 with [
8505 (b) In an adjudicative proceeding under this chapter, any order issued by the executive
8506 director:
8507 (i) shall comply with Section [
8508 formal or an informal adjudicative proceeding under [
8509 4, Administrative Procedures Act; and
8510 (ii) if the order modifies or rejects a finding of fact in a recommendation from the
8511 advisory board, shall be made on the basis of information learned from the executive director's:
8512 (A) personal attendance at the hearing; or
8513 (B) review of the record developed at the hearing.
8514 Section 152. Section 13-35-105 is amended to read:
8515 13-35-105. Registration -- Fees.
8516 (1) A franchisee or franchisor doing business in this state shall:
8517 (a) annually register or renew its registration with the department in a manner
8518 established by the department; and
8519 (b) pay an annual registration fee in an amount determined by the department in
8520 accordance with Sections 13-1-2 and [
8521 (2) The department shall register or renew the registration of a franchisee or franchisor
8522 if the franchisee or franchisor complies with this chapter and rules made by the department
8523 under this chapter.
8524 (3) A franchisee or franchisor registered under this section shall comply with this
8525 chapter and any rules made by the department under this chapter including any amendments to
8526 this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
8527 (4) The fee imposed under Subsection (1)(b) shall be collected by the department and
8528 deposited into the Commerce Service Fund.
8529 (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
8530 a franchisor does not need to be registered under this section if the franchisor is registered
8531 under this section.
8532 Section 153. Section 13-35-106 is amended to read:
8533 13-35-106. Administrative proceedings commenced by the agency.
8534 (1) Except as provided in Subsection (3), after a hearing and after receipt of the
8535 advisory board's recommendation, if the executive director finds that a person has violated this
8536 chapter or any rule made under this chapter, the executive director may:
8537 (a) issue a cease and desist order; and
8538 (b) assess an administrative fine.
8539 (2) (a) In determining the amount and appropriateness of an administrative fine under
8540 Subsection (1), the executive director shall consider:
8541 (i) the gravity of the violation;
8542 (ii) any history of previous violations; and
8543 (iii) any attempt made by the person to retaliate against another person for seeking
8544 relief under this chapter or other federal or state law relating to the motor vehicle industry.
8545 (b) In addition to any other action permitted under Subsection (1), the department may
8546 file an action with a court seeking to enforce the executive director's order and pursue the
8547 executive director's assessment of a fine in an amount not to exceed $5,000 for each day a
8548 person violates an order of the executive director.
8549 (3) (a) In addition to the grounds for issuing an order on an emergency basis listed in
8550 Subsection [
8551 emergency basis if the executive director determines that irreparable damage is likely to occur
8552 if immediate action is not taken.
8553 (b) In issuing an emergency order under Subsection (3)(a), the executive director shall
8554 comply with the requirements of Subsections [
8555 Section 154. Section 13-35-107 is amended to read:
8556 13-35-107. Administrative proceedings -- Request for agency action.
8557 (1) (a) A person may commence an adjudicative proceeding in accordance with this
8558 chapter and with [
8559 to:
8560 (i) remedy a violation of this chapter;
8561 (ii) obtain approval of an act regulated by this chapter; or
8562 (iii) obtain any determination that this chapter specifically authorizes that person to
8563 request.
8564 (b) A person shall commence an adjudicative proceeding by filing a request for agency
8565 action in accordance with Section [
8566 (2) After receipt of the advisory board's recommendation, the executive director shall
8567 apportion in a fair and equitable manner between the parties any costs of the adjudicative
8568 proceeding, including reasonable [
8569 Section 155. Section 13-39-201 is amended to read:
8570 13-39-201. Establishment of child protection registry.
8571 (1) The division shall:
8572 (a) establish and operate a child protection registry to compile and secure a list of
8573 contact points the division has received pursuant to this section; or
8574 (b) contract with a third party to establish and secure the registry described in
8575 Subsection (1)(a).
8576 (2) (a) The division shall implement the registry described in this section with respect
8577 to email addresses beginning on July 1, 2005.
8578 (b) The division shall implement the registry described in this section with respect to
8579 instant message identities.
8580 (c) The division shall implement the registry described in this section with respect to
8581 mobile or other telephone numbers.
8582 (3) (a) A person may register a contact point with the division pursuant to rules
8583 established by the division under Subsection 13-39-203 (1) if:
8584 (i) the contact point belongs to a minor;
8585 (ii) a minor has access to the contact point; or
8586 (iii) the contact point is used in a household in which a minor is present.
8587 (b) A school or other institution that primarily serves minors may register its domain
8588 name with the division pursuant to rules made by the division under Subsection 13-39-203 (1).
8589 (c) The division shall provide a disclosure in a confirmation message sent to a person
8590 who registers a contact point under this section that reads: "No solution is completely secure.
8591 The most effective way to protect children on the Internet is to supervise use and review all
8592 email messages and other correspondence. Under law, theft of a contact point from the Child
8593 Protection Registry is a second degree felony. While every attempt will be made to secure the
8594 Child Protection Registry, registrants and their guardians should be aware that their contact
8595 points may be at a greater risk of being misappropriated by marketers who choose to disobey
8596 the law."
8597 (4) A person desiring to send a communication described in Subsection 13-39-202 (1)
8598 to a contact point or domain shall:
8599 (a) use a mechanism established by rule made by the division under Subsection
8600 13-39-203 (2); and
8601 (b) pay a fee for use of the mechanism described in Subsection (4)(a) determined by
8602 the division in accordance with Section [
8603 (5) The division may implement a program to offer discounted compliance fees to
8604 senders who meet enhanced security conditions established and verified by the division, the
8605 third party registry provider, or a designee.
8606 (6) The contents of the registry, and any complaint filed about a sender who violates
8607 this chapter, are not subject to public disclosure under [
8608 2, Government Records Access and Management Act.
8609 (7) The state shall promote the registry on the state's official Internet website.
8610 Section 156. Section 13-39-203 is amended to read:
8611 13-39-203. Rulemaking authority.
8612 In accordance with [
8613 Rulemaking Act, the division shall make rules to establish procedures under which:
8614 (1) (a) a person may register a contact point with the division under Section 13-39-201 ,
8615 including:
8616 (i) the information necessary to register an instant message identity; and
8617 (ii) for purposes of Subsection 13-39-102 (1)(b)(iv), an electronic address that is similar
8618 to a contact point listed in Subsection 13-39-102 (1); and
8619 (b) a school or other institution that primarily serves minors may register its domain
8620 name with the division under Section 13-39-201 ;
8621 (2) the division shall:
8622 (a) provide a mechanism under which a person described in Subsection 13-39-201 (4)
8623 may verify compliance with the registry to remove registered contact points from the person's
8624 communications; and
8625 (b) establish the mechanism described in Subsection (2)(a) in a manner that protects
8626 the privacy and security of a contact point registered with the division under Section
8627 13-39-201 ; and
8628 (3) the division may:
8629 (a) implement a program offering discounted fees to a sender who meets enhanced
8630 security conditions established and verified by the division, the third party registry provider, or
8631 a designee; and
8632 (b) allow the third party registry provider to assist in any public or industry awareness
8633 campaign promoting the registry.
8634 Section 157. Section 13-41-102 is amended to read:
8635 13-41-102. Definitions.
8636 For purposes of this chapter:
8637 (1) "Consumer" means a person who acquires a good or service for consumption.
8638 (2) "Division" means the Division of Consumer Protection.
8639 (3) (a) "Emergency territory" means the geographical area:
8640 (i) for which there has been a state of emergency declared; and
8641 (ii) that is directly affected by the events giving rise to a state of emergency.
8642 (b) "Emergency territory" does not include a geographical area that is affected by the
8643 events giving rise to a state of emergency only by economic market forces.
8644 (4) "Excessive price" means a price for a good or service that exceeds by more than
8645 10% the average price charged by that person for that good or service in the 30-day period
8646 immediately preceding the day on which the state of emergency is declared.
8647 (5) "Good" means any personal property displayed, held, or offered for sale by a
8648 merchant that is necessary for consumption or use as a direct result of events giving rise to a
8649 state of emergency.
8650 (6) "Retail" means the level of distribution where a good or service is typically sold
8651 directly, or otherwise provided, to a member of the public who is an end-user and does not
8652 resell the good or service.
8653 (7) "Service" means any activity that is performed in whole or in part for the purpose of
8654 financial gain including, but not limited to, personal service, professional service, rental,
8655 leasing, or licensing for use that is necessary for consumption or use as a direct result of events
8656 giving rise to a state of emergency.
8657 (8) "State of emergency" means a declaration of:
8658 (a) an emergency or major disaster by the President of the United States of America; or
8659 (b) a state of emergency by the governor under Section [
8660 Section 158. Section 13-42-105 is amended to read:
8661 13-42-105. Application for registration -- Form, fee, and accompanying
8662 documents.
8663 (1) An application for registration as a provider must be in a form prescribed by the
8664 administrator.
8665 (2) Subject to adjustment of dollar amounts pursuant to Subsection 13-42-132 (6), an
8666 application for registration as a provider must be accompanied by:
8667 (a) the fee established by the administrator in accordance with Section [
8668 63J-1-303 ;
8669 (b) the bond required by Section 13-42-113 ;
8670 (c) identification of all trust accounts required by Section 13-42-122 and an irrevocable
8671 consent authorizing the administrator to review and examine the trust accounts;
8672 (d) evidence of insurance in the amount of $250,000:
8673 (i) against the risks of dishonesty, fraud, theft, and other misconduct on the part of the
8674 applicant or a director, employee, or agent of the applicant;
8675 (ii) issued by an insurance company authorized to do business in this state and rated at
8676 least A by a nationally recognized rating organization;
8677 (iii) with no deductible;
8678 (iv) payable to the applicant, the individuals who have agreements with the applicant,
8679 and this state, as their interests may appear; and
8680 (v) not subject to cancellation by the applicant without the approval of the
8681 administrator;
8682 (e) a record consenting to the jurisdiction of this state containing:
8683 (i) the name, business address, and other contact information of its registered agent in
8684 this state for purposes of service of process; or
8685 (ii) the appointment of the administrator as agent of the provider for purposes of
8686 service of process; and
8687 (f) if the applicant is organized as a not-for-profit entity or is exempt from taxation,
8688 evidence of not-for-profit and tax-exempt status applicable to the applicant under the Internal
8689 Revenue Code, 26 U.S.C. Section 501.
8690 Section 159. Section 13-42-109 is amended to read:
8691 13-42-109. Certification of registration -- Issuance or denial.
8692 (1) Except as otherwise provided in Subsections (2) and (3), the administrator shall
8693 issue a certificate of registration as a provider to a person that complies with Sections
8694 13-42-105 and 13-42-106 .
8695 (2) The administrator may deny registration if:
8696 (a) the application contains information that is materially erroneous or incomplete;
8697 (b) an officer, director, or owner of the applicant has been convicted of a crime, or
8698 suffered a civil judgment, involving dishonesty or the violation of state or federal securities
8699 laws;
8700 (c) the applicant or any of its officers, directors, or owners has defaulted in the payment
8701 of money collected for others; or
8702 (d) the administrator finds that the financial responsibility, experience, character, or
8703 general fitness of the applicant or its owners, directors, employees, or agents does not warrant
8704 belief that the business will be operated in compliance with this chapter.
8705 (3) The administrator shall deny registration if:
8706 (a) the application is not accompanied by the fee established by the administrator in
8707 accordance with Section [
8708 (b) with respect to an applicant that is organized as a not-for-profit entity or has
8709 obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. Section 501, the
8710 applicant's board of directors is not independent of the applicant's employees and agents.
8711 (4) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132 (6), a
8712 board of directors is not independent for purposes of Subsection (3) if more than one-fourth of
8713 its members:
8714 (a) are affiliates of the applicant, as defined in Subsection 13-42-102 (2)(a) or
8715 13-42-102 (2)(b)(i), (ii), (iv), (v), (vi), or (vii); or
8716 (b) after the date ten years before first becoming a director of the applicant, were
8717 employed by or directors of a person that received from the applicant more than $25,000 in
8718 either the current year or the preceding year.
8719 Section 160. Section 13-42-110 is amended to read:
8720 13-42-110. Certificate of registration -- Timing.
8721 (1) The administrator shall approve or deny an initial registration as a provider within
8722 120 days after an application is filed. In connection with a request pursuant to Subsection
8723 13-42-106 (19) for additional information, the administrator may extend the 120-day period for
8724 not more than 60 days. Within seven days after denying an application, the administrator, in a
8725 record, shall inform the applicant of the reasons for the denial.
8726 (2) If the administrator denies an application for registration as a provider or does not
8727 act on an application within the time prescribed in Subsection (1), the applicant may appeal and
8728 request a hearing pursuant to [
8729 Procedures Act.
8730 (3) Subject to Subsection 13-42-111 (4) and Section 13-42-134 , a registration as a
8731 provider is valid for one year.
8732 Section 161. Section 13-42-111 is amended to read:
8733 13-42-111. Renewal of registration.
8734 (1) A provider must obtain a renewal of its registration annually.
8735 (2) An application for renewal of registration as a provider must be in a form
8736 prescribed by the administrator, signed under penalty of perjury, and:
8737 (a) be filed no fewer than 30 and no more than 60 days before the registration expires;
8738 (b) be accompanied by the fee established by the administrator in accordance with
8739 Section [
8740 (c) contain the matter required for initial registration as a provider by Subsections
8741 13-42-106 (8) and (9) and a financial statement, audited by an accountant licensed to conduct
8742 audits, for the applicant's fiscal year immediately preceding the application;
8743 (d) disclose any changes in the information contained in the applicant's application for
8744 registration or its immediately previous application for renewal, as applicable;
8745 (e) supply evidence of insurance in an amount equal to the larger of $250,000 or the
8746 highest daily balance in the trust account required by Section 13-42-122 during the six-month
8747 period immediately preceding the application:
8748 (i) against risks of dishonesty, fraud, theft, and other misconduct on the part of the
8749 applicant or a director, employee, or agent of the applicant;
8750 (ii) issued by an insurance company authorized to do business in this state and rated at
8751 least A by a nationally recognized rating organization;
8752 (iii) with no deductible;
8753 (iv) payable to the applicant, the individuals who have agreements with the applicant,
8754 and this state, as their interests may appear; and
8755 (v) not subject to cancellation by the applicant without the approval of the
8756 administrator;
8757 (f) disclose the total amount of money received by the applicant pursuant to plans
8758 during the preceding 12 months from or on behalf of individuals who reside in this state and
8759 the total amount of money distributed to creditors of those individuals during that period;
8760 (g) disclose, to the best of the applicant's knowledge, the gross amount of money
8761 accumulated during the preceding 12 months pursuant to plans by or on behalf of individuals
8762 who reside in this state and with whom the applicant has agreements; and
8763 (h) provide any other information that the administrator reasonably requires to perform
8764 the administrator's duties under this section.
8765 (3) Except for the information required by Subsections 13-42-106 (7), (14), and (17)
8766 and the addresses required by Subsection 13-42-106 (4), the administrator shall make the
8767 information in an application for renewal of registration as a provider available to the public.
8768 (4) If a registered provider files a timely and complete application for renewal of
8769 registration, the registration remains effective until the administrator, in a record, notifies the
8770 applicant of a denial and states the reasons for the denial.
8771 (5) If the administrator denies an application for renewal of registration as a provider,
8772 the applicant, within 30 days after receiving notice of the denial, may appeal and request a
8773 hearing pursuant to [
8774 Act. Subject to Section 13-42-134 , while the appeal is pending the applicant shall continue to
8775 provide debt-management services to individuals with whom it has agreements. If the denial is
8776 affirmed, subject to the administrator's order and Section 13-42-134 , the applicant shall
8777 continue to provide debt-management services to individuals with whom it has agreements
8778 until, with the approval of the administrator, it transfers the agreements to another registered
8779 provider or returns to the individuals all unexpended money that is under the applicant's
8780 control.
8781 Section 162. Section 13-42-112 is amended to read:
8782 13-42-112. Registration in another state -- Rulemaking.
8783 (1) (a) Subject to rules made by the administrator, if a provider holds a license or
8784 certificate of registration in another state authorizing it to provide debt-management services,
8785 the provider may submit a copy of that license or certificate and the application for it instead of
8786 an application in the form prescribed by Subsection 13-42-105 (1), Section 13-42-106 , or
8787 Subsection 13-42-111 (2).
8788 (b) The administrator shall accept the application and the license or certificate from
8789 the other state as an application for registration as a provider or for renewal of registration as a
8790 provider, as appropriate, in this state if:
8791 (i) the application in the other state contains information substantially similar to or
8792 more comprehensive than that required in an application submitted in this state;
8793 (ii) the applicant provides the information required by Subsections 13-42-106 (1), (3),
8794 (10), (12), and (13);
8795 (iii) the applicant, under penalty of perjury, certifies that the information contained in
8796 the application is current or, to the extent it is not current, supplements the application to make
8797 the information current; and
8798 (iv) the applicant files a surety bond or substitute in accordance with Section
8799 13-42-113 or 13-42-114 that is solely payable or available to this state and to individuals who
8800 reside in this state.
8801 (2) The administrator, in accordance with [
8802 Utah Administrative Rulemaking Act, shall make rules designating the states in which a
8803 provider may have a license or certificate that may be submitted to the administrator in
8804 compliance with this section.
8805 Section 163. Section 13-42-132 is amended to read:
8806 13-42-132. Powers of administrator.
8807 (1) The administrator may act on its own initiative or in response to complaints and
8808 may receive complaints, take action to obtain voluntary compliance with this chapter, refer
8809 cases to the attorney general, and seek or provide remedies as provided in this chapter.
8810 (2) The administrator may investigate and examine, in this state or elsewhere, by
8811 subpoena or otherwise, the activities, books, accounts, and records of a person that provides or
8812 offers to provide debt-management services, or a person to which a provider has delegated its
8813 obligations under an agreement or this chapter, to determine compliance with this chapter.
8814 Information that identifies individuals who have agreements with the provider shall not be
8815 disclosed to the public. In connection with the investigation, the administrator may:
8816 (a) charge the person the reasonable expenses necessarily incurred to conduct the
8817 examination;
8818 (b) require or permit a person to file a statement under oath as to all the facts and
8819 circumstances of a matter to be investigated; and
8820 (c) seek a court order authorizing seizure from a bank at which the person maintains a
8821 trust account required by Section 13-42-122 , any or all money, books, records, accounts, and
8822 other property of the provider that is in the control of the bank and relates to individuals who
8823 reside in this state.
8824 (3) The administrator may adopt rules to implement the provisions of this chapter in
8825 accordance with [
8826 Rulemaking Act.
8827 (4) The administrator may enter into cooperative arrangements with any other federal
8828 or state agency having authority over providers and may exchange with any of those agencies
8829 information about a provider, including information obtained during an examination of the
8830 provider.
8831 (5) The administrator shall establish fees in accordance with Section [
8832 63J-1-303 to be paid by providers for the expense of administering this chapter.
8833 (6) The administrator, by rule, shall adopt dollar amounts instead of those specified in
8834 Sections 13-42-102 , 13-42-105 , 13-42-109 , 13-42-113 , 13-42-123 , 13-42-133 , and 13-42-135
8835 to reflect inflation, as measured by the United States Bureau of Labor Statistics Consumer
8836 Price Index for All Urban Consumers or, if that index is not available, another index adopted
8837 by rule by the administrator. The administrator shall adopt a base year and adjust the dollar
8838 amounts, effective on July 1 of each year, if the change in the index from the base year, as of
8839 December 31 of the preceding year, is at least 10%. The dollar amount must be rounded to the
8840 nearest $100, except that the amounts in Section 13-42-123 must be rounded to the nearest
8841 dollar.
8842 (7) The administrator shall notify registered providers of any change in dollar amounts
8843 made pursuant to Subsection (6) and make that information available to the public.
8844 Section 164. Section 13-42-134 is amended to read:
8845 13-42-134. Suspension, revocation, or nonrenewal of registration.
8846 (1) In this section, "insolvent" means:
8847 (a) having generally ceased to pay debts in the ordinary course of business other than as
8848 a result of good-faith dispute;
8849 (b) being unable to pay debts as they become due; or
8850 (c) being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C.
8851 Section 101 et seq.
8852 (2) The administrator may suspend, revoke, or deny renewal of a provider's registration
8853 if:
8854 (a) a fact or condition exists that, if it had existed when the registrant applied for
8855 registration as a provider, would have been a reason for denying registration;
8856 (b) the provider has committed a material violation of this chapter or a rule or order of
8857 the administrator under this chapter;
8858 (c) the provider is insolvent;
8859 (d) the provider or an employee or affiliate of the provider has refused to permit the
8860 administrator to make an examination authorized by this chapter, failed to comply with
8861 Subsection 13-42-132 (2)(b) within 15 days after request, or made a material misrepresentation
8862 or omission in complying with Subsection 13-42-132 (2)(b); or
8863 (e) the provider has not responded within a reasonable time and in an appropriate
8864 manner to communications from the administrator.
8865 (3) If a provider does not comply with Subsection 13-42-122 (6) or if the administrator
8866 otherwise finds that the public health or safety or general welfare requires emergency action,
8867 the administrator may order a summary suspension of the provider's registration, effective on
8868 the date specified in the order.
8869 (4) If the administrator suspends, revokes, or denies renewal of the registration of a
8870 provider, the administrator may seek a court order authorizing seizure of any or all of the
8871 money in a trust account required by Section 13-42-122 , books, records, accounts, and other
8872 property of the provider which are located in this state.
8873 (5) If the administrator suspends or revokes a provider's registration, the provider may
8874 appeal and request a hearing pursuant to [
8875 Administrative Procedures Act.
8876 Section 165. Section 13-43-203 is amended to read:
8877 13-43-203. Office of the Property Rights Ombudsman -- Duties.
8878 (1) The Office of the Property Rights Ombudsman shall:
8879 (a) develop and maintain expertise in and understanding of takings, eminent domain,
8880 and land use law;
8881 (b) assist state agencies and local governments in developing the guidelines required by
8882 [
8883 (c) at the request of a state agency or local government, assist the state agency or local
8884 government, in analyzing actions with potential takings implications or other land use issues;
8885 (d) advise real property owners who have a legitimate potential or actual takings claim
8886 against a state or local government entity or have questions about takings, eminent domain, and
8887 land use law;
8888 (e) identify state or local government actions that have potential takings implications
8889 and, if appropriate, advise those state or local government entities about those implications;
8890 and
8891 (f) provide information to private citizens, civic groups, government entities, and other
8892 interested parties about takings, eminent domain, and land use law and their rights and
8893 responsibilities under the takings, eminent domain, or land use laws through seminars and
8894 publications, and by other appropriate means.
8895 (2) The Office of the Property Rights Ombudsman may not represent private property
8896 owners, state agencies, or local governments in court or in adjudicative proceedings under
8897 [
8898 (3) No member of the Office of the Property Rights Ombudsman nor a neutral third
8899 party rendering an advisory opinion under Section 13-43-205 or 13-43-206 , may be compelled
8900 to testify in a civil action filed concerning the subject matter of any review, mediation, or
8901 arbitration by, or arranged through, the office.
8902 (4) (a) Except as provided in Subsection (4)(b), evidence of a review by the Office of
8903 the Property Rights Ombudsman and the opinions, writings, findings, and determinations of the
8904 Office of the Property Rights Ombudsman are not admissible as evidence in a judicial action.
8905 (b) Subsection (4)(a) does not apply to:
8906 (i) actions brought under authority of Title 78, Chapter 6, Small Claims Courts;
8907 (ii) a judicial confirmation or review of the arbitration itself as authorized in Title 78,
8908 Chapter 31a, Utah Uniform Arbitration Act;
8909 (iii) actions for de novo review of an arbitration award or issue brought under the
8910 authority of Subsection 13-43-204 (3)(a)(i); or
8911 (iv) advisory opinions provided for in Sections 13-43-205 and 13-43-206 .
8912 Section 166. Section 13-43-204 is amended to read:
8913 13-43-204. Office of Property Rights Ombudsman -- Arbitration or mediation of
8914 takings or eminent domain disputes.
8915 (1) If requested by the private property owner and otherwise appropriate, the Office of
8916 the Property Rights Ombudsman shall mediate, or conduct or arrange arbitration for, disputes
8917 between private property owners and government entities that involve:
8918 (a) takings or eminent domain issues;
8919 (b) actions for eminent domain under Title 78, Chapter 34, Eminent Domain; or
8920 (c) disputes about relocation assistance under Title 57, Chapter 12, Utah Relocation
8921 Assistance Act.
8922 (2) If arbitration or mediation is requested by a private property owner under this
8923 section, Section 57-12-14 or 78-34-21 , and arranged by the Office of the Property Rights
8924 Ombudsman, the government entity or condemning entity shall participate in the mediation or
8925 arbitration as if the matter were ordered to mediation or arbitration by a court.
8926 (3) (a) (i) In conducting or arranging for arbitration under Subsection (1), the Office of
8927 the Property Rights Ombudsman shall follow the procedures and requirements of Title 78,
8928 Chapter 31a, Utah Uniform Arbitration Act.
8929 (ii) In applying Title 78, Chapter 31a, Utah Uniform Arbitration Act, the arbitrator and
8930 parties shall treat the matter as if:
8931 (A) it were ordered to arbitration by a court; and
8932 (B) the Office of the Property Rights Ombudsman or other arbitrator chosen as
8933 provided for in this section was appointed as arbitrator by the court.
8934 (iii) For the purpose of an arbitration conducted under this section, if the dispute to be
8935 arbitrated is not already the subject of legal action, the district court having jurisdiction over
8936 the county where the private property involved in the dispute is located is the court referred to
8937 in Title 78, Chapter 31a, Utah Uniform Arbitration Act.
8938 (iv) An arbitration award under this chapter may not be vacated under the provisions of
8939 Subsection 78-31a-124 (1)(e) because of the lack of an arbitration agreement between the
8940 parties.
8941 (b) The Office of the Property Rights Ombudsman shall issue a written statement
8942 declining to arbitrate or to appoint an arbitrator when, in the opinion of the Office of the
8943 Property Rights Ombudsman:
8944 (i) the issues are not ripe for review;
8945 (ii) assuming the alleged facts are true, no cause of action exists under United States or
8946 Utah law;
8947 (iii) all issues raised are beyond the scope of the Office of the Property Rights
8948 Ombudsman's statutory duty to review; or
8949 (iv) the arbitration is otherwise not appropriate.
8950 (c) (i) The Office of the Property Rights Ombudsman shall appoint another person to
8951 arbitrate a dispute when:
8952 (A) either party objects to the Office of the Property Rights Ombudsman serving as the
8953 arbitrator and agrees to pay for the services of another arbitrator;
8954 (B) the Office of the Property Rights Ombudsman declines to arbitrate the dispute for a
8955 reason other than those stated in Subsection (3)(b) and one or both parties are willing to pay for
8956 the services of another arbitrator; or
8957 (C) the Office of the Property Rights Ombudsman determines that it is appropriate to
8958 appoint another person to arbitrate the dispute with no charge to the parties for the services of
8959 the appointed arbitrator.
8960 (ii) In appointing another person to arbitrate a dispute, the Office of the Property Rights
8961 Ombudsman shall appoint an arbitrator who is agreeable to:
8962 (A) both parties; or
8963 (B) the Office of the Property Rights Ombudsman and the party paying for the
8964 arbitrator.
8965 (iii) The Office of the Property Rights Ombudsman may, on its own initiative or upon
8966 agreement of both parties, appoint a panel of arbitrators to conduct the arbitration.
8967 (iv) The Department of Commerce may pay an arbitrator per diem and reimburse
8968 expenses incurred in the performance of the arbitrator's duties at the rates established by the
8969 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
8970 (d) In arbitrating a dispute, the arbitrator shall apply the relevant statutes, case law,
8971 regulations, and rules of Utah and the United States in conducting the arbitration and in
8972 determining the award.
8973 (e) The property owner and government entity may agree in advance of arbitration that
8974 the arbitration is binding and that no de novo review may occur.
8975 (f) Arbitration by or through the Office of the Property Rights Ombudsman is not
8976 necessary before bringing legal action to adjudicate any claim.
8977 (g) The lack of arbitration by or through the Office of the Property Rights Ombudsman
8978 does not constitute, and may not be interpreted as constituting, a failure to exhaust available
8979 administrative remedies or as a bar to bringing legal action.
8980 (h) Arbitration under this section is not subject to [
8981 Chapter 4, Administrative Procedures Act, or Title 78, Chapter 31b, Alternative Dispute
8982 Resolution Act.
8983 (i) Within 30 days after an arbitrator issues a final award, and except as provided in
8984 Subsection (3)(e), any party may submit the award, or any issue upon which the award is based,
8985 to the district court for de novo review.
8986 (4) The filing with the Office of the Property Rights Ombudsman of a request for
8987 mediation or arbitration of a constitutional taking issue does not stay any county or municipal
8988 land use decision, including the decision of a board of adjustment.
8989 (5) Members of the Office of the Property Rights Ombudsman may not be compelled
8990 to testify in a civil action filed concerning the subject matter of any review, mediation, or
8991 arbitration by the Office of the Property Rights Ombudsman.
8992 Section 167. Section 13-43-206 is amended to read:
8993 13-43-206. Advisory opinion -- Process.
8994 (1) A request for an advisory opinion under Section 13-43-205 shall be:
8995 (a) filed with the Office of the Property Rights Ombudsman; and
8996 (b) accompanied by a filing fee of $150.
8997 (2) The Office of the Property Rights Ombudsman may establish policies providing for
8998 partial fee waivers for a person who is financially unable to pay the entire fee.
8999 (3) A person requesting an advisory opinion need not exhaust administrative remedies,
9000 including remedies described under Section 10-9a-801 or 17-27a-801 , before requesting an
9001 advisory opinion.
9002 (4) The Office of the Property Rights Ombudsman shall:
9003 (a) deliver notice of the request to opposing parties indicated in the request;
9004 (b) inquire of all parties if there are other necessary parties to the dispute; and
9005 (c) deliver notice to all necessary parties.
9006 (5) If a governmental entity is an opposing party, the Office of the Property Rights
9007 Ombudsman shall deliver the request in the manner provided for in Section [
9008 63G-7-301 .
9009 (6) (a) The Office of the Property Rights Ombudsman shall promptly determine if the
9010 parties can agree to a neutral third party to issue an advisory opinion.
9011 (b) If no agreement can be reached within four business days after notice is delivered
9012 pursuant to Subsections (4) and (5), the Office of the Property Rights Ombudsman shall
9013 appoint a neutral third party to issue an advisory opinion.
9014 (7) All parties that are the subject of the request for advisory opinion shall:
9015 (a) share equally in the cost of the advisory opinion; and
9016 (b) provide financial assurance for payment that the neutral third party requires.
9017 (8) The neutral third party shall comply with the provisions of Section 78-31a-109 , and
9018 shall promptly:
9019 (a) seek a response from all necessary parties to the issues raised in the request for
9020 advisory opinion;
9021 (b) investigate and consider all responses; and
9022 (c) issue a written advisory opinion within 15 business days after the appointment of
9023 the neutral third party under Subsection (6)(b), unless:
9024 (i) the parties agree to extend the deadline; or
9025 (ii) the neutral third party determines that the matter is complex and requires additional
9026 time to render an opinion, which may not exceed 30 calendar days.
9027 (9) An advisory opinion shall include a statement of the facts and law supporting the
9028 opinion's conclusions.
9029 (10) (a) Copies of any advisory opinion issued by the Office of the Property Rights
9030 Ombudsman shall be delivered as soon as practicable to all necessary parties.
9031 (b) A copy of the advisory opinion shall be delivered to the government entity in the
9032 manner provided for in Section [
9033 (11) An advisory opinion issued by the Office of the Property Rights Ombudsman is
9034 not binding on any party to, nor admissible as evidence in, a dispute involving land use law
9035 except as provided in Subsection (12).
9036 (12) (a) If the same issue that is the subject of an advisory opinion is listed as a cause
9037 of action in litigation, and that cause of action is litigated on the same facts and circumstances
9038 and is resolved consistent with the advisory opinion, the substantially prevailing party on that
9039 cause of action may collect reasonable attorney fees and court costs pertaining to the
9040 development of that cause of action from the date of the delivery of the advisory opinion to the
9041 date of the court's resolution.
9042 (b) Nothing in this Subsection (12) is intended to create any new cause of action under
9043 land use law.
9044 (13) Unless filed by the local government, a request for an advisory opinion under
9045 Section 13-43-205 does not stay the progress of a land use application, or the effect of a land
9046 use decision.
9047 Section 168. Section 14-1-18 is amended to read:
9048 14-1-18. Definitions -- Application of Procurement Code to payment and
9049 performance bonds.
9050 (1) (a) For purposes of this chapter, "political subdivision" means any county, city,
9051 town, school district, local district, special service district, community development and
9052 renewal agency, public corporation, institution of higher education of the state, public agency
9053 of any political subdivision, and, to the extent provided by law, any other entity which expends
9054 public funds for construction.
9055 (b) For purposes of applying Section [
9056 "state" includes "political subdivision."
9057 (2) Section [
9058 alteration, or repair of any public building or public work of the state or a political subdivision
9059 of the state.
9060 Section 169. Section 15-9-103 is amended to read:
9061 15-9-103. Administration -- Rulemaking -- Service of process -- Athlete Agents
9062 Licensing Board.
9063 (1) (a) This chapter shall be administered by the Division of Occupational and
9064 Professional Licensing and is subject to the requirements of Title 58, Chapter 1, Division of
9065 Occupational and Professional Licensing Act, so long as the requirements of Title 58, Chapter
9066 1, are not inconsistent with the requirements of this chapter.
9067 (b) In accordance with [
9068 Administrative Rulemaking Act, the division may make rules necessary to implement the
9069 provisions of this chapter.
9070 (2) By acting as an athlete agent in this state, a nonresident individual appoints the
9071 director of the division as the individual's agent for service of process in any civil action in this
9072 state related to the individual's acting as an athlete agent in this state.
9073 (3) (a) There is created the Athlete Agents Licensing Board consisting of four athlete
9074 agents and one member of the general public.
9075 (b) The Athlete Agents Licensing Board shall be appointed and serve in accordance
9076 with Section 58-1-201 .
9077 (c) The duties and responsibilities of the Athlete Agents Licensing Board are in
9078 accordance with Sections 58-1-202 and 58-1-203 .
9079 (d) In addition, the Athlete Agents Licensing Board shall designate one of its members
9080 on a permanent or rotating basis to:
9081 (i) assist the division in reviewing complaints concerning the unlawful or
9082 unprofessional conduct of a licensee; and
9083 (ii) advise the division in its investigation of these complaints.
9084 (e) A member of the Athlete Agents Licensing Board who has, under Subsection
9085 (3)(d), reviewed a complaint or advised in its investigation may be disqualified from
9086 participating with the board when the board serves as a presiding officer in an adjudicative
9087 proceeding concerning the complaint.
9088 Section 170. Section 15-9-105 is amended to read:
9089 15-9-105. Registration as an athlete agent -- Form -- Requirements.
9090 (1) An applicant for registration shall submit an application for registration to the
9091 division in a form prescribed by the division. An application filed under this section is a public
9092 record under [
9093 Management Act. The application must be in the name of an individual and, except as
9094 otherwise provided in Subsection (2), signed or otherwise authenticated by the applicant under
9095 penalty of perjury and state or contain:
9096 (a) the name of the applicant and the address of the applicant's principal place of
9097 business;
9098 (b) the name of the applicant's business or employer, if applicable;
9099 (c) any business or occupation engaged in by the applicant for the five years
9100 immediately preceding the date of submission of the application;
9101 (d) a description of the applicant's:
9102 (i) formal training as an athlete agent;
9103 (ii) practical experience as an athlete agent; and
9104 (iii) educational background relating to the applicant's activities as an athlete agent;
9105 (e) the names and addresses of three individuals not related to the applicant who are
9106 willing to serve as references;
9107 (f) the name, sport, and last-known team for each individual for whom the applicant
9108 acted as an athlete agent during the five years next preceding the date of submission of the
9109 application;
9110 (g) the names and addresses of all persons who are:
9111 (i) with respect to the athlete agent's business if it is not a corporation, the partners,
9112 members, officers, managers, associates, or profit-sharers of the business; and
9113 (ii) with respect to a corporation employing the athlete agent, the officers, directors,
9114 and any shareholder of the corporation having an interest of 5% or greater;
9115 (h) whether the applicant or any person named pursuant to Subsection (1)(g) has been
9116 convicted of a crime that, if committed in this state, would be a crime involving moral
9117 turpitude or a felony, and identify the crime;
9118 (i) whether there has been any administrative or judicial determination that the
9119 applicant or any person named pursuant to Subsection (1)(g) has made a false, misleading,
9120 deceptive, or fraudulent representation;
9121 (j) any instance in which the conduct of the applicant or any person named pursuant to
9122 Subsection (1)(g) resulted in the imposition of a sanction, suspension, or declaration of
9123 ineligibility to participate in an interscholastic or intercollegiate athletic event on a
9124 student-athlete or educational institution;
9125 (k) any sanction, suspension, or disciplinary action taken against the applicant or any
9126 person named pursuant to Subsection (1)(g) arising out of occupational or professional
9127 conduct; and
9128 (l) whether there has been any denial of an application for, suspension or revocation of,
9129 or refusal to renew, the registration or licensure of the applicant or any person named pursuant
9130 to Subsection (1)(g) as an athlete agent in any state.
9131 (2) An individual who has submitted an application for, and holds a certificate of,
9132 registration or licensure as an athlete agent in another state, may submit a copy of the
9133 application and certificate in lieu of submitting an application in the form prescribed pursuant
9134 to Subsection (1). The division shall accept the application and the certificate from the other
9135 state as an application for registration in this state if the application to the other state:
9136 (a) was submitted in the other state within six months immediately preceding the
9137 submission of the application in this state and the applicant certifies that the information
9138 contained in the application is current;
9139 (b) contains information substantially similar to or more comprehensive than that
9140 required in an application submitted in this state; and
9141 (c) was signed by the applicant under penalty of perjury.
9142 Section 171. Section 15-9-106 is amended to read:
9143 15-9-106. Certificate of registration -- Issuance or denial -- Renewal.
9144 (1) Except as otherwise provided in Subsection (2), the division shall issue a certificate
9145 of registration to an individual who complies with Subsection 15-9-105 (1) or whose
9146 application has been accepted under Subsection 15-9-105 (2).
9147 (2) The division may refuse to issue a certificate of registration if the division
9148 determines that the applicant has engaged in conduct that has a significant adverse effect on the
9149 applicant's fitness to act as an athlete agent. In making the determination, the division may
9150 consider whether the applicant has:
9151 (a) been convicted of a crime that, if committed in this state, would be a crime
9152 involving moral turpitude or a felony;
9153 (b) made a materially false, misleading, deceptive, or fraudulent representation in the
9154 application or as an athlete agent;
9155 (c) engaged in conduct that would disqualify the applicant from serving in a fiduciary
9156 capacity;
9157 (d) engaged in conduct prohibited by Section 15-9-114 ;
9158 (e) had a registration or licensure as an athlete agent suspended, revoked, or denied or
9159 been refused renewal of registration or licensure as an athlete agent in any state;
9160 (f) engaged in conduct the consequence of which was that a sanction, suspension, or
9161 declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event
9162 was imposed on a student-athlete or educational institution; or
9163 (g) engaged in conduct that significantly, adversely reflects on the applicant's
9164 credibility, honesty, or integrity.
9165 (3) In making a determination under Subsection (2), the division shall consider:
9166 (a) how recently the conduct occurred;
9167 (b) the nature of the conduct and the context in which it occurred; and
9168 (c) any other relevant conduct of the applicant.
9169 (4) An athlete agent may apply to renew a registration by submitting an application for
9170 renewal in a form prescribed by the division. An application filed under this section is a public
9171 record under [
9172 Management Act. The application for renewal must be signed by the applicant under penalty
9173 of perjury and must contain current information on all matters required in an original
9174 registration.
9175 (5) An individual who has submitted an application for renewal of registration or
9176 licensure in another state, in lieu of submitting an application for renewal in the form
9177 prescribed pursuant to Subsection (4), may file a copy of the application for renewal and a valid
9178 certificate of registration or licensure from the other state. The division shall accept the
9179 application for renewal from the other state as an application for renewal in this state if the
9180 application to the other state:
9181 (a) was submitted in the other state within six months immediately preceding the filing
9182 in this state and the applicant certifies the information contained in the application for renewal
9183 is current;
9184 (b) contains information substantially similar to or more comprehensive than that
9185 required in an application for renewal submitted in this state; and
9186 (c) was signed by the applicant under penalty of perjury.
9187 (6) A certificate of registration or a renewal of a registration is valid for two years.
9188 Section 172. Section 15-9-107 is amended to read:
9189 15-9-107. Suspension, revocation, or refusal to renew registration.
9190 (1) The division may suspend, revoke, or refuse to renew a registration for conduct that
9191 would have justified denial of registration under Subsection 15-9-106 (2).
9192 (2) The division may suspend, revoke, or refuse to renew a certificate of registration or
9193 licensure only after proper notice and an opportunity for a hearing. [
9194 Title 63G, Chapter 4, Administrative Procedures Act, applies to this chapter.
9195 Section 173. Section 15-9-109 is amended to read:
9196 15-9-109. Registration and renewal fees.
9197 (1) An application for registration or renewal of registration must be accompanied by a
9198 fee in an amount determined by the division in accordance with Section [
9199 (2) The division shall establish fees for:
9200 (a) an initial application for registration;
9201 (b) an application for registration based upon a certificate of registration or licensure
9202 issued by another state;
9203 (c) an application for renewal of registration; and
9204 (d) an application for renewal of registration based upon an application for renewal of
9205 registration or licensure submitted in another state.
9206 Section 174. Section 16-6a-107 is amended to read:
9207 16-6a-107. Fees.
9208 (1) Unless otherwise provided by statute, the division shall charge and collect a fee for
9209 services established by the division in accordance with Section [
9210 including fees:
9211 (a) for furnishing a certified copy of any document, instrument, or paper relating to a
9212 domestic or foreign nonprofit corporation; and
9213 (b) for the certificate and affixing the seal to a certified copy described in Subsection
9214 (1)(a).
9215 (2) (a) The division shall provide expedited, 24-hour processing of any item under this
9216 section upon request.
9217 (b) The division shall charge and collect additional fees established by the division in
9218 accordance with Section [
9219 Subsection (2)(a).
9220 (3) (a) The division shall charge and collect a fee determined by the division in
9221 accordance with Section [
9222 director of the division as resident agent of a domestic or foreign nonprofit corporation.
9223 (b) The fee paid under Subsection (3)(a) may be recovered as taxable costs by the party
9224 to the suit or action causing the service to be made if the party prevails in the suit or action.
9225 Section 175. Section 16-6a-111 is amended to read:
9226 16-6a-111. Appeal from division's refusal to file document.
9227 If the division refuses to file a document delivered to it for filing, in accordance with
9228 [
9229 may appeal the refusal to the executive director:
9230 (1) the domestic or foreign nonprofit corporation for which the filing was requested; or
9231 (2) the representative of the domestic or foreign nonprofit corporation for which filing
9232 was requested.
9233 Section 176. Section 16-6a-1413 is amended to read:
9234 16-6a-1413. Appeal from denial of reinstatement.
9235 (1) If the division denies a nonprofit corporation's application for reinstatement
9236 following administrative dissolution under Section 16-6a-1411 , the division shall mail to the
9237 nonprofit corporation in the manner provided in Subsection 16-6a-1411 (6) written notice:
9238 (a) setting forth the reasons for denying the application; and
9239 (b) stating that the nonprofit corporation has the right to appeal the division's
9240 determination to the executive director as provided in Subsection (2).
9241 (2) If the division denies a nonprofit corporation's application for reinstatement
9242 following administrative dissolution, in accordance with [
9243 Chapter 4, Administrative Procedures Act, the following may appeal the denial to the executive
9244 director:
9245 (a) the nonprofit corporation for which the reinstatement was requested; or
9246 (b) the representative of the nonprofit corporation for which reinstatement was
9247 requested.
9248 Section 177. Section 16-6a-1502 is amended to read:
9249 16-6a-1502. Consequences of conducting affairs without authority.
9250 (1) A foreign nonprofit corporation, its successor, or anyone acting on its behalf,
9251 conducting affairs in this state without authority may not be permitted to maintain a proceeding
9252 in any court in this state until an application for authority to conduct affairs is filed.
9253 (2) (a) A foreign nonprofit corporation or successor that conducts affairs in this state
9254 without authority shall be liable to this state in an amount equal to the sum of:
9255 (i) all fees imposed by this chapter or prior law that would have been paid for all years
9256 or portions of years during which it conducted affairs in this state without authority; and
9257 (ii) all penalties imposed by the division for failure to pay the fees described in
9258 Subsection (2)(a)(i).
9259 (b) An application for authority to conduct affairs may not be filed until payment of the
9260 amounts due under this Subsection (2) is made.
9261 (3) (a) A court may stay a proceeding commenced by a foreign nonprofit corporation,
9262 its successor, or assignee until it determines whether the foreign nonprofit corporation, its
9263 successor, or assignee is required to file an application for authority to conduct affairs.
9264 (b) If the court determines that a foreign nonprofit corporation, its successor, or
9265 assignee is required to file an application for authority to conduct affairs, the court may further
9266 stay the proceeding until the required application for authority to conduct affairs has been filed
9267 with the division.
9268 (4) (a) A foreign nonprofit corporation that conducts affairs in this state without
9269 authority is subject to a civil penalty, payable to this state, of $100 for each day in which it
9270 transacts business in this state without authority.
9271 (b) Notwithstanding Subsection (4)(a), the civil penalty imposed under Subsection
9272 (4)(a) may not exceed a total of $5,000 for each year.
9273 (c) The following are subject to a civil penalty payable to the state not exceeding
9274 $1,000:
9275 (i) each officer of a foreign nonprofit corporation who authorizes, directs, or
9276 participates in the conducting of affairs in this state without authority; and
9277 (ii) each agent of a foreign nonprofit corporation who transacts business in this state on
9278 behalf of a foreign nonprofit corporation that is not authorized.
9279 (d) The division may make rules to carry out the provisions of this Subsection (4),
9280 including procedures to request the division to abate for reasonable cause a penalty imposed
9281 under this Subsection (4).
9282 (e) If the division imposes a civil penalty under this Subsection (4) on a foreign
9283 nonprofit corporation, in accordance with [
9284 Administrative Procedures Act, the following may appeal the civil penalty to the executive
9285 director:
9286 (i) the foreign nonprofit corporation; or
9287 (ii) the representative of the foreign nonprofit corporation.
9288 (5) (a) The civil penalties set forth in Subsection (4) may be recovered in an action
9289 brought:
9290 (i) in an appropriate court in Salt Lake County; or
9291 (ii) in any other county in this state in which the foreign nonprofit corporation:
9292 (A) has a registered, principal, or business office; or
9293 (B) has conducted affairs.
9294 (b) Upon a finding by the court that a foreign nonprofit corporation or any of its
9295 officers or agents have conducted affairs in this state in violation of this part, in addition to or
9296 instead of a civil penalty, the court shall issue an injunction restraining:
9297 (i) the further conducting of affairs of the foreign nonprofit corporation; and
9298 (ii) the further exercise of any corporate rights and privileges in this state.
9299 (c) Upon issuance of the injunction described in Subsection (5)(b), the foreign
9300 nonprofit corporation shall be enjoined from conducting affairs in this state until:
9301 (i) all civil penalties have been paid, plus any interest and court costs assessed by the
9302 court; and
9303 (ii) the foreign nonprofit corporation has otherwise complied with the provisions of
9304 this part.
9305 (6) Notwithstanding Subsections (1) and (2), the failure of a foreign nonprofit
9306 corporation to have authority to conduct affairs in this state does not:
9307 (a) impair the validity of its corporate acts; or
9308 (b) prevent the foreign nonprofit corporation from defending any proceeding in this
9309 state.
9310 Section 178. Section 16-6a-1517 is amended to read:
9311 16-6a-1517. Appeal from revocation.
9312 If the division revokes the authority of a foreign nonprofit corporation to conduct affairs
9313 in this state, in accordance with [
9314 Procedures Act, the following may appeal the refusal to the executive director:
9315 (1) the foreign nonprofit corporation; or
9316 (2) the representative of the foreign nonprofit corporation.
9317 Section 179. Section 16-7-11 is amended to read:
9318 16-7-11. Fees for filing documents and issuing certificates.
9319 The division shall charge and collect a fee determined by it pursuant to Section
9320 [
9321 (1) filing articles of incorporation of a corporation sole and issuing a certificate of
9322 incorporation;
9323 (2) filing articles of amendment and issuing a certificate of amendment;
9324 (3) issuing each additional certificate of incorporation or amendment;
9325 (4) filing a certificate of authorized agent and issuing the agent's certificate;
9326 (5) filing a revocation of authority;
9327 (6) furnishing a certified copy of any document, instrument, or paper relating to a
9328 corporation sole and affixing its seal;
9329 (7) issuing a certificate of dissolution; and
9330 (8) issuing a certificate of merger or consolidation.
9331 Section 180. Section 16-10a-122 is amended to read:
9332 16-10a-122. Fees.
9333 Unless otherwise provided by statute, the division shall charge and collect fees for
9334 services as provided in Section [
9335 Section 181. Section 16-10a-1423 is amended to read:
9336 16-10a-1423. Appeal from denial of reinstatement.
9337 If the division denies a corporation's application for reinstatement under Section
9338 16-10a-1422 following administrative dissolution, the division shall mail to the corporation in
9339 the manner provided in Subsection 16-10a-1421 (6) written notice:
9340 (1) setting forth the reasons for denying the application; and
9341 (2) stating that the corporation has the right to appeal the division's determination to
9342 the executive director of the Department of Commerce in accordance with [
9343
9344 Section 182. Section 16-12-3 is amended to read:
9345 16-12-3. Declaration of trust -- Filing fee.
9346 An original and one copy of the declaration of trust of a real estate investment trust
9347 shall be delivered to the Division of Corporations and Commercial Code, and [
9348 shall endorse on the original and one copy the word "filed." The Division of Corporations and
9349 Commercial Code shall file the original in [
9350 to the trustees or their representatives. The Division of Corporations and Commercial Code
9351 may charge a fee pursuant to Section [
9352 Section 183. Section 16-13-12 is amended to read:
9353 16-13-12. Licensing, supervision, and examination by commissioner of financial
9354 institutions -- Fees.
9355 A development corporation shall be licensed, supervised, and examined by the
9356 commissioner of financial institutions and shall make such report of its condition from time to
9357 time as the commissioner shall require. A development corporation shall pay a fee determined
9358 by the commissioner pursuant to Section [
9359 examination.
9360 Section 184. Section 16-15-105 is amended to read:
9361 16-15-105. Filing of certificate -- Fees.
9362 (1) A business trust is registered when two copies of the certificate of registration are
9363 filed with the division. The documents to be filed shall be true copies made by photographic,
9364 xerographic, electronic, or other process that provides similar copy accuracy of a document that
9365 has been properly executed.
9366 (2) The division shall endorse the original and one copy of a certificate of registration
9367 and:
9368 (a) file the original in the division office; and
9369 (b) return the copy to the trustee or the trustee's representative.
9370 (3) The division may charge a fee in accordance with Section [
9371 for the filing.
9372 Section 185. Section 16-15-107 is amended to read:
9373 16-15-107. Expiration of filing -- Notice.
9374 (1) A filing under this chapter shall be effective for a period of three years from the
9375 date of filing plus the notice period provided in Subsection (2).
9376 (2) (a) If no new filing is made by or on behalf of the trust who made the original filing
9377 within three years of the date of filing, the division shall send a notice by regular mail, postage
9378 prepaid, to the address shown for the registered office in the filing indicating that it will expire
9379 30 days after the division mailed the notice.
9380 (b) If no new filing is made within 30 days after the date of the division mailing the
9381 notice, the business trust's registration expires.
9382 (3) If the registration of a business trust has expired or has been canceled for failure to
9383 maintain a registered agent, the business trust may not conduct business in this state until it has
9384 newly registered with the division under this chapter.
9385 (4) The division may charge a fee in accordance with Section [
9386 for the renewal of a registration.
9387 Section 186. Section 16-15-108 is amended to read:
9388 16-15-108. When amendments are required.
9389 (1) An amended certificate shall be filed with the division not later than 30 days after
9390 any change in:
9391 (a) any person acting as a trustee of the trust, or the address of any trustee;
9392 (b) the registered agent of the trust;
9393 (c) the registered office of the business trust; or
9394 (d) in any information required to be filed with the division under this chapter.
9395 (2) The amended certificate shall be signed by each trustee of the business trust and
9396 filed in the same manner as a certificate of registration under Section 16-15-105 .
9397 (3) The division may charge a fee in accordance with Section [
9398 for amending a certificate of registration.
9399 Section 187. Section 17-15-24 is amended to read:
9400 17-15-24. Procurement -- Use of recycled goods.
9401 The procurement officer or other person responsible for purchasing supplies for each
9402 county and each entity created by a county or joined by a county shall:
9403 (1) maintain for reference a copy of the current listing of recycled items available on a
9404 state contract as issued by the chief procurement officer appointed under Section [
9405 63G-6-204 ; and
9406 (2) give recycled items consideration when inviting bids and purchasing supplies, in
9407 compliance with Section 11-37-101 .
9408 Section 188. Section 17-16-21 is amended to read:
9409 17-16-21. Fees of county officers.
9410 (1) As used in this section, "county officer" means all of the county officers
9411 enumerated in Section 17-53-101 except county recorders, county constables, and county
9412 sheriffs.
9413 (2) (a) Each county officer shall collect, in advance, for exclusive county use and
9414 benefit:
9415 (i) all fees established by the county legislative body under Section 17-53-211 ; and
9416 (ii) any other fees authorized or required by law.
9417 (b) As long as the displaced homemaker program is authorized by Section 35A-3-114 ,
9418 the county clerk shall:
9419 (i) assess $20 in addition to whatever fee for a marriage license is established under
9420 authority of this section; and
9421 (ii) transmit $20 from each marriage license fee to the Division of Finance to be
9422 credited to the displaced homemaker program.
9423 (c) As long as the Children's Legal Defense Account is authorized by Section
9424 [
9425 (i) assess $10 in addition to whatever fee for a marriage license is established under
9426 authority of this section and in addition to the $20 assessed for the displaced homemaker
9427 program; and
9428 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
9429 in the Children's Legal Defense Account.
9430 (3) This section does not apply to any fees currently being assessed by the state but
9431 collected by county officers.
9432 Section 189. Section 17-16a-4 is amended to read:
9433 17-16a-4. Prohibited use of official position -- Exception.
9434 (1) Except as provided in Subsection (3), it is an offense for an elected or appointed
9435 officer, under circumstances not amounting to a violation of Section [
9436 or 76-8-105 , to:
9437 (a) disclose confidential information acquired by reason of [
9438 position or use that information to secure special privileges or exemptions for himself or
9439 others;
9440 (b) use or attempt to use [
9441 for [
9442 (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or
9443 loan for [
9444 officer in the discharge of [
9445 (2) This section is inapplicable to:
9446 (a) an occasional nonpecuniary gift having a value of less than $50;
9447 (b) an award publicly presented;
9448 (c) any bona fide loan made in the ordinary course of business; or
9449 (d) political campaign contributions actually used in a political campaign.
9450 (3) A member of a county legislative body who is also a member of the governing
9451 board of a provider of mental health or substance abuse services under contract with the county
9452 does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the
9453 duties and responsibilities of each position, if the county legislative body member does not
9454 participate in the process of selecting the mental health or substance abuse service provider.
9455 Section 190. Section 17-21-17 is amended to read:
9456 17-21-17. Prohibited acts.
9457 (1) Upon acceptance of an instrument entitled to be recorded, the recorder may not:
9458 (a) record the instrument in any manner other than the manner required by this chapter;
9459 or
9460 (b) alter, change, obliterate, or insert any new matter in any instrument of record.
9461 (2) A recorder does not violate this section by:
9462 (a) denying access to:
9463 (i) an instrument of record that has been classified as private under Section [
9464 63G-2-302 ; or
9465 (ii) a portion of an instrument of record that has been classified as private under
9466 Section [
9467 (b) placing an endorsement, reference, or other note on a document in the course of the
9468 recorder's work.
9469 Section 191. Section 17-21-19 is amended to read:
9470 17-21-19. Records open to inspection -- Copies.
9471 (1) Unless otherwise classified as private under Section [
9472 instruments of record and all indexes required by this chapter are open to public inspection
9473 during office hours.
9474 (2) Upon payment of the applicable fee, a person may obtain copies of a public record.
9475 Section 192. Section 17-27a-203 is amended to read:
9476 17-27a-203. Notice of intent to prepare a general plan or comprehensive general
9477 plan amendments in certain counties.
9478 (1) Before preparing a proposed general plan or a comprehensive general plan
9479 amendment, each county of the first or second class shall provide ten calendar days notice of its
9480 intent to prepare a proposed general plan or a comprehensive general plan amendment to:
9481 (a) each affected entity;
9482 (b) the Automated Geographic Reference Center created in Section 63F-1-506 ;
9483 (c) the association of governments, established pursuant to an interlocal agreement
9484 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
9485 (d) the state planning coordinator appointed under Section [
9486 (2) Each notice under Subsection (1) shall:
9487 (a) indicate that the county intends to prepare a general plan or a comprehensive
9488 general plan amendment, as the case may be;
9489 (b) describe or provide a map of the geographic area that will be affected by the general
9490 plan or amendment;
9491 (c) be sent by mail, e-mail, or other effective means;
9492 (d) invite the affected entities to provide information for the county to consider in the
9493 process of preparing, adopting, and implementing a general plan or amendment concerning:
9494 (i) impacts that the use of land proposed in the proposed general plan or amendment
9495 may have; and
9496 (ii) uses of land within the county that the affected entity is considering that may
9497 conflict with the proposed general plan or amendment; and
9498 (e) include the address of an Internet website, if the county has one, and the name and
9499 telephone number of a person where more information can be obtained concerning the county's
9500 proposed general plan or amendment.
9501 Section 193. Section 17-27a-402 is amended to read:
9502 17-27a-402. Information and technical assistance from the state.
9503 Each state official, department, and agency shall:
9504 (1) promptly deliver any data and information requested by a county, unless the
9505 disclosure is prohibited by [
9506 Access and Management Act; and
9507 (2) furnish any other technical assistance and advice that they have available to the
9508 county without additional cost to the county.
9509 Section 194. Section 17-43-202 is amended to read:
9510 17-43-202. Local substance abuse authorities -- Requirements prior to
9511 distributing public funds.
9512 (1) Each local substance abuse authority shall award all public funds in compliance
9513 with:
9514 (a) the requirements of [
9515 Code; or
9516 (b) a county procurement ordinance that requires similar procurement practices.
9517 (2) If all initial bids on the project are rejected, the authority shall publish a new
9518 invitation to bid. If no satisfactory bid is received by the authority when the bids received from
9519 the second invitation are opened, the authority may execute a contract without requiring
9520 competitive bidding.
9521 (3) A local substance abuse authority need not comply with the procurement provisions
9522 of this section when it disburses public funds to another political subdivision of the state or an
9523 institution of higher education of the state.
9524 (4) Each contract awarded by a local substance abuse authority shall be for a fixed
9525 amount and limited period. A contract may be modified due to changes in available funding for
9526 the same contract purpose without competition.
9527 Section 195. Section 17-43-302 is amended to read:
9528 17-43-302. Local mental health authorities -- Requirements prior to distributing
9529 public funds.
9530 (1) Each local mental health authority shall award all public funds by complying with
9531 the requirements of [
9532 complying with a county procurement ordinance which requires similar procurement practices.
9533 (2) If all initial bids on the project are rejected, the authority shall publish a new
9534 invitation to bid in the manner specified in this section. If no satisfactory bid is received by the
9535 authority when the bids received from the second invitation are opened, the authority may
9536 execute a contract without requiring competitive bidding.
9537 (3) The local mental health authority need not comply with the procurement provisions
9538 of this section when it disburses public funds to another political subdivision of the state or an
9539 institution of higher education of the state.
9540 (4) Each contract awarded by a local mental health authority shall be for a fixed
9541 amount and limited period. A contract may be modified due to changes in available funding for
9542 the same contract purpose without competition.
9543 Section 196. Section 17-50-302 is amended to read:
9544 17-50-302. General county powers.
9545 (1) A county may:
9546 (a) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
9547 collect special assessments for benefits conferred; and
9548 (b) provide services, exercise powers, and perform functions that are reasonably related
9549 to the safety, health, morals, and welfare of their inhabitants, except as limited or prohibited by
9550 statute.
9551 (2) (a) A county may:
9552 (i) sue and be sued;
9553 (ii) subject to Subsection (2)(c), acquire real property by tax sale, purchase, lease,
9554 contract, or gift, and hold the real property as necessary and proper for county purposes;
9555 (iii) (A) subject to Subsection (2)(b), acquire real property by condemnation, as
9556 provided in Title 78, Chapter 34, Eminent Domain; and
9557 (B) hold the real property as necessary and proper for county purposes;
9558 (iv) as may be necessary to the exercise of its powers, acquire personal property by
9559 purchase, lease, contract, or gift, and hold such personal property; and
9560 (v) manage and dispose of its property as the interests of its inhabitants may require.
9561 (b) (i) For purposes of Subsection (2)(a)(iii), water rights that are not appurtenant to
9562 land do not constitute real property that may be acquired by the county through condemnation.
9563 (ii) Nothing in Subsection (2)(a)(iii) may be construed to authorize a county to acquire
9564 by condemnation the rights to water unless the land to which those water rights are appurtenant
9565 is acquired by condemnation.
9566 (c) (i) Except as provided in Subsection (2)(c)(iv), each county intending to acquire
9567 real property for the purpose of expanding the county's infrastructure or other facilities used for
9568 providing services that the county offers or intends to offer shall provide written notice, as
9569 provided in this Subsection (2)(c), of its intent to acquire the property if:
9570 (A) the property is located:
9571 (I) outside the boundaries of the unincorporated area of the county; and
9572 (II) in a county of the first or second class; and
9573 (B) the intended use of the property is contrary to:
9574 (I) the anticipated use of the property under the general plan of the county in whose
9575 unincorporated area or the municipality in whose boundaries the property is located; or
9576 (II) the property's current zoning designation.
9577 (ii) Each notice under Subsection (2)(c)(i) shall:
9578 (A) indicate that the county intends to acquire real property;
9579 (B) identify the real property; and
9580 (C) be sent to:
9581 (I) each county in whose unincorporated area and each municipality in whose
9582 boundaries the property is located; and
9583 (II) each affected entity.
9584 (iii) A notice under this Subsection (2)(c) is a protected record as provided in
9585 Subsection [
9586 (iv) (A) The notice requirement of Subsection (2)(c)(i) does not apply if the county
9587 previously provided notice under Section 17-27a-203 identifying the general location within
9588 the municipality or unincorporated part of the county where the property to be acquired is
9589 located.
9590 (B) If a county is not required to comply with the notice requirement of Subsection
9591 (2)(c)(i) because of application of Subsection (2)(c)(iv)(A), the county shall provide the notice
9592 specified in Subsection (2)(c)(i) as soon as practicable after its acquisition of the real property.
9593 Section 197. Section 17-50-401 is amended to read:
9594 17-50-401. Review of claims by county executive -- Auditor review -- Attorney
9595 review -- Claim requirements -- Approval or disapproval of claim -- Written explanation
9596 of claim process.
9597 (1) Subject to Subsection (3), each county executive shall review each claim against
9598 the county and disapprove or, if payment appears to the county executive to be just, lawful, and
9599 properly due and owing, approve the claim.
9600 (2) Upon receiving a notice of claim under Section [
9601 county clerk shall deliver the notice of claim to the county executive.
9602 (3) (a) The county executive shall forward all claims regarding liability to the county
9603 attorney, or, in a county that has a district attorney but not a county attorney, to the district
9604 attorney for the attorney's review and recommendation to the county executive regarding
9605 liability and payment.
9606 (b) Except as provided in Section 17-50-405 , the county executive shall forward all
9607 claims requesting payment for goods or services to the county auditor for the auditor's review
9608 and recommendation to the county executive.
9609 (4) Each claim for goods or services against a county shall:
9610 (a) itemize the claim, giving applicable names, dates, and particular goods provided or
9611 services rendered;
9612 (b) if the claim is for service of process, state the character of process served, upon
9613 whom served, the number of days engaged, and the number of miles traveled;
9614 (c) be duly substantiated as to its correctness and as to the fact that it is justly due;
9615 (d) if the claim is for materials furnished, state to whom the materials were furnished,
9616 by whom ordered, and the quantity and price agreed upon; and
9617 (e) be presented to the county executive within a year after the last item of the account
9618 or credit accrued.
9619 (5) If the county executive refuses to hear or consider a claim because it is not properly
9620 made out, the county executive shall cause notice of the refusal to be given to the claimant or
9621 the claimant's agent and shall allow a reasonable amount of time for the claim to be properly
9622 itemized and substantiated.
9623 (6) Each county shall prepare and make available to a person submitting or intending to
9624 submit a claim under this part a written explanation, in simple and easy to understand language,
9625 of how to submit a claim to the county and of the county's process for receiving, reviewing, and
9626 deciding a claim.
9627 (7) Nothing in this section may be construed to modify the requirements of Section
9628 [
9629 Section 198. Section 17-53-225 is amended to read:
9630 17-53-225. County legislative body may adopt Utah Procurement Code --
9631 Retention of records.
9632 (1) A county legislative body may adopt any or all of the provisions of [
9633
9634 to that code.
9635 (2) Whenever any county is required by law to receive bids for purchases, construction,
9636 repairs, or any other purpose requiring the expenditure of funds, that county shall keep on file
9637 all bids received, together with proof of advertisement by publication or otherwise, for:
9638 (a) at least three years following the letting of any contract pursuant to those bids; or
9639 (b) three years following the first advertisement for the bids, if all bids pursuant to that
9640 advertisement are rejected.
9641 Section 199. Section 17-53-311 is amended to read:
9642 17-53-311. Contracting for management, maintenance, operation, or construction
9643 of jails.
9644 (1) (a) With the approval of the sheriff, a county executive may contract with private
9645 contractors for management, maintenance, operation, and construction of county jails.
9646 (b) A county executive may include a provision in the contract that allows use of a
9647 building authority created under the provisions of Title 17A, Chapter 3, Part 9, Municipal
9648 Building Authorities, to construct or acquire a jail facility.
9649 (c) A county executive may include a provision in the contract that requires that any
9650 jail facility meet any federal, state, or local standards for the construction of jails.
9651 (2) If a county executive contracts only for the management, maintenance, or operation
9652 of a jail, the county executive shall include provisions in the contract that:
9653 (a) require the private contractor to post a performance bond in the amount set by the
9654 county legislative body;
9655 (b) establish training standards that must be met by jail personnel;
9656 (c) require the private contractor to provide and fund training for jail personnel so that
9657 the personnel meet the standards established in the contract and any other federal, state, or local
9658 standards for the operation of jails and the treatment of jail prisoners;
9659 (d) require the private contractor to indemnify the county for errors, omissions,
9660 defalcations, and other activities committed by the private contractor that result in liability to
9661 the county;
9662 (e) require the private contractor to show evidence of liability insurance protecting the
9663 county and its officers, employees, and agents from liability arising from the construction,
9664 operation, or maintenance of the jail, in an amount not less than those specified in [
9665
9666 (f) require the private contractor to:
9667 (i) receive all prisoners committed to the jail by competent authority; and
9668 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
9669 by the governing body; and
9670 (g) prohibit the use of inmates by the private contractor for private business purposes
9671 of any kind.
9672 (3) A contractual provision requiring the private contractor to maintain liability
9673 insurance in an amount not less than the liability limits established by [
9674 Title 63G, Chapter 7, Governmental Immunity Act of Utah, may not be construed as waiving
9675 the limitation on damages recoverable from a governmental entity or its employees established
9676 by that chapter.
9677 Section 200. Section 17-53-313 is amended to read:
9678 17-53-313. Hiring of professional architect, engineer, or surveyor.
9679 Notwithstanding the adoption of some or all of the provisions of [
9680 Title 63G, Chapter 6, Utah Procurement Code, under Section 17-53-225 , each county executive
9681 that engages the services of a professional architect, engineer, or surveyor and considers more
9682 than one such professional for the engagement:
9683 (1) shall consider, as a minimum, in the selection process:
9684 (a) the qualifications, experience, and background of each firm submitting a proposal;
9685 (b) the specific individuals assigned to the project and the time commitments of each to
9686 the project; and
9687 (c) the project schedule and the approach to the project that the firm will take; and
9688 (2) may engage the services of a professional architect, engineer, or surveyor based on
9689 the criteria under Subsection (1) rather than solely on lowest cost.
9690 Section 201. Section 17B-1-106 is amended to read:
9691 17B-1-106. Notice before preparing or amending a long-range plan or acquiring
9692 certain property.
9693 (1) As used in this section:
9694 (a) (i) "Affected entity" means each county, municipality, local district under this title,
9695 special service district, school district, interlocal cooperation entity established under Title 11,
9696 Chapter 13, Interlocal Cooperation Act, and specified public utility:
9697 (A) whose services or facilities are likely to require expansion or significant
9698 modification because of an intended use of land; or
9699 (B) that has filed with the local district a copy of the general or long-range plan of the
9700 county, municipality, local district, school district, interlocal cooperation entity, or specified
9701 public utility.
9702 (ii) "Affected entity" does not include the local district that is required under this
9703 section to provide notice.
9704 (b) "Specified public utility" means an electrical corporation, gas corporation, or
9705 telephone corporation, as those terms are defined in Section 54-2-1 .
9706 (2) (a) If a local district under this title located in a county of the first or second class
9707 prepares a long-range plan regarding its facilities proposed for the future or amends an already
9708 existing long-range plan, the local district shall, before preparing a long-range plan or
9709 amendments to an existing long-range plan, provide written notice, as provided in this section,
9710 of its intent to prepare a long-range plan or to amend an existing long-range plan.
9711 (b) Each notice under Subsection (2)(a) shall:
9712 (i) indicate that the local district intends to prepare a long-range plan or to amend a
9713 long-range plan, as the case may be;
9714 (ii) describe or provide a map of the geographic area that will be affected by the
9715 long-range plan or amendments to a long-range plan;
9716 (iii) be sent to:
9717 (A) each county in whose unincorporated area and each municipality in whose
9718 boundaries is located the land on which the proposed long-range plan or amendments to a
9719 long-range plan are expected to indicate that the proposed facilities will be located;
9720 (B) each affected entity;
9721 (C) the Automated Geographic Reference Center created in Section 63F-1-506 ;
9722 (D) each association of governments, established pursuant to an interlocal agreement
9723 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
9724 described in Subsection (2)(b)(iii)(A) is a member; and
9725 (E) the state planning coordinator appointed under Section [
9726 (iv) with respect to the notice to counties and municipalities described in Subsection
9727 (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
9728 consider in the process of preparing, adopting, and implementing the long-range plan or
9729 amendments to a long-range plan concerning:
9730 (A) impacts that the use of land proposed in the proposed long-range plan or
9731 amendments to a long-range plan may have on the county, municipality, or affected entity; and
9732 (B) uses of land that the county, municipality, or affected entity is planning or
9733 considering that may conflict with the proposed long-range plan or amendments to a long-range
9734 plan; and
9735 (v) include the address of an Internet website, if the local district has one, and the name
9736 and telephone number of a person where more information can be obtained concerning the
9737 local district's proposed long-range plan or amendments to a long-range plan.
9738 (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
9739 real property in a county of the first or second class for the purpose of expanding the district's
9740 infrastructure or other facilities used for providing the services that the district is authorized to
9741 provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
9742 the property if the intended use of the property is contrary to:
9743 (i) the anticipated use of the property under the county or municipality's general plan;
9744 or
9745 (ii) the property's current zoning designation.
9746 (b) Each notice under Subsection (3)(a) shall:
9747 (i) indicate that the local district intends to acquire real property;
9748 (ii) identify the real property; and
9749 (iii) be sent to:
9750 (A) each county in whose unincorporated area and each municipality in whose
9751 boundaries the property is located; and
9752 (B) each affected entity.
9753 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
9754 [
9755 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
9756 previously provided notice under Subsection (2) identifying the general location within the
9757 municipality or unincorporated part of the county where the property to be acquired is located.
9758 (ii) If a local district is not required to comply with the notice requirement of
9759 Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
9760 the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
9761 property.
9762 Section 202. Section 17B-1-108 is amended to read:
9763 17B-1-108. Restrictions on local district procurement of architect-engineer
9764 services.
9765 (1) As used in this section:
9766 (a) "Architect-engineer services" means those professional services within the scope of
9767 the practice of architecture as defined in Section 58-3a-102 .
9768 (b) "Engineer services" means those professional services within the scope of the
9769 practice of professional engineering as defined in Section 58-22-102 .
9770 (2) When a local district elects to obtain architect services or engineering services by
9771 using a competitive procurement process and has provided public notice of its competitive
9772 procurement process:
9773 (a) a higher education entity, or any part of one, may not submit a proposal in response
9774 to the local district's competitive procurement process; and
9775 (b) the local district may not award a contract to perform the architect services or
9776 engineering services solicited in the competitive procurement process to a higher education
9777 entity or any part of one.
9778 (3) Notwithstanding Subsection [
9779 that engages the services of a professional architect, engineer, or surveyor and considers more
9780 than one such professional for the engagement:
9781 (a) shall consider, as a minimum, in the selection process:
9782 (i) the qualifications, experience, and background of each firm submitting a proposal;
9783 (ii) the specific individuals assigned to the project and the time commitments of each
9784 to the project; and
9785 (iii) the project schedule and the approach to the project that the firm will take; and
9786 (b) may engage the services of a professional architect, engineer, or surveyor based on
9787 the criteria under Subsection (3)(a) rather than solely on lowest cost.
9788 Section 203. Section 17B-2a-818 is amended to read:
9789 17B-2a-818. Requirements applicable to public transit district contracts.
9790 (1) If the expenditure required to construct district facilities or works exceeds $25,000,
9791 the construction shall be let as provided in [
9792 Procurement Code.
9793 (2) (a) The board of trustees of a public transit district shall advertise each bid or
9794 proposal through public notice as the board determines.
9795 (b) A notice under Subsection (2)(a) may:
9796 (i) include publication in:
9797 (A) a newspaper of general circulation in the district;
9798 (B) a trade journal; or
9799 (C) other method determined by the board; and
9800 (ii) be made at least once, not less than ten days before the expiration of the period
9801 within which bids or proposals are received.
9802 (3) (a) The board of trustees may, in its discretion:
9803 (i) reject any or all bids or proposals; and
9804 (ii) readvertise or give notice again.
9805 (b) If, after rejecting bids or proposals, the board of trustees determines and declares by
9806 a two-thirds vote of all members present that in the board's opinion the supplies, equipment,
9807 and materials may be purchased at a lower price in the open market, the board may purchase
9808 the supplies, equipment, and materials in the open market, notwithstanding any provisions
9809 requiring contracts, bids, proposals, advertisement, or notice.
9810 (4) The board of trustees of a public transit district may let a contract without
9811 advertising for or inviting bids if:
9812 (a) the board finds, upon a two-thirds vote of all members present, that a repair,
9813 alteration, or other work or the purchase of materials, supplies, equipment, or other property is
9814 of urgent necessity; or
9815 (b) the district's general manager certifies by affidavit that there is only one source for
9816 the required supplies, equipment, materials, or construction items.
9817 (5) If a public transit district retains or withholds any payment on a contract with a
9818 private contractor to construct facilities under this section, the board shall retain or withhold
9819 and release the payment as provided in Section 13-8-5 .
9820 Section 204. Section 17C-2-602 is amended to read:
9821 17C-2-602. Prerequisites to the acquisition of property by eminent domain --
9822 Civil action authorized -- Record of good faith negotiations to be retained.
9823 (1) Before an agency may acquire property by eminent domain, the agency shall:
9824 (a) negotiate in good faith with the affected record property owner;
9825 (b) provide to each affected record property owner a written declaration that includes:
9826 (i) an explanation of the eminent domain process and the reasons for using it,
9827 including:
9828 (A) the need for the agency to obtain an independent appraisal that indicates the fair
9829 market value of the property and how the fair market value was determined;
9830 (B) a statement that the agency may adopt a resolution authorizing the agency to make
9831 an offer to the record property owner to purchase the property for the fair market value amount
9832 determined by the appraiser and that, if the offer is rejected, the agency has the right to acquire
9833 the property through an eminent domain proceeding; and
9834 (C) a statement that the agency will prepare an offer that will include the price the
9835 agency is offering for the property, an explanation of how the agency determined the price
9836 being offered, the legal description of the property, conditions of the offer, and the time at
9837 which the offer will expire;
9838 (ii) an explanation of the record property owner's relocation rights under Title 57,
9839 Chapter 12, Utah Relocation Assistance Act, and how to receive relocation assistance; and
9840 (iii) a statement that the owner has the right to receive just compensation and an
9841 explanation of how to obtain it; and
9842 (c) provide to the affected record property owner or the owner's designated
9843 representative a notice that is printed in a type size of at least ten-point type that contains:
9844 (i) a description of the property to be acquired;
9845 (ii) the name of the agency acquiring the property and the agency's contact person and
9846 telephone number; and
9847 (iii) a copy of Title 57, Chapter 12, Utah Relocation Assistance Act.
9848 (2) A person may bring a civil action against an agency for a violation of Subsection
9849 (1)(b) that results in damage to that person.
9850 (3) Each agency shall keep a record and evidence of the good faith negotiations
9851 required under Subsection (1)(a) and retain the record and evidence as provided in:
9852 (a) [
9853 Management Act; or
9854 (b) an ordinance or policy that the agency had adopted under Section [
9855 63G-2-701 .
9856 (4) A record property owner whose property is being taken by an agency through the
9857 exercise of eminent domain may elect to receive for the real property being taken:
9858 (a) fair market value; or
9859 (b) replacement property under Section 57-12-7 .
9860 Section 205. Section 19-1-201 is amended to read:
9861 19-1-201. Powers of department.
9862 (1) The department shall:
9863 (a) enter into cooperative agreements with the Department of Health to delineate
9864 specific responsibilities to assure that assessment and management of risk to human health
9865 from the environment are properly administered;
9866 (b) consult with the Department of Health and enter into cooperative agreements, as
9867 needed, to ensure efficient use of resources and effective response to potential health and safety
9868 threats from the environment, and to prevent gaps in protection from potential risks from the
9869 environment to specific individuals or population groups; and
9870 (c) coordinate implementation of environmental programs to maximize efficient use of
9871 resources by developing, with local health departments, a Comprehensive Environmental
9872 Service Delivery Plan that:
9873 (i) recognizes that the department and local health departments are the foundation for
9874 providing environmental health programs in the state;
9875 (ii) delineates the responsibilities of the department and each local health department
9876 for the efficient delivery of environmental programs using federal, state, and local authorities,
9877 responsibilities, and resources;
9878 (iii) provides for the delegation of authority and pass through of funding to local health
9879 departments for environmental programs, to the extent allowed by applicable law, identified in
9880 the plan, and requested by the local health department; and
9881 (iv) is reviewed and updated annually.
9882 (2) The department may:
9883 (a) investigate matters affecting the environment;
9884 (b) investigate and control matters affecting the public health when caused by
9885 environmental hazards;
9886 (c) prepare, publish, and disseminate information to inform the public concerning
9887 issues involving environmental quality;
9888 (d) establish and operate programs, as authorized by this title, necessary for protection
9889 of the environment and public health from environmental hazards;
9890 (e) use local health departments in the delivery of environmental health programs to
9891 the extent provided by law;
9892 (f) enter into contracts with local health departments or others to meet responsibilities
9893 established under this title;
9894 (g) acquire real and personal property by purchase, gift, devise, and other lawful
9895 means;
9896 (h) prepare and submit to the governor a proposed budget to be included in the budget
9897 submitted by the governor to the Legislature;
9898 (i) (i) establish a schedule of fees that may be assessed for actions and services of the
9899 department according to the procedures and requirements of Section [
9900 and
9901 (ii) in accordance with Section [
9902 and reflect the cost of services provided;
9903 (j) prescribe by rule reasonable requirements not inconsistent with law relating to
9904 environmental quality for local health departments;
9905 (k) perform the administrative functions of the boards established by Section 19-1-106 ,
9906 including the acceptance and administration of grants from the federal government and from
9907 other sources, public or private, to carry out the board's functions; and
9908 (l) upon the request of any board or the executive secretary, provide professional,
9909 technical, and clerical staff and field and laboratory services, the extent of which are limited by
9910 the funds available to the department for the staff and services.
9911 Section 206. Section 19-1-301 is amended to read:
9912 19-1-301. Adjudicative proceedings.
9913 The department and its boards shall comply with the procedures and requirements of
9914 [
9915 Section 207. Section 19-1-305 is amended to read:
9916 19-1-305. Administrative enforcement proceedings -- Tolling of limitation period.
9917 Issuing a notice of a violation, an order, or a notice of agency action under this title tolls
9918 the running of the period of limitation for commencing a civil action to assess or collect a
9919 penalty until the sooner of:
9920 (1) the day on which the notice of violation, order, or agency action becomes final
9921 under [
9922 (2) three years from the day on which the department issues a notice or order described
9923 in this section.
9924 Section 208. Section 19-1-306 is amended to read:
9925 19-1-306. Records of the department.
9926 (1) Except as provided in this section, records of the department shall be subject to
9927 [
9928 (2) (a) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552,
9929 and not the standards of Subsections [
9930 records of the department for which business confidentiality has been claimed under Section
9931 [
9932 (i) that is delegated, authorized, or for which primacy has been granted to the state;
9933 (ii) for which the state is seeking delegation, authorization, or primacy; or
9934 (iii) under the federal Comprehensive Environmental Response, Compensation, and
9935 Liability Act.
9936 (b) The regulation of the United States Environmental Protection Agency interpreting
9937 the federal Freedom of Information Act, as it appeared at 40 C.F.R. Part 2 on January 1, 1992,
9938 shall also apply to the records described in Subsection (1).
9939 (3) (a) The department may, upon request, make trade secret and confidential business
9940 records available to the United States Environmental Protection Agency insofar as they relate
9941 to a delegated program, to a program for which the state is seeking delegation, or to a program
9942 under the federal Comprehensive Environmental Response, Compensation and Liability Act.
9943 (b) In the event a record is released to the United States Environmental Protection
9944 Agency under Subsection (3)(a), the department shall convey any claim of confidentiality to the
9945 United States Environmental Protection Agency and shall notify the person who submitted the
9946 information of its release.
9947 (4) Trade secret and confidential business records under Subsection (2) shall be
9948 managed as protected records under the Government Records Access and Management Act,
9949 and all provisions of that act shall apply except Subsections [
9950 (5) Records obtained from the United States Environmental Protection Agency and
9951 requested by that agency to be kept confidential shall be managed as protected records under
9952 the Government Records Access and Management Act, and all provisions of that act shall
9953 apply except to the extent they conflict with this [
9954 Section 209. Section 19-1-403 is amended to read:
9955 19-1-403. Clean Fuels and Vehicle Technology Fund -- Contents -- Loans or
9956 grants made with fund monies.
9957 (1) (a) There is created a revolving fund known as the Clean Fuels and Vehicle
9958 Technology Fund.
9959 (b) The fund consists of:
9960 (i) appropriations to the fund;
9961 (ii) other public and private contributions made under Subsection (1)(d);
9962 (iii) interest earnings on cash balances; and
9963 (iv) all monies collected for loan repayments and interest on loans.
9964 (c) All money appropriated to the fund is nonlapsing.
9965 (d) The department may accept contributions from other public and private sources for
9966 deposit into the fund.
9967 (2) (a) Except as provided in Subsection (3), the department may make a loan or a
9968 grant with monies available in the fund for:
9969 (i) the conversion of a private sector business vehicle or a government vehicle to use a
9970 clean fuel, if certified by the Air Quality Board under Subsection 19-1-405 (1)(a);
9971 (ii) the purchase of:
9972 (A) an OEM vehicle for use as a private sector business vehicle or government vehicle;
9973 or
9974 (B) a vehicle, certified by the Air Quality Board under Subsection 19-1-405 (1)(d), for
9975 use as a private sector business vehicle or government vehicle;
9976 (iii) the retrofit, certified by the Air Quality Board under Subsection 19-1-405 (1)(d), of
9977 a private sector business vehicle or government vehicle;
9978 (iv) a fuel system, certified by the Air Quality Board under Subsection 19-1-405 (1)(d),
9979 for a private sector business vehicle or government vehicle; or
9980 (v) a state match of a federal or nonfederal grant for any item under this Subsection
9981 (2)(a).
9982 (b) The amount of a loan for any vehicle under Subsection (2)(a)(i) or (2)(a)(ii)(A) may
9983 not exceed:
9984 (i) the actual cost of the vehicle conversion;
9985 (ii) the incremental cost of purchasing the OEM vehicle; or
9986 (iii) the cost of purchasing the OEM vehicle if there is no documented incremental
9987 cost.
9988 (c) The amount of a grant for any vehicle under Subsection (2)(a)(i) or (2)(a)(ii)(A)
9989 may not exceed:
9990 (i) 50% of the actual cost of the vehicle conversion minus the amount of any tax credit
9991 claimed under Section 59-7-605 or 59-10-1009 for the vehicle for which a grant is requested;
9992 or
9993 (ii) 50% of the incremental cost of purchasing an OEM vehicle minus the amount of
9994 any tax credit claimed under Section 59-7-605 or 59-10-1009 for the vehicle for which a grant
9995 is requested.
9996 (d) (i) Except as provided in Subsection (3) and subject to the availability of monies in
9997 the fund, the department may make a loan for the purchase of vehicle refueling equipment for a
9998 private sector business vehicle or a government vehicle.
9999 (ii) The maximum amount loaned per installation of refueling equipment may not
10000 exceed the actual cost of the refueling equipment.
10001 (iii) Except as provided in Subsection (3) and subject to the availability of monies in
10002 the fund, the department may make a grant for a state match of a federal or nonfederal grant for
10003 the purchase of vehicle refueling equipment for a private sector business vehicle or a
10004 government vehicle.
10005 (3) The department may not make a loan or grant under this part for an electric-hybrid
10006 vehicle.
10007 (4) The department may:
10008 (a) reimburse itself for the costs incurred in administering the fund from:
10009 (i) the fund; or
10010 (ii) application fees; and
10011 (b) establish an application fee for a loan or grant from the fund by following the
10012 procedures and requirements of Section [
10013 (5) (a) The fund balance may not exceed $10,000,000.
10014 (b) Interest on cash balances and repayment of loans in excess of the amount necessary
10015 to maintain the fund balance at $10,000,000 shall be deposited in the General Fund.
10016 (6) (a) Loans made from monies in the fund shall be supported by loan documents
10017 evidencing the intent of the borrower to repay the loan.
10018 (b) The original loan documents shall be filed with the Division of Finance and a copy
10019 shall be filed with the department.
10020 Section 210. Section 19-1-404 is amended to read:
10021 19-1-404. Department duties -- Rulemaking -- Loan repayment.
10022 (1) The department shall:
10023 (a) administer the fund created in Section 19-1-403 to encourage government officials
10024 and private sector business vehicle owners and operators to obtain and use clean fuel vehicles;
10025 and
10026 (b) by following the procedures and requirements of [
10027 Chapter 3, Utah Administrative Rulemaking Act, make rules:
10028 (i) specifying the amount of money in the fund to be dedicated annually for grants;
10029 (ii) limiting the amount of a grant given to any person claiming a tax credit under
10030 Section 59-7-605 or 59-10-1009 for the motor vehicle for which a grant is requested to assure
10031 that the sum of the tax credit and grant does not exceed:
10032 (A) 50% of the incremental cost of the OEM vehicle; or
10033 (B) 50% of the cost of conversion equipment;
10034 (iii) limiting the number of motor vehicles per fleet operator that may be eligible for a
10035 grant in a year;
10036 (iv) specifying criteria the department shall consider in prioritizing and awarding loans
10037 and grants;
10038 (v) specifying repayment periods;
10039 (vi) specifying procedures for:
10040 (A) awarding loans and grants; and
10041 (B) collecting loans;
10042 (vii) requiring all loan and grant applicants to:
10043 (A) apply on forms provided by the department;
10044 (B) agree in writing to use the clean fuel for which each vehicle is converted or
10045 purchased using loan or grant proceeds for a minimum of 70% of the vehicle miles traveled
10046 beginning from the time of conversion or purchase of the vehicle;
10047 (C) agree in writing to notify the department if a vehicle converted or purchased using
10048 loan or grant proceeds becomes inoperable through mechanical failure or accident and to
10049 pursue a remedy outlined in department rules;
10050 (D) provide reasonable data to the department on a vehicle converted or purchased
10051 with loan or grant proceeds; and
10052 (E) submit a vehicle converted or purchased with loan or grant proceeds to inspections
10053 by the department as required in department rules and as necessary for administration of the
10054 loan and grant program; and
10055 (viii) specifying the criteria for awarding a state match under Subsection 19-1-403 (2).
10056 (2) (a) When developing repayment schedules for the loans, the department shall
10057 consider the projected savings from use of the clean fuel vehicle.
10058 (b) A repayment schedule may not exceed ten years.
10059 (c) The department shall make a loan from the fund for a private sector vehicle at an
10060 interest rate equal to the annual return earned in the state treasurer's Public Treasurer's Pool as
10061 determined the month immediately preceding the closing date of the loan.
10062 (d) The department shall make a loan from the fund for a government vehicle with no
10063 interest rate.
10064 (3) The Division of Finance shall:
10065 (a) collect and account for the loans; and
10066 (b) have custody of all loan documents, including all notes and contracts, evidencing
10067 the indebtedness of the fund.
10068 Section 211. Section 19-1-405 is amended to read:
10069 19-1-405. Air Quality Board duties -- Rulemaking.
10070 (1) By following the procedures and requirements of [
10071 Chapter 3, Utah Administrative Rulemaking Act, the Air Quality Board may make rules to:
10072 (a) certify a motor vehicle on which conversion equipment has been installed if:
10073 (i) before the installation of conversion equipment, the motor vehicle does not exceed
10074 the emission cut points for:
10075 (A) a transient test driving cycle, as specified in 40 CFR 51, Appendix E to Subpart S;
10076 or
10077 (B) an equivalent test for the make, model, and year of the motor vehicle; and
10078 (ii) the motor vehicle's emissions of regulated pollutants, when operating with clean
10079 fuel, is less than the emissions were before the installation of conversion equipment;
10080 (b) recognize a test or standard that demonstrates a reduction in emissions;
10081 (c) recognize a certification standard from another state;
10082 (d) certify a fuel, vehicle, retrofit, or fuel system if it is at least as effective in reducing
10083 air pollution as fuels under Subsection 19-1-402 (1)(a) or vehicles under Subsection
10084 19-1-402 (2); or
10085 (e) establish criteria for determining the effectiveness of a fuel, vehicle, retrofit, or fuel
10086 system in reducing air pollution.
10087 (2) A reduction in emissions under Subsection (1)(a)(ii) is demonstrated by:
10088 (a) certification of the conversion equipment by the federal Environmental Protection
10089 Agency or by a state whose certification standards are recognized by the Air Quality Board;
10090 (b) testing the motor vehicle, before and after the installation of the conversion
10091 equipment, in accordance with 40 CFR 86, Control of Air Pollution from New and In-use
10092 Motor Vehicle Engines: Certification and Test Procedures, using all fuel the motor vehicle is
10093 capable of using; or
10094 (c) any other test or standard recognized by the Air Quality Board in rule.
10095 Section 212. Section 19-2-104 is amended to read:
10096 19-2-104. Powers of board.
10097 (1) The board may make rules in accordance with [
10098 Chapter 3, Utah Administrative Rulemaking Act:
10099 (a) regarding the control, abatement, and prevention of air pollution from all sources
10100 and the establishment of the maximum quantity of air contaminants that may be emitted by any
10101 air contaminant source;
10102 (b) establishing air quality standards;
10103 (c) requiring persons engaged in operations which result in air pollution to:
10104 (i) install, maintain, and use emission monitoring devices, as the board finds necessary;
10105 (ii) file periodic reports containing information relating to the rate, period of emission,
10106 and composition of the air contaminant; and
10107 (iii) provide access to records relating to emissions which cause or contribute to air
10108 pollution;
10109 (d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter
10110 II - Asbestos Hazard Emergency Response, and reviewing and approving asbestos management
10111 plans submitted by local education agencies under that act;
10112 (e) establishing a requirement for a diesel emission opacity inspection and maintenance
10113 program for diesel-powered motor vehicles;
10114 (f) implementing an operating permit program as required by and in conformity with
10115 Titles IV and V of the federal Clean Air Act Amendments of 1990;
10116 (g) establishing requirements for county emissions inspection and maintenance
10117 programs after obtaining agreement from the counties that would be affected by the
10118 requirements;
10119 (h) with the approval of the governor, implementing in air quality nonattainment areas
10120 employer-based trip reduction programs applicable to businesses having more than 100
10121 employees at a single location and applicable to federal, state, and local governments to the
10122 extent necessary to attain and maintain ambient air quality standards consistent with the state
10123 implementation plan and federal requirements under the standards set forth in Subsection (2);
10124 and
10125 (i) implementing lead-based paint remediation training, certification, and performance
10126 requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
10127 Subchapter IV -- Lead Exposure Reduction, Sections 402 and 406.
10128 (2) When implementing Subsection (1)(h) the board shall take into consideration:
10129 (a) the impact of the business on overall air quality; and
10130 (b) the need of the business to use automobiles in order to carry out its business
10131 purposes.
10132 (3) The board may:
10133 (a) hold hearings relating to any aspect of or matter in the administration of this chapter
10134 and compel the attendance of witnesses and the production of documents and other evidence,
10135 administer oaths and take testimony, and receive evidence as necessary;
10136 (b) issue orders necessary to enforce the provisions of this chapter, enforce the orders
10137 by appropriate administrative and judicial proceedings, and institute judicial proceedings to
10138 secure compliance with this chapter;
10139 (c) settle or compromise any civil action initiated to compel compliance with this
10140 chapter and the rules made under this chapter;
10141 (d) secure necessary scientific, technical, administrative, and operational services,
10142 including laboratory facilities, by contract or otherwise;
10143 (e) prepare and develop a comprehensive plan or plans for the prevention, abatement,
10144 and control of air pollution in this state;
10145 (f) encourage voluntary cooperation by persons and affected groups to achieve the
10146 purposes of this chapter;
10147 (g) encourage local units of government to handle air pollution within their respective
10148 jurisdictions on a cooperative basis and provide technical and consultative assistance to them;
10149 (h) encourage and conduct studies, investigations, and research relating to air
10150 contamination and air pollution and their causes, effects, prevention, abatement, and control;
10151 (i) determine by means of field studies and sampling the degree of air contamination
10152 and air pollution in all parts of the state;
10153 (j) monitor the effects of the emission of air contaminants from motor vehicles on the
10154 quality of the outdoor atmosphere in all parts of this state and take appropriate action with
10155 respect to them;
10156 (k) collect and disseminate information and conduct educational and training programs
10157 relating to air contamination and air pollution;
10158 (l) advise, consult, contract, and cooperate with other agencies of the state, local
10159 governments, industries, other states, interstate or interlocal agencies, the federal government,
10160 and with interested persons or groups;
10161 (m) consult, upon request, with any person proposing to construct, install, or otherwise
10162 acquire an air contaminant source in the state concerning the efficacy of any proposed control
10163 device, or system for this source, or the air pollution problem which may be related to the
10164 source, device, or system, but a consultation does not relieve any person from compliance with
10165 this chapter, the rules adopted under it, or any other provision of law;
10166 (n) accept, receive, and administer grants or other funds or gifts from public and
10167 private agencies, including the federal government, for the purpose of carrying out any of the
10168 functions of this chapter;
10169 (o) require the owner and operator of each new source which directly emits or has the
10170 potential to emit 100 tons per year or more of any air contaminant or the owner or operator of
10171 each existing source which by modification will increase emissions or have the potential of
10172 increasing emissions by 100 tons per year or more of any air contaminant, to pay a fee
10173 sufficient to cover the reasonable costs of:
10174 (i) reviewing and acting upon the notice required under Section 19-2-108 ; and
10175 (ii) implementing and enforcing requirements placed on the sources by any approval
10176 order issued pursuant to notice, not including any court costs associated with any enforcement
10177 action;
10178 (p) assess and collect noncompliance penalties as required in Section 120 of the federal
10179 Clean Air Act, 42 U.S.C. Sec. 7420;
10180 (q) meet the requirements of federal air pollution laws;
10181 (r) establish work practice, certification, and clearance air sampling requirements for
10182 persons who:
10183 (i) contract for hire to conduct demolition, renovation, salvage, encapsulation work
10184 involving friable asbestos-containing materials, or asbestos inspections;
10185 (ii) conduct work described in Subsection (3)(r)(i) in areas to which the general public
10186 has unrestrained access or in school buildings that are subject to the federal Asbestos Hazard
10187 Emergency Response Act of 1986;
10188 (iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq.,
10189 Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
10190 (iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq.,
10191 Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
10192 (s) establish certification requirements for persons required under 15 U.S.C.A. 2601 et
10193 seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to
10194 be accredited as inspectors, management planners, abatement project designers, asbestos
10195 abatement contractors and supervisors, or asbestos abatement workers;
10196 (t) establish certification requirements for asbestos project monitors, which shall
10197 provide for experience-based certification of persons who, prior to establishment of the
10198 certification requirements, had received relevant asbestos training, as defined by rule, and had
10199 acquired at least 1,000 hours of experience as project monitors;
10200 (u) establish certification procedures and requirements for certification of the
10201 conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the
10202 tax credit granted in Section 59-7-605 or 59-10-1009 ;
10203 (v) establish a program to certify private sector air quality permitting professionals
10204 (AQPP), as described in Section 19-2-109.5 ; and
10205 (w) establish certification requirements for persons required under 15 U.S.C.A. 2601 et
10206 seq., Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited as
10207 inspectors, risk assessors, supervisors, project designers, or abatement workers.
10208 (4) Any rules adopted under this chapter shall be consistent with provisions of federal
10209 laws, if any, relating to control of motor vehicles or motor vehicle emissions.
10210 (5) Nothing in this chapter authorizes the board to require installation of or payment for
10211 any monitoring equipment by the owner or operator of a source if the owner or operator has
10212 installed or is operating monitoring equipment that is equivalent to equipment which the board
10213 would require under this section.
10214 Section 213. Section 19-2-105.3 is amended to read:
10215 19-2-105.3. Clean fuel requirements for fleets.
10216 (1) As used in this section:
10217 (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
10218 (b) "Clean fuel" means:
10219 (i) propane, compressed natural gas, or electricity;
10220 (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation
10221 Act, determines annually on or before July 1 is at least as effective as fuels under Subsection
10222 (1)(b)(i) in reducing air pollution; and
10223 (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act.
10224 (c) "Fleet" means ten or more vehicles:
10225 (i) owned or operated by a single entity as defined by board rule; and
10226 (ii) capable of being fueled or that are fueled at a central location.
10227 (d) "Fleet" does not include motor vehicles that are:
10228 (i) held for lease or rental to the general public;
10229 (ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
10230 (iii) used by motor vehicle manufacturers for product evaluations or tests;
10231 (iv) authorized emergency vehicles as defined in Section 41-6a-102 ;
10232 (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
10233 (vi) special mobile equipment as defined in Section 41-1a-102 ;
10234 (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
10235 (viii) regularly used by employees to drive to and from work, parked at the employees'
10236 personal residences when they are not at their employment, and not practicably fueled at a
10237 central location;
10238 (ix) owned, operated, or leased by public transit districts; or
10239 (x) exempted by board rule.
10240 (2) (a) After evaluation of reasonably available pollution control strategies, and as part
10241 of the state implementation plan demonstrating attainment of the national ambient air quality
10242 standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified
10243 geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
10244 (i) necessary to demonstrate attainment of the national ambient air quality standards in
10245 any area where they are required; and
10246 (ii) reasonably cost effective when compared to other similarly beneficial control
10247 strategies for demonstrating attainment of the national ambient air quality standards.
10248 (b) State implementation plans developed prior to July 1, 1995, may require fleets to
10249 use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels
10250 is necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
10251 standards in any area by an attainment date established by federal law.
10252 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
10253 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
10254 26,000 pounds to convert to clean fuels under Subsection (2)(b).
10255 (3) (a) After evaluation of reasonably available pollution control strategies, and as part
10256 of a state implementation plan demonstrating only maintenance of the national ambient air
10257 quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified
10258 geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
10259 (i) necessary to demonstrate maintenance of the national ambient air quality standards
10260 in any area where they are required; and
10261 (ii) reasonably cost effective as compared with other similarly beneficial control
10262 strategies for demonstrating maintenance of the national ambient air quality standards.
10263 (b) Under Subsection (3)(a) the board may require no more than:
10264 (i) 30% of a fleet to use clean fuels before January 1, 1998;
10265 (ii) 50% of a fleet to use clean fuels before January 1, 1999; and
10266 (iii) 70% of a fleet to use clean fuels before January 1, 2000.
10267 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
10268 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
10269 26,000 pounds to convert to clean fuels under Subsection (3)(b).
10270 (4) Rules the board makes under this section may include:
10271 (a) dates by which fleets are required to convert to clean fuels under the provisions of
10272 this section;
10273 (b) definitions of fleet owners or operators;
10274 (c) definitions of vehicles exempted from this section by rule;
10275 (d) certification requirements for persons who install clean fuel conversion equipment,
10276 including testing and certification standards regarding installers; and
10277 (e) certification fees for installers, established under Section [
10278 (5) Implementation of this section and rules made under this section are subject to the
10279 reasonable availability of clean fuel in the local market as determined by the board.
10280 Section 214. Section 19-2-109.1 is amended to read:
10281 19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
10282 (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3 :
10283 (a) "EPA" means the federal Environmental Protection Agency.
10284 (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
10285 (c) "Operating permit" means a permit issued by the executive secretary to sources of
10286 air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
10287 (d) "Program" means the air pollution operating permit program established under this
10288 section to comply with Title V of the 1990 Clean Air Act.
10289 (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean
10290 Air Act and implementing federal regulations.
10291 (2) (a) A person may not operate any source of air pollution required to have a permit
10292 under Title V of the 1990 Clean Air Act without having obtained an operating permit from the
10293 executive secretary under procedures the board establishes by rule.
10294 (b) A person is not required to submit an operating permit application until the
10295 governor has submitted an operating permit program to the EPA.
10296 (c) Any operating permit issued under this section may not become effective until the
10297 day after the EPA issues approval of the permit program or November 15, 1995, whichever
10298 occurs first.
10299 (3) (a) Operating permits issued under this section shall be for a period of five years
10300 unless the board makes a written finding, after public comment and hearing, and based on
10301 substantial evidence in the record, that an operating permit term of less than five years is
10302 necessary to protect the public health and the environment of the state.
10303 (b) The executive secretary may issue, modify, or renew an operating permit only after
10304 providing public notice, an opportunity for public comment, and an opportunity for a public
10305 hearing.
10306 (c) The executive secretary shall, in conformity with the 1990 Clean Air Act and
10307 implementing federal regulations, revise the conditions of issued operating permits to
10308 incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990
10309 Clean Air Act, if the remaining period of the permit is three or more years.
10310 (d) The executive secretary may terminate, modify, revoke, or reissue an operating
10311 permit for cause.
10312 (4) (a) The board shall establish a proposed annual emissions fee that conforms with
10313 Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
10314 required to obtain a permit. The emissions fee established under this section is in addition to
10315 fees assessed under Section 19-2-108 for issuance of an approval order.
10316 (b) In establishing the fee the board shall comply with the provisions of Section
10317 [
10318 submitted to the Legislature for its approval as part of the department's annual appropriations
10319 request.
10320 (c) The fee shall cover all reasonable direct and indirect costs required to develop and
10321 administer the program and the small business assistance program established under Section
10322 19-2-109.2 . The board shall prepare an annual report of the emissions fees collected and the
10323 costs covered by those fees under this Subsection (4).
10324 (d) The fee shall be established uniformly for all sources required to obtain an
10325 operating permit under the program and for all regulated pollutants.
10326 (e) The fee may not be assessed for emissions of any regulated pollutant if the
10327 emissions are already accounted for within the emissions of another regulated pollutant.
10328 (f) An emissions fee may not be assessed for any amount of a regulated pollutant
10329 emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
10330 (5) Emissions fees for the period:
10331 (a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissions
10332 inventory prepared by the executive secretary; and
10333 (b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be
10334 based on the most recent emissions inventory, unless a source elects prior to July 1, 1992, to
10335 base the fee on allowable emissions, if applicable for a regulated pollutant.
10336 (6) After an operating permit is issued the emissions fee shall be based on actual
10337 emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a
10338 permit, to base the fee during the period of the permit on allowable emissions for that regulated
10339 pollutant.
10340 (7) If the owner or operator of a source subject to this section fails to timely pay an
10341 annual emissions fee, the executive secretary may:
10342 (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
10343 interest on the fee computed at 12% annually; or
10344 (b) revoke the operating permit.
10345 (8) The owner or operator of a source subject to this section may contest an emissions
10346 fee assessment or associated penalty in an adjudicative hearing under the [
10347
10348 (a) The owner or operator must pay the fee under protest prior to being entitled to a
10349 hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to
10350 contest the fee or penalty under this [
10351 (b) A request for a hearing under this subsection shall be made after payment of the
10352 emissions fee and within six months after the emissions fee was due.
10353 (9) To reinstate an operating permit revoked under Subsection (7) the owner or
10354 operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all
10355 outstanding fees, and interest on the outstanding emissions fees computed at 12% annually.
10356 (10) All emissions fees and penalties collected by the department under this section
10357 shall be deposited in the General Fund as the Air Pollution Operating Permit Program
10358 dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
10359 the department in developing and administering the program and the small business assistance
10360 program under Section 19-2-109.2 .
10361 (11) Failure of the executive secretary to act on any operating permit application or
10362 renewal is a final administrative action only for the purpose of obtaining judicial review by any
10363 of the following persons to require the executive secretary to take action on the permit or its
10364 renewal without additional delay:
10365 (a) the applicant;
10366 (b) any person who participated in the public comment process; or
10367 (c) any other person who could obtain judicial review of that action under applicable
10368 law.
10369 Section 215. Section 19-2-109.3 is amended to read:
10370 19-2-109.3. Public access to information.
10371 A copy of each permit application, compliance plan, emissions or compliance
10372 monitoring report, certification, and each operating permit issued under this chapter shall be
10373 made available to the public in accordance with [
10374 Government Records Access and Management Act.
10375 Section 216. Section 19-2-109.5 is amended to read:
10376 19-2-109.5. Private sector air quality permitting professionals certification
10377 program.
10378 (1) As used in this section, "AQPP" means an air quality permitting professional.
10379 (2) The board may establish a program to certify private sector AQPPs, including
10380 consultants and employees of companies that may seek air quality permits from the division.
10381 Any program established under this section shall include:
10382 (a) a training program established and operated by the department, which describes and
10383 explains the state law and rules regarding the air quality permit application and approval
10384 procedure under this chapter;
10385 (b) the requirement to pass an exam to measure qualifications of AQPP applicants;
10386 (c) an option for certification of an AQPP by passing the exam without undergoing any
10387 training required under the program;
10388 (d) an application process, including a fee established under Section [
10389 63J-1-303 that covers the costs of the training, testing, and application process and the
10390 department's maintenance of a list of certified AQPPs;
10391 (e) certification of qualified AQPP applicants;
10392 (f) maintenance by the department of a current list of certified AQPPs, which is
10393 available to the public; [
10394 (g) procedures for the expedited review by the department of air quality permit
10395 applications submitted by certified AQPPs; and
10396 (h) professional standards for AQPPs.
10397 (3) The board may not require AQPP certification as a condition of preparing or
10398 submitting a notice of intent or operating permit application under this chapter.
10399 (4) Any program under this section shall provide for revocation of any certification
10400 issued under this section if the department determines, through an administrative hearing
10401 conducted under [
10402 that the AQPP:
10403 (a) knowingly or negligently submitted false information or data as part of an air
10404 quality permit application;
10405 (b) prepared more than three air quality permit applications in one calendar year in a
10406 manner that each did not substantially comply with department application requirements; or
10407 (c) prepared any air quality permit application in violation of the professional standards
10408 defined by department rule.
10409 Section 217. Section 19-2-112 is amended to read:
10410 19-2-112. Generalized condition of air pollution creating emergency -- Sources
10411 causing imminent danger to health -- Powers of executive director -- Declaration of
10412 emergency.
10413 (1) (a) [
10414 and any other provision of law to the contrary notwithstanding, if the executive director finds
10415 that a generalized condition of air pollution exists and that it creates an emergency requiring
10416 immediate action to protect human health or safety, the executive director, with the
10417 concurrence of the governor, shall order persons causing or contributing to the air pollution to
10418 reduce or discontinue immediately the emission of air contaminants.
10419 (b) The order shall fix a place and time, not later than 24 hours after its issuance, for a
10420 hearing to be held before the governor.
10421 (c) Not more than 24 hours after the commencement of this hearing, and without
10422 adjournment of it, the governor shall affirm, modify, or set aside the order of the executive
10423 director.
10424 (2) In the absence of a generalized condition of air pollution referred to in Subsection
10425 (1), but if the executive director finds that emissions from the operation of one or more air
10426 contaminant sources is causing imminent danger to human health or safety, [
10427 director may commence adjudicative proceedings under Section [
10428 (3) Nothing in this section limits any power that the governor or any other officer has
10429 to declare an emergency and act on the basis of that declaration.
10430 Section 218. Section 19-2-115 is amended to read:
10431 19-2-115. Violations -- Penalties -- Reimbursement for expenses.
10432 (1) As used in this section, the terms "knowingly," "willfully," and "criminal
10433 negligence" shall mean as defined in Section 76-2-103 .
10434 (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made
10435 under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for
10436 each violation.
10437 (b) Subsection (2)(a) also applies to rules made under the authority of Section
10438 19-2-104 , for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
10439 Subchapter II - Asbestos Hazard Emergency Response.
10440 (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances
10441 Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the
10442 amounts specified in that section and shall be used in accordance with that section.
10443 (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under
10444 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person
10445 knowingly violates any of the following under this chapter:
10446 (a) an applicable standard or limitation;
10447 (b) a permit condition; or
10448 (c) a fee or filing requirement.
10449 (4) A person is guilty of a third degree felony and is subject to imprisonment under
10450 Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly:
10451 (a) makes any false material statement, representation, or certification, in any notice or
10452 report required by permit; or
10453 (b) renders inaccurate any monitoring device or method required to be maintained by
10454 this chapter or applicable rules made under this chapter.
10455 (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty
10456 under Section 19-2-109.1 .
10457 (6) A person who willfully violates Section 19-2-120 is guilty of a class A
10458 misdemeanor.
10459 (7) A person who knowingly violates any requirement of an applicable implementation
10460 plan adopted by the board, more than 30 days after having been notified in writing by the
10461 executive secretary that the person is violating the requirement, knowingly violates an order
10462 issued under Subsection 19-2-110 (1)(a), or knowingly handles or disposes of asbestos in
10463 violation of a rule made under this chapter is guilty of a third degree felony and subject to
10464 imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation
10465 in the case of the first offense, and not more than $50,000 per day of violation in the case of
10466 subsequent offenses.
10467 (8) (a) As used in this section:
10468 (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 USC
10469 7412 or any extremely hazardous substance listed under 42 USC 11002(a)(2).
10470 (ii) "Organization" means a legal entity, other than a government, established or
10471 organized for any purpose, and includes a corporation, company, association, firm, partnership,
10472 joint stock company, foundation, institution, trust, society, union, or any other association of
10473 persons.
10474 (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of
10475 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
10476 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
10477 (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under
10478 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with
10479 criminal negligence:
10480 (A) releases into the ambient air any hazardous air pollutant; and
10481 (B) places another person in imminent danger of death or serious bodily injury.
10482 (ii) As used in this Subsection (8)(b), "person" does not include an employee who is
10483 carrying out the employee's normal activities and who is not a part of senior management
10484 personnel or a corporate officer.
10485 (c) A person is guilty of a second degree felony and is subject to imprisonment under
10486 Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person:
10487 (i) knowingly releases into the ambient air any hazardous air pollutant; and
10488 (ii) knows at the time that [
10489 of death or serious bodily injury.
10490 (d) If a person is an organization, it shall, upon conviction of violating Subsection
10491 (8)(c), be subject to a fine of not more than $1,000,000.
10492 (e) (i) A defendant who is an individual is considered to have acted knowingly under
10493 Subsections (8)(c) and (d), if:
10494 (A) the defendant's conduct placed another person in imminent danger of death or
10495 serious bodily injury; and
10496 (B) the defendant was aware of or believed that there was an imminent danger of death
10497 or serious bodily injury to another person.
10498 (ii) Knowledge possessed by a person other than the defendant may not be attributed to
10499 the defendant.
10500 (iii) Circumstantial evidence may be used to prove that the defendant possessed actual
10501 knowledge, including evidence that the defendant took affirmative steps to be shielded from
10502 receiving relevant information.
10503 (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the
10504 conduct charged was freely consented to by the person endangered and that the danger and
10505 conduct charged were reasonably foreseeable hazards of:
10506 (A) an occupation, a business, a profession; or
10507 (B) medical treatment or medical or scientific experimentation conducted by
10508 professionally approved methods and the other person was aware of the risks involved prior to
10509 giving consent.
10510 (ii) The defendant has the burden of proof to establish any affirmative defense under
10511 this Subsection (8)(f) and must prove that defense by a preponderance of the evidence.
10512 (9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law,
10513 all penalties assessed and collected under the authority of this section shall be deposited in the
10514 General Fund.
10515 (b) The department may reimburse itself and local governments from monies collected
10516 from civil penalties for extraordinary expenses incurred in environmental enforcement
10517 activities.
10518 (c) The department shall regulate reimbursements by making rules in accordance with
10519 [
10520 (i) define qualifying environmental enforcement activities; and
10521 (ii) define qualifying extraordinary expenses.
10522 Section 219. Section 19-3-104 is amended to read:
10523 19-3-104. Registration and licensing of radiation sources by department --
10524 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
10525 (1) As used in this section:
10526 (a) "Decommissioning" includes financial assurance.
10527 (b) "Source material" and "byproduct material" have the same definitions as in 42
10528 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
10529 (2) The board may require the registration or licensing of radiation sources that
10530 constitute a significant health hazard.
10531 (3) All sources of ionizing radiation, including ionizing radiation producing machines,
10532 shall be registered or licensed by the department.
10533 (4) The board may make rules:
10534 (a) necessary for controlling exposure to sources of radiation that constitute a
10535 significant health hazard;
10536 (b) to meet the requirements of federal law relating to radiation control to ensure the
10537 radiation control program under this part is qualified to maintain primacy from the federal
10538 government;
10539 (c) to establish:
10540 (i) board accreditation requirements and procedures for mammography facilities; and
10541 (ii) certification procedure and qualifications for persons who survey mammography
10542 equipment and oversee quality assurance practices at mammography facilities; and
10543 (d) as necessary regarding the possession, use, transfer, or delivery of source and
10544 byproduct material and the disposal of byproduct material to establish requirements for:
10545 (i) the licensing, operation, decontamination, and decommissioning, including financial
10546 assurances; and
10547 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
10548 activities described in this Subsection (4).
10549 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
10550 byproduct material and the disposal of byproduct material at uranium mills or commercial
10551 waste facilities, as provided in this Subsection (5).
10552 (b) On and after January 1, 2003 through March 30, 2003:
10553 (i) $6,667 per month for uranium mills or commercial sites disposing of or
10554 reprocessing byproduct material; and
10555 (ii) $4,167 per month for those uranium mills the executive secretary has determined
10556 are on standby status.
10557 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
10558 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
10559 amendment for agreement state status for uranium recovery regulation on or before March 30,
10560 2003.
10561 (d) If the Nuclear Regulatory Commission does not grant the amendment for state
10562 agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
10563 are not required to be paid until on and after the later date of:
10564 (i) October 1, 2003; or
10565 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
10566 agreement state status for uranium recovery regulation.
10567 (e) For the payment periods beginning on and after July 1, 2003, the department shall
10568 establish the fees required under Subsection (5)(a) under Section [
10569 subject to the restrictions under Subsection (5)(d).
10570 (f) The department shall deposit fees it receives under this Subsection (5) into the
10571 Environmental Quality Restricted Account created in Section 19-1-108 .
10572 (6) (a) The department shall assess fees for registration, licensing, and inspection of
10573 radiation sources under this section.
10574 (b) The department shall comply with the requirements of Section [
10575 63J-1-303 in assessing fees for licensure and registration.
10576 (7) The department shall coordinate its activities with the Department of Health rules
10577 made under Section 26-21a-203 .
10578 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
10579 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
10580 Commission with respect to regulation of sources of ionizing radiation, that are more stringent
10581 than the corresponding federal regulations which address the same circumstances.
10582 (b) In adopting those rules, the board may incorporate corresponding federal
10583 regulations by reference.
10584 (9) (a) The board may adopt rules more stringent than corresponding federal
10585 regulations for the purpose described in Subsection (8) only if it makes a written finding after
10586 public comment and hearing and based on evidence in the record that corresponding federal
10587 regulations are not adequate to protect public health and the environment of the state.
10588 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
10589 public health and environmental information and studies contained in the record which form
10590 the basis for the board's conclusion.
10591 (10) (a) The board shall by rule:
10592 (i) authorize independent qualified experts to conduct inspections required under this
10593 chapter of x-ray facilities registered with the division; and
10594 (ii) establish qualifications and certification procedures necessary for independent
10595 experts to conduct these inspections.
10596 (b) Independent experts under this Subsection (10) are not considered employees or
10597 representatives of the division or the state when conducting the inspections.
10598 (11) (a) The board may by rule establish criteria for siting commercial low-level
10599 radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
10600 19-3-103.7 .
10601 (b) Subject to Subsection 19-3-105 (10), any facility under Subsection (11)(a) for which
10602 a radioactive material license is required by this section shall comply with those criteria.
10603 (c) Subject to Subsection 19-3-105 (10), a facility may not receive a radioactive material
10604 license until siting criteria have been established by the board. The criteria also apply to
10605 facilities that have applied for but not received a radioactive material license.
10606 (12) The board shall by rule establish financial assurance requirements for closure and
10607 postclosure care of radioactive waste land disposal facilities, taking into account existing
10608 financial assurance requirements.
10609 Section 220. Section 19-3-106.4 is amended to read:
10610 19-3-106.4. Generator site access permits.
10611 (1) A generator or broker may not transfer radioactive waste to a commercial
10612 radioactive waste treatment or disposal facility in the state without first obtaining a generator
10613 site access permit from the executive secretary.
10614 (2) The board may make rules pursuant to Section 19-3-104 governing a generator site
10615 access permit program.
10616 (3) (a) Except as provided in Subsection (3)(b), the department shall establish fees for
10617 generator site access permits in accordance with Section [
10618 (b) On and after July 1, 2001 through June 30, 2002, the fees are:
10619 (i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per
10620 year;
10621 (ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per
10622 year; and
10623 (iii) $5,000 for brokers.
10624 (c) The department shall deposit fees received under this section into the
10625 Environmental Quality Restricted Account created in Section 19-1-108 .
10626 (4) This section does not apply to a generator or broker transferring radioactive waste
10627 to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
10628 Section 221. Section 19-3-109 is amended to read:
10629 19-3-109. Civil penalties -- Appeals.
10630 (1) A person who violates any provision of Sections 19-3-104 through 19-3-113 , any
10631 rule or order issued under the authority of those sections, or the terms of a license, permit, or
10632 registration certificate issued under the authority of those sections is subject to a civil penalty
10633 not to exceed $5,000 for each violation.
10634 (2) The board may assess and make a demand for payment of a penalty under this
10635 section and may compromise or remit that penalty.
10636 (3) In order to make demand for payment of a penalty assessed under this section, the
10637 board shall issue a notice of agency action, specifying, in addition to the requirements for
10638 notices of agency action contained in [
10639 Administrative Procedures Act:
10640 (a) the date, facts, and nature of each act or omission charged;
10641 (b) the provision of the statute, rule, order, license, permit, or registration certificate
10642 that is alleged to have been violated;
10643 (c) each penalty that the bureau proposes to impose, together with the amount and date
10644 of effect of that penalty; and
10645 (d) that failure to pay the penalty or respond may result in a civil action for collection.
10646 (4) A person notified according to Subsection (3) may request an adjudicative
10647 proceeding.
10648 (5) Upon request by the board, the attorney general may institute a civil action to
10649 collect a penalty imposed under this section.
10650 (6) (a) Except as provided in Subsection (b), the department shall deposit all monies
10651 collected from civil penalties imposed under this section into the General Fund.
10652 (b) The department may reimburse itself and local governments from monies collected
10653 from civil penalties for extraordinary expenses incurred in environmental enforcement
10654 activities.
10655 (c) The department shall regulate reimbursements by making rules that:
10656 (i) define qualifying environmental enforcement activities; and
10657 (ii) define qualifying extraordinary expenses.
10658 Section 222. Section 19-3-111 is amended to read:
10659 19-3-111. Impounding of radioactive material.
10660 (1) The board may impound the radioactive material of any person if:
10661 (a) the material poses an imminent threat or danger to the public health or safety; or
10662 (b) that person is violating:
10663 (i) any provision of Sections 19-3-104 through 19-3-113 ;
10664 (ii) any rules or orders enacted or issued under the authority of those sections; or
10665 (iii) the terms of a license, permit, or registration certificate issued under the authority
10666 of those sections.
10667 (2) Before any dispositive action may be taken with regard to impounded radioactive
10668 materials, the board shall comply with the procedures and requirements of [
10669
10670 Section 223. Section 19-3-303 is amended to read:
10671 19-3-303. Definitions.
10672 As used in this part:
10673 (1) "Final judgment" means a final ruling or judgment, including any supporting
10674 opinion, that determines the rights of the parties and concerning which all appellate remedies
10675 have been exhausted or the time for appeal has expired.
10676 (2) "Goods" means any materials or supplies, whether raw, processed, or
10677 manufactured.
10678 (3) "Greater than class C radioactive waste" means low-level radioactive waste that has
10679 higher concentrations of specific radionuclides than allowed for class C waste.
10680 (4) "Gross value of the contract" means the totality of the consideration received for
10681 any goods, services, or municipal-type services delivered or rendered in the state without any
10682 deduction for expense paid or accrued with respect to it.
10683 (5) "High-level nuclear waste" has the same meaning as in Section 19-3-102 .
10684 (6) "Municipal-type services" includes, but is not limited to:
10685 (a) fire protection service;
10686 (b) waste and garbage collection and disposal;
10687 (c) planning and zoning;
10688 (d) street lighting;
10689 (e) life support and paramedic services;
10690 (f) water;
10691 (g) sewer;
10692 (h) electricity;
10693 (i) natural gas or other fuel; or
10694 (j) law enforcement.
10695 (7) "Organization" means a corporation, limited liability company, partnership, limited
10696 liability partnership, joint venture, consortium, association, trust, or other entity formed to
10697 undertake an enterprise, whether or not for profit.
10698 (8) "Placement" means transportation, transfer, storage, decay in storage, treatment, or
10699 disposal.
10700 (9) "Political subdivision" means any county, city, town, school district, public transit
10701 district, redevelopment agency, special improvement or taxing district, or other governmental
10702 subdivision or public corporation.
10703 (10) "Rule" means a rule made by the department under [
10704 63G, Chapter 3, Utah Administrative Rulemaking Act.
10705 (11) "Service" or "services" means any work or governmental program which provides
10706 a benefit.
10707 (12) "Storage facility" means any facility which stores, holds, or otherwise provides for
10708 the emplacement of waste regardless of the intent to recover that waste for subsequent use,
10709 processing, or disposal.
10710 (13) "Transfer facility" means any facility which transfers waste from and between
10711 transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal
10712 transfer points.
10713 (14) "Waste" or "wastes" means high-level nuclear waste and greater than class C
10714 radioactive waste.
10715 Section 224. Section 19-3-308 is amended to read:
10716 19-3-308. Application fee and annual fees.
10717 (1) (a) Any application for a waste transfer, storage, decay in storage, treatment, or
10718 disposal facility shall be accompanied by an initial fee of $5,000,000.
10719 (b) The applicant shall subsequently pay an additional fee to cover the costs to the state
10720 associated with review of the application, including costs to the state and the state's contractors
10721 for permitting, technical, administrative, legal, safety, and emergency response reviews,
10722 planning, training, infrastructure, and other impact analyses, studies, and services required to
10723 evaluate a proposed facility.
10724 (2) For the purpose of funding the state oversight and inspection of any waste transfer,
10725 storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure,
10726 including, but not limited to providing for state Department of Environmental Quality, state
10727 Department of Transportation, state Department of Public Safety, and other state agencies'
10728 technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic,
10729 law enforcement, and emergency resources necessary to respond to these facilities, the owner
10730 or operator shall pay to the state a fee as established by department rule under Section
10731 [
10732 (a) per ton of storage cask and high level nuclear waste per year for storage, decay in
10733 storage, treatment, or disposal of high level nuclear waste;
10734 (b) per ton of transportation cask and high level nuclear waste for each transfer of high
10735 level nuclear waste;
10736 (c) per ton of storage cask and greater than class C radioactive waste for the storage,
10737 decay in storage, treatment, or disposal of greater than class C radioactive waste; and
10738 (d) per ton of transportation cask and greater than class C radioactive waste for each
10739 transfer of greater than class C radioactive waste.
10740 (3) Funds collected under Subsection (2) shall be placed in the Nuclear Accident and
10741 Hazard Compensation Account, created in Subsection 19-3-309 (3).
10742 (4) The owner or operator of the facility shall pay the fees imposed under this section
10743 to the department on or before the 15th day of the month following the month in which the fee
10744 accrued.
10745 (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to
10746 the department by July 15 of that year.
10747 Section 225. Section 19-3-315 is amended to read:
10748 19-3-315. Transportation requirements.
10749 (1) A person may not transport wastes in the state, including on highways, roads, rail,
10750 by air, or otherwise, without:
10751 (a) having received approval from the state Department of Transportation; and
10752 (b) having demonstrated compliance with rules of the state Department of
10753 Transportation.
10754 (2) The Department of Transportation may:
10755 (a) make rules requiring a transport and route approval permit, weight restrictions,
10756 tracking systems, and state escort; and
10757 (b) assess appropriate fees as established under Section [
10758 shipment of waste, consistent with the requirements and limitations of federal law.
10759 (3) The Department of Environmental Quality shall establish any other transportation
10760 rules as necessary to protect the public health, safety, and environment.
10761 (4) Unless expressly authorized by the governor, with the concurrence of the
10762 Legislature, an easement or other interest in property may not be granted upon any lands within
10763 the state for a right of way for any carrier transportation system that:
10764 (a) is not a class I common or contract rail carrier organized and doing business prior to
10765 January 1, 1999; and
10766 (b) transports high level nuclear waste or greater than class C radioactive waste to a
10767 storage facility within the state.
10768 Section 226. Section 19-4-104 is amended to read:
10769 19-4-104. Powers of board.
10770 (1) The board may:
10771 (a) make rules in accordance with [
10772 Administrative Rulemaking Act:
10773 (i) establishing standards that prescribe the maximum contaminant levels in any public
10774 water system and provide for monitoring, record-keeping, and reporting of water quality related
10775 matters;
10776 (ii) governing design, construction, operation, and maintenance of public water
10777 systems;
10778 (iii) granting variances and exemptions to the requirements established under this
10779 chapter that are not less stringent than those allowed under federal law;
10780 (iv) protecting watersheds and water sources used for public water systems; and
10781 (v) governing capacity development in compliance with Section 1420 of the federal
10782 Safe Drinking Water Act, 42 U.S.C.A. 300f et seq.;
10783 (b) issue orders necessary to enforce the provisions of this chapter, enforce the orders
10784 by appropriate administrative and judicial proceedings, and institute judicial proceedings to
10785 secure compliance with this chapter;
10786 (c) (i) hold hearings relating to the administration of this chapter and compel the
10787 attendance of witnesses, the production of documents and other evidence, administer oaths and
10788 take testimony, and receive evidence as necessary; or
10789 (ii) appoint hearing officers and authorize them to exercise powers under this
10790 Subsection (1)(c);
10791 (d) require the submission to the executive secretary of plans and specifications for
10792 construction of, substantial addition to, or alteration of public water systems for review and
10793 approval by the board before that action begins and require any modifications or impose any
10794 conditions that may be necessary to carry out the purposes of this chapter;
10795 (e) advise, consult, cooperate with, provide technical assistance to, and enter into
10796 agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
10797 municipalities, local health departments, educational institutions, or others necessary to carry
10798 out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
10799 local jurisdictions;
10800 (f) request and accept financial assistance from other public agencies, private entities,
10801 and the federal government to carry out the purposes of this chapter;
10802 (g) develop and implement an emergency plan to protect the public when declining
10803 drinking water quality or quantity creates a serious health risk and issue emergency orders if a
10804 health risk is imminent;
10805 (h) authorize employees or agents of the department, after reasonable notice and
10806 presentation of credentials, to enter any part of a public water system at reasonable times to
10807 inspect the facilities and water quality records required by board rules, conduct sanitary
10808 surveys, take samples, and investigate the standard of operation and service delivered by public
10809 water systems;
10810 (i) meet the requirements of federal law related or pertaining to drinking water; and
10811 (j) exercise all other incidental powers necessary to carry out the purpose of this
10812 chapter.
10813 (2) (a) The board may adopt and enforce standards and establish fees for certification
10814 of operators of any public water system.
10815 (b) The board may not require certification of operators for a water system serving a
10816 population of 800 or less except:
10817 (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
10818 Water Act, 42 U.S.C.A. 300f et seq.; and
10819 (ii) for a system that is required to treat its drinking water.
10820 (c) The certification program shall be funded from certification and renewal fees.
10821 (3) Routine extensions or repairs of existing public water systems that comply with the
10822 rules and do not alter the system's ability to provide an adequate supply of water are exempt
10823 from the provisions of Subsection (1)(d).
10824 (4) (a) The board may adopt and enforce standards and establish fees for certification
10825 of persons engaged in administering cross connection control programs or backflow prevention
10826 assembly training, repair, and maintenance testing.
10827 (b) The certification program shall be funded from certification and renewal fees.
10828 Section 227. Section 19-4-109 is amended to read:
10829 19-4-109. Violations -- Penalties -- Reimbursement for expenses.
10830 (1) Any person that violates any rule or order made or issued pursuant to this chapter is
10831 subject to a civil penalty of not more than $1,000 per day for each day of violation. The board
10832 may assess and make a demand for payment of a penalty under this section by directing the
10833 executive secretary to issue a notice of agency action under [
10834 Chapter 4, Administrative Procedures Act.
10835 (2) (a) Any person that willfully violates any rule or order made or issued pursuant to
10836 this chapter, or that willfully fails to take any corrective action required by such an order, is
10837 guilty of a class B misdemeanor and subject to a fine of not more than $5,000 per day for each
10838 day of violation.
10839 (b) In addition, the person is subject, in a civil proceeding, to a penalty of not more
10840 than $5,000 per day for each day of violation.
10841 (3) (a) Except as provided in Subsection (b), all penalties assessed and collected under
10842 the authority of this section shall be deposited in the General Fund.
10843 (b) The department may reimburse itself and local governments from monies collected
10844 from civil penalties for extraordinary expenses incurred in environmental enforcement
10845 activities.
10846 (c) The department shall regulate reimbursements by making rules that:
10847 (i) define qualifying environmental enforcement activities; and
10848 (ii) define qualifying extraordinary expenses.
10849 Section 228. Section 19-5-104 is amended to read:
10850 19-5-104. Powers and duties of board.
10851 (1) The board has the following powers and duties, but the board shall give priority to
10852 pollution that results in hazards to the public health:
10853 (a) develop programs for the prevention, control, and abatement of new or existing
10854 pollution of the waters of the state;
10855 (b) advise, consult, and cooperate with other agencies of the state, the federal
10856 government, other states, and interstate agencies, and with affected groups, political
10857 subdivisions, and industries to further the purposes of this chapter;
10858 (c) encourage, participate in, or conduct studies, investigations, research, and
10859 demonstrations relating to water pollution and causes of water pollution as the board finds
10860 necessary to discharge its duties;
10861 (d) collect and disseminate information relating to water pollution and the prevention,
10862 control, and abatement of water pollution;
10863 (e) adopt, modify, or repeal standards of quality of the waters of the state and classify
10864 those waters according to their reasonable uses in the interest of the public under conditions the
10865 board may prescribe for the prevention, control, and abatement of pollution;
10866 (f) make rules in accordance with [
10867 Administrative Rulemaking Act, taking into account Subsection (2), to:
10868 (i) implement the awarding of construction loans to political subdivisions and
10869 municipal authorities under Section 11-8-2 , including:
10870 (A) requirements pertaining to applications for loans;
10871 (B) requirements for determination of eligible projects;
10872 (C) requirements for determination of the costs upon which loans are based, which
10873 costs may include engineering, financial, legal, and administrative expenses necessary for the
10874 construction, reconstruction, and improvement of sewage treatment plants, including major
10875 interceptors, collection systems, and other facilities appurtenant to the plant;
10876 (D) a priority schedule for awarding loans, in which the board may consider in addition
10877 to water pollution control needs any financial needs relevant, including per capita cost, in
10878 making a determination of priority; and
10879 (E) requirements for determination of the amount of the loan;
10880 (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
10881 73-10c-4.5 ;
10882 (iii) set effluent limitations and standards subject to Section 19-5-116 ;
10883 (iv) implement or effectuate the powers and duties of the board; and
10884 (v) protect the public health for the design, construction, operation, and maintenance of
10885 underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
10886 pit privies;
10887 (g) issue, modify, or revoke orders:
10888 (i) prohibiting or abating discharges;
10889 (ii) requiring the construction of new treatment works or any parts of them, or requiring
10890 the modification, extension, or alteration of existing treatment works as specified by board rule
10891 or any parts of them, or the adoption of other remedial measures to prevent, control, or abate
10892 pollution;
10893 (iii) setting standards of water quality, classifying waters or evidencing any other
10894 determination by the board under this chapter; and
10895 (iv) requiring compliance with this chapter and with rules made under this chapter;
10896 (h) review plans, specifications, or other data relative to disposal systems or any part of
10897 disposal systems, and issue construction permits for the installation or modification of
10898 treatment works or any parts of them;
10899 (i) after public notice and opportunity for a public hearing, issue, continue in effect,
10900 revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe
10901 to control the management of sewage sludge or to prevent or control the discharge of
10902 pollutants, including effluent limitations for the discharge of wastes into the waters of the state;
10903 (j) give reasonable consideration in the exercise of its powers and duties to the
10904 economic impact of water pollution control on industry and agriculture;
10905 (k) exercise all incidental powers necessary to carry out the purposes of this chapter,
10906 including delegation to the department of its duties as appropriate to improve administrative
10907 efficiency;
10908 (l) meet the requirements of federal law related to water pollution;
10909 (m) establish and conduct a continuing planning process for control of water pollution
10910 including the specification and implementation of maximum daily loads of pollutants;
10911 (n) make rules governing inspection, monitoring, recordkeeping, and reporting
10912 requirements for underground injections and require permits for them, to protect drinking water
10913 sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil,
10914 recognizing that underground injection endangers drinking water sources if:
10915 (i) injection may result in the presence of any contaminant in underground water which
10916 supplies or can reasonably be expected to supply any public water system, as defined in Section
10917 19-4-102 ; and
10918 (ii) the presence of the contaminant may result in the public water system not
10919 complying with any national primary drinking water standards or may otherwise adversely
10920 affect the health of persons;
10921 (o) make rules governing sewage sludge management, including permitting, inspecting,
10922 monitoring, recordkeeping, and reporting requirements;
10923 (p) adopt and enforce rules and establish fees to cover the costs of testing for
10924 certification of operators of treatment works and sewerage systems operated by political
10925 subdivisions;
10926 (q) notwithstanding the provisions of Section 19-4-112 , make rules governing design
10927 and construction of irrigation systems which convey sewage treatment facility effluent of
10928 human origin in pipelines under pressure, unless contained in surface pipes wholly on private
10929 property and for agricultural purposes, and which are constructed after May 4, 1998; and
10930 (r) (i) approve, approve in part, approve with conditions, or deny, in writing, an
10931 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
10932 (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
10933 Reuse Act.
10934 (2) In determining eligible project costs and in establishing priorities pursuant to
10935 Subsection (1)(f)(i), the board shall take into consideration the availability of federal grants.
10936 (3) In establishing certification rules under Subsection (1)(p), the board shall:
10937 (a) base the requirements for certification on the size, treatment process type, and
10938 complexity of the treatment works and sewerage systems operated by political subdivisions;
10939 (b) allow operators until three years after the date of adoption of the rules to obtain
10940 initial certification;
10941 (c) allow new operators one year from the date they are hired by a treatment plant or
10942 sewerage system or three years after the date of adoption of the rules, whichever occurs later, to
10943 obtain certification;
10944 (d) issue certification upon application and without testing, at a grade level comparable
10945 to the grade of current certification to operators who are currently certified under the voluntary
10946 certification plan for wastewater works operators as recognized by the board; and
10947 (e) issue a certification upon application and without testing that is valid only at the
10948 treatment works or sewerage system where that operator is currently employed if the operator:
10949 (i) is in charge of and responsible for the treatment works or sewerage system on
10950 March 16, 1991;
10951 (ii) has been employed at least ten years in the operation of that treatment works or
10952 sewerage system prior to March 16, 1991; and
10953 (iii) demonstrates to the board [
10954 works or sewerage system at which [
10955 employment history and references as required by the board.
10956 Section 229. Section 19-5-113 is amended to read:
10957 19-5-113. Power of board to enter property for investigation -- Records and
10958 reports required of owners or operators.
10959 (1) The board or its authorized representative has, after presentation of credentials, the
10960 authority to enter at reasonable times upon any private or public property for the purpose of:
10961 (a) sampling, inspecting, or investigating matters or conditions relating to pollution or
10962 the possible pollution of any waters of the state, effluents or effluent sources, monitoring
10963 equipment, or sewage sludge; and
10964 (b) reviewing and copying records required to be maintained under this chapter.
10965 (2) (a) The board may require a person managing sewage sludge, or the owner or
10966 operator of a disposal system, including a system discharging into publicly[
10967 works, to:
10968 (i) establish and maintain reasonable records and make reports relating to the operation
10969 of the system or the management of the sewage sludge;
10970 (ii) install, use, and maintain monitoring equipment or methods;
10971 (iii) sample, and analyze effluents or sewage sludges; and
10972 (iv) provide other information reasonably required.
10973 (b) The records, reports, and information shall be available to the public except as
10974 provided in Subsection 19-1-306 (2) or Subsections [
10975 Government Records Access and Management Act, as appropriate, for other than effluent
10976 information.
10977 Section 230. Section 19-5-120 is amended to read:
10978 19-5-120. Sewage permit program fee.
10979 (1) The department may assess a fee established under Section [
10980 against persons required to obtain a permit under Section 19-5-108 for the management of
10981 sewage sludge, to be applied to the costs of administering the sewage permit program required
10982 by this chapter.
10983 (2) The total of the combined fees assessed against all permittees under this section
10984 may not be more than $28,000 annually.
10985 (3) In establishing the fee for each sludge disposal permit holder, the department shall
10986 take into account the proportionate size of the population served by the permit holder.
10987 (4) All proceeds from the fee shall be applied to the administering of the sewage permit
10988 program required by this chapter.
10989 Section 231. Section 19-5-121 is amended to read:
10990 19-5-121. Underground wastewater disposal systems -- Certification required to
10991 design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules --
10992 Fees.
10993 (1) As used in this section, "maintain" does not include the pumping of an underground
10994 wastewater disposal system.
10995 (2) (a) Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002,
10996 a person may not design, inspect, maintain, or conduct percolation or soil tests for an
10997 underground wastewater disposal system, without first obtaining certification from the board.
10998 (b) An individual is not required to obtain certification from the board to maintain an
10999 underground wastewater disposal system that serves a noncommercial, private residence owned
11000 by the individual or a member of the individual's family and in which the individual or a
11001 member of the individual's family resides or an employee of the individual resides without
11002 payment of rent.
11003 (c) The board shall make rules allowing an uncertified individual to conduct
11004 percolation or soil tests for an underground wastewater disposal system that serves a
11005 noncommercial, private residence owned by the individual and in which the individual resides
11006 or intends to reside, or which is intended for use by an employee of the individual without
11007 payment of rent, if the individual:
11008 (i) has the capability of properly conducting the tests; and
11009 (ii) is supervised by a certified individual when conducting the tests.
11010 (3) (a) The board shall adopt and enforce rules for the certification and recertification
11011 of individuals who design, inspect, maintain, or conduct percolation or soil tests for
11012 underground wastewater disposal systems.
11013 (b) (i) The rules shall specify requirements for education and training and the type and
11014 duration of experience necessary to obtain certification.
11015 (ii) The rules shall recognize the following in meeting the requirements for
11016 certification:
11017 (A) the experience of a contractor licensed under Title 58, Chapter 55, Utah
11018 Construction Trades Licensing Act, who has five or more years of experience installing
11019 underground wastewater disposal systems;
11020 (B) the experience of an environmental health scientist licensed under Title 58, Chapter
11021 20a, Environmental Health Scientist Act; or
11022 (C) the educational background of a professional engineer licensed under Title 58,
11023 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
11024 (iii) If eligibility for certification is based on experience, the applicant for certification
11025 must show proof of experience.
11026 (4) The department may establish fees in accordance with Section [
11027 63J-1-303 for the testing and certification of individuals who design, inspect, maintain, or
11028 conduct percolation or soil tests for underground wastewater disposal systems.
11029 Section 232. Section 19-5-122 is amended to read:
11030 19-5-122. Underground wastewater disposal systems -- Fee imposed on new
11031 systems.
11032 (1) Beginning July 1, 2001, a one-time fee is imposed on each new underground
11033 wastewater disposal system installed.
11034 (2) (a) From July 1, 2001 through June 30, 2002, the fee shall be $25.
11035 (b) Beginning July 1, 2002, the fee shall be established by the department in
11036 accordance with Section [
11037 (3) (a) The fee shall be paid when plans and specifications for the construction of a
11038 new underground wastewater disposal system are approved by the local health department or
11039 the Department of Environmental Quality.
11040 (b) A local health department shall remit the fee revenue to the Division of Finance
11041 quarterly.
11042 (4) The fee revenue shall be:
11043 (a) deposited into the Underground Wastewater Disposal Restricted Account created in
11044 Section 19-5-123 ; and
11045 (b) used to pay for costs of underground wastewater disposal system training programs.
11046 Section 233. Section 19-6-102.6 is amended to read:
11047 19-6-102.6. Legislative participation in landfill siting disputes.
11048 (1) (a) Upon the Legislature's receipt of a written request by a county governing body
11049 or a member of the Legislature whose district is involved in a landfill siting dispute, the
11050 president of the Senate and the speaker of the House shall appoint a committee as described
11051 under Subsection (2) and volunteers under Subsection (3) to actively seek an acceptable
11052 location for a municipal landfill if there is a dispute between two or more counties regarding
11053 the proposed site of a municipal landfill.
11054 (b) The president and the speaker shall consult with the legislators appointed under this
11055 subsection regarding their appointment of members of the committee under Subsection (2), and
11056 volunteers under Subsection (3).
11057 (2) The committee shall consist of the following members, appointed jointly by the
11058 president and the speaker:
11059 (a) two members from the Senate:
11060 (i) one member from the county where the proposed landfill site is located; and
11061 (ii) one member from the other county involved in the dispute, but if more than one
11062 other county is involved, still only one senator from one of those counties;
11063 (b) two members from the House:
11064 (i) one member from the county where the proposed landfill site is located; and
11065 (ii) one member from the other county involved in the dispute, but if more than one
11066 other county is involved, still only one representative from one of those counties;
11067 (c) one individual whose current principal residence is within a community located
11068 within 20 miles of any exterior boundary of the proposed landfill site, but if no community is
11069 located within 20 miles of the community, then an individual whose current residence is in the
11070 community nearest the proposed landfill site;
11071 (d) two resident citizens from the county where the proposed landfill site is located;
11072 and
11073 (e) three resident citizens from the other county involved in the dispute, but if more
11074 than one other county is involved, still only three citizen representatives from those counties.
11075 (3) Two volunteers shall be appointed under Subsection (1). The volunteers shall be
11076 individuals who agree to assist, as requested, the committee members who represent the
11077 interests of the county where the proposed landfill site is located.
11078 (4) (a) Funding and staffing for the committee shall be provided jointly and equally by
11079 the Senate and the House.
11080 (b) The Department of Environmental Quality shall, at the request of the committee
11081 and as funds are available within the department's existing budget, provide support in arranging
11082 for committee hearings to receive public input and secretarial staff to make a record of those
11083 hearings.
11084 (5) The committee shall:
11085 (a) appoint a chair from among its members; and
11086 (b) meet as necessary, but not less often than once per month, until its work is
11087 completed.
11088 (6) The committee shall report in writing the results of its work and any
11089 recommendations it may have for legislative action to the interim committees of the Legislature
11090 as directed by the Legislative Management Committee.
11091 (7) (a) All action by the division, the executive secretary, or the division board of the
11092 Department of Environmental Quality regarding any proposed municipal landfill site,
11093 regarding which a request has been submitted under Subsection (1), is tolled for one year from
11094 the date the request is submitted, or until the committee completes its work under this section,
11095 whichever occurs first. This Subsection (7) also tolls the time limits imposed by Subsection
11096 19-6-108 (13).
11097 (b) This Subsection (7) applies to any proposed landfill site regarding which the
11098 department has not granted final approval on or before March 21, 1995.
11099 (c) As used in this Subsection (7), "final approval" means final agency action taken
11100 after conclusion of proceedings under Sections [
11101 63G-4-405 .
11102 (8) This section does not apply to a municipal solid waste facility that is, on or before
11103 March 23, 1994:
11104 (a) operating under an existing permit or the renewal of an existing permit issued by
11105 the local health department or other authority granted by the Department of Environmental
11106 Quality; or
11107 (b) operating under the approval of the local health department, regardless of whether a
11108 formal permit has been issued.
11109 Section 234. Section 19-6-105 is amended to read:
11110 19-6-105. Rules of board.
11111 (1) The board may make rules in accordance with [
11112 Chapter 3, Utah Administrative Rulemaking Act:
11113 (a) establishing minimum standards for protection of human health and the
11114 environment, for the storage, collection, transport, recovery, treatment, and disposal of solid
11115 waste, including requirements for the approval of plans for the construction, extension,
11116 operation, and closure of solid waste disposal sites;
11117 (b) identifying wastes which are determined to be hazardous, including wastes
11118 designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
11119 1976, 42 U.S.C., Sec. 6921, et seq.;
11120 (c) governing generators and transporters of hazardous wastes and owners and
11121 operators of hazardous waste treatment, storage, and disposal facilities, including requirements
11122 for keeping records, monitoring, submitting reports, and using a manifest, without treating
11123 high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
11124 muds, and oil production brines in a manner more stringent than they are treated under federal
11125 standards;
11126 (d) requiring an owner or operator of a treatment, storage, or disposal facility that is
11127 subject to a plan approval under Section 19-6-108 or which received waste after July 26, 1982,
11128 to take appropriate corrective action or other response measures for releases of hazardous waste
11129 or hazardous waste constituents from the facility, including releases beyond the boundaries of
11130 the facility;
11131 (e) specifying the terms and conditions under which the board shall approve,
11132 disapprove, revoke, or review hazardous wastes operation plans;
11133 (f) governing public hearings and participation under this part;
11134 (g) establishing standards governing underground storage tanks, in accordance with
11135 Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
11136 (h) relating to the collection, transportation, processing, treatment, storage, and
11137 disposal of infectious waste in health facilities in accordance with the requirements of Section
11138 19-6-106 ;
11139 (i) defining closure plans as major or minor;
11140 (j) defining modification plans as major or minor; and
11141 (k) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
11142 organic waste substance of any kind to be thrown, or remain upon or in any street, road, ditch,
11143 canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring, or
11144 well.
11145 (2) If any of the following are determined to be hazardous waste and are therefore
11146 subjected to the provisions of this part, the board shall, in the case of landfills or surface
11147 impoundments that receive the solid wastes, take into account the special characteristics of the
11148 wastes, the practical difficulties associated with applying requirements for other wastes to the
11149 wastes, and site specific characteristics, including the climate, geology, hydrology, and soil
11150 chemistry at the site, if the modified requirements assure protection of human health and the
11151 environment and are no more stringent than federal standards applicable to wastes:
11152 (a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
11153 including phosphate rock and overburden from the mining of uranium;
11154 (b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
11155 generated primarily from the combustion of coal or other fossil fuels; and
11156 (c) cement kiln dust waste.
11157 (3) The board shall establish criteria for siting commercial hazardous waste treatment,
11158 storage, and disposal facilities, including commercial hazardous waste incinerators. Those
11159 criteria shall apply to any facility or incinerator for which plan approval is required under
11160 Section 19-6-108 .
11161 Section 235. Section 19-6-108.3 is amended to read:
11162 19-6-108.3. Executive secretary to issue written assurances, make determinations,
11163 and partition operation plans -- Board to make rules.
11164 (1) Based upon risk to human health or the environment from potential exposure to
11165 hazardous waste, the executive secretary may:
11166 (a) even if corrective action is incomplete, issue an enforceable written assurance to a
11167 person acquiring an interest in real property covered by an operation plan that the person to
11168 whom the assurance is issued:
11169 (i) is not a permittee under the operation plan; and
11170 (ii) will not be subject to an enforcement action under this part for contamination that
11171 exists or for violations under this part that occurred before the person acquired the interest in
11172 the real property covered by the operation plan;
11173 (b) determine that corrective action to the real property covered by the operation plan
11174 is:
11175 (i) complete;
11176 (ii) incomplete;
11177 (iii) unnecessary with an environmental covenant; or
11178 (iv) unnecessary without an environmental covenant; and
11179 (c) partition from an operation plan a portion of real property subject to the operation
11180 plan after determining that corrective action for that portion of real property is:
11181 (i) complete;
11182 (ii) unnecessary with an environmental covenant; or
11183 (iii) unnecessary without an environmental covenant.
11184 (2) If the executive secretary determines that an environmental covenant is necessary
11185 under Subsection (1)(b) or (c), the executive secretary shall require that the real property be
11186 subject to an environmental covenant according to Title 57, Chapter 25, Uniform
11187 Environmental Covenants Act.
11188 (3) An assurance issued under Subsection (1) protects the person to whom the
11189 assurance is issued from any cost recovery and contribution action under state law.
11190 (4) By following the procedures and requirements of [
11191 Chapter 4, Administrative Procedures Act, the board may adopt rules to administer this section.
11192 Section 236. Section 19-6-303 is amended to read:
11193 19-6-303. Rulemaking provisions.
11194 The executive director may regulate hazardous substances releases by making rules in
11195 accordance with [
11196 Rulemaking Act, consistent with the substantive requirements of CERCLA, to establish the
11197 requirements for remedial investigation studies and remedial action plans.
11198 Section 237. Section 19-6-321 is amended to read:
11199 19-6-321. Construction with other state and federal laws -- Governmental
11200 immunity.
11201 (1) Except as provided in Subsection (2), nothing in this part affects or modifies in any
11202 way the obligations or liability of any person under a contract or any other provision of this part
11203 or state or federal law, including common law, for damages, indemnification, injury, or loss
11204 associated with a hazardous material or substance release or a substantial threat of a hazardous
11205 material or substance release.
11206 (2) In addition to the governmental immunity granted in [
11207 63G, Chapter 7, Governmental Immunity Act of Utah, the state and its political subdivisions
11208 are not liable for actions performed under this part except as a result of intentional misconduct
11209 or gross negligence including reckless, willful, or wanton misconduct.
11210 (3) Nothing in this part affects, limits, or modifies in any way the authority granted to
11211 the state, any state agency, or any political subdivision under other state or federal law.
11212 Section 238. Section 19-6-326 is amended to read:
11213 19-6-326. Written assurances.
11214 (1) Based upon risk to human health or the environment from potential exposure to
11215 hazardous substances or materials, the executive director may issue enforceable written
11216 assurances to a bona fide prospective purchaser, contiguous property owner, or innocent
11217 landowner of real property that no enforcement action under this part may be initiated
11218 regarding that real property against the person to whom the assurances are issued.
11219 (2) An assurance granted under Subsection (1) grants the person to whom the
11220 assurance is issued protection from imposition of any state law cost recovery and contribution
11221 actions under this part.
11222 (3) The executive director may make rules in accordance with [
11223 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the administration
11224 of this section.
11225 Section 239. Section 19-6-403 is amended to read:
11226 19-6-403. Powers and duties of board.
11227 (1) (a) The board shall regulate underground storage tanks and petroleum storage tanks
11228 by applying the provisions of this part and by making rules for:
11229 (i) certification of tank installers, inspectors, testers, and removers;
11230 (ii) registration of tanks;
11231 (iii) administration of the petroleum storage tank program;
11232 (iv) format and required information regarding records to be kept by tank owners or
11233 operators who are participating in the fund;
11234 (v) voluntary participation in the fund for above ground petroleum storage tanks and
11235 tanks exempt from regulation under 40 C.F.R., Part 280, Subpart (B), and specified in Section
11236 19-6-415 ; and
11237 (vi) certification of underground storage tank consultants, including requirements for
11238 minimum education or experience, which rules shall recognize the educational background of a
11239 professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Land
11240 Surveyors Licensing Act, as meeting the education requirements for certification, but shall
11241 require proof of experience that meets certification requirements.
11242 (b) The board shall make rules in accordance with [
11243 Chapter 3, Utah Administrative Rulemaking Act, adopting requirements for underground
11244 storage tanks contained in Subtitle I of the Resource Conservation and Recovery Act, 42
11245 U.S.C. Section 6991c, et seq., and other future applicable final federal regulations.
11246 (2) The board shall ensure that the rules made under the authority of Subsection (1)
11247 meet federal requirements for the state's assumption of primacy in the regulation of
11248 underground storage tanks, as provided in Section 9004 of the Resource Conservation and
11249 Recovery Act, 42 U.S.C. Section 6991c, et seq.
11250 Section 240. Section 19-6-405.3 is amended to read:
11251 19-6-405.3. Creation of Petroleum Storage Tank Loan Fund -- Purposes -- Loan
11252 eligibility -- Loan restrictions -- Rulemaking.
11253 (1) There is created the revolving loan fund entitled the Petroleum Storage Tank Loan
11254 Fund.
11255 (2) The sources of monies for the loan fund are:
11256 (a) appropriations to the loan fund;
11257 (b) principal and interest received from the repayment of loans made by the executive
11258 secretary under Subsection (3); and
11259 (c) all investment income derived from money in the fund.
11260 (3) The executive secretary may loan, in accordance with this section, monies available
11261 in the loan fund to persons to be used for:
11262 (a) upgrading petroleum storage tanks and associated piping with corrosion protection,
11263 or spill and overfill prevention equipment as necessary to meet the federal deadline required
11264 under 40 CFR 280.21;
11265 (b) replacing underground storage tanks; or
11266 (c) permanently closing underground storage tanks.
11267 (4) A person may apply to the executive secretary for a loan under Subsection (3) if all
11268 tanks owned or operated by that person are in substantial compliance with all state and federal
11269 requirements or will be brought into substantial compliance using money from the loan fund.
11270 (5) The executive secretary shall consider loan applications under Subsection (4) to
11271 meet the following objectives:
11272 (a) support availability of gasoline in rural parts of the state;
11273 (b) support small businesses; and
11274 (c) reduce the threat of a petroleum release endangering the environment.
11275 (6) Loans made under this section shall:
11276 (a) be for no more than $45,000 for all tanks at any one facility;
11277 (b) be for no more than $15,000 per tank;
11278 (c) be for no more than 80% of the total cost of:
11279 (i) upgrading a tank and associated piping to meet requirements of 40 CFR 280.21;
11280 (ii) replacing the underground storage tank; or
11281 (iii) permanently closing the underground storage tank;
11282 (d) have a fixed annual interest rate of 3%;
11283 (e) have a term no longer than ten years;
11284 (f) be made on the condition the loan applicant obtains adequate security for the loan as
11285 established by board rule under Subsection (7); and
11286 (g) comply with rules made by the board under Subsection (7).
11287 (7) In accordance with [
11288 Administrative Rulemaking Act, the board shall make rules establishing:
11289 (a) form, content, and procedure for loan applications;
11290 (b) criteria and procedures for prioritizing loan applications;
11291 (c) requirements and procedures for securing loans;
11292 (d) procedures for making the loans;
11293 (e) procedures for administering and ensuring repayment of loans, including late
11294 payment penalties; and
11295 (f) procedures for recovering on defaulted loans.
11296 (8) The decisions of the executive secretary in loaning money from the loan fund and
11297 otherwise administering the loan fund are not subject to [
11298 Chapter 4, Administrative Procedures Act.
11299 (9) The Legislature shall appropriate monies for administration of the loan fund to the
11300 department from the loan fund.
11301 (10) The executive secretary may enter into agreements with public entities or private
11302 organizations to perform any tasks associated with administration of the loan fund.
11303 Section 241. Section 19-6-408 is amended to read:
11304 19-6-408. Underground storage tank registration fee -- Processing fee for tanks
11305 not in the program.
11306 (1) The department may assess an annual underground storage tank registration fee
11307 against owners or operators of underground storage tanks that have not been closed. These fees
11308 shall be:
11309 (a) billed per facility;
11310 (b) due on July 1 annually;
11311 (c) deposited with the department as dedicated credits;
11312 (d) used by the department for the administration of the underground storage tank
11313 program outlined in this part; and
11314 (e) established under Section [
11315 (2) (a) In addition to the fee under Subsection (1), an owner or operator who elects to
11316 demonstrate financial assurance through a mechanism other than the Environmental Assurance
11317 Program shall pay a processing fee of:
11318 (i) for fiscal year 1997-98, $1,000 for each financial assurance mechanism document
11319 submitted to the division for review; and
11320 (ii) on and after July 1, 1998, a processing fee established under Section [
11321 63J-1-303 .
11322 (b) If a combination of financial assurance mechanisms is used to demonstrate
11323 financial assurance, the fee under Subsection (2)(a) shall be paid for each document submitted.
11324 (c) As used in this Subsection (2), "financial assurance mechanism document" may be
11325 a single document that covers more than one facility through a single financial assurance
11326 mechanism.
11327 (3) Any funds provided for administration of the underground storage tank program
11328 under this section that are not expended at the end of the fiscal year lapse into the Petroleum
11329 Storage Tank Restricted Account created in Section 19-6-405.5 .
11330 (4) The executive secretary shall provide all owners or operators who pay the annual
11331 underground storage tank registration fee a certificate of registration.
11332 (5) (a) The executive secretary may issue a notice of agency action assessing a civil
11333 penalty of $1,000 per facility if an owner or operator of an underground storage tank facility
11334 fails to pay the required fee within 60 days after the July 1 due date.
11335 (b) The registration fee and late payment penalty accrue interest at 12% per annum.
11336 (c) If the registration fee, late payment penalty, and interest accrued under this
11337 Subsection (5) are not paid in full within 60 days after the July 1 due date any certificate of
11338 compliance issued prior to the July 1 due date lapses. The executive secretary may not reissue
11339 the certificate of compliance until full payment under this Subsection (5) is made to the
11340 department.
11341 (d) The executive secretary may waive any penalty assessed under this Subsection (5)
11342 if no fuel has been dispensed from the tank on or after July 1, 1991.
11343 Section 242. Section 19-6-410.5 is amended to read:
11344 19-6-410.5. Environmental assurance program -- Participant fee.
11345 (1) As used in this section:
11346 (a) "Cash balance" means cash plus investments and current accounts receivable minus
11347 current accounts payable, excluding the liabilities estimated by the state risk manager.
11348 (b) "Commission" means the State Tax Commission, as defined in Section 59-1-101 .
11349 (2) (a) There is created an Environmental Assurance Program.
11350 (b) The program shall provide to participating owners and operators, upon payment of
11351 the fee imposed under Subsection (4), assistance with satisfying the financial responsibility
11352 requirements of 40 CFR, Part 280, Subpart H, by providing funds from the Petroleum Storage
11353 Tank Trust Fund established in Section 19-6-409 , subject to the terms and conditions of
11354 Chapter 6, Part 4, Underground Storage Tank Act, and rules implemented under that part.
11355 (3) (a) Subject to Subsection (3)(b), participation in the program is voluntary.
11356 (b) Each owner and operator seeking to satisfy financial responsibility requirements
11357 through the program shall use the program for all petroleum underground storage tanks that the
11358 owner or operator owns or operates.
11359 (4) (a) There is assessed an environmental assurance fee of 1/2 cent per gallon on the
11360 first sale or use of petroleum products in the state.
11361 (b) The environmental assurance fee and any other revenue collected under this section
11362 shall be deposited in the Petroleum Storage Tank Trust Fund created in Section 19-6-409 and
11363 used solely for the purposes listed in Section 19-6-409 .
11364 (5) (a) The commission shall collect the environmental assurance fee and any penalties
11365 and interest imposed under this section.
11366 (b) By following the procedures and requirements of [
11367 Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules to establish:
11368 (i) the method of payment of the environmental assurance fee;
11369 (ii) the procedure for reimbursement or exemption of owners or operators who do not
11370 participate in the program, including owners and operators of above ground storage tanks; and
11371 (iii) the procedure for confirming with the department those owners and operators who
11372 qualify for reimbursement or exemption under Subsection (5)(b)(ii).
11373 (c) The commission may retain an amount not to exceed 2.5% of fees collected under
11374 this section for the cost to it of rendering its services.
11375 (6) (a) The person or entity responsible for payment of the fee under this section shall,
11376 by the last day of the month following the month in which the sale occurs:
11377 (i) complete and submit the form prescribed by the commission; and
11378 (ii) pay the fee to the commission.
11379 (b) (i) The penalties and interest for failure to file the form or to pay the environmental
11380 assurance fee are the same as the penalties and interest under Sections 59-1-401 and 59-1-402 .
11381 (ii) The commission shall deposit penalties and interest collected under this section in
11382 the Petroleum Storage Tank Trust Fund.
11383 (c) The commission shall report to the department any person or entity who is
11384 delinquent in payment of the fee under this section.
11385 (7) (a) (i) If the cash balance of the Petroleum Storage Tank Trust Fund on June 30 of
11386 any year exceeds $20,000,000, the assessment of the environmental assurance fee as provided
11387 in Subsection (4) is reduced to 1/4 cent per gallon beginning November 1.
11388 (ii) The reduction shall remain in effect until modified by the Legislature in a general
11389 or special session.
11390 (b) The commission shall determine the cash balance of the fund each year as of June
11391 30.
11392 (c) Before September 1 of each year, the department shall provide the commission with
11393 the accounts payable of the fund as of June 30.
11394 Section 243. Section 19-6-427 is amended to read:
11395 19-6-427. Liability of any person under other laws -- Additional state and
11396 governmental immunity -- Exceptions.
11397 (1) Except as provided in Subsection (2), nothing in this part affects or modifies in any
11398 way:
11399 (a) the obligations or liability of any person under any other provision of this part or
11400 state or federal law, including common law, for damages, injury, or loss resulting from a
11401 release or substantial threat of a release of petroleum from an underground storage tank or a
11402 petroleum storage tank; or
11403 (b) the liability of any person for costs incurred except as provided in this part.
11404 (2) In addition to the governmental immunity granted in [
11405 63G, Chapter 7, Governmental Immunity Act of Utah, the state and its political subdivisions
11406 are not liable for actions performed under this part except as a result of intentional misconduct
11407 or gross negligence including reckless, willful, or wanton misconduct.
11408 Section 244. Section 19-6-704 is amended to read:
11409 19-6-704. Powers and duties of the board.
11410 (1) The board shall make rules under [
11411 Utah Administrative Rulemaking Act, as necessary to administer this part and to comply with
11412 40 CFR 279, Standards for the Management of Used Oil, to ensure the state's primacy to
11413 manage used oil under 40 CFR 279. For these purposes the board shall:
11414 (a) conduct adjudicative hearings as required in this part under [
11415 Title 63G, Chapter 4, Administrative Procedures Act;
11416 (b) establish by rule conditions and procedures for registration and revocation of
11417 registration as a used oil collection center, used oil aggregation point, or DIYer used oil
11418 collection center;
11419 (c) provide by rule that used oil aggregation points that do not accept DIYer used oil
11420 are required to comply with used oil collection standards under this part, but are not required to
11421 be permitted or registered;
11422 (d) establish by rule conditions and fees required to obtain permits and operate as used
11423 oil transporters, used oil transfer facilities, used oil processors and rerefiners, and used oil fuel
11424 marketers;
11425 (e) establish by rule the amount of liability insurance or other financial responsibility
11426 the applicant shall have to qualify for a permit under Subsection (1)(d);
11427 (f) establish by rule the form and amount of reclamation surety required for
11428 reclamation of any site or facility required to be permitted under this part;
11429 (g) after public notice and opportunity for a public hearing, hear and act on permit
11430 issues appealed under Subsection 19-6-712 (2);
11431 (h) establish by rule standards for tracking, analysis, and recordkeeping regarding used
11432 oil subject to regulation under this part, including:
11433 (i) manifests for handling and transferring used oil;
11434 (ii) analyses necessary to determine if used oil is on-specification or off-specification;
11435 (iii) records documenting date, quantities, and character of used oil transported,
11436 processed, transferred, or sold;
11437 (iv) records documenting persons between whom transactions under this subsection
11438 occurred; and
11439 (v) exemption of DIYer used oil collection centers from this subsection except as
11440 necessary to verify volumes of used oil picked up by a permitted transporter and the
11441 transporter's name and federal EPA identification number;
11442 (i) authorize inspections and audits of facilities, centers, and operations subject to
11443 regulation under this part;
11444 (j) establish by rule standards for:
11445 (i) used oil generators;
11446 (ii) used oil collection centers;
11447 (iii) DIYer used oil collection centers;
11448 (iv) aggregation points;
11449 (v) curbside used oil collection programs;
11450 (vi) used oil transporters;
11451 (vii) used oil transfer facilities;
11452 (viii) used oil burners;
11453 (ix) used oil processors and rerefiners; and
11454 (x) used oil marketers;
11455 (k) establish by rule standards for determining on-specification and off-specification
11456 used oil and specified mixtures of used oil, subject to Section 19-6-707 regarding rebuttable
11457 presumptions;
11458 (l) establish by rule standards for closure, remediation, and response to releases
11459 involving used oil; and
11460 (m) establish a public education program to promote used oil recycling and use of used
11461 oil collection centers.
11462 (2) The board may:
11463 (a) hold hearings relating to any aspect of or matter in the administration of this part
11464 and compel the attendance of witnesses and the production of documents and other evidence,
11465 administer oaths and take testimony, and receive evidence as necessary;
11466 (b) require retention and submission of records required under this part; and
11467 (c) require audits of records and recordkeeping procedures required under this part and
11468 rules made under this part, except that audits of records regarding the fee imposed and
11469 collected by the commission under Sections 19-6-714 and 19-6-715 are the responsibility of the
11470 commission under Section 19-6-716 .
11471 Section 245. Section 19-6-721 is amended to read:
11472 19-6-721. Violations -- Proceedings -- Orders.
11473 (1) A person who violates any provision of this part or any order, permit, rule, or other
11474 requirement issued or adopted under this part is subject in a civil proceeding to a penalty of not
11475 more than $10,000 per day for each day of violation, in addition to any fine otherwise imposed
11476 for violation of this part.
11477 (2) (a) The board may bring suit in the name of the state to restrain the person from
11478 continuing the violation and to require the person to perform necessary remediation.
11479 (b) Suit under Subsection (2)(a) may be brought in any court in the state having
11480 jurisdiction in the county of residence of the person charged or in the county where the
11481 violation is alleged to have occurred.
11482 (c) The court may grant prohibitory and mandatory injunctions, including temporary
11483 restraining orders.
11484 (3) When the executive secretary finds a situation exists in violation of this part that
11485 presents an immediate threat to the public health or welfare, the executive secretary may issue
11486 an emergency order under [
11487 Procedures Act.
11488 (4) All penalties collected under this section shall be deposited in the account created
11489 in Section 19-6-719 .
11490 Section 246. Section 19-6-803 is amended to read:
11491 19-6-803. Definitions.
11492 As used in this part:
11493 (1) "Abandoned waste tire pile" means a waste tire pile regarding which the local
11494 department of health has not been able to:
11495 (a) locate the persons responsible for the tire pile; or
11496 (b) cause the persons responsible for the tire pile to remove it.
11497 (2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
11498 storage, or disposal, but that serves as a replacement for another product or material for specific
11499 purposes.
11500 (b) "Beneficial use" includes the use of chipped tires:
11501 (i) as daily landfill cover;
11502 (ii) for civil engineering purposes;
11503 (iii) as low-density, light-weight aggregate fill; or
11504 (iv) for septic or drain field construction.
11505 (c) "Beneficial use" does not include the use of waste tires or material derived from
11506 waste tires:
11507 (i) in the construction of fences; or
11508 (ii) as fill, other than low-density, light-weight aggregate fill.
11509 (3) "Board" means the Solid and Hazardous Waste Control Board created under
11510 Section 19-1-106 .
11511 (4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
11512 (5) "Commission" means the Utah State Tax Commission.
11513 (6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need,
11514 rather than for resale.
11515 (b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be
11516 rented or leased.
11517 (7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
11518 reduced in size such that the particles are less than or equal to 3/8 inch in diameter and are 98%
11519 wire free by weight.
11520 (8) "Disposal" means the deposit, dumping, or permanent placement of any waste tire
11521 in or on any land or in any water in the state.
11522 (9) "Dispose of" means to deposit, dump, or permanently place any waste tire in or on
11523 any land or in any water in the state.
11524 (10) "Division" means the Division of Solid and Hazardous Waste created in Section
11525 19-1-105 , within the Department of Environmental Quality.
11526 (11) "Executive secretary" means the executive secretary of the Solid and Hazardous
11527 Waste Control Board created in Section 19-1-106 .
11528 (12) "Fund" means the Waste Tire Recycling Fund created in Section 19-6-807 .
11529 (13) "Landfill waste tire pile" means a waste tire pile:
11530 (a) located within the permitted boundary of a landfill operated by a governmental
11531 entity; and
11532 (b) consisting solely of waste tires brought to a landfill for disposal and diverted from
11533 the landfill waste stream to the waste tire pile.
11534 (14) "Local health department" means the local health department, as defined in
11535 Section 26A-1-102 , with jurisdiction over the recycler.
11536 (15) "Materials derived from waste tires" means tire sections, tire chips, tire
11537 shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
11538 (16) "Mobile facility" means a mobile facility capable of cutting waste tires on site so
11539 the waste tires may be effectively disposed of by burial, such as in a landfill.
11540 (17) "New motor vehicle" means a motor vehicle which has never been titled or
11541 registered.
11542 (18) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
11543 pounds of whole tires or material derived from waste tires is equal to one waste tire.
11544 (19) "Proceeds of the fee" means the money collected by the commission from
11545 payment of the recycling fee including interest and penalties on delinquent payments.
11546 (20) "Recycler" means a person who:
11547 (a) annually uses, or can reasonably be expected within the next year to use, a
11548 minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in
11549 the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate
11550 product; and
11551 (b) is registered as a recycler in accordance with Section 19-6-806 .
11552 (21) "Recycling fee" means the fee provided for in Section 19-6-805 .
11553 (22) "Shredded waste tires" means waste tires or material derived from waste tires that
11554 has been reduced to a six inch square or smaller.
11555 (23) (a) "Storage" means the placement of waste tires in a manner that does not
11556 constitute disposal of the waste tires.
11557 (b) "Storage" does not include:
11558 (i) the use of waste tires as ballast to maintain covers on agricultural materials or to
11559 maintain covers at a construction site; or
11560 (ii) the storage for five or fewer days of waste tires or material derived from waste tires
11561 that are to be recycled or applied to a beneficial use.
11562 (24) (a) "Store" means to place waste tires in a manner that does not constitute disposal
11563 of the waste tires.
11564 (b) "Store" does not include:
11565 (i) to use waste tires as ballast to maintain covers on agricultural materials or to
11566 maintain covers at a construction site; or
11567 (ii) to store for five or fewer days waste tires or material derived from waste tires that
11568 are to be recycled or applied to a beneficial use.
11569 (25) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a
11570 vehicle in which a person or property is or may be transported or drawn upon a highway.
11571 (26) "Tire retailer" means any person engaged in the business of selling new tires either
11572 as replacement tires or as part of a new vehicle sale.
11573 (27) (a) "Ultimate product" means a product that has as a component materials derived
11574 from waste tires and that the executive secretary finds has a demonstrated market.
11575 (b) "Ultimate product" includes pyrolized materials derived from:
11576 (i) waste tires; or
11577 (ii) chipped tires.
11578 (c) "Ultimate product" does not include a product regarding which a waste tire remains
11579 after the product is disposed of or disassembled.
11580 (28) "Waste tire" means a tire that is no longer suitable for its original intended
11581 purpose because of wear, damage, or defect.
11582 (29) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
11583 (30) (a) "Waste tire transporter" means a person or entity engaged in picking up or
11584 transporting at one time more than ten whole waste tires, or the equivalent amount of material
11585 derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal.
11586 (b) "Waste tire transporter" includes any person engaged in the business of collecting,
11587 hauling, or transporting waste tires or who performs these functions for another person, except
11588 as provided in Subsection (30)(c).
11589 (c) "Waste tire transporter" does not include:
11590 (i) a person transporting waste tires generated solely by:
11591 (A) that person's personal vehicles;
11592 (B) a commercial vehicle fleet owned or operated by that person or that person's
11593 employer;
11594 (C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or
11595 operated by that person or that person's employer; or
11596 (D) a retail tire business owned or operated by that person or that person's employer;
11597 (ii) a solid waste collector operating under a license issued by a unit of local
11598 government as defined in Section [
11599 (iii) a recycler of waste tires;
11600 (iv) a person transporting tires by rail as a common carrier subject to federal regulation;
11601 or
11602 (v) a person transporting processed or chipped tires.
11603 Section 247. Section 19-6-806 is amended to read:
11604 19-6-806. Registration of waste tire transporters and recyclers.
11605 (1) (a) The executive secretary shall register each applicant for registration to act as a
11606 waste tire transporter if the applicant meets the requirements of this section.
11607 (b) An applicant for registration as a waste tire transporter shall:
11608 (i) submit an application in a form prescribed by the executive secretary;
11609 (ii) pay a fee as determined by the board under Section [
11610 (iii) provide the name and business address of the operator;
11611 (iv) provide proof of liability insurance or other form of financial responsibility in an
11612 amount determined by board rule, but not more than $300,000, for any liability the waste tire
11613 transporter may incur in transporting waste tires; and
11614 (v) meet requirements established by board rule.
11615 (c) The holder of a registration under this section shall advise the executive secretary in
11616 writing of any changes in application information provided to the executive secretary within 20
11617 days of the change.
11618 (d) If the executive secretary has reason to believe a waste tire transporter has disposed
11619 of tires other than as allowed under this part, the executive secretary shall conduct an
11620 investigation and, after complying with the procedural requirements of [
11621 Title 63G, Chapter 4, Administrative Procedures Act, may revoke the registration.
11622 (2) (a) The executive secretary shall register each applicant for registration to act as a
11623 waste tire recycler if the applicant meets the requirements of this section.
11624 (b) An applicant for registration as a waste tire recycler shall:
11625 (i) submit an application in a form prescribed by the executive secretary;
11626 (ii) pay a fee as determined by the board under Section [
11627 (iii) provide the name and business address of the operator of the recycling business;
11628 (iv) provide proof of liability insurance or other form of financial responsibility in an
11629 amount determined by board rule, but not more than $300,000, for any liability the waste tire
11630 recycler may incur in storing and recycling waste tires;
11631 (v) engage in activities as described under the definition of recycler in Section
11632 19-6-803 ; and
11633 (vi) meet requirements established by board rule.
11634 (c) The holder of a registration under this section shall advise the executive secretary in
11635 writing of any changes in application information provided to the executive secretary within 20
11636 days of the change.
11637 (d) If the executive secretary has reason to believe a waste tire recycler has falsified any
11638 information provided in an application for partial reimbursement under this section, the
11639 executive secretary shall, after complying with the procedural requirements of [
11640
11641 (3) The board shall establish a uniform fee for registration which shall be imposed by
11642 any unit of local government or local health department that requires a registration fee as part
11643 of the registration of waste tire transporters or waste tire recyclers.
11644 Section 248. Section 19-6-818 is amended to read:
11645 19-6-818. Local health department rules.
11646 (1) In accordance with Section 26A-1-121 , the local health department shall make
11647 regulations to:
11648 (a) develop an application form; and
11649 (b) establish the procedure to apply for reimbursement.
11650 (2) In accordance with [
11651 Administrative Rulemaking Act, the commission shall make rules to implement this part.
11652 (3) The local health departments shall take into consideration the removal schedule of
11653 tire transporters or recyclers in a geographical area when making regulations governing the
11654 storage of waste tires at any business that generates waste tires, pending removal of those waste
11655 tires for recycling.
11656 Section 249. Section 19-6-819 is amended to read:
11657 19-6-819. Powers and duties of the board.
11658 (1) The board shall make rules under [
11659 Utah Administrative Rulemaking Act, as necessary to administer this part. For these purposes
11660 the board shall establish by rule:
11661 (a) conditions and procedures for acting to issue or revoke a registration as a waste tire
11662 recycler or transporter under Section 19-6-806 ;
11663 (b) the amount of liability insurance or other financial responsibility the applicant is
11664 required to have to qualify for registration under Section 19-6-806 , which amount may not be
11665 more than $300,000 for any liability the waste tire transporter or recycler may incur in
11666 recycling or transporting waste tires;
11667 (c) the form and amount of financial assurance required for a site or facility used to
11668 store waste tires, which amount shall be sufficient to ensure the cleanup or removal of waste
11669 tires from that site or facility;
11670 (d) standards and required documentation for tracking and record keeping of waste
11671 tires subject to regulation under this part, including:
11672 (i) manifests for handling and transferring waste tires;
11673 (ii) records documenting date, quantities, and size or type of waste tires transported,
11674 processed, transferred, or sold;
11675 (iii) records documenting persons between whom transactions under this Subsection
11676 (1)(d) occurred and the amounts of waste tires involved in those transactions; and
11677 (iv) requiring that documentation under this Subsection (1)(d) be submitted on a
11678 quarterly basis, and that this documentation be made available for public inspection;
11679 (e) authorize inspections and audits of waste tire recycling, transportation, or storage
11680 facilities and operations subject to this part;
11681 (f) standards for payments authorized under Sections 19-6-809 , 19-6-810 , 19-6-811 ,
11682 and 19-6-812 ;
11683 (g) regarding applications to the executive secretary for reimbursements under Section
11684 19-6-811 , the content of the reimbursement application form and the procedure to apply for
11685 reimbursement;
11686 (h) requirements for the storage of waste tires, including permits for storage;
11687 (i) the types of energy recovery or other appropriate environmentally compatible uses
11688 eligible for reimbursement, which:
11689 (i) shall include pyrolization, but not retreading; and
11690 (ii) shall apply to all waste tire recycling and beneficial use reimbursements within the
11691 state;
11692 (j) the applications of waste tires that are not eligible for reimbursement;
11693 (k) the applications of waste tires that are considered to be the storage or disposal of
11694 waste tires; and
11695 (l) provisions governing the storage or disposal of waste tires, including the process for
11696 issuing permits for waste tire storage sites.
11697 (2) The board may:
11698 (a) require retention and submission of the records required under this part;
11699 (b) require audits of the records and record keeping procedures required under this part
11700 and rules made under this part, except that audits of records regarding the fee imposed and
11701 collected by the commission under Sections 19-6-805 and 19-6-808 are the responsibility of the
11702 commission; and
11703 (c) as necessary, make rules requiring additional information as the board determines
11704 necessary to effectively administer Section 19-6-812 , which rules may not place an undue
11705 burden on the operation of landfills.
11706 Section 250. Section 19-6-821 is amended to read:
11707 19-6-821. Violations -- Civil proceedings and penalties -- Orders.
11708 (1) A person who violates any provision of this part or any order, permit, plan
11709 approval, or rule issued or adopted under this part is subject to a civil penalty of not more than
11710 $10,000 per day for each day of violation as determined in a civil hearing under [
11711
11712 (a) any violation of Subsection 19-6-804 (1) or (3), regarding landfills, is subject to the
11713 penalty under Subsection 19-6-804 (4) rather than the penalties under this section; and
11714 (b) any violation of Subsection 19-6-808 (1), (2), or (3) regarding payment of the
11715 recycling fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808 (4)
11716 rather than the penalties under this section.
11717 (2) The board may bring an action in the name of the state to restrain a person from
11718 continuing a violation of this part and to require the person to perform necessary remediation
11719 regarding a violation of this part.
11720 (3) When the executive secretary finds a situation exists in violation of this part that
11721 presents an immediate threat to the public health or welfare, the executive secretary may issue
11722 an emergency order under [
11723 Procedures Act.
11724 (4) The executive secretary may revoke the registration of a waste tire recycler or
11725 transporter who violates any provision of this part or any order, plan approval, permit, or rule
11726 issued or adopted under this part.
11727 (5) The executive secretary may revoke the tire storage permit for a storage facility that
11728 is in violation of any provision of this part or any order, plan approval, permit, or rule issued or
11729 adopted under this part.
11730 (6) If a person has been convicted of violating a provision of this part prior to a finding
11731 by the executive secretary of a violation of the same provision in an administrative hearing, the
11732 executive secretary may not assess a civil monetary penalty under this section for the same
11733 offense for which the conviction was obtained.
11734 (7) All penalties collected under this section shall be deposited in the fund.
11735 Section 251. Section 19-6-906 is amended to read:
11736 19-6-906. Decontamination standards -- Specialist certification standards --
11737 Rulemaking.
11738 (1) The Department of Health shall make rules under [
11739 Chapter 3, Utah Administrative Rulemaking Act, in consultation with the local health
11740 departments and the Department of Environmental Quality, to establish:
11741 (a) decontamination and sampling standards and best management practices for the
11742 inspection and decontamination of property and the disposal of contaminated debris under this
11743 part;
11744 (b) appropriate methods for the testing of buildings and interior surfaces, and
11745 furnishings, soil, and septic tanks for contamination; and
11746 (c) when testing for contamination may be required.
11747 (2) The Department of Environmental Quality Solid and Hazardous Waste Control
11748 Board shall make rules under [
11749 Administrative Rulemaking Act, in consultation with the Department of Health and local
11750 health departments, to establish within the Department of Environmental Quality Division of
11751 Environmental Response and Remediation:
11752 (a) certification standards for any private person, firm, or entity involved in the
11753 decontamination of contaminated property; and
11754 (b) a process for revoking the certification of a decontamination specialist who fails to
11755 maintain the certification standards.
11756 (3) All rules made under this part shall be consistent with other state and federal
11757 requirements.
11758 (4) The board has authority to enforce the provisions under Subsection (2).
11759 Section 252. Section 19-6-1003 is amended to read:
11760 19-6-1003. Board and executive secretary powers.
11761 (1) By following the procedures and requirements of [
11762 Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules:
11763 (a) governing administrative proceedings under this part;
11764 (b) specifying the terms and conditions under which the executive secretary shall
11765 approve, disapprove, revoke, or review a plan submitted by a manufacturer; and
11766 (c) governing reports and educational materials required by this part.
11767 (2) These rules shall include:
11768 (a) time requirements for plan submission, review, approval, and implementation;
11769 (b) a public notice and comment period for a proposed plan; and
11770 (c) safety standards for the collection, packaging, transportation, storage, recycling, and
11771 disposal of mercury switches.
11772 (3) The board may request the attorney general to bring an action for injunctive relief
11773 and enforcement of this part, including, without limitation, imposition of the penalty provided
11774 in Section 19-6-1006 .
11775 (4) As authorized by the board, the executive secretary may:
11776 (a) review and approve or disapprove plans, specifications, or other data related to
11777 mercury switch removal;
11778 (b) enforce a rule by issuing a notice, an order, or both, which may be subsequently
11779 amended or revoked by the board; and
11780 (c) initiate an administrative action to compel compliance with this part and any rules
11781 adopted under this part.
11782 (5) The executive secretary shall establish a fee to cover the costs of a plan's review by
11783 following the procedures and requirements of Section [
11784 Section 253. Section 19-7-103 is amended to read:
11785 19-7-103. Definitions.
11786 As used in this chapter:
11787 (1) "Administrative proceeding" means an adjudicatory proceeding conducted by the
11788 department or other government entity with authority to enforce any environmental law,
11789 including any notice of violation proceeding, any department proceeding listed in Section
11790 19-1-305 , or any proceeding conducted pursuant to [
11791 4, Administrative Procedures Act.
11792 (2) "Environmental audit report" means any document, information, report, finding,
11793 communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion,
11794 whether in preliminary, draft, or final form, prepared as the result of or in response to an
11795 environmental self-evaluation.
11796 (3) "Environmental law" means any requirement contained in this title, or in rules
11797 made under this title, or in any rules, orders, permits, licenses, or closure plans issued or
11798 approved by the department, or in any other provision or ordinance addressing protection of the
11799 environment.
11800 (4) "Environmental self-evaluation" means a self-initiated assessment, audit, or review,
11801 not otherwise expressly required by an environmental law, that is performed to determine
11802 whether a person is in compliance with environmental laws. A person may perform an
11803 environmental self-evaluation through the use of employees or the use of outside consultants.
11804 Section 254. Section 19-7-104 is amended to read:
11805 19-7-104. Unlawful disclosure -- Environmental audit report.
11806 (1) Information that is divulged, disseminated, or otherwise disclosed in violation of
11807 Utah Rules of Evidence, Rule 508, may not be admitted as evidence in an administrative or
11808 judicial proceeding.
11809 (2) If any person, including a department employee or a presiding hearing officer,
11810 divulges or disseminates any part of the information contained in an environmental audit report
11811 and that report is privileged under Utah Rules of Evidence, Rule 508, the privilege is not
11812 waived except as provided under Utah Rules of Evidence, Rule 508(d)(1).
11813 (3) An environmental audit report obtained pursuant to an in camera review is a
11814 protected record for purposes of [
11815 Records Access and Management Act, and a department employee or attorney representing the
11816 department may not disclose the report except in accordance with the provisions of [
11817
11818 Section 255. Section 19-8-112 is amended to read:
11819 19-8-112. Denial of certificate of completion -- Appeal.
11820 (1) If the executive director determines the applicant has not successfully completed a
11821 voluntary cleanup in accordance with an agreement entered into under this chapter, the
11822 executive director shall:
11823 (a) notify the applicant and the current owner of the property that is the subject of the
11824 agreement of the denial of a certificate of completion; and
11825 (b) provide to the applicant a list in writing of the reasons for the denial.
11826 (2) The applicant may appeal the determination of the executive director as provided in
11827 [
11828 Section 256. Section 19-8-117 is amended to read:
11829 19-8-117. Program report and budget allocations -- Fee schedule.
11830 (1) (a) For applications submitted on or after May 5, 1997 through June 30, 1998, the
11831 application fee under this chapter is $2,000.
11832 (b) Regarding applications submitted on and after July 1, 1998, the executive director
11833 shall annually calculate the costs to administer the voluntary cleanup program under this
11834 chapter and shall establish the fees for the program under Section [
11835 (2) All fees under Subsection (1) shall be deposited in the account created under
11836 Section 19-8-103 .
11837 Section 257. Section 19-8-120 is amended to read:
11838 19-8-120. Creation of Brownfields Fund -- Purposes -- Loan and grant eligibility
11839 -- Loan restrictions -- Rulemaking.
11840 (1) As used in this section, "brownfield" has the same meaning as in 42 U.S.C. Sec.
11841 9601(39).
11842 (2) There is created an enterprise fund known as the Brownfields Fund.
11843 (3) The fund is created to enable the state to use federal funding as available to provide
11844 capital for a revolving loan fund and to provide funds for grants to carry out cleanup activities
11845 at brownfield sites.
11846 (4) The sources of fund monies are:
11847 (a) federal grant monies;
11848 (b) principal and interest received from the repayment of loans made under this
11849 section; and
11850 (c) all investment income derived from fund monies.
11851 (5) The executive director may make loans and grants in accordance with this section
11852 from the fund to applicants who meet the criteria under the terms of the federal grant monies in
11853 the fund.
11854 (6) The executive director shall consider loan and grant applications under Subsection
11855 (5) to determine whether the application meets the objectives established by the federal grant.
11856 (7) Loans made under this section shall:
11857 (a) be for no greater amount than allowed by the federal grant;
11858 (b) have a fixed annual interest rate as allowed by the federal grant;
11859 (c) have a term as allowed by the federal grant;
11860 (d) be made on the condition the loan applicant obtains adequate security for the loan
11861 as established by administrative rules made under Subsection (9); and
11862 (e) comply with administrative rules made under Subsection (9).
11863 (8) Grants made under this section shall:
11864 (a) be for no greater amount than allowed by the federal grant; and
11865 (b) comply with administrative rules made under Subsection (9).
11866 (9) In accordance with [
11867 Administrative Rulemaking Act, the executive director shall make rules establishing:
11868 (a) form, content, and procedure for loan and grant applications;
11869 (b) criteria and procedures for prioritizing loan and grant applications;
11870 (c) requirements and procedures for securing loans and grants;
11871 (d) procedures for making the loans;
11872 (e) procedures for administering and ensuring repayment of loans, including late
11873 payment penalties; and
11874 (f) procedures for recovering on defaulted loans.
11875 (10) The decisions of the executive director in loaning money from the fund, making
11876 grants, and otherwise administering the fund are not subject to [
11877 63G, Chapter 4, Administrative Procedures Act.
11878 (11) Funding for the cost of administration of the fund shall be consistent with the
11879 terms of the federal grant.
11880 (12) The executive director may enter into agreements with public entities or private
11881 funding organizations to perform any task associated with administration of the fund.
11882 Section 258. Section 19-9-105 is amended to read:
11883 19-9-105. Powers of authority.
11884 The authority is a body corporate and politic that may:
11885 (1) sue and be sued in its own name;
11886 (2) have a seal and alter the seal at will;
11887 (3) borrow money and issue obligations, including refunding obligations, and provide
11888 for the rights of holders of those obligations;
11889 (4) establish hazardous waste treatment, disposal, or storage surcharge schedules for
11890 facilities operated by, or under authority of, the authority, and require all private facility
11891 operators who contract with the authority to collect fees for all hazardous waste received for
11892 treatment, disposal, or storage by those private facilities;
11893 (5) promulgate rules pursuant to [
11894 Administrative Rulemaking Act, governing the exercise of its powers and fulfillment of its
11895 purposes;
11896 (6) enter into contracts and leases and execute all instruments necessary, convenient, or
11897 desirable;
11898 (7) acquire, purchase, hold, lease, use, or dispose of any property or any interest in
11899 property that is necessary, convenient, or desirable to carry out the purposes of this chapter, and
11900 sell, lease, transfer, and dispose of any property or interest in property at any time required in
11901 the exercise of its power, including, but not limited to, the sale, transfer, or disposal of any
11902 materials, substances, or sources or forms of energy derived from any activity engaged in by
11903 the authority;
11904 (8) contract with experts, advisers, consultants, and agents for needed services;
11905 (9) appoint officers and employees required for the performance of its duties, and fix
11906 and determine their qualifications and duties;
11907 (10) make, or contract for, plans, surveys, and studies necessary, convenient, or
11908 desirable to effectuate its purposes and powers and prepare any recommendations with respect
11909 to those plans, surveys, or studies;
11910 (11) receive and accept aid or contributions from any source, including the United
11911 States or the state, in the form of money, property, labor, or other things of value to be held,
11912 used, and applied to carry out the purposes of this chapter, subject to the conditions imposed
11913 upon that aid or contributions consistent with this chapter;
11914 (12) enter into agreements with any department, agency, or instrumentality of the
11915 United States or this state, or any financial institution, or contractor for the purpose of leasing
11916 and operating any facility;
11917 (13) consent to the modification of any obligation with the holder of that obligation, to
11918 the extent permitted by the obligation, relating to rates of interest or to the time and payment of
11919 any installment of principal or interest, or to the modification of any other contract, mortgage,
11920 mortgage loan, mortgage loan commitment, or agreement of any kind to which it is a party;
11921 (14) pledge revenues from any hazardous waste treatment, disposal, and storage facility
11922 to secure payment of any obligations relating to that facility, including interest on, and
11923 redemption of, those obligations;
11924 (15) execute or cause to be executed, mortgages, trust deeds, indentures, pledge
11925 agreements, assignments, security agreements, and financing statements that encumber
11926 property acquired, constructed, reconstructed, renovated, or repaired with the proceeds from the
11927 sale of such obligations;
11928 (16) exercise the power of eminent domain;
11929 (17) do all other things necessary to comply with the requirements of 42 U.S.C.
11930 Sections 6901-6986, the Resource Conservation and Recovery Act of 1976, and this part;
11931 (18) contract for the construction, operation, and maintenance of hazardous waste
11932 treatment, storage, and disposal facilities, including plants, works, instrumentalities, or parts
11933 thereof, for the collection, conveyance, treatment, exchange, storage, and disposal of hazardous
11934 waste, subject to approval by the board; and
11935 (19) exercise any other powers or duties necessary or appropriate to carry out and
11936 effectuate this chapter.
11937 Section 259. Section 19-10-108 is amended to read:
11938 19-10-108. Appeals of institutional control decisions.
11939 Any determination by the executive director under this chapter may be appealed as
11940 provided in [
11941 Section 260. Section 19-11-101 , which is renumbered from Section 63-41-1 is
11942 renumbered and amended to read:
11943
11944
11945 [
11946 This [
11947 Nuclear Compact."
11948 Section 261. Section 19-11-102 , which is renumbered from Section 63-41-2 is
11949 renumbered and amended to read:
11950 [
11951 As used in this act:
11952 (1) The words "the compact" or "this compact" mean the Western Interstate Nuclear
11953 Compact.
11954 (2) The words "the board" mean the Western Interstate Nuclear Board.
11955 Section 262. Section 19-11-201 , which is renumbered from Section 63-41-3 is
11956 renumbered and amended to read:
11957
11958 [
11959 The Western Interstate Nuclear Compact is hereby enacted into law in the state of Utah
11960 and entered into with all other states legally joining therein, in the form substantially as
11961 follows:
11962
11963 The party states recognize that the proper employment of scientific and technological
11964 discoveries and advances in nuclear and related fields and direct and collateral application and
11965 adaptation of processes and techniques developed in connection therewith, properly correlated
11966 with the other resources of the region, can assist substantially in the industrial progress of the
11967 West and the further development of the economy of the region. They also recognize that
11968 optimum benefit from nuclear and related scientific or technological resources, facilities and
11969 skills requires systematic encouragement, guidance, assistance, and promotion from the party
11970 states on a co-operative basis. It is the policy of the party states to undertake such co-operation
11971 on a continuing basis. It is the purpose of this compact to provide the instruments and
11972 framework for such a co-operative effort in nuclear and related fields, to enhance the economy
11973 of the West and contribute to the individual and community well-being and the region's people.
11974
11975 (a) There is hereby created an agency of the party states to be known as the Western
11976 Interstate Nuclear Board. The board shall be composed of one member from each party state
11977 designated or appointed in accordance with the law of the state which [
11978 represents and serving and subject to removal in accordance with such law. Any member of the
11979 board may provide for the discharge of [
11980 the member's functions thereon (either for the duration of [
11981 for any lesser period of time) by a deputy or assistant, if the laws of [
11982 make specific provisions therefor. The federal government may be represented without vote if
11983 provision is made by federal law for such representation.
11984 (b) The board members of the party states shall each be entitled to one vote on the
11985 board. No action of the board shall be binding unless taken at a meeting at which a majority of
11986 all members representing the party states are present and unless a majority of the total number
11987 of votes on the board are cast in favor thereof.
11988 (c) The board shall have a seal.
11989 (d) The board shall elect annually, from among its members, a chairman, a
11990 vice-chairman, and treasurer. The board shall appoint and fix the compensation of an executive
11991 director who shall serve at its pleasure and who shall also act as secretary, and who, together
11992 with the treasurer, and such other personnel as the board may direct, shall be bonded in such
11993 amounts as the board may require.
11994 (e) The executive director, with the approval of the board, shall appoint and remove or
11995 discharge such personnel as may be necessary for the performance of the board's functions
11996 irrespective of the civil service, personnel or other merit system laws of any of the party states.
11997 (f) The board may establish and maintain, independently or in conjunction with any
11998 one or more of the party states, or its institutions or subdivisions, a suitable retirement system
11999 for its full-time employees. Employees of the board shall be eligible for social security
12000 coverage in respect of old age and survivors insurance provided that the board takes such steps
12001 as may be necessary pursuant to federal law to participate in such program of insurance as a
12002 governmental agency or unit. The board may establish and maintain or participate in such
12003 additional programs of employee benefits as may be appropriate.
12004 (g) The board may borrow, accept, or contract for the services of personnel from any
12005 state or the United States or any subdivision or agency thereof, from any interstate agency, or
12006 from any institution, person, firm or corporation.
12007 (h) The board may accept for any of its purposes and functions under this compact any
12008 and all donations, and grants of money, equipment, supplies, materials and services
12009 (conditional or otherwise) from any state or the United States or any subdivision or agency
12010 thereof, or interstate agency, or from any institution, person, firm, or corporation, and may
12011 receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant
12012 upon any donation or grant accepted pursuant to this paragraph or upon any borrowing
12013 pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or
12014 lender, shall be detailed in the annual report of the board.
12015 (i) The board may establish and maintain such facilities as may be necessary for the
12016 transacting of its business. The board may acquire, hold, and convey real and personal property
12017 and any interest therein.
12018 (j) The board shall adopt bylaws, rules, and regulations for the conduct of its business,
12019 and shall have the power to amend and rescind these bylaws, rules, and regulations. The board
12020 shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof,
12021 and shall also file a copy of any amendment thereto, with the appropriate agency or officer in
12022 each of the party states.
12023 (k) The board annually shall make to the governor of each party state, a report covering
12024 the activities of the board for the preceding year, and embodying such recommendations as
12025 may have been adopted by the board, which report shall be transmitted to the legislature of said
12026 state. The board may issue such additional reports as it may deem desirable.
12027
12028 (a) The board shall submit to the governor or designated officer or officers of each
12029 party state a budget of its estimated expenditures for such period as may be required by the
12030 laws of that jurisdiction for presentation to the legislature thereof.
12031 (b) Each of the board's budgets of estimated expenditures shall contain specific
12032 recommendations of the amount or amounts to be appropriated by each of the party states. Each
12033 of the board's requests for appropriations pursuant to a budget of estimated expenditures shall
12034 be apportioned equally among the party states. Subject to appropriation by their respective
12035 legislatures, the board shall be provided with such funds by each of the party states as are
12036 necessary to provide the means of establishing and maintaining facilities, a staff of personnel,
12037 and such activities as may be necessary to fulfill the powers and duties imposed upon and
12038 entrusted to the board.
12039 (c) The board may meet any of its obligations in whole or in part with funds available
12040 to it under Article II(h) of this compact, provided that the board takes specific action setting
12041 aside such funds prior to the incurring of any obligation to be met in whole or in part in this
12042 manner. Except where the board makes use of funds available to it under Article II(h) hereof,
12043 the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions
12044 adequate to meet the same.
12045 (d) Any expenses and any other costs for each member of the board in attending board
12046 meetings shall be met by the board.
12047 (e) The board shall keep accurate accounts of all receipts and disbursements. The
12048 receipts and disbursements of the board shall be subject to the audit and accounting procedures
12049 established under its bylaws. However, all receipts and disbursements of funds handled by the
12050 board shall be audited yearly by a certified or licensed public accountant and the report of the
12051 audit shall be included in and become a part of the annual report of the board.
12052 (f) The accounts of the board shall be open at any reasonable time for inspection to
12053 persons authorized by the board, and duly designated representatives of governments
12054 contributing to the board's support.
12055
12056 The board may establish such advisory and technical committees as it may deem
12057 necessary, membership on which may include but not be limited to private citizens, expert and
12058 lay personnel, representatives of industry, labor, commerce, agriculture, civic associations,
12059 medicine, education, voluntary health agencies, and officials of local, state and federal
12060 government, and may co-operate with and use the services of any such committees and the
12061 organizations which they represent in furthering any of its activities under this compact.
12062
12063 The board shall have power to:
12064 (a) Encourage and promote co-operation among the party states in the development and
12065 utilization of nuclear and related technologies and their application to industry and other fields.
12066 (b) Ascertain and analyze on a continuing basis the position of the West with respect to
12067 the employment in industry of nuclear and related scientific findings and technologies.
12068 (c) Encourage the development and use of scientific advances and discoveries in
12069 nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations
12070 of scientific and technological advances and discoveries.
12071 (d) Collect, correlate, and disseminate information relating to the peaceful uses of
12072 nuclear energy, materials, and products, and other products and processes resulting from the
12073 application of related science and technology.
12074 (e) Encourage the development and use of nuclear energy, facilities, installations, and
12075 products as part of a balanced economy.
12076 (f) Conduct, or co-operate in conducting, programs of training for state and local
12077 personnel engaged in any aspects of:
12078 1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.
12079 2. Applying nuclear scientific advances or discoveries, and any industrial, commercial
12080 or other processes resulting therefrom.
12081 3. The formulation or administration of measures designed to promote safety in any
12082 matter related to the development, use or disposal of nuclear energy, materials, products,
12083 by-products, installations, or wastes, or to safety in the production, use and disposal of any
12084 other substances peculiarly related thereto.
12085 (g) Organize and conduct, or assist and co-operate in organizing and conducting,
12086 demonstrations or research in any of the scientific, technological or industrial fields to which
12087 this compact relates.
12088 (h) Undertake such nonregulatory functions with respect to non-nuclear sources of
12089 radiation as may promote the economic development and general welfare of the West.
12090 (i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations,
12091 and administrative practices in or related to nuclear fields.
12092 (j) Recommend such changes in, or amendments or additions to the laws, codes, rules,
12093 regulations, administrative procedures and practices or local laws or ordinances of the party
12094 states or their subdivisions in nuclear and related fields, as in its judgment may be appropriate.
12095 Any such recommendations shall be made through the appropriate state agency, with due
12096 consideration of the desirability of uniformity but shall also give appropriate weight to any
12097 special circumstances which may justify variations to meet local conditions.
12098 (k) Consider and make recommendations designed to facilitate the transportation of
12099 nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related
12100 substances, in such manner and under such conditions as will make their availability or
12101 disposal practicable on an economic and efficient basis.
12102 (l) Consider and make recommendations with respect to the assumption of and
12103 protection against liability actually or potentially incurred in any phase of operations in nuclear
12104 and related fields.
12105 (m) Advise and consult with the federal government concerning the common position
12106 of the party states or assist party states with regard to individual problems where appropriate in
12107 respect to nuclear and related fields.
12108 (n) Cooperate with the Atomic Energy Commission, the National Aeronautics and
12109 Space Administration, the Office of Science and Technology, or any agencies successor
12110 thereto, and other officer or agency of the United States, and any other governmental unit or
12111 agency or officer thereof, and with any private persons or agencies in any of the fields of its
12112 interest.
12113 (o) Act as licensee, contractor or subcontractor of the United States Government or any
12114 party state with respect to the conduct of any research activity requiring such license or contract
12115 and operate such research facility or undertake any program pursuant thereto, provided that this
12116 power shall be exercised only in connection with the implementation of one or more other
12117 powers conferred upon the board by this compact.
12118 (p) Prepare, publish and distribute (with or without charge) such reports, bulletins,
12119 newsletters or other materials as it deems appropriate.
12120 (q) Ascertain from time to time such methods, practices, circumstances, and conditions
12121 as may bring about the prevention and control of nuclear incidents in the area comprising the
12122 party states, to co-ordinate the nuclear incident prevention and control plans and the work
12123 relating thereto of the appropriate agencies of the party states and to facilitate the rendering of
12124 aid by the party states to each other in coping with nuclear incidents.
12125 The board may formulate and, in accordance with need from time to time, revise a
12126 regional plan or regional plans for coping with nuclear incidents within the territory of the party
12127 states as a whole or within any subregion or subregions of the geographic area covered by this
12128 compact.
12129 Any nuclear incident plan in force pursuant to this paragraph shall designate the official
12130 or agency in each party state covered by the plan who shall co-ordinate requests for aid
12131 pursuant to Article VI of this compact and the furnishing of aid in response thereto.
12132 Unless the party states concerned expressly otherwise agree, the board shall not
12133 administer the summoning and dispatching of aid, but this function shall be undertaken directly
12134 by the designated agencies and officers of the party states.
12135 However, the plan or plans of the board in force pursuant to this paragraph shall
12136 provide for reports to the board concerning the occurrence of nuclear incidents and the requests
12137 for aid on account thereof, together with summaries of the actual working and effectiveness of
12138 mutual aid in particular instances.
12139 From time to time, the board shall analyze the information gathered from reports of aid
12140 pursuant to Article VI and such other instances of mutual aid as may have come to its attention,
12141 so that experience in the rendering of such aid may be available.
12142 (r) Prepare, maintain, and implement a regional plan or regional plans for carrying out
12143 the duties, powers, or functions conferred upon the board by this compact.
12144 (s) Undertake responsibilities imposed or necessarily involved with regional
12145 participation pursuant to such co-operative programs of the federal government as are useful in
12146 connection with the fields covered by this compact.
12147
12148 (a) Whenever a party state, or any state or local governmental authorities therein,
12149 request aid from any other party state pursuant to this compact in coping with a nuclear
12150 incident, it shall be the duty of the requested state to render all possible aid to the requesting
12151 state which is consonant with the maintenance of protection of its own people.
12152 (b) Whenever the officers or employees of any party state are rendering outside aid
12153 pursuant to the request of another party state under this compact, the officers or employees of
12154 such state shall, under the direction of the authorities of the state to which they are rendering
12155 aid, have the same powers, duties, rights, privileges and immunities as comparable officers and
12156 employees of the state to which they are rendering aid.
12157 (c) No party state or its officers or employees rendering outside aid pursuant to this
12158 compact shall be liable on account of any act or omission on their part while so engaged, or on
12159 account of the maintenance or use of any equipment or supplies in connection therewith.
12160 (d) All liability that may arise either under the laws of the requesting state or under the
12161 laws of the aiding state or under the laws of a third state on account of or in connection with a
12162 request for aid, shall be assumed and borne by the requesting state.
12163 (e) Any party state rendering outside aid pursuant to this compact shall be reimbursed
12164 by the party state receiving such aid for any loss or damage to, or expense incurred in the
12165 operation of any equipment answering a request for aid, and for the cost of all materials,
12166 transportation, wages, salaries and maintenance of officers, employees and equipment incurred
12167 in connection with such requests: provided that nothing herein contained shall prevent any
12168 assisting party state from assuming such loss, damage, expense or other cost or from loaning
12169 such equipment or from donating such services to the receiving party state without charge or
12170 cost.
12171 (f) Each party state shall provide for the payment of compensation and death benefits
12172 to injured officers and employees and the representatives of deceased officers and employees in
12173 case officers or employees sustain injuries or death while rendering outside aid pursuant to this
12174 compact, in the same manner and on the same terms as if the injury or death were sustained
12175 within the state by or in which the officer or employee was regularly employed.
12176
12177 (a) To the extent that the board has not undertaken an activity or project which would
12178 be within its power under the provisions of Article V of this compact, any two or more of the
12179 party states (acting by their duly constituted administrative officials) may enter into
12180 supplementary agreements for the undertaking and continuance of such an activity or project.
12181 Any such agreement shall specify the purpose or purposes; its duration and the procedure for
12182 termination thereof or withdrawal therefrom; the method of financing and allocating the costs
12183 of the activity or project; and such other matters as may be necessary or appropriate.
12184 No such supplementary agreement entered into pursuant to this article shall become
12185 effective prior to its submission to and approval by the board. The board shall give such
12186 approval unless it finds that the supplementary agreement or activity or project contemplated
12187 thereby is inconsistent with the provisions of this compact or a program or activity conducted
12188 by or participated in by the board.
12189 (b) Unless all of the party states participate in a supplementary agreement, any cost or
12190 costs thereof shall be borne separately by the states party thereto. However, the board may
12191 administer or otherwise assist in the operation of any supplementary agreement.
12192 (c) No party to a supplementary agreement entered into pursuant to this article shall be
12193 relieved thereby of any obligation or duty assumed by said party state under or pursuant to this
12194 compact, except that timely and proper performance of such obligation or duty by means of the
12195 supplementary agreement may be offered as performance pursuant to the compact.
12196 (d) The provisions to this Article shall apply to supplementary agreements and
12197 activities thereunder, but shall not be construed to repeal or impair any authority which officers
12198 or agencies of party states may have pursuant to other laws to undertake cooperative
12199 arrangements or projects.
12200
12201 Nothing in this compact shall be construed to:
12202 (a) Permit or require any person or other entity to avoid or refuse compliance with any
12203 law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter
12204 made, enacted or in force.
12205 (b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy
12206 Commission, any agency successor thereto, or any other federal department, agency or officer
12207 pursuant to and in conformity with any valid and operative act of Congress; nor limit, diminish,
12208 affect, or otherwise impair, jurisdiction exercised by any officer or agency of a party state,
12209 except to the extent that the provisions of this compact may provide therefor.
12210 (c) Alter the relations between and respective internal responsibilities of the
12211 government of a party state and its subdivisions.
12212 (d) Permit or authorize the board to own or operate any facility, reactor, or installation
12213 for industrial or commercial purposes.
12214
12215
12216 (a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho,
12217 Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to
12218 become party to this compact.
12219 (b) As to any eligible party state, this compact shall become effective when its
12220 legislature shall have enacted the same into law: provided, that it shall not become initially
12221 effective until enacted into law by five states.
12222 (c) Any party state may withdraw from this compact by enacting a statute repealing the
12223 same, but no such withdrawal shall take effect until two years after the governor of the
12224 withdrawing state has given notice in writing of the withdrawal to the governors of all other
12225 party states. No withdrawal shall affect any liability already incurred by or chargeable to a party
12226 state prior to the time of such withdrawal.
12227 (d) Guam and American Samoa, or either of them may participate in the compact to
12228 such extent as may be mutually agreed by the board and the duly constituted authorities of
12229 Guam or American Samoa, as the case may be. However, such participation shall not include
12230 the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been
12231 enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction
12232 affected. Neither Guam nor American Samoa shall be entitled to voting participation on the
12233 board, unless it has become a full party to the compact.
12234
12235 The provisions of this compact and of any supplementary agreement entered into
12236 hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or
12237 such supplementary agreement is declared to be contrary to the constitution of any participating
12238 state or of the United States or the applicability thereof to any government, agency, person, or
12239 circumstance is held invalid, the validity of the remainder of this compact or such
12240 supplementary agreement and the applicability thereof to any government, agency, person or
12241 circumstance shall not be affected thereby. If this compact or any supplementary agreement
12242 entered into hereunder shall be held contrary to the constitution of any state participating
12243 therein, the compact or such supplementary agreement shall remain in full force and effect as to
12244 the remaining states and in full force and effect as to the state affected as to all severable
12245 matters. The provisions of this compact and of any supplementary agreement entered into
12246 pursuant thereto shall be liberally construed to effectuate the purposes thereof.
12247 Section 263. Section 19-11-301 , which is renumbered from Section 63-41-4 is
12248 renumbered and amended to read:
12249
12250 [
12251 The member of the board representing the state of Utah shall be designated by the
12252 governor of the state of Utah.
12253 Section 264. Section 19-11-302 , which is renumbered from Section 63-41-5 is
12254 renumbered and amended to read:
12255 [
12256 The alternate required pursuant to Article II(a) of the compact shall be designated by the
12257 board member representing this state and shall serve at [
12258 Section 265. Section 19-11-401 , which is renumbered from Section 63-41-6 is
12259 renumbered and amended to read:
12260
12261 [
12262 Pursuant to Article II(j) of the compact, the board shall file copies of its bylaws and any
12263 amendments thereto with the Division of Archives.
12264 Section 266. Section 20A-1-204 is amended to read:
12265 20A-1-204. Date of special election -- Legal effect.
12266 (1) (a) The governor, Legislature, or the legislative body of a local political subdivision
12267 calling a statewide special election or local special election under Section 20A-1-203 shall
12268 schedule the special election to be held on:
12269 (i) the fourth Tuesday in June; or
12270 (ii) the first Tuesday after the first Monday in November.
12271 (b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative
12272 body of a local political subdivision calling a statewide special election or local special election
12273 under Section 20A-1-203 may not schedule a special election to be held on any other date.
12274 (c) (i) Notwithstanding the requirements of Subsection (1)(b), the legislative body of a
12275 local political subdivision may call a local special election on a date other than those specified
12276 in this section if the legislative body:
12277 (A) determines and declares that there is a disaster, as defined in Section [
12278 63K-3-102 , requiring that a special election be held on a date other than the ones authorized in
12279 statute;
12280 (B) identifies specifically the nature of the disaster, as defined in Section [
12281 63K-3-102 , and the reasons for holding the special election on that other date; and
12282 (C) votes unanimously to hold the special election on that other date.
12283 (ii) The legislative body of a local political subdivision may not call a local special
12284 election for the date established in Title 20A, Chapter 9, Part 8, Western States Presidential
12285 Primary, for Utah's Western States Presidential Primary.
12286 (d) Nothing in this section prohibits:
12287 (i) the governor or Legislature from submitting a matter to the voters at the regular
12288 general election if authorized by law; or
12289 (ii) a local government from submitting a matter to the voters at the regular municipal
12290 election if authorized by law.
12291 (2) (a) Two or more entities shall comply with Subsection (2)(b) if those entities hold a
12292 special election within a county on the same day as:
12293 (i) another special election;
12294 (ii) a regular general election; or
12295 (iii) a municipal general election.
12296 (b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
12297 (i) polling places;
12298 (ii) ballots;
12299 (iii) election officials; and
12300 (iv) other administrative and procedural matters connected with the election.
12301 Section 267. Section 20A-2-104 is amended to read:
12302 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
12303 (1) Every person applying to be registered shall complete a registration form printed in
12304 substantially the following form:
12305 -----------------------------------------------------------------------------------------------------------------
12306
12307 Are you a citizen of the United States of America? Yes No
12308 Will you be 18 years old on or before election day? Yes No
12309 If you checked "no" to either of the above two questions, do not complete this form.
12310 Name of Voter
12311 _________________________________________________________________
12312 First Middle Last
12313 Driver License or Identification Card Number____________________________
12314 State of issuance of Driver License or Identification Card
12315 Date of Birth ______________________________________________________
12316 Street Address of Principal Place of Residence
12317 ____________________________________________________________________________
12318 City County State Zip Code
12319 Telephone Number (optional) _________________________
12320 Last four digits of Social Security Number ______________________
12321 Last former address at which I was registered to vote (if
12322 known)__________________________
12323 ____________________________________________________________________________
12324 City County State Zip Code
12325
12326 Political Party
12327
12328 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
12329 the lieutenant governor under Section 67-1a-2 , with each party's name preceded by a checkbox)
12330 .Unaffiliated (no political party preference) .Other (Please specify)___________________
12331 I do swear (or affirm), subject to penalty of law for false statements, that the
12332 information contained in this form is true, and that I am a citizen of the United States and a
12333 resident of the state of Utah, residing at the above address. I will be at least 18 years old and
12334 will have resided in Utah for 30 days immediately before the next election. I am not a
12335 convicted felon currently incarcerated for commission of a felony.
12336 Signed and sworn
12337 __________________________________________________________
12338 Voter's Signature
12339 _______________(month/day/year).
12340
12341 Name:
12342 Name at birth, if different:
12343 Place of birth:
12344 Date of birth:
12345 Date and place of naturalization (if applicable):
12346 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
12347 citizen and that to the best of my knowledge and belief the information above is true and
12348 correct.
12349 ____________________________
12350 Signature of Applicant
12351 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
12352 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
12353 up to one year in jail and a fine of up to $2,500.
12354 NOTICE: IN ORDER TO BE ALLOWED TO VOTE IN A VOTING PRECINCT FOR THE
12355 FIRST TIME OR TO VOTE DURING THE EARLY VOTING PERIOD BEFORE THE
12356 DATE OF THE ELECTION, YOU MUST PRESENT VALID VOTER IDENTIFICATION
12357 TO THE POLL WORKER BEFORE VOTING AS FOLLOWS:
12358 (1) A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME,
12359 PHOTOGRAPH, AND CURRENT ADDRESS; OR
12360 (2) TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
12361 CURRENT ADDRESS.
12362 FOR OFFICIAL USE ONLY
12363 Type of I.D. ____________________________
12364 Voting Precinct _________________________
12365 Voting I.D. Number _____________________
12366 -------------------------------------------------------------------------------------------------------------------
12367 (2) The county clerk shall retain a copy in a permanent countywide alphabetical file,
12368 which may be electronic or some other recognized system.
12369 (3) (a) Each county clerk shall retain lists of currently registered voters.
12370 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
12371 (c) If there are any discrepancies between the two lists, the county clerk's list is the
12372 official list.
12373 (d) The lieutenant governor and the county clerks may charge the fees established
12374 under the authority of Subsection [
12375 a copy of the list of registered voters.
12376 (4) When political parties not listed on the voter registration form qualify as registered
12377 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
12378 lieutenant governor shall inform the county clerks about the name of the new political party
12379 and direct the county clerks to ensure that the voter registration form is modified to include that
12380 political party.
12381 (5) Upon receipt of a voter registration form from an applicant, the county clerk or the
12382 clerk's designee shall:
12383 (a) review each voter registration form for completeness and accuracy; and
12384 (b) if the county clerk believes, based upon a review of the form, that a person may be
12385 seeking to register to vote who is not legally entitled to register to vote, refer the form to the
12386 county attorney for investigation and possible prosecution.
12387 Section 268. Section 20A-3-304.1 is amended to read:
12388 20A-3-304.1. Election officer to provide voting history information and status.
12389 (1) As used in this section:
12390 (a) "Qualified absentee ballot application" means an absentee ballot application filed
12391 under Section 20A-3-304 from a voter who the election officer determines is eligible to receive
12392 an absentee ballot.
12393 (b) "Voting history record" means the information about the existence and status of
12394 absentee ballot requests required by this section.
12395 (2) (a) Each election officer shall maintain, in the election officer's office, a voting
12396 history record of those voters that have cast a vote by:
12397 (i) absentee ballot; and
12398 (ii) early voting.
12399 (b) The voting history record is a public record under [
12400 Chapter 2, Government Records Access and Management Act.
12401 (3) The election officer shall ensure that the voting history record for each voting
12402 precinct contains:
12403 (a) for absentee voting:
12404 (i) the name and address of each person who has filed a qualified absentee ballot
12405 application;
12406 (ii) the date that the application was received; and
12407 (iii) the current status of each qualified absentee ballot application including
12408 specifically:
12409 (A) the date that the absentee ballot was mailed to the voter; and
12410 (B) the date that the voted absentee ballot was received by the election officer; and
12411 (b) for early voting:
12412 (i) the name and address of each person who has voted during the early voting period;
12413 and
12414 (ii) the date the person's vote was cast.
12415 (4) (a) Notwithstanding the time limits for response to a request for records under
12416 Section [
12417 ordinance, the election officer shall ensure that the information required by this section is
12418 recorded and made available to the public no later than one business day after its receipt in the
12419 election officer's office.
12420 (b) Notwithstanding the fee requirements of Section [
12421 requirements established in any ordinance, the election officer shall make copies of the voting
12422 history record available to the public for the actual cost of production or copying.
12423 Section 269. Section 20A-3-408.5 is amended to read:
12424 20A-3-408.5. Electronic registration and voting by military and overseas citizen
12425 voters in a hostile fire zone -- Procedures for accepting and processing a federal postcard
12426 application form -- Returned ballot.
12427 (1) A military voter, an overseas citizen voter, or other voter covered under the federal
12428 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) shall be allowed to
12429 transmit their federal postcard application form electronically to the county clerk in their
12430 county of residence if the voter is currently deployed in:
12431 (a) a hostile fire zone; or
12432 (b) other area where the mail service is unreliable and not sufficient to accommodate
12433 timely mail service.
12434 (2) A voter covered under Subsection (1), shall file the federal postcard application
12435 form no later than 20 days before the day of the election in accordance with Subsection
12436 20A-3-304 (3)(a)(ii).
12437 (3) Upon receiving a federal postcard application form under this section a county clerk
12438 shall review the federal postcard application form to verify:
12439 (a) compliance with this section; and
12440 (b) that the form has been properly completed and signed.
12441 (4) Upon a determination of compliance under Subsection (3), a county clerk shall:
12442 (a) register the voter, unless the voter is already registered;
12443 (b) process the absentee ballot request; and
12444 (c) electronically transmit a ballot to the voter who filed the federal postcard
12445 application form.
12446 (5) A voter who receives a ballot under this section may transmit the ballot
12447 electronically to the county clerk in their county of residence if the voter:
12448 (a) agrees to waive the right to a secret ballot in accordance with this section; and
12449 (b) affirms in writing that the voter is currently deployed in:
12450 (i) a hostile fire zone; or
12451 (ii) other area where the mail service is unreliable and not sufficient to accommodate
12452 timely mail service.
12453 (6) The electronically transmitted ballot shall be accompanied by the following
12454 statements: "I understand that by electronically transmitting my voted ballot I am voluntarily
12455 waiving my right to a secret ballot. Signature of voter ________________ Date _______"; and
12456 "I affirm that I am currently deployed in a hostile fire zone" or
12457 "I affirm that I am currently deployed in an area where mail service is unreliable and not
12458 sufficient to accommodate timely mail service."
12459 (7) Notwithstanding the provisions of Subsections (5) and (6), the completed ballot
12460 transmitted under this section is considered a private record under [
12461 63G, Chapter 2, Government Records Access and Management Act.
12462 (8) A ballot transmitted under Subsection (5) shall be:
12463 (a) transmitted no later than the date that is one day before the election day in
12464 accordance with Section 20A-3-406 ; and
12465 (b) received by the county clerk before the date of the official canvass in accordance
12466 with Subsection 20A-3-306 (2)(b).
12467 (9) Upon the receipt of an electronically transmitted ballot under this section, a county
12468 clerk shall:
12469 (a) verify the voter's signature from the federal postcard application form and ensure
12470 that it matches the voter's signature on the return ballot;
12471 (b) duplicate the electronically transmitted ballot onto a regular ballot used by the
12472 county for resident voters; and
12473 (c) maintain the electronically transmitted ballot for 22 months in accordance with
12474 Subsection 20A-4-202 (2).
12475 Section 270. Section 20A-9-206 is amended to read:
12476 20A-9-206. Fair campaign practices -- Voluntary pledge -- Pledge is a public
12477 record -- Retention requirements.
12478 (1) Each person seeking to become a candidate for any elective office that is to be
12479 filled at the next election shall be provided with a copy of the pledge of fair campaign
12480 practices.
12481 (2) The pledge shall be in the following form:
12482 "PLEDGE OF FAIR CAMPAIGN PRACTICES
12483 There are basic principles of decency, honesty, and fair play which every candidate for
12484 public office in the State of Utah has a moral obligation to observe and uphold, in order that,
12485 after vigorously contested but fairly conducted campaigns, our citizens may exercise their right
12486 to a free election, and that the will of the people may be fully and clearly expressed on the
12487 issues.
12488 THEREFORE:
12489 I SHALL conduct my campaign openly and publicly, discussing the issues as I see
12490 them, presenting my record and policies with sincerity and frankness, and criticizing, without
12491 fear or favor, the record and policies of my opponents that I believe merit criticism.
12492 I SHALL NOT use nor shall I permit the use of scurrilous attacks on any candidate or
12493 the candidate's immediate family. I shall not participate in or nor shall I permit the use of
12494 defamation, libel, or slander against any candidate or the candidate's immediate family. I shall
12495 not participate in nor shall I permit the use of any other criticism of any candidate or the
12496 candidate's immediate family that I do not believe to be truthful, provable, and relevant to my
12497 campaign.
12498 I SHALL NOT use nor shall I permit the use of any practice that tends to corrupt or
12499 undermine our American system of free elections, or that hinders or prevents the free
12500 expression of the will of the voters, including practices intended to hinder or prevent any
12501 eligible person from registering to vote or voting.
12502 I SHALL NOT coerce election help or campaign contributions for myself or for any
12503 other candidate from my employees or volunteers.
12504 I SHALL immediately and publicly repudiate support deriving from any individual or
12505 group which resorts, on behalf of my candidacy or in opposition to that of an opponent, to
12506 methods in violation of the letter or spirit of this pledge. I shall accept responsibility to take
12507 firm action against any subordinate who violates any provision of this pledge or the laws
12508 governing elections.
12509 I SHALL defend and uphold the right of every qualified American voter to full and
12510 equal participation in the electoral process.
12511 I, the undersigned, candidate for election to public office in the State of Utah, hereby
12512 voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in
12513 accordance with the above principles and practices."
12514 Name: ________________________________
12515 Signature: _____________________________ Date: _________
12516 (3) The filing officer shall print, or cause to be printed, blank forms of the pledge to be
12517 distributed to persons filing a declaration of candidacy.
12518 (4) A pledge that is submitted for filing by a candidate is a public record under [
12519
12520 (5) The filing officer shall:
12521 (a) accept all signed pledges that are submitted for filing; and
12522 (b) retain each filed pledge for public inspection for 30 calendar days after the election.
12523 (6) A candidate may not be required to subscribe to, endorse, or sign the pledge of fair
12524 campaign practices.
12525 Section 271. Section 20A-12-104 is amended to read:
12526 20A-12-104. Procedures governing meetings of judicial nominating commissions.
12527 (1) The Judicial Council shall:
12528 (a) enact rules establishing procedures governing the meetings of the judicial
12529 nominating commissions; and
12530 (b) ensure that those procedures include:
12531 (i) a minimum recruitment period of 30 days and a procedure to extend that period for
12532 an additional 30 days if fewer than nine applications are received for a judicial vacancy;
12533 (ii) standards for maintaining the confidentiality of the applications and related
12534 documents;
12535 (iii) standards governing the release of applicant names before nomination;
12536 (iv) standards for destroying the records of the names of applicants, applications, and
12537 related documents upon completion of the nominating process;
12538 (v) an opportunity for public comment concerning the nominating process,
12539 qualifications for judicial office, and individual applicants;
12540 (vi) evaluation criteria for the selection of judicial nominees;
12541 (vii) procedures for taking summary minutes at nominating commission meetings;
12542 (viii) procedures for simultaneously forwarding the names of nominees to the
12543 governor, the president of the Senate, and the Office of Legislative Research and General
12544 Counsel; and
12545 (ix) standards governing a nominating commissioner's disqualification and inability to
12546 serve.
12547 (2) (a) (i) Except as provided in this Subsection (2)(a)(ii), if a judicial nominating
12548 commission receives 15 or more applications to fill a judicial vacancy, the nominating
12549 commission shall submit at least five names to the governor.
12550 (ii) Notwithstanding Subsection (2)(a)(i), if five applicants do not receive the required
12551 number of votes as specified in Subsection (2)(c) from the nominating commission, the
12552 commission shall submit only the names of applicants that received the required number of
12553 votes, but must submit the names of at least three applicants.
12554 (b) In determining whether or not to submit an applicant's name to the governor, a
12555 commission may not decline to consider an applicant merely because:
12556 (i) the nominating commission had declined to submit that candidate's name to the
12557 governor to fill a previous vacancy;
12558 (ii) a previous nominating commission had declined to submit that candidate's name to
12559 the governor; or
12560 (iii) that nominating commission or a previous nominating commission had submitted
12561 the applicant's name to the governor and the governor selected someone else to fill the vacancy.
12562 (c) The vote required to submit an applicant's name to the governor is as follows:
12563 (i) if all seven members of the nominating commission are present and considering
12564 applicants, a vote in favor of the applicant by four commissioners submits the candidate's name
12565 to the governor;
12566 (ii) if only six members of the nominating commission are present and considering
12567 applicants because one member is unable to attend, has recused himself or is otherwise
12568 disqualified, a vote in favor of the applicant by four commissioners submits the candidate's
12569 name to the governor;
12570 (iii) if only five members of the nominating commission are present and considering
12571 applicants because two members are unable to attend, have recused themselves, or are
12572 otherwise disqualified, a vote in favor of the applicant by three commissioners submits the
12573 candidate's name to the governor; and
12574 (iv) if only four members of the nominating commission are present and considering
12575 applicants because three members are unable to attend, have recused themselves, or are
12576 otherwise disqualified, a vote in favor of the applicant by three commissioners submits the
12577 candidate's name to the governor.
12578 (3) A judicial nominating commission may not nominate a justice or judge who was
12579 not retained by the voters for the office for which the justice or judge was defeated until after
12580 the expiration of that term of office.
12581 (4) Judicial nominating commissions are exempt from the requirements of Title 52,
12582 Chapter 4, Open and Public Meetings Act, and [
12583 Utah Administrative Rulemaking Act.
12584 Section 272. Section 23-14-2.1 is amended to read:
12585 23-14-2.1. Procedures -- Adjudicative proceedings.
12586 The Division of Wildlife Resources shall comply with the procedures and requirements
12587 of [
12588 adjudicative proceedings.
12589 Section 273. Section 23-14-18 is amended to read:
12590 23-14-18. Establishment of seasons, locations, limits, and regulations by Wildlife
12591 Board.
12592 (1) To provide an adequate and flexible system of protection, propagation,
12593 introduction, increase, control, harvest, management, and conservation of protected wildlife in
12594 this state and to provide for the use and development of protected wildlife for public recreation
12595 and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
12596 Board shall determine the circumstances, time, location, means, and the amounts, and numbers
12597 of protected wildlife which may be taken.
12598 (2) The Wildlife Board shall, except as otherwise specified in this code:
12599 (a) fix seasons and shorten, extend, or close seasons on any species of protected
12600 wildlife in any locality, or in the entire state, if the board finds that the action is necessary to
12601 effectuate proper wildlife management and control;
12602 (b) close or open areas to fishing, trapping, or hunting;
12603 (c) establish refuges and preserves;
12604 (d) regulate and prescribe the means by which protected wildlife may be taken;
12605 (e) regulate the transportation and storage of protected wildlife, or their parts, within
12606 the boundaries of the state and the shipment or transportation out of the state;
12607 (f) establish or change bag limits and possession limits;
12608 (g) prescribe safety measures and establish other regulations as may be considered
12609 necessary in the interest of wildlife conservation and the safety and welfare of hunters,
12610 trappers, fishermen, landowners, and the public;
12611 (h) (i) prescribe when licenses, permits, tags, and certificates of registration shall be
12612 required and procedures for their issuance and use; and
12613 (ii) establish forms and fees for licenses, permits, tags, and certificates of registration;
12614 and
12615 (i) prescribe rules and regulations as it may consider necessary to control the use and
12616 harvest of protected wildlife by private associations, clubs, partnerships, or corporations,
12617 provided the rules and regulations do not preclude the landowner from personally controlling
12618 trespass upon the owner's properties nor from charging a fee to trespass for purposes of hunting
12619 or fishing.
12620 (3) The Wildlife Board may allow a season on protected wildlife to commence on any
12621 day of the week except Sunday.
12622 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
12623 of registration in accordance with Section [
12624 Section 274. Section 23-14-21 is amended to read:
12625 23-14-21. Transplants of big game, turkeys, wolves, or sensitive species.
12626 (1) The division may transplant big game, turkeys, wolves, or sensitive species only in
12627 accordance with:
12628 (a) a list of sites for the transplant of a particular species that is prepared and adopted in
12629 accordance with Subsections (2) through (5);
12630 (b) a species management plan, such as a deer or elk management plan adopted under
12631 Section 23-16-7 or a recovery plan for a threatened or endangered species, provided that:
12632 (i) the plan identifies sites for the transplant of the species or the lands or waters the
12633 species are expected to occupy; and
12634 (ii) the public has had an opportunity to comment and make recommendations on the
12635 plan; or
12636 (c) a legal agreement between the state and a tribal government that identifies potential
12637 transplants; and
12638 (d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
12639 (2) The division shall:
12640 (a) consult with the landowner in determining the suitability of a site for the transplant
12641 of a species;
12642 (b) prepare a list of proposed sites for the transplant of species;
12643 (c) provide notification of proposed sites for the transplant of species to:
12644 (i) local government officials having jurisdiction over areas that may be affected by a
12645 transplant; and
12646 (ii) the Resource Development Coordinating Committee created in Section
12647 [
12648 (3) After receiving comments from local government officials and the Resource
12649 Development Coordinating Committee, the division shall submit the list of proposed transplant
12650 sites, or a revised list, to regional advisory councils for regions that may be affected by the
12651 transplants of species.
12652 (4) Each regional advisory council reviewing a list of proposed sites for the transplant
12653 of species may submit recommendations to the Wildlife Board.
12654 (5) The Wildlife Board shall approve, modify, or reject each proposal for the transplant
12655 of a species.
12656 (6) Each list of proposed transplant sites approved by the Wildlife Board shall have a
12657 termination date after which a transplant may not occur.
12658 Section 275. Section 23-16-3.2 is amended to read:
12659 23-16-3.2. Mitigation review panel.
12660 (1) A mitigation review panel may be convened to review the depredation mitigation
12661 plans.
12662 (2) Membership of the mitigation review panel shall consist of:
12663 (a) the division director or the director's designee;
12664 (b) (i) the commissioner of the Department of Agriculture and Food or the
12665 commissioner's designee; or
12666 (ii) a representative of agricultural interests appointed by the commissioner of the
12667 Department of Agriculture and Food; and
12668 (c) a representative of Utah State University Extension Service appointed by the Vice
12669 President and Dean for University Extension.
12670 (3) (a) The division director shall convene a mitigation review panel if:
12671 (i) a landowner or lessee appeals a depredation mitigation plan under Subsection
12672 23-16-3.1 (2)(b)(ii); or
12673 (ii) the division director requests review of a depredation mitigation plan.
12674 (b) Within five business days of an appeal under Subsection 23-16-3.1 (2)(b)(ii) or a
12675 division request for review under Subsection 23-16-3.1 (3)(b), the mitigation review panel shall
12676 review the depredation mitigation plan and approve or modify the plan.
12677 (4) Judicial review of a mitigation review panel action shall be governed by [
12678
12679 Section 276. Section 23-16-4 is amended to read:
12680 23-16-4. Compensation for damage to crops, fences, or irrigation equipment --
12681 Limitations -- Appeals.
12682 (1) The division may provide compensation to claimants for damage caused by big
12683 game to:
12684 (a) cultivated crops from or on cleared and planted land;
12685 (b) fences on private land; or
12686 (c) irrigation equipment on private land.
12687 (2) To be eligible to receive compensation as provided in this section, the claimant:
12688 (a) must notify the division of the damage within 72 hours after the damage is
12689 discovered; and
12690 (b) allow division personnel reasonable access to the property to verify and alleviate
12691 the depredation problem.
12692 (3) (a) The appraisal of the damage shall be made by the claimant and the division as
12693 soon after notification as possible.
12694 (b) In determining damage payment, the division and claimant shall consider:
12695 (i) the extent of damage experienced; and
12696 (ii) any revenue the landowner derives from:
12697 (A) participation in a cooperative wildlife management unit;
12698 (B) use of landowner association permits;
12699 (C) use of mitigation permits; and
12700 (D) charging for hunter access.
12701 (c) In determining how to assess and compensate for damages to cultivated crops, the
12702 division's determination shall be based on the:
12703 (i) full replacement value in the local market of the cultivated crops that actually have
12704 been or will be damaged or consumed by big game animals; and
12705 (ii) cost of delivery of a replacement crop to the location of the damaged crop or other
12706 location that is not farther from the source of the replacement crop.
12707 (d) If the claimant and the division are unable to agree on a fair and equitable damage
12708 payment, they shall designate a third party, consisting of one or more persons familiar with the
12709 crops, fences, or irrigation equipment and the type of game animals doing the damage, to
12710 appraise the damage.
12711 (4) (a) Notwithstanding Section [
12712 compensation that may be provided by the division pursuant to this section and the total cost of
12713 fencing materials provided by the division to prevent crop damage may not exceed the
12714 legislative appropriation for fencing material and compensation for damaged crops, fences, and
12715 irrigation equipment.
12716 (b) (i) Any claim of $1,000 or less may be paid after appraisal of the damage as
12717 provided in Subsection (3), unless the claim brings the total amount of claims submitted by the
12718 claimant in the fiscal year to an amount in excess of $1,000.
12719 (ii) Any claim for damage to irrigation equipment may be paid after appraisal of the
12720 damage as provided in Subsection (3).
12721 (c) (i) Any claim in excess of $1,000, or claim that brings the total amount of claims
12722 submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
12723 as follows:
12724 (A) $1,000 may be paid pursuant to the conditions of this section; and
12725 (B) the amount in excess of $1,000 may not be paid until the total amount of the
12726 approved claims of all the claimants and expenses for fencing materials for the fiscal year are
12727 determined.
12728 (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
12729 Subsection (4)(a), claims in excess of $1,000, or any claim that brings the total amount of a
12730 claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
12731 (5) The division may deny or limit compensation if the claimant:
12732 (a) has failed to exercise reasonable care and diligence to avoid the loss or minimize
12733 the damage; or
12734 (b) has unreasonably restricted hunting on land under the claimant's control or passage
12735 through the land to access public lands for the purpose of hunting, after receiving written
12736 notification from the division of the necessity of allowing such hunting or access to control or
12737 mitigate damage by big game.
12738 (6) (a) The Wildlife Board shall make rules specifying procedures for the appeal of
12739 division actions under this section.
12740 (b) Upon the petition of an aggrieved party to a final division action, the Wildlife
12741 Board may review the action on the record and issue an order modifying or rescinding the
12742 division action.
12743 (c) A qualified hearing examiner may be appointed for purposes of taking evidence and
12744 making recommendations for a board order. The board shall consider the recommendations of
12745 the examiner in making decisions.
12746 (d) Board review of final agency action and judicial review of final board action shall
12747 be governed by [
12748 Section 277. Section 23-19-9 is amended to read:
12749 23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
12750 registration.
12751 (1) As used in this section, "license or permit privileges" means the privilege of
12752 applying for, purchasing, and exercising the benefits conferred by a license or permit issued by
12753 the division.
12754 (2) A hearing officer, appointed by the division, may suspend a person's license or
12755 permit privileges if:
12756 (a) in a court of law, the person:
12757 (i) is convicted of:
12758 (A) violating this title or a rule of the Wildlife Board;
12759 (B) killing or injuring domestic livestock while engaged in an activity regulated under
12760 this title; or
12761 (C) violating Section 76-10-508 while engaged in an activity regulated under this title;
12762 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
12763 contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
12764 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
12765 enters into a diversion agreement which suspends the prosecution of the offense; and
12766 (b) the hearing officer determines the person committed the offense intentionally,
12767 knowingly, or recklessly, as defined in Section 76-2-103 .
12768 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
12769 officer shall consider in determining:
12770 (i) the type of license or permit privileges to suspend; and
12771 (ii) the duration of the suspension.
12772 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
12773 (3)(a) are consistent with Subsections (4), (5), and (6).
12774 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
12775 person's license or permit privileges according to Subsection (2) for a period of time not to
12776 exceed:
12777 (a) seven years for:
12778 (i) a felony conviction;
12779 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
12780 held in abeyance pursuant to a plea in abeyance agreement; or
12781 (iii) being charged with an offense punishable as a felony, the prosecution of which is
12782 suspended pursuant to a diversion agreement;
12783 (b) five years for:
12784 (i) a class A misdemeanor conviction;
12785 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
12786 which plea is held in abeyance pursuant to a plea in abeyance agreement; or
12787 (iii) being charged with an offense punishable as a class A misdemeanor, the
12788 prosecution of which is suspended pursuant to a diversion agreement;
12789 (c) three years for:
12790 (i) a class B misdemeanor conviction;
12791 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
12792 when the plea is held in abeyance according to a plea in abeyance agreement; or
12793 (iii) being charged with an offense punishable as a class B misdemeanor, the
12794 prosecution of which is suspended pursuant to a diversion agreement; and
12795 (d) one year for:
12796 (i) a class C misdemeanor conviction;
12797 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
12798 when the plea is held in abeyance according to a plea in abeyance agreement; or
12799 (iii) being charged with an offense punishable as a class C misdemeanor, the
12800 prosecution of which is suspended according to a diversion agreement.
12801 (5) The hearing officer may double a suspension period established in Subsection (4)
12802 for offenses:
12803 (a) committed in violation of an existing suspension or revocation order issued by the
12804 courts, division, or Wildlife Board; or
12805 (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2 .
12806 (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
12807 or permit privileges for a particular license or permit only once for each single criminal
12808 episode, as defined in Section 76-1-401 .
12809 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
12810 suspension periods of any license or permit privileges of the same type suspended, according to
12811 Subsection (2), may run consecutively.
12812 (c) If a hearing officer suspends, according to Subsection (2), license or permit
12813 privileges of the type that have been previously suspended by a court, a hearing officer, or the
12814 Wildlife Board and the suspension period has not expired, the suspension periods may run
12815 consecutively.
12816 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
12817 applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
12818 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
12819 defined in Section 76-2-103 , violated:
12820 (A) this title;
12821 (B) a rule or order of the Wildlife Board;
12822 (C) the terms of a certificate of registration; or
12823 (D) the terms of a certificate of registration application or agreement; or
12824 (ii) the person, in a court of law:
12825 (A) is convicted of an offense that the hearing officer determines bears a reasonable
12826 relationship to the person's ability to safely and responsibly perform the activities authorized by
12827 the certificate of registration;
12828 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
12829 reasonable relationship to the person's ability to safely and responsibly perform the activities
12830 authorized by the certificate of registration, and the plea is held in abeyance in accordance with
12831 a plea in abeyance agreement; or
12832 (C) is charged with an offense that the hearing officer determines bears a reasonable
12833 relationship to the person's ability to safely and responsibly perform the activities authorized by
12834 the certificate of registration, and prosecution of the offense is suspended in accordance with a
12835 diversion agreement.
12836 (b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
12837 Section 59-23-3 , shall be suspended by a hearing officer, if the hearing officer determines the
12838 holder of the certificates of registration has violated Section 59-23-5 .
12839 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
12840 adjudicative functions provided in this section.
12841 (b) The director may not appoint a division employee who investigates or enforces
12842 wildlife violations.
12843 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
12844 for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
12845 registration.
12846 (b) The courts shall promptly notify the division of any suspension orders or
12847 recommendations entered.
12848 (c) The division, upon receiving notification of suspension from the courts, shall
12849 prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
12850 license, permit, or certification of registration for the duration and of the type specified in the
12851 court order.
12852 (d) The hearing officer shall consider any recommendation made by a sentencing court
12853 concerning suspension before issuing a suspension order.
12854 (10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
12855 benefits conferred by any permit, license, or certificate of registration specified in an order of
12856 suspension while that order is in effect.
12857 (b) Any license possessed or obtained in violation of the order shall be considered
12858 invalid.
12859 (c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.
12860 (11) Before suspension under this section, a person must be:
12861 (a) given written notice of any action the division intends to take; and
12862 (b) provided with an opportunity for a hearing.
12863 (12) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
12864 Board.
12865 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
12866 any written documentation submitted at the hearing.
12867 (c) The Wildlife Board may:
12868 (i) take no action;
12869 (ii) vacate or remand the decision; or
12870 (iii) amend the period or type of suspension.
12871 (13) The division shall suspend and reinstate all hunting, fishing, trapping, and
12872 falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
12873 (14) The Wildlife Board may make rules to implement this section in accordance with
12874 [
12875 Section 278. Section 23-19-38.2 is amended to read:
12876 23-19-38.2. Refunds for armed forces or public health or safety organization
12877 members -- Criteria.
12878 (1) A member of the United States Armed Forces or public health or public safety
12879 organization who is mobilized or deployed on order in the interest of national defense or
12880 emergency and is precluded from using a purchased license, certificate, tag, or permit, may, as
12881 provided in Subsection (2):
12882 (a) receive a refund from the division; and
12883 (b) if the person has drawn a permit, have all opportunities to draw that permit in a
12884 future draw reinstated.
12885 (2) To qualify, the person or a legal representative must:
12886 (a) notify the division within a reasonable amount of time that the person is applying
12887 for a refund;
12888 (b) surrender the license, certificate, tag, or permit to the division; and
12889 (c) furnish satisfactory proof to the division that the person:
12890 (i) is a member of:
12891 (A) the United States Armed Forces;
12892 (B) a public health organization; or
12893 (C) a public safety organization; and
12894 (ii) was precluded from using the license, certificate, tag, or permit as a result of being
12895 called to active duty.
12896 (3) The Wildlife Board may adopt rules in accordance with [
12897 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this
12898 section including allowing retroactive refund to September 11, 2001.
12899 Section 279. Section 23-21-2.3 is amended to read:
12900 23-21-2.3. Review and adoption of management plans.
12901 (1) The division shall submit the draft management plan to the Resource Development
12902 Coordinating Committee created in Section [
12903 created by the division for their review and recommendations.
12904 (2) The division shall submit the draft management plan and any recommendations
12905 received from the Resource Development Coordinating Committee and the Habitat Council to:
12906 (a) the regional advisory council for the wildlife region in which the lands covered by
12907 the management plan are located; and
12908 (b) the regional advisory council for any wildlife region that may be affected by the
12909 management plan.
12910 (3) Each regional advisory council reviewing the draft management plan may make
12911 recommendations to the division director.
12912 (4) The division director has authority to adopt the management plan, adopt the plan
12913 with amendments, or reject the plan.
12914 (5) At the request of the division director or any member of the Wildlife Board, the
12915 Wildlife Board may review a management plan to determine whether the plan is consistent
12916 with board policies.
12917 (6) The division director may amend a management plan in accordance with
12918 recommendations made by the Wildlife Board.
12919 Section 280. Section 23-24-1 is amended to read:
12920 23-24-1. Procedure to obtain compensation for livestock damage done by bear,
12921 mountain lion, or eagle.
12922 (1) As used in this section:
12923 (a) "Damage" means injury or loss to livestock.
12924 (b) "Division" means the Division of Wildlife Resources.
12925 (c) "Livestock" means cattle, sheep, goats, or turkeys.
12926 (2) (a) When livestock are damaged by a bear, mountain lion, or an eagle, the owner
12927 may receive compensation for the fair market value of the damage.
12928 (b) To obtain this compensation, the owner of the damaged livestock shall notify the
12929 division of the damage as soon as possible, but no later than four days after the damage is
12930 discovered.
12931 (c) The owner must notify the division each time any damage is discovered.
12932 (3) The livestock owner shall file a proof of loss form, provided by the division, no
12933 later than 30 days after the original notification of damage was given to the division by the
12934 owner.
12935 (4) (a) (i) The division, with the assistance of the Department of Agriculture and Food
12936 shall:
12937 (A) within 30 days after the owner files the proof of loss form, either accept or deny the
12938 claim for damages; and
12939 (B) subject to Subsections (4)(a)(ii) through (4)(a)(iv), pay all accepted claims to the
12940 extent money appropriated by the Legislature is available for this purpose.
12941 (ii) Money appropriated from the Wildlife Resources Account may be used to provide
12942 compensation for only up to 50% of the fair market value of any damaged livestock.
12943 (iii) Money appropriated from the Wildlife Resources Account may not be used to
12944 provide compensation for livestock damaged by an eagle.
12945 (iv) The division may not pay any eagle damage claim until the division has paid all
12946 accepted mountain lion and bear damage claims for the fiscal year.
12947 (b) The division may not pay mountain lion, bear, or eagle damage claims to a
12948 livestock owner unless the owner has filed a completed livestock form and the appropriate fee
12949 as outlined in Section 4-23-7 for the immediately preceding and current year.
12950 (c) (i) Unless the division denies a claim for the reason identified in Subsection (4)(b),
12951 the owner may appeal the decision to a panel consisting of one person selected by the owner,
12952 one person selected by the division, and a third person selected by the first two panel members.
12953 (ii) The panel shall decide whether the division should pay all of the claim, a portion of
12954 the claim, or none of the claim.
12955 (5) By following the procedures and requirements of [
12956 Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make and enforce
12957 rules to administer and enforce this section.
12958 Section 281. Section 24-1-19 is amended to read:
12959 24-1-19. Crime Reduction Assistance Program.
12960 (1) There is created the Crime Reduction Assistance Program.
12961 (2) The program shall fund crime prevention and law enforcement activities that have
12962 the purpose of:
12963 (a) deterring crime by depriving criminals of the profits and proceeds of their illegal
12964 activities;
12965 (b) weakening criminal enterprises by removing the instrumentalities of crime;
12966 (c) reducing crimes involving substance abuse by supporting the creation,
12967 administration, or operation of drug court programs throughout the state;
12968 (d) encouraging cooperation between local, state, and multijurisdictional law
12969 enforcement agencies;
12970 (e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
12971 proceeds of crime; and
12972 (f) increasing the equitability and accountability of the use of forfeited property used to
12973 assist law enforcement in reducing and preventing crime.
12974 (3) (a) When property is forfeited under this chapter and transferred to the fund, the
12975 Commission on Criminal and Juvenile Justice shall make awards of monies from the fund to
12976 state, local, or multijurisdictional law enforcement agencies or political subdivisions of the
12977 state in compliance with this section and to further the program purposes under Subsection (2).
12978 (b) In granting the awards, the Commission on Criminal and Juvenile Justice shall
12979 ensure that the amount of each award takes into consideration:
12980 (i) the demonstrated needs of the agency;
12981 (ii) the demonstrated ability of the agency to appropriately use the award;
12982 (iii) the degree to which the agency's need is offset through the agency's participation in
12983 federal equitable sharing or through other federal and state grant programs; and
12984 (iv) the agency's cooperation with other state and local agencies and task forces.
12985 (4) Agencies or political subdivisions shall apply for program awards by completing
12986 and submitting forms specified by the Commission on Criminal and Juvenile Justice.
12987 (5) Applying agencies or political subdivisions shall demonstrate compliance with all
12988 reporting and policy requirements applicable under this chapter and under [
12989
12990 potential award recipient.
12991 (6) Recipient law enforcement agencies may only use program award monies after
12992 approval or appropriation by the agency's legislative body, and the award monies are
12993 nonlapsing.
12994 (7) A recipient law enforcement agency or political subdivision shall use program
12995 awards only for law enforcement or controlled substance law enforcement purposes as
12996 described in Subsection (8), and only as these purposes are specified by the agency or political
12997 subdivision in its application for the award.
12998 (8) Permissible law enforcement purposes for which award monies may be used
12999 include:
13000 (a) controlled substance interdiction and enforcement activities;
13001 (b) drug court programs;
13002 (c) activities calculated to enhance future investigations;
13003 (d) law enforcement training that includes:
13004 (i) implementation of the Fourth Amendment of the federal constitution and Utah
13005 Constitution Article I, Section 7, and addresses the protection of the individual's rights of due
13006 process;
13007 (ii) protection of the rights of innocent property holders; and
13008 (iii) the Tenth Amendment of the federal constitution regarding states' sovereignty and
13009 the states' reserved rights;
13010 (e) law enforcement or detention facilities;
13011 (f) law enforcement operations or equipment which are not routine costs or operational
13012 expenses;
13013 (g) drug, gang, or crime prevention education programs which are sponsored in whole
13014 or in part by the law enforcement agency or its legislative body; and
13015 (h) matching funds for other state or federal law enforcement grants.
13016 (9) Law enforcement purposes for which award monies may not be granted or used
13017 include:
13018 (a) payment of salaries, retirement benefits, or bonuses to any person;
13019 (b) payment of enforcement expenses not related to law enforcement;
13020 (c) uses not specified in the agency's award application;
13021 (d) uses not approved or appropriated by the agency's legislative body;
13022 (e) payments, transfers, or pass-through funding to entities other than law enforcement
13023 agencies; or
13024 (f) uses, payments, or expenses that are not within the scope of the agency's functions.
13025 (10) For each fiscal year, any state, local, or multijurisdictional agency or political
13026 subdivision that received a program award shall prepare, and file with the Utah Commission on
13027 Criminal and Juvenile Justice and the state auditor, a report in a form specified by the Utah
13028 Commission on Criminal and Juvenile Justice. The report shall include the following
13029 regarding each award:
13030 (a) the agency's name;
13031 (b) the amount of the award;
13032 (c) the date of the award;
13033 (d) how the award has been used; and
13034 (e) a statement signed by both the agency's or political subdivision's executive officer
13035 or designee and by the agency's legal counsel, that:
13036 (i) the agency or political subdivision has complied with all inventory, policy, and
13037 reporting requirements of this chapter;
13038 (ii) all program awards were used for crime reduction or law enforcement purposes as
13039 specified in the application; and
13040 (iii) and only upon approval or appropriation by the agency's or political subdivision's
13041 legislative body.
13042 (11) The Utah Commission on Criminal and Juvenile Justice shall report in writing to
13043 the legislative Law Enforcement and Criminal Justice Interim Committee annually regarding
13044 the forfeited property transferred to the fund, awards made by the program, uses of program
13045 awards, and any equitable share of property forfeited by the federal government as reported by
13046 agencies pursuant to Subsection 24-1-15 (3).
13047 Section 282. Section 26-1-4.1 is amended to read:
13048 26-1-4.1. Department procedures -- Adjudicative proceedings.
13049 The Department of Health shall comply with the procedures and requirements of [
13050
13051 proceedings.
13052 Section 283. Section 26-1-5 is amended to read:
13053 26-1-5. Rules of department.
13054 (1) Except in areas regulated by statutory committees created by this title, the
13055 department shall have the power to adopt, amend, or rescind rules necessary to carry out the
13056 provisions of this title.
13057 (2) Rules shall have the force and effect of law and may deal with matters which
13058 materially affect the security of health or the preservation and improvement of public health in
13059 the state, and any matters as to which jurisdiction is conferred upon the department by this title.
13060 (3) Every rule adopted by the department pursuant to this section, or a committee
13061 established under Section 26-1-7 or 26-1-7.5 , shall be subject to [
13062 63G, Chapter 3, Utah Administrative Rulemaking Act and shall become effective at the time
13063 and in the manner provided in that act.
13064 (4) If, at the next general session of the legislature following the filing of a rule with
13065 the legislative research director, the legislature passes a bill disapproving such rule, the rule
13066 shall be null and void.
13067 (5) The department or a committee created under Section 26-1-7 or 26-1-7.5 , shall not
13068 adopt a rule identical to a rule disapproved under Subsection (4) of this section, before the
13069 beginning of the next general session of the legislature following the general session at which
13070 the rule was disapproved.
13071 Section 284. Section 26-1-6 is amended to read:
13072 26-1-6. Fee schedule adopted by department.
13073 (1) The department may adopt a schedule of fees that may be assessed for services
13074 rendered by the department, provided that the fees are:
13075 (a) reasonable and fair; and
13076 (b) submitted to the Legislature as part of the department's annual appropriations
13077 request.
13078 (2) When the department submits a fee schedule to the Legislature, the Legislature, in
13079 accordance with Section [
13080 (a) approve the fee;
13081 (b) increase or decrease and approve the fee; or
13082 (c) reject any fee submitted to it.
13083 (3) Fees approved by the Legislature pursuant to this section shall be paid into the state
13084 treasury in accordance with Section [
13085 Section 285. Section 26-1-7.1 is amended to read:
13086 26-1-7.1. Committee procedures -- Adjudicative proceedings.
13087 All committees created by Section 26-1-7 shall comply with the procedures and
13088 requirements of [
13089 in their adjudicative proceedings.
13090 Section 286. Section 26-1-17.5 is amended to read:
13091 26-1-17.5. Confidential records.
13092 (1) A record classified as confidential under this title shall remain confidential, and be
13093 released according to the provisions of this title, notwithstanding Section [
13094 63G-2-310 .
13095 (2) In addition to those persons granted access to records described in Subsection
13096 [
13097 districts, and local and state health departments and the state Department of Human Services as
13098 necessary to assure compliance with Section 53A-11-301 and to prevent, investigate, and
13099 control the causes of epidemic, infectious, communicable, and other diseases affecting the
13100 public health.
13101 Section 287. Section 26-1-21 is amended to read:
13102 26-1-21. Disposal of property by department.
13103 (1) The department may dispose of any personal property owned by it or any of the
13104 entities created under Section 26-1-13 , in the manner provided in [
13105 63A, Chapter 9, Part 8, Surplus Property Service.
13106 (2) The department may dispose of any real property owned by it or any of the entities
13107 created under Section 26-1-13 , in the manner provided in Title 65A, Chapter 4.
13108 Section 288. Section 26-2-22 is amended to read:
13109 26-2-22. Inspection of vital records.
13110 (1) (a) The vital records shall be open to inspection, but only in compliance with the
13111 provisions of this chapter, department rules, and Section 78-30-18 .
13112 (b) It is unlawful for any state or local officer or employee to disclose data contained in
13113 vital records contrary to this chapter or department rule.
13114 (c) A custodian of vital records may permit inspection of a vital record or issue a
13115 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
13116 has demonstrated a direct, tangible, and legitimate interest.
13117 (2) A direct, tangible, and legitimate interest in a vital record is present only if:
13118 (a) the request is from the subject, a member of the subject's immediate family, the
13119 guardian of the subject, or a designated legal representative;
13120 (b) the request involves a personal or property right of the subject of the record;
13121 (c) the request is for official purposes of a state, local, or federal governmental agency;
13122 (d) the request is for a statistical or medical research program and prior consent has
13123 been obtained from the state registrar; or
13124 (e) the request is a certified copy of an order of a court of record specifying the record
13125 to be examined or copied.
13126 (3) For purposes of Subsection (2):
13127 (a) "immediate family member" means a spouse, child, parent, sibling, grandparent, or
13128 grandchild;
13129 (b) a designated legal representative means an attorney, physician, funeral service
13130 director, genealogist, or other agent of the subject or the subject's immediate family who has
13131 been delegated the authority to access vital records;
13132 (c) except as provided in Title 78, Chapter 30, Adoption, a parent, or the immediate
13133 family member of a parent, who does not have legal or physical custody of or visitation or
13134 parent-time rights for a child because of the termination of parental rights pursuant to Title 78,
13135 Chapter 3a, Juvenile Court Act of 1996, or by virtue of consenting to or relinquishing a child
13136 for adoption pursuant to Title 78, Chapter 30, Adoption, may not be considered as having a
13137 direct, tangible, and legitimate interest; and
13138 (d) a commercial firm or agency requesting names, addresses, or similar information
13139 may not be considered as having a direct, tangible, and legitimate interest.
13140 (4) Upon payment of a fee established in accordance with Section [
13141 63J-1-303 , the following records shall be available to the public:
13142 (a) except as provided in Subsection 26-2-10 (4)(b), a birth record, excluding
13143 confidential information collected for medical and health use, if 100 years or more have passed
13144 since the date of birth;
13145 (b) a death record if 50 years or more have passed since the date of death; and
13146 (c) a vital record not subject to Subsection (4)(a) or (b) if 75 years or more have passed
13147 since the date of the event upon which the record is based.
13148 Section 289. Section 26-6b-1 is amended to read:
13149 26-6b-1. Applicability of chapter -- Administrative procedures.
13150 (1) This chapter applies to involuntary examination, treatment, isolation, and
13151 quarantine actions applied to individuals or groups of individuals by the department or a local
13152 health department.
13153 (2) The provisions of this chapter supersede the provisions of [
13154 Title 63G, Chapter 4, Administrative Procedures Act.
13155 (3) The Department of Health may adopt rules in accordance with [
13156
13157 provisions of this chapter.
13158 Section 290. Section 26-8a-104 is amended to read:
13159 26-8a-104. Committee powers.
13160 The committee shall adopt rules in accordance with [
13161 Chapter 3, Utah Administrative Rulemaking Act, that:
13162 (1) establish certification and reciprocity requirements under Section 26-8a-302 ;
13163 (2) establish designation requirements under Section 26-8a-303 ;
13164 (3) promote the development of a statewide emergency medical services system under
13165 Section 26-8a-203 ;
13166 (4) establish insurance requirements for ambulance providers;
13167 (5) provide guidelines for requiring patient data under Section 26-8a-203 ;
13168 (6) establish criteria for awarding grants under Section 26-8a-207 ;
13169 (7) establish requirements for the coordination of emergency medical services and the
13170 medical supervision of emergency medical service providers under Section 26-8a-306 ; and
13171 (8) are necessary to carry out the responsibilities of the committee as specified in other
13172 sections of this chapter.
13173 Section 291. Section 26-8a-105 is amended to read:
13174 26-8a-105. Department powers.
13175 The department shall:
13176 (1) coordinate the emergency medical services within the state;
13177 (2) administer this chapter and the rules established pursuant to it;
13178 (3) establish a voluntary task force representing a diversity of emergency medical
13179 service providers to advise the department and the committee on rules; and
13180 (4) adopt rules in accordance with [
13181 Administrative Rulemaking Act, to:
13182 (a) license ambulance providers and paramedic providers;
13183 (b) permit ambulances and emergency response vehicles;
13184 (c) establish application, submission, and procedural requirements for licenses,
13185 designations, certificates, and permits; and
13186 (d) establish and implement the programs, plans, and responsibilities as specified in
13187 other sections of this chapter.
13188 Section 292. Section 26-8a-207 is amended to read:
13189 26-8a-207. Emergency medical services grant program.
13190 (1) (a) The department shall receive as dedicated credits the amount established in
13191 Section [
13192 Division of Finance from funds generated by the surcharge imposed under [
13193
13194 Funds, Substance Abuse Prevention Account, and Services for Victims of Domestic Violence
13195 Account.
13196 (b) Funds transferred to the department under this section shall be used for
13197 improvement of statewide delivery of emergency medical services and administrative costs as
13198 described in Subsection (2)(a). Appropriations to the department for the purposes enumerated
13199 in this section shall be made from those dedicated credits.
13200 (c) All funding for the program created by this section shall be nonlapsing.
13201 (2) (a) The department may use the funds transferred to it under Subsection (1):
13202 (i) to provide staff support; and
13203 (ii) for other expenses incurred in:
13204 (A) administration of grant funds; and
13205 (B) other department administrative costs under this chapter.
13206 (b) After funding staff support, administrative expenses, and trauma system
13207 development, the department and the committee shall make emergency medical services grants
13208 from the remaining funds received as dedicated credits under Subsection (1). A recipient of a
13209 grant under this Subsection (2)(b) must actively provide emergency medical services within the
13210 state.
13211 (i) The department shall distribute 42-1/2% as per capita block grants for use
13212 specifically related to the provision of emergency medical services to nonprofit prehospital
13213 emergency medical services providers that are either licensed or designated and to emergency
13214 medical services that are the primary emergency medical services for a service area. The
13215 department shall determine the grant amounts by prorating available funds on a per capita basis
13216 by county as described in department rule.
13217 (ii) The committee shall award 42-1/2% of the remaining funds as competitive grants
13218 for use specifically related to the provision of emergency medical services based upon rules
13219 established by the committee.
13220 (iii) The committee shall use 15% of the remaining funds to fund high school
13221 emergency medical training programs.
13222 Section 293. Section 26-8a-310 is amended to read:
13223 26-8a-310. Criminal background check.
13224 (1) At the time of application for, or renewal of, a certificate, the department shall
13225 obtain, at the applicant's expense, information from a criminal history record or warrant of
13226 arrest information maintained by the Department of Public Safety pursuant to Title 53, Chapter
13227 10, Part 2, Bureau of Criminal Identification, to determine whether the individual has been
13228 convicted of a crime that bears upon [
13229 responsibility for the safety and well-being of children, the elderly, or persons with disabilities.
13230 (2) (a) An applicant who has not had residency in the state for the last five years shall
13231 submit fingerprints and other identifying information.
13232 (b) The department shall submit fingerprints obtained under Subsection (2)(a) to the
13233 Department of Public Safety to be forwarded to the Federal Bureau of Investigation for a
13234 nationwide criminal history record check to determine whether the individual has been
13235 convicted of a crime that bears upon [
13236 responsibility for the safety and well-being of children, the elderly, or persons with disabilities.
13237 (3) The department shall have access to juvenile court records to determine whether the
13238 applicant has been adjudicated in juvenile court of committing an act which if committed by an
13239 adult would be a felony or misdemeanor and that bears upon the applicant's fitness to be
13240 certified or to have responsibility for the safety and well-being of children, the elderly, or
13241 persons with disabilities if:
13242 (a) the applicant is under the age of 28; or
13243 (b) the applicant is over the age of 28 and has been convicted, has pleaded no contest,
13244 or is currently subject to a plea in abeyance or diversion agreement for a felony or
13245 misdemeanor.
13246 (4) Information obtained pursuant to Subsections (1) through (3) may be used to:
13247 (a) withhold certification or renewal;
13248 (b) commence or substantiate disciplinary action under Section 26-8a-503 ;
13249 (c) enforce the provisions of this chapter; and
13250 (d) notify the individual's employer as necessary to protect the public.
13251 (5) The department shall adopt rules under [
13252 3, Utah Administrative Rulemaking Act, consistent with this chapter, defining the
13253 circumstances under which an applicant who has been convicted of a criminal offense may
13254 receive a certification under this chapter.
13255 Section 294. Section 26-8a-404 is amended to read:
13256 26-8a-404. Ground ambulance and paramedic licenses -- Application and
13257 department review.
13258 (1) Except as provided in Section 26-8a-413 , an applicant for a ground ambulance or
13259 paramedic license shall apply to the department for a license only by:
13260 (a) submitting a completed application;
13261 (b) providing information in the format required by the department; and
13262 (c) paying the required fees, including the cost of the hearing officer.
13263 (2) The department shall make rules establishing minimum qualifications and
13264 requirements for:
13265 (a) personnel;
13266 (b) capital reserves;
13267 (c) equipment;
13268 (d) a business plan;
13269 (e) operational procedures;
13270 (f) medical direction agreements;
13271 (g) management and control; and
13272 (h) other matters that may be relevant to an applicant's ability to provide ground
13273 ambulance or paramedic service.
13274 (3) An application for a license to provide ground ambulance service or paramedic
13275 service shall be for all ground ambulance services or paramedic services arising within the
13276 geographic service area, except that an applicant may apply for a license for less than all
13277 ground ambulance services or all paramedic services arising within an exclusive geographic
13278 area if it can demonstrate how the remainder of that area will be served.
13279 (4) (a) A ground ambulance service licensee may apply to the department for a license
13280 to provide a higher level of service as defined by department rule if:
13281 (i) the application for the license is limited to non-911 ambulance or paramedic
13282 services; and
13283 (ii) the application includes:
13284 (A) a copy of the new treatment protocols for the higher level of service approved by
13285 the off-line medical director;
13286 (B) an assessment of field performance by the applicant's off-line director; and
13287 (C) an updated plan of operation demonstrating the ability of the applicant to provide
13288 the higher level of service.
13289 (b) If the department determines that the applicant has demonstrated the ability to
13290 provide the higher level of service in accordance with Subsection (4)(a), the department shall
13291 issue a revised license reflecting the higher level of service and the requirements of Section
13292 26-8a-408 do not apply.
13293 (5) Upon receiving a completed application and the required fees, the department shall
13294 review the application and determine whether the application meets the minimum
13295 qualifications and requirements for licensure.
13296 (6) The department may deny an application if it finds that it contains any materially
13297 false or misleading information, is incomplete, or if the application demonstrates that the
13298 applicant fails to meet the minimum qualifications and requirements for licensure under
13299 Subsection (2).
13300 (7) If the department denies an application, it shall notify the applicant in writing
13301 setting forth the grounds for the denial. A denial may be appealed under [
13302
13303 Section 295. Section 26-8a-405.3 is amended to read:
13304 26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
13305 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
13306 Section 26-8a-405.2 shall be solicited through a request for proposal and the provisions of this
13307 section.
13308 (b) The governing body of the political subdivision shall approve the request for
13309 proposal prior to the notice of the request for proposals under Subsection (1)(c).
13310 (c) Notice of the request for proposals must be published at least once a week for three
13311 consecutive weeks in a newspaper of general circulation published in the county, or if there is
13312 no such newspaper, then notice must be posted for at least 20 days in at least five public places
13313 in the county.
13314 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
13315 offerors during the process of negotiations.
13316 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
13317 political subdivision must hold a presubmission conference with interested applicants for the
13318 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
13319 (ii) A political subdivision shall allow at least 90 days from the presubmission
13320 conference for the proposers to submit proposals.
13321 (c) Subsequent to the presubmission conference, the political subdivision may issue
13322 addenda to the request for proposals. An addenda to a request for proposal must be finalized
13323 and posted by the political subdivision at least 45 days prior to the date on which the proposal
13324 must be submitted.
13325 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
13326 respect to any opportunity for discussion and revisions of proposals, and revisions may be
13327 permitted after submission and before a contract is awarded for the purpose of obtaining best
13328 and final offers.
13329 (e) In conducting discussions, there shall be no disclosures of any information derived
13330 from proposals submitted by competing offerors.
13331 (3) (a) (i) A political subdivision may select an applicant approved by the department
13332 under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
13333 most responsible offeror as defined in Subsection [
13334 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
13335 proposal is determined in writing to be the most advantageous to the political subdivision,
13336 taking into consideration price and the evaluation factors set forth in the request for proposal.
13337 (b) The applicants who are approved under Section 26-8a-405 and who are selected
13338 under this section may be the political subdivision issuing the request for competitive sealed
13339 proposals, or any other public entity or entities, any private person or entity, or any
13340 combination thereof.
13341 (c) A political subdivision may reject all of the competitive proposals.
13342 (4) In seeking competitive sealed proposals and awarding contracts under this section,
13343 a political subdivision:
13344 (a) shall apply the public convenience and necessity factors listed in Subsections
13345 26-8a-408 (2) through (6);
13346 (b) shall require the applicant responding to the proposal to disclose how the applicant
13347 will meet performance standards in the request for proposal;
13348 (c) may not require or restrict an applicant to a certain method of meeting the
13349 performance standards, including:
13350 (i) requiring ambulance medical personnel to also be a firefighter; or
13351 (ii) mandating that offerors use fire stations or dispatch services of the political
13352 subdivision;
13353 (d) (i) shall require an applicant to submit the proposal based on full cost accounting in
13354 accordance with generally accepted accounting principals; and
13355 (ii) if the applicant is a governmental entity, in addition to the requirements of
13356 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
13357 in compliance with the State of Utah Legal Compliance Audit Guide; and
13358 (e) shall set forth in the request for proposal:
13359 (i) the method for determining full cost accounting in accordance with generally
13360 accepted accounting principles, and require an applicant to submit the proposal based on such
13361 full cost accounting principles;
13362 (ii) guidelines established to further competition and provider accountability; and
13363 (iii) a list of the factors that will be considered by the political subdivision in the award
13364 of the contract, including by percentage, the relative weight of the factors established under this
13365 Subsection (4)(e), which may include such things as:
13366 (A) response times;
13367 (B) staging locations;
13368 (C) experience;
13369 (D) quality of care; and
13370 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
13371 (5) (a) Notwithstanding the provisions of Subsection [
13372 provisions of [
13373 Remedies, apply to the procurement process required by this section, except as provided in
13374 Subsection (5)(c).
13375 (b) The Procurement Appeals Board created in Section [
13376 have jurisdiction to review and determine an appeal of an offeror under this section in the same
13377 manner as provided in Section [
13378 (c) (i) An offeror may appeal the solicitation or award as provided by the political
13379 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
13380 may appeal under the provisions of Subsections (5)(a) and (b).
13381 (ii) The factual determination required by Subsection [
13382 be based on whether the solicitation or award was made in accordance with the procedures set
13383 forth in this section and Section 26-8a-405.2 .
13384 (d) The determination of an issue of fact by the appeals board shall be final and
13385 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
13386 [
13387 Section 296. Section 26-8a-407 is amended to read:
13388 26-8a-407. Ground ambulance and paramedic licenses -- Proceedings.
13389 (1) The presiding officer shall:
13390 (a) commence an informal adjudicative proceeding within 120 days of receiving a
13391 completed application;
13392 (b) meet with the applicant and objecting interested parties and provide no less than
13393 120 days for a negotiated resolution, consistent with the criteria in Section 26-8a-408 ;
13394 (c) set aside a separate time during the proceedings to accept public comment on the
13395 application; and
13396 (d) present a written decision to the executive director if a resolution has been reached
13397 that satisfies the criteria in Section 26-8a-408 .
13398 (2) At any time during an informal adjudicative proceeding under Subsection (1), any
13399 party may request conversion of the informal adjudicative proceeding to a formal adjudicative
13400 proceeding in accordance with Section [
13401 (3) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be
13402 assigned to the application as provided in Section 26-8a-409 . The hearing office shall:
13403 (a) set aside a separate time during the proceedings to accept public comment on the
13404 application;
13405 (b) apply the criteria established in Section 26-8a-408 ; and
13406 (c) present a recommended decision to the executive director in writing.
13407 (4) The executive director may, as set forth in a final written order, accept, modify,
13408 reject, or remand the decision of a presiding or hearing officer after:
13409 (a) reviewing the record;
13410 (b) giving due deference to the officer's decision; and
13411 (c) determining whether the criteria in Section 26-8a-408 have been satisfied.
13412 Section 297. Section 26-8a-414 is amended to read:
13413 26-8a-414. Annexations.
13414 (1) A municipality shall comply with the provisions of this section if the municipality
13415 is licensed under this chapter and desires to provide service to an area that is:
13416 (a) included in a petition for annexation under Title 10, Chapter 2, Part 4, Annexation;
13417 and
13418 (b) currently serviced by another provider licensed under this chapter.
13419 (2) (a) (i) At least 45 days prior to approving a petition for annexation, the municipality
13420 shall certify to the department that by the time of the approval of the annexation the
13421 municipality can meet or exceed the current level of service provided by the existing licensee
13422 for the annexed area by meeting the requirements of Subsections (2)(b)(ii)(A) through (D); and
13423 (ii) no later than three business days after the municipality files a petition for
13424 annexation in accordance with Section 10-2-403 , provide written notice of the petition for
13425 annexation to:
13426 (A) the existing licensee providing service to the area included in the petition of
13427 annexation; and
13428 (B) the department.
13429 (b) (i) After receiving a certification under Subsection (2)(a), but prior to the
13430 municipality approving a petition for annexation, the department may audit the municipality
13431 only to verify the requirements of Subsections (2)(b)(ii)(A) through (D).
13432 (ii) If the department elects to conduct an audit, the department shall make a finding
13433 that the municipality can meet or exceed the current level of service provided by the existing
13434 licensee for the annexed area if the department finds that the municipality has or will have by
13435 the time of the approval of the annexation:
13436 (A) adequate trained personnel to deliver basic and advanced life support services;
13437 (B) adequate apparatus and equipment to deliver emergency medical services;
13438 (C) adequate funding for personnel and equipment; and
13439 (D) appropriate medical controls, such as a medical director and base hospital.
13440 (iii) The department shall submit the results of the audit in writing to the municipal
13441 legislative body.
13442 (3) (a) If the department audit finds that the municipality meets the requirements of
13443 Subsection (2)(b)(ii), the department shall issue an amended license to the municipality and all
13444 other affected licensees to reflect the municipality's new boundaries after the department
13445 receives notice of the approval of the petition for annexation from the municipality in
13446 accordance with Section 10-2-425 .
13447 (b) (i) Notwithstanding the provisions of Subsection [
13448 the department audit finds that the municipality fails to meet the requirements of Subsection
13449 (2)(b)(ii), the municipality may request an adjudicative proceeding under the provisions of
13450 [
13451 may approve the petition for annexation while an adjudicative proceeding requested under this
13452 Subsection (3)(b)(i) is pending.
13453 (ii) The department shall conduct an adjudicative proceeding when requested under
13454 Subsection (3)(b)(i).
13455 (iii) Notwithstanding the provisions of Sections 26-8a-404 through 26-8a-409 , in any
13456 adjudicative proceeding held under the provisions of Subsection (3)(b)(i), the department bears
13457 the burden of establishing that the municipality cannot, by the time of the approval of the
13458 annexation, meet the requirements of Subsection (2)(b)(ii).
13459 (c) If, at the time of the approval of the annexation, an adjudicative proceeding is
13460 pending under the provisions of Subsection (3)(b)(i), the department shall issue amended
13461 licenses if the municipality prevails in the adjudicative proceeding.
13462 Section 298. Section 26-8a-503 is amended to read:
13463 26-8a-503. Discipline of emergency medical services personnel.
13464 (1) The department may refuse to issue a certificate or renewal, or revoke, suspend,
13465 restrict, or place on probation an individual's certificate if:
13466 (a) the individual does not meet the qualifications for certification under Section
13467 26-8a-302 ;
13468 (b) the individual has engaged in conduct, as defined by committee rule, that:
13469 (i) is unprofessional;
13470 (ii) is adverse to the public health, safety, morals, or welfare; or
13471 (iii) would adversely affect public trust in the emergency medical service system;
13472 (c) the individual has violated Section 26-8a-502 or other provision of this chapter;
13473 (d) a court of competent jurisdiction has determined the individual to be mentally
13474 incompetent for any reason; or
13475 (e) the individual is unable to provide emergency medical services with reasonable
13476 skill and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other
13477 type of material, or as a result of any other mental or physical condition, when the individual's
13478 condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers,
13479 or the public health, safety, or welfare that cannot be reasonably mitigated.
13480 (2) (a) An action to revoke, suspend, restrict, or place a certificate on probation shall be
13481 done in accordance with [
13482 Procedures Act.
13483 (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
13484 order under Section 26-8a-507 to immediately suspend an individual's certificate pending an
13485 administrative proceeding to be held within 30 days if there is evidence to show that the
13486 individual poses a clear, immediate, and unjustifiable threat or potential threat to the public
13487 health, safety, or welfare.
13488 (3) An individual whose certificate has been suspended, revoked, or restricted may
13489 apply for reinstatement of the certificate at reasonable intervals and upon compliance with any
13490 conditions imposed upon the certificate by statute, committee rule, or the terms of the
13491 suspension, revocation, or restriction.
13492 (4) In addition to taking disciplinary action under Subsection (1), the department may
13493 impose sanctions in accordance with Section 26-23-6 .
13494 Section 299. Section 26-8a-504 is amended to read:
13495 26-8a-504. Discipline of designated and licensed providers.
13496 (1) The department may refuse to issue a license or designation or a renewal, or revoke,
13497 suspend, restrict, or place on probation, an emergency medical service provider's license or
13498 designation if the provider has:
13499 (a) failed to abide by terms of the license or designation;
13500 (b) violated statute or rule;
13501 (c) failed to provide services at the level or in the exclusive geographic service area
13502 required by the license or designation;
13503 (d) failed to submit a renewal application in a timely fashion as required by department
13504 rule;
13505 (e) failed to follow operational standards established by the committee; or
13506 (f) committed an act in the performance of a professional duty that endangered the
13507 public or constituted gross negligence.
13508 (2) (a) An action to revoke, suspend, restrict, or place a license or designation on
13509 probation shall be done in accordance with [
13510 Administrative Procedures Act.
13511 (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
13512 order under Section 26-8a-507 to immediately suspend a license or designation pending an
13513 administrative proceeding to be held within 30 days if there is evidence to show that the
13514 provider or facility poses a clear, immediate, and unjustifiable threat or potential threat to the
13515 public health, safety, or welfare.
13516 (3) In addition to taking disciplinary action under Subsection (1), the department may
13517 impose sanctions in accordance with Section 26-23-6 .
13518 Section 300. Section 26-15a-102 is amended to read:
13519 26-15a-102. Definitions.
13520 (1) "Back country food service establishment" means a federal or state licensed back
13521 country guiding or outfitting business that:
13522 (a) provides food services; and
13523 (b) meets department recognized federal or state food service safety regulations for
13524 food handlers.
13525 (2) "Certified food safety manager" means a manager of a food service establishment
13526 who:
13527 (a) passes successfully a department-approved examination;
13528 (b) successfully completes, every three years, renewal requirements established by
13529 department rule consistent with original certification requirements; and
13530 (c) submits to the appropriate local health department the documentation required by
13531 Section 26-15a-106 .
13532 (3) "Food service establishment" means any place or area within a business or
13533 organization where potentially hazardous foods are prepared and intended for individual
13534 portion service and consumption by the general public, whether the consumption is on or off
13535 the premises, and whether or not a fee is charged for the food.
13536 (4) "Local health department" means a local health department as defined in
13537 Subsection 26A-1-102 (5).
13538 (5) "Potentially hazardous foods" shall be defined by the department by administrative
13539 rule adopted in accordance with [
13540 Administrative Rulemaking Act.
13541 Section 301. Section 26-15a-104 is amended to read:
13542 26-15a-104. Food service establishment requirements -- Enforcement -- Right of
13543 appeal.
13544 (1) Each food service establishment in the state shall be managed by at least one
13545 full-time certified food safety manager at each establishment site, who need not be present at
13546 the establishment site during all its hours of operation.
13547 (2) Within 60 days of the termination of a certified food safety manager's employment
13548 that results in the food service establishment no longer being in compliance with Subsection
13549 (1), the food service establishment shall:
13550 (a) employ a new certified food safety manager; or
13551 (b) designate another employee to become the establishment's certified food safety
13552 manager who shall commence a department-approved food safety manager training course.
13553 (3) Compliance with the 60-day time period provided in Subsection (2) may be
13554 extended by the local health department for reasonable cause, as determined by the department
13555 by rule.
13556 (4) (a) The local health department may determine whether a food service
13557 establishment is in compliance with this section by visiting the establishment during regular
13558 business hours and requesting information and documentation about the employment of a
13559 certified food safety manager.
13560 (b) If a violation of this section is identified, the local health department shall propose
13561 remedial action to bring the food service establishment into compliance.
13562 (c) A food service establishment receiving notice of a violation and proposed remedial
13563 action from a local health department may appeal the notice of violation and proposed remedial
13564 action pursuant to procedures established by the local health department, which shall be
13565 essentially consistent with the provisions of [
13566 Administrative Procedures Act. Notwithstanding the provisions of Section [
13567 63G-4-402 , an appeal of a local health department decision to a district court shall be
13568 conducted as an original, independent proceeding, and not as a review of the proceedings
13569 conducted by the local health department. The district court shall give no deference to the
13570 findings or conclusions of the local health department.
13571 Section 302. Section 26-15a-105 is amended to read:
13572 26-15a-105. Exemptions to food service establishment requirements.
13573 (1) The following are not subject to the provisions of Section 26-15a-104 :
13574 (a) special events sponsored by municipal or nonprofit civic organizations, including
13575 food booths at school sporting events and little league athletic events and church functions;
13576 (b) temporary event food services approved by a local health department;
13577 (c) vendors and other food service establishments that serve only commercially
13578 prepackaged foods and beverages as defined by the department by rule;
13579 (d) private homes not used as a commercial food service establishment;
13580 (e) health care facilities licensed under Chapter 21, Health Care Facility Licensing and
13581 Inspection Act;
13582 (f) bed and breakfast establishments at which the only meal served is a continental
13583 breakfast as defined by the department by rule;
13584 (g) residential child care providers;
13585 (h) child care providers and programs licensed under Chapter 39, Utah Child Care
13586 Licensing Act;
13587 (i) back country food service establishments; and
13588 (j) a lowest risk or permitted food establishment category determined by a risk
13589 assessment evaluation established by the department by administrative rule adopted in
13590 accordance with [
13591 Rulemaking Act.
13592 (2) Nothing in this section may be construed as exempting a food service establishment
13593 described in Subsection (1) from any other applicable food safety laws of this state.
13594 Section 303. Section 26-18-3 is amended to read:
13595 26-18-3. Administration of Medicaid program by department -- Disciplinary
13596 measures and sanctions -- Funds collected.
13597 (1) The department shall be the single state agency responsible for the administration
13598 of the Medicaid program in connection with the United States Department of Health and
13599 Human Services pursuant to Title XIX of the Social Security Act.
13600 (2) (a) The department shall implement the Medicaid program through administrative
13601 rules in conformity with this chapter, [
13602 Administrative Rulemaking Act, the requirements of Title XIX, and applicable federal
13603 regulations.
13604 (b) (i) The rules adopted under Subsection (2)(a) shall include, in addition to other
13605 rules necessary to implement the program, the standards used by the department for
13606 determining eligibility for Medicaid services, the services and benefits to be covered by the
13607 Medicaid program, and reimbursement methodologies for providers under the Medicaid
13608 program.
13609 (ii) If the department implements a change in the Medicaid State Plan, initiates a new
13610 Medicaid waiver, initiates an amendment to an existing Medicaid waiver, or initiates a rate
13611 change requiring public notice under state or federal law, the department shall, prior to
13612 adopting the change, report to either the Legislative Executive Appropriations Committee or
13613 the Legislative Health and Human Services Appropriations Subcommittee and include in the
13614 report:
13615 (A) the proposed change in services or reimbursement;
13616 (B) the effect of an increase or decrease in services or benefits on individuals and
13617 families;
13618 (C) the degree to which any proposed cut may result in cost-shifting to more expensive
13619 services in health or human service programs; and
13620 (D) the effect of any proposed increase of benefits or reimbursement on current and
13621 future appropriations from the Legislature to the department.
13622 (iii) Any rules adopted by the department under this Subsection (2) are subject to
13623 review and reauthorization by the Legislature in accordance with Section [
13624 63G-3-502 .
13625 (3) The department may, in its discretion, contract with the Department of Human
13626 Services or other qualified agencies for services in connection with the administration of the
13627 Medicaid program, including but not limited to the determination of the eligibility of
13628 individuals for the program, recovery of overpayments, and enforcement of fraud and abuse
13629 laws, consistent with Section 26-20-13 , to the extent permitted by law and quality control
13630 services.
13631 (4) The department shall provide, by rule, disciplinary measures and sanctions for
13632 Medicaid providers who fail to comply with the rules and procedures of the program, provided
13633 that sanctions imposed administratively may not extend beyond:
13634 (a) termination from the program;
13635 (b) recovery of claim reimbursements incorrectly paid; and
13636 (c) those specified in Section 1919 of Title XIX of the federal Social Security Act.
13637 (5) Funds collected as a result of a sanction imposed under Section 1919 of Title XIX
13638 of the federal Social Security Act shall be deposited in the General Fund as nonlapsing
13639 dedicated credits to be used by the division in accordance with the requirements of that section.
13640 (6) (a) In determining whether an applicant or recipient is eligible for a service or
13641 benefit under this part or Chapter 40, Utah Children's Health Insurance Act, the department
13642 shall, if Subsection (6)(b) is satisfied, exclude from consideration one passenger vehicle
13643 designated by the applicant or recipient.
13644 (b) Before Subsection (6)(a) may be applied:
13645 (i) the federal government must:
13646 (A) determine that Subsection (6)(a) may be implemented within the state's existing
13647 public assistance-related waivers as of January 1, 1999;
13648 (B) extend a waiver to the state permitting the implementation of Subsection (6)(a); or
13649 (C) determine that the state's waivers that permit dual eligibility determinations for
13650 cash assistance and Medicaid are no longer valid; and
13651 (ii) the department must determine that Subsection (6)(a) can be implemented within
13652 existing funding.
13653 (7) (a) For purposes of this Subsection (7):
13654 (i) "aged, blind, or disabled" shall be defined by administrative rule; and
13655 (ii) "spend down" means an amount of income in excess of the allowable income
13656 standard that must be paid in cash to the department or incurred through the medical services
13657 not paid by Medicaid.
13658 (b) In determining whether an applicant or recipient who is aged, blind, or disabled is
13659 eligible for a service or benefit under this chapter, the department shall use 100% of the federal
13660 poverty level as:
13661 (i) the allowable income standard for eligibility for services or benefits; and
13662 (ii) the allowable income standard for eligibility as a result of spend down.
13663 Section 304. Section 26-18-103 is amended to read:
13664 26-18-103. DUR Board -- Responsibilities.
13665 The board shall:
13666 (1) develop rules necessary to carry out its responsibilities as defined in this part;
13667 (2) oversee the implementation of a Medicaid retrospective and prospective DUR
13668 program in accordance with this part, including responsibility for approving provisions of
13669 contractual agreements between the Medicaid program and any other entity that will process
13670 and review Medicaid drug claims and profiles for the DUR program in accordance with this
13671 part;
13672 (3) develop and apply predetermined criteria and standards to be used in retrospective
13673 and prospective DUR, ensuring that the criteria and standards are based on the compendia, and
13674 that they are developed with professional input, in a consensus fashion, with provisions for
13675 timely revision and assessment as necessary. The DUR standards developed by the board shall
13676 reflect the local practices of physicians in order to monitor:
13677 (a) therapeutic appropriateness;
13678 (b) overutilization or underutilization;
13679 (c) therapeutic duplication;
13680 (d) drug-disease contraindications;
13681 (e) drug-drug interactions;
13682 (f) incorrect drug dosage or duration of drug treatment; and
13683 (g) clinical abuse and misuse;
13684 (4) develop, select, apply, and assess interventions and remedial strategies for
13685 physicians, pharmacists, and recipients that are educational and not punitive in nature, in order
13686 to improve the quality of care;
13687 (5) disseminate information to physicians and pharmacists to ensure that they are aware
13688 of the board's duties and powers;
13689 (6) provide written, oral, or electronic reminders of patient-specific or drug-specific
13690 information, designed to ensure recipient, physician, and pharmacist confidentiality, and
13691 suggest changes in prescribing or dispensing practices designed to improve the quality of care;
13692 (7) utilize face-to-face discussions between experts in drug therapy and the prescriber
13693 or pharmacist who has been targeted for educational intervention;
13694 (8) conduct intensified reviews or monitoring of selected prescribers or pharmacists;
13695 (9) create an educational program using data provided through DUR to provide active
13696 and ongoing educational outreach programs to improve prescribing and dispensing practices,
13697 either directly or by contract with other governmental or private entities;
13698 (10) provide a timely evaluation of intervention to determine if those interventions
13699 have improved the quality of care;
13700 (11) publish an annual report, subject to public comment prior to its issuance, and
13701 submit that report to the United States Department of Health and Human Services by
13702 December 1 of each year. That report shall also be submitted to legislative leadership, the
13703 executive director, the president of the Utah Pharmaceutical Association, and the president of
13704 the Utah Medical Association by December 1 of each year. The report shall include:
13705 (a) an overview of the activities of the board and the DUR program;
13706 (b) a description of interventions used and their effectiveness, specifying whether the
13707 intervention was a result of underutilization or overutilization of drugs, without disclosing the
13708 identities of individual physicians, pharmacists, or recipients;
13709 (c) the costs of administering the DUR program;
13710 (d) any fiscal savings resulting from the DUR program;
13711 (e) an overview of the fiscal impact of the DUR program to other areas of the Medicaid
13712 program such as hospitalization or long-term care costs;
13713 (f) a quantifiable assessment of whether DUR has improved the recipient's quality of
13714 care;
13715 (g) a review of the total number of prescriptions, by drug therapeutic class;
13716 (h) an assessment of the impact of educational programs or interventions on
13717 prescribing or dispensing practices; and
13718 (i) recommendations for DUR program improvement;
13719 (12) develop a working agreement with related boards or agencies, including the State
13720 Board of Pharmacy, Physicians' Licensing Board, and SURS staff within the division, in order
13721 to clarify areas of responsibility for each, where those areas may overlap;
13722 (13) establish a grievance process for physicians and pharmacists under this part, in
13723 accordance with [
13724 (14) publish and disseminate educational information to physicians and pharmacists
13725 concerning the board and the DUR program, including information regarding:
13726 (a) identification and reduction of the frequency of patterns of fraud, abuse, gross
13727 overuse, inappropriate, or medically unnecessary care among physicians, pharmacists, and
13728 recipients;
13729 (b) potential or actual severe or adverse reactions to drugs;
13730 (c) therapeutic appropriateness;
13731 (d) overutilization or underutilization;
13732 (e) appropriate use of generics;
13733 (f) therapeutic duplication;
13734 (g) drug-disease contraindications;
13735 (h) drug-drug interactions;
13736 (i) incorrect drug dosage and duration of drug treatment;
13737 (j) drug allergy interactions; and
13738 (k) clinical abuse and misuse;
13739 (15) develop and publish, with the input of the State Board of Pharmacy, guidelines
13740 and standards to be used by pharmacists in counseling Medicaid recipients in accordance with
13741 this part. The guidelines shall ensure that the recipient may refuse counseling and that the
13742 refusal is to be documented by the pharmacist. Items to be discussed as part of that counseling
13743 include:
13744 (a) the name and description of the medication;
13745 (b) administration, form, and duration of therapy;
13746 (c) special directions and precautions for use;
13747 (d) common severe side effects or interactions, and therapeutic interactions, and how to
13748 avoid those occurrences;
13749 (e) techniques for self-monitoring drug therapy;
13750 (f) proper storage;
13751 (g) prescription refill information; and
13752 (h) action to be taken in the event of a missed dose; and
13753 (16) establish procedures in cooperation with the State Board of Pharmacy for
13754 pharmacists to record information to be collected under this part. The recorded information
13755 shall include:
13756 (a) the name, address, age, and gender of the recipient;
13757 (b) individual history of the recipient where significant, including disease state, known
13758 allergies and drug reactions, and a comprehensive list of medications and relevant devices;
13759 (c) the pharmacist's comments on the individual's drug therapy;
13760 (d) name of prescriber; and
13761 (e) name of drug, dose, duration of therapy, and directions for use.
13762 Section 305. Section 26-18-104 is amended to read:
13763 26-18-104. Confidentiality of records.
13764 (1) Information obtained under this part shall be treated as confidential or controlled
13765 information under [
13766 Management Act.
13767 (2) The board shall establish procedures insuring that the information described in
13768 Subsection 26-18-103 (16) is held confidential by the pharmacist, being provided to the
13769 physician only upon request.
13770 (3) The board shall adopt and implement procedures designed to ensure the
13771 confidentiality of all information collected, stored, retrieved, assessed, or analyzed by the
13772 board, staff to the board, or contractors to the DUR program, that identifies individual
13773 physicians, pharmacists, or recipients. The board may have access to identifying information
13774 for purposes of carrying out intervention activities, but that identifying information may not be
13775 released to anyone other than a member of the board. The board may release cumulative
13776 nonidentifying information for research purposes.
13777 Section 306. Section 26-18-304 is amended to read:
13778 26-18-304. Process and criteria for awarding grants.
13779 The department shall establish rules in accordance with [
13780 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the application form,
13781 process, and criteria it will use in awarding grants under this chapter. In awarding grants, the
13782 department shall consider the extent to which the applicant:
13783 (1) demonstrates that the area or a population group to be served under the application
13784 has a shortage of primary health care and that the services will be located so that they will
13785 provide assistance to the greatest number of persons residing in such area or included in such
13786 population group;
13787 (2) utilizes other sources of funding, including private funding, to provide primary
13788 health care;
13789 (3) demonstrates the ability and expertise to serve traditionally medically underserved
13790 populations including persons of limited English-speaking ability, single heads of households,
13791 the elderly, persons with low incomes, and persons with chronic diseases;
13792 (4) demonstrates that it will assume financial risk for a specified number of medically
13793 underserved persons within its catchment area for a predetermined level of care on a prepaid
13794 capitation basis; and
13795 (5) meets other criteria determined by the department.
13796 Section 307. Section 26-18-504 is amended to read:
13797 26-18-504. Appeals of division decision -- Rulemaking authority -- Application of
13798 act.
13799 (1) A decision by the director under this part to deny Medicaid certification for a
13800 nursing care facility program or to deny additional bed capacity for an existing certified
13801 program is subject to review under the procedures and requirements of [
13802 Title 63G, Chapter 4, Administrative Procedures Act.
13803 (2) The department shall make rules to administer and enforce this part in accordance
13804 with [
13805 (3) A nursing care facility may receive Medicaid certification under the rules in effect
13806 prior to July 1, 2004 if the nursing care facility, prior to May 4, 2004:
13807 (a) paid applicable fees to the department; and
13808 (b) submits construction plans to the department; or
13809 (c) is in a current phase of construction approved by the department.
13810 (4) In the event the department is at risk for a federal disallowance with regard to a
13811 Medicaid recipient being served in a nursing care facility program that is not Medicaid
13812 certified, the department may grant temporary Medicaid certification to that facility for up to 24
13813 months. The department may place conditions on the certification, such as not allowing
13814 additional admissions of Medicaid recipients to the program.
13815 Section 308. Section 26-18a-4 is amended to read:
13816 26-18a-4. Creation of Kurt Oscarson Children's Organ Transplant Trust
13817 Account.
13818 (1) There is created a restricted account within the General Fund pursuant to Section
13819 51-5-4 known as the Kurt Oscarson Children's Organ Transplant Trust Account. Private
13820 contributions received under this section and Section 59-10-550 shall be deposited into the
13821 trust account to be used only for the programs and purposes described in Section 26-18a-3 .
13822 (2) Money shall be appropriated from the trust account to the committee in accordance
13823 with [
13824 (3) In addition to funds received under Section 59-10-550 , the committee may accept
13825 transfers, grants, gifts, bequests, or any money made available from any source to implement
13826 this chapter.
13827 Section 309. Section 26-21-5 is amended to read:
13828 26-21-5. Duties of committee.
13829 The committee shall:
13830 (1) make rules in accordance with [
13831 Administrative Rulemaking Act:
13832 (a) for the licensing of health-care facilities; and
13833 (b) requiring the submission of architectural plans and specifications for any proposed
13834 new health-care facility or renovation to the department for review;
13835 (2) approve the information for applications for licensure pursuant to Section 26-21-9 ;
13836 (3) advise the department as requested concerning the interpretation and enforcement
13837 of the rules established under this chapter; and
13838 (4) advise, consult, cooperate with, and provide technical assistance to other agencies
13839 of the state and federal government, and other states and affected groups or persons in carrying
13840 out the purposes of this chapter.
13841 Section 310. Section 26-21-9.5 is amended to read:
13842 26-21-9.5. Criminal background check and Licensing Information System check.
13843 (1) For purposes of this section:
13844 (a) "Covered health care facility" means:
13845 (i) home health care agencies;
13846 (ii) hospices;
13847 (iii) nursing care facilities;
13848 (iv) assisted-living facilities;
13849 (v) small health care facilities; and
13850 (vi) end stage renal disease facilities.
13851 (b) "Covered person" includes:
13852 (i) the following people who provide direct patient care:
13853 (A) employees;
13854 (B) volunteers; and
13855 (C) people under contract with the facility; and
13856 (ii) for residential settings, any individual residing in the home where the assisted
13857 living or small health care program is to be licensed who:
13858 (A) is 18 years of age or older; or
13859 (B) is a child between the age of 12 and 17 years of age; however, the identifying
13860 information required for a child between the age of 12 and 17 does not include fingerprints.
13861 (2) In addition to the licensing requirements of Sections 26-21-8 and 26-21-9 , a
13862 covered health care facility at the time of initial application for a license and license renewal
13863 shall:
13864 (a) submit the name and other identifying information of each covered person at the
13865 covered facility who:
13866 (i) provides direct care to a patient; and
13867 (ii) has been the subject of a criminal background check within the preceding
13868 three-year period by a public or private entity recognized by the department; and
13869 (b) submit the name and other identifying information, which may include fingerprints,
13870 of each covered person at the covered facility who has not been the subject of a criminal
13871 background check in accordance with Subsection (1)(a)(ii).
13872 (3) (a) The department shall forward the information received under Subsection (2)(b)
13873 to the Criminal Investigations and Technical Services Division of the Department of Public
13874 Safety for processing to determine whether the covered individual has been convicted of any
13875 crime.
13876 (b) Except for individuals described in Subsection (1)(b)(ii)(B), if an individual has not
13877 had residency in Utah for the last five years, the individual shall submit fingerprints for an FBI
13878 national criminal history record check. The fingerprints shall be submitted to the FBI through
13879 the Criminal Investigations and Technical Services Division. The individual or licensee is
13880 responsible for the cost of the fingerprinting and national criminal history check.
13881 (4) The department may determine whether:
13882 (a) an individual whose name and other identifying information has been submitted
13883 pursuant to Subsection (2) and who provides direct care to children is listed in the Licensing
13884 Information System described in Section 62A-4a-1006 or has a substantiated finding by a court
13885 of a severe type of child abuse or neglect under Section 78-3a-320 , if identification as a
13886 possible perpetrator of child abuse or neglect is relevant to the employment activities of that
13887 individual;
13888 (b) an individual whose name and other identifying information has been submitted
13889 pursuant to Subsection (2) and who provides direct care to disabled or elder adults, or who is
13890 residing in a residential home that is a facility licensed to provide direct care to disabled or
13891 elder adults has a substantiated finding of abuse, neglect, or exploitation of a disabled or elder
13892 adult by accessing in accordance with Subsection (5) the database created in Section
13893 62A-3-311.1 if identification as a possible perpetrator of disabled or elder adult abuse, neglect,
13894 or exploitation is relevant to the employment activities or residence of that person; or
13895 (c) an individual whose name or other identifying information has been submitted
13896 pursuant to Subsection (2) has been adjudicated in a juvenile court of committing an act which
13897 if committed by an adult would be a felony or a misdemeanor if:
13898 (i) the individual is under the age of 28 years; or
13899 (ii) the individual is over the age of 28 and has been convicted, has pleaded no contest,
13900 or is currently subject to a plea in abeyance or diversion agreement for any felony or
13901 misdemeanor.
13902 (5) (a) The department shall:
13903 (i) designate two persons within the department to access:
13904 (A) the Licensing Information System described in Section 62A-4a-1006 ;
13905 (B) court records under Subsection 78-3a-320 (6);
13906 (C) the database described in Subsection (4)(b); and
13907 (D) juvenile court records as permitted by Subsection (4)(c); and
13908 (ii) adopt measures to:
13909 (A) protect the security of the Licensing Information System, the court records, and the
13910 database; and
13911 (B) strictly limit access to the Licensing Information System, the court records, and the
13912 database to those designated under Subsection (5)(a)(i).
13913 (b) Those designated under Subsection (5)(a)(i) shall receive training from the
13914 Department of Human Services with respect to:
13915 (i) accessing the Licensing Information System, the court records, and the database;
13916 (ii) maintaining strict security; and
13917 (iii) the criminal provisions in Section 62A-4a-412 for the improper release of
13918 information.
13919 (c) Those designated under Subsection (5)(a)(i):
13920 (i) are the only ones in the department with the authority to access the Licensing
13921 Information System, the court records, and database; and
13922 (ii) may only access the Licensing Information System, the court records, and the
13923 database for the purpose of licensing and in accordance with the provisions of Subsection (4).
13924 (6) Within ten days of initially hiring a covered individual, a covered health care
13925 facility shall submit the covered individual's information to the department in accordance with
13926 Subsection (2).
13927 (7) The department shall adopt rules under [
13928 3, Utah Administrative Rulemaking Act, consistent with this chapter, defining the
13929 circumstances under which a person who has been convicted of a criminal offense, or a person
13930 described in Subsection (4), may provide direct care to a patient in a covered health care
13931 facility, taking into account the nature of the criminal conviction or substantiated finding and
13932 its relation to patient care.
13933 (8) The department may, in accordance with Section 26-1-6 , assess reasonable fees for
13934 a criminal background check processed pursuant to this section.
13935 (9) The department may inform the covered health care facility of information
13936 discovered under Subsection (4) with respect to a covered individual.
13937 (10) A covered health care facility is not civilly liable for submitting information to the
13938 department as required by this section.
13939 Section 311. Section 26-21-23 is amended to read:
13940 26-21-23. Licensing of non-Medicaid nursing care facility beds.
13941 (1) Notwithstanding the provisions of Section 26-21-2 , for purposes of this section
13942 "nursing care facility" and "small health care facility":
13943 (a) mean the following facilities licensed by the department under this chapter:
13944 (i) skilled nursing homes;
13945 (ii) intermediate care facilities; or
13946 (iii) small health care facilities with four to sixteen beds functioning as a skilled
13947 nursing home; and
13948 (b) does not mean:
13949 (i) an intermediate care facility for the mentally retarded;
13950 (ii) a critical access hospital that meets the criteria of 42 U.S.C. 1395i-4(c)(2) (1998);
13951 (iii) a small health care facility which is hospital based; or
13952 (iv) a small health care facility other than a skilled nursing home with 16 beds or less.
13953 (2) Except as provided in Subsection (5), a new nursing care facility shall be approved
13954 for a health facility license only if the applicant proves to the division that:
13955 (a) the facility will be Medicaid certified under the provisions of Section 26-18-503 ;
13956 (b) the facility will have at least 120 beds; or
13957 (c) (i) the facility's projected Medicare inpatient revenues do not exceed 49% of the
13958 facility's revenues;
13959 (ii) the facility has identified projected non-Medicare inpatient revenue sources; and
13960 (iii) the non-Medicare inpatient revenue sources identified in this Subsection (2)(c)(iii)
13961 will constitute at least 51% of the revenues as demonstrated through an independently certified
13962 feasibility study submitted and paid for by the facility and provided to the division.
13963 (3) The division may not approve the addition of licensed beds in an existing nursing
13964 care facility unless the nursing care facility satisfies the criteria established in Subsection (2).
13965 (4) The department may make rules to administer and enforce this part in accordance
13966 with [
13967 (5) The provisions of Subsection (2) do not apply to a nursing care facility that has:
13968 (a) filed an application with the department and paid all applicable fees to the
13969 department on or before February 28, 2007; and
13970 (b) submitted to the department the working drawings, as defined by the department by
13971 administrative rule, on or before July 1, 2008.
13972 Section 312. Section 26-21a-203 is amended to read:
13973 26-21a-203. Department rulemaking authority.
13974 The department shall make rules under [
13975 Utah Administrative Rulemaking Act:
13976 (1) establishing quality assurance standards for all facilities performing screening or
13977 diagnostic mammography and developing mammogram x-ray films, including procedures for
13978 clinical follow-up of abnormal mammograms; and
13979 (2) providing for:
13980 (a) collection and periodic reporting of mammography examinations and clinical
13981 follow-up data to the department;
13982 (b) certification and revocation of certification of mammogram facilities;
13983 (c) inspection of mammogram facilities, including entry of agents of the department
13984 into the facilities for inspections;
13985 (d) setting fees for certification; and
13986 (e) an appeal process regarding department certification decisions.
13987 Section 313. Section 26-21a-205 is amended to read:
13988 26-21a-205. Department duties.
13989 The department shall:
13990 (1) enforce rules established under this part;
13991 (2) authorize qualified department agents to conduct inspections of mammogram
13992 facilities under department rules;
13993 (3) collect and credit fees for certification under Section [
13994 (4) provide necessary administrative and staff support to the committee.
13995 Section 314. Section 26-23-2 is amended to read:
13996 26-23-2. Administrative review of actions of department or director.
13997 Any person aggrieved by any action or inaction of the department or its executive
13998 director may request an adjudicative proceeding by following the procedures and requirements
13999 of [
14000 Section 315. Section 26-23b-110 is amended to read:
14001 26-23b-110. Information sharing with public safety authorities.
14002 (1) For purposes of this section, "public safety authority" means a local, state, or
14003 federal law enforcement authority including the Division of Homeland Security, emergency
14004 medical services personnel, and firefighters.
14005 (2) Notwithstanding the provisions of [
14006 Government Records Access and Management Act:
14007 (a) whenever a public safety authority suspects a case of a reportable illness or
14008 condition under the provisions of this chapter, it shall immediately notify the department;
14009 (b) whenever the department learns of a case of a reportable illness or condition under
14010 this chapter that it reasonably believes has the potential to be caused by one of the factors listed
14011 in Subsection 26-23b-103 (1), it shall immediately notify the appropriate public safety
14012 authority; and
14013 (c) sharing of information reportable under the provisions of this chapter between
14014 persons authorized by this chapter shall be limited to information necessary for the treatment,
14015 control, investigation, and prevention of a public health emergency.
14016 (3) Except to the extent inconsistent with this chapter, Sections 26-6-27 and 26-6-28
14017 apply to this chapter.
14018 Section 316. Section 26-25-2 is amended to read:
14019 26-25-2. Restrictions on use of data.
14020 (1) The information described in Subsection 26-25-1 (1) that is provided to the entities
14021 described in Subsection 26-25-1 (2) shall:
14022 (a) be used and disclosed by the entities described in Subsection 26-25-1 (2) in
14023 accordance with this chapter; and
14024 (b) is not subject to [
14025 Access and Management Act.
14026 (2) The Division of Substance Abuse and Mental Health within the Department of
14027 Human Services, scientific and health care research organizations affiliated with institutions of
14028 higher education, the Utah Medical Association or any of its allied medical societies, peer
14029 review committees, professional review organizations, professional societies and associations,
14030 or any health facility's in-house staff committee may only use or publish the information or
14031 material received or gathered under Section 26-25-1 for the purpose of study and advancing
14032 medical research or medical education in the interest of reducing the incidence of disease,
14033 morbidity, or mortality, except that a summary of studies conducted in accordance with Section
14034 26-25-1 may be released by those groups for general publication.
14035 Section 317. Section 26-33a-104 is amended to read:
14036 26-33a-104. Purpose, powers, and duties of the committee.
14037 (1) The purpose of the committee is to direct a statewide effort to collect, analyze, and
14038 distribute health care data to facilitate the promotion and accessibility of quality and
14039 cost-effective health care and also to facilitate interaction among those with concern for health
14040 care issues.
14041 (2) The committee shall:
14042 (a) develop and adopt by rule, following public hearing and comment, a health data
14043 plan that shall among its elements:
14044 (i) identify the key health care issues, questions, and problems amenable to resolution
14045 or improvement through better data, more extensive or careful analysis, or improved
14046 dissemination of health data;
14047 (ii) document existing health data activities in the state to collect, organize, or make
14048 available types of data pertinent to the needs identified in Subsection (2)(a)(i);
14049 (iii) describe and prioritize the actions suitable for the committee to take in response to
14050 the needs identified in Subsection (2)(a)(i) in order to obtain or to facilitate the obtaining of
14051 needed data, and to encourage improvements in existing data collection, interpretation, and
14052 reporting activities, and indicate how those actions relate to the activities identified under
14053 Subsection (2)(a)(ii);
14054 (iv) detail the types of data needed for the committee's work, the intended data
14055 suppliers, and the form in which such data are to be supplied, noting the consideration given to
14056 the potential alternative sources and forms of such data and to the estimated cost to the
14057 individual suppliers as well as to the department of acquiring these data in the proposed
14058 manner; the plan shall reasonably demonstrate that the committee has attempted to maximize
14059 cost-effectiveness in the data acquisition approaches selected;
14060 (v) describe the types and methods of validation to be performed to assure data validity
14061 and reliability;
14062 (vi) explain the intended uses of and expected benefits to be derived from the data
14063 specified in Subsection (2)(a)(iv), including the contemplated tabulation formats and analysis
14064 methods; the benefits described must demonstrably relate to one or more of the following:
14065 promoting quality health care, managing health care costs, or improving access to health care
14066 services;
14067 (vii) describe the expected processes for interpretation and analysis of the data flowing
14068 to the committee; noting specifically the types of expertise and participation to be sought in
14069 those processes; and
14070 (viii) describe the types of reports to be made available by the committee and the
14071 intended audiences and uses;
14072 (b) have the authority to collect, validate, analyze, and present health data in
14073 accordance with the plan while protecting individual privacy through the use of a control
14074 number as the health data identifier;
14075 (c) evaluate existing identification coding methods and, if necessary, require by rule
14076 that health data suppliers use a uniform system for identification of patients, health care
14077 facilities, and health care providers on health data they submit under this chapter;
14078 (d) report biennially to the governor and the Legislature on how the committee is
14079 meeting its responsibilities under this chapter; and
14080 (e) advise, consult, contract, and cooperate with any corporation, association, or other
14081 entity for the collection, analysis, processing, or reporting of health data identified by control
14082 number only in accordance with the plan.
14083 (3) The committee may adopt rules to carry out the provisions of this chapter in
14084 accordance with [
14085 Rulemaking Act.
14086 (4) Except for data collection, analysis, and validation functions described in this
14087 section, nothing in this chapter shall be construed to authorize or permit the committee to
14088 perform regulatory functions which are delegated by law to other agencies of the state or
14089 federal governments or to perform quality assurance or medical record audit functions that
14090 health care facilities, health care providers, or third party payors are required to conduct to
14091 comply with federal or state law. The committee shall not recommend or determine whether a
14092 health care provider, health care facility, third party payor, or self-funded employer is in
14093 compliance with federal or state laws including but not limited to federal or state licensure,
14094 insurance, reimbursement, tax, malpractice, or quality assurance statutes or common law.
14095 (5) Nothing in this chapter shall be construed to require a data supplier to supply health
14096 data identifying a patient by name or describing detail on a patient beyond that needed to
14097 achieve the approved purposes included in the plan.
14098 (6) No request for health data shall be made of health care providers and other data
14099 suppliers until a plan for the use of such health data has been adopted.
14100 (7) If a proposed request for health data imposes unreasonable costs on a data supplier,
14101 due consideration shall be given by the committee to altering the request. If the request is not
14102 altered, the committee shall pay the costs incurred by the data supplier associated with
14103 satisfying the request that are demonstrated by the data supplier to be unreasonable.
14104 (8) After a plan is adopted as provided in Section 26-33a-106.1 , the committee may
14105 require any data supplier to submit fee schedules, maximum allowable costs, area prevailing
14106 costs, terms of contracts, discounts, fixed reimbursement arrangements, capitations, or other
14107 specific arrangements for reimbursement to a health care provider.
14108 (9) The committee shall not publish any health data collected under Subsection (8)
14109 which would disclose specific terms of contracts, discounts, or fixed reimbursement
14110 arrangements, or other specific reimbursement arrangements between an individual provider
14111 and a specific payer.
14112 (10) Nothing in Subsection (8) shall prevent the committee from requiring the
14113 submission of health data on the reimbursements actually made to health care providers from
14114 any source of payment, including consumers.
14115 Section 318. Section 26-35a-106 is amended to read:
14116 26-35a-106. Restricted account -- Creation -- Deposits.
14117 (1) (a) There is created a restricted account in the General Fund known as the "Nursing
14118 Care Facilities Account" consisting of:
14119 (i) proceeds from the assessment imposed by Section 26-35a-104 which shall be
14120 deposited in the restricted account to be used for the purpose described in Subsection (1)(b);
14121 (ii) money appropriated or otherwise made available by the Legislature; and
14122 (iii) any interest earned on the account.
14123 (b) (i) Money in the account shall only be used:
14124 (A) to the extent authorized by federal law, to obtain federal financial participation in
14125 the Medicaid program; and
14126 (B) in the manner described in Subsection (1)(b)(ii).
14127 (ii) The money appropriated from the restricted account to the department:
14128 (A) shall be used only to increase the rates paid prior to the effective date of this act to
14129 nursing care facilities for providing services pursuant to the Medicaid program and for
14130 administrative expenses as described in Subsection (1)(b)(ii)(C);
14131 (B) may not be used to replace existing state expenditures paid to nursing care facilities
14132 for providing services pursuant to the Medicaid program; and
14133 (C) may be used for administrative expenses for implementation of this act, if the
14134 administrative expenses for the fiscal year do not exceed 3% of the money deposited into the
14135 restricted account during the fiscal year.
14136 (2) Money shall be appropriated from the restricted account to the department for the
14137 purposes described in Subsection (1)(b) in accordance with [
14138 Chapter 1, Budgetary Procedures Act.
14139 Section 319. Section 26-38-9 is amended to read:
14140 26-38-9. Enforcement of chapter.
14141 (1) The state Department of Health and local health departments shall:
14142 (a) enforce this chapter and shall coordinate their efforts to promote the most effective
14143 enforcement of this chapter; and
14144 (b) impose the penalties under Subsection 26-38-8 in accordance with this section.
14145 (2) When enforcing this chapter, the state Department of Health and the local health
14146 departments shall notify persons of alleged violations of this chapter, conduct hearings, and
14147 impose penalties in accordance with [
14148 Administrative Procedures Act.
14149 (3) Civil penalties collected under this section by:
14150 (a) a local health department shall be paid to the treasurer of the county in which the
14151 violation was committed; and
14152 (b) the state Department of Health shall be deposited in the General Fund.
14153 Section 320. Section 26-39-108 is amended to read:
14154 26-39-108. License violations -- Penalties.
14155 (1) The department may deny or revoke a license and otherwise invoke disciplinary
14156 penalties if it finds:
14157 (a) evidence of committing or of aiding, abetting, or permitting the commission of any
14158 illegal act on the premises of the child care facility;
14159 (b) a failure to meet the qualifications for licensure; or
14160 (c) conduct adverse to the public health, morals, welfare, and safety of children under
14161 its care.
14162 (2) The department may also place a department representative as a monitor in a
14163 facility, and may assess the cost of that monitoring to the facility, until the licensee has
14164 remedied the deficiencies that brought about the department action.
14165 (3) The department may impose civil monetary penalties in accordance with [
14166
14167 to comply with the provisions of this chapter, or rules promulgated pursuant to this chapter, as
14168 follows:
14169 (a) if significant problems exist that are likely to lead to the harm of a child, the
14170 department may impose a civil penalty of $50 to $1,000 per day; and
14171 (b) if significant problems exist that result in actual harm to a child, the department
14172 may impose a civil penalty of $1,050 to $5,000 per day.
14173 Section 321. Section 26-39-109 is amended to read:
14174 26-39-109. Investigations -- Records.
14175 (1) The department may conduct investigations necessary to enforce the provisions of
14176 this chapter.
14177 (2) For purposes of this section:
14178 (a) "Anonymous complainant" means a complainant for whom the department does not
14179 have the minimum personal identifying information necessary, including the complainant's full
14180 name, to attempt to communicate with the complainant after a complaint has been made.
14181 (b) "Confidential complainant" means a complainant for whom the department has the
14182 minimum personal identifying information necessary, including the complainant's full name, to
14183 attempt to communicate with the complainant after a complaint has been made, but who elects
14184 under Subsection (3)(c) not to be identified to the subject of the complaint.
14185 (c) "Subject of the complaint" means the licensee or certificate holder about whom the
14186 complainant is informing the department.
14187 (3) (a) If the department receives a complaint about a child care program or residential
14188 child care, the department shall:
14189 (i) solicit information from the complainant to determine whether the complaint
14190 suggests actions or conditions which could pose a serious risk to the safety or well-being of a
14191 child;
14192 (ii) as necessary:
14193 (A) encourage the complainant to disclose the minimum personal identifying
14194 information necessary, including the complainant's full name, for the department to attempt to
14195 subsequently communicate with the complainant;
14196 (B) inform the complainant that the department may not investigate an anonymous
14197 complaint;
14198 (C) inform the complainant that the identity of a confidential complainant may be
14199 withheld from the subject of a complaint only as provided in Subsection (3)(c)(ii); and
14200 (D) inform the complainant that the department may be limited in its use of
14201 information provided by a confidential complainant, as provided in Subsection (3)(c)(ii)(B);
14202 and
14203 (iii) inform the complainant that a person is guilty of a class B misdemeanor under
14204 Section 76-8-506 if the person gives false information to the department with a purpose of
14205 inducing a change in that person's or another person's licensing or certification status.
14206 (b) If the complainant elects to be an anonymous complainant, or if the complaint
14207 concerns events which occurred more than six weeks before the complainant contacted the
14208 department:
14209 (i) shall refer the information in the complaint to the Division of Child and Family
14210 Services within the Department of Human Services, law enforcement, or any other appropriate
14211 agency, if the complaint suggests actions or conditions which could pose a serious risk to the
14212 safety or well-being of a child;
14213 (ii) may not investigate or substantiate the complaint; and
14214 (iii) may, during a regularly scheduled annual survey, inform the licensee or certificate
14215 holder who is the subject of the complaint of allegations or concerns raised by:
14216 (A) the anonymous complainant; or
14217 (B) the complainant who reported events more than six weeks after the events
14218 occurred.
14219 (c) (i) If the complainant elects to be a confidential complainant, the department shall
14220 determine whether the complainant wishes to remain confidential:
14221 (A) only until the investigation of the complaint has been completed; or
14222 (B) indefinitely.
14223 (ii) (A) If the complainant elects to remain confidential only until the investigation of
14224 the complaint has been completed, the department shall disclose the name of the complainant
14225 to the subject of the complaint at the completion of the investigation, but no sooner.
14226 (B) If the complainant elects to remain confidential indefinitely, the department:
14227 (I) notwithstanding Subsection [
14228 of the complainant, including to the subject of the complaint; and
14229 (II) may not use information provided by the complainant to substantiate an alleged
14230 violation of state law or department rule unless the department independently corroborates the
14231 information.
14232 (4) (a) Prior to conducting an investigation of a child care program or residential child
14233 care in response to a complaint, a department investigator shall review the complaint with the
14234 investigator's supervisor.
14235 (b) The investigator may proceed with the investigation only if:
14236 (i) the supervisor determines the complaint is credible;
14237 (ii) the complaint is not from an anonymous complainant; and
14238 (iii) prior to the investigation, the investigator informs the subject of the complaint of:
14239 (A) except as provided in Subsection (3)(c), the name of the complainant; and
14240 (B) except as provided in Subsection (4)(c), the substance of the complaint.
14241 (c) An investigator is not required to inform the subject of a complaint of the substance
14242 of the complaint prior to an investigation if doing so would jeopardize the investigation.
14243 However, the investigator shall inform the subject of the complaint of the substance of the
14244 complaint as soon as doing so will no longer jeopardize the investigation.
14245 (5) If the department is unable to substantiate a complaint, any record related to the
14246 complaint or the investigation of the complaint:
14247 (a) shall be classified under [
14248 Records Access and Management Act, as:
14249 (i) a private or controlled record if appropriate under Section [
14250 [
14251 (ii) a protected record under Section [
14252 (b) if disclosed in accordance with Subsection [
14253 identify an individual child care program, licensee, certificate holder, or complainant.
14254 (6) Any record of the department related to a complaint by an anonymous complainant
14255 is a protected record under [
14256 Access and Management Act, and, notwithstanding Subsection [
14257 may not be disclosed in a manner that identifies an individual child care program, licensee,
14258 certificate holder, or complainant.
14259 Section 322. Section 26-40-103 is amended to read:
14260 26-40-103. Creation and administration of the Utah Children's Health Insurance
14261 Program.
14262 (1) There is created the Utah Children's Health Insurance Program to be administered
14263 by the department in accordance with the provisions of:
14264 (a) this chapter; and
14265 (b) the State Children's Health Insurance Program, 42 U.S.C. Sec. 1397aa et seq.
14266 (2) The department shall:
14267 (a) prepare and submit the state's children's health insurance plan before May 1, 1998,
14268 and any amendments to the federal Department of Health and Human Services in accordance
14269 with 42 U.S.C. Sec. 1397ff; and
14270 (b) make rules in accordance with [
14271 Administrative Rulemaking Act regarding:
14272 (i) eligibility requirements consistent with Subsection 26-18-3 (6);
14273 (ii) program benefits;
14274 (iii) the level of coverage for each program benefit;
14275 (iv) cost-sharing requirements for enrollees, which may not:
14276 (A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
14277 (B) impose deductible, copayment, or coinsurance requirements on an enrollee for
14278 well-child, well-baby, and immunizations; and
14279 (v) the administration of the program.
14280 Section 323. Section 26-40-110 is amended to read:
14281 26-40-110. Managed care -- Contracting for services.
14282 (1) Services provided to enrollees under the program shall be delivered in a managed
14283 care system if services are available within 30 paved road miles of where the enrollee lives or
14284 resides. Otherwise, the program may provide services to enrollees through fee for service
14285 plans.
14286 (2) Before awarding a contract to a managed care system or fee for service plan to
14287 provide services under Subsection (1) or determining that no bid or proposal received in
14288 response to such a request is acceptable, the executive director shall report that information to
14289 and seek recommendations from the Health Advisory Council created in Section 26-1-7.5 .
14290 (3) If after seeking the recommendation of the Health Advisory Council under
14291 Subsection (2), the executive director determines that no bid or proposal received in response
14292 to such a request is acceptable or if no bid or proposal has been received in response to such a
14293 request, the department may contract with the Group Insurance Division within the Utah State
14294 Retirement Office to provide services under Subsection (1).
14295 (4) [
14296 this section.
14297 Section 324. Section 26-41-104 is amended to read:
14298 26-41-104. Training in use of epinephrine auto-injector.
14299 (1) Each primary and secondary school in the state, both public and private, may
14300 designate one or more school personnel who volunteers to receive initial and annual refresher
14301 training from the school nurse or other qualified person designated by the school district
14302 physician, the medical director of the local health department, or the local emergency medical
14303 services director regarding the storage and emergency use of an epinephrine auto-injector.
14304 (2) A person who provides training under Subsection (1) or (6) shall include in the
14305 training:
14306 (a) techniques for recognizing symptoms of anaphylaxis;
14307 (b) standards and procedures for the storage and emergency use of epinephrine
14308 auto-injectors;
14309 (c) emergency follow-up procedures, including calling the emergency 911 number and
14310 contacting, if possible, the student's parent and physician; and
14311 (d) written materials covering the information required under this Subsection (2).
14312 (3) A designated person shall retain for reference the written materials prepared in
14313 accordance with Subsection (2)(d).
14314 (4) A public school shall permit a student to possess an epinephrine auto-injector or
14315 possess and self-administer an epinephrine auto-injector if:
14316 (a) the student's parent or guardian signs a statement:
14317 (i) authorizing the student to possess or possess and self-administer an epinephrine
14318 auto-injector; and
14319 (ii) acknowledging that the student is responsible for, and capable of, possessing or
14320 possessing and self-administering an epinephrine auto-injector; and
14321 (b) the student's health care provider provides a written statement that states that it is
14322 medically appropriate for the student to possess or possess and self-administer an epinephrine
14323 auto-injector and the student should be in possession of the epinephrine auto-injector at all
14324 times.
14325 (5) The Utah Department of Health, in cooperation with the state superintendent of
14326 public instruction, shall design forms to be used by public schools for the parental and health
14327 care providers statements described in Subsection (6).
14328 (6) (a) The department:
14329 (i) shall approve educational programs conducted by other persons, to train people
14330 under Subsection (6)(b) of this section, regarding the use and storage of emergency epinephrine
14331 auto-injectors; and
14332 (ii) may, as funding is available, conduct educational programs to train people
14333 regarding the use of and storage of emergency epinephrine auto-injectors.
14334 (b) A person designated to receive training to administer an epinephrine auto-injector
14335 under the provisions of this Subsection (6) must demonstrate a need for the training to the
14336 department, which may be based upon occupational, volunteer, or family circumstances, and
14337 shall include:
14338 (i) camp counselors;
14339 (ii) scout leaders;
14340 (iii) forest rangers;
14341 (iv) tour guides; and
14342 (v) other persons who have or reasonably expect to have responsibility for at least one
14343 other person as a result of the person's occupational or volunteer status.
14344 (7) The department shall adopt rules in accordance with [
14345 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
14346 (a) establish and approve training programs in accordance with this section; and
14347 (b) establish a procedure for determining the need for training under Subsection
14348 (6)(b)(v).
14349 Section 325. Section 26-42-104 is amended to read:
14350 26-42-104. Enforcement by state and local health departments.
14351 The state Department of Health and the local health departments shall enforce this
14352 chapter under the procedures of [
14353 Procedures Act, as an informal adjudicative proceeding, including:
14354 (1) notifying licensees of alleged violations of Section 26-42-103 ;
14355 (2) conducting hearings;
14356 (3) determining violations of this chapter; and
14357 (4) imposing civil monetary administrative penalties.
14358 Section 326. Section 26-43-103 is amended to read:
14359 26-43-103. Disclosure of information.
14360 Information obtained by the department under this chapter is a public record and may
14361 be disclosed in accordance with Section [
14362 the department.
14363 Section 327. Section 26-46-102 is amended to read:
14364 26-46-102. Creation of program -- Duties of department.
14365 (1) There is created within the department the Utah Health Care Workforce Financial
14366 Assistance Program to provide professional education scholarships and loan repayment
14367 assistance to health care professionals who locate or continue to practice in underserved areas.
14368 (2) In accordance with [
14369 Administrative Rulemaking Act, the department shall make rules governing the administration
14370 of the program, including rules that address:
14371 (a) application procedures;
14372 (b) eligibility criteria;
14373 (c) selection criteria;
14374 (d) service conditions, which at a minimum shall include professional service in an
14375 underserved area for a minimum period of time by any person receiving a scholarship or loan
14376 repayment assistance;
14377 (e) penalties for failure to comply with service conditions or other terms of a
14378 scholarship or loan repayment contract;
14379 (f) criteria for modifying or waiving service conditions or penalties in case of extreme
14380 hardship or other good cause; and
14381 (g) administration of contracts entered into before the effective date of this act,
14382 between the department and scholarship or loan repayment recipients under Title 26, Chapter 9,
14383 Part 2, Physicians and Physician Assistants Grant and Scholarship Program, Title 26, Chapter
14384 9d, Nurse Education Financial Assistance, or Title 26, Chapter 9e, Special Population Health
14385 Care Provider Financial Assistance and Retention Act.
14386 (3) The department shall seek and consider the recommendations of the Utah Health
14387 Care Workforce Financial Assistance Program Advisory Committee created under Section
14388 26-46-103 as it develops and modifies rules to administer the program.
14389 (4) Funding for the program shall be a line item within the appropriations act, shall be
14390 nonlapsing unless designated otherwise, and may be used to cover administrative costs of the
14391 program, including reimbursement expenses of the Utah Health Care Workforce Financial
14392 Assistance Program Advisory Committee created under Section 26-46-103 .
14393 (5) Loan repayments and payments resulting from breach of contract are dedicated
14394 credits to the program.
14395 (6) The department shall prepare an annual report on the revenues, expenditures, and
14396 outcomes of the program.
14397 Section 328. Section 26-47-103 is amended to read:
14398 26-47-103. Department to award grants for assistance to persons with bleeding
14399 disorders.
14400 (1) For purposes of this section:
14401 (a) "Hemophilia services" means a program for medical care, including the costs of
14402 blood transfusions, and the use of blood derivatives and blood clotting factors.
14403 (b) "Person with a bleeding disorder" means a person:
14404 (i) who is medically diagnosed with hemophilia or a bleeding disorder;
14405 (ii) who is not eligible for Medicaid or the Children's Health Insurance Program; and
14406 (iii) who has either:
14407 (A) insurance coverage that excludes coverage for hemophilia services;
14408 (B) exceeded [
14409 (C) exceeded [
14410 Title 31A, Chapter 29, Comprehensive Health Insurance Pool Act; or
14411 (D) insurance coverage available under either private health insurance, Title 31A,
14412 Chapter 29, Comprehensive Health Insurance Pool Act, Utah mini COBRA coverage under
14413 Section 31A-22-722 , or federal COBRA coverage, but the premiums for that coverage are
14414 greater than a percentage of the person's annual adjusted gross income as established by the
14415 department by administrative rule.
14416 (2) (a) Within appropriations specified by the Legislature for this purpose, the
14417 department shall make grants to public and nonprofit entities who assist persons with bleeding
14418 disorders with the cost of obtaining hemophilia services or the cost of insurance premiums for
14419 coverage of hemophilia services.
14420 (b) Applicants for grants under this section:
14421 (i) must be submitted to the department in writing; and
14422 (ii) must comply with Subsection (3).
14423 (3) Applications for grants under this section shall include:
14424 (a) a statement of specific, measurable objectives, and the methods to be used to assess
14425 the achievement of those objectives;
14426 (b) a description of the personnel responsible for carrying out the activities of the grant
14427 along with a statement justifying the use of any grant funds for the personnel;
14428 (c) letters and other forms of evidence showing that efforts have been made to secure
14429 financial and professional assistance and support for the services to be provided under the
14430 grant;
14431 (d) a list of services to be provided by the applicant;
14432 (e) the schedule of fees to be charged by the applicant; and
14433 (f) other provisions as determined by the department.
14434 (4) The department may accept grants, gifts, and donations of money or property for
14435 use by the grant program.
14436 (5) (a) The department shall establish rules in accordance with [
14437 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the application form,
14438 process, and criteria it will use in awarding grants under this section.
14439 (b) The department shall report to the Health and Human Services Interim Committee
14440 and to the Legislative Executive Appropriations Committee by November 1, 2006, and every
14441 year thereafter on the implementation of the grant program.
14442 Section 329. Section 26-48-102 is amended to read:
14443 26-48-102. Cat and Dog Community Spay and Neuter Program Restricted
14444 Account -- Interest -- Use of contributions and interest.
14445 (1) There is created within the General Fund the Cat and Dog Community Spay and
14446 Neuter Program Restricted Account.
14447 (2) The account shall be funded by contributions deposited into the Cat and Dog
14448 Community Spay and Neuter Program Restricted Account in accordance with Section
14449 59-10-550.2 .
14450 (3) (a) The Cat and Dog Community Spay and Neuter Program Restricted Account
14451 shall earn interest.
14452 (b) Interest earned on the Cat and Dog Community Spay and Neuter Program
14453 Restricted Account shall be deposited into the Cat and Dog Community Spay and Neuter
14454 Program Restricted Account.
14455 (4) The department shall distribute contributions and interest deposited into the Cat and
14456 Dog Community Spay and Neuter Program Restricted Account to one or more organizations
14457 that:
14458 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
14459 Code;
14460 (b) operate a mobile spay and neuter clinic for cats and dogs;
14461 (c) provide annual spay and neuter services at the mobile spay and neuter clinic
14462 described in Subsection (4)(b):
14463 (i) to one or more communities in at least 20 counties in the state; and
14464 (ii) by veterinarians who are licensed by Title 58, Chapter 28, Veterinary Practice Act;
14465 and
14466 (d) (i) spay and neuter cats and dogs owned by persons having low incomes; and
14467 (ii) have established written guidelines for determining what constitutes a person
14468 having a low income in accordance with any rules made by the department as authorized by
14469 Subsection (5)(c).
14470 (5) (a) An organization described in Subsection (4) may apply to the department to
14471 receive a distribution in accordance with Subsection (4).
14472 (b) An organization that receives a distribution from the department in accordance with
14473 Subsection (4):
14474 (i) shall expend the distribution only to spay or neuter dogs and cats:
14475 (A) owned by persons having low incomes;
14476 (B) by veterinarians who are licensed by Title 58, Chapter 28, Veterinary Practice Act;
14477 (C) through a statewide voucher program; and
14478 (D) at a location that:
14479 (I) is not a mobile spay and neuter clinic; and
14480 (II) does not receive any funding from a governmental entity; and
14481 (ii) may not expend the distribution for any administrative cost relating to an
14482 expenditure authorized by Subsection (5)(b)(i).
14483 (c) In accordance with [
14484 Administrative Rulemaking Act, the department may make rules:
14485 (i) providing procedures and requirements for an organization to apply to the
14486 department to receive a distribution in accordance with Subsection (4); and
14487 (ii) to define what constitutes a person having a low income.
14488 Section 330. Section 26A-1-108.7 is amended to read:
14489 26A-1-108.7. Procurement -- Use of recycled goods.
14490 The procurement officer or other person responsible for purchasing supplies for each
14491 local health department shall:
14492 (1) maintain for reference a copy of the current listing of recycled items available on
14493 state contract as issued by the chief procurement officer under Section [
14494 and
14495 (2) give recycled items consideration when inviting bids and purchasing supplies, in
14496 compliance with Section 11-37-101 .
14497 Section 331. Section 30-2-11 is amended to read:
14498 30-2-11. Action for consortium due to personal injury.
14499 (1) For purposes of this section:
14500 (a) "injury" or "injured" means a significant permanent injury to a person that
14501 substantially changes that person's lifestyle and includes the following:
14502 (i) a partial or complete paralysis of one or more of the extremities;
14503 (ii) significant disfigurement; or
14504 (iii) incapability of the person of performing the types of jobs the person performed
14505 before the injury; and
14506 (b) "spouse" means the legal relationship:
14507 (i) established between a man and a woman as recognized by the laws of this state; and
14508 (ii) existing at the time of the person's injury.
14509 (2) The spouse of a person injured by a third party on or after May 4, 1997, may
14510 maintain an action against the third party to recover for loss of consortium.
14511 (3) A claim for loss of consortium begins on the date of injury to the spouse. The
14512 statute of limitations applicable to the injured person shall also apply to the spouse's claim of
14513 loss of consortium.
14514 (4) A claim for the spouse's loss of consortium shall be:
14515 (a) made at the time the claim of the injured person is made and joinder of actions shall
14516 be compulsory; and
14517 (b) subject to the same defenses, limitations, immunities, and provisions applicable to
14518 the claims of the injured person.
14519 (5) The spouse's action for loss of consortium:
14520 (a) shall be derivative from the cause of action existing in behalf of the injured person;
14521 and
14522 (b) may not exist in cases where the injured person would not have a cause of action.
14523 (6) Fault of the spouse of the injured person, as well as fault of the injured person, shall
14524 be compared with the fault of all other parties, pursuant to Sections 78-27-37 through
14525 78-27-43 , for purposes of reducing or barring any recovery by the spouse for loss of
14526 consortium.
14527 (7) Damages awarded for loss of consortium, when combined with any award to the
14528 injured person for general damages, may not exceed any applicable statutory limit on
14529 noneconomic damages, including Section 78-14-7.1 .
14530 (8) Damages awarded for loss of consortium which a governmental entity is required to
14531 pay, when combined with any award to the injured person which a governmental entity is
14532 required to pay, may not exceed the liability limit for one person in any one occurrence under
14533 [
14534 Section 332. Section 30-3-11.3 is amended to read:
14535 30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
14536 Curriculum -- Exceptions.
14537 (1) There is established a mandatory course for divorcing parents as a pilot program in
14538 the third and fourth judicial districts to be administered by the Administrative Office of the
14539 Courts from July 1, 1992, to June 30, 1994. On July 1, 1994, an approved course shall be
14540 implemented in all judicial districts. The mandatory course is designed to educate and
14541 sensitize divorcing parties to their children's needs both during and after the divorce process.
14542 (2) The Judicial Council shall adopt rules to implement and administer this program.
14543 (3) As a prerequisite to receiving a divorce decree, both parties are required to attend a
14544 mandatory course on their children's needs after filing a complaint for divorce and receiving a
14545 docket number, unless waived under Section 30-3-4 . If that requirement is waived, the court
14546 may permit the divorce action to proceed.
14547 (4) The court may require unmarried parents to attend this educational course when
14548 those parents are involved in a visitation or custody proceeding before the court.
14549 (5) The mandatory course shall instruct both parties about divorce and its impacts on:
14550 (a) their child or children;
14551 (b) their family relationship;
14552 (c) their financial responsibilities for their child or children; and
14553 (d) that domestic violence has a harmful effect on children and family relationships.
14554 (6) The Administrative Office of the Courts shall administer the course pursuant to
14555 [
14556 contracts and organize the program in each of Utah's judicial districts. The contracts shall
14557 provide for the recoupment of administrative expenses through the costs charged to individual
14558 parties, pursuant to Subsection (8).
14559 (7) A certificate of completion constitutes evidence to the court of course completion
14560 by the parties.
14561 (8) (a) Each party shall pay the costs of the course to the independent contractor
14562 providing the course at the time and place of the course. A fee of $8 shall be collected, as part
14563 of the course fee paid by each participant, and deposited in the Children's Legal Defense
14564 Account, described in Section [
14565 (b) Each party who is unable to pay the costs of the course may attend the course
14566 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
14567 impecuniosity filed in the district court. In those situations, the independent contractor shall be
14568 reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
14569 "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
14570 may be entered, the court shall make a final review and determination of impecuniosity and
14571 may order the payment of the costs if so determined.
14572 (9) Appropriations from the General Fund to the Administrative Office of the Courts
14573 for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
14574 the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
14575 (10) The Administrative Office of the Courts shall adopt a program to evaluate the
14576 effectiveness of the mandatory educational course. Progress reports shall be provided annually
14577 to the Judiciary Interim Committee.
14578 Section 333. Section 30-3-11.4 is amended to read:
14579 30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
14580 Curriculum -- Exceptions.
14581 (1) There is established a mandatory divorce orientation course for all parties with
14582 minor children who file a petition for temporary separation or for a divorce. A couple with no
14583 minor children are not required, but may choose to attend the course. The purpose of the
14584 course shall be to educate parties about the divorce process and reasonable alternatives.
14585 (2) A petitioner shall attend a divorce orientation course no more than 60 days after
14586 filing a petition for divorce.
14587 (3) The respondent shall attend the divorce orientation course no more than 30 days
14588 after being served with a petition for divorce.
14589 (4) The clerk of the court shall provide notice to a petitioner of the requirement for the
14590 course, and information regarding the course shall be included with the petition or motion,
14591 when served on the respondent.
14592 (5) The divorce orientation course shall be neutral, unbiased, at least one hour in
14593 duration, and include:
14594 (a) options available as alternatives to divorce;
14595 (b) resources available from courts and administrative agencies for resolving custody
14596 and support issues without filing for divorce;
14597 (c) resources available to improve or strengthen the marriage;
14598 (d) a discussion of the positive and negative consequences of divorce;
14599 (e) a discussion of the process of divorce;
14600 (f) options available for proceeding with a divorce, including:
14601 (i) mediation;
14602 (ii) collaborative law; and
14603 (iii) litigation; and
14604 (g) a discussion of post-divorce resources.
14605 (6) The course may be provided in conjunction with the mandatory course for
14606 divorcing parents required by Section 30-3-11.3 .
14607 (7) The Administrative Office of the Courts shall administer the course pursuant to
14608 [
14609 contracts.
14610 (8) Each participant shall pay the costs of the course, which may not exceed $20, to the
14611 independent contractor providing the course at the time and place of the course.
14612 (a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
14613 deposited in the Children's Legal Defense Account described in Section [
14614 (b) A participant who is unable to pay the costs of the course may attend without
14615 payment and request an Affidavit of Impecuniosity from the provider to be filed with the
14616 petition or motion. The provider shall be reimbursed for its costs by the Administrative Office
14617 of the Courts. A petitioner who is later determined not to meet the qualifications for
14618 impecuniosity may be ordered to pay the costs of the course.
14619 (9) Appropriations from the General Fund to the Administrative Office of the Courts
14620 for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
14621 determined to be impecunious as provided in Subsection (8)(b).
14622 (10) The Online Court Assistance Program shall include instructions with the forms for
14623 divorce which inform the petitioner of the requirement of this section.
14624 (11) Both parties shall attend a divorce orientation course before a divorce decree may
14625 be entered, unless waived by the court. A certificate of completion constitutes evidence to the
14626 court of course completion by the parties.
14627 (12) It shall be an affirmative defense in all divorce actions that the divorce orientation
14628 requirement was not complied with, and the action may not continue until a party has
14629 complied.
14630 (13) The Administrative Office of the Courts shall adopt a program to evaluate the
14631 effectiveness of the mandatory educational course. Progress reports shall be provided annually
14632 to the Judiciary Interim Committee.
14633 Section 334. Section 30-3-38 is amended to read:
14634 30-3-38. Pilot Program for Expedited Parent-time Enforcement.
14635 (1) There is established an Expedited Parent-time Enforcement Pilot Program in the
14636 third judicial district to be administered by the Administrative Office of the Courts from July 1,
14637 2003, to July 1, 2007.
14638 (2) As used in this section:
14639 (a) "Mediator" means a person who:
14640 (i) is qualified to mediate parent-time disputes under criteria established by the
14641 Administrative Office of the Courts; and
14642 (ii) agrees to follow billing guidelines established by the Administrative Office of the
14643 Courts and this section.
14644 (b) "Services to facilitate parent-time" or "services" means services designed to assist
14645 families in resolving parent-time problems through:
14646 (i) counseling;
14647 (ii) supervised parent-time;
14648 (iii) neutral drop-off and pick-up;
14649 (iv) educational classes; and
14650 (v) other related activities.
14651 (3) (a) Under this pilot program, if a parent files a motion in the third district court
14652 alleging that court-ordered parent-time rights are being violated, the clerk of the court, after
14653 assigning the case to a judge, shall refer the case to the administrator of this pilot program for
14654 assignment to a mediator.
14655 (b) Upon receipt of a case, the mediator shall:
14656 (i) meet with the parents to address parent-time issues within 15 days of the motion
14657 being filed;
14658 (ii) assess the situation;
14659 (iii) facilitate an agreement on parent-time between the parents; and
14660 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
14661 warranted.
14662 (c) While a case is in mediation, a mediator may refer the parents to a service provider
14663 designated by the Department of Human Services for services to facilitate parent-time if:
14664 (i) the services may be of significant benefit to the parents; or
14665 (ii) (A) a mediated agreement between the parents is unlikely; and
14666 (B) the services may facilitate an agreement.
14667 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
14668 case to the administrator of the pilot program for referral to the judge or court commissioner to
14669 whom the case was assigned under Subsection (3)(a) if:
14670 (i) a written agreement between the parents is reached; or
14671 (ii) the parents are unable to reach an agreement through mediation and:
14672 (A) the parents have received services to facilitate parent-time;
14673 (B) both parents object to receiving services to facilitate parent-time; or
14674 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
14675 (e) Upon receiving a case from the administrator of the pilot program, a judge or court
14676 commissioner may:
14677 (i) review the agreement of the parents and, if acceptable, sign it as an order;
14678 (ii) order the parents to receive services to facilitate parent-time;
14679 (iii) proceed with the case; or
14680 (iv) take other appropriate action.
14681 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
14682 child who is the subject of a parent-time order against the other parent or a member of the other
14683 parent's household to a mediator or service provider, the mediator or service provider shall
14684 immediately report that information to:
14685 (i) the judge assigned to the case who may immediately issue orders and take other
14686 appropriate action to resolve the allegation and protect the child; and
14687 (ii) the Division of Child and Family Services within the Department of Human
14688 Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
14689 Reporting Requirements.
14690 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
14691 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
14692 order of the court, be supervised until:
14693 (i) the allegation has been resolved; or
14694 (ii) a court orders otherwise.
14695 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
14696 mediate parent-time problems and a service provider may continue to provide services to
14697 facilitate parent-time unless otherwise ordered by a court.
14698 (5) (a) The Department of Human Services may contract with one or more entities in
14699 accordance with [
14700 provide:
14701 (i) services to facilitate parent-time;
14702 (ii) case management services; and
14703 (iii) administrative services.
14704 (b) An entity who contracts with the Department of Human Services under Subsection
14705 (5)(a) shall:
14706 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
14707 (ii) agree to follow billing guidelines established by the Department of Human Services
14708 and this section.
14709 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
14710 (i) reduced to a sum certain;
14711 (ii) divided equally between the parents; and
14712 (iii) charged against each parent taking into account the ability of that parent to pay
14713 under billing guidelines adopted in accordance with this section.
14714 (b) A judge may order a parent to pay an amount in excess of that provided for in
14715 Subsection (6)(a) if the parent:
14716 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
14717 or
14718 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
14719 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
14720 parents at periodic intervals.
14721 (ii) Mediation and services to facilitate parent-time may only be terminated on the
14722 ground of nonpayment if both parents are delinquent.
14723 (7) If a parent fails to cooperate in good faith in mediation or services to facilitate
14724 parent-time, a court may order, in subsequent proceedings, a temporary change in custody or
14725 parent-time.
14726 (8) (a) The Judicial Council may make rules to implement and administer the
14727 provisions of this pilot program related to mediation.
14728 (b) The Department of Human Services may make rules to implement and administer
14729 the provisions of this pilot program related to services to facilitate parent-time.
14730 (9) (a) The Administrative Office of the Courts shall adopt outcome measures to
14731 evaluate the effectiveness of the mediation component of this pilot program. Progress reports
14732 shall be provided to the Judiciary Interim Committee as requested by the committee. At least
14733 once during this pilot program, the Administrative Office of the Courts shall present to the
14734 committee the results of a survey that measures the effectiveness of the program in terms of
14735 increased compliance with parent-time orders and the responses of interested persons.
14736 (b) The Department of Human Services shall adopt outcome measures to evaluate the
14737 effectiveness of the services component of this pilot program. Progress reports shall be
14738 provided to the Judiciary Interim Committee as requested by the committee.
14739 (c) The Administrative Office of the Courts and the Department of Human Services
14740 may adopt joint outcome measures and file joint reports to satisfy the requirements of
14741 Subsections (8)(a) and (b).
14742 (10) (a) The Department of Human Services shall, by following the procedures and
14743 requirements of [
14744 for federal funds as available.
14745 (b) This pilot program shall be funded through funds received under Subsection
14746 (10)(a).
14747 Section 335. Section 31A-1-103 is amended to read:
14748 31A-1-103. Scope and applicability of title.
14749 (1) This title does not apply to:
14750 (a) a retainer contract made by an attorney-at-law:
14751 (i) with an individual client; and
14752 (ii) under which fees are based on estimates of the nature and amount of services to be
14753 provided to the specific client;
14754 (b) a contract similar to a contract described in Subsection (1)(a) made with a group of
14755 clients involved in the same or closely related legal matters;
14756 (c) an arrangement for providing benefits that do not exceed a limited amount of
14757 consultations, advice on simple legal matters, either alone or in combination with referral
14758 services, or the promise of fee discounts for handling other legal matters;
14759 (d) limited legal assistance on an informal basis involving neither an express
14760 contractual obligation nor reasonable expectations, in the context of an employment,
14761 membership, educational, or similar relationship;
14762 (e) legal assistance by employee organizations to their members in matters relating to
14763 employment; or
14764 (f) death, accident, health, or disability benefits provided to a person by an organization
14765 or its affiliate if:
14766 (i) the organization is tax exempt under Section 501(c)(3) of the Internal Revenue
14767 Code and has had its principal place of business in Utah for at least five years;
14768 (ii) the person is not an employee of the organization; and
14769 (iii) (A) substantially all the person's time in the organization is spent providing
14770 voluntary services:
14771 (I) in furtherance of the organization's purposes;
14772 (II) for a designated period of time; and
14773 (III) for which no compensation, other than expenses, is paid; or
14774 (B) the time since the service under Subsection (1)(f)(iii)(A) was completed is no more
14775 than 18 months.
14776 (2) (a) This title restricts otherwise legitimate business activity.
14777 (b) What this title does not prohibit is permitted unless contrary to other provisions of
14778 Utah law.
14779 (3) Except as otherwise expressly provided, this title does not apply to:
14780 (a) those activities of an insurer where state jurisdiction is preempted by Section 514 of
14781 the federal Employee Retirement Income Security Act of 1974, as amended;
14782 (b) ocean marine insurance;
14783 (c) death, accident, health, or disability benefits provided by an organization if the
14784 organization:
14785 (i) has as its principal purpose to achieve charitable, educational, social, or religious
14786 objectives rather than to provide death, accident, health, or disability benefits;
14787 (ii) does not incur a legal obligation to pay a specified amount; and
14788 (iii) does not create reasonable expectations of receiving a specified amount on the part
14789 of an insured person;
14790 (d) other business specified in rules adopted by the commissioner on a finding that:
14791 (i) the transaction of the business in this state does not require regulation for the
14792 protection of the interests of the residents of this state; or
14793 (ii) it would be impracticable to require compliance with this title;
14794 (e) except as provided in Subsection (4), a transaction independently procured through
14795 negotiations under Section 31A-15-104 ;
14796 (f) self-insurance;
14797 (g) reinsurance;
14798 (h) subject to Subsection (5), employee and labor union group or blanket insurance
14799 covering risks in this state if:
14800 (i) the policyholder exists primarily for purposes other than to procure insurance;
14801 (ii) the policyholder:
14802 (A) is not a resident of this state;
14803 (B) is not a domestic corporation; or
14804 (C) does not have its principal office in this state;
14805 (iii) no more than 25% of the certificate holders or insureds are residents of this state;
14806 (iv) on request of the commissioner, the insurer files with the department a copy of the
14807 policy and a copy of each form or certificate; and
14808 (v) (A) the insurer agrees to pay premium taxes on the Utah portion of its business, as
14809 if it were authorized to do business in this state; and
14810 (B) the insurer provides the commissioner with the security the commissioner
14811 considers necessary for the payment of premium taxes under Title 59, Chapter 9, Taxation of
14812 Admitted Insurers;
14813 (i) to the extent provided in Subsection (6):
14814 (i) a manufacturer's or seller's warranty; and
14815 (ii) a manufacturer's or seller's service contract; or
14816 (j) except to the extent provided in Subsection (7), a public agency insurance mutual.
14817 (4) A transaction described in Subsection (3)(e) is subject to taxation under Section
14818 31A-3-301 .
14819 (5) (a) After a hearing, the commissioner may order an insurer of certain group or
14820 blanket contracts to transfer the Utah portion of the business otherwise exempted under
14821 Subsection (3)(h) to an authorized insurer if the contracts have been written by an unauthorized
14822 insurer.
14823 (b) If the commissioner finds that the conditions required for the exemption of a group
14824 or blanket insurer are not satisfied or that adequate protection to residents of this state is not
14825 provided, the commissioner may require:
14826 (i) the insurer to be authorized to do business in this state; or
14827 (ii) that any of the insurer's transactions be subject to this title.
14828 (6) (a) As used in Subsection (3)(i) and this Subsection (6):
14829 (i) "manufacturer's or seller's service contract" means a service contract:
14830 (A) made available by:
14831 (I) a manufacturer of a product;
14832 (II) a seller of a product; or
14833 (III) an affiliate of a manufacturer or seller of a product;
14834 (B) made available:
14835 (I) on one or more specific products; or
14836 (II) on products that are components of a system; and
14837 (C) under which the person described in Subsection (6)(a)(i)(A) is liable for services to
14838 be provided under the service contract including, if the manufacturer's or seller's service
14839 contract designates, providing parts and labor;
14840 (ii) "manufacturer's or seller's warranty" means the guaranty of:
14841 (A) (I) the manufacturer of a product;
14842 (II) a seller of a product; or
14843 (III) an affiliate of a manufacturer or seller of a product;
14844 (B) (I) on one or more specific products; or
14845 (II) on products that are components of a system; and
14846 (C) under which the person described in Subsection (6)(a)(ii)(A) is liable for services
14847 to be provided under the warranty, including, if the manufacturer's or seller's warranty
14848 designates, providing parts and labor; and
14849 (iii) "service contract" is as defined in Section 31A-6a-101 .
14850 (b) A manufacturer's or seller's warranty may be designated as:
14851 (i) a warranty;
14852 (ii) a guaranty; or
14853 (iii) a term similar to a term described in Subsection (6)(b)(i) or (ii).
14854 (c) This title does not apply to:
14855 (i) a manufacturer's or seller's warranty;
14856 (ii) a manufacturer's or seller's service contract paid for with consideration that is in
14857 addition to the consideration paid for the product itself; and
14858 (iii) a service contract that is not a manufacturer's or seller's warranty or manufacturer's
14859 or seller's service contract if:
14860 (A) the service contract is paid for with consideration that is in addition to the
14861 consideration paid for the product itself;
14862 (B) the service contract is for the repair or maintenance of goods;
14863 (C) the cost of the product is equal to an amount determined in accordance with
14864 Subsection (6)(e); and
14865 (D) the product is not a motor vehicle.
14866 (d) This title does not apply to a manufacturer's or seller's warranty or service contract
14867 paid for with consideration that is in addition to the consideration paid for the product itself
14868 regardless of whether the manufacturer's or seller's warranty or service contract is sold:
14869 (i) at the time of the purchase of the product; or
14870 (ii) at a time other than the time of the purchase of the product.
14871 (e) (i) For fiscal year 2001-02, the amount described in Subsection (6)(c)(iii)(C) shall
14872 be equal to $3,700 or less.
14873 (ii) For each fiscal year after fiscal year 2001-02, the commissioner shall annually
14874 determine whether the amount described in Subsection (6)(c)(iii)(C) should be adjusted in
14875 accordance with changes in the Consumer Price Index published by the United States Bureau
14876 of Labor Statistics selected by the commissioner by rule, between:
14877 (A) the Consumer Price Index for the February immediately preceding the adjustment;
14878 and
14879 (B) the Consumer Price Index for February 2001.
14880 (iii) If under Subsection (6)(e)(ii) the commissioner determines that an adjustment
14881 should be made, the commissioner shall make the adjustment by rule.
14882 (7) (a) For purposes of this Subsection (7), "public agency insurance mutual" means an
14883 entity formed by two or more political subdivisions or public agencies of the state:
14884 (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
14885 (ii) for the purpose of providing for the political subdivisions or public agencies:
14886 (A) subject to Subsection (7)(b), insurance coverage; or
14887 (B) risk management.
14888 (b) Notwithstanding Subsection (7)(a)(ii)(A), a public agency insurance mutual may
14889 not provide health insurance unless the public agency insurance mutual provides the health
14890 insurance using:
14891 (i) a third party administrator licensed under Chapter 25, Third Party Administrators;
14892 (ii) an admitted insurer; or
14893 (iii) a program authorized by Title 49, Chapter 20, Public Employees' Benefit and
14894 Insurance Program Act.
14895 (c) Except for this Subsection (7), a public agency insurance mutual is exempt from
14896 this title.
14897 (d) A public agency insurance mutual is considered to be a governmental entity and
14898 political subdivision of the state with all of the rights, privileges, and immunities of a
14899 governmental entity or political subdivision of the state including all the rights and benefits of
14900 [
14901 Section 336. Section 31A-1-301 is amended to read:
14902 31A-1-301. Definitions.
14903 As used in this title, unless otherwise specified:
14904 (1) (a) "Accident and health insurance" means insurance to provide protection against
14905 economic losses resulting from:
14906 (i) a medical condition including:
14907 (A) medical care expenses; or
14908 (B) the risk of disability;
14909 (ii) accident; or
14910 (iii) sickness.
14911 (b) "Accident and health insurance":
14912 (i) includes a contract with disability contingencies including:
14913 (A) an income replacement contract;
14914 (B) a health care contract;
14915 (C) an expense reimbursement contract;
14916 (D) a credit accident and health contract;
14917 (E) a continuing care contract; and
14918 (F) a long-term care contract; and
14919 (ii) may provide:
14920 (A) hospital coverage;
14921 (B) surgical coverage;
14922 (C) medical coverage; or
14923 (D) loss of income coverage.
14924 (c) "Accident and health insurance" does not include workers' compensation insurance.
14925 (2) "Actuary" is as defined by the commissioner by rule, made in accordance with
14926 [
14927 (3) "Administrator" is defined in Subsection (157).
14928 (4) "Adult" means a natural person who has attained the age of at least 18 years.
14929 (5) "Affiliate" means any person who controls, is controlled by, or is under common
14930 control with, another person. A corporation is an affiliate of another corporation, regardless of
14931 ownership, if substantially the same group of natural persons manages the corporations.
14932 (6) "Agency" means:
14933 (a) a person other than an individual, including a sole proprietorship by which a natural
14934 person does business under an assumed name; and
14935 (b) an insurance organization licensed or required to be licensed under Section
14936 31A-23a-301 .
14937 (7) "Alien insurer" means an insurer domiciled outside the United States.
14938 (8) "Amendment" means an endorsement to an insurance policy or certificate.
14939 (9) "Annuity" means an agreement to make periodical payments for a period certain or
14940 over the lifetime of one or more natural persons if the making or continuance of all or some of
14941 the series of the payments, or the amount of the payment, is dependent upon the continuance of
14942 human life.
14943 (10) "Application" means a document:
14944 (a) (i) completed by an applicant to provide information about the risk to be insured;
14945 and
14946 (ii) that contains information that is used by the insurer to evaluate risk and decide
14947 whether to:
14948 (A) insure the risk under:
14949 (I) the coverages as originally offered; or
14950 (II) a modification of the coverage as originally offered; or
14951 (B) decline to insure the risk; or
14952 (b) used by the insurer to gather information from the applicant before issuance of an
14953 annuity contract.
14954 (11) "Articles" or "articles of incorporation" means the original articles, special laws,
14955 charters, amendments, restated articles, articles of merger or consolidation, trust instruments,
14956 and other constitutive documents for trusts and other entities that are not corporations, and
14957 amendments to any of these.
14958 (12) "Bail bond insurance" means a guarantee that a person will attend court when
14959 required, up to and including surrender of the person in execution of any sentence imposed
14960 under Subsection 77-20-7 (1), as a condition to the release of that person from confinement.
14961 (13) "Binder" is defined in Section 31A-21-102 .
14962 (14) "Blanket insurance policy" means a group policy covering classes of persons
14963 without individual underwriting, where the persons insured are determined by definition of the
14964 class with or without designating the persons covered.
14965 (15) "Board," "board of trustees," or "board of directors" means the group of persons
14966 with responsibility over, or management of, a corporation, however designated.
14967 (16) "Business entity" means a corporation, association, partnership, limited liability
14968 company, limited liability partnership, or other legal entity.
14969 (17) "Business of insurance" is defined in Subsection (84).
14970 (18) "Business plan" means the information required to be supplied to the
14971 commissioner under Subsections 31A-5-204 (2)(i) and (j), including the information required
14972 when these subsections are applicable by reference under:
14973 (a) Section 31A-7-201 ;
14974 (b) Section 31A-8-205 ; or
14975 (c) Subsection 31A-9-205 (2).
14976 (19) "Bylaws" means the rules adopted for the regulation or management of a
14977 corporation's affairs, however designated and includes comparable rules for trusts and other
14978 entities that are not corporations.
14979 (20) "Captive insurance company" means:
14980 (a) an insurance company:
14981 (i) owned by another organization; and
14982 (ii) whose exclusive purpose is to insure risks of the parent organization and affiliated
14983 companies; or
14984 (b) in the case of groups and associations, an insurance organization:
14985 (i) owned by the insureds; and
14986 (ii) whose exclusive purpose is to insure risks of:
14987 (A) member organizations;
14988 (B) group members; and
14989 (C) affiliates of:
14990 (I) member organizations; or
14991 (II) group members.
14992 (21) "Casualty insurance" means liability insurance as defined in Subsection (96).
14993 (22) "Certificate" means evidence of insurance given to:
14994 (a) an insured under a group insurance policy; or
14995 (b) a third party.
14996 (23) "Certificate of authority" is included within the term "license."
14997 (24) "Claim," unless the context otherwise requires, means a request or demand on an
14998 insurer for payment of benefits according to the terms of an insurance policy.
14999 (25) "Claims-made coverage" means an insurance contract or provision limiting
15000 coverage under a policy insuring against legal liability to claims that are first made against the
15001 insured while the policy is in force.
15002 (26) (a) "Commissioner" or "commissioner of insurance" means Utah's insurance
15003 commissioner.
15004 (b) When appropriate, the terms listed in Subsection (26)(a) apply to the equivalent
15005 supervisory official of another jurisdiction.
15006 (27) (a) "Continuing care insurance" means insurance that:
15007 (i) provides board and lodging;
15008 (ii) provides one or more of the following services:
15009 (A) personal services;
15010 (B) nursing services;
15011 (C) medical services; or
15012 (D) other health-related services; and
15013 (iii) provides the coverage described in Subsection (27)(a)(i) under an agreement
15014 effective:
15015 (A) for the life of the insured; or
15016 (B) for a period in excess of one year.
15017 (b) Insurance is continuing care insurance regardless of whether or not the board and
15018 lodging are provided at the same location as the services described in Subsection (27)(a)(ii).
15019 (28) (a) "Control," "controlling," "controlled," or "under common control" means the
15020 direct or indirect possession of the power to direct or cause the direction of the management
15021 and policies of a person. This control may be:
15022 (i) by contract;
15023 (ii) by common management;
15024 (iii) through the ownership of voting securities; or
15025 (iv) by a means other than those described in Subsections (28)(a)(i) through (iii).
15026 (b) There is no presumption that an individual holding an official position with another
15027 person controls that person solely by reason of the position.
15028 (c) A person having a contract or arrangement giving control is considered to have
15029 control despite the illegality or invalidity of the contract or arrangement.
15030 (d) There is a rebuttable presumption of control in a person who directly or indirectly
15031 owns, controls, holds with the power to vote, or holds proxies to vote 10% or more of the
15032 voting securities of another person.
15033 (29) "Controlled insurer" means a licensed insurer that is either directly or indirectly
15034 controlled by a producer.
15035 (30) "Controlling person" means any person that directly or indirectly has the power to
15036 direct or cause to be directed, the management, control, or activities of a reinsurance
15037 intermediary.
15038 (31) "Controlling producer" means a producer who directly or indirectly controls an
15039 insurer.
15040 (32) (a) "Corporation" means an insurance corporation, except when referring to:
15041 (i) a corporation doing business:
15042 (A) as:
15043 (I) an insurance producer;
15044 (II) a limited line producer;
15045 (III) a consultant;
15046 (IV) a managing general agent;
15047 (V) a reinsurance intermediary;
15048 (VI) a third party administrator; or
15049 (VII) an adjuster; and
15050 (B) under:
15051 (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and
15052 Reinsurance Intermediaries;
15053 (II) Chapter 25, Third Party Administrators; or
15054 (III) Chapter 26, Insurance Adjusters; or
15055 (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance
15056 Holding Companies.
15057 (b) "Stock corporation" means a stock insurance corporation.
15058 (c) "Mutual" or "mutual corporation" means a mutual insurance corporation.
15059 (33) "Creditable coverage" has the same meaning as provided in federal regulations
15060 adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Pub. L.
15061 104-191, 110 Stat. 1936.
15062 (34) "Credit accident and health insurance" means insurance on a debtor to provide
15063 indemnity for payments coming due on a specific loan or other credit transaction while the
15064 debtor is disabled.
15065 (35) (a) "Credit insurance" means insurance offered in connection with an extension of
15066 credit that is limited to partially or wholly extinguishing that credit obligation.
15067 (b) "Credit insurance" includes:
15068 (i) credit accident and health insurance;
15069 (ii) credit life insurance;
15070 (iii) credit property insurance;
15071 (iv) credit unemployment insurance;
15072 (v) guaranteed automobile protection insurance;
15073 (vi) involuntary unemployment insurance;
15074 (vii) mortgage accident and health insurance;
15075 (viii) mortgage guaranty insurance; and
15076 (ix) mortgage life insurance.
15077 (36) "Credit life insurance" means insurance on the life of a debtor in connection with
15078 an extension of credit that pays a person if the debtor dies.
15079 (37) "Credit property insurance" means insurance:
15080 (a) offered in connection with an extension of credit; and
15081 (b) that protects the property until the debt is paid.
15082 (38) "Credit unemployment insurance" means insurance:
15083 (a) offered in connection with an extension of credit; and
15084 (b) that provides indemnity if the debtor is unemployed for payments coming due on a:
15085 (i) specific loan; or
15086 (ii) credit transaction.
15087 (39) "Creditor" means a person, including an insured, having any claim, whether:
15088 (a) matured;
15089 (b) unmatured;
15090 (c) liquidated;
15091 (d) unliquidated;
15092 (e) secured;
15093 (f) unsecured;
15094 (g) absolute;
15095 (h) fixed; or
15096 (i) contingent.
15097 (40) (a) "Customer service representative" means a person that provides insurance
15098 services and insurance product information:
15099 (i) for the customer service representative's:
15100 (A) producer; or
15101 (B) consultant employer; and
15102 (ii) to the customer service representative's employer's:
15103 (A) customer;
15104 (B) client; or
15105 (C) organization.
15106 (b) A customer service representative may only operate within the scope of authority of
15107 the customer service representative's producer or consultant employer.
15108 (41) "Deadline" means the final date or time:
15109 (a) imposed by:
15110 (i) statute;
15111 (ii) rule; or
15112 (iii) order; and
15113 (b) by which a required filing or payment must be received by the department.
15114 (42) "Deemer clause" means a provision under this title under which upon the
15115 occurrence of a condition precedent, the commissioner is deemed to have taken a specific
15116 action. If the statute so provides, the condition precedent may be the commissioner's failure to
15117 take a specific action.
15118 (43) "Degree of relationship" means the number of steps between two persons
15119 determined by counting the generations separating one person from a common ancestor and
15120 then counting the generations to the other person.
15121 (44) "Department" means the Insurance Department.
15122 (45) "Director" means a member of the board of directors of a corporation.
15123 (46) "Disability" means a physiological or psychological condition that partially or
15124 totally limits an individual's ability to:
15125 (a) perform the duties of:
15126 (i) that individual's occupation; or
15127 (ii) any occupation for which the individual is reasonably suited by education, training,
15128 or experience; or
15129 (b) perform two or more of the following basic activities of daily living:
15130 (i) eating;
15131 (ii) toileting;
15132 (iii) transferring;
15133 (iv) bathing; or
15134 (v) dressing.
15135 (47) "Disability income insurance" is defined in Subsection (75).
15136 (48) "Domestic insurer" means an insurer organized under the laws of this state.
15137 (49) "Domiciliary state" means the state in which an insurer:
15138 (a) is incorporated;
15139 (b) is organized; or
15140 (c) in the case of an alien insurer, enters into the United States.
15141 (50) (a) "Eligible employee" means:
15142 (i) an employee who:
15143 (A) works on a full-time basis; and
15144 (B) has a normal work week of 30 or more hours; or
15145 (ii) a person described in Subsection (50)(b).
15146 (b) "Eligible employee" includes, if the individual is included under a health benefit
15147 plan of a small employer:
15148 (i) a sole proprietor;
15149 (ii) a partner in a partnership; or
15150 (iii) an independent contractor.
15151 (c) "Eligible employee" does not include, unless eligible under Subsection (50)(b):
15152 (i) an individual who works on a temporary or substitute basis for a small employer;
15153 (ii) an employer's spouse; or
15154 (iii) a dependent of an employer.
15155 (51) "Employee" means any individual employed by an employer.
15156 (52) "Employee benefits" means one or more benefits or services provided to:
15157 (a) employees; or
15158 (b) dependents of employees.
15159 (53) (a) "Employee welfare fund" means a fund:
15160 (i) established or maintained, whether directly or through trustees, by:
15161 (A) one or more employers;
15162 (B) one or more labor organizations; or
15163 (C) a combination of employers and labor organizations; and
15164 (ii) that provides employee benefits paid or contracted to be paid, other than income
15165 from investments of the fund, by or on behalf of an employer doing business in this state or for
15166 the benefit of any person employed in this state.
15167 (b) "Employee welfare fund" includes a plan funded or subsidized by user fees or tax
15168 revenues.
15169 (54) "Endorsement" means a written agreement attached to a policy or certificate to
15170 modify one or more of the provisions of the policy or certificate.
15171 (55) "Enrollment date," with respect to a health benefit plan, means the first day of
15172 coverage or, if there is a waiting period, the first day of the waiting period.
15173 (56) (a) "Escrow" means:
15174 (i) a real estate settlement or real estate closing conducted by a third party pursuant to
15175 the requirements of a written agreement between the parties in a real estate transaction; or
15176 (ii) a settlement or closing involving:
15177 (A) a mobile home;
15178 (B) a grazing right;
15179 (C) a water right; or
15180 (D) other personal property authorized by the commissioner.
15181 (b) "Escrow" includes the act of conducting a:
15182 (i) real estate settlement; or
15183 (ii) real estate closing.
15184 (57) "Escrow agent" means:
15185 (a) an insurance producer with:
15186 (i) a title insurance line of authority; and
15187 (ii) an escrow subline of authority; or
15188 (b) a person defined as an escrow agent in Section 7-22-101 .
15189 (58) "Excludes" is not exhaustive and does not mean that other things are not also
15190 excluded. The items listed are representative examples for use in interpretation of this title.
15191 (59) "Expense reimbursement insurance" means insurance:
15192 (a) written to provide payments for expenses relating to hospital confinements resulting
15193 from illness or injury; and
15194 (b) written:
15195 (i) as a daily limit for a specific number of days in a hospital; and
15196 (ii) to have a one or two day waiting period following a hospitalization.
15197 (60) "Fidelity insurance" means insurance guaranteeing the fidelity of persons holding
15198 positions of public or private trust.
15199 (61) (a) "Filed" means that a filing is:
15200 (i) submitted to the department as required by and in accordance with any applicable
15201 statute, rule, or filing order;
15202 (ii) received by the department within the time period provided in the applicable
15203 statute, rule, or filing order; and
15204 (iii) accompanied by the appropriate fee in accordance with:
15205 (A) Section 31A-3-103 ; or
15206 (B) rule.
15207 (b) "Filed" does not include a filing that is rejected by the department because it is not
15208 submitted in accordance with Subsection (61)(a).
15209 (62) "Filing," when used as a noun, means an item required to be filed with the
15210 department including:
15211 (a) a policy;
15212 (b) a rate;
15213 (c) a form;
15214 (d) a document;
15215 (e) a plan;
15216 (f) a manual;
15217 (g) an application;
15218 (h) a report;
15219 (i) a certificate;
15220 (j) an endorsement;
15221 (k) an actuarial certification;
15222 (l) a licensee annual statement;
15223 (m) a licensee renewal application; or
15224 (n) an advertisement.
15225 (63) "First party insurance" means an insurance policy or contract in which the insurer
15226 agrees to pay claims submitted to it by the insured for the insured's losses.
15227 (64) "Foreign insurer" means an insurer domiciled outside of this state, including an
15228 alien insurer.
15229 (65) (a) "Form" means one of the following prepared for general use:
15230 (i) a policy;
15231 (ii) a certificate;
15232 (iii) an application; or
15233 (iv) an outline of coverage.
15234 (b) "Form" does not include a document specially prepared for use in an individual
15235 case.
15236 (66) "Franchise insurance" means individual insurance policies provided through a
15237 mass marketing arrangement involving a defined class of persons related in some way other
15238 than through the purchase of insurance.
15239 (67) "General lines of authority" include:
15240 (a) the general lines of insurance in Subsection (68);
15241 (b) title insurance under one of the following sublines of authority:
15242 (i) search, including authority to act as a title marketing representative;
15243 (ii) escrow, including authority to act as a title marketing representative;
15244 (iii) search and escrow, including authority to act as a title marketing representative;
15245 and
15246 (iv) title marketing representative only;
15247 (c) surplus lines;
15248 (d) workers' compensation; and
15249 (e) any other line of insurance that the commissioner considers necessary to recognize
15250 in the public interest.
15251 (68) "General lines of insurance" include:
15252 (a) accident and health;
15253 (b) casualty;
15254 (c) life;
15255 (d) personal lines;
15256 (e) property; and
15257 (f) variable contracts, including variable life and annuity.
15258 (69) "Group health plan" means an employee welfare benefit plan to the extent that the
15259 plan provides medical care:
15260 (a) (i) to employees; or
15261 (ii) to a dependent of an employee; and
15262 (b) (i) directly;
15263 (ii) through insurance reimbursement; or
15264 (iii) through any other method.
15265 (70) (a) "Group insurance policy" means a policy covering a group of persons that is
15266 issued:
15267 (i) to a policyholder on behalf of the group; and
15268 (ii) for the benefit of group members who are selected under procedures defined in:
15269 (A) the policy; or
15270 (B) agreements which are collateral to the policy.
15271 (b) A group insurance policy may include members of the policyholder's family or
15272 dependents.
15273 (71) "Guaranteed automobile protection insurance" means insurance offered in
15274 connection with an extension of credit that pays the difference in amount between the
15275 insurance settlement and the balance of the loan if the insured automobile is a total loss.
15276 (72) (a) Except as provided in Subsection (72)(b), "health benefit plan" means a policy
15277 or certificate that:
15278 (i) provides health care insurance;
15279 (ii) provides major medical expense insurance; or
15280 (iii) is offered as a substitute for hospital or medical expense insurance such as:
15281 (A) a hospital confinement indemnity; or
15282 (B) a limited benefit plan.
15283 (b) "Health benefit plan" does not include a policy or certificate that:
15284 (i) provides benefits solely for:
15285 (A) accident;
15286 (B) dental;
15287 (C) income replacement;
15288 (D) long-term care;
15289 (E) a Medicare supplement;
15290 (F) a specified disease;
15291 (G) vision; or
15292 (H) a short-term limited duration; or
15293 (ii) is offered and marketed as supplemental health insurance.
15294 (73) "Health care" means any of the following intended for use in the diagnosis,
15295 treatment, mitigation, or prevention of a human ailment or impairment:
15296 (a) professional services;
15297 (b) personal services;
15298 (c) facilities;
15299 (d) equipment;
15300 (e) devices;
15301 (f) supplies; or
15302 (g) medicine.
15303 (74) (a) "Health care insurance" or "health insurance" means insurance providing:
15304 (i) health care benefits; or
15305 (ii) payment of incurred health care expenses.
15306 (b) "Health care insurance" or "health insurance" does not include accident and health
15307 insurance providing benefits for:
15308 (i) replacement of income;
15309 (ii) short-term accident;
15310 (iii) fixed indemnity;
15311 (iv) credit accident and health;
15312 (v) supplements to liability;
15313 (vi) workers' compensation;
15314 (vii) automobile medical payment;
15315 (viii) no-fault automobile;
15316 (ix) equivalent self-insurance; or
15317 (x) any type of accident and health insurance coverage that is a part of or attached to
15318 another type of policy.
15319 (75) "Income replacement insurance" or "disability income insurance" means insurance
15320 written to provide payments to replace income lost from accident or sickness.
15321 (76) "Indemnity" means the payment of an amount to offset all or part of an insured
15322 loss.
15323 (77) "Independent adjuster" means an insurance adjuster required to be licensed under
15324 Section 31A-26-201 who engages in insurance adjusting as a representative of insurers.
15325 (78) "Independently procured insurance" means insurance procured under Section
15326 31A-15-104 .
15327 (79) "Individual" means a natural person.
15328 (80) "Inland marine insurance" includes insurance covering:
15329 (a) property in transit on or over land;
15330 (b) property in transit over water by means other than boat or ship;
15331 (c) bailee liability;
15332 (d) fixed transportation property such as bridges, electric transmission systems, radio
15333 and television transmission towers and tunnels; and
15334 (e) personal and commercial property floaters.
15335 (81) "Insolvency" means that:
15336 (a) an insurer is unable to pay its debts or meet its obligations as they mature;
15337 (b) an insurer's total adjusted capital is less than the insurer's mandatory control level
15338 RBC under Subsection 31A-17-601 (8)(c); or
15339 (c) an insurer is determined to be hazardous under this title.
15340 (82) (a) "Insurance" means:
15341 (i) an arrangement, contract, or plan for the transfer of a risk or risks from one or more
15342 persons to one or more other persons; or
15343 (ii) an arrangement, contract, or plan for the distribution of a risk or risks among a
15344 group of persons that includes the person seeking to distribute that person's risk.
15345 (b) "Insurance" includes:
15346 (i) risk distributing arrangements providing for compensation or replacement for
15347 damages or loss through the provision of services or benefits in kind;
15348 (ii) contracts of guaranty or suretyship entered into by the guarantor or surety as a
15349 business and not as merely incidental to a business transaction; and
15350 (iii) plans in which the risk does not rest upon the person who makes the arrangements,
15351 but with a class of persons who have agreed to share it.
15352 (83) "Insurance adjuster" means a person who directs the investigation, negotiation, or
15353 settlement of a claim under an insurance policy other than life insurance or an annuity, on
15354 behalf of an insurer, policyholder, or a claimant under an insurance policy.
15355 (84) "Insurance business" or "business of insurance" includes:
15356 (a) providing health care insurance, as defined in Subsection (74), by organizations that
15357 are or should be licensed under this title;
15358 (b) providing benefits to employees in the event of contingencies not within the control
15359 of the employees, in which the employees are entitled to the benefits as a right, which benefits
15360 may be provided either:
15361 (i) by single employers or by multiple employer groups; or
15362 (ii) through trusts, associations, or other entities;
15363 (c) providing annuities, including those issued in return for gifts, except those provided
15364 by persons specified in Subsections 31A-22-1305 (2) and (3);
15365 (d) providing the characteristic services of motor clubs as outlined in Subsection (112);
15366 (e) providing other persons with insurance as defined in Subsection (82);
15367 (f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor,
15368 or surety, any contract or policy of title insurance;
15369 (g) transacting or proposing to transact any phase of title insurance, including:
15370 (i) solicitation;
15371 (ii) negotiation preliminary to execution;
15372 (iii) execution of a contract of title insurance;
15373 (iv) insuring; and
15374 (v) transacting matters subsequent to the execution of the contract and arising out of
15375 the contract, including reinsurance; and
15376 (h) doing, or proposing to do, any business in substance equivalent to Subsections
15377 (84)(a) through (g) in a manner designed to evade the provisions of this title.
15378 (85) "Insurance consultant" or "consultant" means a person who:
15379 (a) advises other persons about insurance needs and coverages;
15380 (b) is compensated by the person advised on a basis not directly related to the insurance
15381 placed; and
15382 (c) except as provided in Section 31A-23a-501 , is not compensated directly or
15383 indirectly by an insurer or producer for advice given.
15384 (86) "Insurance holding company system" means a group of two or more affiliated
15385 persons, at least one of whom is an insurer.
15386 (87) (a) "Insurance producer" or "producer" means a person licensed or required to be
15387 licensed under the laws of this state to sell, solicit, or negotiate insurance.
15388 (b) With regards to the selling, soliciting, or negotiating of an insurance product to an
15389 insurance customer or an insured:
15390 (i) "producer for the insurer" means a producer who is compensated directly or
15391 indirectly by an insurer for selling, soliciting, or negotiating any product of that insurer; and
15392 (ii) "producer for the insured" means a producer who:
15393 (A) is compensated directly and only by an insurance customer or an insured; and
15394 (B) receives no compensation directly or indirectly from an insurer for selling,
15395 soliciting, or negotiating any product of that insurer to an insurance customer or insured.
15396 (88) (a) "Insured" means a person to whom or for whose benefit an insurer makes a
15397 promise in an insurance policy and includes:
15398 (i) policyholders;
15399 (ii) subscribers;
15400 (iii) members; and
15401 (iv) beneficiaries.
15402 (b) The definition in Subsection (88)(a):
15403 (i) applies only to this title; and
15404 (ii) does not define the meaning of this word as used in insurance policies or
15405 certificates.
15406 (89) (a) (i) "Insurer" means any person doing an insurance business as a principal
15407 including:
15408 (A) fraternal benefit societies;
15409 (B) issuers of gift annuities other than those specified in Subsections 31A-22-1305 (2)
15410 and (3);
15411 (C) motor clubs;
15412 (D) employee welfare plans; and
15413 (E) any person purporting or intending to do an insurance business as a principal on
15414 that person's own account.
15415 (ii) "Insurer" does not include a governmental entity to the extent it is engaged in the
15416 activities described in Section 31A-12-107 .
15417 (b) "Admitted insurer" is defined in Subsection (161)(b).
15418 (c) "Alien insurer" is defined in Subsection (7).
15419 (d) "Authorized insurer" is defined in Subsection (161)(b).
15420 (e) "Domestic insurer" is defined in Subsection (48).
15421 (f) "Foreign insurer" is defined in Subsection (64).
15422 (g) "Nonadmitted insurer" is defined in Subsection (161)(a).
15423 (h) "Unauthorized insurer" is defined in Subsection (161)(a).
15424 (90) "Interinsurance exchange" is defined in Subsection (141).
15425 (91) "Involuntary unemployment insurance" means insurance:
15426 (a) offered in connection with an extension of credit;
15427 (b) that provides indemnity if the debtor is involuntarily unemployed for payments
15428 coming due on a:
15429 (i) specific loan; or
15430 (ii) credit transaction.
15431 (92) "Large employer," in connection with a health benefit plan, means an employer
15432 who, with respect to a calendar year and to a plan year:
15433 (a) employed an average of at least 51 eligible employees on each business day during
15434 the preceding calendar year; and
15435 (b) employs at least two employees on the first day of the plan year.
15436 (93) "Late enrollee," with respect to an employer health benefit plan, means an
15437 individual whose enrollment is a late enrollment.
15438 (94) "Late enrollment," with respect to an employer health benefit plan, means
15439 enrollment of an individual other than:
15440 (a) on the earliest date on which coverage can become effective for the individual
15441 under the terms of the plan; or
15442 (b) through special enrollment.
15443 (95) (a) Except for a retainer contract or legal assistance described in Section
15444 31A-1-103 , "legal expense insurance" means insurance written to indemnify or pay for
15445 specified legal expenses.
15446 (b) "Legal expense insurance" includes arrangements that create reasonable
15447 expectations of enforceable rights.
15448 (c) "Legal expense insurance" does not include the provision of, or reimbursement for,
15449 legal services incidental to other insurance coverages.
15450 (96) (a) "Liability insurance" means insurance against liability:
15451 (i) for death, injury, or disability of any human being, or for damage to property,
15452 exclusive of the coverages under:
15453 (A) Subsection (106) for medical malpractice insurance;
15454 (B) Subsection (133) for professional liability insurance; and
15455 (C) Subsection (166) for workers' compensation insurance;
15456 (ii) for medical, hospital, surgical, and funeral benefits to persons other than the
15457 insured who are injured, irrespective of legal liability of the insured, when issued with or
15458 supplemental to insurance against legal liability for the death, injury, or disability of human
15459 beings, exclusive of the coverages under:
15460 (A) Subsection (106) for medical malpractice insurance;
15461 (B) Subsection (133) for professional liability insurance; and
15462 (C) Subsection (166) for workers' compensation insurance;
15463 (iii) for loss or damage to property resulting from accidents to or explosions of boilers,
15464 pipes, pressure containers, machinery, or apparatus;
15465 (iv) for loss or damage to any property caused by the breakage or leakage of sprinklers,
15466 water pipes and containers, or by water entering through leaks or openings in buildings; or
15467 (v) for other loss or damage properly the subject of insurance not within any other kind
15468 or kinds of insurance as defined in this chapter, if such insurance is not contrary to law or
15469 public policy.
15470 (b) "Liability insurance" includes:
15471 (i) vehicle liability insurance as defined in Subsection (163);
15472 (ii) residential dwelling liability insurance as defined in Subsection (144); and
15473 (iii) making inspection of, and issuing certificates of inspection upon, elevators,
15474 boilers, machinery, and apparatus of any kind when done in connection with insurance on
15475 them.
15476 (97) (a) "License" means the authorization issued by the commissioner to engage in
15477 some activity that is part of or related to the insurance business.
15478 (b) "License" includes certificates of authority issued to insurers.
15479 (98) (a) "Life insurance" means insurance on human lives and insurances pertaining to
15480 or connected with human life.
15481 (b) The business of life insurance includes:
15482 (i) granting death benefits;
15483 (ii) granting annuity benefits;
15484 (iii) granting endowment benefits;
15485 (iv) granting additional benefits in the event of death by accident;
15486 (v) granting additional benefits to safeguard the policy against lapse; and
15487 (vi) providing optional methods of settlement of proceeds.
15488 (99) "Limited license" means a license that:
15489 (a) is issued for a specific product of insurance; and
15490 (b) limits an individual or agency to transact only for that product or insurance.
15491 (100) "Limited line credit insurance" includes the following forms of insurance:
15492 (a) credit life;
15493 (b) credit accident and health;
15494 (c) credit property;
15495 (d) credit unemployment;
15496 (e) involuntary unemployment;
15497 (f) mortgage life;
15498 (g) mortgage guaranty;
15499 (h) mortgage accident and health;
15500 (i) guaranteed automobile protection; and
15501 (j) any other form of insurance offered in connection with an extension of credit that:
15502 (i) is limited to partially or wholly extinguishing the credit obligation; and
15503 (ii) the commissioner determines by rule should be designated as a form of limited line
15504 credit insurance.
15505 (101) "Limited line credit insurance producer" means a person who sells, solicits, or
15506 negotiates one or more forms of limited line credit insurance coverage to individuals through a
15507 master, corporate, group, or individual policy.
15508 (102) "Limited line insurance" includes:
15509 (a) bail bond;
15510 (b) limited line credit insurance;
15511 (c) legal expense insurance;
15512 (d) motor club insurance;
15513 (e) rental car-related insurance;
15514 (f) travel insurance; and
15515