H.B. 21 Enrolled

1

STATUTORILY REQUIRED REPORTS AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Don L. Ipson
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill modifies the reporting requirements of agencies to the Judiciary and the Law
10 Enforcement and Criminal Justice Interim Committees.
11 Highlighted Provisions:
12 This bill:
13 . changes some reports required of the Administrative Office of the Courts, the
14 Judicial Council, and the Commission on Criminal and Juvenile Justice to be
15 provided at the option of the Judiciary Interim Committee;
16 . requires that certain annual reports be provided in writing;
17 . amends reporting dates; and
18 . eliminates the requirement for the Emergency Medical Services Committee to
19 report annually to the Law Enforcement and Criminal Justice Committee.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 26-8a-103, as last amended by Laws of Utah 2010, Chapter 286
27 30-3-11.3, as last amended by Laws of Utah 2009, Chapter 146
28 30-3-11.4, as last amended by Laws of Utah 2008, Chapter 382
29 41-6a-511, as renumbered and amended by Laws of Utah 2005, Chapter 2

30 53-5-707, as last amended by Laws of Utah 2010, Chapter 62
31 63M-7-305, as last amended by Laws of Utah 2010, Chapter 39
32 64-13-6, as last amended by Laws of Utah 2004, Chapter 90
33 64-13e-106, as last amended by Laws of Utah 2008, Chapter 188
34 78A-8-109, as enacted by Laws of Utah 2008, Chapter 3
35 78B-6-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-8a-103 is amended to read:
39 26-8a-103. State Emergency Medical Services Committee -- Membership --
40 Expenses.
41 (1) The State Emergency Medical Services Committee created by Section 26-1-7 shall
42 be composed of the following 16 members appointed by the governor, at least five of whom
43 must reside in a county of the third, fourth, fifth, or sixth class:
44 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
45 Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
46 (i) one surgeon who actively provides trauma care at a hospital;
47 (ii) one rural physician involved in emergency medical care;
48 (iii) two physicians who practice in the emergency department of a general acute
49 hospital; and
50 (iv) one pediatrician who practices in the emergency department or critical care unit of
51 a general acute hospital or a children's specialty hospital;
52 (b) one representative from a private ambulance provider;
53 (c) one representative from an ambulance provider that is neither privately owned nor
54 operated by a fire department;
55 (d) two chief officers from fire agencies operated by the following classes of licensed
56 or designated emergency medical services providers: municipality, county, and fire district,
57 provided that no class of medical services providers may have more than one representative

58 under this Subsection (1)(d);
59 (e) one director of a law enforcement agency that provides emergency medical
60 services;
61 (f) one hospital administrator;
62 (g) one emergency care nurse;
63 (h) one paramedic in active field practice;
64 (i) one emergency medical technician in active field practice;
65 (j) one certified emergency medical dispatcher affiliated with an emergency medical
66 dispatch center; and
67 (k) one consumer.
68 (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
69 four-year term beginning July 1.
70 (b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
71 or reappointment, adjust the length of terms to ensure that the terms of committee members are
72 staggered so that approximately half of the committee is appointed every two years.
73 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
74 appointed by the governor for the unexpired term.
75 (3) (a) Each January, the committee shall organize and select one of its members as
76 chair and one member as vice chair. The committee may organize standing or ad hoc
77 subcommittees, which shall operate in accordance with guidelines established by the
78 committee.
79 (b) The chair shall convene a minimum of four meetings per year. The chair may call
80 special meetings. The chair shall call a meeting upon request of five or more members of the
81 committee.
82 (c) Nine members of the committee constitute a quorum for the transaction of business
83 and the action of a majority of the members present is the action of the committee.
84 [(4) The committee shall submit a report in a form acceptable to the committee each
85 November at the Law Enforcement and Criminal Justice Interim Committee meeting

86 concerning its:]
87 [(a) funding priorities and recommended sources;]
88 [(b) closest responder recommendations;]
89 [(c) centralized dispatch;]
90 [(d) duplication of services and any taxing consequences;]
91 [(e) appropriate providers for emergency medical services; and]
92 [(f) recommendations and suggested legislation.]
93 [(5)] (4) A member may not receive compensation or benefits for the member's service,
94 but may receive per diem and travel expenses in accordance with:
95 (a) Section 63A-3-106 ;
96 (b) Section 63A-3-107 ; and
97 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
98 63A-3-107 .
99 [(6)] (5) Administrative services for the committee shall be provided by the
100 department.
101 Section 2. Section 30-3-11.3 is amended to read:
102 30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
103 Curriculum -- Exceptions.
104 [(1) There is established a mandatory course for divorcing parents as a pilot program in
105 the third and fourth judicial districts to be administered by the Administrative Office of the
106 Courts from July 1, 1992, to June 30, 1994. On July 1, 1994, an approved course shall be
107 implemented in all judicial districts.]
108 (1) The Judicial Council shall approve and implement a mandatory course for
109 divorcing parents in all judicial districts. The mandatory course is designed to educate and
110 sensitize divorcing parties to their children's needs both during and after the divorce process.
111 (2) The Judicial Council shall adopt rules to implement and administer this program.
112 (3) As a prerequisite to receiving a divorce decree, both parties are required to attend a
113 mandatory course on their children's needs after filing a complaint for divorce and receiving a

114 docket number, unless waived under Section 30-3-4 . If that requirement is waived, the court
115 may permit the divorce action to proceed.
116 (4) The court may require unmarried parents to attend this educational course when
117 those parents are involved in a visitation or custody proceeding before the court.
118 (5) The mandatory course shall instruct both parties:
119 (a) about divorce and its impacts on:
120 (i) their child or children;
121 (ii) their family relationship; and
122 (iii) their financial responsibilities for their child or children; and
123 (b) that domestic violence has a harmful effect on children and family relationships.
124 (6) The Administrative Office of the Courts shall administer the course pursuant to
125 Title 63G, Chapter 6, Utah Procurement Code, through private or public contracts and organize
126 the program in each of Utah's judicial districts. The contracts shall provide for the recoupment
127 of administrative expenses through the costs charged to individual parties, pursuant to
128 Subsection (8).
129 (7) A certificate of completion constitutes evidence to the court of course completion
130 by the parties.
131 (8) (a) Each party shall pay the costs of the course to the independent contractor
132 providing the course at the time and place of the course. A fee of $8 shall be collected, as part
133 of the course fee paid by each participant, and deposited in the Children's Legal Defense
134 Account, described in Section 51-9-408 .
135 (b) Each party who is unable to pay the costs of the course may attend the course
136 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
137 impecuniosity filed in the district court. In those situations, the independent contractor shall be
138 reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
139 "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
140 may be entered, the court shall make a final review and determination of impecuniosity and
141 may order the payment of the costs if so determined.

142 (9) Appropriations from the General Fund to the Administrative Office of the Courts
143 for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
144 the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
145 (10) The Administrative Office of the Courts shall adopt a program to evaluate the
146 effectiveness of the mandatory educational course. Progress reports shall be provided
147 [annually to] if requested by the Judiciary Interim Committee.
148 Section 3. Section 30-3-11.4 is amended to read:
149 30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
150 Curriculum -- Exceptions.
151 (1) There is established a mandatory divorce orientation course for all parties with
152 minor children who file a petition for temporary separation or for a divorce. A couple with no
153 minor children are not required, but may choose to attend the course. The purpose of the
154 course shall be to educate parties about the divorce process and reasonable alternatives.
155 (2) A petitioner shall attend a divorce orientation course no more than 60 days after
156 filing a petition for divorce.
157 (3) The respondent shall attend the divorce orientation course no more than 30 days
158 after being served with a petition for divorce.
159 (4) The clerk of the court shall provide notice to a petitioner of the requirement for the
160 course, and information regarding the course shall be included with the petition or motion,
161 when served on the respondent.
162 (5) The divorce orientation course shall be neutral, unbiased, at least one hour in
163 duration, and include:
164 (a) options available as alternatives to divorce;
165 (b) resources available from courts and administrative agencies for resolving custody
166 and support issues without filing for divorce;
167 (c) resources available to improve or strengthen the marriage;
168 (d) a discussion of the positive and negative consequences of divorce;
169 (e) a discussion of the process of divorce;

170 (f) options available for proceeding with a divorce, including:
171 (i) mediation;
172 (ii) collaborative law; and
173 (iii) litigation; and
174 (g) a discussion of post-divorce resources.
175 (6) The course may be provided in conjunction with the mandatory course for
176 divorcing parents required by Section 30-3-11.3 .
177 (7) The Administrative Office of the Courts shall administer the course pursuant to
178 Title 63G, Chapter 6, Utah Procurement Code, through private or public contracts.
179 (8) Each participant shall pay the costs of the course, which may not exceed $20, to the
180 independent contractor providing the course at the time and place of the course.
181 (a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
182 deposited in the Children's Legal Defense Account described in Section 51-9-408 .
183 (b) A participant who is unable to pay the costs of the course may attend without
184 payment and request an Affidavit of Impecuniosity from the provider to be filed with the
185 petition or motion. The provider shall be reimbursed for its costs by the Administrative Office
186 of the Courts. A petitioner who is later determined not to meet the qualifications for
187 impecuniosity may be ordered to pay the costs of the course.
188 (9) Appropriations from the General Fund to the Administrative Office of the Courts
189 for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
190 determined to be impecunious as provided in Subsection (8)(b).
191 (10) The Online Court Assistance Program shall include instructions with the forms for
192 divorce which inform the petitioner of the requirement of this section.
193 (11) Both parties shall attend a divorce orientation course before a divorce decree may
194 be entered, unless waived by the court. A certificate of completion constitutes evidence to the
195 court of course completion by the parties.
196 (12) It shall be an affirmative defense in all divorce actions that the divorce orientation
197 requirement was not complied with, and the action may not continue until a party has

198 complied.
199 (13) The Administrative Office of the Courts shall adopt a program to evaluate the
200 effectiveness of the mandatory educational course. Progress reports shall be provided
201 [annually to] if requested by the Judiciary Interim Committee.
202 Section 4. Section 41-6a-511 is amended to read:
203 41-6a-511. Courts to collect and maintain data.
204 (1) The state courts shall collect and maintain data necessary to allow sentencing and
205 enhancement decisions to be made in accordance with this part.
206 (2) (a) Each justice court shall transmit dispositions electronically to the Department of
207 Public Safety in accordance with the requirement for recertification established by the Judicial
208 Council.
209 (b) Immediately upon filling the requirements under Subsection (2)(a), a justice court
210 shall collect and report the same DUI related data elements collected and maintained by the
211 state courts under Subsection (1).
212 (3) The department shall maintain an electronic data base for DUI related records and
213 data including the data elements received or collected from the courts under this section.
214 (4) (a) The Commission on Criminal and Juvenile Justice shall prepare an annual
215 report of DUI related data including the following:
216 (i) the data collected by the courts under Subsections (1) and (2); and
217 (ii) any measures for which data are available to evaluate the profile and impacts of
218 DUI recidivism and to evaluate the DUI related processes of:
219 (A) law enforcement;
220 (B) adjudication;
221 (C) sanctions;
222 (D) [drivers'] driver license control; and
223 (E) alcohol education, assessment, and treatment.
224 (b) The report shall be provided in writing to the Judiciary and Transportation Interim
225 Committees no later than the last day of October following the end of the fiscal year for which

226 the report is prepared.
227 Section 5. Section 53-5-707 is amended to read:
228 53-5-707. Permit -- Fees -- Disposition.
229 (1) (a) Each applicant for a permit shall pay a fee of $35 at the time of filing an
230 application.
231 (b) The initial fee shall be waived for an applicant who is a law enforcement officer
232 under Section 53-13-103 .
233 (2) The renewal fee for the permit is $10.
234 (3) The replacement fee for the permit is $10.
235 (4) The late fee for the renewal permit is $7.50.
236 (5) The bureau shall use the fees collected under Subsections (1), (2), (3), and (4) as a
237 dedicated credit to cover the costs of issuing concealed firearm permits under this part.
238 (6) (a) The bureau may collect any fees charged by an outside agency for additional
239 services required by statute as a prerequisite for issuance of a permit.
240 (b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
241 appropriate agency.
242 (7) The bureau shall make an annual report in writing to the Legislature's Law
243 Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
244 collected under this section.
245 Section 6. Section 63M-7-305 is amended to read:
246 63M-7-305. Drug Offender Reform Act -- Coordination.
247 (1) As used in this section:
248 (a) "Council" means the Utah Substance Abuse Advisory Council.
249 (b) "Drug Offender Reform Act" and "act" mean the screening, assessment, substance
250 abuse treatment, and supervision provided to convicted offenders under Subsection
251 77-18-1.1 (2) to:
252 (i) determine offenders' specific substance abuse treatment needs as early as possible in
253 the judicial process;

254 (ii) expand treatment resources for offenders in the community;
255 (iii) integrate treatment of offenders with supervision by the Department of
256 Corrections; and
257 (iv) reduce the incidence of substance abuse and related criminal conduct.
258 (c) "Substance abuse authority" has the same meaning as in Section 17-43-201 .
259 (2) The council shall provide ongoing oversight of the implementation, functions, and
260 evaluation of the Drug Offender Reform Act.
261 (3) The council shall develop an implementation plan for the Drug Offender Reform
262 Act. The plan shall:
263 (a) identify local substance abuse authority areas where the act will be implemented, in
264 cooperation with the Division of Substance Abuse and Mental Health, the Department of
265 Corrections, and the local substance abuse authorities;
266 (b) include guidelines on how funds appropriated under the act should be used;
267 (c) require that treatment plans under the act are appropriate for criminal offenders;
268 (d) include guidelines on the membership of local planning groups;
269 (e) include guidelines on the membership of the Department of Corrections' planning
270 group under Subsection (5); and
271 (f) provide guidelines for the Commission on Criminal and Juvenile Justice to conduct
272 an evaluation of the implementation, impact, and results of the act.
273 (4) (a) Each local substance abuse authority designated under Subsection (3) to
274 implement the act shall establish a local planning group and shall submit a plan to the council
275 detailing how the authority proposes to use the act funds. The uses shall be in accordance with
276 the guidelines established by the council under Subsection (3).
277 (b) Upon approval of the plan by the council, the Division of Substance Abuse and
278 Mental Health shall allocate the funds.
279 (c) Local substance abuse authorities shall annually, on or before October 1, submit to
280 the Division of Substance Abuse and Mental Health and to the council reports detailing use of
281 the funds and the impact and results of the use of the funds during the prior fiscal year ending

282 June 30.
283 (5) (a) The Department of Corrections shall establish a planning group and shall submit
284 a plan to the council detailing how the department proposes to use the act funds. The uses shall
285 be in accordance with the guidelines established by the council under Subsection (3).
286 (b) The Department of Corrections shall annually, [on or] before October 1, submit to
287 the council a report detailing use of the funds and the impact and results of the use of the funds
288 during the prior fiscal year ending June 30.
289 (6) The council shall monitor the progress and evaluation of the act and shall provide a
290 written report on the implementation, impact, and results of the act to the Law Enforcement
291 and Criminal Justice and the Health and Human Services legislative interim committees
292 annually [on or] before November [30] 1.
293 Section 7. Section 64-13-6 is amended to read:
294 64-13-6. Department duties.
295 (1) The department shall:
296 (a) protect the public through institutional care and confinement, and supervision in the
297 community of offenders where appropriate;
298 (b) implement court-ordered punishment of offenders;
299 (c) provide program opportunities for offenders;
300 (d) provide treatment for sex offenders who are found to be treatable based upon
301 criteria developed by the department;
302 (e) provide the results of ongoing assessment of sex offenders and objective diagnostic
303 testing to sentencing and release authorities;
304 (f) manage programs that take into account the needs and interests of victims, where
305 reasonable;
306 (g) supervise probationers and parolees as directed by statute and implemented by the
307 courts and the Board of Pardons and Parole;
308 (h) subject to Subsection (2), investigate criminal conduct involving offenders
309 incarcerated in a state correctional facility;

310 (i) cooperate and exchange information with other state, local, and federal law
311 enforcement agencies to achieve greater success in prevention and detection of crime and
312 apprehension of criminals; and
313 (j) implement the provisions of [Section 77-28c-102 ] Title 77, Chapter 28c, Interstate
314 Compact for Adult Offender Supervision.
315 (2) (a) By following the procedures in Subsection (2)(b), the department may
316 investigate the following occurrences at state correctional facilities:
317 (i) criminal conduct of departmental employees;
318 (ii) felony crimes resulting in serious bodily injury;
319 (iii) death of any person; or
320 (iv) aggravated kidnaping.
321 (b) Prior to investigating any occurrence specified in Subsection (2)(a), the department
322 shall:
323 (i) notify the sheriff or other appropriate law enforcement agency promptly after
324 ascertaining facts sufficient to believe an occurrence specified in Subsection (2)(a) has
325 occurred; and
326 (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
327 conduct an investigation involving an occurrence specified in Subsection (2)(a).
328 (3) Upon request, the department shall provide copies of investigative reports of
329 criminal conduct to the sheriff or other appropriate law enforcement agencies.
330 (4) The department shall provide data to the Commission on Criminal and Juvenile
331 Justice to show the criteria for determining sex offender treatability, the implementation and
332 effectiveness of sex offender treatment, and the results of ongoing assessment and objective
333 diagnostic testing. The Commission on Criminal and Juvenile Justice [will] shall then report
334 these data in writing to the Judiciary Interim Committee, if requested by the committee, and to
335 the appropriate appropriations subcommittee annually.
336 (5) The Department of Corrections shall collect accounts receivable ordered by the
337 district court as a result of prosecution for a criminal offense according to the requirements and

338 during the time periods established in Subsection 77-18-1 (9).
339 Section 8. Section 64-13e-106 is amended to read:
340 64-13e-106. Report to Legislature.
341 [On or before September] Before November 1 of each year, the department shall
342 provide to the Law Enforcement and Criminal Justice Interim Committee of the Legislature a
343 written report regarding housing of state inmates, state parole inmates, and state probationary
344 inmates under this chapter, including:
345 (1) the final state daily incarceration rate established under this chapter;
346 (2) the rates described in Subsections 64-13e-103 (3) and 64-13e-104 (2);
347 (3) participating counties;
348 (4) the number of state inmates housed by each county;
349 (5) the number of state parole inmates housed by each county; and
350 (6) the number of state probationary inmates housed by each county.
351 Section 9. Section 78A-8-109 is amended to read:
352 78A-8-109. Report to Judiciary Interim Committee.
353 The Judicial Council shall present to the Judiciary Interim Committee [not later than
354 November 30 of each odd-numbered year], if requested by the committee, a report and
355 recommendation concerning the maximum amount of small claims actions.
356 Section 10. Section 78B-6-204 is amended to read:
357 78B-6-204. Dispute Resolution Programs -- Director -- Duties -- Report.
358 (1) Within the Administrative Office of the Courts, there shall be a director of Dispute
359 Resolution Programs, appointed by the state court administrator.
360 (2) The director shall be an employee of the Administrative Office of the Courts and
361 shall be responsible for the administration of all court-annexed Dispute Resolution Programs.
362 The director shall have duties, powers, and responsibilities as the Judicial Council may
363 determine. The qualifications for employment of the director shall be based on training and
364 experience in the management, principles, and purposes of alternative dispute resolution
365 procedures.

366 (3) In order to implement the purposes of this part, the Administrative Office of the
367 Courts may employ or contract with ADR providers or ADR organizations on a case-by-case
368 basis, on a service basis, or on a program basis. ADR providers and organizations shall be
369 subject to the rules and fees set by the Judicial Council. The Administrative Office of the
370 Courts shall establish programs for training ADR providers and orienting attorneys and their
371 clients to ADR programs and procedures.
372 (4) An ADR provider is immune from all liability when conducting proceedings under
373 the rules of the Judicial Council and the provisions of this part, except for wrongful disclosure
374 of confidential information, to the same extent as a judge of the courts in this state.
375 (5) (a) The director shall report annually to the Supreme Court, the Judicial Council,
376 [the Judiciary Interim Committee,] the governor, and the Utah State Bar on the operation of the
377 Dispute Resolution Programs.
378 (b) The director shall provide the report to the Judiciary Interim Committee, if
379 requested by the committee.
380 [(a)] (c) Copies of the report shall be available to the public at the Administrative
381 Office of the Courts.
382 [(b)] (d) The report shall include:
383 (i) identification of participating judicial districts and the methods of alternative
384 dispute resolution that are available in those districts;
385 (ii) the number and types of disputes received;
386 (iii) the methods of alternative dispute resolution to which the disputes were referred;
387 (iv) the course of the referral;
388 (v) the status of cases referred to alternative dispute resolution or the disposition of
389 these disputes; and
390 (vi) any problems encountered in the administration of the program and the
391 recommendations of the director as to the continuation or modification of any program.
392 [(c)] (e) Nothing may be included in a report which would impair the privacy or
393 confidentiality of any specific ADR proceeding.

394