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H.B. 200 Enrolled
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10 eliminating references to repealed provisions, making minor wording changes, updating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
15 eliminating references to repealed provisions, making minor wording changes,
16 updating cross-references, correcting numbering, and fixing errors that were created
17 from the previous year's session.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 11-36a-306, as enacted by Laws of Utah 2011, Chapter 47
25 11-49-202, as enacted by Laws of Utah 2012, Chapter 202
26 11-49-407, as enacted by Laws of Utah 2012, Chapter 202
27 13-49-204, as enacted by Laws of Utah 2012, Chapter 375
28 17-16-21, as last amended by Laws of Utah 2009, Chapter 123
29 17B-2a-608, as enacted by Laws of Utah 2010, Chapter 159
30 19-6-902, as last amended by Laws of Utah 2008, Chapter 38
31 25-6-14, as last amended by Laws of Utah 2004, Chapter 89
32 26-3-7, as last amended by Laws of Utah 2012, Chapter 391
33 26-18-2.6 (Superseded 05/01/13), as last amended by Laws of Utah 2012, Chapter 161
34 26-18-2.6 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapters 161
35 and 347
36 26-18-402, as last amended by Laws of Utah 2012, Chapter 402
37 26-36a-206, as enacted by Laws of Utah 2010, Chapter 179
38 34A-5-106, as last amended by Laws of Utah 2012, Chapter 101
39 35A-8-414, as renumbered and amended by Laws of Utah 2012, Chapter 212
40 38-1a-201, as renumbered and amended by Laws of Utah 2012, Chapter 278
41 51-7-15, as last amended by Laws of Utah 1992, Chapter 285
42 51-7-18.2, as last amended by Laws of Utah 1992, Chapter 285
43 53-3-207, as last amended by Laws of Utah 2012, Chapter 144
44 53-5a-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
45 53A-1a-506, as last amended by Laws of Utah 2012, Chapter 66
46 53A-3-425, as last amended by Laws of Utah 2012, Chapter 425
47 53A-25b-201, as last amended by Laws of Utah 2012, Chapter 291
48 54-17-801, as enacted by Laws of Utah 2012, Chapter 182
49 57-1-24.3, as enacted by Laws of Utah 2012, Chapter 164
50 57-14-2, as last amended by Laws of Utah 2012, Chapter 45
51 58-3a-502, as last amended by Laws of Utah 2008, Chapter 382
52 58-9-102, as last amended by Laws of Utah 2008, Chapter 353
53 58-13-5, as last amended by Laws of Utah 2008, Chapters 3 and 382
54 58-17b-103, as enacted by Laws of Utah 2004, Chapter 280
55 58-17b-309, as last amended by Laws of Utah 2012, Chapters 234 and 344
56 58-22-102, as last amended by Laws of Utah 2011, Chapter 14
57 58-22-201, as last amended by Laws of Utah 1996, Chapter 259
58 58-22-503, as last amended by Laws of Utah 2008, Chapter 382
59 58-26a-102, as last amended by Laws of Utah 2008, Chapters 265 and 382
60 58-28-307, as last amended by Laws of Utah 2009, Chapter 220
61 58-37-10, as last amended by Laws of Utah 2007, Chapter 153
62 58-37c-3, as last amended by Laws of Utah 2008, Chapter 382
63 58-37c-17, as enacted by Laws of Utah 1992, Chapter 155
64 58-37d-2, as enacted by Laws of Utah 1992, Chapter 156
65 58-47b-301, as last amended by Laws of Utah 1998, Chapter 159
66 59-2-1109, as last amended by Laws of Utah 2011, Chapter 366
67 63A-12-111, as enacted by Laws of Utah 2012, Chapter 377
68 63G-6-202 (Superseded 05/01/13), as last amended by Laws of Utah 2012, Chapter 91
69 and last amended by Coordination Clause, Laws of Utah 2012, Chapter 347
70 63G-6a-203 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapter 91
71 and renumbered and amended by Laws of Utah 2012, Chapter 347 and last amended
72 by Coordination Clause, Laws of Utah 2012, Chapter 347
73 63G-7-701, as renumbered and amended by Laws of Utah 2008, Chapter 382
74 63I-1-209, as last amended by Laws of Utah 2012, Chapters 9 and 212
75 63I-1-213, as last amended by Laws of Utah 2011, Chapter 15
76 63I-1-235, as last amended by Laws of Utah 2012, Chapter 212
77 63I-1-258, as last amended by Laws of Utah 2012, Chapters 82, 234, and 349
78 63I-2-261, as enacted by Laws of Utah 2009, Chapter 372
79 63I-2-267, as last amended by Laws of Utah 2011, Chapter 427
80 67-1a-2, as last amended by Laws of Utah 2012, Chapter 35
81 67-19-13.5, as enacted by Laws of Utah 2012, Chapter 266
82 76-1-403, as last amended by Laws of Utah 1974, Chapter 32
83 76-1-501, as enacted by Laws of Utah 1973, Chapter 196
84 76-3-202, as last amended by Laws of Utah 2008, Chapter 355
85 76-3-203.5, as last amended by Laws of Utah 2011, Chapters 320 and 366
86 76-4-203, as last amended by Laws of Utah 1993, Chapter 230
87 76-4-401, as last amended by Laws of Utah 2008, Chapter 342
88 76-5-307, as enacted by Laws of Utah 2008, Chapter 343
89 76-6-107, as last amended by Laws of Utah 2012, Chapter 300
90 76-6-412, as last amended by Laws of Utah 2012, Chapter 257
91 76-6-1102, as last amended by Laws of Utah 2009, Chapter 164
92 76-7-305.5, as repealed and reenacted by Laws of Utah 2010, Chapter 314
93 76-8-109, as last amended by Laws of Utah 2010, Chapter 12
94 76-9-702, as last amended by Laws of Utah 2012, Chapter 303
95 76-9-702.1, as enacted by Laws of Utah 2012, Chapter 303
96 76-9-702.5, as last amended by Laws of Utah 2011, Chapter 320
97 76-9-1008, as enacted by Laws of Utah 2011, Chapter 21
98 76-10-104.1, as last amended by Laws of Utah 2012, Chapter 154
99 76-10-501, as last amended by Laws of Utah 2012, Chapter 114
100 76-10-526, as last amended by Laws of Utah 2012, Chapter 270
101 76-10-919, as last amended by Laws of Utah 2010, Chapter 154
102 76-10-1201, as last amended by Laws of Utah 2008, Chapter 297
103 77-36-2.5, as last amended by Laws of Utah 2011, Chapter 113
104 77-38-302, as last amended by Laws of Utah 2012, Chapter 260
105 77-38-303, as last amended by Laws of Utah 2012, Chapter 260
106 77-41-103, as enacted by Laws of Utah 2012, Chapter 145
107 78A-6-1302, as enacted by Laws of Utah 2012, Chapter 316
108 78B-2-313, as enacted by Laws of Utah 2012, Chapter 79
109 78B-6-121, as last amended by Laws of Utah 2012, Chapter 340
111 53A-8-101, as enacted by Laws of Utah 1988, Chapter 2
112 58-40-5, as last amended by Laws of Utah 2008, Chapter 382
114 Be it enacted by the Legislature of the state of Utah:
115 Section 1. Section 11-36a-306 is amended to read:
116 11-36a-306. Certification of impact fee analysis.
117 (1) An impact fee facilities plan shall include a written certification from the person or
118 entity that prepares the impact fee facilities plan that states the following:
119 "I certify that the attached impact fee facilities plan:
120 1. includes only the costs of public facilities that are:
121 a. allowed under the Impact Fees Act; and
122 b. actually incurred; or
123 c. projected to be incurred or encumbered within six years after the day on which each
124 impact fee is paid;
125 2. does not include:
126 a. costs of operation and maintenance of public facilities;
127 b. costs for qualifying public facilities that will raise the level of service for the
128 facilities, through impact fees, above the level of service that is supported by existing residents;
130 c. an expense for overhead, unless the expense is calculated pursuant to a methodology
131 that is consistent with generally accepted cost accounting practices and the methodological
132 standards set forth by the federal Office of Management and Budget for federal grant
133 reimbursement; and
134 3. complies in each and every relevant respect with the Impact Fees Act."
135 (2) An impact fee analysis shall include a written certification from the person or entity
136 that prepares the impact fee analysis which states as follows:
137 "I certify that the attached impact fee analysis:
138 1. includes only the costs of public facilities that are:
139 a. allowed under the Impact Fees Act; and
140 b. actually incurred; or
141 c. projected to be incurred or encumbered within six years after the day on which each
142 impact fee is paid;
143 2. does not include:
144 a. costs of operation and maintenance of public facilities;
145 b. costs for qualifying public facilities that will raise the level of service for the
146 facilities, through impact fees, above the level of service that is supported by existing residents;
148 c. an expense for overhead, unless the expense is calculated pursuant to a methodology
149 that is consistent with generally accepted cost accounting practices and the methodological
150 standards set forth by the federal Office of Management and Budget for federal grant
152 3. offsets costs with grants or other alternate sources of payment; and
153 4. complies in each and every relevant respect with the Impact Fees Act."
154 Section 2. Section 11-49-202 is amended to read:
155 11-49-202. Meetings -- Staff.
156 (1) The commission shall meet for the purpose of reviewing an ethics complaint when:
157 (a) except otherwise expressly provided in this chapter, called to meet at the discretion
158 of the chair; or
159 (b) a majority of members agree to meet.
160 (2) A majority of the commission is a quorum.
161 (3) (a) The commission shall prepare, on an annual basis, a summary data report that
163 (i) a general description of the activities of the commission during the past year;
164 (ii) the number of ethics complaints filed with the commission;
165 (iii) the number of ethics complaints dismissed in accordance with Section 11-49-602 ;
166 (iv) the number of ethics complaints reviewed by the commission in accordance with
167 Section 11-49-701 ;
168 (v) an executive summary of each complaint review in accordance with Section
169 11-49-701 ; and
170 (vi) an accounting of the commission's budget and expenditures.
171 (b) The summary data report shall be submitted to the [
172 Political Subdivisions Interim Committee on an annual basis.
173 (c) The summary data report shall be a public record.
174 (4) (a) The Senate and the House of Representatives shall employ staff for the
175 commission at a level that is reasonable to assist the commission in performing its duties as
176 established in this chapter.
177 (b) The Legislative Management Committee shall:
178 (i) authorize each staff position for the commission; and
179 (ii) approve the employment of each staff member for the commission.
180 (c) Staff for the commission shall work only for the commission and may not perform
181 services for the Senate, House of Representatives, other legislative offices, or a political
183 (5) A meeting held by the commission is subject to Title 52, Chapter 4, Open and
184 Public Meetings Act, unless otherwise provided.
185 Section 3. Section 11-49-407 is amended to read:
186 11-49-407. Communications of commission members.
187 (1) As used in this section, "third party" means a person who is not a member of the
188 commission or staff to the commission.
189 (2) While a complaint is under review by the commission, a member of the
190 commission may not initiate or consider any communications concerning the complaint with a
191 third party unless:
192 (a) the communication is expressly permitted under the procedures established by this
193 chapter; or
194 (b) the communication is made by the third party, in writing, simultaneously to:
195 (i) all members of the commission; and
196 (ii) a staff member of the commission.
197 (3) While the commission is reviewing a complaint under this chapter, a commission
198 member may communicate outside of [
199 deliberation with another member of, or staff to, the commission, only if the member's
200 communication does not materially compromise the member's responsibility to independently
201 review and make decisions in relation to the complaint.
202 Section 4. Section 13-49-204 is amended to read:
203 13-49-204. Bonds -- Exemption -- Statements dependent on posting bond.
204 (1) Except as provided in Subsection (5), an immigration consultant shall post a cash
205 bond or surety bond:
206 (a) in the amount $50,000; and
207 (b) payable to the division for the benefit of any person damaged by a fraud,
208 misstatement, misrepresentation, unlawful act, omission, or failure to provide services of an
209 immigration consultant, or an agent, representative, or employee of an immigration consultant.
210 (2) A bond required under this section shall be:
211 (a) in a form approved by the attorney general; and
212 (b) conditioned upon the faithful compliance of an immigration consultant with this
213 chapter and division rules.
214 (3) (a) If a surety bond posted by an immigration consultant under this section is
215 canceled due to the person's negligence, the division may assess a $300 reinstatement fee.
216 (b) No part of a bond posted by an immigration consultant under this section may be
218 (i) during the period the registration under this chapter is in effect; or
219 (ii) while a revocation proceeding is pending against the person.
220 (4) (a) A bond posted under this section by an immigration consultant may be forfeited
221 if the person's registration under this chapter is revoked.
222 (b) Notwithstanding Subsection (4)(a), the division may make a claim against a bond
223 posted by an immigration consultant for money owed the division under this [
224 without the commission first revoking the immigration consultant's registration.
225 (5) The requirements of this section do not apply to an employee of a nonprofit,
226 tax-exempt corporation who assists clients to complete an application document in an
227 immigration matter, free of charge or for a fee, including reasonable costs, consistent with that
228 authorized by the Board of Immigration Appeals under 8 C.F.R. Sec. 292.2.
229 (6) A person may not disseminate by any means a statement indicating that the person
230 is an immigration consultant, engages in the business of an immigration consultant, or proposes
231 to engage in the business of an immigration consultant, unless the person has posted a bond
232 under this section that is maintained throughout the period covered by the statement, such as a
233 listing in a telephone book.
234 (7) An immigration consultant may not make or authorize the making of an oral or
235 written reference to the immigration consultant's compliance with the bonding requirements of
236 this section except as provided in this chapter.
237 Section 5. Section 17-16-21 is amended to read:
238 17-16-21. Fees of county officers.
239 (1) As used in this section, "county officer" means all of the county officers
240 enumerated in Section 17-53-101 except county recorders, county constables, and county
242 (2) (a) Each county officer shall collect, in advance, for exclusive county use and
244 (i) all fees established by the county legislative body under Section 17-53-211 ; and
245 (ii) any other fees authorized or required by law.
246 (b) As long as the Children's Legal Defense Account is authorized by Section
247 51-9-408 , the county clerk shall:
248 (i) assess $10 in addition to whatever fee for a marriage license is established under
249 authority of this section [
251 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
252 in the Children's Legal Defense Account.
253 (c) (i) As long as the Division of Child and Family Services, created in Section
254 62A-4a-103 , has the responsibility under Section 62A-4a-105 to provide services, including
255 temporary shelter, for victims of domestic violence, the county clerk shall:
256 (A) collect $10 in addition to whatever fee for a marriage license is established under
257 authority of this section, in addition to the amount described in Subsection (2)(b), if an
258 applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
259 (B) to the extent actually paid, transmit $10 from each marriage license fee to the
260 Division of Finance for distribution to the Division of Child and Family Services for the
261 operation of shelters for victims of domestic violence.
262 (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
263 to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
264 (B) An applicant for a marriage license may choose not to pay the additional $10
265 referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
266 marriage license.
267 (3) This section does not apply to any fees currently being assessed by the state but
268 collected by county officers.
269 Section 6. Section 17B-2a-608 is amended to read:
270 17B-2a-608. Limit on property tax authority -- Exceptions.
271 (1) As used in this section, "elected official" means a metropolitan water district board
272 of trustee member who is elected to the board of trustees by metropolitan water district voters
273 at an election held for that purpose.
274 (2) The board of trustees of a metropolitan water district may not collect property tax
275 revenue in a tax year beginning on or after January 1, 2015, that would exceed the certified tax
276 rate under Section 59-2-924 unless:
277 (a) the members of the board of trustees are all elected officials; or
278 (b) the proposed tax levy has previously been approved by:
279 (i) a majority of the metropolitan water district voters at an election held for that
280 purpose; or
281 (ii) the legislative body of each municipality that appoints a member to the board of
282 trustees under Section [
283 Section 7. Section 19-6-902 is amended to read:
284 19-6-902. Definitions.
285 As used in this part:
286 (1) "Board" means the Solid and Hazardous Waste Control Board, as defined in
287 Section 19-1-106 , within the Department of Environmental Quality.
288 (2) "Certified decontamination specialist" means an individual who has met the
289 standards for certification as a decontamination specialist and has been certified by the board
290 under Subsection 19-6-906 (2).
291 (3) "Contaminated" or "contamination" means:
292 (a) polluted by hazardous materials that cause property to be unfit for human habitation
293 or use due to immediate or long-term health hazards; or
294 (b) that a property is polluted by hazardous materials as a result of the use, production,
295 or presence of methamphetamine in excess of decontamination standards adopted by the
296 Department of Health under Section 26-51-201 .
297 (4) "Contamination list" means a list maintained by the local health department of
299 (a) reported to the local health department under Section 19-6-903 ; and
300 (b) determined by the local health department to be contaminated.
301 (5) (a) "Decontaminated" means property that at one time was contaminated, but the
302 contaminants have been removed.
303 (b) "Decontaminated" for a property that was contaminated by the use, production, or
304 presence of methamphetamine means that the property satisfies decontamination standards
305 adopted by the Department of Health under Section 26-51-201 .
306 (6) "Hazardous materials":
307 (a) has the same meaning as "hazardous or dangerous [
308 in Section 58-37d-3 ; and
309 (b) includes any illegally manufactured controlled substances.
310 (7) "Health department" means a local health department under Title 26A, Local
311 Health Authorities.
312 (8) "Owner of record":
313 (a) means the owner of real property as shown on the records of the county recorder in
314 the county where the property is located; and
315 (b) may include an individual, financial institution, company, corporation, or other
317 (9) "Property":
318 (a) means any real property, site, structure, part of a structure, or the grounds
319 surrounding a structure; and
320 (b) includes single-family residences, outbuildings, garages, units of multiplexes,
321 condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers,
322 manufactured housing, shops, or booths.
323 (10) "Reported property" means property that is the subject of a law enforcement report
324 under Section 19-6-903 .
325 Section 8. Section 25-6-14 is amended to read:
326 25-6-14. Restricting transfers of trust interests.
327 (1) (a) For trusts created on or after December 31, 2003, a settlor who in writing
328 irrevocably transfers property in trust to a trust having as trustee a company defined in
329 Subsection 7-5-1 (1)(d) who holds some or all of the trust assets in this state in a savings
330 account [
331 brokerage account, a trust company fiduciary account, or account or deposit located in this state
332 that is similar to such an account may provide that the income or principal interest of the settlor
333 as beneficiary of the trust may not be either voluntarily or involuntarily transferred before
334 payment or delivery to the settlor as beneficiary by the trustee. The provision shall be
335 considered to be a restriction on the transfer of the settlor's beneficial interest in the trust that is
336 enforceable under applicable nonbankruptcy law within the meaning of Section 541(c)(2) of
337 the Bankruptcy Code or successor provision.
338 (b) This Subsection (1) applies to:
339 (i) any form of transfer into trust including:
340 (A) conveyance; or
341 (B) assignment; and
342 (ii) transfers of:
343 (A) personal property;
344 (B) interests in personal property;
345 (C) real property; or
346 (D) interests in real property.
347 (2) (a) Except as provided in Subsection (2)(c), if a trust has a restriction as provided in
348 Subsection (1)(a), a creditor or other claimant of the settlor may not satisfy a claim, or liability
349 on it, in either law or equity, out of the settlor's transfer or settlor's beneficial interest in the
351 (b) For the purposes of Subsection (2)(a), a creditor includes one holding or seeking to
352 enforce a judgment entered by a court or other body having adjudicative authority as well as
353 one with a right to payment, whether or not reduced to judgment, liquidated, unliquidated,
354 fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or
356 (c) A restriction provided under Subsection (1) does not prevent a creditor or person
357 described in Subsection (2)(a) from satisfying a claim or liability out of the settlor's beneficial
358 interest in or transfer into trust if:
359 (i) the claim is a judgment, order, decree, or other legally enforceable decision or ruling
360 resulting from a judicial, arbitration, mediation, or administrative proceeding commenced prior
361 to or within three years after the trust is created;
362 (ii) the settlor's transfer into trust is made with actual intent to hinder, delay, or defraud
363 that creditor;
364 (iii) the trust provides that the settlor may revoke or terminate all or part of the trust
365 without the consent of a person who has a substantial beneficial interest in the trust and the
366 interest would be adversely affected by the exercise of the settlor's power to revoke or
367 terminate all or part of the trust;
368 (iv) the trust requires that all or a part of the trust's income or principal, or both must be
369 distributed to the settlor as beneficiary;
370 (v) the claim is for a payment owed by a settlor under a child support judgment or
372 (vi) the transfer is made when the settlor is insolvent or the transfer renders the settlor
374 (vii) the claim is for recovery of public assistance received by the settlor allowed under
375 Title 26, Chapter 19, Medical Benefits Recovery Act;
376 (viii) the claim is a tax or other amount owed by the settlor to any governmental entity;
377 (ix) the claim is by a spouse or former spouse of the settlor on account of an agreement
378 or order for the payment of support or alimony or for a division or distribution of property;
379 (x) (A) the settlor transferred assets into the trust that:
380 (I) were listed in a written representation of the settlor's assets given to a claimant to
381 induce the claimant to enter into a transaction or agreement with the settlor; or
382 (II) were transferred from the settlor's control in breach of any written agreement,
383 covenant, or security interest between the settlor and the claimant; or
384 (B) without limiting the claimant's right to pursue assets not held by the trust, a
385 claimant described in Subsection (2)(c)(x)(A) may only foreclose or execute upon an asset in
386 the trust listed in the written representation described in Subsection (2)(c)(x)(A)(I) or
387 transferred in breach of a written agreement, covenant, or security interest as provided in
388 Subsection (2)(c)(x)(A)(II) to the extent of the settlor's interest in that asset when it was
389 transferred to the trust or the equivalent value of that asset at the time of foreclosure or
390 execution if the original asset was sold or traded by the trust; or
391 (xi) the claim is a judgment, award, order, sentence, fine, penalty, or other
392 determination of liability of the settlor for conduct of the settlor constituting fraud, intentional
393 infliction of harm, or a crime.
394 (d) The statute of limitations for actions to satisfy a claim or liability out of the settlor's
395 beneficial interest in or transfer into trust under Subsections (2)(c)(ii), (v), (vii), (viii), (ix), (x),
396 and (xi) is the statute of limitations applicable to the underlying action.
397 (e) For the purposes of Subsection (2)(c) "revoke or terminate" does not include:
398 (i) a power to veto a distribution from the trust;
399 (ii) a testamentary special power of appointment or similar power;
400 (iii) the right to receive a distribution of income, principal, or both in the discretion of
401 another, including a trustee other than the settlor, an interest in a charitable remainder unitrust
402 or charitable remainder annuity trust as defined in Internal Revenue Code Section 664 or
403 successor provision, or a right to receive principal subject to an ascertainable standard set forth
404 in the trust; or
405 (iv) the power to appoint nonsubordinate advisers or trust protectors who can remove
406 and appoint trustees, who can direct, consent to or disapprove distributions, or is the power to
407 serve as an investment director or appoint an investment director under Section 75-7-906 .
408 (3) The satisfaction of a claim under Subsection (2)(c) is limited to that part of the trust
409 or transfer to which it applies.
410 (4) (a) If a trust has a restriction as provided under Subsection (1), the restriction
411 prevents anyone, including a person listed in Subsection (2)(a), from asserting any cause of
412 action or claim for relief against a trustee or anyone involved in the counseling, drafting,
413 preparation, execution, or funding of the trust for:
414 (i) conspiracy to commit a fraudulent conveyance;
415 (ii) aiding and abetting a fraudulent conveyance; or
416 (iii) participating in the trust transaction.
417 (b) A person prevented from asserting a cause of action or claim for relief under this
418 Subsection (4) may assert a cause of action only against:
419 (i) the trust assets; or
420 (ii) the settlor or beneficiary to the extent allowed under Subsection 25-6-5 (1)(a).
421 (5) In any action brought under Subsection (2)(c), the burden to prove the matter by
422 clear and convincing evidence shall be upon the creditor.
423 (6) For purposes of this section, the transfer shall be considered to have been made on
424 the date the property was originally transferred in trust.
425 (7) The courts of this state shall have exclusive jurisdiction over any action brought
426 under this section.
427 (8) If a trust or a property transfer to a trust is voided or set aside under Subsection
428 (2)(c), the trust or property transfer shall be voided or set aside only to the extent necessary to
430 (a) the settlor's debt to the creditor or other person at whose instance the trust or
431 property transfer is voided or set aside; and
432 (b) the costs and attorney fees allowed by the court.
433 (9) If a trust or a property transfer to a trust is voided or set aside under Subsection
434 (2)(c) and the court is satisfied that the trustee did not act in bad faith in accepting or
435 administering the property that is the subject of the trust:
436 (a) the trustee has a first and paramount lien against the property that is the subject of
437 the trust in an amount equal to the entire cost properly incurred by the trustee in a defense of
438 the action or proceedings to void or set aside the trust or the property transfer, including
439 attorney fees;
440 (b) the trust or property transfer that is voided or set aside is subject to the proper fees,
441 costs, preexisting rights, claims, and interest of the trustee and any predecessor trustee if the
442 trustee and predecessor trustee did not act in bad faith; and
443 (c) any beneficiary, including the settlor, may retain a distribution made by exercising a
444 trust power or discretion vested in the trustee of the trust, if the power or discretion was
445 properly exercised before the commencement of the action or proceeding to void or set aside
446 the trust or property transfer.
447 (10) If at least one trustee is a trust company as defined in Subsection 7-5-1 (1)(d), then
448 individuals may also serve as cotrustees.
449 Section 9. Section 26-3-7 is amended to read:
450 26-3-7. Disclosure of health data -- Limitations.
451 The department may not disclose any identifiable health data unless:
452 (1) one of the following persons has consented to the disclosure:
453 (a) the individual;
454 (b) the next-of-kin if the individual is deceased;
455 (c) the parent or legal guardian if the individual is a minor or mentally incompetent; or
456 (d) a person holding a power of attorney covering such matters on behalf of the
458 (2) the disclosure is to a governmental entity in this or another state or the federal
459 government, provided that:
460 (a) the data will be used for a purpose for which they were collected by the department;
462 (b) the recipient enters into a written agreement satisfactory to the department agreeing
463 to protect such data in accordance with the requirements of this chapter and department rule
464 and not permit further disclosure without prior approval of the department;
465 (3) the disclosure is to an individual or organization, for a specified period, solely for
466 bona fide research and statistical purposes, determined in accordance with department rules,
467 and the department determines that the data are required for the research and statistical
468 purposes proposed and the requesting individual or organization enters into a written
469 agreement satisfactory to the department to protect the data in accordance with this chapter and
470 department rule and not permit further disclosure without prior approval of the department;
471 (4) the disclosure is to a governmental entity for the purpose of conducting an audit,
472 evaluation, or investigation of the department and such governmental entity agrees not to use
473 those data for making any determination affecting the rights, benefits, or entitlements of any
474 individual to whom the health data relates;
475 (5) the disclosure is of specific medical or epidemiological information to authorized
476 personnel within the department, local health departments, public health authorities, official
477 health agencies in other states, the United States Public Health Service, the Centers for Disease
478 Control and Prevention (CDC), or agencies responsible to enforce quarantine, when necessary
479 to continue patient services or to undertake public health efforts to control communicable,
480 infectious, acute, chronic, or any other disease or health hazard that the department considers to
481 be dangerous or important or that may affect the public health;
482 (6) (a) the disclosure is of specific medical or epidemiological information to a "health
483 care provider" as defined in Section 78B-3-403 , health care personnel, or public health
484 personnel who has a legitimate need to have access to the information in order to assist the
485 patient or to protect the health of others closely associated with the patient[
486 (b) this Subsection (6) does not create a duty to warn third parties;
487 (7) the disclosure is necessary to obtain payment from an insurer or other third-party
488 payor in order for the department to obtain payment or to coordinate benefits for a patient; or
489 (8) the disclosure is to the subject of the identifiable health data.
490 Section 10. Section 26-18-2.6 (Superseded 05/01/13) is amended to read:
491 26-18-2.6 (Superseded 05/01/13). Dental benefits.
492 (1) (a) Except as provided in Subsection (8), the division shall establish a competitive
493 bid process to bid out Medicaid dental benefits under this chapter.
494 (b) The division may bid out the Medicaid dental benefits separately from other
495 program benefits.
496 (2) The division shall use the following criteria to evaluate dental bids:
497 (a) ability to manage dental expenses;
498 (b) proven ability to handle dental insurance;
499 (c) efficiency of claim paying procedures;
500 (d) provider contracting, discounts, and adequacy of network; and
501 (e) other criteria established by the department.
502 (3) The division shall request bids for the program's benefits:
503 (a) in 2011; and
504 (b) at least once every five years thereafter.
505 (4) The division's contract with dental plans for the program's benefits shall include
506 risk sharing provisions in which the dental plan must accept 100% of the risk for any difference
507 between the division's premium payments per client and actual dental expenditures.
508 (5) The division may not award contracts to:
509 (a) more than three responsive bidders under this section; or
510 (b) an insurer that does not have a current license in the state.
511 (6) (a) The division may cancel the request for proposals if:
512 (i) there are no responsive bidders; or
513 (ii) the division determines that accepting the bids would increase the program's costs.
514 (b) If the division cancels the request for proposals under Subsection (6)(a), the
515 division shall report to the Health and Human Services Interim Committee regarding the
516 reasons for the decision.
517 (7) Title 63G, Chapter 6, Utah Procurement Code, shall apply to this section.
518 (8) (a) The division may:
519 (i) establish a dental health care delivery system and payment reform pilot program for
520 Medicaid dental benefits to increase access to cost effective and quality dental health care by
521 increasing the number of dentists available for Medicaid dental services; and
522 (ii) target specific Medicaid populations or geographic areas in the state.
523 (b) The pilot program shall establish compensation models for dentists and dental
524 hygienists that:
525 (i) increase access to quality, cost effective dental care; and
526 (ii) use funds from the Division of Family Health and Preparedness that are available to
527 reimburse dentists for educational loans in exchange for the dentist agreeing to serve Medicaid
528 and under-served populations.
529 (c) The division may amend the state plan and apply to the Secretary of Health and
530 Human Services for waivers or pilot programs if necessary to establish the new dental care
531 delivery and payment reform model. The division shall evaluate the pilot program's effect on
532 the cost of dental care and access to dental care for the targeted Medicaid populations. The
533 division shall report to the Legislature's Health and Human Services Interim Committee by
534 November 30th of each year that the pilot project is in effect.
535 Section 11. Section 26-18-2.6 (Effective 05/01/13) is amended to read:
536 26-18-2.6 (Effective 05/01/13). Dental benefits.
537 (1) (a) Except as provided in Subsection (8), the division shall establish a competitive
538 bid process to bid out Medicaid dental benefits under this chapter.
539 (b) The division may bid out the Medicaid dental benefits separately from other
540 program benefits.
541 (2) The division shall use the following criteria to evaluate dental bids:
542 (a) ability to manage dental expenses;
543 (b) proven ability to handle dental insurance;
544 (c) efficiency of claim paying procedures;
545 (d) provider contracting, discounts, and adequacy of network; and
546 (e) other criteria established by the department.
547 (3) The division shall request bids for the program's benefits:
548 (a) in 2011; and
549 (b) at least once every five years thereafter.
550 (4) The division's contract with dental plans for the program's benefits shall include
551 risk sharing provisions in which the dental plan must accept 100% of the risk for any difference
552 between the division's premium payments per client and actual dental expenditures.
553 (5) The division may not award contracts to:
554 (a) more than three responsive bidders under this section; or
555 (b) an insurer that does not have a current license in the state.
556 (6) (a) The division may cancel the request for proposals if:
557 (i) there are no responsive bidders; or
558 (ii) the division determines that accepting the bids would increase the program's costs.
559 (b) If the division cancels the request for proposals under Subsection (6)(a), the
560 division shall report to the Health and Human Services Interim Committee regarding the
561 reasons for the decision.
562 (7) Title 63G, Chapter 6a, Utah Procurement Code, shall apply to this section.
563 (8) (a) The division may:
564 (i) establish a dental health care delivery system and payment reform pilot program for
565 Medicaid dental benefits to increase access to cost effective and quality dental health care by
566 increasing the number of dentists available for Medicaid dental services; and
567 (ii) target specific Medicaid populations or geographic areas in the state.
568 (b) The pilot program shall establish compensation models for dentists and dental
569 hygienists that:
570 (i) increase access to quality, cost effective dental care; and
571 (ii) use funds from the Division of Family Health and Preparedness that are available to
572 reimburse dentists for educational loans in exchange for the dentist agreeing to serve Medicaid
573 and under-served populations.
574 (c) The division may amend the state plan and apply to the Secretary of Health and
575 Human Services for waivers or pilot programs if necessary to establish the new dental care
576 delivery and payment reform model. The division shall evaluate the pilot program's effect on
577 the cost of dental care and access to dental care for the targeted Medicaid populations. The
578 division shall report to the Legislature's Health and Human Services Interim Committee by
579 November 30th of each year that the pilot project is in effect.
580 Section 12. Section 26-18-402 is amended to read:
581 26-18-402. Medicaid Restricted Account.
582 (1) There is created a restricted account in the General Fund known as the Medicaid
583 Restricted Account.
584 (2) (a) Except as provided in Subsection (3), the following shall be deposited into the
585 Medicaid Restricted Account:
586 (i) any general funds appropriated to the department for the state plan for medical
587 assistance or for the Division of Health Care Financing that are not expended by the
588 department in the fiscal year for which the general funds were appropriated and which are not
589 otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account;
590 (ii) any unused state funds that are associated with the Medicaid program, as defined in
591 Section 26-18-2 , from the Department of Workforce Services and the Department of Human
592 Services; and
593 (iii) any penalties imposed and collected under:
594 (A) Section 17B-2a-818.5 ;
595 (B) Section 19-1-206 ;
600 (b) The account shall earn interest and all interest earned shall be deposited into the
602 (c) The Legislature may appropriate money in the restricted account to fund programs
603 that expand medical assistance coverage and private health insurance plans to low income
604 persons who have not traditionally been served by Medicaid, including the Utah Children's
605 Health Insurance Program created in Chapter 40.
606 (3) For fiscal years 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 the following
607 funds are nonlapsing:
608 (a) any general funds appropriated to the department for the state plan for medical
609 assistance, or for the Division of Health Care Financing that are not expended by the
610 department in the fiscal year in which the general funds were appropriated; and
611 (b) funds described in Subsection (2)(a)(ii).
612 Section 13. Section 26-36a-206 is amended to read:
613 26-36a-206. Penalties and interest.
614 (1) A facility that fails to pay any assessment or file a return as required under this
615 chapter, within the time required by this chapter, shall pay, in addition to the assessment,
616 penalties and interest established by the department.
617 (2) (a) Consistent with Subsection (2)(b), the department shall adopt rules in
618 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which establish
619 reasonable penalties and interest for the violations described in Subsection (1).
620 (b) If a hospital fails to timely pay the full amount of a quarterly assessment, the
621 department shall add to the assessment:
622 (i) a penalty equal to 5% of the quarterly amount not paid on or before the due date;
624 (ii) on the last day of each quarter after the due date until the assessed amount and the
625 penalty imposed under Subsection (2)(b)(i) are paid in full, an additional 5% penalty on:
626 (A) any unpaid quarterly assessment; and
627 (B) any unpaid penalty assessment.
628 (c) The division may waive, reduce, or compromise the penalties and interest provided
629 for in this section in the same manner as provided in Subsection 59-1-401 [
630 Section 14. Section 34A-5-106 is amended to read:
631 34A-5-106. Discriminatory or prohibited employment practices -- Permitted
633 (1) It is a discriminatory or prohibited employment practice to take any action
634 described in Subsections (1)(a) through (f).
635 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
636 any person, or to retaliate against, harass, or discriminate in matters of compensation or in
637 terms, privileges, and conditions of employment against any person otherwise qualified,
638 because of:
639 (A) race;
640 (B) color;
641 (C) sex;
642 (D) pregnancy, childbirth, or pregnancy-related conditions;
643 (E) age, if the individual is 40 years of age or older;
644 (F) religion;
645 (G) national origin; or
646 (H) disability.
647 (ii) A person may not be considered "otherwise qualified," unless that person possesses
648 the following required by an employer for any particular job, job classification, or position:
649 (A) education;
650 (B) training;
651 (C) ability, with or without reasonable accommodation;
652 (D) moral character;
653 (E) integrity;
654 (F) disposition to work;
655 (G) adherence to reasonable rules and regulations; and
656 (H) other job related qualifications required by an employer.
657 (iii) (A) As used in this chapter, "to discriminate in matters of compensation" means
658 the payment of differing wages or salaries to employees having substantially equal experience,
659 responsibilities, and skill for the particular job.
660 (B) Notwithstanding Subsection (1)(a)(iii)(A):
661 (I) nothing in this chapter prevents increases in pay as a result of longevity with the
662 employer, if the salary increases are uniformly applied and available to all employees on a
663 substantially proportional basis; and
664 (II) nothing in this section prohibits an employer and employee from agreeing to a rate
665 of pay or work schedule designed to protect the employee from loss of Social Security payment
666 or benefits if the employee is eligible for those payments.
667 (b) An employment agency may not:
668 (i) refuse to list and properly classify for employment, or refuse to refer an individual
669 for employment, in a known available job for which the individual is otherwise qualified,
670 because of:
671 (A) race;
672 (B) color;
673 (C) sex;
674 (D) pregnancy, childbirth, or pregnancy-related conditions;
675 (E) religion;
676 (F) national origin;
677 (G) age, if the individual is 40 years of age or older; or
678 (H) disability; or
679 (ii) comply with a request from an employer for referral of applicants for employment
680 if the request indicates either directly or indirectly that the employer discriminates in
681 employment on account of:
682 (A) race;
683 (B) color;
684 (C) sex;
685 (D) pregnancy, childbirth, or pregnancy-related conditions;
686 (E) religion;
687 (F) national origin;
688 (G) age, if the individual is 40 years of age or older; or
689 (H) disability.
690 (c) A labor organization may not exclude any individual otherwise qualified from full
691 membership rights in the labor organization, expel the individual from membership in the labor
692 organization, or otherwise discriminate against or harass any of the labor organization's
693 members in full employment of work opportunity, or representation, because of:
694 (i) race;
695 (ii) sex;
696 (iii) pregnancy, childbirth, or pregnancy-related conditions;
697 (iv) religion;
698 (v) national origin;
699 (vi) age, if the individual is 40 years of age or older; or
700 (vii) disability.
701 (d) Unless based upon a bona fide occupational qualification, or required by and given
702 to an agency of government for security reasons, an employer, employment agency, or labor
703 organization may not print, or circulate, or cause to be printed or circulated, any statement,
704 advertisement, or publication, use any form of application for employment or membership, or
705 make any inquiry in connection with prospective employment or membership that expresses,
706 either directly or indirectly:
707 (i) any limitation, specification, or discrimination as to:
708 (A) race;
709 (B) color;
710 (C) religion;
711 (D) sex;
712 (E) pregnancy, childbirth, or pregnancy-related conditions;
713 (F) national origin;
714 (G) age, if the individual is 40 years of age or older; or
715 (H) disability; or
716 (ii) the intent to make any limitation, specification, or discrimination described in
717 Subsection (1)(d)(i).
718 (e) A person, whether or not an employer, an employment agency, a labor organization,
719 or the employees or members of an employer, employment agency, or labor organization, may
721 (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a
722 discriminatory or prohibited employment practice;
723 (ii) obstruct or prevent any person from complying with this chapter, or any order
724 issued under this chapter; or
725 (iii) attempt, either directly or indirectly, to commit any act prohibited in this section.
726 (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
727 school, providing, coordinating, or controlling apprenticeship programs, or providing,
728 coordinating, or controlling on-the-job-training programs, instruction, training, or retraining
729 programs may not:
730 (A) deny to, or withhold from, any qualified person, the right to be admitted to, or
731 participate in any apprenticeship training program, on-the-job-training program, or other
732 occupational instruction, training or retraining program because of:
733 (I) race;
734 (II) color;
735 (III) sex;
736 (IV) pregnancy, childbirth, or pregnancy-related conditions;
737 (V) religion;
738 (VI) national origin;
739 (VII) age, if the individual is 40 years of age or older; or
740 (VIII) disability;
741 (B) discriminate against or harass any qualified person in that person's pursuit of
742 programs described in Subsection (1)(f)(i)(A), or to discriminate against such a person in the
743 terms, conditions, or privileges of programs described in Subsection (1)(f)(i)(A), because of:
744 (I) race;
745 (II) color;
746 (III) sex;
747 (IV) pregnancy, childbirth, or pregnancy-related conditions;
748 (V) religion;
749 (VI) national origin;
750 (VII) age, if the individual is 40 years of age or older; or
751 (VIII) disability; or
752 (C) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or
753 published, any notice or advertisement relating to employment by the employer, or membership
754 in or any classification or referral for employment by a labor organization, or relating to any
755 classification or referral for employment by an employment agency, indicating any preference,
756 limitation, specification, or discrimination based on:
757 (I) race;
758 (II) color;
759 (III) sex;
760 (IV) pregnancy, childbirth, or pregnancy-related conditions;
761 (V) religion;
762 (VI) national origin;
763 (VII) age, if the individual is 40 years of age or older; or
764 (VIII) disability.
765 (ii) Notwithstanding Subsection (1)(f)(i)(C), if the following is a bona fide
766 occupational qualification for employment, a notice or advertisement described in Subsection
767 (1)(f)(i)(C) may indicate a preference, limitation, specification, or discrimination based on:
768 (A) race;
769 (B) color;
770 (C) religion;
771 (D) sex;
772 (E) pregnancy, childbirth, or pregnancy-related conditions;
773 (F) age;
774 (G) national origin; or
775 (H) disability.
776 (2) Nothing contained in Subsections (1)(a) through (1)(f) shall be construed to
778 (a) the termination of employment of an individual who, with or without reasonable
779 accommodation, is physically, mentally, or emotionally unable to perform the duties required
780 by that individual's employment;
781 (b) the variance of insurance premiums or coverage on account of age; or
782 (c) a restriction on the activities of individuals licensed by the liquor authority with
783 respect to persons under 21 years of age.
784 (3) (a) It is not a discriminatory or prohibited employment practice:
785 (i) for an employer to hire and employ employees, for an employment agency to
786 classify or refer for employment any individual, for a labor organization to classify its
787 membership or to classify or refer for employment any individual or for an employer, labor
788 organization, or joint labor-management committee controlling apprenticeship or other training
789 or retraining programs to admit or employ any individual in any such program, on the basis of
790 religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin, or
791 disability in those certain instances where religion, sex, pregnancy, childbirth, or
792 pregnancy-related conditions, age, if the individual is 40 years of age or older, national origin,
793 or disability is a bona fide occupational qualification reasonably necessary to the normal
794 operation of that particular business or enterprise;
795 (ii) for a school, college, university, or other educational institution to hire and employ
796 employees of a particular religion if:
797 (A) the school, college, university, or other educational institution is, in whole or in
798 substantial part, owned, supported, controlled, or managed by a particular religious corporation,
799 association, or society; or
800 (B) the curriculum of the school, college, university, or other educational institution is
801 directed toward the propagation of a particular religion;
802 (iii) for an employer to give preference in employment to:
803 (A) the employer's:
804 (I) spouse;
805 (II) child; or
806 (III) son-in-law or daughter-in-law;
807 (B) any person for whom the employer is or would be liable to furnish financial
808 support if those persons were unemployed;
809 (C) any person to whom the employer during the preceding six months has furnished
810 more than one-half of total financial support regardless of whether or not the employer was or
811 is legally obligated to furnish support; or
812 (D) any person whose education or training was substantially financed by the employer
813 for a period of two years or more.
814 (b) Nothing in this chapter applies to any business or enterprise on or near an Indian
815 reservation with respect to any publicly announced employment practice of the business or
816 enterprise under which preferential treatment is given to any individual because that individual
817 is a native American Indian living on or near an Indian reservation.
818 (c) Nothing in this chapter shall be interpreted to require any employer, employment
819 agency, labor organization, vocational school, joint labor-management committee, or
820 apprenticeship program subject to this chapter to grant preferential treatment to any individual
821 or to any group because of the race, color, religion, sex, age, national origin, or disability of the
822 individual or group on account of an imbalance which may exist with respect to the total
823 number or percentage of persons of any race, color, religion, sex, age, national origin, or
824 disability employed by any employer, referred or classified for employment by an employment
825 agency or labor organization, admitted to membership or classified by any labor organization,
826 or admitted to or employed in, any apprenticeship or other training program, in comparison
827 with the total number or percentage of persons of that race, color, religion, sex, age, national
828 origin, or disability in any community or county or in the available work force in any
829 community or county.
830 (4) It is not a discriminatory or prohibited practice with respect to age to observe the
831 terms of a bona fide seniority system or any bona fide employment benefit plan such as a
832 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this
833 chapter, except that no such employee benefit plan shall excuse the failure to hire an individual.
834 (5) Notwithstanding Subsection (4), or any other statutory provision to the contrary, a
835 person may not be subject to involuntary termination or retirement from employment on the
836 basis of age alone, if the individual is 40 years of age or older, except:
837 (a) under Subsection (6); and
838 (b) when age is a bona fide occupational qualification.
839 (6) Nothing in this section prohibits compulsory retirement of an employee who has
840 attained at least 65 years of age, and who, for the two-year period immediately before
841 retirement, is employed in a bona fide executive or a high policymaking position, if:
842 (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit
843 from the employee's employer's pension, profit-sharing, savings, or deferred compensation
844 plan, or any combination of those plans; and
845 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.
846 Section 15. Section 35A-8-414 is amended to read:
847 35A-8-414. Property and funds of authority declared public property --
848 Exemption from taxes -- Alternative agreement with public body.
849 (1) The property and funds of an authority are declared to be public property used for
850 essential public, governmental, and charitable purposes.
851 (2) (a) Subject to Subsections (2)(b) and (c), the property and authority are exempt
852 from all taxes and special assessments of a public body.
853 (b) This tax exemption does not apply to any portion of a project used for a
854 profit-making enterprise.
855 (c) In taxing these portions appropriate allowance shall be made for any expenditure by
856 an authority for utilities or other public services it provides to serve the property.
857 (3) In lieu of taxes on its exempt property an authority may agree to make payments to
858 a public body if the authority finds that making the payments is consistent with the
859 maintenance of the low-rent character of housing projects and the achievement of the purposes
860 of this part.
861 Section 16. Section 38-1a-201 is amended to read:
862 38-1a-201. Establishment of State Construction Registry -- Filing index.
863 (1) Subject to receiving adequate funding through a legislative appropriation and
864 contracting with an approved third party vendor as provided in Section 38-1a-202 , the division
865 shall establish and maintain the State Construction Registry to:
866 (a) (i) assist in protecting public health, safety, and welfare; and
867 (ii) promote a fair working environment;
868 (b) be overseen by the division with the assistance of the designated agent;
869 (c) provide a central repository for all required notices;
870 (d) make accessible, by way of an Internet website:
871 (i) the filing and review of required notices; and
872 (ii) the transmitting of building permit information under Subsection 38-1a-205 (1) and
873 the reviewing of that information;
874 (e) accommodate:
875 (i) electronic filing of required notices and electronic transmitting of building permit
876 information described in Subsection (1)(d)(ii); and
877 (ii) the filing of required notices by alternate means, including United States mail,
878 telefax, or any other method as the division provides by rule;
879 (f) (i) provide electronic notification for up to three email addresses for each interested
880 person who requests to receive notification under Section 38-1a-204 from the designated agent;
882 (ii) provide alternate means of providing notification to a person who makes a filing by
883 alternate means, including United States mail, telefax, or any other method as the division
884 prescribes by rule; and
885 (g) provide hard-copy printing of electronic receipts for an individual filing evidencing
886 the date and time of the individual filing and the content of the individual filing.
887 (2) The designated agent shall index filings in the registry by:
888 (a) the name of the owner;
889 (b) the name of the original contractor;
890 (c) subdivision, development, or other project name, if any;
891 (d) lot or parcel number;
892 (e) the address of the project property;
893 (f) entry number;
894 (g) the name of the county in which the project property is located;
895 (h) for [
896 (i) the tax parcel identification number of each parcel included in the project property;
898 (ii) the building permit number;
899 (i) for government projects, the government project-identifying information; and
900 (j) any other identifier that the division considers reasonably appropriate in
901 collaboration with the designated agent.
902 Section 17. Section 51-7-15 is amended to read:
903 51-7-15. Bonds of state treasurer and other public treasurers -- Reports to
905 (1) (a) The state treasurer, county, city, and town treasurers, the clerk or treasurer of
906 each school district, and any other public treasurers that the council designates by rule shall be
907 bonded in an amount of not less than that established by the council.
908 (b) The council shall base the minimum bond amount on the amount of public funds
909 normally in the treasurer's possession or control.
910 (2) (a) When a public treasurer deposits or invests public funds as authorized by this
911 chapter, he and his bondsmen are not liable for any loss of public funds invested or deposited
912 unless the loss is caused by the malfeasance of the treasurer or of any member of his staff.
913 (b) A public treasurer and his bondsmen are liable for any loss for any reason from
914 deposits or investments not made in conformity with this chapter and the rules of the council.
915 (3) (a) Each public treasurer shall file a written report with the council on or before
916 January 31 and July 31 of each year.
917 (b) The report shall contain:
918 (i) the information about the deposits and investments of that treasurer during the
919 preceding six months ending December 31 and June 30, respectively, that the council requires
920 by rule; and
921 (ii) information detailing the nature and extent of interest rate contracts permitted by
922 Subsection 51-7-17 [
923 (c) The public treasurer shall make copies of the report available to the public at his
924 offices during normal business hours.
925 Section 18. Section 51-7-18.2 is amended to read:
926 51-7-18.2. Public treasurer's reports -- Contents.
927 (1) The council may:
928 (a) require any public treasurer to prepare and file with it a written report in a form
929 prescribed by the council containing the information required by this section; and
930 (b) specify that the report will contain the information required by this section for any
932 (2) The council shall require the report to include information:
933 (a) specifying the amount of public funds in the public treasurer's possession or
935 (b) detailing the nature and extent of the deposit and investment of those funds;
936 (c) detailing the rate of return on each deposit or investment; and
937 (d) detailing the nature and extent of interest rate contracts authorized by Subsection
938 51-7-17 [
939 (3) The public treasurer shall file the report with the council within 10 days after he
940 receives the council's request.
941 (4) Each public treasurer shall make copies of any reports required by this section
942 available for inspection by the public at his office during normal business hours.
943 Section 19. Section 53-3-207 is amended to read:
944 53-3-207. License certificates or driving privilege cards issued to drivers by class
945 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
946 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
947 (1) As used in this section:
948 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
950 (b) "governmental entity" means the state and its political subdivisions as defined in
951 this Subsection (1);
952 (c) "political subdivision" means any county, city, town, school district, public transit
953 district, community development and renewal agency, special improvement or taxing district,
954 local district, special service district, an entity created by an interlocal agreement adopted under
955 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
956 corporation; and
957 (d) "state" means this state, and includes any office, department, agency, authority,
958 commission, board, institution, hospital, college, university, children's justice center, or other
959 instrumentality of the state.
960 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
961 regular license certificate, a limited-term license certificate, or a driving privilege card
962 indicating the type or class of motor vehicle the person may drive.
963 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
965 (3) (a) Every regular license certificate, limited-term license certificate, or driving
966 privilege card shall bear:
967 (i) the distinguishing number assigned to the person by the division;
968 (ii) the name, birth date, and Utah residence address of the person;
969 (iii) a brief description of the person for the purpose of identification;
970 (iv) any restrictions imposed on the license under Section 53-3-208 ;
971 (v) a photograph of the person;
972 (vi) a photograph or other facsimile of the person's signature;
973 (vii) an indication whether the person intends to make an anatomical gift under Title
974 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
975 under Subsection 53-3-214 (3); and
976 (viii) except as provided in Subsection (3)(b), if the person states that the person is a
977 veteran of the United States military on the application for a driver license in accordance with
978 Section 53-3-205 and provides verification that the person was honorably discharged from the
979 United States military, an indication that the person is a United States military veteran for a
980 regular license certificate or limited-term license certificate issued on or after July 1, 2011.
981 (b) A regular license certificate or limited-term license certificate issued to any person
982 younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not
983 required to include an indication that the person is a United States military veteran under
984 Subsection (3)(a)(viii).
985 (c) A new license certificate issued by the division may not bear the person's Social
986 Security number.
987 (d) (i) The regular license certificate, limited-term license certificate, or driving
988 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
989 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
990 license certificate, limited-term license certificate, or driving privilege card shall be as
991 prescribed by the commissioner.
992 (iii) The commissioner may also prescribe the issuance of a special type of limited
993 regular license certificate, limited-term license certificate, or driving privilege card under
994 Subsection 53-3-220 (4).
995 (4) (a) (i) The division, upon determining after an examination that an applicant is
996 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
997 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
998 license certificate.
999 (ii) (A) The division shall issue a temporary regular license certificate or temporary
1000 limited-term license certificate allowing the person to drive a motor vehicle while the division
1001 is completing its investigation to determine whether the person is entitled to be granted a
1002 driving privilege.
1003 (B) A temporary regular license certificate or a temporary limited-term license
1004 certificate issued under this Subsection (4) shall be recognized and have the same rights and
1005 privileges as a regular license certificate or a limited-term license certificate.
1006 (b) The temporary regular license certificate or temporary limited-term license
1007 certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
1008 invalid when the person's regular license certificate or limited-term license certificate has been
1009 issued or when, for good cause, the privilege has been refused.
1010 (c) The division shall indicate on the temporary regular license certificate or temporary
1011 limited-term license certificate a date after which it is not valid as a temporary license.
1012 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
1013 temporary driving privilege card or other temporary permit to an applicant for a driving
1014 privilege card.
1015 (ii) The division may issue a learner permit issued in accordance with Section
1016 53-3-210.5 to an applicant for a driving privilege card.
1017 (5) (a) The division shall distinguish learner permits, temporary permits, regular
1018 license certificates, limited-term license certificates, and driving privilege cards issued to any
1019 person younger than 21 years of age by use of plainly printed information or the use of a color
1020 or other means not used for other regular license certificates, limited-term license certificates,
1021 or driving privilege cards.
1022 (b) The division shall distinguish a regular license certificate, limited-term license
1023 certificate, or driving privilege card issued to any person:
1024 (i) younger than 21 years of age by use of a portrait-style format not used for other
1025 regular license certificates, limited-term license certificates, or driving privilege cards and by
1026 plainly printing the date the regular license certificate, limited-term license certificate, or
1027 driving privilege card holder is 21 years of age, which is the legal age for purchasing an
1028 alcoholic beverage or alcoholic product under Section [
1029 (ii) younger than 19 years of age, by plainly printing the date the regular license
1030 certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
1031 which is the legal age for purchasing tobacco products under Section 76-10-104 .
1032 (6) The division shall distinguish a limited-term license certificate by clearly indicating
1033 on the document:
1034 (a) that it is temporary; and
1035 (b) its expiration date.
1036 (7) (a) The division shall only issue a driving privilege card to a person whose privilege
1037 was obtained without providing evidence of lawful presence in the United States as required
1038 under Subsection 53-3-205 (8).
1039 (b) The division shall distinguish a driving privilege card from a license certificate by:
1040 (i) use of a format, color, font, or other means; and
1041 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
1042 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
1043 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
1044 permit, temporary regular license certificate, temporary limited-term license certificate, or any
1045 other temporary permit.
1046 (9) The division shall issue temporary license certificates of the same nature, except as
1047 to duration, as the license certificates that they temporarily replace, as are necessary to
1048 implement applicable provisions of this section and Section 53-3-223 .
1049 (10) (a) A governmental entity may not accept a driving privilege card as proof of
1050 personal identification.
1051 (b) A driving privilege card may not be used as a document providing proof of a
1052 person's age for any government required purpose.
1053 (11) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
1054 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
1055 fees, restrictions, and sanctions under this code apply to a:
1056 (a) driving privilege in the same way as a license or limited-term license issued under
1057 this chapter; and
1058 (b) limited-term license certificate or driving privilege card in the same way as a
1059 regular license certificate issued under this chapter.
1060 Section 20. Section 53-5a-102 is amended to read:
1061 53-5a-102. Uniform firearm laws.
1062 (1) The individual right to keep and bear arms being a constitutionally protected right
1063 under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide
1064 uniform civil and criminal firearm laws throughout the state.
1065 (2) Except as specifically provided by state law, a local authority or state entity may
1067 (a) prohibit an individual from owning, possessing, purchasing, selling, transferring,
1068 transporting, or keeping a firearm at the individual's place of residence, property, business, or
1069 in any vehicle lawfully in the individual's possession or lawfully under the individual's control;
1071 (b) require an individual to have a permit or license to purchase, own, possess,
1072 transport, or keep a firearm.
1073 (3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly
1074 applicable throughout this state and in all its political subdivisions and municipalities.
1075 (4) All authority to regulate firearms is reserved to the state except where the
1076 Legislature specifically delegates responsibility to local authorities or state entities.
1077 (5) Unless specifically authorized by the Legislature by statute, a local authority or
1078 state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy
1079 pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on
1080 either public or private property.
1081 (6) As used in this section:
1082 (a) "firearm" has the same meaning as defined in [
1084 (b) "local authority or state entity" includes public school districts, public schools, and
1085 state institutions of higher education.
1086 (7) Nothing in this section restricts or expands private property rights.
1087 Section 21. Section 53A-1a-506 is amended to read:
1088 53A-1a-506. Eligible students.
1089 (1) As used in this section:
1090 (a) "District school" means a public school under the control of a local school board
1091 elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
1093 (b) "Refugee" means a person who is eligible to receive benefits and services from the
1094 federal Office of Refugee Resettlement.
1095 (2) All resident students of the state qualify for admission to a charter school, subject
1096 to the limitations set forth in this section and Section 53A-1a-506.5 .
1097 (3) (a) A charter school shall enroll an eligible student who submits a timely
1098 application, unless the number of applications exceeds the capacity of a program, class, grade
1099 level, or the charter school.
1100 (b) If the number of applications exceeds the capacity of a program, class, grade level,
1101 or the charter school, students shall be selected on a random basis, except as provided in
1102 Subsections (4) through (6).
1103 (4) A charter school may give an enrollment preference to:
1104 (a) a student of a parent who has actively participated in the development of the charter
1106 (b) siblings of students presently enrolled in the charter school;
1107 (c) a student of a parent who is employed by the charter school;
1108 (d) students [
1109 programs that are governed by the same governing body;
1110 (e) students [
1112 State Charter School Board; or
1113 (f) students who reside within:
1114 (i) the school district in which the charter school is located;
1115 (ii) the municipality in which the charter school is located; or
1116 (iii) a two-mile radius from the charter school.
1117 (5) If a district school converts to charter status, the charter school shall give an
1118 enrollment preference to students who would have otherwise attended it as a district school.
1119 (6) (a) A charter school whose mission is to enhance learning opportunities for
1120 refugees or children of refugee families may give an enrollment preference to refugees or
1121 children of refugee families.
1122 (b) A charter school whose mission is to enhance learning opportunities for English
1123 language learners may give an enrollment preference to English language learners.
1124 (7) A charter school may not discriminate in its admission policies or practices on the
1125 same basis as other public schools may not discriminate in their admission policies and
1127 Section 22. Section 53A-3-425 is amended to read:
1128 53A-3-425. Association leave -- District policy.
1129 (1) As used in this section:
1130 (a) "Association leave" means leave from a school district employee's regular school
1131 responsibilities granted for that employee to spend time for association, employee association,
1132 or union duties.
1133 (b) "Employee association" means an association that:
1134 (i) negotiates employee salaries, benefits, contracts, or other conditions of employment;
1136 (ii) performs union duties.
1137 (2) Except as provided in Subsection (3), a local school board may not allow paid
1138 association leave for a school district employee to perform an employee association or union
1140 (3) (a) A local school board may allow paid association leave for a school district
1141 employee to perform an employee association duty if:
1142 (i) the duty performed by the employee on paid association leave will directly benefit
1143 the school district, including representing the school district's licensed educators:
1144 (A) on a board or committee, such as the school district's foundation, a curriculum
1145 development board, insurance committee, or catastrophic leave committee;
1146 (B) at a school district leadership meeting; or
1147 (C) at a workshop or meeting conducted by the school district's local school board;
1148 (ii) the duty performed by the employee on paid association leave does not include
1149 political activity, including:
1150 (A) advocating for or against a candidate for public office in a partisan or nonpartisan
1152 (B) soliciting a contribution for a political action committee, a political issues
1153 committee, a registered political party, or a candidate, as defined in Section 20A-11-101 ; or
1154 (C) initiating, drafting, soliciting signatures for, or advocating for or against a ballot
1155 proposition, as defined in Section 20A-1-102 ; and
1156 (iii) the local school board ensures compliance with the requirements of Subsections
1157 (4)(a) through (g).
1158 (b) Prior to a school district employee's participation in paid or unpaid association
1159 leave, a local school board shall adopt a written policy that governs association leave.
1160 (c) Except as provided in Subsection (3)(d), a local school board policy that governs
1161 association leave shall require reimbursement to the school district of the costs for an
1162 employee, including benefits, for the time that the employee is:
1163 (i) on unpaid association leave; or
1164 (ii) participating in a paid association leave activity that does not provide a direct
1165 benefit to the school district.
1166 (d) For a school district that allowed association leave described in Subsections
1167 (3)(c)(i) and (ii) prior to January 1, 2011, the local school board policy that governs association
1168 leave may allow up to 10 days of association leave before requiring a reimbursement described
1169 in Subsection (3)(c).
1170 (e) A reimbursement required under Subsection (3)(c), (d), or (4)(g) may be provided
1171 by an employee, association, or union.
1172 (4) If a local school board adopts a policy to allow paid association leave, the policy
1173 shall include procedures and controls to:
1174 (a) ensure that the duties performed by employees on paid association leave directly
1175 benefit the school district;
1176 (b) require the school district to document the use and approval of paid association
1178 (c) require school district supervision of employees on paid association leave;
1179 (d) require the school district to account for the costs and expenses of paid association
1181 (e) ensure that during the hours of paid association leave a school district employee
1182 may not engage in political activity, including:
1183 (i) advocating for or against a candidate for public office in a partisan or nonpartisan
1185 (ii) soliciting a contribution for a political action committee, a political issues
1186 committee, a registered political party, or a candidate, as defined in Section 20A-11-101 ; and
1187 (iii) initiating, drafting, soliciting signatures for, or advocating for or against a ballot
1188 proposition, as defined in Section 20A-1-102 ;
1189 (f) ensure that association leave is only paid out of school district funds when the paid
1190 association leave directly benefits the district; and
1191 (g) require the reimbursement to the school district of the cost of paid association leave
1192 activities that do not provide a direct benefit to education within the school district.
1193 (5) If a local school board adopts a policy to allow paid association leave, that policy
1194 shall indicate that a willful violation of this section or of a policy adopted in accordance with
1195 Subsection (3) or (4) may be used for disciplinary action under Section 53A-8a-502 .
1196 Section 23. Section 53A-25b-201 is amended to read:
1197 53A-25b-201. Authority of the State Board of Education -- Rulemaking --
1198 Superintendent -- Advisory Council.
1199 (1) The State Board of Education is the governing board of the Utah Schools for the
1200 Deaf and the Blind.
1201 (2) (a) The board shall appoint a superintendent for the Utah Schools for the Deaf and
1202 the Blind.
1203 (b) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
1204 Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties
1205 of the superintendent for the Utah Schools for the Deaf and the Blind.
1206 (3) The superintendent shall:
1207 (a) subject to the approval of the board, appoint an associate superintendent to
1208 administer the Utah School for the Deaf based on:
1209 (i) demonstrated competency as an expert educator of deaf persons; and
1210 (ii) knowledge of school management and the instruction of deaf persons;
1211 (b) subject to the approval of the board, appoint an associate superintendent to
1212 administer the Utah School for the Blind based on:
1213 (i) demonstrated competency as an expert educator of blind persons; and
1214 (ii) knowledge of school management and the instruction of blind persons, including an
1215 understanding of the unique needs and education of deafblind persons.
1216 (4) (a) The board shall:
1217 (i) establish [
1218 and appoint no more than 11 members to the advisory council;
1219 (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1220 Rulemaking Act, regarding the operation of the advisory council; and
1221 (iii) receive and consider the advice and recommendations of the advisory council but
1222 is not obligated to follow the recommendations of the advisory council.
1223 (b) The advisory council described in Subsection (4)(a) shall include at least:
1224 (i) two members who are blind;
1225 (ii) two members who are deaf; and
1226 (iii) two members who are deafblind or parents of a deafblind child.
1227 (5) The board shall approve the annual budget and expenditures of the Utah Schools
1228 for the Deaf and the Blind.
1229 (6) (a) On or before the November interim meeting each year, the board shall report to
1230 the Education Interim Committee on the Utah Schools for the Deaf and the Blind.
1231 (b) The report shall be presented verbally and in written form to the Education Interim
1232 Committee and shall include:
1233 (i) a financial report;
1234 (ii) a report on the activities of the superintendent and associate superintendents;
1235 (iii) a report on activities to involve parents and constituency and advocacy groups in
1236 the governance of the school; and
1237 (iv) a report on student achievement including:
1238 (A) student academic achievement data, including longitudinal data for both current
1239 and previous students served by the Utah Schools for the Deaf and the Blind;
1240 (B) graduation rates; and
1241 (C) students exiting the Utah Schools for the Deaf and the Blind and their educational
1242 placement after exiting the Utah Schools for the Deaf and the Blind.
1243 Section 24. Section 54-17-801 is amended to read:
1244 54-17-801. Definitions.
1245 As used in this part:
1246 (1) "Contract customer" means a person who executes or will execute a renewable
1247 energy contract with a qualified utility.
1248 (2) "Qualified utility" means an electric corporation that serves more than 200,000
1249 retail customers in the state.
1250 (3) "Renewable energy contract" means a contract under this [
1251 delivery of electricity from one or more renewable energy facilities to a contract customer
1252 requiring the use of a qualified utility's transmission or distribution system to deliver the
1253 electricity from a renewable energy facility to the contract customer.
1254 (4) "Renewable energy facility":
1255 (a) except as provided in Subsection (4)(b), has the same meaning as renewable energy
1256 source defined in Section 54-17-601 ; and
1257 (b) does not include an electric generating facility whose costs have been included in a
1258 qualified utility's rates as a facility providing electric service to the qualified utility's system.
1259 Section 25. Section 57-1-24.3 is amended to read:
1260 57-1-24.3. Notices to default trustor -- Opportunity to negotiate foreclosure relief.
1261 (1) As used in this section:
1262 (a) "Default trustor" means a trustor under a trust deed that secures a loan that the
1263 beneficiary or servicer claims is in default.
1264 (b) "Foreclosure relief" means a mortgage modification program or other foreclosure
1265 relief option offered by a beneficiary or servicer.
1266 (c) "Loan" means an obligation incurred for personal, family, or household purposes,
1267 evidenced by a promissory note or other credit agreement for which a trust deed encumbering
1268 owner-occupied residential property is given as security.
1269 (d) "Owner-occupied residential property" means real property that is occupied by its
1270 owner as the owner's primary residence.
1271 (e) "Servicer" means an entity, retained by the beneficiary:
1272 (i) for the purpose of receiving a scheduled periodic payment from a borrower pursuant
1273 to the terms of a loan; or
1274 (ii) that meets the definition of servicer under 12 U.S.C. Sec. 2605(i)(2) with respect to
1275 residential mortgage loans.
1276 (f) "Single point of contact" means a person who, as the designated representative of
1277 the beneficiary or servicer, is authorized to:
1278 (i) coordinate and ensure effective communication with a default trustor concerning:
1279 (A) foreclosure proceedings initiated by the beneficiary or servicer relating to the trust
1280 property; and
1281 (B) any foreclosure relief offered by or acceptable to the beneficiary or servicer; and
1282 (ii) direct all foreclosure proceedings initiated by the beneficiary or servicer relating to
1283 the trust property, including:
1284 (A) the filing of a notice of default under Section 57-1-24 and any cancellation of a
1285 notice of default;
1286 (B) the publication of a notice of trustee's sale under Section 57-1-25 ; and
1287 (C) the postponement of a trustee's sale under Section 57-1-27 or this section.
1288 (2) (a) Before a notice of default is filed for record under Section 57-1-24 , a beneficiary
1289 or servicer shall:
1290 (i) designate a single point of contact; and
1291 (ii) send notice by United States mail to the default trustor.
1292 (b) A notice under Subsection (2)(a)(ii) shall:
1293 (i) advise the default trustor of the intent of the beneficiary or servicer to file a notice of
1295 (ii) state:
1296 (A) the nature of the default;
1297 (B) the total amount the default trustor is required to pay in order to cure the default
1298 and avoid the filing of a notice of default, itemized by the type and amount of each component
1299 part of the total cure amount; and
1300 (C) the date by which the default trustor is required to pay the amount to cure the
1301 default and avoid the filing of a notice of default;
1302 (iii) disclose the name, telephone number, email address, and mailing address of the
1303 single point of contact designated by the beneficiary or servicer; and
1304 (iv) direct the default trustor to contact the single point of contact regarding foreclosure
1305 relief available through the beneficiary or servicer for which a default trustor may apply, if the
1306 beneficiary or servicer offers foreclosure relief.
1307 (3) Before the expiration of the three-month period described in Subsection 57-1-24 (2),
1308 a default trustor may apply directly with the single point of contact for any available
1309 foreclosure relief.
1310 (4) A default trustor shall, within the time required by the beneficiary or servicer,
1311 provide all financial and other information requested by the single point of contact to enable
1312 the beneficiary or servicer to determine whether the default trustor qualifies for the foreclosure
1313 relief for which the default trustor applies.
1314 (5) The single point of contact shall:
1315 (a) inform the default trustor about and make available to the default [
1316 available foreclosure relief;
1317 (b) undertake reasonable and good faith efforts, consistent with applicable law, to
1318 consider the default trustor for foreclosure relief for which the default trustor is eligible;
1319 (c) ensure timely and appropriate communication with the default trustor concerning
1320 foreclosure relief for which the default trustor applies; and
1321 (d) notify the default trustor by United States mail of the decision of the beneficiary or
1322 servicer regarding the foreclosure relief for which the default trustor applies.
1323 (6) Notice of a trustee's sale may not be given under Section 57-1-25 with respect to
1324 the trust property of a default trustor who has applied for foreclosure relief until after the single
1325 point of contact provides the notice required by Subsection (5)(d).
1326 (7) A beneficiary or servicer may cause a notice of a trustee's sale to be given with
1327 respect to the trust property of a default trustor who has applied for foreclosure relief if, in the
1328 exercise of the sole discretion of the beneficiary or servicer, the beneficiary or servicer:
1329 (a) determines that the default trustor does not qualify for the foreclosure relief for
1330 which the default trustor has applied; or
1331 (b) elects not to enter into a written agreement with the default trustor to implement the
1332 foreclosure relief.
1333 (8) (a) A beneficiary or servicer may postpone a trustee's sale of the trust property in
1334 order to allow further time for negotiations relating to foreclosure relief.
1335 (b) A postponement of a trustee's sale under Subsection (8)(a) does not require the
1336 trustee to file for record a new or additional notice of default under Section 57-1-24 .
1337 (9) A beneficiary or servicer shall cause the cancellation of a notice of default filed
1338 under Section 57-1-24 on the trust property of a default trustor if the beneficiary or servicer:
1339 (a) determines that the default trustor qualifies for the foreclosure relief for which the
1340 default trustor has applied; and
1341 (b) enters into a written agreement with the default trustor to implement the foreclosure
1343 (10) This section may not be construed to require a beneficiary or servicer to:
1344 (a) establish foreclosure relief; or
1345 (b) approve an application for foreclosure relief submitted by a default trustor.
1346 (11) A beneficiary and servicer shall each take reasonable measures to ensure that their
1347 respective practices in the foreclosure of owner-occupied residential property and any
1348 foreclosure relief with respect to a loan:
1349 (a) comply with all applicable federal and state fair lending statutes; and
1350 (b) ensure appropriate treatment of default trustors in the foreclosure process.
1351 (12) This section does not apply if the beneficiary under a trust deed securing a loan is
1352 an individual.
1353 (13) A beneficiary or servicer is considered to have complied with the requirements of
1354 this section if the beneficiary or servicer designates and uses a single point of contact in
1355 compliance with federal law, rules, regulations, guidance, or guidelines governing the
1356 beneficiary or servicer and issued by, as applicable, the Board of Governors of the Federal
1357 Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of
1358 the Currency, the National Credit Union Administration, or the Consumer Financial Protection
1360 (14) The failure of a beneficiary or servicer to comply with a requirement of this
1361 section does not affect the validity of a trustee's sale of the trust property to a bona fide
1363 Section 26. Section 57-14-2 is amended to read:
1364 57-14-2. Definitions.
1365 As used in this chapter:
1367 enter or go upon the land.
1369 (b) "Land" includes roads, railway corridors, water, water courses, private ways and
1370 buildings, structures, and machinery or equipment when attached to the realty.
1372 private land, a tenant, a lessor, a lessee, and an occupant or person in control of the premises.
1374 enters upon or uses land for recreational purposes.
1376 any combination thereof:
1377 (a) hunting;
1378 (b) fishing;
1379 (c) swimming;
1380 (d) skiing;
1381 (e) snowshoeing;
1382 (f) camping;
1383 (g) picnicking;
1384 (h) hiking;
1385 (i) studying nature;
1386 (j) waterskiing;
1387 (k) engaging in water sports;
1388 (l) engaging in equestrian activities;
1389 (m) using boats;
1390 (n) mountain biking;
1391 (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
1393 (p) using off-highway vehicles or recreational vehicles;
1394 (q) viewing or enjoying historical, archaeological, scenic, or scientific sites; and
1395 (r) aircraft operations.
1396 Section 27. Section 58-3a-502 is amended to read:
1397 58-3a-502. Penalty for unlawful conduct.
1398 (1) (a) If upon inspection or investigation, the division concludes that a person has
1399 violated Subsections 58-1-501 (1)(a) through (d) or Section 58-3a-501 or any rule or order
1400 issued with respect to Section 58-3a-501 , and that disciplinary action is appropriate, the
1401 director or the director's designee from within the division for each alternative respectively,
1402 shall promptly issue a citation to the person according to this chapter and any pertinent rules,
1403 attempt to negotiate a stipulated settlement, or notify the person to appear before an
1404 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1405 (i) A person who violates Subsections 58-1-501 (1)(a) through (d) or Section 58-3a-501
1406 or any rule or order issued with respect to Section 58-3a-501 , as evidenced by an uncontested
1407 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
1408 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
1409 ordered to cease and desist from violating Subsections 58-1-501 (1)(a) through (d) or Section
1410 58-3a-501 or any rule or order issued with respect to this section.
1411 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
1412 58-3a-401 may not be assessed through a citation.
1413 (b) A citation shall:
1414 (i) be in writing;
1415 (ii) describe with particularity the nature of the violation, including a reference to the
1416 provision of the chapter, rule, or order alleged to have been violated;
1417 (iii) clearly state that the recipient must notify the division in writing within 20
1418 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
1419 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
1420 (iv) clearly explain the consequences of failure to timely contest the citation or to make
1421 payment of any fines assessed by the citation within the time specified in the citation.
1422 (c) The division may issue a notice in lieu of a citation.
1423 (d) Each citation issued under this section, or a copy of each citation, may be served
1424 upon [
1425 of Civil Procedure and may be made personally or upon the person's agent by a division
1426 investigator or by any person specially designated by the director or by mail.
1427 (e) If within 20 calendar days from the service of the citation, the person to whom the
1428 citation was issued fails to request a hearing to contest the citation, the citation becomes the
1429 final order of the division and is not subject to further agency review. The period to contest a
1430 citation may be extended by the division for cause.
1431 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
1432 the license of a licensee who fails to comply with a citation after it becomes final.
1433 (g) The failure of an applicant for licensure to comply with a citation after it becomes
1434 final is a ground for denial of license.
1435 (h) No citation may be issued under this section after the expiration of six months
1436 following the occurrence of any violation.
1437 (i) The director or the director's designee shall assess fines according to the following:
1438 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
1439 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
1441 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
1442 $2,000 for each day of continued offense.
1443 (2) An action initiated for a first or second offense which has not yet resulted in a final
1444 order of the division shall not preclude initiation of any subsequent action for a second or
1445 subsequent offense during the pendency of any preceding action. The final order on a
1446 subsequent action shall be considered a second or subsequent offense, respectively, provided
1447 the preceding action resulted in a first or second offense, respectively.
1448 (3) Any penalty which is not paid may be collected by the director by either referring
1449 the matter to a collection agency or bringing an action in the district court of the county in
1450 which the person against whom the penalty is imposed resides or in the county where the office
1451 of the director is located. Any county attorney or the attorney general of the state shall provide
1452 legal assistance and advice to the director in any action to collect the penalty. In any action
1453 brought to enforce the provisions of this section, reasonable attorney's fees and costs shall be
1454 awarded to the division.
1455 Section 28. Section 58-9-102 is amended to read:
1456 58-9-102. Definitions.
1457 In addition to the definitions in Section 58-1-102 , as used in this chapter:
1458 (1) "Authorizing agent" means a person legally entitled to authorize the cremation of
1459 human remains.
1460 (2) "Beneficiary" means the individual who, at the time of the [
1461 individual's death, is to receive the benefit of the property and services purchased under a
1462 preneed funeral arrangement.
1463 (3) "Board" means the Board of Funeral Service created in Section 58-9-201 .
1464 (4) "Body part" means:
1465 (a) a limb or other portion of the anatomy that is removed from a person or human
1466 remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research;
1468 (b) a human body or any portion of a body that has been donated to science for medical
1469 research purposes.
1470 (5) "Buyer" means a person who purchases a preneed funeral arrangement.
1471 (6) "Calcination" means a process in which a dead human body is reduced by intense
1472 heat to a residue that is not as substantive as the residue that follows cremation.
1473 (7) "Cremated remains" means all the remains of a cremated body recovered after the
1474 completion of the cremation process, including pulverization which leaves only bone fragments
1475 reduced to unidentifiable dimensions and may possibly include the residue of foreign matter
1476 including casket material, bridgework, or eyeglasses that were cremated with the human
1478 (8) "Cremation" means the technical process, using direct flame and heat, that reduces
1479 human remains to bone fragments through heat and evaporation and includes the processing
1480 and usually the pulverization of the bone fragments.
1481 (9) "Cremation chamber" means the enclosed space within which the cremation
1482 process takes place and which is used exclusively for the cremation of human remains.
1483 (10) "Cremation container" means the container:
1484 (a) in which the human remains are transported to the crematory and placed in the
1485 cremation chamber for cremation; and
1486 (b) that meets substantially all of the following standards:
1487 (i) composed of readily combustible materials suitable for cremation;
1488 (ii) able to be closed in order to provide a complete covering for the human remains;
1489 (iii) resistant to leakage or spillage;
1490 (iv) rigid enough for handling with ease; and
1491 (v) able to provide protection for the health, safety, and personal integrity of crematory
1493 (11) "Crematory" means the building or portion of a building that houses the cremation
1494 chamber and the holding facility.
1495 (12) "Direct disposition" means the disposition of a dead human body:
1496 (a) as quickly as law allows;
1497 (b) without preparation of the body by embalming; and
1498 (c) without an attendant funeral service or graveside service.
1499 (13) "Disposition" means the final disposal of a dead human body by:
1500 (a) earth interment;
1501 (b) above ground burial;
1502 (c) cremation;
1503 (d) calcination;
1504 (e) burial at sea;
1505 (f) delivery to a medical institution; or
1506 (g) other lawful means.
1507 (14) "Embalming" means replacing body fluids in a dead human body with preserving
1508 and disinfecting chemicals.
1509 (15) (a) "Funeral merchandise" means any of the following into which a dead human
1510 body is placed in connection with the transportation or disposition of the body:
1511 (i) a vault;
1512 (ii) a casket; or
1513 (iii) other personal property.
1514 (b) "Funeral merchandise" does not include:
1515 (i) a mausoleum crypt;
1516 (ii) an interment receptacle preset in a cemetery; or
1517 (iii) a columbarium niche.
1518 (16) "Funeral service" means a service, rite, or ceremony performed:
1519 (a) with respect to the death of a human; and
1520 (b) with the body of the deceased present.
1521 (17) "Funeral service director" means an individual licensed under this chapter who
1522 may engage in all lawful professional activities regulated and defined under the practice of
1523 funeral service.
1524 (18) (a) "Funeral service establishment" means a place of business at a specific street
1525 address or location licensed under this chapter that is devoted to:
1526 (i) the embalming, care, custody, shelter, preparation for burial, and final disposition of
1527 dead human bodies; and
1528 (ii) the furnishing of services, merchandise, and products purchased from the
1529 establishment as a preneed provider under a preneed funeral arrangement.
1530 (b) "Funeral service establishment" includes:
1531 (i) all portions of the business premises and all tools, instruments, and supplies used in
1532 the preparation and embalming of dead human bodies for burial, cremation, and final
1533 disposition as defined by division rule; and
1534 (ii) a facility used by the business in which funeral services may be conducted.
1535 (19) "Funeral service intern" means an individual licensed under this chapter who is
1536 permitted to:
1537 (a) assist a funeral service director in the embalming or other preparation of a dead
1538 human body for disposition;
1539 (b) assist a funeral service director in the cremation, calcination, or pulverization of a
1540 dead human body or its remains; and
1541 (c) perform other funeral service activities under the supervision of a funeral service
1543 (20) "Graveside service" means a funeral service held at the location of disposition.
1544 (21) "Memorial service" means a service, rite, or ceremony performed:
1545 (a) with respect to the death of a human; and
1546 (b) without the body of the deceased present.
1547 (22) "Practice of funeral service" means:
1548 (a) supervising the receipt of custody and transportation of a dead human body to
1549 prepare the body for:
1550 (i) disposition; or
1551 (ii) shipment to another location;
1552 (b) entering into a contract with a person to provide professional services regulated
1553 under this chapter;
1554 (c) embalming or otherwise preparing a dead human body for disposition;
1555 (d) supervising the arrangement or conduct of:
1556 (i) a funeral service;
1557 (ii) a graveside service; or
1558 (iii) a memorial service;
1559 (e) cremation, calcination, or pulverization of a dead human body or the body's
1561 (f) supervising the arrangement of:
1562 (i) a disposition; or
1563 (ii) a direct disposition;
1564 (g) facilitating:
1565 (i) a disposition; or
1566 (ii) a direct disposition;
1567 (h) supervising the sale of funeral merchandise by a funeral establishment;
1568 (i) managing or otherwise being responsible for the practice of funeral service in a
1569 licensed funeral service establishment;
1570 (j) supervising the sale of a preneed funeral arrangement; and
1571 (k) contracting with or employing individuals to sell a preneed funeral arrangement.
1572 (23) (a) "Preneed funeral arrangement" means a written or oral agreement sold in
1573 advance of the death of the beneficiary under which a person agrees with a buyer to provide at
1574 the death of the beneficiary any of the following as are typically provided in connection with a
1576 (i) goods;
1577 (ii) services, including:
1578 (A) embalming services; and
1579 (B) funeral directing services;
1580 (iii) real property; or
1581 (iv) personal property, including:
1582 (A) a casket;
1583 (B) another primary container;
1584 (C) a cremation or transportation container;
1585 (D) an outer burial container;
1586 (E) a vault;
1587 (F) a grave liner;
1588 (G) funeral clothing and accessories;
1589 (H) a monument;
1590 (I) a grave marker; and
1591 (J) a cremation urn.
1592 (b) "Preneed funeral arrangement" does not include a policy or product of life
1593 insurance providing a death benefit cash payment upon the death of the beneficiary which is
1594 not limited to providing the products or services described in Subsection (23)(a).
1595 (24) "Processing" means the reduction of identifiable bone fragments after the
1596 completion of the cremation process to unidentifiable bone fragments by manual means.
1597 (25) "Pulverization" means the reduction of identifiable bone fragments after the
1598 completion of the cremation and processing to granulated particles by manual or mechanical
1600 (26) "Sales agent" means an individual licensed under this chapter as a preneed funeral
1601 arrangement sales agent.
1602 (27) "Temporary container" means a receptacle for cremated remains usually made of
1603 cardboard, plastic, or similar material designed to hold the cremated remains until an urn or
1604 other permanent container is acquired.
1605 (28) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-9-501 .
1606 (29) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-9-502 .
1607 (30) "Urn" means a receptacle designed to permanently encase the cremated remains.
1608 Section 29. Section 58-13-5 is amended to read:
1609 58-13-5. Information relating to adequacy and quality of medical care --
1610 Immunity from liability.
1611 (1) As used in this section, "health care provider" has the same meaning as defined in
1612 Section 78B-3-403 .
1613 (2) (a) The division, and the boards within the division that act regarding the health
1614 care providers defined in this section, shall adopt rules to establish procedures to obtain
1615 information concerning the quality and adequacy of health care rendered to patients by those
1616 health care providers.
1617 (b) It is the duty of an individual licensed under Title 58, Occupations and Professions,
1618 as a health care provider to furnish information known to him with respect to health care
1619 rendered to patients by any health care provider licensed under Title 58, Occupations and
1620 Professions, as the division or a board may request during the course of the performance of its
1622 (3) A health care facility as defined in Section 26-21-2 which employs, grants
1623 privileges to, or otherwise permits a licensed health care provider to engage in licensed practice
1624 within the health care facility, and any professional society of licensed health care providers,
1625 shall report any of the following events in writing to the division within 60 days after the event
1626 occurs regarding the licensed health care provider:
1627 (a) terminating employment of an employee for cause related to the employee's practice
1628 as a licensed health care provider;
1629 (b) terminating or restricting privileges for cause to engage in any act or practice
1630 related to practice as a licensed health care provider;
1631 (c) terminating, suspending, or restricting membership or privileges associated with
1632 membership in a professional association for acts of unprofessional, unlawful, incompetent, or
1633 negligent conduct related to practice as a licensed health care provider;
1634 (d) subjecting a licensed health care provider to disciplinary action for a period of more
1635 than 30 days;
1636 (e) a finding that a licensed health care provider has violated professional standards or
1638 (f) a finding of incompetence in practice as a licensed health care provider;
1639 (g) a finding of acts of moral turpitude by a licensed health care provider; or
1640 (h) a finding that a licensed health care provider is engaged in abuse of alcohol or
1642 (4) This section does not prohibit any action by a health care facility, or professional
1643 society comprised primarily of licensed health care providers to suspend, restrict, or revoke the
1644 employment, privileges, or membership of a health care provider.
1645 (5) The data and information obtained in accordance with this section is classified as a
1646 "protected" record under Title 63G, Chapter 2, Government Records Access and Management
1648 (6) (a) Any person or organization furnishing information in accordance with this
1649 section in response to the request of the division or a board, or voluntarily, is immune from
1650 liability with respect to information provided in good faith and without malice, which good
1651 faith and lack of malice is presumed to exist absent clear and convincing evidence to the
1653 (b) The members of the board are immune from liability for any decisions made or
1654 actions taken in response to information acquired by the board if those decisions or actions are
1655 made in good faith and without malice, which good faith and lack of malice is presumed to
1656 exist absent clear and convincing evidence to the contrary.
1657 (7) An individual who is a member of a hospital administration, board, committee,
1658 department, medical staff, or professional organization of health care providers [
1659 hospital, other health care entity, or professional organization conducting or sponsoring the
1660 review, is immune from liability arising from participation in a review of a health care
1661 provider's professional ethics, medical competence, moral turpitude, or substance abuse.
1662 (8) This section does not exempt a person licensed under Title 58, Occupations and
1663 Professions, from complying with any reporting requirements established under state or federal
1665 Section 30. Section 58-17b-103 is amended to read:
1666 58-17b-103. Administrative inspections.
1667 (1) The division may for the purpose of ascertaining compliance with the provisions of
1668 this chapter, require a self-audit or enter and inspect the business premises of a person:
1669 (a) licensed under Part 3, Licensing; or
1670 (b) who is engaged in activities that require a license under Part 3, Licensing.
1671 (2) Before conducting an inspection under Subsection (1), the division shall, after
1672 identifying the person in charge:
1673 (a) give proper identification;
1674 (b) request to see the applicable license or licenses;
1675 (c) describe the nature and purpose of the inspection; and
1676 (d) provide, upon request, the authority of the division to conduct the inspection and
1677 the penalty for refusing to permit the inspection as provided in Section 58-17b-504 .
1678 (3) In conducting an inspection under Subsection (1), the division may, after meeting
1679 the requirements of Subsection (2):
1680 (a) examine any record, prescription, order, drug, device, equipment, machine,
1681 electronic device or media, or area related to activities for which a license has been issued or is
1682 required by Part 3, Licensing, for the purpose of ascertaining compliance with the applicable
1683 provisions of this chapter;
1684 (b) take a drug or device for further analysis if considered necessary;
1685 (c) temporarily seize a drug or device which is suspected to be adulterated, misbranded,
1686 outdated, or otherwise in violation of this chapter, pending an adjudicative proceeding on the
1688 (d) box and seal drugs suspected to be adulterated, outdated, misbranded, or otherwise
1689 in violation of this chapter; and
1690 (e) dispose of or return any drug or device obtained under this Subsection (3) in
1691 accordance with procedures established by division rule.
1692 (4) An inspection conducted under Subsection (1) shall be during regular business
1694 (5) If, upon inspection, the division concludes that a person has violated the provisions
1695 of this chapter or Chapter 37, Utah Control Substances Act, or any rule or order issued with
1696 respect to those chapters, and that disciplinary action is appropriate, the director or the
1697 director's designee shall promptly issue a fine or citation to the licensee in accordance with
1698 Section 58-17b-504 .
1699 Section 31. Section 58-17b-309 is amended to read:
1700 58-17b-309. Exemptions from licensure.
1701 (1) For purposes of this section:
1702 (a) "Cosmetic drug":
1703 (i) means a prescription drug that is:
1704 (A) for the purpose of promoting attractiveness or altering the appearance of an
1705 individual; and
1706 (B) listed as a cosmetic drug subject to the exemption under this section by the division
1707 by administrative rule or has been expressly approved for online dispensing, whether or not it is
1708 dispensed online or through a physician's office; and
1709 (ii) does not include a prescription drug that is:
1710 (A) a controlled substance;
1711 (B) compounded by the physician; or
1712 (C) prescribed or used for the patient for the purpose of diagnosing, curing, or
1713 preventing a disease.
1714 (b) "Injectable weight loss drug":
1715 (i) means an injectable prescription drug:
1716 (A) prescribed to promote weight loss; and
1717 (B) listed as an injectable prescription drug subject to exemption under this section by
1718 the division by administrative rule; and
1719 (ii) does not include a prescription drug that is a controlled substance.
1720 (c) "Prescribing practitioner" means an individual licensed under:
1721 (i) Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse with
1722 prescriptive practice;
1723 (ii) Chapter 67, Utah Medical Practice Act;
1724 (iii) Chapter 68, Utah Osteopathic Medical Practice Act; or
1725 (iv) Chapter 70a, Physician Assistant Act.
1726 (2) In addition to the exemptions from licensure in Sections 58-1-307 and
1727 58-17b-309.5 , the following individuals may engage in the acts or practices described in this
1728 section without being licensed under this chapter:
1729 (a) if the individual is described in Subsections (2)(b), (d), [
1730 notifies the division in writing of the individual's intent to dispense a drug under this
1732 (b) a person selling or providing contact lenses in accordance with Section 58-16a-801 ;
1733 (c) an individual engaging in the practice of pharmacy technician under the direct
1734 personal supervision of a pharmacist while making satisfactory progress in an approved
1735 program as defined in division rule;
1736 (d) a prescribing practitioner who prescribes and dispenses a cosmetic drug or an
1737 injectable weight loss drug to the prescribing practitioner's patient in accordance with
1738 Subsection (4); or
1739 (e) an optometrist, as defined in Section 58-16a-102 , acting within the optometrist's
1740 scope of practice as defined in Section 58-16a-601 , who prescribes and dispenses a cosmetic
1741 drug to the optometrist's patient in accordance with Subsection (4).
1742 (3) In accordance with Subsection 58-1-303 (1)(a), an individual exempt under
1743 Subsection (2)(c) must take all examinations as required by division rule following completion
1744 of an approved curriculum of education, within the required time frame. This exemption
1745 expires immediately upon notification of a failing score of an examination, and the individual
1746 may not continue working as a pharmacy technician even under direct supervision.
1747 (4) A prescribing practitioner or optometrist is exempt from licensing under the
1748 provisions of this part if the prescribing practitioner or optometrist:
1749 (a) (i) writes a prescription for a drug the prescribing practitioner or optometrist has the
1750 authority to dispense under Subsection (4)(b); and
1751 (ii) informs the patient:
1752 (A) that the prescription may be filled at a pharmacy or dispensed in the prescribing
1753 practitioner's or optometrist's office;
1754 (B) of the directions for appropriate use of the drug;
1755 (C) of potential side-effects to the use of the drug; and
1756 (D) how to contact the prescribing practitioner or optometrist if the patient has
1757 questions or concerns regarding the drug;
1758 (b) dispenses a cosmetic drug or injectable weight loss drug only to the prescribing
1759 practitioner's patients or for an optometrist, dispenses a cosmetic drug only to the optometrist's
1761 (c) follows labeling, record keeping, patient counseling, storage, purchasing and
1762 distribution, operating, treatment, and quality of care requirements established by
1763 administrative rule adopted by the division in consultation with the boards listed in Subsection
1764 (5)(a); and
1765 (d) follows USP-NF 797 standards for sterile compounding if the drug dispensed to
1766 patients is reconstituted or compounded.
1767 (5) (a) The division, in consultation with the board under this chapter and the relevant
1768 professional board, including the Physician Licensing Board, the Osteopathic Physician
1769 Licensing Board, the Physician Assistant Licensing Board, the Board of Nursing, the
1770 Optometrist Licensing Board, or the Online Prescribing, Dispensing, and Facilitation Board,
1771 shall adopt administrative rules pursuant to Title 63G, Chapter 3, Utah Administrative
1772 Rulemaking Act to designate:
1773 (i) the prescription drugs that may be dispensed as a cosmetic drug or weight loss drug
1774 under this section; and
1775 (ii) the requirements under Subsection (4)(c).
1776 (b) When making a determination under Subsection (1)(a), the division and boards
1777 listed in Subsection (5)(a)[
1778 indications or approval associated with a drug when adopting a rule to designate a prescription
1779 drug that may be dispensed under this section.
1780 (c) The division may inspect the office of a prescribing practitioner or optometrist who
1781 is dispensing under the provisions of this section, in order to determine whether the prescribing
1782 practitioner or optometrist is in compliance with the provisions of this section. If a prescribing
1783 practitioner or optometrist chooses to dispense under the provisions of this section, the
1784 prescribing practitioner or optometrist consents to the jurisdiction of the division to inspect the
1785 prescribing practitioner's or optometrist's office and determine if the provisions of this section
1786 are being met by the prescribing practitioner [
1787 (d) If a prescribing practitioner or optometrist violates a provision of this section, the
1788 prescribing practitioner or optometrist may be subject to discipline under:
1789 (i) this chapter; and
1790 (ii) (A) Chapter 16a, Utah Optometry Practice Act;
1791 (B) Chapter 31b, Nurse Practice Act;
1792 (C) Chapter 67, Utah Medical Practice Act;
1793 (D) Chapter 68, Utah Osteopathic Medical Practice Act;
1794 (E) Chapter 70a, Physician Assistant Act; or
1795 (F) Chapter 83, Online Prescribing, Dispensing, and Facilitation Act.
1796 (6) Except as provided in Subsection (2)(e), this section does not restrict or limit the
1797 scope of practice of an optometrist or optometric physician licensed under Chapter 16a, Utah
1798 Optometry Practice Act.
1799 Section 32. Section 58-22-102 is amended to read:
1800 58-22-102. Definitions.
1801 In addition to the definitions in Section 58-1-102 , as used in this chapter:
1802 (1) "Board" means the Professional Engineers and Professional Land Surveyors
1803 Licensing Board created in Section 58-22-201 .
1804 (2) "Building" means a structure which has human occupancy or habitation as its
1805 principal purpose, and includes the structural, mechanical, and electrical systems, utility
1806 services, and other facilities required for the building, and is otherwise governed by the State
1807 Construction Code or an approved code under Title 15A, State Construction and Fire Codes
1809 (3) "Complete construction plans" means a final set of plans, specifications, and reports
1810 for a building or structure that normally includes:
1811 (a) floor plans;
1812 (b) elevations;
1813 (c) site plans;
1814 (d) foundation, structural, and framing detail;
1815 (e) electrical, mechanical, and plumbing design;
1816 (f) information required by the energy code;
1817 (g) specifications and related calculations as appropriate; and
1818 (h) all other documents required to obtain a building permit.
1819 (4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation
1820 Board for Engineering and Technology.
1821 (5) "Fund" means the Professional Engineer, Professional Structural Engineer, and
1822 Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103 .
1823 (6) "NCEES" means the National Council of Examiners for Engineering and
1825 (7) "Principal" means a licensed professional engineer, professional structural engineer,
1826 or professional land surveyor having responsible charge of an organization's professional
1827 engineering, professional structural engineering, or professional land surveying practice.
1828 (8) "Professional engineer" means a person licensed under this chapter as a
1829 professional engineer.
1830 (9) (a) "Professional engineering or the practice of engineering" means a service or
1831 creative work, the adequate performance of which requires engineering education, training, and
1832 experience in the application of special knowledge of the mathematical, physical, and
1833 engineering sciences to the service or creative work as consultation, investigation, evaluation,
1834 planning, design, and design coordination of engineering works and systems, planning the use
1835 of land and water, facility programming, performing engineering surveys and studies, and the
1836 review of construction for the purpose of monitoring compliance with drawings and
1837 specifications; any of which embraces these services or work, either public or private, in
1838 connection with any utilities, structures, buildings, machines, equipment, processes, work
1839 systems, projects, and industrial or consumer products or equipment of a mechanical, electrical,
1840 hydraulic, pneumatic, or thermal nature, and including other professional services as may be
1841 necessary to the planning, progress, and completion of any engineering services.
1842 (b) The practice of professional engineering does not include the practice of
1843 architecture as defined in Section 58-3a-102 , but a licensed professional engineer may perform
1844 architecture work as is incidental to the practice of engineering.
1845 (10) "Professional engineering intern" means a person who:
1846 (a) has completed the education requirements to become a professional engineer;
1847 (b) has passed the fundamentals of engineering examination; and
1848 (c) is engaged in obtaining the four years of qualifying experience for licensure under
1849 the direct supervision of a licensed professional engineer.
1850 (11) "Professional land surveying or the practice of land surveying" means a service or
1851 work, the adequate performance of which requires the application of special knowledge of the
1852 principles of mathematics, the related physical and applied sciences, and the relevant
1853 requirements of law for adequate evidence to the act of measuring and locating lines, angles,
1854 elevations, natural and man-made features in the air, on the surface of the earth, within
1855 underground workings, and on the beds of bodies of water for the purpose of determining areas
1856 and volumes, for the monumenting or locating of property boundaries or points controlling
1857 boundaries, and for the platting and layout of lands and subdivisions of lands, including the
1858 topography, alignment and grades of streets, and for the preparation and perpetuation of maps,
1859 record plats, field notes records, and property descriptions that represent these surveys and
1860 other duties as sound surveying practices could direct.
1861 (12) "Professional land surveyor" means an individual licensed under this chapter as a
1862 professional land surveyor.
1863 (13) "Professional structural engineer" means a person licensed under this chapter as a
1864 professional structural engineer.
1865 (14) "Professional structural engineering or the practice of structural engineering"
1866 means a service or creative work in the following areas, and may be further defined by rule by
1867 the division in collaboration with the board:
1868 (a) providing structural engineering services for significant structures including:
1869 (i) buildings and other structures representing a substantial hazard to human life, which
1871 (A) buildings and other structures whose primary occupancy is public assembly with an
1872 occupant load greater than 300;
1873 (B) buildings and other structures with elementary school, secondary school, or day
1874 care facilities with an occupant load greater than 250;
1875 (C) buildings and other structures with an occupant load greater than 500 for colleges
1876 or adult education facilities;
1877 (D) health care facilities with an occupant load of 50 or more resident patients, but not
1878 having surgery or emergency treatment facilities;
1879 (E) jails and detention facilities with a gross area greater than 3,000 square feet; or
1880 (F) an occupancy with an occupant load greater than 5,000;
1881 (ii) buildings and other structures designated as essential facilities, including:
1882 (A) hospitals and other health care facilities having surgery or emergency treatment
1883 facilities with a gross area greater than 3,000 square feet;
1884 (B) fire, rescue, and police stations and emergency vehicle garages with a mean height
1885 greater than 24 feet or a gross area greater than 5,000 square feet;
1886 (C) designated earthquake, hurricane, or other emergency shelters with a gross area
1887 greater than 3,000 square feet;
1888 (D) designated emergency preparedness, communication, and operation centers and
1889 other buildings required for emergency response with a mean height more than 24 feet or a
1890 gross area greater than 5,000 square feet;
1891 (E) power-generating stations and other public utility facilities required as emergency
1892 backup facilities with a gross area greater then 3,000 square feet;
1893 (F) structures with a mean height more than 24 feet or a gross area greater than 5,000
1894 square feet containing highly toxic materials as defined by the division by rule, where the
1895 quantity of the material exceeds the maximum allowable quantities set by the division by rule;
1897 (G) aviation control towers, air traffic control centers, and emergency aircraft hangars
1898 at commercial service and cargo air services airports as defined by the Federal Aviation
1899 Administration with a mean height greater than 35 feet or a gross area greater than 20,000
1900 square feet; and
1901 (iii) buildings and other structures requiring special consideration, including:
1902 (A) structures or buildings that are:
1903 (I) normally occupied by human beings; and
1904 (II) five stories or more in height; or
1905 (III) that have an average roof height more than 60 feet above the average ground level
1906 measured at the perimeter of the structure; or
1907 (B) all buildings over 200,000 aggregate gross square feet in area; and
1908 (b) includes the definition of professional engineering or the practice of professional
1909 engineering as provided in Subsection (9).
1910 (15) "Structure" means that which is built or constructed, an edifice or building of any
1911 kind, or a piece of work artificially built up or composed of parts joined together in a definite
1912 manner, and as otherwise governed by the State Construction Code or an approved code under
1913 Title 15A, State Construction and Fire Codes Act.
1914 (16) "Supervision of an employee, subordinate, associate, or drafter of a licensee"
1915 means that a licensed professional engineer, professional structural engineer, or professional
1916 land surveyor is responsible for and personally reviews, corrects when necessary, and approves
1917 work performed by an employee, subordinate, associate, or drafter under the direction of the
1918 licensee, and may be further defined by rule by the division in collaboration with the board.
1919 (17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation
1920 Board for Engineering and Technology.
1921 (18) "Unlawful conduct" is defined in Sections 58-1-501 and 58-22-501 .
1922 (19) "Unprofessional conduct" as defined in Section 58-1-501 may be further defined
1923 by rule by the division in collaboration with the board.
1924 Section 33. Section 58-22-201 is amended to read:
1925 58-22-201. Board.
1926 (1) There is created a Professional Engineers and Professional Land Surveyors
1927 Licensing Board. The board shall consist of four licensed professional engineers, one licensed
1928 professional structural engineer, one licensed professional land surveyor, and one member from
1929 the general public. The composition of the four professional engineers on the board shall be
1930 representative of the various professional engineering disciplines.
1931 (2) The board shall be appointed and shall serve in accordance with Section 58-1-201 .
1932 The members of the board who are professional engineers shall be appointed from among
1933 nominees recommended by representative engineering societies in this state. The member of
1934 the board who is a land surveyor shall be appointed from among nominees recommended by
1935 representative professional land surveyor societies.
1936 (3) The duties and responsibilities of the board shall be in accordance with Sections
1937 58-1-202 and 58-1-203 . In addition, the board shall designate one of its members on a
1938 permanent or rotating basis to:
1939 (a) assist the division in reviewing complaints concerning the unlawful or
1940 unprofessional conduct of a [
1941 (b) advise the division in its investigation of these complaints.
1942 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
1943 in its investigation may be disqualified from participating with the board when the board serves
1944 as a presiding officer in an adjudicative proceeding concerning the complaint.
1945 Section 34. Section 58-22-503 is amended to read:
1946 58-22-503. Penalty for unlawful conduct.
1947 (1) (a) If upon inspection or investigation, the division concludes that a person has
1948 violated Subsections 58-1-501 (1)(a) through (d) or Section 58-22-501 or any rule or order
1949 issued with respect to Section 58-22-501 , and that disciplinary action is appropriate, the
1950 director or the director's designee from within the division for each alternative respectively,
1951 shall promptly issue a citation to the person according to this chapter and any pertinent rules,
1952 attempt to negotiate a stipulated settlement, or notify the person to appear before an
1953 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1954 (i) A person who violates Subsections 58-1-501 (1)(a) through (d) or Section 58-22-501
1955 or any rule or order issued with respect to Section 58-22-501 , as evidenced by an uncontested
1956 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
1957 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
1958 ordered to cease and desist from violating Subsections 58-1-501 (1)(a) through (d) or Section
1959 58-22-501 or any rule or order issued with respect to this section.
1960 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
1961 58-22-401 may not be assessed through a citation.
1962 (b) A citation shall:
1963 (i) be in writing;
1964 (ii) describe with particularity the nature of the violation, including a reference to the
1965 provision of the chapter, rule, or order alleged to have been violated;
1966 (iii) clearly state that the recipient must notify the division in writing within 20
1967 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
1968 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
1969 (iv) clearly explain the consequences of failure to timely contest the citation or to make
1970 payment of any fines assessed by the citation within the time specified in the citation.
1971 (c) The division may issue a notice in lieu of a citation.
1972 (d) Each citation issued under this section, or a copy of each citation, may be served
1973 upon [
1974 of Civil Procedure and may be made personally or upon the person's agent by a division
1975 investigator or by any person specially designated by the director or by mail.
1976 (e) If within 20 calendar days from the service of the citation, the person to whom the
1977 citation was issued fails to request a hearing to contest the citation, the citation becomes the
1978 final order of the division and is not subject to further agency review. The period to contest a
1979 citation may be extended by the division for cause.
1980 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
1981 the license of a licensee who fails to comply with a citation after it becomes final.
1982 (g) The failure of an applicant for licensure to comply with a citation after it becomes
1983 final is a ground for denial of license.
1984 (h) No citation may be issued under this section after the expiration of six months
1985 following the occurrence of any violation.
1986 (i) The director or the director's designee shall assess fines according to the following:
1987 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
1988 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
1990 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
1991 $2,000 for each day of continued offense.
1992 (2) An action initiated for a first or second offense which has not yet resulted in a final
1993 order of the division shall not preclude initiation of any subsequent action for a second or
1994 subsequent offense during the pendency of any preceding action. The final order on a
1995 subsequent action shall be considered a second or subsequent offense, respectively, provided
1996 the preceding action resulted in a first or second offense, respectively.
1997 (3) Any penalty which is not paid may be collected by the director by either referring
1998 the matter to a collection agency or bringing an action in the district court of the county in
1999 which the person against whom the penalty is imposed resides or in the county where the office
2000 of the director is located. Any county attorney or the attorney general of the state shall provide
2001 legal assistance and advice to the director in any action to collect the penalty. In any action
2002 brought to enforce the provisions of this section, reasonable attorney's fees and costs shall be
2003 awarded to the division.
2004 Section 35. Section 58-26a-102 is amended to read:
2005 58-26a-102. Definitions.
2006 In addition to the definitions in Section 58-1-102 , as used in this chapter:
2007 (1) "Accounting experience" means applying accounting and auditing skills and
2008 principles that are taught as a part of the professional education qualifying a person for
2009 licensure under this chapter and generally accepted by the profession, under the supervision of
2010 a licensed certified public accountant.
2011 (2) "AICPA" means the American Institute of Certified Public Accountants.
2012 (3) (a) "Attest and attestation engagement" means providing any or all of the following
2013 financial statement services:
2014 (i) an audit or other engagement to be performed in accordance with the Statements on
2015 Auditing Standards (SAS);
2016 (ii) a review of a financial statement to be performed in accordance with the Statements
2017 on Standards for Accounting and Review Services (SSARS);
2018 (iii) an examination of prospective financial information to be performed in accordance
2019 with the Statements on Standards for Attestation Engagements (SSAE); or
2020 (iv) an engagement to be performed in accordance with the standards of the PCAOB.
2021 (b) The standards specified in this definition shall be adopted by reference by the
2022 division under its rulemaking authority in accordance with Title 63G, Chapter 3, Utah
2023 Administrative Rulemaking Act, and shall be those developed for general application by
2024 recognized national accountancy organizations such as the AICPA and the PCAOB.
2025 (4) "Board" means the Utah Board of Accountancy created in Section 58-26a-201 .
2026 (5) "Certified Public Accountant" or "CPA" means an individual currently licensed by
2027 this state or any other state, district, or territory of the United States of America to practice
2028 public accountancy or who has been granted a license as a certified public accountant under
2029 prior law or this chapter.
2030 (6) "Certified Public Accountant firm" or "CPA firm" means a qualified business entity
2031 holding a valid registration as a Certified Public Accountant firm under this chapter.
2032 (7) "Client" means the person who retains a licensee for the performance of one or
2033 more of the services included in the definition of the practice of public accountancy. "Client"
2034 does not include a CPA's employer when the licensee works in a salaried or hourly rate
2036 (8) "Compilation" means providing a service to be performed in accordance with
2037 Statements on Standards for Accounting and Review Services (SSARS) that is presenting, in
2038 the form of financial statements, information that is the representation of management or
2039 owners, without undertaking to express any assurance on the statements.
2040 (9) "Experience" means:
2041 (a) accounting experience; or
2042 (b) professional experience.
2043 (10) "Licensee" means the holder of a current valid license issued under this chapter.
2044 (11) "NASBA" means the National Association of State Boards of Accountancy.
2045 (12) "PCAOB" means the Public Company Accounting Oversight Board.
2046 (13) "Practice of public accounting" means the offer to perform or the performance by
2047 a person holding himself out as a certified public accountant of one or more kinds of services
2048 involving the use of auditing or accounting skills including the issuance of reports or opinions
2049 on financial statements, performing attestation engagements, the performance of one or more
2050 kinds of advisory or consulting services, or the preparation of tax returns or the furnishing of
2051 advice on tax matters for a client.
2052 (14) "Peer review" means a study, appraisal, or review of one or more aspects of the
2053 professional work of a person or qualified business entity in the practice of public accountancy,
2054 by a licensee or any other qualified person in accordance with rules adopted pursuant to this
2055 chapter and who is not affiliated with the person or qualified business entity being reviewed.
2056 (15) "Principal place of business" means the office location designated by the licensee
2057 for purposes of substantial equivalency and licensure by endorsement.
2058 (16) "Professional experience" means experience lawfully obtained while licensed as a
2059 certified public accountant in another jurisdiction, recognized by rule, in the practice of public
2060 accountancy performed for a client, which includes expression of assurance or opinion.
2061 (17) "Qualified business entity" means a sole proprietorship, corporation, limited
2062 liability company, or partnership engaged in the practice of public accountancy.
2063 (18) "Qualified continuing professional education" means a formal program of
2064 education that contributes directly to the professional competence of a certified public
2066 (19) "Qualifying examinations" means:
2067 (a) the AICPA Uniform CPA Examination;
2068 (b) the AICPA Examination of Professional Ethics for CPAs;
2069 (c) the Utah Laws and Rules Examination; and
2070 (d) any other examination approved by the board and adopted by the division by rule in
2071 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2072 (20) (a) "Report" means:
2073 (i) when used with reference to financial statements, an opinion, report or other form of
2074 language that:
2075 (A) states or implies assurance as to the reliability of any financial statements; or
2076 (B) implies that the person or firm issuing it has special knowledge or competence in
2077 accounting or auditing and specifically includes compilations and reviews; such an implication
2078 of special knowledge or competence may arise from use by the issuer of the report of names or
2079 titles indicating that the person or firm is a public accountant or auditor, or from the language
2080 of the report itself; or
2081 (ii) any disclaimer of opinion when it is conventionally understood to imply any
2082 positive assurance as to the reliability of the financial statements referred to or language
2083 suggesting special competence on the part of the person or firm issuing such language; and it
2084 includes any other form of language that is conventionally understood to imply such assurance
2085 or such special knowledge or competence.
2086 (b) "Report" does not include a financial statement prepared by an unlicensed person if:
2087 (i) that financial statement has a cover page which includes essentially the following
2088 language: "I (we) have prepared the accompanying financial statements of (name of entity) as
2089 of (time period) for the (period) then ended. This presentation is limited to preparing, in the
2090 form of financial statements, information that is the representation of management (owners). I
2091 (we) have not audited or reviewed the accompanying financial statements and accordingly do
2092 not express an opinion or any other form of assurance on them."; and
2093 (ii) the cover page and any related footnotes do not use the terms "compilation,"
2094 "review," "audit," "generally accepted auditing standards," "generally accepted accounting
2095 principles," or other similar terms.
2096 (21) "Review of financial statements" means performing inquiry and analytical
2097 procedures which provide a reasonable basis for expressing limited assurance that there are no
2098 material modifications that should be made to the statements in order for them to be in
2099 conformity with generally accepted accounting principles or, if applicable, with another
2100 comprehensive basis of accounting; and, the issuance of a report on the financial statements
2101 stating that a review was performed in accordance with the standards established by the
2102 American Institute of Certified Public Accountants.
2103 (22) (a) "Substantial equivalency" means a determination by the division in
2104 collaboration with the board or its designee that:
2105 (i) the education, examination, and experience requirements set forth in the statutes and
2106 administrative rules of another jurisdiction are comparable to or exceed the education,
2107 examination, and experience requirements set forth in the Uniform Accountancy Act; or
2108 (ii) an individual CPA's education, examination, and experience qualifications are
2109 comparable to or exceed the education, examination, and experience requirements set forth in
2110 the Uniform Accountancy Act.
2111 (b) In ascertaining whether an individual's qualifications are substantially equivalent as
2112 used in this chapter, the division in collaboration with the board shall take into account the
2113 qualifications without regard to the sequence in which the education, examination, and
2114 experience requirements were attained.
2115 (23) "Uniform Accountancy Act" means the model public accountancy legislation
2116 developed and promulgated by national accounting and regulatory associations that contains
2117 standardized definitions and regulations for the practice of public accounting as recognized by
2118 the division in collaboration with the board.
2119 (24) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-26a-501 .
2120 (25) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-26a-502 and
2121 as may be further defined by rule.
2122 (26) "Year of experience" means 2,000 hours of cumulative experience.
2123 Section 36. Section 58-28-307 is amended to read:
2124 58-28-307. Exemptions from chapter.
2125 In addition to the exemptions from licensure in Section 58-1-307 this chapter does not
2126 apply to:
2127 (1) any person who practices veterinary medicine, surgery, or dentistry upon any
2128 animal owned by him, and the employee of that person when the practice is upon an animal
2129 owned by his employer, and incidental to his employment, except:
2130 (a) this exemption does not apply to any person, or his employee, when the ownership
2131 of an animal was acquired for the purpose of circumventing this chapter; and
2132 (b) this exemption does not apply to the administration, dispensing, or prescribing of a
2133 prescription drug, or nonprescription drug intended for off label use, unless the administration,
2134 dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient
2136 (2) any person who as a student at a veterinary college approved by the board engages
2137 in the practice of veterinary medicine, surgery, and dentistry as part of his academic training
2138 and under the direct supervision and control of a licensed veterinarian, if that practice is during
2139 the last two years of the college course of instruction and does not exceed an 18-month
2141 (3) a veterinarian who is an officer or employee of the government of the United
2142 States, or the state, or its political subdivisions, and technicians under his supervision, while
2143 engaged in the practice of veterinary medicine, surgery, or dentistry for that government;
2144 (4) any person while engaged in the vaccination of poultry, pullorum testing, typhoid
2145 testing of poultry, and related poultry disease control activity;
2146 (5) any person who is engaged in bona fide and legitimate medical, dental,
2147 pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or
2148 dentistry is directly related to, and a necessary part of, that research;
2149 (6) veterinarians licensed under the laws of another state rendering professional
2150 services in association with licensed veterinarians of this state for a period not to exceed 90
2152 (7) registered pharmacists of this state engaged in the sale of veterinary supplies,
2153 instruments, and medicines, if the sale is at his regular place of business;
2154 (8) any person in this state engaged in the sale of veterinary supplies, instruments, and
2155 medicines, except prescription drugs which must be sold in compliance with state and federal
2156 regulations, if the supplies, instruments, and medicines are sold in original packages bearing
2157 adequate identification and directions for application and administration and the sale is made in
2158 the regular course of, and at the regular place of business;
2159 (9) any person rendering emergency first aid to animals in those areas where a licensed
2160 veterinarian is not available, and if suspicious reportable diseases are reported immediately to
2161 the state veterinarian;
2162 (10) any person performing or teaching nonsurgical bovine artificial insemination;
2163 (11) any person affiliated with an institution of higher education who teaches
2164 nonsurgical bovine embryo transfer or any technician trained by or approved by an institution
2165 of higher education who performs nonsurgical bovine embryo transfer, but only if any
2166 prescription drug used in the procedure is prescribed and administered under the direction of a
2167 veterinarian licensed to practice in Utah;
2168 (12) (a) upon written referral by a licensed veterinarian, the practice of animal
2169 chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician
2170 Practice Act, who has completed an animal chiropractic course approved by the American
2171 Veterinary Chiropractic Association or the division;
2172 (b) upon written referral by a licensed veterinarian, the practice of animal physical
2173 therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who
2174 has completed at least 100 hours of animal physical therapy training, including quadruped
2175 anatomy and hands-on training, approved by the division;
2176 (c) upon written referral by a licensed veterinarian, the practice of animal massage
2177 therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act,
2178 who has completed at least 60 hours of animal massage therapy training, including quadruped
2179 anatomy and hands-on training, approved by the division; and
2180 (d) upon written referral by a licensed veterinarian, the practice of acupuncture by an
2181 acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a
2182 course of study on animal acupuncture approved by the division;
2183 (13) unlicensed assistive personnel performing duties appropriately delegated to the
2184 unlicensed assistive personnel in accordance with Section 58-28-502 ;
2185 (14) an animal shelter employee who is:
2186 (a) acting under the indirect supervision of a licensed veterinarian; and
2187 (b) performing animal euthanasia in the course and scope of employment; and
2188 (15) an individual providing appropriate training for animals[
2189 exception does not include diagnosing any medical condition, or prescribing or dispensing any
2190 prescription drugs or therapeutics.
2191 Section 37. Section 58-37-10 is amended to read:
2192 58-37-10. Search warrants -- Administrative inspection warrants -- Inspections
2193 and seizures of property without warrant.
2194 (1) Search warrants relating to offenses involving controlled substances may be
2195 authorized pursuant to the Utah Rules of Criminal Procedure.
2196 (2) Issuance and execution of administrative inspection warrants shall be as follows:
2197 (a) Any judge or magistrate of this state within his jurisdiction upon proper oath or
2198 affirmation showing probable cause, may issue warrants for the purpose of conducting
2199 administrative inspections authorized by this act or regulations thereunder and seizures of
2200 property appropriate to such inspections. Probable cause for purposes of this act exists upon
2201 showing a valid public interest in the effective enforcement of the act or rules promulgated
2202 thereunder sufficient to justify administrative inspection of the area, premises, building, or
2203 conveyance in the circumstances specified in the application for the warrant.
2204 (b) A warrant shall issue only upon an affidavit of an officer or employee duly
2205 designated and having knowledge of the facts alleged sworn to before a judge or magistrate
2206 which establish the grounds for issuing the warrant. If the judge or magistrate is satisfied that
2207 grounds for the application exist or that there is probable cause to believe they exist, he shall
2208 issue a warrant identifying the area, premises, building, or conveyance to be inspected, the
2209 purpose of the inspection, and if appropriate, the type of property to be inspected, if any. The
2210 warrant shall:
2211 (i) state the grounds for its issuance and the name of each person whose affidavit has
2212 been taken to support it;
2213 (ii) be directed to a person authorized by Section 58-37-9 of this act to execute it;
2214 (iii) command the person to whom it is directed to inspect the area, premises, building,
2215 or conveyance identified for the purpose specified and if appropriate, direct the seizure of the
2216 property specified;
2217 (iv) identify the item or types of property to be seized, if any; and
2218 (v) direct that it be served during normal business hours and designate the judge or
2219 magistrate to whom it shall be returned.
2220 (c) A warrant issued pursuant to this section must be executed and returned within 10
2221 days after its date unless, upon a showing of a need for additional time, the court instructs
2222 otherwise in the warrant. If property is seized pursuant to a warrant, the person executing the
2223 warrant shall give to the person from whom or from whose premises the property was taken a
2224 copy of the warrant and a receipt for the property taken or leave the copy and receipt at the
2225 place where the property was taken. Return of the warrant shall be made promptly and be
2226 accompanied by a written inventory of any property taken. The inventory shall be made in the
2227 presence of the person executing the warrant and of the person from whose possession or
2228 premises the property was taken, if they are present, or in the presence of at least one credible
2229 person other than the person executing the warrant. A copy of the inventory shall be delivered
2230 to the person from whom or from whose premises the property was taken and to the applicant
2231 for the warrant.
2232 (d) The judge or magistrate who issued the warrant under this section shall attach a
2233 copy of the return and all other papers to the warrant and file them with the court.
2234 (3) The department is authorized to make administrative inspections of controlled
2235 premises in accordance with the following provisions:
2236 (a) For purposes of this section only, "controlled premises" means:
2237 (i) Places where persons licensed or exempted from licensing requirements under this
2238 act are required to keep records.
2239 (ii) Places including factories, warehouses, establishments, and conveyances where
2240 persons licensed or exempted from licensing requirements are permitted to possess,
2241 manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled
2243 (b) When authorized by an administrative inspection warrant a law enforcement officer
2244 or employee designated in Section 58-37-9 , upon presenting the warrant and appropriate
2245 credentials to the owner, operator, or agent in charge, has the right to enter controlled premises
2246 for the purpose of conducting an administrative inspection.
2247 (c) When authorized by an administrative inspection warrant, a law enforcement
2248 officer or employee designated in Section 58-37-9 has the right:
2249 (i) To inspect and copy records required by this chapter.
2250 (ii) To inspect within reasonable limits and a reasonable manner, the controlled
2251 premises and all pertinent equipment, finished and unfinished material, containers, and labeling
2252 found, and except as provided in Subsection (3)(e), all other things including records, files,
2253 papers, processes, controls, and facilities subject to regulation and control by this chapter or by
2254 rules promulgated by the department.
2255 (iii) To inventory and take stock of any controlled substance and obtain samples of any
2257 (d) This section shall not be construed to prevent the inspection of books and records
2258 without a warrant pursuant to an administrative subpoena issued by a court or the department
2259 nor shall it be construed to prevent entries and administrative inspections including seizures of
2260 property without a warrant:
2261 (i) with the consent of the owner, operator, or agent in charge of the controlled
2263 (ii) in situations presenting imminent danger to health or safety;
2264 (iii) in situations involving inspection of conveyances where there is reasonable cause
2265 to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
2266 (iv) in any other exceptional or emergency circumstance where time or opportunity to
2267 apply for a warrant is lacking; and
2268 (v) in all other situations where a warrant is not constitutionally required.
2269 (e) No inspection authorized by this section shall extend to financial data, sales data,
2270 other than shipment data, or pricing data unless the owner, operator, or agent in charge of the
2271 controlled premises consents in writing.
2272 Section 38. Section 58-37c-3 is amended to read:
2273 58-37c-3. Definitions.
2274 In addition to the definitions in Section 58-1-102 , as used in this chapter:
2275 (1) "Board" means the Controlled Substance Precursor Advisory Board created in
2276 Section 58-37c-4 .
2277 (2) "Controlled substance precursor" includes a chemical reagent and means any of the
2279 (a) Phenyl-2-propanone;
2280 (b) Methylamine;
2281 (c) Ethylamine;
2282 (d) D-lysergic acid;
2283 (e) Ergotamine and its salts;
2284 (f) Diethyl malonate;
2285 (g) Malonic acid;
2286 (h) Ethyl malonate;
2287 (i) Barbituric acid;
2288 (j) Piperidine and its salts;
2289 (k) N-acetylanthranilic acid and its salts;
2290 (l) Pyrrolidine;
2291 (m) Phenylacetic acid and its salts;
2292 (n) Anthranilic acid and its salts;
2293 (o) Morpholine;
2294 (p) Ephedrine;
2295 (q) Pseudoephedrine;
2296 (r) Norpseudoephedrine;
2297 (s) Phenylpropanolamine;
2298 (t) Benzyl cyanide;
2299 (u) Ergonovine and its salts;
2300 (v) 3,4-Methylenedioxyphenyl-2-propanone;
2301 (w) propionic anhydride;
2302 (x) Insosafrole;
2303 (y) Safrole;
2304 (z) Piperonal;
2305 (aa) N-Methylephedrine;
2306 (bb) N-ethylephedrine;
2307 (cc) N-methylpseudoephedrine;
2308 (dd) N-ethylpseudoephedrine;
2309 (ee) Hydriotic acid;
2310 (ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide,
2311 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but
2312 not including gamma aminobutric acid (GABA);
2313 (gg) 1,4 butanediol;
2314 (hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (2)(a)
2315 through (gg);
2316 (ii) Crystal iodine;
2317 (jj) Iodine at concentrations greater than 1.5% by weight in a solution or matrix;
2318 (kk) Red phosphorous, except as provided in Section 58-37c-19.7 ;
2319 (ll) anhydrous ammonia, except as provided in Section 58-37c-19.9 ;
2320 (mm) any controlled substance precursor listed under the provisions of the Federal
2321 Controlled Substances Act which is designated by the director under the emergency listing
2322 provisions set forth in Section 58-37c-14 ; and
2323 (nn) any chemical which is designated by the director under the emergency listing
2324 provisions set forth in Section 58-37c-14 .
2325 (3) "Deliver," "delivery," "transfer," or "furnish" means the actual, constructive, or
2326 attempted transfer of a controlled substance precursor.
2327 (4) "Matrix" means something, as a substance, in which something else originates,
2328 develops, or is contained.
2329 (5) "Person" means any individual, group of individuals, proprietorship, partnership,
2330 joint venture, corporation, or organization of any type or kind.
2331 (6) "Practitioner" means a physician, dentist, podiatric physician, veterinarian,
2332 pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other
2333 person licensed, registered, or otherwise permitted to distribute, dispense, conduct research
2334 with respect to, administer, or use in teaching[
2335 the course of professional practice or research in this state.
2336 (7) (a) "Regulated distributor" means a person within the state who provides, sells,
2337 furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a
2338 regulated transaction.
2339 (b) "Regulated distributor" does not include any person excluded from regulation under
2340 this chapter.
2341 (8) (a) "Regulated purchaser" means any person within the state who receives a listed
2342 controlled substance precursor chemical in a regulated transaction.
2343 (b) "Regulated purchaser" does not include any person excluded from regulation under
2344 this chapter.
2345 (9) "Regulated transaction" means any actual, constructive or attempted:
2346 (a) transfer, distribution, delivery, or furnishing by a person within the state to another
2347 person within or outside of the state of a threshold amount of a listed precursor chemical; or
2348 (b) purchase or acquisition by any means by a person within the state from another
2349 person within or outside the state of a threshold amount of a listed precursor chemical.
2350 (10) "Retail distributor" means a grocery store, general merchandise store, drug store,
2351 or other entity or person whose activities as a distributor are limited almost exclusively to sales
2352 for personal use:
2353 (a) in both number of sales and volume of sales; and
2354 (b) either directly to walk-in customers or in face-to-face transactions by direct sales.
2355 (11) "Threshold amount of a listed precursor chemical" means any amount of a
2356 controlled substance precursor or a specified amount of a controlled substance precursor in a
2357 matrix; however, the division may exempt from the provisions of this chapter a specific
2358 controlled substance precursor in a specific amount and in certain types of transactions which
2359 provisions for exemption shall be defined by the division by rule adopted pursuant to Title
2360 63G, Chapter 3, Utah Administrative Rulemaking Act.
2361 (12) "Unlawful conduct" as defined in Section 58-1-501 includes knowingly and
2363 (a) engaging in a regulated transaction without first being appropriately licensed or
2364 exempted from licensure under this chapter;
2365 (b) acting as a regulated distributor and selling, transferring, or in any other way
2366 conveying a controlled substance precursor to a person within the state who is not appropriately
2367 licensed or exempted from licensure as a regulated purchaser, or selling, transferring, or
2368 otherwise conveying a controlled substance precursor to a person outside of the state and
2369 failing to report the transaction as required;
2370 (c) acting as a regulated purchaser and purchasing or in any other way obtaining a
2371 controlled substance precursor from a person within the state who is not a licensed regulated
2372 distributor, or purchasing or otherwise obtaining a controlled substance precursor from a
2373 person outside of the state and failing to report the transaction as required;
2374 (d) engaging in a regulated transaction and failing to submit reports and keep required
2375 records of inventories required under the provisions of this chapter or rules adopted pursuant to
2376 this chapter;
2377 (e) making any false statement in any application for license, in any record to be kept,
2378 or on any report submitted as required under this chapter;
2379 (f) with the intent of causing the evasion of the recordkeeping or reporting
2380 requirements of this chapter and rules related to this chapter, receiving or distributing any listed
2381 controlled substance precursor chemical in any manner designed so that the making of records
2382 or filing of reports required under this chapter is not required;
2383 (g) failing to take immediate steps to comply with licensure, reporting, or
2384 recordkeeping requirements of this chapter because of lack of knowledge of those
2385 requirements, upon becoming informed of the requirements;
2386 (h) presenting false or fraudulent identification where or when receiving or purchasing
2387 a listed controlled substance precursor chemical;
2388 (i) creating a chemical mixture for the purpose of evading any licensure, reporting or
2389 recordkeeping requirement of this chapter or rules related to this chapter, or receiving a
2390 chemical mixture created for that purpose;
2391 (j) if the person is at least 18 years of age, employing, hiring, using, persuading,
2392 inducing, enticing, or coercing another person under 18 years of age to violate any provision of
2393 this chapter, or assisting in avoiding detection or apprehension for any violation of this chapter
2394 by any federal, state, or local law enforcement official; and
2395 (k) obtaining or attempting to obtain or to possess any controlled substance precursor
2396 or any combination of controlled substance precursors knowing or having a reasonable cause to
2397 believe that the controlled substance precursor is intended to be used in the unlawful
2398 manufacture of any controlled substance.
2399 (13) "Unprofessional conduct" as defined in Section 58-1-102 and as may be further
2400 defined by rule includes the following:
2401 (a) violation of any provision of this chapter, the Controlled Substance Act of this state
2402 or any other state, or the Federal Controlled Substance Act; and
2403 (b) refusing to allow agents or representatives of the division or authorized law
2404 enforcement personnel to inspect inventories or controlled substance precursors or records or
2405 reports relating to purchases and sales or distribution of controlled substance precursors as such
2406 records and reports are required under this chapter.
2407 Section 39. Section 58-37c-17 is amended to read:
2408 58-37c-17. Inspection authority.
2409 For the purpose of inspecting, copying, and auditing records and reports required under
2410 this chapter and rules adopted pursuant thereto, and for the purpose of inspecting [
2411 auditing inventories of listed controlled substance precursors, the director, or his authorized
2412 agent, and law enforcement personnel of any federal, state, or local law enforcement agency is
2413 authorized to enter the premises of regulated distributors and regulated purchasers during
2414 normal business hours to conduct administrative inspections.
2415 Section 40. Section 58-37d-2 is amended to read:
2416 58-37d-2. Purpose.
2417 The clandestine production of methamphetamine, other amphetamines, phencyclidine,
2418 narcotic analgesic analogs, so-called "designer drugs,"[
2419 methamphetamine base "crack" cocaine and methamphetamine "ice" respectively, has
2420 increased dramatically throughout the western states and Utah. These highly technical illegal
2421 operations create substantial dangers to the general public and environment from fire,
2422 explosions, and the release of toxic chemicals. By their very nature these activities often
2423 involve a number of persons in a conspiratorial enterprise to bring together all necessary
2424 components for clandestine production, to thwart regulation and detection, and to distribute the
2425 final product. Therefore, the Legislature enacts the following Utah Clandestine Laboratory Act
2426 for prosecution of specific illegal laboratory operations. With regard to the controlled
2427 substances specified herein, this act shall control, notwithstanding the prohibitions and
2428 penalties in Title 58, Chapter 37, Utah Controlled Substances Act.
2429 Section 41. Section 58-47b-301 is amended to read:
2430 58-47b-301. Licensure required.
2431 (1) An individual shall hold a license issued under this chapter in order to engage in the
2432 practice of massage therapy, except as specifically provided in Section 58-1-307 or
2433 58-47b-304 .
2434 (2) An individual shall have a license in order to:
2435 (a) represent himself as a massage therapist or massage apprentice;
2436 (b) [
2437 massage therapy or [
2438 (c) [
2439 service that is within the practice of massage therapy.
2440 Section 42. Section 59-2-1109 is amended to read:
2441 59-2-1109. Indigent persons -- Deferral or abatement -- Application -- County
2442 authority to make refunds.
2443 (1) A person under the age of 65 years is not eligible for a deferral or abatement
2444 provided for poor people under Sections 59-2-1107 and 59-2-1108 unless:
2445 (a) the county finds that extreme hardship would prevail if the grants were not made; or
2446 (b) the person has a disability.
2447 (2) (a) An application for the deferral or abatement shall be filed on or before
2448 September 1 with the county in which the property is located.
2449 (b) The application shall include a signed statement setting forth the eligibility of the
2450 applicant for the deferral or abatement.
2451 (c) Both husband and wife shall sign the application if the husband and wife seek a
2452 deferral or abatement on a residence:
2453 (i) in which they both reside; and
2454 (ii) which they own as joint tenants.
2455 (d) A county may extend the deadline for filing under Subsection (2)(a) until December
2456 31 if the county finds that good cause exists to extend the deadline.
2457 (3) (a) For purposes of this Subsection (3):
2458 (i) "Property taxes due" means the taxes due on a person's property:
2459 (A) for which an abatement is granted by a county under Section 59-2-1107 ; and
2460 (B) for the calendar year for which the abatement is granted.
2461 (ii) "Property taxes paid" is an amount equal to the sum of:
2462 (A) the amount of the property taxes the person paid for the taxable year for which the
2463 person is applying for the abatement; and
2464 (B) the amount of the abatement the county grants under Section 59-2-1107 .
2465 (b) A county granting an abatement to a person under Section 59-2-1107 shall refund
2466 to that person an amount equal to the amount by which the person's property taxes paid exceed
2467 the person's property taxes due, if that amount is $1 or more.
2468 (4) For purposes of this section:
2469 (a) a poor person is any person:
2470 (i) whose total household income as defined in Section 59-2-1202 is less than the
2471 maximum household income certified to a homeowner's credit under Subsection 59-2-1208 (1);
2472 (ii) who resides for not less than 10 months of each year in the residence for which the
2473 tax relief, deferral, or abatement is requested; and
2474 (iii) who is unable to meet the tax assessed on the person's residential property as the
2475 tax becomes due; and
2476 (b) "residence" includes a mobile home as defined under Section [
2477 70D-2-102 .
2478 (5) If the claimant is the grantor of a trust holding title to real or tangible personal
2479 property on which an abatement or deferral is claimed, the claimant may claim the portion of
2480 the abatement or deferral under Section 59-2-1107 or 59-2-1108 and be treated as the owner of
2481 that portion of the property held in trust for which the claimant proves to the satisfaction of the
2482 county that:
2483 (a) title to the portion of the trust will revest in the claimant upon the exercise of a
2485 (i) by:
2486 (A) the claimant as grantor of the trust;
2487 (B) a nonadverse party; or
2488 (C) both the claimant and a nonadverse party; and
2489 (ii) regardless of whether the power is a power:
2490 (A) to revoke;
2491 (B) to terminate;
2492 (C) to alter;
2493 (D) to amend; or
2494 (E) to appoint;
2495 (b) the claimant is obligated to pay the taxes on that portion of the trust property
2496 beginning January 1 of the year the claimant claims the abatement or deferral; and
2497 (c) the claimant meets the requirements under this part for the abatement or deferral.
2498 (6) The commission shall adopt rules to implement this section.
2499 (7) Any poor person may qualify for:
2500 (a) the deferral of taxes under Section 59-2-1108 ;
2501 (b) if the person meets the requisites of this section, for the abatement of taxes under
2502 Section 59-2-1107 ; or
2503 (c) both:
2504 (i) the deferral described in Subsection (7)(a); and
2505 (ii) the abatement described in Subsection (7)(b).
2506 Section 43. Section 63A-12-111 is amended to read:
2507 63A-12-111. Government records ombudsman.
2508 (1) (a) The director of the division shall appoint a government records ombudsman.
2509 (b) The government records ombudsman may not be a member of the records
2511 (2) The government records ombudsman shall:
2512 (a) be familiar with the provisions of Title 63G, Chapter 2, Government Records
2513 Access and Management Act;
2514 (b) serve as a resource for a person who is making or responding to a records request or
2515 filing an appeal relating to a records request;
2516 (c) upon request, attempt to mediate disputes between requestors and responders; and
2517 (d) on an annual basis, report to the Government Operations [
2519 ombudsman during the previous year.
2520 (3) The government records ombudsman may not testify, or be compelled to testify,
2521 before the records committee, another administrative body, or a court regarding a matter that
2522 the government records ombudsman provided services in relation to under this section.
2523 Section 44. Section 63G-6-202 (Superseded 05/01/13) is amended to read:
2524 63G-6-202 (Superseded 05/01/13). Powers and duties of board.
2525 (1) Except as otherwise provided in Section 63G-6-104 and Subsection
2526 63G-6-208 (1)(b), the policy board shall:
2527 (a) make rules, consistent with this chapter, governing the procurement, management,
2528 and control of any and all supplies, services, technology, and construction to be procured by the
2529 state; and
2530 (b) consider and decide matters of policy within the provisions of this chapter,
2531 including those referred to it by the chief procurement officer.
2532 (2) (a) The policy board may:
2533 (i) audit and monitor the implementation of its rules and the requirements of this
2535 (ii) upon the request of a local public procurement unit, review that procurement unit's
2536 proposed rules to ensure that they are not inconsistent with the provisions of this chapter; and
2537 (iii) approve the use of innovative procurement methods proposed by local public
2538 procurement units.
2539 (b) Except as provided in Section 63G-6-807 , the policy board may not exercise
2540 authority [
2541 (i) over the award or administration of any particular [
2542 (ii) over any dispute, claim, or litigation pertaining to any particular contract.
2543 Section 45. Section 63G-6a-203 (Effective 05/01/13) is amended to read:
2544 63G-6a-203 (Effective 05/01/13). Powers and duties of board.
2545 (1) In addition to making rules in accordance with Section 63G-6a-402 and the other
2546 provisions of this chapter, the board shall consider and decide matters of policy within the
2547 provisions of this chapter, including those referred to it by the chief procurement officer.
2548 (2) (a) The board may:
2549 (i) audit and monitor the implementation of its rules and the requirements of this
2551 (ii) upon the request of a local public procurement unit, review that local public
2552 procurement unit's proposed rules to ensure that they are not inconsistent with the provisions of
2553 this chapter or rules made by the board; and
2554 (iii) approve the use of innovative procurement processes.
2555 (b) Except as provided in Section 63G-6a-1702 , the board may not exercise authority
2556 over [
2557 (i) the award or administration of any particular contract; or
2558 (ii) any dispute, claim, or litigation pertaining to any particular contract.
2559 (3) The board does not have authority over a matter involving:
2560 (a) a non-executive state procurement unit;
2561 (b) a local government unit; or
2562 (c) except as otherwise expressly provided in this chapter, a local public procurement
2564 Section 46. Section 63G-7-701 is amended to read:
2565 63G-7-701. Payment of claim or judgment against state -- Presentment for
2567 (1) [
2568 state or any final judgment obtained against the state shall be presented for payment to:
2571 that instrumentality is otherwise permitted by law.
2573 be presented to the board of examiners for action as provided in Section 63G-9-301 .
2575 63G-7-604 , the claimant may submit the excess claim to the board of examiners.
2576 Section 47. Section 63I-1-209 is amended to read:
2577 63I-1-209. Repeal dates, Title 9.
2579 is repealed July 1, 2014.
2588 Section 48. Section 63I-1-213 is amended to read:
2589 63I-1-213. Repeal dates, Title 13.
2591 Section 49. Section 63I-1-235 is amended to read:
2592 63I-1-235. Repeal dates, Title 35A.
2593 (1) Title 35A, Utah Workforce Services Code, is repealed July 1, 2015.
2598 1, 2016.
2600 Development Advisory Council, is repealed July 1, 2014.
2601 Section 50. Section 63I-1-258 is amended to read:
2602 63I-1-258. Repeal dates, Title 58.
2603 (1) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 2018.
2604 (2) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
2605 repealed July 1, 2016.
2615 Act, is repealed July 1, 2019.
2619 repealed July 1, 2013.
2624 Section 51. Section 63I-2-261 is amended to read:
2625 63I-2-261. Repeal dates -- Title 61.
2627 Section 52. Section 63I-2-267 is amended to read:
2628 63I-2-267. Repeal dates -- Title 67.
2630 Section 53. Section 67-1a-2 is amended to read:
2631 67-1a-2. Duties enumerated.
2632 (1) The lieutenant governor shall:
2633 (a) perform duties delegated by the governor, including assignments to serve in any of
2634 the following capacities:
2635 (i) as the head of any one department, if so qualified, with the consent of the Senate,
2636 and, upon appointment at the pleasure of the governor and without additional compensation;
2637 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
2638 law for the purpose of advising the governor or coordinating intergovernmental or
2639 interdepartmental policies or programs;
2640 (iii) as liaison between the governor and the state Legislature to coordinate and
2641 facilitate the governor's programs and budget requests;
2642 (iv) as liaison between the governor and other officials of local, state, federal, and
2643 international governments or any other political entities to coordinate, facilitate, and protect the
2644 interests of the state;
2645 (v) as personal advisor to the governor, including advice on policies, programs,
2646 administrative and personnel matters, and fiscal or budgetary matters; and
2647 (vi) as chairperson or member of any temporary or permanent boards, councils,
2648 commissions, committees, task forces, or other group appointed by the governor;
2649 (b) serve on all boards and commissions in lieu of the governor, whenever so
2650 designated by the governor;
2651 (c) serve as the chief election officer of the state as required by Subsection (2);
2652 (d) keep custody of the Great Seal of Utah;
2653 (e) keep a register of, and attest, the official acts of the governor;
2654 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
2655 which the official signature of the governor is required; and
2656 (g) furnish a certified copy of all or any part of any law, record, or other instrument
2657 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
2658 it and pays the fee.
2659 (2) (a) As the chief election officer, the lieutenant governor shall:
2660 (i) exercise general supervisory authority over all elections;
2661 (ii) exercise direct authority over the conduct of elections for federal, state, and
2662 multicounty officers and statewide or multicounty ballot propositions and any recounts
2663 involving those races;
2664 (iii) assist county clerks in unifying the election ballot;
2665 (iv) (A) prepare election information for the public as required by statute and as
2666 determined appropriate by the lieutenant governor; and
2667 (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
2668 news media on the Internet and in other forms as required by statute or as determined
2669 appropriate by the lieutenant governor;
2670 (v) receive and answer election questions and maintain an election file on opinions
2671 received from the attorney general;
2672 (vi) maintain a current list of registered political parties as defined in Section
2673 20A-8-101 ;
2674 (vii) maintain election returns and statistics;
2675 (viii) certify to the governor the names of those persons who have received the highest
2676 number of votes for any office;
2677 (ix) ensure that all voting equipment purchased by the state complies with the
2678 requirements of Subsection 20A-5-302 (2) and Sections 20A-5-402.5 and 20A-5-402.7 ;
2679 (x) conduct the study described in Section 67-1a-14 ; and
2680 (xi) perform other election duties as provided in Title 20A, Election Code.
2681 (b) As chief election officer, the lieutenant governor may not assume the
2682 responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
2683 officials by Title 20A, Election Code.
2684 (3) (a) The lieutenant governor shall:
2685 (i) (A) determine a new city's classification under Section 10-2-301 upon the city's
2686 incorporation under Title 10, Chapter 2, Part 1, Incorporation, based on the city's population
2687 using the population estimate from the Utah Population Estimates Committee; and
2688 (B) (I) prepare a certificate indicating the class in which the new city belongs based on
2689 the city's population; and
2690 (II) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2691 city's legislative body;
2692 (ii) (A) determine the classification under Section 10-2-301 of a consolidated
2693 municipality upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part
2694 6, Consolidation of Municipalities, using population information from:
2695 (I) each official census or census estimate of the United States Bureau of the Census;
2697 (II) the population estimate from the Utah Population Estimates Committee, if the
2698 population of a municipality is not available from the United States Bureau of the Census; and
2699 (B) (I) prepare a certificate indicating the class in which the consolidated municipality
2700 belongs based on the municipality's population; and
2701 (II) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2702 consolidated municipality's legislative body; and
2703 (iii) monitor the population of each municipality using population information from:
2704 (A) each official census or census estimate of the United States Bureau of the Census;
2706 (B) the population estimate from the Utah Population Estimates Committee, if the
2707 population of a municipality is not available from the United States Bureau of the Census.
2708 (b) If the applicable population figure under Subsection (3)(a)(ii) or (iii) indicates that
2709 a municipality's population has increased beyond the population for its current class, the
2710 lieutenant governor shall:
2711 (i) prepare a certificate indicating the class in which the municipality belongs based on
2712 the increased population figure; and
2713 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2714 legislative body of the municipality whose class has changed.
2715 (c) (i) If the applicable population figure under Subsection (3)(a)(ii) or (iii) indicates
2716 that a municipality's population has decreased below the population for its current class, the
2717 lieutenant governor shall send written notification of that fact to the municipality's legislative
2719 (ii) Upon receipt of a petition under Subsection 10-2-302 (2) from a municipality whose
2720 population has decreased below the population for its current class, the lieutenant governor
2722 (A) prepare a certificate indicating the class in which the municipality belongs based
2723 on the decreased population figure; and
2724 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2725 legislative body of the municipality whose class has changed.
2726 Section 54. Section 67-19-13.5 is amended to read:
2727 67-19-13.5. Department provides payroll services to executive branch agencies --
2729 (1) As used in this section:
2730 (a) (i) "Executive branch entity" means a department, division, agency, board, or office
2731 within the executive branch of state government that employs a person who is paid through the
2732 central payroll system developed by the Division of Finance as of December 31, 2011.
2733 (ii) "Executive branch entity" does not include the Offices of the Attorney General,
2734 State Treasurer, State Auditor, [
2736 (b) (i) "Payroll services" means using the central payroll system as directed by the
2737 Division of Finance to:
2738 (A) enter and validate payroll reimbursements, which include reimbursements for
2739 mileage, a service award, and other wage types;
2740 (B) calculate, process, and validate a retirement;
2741 (C) enter a leave adjustment; and
2742 (D) certify payroll by ensuring an entry complies with a rule or policy adopted by the
2743 department or the Division of Finance.
2744 (ii) "Payroll services" does not mean:
2745 (A) a function related to payroll that is performed by an employee of the Division of
2747 (B) a function related to payroll that is performed by an executive branch agency on
2748 behalf of a person who is not an employee of the executive branch agency;
2749 (C) the entry of time worked by an executive branch agency employee into the central
2750 payroll system; or
2751 (D) approval or verification by a supervisor or designee of the entry of time worked.
2752 (2) (a) Except as provided by Subsection (2)(b), on or before September 19, 2012, the
2753 department shall provide payroll services to all executive branch entities.
2754 (b) On or before June 30, 2013, the department shall provide payroll services to the
2755 Department of Public Safety for an employee who is certified by the Peace Officer Standards
2756 and Training Division.
2757 (3) (a) After September 19, 2012, an executive branch entity, other than the
2758 department, the Division of Finance, or the Department of Public Safety, may not create a
2759 full-time equivalent position or part-time position, or request an appropriation to fund a
2760 full-time equivalent position or part-time position for the purpose of providing payroll services
2761 to the entity.
2762 (b) After June 30, 2013, the Department of Public Safety may not create a full-time
2763 equivalent position or part-time position, or request an appropriation to fund a full-time
2764 equivalent position or part-time position for the purpose of providing payroll services.
2765 (4) The Department of Transportation, the Department of Technology Services, and the
2766 Department of Natural Resources shall report on the inability to transfer payroll services to the
2767 department or the progress of transferring payroll services to the department:
2768 (a) to the Government Operations Interim Committee before October 30, 2012; and
2769 (b) to the Infrastructure and General Government Appropriations Subcommittee on or
2770 before February 11, 2013.
2771 Section 55. Section 76-1-403 is amended to read:
2772 76-1-403. Former prosecution barring subsequent prosecution for offense out of
2773 same episode.
2774 (1) If a defendant has been prosecuted for one or more offenses arising out of a single
2775 criminal episode, a subsequent prosecution for the same or a different offense arising out of the
2776 same criminal episode is barred if:
2777 (a) the subsequent prosecution is for an offense that was or should have been tried
2778 under Subsection 76-1-402 (2) in the former prosecution; and
2779 (b) the former prosecution:
2780 (i) resulted in acquittal; [
2781 (ii) resulted in conviction; [
2782 (iii) was improperly terminated; or
2783 (iv) was terminated by a final order or judgment for the defendant that has not been
2784 reversed, set aside, or vacated and that necessarily required a determination inconsistent with a
2785 fact that must be established to secure conviction in the subsequent prosecution.
2786 (2) There is an acquittal if the prosecution resulted in a finding of not guilty by the trier
2787 of facts or in a determination that there was insufficient evidence to warrant conviction. A
2788 finding of guilty of a lesser included offense is an acquittal of the greater offense even though
2789 the conviction for the lesser included offense is subsequently reversed, set aside, or vacated.
2790 (3) There is a conviction if the prosecution resulted in a judgment of guilt that has not
2791 been reversed, set aside, or vacated; a verdict of guilty that has not been reversed, set aside, or
2792 vacated and that is capable of supporting a judgment; or a plea of guilty accepted by the court.
2793 (4) There is an improper termination of prosecution if the termination takes place
2794 before the verdict, is for reasons not amounting to an acquittal, and takes place after a jury has
2795 been impaneled and sworn to try the defendant, or, if the jury trial is waived, after the first
2796 witness is sworn. However, termination of prosecution is not improper if:
2797 (a) the defendant consents to the termination; [
2798 (b) the defendant waives his right to object to the termination; or
2799 (c) the court finds and states for the record that the termination is necessary because:
2800 (i) it is physically impossible to proceed with the trial in conformity with the law; [
2801 (ii) there is a legal defect in the proceeding not attributable to the state that would make
2802 any judgment entered upon a verdict reversible as a matter of law; [
2803 (iii) prejudicial conduct in or out of the courtroom not attributable to the state makes it
2804 impossible to proceed with the trial without injustice to the defendant or the state; [
2805 (iv) the jury is unable to agree upon a verdict; or
2806 (v) false statements of a juror on voir dire prevent a fair trial.
2807 Section 56. Section 76-1-501 is amended to read:
2808 76-1-501. Presumption of innocence -- "Element of the offense" defined.
2809 (1) A defendant in a criminal proceeding is presumed to be innocent until each element
2810 of the offense charged against him is proved beyond a reasonable doubt. In the absence of
2812 (2) As used in this part the words "element of the offense" mean:
2813 (a) The conduct, attendant circumstances, or results of conduct proscribed, prohibited,
2814 or forbidden in the definition of the offense;
2815 (b) The culpable mental state required.
2816 (3) The existence of jurisdiction and venue are not elements of the offense but shall be
2817 established by a preponderance of the evidence.
2818 Section 57. Section 76-3-202 is amended to read:
2819 76-3-202. Paroled persons -- Termination or discharge from sentence -- Time
2820 served on parole -- Discretion of Board of Pardons and Parole.
2821 (1) (a) Except as provided in Subsection (1)(b), every person committed to the state
2822 prison to serve an indeterminate term and later released on parole shall, upon completion of
2823 three years on parole outside of confinement and without violation, be terminated from the
2824 person's sentence unless the parole is earlier terminated by the Board of Pardons and Parole.
2825 (b) Every person committed to the state prison to serve an indeterminate term and later
2826 released on parole on or after July 1, 2008, and who was convicted of any felony offense under
2827 Title 76, Chapter 5, Offenses Against the Person, or any attempt, conspiracy, or solicitation to
2828 commit any of these felony offenses, shall complete a term of parole that extends through the
2829 expiration of the person's maximum sentence, unless the parole is earlier terminated by the
2830 Board of Pardons and Parole.
2831 (2) Every person convicted of a second degree felony for violating Section 76-5-404 ,
2832 forcible sexual abuse, or 76-5-404.1 , sexual abuse of a child and aggravated sexual abuse of a
2833 child, or attempting, conspiring, or soliciting the commission of a violation of any of those
2834 sections, and who is paroled before July 1, 2008, shall, upon completion of 10 years parole
2835 outside of confinement and without violation, [
2836 the person is earlier terminated by the Board of Pardons and Parole.
2837 (3) (a) Every person convicted of a first degree felony for committing any offense listed
2838 in Subsection (3)(b), or attempting, conspiring, or soliciting the commission of a violation of
2839 any of those sections, shall complete a term of lifetime parole outside of confinement and
2840 without violation unless the person is earlier terminated by the Board of Pardons and Parole.
2841 (b) The offenses referred to in Subsection (3)(a) are:
2842 (i) Section 76-5-301.1 , child kidnapping;
2843 (ii) Subsection 76-5-302 (1)(b)(vi), aggravated kidnapping involving a sexual offense;
2844 (iii) Section 76-5-402 , rape;
2845 (iv) Section 76-5-402.1 , rape of a child;
2846 (v) Section 76-5-402.2 , object rape;
2847 (vi) Section 76-5-402.3 , object rape of a child;
2848 (vii) Subsection 76-5-403 (2), forcible sodomy;
2849 (viii) Section 76-5-403.1 , sodomy on a child;
2850 (ix) Section 76-5-404.1 , sexual abuse of a child and aggravated sexual abuse of a child;
2852 (x) Section 76-5-405 , aggravated sexual assault.
2853 (4) Any person who violates the terms of parole, while serving parole, for any offense
2854 under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole be
2855 recommitted to prison to serve the portion of the balance of the term as determined by the
2856 Board of Pardons and Parole, but not to exceed the maximum term.
2857 (5) In order for a parolee convicted on or after May 5, 1997, to be eligible for early
2858 termination from parole, the parolee must provide to the Board of Pardons and Parole:
2859 (a) evidence that the parolee has completed high school classwork and has obtained a
2860 high school graduation diploma, a GED certificate, or a vocational certificate; or
2861 (b) documentation of the inability to obtain one of the items listed in Subsection (5)(a)
2862 because of:
2863 (i) a diagnosed learning disability; or
2864 (ii) other justified cause.
2865 (6) Any person paroled following a former parole revocation may not be discharged
2866 from the person's sentence until:
2867 (a) the person has served the applicable period of parole under this section outside of
2868 confinement and without violation;
2869 (b) the person's maximum sentence has expired; or
2870 (c) the Board of Pardons and Parole orders the person to be discharged from the
2872 (7) (a) All time served on parole, outside of confinement and without violation,
2873 constitutes service of the total sentence but does not preclude the requirement of serving the
2874 applicable period of parole under this section, outside of confinement and without violation.
2875 (b) Any time a person spends outside of confinement after commission of a parole
2876 violation does not constitute service of the total sentence unless the person is exonerated at a
2877 parole revocation hearing.
2878 (c) (i) Any time a person spends in confinement awaiting a hearing before the Board of
2879 Pardons and Parole or a decision by the board concerning revocation of parole constitutes
2880 service of the sentence.
2881 (ii) In the case of exoneration by the board, the time spent is included in computing the
2882 total parole term.
2883 (8) When any parolee without authority from the Board of Pardons and Parole absents
2884 himself from the state or avoids or evades parole supervision, the period of absence, avoidance,
2885 or evasion tolls the parole period.
2886 (9) (a) While on parole, time spent in confinement outside the state may not be credited
2887 toward the service of any Utah sentence.
2888 (b) Time in confinement outside the state or in the custody of any tribal authority or the
2889 United States government for a conviction obtained in another jurisdiction tolls the expiration
2890 of the Utah sentence.
2891 (10) This section does not preclude the Board of Pardons and Parole from paroling or
2892 discharging an inmate at any time within the discretion of the Board of Pardons and Parole
2893 unless otherwise specifically provided by law.
2894 (11) A parolee sentenced to lifetime parole may petition the Board of Pardons and
2895 Parole for termination of lifetime parole.
2896 Section 58. Section 76-3-203.5 is amended to read:
2897 76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
2898 (1) As used in this section:
2899 (a) "Felony" means any violation of a criminal statute of the state, any other state, the
2900 United States, or any district, possession, or territory of the United States for which the
2901 maximum punishment the offender may be subjected to exceeds one year in prison.
2902 (b) "Habitual violent offender" means a person convicted within the state of any violent
2903 felony and who on at least two previous occasions has been convicted of a violent felony and
2904 committed to either prison in Utah or an equivalent correctional institution of another state or
2905 of the United States either at initial sentencing or after revocation of probation.
2906 (c) "Violent felony" means:
2907 (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
2908 any of the following offenses punishable as a felony:
2909 (A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
2910 Title 76, Chapter 6, Part 1, Property Destruction;
2911 (B) assault by prisoner, Section 76-5-102.5 ;
2912 (C) disarming a police officer, Section 76-5-102.8 ;
2913 (D) aggravated assault, Section 76-5-103 ;
2914 (E) aggravated assault by prisoner, Section 76-5-103.5 ;
2915 (F) mayhem, Section 76-5-105 ;
2916 (G) stalking, Subsection 76-5-106.5 (2) or (3);
2917 (H) threat of terrorism, Section 76-5-107.3 ;
2918 (I) child abuse, Subsection 76-5-109 (2)(a) or (b);
2919 (J) commission of domestic violence in the presence of a child, Section 76-5-109.1 ;
2920 (K) abuse or neglect of a child with a disability, Section 76-5-110 ;
2921 (L) abuse, neglect, or exploitation of a vulnerable adult, Section 76-5-111 ;
2922 (M) endangerment of a child or vulnerable adult, Section 76-5-112.5 ;
2923 (N) criminal homicide offenses under Title 76, Chapter 5, Part 2, Criminal Homicide;
2924 (O) kidnapping, child kidnapping, and aggravated kidnapping under Title 76, Chapter
2925 5, Part 3, Kidnapping, Trafficking, and Smuggling;
2926 (P) rape, Section 76-5-402 ;
2927 (Q) rape of a child, Section 76-5-402.1 ;
2928 (R) object rape, Section 76-5-402.2 ;
2929 (S) object rape of a child, Section 76-5-402.3 ;
2930 (T) forcible sodomy, Section 76-5-403 ;
2931 (U) sodomy on a child, Section 76-5-403.1 ;
2932 (V) forcible sexual abuse, Section 76-5-404 ;
2933 (W) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1 ;
2934 (X) aggravated sexual assault, Section 76-5-405 ;
2935 (Y) sexual exploitation of a minor, Section 76-5b-201 ;
2936 (Z) sexual exploitation of a vulnerable adult, Section 76-5b-202 ;
2937 (AA) aggravated burglary and burglary of a dwelling under Title 76, Chapter 6, Part 2,
2938 Burglary and Criminal Trespass;
2939 (BB) aggravated robbery and robbery under Title 76, Chapter 6, Part 3, Robbery;
2940 (CC) theft by extortion under Subsection 76-6-406 (2)(a) or (b);
2941 (DD) tampering with a witness under Subsection 76-8-508 (1);
2942 (EE) retaliation against a witness, victim, or informant under Section 76-8-508.3 ;
2943 (FF) tampering with a juror under Subsection 76-8-508.5 (2)(c);
2944 (GG) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any
2945 threat or by use of force theft by extortion has been committed pursuant to Subsections
2946 76-6-406 (2)(a), (b), and (i);
2947 (HH) possession, use, or removal of explosive, chemical, or incendiary devices under
2948 Subsections 76-10-306 (3) through (6);
2949 (II) unlawful delivery of explosive, chemical, or incendiary devices under Section
2950 76-10-307 ;
2951 (JJ) purchase or possession of a dangerous weapon or handgun by a restricted person
2952 under Section 76-10-503 ;
2953 (KK) unlawful discharge of a firearm under Section 76-10-508 ;
2954 (LL) aggravated exploitation of prostitution under Subsection 76-10-1306 (1)(a);
2955 (MM) bus hijacking under Section 76-10-1504 ; and
2956 (NN) discharging firearms and hurling missiles under Section 76-10-1505 ; or
2957 (ii) any felony violation of a criminal statute of any other state, the United States, or
2958 any district, possession, or territory of the United States which would constitute a violent
2959 felony as defined in this Subsection (1) if committed in this state.
2960 (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
2961 trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
2962 under this section, the penalty for a:
2963 (a) third degree felony is as if the conviction were for a first degree felony;
2964 (b) second degree felony is as if the conviction were for a first degree felony; or
2965 (c) first degree felony remains the penalty for a first degree penalty except:
2966 (i) the convicted person is not eligible for probation; and
2967 (ii) the Board of Pardons and Parole shall consider that the convicted person is a
2968 habitual violent offender as an aggravating factor in determining the length of incarceration.
2969 (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
2970 provide notice in the information or indictment that the defendant is subject to punishment as a
2971 habitual violent offender under this section. Notice shall include the case number, court, and
2972 date of conviction or commitment of any case relied upon by the prosecution.
2973 (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
2974 intends to deny that:
2975 (A) the defendant is the person who was convicted or committed;
2976 (B) the defendant was represented by counsel or had waived counsel; or
2977 (C) the defendant's plea was understandingly or voluntarily entered.
2978 (ii) The notice of denial shall be served not later than five days prior to trial and shall
2979 state in detail the defendant's contention regarding the previous conviction and commitment.
2980 (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
2981 a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
2982 of the:
2983 (i) defendant's previous convictions for violent felonies, except as otherwise provided
2984 in the Utah Rules of Evidence; or
2985 (ii) allegation against the defendant of being a habitual violent offender.
2986 (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
2987 being an habitual violent offender by the same jury, if practicable, unless the defendant waives
2988 the jury, in which case the allegation shall be tried immediately to the court.
2989 (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
2991 (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
2992 and the defendant shall be afforded an opportunity to present any necessary additional
2994 (iii) Before sentencing under this section, the trier of fact shall determine whether this
2995 section is applicable beyond a reasonable doubt.
2996 (d) If any previous conviction and commitment is based upon a plea of guilty or no
2997 contest, there is a rebuttable presumption that the conviction and commitment were regular and
2998 lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
2999 conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
3000 to establish by a preponderance of the evidence that the defendant was then represented by
3001 counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
3002 was understandingly and voluntarily entered.
3003 (e) If the trier of fact finds this section applicable, the court shall enter that specific
3004 finding on the record and shall indicate in the order of judgment and commitment that the
3005 defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
3006 under this section.
3007 (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
3008 provisions of this section.
3009 (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
3010 Subsection (1)(c) shall include any felony sexual offense violation of Title 76, Chapter 5, Part
3011 4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.
3012 (6) The sentencing enhancement described in this section does not apply if:
3013 (a) the offense for which the person is being sentenced is:
3014 (i) a grievous sexual offense;
3015 (ii) child kidnapping, Section 76-5-301.1 ;
3016 (iii) aggravated kidnapping, Section 76-5-302 ; or
3017 (iv) forcible sexual abuse, Section 76-5-404 ; and
3018 (b) applying the sentencing enhancement provided for in this section would result in a
3019 lower maximum penalty than the penalty provided for under the section that describes the
3020 offense for which the person is being sentenced.
3021 Section 59. Section 76-4-203 is amended to read:
3022 76-4-203. Criminal solicitation -- Elements.
3023 (1) An actor commits criminal solicitation if, with intent that a felony be committed, he
3024 solicits, requests, commands, offers to hire, or importunes another person to engage in specific
3025 conduct that under the circumstances as the actor believes them to be would be a felony or
3026 would cause the other person to be a party to the commission of a felony.
3027 (2) An actor may be convicted under this section only if the solicitation is made under
3028 circumstances strongly corroborative of the actor's intent that the offense be committed.
3029 (3) It is not a defense under this section that the person solicited by the actor:
3030 (a) does not agree to act upon the solicitation;
3031 (b) does not comm