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S.B. 111 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill modifies parts of the Utah Code to make technical corrections including
10 eliminating references to repealed provisions, making minor wording changes, updating
11 cross references, and correcting numbering.
12 Highlighted Provisions:
13 This bill:
14 . modifies parts of the Utah Code to make technical corrections including eliminating
15 references to repealed provisions, making minor wording changes, updating cross
16 references, and correcting numbering.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 10-3-818, as last amended by Laws of Utah 1997, Chapter 10
24 11-13-103, as last amended by Laws of Utah 2007, Chapter 329
25 11-42-411, as enacted by Laws of Utah 2007, Chapter 329
26 11-42-605, as enacted by Laws of Utah 2007, Chapter 329
27 13-21-2, as last amended by Laws of Utah 2007, Chapter 61
28 13-43-206, as enacted by Laws of Utah 2006, Chapter 258
29 16-4-102, as enacted by Laws of Utah 2007, Chapter 367
30 16-6a-1702, as enacted by Laws of Utah 2000, Chapter 300
31 17-27a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
32 17-27a-301, as renumbered and amended by Laws of Utah 2005, Chapter 254
33 17-27a-306, as last amended by Laws of Utah 2006, Chapter 78
34 17-27a-307, as renumbered and amended by Laws of Utah 2005, Chapter 254
35 17-27a-603, as last amended by Laws of Utah 2007, Chapters 160 and 188
36 17-52-201, as last amended by Laws of Utah 2001, Chapter 241
37 17-53-216, as renumbered and amended by Laws of Utah 2000, Chapter 133
38 19-2-103, as last amended by Laws of Utah 2002, Chapter 176
39 19-4-103, as last amended by Laws of Utah 2002, Chapter 176
40 19-5-103, as last amended by Laws of Utah 2002, Chapter 176
41 19-6-108.3, as enacted by Laws of Utah 2007, Chapter 72
42 31A-22-605.5, as last amended by Laws of Utah 2003, Chapter 8
43 31A-22-723, as last amended by Laws of Utah 2005, Chapter 78
44 31A-28-114, as last amended by Laws of Utah 2007, Chapter 309
45 31A-28-222, as last amended by Laws of Utah 2002, Chapter 308
46 34A-2-103, as last amended by Laws of Utah 2006, Chapter 295
47 41-8-1, as last amended by Laws of Utah 2006, Chapter 201
48 41-10-1, Utah Code Annotated 1953
49 49-11-701, as renumbered and amended by Laws of Utah 2002, Chapter 250
50 53-2-402, as enacted by Laws of Utah 2007, Chapter 328
51 53-2-403, as enacted by Laws of Utah 2007, Chapter 328
52 53-3-202, as last amended by Laws of Utah 2006, Chapter 201
53 53-3-204, as last amended by Laws of Utah 2006, Chapters 46, 201, and 293
54 53-3-227, as last amended by Laws of Utah 2007, Chapter 261
55 53-5-711, as last amended by Laws of Utah 1998, Chapter 13
56 53A-1-408, as enacted by Laws of Utah 2002, Chapter 259
57 53A-11-910, as enacted by Laws of Utah 2007, Chapter 161
58 53A-17a-131.16, as repealed and reenacted by Laws of Utah 2002, Chapter 258
59 53A-29-103, as enacted by Laws of Utah 1996, Chapter 73
60 53B-2-107, as enacted by Laws of Utah 2002, Chapter 315
61 54-7-12.9, as enacted by Laws of Utah 2006, Chapter 221
62 57-1-5, as last amended by Laws of Utah 2006, Chapter 236
63 57-1-21, as last amended by Laws of Utah 2004, Chapter 177
64 57-1-21.5, as last amended by Laws of Utah 2002, Chapter 209
65 58-1-501.5, as enacted by Laws of Utah 2007, Chapter 162
66 58-37-5.5, as last amended by Laws of Utah 2003, Chapter 33
67 58-67-302.5, as enacted by Laws of Utah 2002, Chapter 73
68 58-72-301, as repealed and reenacted by Laws of Utah 1998, Chapter 26
69 58-72-501, as last amended by Laws of Utah 2007, Chapter 90
70 59-2-405.2, as last amended by Laws of Utah 2006, Fifth Special Session, Chapter 3
71 59-7-116, as enacted by Laws of Utah 1993, Chapters 169 and 300
72 61-1-30, as last amended by Laws of Utah 1983, Chapter 284
73 62A-4a-207, as last amended by Laws of Utah 2006, Chapter 14
74 63-34-6, as last amended by Laws of Utah 1998, Chapter 282
75 63-38c-103, as last amended by Laws of Utah 2007, Chapters 122, 206, and 328
76 63-55-253, as last amended by Laws of Utah 2007, Chapter 386
77 63-55b-153, as last amended by Laws of Utah 2007, Chapter 216
78 63-55b-163, as last amended by Laws of Utah 2007, Chapter 306
79 63-63a-8, as last amended by Laws of Utah 2007, Chapter 326
80 63-97-201, as last amended by Laws of Utah 2005, Chapter 275
81 63A-5-222, as last amended by Laws of Utah 2000, Chapter 231
82 63B-6-502, as last amended by Laws of Utah 2001, Chapter 321
83 73-10f-1, as enacted by Laws of Utah 1990, Chapter 206
84 73-12a-1, Utah Code Annotated 1953
85 76-7-317.2, as enacted by Laws of Utah 1991, Chapter 288
86 78-3-21, as last amended by Laws of Utah 2003, Chapters 51 and 332
87 78-23-4, as enacted by Laws of Utah 1981, Chapter 111
88 78-30-8, as last amended by Laws of Utah 2007, Chapter 196
89 78-43-8, Utah Code Annotated 1953
90 REPEALS:
91 30-3-38, as last amended by Laws of Utah 2004, Chapter 352
92 53-2-102.5, as last amended by Laws of Utah 2007, Chapters 245 and 328
93
94 Be it enacted by the Legislature of the state of Utah:
95 Section 1. Section 10-3-818 is amended to read:
96 10-3-818. Salaries in municipalities.
97 (1) The elective and statutory officers of municipalities shall receive such compensation
98 for their services as the governing body may fix by ordinance adopting compensation or
99 compensation schedules enacted after public hearing.
100 (2) Upon its own motion the governing body may review or consider the compensation
101 of any officer or officers of the municipality or a salary schedule applicable to any officer or
102 officers of the city for the purpose of determining whether or not it should be adopted, changed,
103 or amended. In the event that the governing body decides that the compensation or
104 compensation schedules should be adopted, changed, or amended, it shall set a time and place
105 for a public hearing at which all interested persons shall be given an opportunity to be heard.
106 (3) Notice of the time, place, and purpose of the meeting shall be published at least
107 seven days prior thereto by publication at least once in a newspaper published in the county
108 within which the municipality is situated and generally circulated in the municipality. If there is
109 no such newspaper then notice shall be given by posting this notice in three public places in the
110 municipality.
111 (4) After the conclusion of the public hearing, the governing body may enact an
112 ordinance fixing, changing, or amending the compensation of any elective or appointive officer
113 of the municipality or adopting a compensation schedule applicable to any officer or officers.
114 (5) Any ordinance enacted before [
115 municipality establishing a salary or compensation schedule for its elective or appointive officers
116 and any salary fixed prior to [
117 effective until the municipality has enacted an ordinance pursuant to the provisions of this
118 chapter.
119 (6) The compensation of all municipal officers shall be paid at least monthly out of the
120 municipal treasury provided that municipalities having 1,000 or fewer population may by
121 ordinance provide for the payment of its statutory officers less frequently. None of the
122 provisions of this chapter shall be considered as limiting or restricting the authority to any
123 municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
124 Section 5, to determine the salaries of its elective and appointive officers or employees.
125 Section 2. Section 11-13-103 is amended to read:
126 11-13-103. Definitions.
127 As used in this chapter:
128 (1) "Additional project capacity" means electric generating capacity provided by a
129 generating unit that first produces electricity on or after May 6, 2002 and that is constructed or
130 installed at or adjacent to the site of a project that first produced electricity before May 6, 2002,
131 regardless of whether:
132 (a) the owners of the new generating unit are the same as or different from the owner of
133 the project; and
134 (b) the purchasers of electricity from the new generating unit are the same as or
135 different from the purchasers of electricity from the project.
136 (2) "Board" means the Permanent Community Impact Fund Board created by Section
137 9-4-304 , and its successors.
138 (3) "Candidate" means one or more of:
139 (a) the state;
140 (b) a county, municipality, school district, local district, special service district, or other
141 political subdivision of the state; and
142 (c) a prosecution district.
143 (4) "Commercial project entity" means a project entity, defined in Subsection (12), that:
144 (a) has no taxing authority; and
145 (b) is not supported in whole or in part by and does not expend or disburse tax
146 revenues.
147 (5) "Direct impacts" means an increase in the need for public facilities or services that is
148 attributable to the project or facilities providing additional project capacity, except impacts
149 resulting from the construction or operation of a facility that is:
150 (a) owned by an owner other than the owner of the project or of the facilities providing
151 additional project capacity; and
152 (b) used to furnish fuel, construction, or operation materials for use in the project.
153 (6) "Electric interlocal entity" means an interlocal entity described in Subsection
154 11-13-203 (3).
155 (7) "Energy services interlocal entity" means an interlocal entity that is described in
156 Subsection 11-13-203 (4).
157 (8) (a) "Estimated electric requirements," when used with respect to a qualified energy
158 services interlocal entity, includes any of the following that meets the requirements of
159 Subsection (8)(b):
160 (i) generation capacity;
161 (ii) generation output; or
162 (iii) an electric energy production facility.
163 (b) An item listed in Subsection (8)(a) is included in "estimated electric requirements" if
164 it is needed by the qualified energy services interlocal entity to perform the qualified energy
165 services interlocal entity's contractual or legal obligations to any of its members.
166 (9) "Interlocal entity" means:
167 (a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal
168 entity; or
169 (b) a separate legal or administrative entity created under Section 11-13-205 .
170 (10) "Out-of-state public agency" means a public agency as defined in Subsection
171 (13)(c), (d), or (e).
172 (11) (a) "Project":
173 (i) means an electric generation and transmission facility owned by a Utah interlocal
174 entity or an electric interlocal entity; and
175 (ii) includes fuel or fuel transportation facilities and water facilities owned by that Utah
176 interlocal entity or electric interlocal entity and required for the generation and transmission
177 facility.
178 (b) "Project" includes a project entity's ownership interest in:
179 (i) facilities that provide additional project capacity; and
180 (ii) additional generating, transmission, fuel, fuel transportation, water, or other
181 facilities added to a project.
182 (12) "Project entity" means a Utah interlocal entity or an electric interlocal entity that
183 owns a project.
184 (13) "Public agency" means:
185 (a) a city, town, county, school district, local district, special service district, or other
186 political subdivision of the state;
187 (b) the state or any department, division, or agency of the state;
188 (c) any agency of the United States;
189 (d) any political subdivision or agency of another state or the District of Columbia
190 including any interlocal cooperation or joint powers agency formed under the authority of the
191 law of the other state or the District of Columbia; and
192 (e) any Indian tribe, band, nation, or other organized group or community which is
193 recognized as eligible for the special programs and services provided by the United States to
194 Indians because of their status as Indians.
195 (14) "Qualified energy services interlocal entity" means an energy services interlocal
196 entity that at the time that the energy services interlocal entity acquires its interest in facilities
197 providing additional project capacity has at least five members that are Utah public agencies.
198 (15) "Utah interlocal entity":
199 (a) means an interlocal entity described in Subsection 11-13-203 (2); and
200 (b) includes a separate legal or administrative entity created under [
201 of Utah 1977, Chapter 47, Section 3, as amended.
202 (16) "Utah public agency" means a public agency under Subsection (13)(a) or (b).
203 Section 3. Section 11-42-411 is amended to read:
204 11-42-411. Installment payment of assessments.
205 (1) (a) In an assessment resolution or ordinance, the governing body may, subject to
206 Subsection (1)(b), provide that some or all of the assessment be paid in installments over a
207 period not to exceed 20 years from the effective date of the resolution or ordinance.
208 (b) If an assessment resolution or ordinance provides that some or all of the assessment
209 be paid in installments for a period exceeding ten years from the effective date of the resolution
210 or ordinance, the governing body:
211 (i) shall make a determination that:
212 (A) the improvement for which the assessment is made has a reasonable useful life for
213 the full period during which installments are to be paid; or
214 (B) it would be in the best interests of the local entity and the property owners for
215 installments to be paid for more than ten years; and
216 (ii) may provide in the resolution or ordinance that no assessment is payable during
217 some or all of the period ending three years after the effective date of the resolution or
218 ordinance.
219 (2) An assessment resolution or ordinance that provides for the assessment to be paid in
220 installments may provide that the unpaid balance be paid over the period of time that
221 installments are payable:
222 (a) in substantially equal installments of principal; or
223 (b) in substantially equal installments of principal and interest.
224 (3) (a) Each assessment resolution or ordinance that provides for the assessment to be
225 paid in installments shall, subject to Subsections (3)(b) and (c), provide that the unpaid balance
226 of the assessment bear interest at a fixed rate, variable rate, or a combination of fixed and
227 variable rates, as determined by the governing body, from the effective date of the resolution or
228 ordinance or another date specified in the resolution or ordinance.
229 (b) If the assessment is for operation and maintenance costs or for the costs of
230 economic promotion activities:
231 (i) a local entity may charge interest only from the date each installment is due; and
232 (ii) the first installment of an assessment shall be due 15 days after the effective date of
233 the assessment resolution or ordinance.
234 (c) If an assessment resolution or ordinance provides for the unpaid balance of the
235 assessment to bear interest at a variable rate, the assessment resolution or ordinance shall
236 specify:
237 (i) the basis upon which the rate is to be determined from time to time;
238 (ii) the manner in which and schedule upon which the rate is to be adjusted; and
239 (iii) a maximum rate that the assessment may bear.
240 (4) Interest payable on assessments may include:
241 (a) interest on assessment bonds;
242 (b) ongoing local entity costs incurred for administration of the assessment area; and
243 (c) any costs incurred with respect to:
244 (i) securing a letter of credit or other instrument to secure payment or repurchase of
245 bonds; or
246 (ii) retaining a marketing agent or an indexing agent.
247 (5) Interest imposed in an assessment resolution or ordinance shall be paid in addition
248 to the amount of each installment annually or at more frequent intervals as provided in the
249 assessment resolution or ordinance.
250 (6) (a) Except for an assessment for operation and maintenance costs or for the costs of
251 economic promotion activities, a property owner may pay some or all of the entire assessment
252 without interest if paid within 25 days after the assessment resolution or ordinance takes effect.
253 (b) After the 25-day period stated in Subsection (6)(a), a property owner may at any
254 time prepay some or all of the assessment levied against the owner's property.
255 (c) A local entity may require a prepayment of an installment to include:
256 (i) an amount equal to the interest that would accrue on the assessment to the next date
257 on which interest is payable on bonds issued in anticipation of the collection of the assessment;
258 and
259 (ii) the amount necessary, in the governing body's opinion or the opinion of the officer
260 designated by the governing body, to assure the availability of money to pay:
261 (A) interest that becomes due and payable on those bonds; and
262 (B) any premiums that become payable on bonds that are called in order to use the
263 money from the prepaid assessment installment.
264 Section 4. Section 11-42-605 is amended to read:
265 11-42-605. Local entity may authorize the issuance of assessment bonds -- Limit
266 on amount of bonds -- Features of assessment bonds.
267 (1) After the 25-day prepayment period under Subsection 11-42-411 (6) has passed or,
268 if the 25-day prepayment period is waived under Section 11-42-104 , after the assessment
269 resolution or ordinance takes effect, a local entity may authorize the issuance of bonds to pay
270 the costs of improvements in an assessment area, and other related costs, against the funds that
271 the local entity will receive because of an assessment in an assessment area.
272 (2) The aggregate principal amount of bonds authorized under Subsection (1) may not
273 exceed the unpaid balance of assessments at the end of the 25-day prepayment period under
274 Subsection 11-42-411 [
275 (3) Assessment bonds issued under this section:
276 (a) are fully negotiable for all purposes;
277 (b) shall mature at a time that does not exceed the period that installments of
278 assessments in the assessment area are due and payable, plus one year;
279 (c) shall bear interest at the lowest rate or rates reasonably obtainable;
280 (d) may not be dated earlier than the effective date of the assessment ordinance;
281 (e) shall be payable at the place, shall be in the form, and shall be sold in the manner and
282 with the details that are provided in the resolution authorizing the issuance of the bonds;
283 (f) shall be issued, as the governing body determines:
284 (i) in bearer form, with or without interest coupons attached; or
285 (ii) in registered form as provided in Title 15, Chapter 7, Registered Public Obligations
286 Act; and
287 (g) provide that interest be paid semiannually, annually, or at another interval as
288 specified by the governing body.
289 (4) (a) A local entity may:
290 (i) (A) provide that assessment bonds be callable for redemption before maturity; and
291 (B) fix the terms and conditions of redemption, including the notice to be given and any
292 premium to be paid;
293 (ii) subject to Subsection (4)(b), require assessment bonds to bear interest at a fixed or
294 variable rate, or a combination of fixed and variable rates;
295 (iii) specify terms and conditions under which:
296 (A) assessment bonds bearing interest at a variable interest rate may be converted to
297 bear interest at a fixed interest rate; and
298 (B) the local entity agrees to repurchase the bonds; and
299 (iv) engage a remarketing agent and indexing agent, subject to the terms and conditions
300 that the governing body agrees to;
301 (v) include all costs associated with assessment bonds, including any costs resulting
302 from any of the actions the local entity is authorized to take under this section, in an assessment
303 levied under Section 11-42-401 .
304 (b) If assessment bonds carry a variable interest rate, the local entity shall specify:
305 (i) the basis upon which the variable rate is to be determined over the life of the bonds;
306 (ii) the manner in which and schedule upon which the rate is to be adjusted; and
307 (iii) a maximum rate that the bonds may carry.
308 (5) (a) Nothing in this part may be construed to authorize the issuance of assessment
309 bonds to pay for the cost of ordinary repairs to pavement, sewers, drains, curbing, gutters, or
310 sidewalks.
311 (b) Notwithstanding Subsection (5)(a), a local entity may issue assessment bonds to pay
312 for extraordinary repairs to pavement, sewers, drains, curbing, gutters, or sidewalk.
313 (c) A local entity's governing body may define by resolution or ordinance what
314 constitutes ordinary repairs and extraordinary repairs for purposes of this Subsection (5).
315 (d) Nothing in this Subsection (5) may be construed to limit a local entity from levying
316 an assessment within an assessment area to pay operation and maintenance costs as described in
317 a notice under Section 11-42-402 .
318 (6) If a local entity has issued bond anticipation notes under Section 11-42-602 in
319 anticipation of assessment bonds that the local entity issues under this part, the local entity shall
320 provide for the retirement of the bond anticipation notes contemporaneously with the issuance
321 of the assessment bonds.
322 Section 5. Section 13-21-2 is amended to read:
323 13-21-2. Definitions -- Exemptions.
324 As used in this chapter:
325 (1) "Buyer" means an individual who is solicited to purchase or who purchases the
326 services of a credit services organization.
327 (2) "Credit reporting agency" means a person who, for a monetary fee, dues, or on a
328 cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling
329 or evaluating consumer credit information or other information on consumers for the purpose of
330 furnishing consumer reports to third persons.
331 (3) (a) "Credit services organization" means a person who represents [
332 person or an employee [
333 extension of credit by others, sells, provides, or performs, or represents that the person can or
334 will sell, provide, or perform, in return for the payment of money or other valuable
335 consideration any of the following services:
336 (i) improving a buyer's credit record, history, or rating;
337 (ii) providing advice, assistance, instruction, or instructional materials to a buyer with
338 regard to Subsection (3)(a)(i); or
339 (iii) debt reduction or debt management plans.
340 (b) "Credit services organization" does not include:
341 (i) a person authorized to make loans or extensions of credit under the laws of this state
342 or the United States who is subject to regulation and supervision by this state or the United
343 States and who derives at least 35% of the person's income from making loans and extensions
344 of credit;
345 (ii) a depository institution:
346 (A) as defined in Section 7-1-103 ; or
347 (B) that is regulated or supervised by the Federal Deposit Insurance Corporation or the
348 National Credit Union Administration;
349 (iii) a person licensed as a real estate broker by this state if the person is acting within
350 the course and scope of that license;
351 (iv) a person licensed to practice law in this state if:
352 (A) the person renders the services described in Subsection (3)(a) within the course and
353 scope of the person's practice as an attorney; and
354 (B) the services described in Subsection (3)(a) are incidental to the person's practice as
355 an attorney;
356 (v) a broker-dealer registered with the Securities and Exchange Commission or the
357 Commodity Futures Trading Commission if the broker-dealer is acting within the course and
358 scope of that regulation;
359 (vi) a credit reporting agency if the services described in Subsection (3)(a) are incidental
360 to the credit reporting agency's services; or
361 (vii) a person who provides debt-management services and is required to be registered
362 under Title 13, Chapter 42, Uniform Debt-Management Services Act.
363 (4) "Extension of credit" means the right to defer payment of debt or to incur debt and
364 defer its payment, offered or granted primarily for personal, family, or household purposes.
365 Section 6. Section 13-43-206 is amended to read:
366 13-43-206. Advisory opinion -- Process.
367 (1) A request for an advisory opinion under Section 13-43-205 shall be:
368 (a) filed with the Office of the Property Rights Ombudsman; and
369 (b) accompanied by a filing fee of $150.
370 (2) The Office of the Property Rights Ombudsman may establish policies providing for
371 partial fee waivers for a person who is financially unable to pay the entire fee.
372 (3) A person requesting an advisory opinion need not exhaust administrative remedies,
373 including remedies described under Section 10-9a-801 or 17-27a-801 , before requesting an
374 advisory opinion.
375 (4) The Office of the Property Rights Ombudsman shall:
376 (a) deliver notice of the request to opposing parties indicated in the request;
377 (b) inquire of all parties if there are other necessary parties to the dispute; and
378 (c) deliver notice to all necessary parties.
379 (5) If a governmental entity is an opposing party, the Office of the Property Rights
380 Ombudsman shall deliver the request in the manner provided for in Section [
381 63-30d-401 .
382 (6) (a) The Office of the Property Rights Ombudsman shall promptly determine if the
383 parties can agree to a neutral third party to issue an advisory opinion.
384 (b) If no agreement can be reached within four business days after notice is delivered
385 pursuant to Subsections (4) and (5), the Office of the Property Rights Ombudsman shall appoint
386 a neutral third party to issue an advisory opinion.
387 (7) All parties that are the subject of the request for advisory opinion shall:
388 (a) share equally in the cost of the advisory opinion; and
389 (b) provide financial assurance for payment that the neutral third party requires.
390 (8) The neutral third party shall comply with the provisions of Section 78-31a-109 , and
391 shall promptly:
392 (a) seek a response from all necessary parties to the issues raised in the request for
393 advisory opinion;
394 (b) investigate and consider all responses; and
395 (c) issue a written advisory opinion within 15 business days after the appointment of the
396 neutral third party under Subsection (6)(b), unless:
397 (i) the parties agree to extend the deadline; or
398 (ii) the neutral third party determines that the matter is complex and requires additional
399 time to render an opinion, which may not exceed 30 calendar days.
400 (9) An advisory opinion shall include a statement of the facts and law supporting the
401 opinion's conclusions.
402 (10) (a) Copies of any advisory opinion issued by the Office of the Property Rights
403 Ombudsman shall be delivered as soon as practicable to all necessary parties.
404 (b) A copy of the advisory opinion shall be delivered to the government entity in the
405 manner provided for in Section 63-30d-401 .
406 (11) An advisory opinion issued by the Office of the Property Rights Ombudsman is not
407 binding on any party to, nor admissible as evidence in, a dispute involving land use law except
408 as provided in Subsection (12).
409 (12) (a) If the same issue that is the subject of an advisory opinion is listed as a cause of
410 action in litigation, and that cause of action is litigated on the same facts and circumstances and
411 is resolved consistent with the advisory opinion, the substantially prevailing party on that cause
412 of action may collect reasonable attorney fees and court costs pertaining to the development of
413 that cause of action from the date of the delivery of the advisory opinion to the date of the
414 court's resolution.
415 (b) Nothing in this Subsection (12) is intended to create any new cause of action under
416 land use law.
417 (13) Unless filed by the local government, a request for an advisory opinion under
418 Section 13-43-205 does not stay the progress of a land use application, or the effect of a land
419 use decision.
420 Section 7. Section 16-4-102 is amended to read:
421 16-4-102. Definitions.
422 As used in this chapter:
423 (1) "Corporation" means a nonprofit corporation or a profit corporation.
424 (2) "Nonprofit corporation" means a nonprofit corporation as defined in Section
425 16-6a-102 .
426 (3) "Profit corporation" means a corporation as defined in Section 16-10a-102 .
427 (4) "Shares" means shares as defined in:
428 (a) Section 16-6a-102 for a nonprofit corporation; and
429 (b) Section 16-10a-102 for a profit corporation.
430 (5) "Water company" means a corporation in which a shareholder has the right, based
431 on the [
432 by the corporation.
433 Section 8. Section 16-6a-1702 is amended to read:
434 16-6a-1702. Application to foreign nonprofit corporations.
435 (1) A foreign nonprofit corporation authorized to conduct affairs in this state on April
436 30, 2001, is subject to this chapter, but is not required to obtain a new certificate of authority to
437 conduct affairs under this chapter.
438 (2) A foreign nonprofit corporation that is qualified to do business in this state under
439 the provisions of Title 16, Chapter 8, which provisions were repealed by [
440 Utah 1961, Chapter 28, shall be authorized to transact business in this state subject to all of the
441 limitations, restrictions, liabilities, and duties prescribed in this chapter.
442 (3) This chapter shall apply to all foreign nonprofit corporations sole qualified to do
443 business in this state with respect to mergers and consolidations.
444 Section 9. Section 17-27a-103 is amended to read:
445 17-27a-103. Definitions.
446 As used in this chapter:
447 (1) "Affected entity" means a county, municipality, local district, special service district
448 under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, school district, interlocal
449 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
450 property owner, property owners association, public utility, or the Utah Department of
451 Transportation, if:
452 (a) the entity's services or facilities are likely to require expansion or significant
453 modification because of an intended use of land;
454 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
455 or
456 (c) the entity has filed with the county a request for notice during the same calendar
457 year and before the county provides notice to an affected entity in compliance with a
458 requirement imposed under this chapter.
459 (2) "Appeal authority" means the person, board, commission, agency, or other body
460 designated by ordinance to decide an appeal of a decision of a land use application or a
461 variance.
462 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
463 residential property if the sign is designed or intended to direct attention to a business, product,
464 or service that is not sold, offered, or existing on the property where the sign is located.
465 (4) "Charter school" includes:
466 (a) an operating charter school;
467 (b) a charter school applicant that has its application approved by a chartering entity in
468 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
469 (c) an entity who is working on behalf of a charter school or approved charter applicant
470 to develop or construct a charter school building.
471 (5) "Chief executive officer" means the person or body that exercises the executive
472 powers of the county.
473 (6) "Conditional use" means a land use that, because of its unique characteristics or
474 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
475 compatible in some areas or may be compatible only if certain conditions are required that
476 mitigate or eliminate the detrimental impacts.
477 (7) "Constitutional taking" means a governmental action that results in a taking of
478 private property so that compensation to the owner of the property is required by the:
479 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
480 (b) Utah Constitution Article I, Section 22.
481 (8) "Culinary water authority" means the department, agency, or public entity with
482 responsibility to review and approve the feasibility of the culinary water system and sources for
483 the subject property.
484 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
485 or more of a person's major life activities, including a person having a record of such an
486 impairment or being regarded as having such an impairment.
487 (b) "Disability" does not include current illegal use of, or addiction to, any federally
488 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
489 802.
490 (10) "Elderly person" means a person who is 60 years old or older, who desires or
491 needs to live with other elderly persons in a group setting, but who is capable of living
492 independently.
493 (11) "Fire authority" means the department, agency, or public entity with responsibility
494 to review and approve the feasibility of fire protection and suppression services for the subject
495 property.
496 (12) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
497 (13) "General plan" means a document that a county adopts that sets forth general
498 guidelines for proposed future development of the unincorporated land within the county.
499 (14) "Identical plans" means building plans submitted to a county that are substantially
500 identical building plans that were previously submitted to and reviewed and approved by the
501 county and describe a building that is:
502 (a) located on land zoned the same as the land on which the building described in the
503 previously approved plans is located; and
504 (b) subject to the same geological and meteorological conditions and the same law as
505 the building described in the previously approved plans.
506 (15) "Interstate pipeline company" means a person or entity engaged in natural gas
507 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
508 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
509 (16) "Intrastate pipeline company" means a person or entity engaged in natural gas
510 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
511 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
512 (17) "Land use application" means an application required by a county's land use
513 ordinance.
514 (18) "Land use authority" means a person, board, commission, agency, or other body
515 designated by the local legislative body to act upon a land use application.
516 (19) "Land use ordinance" means a planning, zoning, development, or subdivision
517 ordinance of the county, but does not include the general plan.
518 (20) "Land use permit" means a permit issued by a land use authority.
519 (21) "Legislative body" means the county legislative body, or for a county that has
520 adopted an alternative form of government, the body exercising legislative powers.
521 (22) "Local district" means any entity under Title 17B, Limited Purpose Local
522 Government Entities - Local Districts, and any other governmental or quasi-governmental entity
523 that is not a county, municipality, school district, or unit of the state.
524 (23) "Lot line adjustment" means the relocation of the property boundary line in a
525 subdivision between two adjoining lots with the consent of the owners of record.
526 (24) "Moderate income housing" means housing occupied or reserved for occupancy by
527 households with a gross household income equal to or less than 80% of the median gross
528 income for households of the same size in the county in which the housing is located.
529 (25) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
530 and expenses incurred in:
531 (a) verifying that building plans are identical plans; and
532 (b) reviewing and approving those minor aspects of identical plans that differ from the
533 previously reviewed and approved building plans.
534 (26) "Noncomplying structure" means a structure that:
535 (a) legally existed before its current land use designation; and
536 (b) because of one or more subsequent land use ordinance changes, does not conform
537 to the setback, height restrictions, or other regulations, excluding those regulations that govern
538 the use of land.
539 (27) "Nonconforming use" means a use of land that:
540 (a) legally existed before its current land use designation;
541 (b) has been maintained continuously since the time the land use ordinance regulation
542 governing the land changed; and
543 (c) because of one or more subsequent land use ordinance changes, does not conform
544 to the regulations that now govern the use of the land.
545 (28) "Official map" means a map drawn by county authorities and recorded in the
546 county recorder's office that:
547 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
548 highways and other transportation facilities;
549 (b) provides a basis for restricting development in designated rights-of-way or between
550 designated setbacks to allow the government authorities time to purchase or otherwise reserve
551 the land; and
552 (c) has been adopted as an element of the county's general plan.
553 (29) "Person" means an individual, corporation, partnership, organization, association,
554 trust, governmental agency, or any other legal entity.
555 (30) "Plan for moderate income housing" means a written document adopted by a
556 county legislative body that includes:
557 (a) an estimate of the existing supply of moderate income housing located within the
558 county;
559 (b) an estimate of the need for moderate income housing in the county for the next five
560 years as revised biennially;
561 (c) a survey of total residential land use;
562 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
563 income housing; and
564 (e) a description of the county's program to encourage an adequate supply of moderate
565 income housing.
566 (31) "Plat" means a map or other graphical representation of lands being laid out and
567 prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
568 (32) "Public hearing" means a hearing at which members of the public are provided a
569 reasonable opportunity to comment on the subject of the hearing.
570 (33) "Public meeting" means a meeting that is required to be open to the public under
571 Title 52, Chapter 4, Open and Public Meetings Act.
572 (34) "Receiving zone" means an unincorporated area of a county that the county's land
573 use authority designates as an area in which an owner of land may receive transferrable
574 development rights.
575 (35) "Record of survey map" means a map of a survey of land prepared in accordance
576 with Section 17-23-17 .
577 (36) "Residential facility for elderly persons" means a single-family or multiple-family
578 dwelling unit that meets the requirements of Section 17-27a-515 , but does not include a health
579 care facility as defined by Section 26-21-2 .
580 (37) "Residential facility for persons with a disability" means a residence:
581 (a) in which more than one person with a disability resides; and
582 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
583 Chapter 2, Licensure of Programs and Facilities; or
584 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
585 Health Care Facility Licensing and Inspection Act.
586 (38) "Sanitary sewer authority" means the department, agency, or public entity with
587 responsibility to review and approve the feasibility of sanitary sewer services or onsite
588 wastewater systems.
589 (39) "Sending zone" means an unincorporated area of a county that the county's land
590 use authority designates as an area from which an owner of land may transfer transferrable
591 development rights to an owner of land in a receiving zone.
592 (40) "Specified public utility" means an electrical corporation, gas corporation, or
593 telephone corporation, as those terms are defined in Section 54-2-1 .
594 (41) "Street" means a public right-of-way, including a highway, avenue, boulevard,
595 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.
596 (42) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
597 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
598 purpose, whether immediate or future, for offer, sale, lease, or development either on the
599 installment plan or upon any and all other plans, terms, and conditions.
600 (b) "Subdivision" includes:
601 (i) the division or development of land whether by deed, metes and bounds description,
602 devise and testacy, map, plat, or other recorded instrument; and
603 (ii) except as provided in Subsection (42)(c), divisions of land for residential and
604 nonresidential uses, including land used or to be used for commercial, agricultural, and
605 industrial purposes.
606 (c) "Subdivision" does not include:
607 (i) a bona fide division or partition of agricultural land for agricultural purposes;
608 (ii) a recorded agreement between owners of adjoining properties adjusting their mutual
609 boundary if:
610 (A) no new lot is created; and
611 (B) the adjustment does not violate applicable land use ordinances;
612 (iii) a recorded document, executed by the owner of record:
613 (A) revising the legal description of more than one contiguous unsubdivided parcel of
614 property into one legal description encompassing all such parcels of property; or
615 (B) joining a subdivided parcel of property to another parcel of property that has not
616 been subdivided, if the joinder does not violate applicable land use ordinances;
617 (iv) a bona fide division or partition of land in a county other than a first class county
618 for the purpose of siting, on one or more of the resulting separate parcels:
619 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
620 corporation, interstate pipeline company, or intrastate pipeline company; or
621 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other utility
622 service regeneration, transformation, retransmission, or amplification facility; or
623 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
624 their mutual boundary if:
625 (A) no new dwelling lot or housing unit will result from the adjustment; and
626 (B) the adjustment will not violate any applicable land use ordinance.
627 (d) The joining of a subdivided parcel of property to another parcel of property that has
628 not been subdivided does not constitute a subdivision under this Subsection (42) as to the
629 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
630 ordinance.
631 (43) "Township" means a contiguous, geographically defined portion of the
632 unincorporated area of a county, established under this part or reconstituted or reinstated under
633 Section 17-27a-306 , with planning and zoning functions as exercised through the township
634 planning commission, as provided in this chapter, but with no legal or political identity separate
635 from the county and no taxing authority, except that "township" means a former township under
636 [
637 (44) "Transferrable development right" means the entitlement to develop land within a
638 sending zone that would vest according to the county's existing land use ordinances on the date
639 that a completed land use application is filed seeking the approval of development activity on
640 the land.
641 (45) "Unincorporated" means the area outside of the incorporated area of a
642 municipality.
643 (46) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
644 land use zones, overlays, or districts.
645 Section 10. Section 17-27a-301 is amended to read:
646 17-27a-301. Ordinance establishing planning commission required -- Exception --
647 Ordinance requirements -- Township planning commission -- Compensation.
648 (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
649 establishing a countywide planning commission for the unincorporated areas of the county not
650 within a township.
651 (b) Subsection (1)(a) does not apply if all of the county is included within any
652 combination of:
653 (i) municipalities; and
654 (ii) townships with their own planning commissions.
655 (2) The ordinance shall define:
656 (a) the number and terms of the members and, if the county chooses, alternate
657 members;
658 (b) the mode of appointment;
659 (c) the procedures for filling vacancies and removal from office;
660 (d) the authority of the planning commission; and
661 (e) other details relating to the organization and procedures of the planning
662 commission.
663 (3) (a) If the county establishes a township planning commission, the county legislative
664 body shall enact an ordinance defining appointment procedures, procedures for filling vacancies
665 and removing members from office, and other details relating to the organization and
666 procedures of each township planning commission.
667 (b) The planning commission for each township shall consist of seven members who,
668 except as provided in Subsection (3)(e), shall be appointed by:
669 (i) in a county operating under a form of government in which the executive and
670 legislative functions of the governing body are separated, the county executive with the advice
671 and consent of the county legislative body; or
672 (ii) in a county operating under a form of government in which the executive and
673 legislative functions of the governing body are not separated, the county legislative body.
674 (c) (i) Members shall serve four-year terms and until their successors are appointed or,
675 as provided in Subsection (3)(e), elected and qualified.
676 (ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in
677 Subsection (3)(e), members of the first planning commissions shall be appointed so that, for
678 each commission, the terms of at least one member and no more than two members expire each
679 year.
680 (d) (i) Except as provided in Subsection (3)(d)(ii), each member of a township planning
681 commission shall be a registered voter residing within the township.
682 (ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission of
683 a township reconstituted under [
684 or established under Subsection 17-27a-306 (1)(e)(i) may be an appointed member who is a
685 registered voter residing outside the township if that member:
686 (I) is an owner of real property located within the township; and
687 (II) resides within the county in which the township is located.
688 (B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the township
689 planning commission from a list of three persons submitted by the county legislative body.
690 (II) If the township planning commission has not notified the county legislative body of
691 its choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planning
692 commission's receipt of the list, the county legislative body may appoint one of the three
693 persons on the list or a registered voter residing within the township as a member of the
694 township planning commission.
695 (e) (i) The legislative body of each county in which a township reconstituted under
696 [
697 17-27a-306 (1)(e)(i) is located shall enact an ordinance that provides for the election of at least
698 three members of the planning commission of that township.
699 (ii) The election of planning commission members under Subsection (3)(e)(i) shall
700 coincide with the election of other county officers during even-numbered years. Approximately
701 half the elected planning commission members shall be elected every four years during elections
702 held on even-numbered years, and the remaining elected members shall be elected every four
703 years on alternating even-numbered years.
704 (f) (i) (A) The legislative body of each county in which a township reconstituted under
705 [
706 17-27a-306 (1)(e)(i) is located shall enact an ordinance appointing each elected member of the
707 planning and zoning board of the former township, established under [
708 Utah 1996, Chapter 308, as a member of the planning commission of the reconstituted or
709 reinstated township. Each member appointed under this subsection shall be considered an
710 elected member.
711 (B) (I) Except as provided in Subsection (3)(f)(i)(B)(II), the term of each member
712 appointed under Subsection (3)(f)(i)(A) shall continue until the time that the member's term as
713 an elected member of the former township planning and zoning board would have expired.
714 (II) Notwithstanding Subsection (3)(f)(i)(B)(I), the county legislative body may adjust
715 the terms of the members appointed under Subsection (3)(f)(i)(A) so that the terms of those
716 members coincide with the schedule under Subsection (3)(e)(ii) for elected members.
717 (ii) Subject to Subsection (3)(f)(iii), the legislative body of a county in which a township
718 reconstituted under [
719 established under Subsection 17-27a-306 (1)(e)(i) is located may enact an ordinance allowing
720 each appointed member of the planning and zoning board of the former township, established
721 under [
722 of the planning commission of the reconstituted or reinstated township until the time that the
723 member's term as a member of the former township's planning and zoning board would have
724 expired.
725 (iii) If a planning commission of a township reconstituted under [
726 Utah 1997, Chapter 389, or reinstated or established under Subsection 17-27a-306 (1)(e)(i) has
727 more than one appointed member who resides outside the township, the legislative body of the
728 county in which that township is located shall, within 15 days of the effective date of this
729 Subsection (3)(f)(iii), dismiss all but one of the appointed members who reside outside the
730 township, and a new member shall be appointed under Subsection (3)(b) no later than August
731 16, 1997, to fill the position of each dismissed member.
732 (g) (i) Except as provided in Subsection (3)(g)(ii), upon the appointment or election of
733 all members of a township planning commission, each township planning commission under this
734 section shall begin to exercise the powers and perform the duties provided in Section
735 17-27a-302 with respect to all matters then pending that previously had been under the
736 jurisdiction of the countywide planning commission or township planning and zoning board.
737 (ii) Notwithstanding Subsection (3)(g)(i), if the members of a former township planning
738 and zoning board continue to hold office as members of the planning commission of the
739 township planning district under an ordinance enacted under Subsection (3)(f), the township
740 planning commission shall immediately begin to exercise the powers and perform the duties
741 provided in Section 17-27a-302 with respect to all matters then pending that had previously
742 been under the jurisdiction of the township planning and zoning board.
743 (4) The legislative body may fix per diem compensation for the members of the planning
744 commission, based on necessary and reasonable expenses and on meetings actually attended.
745 Section 11. Section 17-27a-306 is amended to read:
746 17-27a-306. Townships.
747 (1) (a) (i) Subject to Subsection (1)(a)(ii), a county legislative body may, without
748 having received a petition under Subsection (1)(b), enact an ordinance establishing a township
749 within the unincorporated county or dividing the unincorporated county into townships.
750 (ii) Before enacting an ordinance under Subsection (1)(a)(i), the county legislative body
751 shall, after providing reasonable advance notice, hold a public hearing on the proposal to
752 establish a township or to divide the unincorporated county into townships.
753 (b) If 25% of the private real property owners in a contiguous area of the
754 unincorporated county petition the county legislative body to establish a township for that area,
755 the county legislative body shall:
756 (i) hold a public hearing to discuss the petition;
757 (ii) at least one week before the public hearing, publish notice of the petition and the
758 time, date, and place of the public hearing at least once in a newspaper of general circulation in
759 the county; and
760 (iii) at the public hearing, consider oral and written testimony from the public and vote
761 on the question of whether or not to establish a township.
762 (c) If the county legislative body establishes a township pursuant to a petition, the
763 members of the township planning commission shall be appointed as provided in Subsection
764 17-27a-301 (3)(b) to perform the duties established in this part for the township.
765 (d) Except as provided in Subsection (1)(e), each township shall:
766 (i) contain:
767 (A) at least 20% but not more than 80% of:
768 (I) the total private land area in the unincorporated county; or
769 (II) the total value of locally assessed taxable property in the unincorporated county; or
770 (B) (I) in a county of the first, second, or third class, at least 5% of the total population
771 of the unincorporated county; or
772 (II) in a county of the fourth, fifth, or sixth class, at least 25% of the total population of
773 the unincorporated county; or
774 (ii) have been declared by the United States Census Bureau as a census designated
775 place.
776 (e) (i) (A) A township that was dissolved under [
777 Chapter 389, is reinstated as a township under this part with the same boundaries and name as
778 before the dissolution, if the former township consisted of a single, contiguous land area.
779 (B) Notwithstanding Subsection (1)(e)(i)(A), a county legislative body may enact an
780 ordinance establishing as a township under this part a former township that was dissolved under
781 [
782 qualify to be reinstated under Subsection (1)(e)(i)(A).
783 (C) A township reinstated under Subsection (1)(e)(i)(A) or established under
784 Subsection (1)(e)(i)(B) shall be subject to the provisions of this part.
785 (ii) Each planning district established under [
786 225, and each township planning district established under [
787 Chapter 389, shall continue in existence as a township, subject to the provisions of this part.
788 (f) (i) After May 1, 2002, the legislative body of each county in which a township that
789 has been reconstituted under [
790 under Subsection (1)(e)(i) is located shall review the township and determine whether its
791 continued existence is advisable.
792 (ii) In conducting the review required under Subsection (1)(f)(i), the county legislative
793 body shall hold a public hearing with reasonable, advance, published notice of the hearing and
794 the purpose of the hearing.
795 (iii) Each township that has been reconstituted under [
796 1997, Chapter 389, or reinstated or established under Subsection (1)(e)(i) and its planning
797 commission shall continue in effect, unless, within 90 days after conducting the review and
798 public hearing required under Subsections (1)(f)(i) and (ii), the county legislative body by
799 ordinance dissolves the township and its planning commission.
800 (g) A township established under this section on or after May 5, 1997, may use the
801 word "township" in its name.
802 (2) (a) If the county legislative body establishes a township without having received a
803 petition, the county legislative body may:
804 (i) assign to the countywide planning commission the duties established in this part that
805 would have been assumed by a township planning commission designated under Subsection
806 (2)(a)(ii); or
807 (ii) designate a planning commission for the township.
808 (b) (i) If the county legislative body fails to designate a planning commission for a
809 township, 40% of the private real property owners in the area proposed to be included in the
810 township, as shown by the last county assessment roll, may petition the county legislative body
811 to designate and appoint a planning commission for the township.
812 (ii) If the county legislative body determines that the petition is validly signed by 40% of
813 the private real property owners in the township, as shown by the last county assessment roll, it
814 shall designate and appoint a planning commission for the township.
815 (3) (a) Except as provided in Subsection (1)(f)(iii), a county legislative body may
816 dissolve township planning commissions created under the authority of this section only by
817 following the procedures and requirements of this Subsection (3).
818 (b) If 20% of the private real property owners in the county petition the county
819 legislative body to dissolve township planning commissions and to appoint a countywide
820 planning commission, the county legislative body shall:
821 (i) hold a public hearing to discuss the petition;
822 (ii) at least one week before the public hearing, publish notice of the petition and the
823 time, date, and place of the public hearing at least once in a newspaper of general circulation in
824 the county; and
825 (iii) at the public hearing, consider oral and written testimony from the public and vote
826 on the question of whether or not to dissolve township planning commissions and to appoint a
827 countywide planning commission.
828 (c) (i) If the county legislative body fails to dissolve township planning commissions and
829 to appoint a countywide planning commission when petitioned to do so by private real property
830 owners under this Subsection (3), 40% of private real property owners in the county, as shown
831 by the last county assessment roll, may petition the county legislative body to dissolve the
832 township planning commissions and to appoint a countywide planning commission.
833 (ii) If the county legislative body determines that the petition is validly signed by 40% of
834 private real property owners in the township, as shown by the last county assessment roll, it
835 shall dissolve the township planning commissions and appoint a countywide planning
836 commission.
837 Section 12. Section 17-27a-307 is amended to read:
838 17-27a-307. Certain township planning and zoning board dissolved.
839 Except as provided in Subsection 17-27a-306 (1)(f), the planning and zoning board of
840 each township formed before May 5, 1997, under [
841 308, is dissolved.
842 Section 13. Section 17-27a-603 is amended to read:
843 17-27a-603. Plat required when land is subdivided -- Approval of plat --
844 Recording plat.
845 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
846 subdivision under Subsection 17-27a-103 [
847 the owner of the land shall provide an accurate plat that describes or specifies:
848 (a) a name or designation of the subdivision that is distinct from any plat already
849 recorded in the county recorder's office;
850 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
851 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
852 intended to be used as a street or for any other public use, and whether any such area is
853 reserved or proposed for dedication for a public purpose;
854 (c) the lot or unit reference, block or building reference, street or site address, street
855 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
856 and width of the blocks and lots intended for sale; and
857 (d) every existing right-of-way and easement grant of record for underground facilities,
858 as defined in Section 54-8a-2 , and for other utility facilities.
859 (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
860 ordinances and this part and has been approved by the culinary water authority and the sanitary
861 sewer authority, the county shall approve the plat.
862 (b) Counties are encouraged to receive a recommendation from the fire authority before
863 approving a plat.
864 (3) The county may withhold an otherwise valid plat approval until the owner of the
865 land provides the legislative body with a tax clearance indicating that all taxes, interest, and
866 penalties owing on the land have been paid.
867 (4) (a) The owner of the land shall acknowledge the plat before an officer authorized by
868 law to take the acknowledgment of conveyances of real estate and shall obtain the signature of
869 each individual designated by the county.
870 (b) The surveyor making the plat shall certify that the surveyor:
871 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
872 Professional Land Surveyors Licensing Act;
873 (ii) has completed a survey of the property described on the plat in accordance with
874 Section 17-23-17 and has verified all measurements; and
875 (iii) has placed monuments as represented on the plat.
876 (c) (i) As applicable, the owner or operator of the underground and utility facilities shall
877 approve the:
878 (A) boundary, course, dimensions, and intended use of the right-of-way and easement
879 grants of record;
880 (B) location of existing underground and utility facilities; and
881 (C) conditions or restrictions governing the location of the facilities within the
882 right-of-way, and easement grants of records, and utility facilities within the subdivision.
883 (ii) The approval of an owner or operator under Subsection (4)(c)(i):
884 (A) indicates only that the plat approximates the location of the existing underground
885 and utility facilities but does not warrant or verify their precise location; and
886 (B) does not affect a right that the owner or operator has under:
887 (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
888 (II) a recorded easement or right-of-way;
889 (III) the law applicable to prescriptive rights; or
890 (IV) any other provision of law.
891 (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
892 land shall, within the time period designated by ordinance, record the plat in the county
893 recorder's office in the county in which the lands platted and laid out are situated.
894 (b) An owner's failure to record a plat within the time period designated by ordinance
895 renders the plat voidable.
896 Section 14. Section 17-52-201 is amended to read:
897 17-52-201. Procedure for initiating adoption of optional plan -- Limitations --
898 Pending proceedings.
899 (1) An optional plan proposing an alternate form of government for a county may be
900 adopted as provided in this chapter.
901 (2) The process to adopt an optional plan establishing an alternate form of county
902 government may be initiated by:
903 (a) the county legislative body as provided in Section 17-52-202 ; or
904 (b) registered voters of the county as provided in Section 17-52-203 .
905 (3) (a) If the process to adopt an optional plan has been initiated under [
906 Laws of Utah 1973, Chapter 26, Section 3, 4, or 5, or Section 17-52-202 or 17-52-203 , the
907 county legislative body may not initiate the process again under Section 17-52-202 unless the
908 earlier proceeding:
909 (i) has been concluded by an affirmative or negative vote of registered voters; or
910 (ii) has not been concluded but has been pending for at least two years.
911 (b) A county legislative body may not initiate the process to adopt an optional plan
912 under Section 17-52-202 within four years of an election at which voters approved or rejected
913 an optional plan proposed as a result of a process initiated by the county legislative body.
914 (c) Registered voters of a county may not initiate the process to adopt an optional plan
915 under Section 17-52-203 within four years of an election at which voters approved or rejected
916 an optional plan proposed as a result of a process initiated by registered voters.
917 Section 15. Section 17-53-216 is amended to read:
918 17-53-216. Business license fees and taxes -- Application information to be
919 transmitted to the county assessor.
920 (1) For the purpose of this section, "business" means any enterprise carried on for the
921 purpose of gain or economic profit, except that the acts of employees rendering services to
922 employers are not included in this definition.
923 (2) The legislative body of a county may by ordinance provide for the licensing of
924 businesses within the unincorporated areas of the county for the purpose of regulation and
925 revenue.
926 (3) All license fees and taxes shall be uniform in respect to the class upon which they
927 are imposed.
928 (4) The county business licensing agency shall transmit the information from each
929 approved business license application to the county assessor within 60 days following the
930 approval of the application.
931 (5) This section may not be construed to enhance, diminish, or otherwise alter the
932 taxing power of counties existing prior to the effective date of [
933 1988, Chapter 144.
934 Section 16. Section 19-2-103 is amended to read:
935 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per
936 diem and expenses.
937 (1) The board comprises 11 members, one of whom shall be the executive director and
938 ten of whom shall be appointed by the governor with the consent of the Senate.
939 (2) The members shall be knowledgeable of air pollution matters and shall be:
940 (a) a practicing physician and surgeon licensed in the state not connected with industry;
941 (b) a registered professional engineer who is not from industry;
942 (c) a representative from municipal government;
943 (d) a representative from county government;
944 (e) a representative from agriculture;
945 (f) a representative from the mining industry;
946 (g) a representative from manufacturing;
947 (h) a representative from the fuel industry; and
948 (i) two representatives of the public not representing or connected with industry, at
949 least one of whom represents organized environmental interests.
950 (3) No more than five of the appointed members shall belong to the same political
951 party.
952 (4) The majority of the members may not derive any significant portion of their income
953 from persons subject to permits or orders under this chapter. Any potential conflict of interest
954 of any member or the executive secretary, relevant to the interests of the board, shall be
955 adequately disclosed.
956 (5) Members serving on the Air Conservation Committee created by [
957 Laws of Utah 1981, Chapter 126, as amended, shall serve as members of the board throughout
958 the terms for which they were appointed.
959 (6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term
960 of four years.
961 (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the
962 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
963 board members are staggered so that approximately half of the board is appointed every two
964 years.
965 (7) [
966 (8) [
967 their successors are appointed, but not more than 90 days after the expiration of their terms.
968 (9) When a vacancy occurs in the membership for any reason, the replacement shall be
969 appointed for the unexpired term.
970 (10) The board shall elect annually a chair and a vice chair from its members.
971 (11) (a) The board shall meet at least quarterly, and special meetings may be called by
972 the chair upon his own initiative, upon the request of the executive secretary, or upon the
973 request of three members of the board.
974 (b) Three days' notice shall be given to each member of the board prior to any meeting.
975 (12) Six members constitute a quorum at any meeting, and the action of a majority of
976 members present is the action of the board.
977 (13) (a) (i) [
978 shall receive no compensation or benefits for [
979 diem and expenses incurred in the performance of the member's official duties at the rates
980 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
981 (ii) [
982 member's service.
983 (b) (i) [
984 does not receive salary, per diem, or expenses from [
985 for [
986 of [
987 Finance under Sections 63A-3-106 and 63A-3-107 .
988 (ii) [
989 receive per diem and expenses for [
990 (c) (i) [
991 salary, per diem, or expenses from the entity that [
992 [
993 [
994 Sections 63A-3-106 and 63A-3-107 .
995 (ii) [
996 expenses for [
997 Section 17. Section 19-4-103 is amended to read:
998 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
999 diem and expenses.
1000 (1) The board created under Section 19-1-106 comprises 11 members, one of whom is
1001 the executive director and the remainder of whom shall be appointed by the governor with the
1002 consent of the Senate.
1003 (2) No more than five appointed members shall be from the same political party.
1004 (3) The appointed members shall be knowledgeable about drinking water and public
1005 water systems and shall represent different geographical areas within the state insofar as
1006 practicable.
1007 (4) The ten appointed members shall be appointed from the following areas:
1008 (a) two elected officials of municipal government or their representatives involved in
1009 management or operation of public water systems;
1010 (b) two representatives of improvement districts, water conservancy districts, or
1011 metropolitan water districts;
1012 (c) one representative from an industry which manages or operates a public water
1013 system;
1014 (d) one registered professional engineer with expertise in civil or sanitary engineering;
1015 (e) one representative from the state water research community or from an institution of
1016 higher education which has comparable expertise in water research;
1017 (f) two representatives of the public who do not represent other interests named in this
1018 section and who do not receive, and have not received during the past two years, a significant
1019 portion of their income, directly or indirectly, from suppliers; and
1020 (g) one representative from a local health department.
1021 (5) (a) Members of the Utah Safe Drinking Water Committee created by [
1022 Laws of Utah 1981, Chapter 126, shall serve as members of the board throughout the terms for
1023 which they were appointed.
1024 (b) Except as required by Subsection (5)(c), as terms of current board members expire,
1025 the governor shall appoint each new member or reappointed member to a four-year term.
1026 (c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the
1027 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1028 board members are staggered so that approximately half of the board is appointed every two
1029 years.
1030 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1031 appointed for the unexpired term.
1032 (7) Each member holds office until the expiration of the member's term, and until a
1033 successor is appointed, but not for more than 90 days after the expiration of the term.
1034 (8) The board shall elect annually a chair and a vice chair from its members.
1035 (9) (a) The board shall meet at least quarterly.
1036 (b) Special meetings may be called by the chair upon his own initiative, upon the
1037 request of the executive secretary, or upon the request of three members of the board.
1038 (c) Reasonable notice shall be given each member of the board prior to any meeting.
1039 (10) Six members constitute a quorum at any meeting and the action of the majority of
1040 the members present is the action of the board.
1041 (11) (a) (i) [
1042 shall receive no compensation or benefits for [
1043 diem and expenses incurred in the performance of the member's official duties at the rates
1044 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
1045 (ii) [
1046 member's service.
1047 (b) (i) [
1048 does not receive salary, per diem, or expenses from [
1049 for [
1050 of [
1051 Finance under Sections 63A-3-106 and 63A-3-107 .
1052 (ii) [
1053 receive per diem and expenses for [
1054 (c) (i) [
1055 salary, per diem, or expenses from the entity that [
1056 [
1057 [
1058 Sections 63A-3-106 and 63A-3-107 .
1059 (ii) [
1060 expenses for [
1061 Section 18. Section 19-5-103 is amended to read:
1062 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
1063 Organization -- Meetings -- Per diem and expenses.
1064 (1) Committee members currently serving on the Water Pollution Control Committee
1065 created under [
1066 throughout the terms for which they were appointed.
1067 (2) The board comprises the executive director and ten members appointed by the
1068 governor with the consent of the Senate.
1069 (3) No more than five of the appointed members may be from the same political party.
1070 (4) The appointed members, insofar as practicable, shall include the following:
1071 (a) one member representing the mineral industries;
1072 (b) one member representing the food processing industries;
1073 (c) one member representing other manufacturing industries;
1074 (d) two members who are officials of municipal government or their representatives
1075 involved in the management or operation of wastewater treatment facilities;
1076 (e) one member representing agricultural and livestock interests;
1077 (f) one member representing fish, wildlife, and recreation interests;
1078 (g) one member representing improvement and service districts; and
1079 (h) two members at large, one of whom represents organized environmental interests,
1080 selected with due consideration of the areas of the state affected by water pollution and not
1081 representing other interests named in this Subsection (4).
1082 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
1083 appointed for the unexpired term with the consent of the Senate.
1084 (6) (a) Except as required by Subsection (6)(b), [
1085 appointed for [
1086 (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the
1087 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1088 board members are staggered so that approximately half of the board is appointed every two
1089 years.
1090 (7) [
1091 terms and until [
1092 days after the formal expiration of [
1093 (8) The board shall:
1094 (a) organize and annually select one of its members as chair and one of its members as
1095 vice chair;
1096 (b) hold at least four regular meetings each calendar year; and
1097 (c) keep minutes of its proceedings which shall be open to the public for inspection.
1098 (9) Special meetings may be called by the chair and must be called by him upon the
1099 request of three or more members of the board.
1100 (10) Each member of the board and the executive secretary shall be notified of the time
1101 and place of each meeting.
1102 (11) Six members of the board constitute a quorum for the transaction of business, and
1103 the action of a majority of members present is the action of the board.
1104 (12) (a) [
1105 member's services, but may receive per diem and expenses incurred in the performance of the
1106 member's official duties at the rates established by the Division of Finance under Sections
1107 63A-3-106 and 63A-3-107 .
1108 (b) [
1109 member's service.
1110 (c) [
1111 per diem, or expenses from the entity that [
1112 member's service may receive per diem and expenses incurred in the performance of [
1113 member's official duties at the rates established by the Division of Finance under Sections
1114 63A-3-106 and 63A-3-107 .
1115 (d) [
1116 expenses for [
1117 Section 19. Section 19-6-108.3 is amended to read:
1118 19-6-108.3. Executive secretary to issue written assurances, make determinations,
1119 and partition operation plans -- Board to make rules.
1120 (1) Based upon risk to human health or the environment from potential exposure to
1121 hazardous waste, the executive secretary may:
1122 (a) even if corrective action is incomplete, issue an enforceable written assurance to a
1123 person acquiring an interest in real property covered by an operation plan that the person to
1124 whom the assurance is issued:
1125 (i) is not a permittee under the operation plan; and
1126 (ii) will not be subject to an enforcement action under this part for contamination that
1127 exists or for violations under this part that occurred before the person acquired the interest in
1128 the real property covered by the operation plan;
1129 (b) determine that corrective action to the real property covered by the operation plan
1130 is:
1131 (i) complete;
1132 (ii) incomplete;
1133 (iii) unnecessary with an environmental covenant; or
1134 (iv) unnecessary without an environmental covenant; and
1135 (c) partition from an operation plan a portion of real property subject to the operation
1136 plan after determining that corrective action for that portion of real property is:
1137 (i) complete;
1138 (ii) unnecessary with an environmental covenant; or
1139 (iii) unnecessary without an environmental covenant.
1140 (2) If the executive secretary determines that an environmental covenant is necessary
1141 under Subsection (1)(b) or (c), the executive secretary shall require that the real property be
1142 subject to an environmental covenant according to Title 57, Chapter 25, Uniform Environmental
1143 Covenants Act.
1144 (3) An assurance issued under Subsection (1) protects the person to whom the
1145 assurance is issued from any cost recovery and contribution action under state law.
1146 (4) By following the procedures and requirements of Title 63, Chapter [
1147 Administrative [
1148 section.
1149 Section 20. Section 31A-22-605.5 is amended to read:
1150 31A-22-605.5. Application.
1151 (1) For purposes of this section "insurance mandate":
1152 (a) means a mandatory obligation with respect to coverage, benefits, or the number or
1153 types of providers imposed on policies of accident and health insurance; and
1154 (b) does not mean an administrative rule imposing a mandatory obligation with respect
1155 to coverage, benefits, or providers unless that mandatory obligation was specifically imposed on
1156 policies of accident and health insurance by statute.
1157 (2) (a) Notwithstanding the provisions of Subsection 31A-1-103 (3)(f), any law imposed
1158 under this title that becomes effective after January 1, 2002, which provides for an insurance
1159 mandate for policies of accident and health insurance shall also apply to health coverage offered
1160 to the state employees' risk pool under Subsection 49-20-202 (1)(a).
1161 (b) If health coverage offered to the state employees' risk pool under Subsection
1162 49-20-202 (1)(a) offers coverage in the same manner and to the same extent as the coverage
1163 required by the insurance mandate imposed under this title or coverage that is greater than the
1164 insurance mandate imposed under this title, the coverage offered to state employees under
1165 Subsection 49-20-202 (1)(a) will be considered in compliance with the insurance mandate.
1166 (c) The program regulated under Subsection 49-20-202 (1)(a) shall report to the
1167 Retirement and Independent Entities Committee created under Section [
1168 by November 30 of each year in which a mandate is imposed under the provisions of this
1169 section. The report shall include the costs and benefits of the particular mandatory obligation.
1170 Section 21. Section 31A-22-723 is amended to read:
1171 31A-22-723. Group and blanket conversion coverage.
1172 (1) Notwithstanding Subsection 31A-1-103 (3)(f), and except as provided in Subsection
1173 (3), all policies of accident and health insurance offered on a group basis under this title, or Title
1174 49, Chapter 20, Public Employees' Benefit and Insurance Program Act, shall provide that a
1175 person whose insurance under the group policy has been terminated is entitled to choose a
1176 converted individual policy of similar accident and health insurance.
1177 (2) A person who has lost group coverage may elect conversion coverage with the
1178 insurer that provided prior group coverage if the person:
1179 (a) has been continuously covered for a period of six months by the group policy or the
1180 group's preceding policies immediately prior to termination;
1181 (b) has exhausted either Utah mini-COBRA coverage as required in Section
1182 31A-22-722 or federal COBRA coverage;
1183 (c) has not acquired or is not covered under any other group coverage that covers all
1184 preexisting conditions, including maternity, if the coverage exists; and
1185 (d) resides in the insurer's service area.
1186 (3) This section does not apply if the person's prior group coverage:
1187 (a) is a stand alone policy that only provides one of the following:
1188 (i) catastrophic benefits;
1189 (ii) aggregate stop loss benefits;
1190 (iii) specific stop loss benefits;
1191 (iv) benefits for specific diseases;
1192 (v) accidental injuries only;
1193 (vi) dental; or
1194 (vii) vision;
1195 (b) is an income replacement policy;
1196 (c) was terminated because the insured:
1197 (i) failed to pay any required individual contribution;
1198 (ii) performed an act or practice that constitutes fraud in connection with the coverage;
1199 or
1200 (iii) made intentional misrepresentation of material fact under the terms of coverage; or
1201 (d) was terminated pursuant to Subsection 31A-8-402.3 (2)(a), 31A-22-721 (2)(a), or
1202 31A-30-107 (2)(a).
1203 (4) (a) The employer shall provide written notification of the right to an individual
1204 conversion policy within 30 days of the insured's termination of coverage to:
1205 (i) the terminated insured;
1206 (ii) the ex-spouse; or
1207 (iii) in the case of the death of the insured:
1208 (A) the surviving spouse; and
1209 (B) the guardian of any dependents, if different from a surviving spouse.
1210 (b) The notification required by Subsection (4)(a) shall:
1211 (i) be sent by first class mail;
1212 (ii) contain the name, address, and telephone number of the insurer that will provide the
1213 conversion coverage; and
1214 (iii) be sent to the insured's last-known address as shown on the records of the employer
1215 of:
1216 (A) the insured;
1217 (B) the ex-spouse; and
1218 (C) if the policy terminates by reason of the death of the insured to:
1219 (I) the surviving spouse; and
1220 (II) the guardian of any dependents, if different from a surviving spouse.
1221 (5) (a) An insurer is not required to issue a converted policy which provides benefits in
1222 excess of those provided under the group policy from which conversion is made.
1223 (b) Except as provided in Subsection (5)(c), if the conversion is made from a health
1224 benefit plan, the employee or member must be offered at least the basic benefit plan as provided
1225 in Subsection 31A-22-613.5 (2)[
1226 (c) If the benefit levels required under Subsection (5)(b) exceed the benefit levels
1227 provided under the group policy, the conversion policy may offer benefits which are
1228 substantially similar to those provided under the group policy.
1229 (6) Written application for the converted policy shall be made and the first premium
1230 paid to the insurer no later than 60 days after termination of the group accident and health
1231 insurance.
1232 (7) The converted policy shall be issued without evidence of insurability.
1233 (8) (a) The initial premium for the converted policy for the first 12 months and
1234 subsequent renewal premiums shall be determined in accordance with premium rates applicable
1235 to age, class of risk of the person, and the type and amount of insurance provided.
1236 (b) The initial premium for the first 12 months may not be raised based on pregnancy of
1237 a covered insured.
1238 (c) The premium for converted policies shall be payable monthly or quarterly as
1239 required by the insurer for the policy form and plan selected, unless another mode or premium
1240 payment is mutually agreed upon.
1241 (9) The converted policy becomes effective at the time the insurance under the group
1242 policy terminates.
1243 (10) (a) A newly issued converted policy covers the employee or the member and must
1244 also cover all dependents covered by the group policy at the date of termination of the group
1245 coverage.
1246 (b) The only dependents that may be added after the policy has been issued are children
1247 and dependents as required by Section 31A-22-610 and Subsections 31A-22-610.5 (6) and (7).
1248 (c) At the option of the insurer, a separate converted policy may be issued to cover any
1249 dependent.
1250 (11) (a) To the extent the group policy provided maternity benefits, the conversion
1251 policy shall provide maternity benefits equal to the lesser of the maternity benefits of the group
1252 policy or the conversion policy until termination of a pregnancy that exists on the date of
1253 conversion if one of the following is pregnant on the date of the conversion:
1254 (i) the insured;
1255 (ii) a spouse of the insured; or
1256 (iii) a dependent of the insured.
1257 (b) The requirements of this Subsection (11) do not apply to a pregnancy that occurs
1258 after the date of conversion.
1259 (12) Except as provided in this Subsection (12), a converted policy is renewable with
1260 respect to all individuals or dependents at the option of the insured. An insured may be
1261 terminated from a converted policy for the following reasons:
1262 (a) a dependent is no longer eligible under the policy;
1263 (b) for a network plan, if the individual no longer lives, resides, or works in:
1264 (i) the insured's service area; or
1265 (ii) the area for which the covered carrier is authorized to do business; or
1266 (c) the individual fails to pay premiums or contributions in accordance with the terms of
1267 the converted policy, including any timeliness requirements;
1268 (d) the individual performs an act or practice that constitutes fraud in connection with
1269 the coverage;
1270 (e) the individual makes an intentional misrepresentation of material fact under the
1271 terms of the coverage; or
1272 (f) coverage is terminated uniformly without regard to any health status-related factor
1273 relating to any covered individual.
1274 (13) Conditions pertaining to health may not be used as a basis for classification under
1275 this section.
1276 Section 22. Section 31A-28-114 is amended to read:
1277 31A-28-114. Miscellaneous provisions.
1278 (1) Nothing in this part shall be construed to reduce the liability for unpaid assessments
1279 of the insureds of an impaired or insolvent insurer operating under a plan with assessment
1280 liability.
1281 (2) (a) Records shall be kept of all meetings of the board of directors to discuss the
1282 activities of the association in carrying out [
1283 (b) Records of the association with respect to an impaired or insolvent insurer may not
1284 be disclosed before the earlier of:
1285 (i) the termination of a liquidation, rehabilitation, or conservation proceeding involving
1286 the impaired or insolvent insurer;
1287 (ii) the termination of the impairment or insolvency of the insurer; or
1288 (iii) upon the order of a court of competent jurisdiction.
1289 (c) Nothing in this Subsection (2) shall limit the duty of the association to render a
1290 report of its activities under Section 31A-28-115 .
1291 (3) (a) For the purpose of carrying out its obligations under this part, the association
1292 shall be considered to be a creditor of an impaired or insolvent insurer to the extent of assets
1293 attributable to covered policies reduced by any amounts to which the association is entitled as
1294 subrogee pursuant to Subsection 31A-28-108 (14).
1295 (b) Assets of the impaired or insolvent insurer attributable to covered policies shall be
1296 used to continue all covered policies and pay all contractual obligations of the impaired or
1297 insolvent insurer as required by this part.
1298 (c) As used in this Subsection (3), assets attributable to covered policies are that
1299 proportion of the assets which the reserves that should have been established for covered
1300 policies bear to the reserves that should have been established for all policies of insurance
1301 written by the impaired or insolvent insurer.
1302 (4) (a) As a creditor of the impaired or insolvent insurer under Subsection (3) and
1303 consistent with Section 31A-27a-701 , the association and any other similar association are
1304 entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the
1305 assets become available to reimburse the association and any other similar association.
1306 (b) If, within 120 days of a final determination of insolvency of an insurer by the
1307 receivership court, the liquidator has not made an application to the court for the approval of a
1308 proposal to disburse assets out of marshaled assets to all guaranty associations having
1309 obligations because of the insolvency, the association is entitled to make application to the
1310 receivership court for approval of the association's proposal for disbursement of these assets.
1311 (5) (a) Prior to the termination of any liquidation, rehabilitation, or conservation
1312 proceeding, the court may take into consideration the contributions of the respective parties,
1313 including:
1314 (i) the association;
1315 (ii) the shareholders;
1316 (iii) policyowners of the insolvent insurer; and
1317 (iv) any other party with a bona fide interest in making an equitable distribution of the
1318 ownership rights of the insolvent insurer.
1319 (b) In making a determination under Subsection (5)(a), the court shall consider the
1320 welfare of the policyholders of the continuing or successor insurer.
1321 (c) A distribution to any stockholder of an impaired or insolvent insurer may not be
1322 made until and unless the total amount of valid claims of the association with interest has been
1323 fully recovered by the association for funds expended in carrying out its powers and duties
1324 under Section 31A-28-108 with respect to the insurer.
1325 (6) (a) If an order for liquidation or rehabilitation of an insurer domiciled in this state
1326 has been entered, the receiver appointed under the order shall have a right to recover on behalf
1327 of the insurer, from any affiliate that controlled the insurer, the amount of distributions, other
1328 than stock dividends paid by the insurer on its capital stock, made at any time during the five
1329 years preceding the petition for liquidation or rehabilitation subject to the limitations of
1330 Subsections (6)(b) through (d).
1331 (b) A distribution described in Subsection (6)(a) may not be recovered if the insurer
1332 shows that:
1333 (i) when paid the distribution was lawful and reasonable; and
1334 (ii) the insurer did not know and could not reasonably have known that the distribution
1335 might adversely affect the ability of the insurer to fulfill its contractual obligations.
1336 (c) (i) A person that was an affiliate that controlled the insurer at the time the
1337 distributions were paid shall be liable up to the amount of distributions received.
1338 (ii) A person that was an affiliate that controlled the insurer at the time the distributions
1339 were declared shall be liable up to the amount of distributions that would have been received if
1340 they had been paid immediately.
1341 (iii) If two or more persons are liable with respect to the same distributions, they shall
1342 be jointly and severally liable.
1343 (d) The maximum amount recoverable under this Subsection (6) shall be the amount
1344 needed in excess of all other available assets of the insolvent insurer to pay the contractual
1345 obligations of the insolvent insurer.
1346 (e) If any person liable under Subsection (6)(c) is insolvent, all of its affiliates that
1347 controlled it at the time the distribution was paid shall be jointly and severally liable for any
1348 resulting deficiency in the amount recovered from the insolvent affiliate.
1349 Section 23. Section 31A-28-222 is amended to read:
1350 31A-28-222. Application of amendments.
1351 (1) The amendments in [
1352 effective on April 30, 2001 and apply to the association's obligations under policies of insolvent
1353 insurers as they exist on or after April 30, 2001.
1354 (2) Notwithstanding Subsection (1), the amendments to Subsections 31A-28-203 (3)
1355 and 31A-28-207 (1)(a) in [
1356 for unearned premium claims shall apply only to insurers that become insolvent after April 30,
1357 2001.
1358 Section 24. Section 34A-2-103 is amended to read:
1359 34A-2-103. Employers enumerated and defined -- Regularly employed --
1360 Statutory employers.
1361 (1) (a) The state, and each county, city, town, and school district in the state are
1362 considered employers under this chapter and Chapter 3, Utah Occupational Disease Act.
1363 (b) For the purposes of the exclusive remedy in this chapter and Chapter 3, Utah
1364 Occupational Disease Act prescribed in Sections 34A-2-105 and 34A-3-102 , the state is
1365 considered to be a single employer and includes any office, department, agency, authority,
1366 commission, board, institution, hospital, college, university, or other instrumentality of the state.
1367 (2) (a) Except as provided in Subsection (4), each person, including each public utility
1368 and each independent contractor, who regularly employs one or more workers or operatives in
1369 the same business, or in or about the same establishment, under any contract of hire, express or
1370 implied, oral or written, is considered an employer under this chapter and Chapter 3, Utah
1371 Occupational Disease Act.
1372 (b) As used in this Subsection (2):
1373 (i) "Independent contractor" means any person engaged in the performance of any work
1374 for another who, while so engaged, is:
1375 (A) independent of the employer in all that pertains to the execution of the work;
1376 (B) not subject to the routine rule or control of the employer;
1377 (C) engaged only in the performance of a definite job or piece of work; and
1378 (D) subordinate to the employer only in effecting a result in accordance with the
1379 employer's design.
1380 (ii) "Regularly" includes all employments in the usual course of the trade, business,
1381 profession, or occupation of the employer, whether continuous throughout the year or for only
1382 a portion of the year.
1383 (3) (a) The client company in an employee leasing arrangement under Title 58, Chapter
1384 59, Professional Employer Organization Registration Act, is considered the employer of leased
1385 employees and shall secure workers' compensation benefits for them by complying with
1386 Subsection 34A-2-201 (1) or (2) and commission rules.
1387 (b) An insurance carrier may underwrite workers' compensation secured in accordance
1388 with Subsection (3)(a) showing the leasing company as the named insured and each client
1389 company as an additional insured by means of individual endorsements.
1390 (c) Endorsements shall be filed with the division as directed by commission rule.
1391 (d) The division shall promptly inform the Division of Occupation and Professional
1392 Licensing within the Department of Commerce if the division has reason to believe that an
1393 employee leasing company is not in compliance with Subsection 34A-2-201 (1) or (2) and
1394 commission rules.
1395 (4) A domestic employer who does not employ one employee or more than one
1396 employee at least 40 hours per week is not considered an employer under this chapter and
1397 Chapter 3, Utah Occupational Disease Act.
1398 (5) (a) As used in this Subsection (5):
1399 (i) (A) "agricultural employer" means a person who employs agricultural labor as
1400 defined in Subsections 35A-4-206 (1) and (2) and does not include employment as provided in
1401 Subsection 35A-4-206 (3); and
1402 (B) notwithstanding Subsection (5)(a)(i)(A), only for purposes of determining who is a
1403 member of the employer's immediate family under Subsection (5)(a)(ii), if the agricultural
1404 employer is a corporation, partnership, or other business entity, "agricultural employer" means
1405 an officer, director, or partner of the business entity;
1406 (ii) "employer's immediate family" means:
1407 (A) an agricultural employer's:
1408 (I) spouse;
1409 (II) grandparent;
1410 (III) parent;
1411 (IV) sibling;
1412 (V) child;
1413 (VI) grandchild;
1414 (VII) nephew; or
1415 (VIII) niece;
1416 (B) a spouse of any person provided in Subsection (5)(a)(ii)(A)(II) through (VIII); or
1417 (C) an individual who is similar to those listed in Subsections (5)(a)(ii)(A) or (B) as
1418 defined by rules of the commission; and
1419 (iii) "nonimmediate family" means a person who is not a member of the employer's
1420 immediate family.
1421 (b) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
1422 agricultural employer is not considered an employer of a member of the employer's immediate
1423 family.
1424 (c) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
1425 agricultural employer is not considered an employer of a nonimmediate family employee if:
1426 (i) for the previous calendar year the agricultural employer's total annual payroll for all
1427 nonimmediate family employees was less than $8,000; or
1428 (ii) (A) for the previous calendar year the agricultural employer's total annual payroll for
1429 all nonimmediate family employees was equal to or greater than $8,000 but less than $50,000;
1430 and
1431 (B) the agricultural employer maintains insurance that covers job-related injuries of the
1432 employer's nonimmediate family employees in at least the following amounts:
1433 (I) $300,000 liability insurance, as defined in Section 31A-1-301 ; and
1434 (II) $5,000 for health care benefits similar to benefits under health care insurance as
1435 defined in Section 31A-1-301 .
1436 (d) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
1437 agricultural employer is considered an employer of a nonimmediate family employee if:
1438 (i) for the previous calendar year the agricultural employer's total annual payroll for all
1439 nonimmediate family employees is equal to or greater than $50,000; or
1440 (ii) (A) for the previous year the agricultural employer's total payroll for nonimmediate
1441 family employees was equal to or exceeds $8,000 but is less than $50,000; and
1442 (B) the agricultural employer fails to maintain the insurance required under Subsection
1443 (5)(c)(ii)(B).
1444 (6) An employer of agricultural laborers or domestic servants who is not considered an
1445 employer under this chapter and Chapter 3, Utah Occupational Disease Act, may come under
1446 this chapter and Chapter 3, Utah Occupational Disease Act, by complying with:
1447 (a) this chapter and Chapter 3, Utah Occupational Disease Act; and
1448 (b) the rules of the commission.
1449 (7) (a) If any person who is an employer procures any work to be done wholly or in
1450 part for the employer by a contractor over whose work the employer retains supervision or
1451 control, and this work is a part or process in the trade or business of the employer, the
1452 contractor, all persons employed by the contractor, all subcontractors under the contractor, and
1453 all persons employed by any of these subcontractors, are considered employees of the original
1454 employer for the purposes of this chapter and Chapter 3, Utah Occupational Disease Act.
1455 (b) Any person who is engaged in constructing, improving, repairing, or remodeling a
1456 residence that the person owns or is in the process of acquiring as the person's personal
1457 residence may not be considered an employee or employer solely by operation of Subsection
1458 (7)(a).
1459 (c) A partner in a partnership or an owner of a sole proprietorship is not considered an
1460 employee under Subsection (7)(a) if the employer who procures work to be done by the
1461 partnership or sole proprietorship obtains and relies on either:
1462 (i) a valid certification of the partnership's or sole proprietorship's compliance with
1463 Section 34A-2-201 indicating that the partnership or sole proprietorship secured the payment of
1464 workers' compensation benefits pursuant to Section 34A-2-201 ; or
1465 (ii) if a partnership or sole proprietorship with no employees other than a partner of the
1466 partnership or owner of the sole proprietorship, a workers' compensation policy issued by an
1467 insurer pursuant to Subsection 31A-21-104 [
1468 (A) the partnership or sole proprietorship is customarily engaged in an independently
1469 established trade, occupation, profession, or business; and
1470 (B) the partner or owner personally waives the partner's or owner's entitlement to the
1471 benefits of this chapter and Chapter 3, Utah Occupational Disease Act, in the operation of the
1472 partnership or sole proprietorship.
1473 (d) A director or officer of a corporation is not considered an employee under
1474 Subsection (7)(a) if the director or officer is excluded from coverage under Subsection
1475 34A-2-104 (4).
1476 (e) A contractor or subcontractor is not an employee of the employer under Subsection
1477 (7)(a), if the employer who procures work to be done by the contractor or subcontractor
1478 obtains and relies on either:
1479 (i) a valid certification of the contractor's or subcontractor's compliance with Section
1480 34A-2-201 ; or
1481 (ii) if a partnership, corporation, or sole proprietorship with no employees other than a
1482 partner of the partnership, officer of the corporation, or owner of the sole proprietorship, a
1483 workers' compensation policy issued by an insurer pursuant to Subsection 31A-21-104 [
1484 stating that:
1485 (A) the partnership, corporation, or sole proprietorship is customarily engaged in an
1486 independently established trade, occupation, profession, or business; and
1487 (B) the partner, corporate officer, or owner personally waives the partner's, corporate
1488 officer's, or owner's entitlement to the benefits of this chapter and Chapter 3, Utah Occupational
1489 Disease Act, in the operation of the partnership's, corporation's, or sole proprietorship's
1490 enterprise under a contract of hire for services.
1491 (f) (i) For purposes of this Subsection (7)(f), "eligible employer" means a person who:
1492 (A) is an employer; and
1493 (B) procures work to be done wholly or in part for the employer by a contractor,
1494 including:
1495 (I) all persons employed by the contractor;
1496 (II) all subcontractors under the contractor; and
1497 (III) all persons employed by any of these subcontractors.
1498 (ii) Notwithstanding the other provisions in this Subsection (7), if the conditions of
1499 Subsection (7)(f)(iii) are met, an eligible employer is considered an employer for purposes of
1500 Section 34A-2-105 of the contractor, subcontractor, and all persons employed by the contractor
1501 or subcontractor described in Subsection (7)(f)(i)(B).
1502 (iii) Subsection (7)(f)(ii) applies if the eligible employer:
1503 (A) under Subsection (7)(a) is liable for and pays workers' compensation benefits as an
1504 original employer under Subsection (7)(a) because the contractor or subcontractor fails to
1505 comply with Section 34A-2-201 ;
1506 (B) (I) secures the payment of workers' compensation benefits for the contractor or
1507 subcontractor pursuant to Section 34A-2-201 ;
1508 (II) procures work to be done that is part or process of the trade or business of the
1509 eligible employer; and
1510 (III) does the following with regard to a written workplace accident and injury
1511 reduction program that meets the requirements of Subsection 34A-2-111 (3)(d):
1512 (Aa) adopts the workplace accident and injury reduction program;
1513 (Bb) posts the workplace accident and injury reduction program at the work site at
1514 which the eligible employer procures work; and
1515 (Cc) enforces the workplace accident and injury reduction program according to the
1516 terms of the workplace accident and injury reduction program; or
1517 (C) (I) obtains and relies on:
1518 (Aa) a valid certification described in Subsection (7)(c)(i) or (7)(e)(i);
1519 (Bb) a workers' compensation policy described in Subsection (7)(c)(ii) or (7)(e)(ii); or
1520 (Cc) proof that a director or officer is excluded from coverage under Subsection
1521 34A-2-104 (4);
1522 (II) is liable under Subsection (7)(a) for the payment of workers' compensation benefits
1523 if the contractor or subcontractor fails to comply with Section 34A-2-201 ;
1524 (III) procures work to be done that is part or process in the trade or business of the
1525 eligible employer; and
1526 (IV) does the following with regard to a written workplace accident and injury
1527 reduction program that meets the requirements of Subsection 34A-2-111 (3)(d):
1528 (Aa) adopts the workplace accident and injury reduction program;
1529 (Bb) posts the workplace accident and injury reduction program at the work site at
1530 which the eligible employer procures work; and
1531 (Cc) enforces the workplace accident and injury reduction program according to the
1532 terms of the workplace accident and injury reduction program.
1533 Section 25. Section 41-8-1 is amended to read:
1534 41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
1535 off-highway vehicles and off-highway implements of husbandry.
1536 (1) A person under 16 years of age, whether resident or nonresident of this state, may
1537 not operate a motor vehicle upon any highway of this state.
1538 (2) This section does not apply to a person operating:
1539 (a) a motor vehicle under a permit issued under Section [
1540
1541 (b) an off-highway vehicle registered under Section 41-22-3 either:
1542 (i) on a highway designated as open for off-highway vehicle use; or
1543 (ii) in the manner prescribed by Section 41-22-10.3 ; or
1544 (c) an off-highway implement of husbandry in the manner prescribed by Subsections
1545 41-22-5.5 (3) through (5).
1546 Section 26. Section 41-10-1 is amended to read:
1547 41-10-1. State Tax Commission designated vehicle department.
1548 The State Tax Commission is hereby designated as the vehicle department of this state
1549 referred to in [
1550 Section 27. Section 49-11-701 is amended to read:
1551 49-11-701. Allowance increase to offset tax liability -- Administration.
1552 (1) This section applies to members of any system administered by the board under this
1553 title, whose retirement allowance remained exempt from the tax imposed under Title 59,
1554 Chapter 10, Individual Income Tax Act, pursuant to [
1555 1988, Chapter 195, Section 2, but whose allowance has subsequently become subject to that
1556 tax.
1557 (2) Any member who meets the conditions established under Subsection (1) shall
1558 receive the following:
1559 (a) the administrator shall calculate the member's retirement allowance pursuant to the
1560 formula governing the system from which the member retired;
1561 (b) the administrator shall then increase the allowance calculated under Subsection
1562 (2)(a) by 3%; and
1563 (c) the adjusted retirement allowance under Subsection (2)(b) is the new basis upon
1564 which any future adjustments to benefits are made.
1565 (3) (a) For all members who retire or are receiving retirement allowances in calendar
1566 year 1989, the administrator shall apply the 3% adjustment under Subsection (2) to all
1567 retirement allowances received in 1989, so that the period for which the allowance becomes
1568 subject to the tax under Title 59, Chapter 10, Individual Income Tax Act, and the period for
1569 which the 3% adjustment is given are the same.
1570 (b) For all members who retire after December 31, 1989, and who meet the
1571 requirements of Subsection (1), the administrator shall apply the 3% adjustment under
1572 Subsection (2) beginning on the effective date of retirement.
1573 (4) Any penalty or interest for underpayment of taxes under Title 59, Chapter 1,
1574 General Taxation Policies, or 10, Individual Income Tax Act, shall be waived for members
1575 whose noncompliance is attributable to Section 49-11-611 and this section. This only applies to
1576 tax year 1989.
1577 (5) The administrator shall comply with Title 59, Chapter 10, Part 4, Withholding of
1578 Tax, with respect to withholding of taxes.
1579 (6) (a) The retirement board shall annually certify the contribution rate necessary for
1580 each system to comply with this section and may adopt rules to administer this section.
1581 (b) This contribution rate shall be reported separately from the total contribution rate
1582 necessary to fund the systems on an actuarially sound basis and may not be used in comparative
1583 studies of public employee benefits.
1584 Section 28. Section 53-2-402 is amended to read:
1585 53-2-402. Definitions.
1586 (1) Unless otherwise defined in this section, the terms defined in Part 1, Homeland
1587 Security Act, shall have the same meaning for this part.
1588 (2) As used in this part:
1589 (a) "Declared disaster" means one or more events:
1590 (i) within the state;
1591 (ii) that occur within a limited period of time;
1592 (iii) that involve:
1593 (A) a significant number of persons being at risk of bodily harm, sickness, or death; or
1594 (B) a significant portion of real property at risk of loss;
1595 (iv) that are sudden in nature and generally occur less frequently than every three years;
1596 and
1597 (v) that results in:
1598 (A) the president of the United States declaring an emergency or major disaster in the
1599 state;
1600 (B) the governor declaring a state of emergency under Title 63, Chapter 5a, Disaster
1601 Response and Recovery; or
1602 (C) the chief executive officer of a local government declaring a local emergency under
1603 Title 63, Chapter 5a, Disaster Response and Recovery.
1604 (b) "Disaster recovery fund" means the State Disaster Recovery Restricted Account
1605 created in Section 53-2-403 .
1606 (c) "Emergency preparedness" means the following done for the purpose of being
1607 prepared for an emergency as defined by the division by rule made in accordance with Title 63,
1608 Chapter 46a, Utah Administrative Rulemaking Act:
1609 (i) the purchase of equipment;
1610 (ii) the training of personnel; or
1611 (iii) the obtaining of a certification.
1612 (d) (i) "Emergency disaster services" means the following that are of a temporary basis:
1613 (A) evacuation;
1614 (B) shelter;
1615 (C) medical triage;
1616 (D) emergency transportation;
1617 (E) repair of infrastructure;
1618 (F) safety services, including fencing or roadblocks;
1619 (G) sandbagging;
1620 (H) emergency debris removal;
1621 (I) temporary bridges;
1622 (J) procurement and distribution of food, water, or ice;
1623 (K) procurement and deployment of generators;
1624 (L) rescue or recovery; or
1625 (M) services similar to those described in Subsections (2)(d)(i)(A) through (L), as
1626 defined by the division by rule, that are generally required within the first 96 hours of a declared
1627 disaster.
1628 (ii) "Emergency disaster services" does not include:
1629 (A) emergency preparedness; or
1630 (B) notwithstanding whether or not a county participates in the Wildland Fire
1631 Suppression Fund created in Section [
1632 presuppression costs that may be paid for from the Wildland Fire Suppression Fund if the
1633 county participates in the Wildland Fire Suppression Fund.
1634 (e) "Local fund" means a local government disaster fund created in accordance with
1635 Section 53-2-405 .
1636 (f) "Local government" means a county, city, or town.
1637 (g) "Special fund" means a fund other than a general fund of a local government that is
1638 created for a special purpose established under the uniform system of budgeting, accounting,
1639 and reporting.
1640 Section 29. Section 53-2-403 is amended to read:
1641 53-2-403. State Disaster Recovery Restricted Account.
1642 (1) (a) There is created a restricted account in the General Fund known as the "State
1643 Disaster Recovery Restricted Account."
1644 (b) The disaster recovery fund shall consist of:
1645 [
1646
1647 [
1648 63-38-2.7 ;
1649 [
1650 [
1651 (A) given to the division for purposes consistent with this section; and
1652 (B) deposited into the disaster recovery fund at the request of:
1653 (I) the division; or
1654 (II) the person giving the monies; and
1655 [
1656 (c) Monies in the disaster recovery fund may only be used as follows:
1657 (i) without the monies being appropriated by the Legislature, in any fiscal year the
1658 division may use $100,000 to fund, in accordance with Section 53-2-404 , costs to the state of
1659 emergency disaster services in response to a declared disaster; and
1660 (ii) subject to being appropriated by the Legislature, monies not described in Subsection
1661 (1)(c)(i) may be used to fund costs to the state directly related to a declared disaster that are not
1662 costs related to:
1663 (A) emergency disaster services;
1664 (B) emergency preparedness; or
1665 (C) notwithstanding whether or not a county participates in the Wildland Fire
1666 Suppression Fund created in Section [
1667 presuppression costs that may be paid for from the Wildland Fire Suppression Fund if the
1668 county participates in the Wildland Fire Suppression Fund.
1669 (2) The state treasurer shall invest monies in the disaster recovery fund according to
1670 Title 51, Chapter 7, State Money Management Act, except that the state treasurer shall deposit
1671 all interest or other earnings derived from the disaster recovery fund into the disaster recovery
1672 fund.
1673 (3) (a) Except as provided in Subsection (1), the monies in the disaster recovery fund
1674 may not be diverted, appropriated, or used for a purpose that is not listed in this section.
1675 (b) Notwithstanding Section 63-38-3.6 , the Legislature may not appropriate monies
1676 from the disaster recovery fund to eliminate or otherwise reduce an operating deficit if the
1677 monies appropriated from the disaster recovery fund are used for a purpose other than one
1678 listed in this section.
1679 (c) The Legislature may not amend the purposes for which monies in the disaster
1680 recovery fund may be used except by the affirmative vote of two-thirds of all the members
1681 elected to each house.
1682 Section 30. Section 53-3-202 is amended to read:
1683 53-3-202. Drivers must be licensed -- Taxicab endorsement -- Violation.
1684 (1) A person may not drive a motor vehicle on a highway in this state unless the person
1685 is:
1686 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
1687 division under this chapter;
1688 (b) driving an official United States Government class D motor vehicle with a valid
1689 United States Government driver permit or license for that type of vehicle;
1690 (c) driving a road roller, road machinery, or any farm tractor or implement of husbandry
1691 temporarily drawn, moved, or propelled on the highways;
1692 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
1693 has in his immediate possession a valid license certificate issued to him in his home state or
1694 country and is driving as a class D or M driver;
1695 (e) a nonresident who is at least 18 years of age and who has in his immediate
1696 possession a valid license certificate issued to him in his home state or country if driving in the
1697 class or classes identified on the home state license certificate, except those persons referred to
1698 in Part 6 of this chapter;
1699 (f) driving under a [
1700 learner permit in accordance with Section [
1701 (g) driving with a temporary license certificate issued in accordance with Section
1702 53-3-207 ; or
1703 (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
1704 (2) A person may not drive or, while within the passenger compartment of a motor
1705 vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
1706 motor vehicle upon a highway unless the person:
1707 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
1708 being towed; or
1709 (b) is exempted under either Subsection (1)(b) or (1)(c).
1710 (3) A person may not drive a motor vehicle as a taxicab on a highway of this state
1711 unless the person has a taxicab endorsement issued by the division on his license certificate.
1712 (4) (a) A person may not operate an electric assisted bicycle as defined under Section
1713 41-6a-102 unless the person has a valid class M or class D license issued under this chapter.
1714 (b) Subsection (4)(a) is an exception to the provisions of Section 53-3-104 .
1715 (5) A person who violates this section is guilty of a class C misdemeanor.
1716 Section 31. Section 53-3-204 is amended to read:
1717 53-3-204. Persons who may not be licensed.
1718 (1) (a) The division may not license a person who:
1719 (i) is younger than 16 years of age;
1720 (ii) has not completed a course in driver training approved by the commissioner;
1721 (iii) if the person is a minor, has not completed the driving requirement under Section
1722 53-3-211 ;
1723 (iv) is not a resident of the state, unless the person is issued a temporary CDL under
1724 Subsection 53-3-407 (2)(b); or
1725 (v) if the person is 17 years of age or younger, has not held a learner permit issued
1726 under Section 53-3-210.5 for six months.
1727 (b) Subsections (1)(a)(i), (ii), and (iii) do not apply to a person:
1728 (i) who has been licensed before July 1, 1967; or
1729 (ii) who is 16 years of age or older making application for a license who has been
1730 licensed in another state or country[
1731 [
1732 [
1733
1734
1735 (2) The division may not issue a license certificate to a person:
1736 (a) whose license has been suspended, denied, cancelled, or disqualified during the
1737 period of suspension, denial, cancellation, or disqualification;
1738 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;
1739 (c) who has previously been adjudged mentally incompetent and who has not at the
1740 time of application been restored to competency as provided by law;
1741 (d) who is required by this chapter to take an examination unless the person successfully
1742 passes the examination; or
1743 (e) whose driving privileges have been denied or suspended under:
1744 (i) Section 78-3a-506 by an order of the juvenile court; or
1745 (ii) Section 53-3-231 .
1746 (3) The division may grant a class D or M license to a person whose commercial license
1747 is disqualified under Part 4, Uniform Commercial Driver License Act, if the person is not
1748 otherwise sanctioned under this chapter.
1749 Section 32. Section 53-3-227 is amended to read:
1750 53-3-227. Driving a motor vehicle prohibited while driving privilege denied,
1751 suspended, disqualified, or revoked -- Penalties.
1752 (1) A person whose driving privilege has been denied, suspended, disqualified, or
1753 revoked under this chapter or under the laws of the state in which the person's driving privilege
1754 was granted and who drives any motor vehicle upon the highways of this state while that driving
1755 privilege is denied, suspended, disqualified, or revoked shall be punished as provided in this
1756 section.
1757 (2) A person convicted of a violation of Subsection (1), other than a violation specified
1758 in Subsection (3), is guilty of a class C misdemeanor.
1759 (3) (a) A person is guilty of a class B misdemeanor if the person's conviction under
1760 Subsection (1) is based on the person driving a motor vehicle while the person's driving
1761 privilege is suspended, disqualified, or revoked for:
1762 (i) a refusal to submit to a chemical test under Section 41-6a-520 ;
1763 (ii) a violation of Section 41-6a-502 ;
1764 (iii) a violation of a local ordinance that complies with the requirements of Section
1765 41-6a-510 ;
1766 (iv) a violation of Section 41-6a-517 ;
1767 (v) a violation of Section 76-5-207 ;
1768 (vi) a criminal action that the person plead guilty to as a result of a plea bargain after
1769 having been originally charged with violating one or more of the sections or ordinances under
1770 this Subsection (3);
1771 (vii) a revocation or suspension which has been extended under Subsection
1772 53-3-220 (2);
1773 (viii) where disqualification is the result of driving a commercial motor vehicle while the
1774 person's CDL is disqualified, suspended, canceled, or revoked under Subsection 53-3-414 (1); or
1775 (ix) a violation of Section 41-6a-530 .
1776 (b) A person is guilty of a class B misdemeanor if the person's conviction under
1777 Subsection (1) is based on the person driving a motor vehicle while the person's driving
1778 privilege is suspended, disqualified, or revoked by any state, the United States, or any district,
1779 possession, or territory of the United States for violations corresponding to the violations listed
1780 in [
1781 (c) A fine imposed under this Subsection (3) shall be at least the maximum fine for a
1782 class C misdemeanor under Section 76-3-301 .
1783 Section 33. Section 53-5-711 is amended to read:
1784 53-5-711. Law enforcement officials and judges -- Training requirements --
1785 Qualification -- Revocation.
1786 (1) For purposes of this section and Section 76-10-523 :
1787 (a) "Judge" means a judge or justice of a court of record or court not of record, but
1788 does not include a judge pro tem or senior judge.
1789 (b) "Law enforcement official of this state" means:
1790 (i) a member of the Board of Pardons and [
1791 (ii) a district attorney, deputy district attorney, county attorney or deputy county
1792 attorney of a county not in a prosecution district;
1793 (iii) the attorney general;
1794 (iv) an assistant attorney general designated as a criminal prosecutor; or
1795 (v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
1796 (2) To qualify for the exemptions enumerated in Section 76-10-523 , a law enforcement
1797 official or judge shall complete the following training requirements:
1798 (a) meet the requirements of Sections 53-5-704 , 53-5-706 , and 53-5-707 ; and
1799 (b) successfully complete an additional course of training as established by the
1800 commissioner of public safety designed to assist them while carrying out their official law
1801 enforcement and judicial duties as agents for the state or its political subdivisions.
1802 (3) Annual requalification requirements for law enforcement officials and judges shall be
1803 established by the:
1804 (a) Board of Pardons and [
1805 (b) Judicial Council by rule for judges; and
1806 (c) the district attorney, county attorney in a county not in a prosecution district, the
1807 attorney general, or city attorney by policy for prosecutors under their jurisdiction.
1808 (4) The division may:
1809 (a) issue a certificate of qualification to a judge or law enforcement official who has
1810 completed the requirements of Subsection (1), which certificate of qualification is valid until
1811 revoked;
1812 (b) revoke the certificate of qualification of a judge or law enforcement official who
1813 fails to meet the annual requalification criteria established pursuant to Subsection (3); and
1814 (c) certify instructors for the training requirements of this section.
1815 Section 34. Section 53A-1-408 is amended to read:
1816 53A-1-408. Appropriations reallocation.
1817 (1) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures
1818 Act, the State Board of Education may reallocate between line items appropriations for the
1819 support of public education for the fiscal year beginning July 1, 2001 and ending June 30, 2002:
1820 (a) as described in Items 231 through 239 in [
1821 Chapter 334; and
1822 (b) as modified by:
1823 (i) [
1824 (ii) H.B. 1, 2002 General Session; and
1825 (iii) H.B. 3, 2002 General Session.
1826 (2) The total amount of money reallocated under Subsection (1) may not exceed the
1827 sum of the reductions made by H.B. 1, 2002 General Session, and H.B. 3, 2002 General
1828 Session.
1829 Section 35. Section 53A-11-910 is amended to read:
1830 53A-11-910. Disruptive student behavior.
1831 (1) As used in this section:
1832 (a) "Disruptive student behavior" includes:
1833 (i) the grounds for suspension or expulsion described in Section 53A-11-904 ; and
1834 (ii) the conduct described in Subsection 53A-11-908 (2)(b).
1835 (b) "Parent" includes:
1836 (i) a custodial parent of a school-age minor;
1837 (ii) a legally appointed guardian of a school-age minor; or
1838 (iii) any other person purporting to exercise any authority over the minor which could
1839 be exercised by a person described in Subsection (1)(b)(i) or (ii).
1840 (c) "Qualifying minor" means a school-age minor who:
1841 (i) is at least nine years old; or
1842 (ii) turns nine years old at any time during the school year.
1843 (d) "School year" means the period of time designated by a local school board or local
1844 charter board as the school year for the school where the school-age minor is enrolled.
1845 (2) A local school board, school district, governing board of a charter school, or charter
1846 school may impose administrative penalties on a school-age minor who violates this part.
1847 (3) (a) It is unlawful for a school-age minor to engage in disruptive student behavior.
1848 (b) A qualifying minor is subject to the jurisdiction of the juvenile court if the qualifying
1849 minor:
1850 (i) engages in disruptive student behavior, that does not result in suspension or
1851 expulsion, at least six times during the school year;
1852 (ii) (A) engages in disruptive student behavior, that does not result in suspension or
1853 expulsion, at least three times during the school year; and
1854 (B) engages in disruptive student behavior, that results in suspension or expulsion, at
1855 least once during the school year; or
1856 (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
1857 least twice during the school year.
1858 (4) (a) A local school board or governing board of a charter school shall:
1859 (i) authorize a school administrator or a designee of a school administrator to issue
1860 notices of disruptive student behavior to qualifying minors; and
1861 (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
1862 contest a notice of disruptive student behavior.
1863 (b) A school representative shall provide to a parent of a school-age minor, a list of
1864 resources available to assist the parent in resolving the school-age minor's disruptive student
1865 behavior problem.
1866 (c) A local school board or governing board of a charter school shall establish
1867 procedures for a school counselor or other designated school representative to work with a
1868 qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
1869 minor's disruptive student behavior problems before the qualifying minor becomes subject to the
1870 jurisdiction of the juvenile court as provided for under this section.
1871 (5) The notice of disruptive student behavior described in Subsection (4)(a):
1872 (a) shall be issued to a qualifying minor who:
1873 (i) engages in disruptive student behavior, that does not result in suspension or
1874 expulsion, three times during the school year; or
1875 (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
1876 during the school year;
1877 (b) shall require that the qualifying minor and a parent of the qualifying minor:
1878 (i) meet with school authorities to discuss the qualifying minor's disruptive student
1879 behavior; and
1880 (ii) cooperate with the local school board or governing board of a charter school in
1881 correcting the school-age minor's disruptive student behavior;
1882 (c) shall contain a statement indicating:
1883 (i) the number of additional times that, if the qualifying minor engages in disruptive
1884 student behavior that does not result in suspension or expulsion, will result in the qualifying
1885 minor receiving a habitual disruptive student behavior citation; and
1886 (ii) that the qualifying minor will receive a habitual disruptive student behavior citation
1887 if the qualifying minor engages in disruptive student behavior that results in suspension or
1888 expulsion; and
1889 (d) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
1890 (6) A habitual disruptive student behavior citation:
1891 (a) may only be issued to a qualifying minor who:
1892 (i) engages in disruptive student behavior, that does not result in suspension or
1893 expulsion, at least six times during the school year;
1894 (ii) (A) engages in disruptive student behavior, that does not result in suspension or
1895 expulsion, at least three times during the school year; and
1896 (B) engages in disruptive student behavior, that results in suspension or expulsion, at
1897 least once during the school year; or
1898 (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
1899 least twice during the school year; and
1900 (b) may only be issued by a school administrator, a designee of a school administrator,
1901 or a truancy specialist, who is authorized by a local school board or governing board of a local
1902 charter school to issue habitual disruptive student behavior citations.
1903 (7) (a) A qualifying minor to whom a habitual disruptive student behavior citation is
1904 issued under Subsection (6) shall be referred to the juvenile court for violation of Subsection
1905 (3).
1906 (b) Within five days after the day on which a habitual disruptive student behavior
1907 citation is issued, a representative of the school district or charter school shall provide
1908 documentation, to a parent of the qualifying minor who receives the citation, of the efforts made
1909 by a school counselor or representative under Subsection (4)(c).
1910 (8) Nothing in this part prohibits a local school board, school district, governing board
1911 of a charter school, or charter school from taking any lawful action not in conflict with the
1912 provisions of this section, including action described in this part and action relating to a
1913 habitually truant or ungovernable child, to address a disruptive student behavior problem of:
1914 (a) a school-age minor who is not a qualifying minor; or
1915 (b) a qualifying minor, regardless of the number of times that the qualifying minor has
1916 engaged in disruptive student behavior during the school year.
1917 Section 36. Section 53A-17a-131.16 is amended to read:
1918 53A-17a-131.16. State contribution for school district hold harmless program.
1919 (1) The state's contribution of $3,897,110 for a school district hold harmless program
1920 for the fiscal year beginning July 1, 2001, is appropriated to the State Board of Education for
1921 distribution to school districts impacted by the block grant programs established under [
1922
1923 (2) (a) The board shall allocate the appropriation to school districts and the Utah
1924 Schools for the Deaf and the Blind as provided for in rules of the State Board of Education.
1925 (b) The rules shall provide for a reallocation of the total appropriation based on final
1926 year end data.
1927 (c) Each school district shall receive its equitable share of the total which may differ
1928 from the amount specified in [
1929 (d) A district may not receive more or less than its equitable share of the total.
1930 Section 37. Section 53A-29-103 is amended to read:
1931 53A-29-103. Interns -- Workers' compensation medical benefits.
1932 (1) An intern participating in an internship under Section 53A-29-102 is considered to
1933 be a volunteer government worker of the sponsoring public school, or an employee of the
1934 sponsoring private school, solely for purposes of receiving workers' compensation medical
1935 benefits.
1936 (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
1937 against the school and the cooperating employer for all injuries and occupational diseases as
1938 provided under Title [
1939 Occupational Disease Act.
1940 Section 38. Section 53B-2-107 is amended to read:
1941 53B-2-107. Appropriations reallocation.
1942 (1) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures
1943 Act, appropriations for the support of higher education for the fiscal year beginning July 1, 2001
1944 and ending June 30, 2002, may be reallocated between line items as provided in this section.
1945 (2) (a) The president of the University of Utah may reallocate between line items the
1946 appropriations:
1947 (i) described in Items 143-150 and Item 152 in [
1948 Chapter 334; and
1949 (ii) as modified by:
1950 (A) H.B. 1, 2002 General Session; and
1951 (B) H.B. 3, 2002 General Session.
1952 (b) The total amount of money reallocated may not exceed the sum of the reductions
1953 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
1954 (3) (a) The president of Utah State University may reallocate between line items the
1955 appropriations:
1956 (i) described in Items 154-166 in [
1957 (ii) as modified by:
1958 (A) H.B. 1, 2002 General Session; and
1959 (B) H.B. 3, 2002 General Session.
1960 (b) The total amount of money reallocated may not exceed the sum of the reductions
1961 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
1962 (4) (a) The president of Weber State University may reallocate between line items the
1963 appropriations:
1964 (i) described in Items 168 and 169 in [
1965 and
1966 (ii) as modified by:
1967 (A) H.B. 1, 2002 General Session; and
1968 (B) H.B. 3, 2002 General Session.
1969 (b) The total amount of money reallocated may not exceed the sum of the reductions
1970 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
1971 (5) (a) The president of Southern Utah University may reallocate between line items the
1972 appropriations:
1973 (i) described in Items 170-172 in [
1974 (ii) as modified by:
1975 (A) H.B. 1, 2002 General Session; and
1976 (B) H.B. 3, 2002 General Session.
1977 (b) The total amount of money reallocated may not exceed the sum of the reductions
1978 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
1979 (6) (a) The president of Snow College may reallocate between line items the
1980 appropriations:
1981 (i) described in Items 173-175 in [
1982 (ii) as modified by:
1983 (A) H.B. 1, 2002 General Session; and
1984 (B) H.B. 3, 2002 General Session.
1985 (b) The total amount of money reallocated may not exceed the sum of the reductions
1986 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
1987 (7) (a) The president of Dixie State College may reallocate between line items the
1988 appropriations:
1989 (i) described in Items 177-179 in [
1990 (ii) as modified by:
1991 (A) H.B. 1, 2002 General Session; and
1992 (B) H.B. 3, 2002 General Session.
1993 (b) The total amount of money reallocated may not exceed the sum of the reductions
1994 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
1995 (8) (a) The president of the College of Eastern Utah may reallocate between line items
1996 the appropriations:
1997 (i) described in Items 180-183 in [
1998 (ii) as modified by:
1999 (A) H.B. 1, 2002 General Session; and
2000 (B) H.B. 3, 2002 General Session.
2001 (b) The total amount of money reallocated may not exceed the sum of the reductions
2002 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
2003 (9) (a) The president of Utah Valley State College may reallocate between line items
2004 the appropriations:
2005 (i) described in Items 184 and 185 in [
2006 and
2007 (ii) as modified by:
2008 (A) H.B. 1, 2002 General Session; and
2009 (B) H.B. 3, 2002 General Session.
2010 (b) The total amount of money reallocated may not exceed the sum of the reductions
2011 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
2012 (10) (a) The president of Salt Lake Community College may reallocate between line
2013 items the appropriations:
2014 (i) described in Items 186-188 in [
2015 (ii) as modified by:
2016 (A) H.B. 1, 2002 General Session; and
2017 (B) H.B. 3, 2002 General Session.
2018 (b) The total amount of money reallocated may not exceed the sum of the reductions
2019 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
2020 (11) (a) The State Board of Regents may reallocate between line items the
2021 appropriations:
2022 (i) described in Items 189, 190, and 192-199 in [
2023 Chapter 334; and
2024 (ii) as modified by:
2025 (A) H.B. 1, 2002 General Session; and
2026 (B) H.B. 3, 2002 General Session.
2027 (b) The total amount of money reallocated may not exceed the sum of the reductions
2028 made in H.B. 1, 2002 General Session and H.B. 3, 2002 General Session.
2029 Section 39. Section 54-7-12.9 is amended to read:
2030 54-7-12.9. Gross receipts tax decrease on electrical corporations -- Tariffs --
2031 Procedure.
2032 (1) As used in this section:
2033 [
2034 and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing
2035 any electric plant, or in any way furnishing electric power for public service or to its consumers
2036 or members for domestic, commercial, or industrial use, within this state, that:
2037 (A) pays property taxes under Title 59, Chapter 2, Property Tax Act; and
2038 (B) is subject to rate regulation by the commission; and
2039 (ii) "electrical corporation" does not include independent energy producers, or
2040 electricity that is generated on or distributed by the producer solely for the producer's own use,
2041 the use of the producer's tenants, or for the use of members of an association of unit owners
2042 formed under Title 57, Chapter 8, Condominium Ownership Act, and not for sale to the public
2043 generally[
2044 [
2045 (i) imposed by Title 59, Chapter 8a, Gross Receipts Tax on Electrical Corporations
2046 Act; and
2047 (ii) repealed by [
2048 Section 5.
2049 (2) An electrical corporation shall:
2050 (a) file new tariffs with the commission on or before July 31, 2006 as part of its 2006
2051 general rate case revenue requirement:
2052 (i) reflecting the decrease in the electrical corporation's rates as a result of the repeal of
2053 the gross receipts tax by [
2054 and
2055 (ii) spreading the amount of the decrease described in Subsection (2)(a)(i) among all
2056 classes of the electrical corporation's customers on the same basis that the gross receipts tax
2057 was allocated to each class of the electrical corporation's customers under the rates effective on
2058 the day on which the rate determined by the commission take effect under the electrical
2059 corporation's 2006 general rate case filed on or before September 1, 2006; and
2060 (b) on or before the day on which the electrical corporation files new tariffs with the
2061 commission under Subsection (2)(a), file with the commission a complete report of the
2062 calculation of the allocation required by this section.
2063 Section 40. Section 57-1-5 is amended to read:
2064 57-1-5. Creation of joint tenancy presumed -- Tenancy in common -- Severance
2065 of joint tenancy.
2066 (1) (a) Beginning on May 5, 1997, every ownership interest in real estate granted to
2067 two persons in their own right who are designated as husband and wife in the granting
2068 documents is presumed to be a joint tenancy interest with rights of survivorship, unless severed,
2069 converted, or expressly declared in the grant to be otherwise.
2070 (b) Every ownership interest in real estate that does not qualify for the joint tenancy
2071 presumption as provided in Subsection (1)(a) is presumed to be a tenancy in common interest
2072 unless expressly declared in the grant to be otherwise.
2073 (2) (a) Use of words "joint tenancy" or "with rights of survivorship" or "and to the
2074 survivor of them" or words of similar import means a joint tenancy.
2075 (b) Use of words "tenancy in common" or "with no rights of survivorship" or
2076 "undivided interest" or words of similar import declare a tenancy in common.
2077 (3) A sole owner of real property creates a joint tenancy in himself and another or
2078 others:
2079 (a) by making a transfer to himself and another or others as joint tenants by use of the
2080 words as provided in Subsection (2)(a); or
2081 (b) by conveying to another person or persons an interest in land in which an interest is
2082 retained by the grantor and by declaring the creation of a joint tenancy by use of the words as
2083 provided in Subsection (2)(a).
2084 (4) In all cases, the interest of joint tenants shall be equal and undivided.
2085 (5) (a) Except as provided in Subsection (5)(b), if a joint tenant makes a bona fide
2086 conveyance of the joint tenant's interest in property held in joint tenancy to himself or another,
2087 the joint tenancy is severed and converted into a tenancy in common.
2088 (b) If there is more than one joint tenant remaining after a joint tenant severs a joint
2089 tenancy under Subsection (5)(a), the remaining joint tenants continue to hold their interest in
2090 joint tenancy.
2091 (6) The amendments to this section in [
2092 have no retrospective operation and shall govern instruments executed and recorded on or after
2093 May 5, 1997.
2094 Section 41. Section 57-1-21 is amended to read:
2095 57-1-21. Trustees of trust deeds -- Qualifications.
2096 (1) (a) The trustee of a trust deed shall be:
2097 (i) any active member of the Utah State Bar who maintains a place within the state
2098 where the trustor or other interested parties may meet with the trustee to:
2099 (A) request information about what is required to reinstate or payoff the obligation
2100 secured by the trust deed;
2101 (B) deliver written communications to the lender as required by both the trust deed and
2102 by law;
2103 (C) deliver funds to reinstate or payoff the loan secured by the trust deed; or
2104 (D) deliver funds by a bidder at a foreclosure sale to pay for the purchase of the
2105 property secured by the trust deed[
2106 (ii) any depository institution as defined in Section 7-1-103 , or insurance company
2107 authorized to do business and actually doing business in Utah under the laws of Utah or the
2108 United States;
2109 (iii) any corporation authorized to conduct a trust business and actually conducting a
2110 trust business in Utah under the laws of Utah or the United States;
2111 (iv) any title insurance company or agency that:
2112 (A) holds a certificate of authority or license under Title 31A, Insurance Code, to
2113 conduct insurance business in the state;
2114 (B) is actually doing business in the state; and
2115 (C) maintains a bona fide office in the state;
2116 (v) any agency of the United States government; or
2117 (vi) any association or corporation that is licensed, chartered, or regulated by the Farm
2118 Credit Administration or its successor.
2119 (b) For purposes of this Subsection (1), a person maintains a bona fide office within the
2120 state if that person maintains a physical office in the state:
2121 (i) that is open to the public;
2122 (ii) that is staffed during regular business hours on regular business days; and
2123 (iii) at which a trustor of a trust deed may in person:
2124 (A) request information regarding a trust deed; or
2125 (B) deliver funds, including reinstatement or payoff funds.
2126 (c) This Subsection (1) is not applicable to a trustee of a trust deed existing prior to
2127 May 14, 1963, nor to any agreement that is supplemental to that trust deed.
2128 (d) The amendments in [
2129 Subsection (1) apply only to a trustee that is appointed on or after May 6, 2002.
2130 (2) The trustee of a trust deed may not be the beneficiary of the trust deed, unless the
2131 beneficiary is qualified to be a trustee under Subsection (1)(a)(ii), (iii), (v), or (vi).
2132 (3) The power of sale conferred by Section 57-1-23 may only be exercised by the
2133 trustee of a trust deed if the trustee is qualified under Subsection (1)(a)(i) or (iv).
2134 (4) A trust deed with an unqualified trustee or without a trustee shall be effective to
2135 create a lien on the trust property, but the power of sale and other trustee powers under the
2136 trust deed may be exercised only if the beneficiary has appointed a qualified successor trustee
2137 under Section 57-1-22 .
2138 Section 42. Section 57-1-21.5 is amended to read:
2139 57-1-21.5. Trustees of trust deeds -- Duties -- Prohibited conduct -- Penalties.
2140 (1) Except as provided in Subsection (2), the following duties of the trustee may not be
2141 delegated:
2142 (a) the preparation and execution of:
2143 (i) the notice of default and election to sell;
2144 (ii) the cancellation of notice of default and election to sell;
2145 (iii) the notice of sale; and
2146 (iv) the trustee's deed;
2147 (b) the notification of foreclosure through publication, posting, and certified or
2148 registered mail;
2149 (c) the receiving and responding to requests for reinstatement or payoff requirements;
2150 and
2151 (d) the handling of reinstatement or payoff funds.
2152 (2) Nothing in this section is intended to prevent:
2153 (a) the trustee from using clerical or office staff:
2154 (i) that is under the trustee's direct and immediate supervision; and
2155 (ii) to assist in the duties described in Subsection (1);
2156 (b) the trustee from using the services of others for publication, posting, marketing, or
2157 advertising the sale; or
2158 (c) a beneficiary of a trust deed or the servicing agent of the beneficiary from directly
2159 performing the functions described in:
2160 (i) Subsection (1)(c); or
2161 (ii) Subsection (1)(d).
2162 (3) The amendments in [
2163 (2) do not apply to a foreclosure if the notice of default related to the foreclosure was filed
2164 before May 6, 2002.
2165 (4) (a) Except as provided in Subsection (4)(c), a trustee may not solicit or receive any
2166 fee for referring business to a third party.
2167 (b) Fees prohibited under Subsection (4)(a) include:
2168 (i) a commission;
2169 (ii) a referral based fee, including a fee for the referral of:
2170 (A) title work;
2171 (B) posting services; or
2172 (C) publishing services; or
2173 (iii) a fee similar to a fee described in Subsection (4)(b)(i) or (ii).
2174 (c) Subsection (4)(a) does not apply to:
2175 (i) fees received by a trustee for the trustee acting as co-legal counsel, if the trustee is
2176 otherwise permitted by law to receive fees as co-legal counsel; or
2177 (ii) a nonpreferred participation in net profits based upon an ownership interest or
2178 franchise relationship that is not otherwise prohibited by law.
2179 (5) A trustee may not require the following to pay any costs that exceed the actual costs
2180 incurred by the trustee:
2181 (a) a trustor reinstating or paying off a loan; or
2182 (b) a beneficiary acquiring property through foreclosure.
2183 (6) (a) A person that violates Subsection (4) or (5) is guilty of a class B misdemeanor.
2184 (b) In addition to a person's liability under Subsection (6)(a), if a person violates
2185 Subsection (4) or (5), that person is liable to the trustor for an amount equal to the greater of:
2186 (i) the actual damages of the trustor as a result of the violation; or
2187 (ii) $1,000.
2188 (c) In an action brought under Subsection (6)(b), the party that does not prevail in the
2189 action that is brought under Subsection (6)(b) shall pay the attorney fees of the prevailing party.
2190 Section 43. Section 58-1-501.5 is amended to read:
2191 58-1-501.5. Anatomic pathology services -- Billing violations.
2192 (1) As used in this section, the following definitions apply:
2193 (a) (i) "Anatomic pathology services" including "technical or professional component of
2194 anatomic pathology services" means:
2195 (A) histopathology or surgical pathology, meaning the gross examination of, histologic
2196 processing of, or microscopic examination of human organ tissue performed by a physician or
2197 under the supervision of a physician;
2198 (B) cytopathology, meaning the examination of human cells, from fluids, aspirates,
2199 washings, brushings, or smears, including the pap test examination performed by a physician or
2200 under the supervision of a physician;
2201 (C) hematology, meaning the microscopic evaluation of human bone marrow aspirates
2202 and biopsies performed by a physician or under the supervision of a physician and peripheral
2203 human blood smears when the attending or treating physician or other practitioner of the healing
2204 arts or a technologist requests that a blood smear be reviewed by a pathologist;
2205 (D) subcellular pathology and molecular pathology; and
2206 (E) blood bank services performed by a pathologist.
2207 (ii) "Anatomic pathology services" including "technical or professional component of
2208 anatomic pathology services" does not include the initial collection or packaging of a sample for
2209 transport.
2210 (b) "Clinical laboratory" or "laboratory" means a facility for the biological,
2211 microbiological, serological, chemical, immunohematological, hematological, biophysical,
2212 cytological, pathological, or other examination of materials derived from the human body for
2213 the purpose of providing information for the diagnosis, prevention, or treatment of any disease
2214 or impairment of human beings or the assessment of the health of human beings.
2215 (c) "Health care facility" has the meaning provided in Section 26-21-2 .
2216 (d) "Health care provider" includes:
2217 (i) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice
2218 Act;
2219 (ii) a [
2220 Physician Practice Act;
2221 (iii) a dentist licensed under Chapter 69, Dentist and Dental Hygienist Practice Act;
2222 (iv) a nurse midwife licensed under Chapter 44a, Nurse Midwife Practice Act;
2223 (v) an optometrist licensed under Chapter 16a, Utah Optometry Practice Act;
2224 (vi) an osteopathic physician and surgeon licensed under Chapter 68, Utah Osteopathic
2225 Medical Practice Act;
2226 (vii) a [
2227 Licensing Act;
2228 (viii) a physician and surgeon licensed under Chapter 67, Utah Medical Practice Act;
2229 and
2230 (ix) a [
2231 Act.
2232 (e) "Insurer" includes:
2233 (i) any entity offering accident and health insurance as defined in Section 31A-1-301 ;
2234 (ii) workers' compensation benefits;
2235 (iii) a health maintenance organization; or
2236 (iv) any self-insurance, as defined in Section 31A-1-301 , that offers health care
2237 insurance or benefits.
2238 (2) (a) A health care provider who orders anatomic pathology services for a patient
2239 from an independent physician or laboratory may not directly or indirectly mark up, charge a
2240 commission, or make a profit on the anatomic pathology service provided by the independent
2241 physician or laboratory.
2242 (b) Nothing in Subsection (2)(a):
2243 (i) restricts the ability of a health care provider, who has not performed or supervised
2244 either the technical or professional component of the anatomic pathology service, to obtain
2245 payment for services related solely to the collection and packaging of a sample and
2246 administrative billing costs; or
2247 (ii) restricts the ability of the lab function in the Department of Health to bill for
2248 services.
2249 (3) A health care provider when billing a patient directly for anatomic pathology
2250 services provided by an independent physician or laboratory shall furnish an itemized bill which
2251 conforms with the billing practices of the American Medical Association that conspicuously
2252 discloses the charge for each anatomic pathology service, physician or laboratory name, and
2253 address for each anatomic pathology service rendered to the patient by the physician or
2254 laboratory that performed the anatomic pathology service.
2255 (4) The disclosure to be made under Subsection (3) shall not be required when the
2256 anatomic pathology service is being ordered by a hospital, a laboratory performing either the
2257 professional or technical component of the service, or a physician performing either the
2258 professional or technical component of the service, a public health clinic, or a state or federal
2259 agency.
2260 (5) Failure to comply with the requirements of this section shall be considered to be
2261 unprofessional conduct.
2262 Section 44. Section 58-37-5.5 is amended to read:
2263 58-37-5.5. Recognized controlled substance analogs.
2264 (1) A substance listed under Subsection (2) is an analog, as defined in Subsection
2265 58-37-2 (1)[
2266 preparation, is present in:
2267 (a) any product manufactured, distributed, or possessed for the purpose of human
2268 consumption; or
2269 (b) any product, the use or administration of which results in human consumption.
2270 (2) Substances referred to in Subsection (1) include, but are not limited to:
2271 (a) gamma butyrolactone (GBL);
2272 (b) butyrolactone;
2273 (c) 1,2 butanolide;
2274 (d) 2-oxanolone;
2275 (e) tetrahydro-2-furanone;
2276 (f) dihydro-2 (3H)-furanone;
2277 (g) tetramethylene glycol;
2278 (h) 1,4 butanediol; and
2279 (i) gamma valerolactone.
2280 Section 45. Section 58-67-302.5 is amended to read:
2281 58-67-302.5. Licensing of graduates of foreign medical schools.
2282 (1) Notwithstanding any other provision of law to the contrary, an individual enrolled in
2283 a medical school outside the United States, its territories, the District of Columbia, or Canada is
2284 eligible for licensure as a physician and surgeon in this state if the individual has satisfied the
2285 following requirements:
2286 (a) meets all the requirements of Section 58-67-302 , except for Subsection
2287 58-67-302 (1)(d);
2288 (b) has studied medicine in a medical school located outside the United States which is
2289 recognized by an organization approved by the division;
2290 (c) has completed all of the formal requirements of the foreign medical school except
2291 internship or social service;
2292 (d) has attained a passing score on the educational commission for foreign medical
2293 graduates examination or other qualifying examinations such as the United States Medical
2294 Licensing Exam parts I and II, which are approved by the division or a medical school approved
2295 by the division;
2296 (e) has satisfactorily completed one calendar year of supervised clinical training under
2297 the direction of a United States medical education setting accredited by the liaison committee
2298 for graduate medical education and approved by the division;
2299 (f) has completed the postgraduate hospital training required by Subsection
2300 58-67-302 (1)(f)(i); and
2301 (g) has passed the examination required by the division of all applicants for licensure.
2302 (2) Satisfaction of the requirements of Subsection (1) is in lieu of:
2303 (a) the completion of any foreign internship or social service requirements; and
2304 (b) the certification required by Subsection 58-67-302 (1)(e).
2305 (3) Individuals who satisfy the requirements of Subsections (1)(a) through (f) shall be
2306 eligible for admission to graduate medical education programs within the state, including
2307 internships and residencies, which are accredited by the liaison committee for graduate medical
2308 education.
2309 (4) A document issued by a medical school located outside the United States shall be
2310 considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
2311 physician and surgeon in this state if:
2312 (a) the foreign medical school is recognized by an organization approved by the
2313 division;
2314 (b) the document granted by the foreign medical school is issued after the completion of
2315 all formal requirements of the medical school except internship or social service; and
2316 (c) the foreign medical school certifies that the person to whom the document was
2317 issued has satisfactorily completed the requirements of [
2318 (5) The provisions for licensure under this section shall be known as the "fifth pathway
2319 program."
2320 Section 46. Section 58-72-301 is amended to read:
2321 58-72-301. License required -- License classification.
2322 (1) A license is required to engage in the practice of acupuncture, except as specifically
2323 provided in Section 58-1-307 or 58-72-304 .
2324 (2) The division shall issue to a person who qualifies under this chapter a license in the
2325 classification of licensed acupuncturist.
2326 Section 47. Section 58-72-501 is amended to read:
2327 58-72-501. Acupuncture licensee -- Restriction on titles used.
2328 (1) (a) A person practicing as a licensed acupuncturist may not display or in any way
2329 use any title, words, or insignia in conjunction with the person's name or practice except the
2330 words "licensed acupuncturist" or "L.Ac.".
2331 (b) When used in conjunction with the person's practice, the term "licensed
2332 acupuncturist" or "L.Ac." shall be displayed next to the name of the licensed acupuncturist.
2333 (2) (a) A licensed acupuncturist may not use the term "physician," "physician or
2334 surgeon," or "doctor" in conjunction with the acupuncturist's name or practice.
2335 (b) "Doctor of acupuncture" or "oriental medical doctor" may be used if the term is
2336 commensurate with the degree in acupuncture received by the practitioner.
2337 (3) Medical doctors or [
2338 acupuncture shall represent themselves as medical doctors or [
2339 physicians practicing acupuncture and not as licensed acupuncturists.
2340 Section 48. Section 59-2-405.2 is amended to read:
2341 59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
2342 property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
2343 a vessel.
2344 (1) As used in this section:
2345 (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
2346 vehicle that:
2347 (A) is an:
2348 (I) all-terrain type I vehicle as defined in Section 41-22-2 ; or
2349 (II) all-terrain type II vehicle as defined in Section 41-22-2 ;
2350 (B) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
2351 Vehicles; and
2352 (C) has:
2353 (I) an engine with more than 150 cubic centimeters displacement;
2354 (II) a motor that produces more than five horsepower; or
2355 (III) an electric motor; and
2356 (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
2357 snowmobile.
2358 (b) "Camper" means a camper:
2359 (i) as defined in Section 41-1a-102 ; and
2360 (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
2361 Registration.
2362 (c) (i) "Canoe" means a vessel that:
2363 (A) is long and narrow;
2364 (B) has curved sides; and
2365 (C) is tapered:
2366 (I) to two pointed ends; or
2367 (II) to one pointed end and is blunt on the other end; and
2368 (ii) "canoe" includes:
2369 (A) a collapsible inflatable canoe;
2370 (B) a kayak;
2371 (C) a racing shell; or
2372 (D) a rowing scull.
2373 (d) "Dealer" is as defined in Section 41-1a-102 .
2374 (e) "Jon boat" means a vessel that:
2375 (i) has a square bow; and
2376 (ii) has a flat bottom.
2377 (f) "Motor vehicle" is as defined in Section 41-22-2 .
2378 (g) "Other motorcycle" means a motor vehicle that:
2379 (i) is:
2380 (A) a motorcycle as defined in Section 41-1a-102 ; and
2381 (B) designed primarily for use and operation over unimproved terrain;
2382 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
2383 Registration; and
2384 (iii) has:
2385 (A) an engine with more than 150 cubic centimeters displacement; or
2386 (B) a motor that produces more than five horsepower.
2387 (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
2388 used:
2389 (A) to transport tangible personal property; and
2390 (B) for a purpose other than a commercial purpose; and
2391 (ii) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for
2392 purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
2393 purpose other than a commercial purpose.
2394 (i) "Outboard motor" is as defined in Section 41-1a-102 .
2395 (j) "Personal watercraft" means a personal watercraft:
2396 (i) as defined in Section 73-18-2 ; and
2397 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
2398 Boating Act.
2399 (k) (i) "Pontoon" means a vessel that:
2400 (A) is:
2401 (I) supported by one or more floats; and
2402 (II) propelled by either inboard or outboard power; and
2403 (B) is not:
2404 (I) a houseboat; or
2405 (II) a collapsible inflatable vessel; and
2406 (ii) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2407 commission may by rule define the term "houseboat".
2408 (l) "Qualifying adjustment, exemption, or reduction" means an adjustment, exemption,
2409 or reduction:
2410 (i) of all or a portion of a qualifying payment;
2411 (ii) granted by a county during the refund period; and
2412 (iii) received by a qualifying person.
2413 (m) (i) "Qualifying payment" means the payment made:
2414 (A) of a uniform statewide fee in accordance with this section:
2415 (I) by a qualifying person;
2416 (II) to a county; and
2417 (III) during the refund period; and
2418 (B) on an item of qualifying tangible personal property; and
2419 (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
2420 an item of qualifying tangible personal property, the qualifying payment for that qualifying
2421 tangible personal property is equal to the difference between:
2422 (A) the payment described in this Subsection (1)(m) for that item of qualifying tangible
2423 personal property; and
2424 (B) the amount of the qualifying adjustment, exemption, or reduction.
2425 (n) "Qualifying person" means a person that paid a uniform statewide fee:
2426 (i) during the refund period;
2427 (ii) in accordance with this section; and
2428 (iii) on an item of qualifying tangible personal property.
2429 (o) "Qualifying tangible personal property" means a:
2430 (i) qualifying vehicle; or
2431 (ii) qualifying watercraft.
2432 (p) "Qualifying vehicle" means:
2433 (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
2434 centimeters but 150 or less cubic centimeters;
2435 (ii) an other motorcycle with an engine displacement that is 100 or more cubic
2436 centimeters but 150 or less cubic centimeters;
2437 (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
2438 centimeters but 150 or less cubic centimeters;
2439 (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
2440 but 150 or less cubic centimeters; or
2441 (v) a street motorcycle with an engine displacement that is 100 or more cubic
2442 centimeters but 150 or less cubic centimeters.
2443 (q) "Qualifying watercraft" means a:
2444 (i) canoe;
2445 (ii) collapsible inflatable vessel;
2446 (iii) jon boat;
2447 (iv) pontoon;
2448 (v) sailboat; or
2449 (vi) utility boat.
2450 (r) "Refund period" means the time period:
2451 (i) beginning on January 1, 2006; and
2452 (ii) ending on December 29, 2006.
2453 (s) "Sailboat" means a sailboat as defined in Section 73-18-2 .
2454 (t) (i) "Small motor vehicle" means a motor vehicle that:
2455 (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
2456 (B) has:
2457 (I) an engine with 150 or less cubic centimeters displacement; or
2458 (II) a motor that produces five or less horsepower; and
2459 (ii) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2460 commission may by rule develop a process for an owner of a motor vehicle to certify whether
2461 the motor vehicle has:
2462 (A) an engine with 150 or less cubic centimeters displacement; or
2463 (B) a motor that produces five or less horsepower.
2464 (u) "Snowmobile" means a motor vehicle that:
2465 (i) is a snowmobile as defined in Section 41-22-2 ;
2466 (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
2467 Vehicles; and
2468 (iii) has:
2469 (A) an engine with more than 150 cubic centimeters displacement; or
2470 (B) a motor that produces more than five horsepower.
2471 (v) "Street motorcycle" means a motor vehicle that:
2472 (i) is:
2473 (A) a motorcycle as defined in Section 41-1a-102 ; and
2474 (B) designed primarily for use and operation on highways;
2475 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
2476 Registration; and
2477 (iii) has:
2478 (A) an engine with more than 150 cubic centimeters displacement; or
2479 (B) a motor that produces more than five horsepower.
2480 (w) "Tangible personal property owner" means a person that owns an item of qualifying
2481 tangible personal property.
2482 (x) "Tent trailer" means a portable vehicle without motive power that:
2483 (i) is constructed with collapsible side walls that:
2484 (A) fold for towing by a motor vehicle; and
2485 (B) unfold at a campsite;
2486 (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
2487 (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
2488 Registration; and
2489 (iv) does not require a special highway movement permit when drawn by a
2490 self-propelled motor vehicle.
2491 (y) (i) Except as provided in Subsection (1)(y)(ii), "travel trailer" means a travel trailer:
2492 (A) as defined in Section 41-1a-102 ; and
2493 (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
2494 Registration; and
2495 (ii) notwithstanding Subsection (1)(y)(i), "travel trailer" does not include:
2496 (A) a camper; or
2497 (B) a tent trailer.
2498 (z) (i) "Utility boat" means a vessel that:
2499 (A) has:
2500 (I) two or three bench seating;
2501 (II) an outboard motor; and
2502 (III) a hull made of aluminum, fiberglass, or wood; and
2503 (B) does not have:
2504 (I) decking;
2505 (II) a permanent canopy; or
2506 (III) a floor other than the hull; and
2507 (ii) notwithstanding Subsection (1)(z)(i), "utility boat" does not include a collapsible
2508 inflatable vessel.
2509 (aa) "Vessel" means a vessel:
2510 (i) as defined in Section 73-18-2 , including an outboard motor of the vessel; and
2511 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
2512 Boating Act.
2513 (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
2514 beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
2515 (i) exempt from the tax imposed by Section 59-2-103 ; and
2516 (ii) in lieu of the tax imposed by Section 59-2-103 , subject to uniform statewide fees as
2517 provided in this section.
2518 (b) The following tangible personal property applies to Subsection (2)(a) if that tangible
2519 personal property is required to be registered with the state:
2520 (i) an all-terrain vehicle;
2521 (ii) a camper;
2522 (iii) an other motorcycle;
2523 (iv) an other trailer;
2524 (v) a personal watercraft;
2525 (vi) a small motor vehicle;
2526 (vii) a snowmobile;
2527 (viii) a street motorcycle;
2528 (ix) a tent trailer;
2529 (x) a travel trailer; and
2530 (xi) a vessel if that vessel is less than 31 feet in length as determined under Subsection
2531 (6).
2532 (3) For purposes of this section, the uniform statewide fees are:
2533 (a) for an all-terrain vehicle, an other motorcycle, or a snowmobile:
2534 Age of All-Terrain Vehicle, Other Motorcycle, or Snowmobile Uniform Statewide Fee
2535 12 or more years $10
2536 9 or more years but less than 12 years $20
2537 6 or more years but less than 9 years $30
2538 3 or more years but less than 6 years $35
2539 Less than 3 years $45
2540 (b) for a camper or a tent trailer:
2541 Age of Camper or Tent Trailer Uniform Statewide Fee
2542 12 or more years $10
2543 9 or more years but less than 12 years $25
2544 6 or more years but less than 9 years $35
2545 3 or more years but less than 6 years $50
2546 Less than 3 years $70
2547 (c) for an other trailer:
2548 Age of Other Trailer Uniform Statewide Fee
2549 12 or more years $10
2550 9 or more years but less than 12 years $15
2551 6 or more years but less than 9 years $20
2552 3 or more years but less than 6 years $25
2553 Less than 3 years $30
2554 (d) for a personal watercraft:
2555 Age of Personal Watercraft Uniform Statewide Fee
2556 12 or more years $10
2557 9 or more years but less than 12 years $25
2558 6 or more years but less than 9 years $35
2559 3 or more years but less than 6 years $45
2560 Less than 3 years $55
2561 (e) for a small motor vehicle:
2562 Age of Small Motor Vehicle Uniform Statewide Fee
2563 6 or more years $10
2564 3 or more years but less than 6 years $15
2565 Less than 3 years $25
2566 (f) for a street motorcycle:
2567 Age of Street Motorcycle Uniform Statewide Fee
2568 12 or more years $10
2569 9 or more years but less than 12 years $35
2570 6 or more years but less than 9 years $50
2571 3 or more years but less than 6 years $70
2572 Less than 3 years $95
2573 (g) for a travel trailer:
2574 Age of Travel Trailer Uniform Statewide Fee
2575 12 or more years $20
2576 9 or more years but less than 12 years $65
2577 6 or more years but less than 9 years $90
2578 3 or more years but less than 6 years $135
2579 Less than 3 years $175
2580 (h) $10 regardless of the age of the vessel if the vessel is:
2581 (i) less than 15 feet in length;
2582 (ii) a canoe;
2583 (iii) a jon boat; or
2584 (iv) a utility boat;
2585 (i) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
2586 Length of Vessel Uniform Statewide Fee
2587 15 feet or more in length but less than 19 feet in length $15
2588 19 feet or more in length but less than 23 feet in length $25
2589 23 feet or more in length but less than 27 feet in length $40
2590 27 feet or more in length but less than 31 feet in length $75
2591 (j) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
2592 sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
2593 Age of Vessel Uniform Statewide Fee
2594 12 or more years $25
2595 9 or more years but less than 12 years $65
2596 6 or more years but less than 9 years $80
2597 3 or more years but less than 6 years $110
2598 Less than 3 years $150
2599 (k) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
2600 sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
2601 Age of Vessel Uniform Statewide Fee
2602 12 or more years $50
2603 9 or more years but less than 12 years $120
2604 6 or more years but less than 9 years $175
2605 3 or more years but less than 6 years $220
2606 Less than 3 years $275
2607 (l) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
2608 sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
2609 Age of Vessel Uniform Statewide Fee
2610 12 or more years $100
2611 9 or more years but less than 12 years $180
2612 6 or more years but less than 9 years $240
2613 3 or more years but less than 6 years $310
2614 Less than 3 years $400
2615 (m) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
2616 sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:
2617 Age of Vessel Uniform Statewide Fee
2618 12 or more years $120
2619 9 or more years but less than 12 years $250
2620 6 or more years but less than 9 years $350
2621 3 or more years but less than 6 years $500
2622 Less than 3 years $700
2623 (4) Notwithstanding Section 59-2-407 , tangible personal property subject to the
2624 uniform statewide fees imposed by this section that is brought into the state shall, as a condition
2625 of registration, be subject to the uniform statewide fees unless all property taxes or uniform fees
2626 imposed by the state of origin have been paid for the current calendar year.
2627 (5) (a) The revenues collected in each county from the uniform statewide fees imposed
2628 by this section shall be distributed by the county to each taxing entity in which each item of
2629 tangible personal property subject to the uniform statewide fees is located in the same
2630 proportion in which revenues collected from the ad valorem property tax are distributed.
2631 (b) Each taxing entity described in Subsection (5)(a) that receives revenues from the
2632 uniform statewide fees imposed by this section shall distribute the revenues in the same
2633 proportion in which revenues collected from the ad valorem property tax are distributed.
2634 (6) (a) For purposes of the uniform statewide fee imposed by this section, the length of
2635 a vessel shall be determined as provided in this Subsection (6).
2636 (b) (i) Except as provided in Subsection (6)(b)(ii), the length of a vessel shall be
2637 measured as follows:
2638 (A) the length of a vessel shall be measured in a straight line; and
2639 (B) the length of a vessel is equal to the distance between the bow of the vessel and the
2640 stern of the vessel.
2641 (ii) Notwithstanding Subsection (6)(b)(i), the length of a vessel may not include the
2642 length of:
2643 (A) a swim deck;
2644 (B) a ladder;
2645 (C) an outboard motor; or
2646 (D) an appurtenance or attachment similar to Subsections (6)(b)(ii)(A) through (C) as
2647 determined by the commission by rule.
2648 (iii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2649 commission may by rule define what constitutes an appurtenance or attachment similar to
2650 Subsections (6)(b)(ii)(A) through (C).
2651 (c) The length of a vessel:
2652 (i) (A) for a new vessel, is the length:
2653 (I) listed on the manufacturer's statement of origin if the length of the vessel measured
2654 under Subsection (6)(b) is equal to the length of the vessel listed on the manufacturer's
2655 statement of origin; or
2656 (II) listed on a form submitted to the commission by a dealer in accordance with
2657 Subsection (6)(d) if the length of the vessel measured under Subsection (6)(b) is not equal to
2658 the length of the vessel listed on the manufacturer's statement of origin; or
2659 (B) for a vessel other than a new vessel, is the length:
2660 (I) corresponding to the model number if the length of the vessel measured under
2661 Subsection (6)(b) is equal to the length of the vessel determined by reference to the model
2662 number; or
2663 (II) listed on a form submitted to the commission by an owner of the vessel in
2664 accordance with Subsection (6)(d) if the length of the vessel measured under Subsection (6)(b)
2665 is not equal to the length of the vessel determined by reference to the model number; and
2666 (ii) (A) is determined at the time of the:
2667 (I) first registration as defined in Section 41-1a-102 that occurs on or after January 1,
2668 2006; or
2669 (II) first renewal of registration that occurs on or after January 1, 2006; and
2670 (B) may be determined after the time described in Subsection (6)(c)(ii)(A) only if the
2671 commission requests that a dealer or an owner submit a form to the commission in accordance
2672 with Subsection (6)(d).
2673 (d) (i) A form under Subsection (6)(c) shall:
2674 (A) be developed by the commission;
2675 (B) be provided by the commission to:
2676 (I) a dealer; or
2677 (II) an owner of a vessel;
2678 (C) provide for the reporting of the length of a vessel;
2679 (D) be submitted to the commission at the time the length of the vessel is determined in
2680 accordance with Subsection (6)(c)(ii);
2681 (E) be signed by:
2682 (I) if the form is submitted by a dealer, that dealer; or
2683 (II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
2684 (F) include a certification that the information set forth in the form is true.
2685 (ii) A certification made under Subsection (6)(d)(i)(F) is considered as if made under
2686 oath and subject to the same penalties as provided by law for perjury.
2687 (iii) (A) A dealer or an owner that submits a form to the commission under Subsection
2688 (6)(c) is considered to have given the dealer's or owner's consent to an audit or review by:
2689 (I) the commission;
2690 (II) the county assessor; or
2691 (III) the commission and the county assessor.
2692 (B) The consent described in Subsection (6)(d)(iii)(A) is a condition to the acceptance
2693 of any form.
2694 (7) (a) A county that collected a qualifying payment from a qualifying person during the
2695 refund period shall issue a refund to the qualifying person as described in Subsection (7)(b) if:
2696 (i) the difference described in Subsection (7)(b) is $1 or more; and
2697 (ii) the qualifying person submitted a form in accordance with Subsections (7)(c) and
2698 (d).
2699 (b) The refund amount shall be calculated as follows:
2700 (i) for a qualifying vehicle, the refund amount is equal to the difference between:
2701 (A) the qualifying payment the qualifying person paid on the qualifying vehicle during
2702 the refund period; and
2703 (B) the amount of the statewide uniform fee:
2704 (I) for that qualifying vehicle; and
2705 (II) that the qualifying person would have been required to pay:
2706 (Aa) during the refund period; and
2707 (Bb) in accordance with this section had [
2708 Fifth Special Session, Chapter 3, Section 1, been in effect during the refund period; and
2709 (ii) for a qualifying watercraft, the refund amount is equal to the difference between:
2710 (A) the qualifying payment the qualifying person paid on the qualifying watercraft
2711 during the refund period; and
2712 (B) the amount of the statewide uniform fee:
2713 (I) for that qualifying watercraft;
2714 (II) that the qualifying person would have been required to pay:
2715 (Aa) during the refund period; and
2716 (Bb) in accordance with this section had [
2717 Fifth Special Session, Chapter 3, Section 1, been in effect during the refund period.
2718 (c) Before the county issues a refund to the qualifying person in accordance with
2719 Subsection (7)(a) the qualifying person shall submit a form to the county to verify the qualifying
2720 person is entitled to the refund.
2721 (d) (i) A form under Subsection (7)(c) or (8) shall:
2722 (A) be developed by the commission;
2723 (B) be provided by the commission to the counties;
2724 (C) be provided by the county to the qualifying person or tangible personal property
2725 owner;
2726 (D) provide for the reporting of the following:
2727 (I) for a qualifying vehicle:
2728 (Aa) the type of qualifying vehicle; and
2729 (Bb) the amount of cubic centimeters displacement;
2730 (II) for a qualifying watercraft:
2731 (Aa) the length of the qualifying watercraft;
2732 (Bb) the age of the qualifying watercraft; and
2733 (Cc) the type of qualifying watercraft;
2734 (E) be signed by the qualifying person or tangible personal property owner; and
2735 (F) include a certification that the information set forth in the form is true.
2736 (ii) A certification made under Subsection (7)(d)(i)(F) is considered as if made under
2737 oath and subject to the same penalties as provided by law for perjury.
2738 (iii) (A) A qualifying person or tangible personal property owner that submits a form to
2739 a county under Subsection (7)(c) or (8) is considered to have given the qualifying person's
2740 consent to an audit or review by:
2741 (I) the commission;
2742 (II) the county assessor; or
2743 (III) the commission and the county assessor.
2744 (B) The consent described in Subsection (7)(d)(iii)(A) is a condition to the acceptance
2745 of any form.
2746 (e) The county shall make changes to the commission's records with the information
2747 received by the county from the form submitted in accordance with Subsection (7)(c).
2748 (8) A county shall change its records regarding an item of qualifying tangible personal
2749 property if the tangible personal property owner submits a form to the county in accordance
2750 with Subsection (7)(d).
2751 (9) (a) For purposes of this Subsection (9) "owner of tangible personal property" means
2752 a person that was required to pay a uniform statewide fee:
2753 (i) during the refund period;
2754 (ii) in accordance with this section; and
2755 (iii) on an item of tangible personal property subject to the uniform statewide fees
2756 imposed by this section.
2757 (b) A county that collected revenues from uniform statewide fees imposed by this
2758 section during the refund period shall notify an owner of tangible personal property:
2759 (i) of the tangible personal property classification changes made to this section pursuant
2760 to [
2761 (ii) that the owner of tangible personal property may obtain and file a form to modify
2762 the county's records regarding the owner's tangible personal property; and
2763 (iii) that the owner may be entitled to a refund pursuant to Subsection (7).
2764 Section 49. Section 59-7-116 is amended to read:
2765 59-7-116. Taxation of regulated investment companies.
2766 (1) A regulated investment company or a fund of such a company, as defined in
2767 Sections 851(a) or 851[
2768 Utah, shall determine Utah taxable income as follows:
2769 (a) calculate investment company taxable income, as determined in Section 852(b)(2),
2770 Internal Revenue Code;
2771 (b) add any municipal interest and the exclusion of net capital gain provided in Section
2772 852(b)(2)(A), Internal Revenue Code; and
2773 (c) subtract the deduction for the capital gain dividends and exempt interest dividends
2774 as defined in Sections 852(b)(3)[
2775 (2) A regulated investment company which is organized under the laws of Utah or a
2776 fund of such a company, shall be taxed at the same rate and in the same manner as a corporation
2777 as provided in this chapter.
2778 Section 50. Section 61-1-30 is amended to read:
2779 61-1-30. Prior law repealed -- Savings clause.
2780 (1) The Securities Act, Title 61, Chapter 1, [
2781 by [
2782 section.
2783 (2) Prior law exclusively governs all suits, actions, prosecutions, or proceedings which
2784 are pending or may be initiated on the basis of facts or circumstances occurring before the
2785 effective date of this chapter, except that no civil suit or action may be maintained to enforce
2786 any liability under prior law unless brought within any period of limitation which applied when
2787 the cause of action accrued and in any event within two years after the effective date of this
2788 chapter.
2789 (3) All effective registrations under prior law, all administrative orders relating to such
2790 registrations, and all conditions imposed upon such registrations remain in effect so long as they
2791 would have remained in effect if this chapter had not been passed. They are considered to have
2792 been filed, entered, or imposed under this chapter, but are governed by prior law.
2793 (4) Prior law applies in respect of any offer or sale made within one year after the
2794 effective date of this chapter pursuant to an offering begun in good faith before its effective date
2795 on the basis of an exemption available under prior law.
2796 (5) Judicial review of all administrative orders as to which review proceedings have not
2797 been instituted by the effective date of this chapter are governed by Section 61-1-23 , except that
2798 no review proceeding may be instituted unless the petition is filed within any period of limitation
2799 which applied to a review proceeding when the order was entered and in any event within 60
2800 days after the effective date of this chapter.
2801 Section 51. Section 62A-4a-207 is amended to read:
2802 62A-4a-207. Legislative Oversight Panel -- Responsibilities.
2803 (1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
2804 following members:
2805 (i) two members of the Senate, one from the majority party and one from the minority
2806 party, appointed by the president of the Senate; and
2807 (ii) three members of the House of Representatives, two from the majority party and
2808 one from the minority party, appointed by the speaker of the House of Representatives.
2809 (b) Members of the panel shall serve for two-year terms, or until their successors are
2810 appointed.
2811 (c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
2812 when a member resigns from the panel. Vacancies shall be filled by the appointing authority,
2813 and the replacement shall fill the unexpired term.
2814 (2) The president of the Senate shall designate one of the senators appointed to the
2815 panel under Subsection (1) as the Senate chair of the panel. The speaker of the House of
2816 Representatives shall designate one of the representatives appointed to the panel under
2817 Subsection (1) as the House chair of the panel.
2818 (3) The panel shall follow the interim committee rules established by the Legislature.
2819 (4) The panel shall:
2820 (a) examine and observe the process and execution of laws governing the child welfare
2821 system by the executive branch and the judicial branch;
2822 (b) upon request, receive testimony from the public, the juvenile court, and from all
2823 state agencies involved with the child welfare system including, but not limited to, the division,
2824 other offices and agencies within the department, the attorney general's office, the Office of the
2825 Guardian Ad Litem Director, and school districts;
2826 (c) before October 1, 2002, and before October 1 of each year thereafter receive
2827 reports from the division, the attorney general, and the judicial branch identifying the cases not
2828 in compliance with the time limits established in Section 78-3a-308 , regarding pretrial and
2829 adjudication hearings, Section 78-3a-311 , regarding dispositional hearings and reunification
2830 services, and Section 78-3a-312 , regarding permanency hearings and petitions for termination,
2831 and the reasons for the noncompliance;
2832 (d) receive recommendations from, and make recommendations to the governor, the
2833 Legislature, the attorney general, the division, the Office of the Guardian Ad Litem Director, the
2834 juvenile court, and the public;
2835 (e) (i) receive reports from the executive branch and the judicial branch on budgetary
2836 issues impacting the child welfare system; and
2837 (ii) recommend, as it considers advisable, budgetary proposals to the Health and Human
2838 Services [
2839 Appropriations Subcommittee, and the Executive Appropriations Committee, which
2840 recommendation should be made before December 1 of each year;
2841 (f) study and recommend proposed changes to laws governing the child welfare system;
2842 (g) study actions the state can take to preserve, unify, and strengthen the child's family
2843 ties whenever possible in the child's best interest, including recognizing the constitutional rights
2844 and claims of parents whenever those family ties are severed or infringed;
2845 (h) perform such other duties related to the oversight of the child welfare system as the
2846 panel considers appropriate; and
2847 (i) annually report its findings and recommendations to the president of the Senate, the
2848 speaker of the House of Representatives, the Health and Human Services Interim Committee,
2849 and the Judiciary Interim Committee.
2850 (5) (a) The panel has authority to review and discuss individual cases.
2851 (b) When an individual case is discussed, the panel's meeting may be closed pursuant to
2852 Title 52, Chapter 4, Open and Public Meetings Act.
2853 (c) When discussing an individual case, the panel shall make reasonable efforts to
2854 identify and consider the concerns of all parties to the case.
2855 (6) (a) The panel has authority to make recommendations to the Legislature, the
2856 governor, the Board of Juvenile Court Judges, the division, and any other statutorily created
2857 entity related to the policies and procedures of the child welfare system. The panel does not
2858 have authority to make recommendations to the court, the division, or any other public or
2859 private entity regarding the disposition of any individual case.
2860 (b) The panel may hold public hearings, as it considers advisable, in various locations
2861 within the state in order to afford all interested persons an opportunity to appear and present
2862 their views regarding the child welfare system in this state.
2863 (7) (a) All records of the panel regarding individual cases shall be classified private, and
2864 may be disclosed only in accordance with federal law and the provisions of Title 63, Chapter 2,
2865 Government Records Access and Management Act.
2866 (b) The panel shall have access to all of the division's records, including those regarding
2867 individual cases. In accordance with Title 63, Chapter 2, Government Records Access and
2868 Management Act, all documents and information received by the panel shall maintain the same
2869 classification that was designated by the division.
2870 (8) In order to accomplish its oversight functions, the panel has:
2871 (a) all powers granted to legislative interim committees in Section 36-12-11 ; and
2872 (b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena
2873 Powers.
2874 (9) Members of the panel shall receive salary and expenses in accordance with Section
2875 36-2-2 .
2876 (10) (a) The Office of Legislative Research and General Counsel shall provide staff
2877 support to the panel.
2878 (b) The panel is authorized to employ additional professional assistance and other staff
2879 members as it considers necessary and appropriate.
2880 Section 52. Section 63-34-6 is amended to read:
2881 63-34-6. Division directors -- Appointment -- Removal -- Jurisdiction of executive
2882 director -- Natural resources planning.
2883 (1) (a) The chief administrative officer of each division within the Department of
2884 Natural Resources shall be a director appointed by the executive director of the Department of
2885 Natural Resources with the concurrence of the board having policy authority for the division.
2886 (b) The director of each division may be removed from office by the executive director
2887 of the Department of Natural Resources.
2888 (c) The appointment and term of office of the state engineer, notwithstanding anything
2889 to the contrary contained in this section, shall be in accordance with Section 73-2-1 .
2890 (2) (a) The executive director of the Department of Natural Resources shall have
2891 administrative jurisdiction over each of the division directors for the purpose of implementing
2892 department policy as established by the division boards.
2893 (b) The executive director of the Department of Natural Resources may consolidate
2894 personnel and service functions in the respective divisions under his administrative jurisdiction
2895 to effectuate efficiency and economy in the operations of the department, and may establish a
2896 departmental services division to perform service functions.
2897 (c) This jurisdiction includes the authority of the executive director to employ law
2898 enforcement officers and special function officers within the Department of Natural Resources.
2899 These law enforcement officers shall have all of the powers of conservation officers provided in
2900 Title 23, [
2901 the exception of the power to serve civil process.
2902 (3) (a) The executive director of the Department of Natural Resources, in cooperation
2903 with the governmental entities having policymaking authority regarding natural resources, may
2904 engage in studies and comprehensive planning for the development and conservation of the
2905 state's natural resources.
2906 (b) The executive director shall submit any plans to the governor for review and
2907 approval.
2908 Section 53. Section 63-38c-103 is amended to read:
2909 63-38c-103. Definitions.
2910 As used in this chapter:
2911 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
2912 from unrestricted General Fund sources and from non-Uniform School Fund income tax
2913 revenues as presented in the governor's executive budgets.
2914 (b) Appropriations includes appropriations that are contingent upon available surpluses
2915 in the General Fund.
2916 (c) "Appropriations" does not mean:
2917 (i) debt service expenditures;
2918 (ii) emergency expenditures;
2919 (iii) expenditures from all other fund or subfund sources presented in the executive
2920 budgets;
2921 (iv) transfers or appropriations from the Education Fund to the Uniform School Fund;
2922 (v) transfers into, or appropriations made to, the General Fund Budget Reserve
2923 Account established in Section 63-38-2.5 ;
2924 (vi) transfers into, or appropriations made to, the Education Budget Reserve Account
2925 established in Section 63-38-2.6 ;
2926 (vii) transfers in accordance with Section 63-38-2.7 into, or appropriations made to the
2927 State Disaster Recovery Restricted Account created in Section 53-2-403 ;
2928 (viii) monies appropriated to fund the total one-time project costs for the construction
2929 of capital developments as defined in Section 63A-5-104 ;
2930 (ix) transfers or deposits into or appropriations made to the Centennial Highway Fund
2931 Restricted Account created by Section 72-2-118 ;
2932 (x) transfers or deposits into or appropriations made to the Transportation Investment
2933 Fund of 2005 created by Section 72-2-124 ; or
2934 (xi) transfers or deposits into or appropriations made to:
2935 (A) the Department of Transportation from any source; or
2936 (B) any transportation-related account or fund from any source.
2937 (2) "Base year real per capita appropriations" means the result obtained for the state by
2938 dividing the fiscal year 1985 actual appropriations of the state less debt monies by:
2939 (a) the state's July 1, 1983 population; and
2940 (b) the fiscal year 1983 inflation index divided by 100.
2941 (3) "Calendar year" means the time period beginning on January 1 of any given year and
2942 ending on December 31 of the same year.
2943 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
2944 expenditures and includes the settlement under [
2945 Session, Chapter 4.
2946 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
2947 ending on June 30 of the subsequent year.
2948 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
2949 capital and operations appropriations from General Fund and non-Uniform School Fund income
2950 tax revenue sources, less debt monies.
2951 (7) "Inflation index" means the change in the general price level of goods and services
2952 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
2953 Analysis, U.S. Department of Commerce calculated as provided in Section 63-38c-202 .
2954 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
2955 be, or could have been, spent in any given year under the limitations of this chapter.
2956 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
2957 spent or actual expenditures.
2958 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
2959 fiscal years previous to the fiscal year for which the maximum allowable inflation and population
2960 appropriations limit is being computed under this chapter.
2961 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
2962 years previous to the fiscal year for which the maximum allowable inflation and population
2963 appropriations limit is being computed under this chapter.
2964 (11) "Population" means the number of residents of the state as of July 1 of each year as
2965 calculated by the Governor's Office of Planning and Budget according to the procedures and
2966 requirements of Section 63-38c-202 .
2967 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
2968 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
2969 of the General Fund and from non-Uniform School Fund income tax revenues, except as
2970 specifically exempted by this chapter.
2971 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
2972 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
2973 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
2974 Section 54. Section 63-55-253 is amended to read:
2975 63-55-253. Repeal dates, Titles 53, 53A, and 53B.
2976 The following provisions [
2977 [
2978 [
2979 repealed July 1, 2010.
2980 [
2981 is repealed July 1, 2011.
2982 [
2983 is repealed July 1, 2011.
2984 [
2985
2986 Section 55. Section 63-55b-153 is amended to read:
2987 63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
2988 [
2989 [
2990 [
2991 [
2992 [
2993 [
2994 Section 56. Section 63-55b-163 is amended to read:
2995 63-55b-163. Repeal dates, Title 63 to Title 63B.
2996 [
2997 [
2998 [
2999 Section 57. Section 63-63a-8 is amended to read:
3000 63-63a-8. Children's Legal Defense Account.
3001 (1) There is created a restricted account within the General Fund known as the
3002 Children's Legal Defense Account.
3003 (2) The purpose of the Children's Legal Defense Account is to provide for programs
3004 that protect and defend the rights, safety, and quality of life of children.
3005 (3) (a) The Legislature shall appropriate money from the account for the administrative
3006 and related costs of the following programs:
3007 [
3008 Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4 ,
3009 30-3-7 , 30-3-10.3 , 30-3-11.3 , 30-3-15.3 , and 30-3-18 , and the Mediation Pilot Program - Child
3010 Custody or Parent-time as provided in Sections 30-3-15.3 and 30-3-18 ; and
3011 [
3012 78-3a-318 , 78-3a-912 , 78-11-6 , and 78-7-9 ; the training of guardian ad litems and volunteers as
3013 provided in Section 78-3a-912 ; and termination of parental rights as provided in Sections
3014 78-3a-118 , 78-3a-119 , 78-3a-903 , and Title 78, Chapter 3a, Part 4, Termination of Parental
3015 Rights Act.
3016 (b) This account may not be used to supplant funding for the guardian ad litem program
3017 in the juvenile court as provided in Section 78-3a-912 [
3018 [
3019
3020 (4) The following withheld fees shall be allocated only to the Children's Legal Defense
3021 Account and used only for the purposes provided in Subsections (3)(a) [
3022 (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
3023 as provided in Section 17-16-21 ; and
3024 (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any
3025 complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
3026 (5) The Division of Finance shall allocate the monies described in Subsection (4) from
3027 the General Fund to the Children's Legal Defense Account.
3028 (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of
3029 any fiscal year shall lapse into the General Fund.
3030 Section 58. Section 63-97-201 is amended to read:
3031 63-97-201. Creation of Tobacco Settlement Restricted Account.
3032 (1) There is created within the General Fund a restricted account known as the
3033 "Tobacco Settlement Restricted Account."
3034 (2) The account shall earn interest.
3035 (3) The account shall consist of:
3036 (a) until July 1, 2003, 50% of all funds of every kind that are received by the state that
3037 are related to the settlement agreement that the state entered into with leading tobacco
3038 manufacturers on November 23, 1998;
3039 (b) on and after July 1, 2003 and until July 1, 2004, 80% of all funds of every kind that
3040 are received by the state that are related to the settlement agreement that the state entered into
3041 with leading tobacco manufacturers on November 23, 1998;
3042 (c) on and after July 1, 2004 and until July 1, 2005, 70% of all funds of every kind that
3043 are received by the state that are related to the settlement agreement that the state entered into
3044 with leading tobacco manufacturers on November 23, 1998;
3045 (d) on and after July 1, 2005 and until July 1, 2007, 75% of all funds of every kind that
3046 are received by the state that are related to the settlement agreement that the state entered into
3047 with leading tobacco manufacturers on November 23, 1998;
3048 (e) on and after July 1, 2007, 60% of all funds of every kind that are received by the
3049 state that are related to the settlement agreement that the state entered into with leading tobacco
3050 manufacturers on November 23, 1998; and
3051 (f) interest earned on the account.
3052 (4) To the extent that funds will be available for appropriation in a given fiscal year,
3053 those funds shall be appropriated from the account in the following order:
3054 (a) $10,300,000 to the Department of Health for the Children's Health Insurance
3055 Program created in Section 26-40-103 and for restoration of dental benefits in the Children's
3056 Health Insurance Program;
3057 (b) $4,000,000 to the Department of Health for alcohol, tobacco, and other drug
3058 prevention, reduction, cessation, and control programs that promote unified messages and make
3059 use of media outlets, including radio, newspaper, billboards, and television, and with a
3060 preference in funding given to tobacco-related programs;
3061 (c) $193,700 to the Administrative Office of the Courts and $1,296,300 to the
3062 Department of Human Services for the statewide expansion of the drug court program;
3063 (d) $77,400 to the Board of Pardons, $81,700 to the Department of Corrections, and
3064 $350,900 to the Department of Human Services for a drug board pilot program;
3065 (e) $4,000,000 to the State Board of Regents for the University of Utah Health
3066 Sciences Center to benefit the health and well-being of Utah citizens through in-state research,
3067 treatment, and educational activities; and
3068 (f) any remaining funds as directed by the Legislature through appropriation.
3069 (5) (a) If tobacco funds in dispute for [
3070 those funds shall be divided and deposited in accordance with Subsection (3) and Section
3071 63-97-301 .
3072 (b) The amount appropriated from the Tobacco Settlement Restricted Account to the
3073 Department of Health for alcohol, tobacco, and other drug programs described in Subsection
3074 (4)(b), including the funding preference for tobacco-related programs, shall be increased by up
3075 to $2,000,000 in a given fiscal year to the extent that funds in dispute for [
3076 fees are available to the state for appropriation from the account.
3077 (6) Each state agency identified in Subsection (4) shall provide an annual report on the
3078 program and activities funded under Subsection (4) to:
3079 (a) the Health and Human Services Interim Committee no later than September 1; and
3080 (b) the Health and Human Services [
3081 Section 59. Section 63A-5-222 is amended to read:
3082 63A-5-222. Critical land near state prison -- Definitions -- Preservation as open
3083 land -- Management and use of land -- Restrictions on transfer -- Wetlands development
3084 -- Conservation easement.
3085 (1) For purposes of this section:
3086 (a) "Corrections" means the Department of Corrections created under Section 64-13-2 .
3087 (b) "Critical land" means a parcel of approximately 250 acres of land owned by the
3088 division and located on the east edge of the Jordan River between about 12300 South and
3089 14600 South in Salt Lake County, approximately the southern half of whose eastern boundary
3090 abuts the Denver and Rio Grande Western Railroad right of way.
3091 (c) (i) "Open land" means land that is:
3092 (A) preserved in or restored to a predominantly natural, open, and undeveloped
3093 condition; and
3094 (B) used for:
3095 (I) wildlife habitat;
3096 (II) cultural or recreational use;
3097 (III) watershed protection; or
3098 (IV) another use consistent with the preservation of the land in or restoration of the
3099 land to a predominantly natural, open, and undeveloped condition.
3100 (ii) (A) "Open land" does not include land whose predominant use is as a developed
3101 facility for active recreational activities, including baseball, tennis, soccer, golf, or other sporting
3102 or similar activity.
3103 (B) The condition of land does not change from a natural, open, and undeveloped
3104 condition because of the development or presence on the land of facilities, including trails,
3105 waterways, and grassy areas, that:
3106 (I) enhance the natural, scenic, or aesthetic qualities of the land; or
3107 (II) facilitate the public's access to or use of the land for the enjoyment of its natural,
3108 scenic, or aesthetic qualities and for compatible recreational activities.
3109 (2) (a) (i) The critical land shall be preserved in perpetuity as open land.
3110 (ii) The long-term ownership and management of the critical land should eventually be
3111 turned over to the Department of Natural Resources created under Section 63-34-3 or another
3112 agency or entity that is able to accomplish the purposes and intent of this section.
3113 (b) Notwithstanding Subsection (2)(a)(i) and as funding is available, certain actions
3114 should be taken on or with respect to the critical land, including:
3115 (i) the development and implementation of a program to eliminate noxious vegetation
3116 and restore and facilitate the return of natural vegetation on the critical land;
3117 (ii) the development of a system of trails through the critical land that is compatible
3118 with the preservation of the critical land as open land;
3119 (iii) the development and implementation of a program to restore the natural features of
3120 and improve the flows of the Jordan River as it crosses the critical land;
3121 (iv) the preservation of the archeological site discovered on the critical land and the
3122 development of an interpretive site in connection with the archeological discovery;
3123 (v) in restoring features on the critical land, the adoption of methods and plans that will
3124 enhance the critical land's function as a wildlife habitat;
3125 (vi) taking measures to reduce safety risks on the critical land; and
3126 (vii) the elimination or rehabilitation of a prison dump site on the critical land.
3127 (3) (a) Except as provided in Subsection (3)(b), no interest in the critical land may be
3128 sold, assigned, leased, or otherwise transferred unless measures are taken to ensure that the
3129 critical land that is transferred will be preserved as open land in perpetuity.
3130 (b) Notwithstanding Subsection (3)(a), exchanges of property may be undertaken to
3131 resolve boundary disputes with adjacent property owners and easements may be granted for
3132 trails and other purposes consistent with Subsection (2)(b) and with the preservation of the
3133 critical land as open land.
3134 (4) The division shall use the funds remaining from the appropriation under [
3135
3136 (a) determining the boundaries and legal description of the critical land;
3137 (b) determining the boundaries and legal description of the adjacent property owned by
3138 the division;
3139 (c) fencing the critical land and adjacent land owned by the division where appropriate
3140 and needed; and
3141 (d) assisting to carry out the intent of this section.
3142 (5) (a) Notwithstanding Subsection (2)(a)(i), the division or its successor in title to the
3143 critical land may develop or allow a public agency or private entity to develop more wetlands on
3144 the critical land than exist naturally or existed previously.
3145 (b) (i) Subject to Subsections (3)(a) and (5)(b)(ii), the division or its successor in title
3146 may transfer jurisdiction of all or a portion of the critical land to a public agency or private
3147 entity to provide for the development and management of wetlands and designated wetland
3148 buffer areas.
3149 (ii) Before transferring jurisdiction of any part of the critical land under Subsection
3150 (5)(b)(i), the division or its successor in title shall assure that reasonable efforts are made to
3151 obtain approval from the appropriate federal agency to allow mitigation credits in connection
3152 with the critical land to be used for impacts occurring anywhere along the Wasatch Front.
3153 (6) Notwithstanding any other provision of this section, corrections shall have access to
3154 the cooling pond located on the critical land as long as that access to and use of the cooling
3155 pond are not inconsistent with the preservation of the critical land as open land.
3156 (7) The Department of Corrections, the division, and all other state departments,
3157 divisions, or agencies shall cooperate together to carry out the intent of this section.
3158 (8) In order to ensure that the land referred to in this section is preserved as open land,
3159 the division shall, as soon as practicable, place the land under a perpetual conservation easement
3160 in favor of an independent party such as a reputable land conservation organization or a state or
3161 local government agency with experience in conservation easements.
3162 Section 60. Section 63B-6-502 is amended to read:
3163 63B-6-502. Other capital facility authorizations and intent language.
3164 (1) It is the intent of the Legislature that the University of Utah use institutional funds
3165 to plan, design, and construct:
3166 (a) the Health Science Lab Building under the supervision of the director of the
3167 Division of Facilities Construction and Management unless supervisory authority is delegated by
3168 the director; and
3169 (b) the gymnastics facility under the supervision of the director of the Division of
3170 Facilities Construction and Management unless supervisory authority is delegated by the
3171 director.
3172 (2) It is the intent of the Legislature that Southern Utah University use institutional
3173 funds to plan, design, and construct a science center addition under the supervision of the
3174 director of the Division of Facilities Construction and Management unless supervisory authority
3175 is delegated by the director.
3176 (3) It is the intent of the Legislature that Utah Valley State College use institutional
3177 funds to plan, design, and construct a student center addition under the supervision of the
3178 director of the Division of Facilities Construction and Management unless supervisory authority
3179 is delegated by the director.
3180 (4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
3181 Management lease property at the Draper Prison to an entity for the purpose of constructing
3182 recycling and transfer facilities to employ inmates if the following conditions are satisfactorily
3183 met:
3184 (i) the entity assures continuous employment of state inmates;
3185 (ii) the lease with the entity provides an appropriate return to the state;
3186 (iii) the lease has an initial term of not to exceed 20 years;
3187 (iv) the lease protects the state from all liability;
3188 (v) the entity guarantees that no adverse environmental impact will occur;
3189 (vi) the state retains the right to:
3190 (A) monitor the types of wastes that are processed; and
3191 (B) prohibit the processing of types of wastes that are considered to be a risk to the
3192 state or surrounding property uses;
3193 (vii) the lease provides for adequate security arrangements;
3194 (viii) the entity assumes responsibility for any taxes or fees associated with the facility;
3195 and
3196 (ix) the entity assumes responsibility for bringing utilities to the site and any state
3197 expenditures for roads, etc. are considered in establishing the return to the state.
3198 (b) Except as provided in Subsections (4)(c) and (d), the facility may be constructed
3199 without direct supervision by the Division of Facilities Construction and Management.
3200 (c) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
3201 Management shall:
3202 (i) review the design, plans, and specifications of the project; and
3203 (ii) approve them if they are appropriate.
3204 (d) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
3205 Management may:
3206 (i) require that the project be submitted to the local building official for plan review and
3207 inspection; and
3208 (ii) inspect the project.
3209 (5) It is the intent of the Legislature that:
3210 (a) the $221,497.86 authorized for the Capitol Hill Day Care Center in Subsection (4)
3211 of [
3212 capital improvements; and
3213 (b) the Building Board should, in allocating the $221,497.86, if appropriate under the
3214 Board's normal allocation and prioritization process, give preference to projects for the Division
3215 of Parks and Recreation.
3216 Section 61. Section 73-10f-1 is amended to read:
3217 73-10f-1. Definitions.
3218 As used in this chapter:
3219 (1) "Division" means the Division of Water Resources[
3220 (2) "Task force" means the Joint Gubernatorial/Legislative Task Force on the Bear
3221 River created in [
3222 Section 62. Section 73-12a-1 is amended to read:
3223 73-12a-1. Ratification.
3224 That certain compact and treaty approved by a representative of the United States of
3225 America and negotiated and entered into by representatives of the states of Utah, Wyoming,
3226 Colorado, New Mexico, Arizona, Nevada and California, sitting as the Colorado River
3227 Commission, which compact and treaty apportions the waters of the Colorado river, and which
3228 commission was created in conformity with [
3229 Chapter 68, and similar acts of the legislatures of the several respective states named and of the
3230 Congress of the United States, is hereby approved, confirmed, and ratified for and by the state
3231 of Utah.
3232 Section 63. Section 76-7-317.2 is amended to read:
3233 76-7-317.2. Finding of unconstitutionality -- Revival of old law.
3234 If Section 76-7-302 as amended by Senate Bill 23, 1991 Annual General Session, is ever
3235 held to be unconstitutional by the United States Supreme Court, Section 76-7-302 , as enacted
3236 by [
3237 Section 64. Section 78-3-21 is amended to read:
3238 78-3-21. Judicial Council -- Creation -- Members -- Terms and election --
3239 Responsibilities -- Reports.
3240 (1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution,
3241 shall be composed of:
3242 (a) the chief justice of the Supreme Court;
3243 (b) one member elected by the justices of the Supreme Court;
3244 (c) one member elected by the judges of the Court of Appeals;
3245 (d) five members elected by the judges of the district courts;
3246 (e) two members elected by the judges of the juvenile courts;
3247 (f) three members elected by the justice court judges; and
3248 (g) a member or ex officio member of the Board of Commissioners of the Utah State
3249 Bar who is an active member of the Bar in good standing elected by the Board of
3250 Commissioners.
3251 (2) (a) The chief justice of the Supreme Court shall act as presiding officer of the
3252 council and chief administrative officer for the courts. The chief justice shall vote only in the
3253 case of a tie.
3254 (b) All members of the council shall serve for three-year terms. If a council member
3255 should die, resign, retire, or otherwise fail to complete a term of office, the appropriate
3256 constituent group shall elect a member to complete the term of office. In courts having more
3257 than one member, the members shall be elected to staggered terms. The person elected to the
3258 Judicial Council by the Board of Commissioners shall be a member or ex officio member of the
3259 Board of Commissioners and an active member of the Bar in good standing at the time the
3260 person is elected. The person may complete a three-year term of office on the Judicial Council
3261 even though the person ceases to be a member or ex officio member of the Board of
3262 Commissioners. The person shall be an active member of the Bar in good standing for the
3263 entire term of the Judicial Council.
3264 (c) Elections shall be held under rules made by the Judicial Council.
3265 (3) The council is responsible for the development of uniform administrative policy for
3266 the courts throughout the state. The presiding officer of the Judicial Council is responsible for
3267 the implementation of the policies developed by the council and for the general management of
3268 the courts, with the aid of the administrator. The council has authority and responsibility to:
3269 (a) establish and assure compliance with policies for the operation of the courts,
3270 including uniform rules and forms; and
3271 (b) publish and submit to the governor, the chief justice of the Supreme Court, and the
3272 Legislature an annual report of the operations of the courts, which shall include financial and
3273 statistical data and may include suggestions and recommendations for legislation.
3274 (4) (a) The Judicial Council shall make rules establishing:
3275 (i) standards for judicial competence; and
3276 (ii) a formal program for the evaluation of judicial performance containing the elements
3277 of and meeting the requirements of this Subsection (4).
3278 (b) The Judicial Council shall ensure that the formal judicial performance evaluation
3279 program has improvement in the performance of individual judges, court commissioners, and
3280 the judiciary as its goal.
3281 (c) The Judicial Council shall ensure that the formal judicial performance evaluation
3282 program includes at least all of the following elements:
3283 (i) a requirement that judges complete a certain number of hours of approved judicial
3284 education each year;
3285 (ii) a requirement that each judge certify that he is:
3286 (A) physically and mentally competent to serve; and
3287 (B) in compliance with the Codes of Judicial Conduct and Judicial Administration; and
3288 (iii) a requirement that the judge receive a satisfactory score on questions identified by
3289 the Judicial Council as relating to judicial certification on a survey of members of the Bar
3290 developed by the Judicial Council in conjunction with the American Bar Association.
3291 (d) The Judicial Council shall ensure that the formal judicial performance evaluation
3292 program considers at least the following criteria:
3293 (i) integrity;
3294 (ii) knowledge;
3295 (iii) understanding of the law;
3296 (iv) ability to communicate;
3297 (v) punctuality;
3298 (vi) preparation;
3299 (vii) attentiveness;
3300 (viii) dignity;
3301 (ix) control over proceedings; and
3302 (x) skills as a manager.
3303 (e) (i) The Judicial Council shall provide the judicial performance evaluation
3304 information and the disciplinary data required by Subsection 20A-7-702 (2) to the Lieutenant
3305 Governor for publication in the voter information pamphlet.
3306 (ii) Not later than August 1 of the year before the expiration of the term of office of a
3307 justice court judge, the Judicial Council shall provide the judicial performance evaluation
3308 information required by Subsection 20A-7-702 (2) to the appointing authority of a justice court
3309 judge.
3310 (5) The council shall establish standards for the operation of the courts of the state
3311 including, but not limited to, facilities, court security, support services, and staff levels for
3312 judicial and support personnel.
3313 (6) The council shall by rule establish the time and manner for destroying court records,
3314 including computer records, and shall establish retention periods for these records.
3315 (7) (a) Consistent with the requirements of judicial office and security policies, the
3316 council shall establish procedures to govern the assignment of state vehicles to public officers of
3317 the judicial branch.
3318 (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and
3319 may be assigned for unlimited use, within the state only.
3320 (8) (a) The council shall advise judicial officers and employees concerning ethical issues
3321 and shall establish procedures for issuing informal and formal advisory opinions on these issues.
3322 (b) Compliance with an informal opinion is evidence of good faith compliance with the
3323 Code of Judicial Conduct.
3324 (c) A formal opinion constitutes a binding interpretation of the Code of Judicial
3325 Conduct.
3326 (9) (a) The council shall establish written procedures authorizing the presiding officer of
3327 the council to appoint judges of courts of record by special or general assignment to serve
3328 temporarily in another level of court in a specific court or generally within that level. The
3329 appointment shall be for a specific period and shall be reported to the council.
3330 (b) These procedures shall be developed in accordance with Subsection 78-3-24 (10)
3331 regarding temporary appointment of judges.
3332 (10) The Judicial Council may by rule designate municipalities in addition to those
3333 designated by statute as a location of a trial court of record. There shall be at least one court
3334 clerk's office open during regular court hours in each county. Any trial court of record may
3335 hold court in any municipality designated as a location of a court of record. Designations by the
3336 Judicial Council may not be made between July 1, 1997, and July 1, 1998.
3337 (11) The Judicial Council shall by rule determine whether the administration of a court
3338 shall be the obligation of the administrative office of the courts or whether the administrative
3339 office of the courts should contract with local government for court support services.
3340 (12) The Judicial Council may by rule direct that a district court location be
3341 administered from another court location within the county.
3342 (13) The Judicial Council shall establish and supervise the Office of Guardian Ad Litem
3343 Director, in accordance with the provisions of Sections 78-3a-911 and 78-3a-912 , and assure
3344 compliance of the guardian ad litem program with state and federal law, regulation, and policy,
3345 and court rules.
3346 (14) The Judicial Council shall establish and maintain, in cooperation with the Office of
3347 Recovery Services within the Department of Human Services, the part of the state case registry
3348 that contains records of each support order established or modified in the state on or after
3349 October 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec. 654a.
3350 (15) (a) On or before November 1, 2003, the Judicial Council, by rule, shall select one
3351 or more districts as pilot districts for purposes of Sections 78-3a-115 , 78-3a-115.1 , and
3352 78-3a-116 .
3353 (b) Prior to the 2005 Annual General Session, the Judicial Council shall report to the
3354 Child Welfare Legislative Oversight Panel and the Judiciary Interim Committee on the effects of
3355 [
3356 [
3357 Section 65. Section 78-23-4 is amended to read:
3358 78-23-4. Declaration of homestead -- Filing -- Contents -- Failure to file --
3359 Conveyance by married person -- No execution sale if bid less than exemption --
3360 Redemption rights of judgment creditor.
3361 An individual may select and claim a homestead by complying with the following
3362 requirements:
3363 (1) Filing a signed and acknowledged declaration of homestead with the recorder of the
3364 county or counties in which the homestead claimant's property is located or serving a signed and
3365 acknowledged declaration of homestead upon the sheriff or other officer conducting an
3366 execution prior to the time stated in the notice of such execution.
3367 (2) The declaration of homestead shall contain:
3368 (a) a statement that the claimant is entitled to an exemption and if the claimant is
3369 married a statement that the claimant's spouse has not filed a declaration of homestead;
3370 (b) a description of the property subject to the homestead;
3371 (c) an estimate of the cash value of such property; and
3372 (d) a statement specifying the amount of the homestead claimed and stating the name,
3373 age, and address of any spouse and dependents claimed to determine the value of the
3374 homestead.
3375 (3) If a declaration of homestead is not filed or served as provided in this section, title
3376 shall pass to the purchaser upon execution free and clear of all homestead rights.
3377 (4) If an individual is married, no conveyance of or security interest in, or contract to
3378 convey or create a security interest in property recorded as a homestead prior to the time of
3379 such conveyance, security interest, or contract shall be valid, unless both the husband and wife
3380 join in the execution of the conveyance, security interest, or contract.
3381 (5) Property that includes a homestead shall not be sold at execution if there is no bid
3382 which exceeds the amount of the declared homestead exemption.
3383 (6) If property that includes a homestead is sold under execution the sale shall be
3384 subject to redemption by the judgment debtor as provided in Rule 69[
3385 Civil Procedure. If there is a deficiency the property shall not be subject to another execution to
3386 cover the deficiency.
3387 Section 66. Section 78-30-8 is amended to read:
3388 78-30-8. Final decree of adoption -- Agreement by adoptive parent or parents.
3389 (1) Except as provided in Subsection (2), the adoptive parent or parents and the child
3390 being adopted shall appear before the appropriate court, and an agreement shall be executed by
3391 the adoptive parent or parents stating that the child shall be adopted and treated in all respects
3392 as [
3393 (2) Except as provided in Subsection 78-30-1 (2)(d), a court may waive the requirement
3394 that the adoptive parent or parents and the child being adopted appear before the court if:
3395 (a) the adoption is not contested; and
3396 (b) all requirements of this chapter to obtain a final decree of adoption are otherwise
3397 complied with.
3398 Section 67. Section 78-43-8 is amended to read:
3399 78-43-8. Repealing clause.
3400 Title 20 and Title 104, Utah Code Annotated 1943, as amended and [
3401
3402 1947[
3403 repealed.
3404 Section 68. Repealer.
3405 This bill repeals:
3406 Section 30-3-38, Pilot Program for Expedited Parent-time Enforcement.
3407 Section 53-2-102.5, Loan program for disasters prior to Disaster Recovery Funding
3408 Act.
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