First Substitute H.B. 155

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 12, 2014 at 10:18 AM by lpoole. -->

Representative Brad L. Dee proposes the following substitute bill:

1 UTAH COMMUNICATION AGENCY NETWORK AND UTAH
2 911 COMMITTEE AMENDMENTS
3 2014 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brad L. Dee
6 Senate Sponsor: J. Stuart Adams
7
8 LONG TITLE
9 General Description:
10 This bill merges the Utah Communications Agency Network, an independent state
11 agency, and the Utah 911 Committee into an independent state agency named the Utah
12 Communications Authority.
13 Highlighted Provisions:
14 This bill:
15 . renames the Utah Communications Agency Network the Utah Communications
16 Authority (UCA);
17 . moves the statutory provisions for the Utah Communications Agency Network from
18 Title 63C, State Commissions and Councils Code to Title 63H, Independent State
19 Entities;
20 . amends definitions;
21 . amends the duties of UCA to include:
22 . administering the program established for the computer aided dispatch system;
23 and
24 . coordination with the Utah 911 Committee;
25 . amends the membership of the UCA governing board and incorporates members of

26 the Statewide Communications and Interoperability Committee into the governing board;
27 . creates the Office of the 911 Program Manager to provide staff and support to the
28 Utah 911 Committee;
29 . moves Title 53, Chapter 10, Part 6, Coordination of Statewide 911 Emergency
30 Communications, into Title 63H, Chapter 7, Utah Communications Authority Act;
31 . amends membership of the Utah 911 committee;
32 . amends the duties of the Utah 911 committee;
33 . creates the Radio Network Division in UCA to provide technical staff and support
34 to UCA;
35 . creates the Office of Statewide Interoperability Coordinator in UCA and establishes
36 its duties;
37 . establishes the Computer Aided Dispatch Restricted Account within the General
38 Fund administered by the Division of Finance;
39 . modifies the distribution of revenue collected from the wireless 911 charges;
40 . provides transition language that instructs the Division of Finance, the Department
41 of Technology Services, the Division of Facilities and Construction Management,
42 and the Department of Human Resource Management regarding the transfer of
43 employees, benefits, property, equipment, and assets into UCA; and
44 . makes technical amendments.
45 Money Appropriated in this Bill:
46 None
47 Other Special Clauses:
48 This bill provides an effective date.
49 Utah Code Sections Affected:
50 AMENDS:
51 26-8b-102 , as last amended by Laws of Utah 2013, Chapters 98 and 99
52 59-1-403 , as last amended by Laws of Utah 2013, Chapter 310
53 63A-4-205.5 , as enacted by Laws of Utah 1997, Chapter 136
54 63E-1-102 , as last amended by Laws of Utah 2013, Chapter 220
55 63G-2-305 , as last amended by Laws of Utah 2013, Chapters 12, 445, and 447
56 63I-1-269 , as last amended by Laws of Utah 2011, Chapter 199

57 63I-4a-102 , as renumbered and amended by Laws of Utah 2013, Chapter 325
58 63J-1-201 , as last amended by Laws of Utah 2013, Chapters 158, 167, and 413
59 63J-7-102 , as last amended by Laws of Utah 2013, Chapters 28 and 295
60 69-2-2 , as last amended by Laws of Utah 2012, Chapter 369
61 69-2-3 , as enacted by Laws of Utah 1986, Chapter 33
62 69-2-4 , as last amended by Laws of Utah 2008, Chapter 360
63 69-2-5 , as last amended by Laws of Utah 2012, Chapter 326
64 69-2-5.5 , as last amended by Laws of Utah 2012, Chapter 326
65 69-2-5.6 , as last amended by Laws of Utah 2012, Chapter 326
66 69-2-5.7 , as last amended by Laws of Utah 2012, Chapter 326
67 ENACTS:
68 63H-7-301 , Utah Code Annotated 1953
69 63H-7-308 , Utah Code Annotated 1953
70 63H-7-309 , Utah Code Annotated 1953
71 63H-7-310 , Utah Code Annotated 1953
72 RENUMBERS AND AMENDS:
73 63H-7-101 , (Renumbered from 63C-7-101, as enacted by Laws of Utah 1997, Chapter
74 136)
75 63H-7-102 , (Renumbered from 63C-7-102, as last amended by Laws of Utah 2013,
76 Chapter 197)
77 63H-7-103 , (Renumbered from 63C-7-103, as last amended by Laws of Utah 2007,
78 Chapter 329)
79 63H-7-201 , (Renumbered from 63C-7-201, as enacted by Laws of Utah 1997, Chapter
80 136)
81 63H-7-202 , (Renumbered from 63C-7-202, as last amended by Laws of Utah 2013,
82 Chapter 197)
83 63H-7-203 , (Renumbered from 63C-7-205, as last amended by Laws of Utah 2013,
84 Chapter 197)
85 63H-7-204 , (Renumbered from 63C-7-206, as enacted by Laws of Utah 1997, Chapter
86 136)
87 63H-7-205 , (Renumbered from 63C-7-207, as enacted by Laws of Utah 1997, Chapter

88 136)
89 63H-7-302 , (Renumbered from 53-10-601, as last amended by Laws of Utah 2008,
90 Chapter 77)
91 63H-7-303 , (Renumbered from 53-10-602, as last amended by Laws of Utah 2010,
92 Chapters 278 and 307)
93 63H-7-304 , (Renumbered from 53-10-603, as last amended by Laws of Utah 2010,
94 Chapters 278 and 307)
95 63H-7-305 , (Renumbered from 53-10-604, as last amended by Laws of Utah 2011,
96 Chapter 309)
97 63H-7-306 , (Renumbered from 53-10-605, as last amended by Laws of Utah 2010,
98 Chapter 278)
99 63H-7-307 , (Renumbered from 53-10-606, as last amended by Laws of Utah 2010,
100 Chapters 278 and 323)
101 63H-7-401 , (Renumbered from 63C-7-301, as enacted by Laws of Utah 1997, Chapter
102 136)
103 63H-7-402 , (Renumbered from 63C-7-302, as enacted by Laws of Utah 1997, Chapter
104 136)
105 63H-7-403 , (Renumbered from 63C-7-303, as enacted by Laws of Utah 1997, Chapter
106 136)
107 63H-7-404 , (Renumbered from 63C-7-304, as enacted by Laws of Utah 1997, Chapter
108 136)
109 63H-7-405 , (Renumbered from 63C-7-305, as enacted by Laws of Utah 1997, Chapter
110 136)
111 63H-7-406 , (Renumbered from 63C-7-306, as last amended by Laws of Utah 2009,
112 Chapter 388)
113 63H-7-501 , (Renumbered from 63C-7-208, as enacted by Laws of Utah 1997, Chapter
114 136)
115 63H-7-502 , (Renumbered from 63C-7-209, as enacted by Laws of Utah 1997, Chapter
116 136)
117 63H-7-503 , (Renumbered from 63C-7-210, as last amended by Laws of Utah 2013,
118 Chapter 220)

119 63H-7-504 , (Renumbered from 63C-7-211, as last amended by Laws of Utah 1999,
120 Chapter 21)
121 REPEALS:
122 63C-7-203 , as enacted by Laws of Utah 1997, Chapter 136
123 63C-7-204 , as last amended by Laws of Utah 2013, Chapter 197
124 63F-1-801 , as enacted by Laws of Utah 2009, Chapter 195
125 63F-1-802 , as enacted by Laws of Utah 2009, Chapter 195
126 Uncodified Material Affected:
127 ENACTS UNCODIFIED MATERIAL
128
129 Be it enacted by the Legislature of the state of Utah:
130 Section 1. Section 26-8b-102 is amended to read:
131 26-8b-102. Definitions.
132 As used in this chapter:
133 (1) "Account" means the Automatic External Defibrillator Restricted Account, created
134 in Section 26-8b-602 .
135 (2) "Automatic external defibrillator" or "AED" means an automated or automatic
136 computerized medical device that:
137 (a) has received pre-market notification approval from the United States Food and
138 Drug Administration, pursuant to Section 360(k), Title 21 of the United States Code;
139 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
140 ventricular tachycardia;
141 (c) is capable of determining, without intervention by an operator, whether
142 defibrillation should be performed; and
143 (d) upon determining that defibrillation should be performed, automatically charges,
144 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
145 to a person's heart.
146 (3) "Bureau" means the Bureau of Emergency Medical Services, within the department.
147 (4) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
148 chest compression applied to a person who is unresponsive and not breathing.
149 (5) "Emergency medical dispatch center" means a public safety answering point, as

150 defined in Section [ 63C-7-103 ] 63H-7-103 , that is designated as an emergency medical
151 dispatch center by the bureau.
152 (6) "Sudden cardiac arrest" means a life-threatening condition that results when a
153 person's heart stops or fails to produce a pulse.
154 Section 2. Section 59-1-403 is amended to read:
155 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
156 (1) (a) Any of the following may not divulge or make known in any manner any
157 information gained by that person from any return filed with the commission:
158 (i) a tax commissioner;
159 (ii) an agent, clerk, or other officer or employee of the commission; or
160 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
161 town.
162 (b) An official charged with the custody of a return filed with the commission is not
163 required to produce the return or evidence of anything contained in the return in any action or
164 proceeding in any court, except:
165 (i) in accordance with judicial order;
166 (ii) on behalf of the commission in any action or proceeding under:
167 (A) this title; or
168 (B) other law under which persons are required to file returns with the commission;
169 (iii) on behalf of the commission in any action or proceeding to which the commission
170 is a party; or
171 (iv) on behalf of any party to any action or proceeding under this title if the report or
172 facts shown by the return are directly involved in the action or proceeding.
173 (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
174 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
175 pertinent to the action or proceeding.
176 (2) This section does not prohibit:
177 (a) a person or that person's duly authorized representative from receiving a copy of
178 any return or report filed in connection with that person's own tax;
179 (b) the publication of statistics as long as the statistics are classified to prevent the
180 identification of particular reports or returns; and

181 (c) the inspection by the attorney general or other legal representative of the state of the
182 report or return of any taxpayer:
183 (i) who brings action to set aside or review a tax based on the report or return;
184 (ii) against whom an action or proceeding is contemplated or has been instituted under
185 this title; or
186 (iii) against whom the state has an unsatisfied money judgment.
187 (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
188 commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
189 Rulemaking Act, provide for a reciprocal exchange of information with:
190 (i) the United States Internal Revenue Service; or
191 (ii) the revenue service of any other state.
192 (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
193 corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
194 Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
195 other written statements with the federal government, any other state, any of the political
196 subdivisions of another state, or any political subdivision of this state, except as limited by
197 Sections 59-12-209 and 59-12-210 , if the political subdivision, other state, or the federal
198 government grant substantially similar privileges to this state.
199 (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
200 corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
201 Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
202 identity and other information of taxpayers who have failed to file tax returns or to pay any tax
203 due.
204 (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
205 Division of Solid and Hazardous Waste, as defined in Section 19-6-102 , as requested by the
206 director of the Division of Solid and Hazardous Waste, any records, returns, or other
207 information filed with the commission under Chapter 13, Motor and Special Fuel Tax Act, or
208 Section 19-6-410.5 regarding the environmental assurance program participation fee.
209 (e) Notwithstanding Subsection (1), at the request of any person the commission shall
210 provide that person sales and purchase volume data reported to the commission on a report,
211 return, or other information filed with the commission under:

212 (i) Chapter 13, Part 2, Motor Fuel; or
213 (ii) Chapter 13, Part 4, Aviation Fuel.
214 (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
215 as defined in Section 59-22-202 , the commission shall report to the manufacturer:
216 (i) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
217 manufacturer and reported to the commission for the previous calendar year under Section
218 59-14-407 ; and
219 (ii) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the
220 manufacturer for which a tax refund was granted during the previous calendar year under
221 Section 59-14-401 and reported to the commission under Subsection 59-14-401 (1)(a)(v).
222 (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
223 distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
224 from selling cigarettes to consumers within the state under Subsection 59-14-210 (2).
225 (h) Notwithstanding Subsection (1), the commission may:
226 (i) provide to the Division of Consumer Protection within the Department of
227 Commerce and the attorney general data:
228 (A) reported to the commission under Section 59-14-212 ; or
229 (B) related to a violation under Section 59-14-211 ; and
230 (ii) upon request, provide to any person data reported to the commission under
231 Subsections 59-14-212 (1)(a) through (c) and Subsection 59-14-212 (1)(g).
232 (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
233 of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
234 Management and Budget, provide to the committee or office the total amount of revenues
235 collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
236 time period specified by the committee or office.
237 (j) Notwithstanding Subsection (1), the commission shall make the directory required
238 by Section 59-14-603 available for public inspection.
239 (k) Notwithstanding Subsection (1), the commission may share information with
240 federal, state, or local agencies as provided in Subsection 59-14-606 (3).
241 (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
242 Recovery Services within the Department of Human Services any relevant information

243 obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
244 who has become obligated to the Office of Recovery Services.
245 (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
246 Recovery Services to any other state's child support collection agency involved in enforcing
247 that support obligation.
248 (m) (i) Notwithstanding Subsection (1), upon request from the state court
249 administrator, the commission shall provide to the state court administrator, the name, address,
250 telephone number, county of residence, and Social Security number on resident returns filed
251 under Chapter 10, Individual Income Tax Act.
252 (ii) The state court administrator may use the information described in Subsection
253 (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106 .
254 (n) Notwithstanding Subsection (1), the commission shall at the request of a
255 committee, commission, or task force of the Legislature provide to the committee, commission,
256 or task force of the Legislature any information relating to a tax imposed under Chapter 9,
257 Taxation of Admitted Insurers, relating to the study required by Section 59-9-101 .
258 (o) (i) As used in this Subsection (3)(o), "office" means the:
259 (A) Office of the Legislative Fiscal Analyst; or
260 (B) Office of Legislative Research and General Counsel.
261 (ii) Notwithstanding Subsection (1) and except as provided in Subsection (3)(o)(iii),
262 the commission shall at the request of an office provide to the office all information:
263 (A) gained by the commission; and
264 (B) required to be attached to or included in returns filed with the commission.
265 (iii) (A) An office may not request and the commission may not provide to an office a
266 person's:
267 (I) address;
268 (II) name;
269 (III) Social Security number; or
270 (IV) taxpayer identification number.
271 (B) The commission shall in all instances protect the privacy of a person as required by
272 Subsection (3)(o)(iii)(A).
273 (iv) An office may provide information received from the commission in accordance

274 with this Subsection (3)(o) only:
275 (A) as:
276 (I) a fiscal estimate;
277 (II) fiscal note information; or
278 (III) statistical information; and
279 (B) if the information is classified to prevent the identification of a particular return.
280 (v) (A) A person may not request information from an office under Title 63G, Chapter
281 2, Government Records Access and Management Act, or this section, if that office received the
282 information from the commission in accordance with this Subsection (3)(o).
283 (B) An office may not provide to a person that requests information in accordance with
284 Subsection (3)(o)(v)(A) any information other than the information the office provides in
285 accordance with Subsection (3)(o)(iv).
286 (p) Notwithstanding Subsection (1), the commission may provide to the governing
287 board of the agreement or a taxing official of another state, the District of Columbia, the United
288 States, or a territory of the United States:
289 (i) the following relating to an agreement sales and use tax:
290 (A) information contained in a return filed with the commission;
291 (B) information contained in a report filed with the commission;
292 (C) a schedule related to Subsection (3)(p)(i)(A) or (B); or
293 (D) a document filed with the commission; or
294 (ii) a report of an audit or investigation made with respect to an agreement sales and
295 use tax.
296 (q) Notwithstanding Subsection (1), the commission may provide information
297 concerning a taxpayer's state income tax return or state income tax withholding information to
298 the Driver License Division if the Driver License Division:
299 (i) requests the information; and
300 (ii) provides the commission with a signed release form from the taxpayer allowing the
301 Driver License Division access to the information.
302 (r) Notwithstanding Subsection (1), the commission shall provide to the Utah 911
303 Committee the information requested by the Utah 911 Committee under Subsection
304 [ 53-10-602 (3)] 63H-7-303 (4).

305 (s) Notwithstanding Subsection (1), the commission shall provide to the Utah
306 Educational Savings Plan information related to a resident or nonresident individual's
307 contribution to a Utah Educational Savings Plan account as designated on the resident or
308 nonresident's individual income tax return as provided under Section 59-10-1313 .
309 (t) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
310 Sections 26-18-2.5 and 26-40-105 , the commission shall provide an eligibility worker with the
311 Department of Health or its designee with the adjusted gross income of an individual if:
312 (i) an eligibility worker with the Department of Health or its designee requests the
313 information from the commission; and
314 (ii) the eligibility worker has complied with the identity verification and consent
315 provisions of Sections 26-18-2.5 and 26-40-105 .
316 (u) Notwithstanding Subsection (1), the commission may provide to a county, as
317 determined by the commission, information declared on an individual income tax return in
318 accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
319 authorized under Section 59-2-103 .
320 (4) (a) Each report and return shall be preserved for at least three years.
321 (b) After the three-year period provided in Subsection (4)(a) the commission may
322 destroy a report or return.
323 (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
324 (b) If the person described in Subsection (5)(a) is an officer or employee of the state,
325 the person shall be dismissed from office and be disqualified from holding public office in this
326 state for a period of five years thereafter.
327 (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in
328 accordance with Subsection (3)(o)(iii) or a person that requests information in accordance with
329 Subsection (3)(o)(v):
330 (i) is not guilty of a class A misdemeanor; and
331 (ii) is not subject to:
332 (A) dismissal from office in accordance with Subsection (5)(b); or
333 (B) disqualification from holding public office in accordance with Subsection (5)(b).
334 (6) Except as provided in Section 59-1-404 , this part does not apply to the property tax.
335 Section 3. Section 63A-4-205.5 is amended to read:

336 63A-4-205.5. Risk management -- Coverage of the Utah Communications
337 Authority.
338 The [Utah Communications Agency Network] Utah Communications Authority
339 established under authority of Title [63C] 63H, Chapter 7, Utah Communications Authority
340 Act, may participate in the Risk Management Fund.
341 Section 4. Section 63E-1-102 is amended to read:
342 63E-1-102. Definitions -- List of independent entities.
343 As used in this title:
344 (1) "Authorizing statute" means the statute creating an entity as an independent entity.
345 (2) "Committee" means the Retirement and Independent Entities Committee created by
346 Section 63E-1-201 .
347 (3) "Independent corporation" means a corporation incorporated in accordance with
348 Chapter 2, Independent Corporations Act.
349 (4) (a) "Independent entity" means an entity having a public purpose relating to the
350 state or its citizens that is individually created by the state or is given by the state the right to
351 exist and conduct its affairs as an:
352 (i) independent state agency; or
353 (ii) independent corporation.
354 (b) "Independent entity" includes the:
355 (i) Utah Dairy Commission created by Section 4-22-2 ;
356 (ii) Heber Valley Historic Railroad Authority created by Section 63H-4-102 ;
357 (iii) Utah State Railroad Museum Authority created by Section 63H-5-102 ;
358 (iv) Utah Science Center Authority created by Section 63H-3-103 ;
359 (v) Utah Housing Corporation created by Section 35A-8-704 ;
360 (vi) Utah State Fair Corporation created by Section 63H-6-103 ;
361 (vii) Workers' Compensation Fund created by Section 31A-33-102 ;
362 (viii) Utah State Retirement Office created by Section 49-11-201 ;
363 (ix) School and Institutional Trust Lands Administration created by Section
364 53C-1-201 ;
365 [(x) Utah Communications Agency Network created by Section 63C-7-201 ;]
366 (x) Utah Communications Authority created in Section 63H-7-201 ;

367 (xi) Utah Energy Infrastructure Authority created by Section 63H-2-201 ;
368 (xii) Utah Capital Investment Corporation created by Section 63M-1-1207 ; and
369 (xiii) Military Installation Development Authority created by Section 63H-1-201 .
370 (c) Notwithstanding this Subsection (4), "independent entity" does not include:
371 (i) the Public Service Commission of Utah created by Section 54-1-1 ;
372 (ii) an institution within the state system of higher education;
373 (iii) a city, county, or town;
374 (iv) a local school district;
375 (v) a local district under Title 17B, Limited Purpose Local Government Entities - Local
376 Districts; or
377 (vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
378 (5) "Independent state agency" means an entity that is created by the state, but is
379 independent of the governor's direct supervisory control.
380 (6) "Money held in trust" means money maintained for the benefit of:
381 (a) one or more private individuals, including public employees;
382 (b) one or more public or private entities; or
383 (c) the owners of a quasi-public corporation.
384 (7) "Public corporation" means an artificial person, public in ownership, individually
385 created by the state as a body politic and corporate for the administration of a public purpose
386 relating to the state or its citizens.
387 (8) "Quasi-public corporation" means an artificial person, private in ownership,
388 individually created as a corporation by the state which has accepted from the state the grant of
389 a franchise or contract involving the performance of a public purpose relating to the state or its
390 citizens.
391 Section 5. Section 63G-2-305 is amended to read:
392 63G-2-305. Protected records.
393 The following records are protected if properly classified by a governmental entity:
394 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
395 has provided the governmental entity with the information specified in Section 63G-2-309 ;
396 (2) commercial information or nonindividual financial information obtained from a
397 person if:

398 (a) disclosure of the information could reasonably be expected to result in unfair
399 competitive injury to the person submitting the information or would impair the ability of the
400 governmental entity to obtain necessary information in the future;
401 (b) the person submitting the information has a greater interest in prohibiting access
402 than the public in obtaining access; and
403 (c) the person submitting the information has provided the governmental entity with
404 the information specified in Section 63G-2-309 ;
405 (3) commercial or financial information acquired or prepared by a governmental entity
406 to the extent that disclosure would lead to financial speculations in currencies, securities, or
407 commodities that will interfere with a planned transaction by the governmental entity or cause
408 substantial financial injury to the governmental entity or state economy;
409 (4) records, the disclosure of which could cause commercial injury to, or confer a
410 competitive advantage upon a potential or actual competitor of, a commercial project entity as
411 defined in Subsection 11-13-103 (4);
412 (5) test questions and answers to be used in future license, certification, registration,
413 employment, or academic examinations;
414 (6) records, the disclosure of which would impair governmental procurement
415 proceedings or give an unfair advantage to any person proposing to enter into a contract or
416 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
417 Subsection (6) does not restrict the right of a person to have access to, after the contract or
418 grant has been awarded and signed by all parties, a bid, proposal, application, or other
419 information submitted to or by a governmental entity in response to:
420 (a) an invitation for bids;
421 (b) a request for proposals;
422 (c) a request for quotes;
423 (d) a grant; or
424 (e) other similar document;
425 (7) information submitted to or by a governmental entity in response to a request for
426 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
427 the right of a person to have access to the information, after:
428 (a) a contract directly relating to the subject of the request for information has been

429 awarded and signed by all parties; or
430 (b) (i) a final determination is made not to enter into a contract that relates to the
431 subject of the request for information; and
432 (ii) at least two years have passed after the day on which the request for information is
433 issued;
434 (8) records that would identify real property or the appraisal or estimated value of real
435 or personal property, including intellectual property, under consideration for public acquisition
436 before any rights to the property are acquired unless:
437 (a) public interest in obtaining access to the information is greater than or equal to the
438 governmental entity's need to acquire the property on the best terms possible;
439 (b) the information has already been disclosed to persons not employed by or under a
440 duty of confidentiality to the entity;
441 (c) in the case of records that would identify property, potential sellers of the described
442 property have already learned of the governmental entity's plans to acquire the property;
443 (d) in the case of records that would identify the appraisal or estimated value of
444 property, the potential sellers have already learned of the governmental entity's estimated value
445 of the property; or
446 (e) the property under consideration for public acquisition is a single family residence
447 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
448 the property as required under Section 78B-6-505 ;
449 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
450 compensated transaction of real or personal property including intellectual property, which, if
451 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
452 of the subject property, unless:
453 (a) the public interest in access is greater than or equal to the interests in restricting
454 access, including the governmental entity's interest in maximizing the financial benefit of the
455 transaction; or
456 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
457 the value of the subject property have already been disclosed to persons not employed by or
458 under a duty of confidentiality to the entity;
459 (10) records created or maintained for civil, criminal, or administrative enforcement

460 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
461 release of the records:
462 (a) reasonably could be expected to interfere with investigations undertaken for
463 enforcement, discipline, licensing, certification, or registration purposes;
464 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
465 proceedings;
466 (c) would create a danger of depriving a person of a right to a fair trial or impartial
467 hearing;
468 (d) reasonably could be expected to disclose the identity of a source who is not
469 generally known outside of government and, in the case of a record compiled in the course of
470 an investigation, disclose information furnished by a source not generally known outside of
471 government if disclosure would compromise the source; or
472 (e) reasonably could be expected to disclose investigative or audit techniques,
473 procedures, policies, or orders not generally known outside of government if disclosure would
474 interfere with enforcement or audit efforts;
475 (11) records the disclosure of which would jeopardize the life or safety of an
476 individual;
477 (12) records the disclosure of which would jeopardize the security of governmental
478 property, governmental programs, or governmental recordkeeping systems from damage, theft,
479 or other appropriation or use contrary to law or public policy;
480 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
481 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
482 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
483 (14) records that, if disclosed, would reveal recommendations made to the Board of
484 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
485 Board of Pardons and Parole, or the Department of Human Services that are based on the
486 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
487 jurisdiction;
488 (15) records and audit workpapers that identify audit, collection, and operational
489 procedures and methods used by the State Tax Commission, if disclosure would interfere with
490 audits or collections;

491 (16) records of a governmental audit agency relating to an ongoing or planned audit
492 until the final audit is released;
493 (17) records that are subject to the attorney client privilege;
494 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
495 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
496 quasi-judicial, or administrative proceeding;
497 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
498 from a member of the Legislature; and
499 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
500 legislative action or policy may not be classified as protected under this section; and
501 (b) (i) an internal communication that is part of the deliberative process in connection
502 with the preparation of legislation between:
503 (A) members of a legislative body;
504 (B) a member of a legislative body and a member of the legislative body's staff; or
505 (C) members of a legislative body's staff; and
506 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
507 legislative action or policy may not be classified as protected under this section;
508 (20) (a) records in the custody or control of the Office of Legislative Research and
509 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
510 legislation or contemplated course of action before the legislator has elected to support the
511 legislation or course of action, or made the legislation or course of action public; and
512 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
513 Office of Legislative Research and General Counsel is a public document unless a legislator
514 asks that the records requesting the legislation be maintained as protected records until such
515 time as the legislator elects to make the legislation or course of action public;
516 (21) research requests from legislators to the Office of Legislative Research and
517 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
518 in response to these requests;
519 (22) drafts, unless otherwise classified as public;
520 (23) records concerning a governmental entity's strategy about:
521 (a) collective bargaining; or

522 (b) imminent or pending litigation;
523 (24) records of investigations of loss occurrences and analyses of loss occurrences that
524 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
525 Uninsured Employers' Fund, or similar divisions in other governmental entities;
526 (25) records, other than personnel evaluations, that contain a personal recommendation
527 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
528 personal privacy, or disclosure is not in the public interest;
529 (26) records that reveal the location of historic, prehistoric, paleontological, or
530 biological resources that if known would jeopardize the security of those resources or of
531 valuable historic, scientific, educational, or cultural information;
532 (27) records of independent state agencies if the disclosure of the records would
533 conflict with the fiduciary obligations of the agency;
534 (28) records of an institution within the state system of higher education defined in
535 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
536 retention decisions, and promotions, which could be properly discussed in a meeting closed in
537 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
538 the final decisions about tenure, appointments, retention, promotions, or those students
539 admitted, may not be classified as protected under this section;
540 (29) records of the governor's office, including budget recommendations, legislative
541 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
542 policies or contemplated courses of action before the governor has implemented or rejected
543 those policies or courses of action or made them public;
544 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
545 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
546 recommendations in these areas;
547 (31) records provided by the United States or by a government entity outside the state
548 that are given to the governmental entity with a requirement that they be managed as protected
549 records if the providing entity certifies that the record would not be subject to public disclosure
550 if retained by it;
551 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
552 except as provided in Section 52-4-206 ;

553 (33) records that would reveal the contents of settlement negotiations but not including
554 final settlements or empirical data to the extent that they are not otherwise exempt from
555 disclosure;
556 (34) memoranda prepared by staff and used in the decision-making process by an
557 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
558 other body charged by law with performing a quasi-judicial function;
559 (35) records that would reveal negotiations regarding assistance or incentives offered
560 by or requested from a governmental entity for the purpose of encouraging a person to expand
561 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
562 person or place the governmental entity at a competitive disadvantage, but this section may not
563 be used to restrict access to a record evidencing a final contract;
564 (36) materials to which access must be limited for purposes of securing or maintaining
565 the governmental entity's proprietary protection of intellectual property rights including patents,
566 copyrights, and trade secrets;
567 (37) the name of a donor or a prospective donor to a governmental entity, including an
568 institution within the state system of higher education defined in Section 53B-1-102 , and other
569 information concerning the donation that could reasonably be expected to reveal the identity of
570 the donor, provided that:
571 (a) the donor requests anonymity in writing;
572 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
573 classified protected by the governmental entity under this Subsection (37); and
574 (c) except for an institution within the state system of higher education defined in
575 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
576 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
577 over the donor, a member of the donor's immediate family, or any entity owned or controlled
578 by the donor or the donor's immediate family;
579 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
580 73-18-13 ;
581 (39) a notification of workers' compensation insurance coverage described in Section
582 34A-2-205 ;
583 (40) (a) the following records of an institution within the state system of higher

584 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
585 or received by or on behalf of faculty, staff, employees, or students of the institution:
586 (i) unpublished lecture notes;
587 (ii) unpublished notes, data, and information:
588 (A) relating to research; and
589 (B) of:
590 (I) the institution within the state system of higher education defined in Section
591 53B-1-102 ; or
592 (II) a sponsor of sponsored research;
593 (iii) unpublished manuscripts;
594 (iv) creative works in process;
595 (v) scholarly correspondence; and
596 (vi) confidential information contained in research proposals;
597 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
598 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
599 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
600 (41) (a) records in the custody or control of the Office of Legislative Auditor General
601 that would reveal the name of a particular legislator who requests a legislative audit prior to the
602 date that audit is completed and made public; and
603 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
604 Office of the Legislative Auditor General is a public document unless the legislator asks that
605 the records in the custody or control of the Office of Legislative Auditor General that would
606 reveal the name of a particular legislator who requests a legislative audit be maintained as
607 protected records until the audit is completed and made public;
608 (42) records that provide detail as to the location of an explosive, including a map or
609 other document that indicates the location of:
610 (a) a production facility; or
611 (b) a magazine;
612 (43) information:
613 (a) contained in the statewide database of the Division of Aging and Adult Services
614 created by Section 62A-3-311.1 ; or

615 (b) received or maintained in relation to the Identity Theft Reporting Information
616 System (IRIS) established under Section 67-5-22 ;
617 (44) information contained in the Management Information System and Licensing
618 Information System described in Title 62A, Chapter 4a, Child and Family Services;
619 (45) information regarding National Guard operations or activities in support of the
620 National Guard's federal mission;
621 (46) records provided by any pawn or secondhand business to a law enforcement
622 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
623 Secondhand Merchandise Transaction Information Act;
624 (47) information regarding food security, risk, and vulnerability assessments performed
625 by the Department of Agriculture and Food;
626 (48) except to the extent that the record is exempt from this chapter pursuant to Section
627 63G-2-106 , records related to an emergency plan or program, a copy of which is provided to or
628 prepared or maintained by the Division of Emergency Management, and the disclosure of
629 which would jeopardize:
630 (a) the safety of the general public; or
631 (b) the security of:
632 (i) governmental property;
633 (ii) governmental programs; or
634 (iii) the property of a private person who provides the Division of Emergency
635 Management information;
636 (49) records of the Department of Agriculture and Food that provides for the
637 identification, tracing, or control of livestock diseases, including any program established under
638 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act or Title 4, Chapter 31, Control
639 of Animal Disease;
640 (50) as provided in Section 26-39-501 :
641 (a) information or records held by the Department of Health related to a complaint
642 regarding a child care program or residential child care which the department is unable to
643 substantiate; and
644 (b) information or records related to a complaint received by the Department of Health
645 from an anonymous complainant regarding a child care program or residential child care;

646 (51) unless otherwise classified as public under Section 63G-2-301 and except as
647 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
648 personal mobile phone number, if:
649 (a) the individual is required to provide the information in order to comply with a law,
650 ordinance, rule, or order of a government entity; and
651 (b) the subject of the record has a reasonable expectation that this information will be
652 kept confidential due to:
653 (i) the nature of the law, ordinance, rule, or order; and
654 (ii) the individual complying with the law, ordinance, rule, or order;
655 (52) the name, home address, work addresses, and telephone numbers of an individual
656 that is engaged in, or that provides goods or services for, medical or scientific research that is:
657 (a) conducted within the state system of higher education, as defined in Section
658 53B-1-102 ; and
659 (b) conducted using animals;
660 (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
661 Private Proposal Program, to the extent not made public by rules made under that chapter;
662 (54) in accordance with Section 78A-12-203 , any record of the Judicial Performance
663 Evaluation Commission concerning an individual commissioner's vote on whether or not to
664 recommend that the voters retain a judge;
665 (55) information collected and a report prepared by the Judicial Performance
666 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
667 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
668 the information or report;
669 (56) records contained in the Management Information System created in Section
670 62A-4a-1003 ;
671 (57) records provided or received by the Public Lands Policy Coordinating Office in
672 furtherance of any contract or other agreement made in accordance with Section 63J-4-603 ;
673 (58) information requested by and provided to the Utah State 911 Committee under
674 Section [ 53-10-602 ] 63H-7-303 ;
675 (59) recorded Children's Justice Center investigative interviews, both video and audio,
676 the release of which are governed by Section 77-37-4 ;

677 (60) in accordance with Section 73-10-33 :
678 (a) a management plan for a water conveyance facility in the possession of the Division
679 of Water Resources or the Board of Water Resources; or
680 (b) an outline of an emergency response plan in possession of the state or a county or
681 municipality;
682 (61) the following records in the custody or control of the Office of Inspector General
683 of Medicaid Services, created in Section 63A-13-201 :
684 (a) records that would disclose information relating to allegations of personal
685 misconduct, gross mismanagement, or illegal activity of a person if the information or
686 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
687 through other documents or evidence, and the records relating to the allegation are not relied
688 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
689 report or final audit report;
690 (b) records and audit workpapers to the extent they would disclose the identity of a
691 person who, during the course of an investigation or audit, communicated the existence of any
692 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
693 regulation adopted under the laws of this state, a political subdivision of the state, or any
694 recognized entity of the United States, if the information was disclosed on the condition that
695 the identity of the person be protected;
696 (c) before the time that an investigation or audit is completed and the final
697 investigation or final audit report is released, records or drafts circulated to a person who is not
698 an employee or head of a governmental entity for the person's response or information;
699 (d) records that would disclose an outline or part of any investigation, audit survey
700 plan, or audit program; or
701 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
702 investigation or audit;
703 (62) records that reveal methods used by the Office of Inspector General of Medicaid
704 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
705 abuse;
706 (63) information provided to the Department of Health or the Division of Occupational
707 and Professional Licensing under Subsection 58-68-304 (3) or (4);

708 (64) a record described in Section 63G-12-210 ; and
709 (65) captured plate data that is obtained through an automatic license plate reader
710 system used by a governmental entity as authorized in Section 41-6a-2003 .
711 Section 6. Section 63H-7-101 , which is renumbered from Section 63C-7-101 is
712 renumbered and amended to read:
713 CHAPTER 7. UTAH COMMUNICATIONS AUTHORITY ACT
714 Part 1. General Provisions
715 [63C-7-101]. 63H-7-101. Title.
716 This chapter is known as the ["Utah Communications Agency Network Act."] "Utah
717 Communications Authority Act."
718 Section 7. Section 63H-7-102 , which is renumbered from Section 63C-7-102 is
719 renumbered and amended to read:
720 [63C-7-102]. 63H-7-102. Purpose.
721 The purpose of this chapter is to establish an independent state agency and a board [and
722 executive committee] to administer the creation, administration, and maintenance of the [Utah
723 Communications Agency Network] Utah Communications Authority to provide a public safety
724 communications network [and], facilities, and 911 emergency services on a statewide basis for
725 the benefit and use of public agencies, and [the] state and federal agencies.
726 Section 8. Section 63H-7-103 , which is renumbered from Section 63C-7-103 is
727 renumbered and amended to read:
728 [63C-7-103]. 63H-7-103. Definitions.
729 As used in this chapter:
730 [(1) "Board" means the Utah Communications Agency Network Board created in
731 Section 63C-7-201 .]
732 (1) "Authority" means the Utah Communications Authority, an independent state
733 agency created in Section 67H-7-201 .
734 (2) "Board" means the Utah Communications Authority Board created in Section
735 67H-7-203 .
736 [(2)] (3) "Bonds" means bonds, notes, certificates, debentures, contracts, lease purchase
737 agreements, or other evidences of indebtedness or borrowing issued or incurred by the [Utah
738 Communications Agency Network] authority pursuant to this chapter.

739 [(3)] (4) "Communications network" means:
740 (a) a regional or statewide public safety governmental communications network and
741 related facilities, including real property, improvements, and equipment necessary for the
742 acquisition, construction, and operation of the services and facilities[.]; and
743 (b) 911 emergency services, including radio communications, microwave connectivity,
744 FirstNet coordination, and computer aided dispatch system.
745 [(4) "Effective date" means the first date after which the Utah Communications Agency
746 Network is officially created and shall be the first date after which:]
747 [(a) at least 10 public agencies have submitted to the Utah Communications Agency
748 Network office the membership resolutions required to become a member; and]
749 [(b) the governor has appointed the four state representatives to the executive
750 committee.]
751 [(5) "Executive Committee" means the administrative body of the Utah
752 Communications Agency Network created in Section 63C-7-205 .]
753 (5) "FirstNet" means the First Responder Network Authority created by Congress in
754 the Middle Class Tax Relief and Job Creation Act of 2012.
755 (6) "Lease" means any lease, lease purchase, sublease, operating, management, or
756 similar agreement.
757 (7) "Local entity" means a county, city, town, local district, special service district, or
758 interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act.
759 [(7)] (8) "Member" means a public agency which:
760 (a) adopts a membership resolution to be included within the [Utah Communications
761 Agency Network] authority; and
762 (b) submits an originally executed copy of an authorizing resolution to the [Utah
763 Communications Agency Network] authority's office.
764 [(8)] (9) "Member representative" means a person or that person's designee appointed
765 by the governing body of each member.
766 [(9)] (10) "Public agency" means any political subdivision of the state, including cities,
767 towns, counties, school districts, local districts, and special service districts, dispatched by a
768 public safety answering point.
769 [(10)] (11) "Public safety answering point" means an organization, entity, or

770 combination of entities which have joined together to form a central answering point for the
771 receipt, management, and dissemination to the proper responding agency, of emergency and
772 nonemergency communications, including 911 [calls] communications, police, fire, emergency
773 medical, transportation, parks, wildlife, corrections, and any other governmental
774 communications.
775 [(11)] (12) "State" means the state of Utah.
776 [(12)] (13) "State representative" means[: (a)] the [four] six appointees of the governor
777 or their designees[;] and [(b)] the Utah State Treasurer or his designee.
778 Section 9. Section 63H-7-201 , which is renumbered from Section 63C-7-201 is
779 renumbered and amended to read:
780 Part 2. The Utah Communications Authority and the Board
781 [63C-7-201]. 63H-7-201. Establishment of the Utah Communications
782 Authority.
783 (1) There is established the [Utah Communications Agency Network, formerly the
784 Utah Wireless Interagency Network, created by executive order of the governor on June 6,
785 1996. The Utah Communications Agency Network shall assume the operations of the Utah
786 Wireless Interagency Network on May 4, 1997,] Utah Communications Authority, formerly
787 known as the Utah Communications Agency Network, which shall assume the operations of
788 the Utah Communications Agency Network and shall perform the functions as provided in this
789 chapter.
790 (2) The [Utah Communications Agency Network] Utah Communications Authority is
791 an independent state agency and not a division within any other department of the state.
792 (3) The initial offices of the [Utah Communications Agency Network] authority shall
793 be in Salt Lake [City] County, but branches of the office may be established in other areas of
794 the state upon approval of the board.
795 [(4) (a) As soon after the effective date as possible, the state representatives shall
796 schedule an organizational meeting date and shall give written notice of the time and location
797 of the organizational meeting to the governing bodies of known prospective members.]
798 [(b) At the organizational meeting:]
799 [(i) the board shall be organized as provided in Section 63C-7-203 ;]
800 [(ii) bylaws shall be adopted; and]

801 [(iii) the executive committee shall be established as provided in Section 63C-7-205 .]
802 Section 10. Section 63H-7-202 , which is renumbered from Section 63C-7-202 is
803 renumbered and amended to read:
804 [63C-7-202]. 63H-7-202. Powers of the Authority.
805 The [Utah Communications Agency Network] authority shall have the power to:
806 (1) sue and be sued in its own name;
807 (2) have an official seal and power to alter that seal at will;
808 (3) make and execute contracts and all other instruments necessary or convenient for
809 the performance of its duties and the exercise of its powers and functions under this chapter,
810 including contracts with private companies licensed under Title 26, Chapter 8a, Utah
811 Emergency Medical Services System Act;
812 (4) own, acquire, construct, operate, maintain, and repair a communications network,
813 and dispose of any portion of it;
814 (5) borrow money and incur indebtedness;
815 (6) issue bonds as provided in this chapter;
816 (7) enter into agreements with public agencies, the state, and federal government to
817 provide communications network services on terms and conditions it considers to be in the best
818 interest of its members;
819 (8) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real
820 property or personal property in connection with the acquisition and construction of a
821 communications network and all related facilities and rights-of-way which it owns, operates,
822 and maintains;
823 (9) contract with other public agencies, the state, or federal government to provide
824 public safety communications services in excess of those required to meet the needs or
825 requirements of its members and the state and federal government if:
826 (a) it is determined by the [executive committee] board to be necessary to accomplish
827 the purposes and realize the benefits of this chapter; and
828 (b) any excess is sold to other public agencies, the state, or federal government and is
829 sold on terms that assure:
830 (i) that the excess services will be used only for the purposes and benefits authorized
831 by the authority under S. [ this chapter and Title 69, Chapter 2, Emergency Telephone Service Law ]
831a Section 63H-7-102 .S ;

832 and
833 (ii) that the cost of providing the excess service will be received by the [Utah
834 Communications Agency Network] authority;
835 (10) provide and maintain the public safety network for all state and local
836 governmental agencies:
837 (a) within the current [Utah Communications Agency Network] authority network for
838 the state and local governmental agencies that currently subscribe to the [Utah
839 Communications Agency Network; and] authority;
840 (b) outside of the current [Utah Communications Agency Network] authority network
841 for state and local governmental agencies that do not currently subscribe to the [Utah
842 Communications Agency Network;] authority; and
843 (c) in a manner that:
844 (i) promotes high quality, cost effective services; and
845 (ii) evaluates the benefits S. , cost, existing facilities and equipment, and services .S
845a of public and private providers;
846 (11) maintain the current VHF high-band network; [and]
847 (12) review, approve, disapprove, or revise recommendations made by the Utah 911
848 Committee regarding the expenditure of funds under Sections 69-2-5.5 and 69-2-5.6 ; and
849 [(12)] (13) perform all other duties authorized by this chapter.
850 Section 11. Section 63H-7-203 , which is renumbered from Section 63C-7-205 is
851 renumbered and amended to read:
852 [63C-7-205]. 63H-7-203. Board established -- Terms -- Vacancies.
853 [(1) The executive committee]
854 (1) There is created the "Utah Communications Authority Board."
855 (2) The board shall consist of the following [21] individuals:
856 (a) [15] the member representatives elected [by the board at its annual meetings; and]
857 as follows:
858 [(b) six state representatives.]
859 (i) one representative elected from each county of the first and second class, who:
860 (A) is in law enforcement, fire service, or a public safety answering point; and
861 (B) has a leadership positions with public safety communication experience;
862 (ii) one representative elected from each of the seven associations of government who:

863 (A) is in law enforcement, fire service, or a public safety answering point; and
864 (B) has a leadership positions with public safety communication experience;
865 (iii) one representative of the Native American tribes elected by the representative of
866 tribal governments listed in Subsection 9-9-104.5 (2);
867 (iv) one representative elected by the Utah National Guard;
868 (v) one representative elected by an association that represents fire chiefs;
869 (vi) one representative elected by an association that represents sheriffs;
870 (vii) one representative elected by an association that represents chiefs of police; and
871 (viii) one member elected by the Utah 911 Committee created in Section 63H-7-302 ;
872 and
873 (b) seven state representatives appointed in accordance with Subsection (3).
874 [(2)] (3) (a) (i) [Five] Six of the state representatives shall be appointed by the
875 governor, with two of the positions having an initial term of two years, two having an initial
876 term of three years, and one having an initial term of four years.
877 (ii) Successor state representatives shall each serve for a term of four years.
878 (iii) The [five] six governor-appointed state representatives shall consist of:
879 (A) the executive director of the Utah Department of Transportation or the director's
880 designee;
881 (B) the commissioner of public safety or the commissioner's designee;
882 (C) the executive director of the Department of Natural Resources or the director's
883 designee;
884 (D) the executive director of the Department of Corrections or the director's designee;
885 [and]
886 (E) the chief information officer of the Department of Technology Services, or the
887 officer's designee[.]; and
888 (F) the executive director of the Department of Health or the director's designee.
889 (b) The [sixth] seventh state representative shall be the Utah State Treasurer or the
890 treasurer's designee.
891 (c) A vacancy on the [executive committee] board for a state representative shall be
892 filled for the unexpired term by appointment by the governor.
893 [(3)] (4) (a) (i) One-half of the positions for member representatives [elected by the

894 board] selected under Subsection (2) shall have an initial term of two years and one-half of the
895 positions shall have an initial term of four years.
896 (ii) Successor member representatives of the [executive committee] board shall each
897 serve for a term of four years, so that the term of office for six of the member representatives
898 expires every two years.
899 (b) The member representatives of the [executive committee] board shall be
900 removable, with or without cause, by [a majority vote of the board] the entity that selected the
901 member. A vacancy on the [executive committee] board for a member representative shall be
902 filled for the unexpired term by [a majority of the remaining member representatives of the
903 executive committee] the entity the member represents.
904 [(4)] (5) The [executive committee] board shall elect annually one of its members as
905 chair.
906 [(5)] (6) The [executive committee] board shall meet on an as-needed basis and as
907 provided in the bylaws.
908 [(6)] (7) The [executive committee] board shall also elect a vice chair, secretary, and
909 treasurer to perform those functions provided in the bylaws.
910 (a) The vice chair shall be a member of the [executive committee] board.
911 (b) The secretary and treasurer need not be members of the [executive committee]
912 board, but shall not have voting powers if they are not members of the [executive committee]
913 board.
914 (c) The offices of chair, vice chair, secretary, and treasurer shall be held by separate
915 individuals.
916 [(7)] (8) Each member representative and state representative shall have one vote,
917 including the chair, at all meetings of the [executive committee] board.
918 [(8) Twelve] (9) A constitutional majority of the members of the [executive committee
919 constitute] board constitutes a quorum. A vote of a majority of the quorum at any meeting of
920 the [executive committee] board is necessary to take action on behalf of the [executive
921 committee] board.
922 Section 12. Section 63H-7-204 , which is renumbered from Section 63C-7-206 is
923 renumbered and amended to read:
924 [63C-7-206]. 63H-7-204. Board -- Powers and duties.

925 The [executive committee] board shall:
926 (1) manage the affairs and business of the [Utah Communications Agency Network]
927 authority consistent with this chapter including adopting bylaws by a majority vote of its
928 members;
929 (2) appoint an executive director to administer the [Utah Communications Agency
930 Network] authority;
931 (3) receive and act upon reports covering the operations of the communications
932 network and funds administered by the [Utah Communications Agency Network] authority;
933 (4) ensure that the communications network and funds are administered according to
934 law;
935 (5) examine and approve an annual operating budget for the [Utah Communications
936 Agency Network] authority;
937 (6) receive and act upon recommendations of the chair;
938 (7) recommend to the governor and Legislature any necessary or desirable changes in
939 the statutes governing the communications network;
940 (8) develop broad policies for the long-term operation of the [Utah Communications
941 Agency Network] authority for the performance of its functions;
942 (9) make and execute contracts and other instruments on behalf of the [Utah
943 Communications Agency Network] authority, including agreements with members and other
944 entities;
945 (10) authorize the borrowing of money, the incurring of indebtedness, and the issuance
946 of bonds as provided in this chapter;
947 (11) adopt rules consistent with this chapter for the management of the
948 communications network in order to carry out the purposes of this chapter, and perform all
949 other acts necessary for the administration of the communications network;
950 (12) exercise the powers and perform the duties conferred on it by this chapter; [and]
951 (13) provide for audits of the [Utah Communications Agency Network.] authority;
952 (14) establish a division within the authority for radio network services;
953 (15) establish an office within the authority for a statewide interoperability coordinator;
954 and
955 (16) establish an office within the authority for a 911 program manager.

956 Section 13. Section 63H-7-205 , which is renumbered from Section 63C-7-207 is
957 renumbered and amended to read:
958 [63C-7-207]. 63H-7-205. Executive director -- Powers and duties.
959 The executive director shall:
960 (1) act as the executive officer of the [Utah Communications Agency Network]
961 authority;
962 (2) administer the various acts, systems, plans, programs, and functions assigned to the
963 office;
964 (3) with the approval of the [executive committee] board, develop and [promulgate]
965 make administrative rules which are within the authority granted by this title for the
966 administration of the [Utah Communications Agency Network] authority;
967 (4) recommend to the [executive committee] board any changes in the statutes
968 affecting the [Utah Communications Agency Network] authority;
969 (5) recommend to the [executive committee] board an annual administrative budget
970 covering administration, management, and operations of the communications network and,
971 upon approval of the [executive committee] board, direct and control the subsequent
972 expenditures of the budget; and
973 (6) within the limitations of the budget, employ staff personnel, consultants, a chief
974 financial officer, and legal counsel to provide professional services and advice regarding the
975 administration of the [Utah Communications Agency Network] authority.
976 Section 14. Section 63H-7-301 is enacted to read:
977 Part 3. Offices and Division of the Authority
978 63H-7-301. 911 program manager.
979 (1) There is created within the authority the 911 program manager.
980 (2) The 911 program manager shall:
981 (a) be appointed by the executive director:
982 (i) based on the recommendation of the Utah 911 Committee; and
983 (ii) with the approval of the board; and
984 (b) provide staff services to the Utah 911 Committee created in Section 63H-7-302 .
985 Section 15. Section 63H-7-302 , which is renumbered from Section 53-10-601 is
986 renumbered and amended to read:

987 [53-10-601]. 63H-7-302. Utah 911 Committee.
988 (1) There is created within the [division,] authority the Utah 911 Committee consisting
989 of the following [18] members:
990 (a) [a] one representative from [each of the following] a primary [emergency] public
991 safety answering [points:] point from each county of the first and second class;
992 [(i) Salt Lake County;]
993 [(ii) Davis County;]
994 [(iii) Utah County;]
995 [(iv) Weber County; and]
996 [(v) Washington County;]
997 [(b) six members representing the following primary emergency public safety
998 answering points:]
999 (b) one representative from a primary public safety answering point representing each
1000 of the following:
1001 (i) Bear River Association;
1002 (ii) Uintah Basin Association;
1003 (iii) South East Association;
1004 (iv) Six County Association;
1005 (v) Five County Association; [and]
1006 (vi) Mountainlands Association[, not including Utah County]; and
1007 [(c) the following people with knowledge of technology and equipment that might be
1008 needed for an emergency public safety answering system:]
1009 [(i) a representative from a local exchange carrier;]
1010 [(ii) a representative from a rural incumbent local exchange carrier; and]
1011 [(iii) two representatives from radio communications services as defined in Section
1012 69-2-2 ;]
1013 (vii) Wasatch Front Regional Council;
1014 [(d)] (c) two representatives from the Department of Public Safety[,]:
1015 (i) one of whom represents an urban Utah [and the other rural Utah; and] public service
1016 answering point; and
1017 (ii) one of whom represents a rural Utah public safety answering point; and

1018 [(e) a representative from the Department of Technology Services, created in Title 63F,
1019 Chapter 1.]
1020 (d) the statewide interoperability coordinator, created in Section 63H-7-309 .
1021 (2) (a) Each committee member shall be appointed as follows:
1022 (i) a member described in Subsection (1)(a) shall be appointed by the governor from a
1023 nominee or nominees submitted to the governor by the council of government for that
1024 member's county;
1025 (ii) the [six] seven members described in Subsection (1)(b) shall be appointed by the
1026 governor from a nominee or nominees submitted to the governor by the associations described
1027 in Subsection (1)(b) as follows:
1028 (A) the [six] seven associations shall select by lot[,] the first [four] five associations to
1029 begin the rotation of membership as required by Subsection (2)(b)(i); and
1030 (B) as each association is represented on the [commission] committee in accordance
1031 with Subsection (2)(b)(i), that association shall select the person to represent it on the
1032 commission; and
1033 [(iii) the members described in Subsection (1)(c) shall be appointed by the governor
1034 with the consent of the Senate; and]
1035 [(iv)] (iii) the members described in Subsections (1)[(d)](c) and [(e)] (d) shall be
1036 appointed by the governor.
1037 (b) The term of office of each member is four years[, except as provided in Subsections
1038 (2)(b)(ii) through (iv)].
1039 [(i) The representatives from Subsection (1)(b) must rotate to provide each geographic
1040 location at least one representative every four years, except as provided for the initial
1041 appointment under Subsection (2)(b)(ii).]
1042 [(ii) The associations listed in Subsection (1)(b) shall select by lot, two of its members
1043 to an initial two-year term.]
1044 [(iii) The governor shall appoint two representatives from Subsection (1)(c) to initial
1045 two-year terms.]
1046 [(iv) The public service answering points listed in Subsection (1)(a) shall, by lot, select
1047 two members to serve an initial two-year term.]
1048 (c) No member of the committee may serve more that two consecutive four-year terms.

1049 (d) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
1050 an appointment under Subsection (2)(a).
1051 (3) (a) Committee members shall elect a chair from their number and establish rules for
1052 the organization and operation of the committee, with the chair [rotating among] selected by
1053 representatives from Subsections (1)(a), (b), and [(d)] (c) every year.
1054 (b) Staff services to the committee[: (i)] shall be provided by the [division; and]
1055 authority.
1056 [(ii) may be provided by local entities through the Utah Association of Counties and
1057 the Utah League of Cities and Towns.]
1058 (c) Funding for staff services shall be provided with funds approved by the
1059 [committee] board from those identified under Section [ 53-10-605 ] 63H-7-306 .
1060 (4) (a) No member may receive compensation or benefits for the member's service on
1061 the committee.
1062 (b) A member is not required to give bond for the performance of official duties.
1063 (5) A majority of the committee constitutes a quorum for voting purposes.
1064 Section 16. Section 63H-7-303 , which is renumbered from Section 53-10-602 is
1065 renumbered and amended to read:
1066 [53-10-602]. 63H-7-303. Committee's duties and powers.
1067 (1) The committee shall:
1068 (a) review and make recommendations to the [division, the Bureau of
1069 Communications] board, public safety answering points, and the Legislature on:
1070 (i) technical, administrative, fiscal, and operational issues for the implementation of [a]
1071 unified statewide [wireless and land-based E-911] 911 emergency [system] services;
1072 (ii) [specific] technology and standards for the implementation of [a] unified statewide
1073 [wireless and land-based E-911] 911 emergency [system] services;
1074 (iii) emerging technological upgrades;
1075 (iv) expenditures by local public [service] safety answering points to assure
1076 implementation of [a] unified statewide [wireless and land-based E-911] 911 emergency
1077 [system] services and standards of operation; and
1078 (v) mapping systems and technology necessary to implement the unified statewide
1079 [wireless and land-based E-911] 911 emergency [system] services;

1080 (b) administer the program funded by the Unified Statewide [Unified E-911] 911
1081 Emergency Service Account as provided in this part;
1082 (c) administer the program funded by the Computer Aided Dispatch Restricted
1083 Account created in Section 63H-7-310 ;
1084 [(c)] (d) assist as many local entities as possible, at their request, to implement the
1085 recommendations of the committee; and
1086 [(d)] (e) fulfill all other duties imposed on the committee by the Legislature by this
1087 part.
1088 (2) The committee may recommend to the board to sell, lease, or otherwise dispose of
1089 equipment or personal property purchased, leased, or belonging to the [committee, the proceeds
1090 from which shall return to the restricted account.] board that is related to:
1091 (a) unified statewide 911 emergency service;
1092 (b) the computer aided dispatch system; or
1093 (c) funds expended from the restricted account created in Sections 69-2-5.5 and
1094 69-2-5.6 ,the proceeds from which shall return to the respective restricted accounts.
1095 (3) The committee may make recommendations to the board to own, operate, or enter
1096 into contracts for unified statewide 911 emergency services and a computer aided dispatch
1097 system.
1098 [(3)] (4) (a) The committee shall review information regarding:
1099 (i) in aggregate, the number of [telecommunication] service subscribers by
1100 [telecommunication] service type in a political subdivision;
1101 (ii) 911 [call] delivery network costs;
1102 (iii) public safety answering point costs; [and]
1103 (iv) system engineering information[.]; and
1104 (v) a computer aided dispatch system.
1105 (b) In accordance with Subsection [(3)] (4)(a) the committee may request:
1106 (i) information as described in Subsection [(3)] (4)(a)(i) from the Utah State Tax
1107 Commission; and
1108 (ii) information from public safety answering points connected to the [911 call
1109 delivery] computer aided dispatch system.
1110 (c) The information requested by and provided to the committee under Subsection [(3)]

1111 (4) is a protected record in accordance with Section 63G-2-305 .
1112 [(4) The committee shall issue the reimbursement allowed under Subsection
1113 53-10-605 (1)(b) provided that:]
1114 [(a) the reimbursement is based on aggregated cost studies submitted to the committee
1115 by the wireless carriers seeking reimbursement; and]
1116 [(b) the reimbursement to any one carrier does not exceed 125% of the wireless
1117 carrier's contribution to the restricted account.]
1118 (5) The committee shall [adopt] make rules in accordance with Title 63G, Chapter 3,
1119 Utah Administrative Rulemaking Act, to administer the program funded by the restricted
1120 account created in Section [ 53-10-603 ] 63H-7-304 including rules that establish the criteria,
1121 standards, technology, and equipment that a local entity or state agency must adopt in order to
1122 qualify for [grants] funds from the restricted account.
1123 (6) The committee shall make rules in accordance with Title 63G, Chapter 3, Utah
1124 Administrative Rulemaking Act, to administer the restricted account created in Section
1125 63H-7-310 , including rules that establish the criteria, standards, technology, and equipment that
1126 a local entity or state agency must adopt in order to qualify as a recipient of a computer aided
1127 dispatch system.
1128 [(6)] (7) The committee may employ an outside consultant to:
1129 (a) study and advise on the issue of public safety answering points[.]; and
1130 (b) advise the committee regarding:
1131 (i) public safety communications and other issues regarding unified state 911
1132 emergency services;
1133 (ii) computer aided dispatch system consolidation; and
1134 (iii) consolidation of public safety answering points by county or region.
1135 [(7)] (8) This section does not expand the authority of the Utah State Tax Commission
1136 to request additional information from a telecommunication service provider.
1137 Section 17. Section 63H-7-304 , which is renumbered from Section 53-10-603 is
1138 renumbered and amended to read:
1139 [53-10-603]. 63H-7-304. Creation of Unified Statewide 911 Emergency
1140 Service Account.
1141 (1) There is created a restricted account within the General Fund known as the

1142 ["Statewide Unified E-911] "Unified Statewide 911 Emergency Service Account," consisting
1143 of:
1144 (a) proceeds from the fee imposed in Section 69-2-5.6 ;
1145 (b) money appropriated or otherwise made available by the Legislature; and
1146 (c) contributions of money, property, or equipment from federal agencies, political
1147 subdivisions of the state, persons, or corporations.
1148 (2) The money in this restricted account shall be used exclusively for the following
1149 statewide public purposes:
1150 (a) enhancing public safety as provided in this chapter; and
1151 (b) providing [a] unified statewide[, unified, wireless E-911] 911 emergency service
1152 available to public safety answering points[;].
1153 [(c) providing reimbursement to providers for certain costs associated with Phase II
1154 wireless E-911 service; and]
1155 [(d) paying for an outside consultant hired by the Utah 911 Committee to study and
1156 advise the committee regarding public safety answering points.]
1157 Section 18. Section 63H-7-305 , which is renumbered from Section 53-10-604 is
1158 renumbered and amended to read:
1159 [53-10-604]. 63H-7-305. Committee expenses -- Division of Finance
1160 responsibilities.
1161 (1) [Committee] Subject to appropriation, expenses and the costs of administering
1162 [grants] disbursements from the restricted account, as provided in Subsection (2), shall be paid
1163 from the restricted account.
1164 (2) (a) The [Division of Finance] committee shall be responsible for the care, custody,
1165 safekeeping, collection, and accounting for [grants issued] disbursements made by the
1166 committee under the provisions of Section [ 53-10-605 ] 63H-7-306 .
1167 (b) [The] Subject to appropriation, the Division of Finance may charge the restricted
1168 account the administrative costs incurred in discharging the responsibilities imposed by
1169 [Subsection (2)(a)] Section 63H-7-306 .
1170 Section 19. Section 63H-7-306 , which is renumbered from Section 53-10-605 is
1171 renumbered and amended to read:
1172 [53-10-605]. 63H-7-306. Use of money in restricted account -- Criteria --

1173 Administration.
1174 (1) (a) Subject to an annual legislative appropriation from the restricted account to[: (a)
1175 the committee, the committee shall: (i) authorize the use of ] the Division of Finance, the
1176 Division of Finance shall disburse the money in the fund[, by grant to a local entity or state
1177 agency] for the benefit of a public agency in accordance with this Subsection (1) and
1178 Subsection (2)[;].
1179 [(ii) grant to state agencies and local entities]
1180 (b) The committee shall administer the program and forward to the Division of Finance
1181 the committee's authorization for disbursement from the restricted account in accordance with
1182 this section.
1183 (c) The committee shall:
1184 (i) disburse on behalf of public agencies an amount not to exceed the per month fee
1185 levied on telecommunications service under Section 69-2-5.6 for installation, implementation,
1186 and maintenance of unified[,] statewide 911 emergency services and technology; and
1187 [(iii)] (ii) in addition to any money under Subsection (1)[(a)(ii)](c)(i), [grant to]
1188 disburse on behalf of counties of the third through sixth class the amount dedicated for rural
1189 assistance, which is at least 3 cents per month levied on [telecommunications] 911 emergency
1190 service under Section 69-2-5.6 to:
1191 (A) enhance the 911 emergency services with a focus on areas or counties that do not
1192 have [E-911] 911 emergency services; and
1193 (B) where needed, assist the counties, in cooperation with private industry, with the
1194 creation or integration of wireless systems and location technology in rural areas of the state[;].
1195 [(b) the committee, the committee shall:]
1196 [(i) include reimbursement to a provider of radio communications service, as defined in
1197 Section 69-2-2 , for costs as provided in Subsection (1)(b)(ii); and]
1198 [(ii) an agreement to reimburse costs to a provider of radio communications services
1199 must be a written agreement among the committee, the local public safety answering point and
1200 the carrier; and]
1201 [(c)] (d) The committee shall reimburse the state's Automated Geographic Reference
1202 Center in the Division of Integrated Technology of the Department of Technology Services, an
1203 amount equal to 1 cent per month levied on telecommunications service under Section 69-2-5.6

1204 [shall be used] to enhance and upgrade [statewide] digital mapping standards for unified
1205 statewide 911 emergency service as required by the committee.
1206 (2) [(a)] Beginning July 1, [2007] 2014, the committee may not [grant] authorize
1207 disbursements and the Division of Finance may not disburse the money in the restricted
1208 account [to a local] on behalf of an entity unless the [local] entity [is in compliance with Phase
1209 I, wireless E-911] has the capability to receive Internet protocol based 911 emergency service.
1210 [(b) Beginning July 1, 2009, the committee may not grant money in the restricted
1211 account to a local entity unless the local entity is in compliance with Phase II, wireless E-911
1212 service.]
1213 [(3) A local entity must deposit any money it receives from the committee into a
1214 special emergency telecommunications service fund in accordance with Subsection 69-2-5 (4).]
1215 [(4) For purposes of this part, "local entity" means a county, city, town, local district,
1216 special service district, or interlocal entity created under Title 11, Chapter 13, Interlocal
1217 Cooperation Act.]
1218 Section 20. Section 63H-7-307 , which is renumbered from Section 53-10-606 is
1219 renumbered and amended to read:
1220 [53-10-606]. 63H-7-307. Committee to report annually.
1221 (1) The committee shall submit an annual report to the Executive Offices and Criminal
1222 Justice Appropriations Subcommittee, which shall include:
1223 (a) the total aggregate surcharge collected by local entities and the state in the last
1224 fiscal year under Sections 69-2-5 and 69-2-5.6 ;
1225 (b) the amount of each disbursement from the restricted account;
1226 (c) the recipient of each disbursement and describing the project for which money was
1227 disbursed;
1228 (d) the conditions, if any, placed by the committee or the Division of Finance on
1229 disbursements from the restricted account;
1230 (e) the planned expenditures from the restricted account for the next fiscal year;
1231 (f) the amount of any unexpended funds carried forward;
1232 (g) a cost study to guide the Legislature towards necessary adjustments of both the
1233 Unified Statewide [Unified E-911] 911 Emergency Service Account and the monthly
1234 emergency services telephone charge imposed under Section 69-2-5 ; and

1235 (h) a progress report of local government implementation of [wireless and land-based
1236 E-911] 911 emergency services including:
1237 (i) a fund balance or balance sheet from each agency maintaining its own emergency
1238 telephone service fund;
1239 (ii) a report from each public safety answering point of annual call activity separating
1240 wireless and land-based 911 call volumes; and
1241 (iii) other relevant justification for ongoing support from the Unified Statewide
1242 [Unified E-911] 911 Emergency Service Account created by Section [ 53-10-603 ] 63H-7-304 .
1243 (2) (a) The committee may request information from a local entity as necessary to
1244 prepare the report required by this section.
1245 (b) A local entity imposing a levy under Section 69-2-5 or receiving a [grant]
1246 disbursement under Section [ 53-10-605 ] 63H-7-306 shall provide the information requested
1247 pursuant to Subsection (2)(a).
1248 Section 21. Section 63H-7-308 is enacted to read:
1249 63H-7-308. Radio Network Division.
1250 (1) There is created within the authority the Radio Network Division.
1251 (2) The technical operations manager of the Radio Network Division shall be
1252 appointed by the executive director with the approval of the board.
1253 (3) The Radio Network Division shall provide technical staff and support to the
1254 authority.
1255 Section 22. Section 63H-7-309 is enacted to read:
1256 63H-7-309. Office of Statewide Interoperability Coordinator.
1257 (1) There is created within the authority the Office of the Statewide Interoperability
1258 Coordinator.
1259 (2) The executive director shall appoint the statewide interoperability coordinator with
1260 the approval of the board.
1261 (3) The Office of the Statewide Interoperability Coordinator shall:
1262 (a) promote wireless technology information and interoperability among local, state,
1263 federal, and other agencies;
1264 (b) provide a mechanism for coordinating and resolving wireless communication issues
1265 among local, state, federal, and other agencies;

1266 (c) improve data and information sharing and coordination of multijurisdictional
1267 responses;
1268 (d) identify opportunities to consolidate infrastructures and technologies;
1269 (e) evaluate current technologies and determine if they are meeting the needs of agency
1270 personnel in respective service areas; and
1271 (f) create and maintain procedures for requesting interoperability channels.
1272 Section 23. Section 63H-7-310 is enacted to read:
1273 63H-7-310. Creation of Computer Aided Dispatch Restricted Account --
1274 Administration -- Use of money.
1275 (1) There is created a restricted account within the General Fund known as the
1276 "Computer Aided Dispatch Restricted Account," consisting of:
1277 (a) proceeds from the fee imposed in Section 69-2-5.5 ;
1278 (b) money appropriated or otherwise made available by the Legislature; and
1279 (c) contributions of money from federal agencies, political subdivisions of the state,
1280 persons, or corporations.
1281 (2) The money in this restricted account shall be used exclusively for the following
1282 statewide public purposes:
1283 (a) enhancing public safety as provided in this chapter; and
1284 (b) creating and maintaining a shared computer aided dispatch system including:
1285 (i) a single computer aided dispatch platform that will be selected, maintained, shared,
1286 or hosted on a statewide or regional basis;
1287 (ii) a single computer aided dispatch platform selected by a county of the first class,
1288 when:
1289 (A) authorized through an interlocal agreement between the county's two primary
1290 public safety answering points; and
1291 (B) the county's computer aided dispatch platform is capable of interfacing with the
1292 platform described in Subsection (2)(b)(i); and
1293 (iii) a statewide computer aided dispatch system data sharing platform to provide
1294 interoperability of systems.
1295 (3) Subject to appropriation, the Division of Finance may charge the administrative
1296 costs incurred in discharging the responsibilities imposed by this section.

1297 (4) (a) Subject to an annual legislative appropriation from the restricted account to the
1298 Division of Finance, the Division of Finance shall disburse the money in the fund, based on the
1299 authorization of the committee under Subsections (4)(b) and (c).
1300 (b) The Utah 911 Committee shall administer the development and maintenance of the
1301 shared computer aided dispatch system:
1302 (i) for state agencies and local entities; and
1303 (ii) where needed, to assist public agencies with the creation or integration and
1304 maintenance of the shared computer aided dispatch system.
1305 (c) The Utah 911 Committee shall:
1306 (i) annually report to the Division of Finance the committee's authorized disbursements
1307 from the restricted account;
1308 (ii) be responsible for the care, custody, safekeeping, collection, and accounting for
1309 disbursements; and
1310 (iii) submit an annual report to the Executive Offices and Criminal Justice
1311 Appropriations Subcommittee, which shall include:
1312 (A) the amount of each disbursement from the restricted account;
1313 (B) the recipient of each disbursement and a description of the project for which money
1314 was disbursed;
1315 (C) the conditions, if any, placed by the committee or the Division of Finance on
1316 disbursements from the amount appropriated from the restricted account;
1317 (D) the planned expenditures from the restricted account for the next fiscal year;
1318 (E) the amount of any unexpended funds carried forward; and
1319 (F) a progress report of implementation of a statewide computer aided dispatch system.
1320 (5) (a) The committee may request information from a public safety answering point as
1321 necessary to prepare the report required by this section.
1322 (b) A recipient under this section shall provide the information requested pursuant to
1323 Subsection (5)(a).
1324 Section 24. Section 63H-7-401 , which is renumbered from Section 63C-7-301 is
1325 renumbered and amended to read:
1326 Part 4. Bonding Authority
1327 [63C-7-301]. 63H-7-401. Bond authorized -- Payment -- Security --

1328 Liability -- Purpose -- Exemption from certain taxes.
1329 (1) The [Utah Communications Agency Network] authority may:
1330 (a) issue bonds from time to time for any of its corporate purposes provided in Section
1331 [ 63C-7-102 ] 63H-7-102 ;
1332 (b) issue refunding bonds for the purpose of paying or retiring bonds previously issued
1333 by it;
1334 (c) issue bonds on which the principal and interest are payable:
1335 (i) exclusively from the income, purchase or lease payments, and revenues of all or a
1336 portion of the communications network; or
1337 (ii) from its revenues generally.
1338 (2) Any bonds issued by the [Utah Communications Agency Network] authority may
1339 be additionally secured by a pledge of any loan, lease, grant, agreement, or contribution, in
1340 whole or in part, from the federal government or other source, or a pledge of any income or
1341 revenue of the [Utah Communications Agency Network] authority.
1342 (3) The officers of the [Utah Communications Agency Network] authority and any
1343 person executing the bonds are not liable personally on the bonds.
1344 (4) (a) The bonds and other obligations of the [Utah Communications Agency
1345 Network] authority are not a debt of any member or state representative of the [Utah
1346 Communications Agency Network] authority, and do not constitute indebtedness for purposes
1347 of any constitutional or statutory debt limitation or restrictions.
1348 (b) The face of the bonds and other obligations shall state the provisions of Subsection
1349 (4)(a).
1350 (5) Any bonds of the [Utah Communications Agency Network] authority shall be
1351 revenue obligations, payable solely from the proceeds, revenues, or purchase and lease
1352 payments received by the [Utah Communications Agency Network] authority for the
1353 communications network.
1354 (6) The full faith and credit of any member or state representative may not be pledged
1355 directly or indirectly for the payment of the bonds.
1356 (7) A member or state representative may not incur any pecuniary liability under this
1357 chapter until it enters into a service contract, lease, or other financing obligation with the [Utah
1358 Communications Agency Network] authority. Once a member enters into a service contract,

1359 lease, or other financing obligation with the [Utah Communications Agency Network]
1360 authority, the member shall be obligated to the [Utah Communications Agency Network]
1361 authority as provided in that contract, lease, or financing obligation.
1362 (8) A bond or obligation may not be made payable out of any funds or properties other
1363 than those of the [Utah Communications Agency Network] authority.
1364 (9) Bonds of the [Utah Communications Agency Network] authority are:
1365 (a) declared to be issued for an essential public and governmental purpose by public
1366 instrumentalities; and
1367 (b) together with interest and income, exempt from all taxes, except the corporate
1368 franchise tax.
1369 (10) The provisions of this chapter exempting the properties of the [Utah
1370 Communications Agency Network] authority and its bonds and interest and income on them
1371 from taxation shall be considered part of the contract for the security of bonds and have the
1372 force of contract, by virtue of this part and without the necessity of this being restated in the
1373 bonds, between the bondholders, including all transferees of the bonds, [and] the [Utah
1374 Communications Agency Network] authority and the state.
1375 Section 25. Section 63H-7-402 , which is renumbered from Section 63C-7-302 is
1376 renumbered and amended to read:
1377 [63C-7-302]. 63H-7-402. Bonds to be authorized by resolution -- Form --
1378 Sale -- Negotiability -- Validity presumed.
1379 (1) Bonds of the [Utah Communications Agency Network] authority shall:
1380 (a) be authorized by resolution of the [executive committee] board and may be issued
1381 in one or more series;
1382 (b) bear dates, mature, bear interest rates, be in denominations, be either coupon or
1383 registered, carry conversion or registration privileges, have rank or priority, be executed, and be
1384 payable; and
1385 (c) be subject to terms of redemption, with or without premium, as the resolution or its
1386 trust indenture provides.
1387 (2) The bonds may bear interest at a fixed or variable interest rate as the resolution
1388 provides. The resolution may establish a method, formula, or index pursuant to which the
1389 interest rate on the bonds may be determined from time to time.

1390 (3) In connection with the bonds, and on behalf of the [Utah Communications Agency
1391 Network, the executive committee] authority, the board may authorize and enter into
1392 agreements or other arrangements with financial, banking, and other institutions for letters of
1393 credit, standby letters of credit, surety bonds, reimbursement agreements, remarketing
1394 agreements, indexing agreements, tender agent agreements, and other agreements to secure the
1395 bonds, to enhance the marketability and creditworthiness of the bonds, to determine a fixed or
1396 variable interest rate on the bonds, and to pay from any legally available source, including the
1397 proceeds of the bonds, of fees, charges, and other amounts coming due with respect to any such
1398 agreements.
1399 (4) The bonds may be sold at public or private sale in a manner and at prices, either at,
1400 in excess of, or below par value as provided by resolution of the [executive committee] board.
1401 (5) If members or officers of the [Utah Communications Agency Network] authority
1402 whose signatures appear on bonds or coupons cease to be members or officers before the
1403 delivery of the bonds, their signatures are valid and sufficient for all purposes.
1404 (6) Any bonds issued under this part are fully negotiable.
1405 (7) In any suit, action, or proceeding involving the validity or enforceability of any
1406 bond of the [Utah Communications Agency Network] authority or the security for it, any bond
1407 reciting in substance that it has been issued by the [Utah Communications Agency Network]
1408 authority to aid in financing the communications network shall be conclusively considered to
1409 have been issued for such purposes, and the communications network shall be conclusively
1410 considered to have been planned, located, and carried out in accordance with this part.
1411 Section 26. Section 63H-7-403 , which is renumbered from Section 63C-7-303 is
1412 renumbered and amended to read:
1413 [63C-7-303]. 63H-7-403. Bonds and other obligations -- Additional
1414 powers of the authority.
1415 In connection with the issuance of bonds or the incurring of obligations under leases,
1416 and in order to secure the payment of bonds or obligations, the [Utah Communications Agency
1417 Network] authority, in addition to its other powers, may:
1418 (1) pledge all or any part of its gross or net rents, fees, or revenues to which its right
1419 then exists or may accrue in the future;
1420 (2) mortgage all or any part of its real or personal property owned or acquired in the

1421 future;
1422 (3) covenant against:
1423 (a) pledging all or any part of its rents, fees, and revenues;
1424 (b) mortgaging all or any part of its real or personal property to which its right or title
1425 then exists or accrues in the future;
1426 (c) permitting any lien on its revenues or property;
1427 (d) extending the time for the payment of its bonds or interest on them;
1428 (e) the use and disposition of the money held in the funds in Subsection (7); and
1429 (f) the use, maintenance, and replacement of any or all of its real or personal property;
1430 (4) covenant as to:
1431 (a) bonds to be issued;
1432 (b) the issuance of bonds in escrow or otherwise;
1433 (c) the use and disposition of the bond proceeds;
1434 (d) the insurance to be carried on the property in Subsection (3)(f) and the use and
1435 disposition of insurance money; and
1436 (e) the rights, liabilities, powers, and duties arising upon its breach of any covenant,
1437 condition, or obligation;
1438 (5) provide for the replacement of lost, destroyed, or mutilated bonds;
1439 (6) covenant for the redemption of the bonds and provide the terms and conditions for
1440 their redemption;
1441 (7) create or authorize the creation of special funds for money held for construction or
1442 operating costs, debt service, reserves, or other purposes; [and]
1443 (8) prescribe the procedure, if any, by which the terms of any contract with
1444 bondholders may be amended or abrogated, the number of bondholders of outstanding bonds
1445 which must consent to the action, and the manner in which consent shall be given;
1446 (9) covenant and prescribe as to events of default and terms and conditions upon which
1447 any or all of its bonds or obligations shall become or may be declared due before maturity, and
1448 as to the terms and conditions upon which such declaration and its consequences may be
1449 waived;
1450 (10) vest in any obligee of the [Utah Communications Agency Network] authority or
1451 any specified proportion of them the right:

1452 (a) to enforce the payment of bonds or any covenants securing or relating to the bonds;
1453 (b) after default by the [Utah Communications Agency Network] authority to:
1454 (i) take possession of and use, operate, and manage any facilities or any part of it or any
1455 funds connected with the facilities and funds, and collect the revenues arising from them; and
1456 (ii) dispose of the facilities and funds in accordance with the agreement with the [Utah
1457 Communications Agency Network] authority;
1458 (11) provide the:
1459 (a) powers and duties of an obligee and limit the obligee's liabilities; and
1460 (b) terms and conditions upon which the obligees may enforce any covenant or rights
1461 securing or relating to the bonds;
1462 (12) exercise all or any part or combination of the powers granted in this chapter;
1463 (13) perform any acts necessary, convenient, or desirable to secure its bonds; and
1464 (14) make any covenants or perform any acts calculated to make the bonds more
1465 marketable.
1466 Section 27. Section 63H-7-404 , which is renumbered from Section 63C-7-304 is
1467 renumbered and amended to read:
1468 [63C-7-304]. 63H-7-404. Reserve funds for debt service.
1469 (1) To assure the continued operation and solvency of the [Utah Communications
1470 Agency Network] authority for the carrying out of its purpose, the [Utah Communications
1471 Agency Network] authority may establish reserve funds necessary to secure the payment of
1472 debt service on its bonds.
1473 (2) The resolution authorizing the issuance of the bonds shall specify the minimum
1474 amount that is required to be on deposit in the reserve funds.
1475 (3) The chair shall annually, on or before December 1, certify to the governor, the
1476 director of finance, and to each member the amount, if any, required to restore the funds to
1477 their required funding levels.
1478 (4) (a) The governor may request from the Legislature an appropriation of the amount
1479 certified in Subsection (3) to restore the reserve funds to their required funding levels or to
1480 meet any projected principal or interest payment deficiency. Any amount appropriated shall be
1481 repaid to the General Fund of the state in excess of the amounts which the [executive
1482 committee] board determines will keep it self-supporting.

1483 (b) The [executive committee] board shall adjust the fees of the members so that the
1484 state is repaid for the amount appropriated in Subsection (4)(a) within 18 months after the state
1485 has paid the deficit.
1486 (5) The members are jointly responsible for 1/2 the amount certified in Subsection (3)
1487 to restore the reserve funds to their required funding levels. The [executive committee] board
1488 may request from each member money proportionate to their participation in the network to
1489 restore the funding level. Any amount paid by the members shall be proportionally repaid to
1490 them from 1/2 of any money in excess of the amounts which the [executive committee] board
1491 determines will keep it self-supporting.
1492 Section 28. Section 63H-7-405 , which is renumbered from Section 63C-7-305 is
1493 renumbered and amended to read:
1494 [63C-7-305]. 63H-7-405. Investment of the authority funds.
1495 The state treasurer shall invest all money held on deposit by or on behalf of the [Utah
1496 Communications Agency Network] authority. The [executive committee] board may provide
1497 advice to the state treasurer concerning investment of the money of the [Utah Communications
1498 Agency Network] authority.
1499 Section 29. Section 63H-7-406 , which is renumbered from Section 63C-7-306 is
1500 renumbered and amended to read:
1501 [63C-7-306]. 63H-7-406. Publication of notice, resolution, or other
1502 proceeding -- Period for contesting.
1503 (1) The [executive committee of the Utah Communications Agency Network] board
1504 may provide for the publication of any resolution or other proceedings adopted under this
1505 chapter:
1506 (a) in a newspaper of general circulation within the state; and
1507 (b) as required in Section 45-1-101 .
1508 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
1509 [executive committee] board may, in lieu of publishing the entire resolution or other
1510 proceeding, publish a notice of bonds to be issued containing:
1511 (a) the name of the issuer;
1512 (b) the purpose of the issue;
1513 (c) the type of bonds and the maximum principal amount which may be issued;

1514 (d) the maximum number of years over which the bonds may mature;
1515 (e) the maximum interest rate which the bonds may bear, if any;
1516 (f) the maximum discount from par, expressed as a percentage of principal amount, at
1517 which the bonds may be sold; and
1518 (g) the times and place where a copy of the resolution or other proceeding may be
1519 examined, which shall be at the principal office of the [Utah Communications Agency
1520 Network] authority during regular business hours and for a period of at least 30 days after the
1521 publication of the notice.
1522 (3) For a period of 30 days after the publication, any person in interest may contest the
1523 legality of the resolution or proceeding, any bonds which may be authorized by the resolution
1524 or proceeding, or any provision made for the security and payment of the bonds by filing a
1525 pleading with the district court for the city in which the [Utah Communications Network]
1526 authority maintains its principal office.
1527 Section 30. Section 63H-7-501 , which is renumbered from Section 63C-7-208 is
1528 renumbered and amended to read:
1529 Part 5. General Provisions
1530 [63C-7-208]. 63H-7-501. Property and funds of the authority declared
1531 public property -- Exemption from taxes.
1532 (1) The property and funds of the [Utah Communications Agency Network] authority
1533 are declared to be public property used for essential public and governmental purposes.
1534 (2) The property and the [Utah Communications Agency Network] authority are
1535 exempt from all taxes and special assessments of any public body. This tax exemption does
1536 not apply to any portion of a project used for a profit-making enterprise.
1537 Section 31. Section 63H-7-502 , which is renumbered from Section 63C-7-209 is
1538 renumbered and amended to read:
1539 [63C-7-209]. 63H-7-502. Term of the authority -- Dissolution --
1540 Withdrawal.
1541 (1) (a) The [Utah Communications Agency Network] authority may be dissolved by [a
1542 vote of 3/4 of all the members of the board or by] an act of the Legislature.
1543 (b) Title to all assets of the [Utah Communications Agency Network] authority upon
1544 its dissolution shall revert to the members and the state pro rata, based upon the total amount of

1545 money paid to the [Utah Communications Agency Network] authority by each member or the
1546 state for services provided to each by the communications network.
1547 (c) The board is authorized to:
1548 (i) take any necessary action to dissolve the [Utah Communications Agency Network]
1549 authority; and
1550 (ii) dispose of the property of the [Utah Communications Agency Network] authority
1551 upon its dissolution as provided in Subsection (1)(b).
1552 (2) (a) Each member may, at any time, withdraw as a member of the [Utah
1553 Communications Agency Network] authority by delivering to the [executive committee] board
1554 a written notice of withdrawal which has been approved by the governing body of the member,
1555 except that a member may not withdraw from the [Utah Communications Agency Network]
1556 authority at any time during which it has an outstanding payment obligation to the [Utah
1557 Communications Agency Network] authority as a result of having entered into a service
1558 contract, lease, or other financial obligation.
1559 (b) Except as provided in Subsection (2)(a), the [executive committee] board shall
1560 delete the petitioning member from the membership of the [Utah Communications Agency
1561 Network] authority as of the date of the [executive committee's] board's receipt of the
1562 member's notice of withdrawal. The [executive committee] board may not include a member
1563 who has given notice of withdrawal in any future obligation of the [Utah Communications
1564 Agency Network] authority.
1565 Section 32. Section 63H-7-503 , which is renumbered from Section 63C-7-210 is
1566 renumbered and amended to read:
1567 [63C-7-210]. 63H-7-503. Relation to certain acts -- Participation in Risk
1568 Management Fund.
1569 (1) The [Utah Communications Agency Network] Utah Communications Authority is
1570 exempt from:
1571 (a) Title 63J, Chapter 1, Budgetary Procedures Act;
1572 (b) Title 63A, Utah Administrative Services Code, except as provided in Section
1573 63A-4-205.5 ;
1574 (c) Title 63G, Chapter 6a, Utah Procurement Code;
1575 (d) Title 63G, Chapter 4, Administrative Procedures Act; and

1576 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
1577 (2) The board shall adopt budgetary procedures, accounting, procurement, and
1578 personnel policies substantially similar to those from which they have been exempted in
1579 Subsection (1).
1580 (3) Subject to the requirements of Subsection 63E-1-304 (2), the administration may
1581 participate in coverage under the Risk Management Fund created by Section 63A-4-201 .
1582 Section 33. Section 63H-7-504 , which is renumbered from Section 63C-7-211 is
1583 renumbered and amended to read:
1584 [63C-7-211]. 63H-7-504. Annual report to governor and Legislature --
1585 Contents -- Audit by state auditor -- Reimbursement for costs.
1586 (1) The [Utah Communications Agency Network] authority shall, following the close
1587 of each fiscal year, submit an annual report of its activities for the preceding year to the
1588 governor and the Legislature. Each report shall set forth a complete operating and financial
1589 statement of the agency during the fiscal year it covers.
1590 (2) The state auditor shall at least once in each year audit the books and accounts of the
1591 [Utah Communications Agency Network] authority or shall contract with an independent
1592 certified public accountant for this audit. The audit shall include a review of the procedures
1593 adopted under the requirements of Subsection [ 63C-7-210 ] 63H-7-503 (2) and a determination
1594 as to whether the board has complied with the requirements of Subsection [ 63C-7-210 ]
1595 63H-7-503 (2).
1596 (3) The [Utah Communications Agency Network] authority shall reimburse the state
1597 auditor from available money of the [Utah Communications Agency Network] authority for the
1598 actual and necessary costs of that audit.
1599 Section 34. Section 63I-1-269 is amended to read:
1600 63I-1-269. Repeal dates, Title 69.
1601 Section 69-2-5.6 , Emergency services telecommunications charge to fund unified
1602 statewide [unified E-911] 911 emergency service, is repealed July 1, 2021.
1603 Section 35. Section 63I-4a-102 is amended to read:
1604 63I-4a-102. Definitions.
1605 (1) (a) "Activity" means to provide a good or service.
1606 (b) "Activity" includes to:

1607 (i) manufacture a good or service;
1608 (ii) process a good or service;
1609 (iii) sell a good or service;
1610 (iv) offer for sale a good or service;
1611 (v) rent a good or service;
1612 (vi) lease a good or service;
1613 (vii) deliver a good or service;
1614 (viii) distribute a good or service; or
1615 (ix) advertise a good or service.
1616 (2) (a) Except as provided in Subsection (2)(b), "agency" means:
1617 (i) the state; or
1618 (ii) an entity of the state including a department, office, division, authority,
1619 commission, or board.
1620 (b) "Agency" does not include:
1621 (i) the Legislature;
1622 (ii) an entity or agency of the Legislature;
1623 (iii) the state auditor;
1624 (iv) the state treasurer;
1625 (v) the Office of the Attorney General;
1626 (vi) the Dairy Commission created in Title 4, Chapter 22, Dairy Promotion Act;
1627 (vii) the Utah Science Center Authority created in Title 63H, Chapter 3, Utah Science
1628 Center Authority;
1629 (viii) the Heber Valley Railroad Authority created in Title 63H, Chapter 4, Heber
1630 Valley Historic Railroad Authority;
1631 (ix) the Utah State Railroad Museum Authority created in Title 63H, Chapter 5, Utah
1632 State Railroad Museum Authority;
1633 (x) the Utah Housing Corporation created in Title 35A, Chapter 8, Part 7, Utah
1634 Housing Corporation Act;
1635 (xi) the Utah State Fair Corporation created in Title 63H, Chapter 6, Utah State Fair
1636 Corporation Act;
1637 (xii) the Workers' Compensation Fund created in Title 31A, Chapter 33, Workers'

1638 Compensation Fund;
1639 (xiii) the Utah State Retirement Office created in Title 49, Chapter 11, Utah State
1640 Retirement Systems Administration;
1641 (xiv) a charter school chartered by the State Charter School Board or a board of
1642 trustees of a higher education institution under Title 53A, Chapter 1a, Part 5, The Utah Charter
1643 Schools Act;
1644 (xv) the Utah Schools for the Deaf and the Blind created in Title 53A, Chapter 25b,
1645 Utah Schools for the Deaf and the Blind;
1646 (xvi) an institution of higher education as defined in Section 53B-3-102 ;
1647 (xvii) the School and Institutional Trust Lands Administration created in Title 53C,
1648 Chapter 1, Part 2, School and Institutional Trust Lands Administration;
1649 (xviii) the [Utah Communications Agency Network] Utah Communications Authority
1650 created in Title [63C] 63H, Chapter 7, [Utah Communications Agency Network] Utah
1651 Communications Authority Act; or
1652 (xix) the Utah Capital Investment Corporation created in Title 63M, Chapter 1, Part 12,
1653 Utah Venture Capital Enhancement Act.
1654 (3) "Agency head" means the chief administrative officer of an agency.
1655 (4) "Board" means the Free Market Protection and Privatization Board created in
1656 Section 63I-4a-202 .
1657 (5) "Commercial activity" means to engage in an activity that can be obtained in whole
1658 or in part from a private enterprise.
1659 (6) "Local entity" means:
1660 (a) a political subdivision of the state, including a:
1661 (i) county;
1662 (ii) city;
1663 (iii) town;
1664 (iv) local school district;
1665 (v) local district; or
1666 (vi) special service district;
1667 (b) an agency of an entity described in this Subsection (6), including a department,
1668 office, division, authority, commission, or board; or

1669 (c) an entity created by an interlocal cooperative agreement under Title 11, Chapter 13,
1670 Interlocal Cooperation Act, between two or more entities described in this Subsection (6).
1671 (7) "Private enterprise" means a person that engages in an activity for profit.
1672 (8) "Privatize" means that an activity engaged in by an agency is transferred so that a
1673 private enterprise engages in the activity, including a transfer by:
1674 (a) contract;
1675 (b) transfer of property; or
1676 (c) another arrangement.
1677 (9) "Special district" means:
1678 (a) a local district, as defined in Section 17B-1-102 ;
1679 (b) a special service district, as defined in Section 17D-1-102 ; or
1680 (c) a conservation district, as defined in Section 17D-3-102 .
1681 Section 36. Section 63J-1-201 is amended to read:
1682 63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
1683 -- Appropriations based on current tax laws and not to exceed estimated revenues.
1684 (1) The governor shall deliver, not later than 30 days before the date the Legislature
1685 convenes in the annual general session, a confidential draft copy of the governor's proposed
1686 budget recommendations to the Office of the Legislative Fiscal Analyst according to the
1687 requirements of this section.
1688 (2) (a) When submitting a proposed budget, the governor shall, within the first three
1689 days of the annual general session of the Legislature, submit to the presiding officer of each
1690 house of the Legislature:
1691 (i) a proposed budget for the ensuing fiscal year;
1692 (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
1693 with each change clearly itemized and classified; and
1694 (iii) as applicable, a document showing proposed changes in estimated revenues that
1695 are based on changes in state tax laws or rates.
1696 (b) The proposed budget shall include:
1697 (i) a projection of the total estimated revenues, including estimated receipts of federal
1698 funds, and appropriations for the next fiscal year;
1699 (ii) the source of changes to all direct, indirect, and in-kind matching funds for all

1700 federal grants or assistance programs included in the budget;
1701 (iii) a plan of proposed changes to appropriations and estimated revenues for the next
1702 fiscal year that is based upon the current fiscal year state tax laws and rates and considers
1703 projected changes in federal grants or assistance programs included in the budget;
1704 (iv) an itemized estimate of the proposed changes to appropriations for:
1705 (A) the Legislative Department as certified to the governor by the president of the
1706 Senate and the speaker of the House;
1707 (B) the Executive Department;
1708 (C) the Judicial Department as certified to the governor by the state court
1709 administrator;
1710 (D) changes to salaries payable by the state under the Utah Constitution or under law
1711 for lease agreements planned for the next fiscal year; and
1712 (E) all other changes to ongoing or one-time appropriations, including dedicated
1713 credits, restricted funds, nonlapsing balances, grants, and federal funds;
1714 (v) for each line item, the average annual dollar amount of staff funding associated
1715 with all positions that were vacant during the last fiscal year;
1716 (vi) deficits or anticipated deficits;
1717 (vii) the recommendations for each state agency for new full-time employees for the
1718 next fiscal year, which shall also be provided to the State Building Board as required by
1719 Subsection 63A-5-103 (2);
1720 (viii) any explanation that the governor may desire to make as to the important features
1721 of the budget and any suggestion as to methods for the reduction of expenditures or increase of
1722 the state's revenue; and
1723 (ix) information detailing certain fee increases as required by Section 63J-1-504 .
1724 (3) For the purpose of preparing and reporting the proposed budget:
1725 (a) The governor shall require the proper state officials, including all public and higher
1726 education officials, all heads of executive and administrative departments and state institutions,
1727 bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
1728 state money, and all institutions applying for state money and appropriations, to provide
1729 itemized estimates of changes in revenues and appropriations.
1730 (b) The governor may require the persons and entities subject to Subsection (3)(a) to

1731 provide other information under these guidelines and at times as the governor may direct,
1732 which may include a requirement for program productivity and performance measures, where
1733 appropriate, with emphasis on outcome indicators.
1734 (c) The governor may require representatives of public and higher education, state
1735 departments and institutions, and other institutions or individuals applying for state
1736 appropriations to attend budget meetings.
1737 (4) In submitting the budgets for the Departments of Health and Human Services and
1738 the Office of the Attorney General, the governor shall consider a separate recommendation in
1739 the governor's budget for changes in funds to be contracted to:
1740 (a) local mental health authorities under Section 62A-15-110 ;
1741 (b) local substance abuse authorities under Section 62A-15-110 ;
1742 (c) area agencies under Section 62A-3-104.2 ;
1743 (d) programs administered directly by and for operation of the Divisions of Substance
1744 Abuse and Mental Health and Aging and Adult Services;
1745 (e) local health departments under Title 26A, Chapter 1, Local Health Departments;
1746 and
1747 (f) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
1748 (5) (a) In making budget recommendations, the governor shall consider an amount
1749 sufficient to grant the following entities the same percentage increase for wages and benefits
1750 that the governor includes in the governor's budget for persons employed by the state:
1751 (i) local health departments, local mental health authorities, local substance abuse
1752 authorities, and area agencies;
1753 (ii) local conservation districts and Utah Association of Conservation District
1754 employees, as related to the budget for the Department of Agriculture; and
1755 (iii) employees of corporations that provide direct services under contract with:
1756 (A) the Utah State Office of Rehabilitation and the Division of Services for People
1757 with Disabilities;
1758 (B) the Division of Child and Family Services; and
1759 (C) the Division of Juvenile Justice Services within the Department of Human
1760 Services.
1761 (b) If the governor does not include in the governor's budget an amount sufficient to

1762 grant an increase for any entity described in Subsection (5)(a), the governor shall include a
1763 message to the Legislature regarding the governor's reason for not including that amount.
1764 (6) The governor shall include in the governor's budget the state's portion of the budget
1765 for the [Utah Communications Agency Network] Utah Communications Authority established
1766 in Title [63C] 63H, Chapter 7, [Utah Communications Agency Network] Utah
1767 Communications Authority Act.
1768 (7) (a) The governor shall include a separate recommendation in the governor's budget
1769 for funds to maintain the operation and administration of the Utah Comprehensive Health
1770 Insurance Pool. In making the recommendation, the governor may consider:
1771 (i) actuarial analysis of growth or decline in enrollment projected over a period of at
1772 least three years;
1773 (ii) actuarial analysis of the medical and pharmacy claims costs projected over a period
1774 of at least three years;
1775 (iii) the annual Medical Care Consumer Price Index;
1776 (iv) the annual base budget for the pool established by the Business, Economic
1777 Development, and Labor Appropriations Subcommittee for each fiscal year;
1778 (v) the growth or decline in insurance premium taxes and fees collected by the State
1779 Tax Commission and the Insurance Department; and
1780 (vi) the availability of surplus General Fund revenue under Section 63J-1-312 and
1781 Subsection 59-14-204 (5).
1782 (b) In considering the factors in Subsections (7)(a)(i), (ii), and (iii), the governor may
1783 consider the actuarial data and projections prepared for the board of the Utah Comprehensive
1784 Health Insurance Pool as it develops the governor's financial statements and projections for
1785 each fiscal year.
1786 (8) (a) In submitting the budget for the Department of Public Safety, the governor shall
1787 include a separate recommendation in the governor's budget for maintaining a sufficient
1788 number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
1789 or below the number specified in Subsection 32B-1-201 (2).
1790 (b) If the governor does not include in the governor's budget an amount sufficient to
1791 maintain the number of alcohol-related law enforcement officers described in Subsection
1792 (8)(a), the governor shall include a message to the Legislature regarding the governor's reason

1793 for not including that amount.
1794 (9) (a) The governor may revise all estimates, except those relating to the Legislative
1795 Department, the Judicial Department, and those providing for the payment of principal and
1796 interest to the state debt and for the salaries and expenditures specified by the Utah
1797 Constitution or under the laws of the state.
1798 (b) The estimate for the Judicial Department, as certified by the state court
1799 administrator, shall also be included in the budget without revision, but the governor may make
1800 separate recommendations on the estimate.
1801 (10) The total appropriations requested for expenditures authorized by the budget may
1802 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
1803 fiscal year.
1804 (11) If any item of the budget as enacted is held invalid upon any ground, the invalidity
1805 does not affect the budget itself or any other item in it.
1806 Section 37. Section 63J-7-102 is amended to read:
1807 63J-7-102. Scope and applicability of chapter.
1808 (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
1809 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
1810 this chapter apply to each agency and govern each grant received on or after May 5, 2008.
1811 (2) This chapter does not govern:
1812 (a) a grant deposited into a General Fund restricted account;
1813 (b) a grant deposited into a Trust and Agency Fund as defined in Section 51-5-4 ;
1814 (c) a grant deposited into an Enterprise Fund as defined in Section 51-5-4 ;
1815 (d) a grant made to the state without a restriction or other designated purpose that is
1816 deposited into the General Fund as free revenue;
1817 (e) a grant made to the state that is restricted only to "education" and that is deposited
1818 into the Education Fund or Uniform School Fund as free revenue;
1819 (f) in-kind donations;
1820 (g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
1821 when required by state law or application of state law;
1822 (h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
1823 Contribution Act;

1824 (i) a grant received by an agency from another agency or political subdivision;
1825 (j) a grant to the Dairy Commission created in Title 4, Chapter 22, Dairy Promotion
1826 Act;
1827 (k) a grant to the Utah Science Center Authority created in Title 63H, Chapter 3, Utah
1828 Science Center Authority;
1829 (l) a grant to the Heber Valley Railroad Authority created in Title 63H, Chapter 4,
1830 Heber Valley Historic Railroad Authority;
1831 (m) a grant to the Utah State Railroad Museum Authority created in Title 63H, Chapter
1832 5, Utah State Railroad Museum Authority;
1833 (n) a grant to the Utah Housing Corporation created in Title 35A, Chapter 8, Part 7,
1834 Utah Housing Corporation Act;
1835 (o) a grant to the Utah State Fair Corporation created in Title 63H, Chapter 6, Utah
1836 State Fair Corporation Act;
1837 (p) a grant to the Workers' Compensation Fund created in Title 31A, Chapter 33,
1838 Workers' Compensation Fund;
1839 (q) a grant to the Utah State Retirement Office created in Title 49, Chapter 11, Utah
1840 State Retirement Systems Administration;
1841 (r) a grant to the School and Institutional Trust Lands Administration created in Title
1842 53C, Chapter 1, Part 2, School and Institutional Trust Lands Administration;
1843 (s) a grant to the [Utah Communications Agency Network] Utah Communications
1844 Authority created in Title [63C] 63H, Chapter 7, [Utah Communications Agency Network]
1845 Utah Communications Authority Act;
1846 (t) a grant to the Medical Education Program created in Section 53B-24-202 ;
1847 (u) a grant to the Utah Capital Investment Corporation created in Title 63M, Chapter 1,
1848 Part 12, Utah Venture Capital Enhancement Act;
1849 (v) a grant to the Utah Charter School Finance Authority created in Section
1850 53A-20b-103 ;
1851 (w) a grant to the State Building Ownership Authority created in Section 63B-1-304 ;
1852 (x) a grant to the Utah Comprehensive Health Insurance Pool created in Section
1853 31A-29-104 ; or
1854 (y) a grant to the Military Installation Development Authority created in Section

1855 63H-1-201 .
1856 (3) An agency need not seek legislative review or approval of grants under Part 2,
1857 Grant Approval Requirements, if:
1858 (a) the governor has declared a state of emergency; and
1859 (b) the grant is donated to the agency to assist victims of the state of emergency under
1860 Subsection 53-2a-204 (1).
1861 Section 38. Section 69-2-2 is amended to read:
1862 69-2-2. Definitions.
1863 As used in this chapter:
1864 (1) "911 emergency [telephone] service" means a unified statewide communication
1865 system which provides citizens with rapid direct access to public [emergency operation centers
1866 by dialing the telephone number] safety answering points by accessing "911" with the objective
1867 of reducing the response time to situations requiring law enforcement, fire, medical, rescue,
1868 and other emergency services.
1869 (2) "Local exchange service" means the provision of public telecommunications
1870 services by a wireline common carrier to customers within a geographic area encompassing one
1871 or more local communities as described in the carrier's service territory maps, tariffs, price
1872 lists, or rate schedules filed with and approved by the Public Service Commission.
1873 (3) "Local exchange service switched access line" means the transmission facility and
1874 local switching equipment used by a wireline common carrier to connect a customer location to
1875 a carrier's local exchange switching network for providing two-way interactive voice, or voice
1876 capable, services.
1877 (4) "Mobile telecommunications service" is as defined in Section 54-8b-2 .
1878 (5) "Public agency" means any county, city, town, special service district, or public
1879 authority located within the state which provides or has authority to provide fire fighting, law
1880 enforcement, ambulance, medical, or other emergency services.
1881 (6) "Public safety agency" means a functional division of a public agency which
1882 provides fire fighting, law enforcement, medical, or other emergency services.
1883 (7) "Public safety answering point" means a facility that:
1884 (a) is equipped and staffed under the authority of a political subdivision; and
1885 (b) receives 911 [calls] communications, other calls for emergency services, and

1886 asynchronous event notifications for a defined geographic area.
1887 (8) "Radio communications access line" means the radio equipment and assigned
1888 customer identification number used to connect a mobile or fixed radio customer in Utah to a
1889 radio communication service provider's network for two-way interactive voice, or voice
1890 capable, services.
1891 (9) "Radio communications service" means a public telecommunications service
1892 providing the capability of two-way interactive telecommunications between mobile and fixed
1893 radio customers, and between mobile or fixed radio customers and the local exchange service
1894 network customers of a wireline common carrier. Radio communications service providers
1895 include corporations, persons or entities offering cellular telephone service, enhanced
1896 specialized mobile radio service, rural radio service, radio common carrier services, personal
1897 communications services, and any equivalent wireless public telecommunications service, as
1898 defined in 47 CFR, parts 20, 22, 24, and 90.
1899 (10) "Wireline common carrier" means a public telecommunications service provider
1900 that primarily uses metallic or nonmetallic cables and wires for connecting customers to its
1901 local exchange service networks.
1902 Section 39. Section 69-2-3 is amended to read:
1903 69-2-3. 911 service -- Establishment.
1904 The governing authority of any public agency may establish a 911 emergency
1905 [telephone] service to provide service to any part or all of the territory lying within the
1906 geographical area of such public agency and may join with the governing authority of any other
1907 public agency to provide 911 emergency [telephone] service to any part or all of the territory
1908 lying within their respective jurisdictions. A county may provide 911 emergency [telephone]
1909 service within other public safety agency jurisdictions only upon agreement with the governing
1910 authority of such public safety agency.
1911 Section 40. Section 69-2-4 is amended to read:
1912 69-2-4. Administration.
1913 The administration of the 911 emergency [telephone] system shall be provided by the
1914 governing authority of the public agency establishing 911 emergency [telephone] service either
1915 directly or by the appointment of employees of the public agency as directed by the governing
1916 authority, except that any 911 emergency [telephone] service established by a special service

1917 district shall be administered as set forth in Title 17D, Chapter 1, Special Service District Act.
1918 Section 41. Section 69-2-5 is amended to read:
1919 69-2-5. Funding for 911 emergency service -- Administrative charge.
1920 (1) In providing funding of 911 emergency [telecommunications] service, any public
1921 agency establishing a 911 emergency [telecommunications] service may:
1922 (a) seek assistance from the federal or state government, to the extent constitutionally
1923 permissible, in the form of loans, advances, grants, subsidies, and otherwise, directly or
1924 indirectly;
1925 (b) seek funds appropriated by local governmental taxing authorities for the funding of
1926 public safety agencies; and
1927 (c) seek gifts, donations, or grants from individuals, corporations, or other private
1928 entities.
1929 (2) For purposes of providing funding of 911 emergency [telecommunications] service,
1930 special service districts may raise funds as provided in Section 17D-1-105 and may borrow
1931 money and incur indebtedness as provided in Section 17D-1-103 .
1932 (3) (a) Except as provided in Subsection (3)(b) and subject to the other provisions of
1933 this Subsection (3) a county, city, or town within which 911 emergency [telecommunications]
1934 service is provided may levy a monthly [an] 911 emergency services [telecommunications]
1935 charge on:
1936 (i) each local exchange service switched access line within the boundaries of the
1937 county, city, or town;
1938 (ii) each revenue producing radio communications access line with a billing address
1939 within the boundaries of the county, city, or town; and
1940 (iii) any other service, including voice over Internet protocol, provided to a user within
1941 the boundaries of the county, city, or town that allows the user to make calls to and receive
1942 calls from the public switched telecommunications network, including commercial mobile
1943 radio service networks.
1944 (b) Notwithstanding Subsection (3)(a), an access line provided for public coin
1945 telecommunications service is exempt from 911 emergency [telecommunications] service
1946 charges.
1947 (c) The amount of the charge levied under this section may not exceed:

1948 (i) 61 cents per month for each local exchange service switched access line;
1949 (ii) 61 cents per month for each radio communications access line; and
1950 (iii) 61 cents per month for each service under Subsection (3)(a)(iii).
1951 (d) (i) For purposes of this Subsection (3)(d) the following terms shall be defined as
1952 provided in Section 59-12-102 or 59-12-215 :
1953 (A) "mobile telecommunications service";
1954 (B) "place of primary use";
1955 (C) "service address"; and
1956 (D) "telecommunications service."
1957 (ii) An access line described in Subsection (3)(a) is considered to be within the
1958 boundaries of a county, city, or town if the telecommunications services provided over the
1959 access line are located within the county, city, or town:
1960 (A) for purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax
1961 Act; and
1962 (B) determined in accordance with Section 59-12-215 .
1963 (iii) The rate imposed on an access line under this section shall be determined in
1964 accordance with Subsection (3)(d)(iv) if the location of an access line described in Subsection
1965 (3)(a) is determined under Subsection (3)(d)(ii) to be a county, city, or town other than county,
1966 city, or town in which is located:
1967 (A) for a telecommunications service, the purchaser's service address; or
1968 (B) for mobile telecommunications service, the purchaser's place of primary use.
1969 (iv) The rate imposed on an access line under this section shall be the lower of:
1970 (A) the rate imposed by the county, city, or town in which the access line is located
1971 under Subsection (3)(d)(ii); or
1972 (B) the rate imposed by the county, city, or town in which it is located:
1973 (I) for telecommunications service, the purchaser's service address; or
1974 (II) for mobile telecommunications service, the purchaser's place of primary use.
1975 (e) (i) A county, city, or town shall notify the Public Service Commission of the intent
1976 to levy the charge under this Subsection (3) at least 30 days before the effective date of the
1977 charge being levied.
1978 (ii) For purposes of this Subsection (3)(e):

1979 (A) "Annexation" means an annexation to:
1980 (I) a city or town under Title 10, Chapter 2, Part 4, Annexation; or
1981 (II) a county under Title 17, Chapter 2, County Consolidations and Annexations.
1982 (B) "Annexing area" means an area that is annexed into a county, city, or town.
1983 (iii) (A) Except as provided in Subsection (3)(e)(iii)(C) or (D), if [on or after July 1,
1984 2003,] a county, city, or town enacts or repeals a charge or changes the amount of the charge
1985 under this section, the enactment, repeal, or change shall take effect:
1986 (I) on the first day of a calendar quarter; and
1987 (II) after a 90-day period beginning on the date the State Tax Commission receives
1988 notice meeting the requirements of Subsection (3)(e)(iii)(B) from the county, city, or town.
1989 (B) The notice described in Subsection (3)(e)(iii)(A) shall state:
1990 (I) that the county, city, or town will enact or repeal a charge or change the amount of
1991 the charge under this section;
1992 (II) the statutory authority for the charge described in Subsection (3)(e)(iii)(B)(I);
1993 (III) the effective date of the charge described in Subsection (3)(e)(iii)(B)(I); and
1994 (IV) if the county, city, or town enacts the charge or changes the amount of the charge
1995 described in Subsection (3)(e)(iii)(B)(I), the amount of the charge.
1996 (C) Notwithstanding Subsection (3)(e)(iii)(A), the enactment of a charge or a charge
1997 increase under this section shall take effect on the first day of the first billing period:
1998 (I) that begins after the effective date of the enactment of the charge or the charge
1999 increase; and
2000 (II) if the billing period for the charge begins before the effective date of the enactment
2001 of the charge or the charge increase imposed under this section.
2002 (D) Notwithstanding Subsection (3)(e)(iii)(A), the repeal of a charge or a charge
2003 decrease under this section shall take effect on the first day of the last billing period:
2004 (I) that began before the effective date of the repeal of the charge or the charge
2005 decrease; and
2006 (II) if the billing period for the charge begins before the effective date of the repeal of
2007 the charge or the charge decrease imposed under this section.
2008 (iv) (A) Except as provided in Subsection (3)(e)(iv)(C) or (D), if [for an annexation
2009 that occurs on or after July 1, 2003,] the annexation will result in the enactment, repeal, or a

2010 change in the amount of a charge imposed under this section for an annexing area, the
2011 enactment, repeal, or change shall take effect:
2012 (I) on the first day of a calendar quarter; and
2013 (II) after a 90-day period beginning on the date the State Tax Commission receives
2014 notice meeting the requirements of Subsection (3)(e)(iv)(B) from the county, city, or town that
2015 annexes the annexing area.
2016 (B) The notice described in Subsection (3)(e)(iv)(A) shall state:
2017 (I) that the annexation described in Subsection (3)(e)(iv)(A) will result in an
2018 enactment, repeal, or a change in the charge being imposed under this section for the annexing
2019 area;
2020 (II) the statutory authority for the charge described in Subsection (3)(e)(iv)(B)(I);
2021 (III) the effective date of the charge described in Subsection (3)(e)(iv)(B)(I); and
2022 (IV) if the county, city, or town enacts the charge or changes the amount of the charge
2023 described in Subsection (3)(e)(iv)(B)(I), the amount of the charge.
2024 (C) Notwithstanding Subsection (3)(e)(iv)(A), the enactment of a charge or a charge
2025 increase under this section shall take effect on the first day of the first billing period:
2026 (I) that begins after the effective date of the enactment of the charge or the charge
2027 increase; and
2028 (II) if the billing period for the charge begins before the effective date of the enactment
2029 of the charge or the charge increase imposed under this section.
2030 (D) Notwithstanding Subsection (3)(e)(iv)(A), the repeal of a charge or a charge
2031 decrease under this section shall take effect on the first day of the last billing period:
2032 (I) that began before the effective date of the repeal of the charge or the charge
2033 decrease; and
2034 (II) if the billing period for the charge begins before the effective date of the repeal of
2035 the charge or the charge decrease imposed under this section.
2036 (f) Subject to Subsection (3)(g), [an] a 911 emergency services [telecommunications]
2037 charge levied under this section shall:
2038 (i) be billed and collected by the person that provides the:
2039 (A) local exchange service switched access line services; or
2040 (B) radio communications access line services; and

2041 (ii) except for costs retained under Subsection (3)(h), remitted to the State Tax
2042 Commission.
2043 (g) [An] A 911 emergency services [telecommunications] charge on a mobile
2044 telecommunications service may be levied, billed, and collected only to the extent permitted by
2045 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
2046 (h) The person that bills and collects the charges levied under Subsection (3)(f) may:
2047 (i) bill the charge imposed by this section in combination with the charge levied under
2048 Section 69-2-5.6 as one line item charge; and
2049 (ii) retain an amount not to exceed 1.5% of the levy collected under this section as
2050 reimbursement for the cost of billing, collecting, and remitting the levy.
2051 (i) The State Tax Commission shall[: (i)] collect, enforce, and administer the charge
2052 imposed under this Subsection (3) using the same procedures used in the administration,
2053 collection, and enforcement of the state sales and use taxes under:
2054 [(A)] (i) Title 59, Chapter 1, General Taxation Policies; and
2055 [(B)] (ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
2056 [(I)] (A) Section 59-12-104 ;
2057 [(II)] (B) Section 59-12-104.1 ;
2058 [(III)] (C) Section 59-12-104.2 ;
2059 (D) Section 59-12-104.6 ;
2060 [(IV)] (E) Section 59-12-107.1 ; and
2061 [(V)] (F) Section 59-12-123 [; and].
2062 [(ii)] (j) The State Tax Commission shall transmit money collected under this
2063 Subsection (3) monthly by electronic funds transfer to the county, city, or town that imposes
2064 the charge.
2065 [(j)] (k) A person that pays a charge under this section shall pay the charge to the
2066 commission:
2067 (i) monthly on or before the last day of the month immediately following the last day of
2068 the previous month if:
2069 (A) the person is required to file a sales and use tax return with the commission
2070 monthly under Section 59-12-108 ; or
2071 (B) the person is not required to file a sales and use tax return under Title 59, Chapter

2072 12, Sales and Use Tax Act; or
2073 (ii) quarterly on or before the last day of the month immediately following the last day
2074 of the previous quarter if the person is required to file a sales and use tax return with the
2075 commission quarterly under Section 59-12-107 .
2076 [(k)] (l) A charge a person pays under this section shall be paid using a form prescribed
2077 by the State Tax Commission.
2078 [(l)] (m) The State Tax Commission shall retain and deposit an administrative charge
2079 in accordance with Section 59-1-306 from the revenues the State Tax Commission collects
2080 from a charge under this section.
2081 [(m)] (n) A charge under this section is subject to Section 69-2-5.8 .
2082 (4) (a) Any money received by a public agency for the provision of 911 emergency
2083 [telecommunications] service shall be deposited in a special emergency telecommunications
2084 service fund.
2085 (b) (i) Except as provided in Subsection (5)(b), the money in the 911 emergency
2086 [telecommunications] service fund shall be expended by the public agency to pay the costs of:
2087 (A) establishing, installing, maintaining, and operating a 911 emergency
2088 [telecommunications] service system;
2089 (B) receiving and processing emergency [calls] communications from the 911 system
2090 or other [calls] communications or requests for emergency services;
2091 (C) integrating a 911 emergency service system into an established public safety
2092 dispatch center, including contracting with the providers of local exchange service, radio
2093 communications service, and vendors of appropriate terminal equipment as necessary to
2094 implement the 911 emergency [telecommunications service] services; or
2095 (D) indirect costs associated with the maintaining and operating of a 911 emergency
2096 [telecommunications] services system.
2097 (ii) Revenues derived for the funding of 911 emergency [telecommunications] service
2098 may be used by the public agency for personnel costs associated with receiving and processing
2099 [calls] communications and deploying emergency response resources when the system is
2100 integrated with any public safety dispatch system.
2101 (c) Any unexpended money in the 911 emergency [telecommunications] service fund
2102 at the end of a fiscal year does not lapse, and must be carried forward to be used for the

2103 purposes described in this section.
2104 (5) (a) Revenue received by a local entity from an increase in the levy imposed under
2105 Subsection (3) after the 2004 Annual General Session:
2106 (i) may be used by the public [agency] safety answering point for the purposes under
2107 Subsection (4)(b); and
2108 (ii) shall be deposited into the special 911 emergency [telecommunications] service
2109 fund described in Subsection (4)(a).
2110 (b) Revenue received by a local entity from [grants] disbursements from the Utah 911
2111 Committee under Section [ 53-10-605 ] 63H-7-306 :
2112 (i) shall be deposited into the special 911 emergency [telecommunications] service
2113 fund under Subsection (4)(a); and
2114 (ii) shall only be used for that portion of the costs related to the development and
2115 operation of wireless and land-based enhanced 911 emergency telecommunications service and
2116 the implementation of [wireless E-911 Phase I and Phase II] 911 services as provided in
2117 Subsection (5)(c).
2118 (c) The costs allowed under Subsection (5)(b)(ii) include the public safety answering
2119 point's [or local entity's] costs for:
2120 (i) acquisition, upgrade, modification, maintenance, and operation of public service
2121 answering point equipment capable of receiving [E-911] 911 information;
2122 (ii) database development, operation, and maintenance; and
2123 (iii) personnel costs associated with establishing, installing, maintaining, and operating
2124 wireless [E-911 Phase I and Phase II] 911 services, including training emergency service
2125 personnel regarding receipt and use of [E-911] 911 wireless service information and educating
2126 consumers regarding the appropriate and responsible use of [E-911] 911 wireless service.
2127 (6) A local entity that increases the levy it imposes under Subsection (3)(c) after the
2128 2004 Annual General Session shall increase the levy to the maximum amount permitted by
2129 Subsection (3)(c).
2130 Section 42. Section 69-2-5.5 is amended to read:
2131 69-2-5.5. Emergency services telecommunications charge to fund the Computer
2132 Aided Dispatch Restricted Account -- Administrative charge.
2133 (1) Subject to Subsection (7), there is imposed an emergency services

2134 telecommunications charge of [7] 6 cents per month on each local exchange service switched
2135 access line and each revenue producing radio communications access line that is subject to an
2136 emergency services telecommunications charge levied by a county, city, or town under Section
2137 69-2-5 .
2138 (2) (a) Subject to Subsection (7), an emergency services telecommunications charge
2139 imposed under this section shall be billed and collected by the person that provides:
2140 (i) local exchange service switched access line services; or
2141 (ii) radio communications access line services.
2142 (b) A person that pays an emergency services telecommunications charge under this
2143 section shall pay the emergency services telecommunications charge to the commission:
2144 (i) monthly on or before the last day of the month immediately following the last day of
2145 the previous month if:
2146 (A) the person is required to file a sales and use tax return with the commission
2147 monthly under Section 59-12-108 ; or
2148 (B) the person is not required to file a sales and use tax return under Title 59, Chapter
2149 12, Sales and Use Tax Act; or
2150 (ii) quarterly on or before the last day of the month immediately following the last day
2151 of the previous quarter if the person is required to file a sales and use tax return with the
2152 commission quarterly under Section 59-12-107 .
2153 (c) An emergency services telecommunications charge imposed under this section shall
2154 be deposited into the [General Fund as dedicated credits to pay for:] Computer Aided Dispatch
2155 Restricted Account created in Section 63H-7-310 .
2156 [(i) costs of establishing, installing, maintaining, and operating the University of Utah
2157 Poison Control Center; and]
2158 [(ii) expenses of the State Tax Commission to administer and enforce the collection of
2159 the emergency services telecommunications charges.]
2160 [(3) Funds for the University of Utah Poison Control Center program are nonlapsing.]
2161 [(4)] (3) Emergency services telecommunications charges remitted to the State Tax
2162 Commission pursuant to Subsection (2) shall be accompanied by the form prescribed by the
2163 State Tax Commission.
2164 [(5)] (4) (a) The State Tax Commission shall administer, collect, and enforce the

2165 charge imposed under Subsection (1) according to the same procedures used in the
2166 administration, collection, and enforcement of the state sales and use tax under:
2167 (i) Title 59, Chapter 1, General Taxation Policies; and
2168 (ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
2169 (A) Section 59-12-104 ;
2170 (B) Section 59-12-104.1 ;
2171 (C) Section 59-12-104.2 ; [and]
2172 (D) Section 59-12-104.6 ;
2173 [(D)] (E) Section 59-12-107.1 [.]; and
2174 (F) Section 59-12-123 .
2175 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2176 State Tax Commission may make rules to administer, collect, and enforce the emergency
2177 services telecommunications charges imposed under this section.
2178 (c) The State Tax Commission shall retain and deposit an administrative charge in
2179 accordance with Section 59-1-306 from the revenues the State Tax Commission collects from
2180 an emergency services telecommunications charge under this section.
2181 (d) A charge under this section is subject to Section 69-2-5.8 .
2182 [(6)] (5) A provider of local exchange service switched access line services or radio
2183 communications access line services who fails to comply with this section is subject to
2184 penalties and interest as provided in Sections 59-1-401 and 59-1-402 .
2185 [(7)] (6) An emergency services telecommunications charge under this section on a
2186 mobile telecommunications service may be imposed, billed, and collected only to the extent
2187 permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
2188 Section 43. Section 69-2-5.6 is amended to read:
2189 69-2-5.6. 911 services charge to fund unified statewide 911 emergency service --
2190 Administrative charge.
2191 (1) Subject to Subsection 69-2-5 (3)(g), there is imposed a unified statewide [unified
2192 E-911] 911 emergency service charge of 9 cents per month on each local exchange service
2193 switched access line and each revenue producing radio communications access line that is
2194 subject to [an] a 911 emergency services [telecommunications] charge levied by a county, city,
2195 or town under Section 69-2-5 [or 69-2-5.5 at:].

2196 [(a) 13 cents per month until June 30, 2007; and]
2197 [(b) 8 cents per month on and after July 1, 2007.]
2198 (2) (a) [An] A 911 emergency services [telecommunications] charge imposed under this
2199 section shall be:
2200 (i) subject to Subsection 69-2-5 (3)(g); and
2201 (ii) billed and collected by the person that provides:
2202 (A) local exchange service switched access line services;
2203 (B) radio communications access line services; or
2204 (C) service described in Subsection 69-2-5 (3)(a)(iii).
2205 (b) A person that pays a charge under this section shall pay the charge to the
2206 commission:
2207 (i) monthly on or before the last day of the month immediately following the last day of
2208 the previous month if:
2209 (A) the person is required to file a sales and use tax return with the commission
2210 monthly under Section 59-12-108 ; or
2211 (B) the person is not required to file a sales and use tax return under Title 59, Chapter
2212 12, Sales and Use Tax Act; or
2213 (ii) quarterly on or before the last day of the month immediately following the last day
2214 of the previous quarter if the person is required to file a sales and use tax return with the
2215 commission quarterly under Section 59-12-107 .
2216 (c) A charge imposed under this section shall be deposited into the [Statewide] Unified
2217 [E-911] Statewide 911 Emergency Service Account created by Section [ 53-10-603 ]
2218 63H-7-304 .
2219 (3) The person that bills and collects the charges levied by this section pursuant to
2220 Subsections (2)(b) and (c) may:
2221 (a) bill the charge imposed by this section in combination with the charge levied under
2222 Section 69-2-5 as one line item charge; and
2223 (b) retain an amount not to exceed 1.5% of the charges collected under this section as
2224 reimbursement for the cost of billing, collecting, and remitting the levy.
2225 (4) The State Tax Commission shall collect, enforce, and administer the charges
2226 imposed under Subsection (1) using the same procedures used in the administration, collection,

2227 and enforcement of the emergency services telecommunications charge to fund the [Poison
2228 Control Center under Section 69-2-5.5 ] Computer Aided Dispatch Restricted Account under
2229 Section 63H-7-310 .
2230 (5) Notwithstanding Section [ 53-10-603 ] 64H-7-304 , the State Tax Commission shall
2231 retain and deposit an administrative charge in accordance with Section 59-1-306 from the
2232 revenues the State Tax Commission collects from a charge under this section.
2233 (6) A charge under this section is subject to Section 69-2-5.8 .
2234 (7) This section sunsets in accordance with Section 63I-1-269 .
2235 Section 44. Section 69-2-5.7 is amended to read:
2236 69-2-5.7. Prepaid wireless telecommunications charge to fund 911 service --
2237 Administrative charge.
2238 (1) As used in this section:
2239 (a) "Consumer" means a person who purchases prepaid wireless telecommunications
2240 service in a transaction.
2241 (b) "Prepaid wireless 911 service charge" means the charge that is required to be
2242 collected by a seller from a consumer in the amount established under Subsection (2).
2243 (c) (i) "Prepaid wireless telecommunications service" means a wireless
2244 telecommunications service that:
2245 (A) is paid for in advance;
2246 (B) is sold in predetermined units of time or dollars that decline with use in a known
2247 amount or provides unlimited use of the service for a fixed amount or time; and
2248 (C) allows a caller [to dial 911] to access 911 emergency [telephone] service.
2249 (ii) "Prepaid wireless telecommunications service" does not include a wireless
2250 telecommunications service that is billed:
2251 (A) to a customer on a recurring basis; and
2252 (B) in a manner that includes the emergency services telecommunications charges,
2253 described in Sections 69-2-5 , 69-2-5.5 , and 69-2-5.6 , for each radio communication access line
2254 assigned to the customer.
2255 (d) "Seller" means a person that sells prepaid wireless telecommunications service to a
2256 consumer.
2257 (e) "Transaction" means each purchase of prepaid wireless telecommunications service

2258 from a seller.
2259 (f) "Wireless telecommunications service" means commercial mobile radio service as
2260 defined by 47 C.F.R. Sec. 20.3, as amended.
2261 (2) There is imposed a prepaid wireless 911 service charge of 1.9% of the sales price
2262 per transaction.
2263 (3) The prepaid wireless 911 service charge shall be collected by the seller from the
2264 consumer for each transaction occurring in this state.
2265 (4) The prepaid wireless 911 service charge shall be separately stated on an invoice,
2266 receipt, or similar document that is provided by the seller to the consumer.
2267 (5) For purposes of Subsection (3), the location of a transaction is determined in
2268 accordance with Sections 59-12-211 through 59-12-215 .
2269 (6) When prepaid wireless telecommunications service is sold with one or more other
2270 products or services for a single non-itemized price, then the percentage specified in Section
2271 (2) shall apply to the entire non-itemized price.
2272 (7) A seller may retain 3% of prepaid wireless 911 service charges that are collected by
2273 the seller from consumers as reimbursement for the cost of billing, collecting, and remitting the
2274 charge.
2275 (8) Prepaid wireless 911 service charges collected by a seller, except as retained under
2276 Subsection (7), shall be remitted to the State Tax Commission at the same time as the seller
2277 remits to the State Tax Commission money collected by the person under Title 59, Chapter 12,
2278 Sales and Use Tax Act.
2279 (9) The State Tax Commission:
2280 (a) shall collect, enforce, and administer the charge imposed under this section using
2281 the same procedures used in the administration, collection, and enforcement of the state sales
2282 and use taxes under:
2283 (i) Title 59, Chapter 1, General Taxation Policies; and
2284 (ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
2285 (A) Section 59-12-104 ;
2286 (B) Section 59-12-104.1 ;
2287 (C) Section 59-12-104.2 ;
2288 (D) Section 59-12-107.1 ; and

2289 (E) Section 59-12-123 ;
2290 (b) may retain up to 1.5% of the prepaid wireless 911 service charge revenue collected
2291 under Subsection (9)(a) as reimbursement for administering this section;
2292 (c) shall distribute the prepaid wireless 911 service charge revenue, except as retained
2293 under Subsection (9)(b), as follows:
2294 (i) 80.3% of the revenue shall be distributed to each county, city, or town in the same
2295 percentages and in the same manner as the entities receive money to fund 911 emergency
2296 telecommunications services under Section 69-2-5 ;
2297 (ii) [9.2%] 7.9% of the revenue shall be distributed to fund the [Poison Control Center
2298 as in Section 69-2-5.5 ] Computer Aided Dispatch Restricted Account created in Section
2299 63H-7-310 ; and
2300 (iii) [10.5%] 11.8% of the revenue shall be distributed to fund the unified statewide
2301 [unified E-911] 911 emergency service as in Section 69-2-5.6 ; and
2302 (d) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2303 Rulemaking Act, to administer, collect, and enforce the charges imposed under this section.
2304 (10) A charge under this section is subject to Section 69-2-5.8 .
2305 Section 45. Repealer.
2306 This bill repeals:
2307 Section 63C-7-203 , Establishment of the Utah Communications Agency Network
2308 Board -- Terms -- Vacancies.
2309 Section 63C-7-204 , Powers of the board.
2310 Section 63F-1-801 , Statewide Communications Interoperability Committee --
2311 Membership -- Chair -- Quorum.
2312 Section 63F-1-802 , Duties and powers.
2313 Section 46. Transition of Utah 911 Committee, the Statewide Communications and
2314 Interoperability Committee, radio services within the Department of Technology
2315 Services, and the Utah Communications Agency Network into the Utah Communications
2316 Authority.
2317 (1) The Legislature finds that there is a statewide purpose and need to consolidate the
2318 management of 911 emergency services and communications in the state and to create a
2319 statewide computer aided dispatch platform. In order to improve unified statewide emergency

2320 services, the Utah Communications Agency Network shall be renamed the Utah
2321 Communications Authority and shall be consolidated with the Utah 911 Committee, the
2322 Statewide Communications and Interoperability Committee, and the radio services within the
2323 Department of Technology Services. The consolidation of services management and assets
2324 creates a unique opportunity to improve the development, delivery, and administration of
2325 unified statewide 911 emergency services, radio, and radio interoperability.
2326 (2) The executive directors of the Department of Technology Services and the Utah
2327 Communications Agency Network shall serve as the transition directors for the consolidation
2328 described in Subsection (1).
2329 (3) (a) The transition directors shall, in accordance with the provisions of this bill and
2330 this transition section, enter into a memorandum of understanding with the appropriate entities
2331 to, effective July 1, 2014:
2332 (i) transfer employees and adjust the employment status of state personnel as necessary
2333 to implement the consolidation of 911 emergency services management and a statewide
2334 computer aided dispatch platform into the Utah Communications Authority;
2335 (ii) transfer service level agreements and responsibilities, maintenance resources,
2336 equipment, communications system assets, and sites and facilities from the Department of
2337 Technology Services, the Utah 911 Committee, and the Department of Public Safety to the
2338 Utah Communications Authority; and
2339 (iii) allocate the cost of the transfer and mergers required by the memorandum of
2340 understanding.
2341 (b) The memorandum of understanding shall:
2342 (i) preserve the value of vested Program 1 and Program 2 sick leave benefits and other
2343 vested leave benefits for state employees transferred to the Utah Communications Authority;
2344 (ii) establish the entities and funds that will be responsible for paying for
2345 postretirement sick leave benefits and other vested leave benefits for the employees transferred
2346 to the Utah Communications Authority; and
2347 (iii) include other agreements necessary to transfer the appropriate employees, entities,
2348 communications system assets, sites, facilities, service level agreements, maintenance
2349 resources and agreements, and equipment into the Utah Communications Authority in
2350 accordance with this bill.

2351 (4) If the transition directors cannot agree on the terms of consolidation under
2352 Subsection (3) of this chapter, each transition director shall submit a recommendation to the
2353 governor and to the Legislature's Public Utilities and Technology Interim Committee. The
2354 governor shall determine the resolution of the transition director's memorandum of
2355 understanding.
2356 (5) The Department of Administrative Services, through the Division of Finance, the
2357 Division of Facilities and Construction Management, Fleet Management, and the Department
2358 of Human Resource Management shall, effective July 1, 2014:
2359 (a) designate the funds that will be responsible for vested postretirement sick leave
2360 benefits and vested leave benefits for employees transferred to the Utah Communications
2361 Authority;
2362 (b) transfer funds from the termination pools administered by the Division of Finance
2363 to the Utah Communications Authority or to the Post-Retirement Benefits Trust Fund as
2364 necessary to implement the memorandum of understanding entered into under Subsection (3);
2365 (c) assist the Department of Technology Services with the transfer of ownership of
2366 equipment, assignment of leases, and transition of leaseholds and property from the
2367 Department of Technology Services to the Utah Communications Authority; and
2368 (d) take other action required by the memorandum of understanding established under
2369 Subsection (3) that is necessary to assist with the consolidation of the management of 911
2370 emergency services and a statewide computer aided dispatch platform into the Utah
2371 Communications Authority.
2372 (6) The memorandum of understanding shall be made public and posted on the state's
2373 transparency website.
2374 (7) All administrative rules, orders, contracts, grants, bonds, and agreements relating to
2375 the functions of the radio services within the Department of Technology Services, the Utah
2376 Communications Agency Network, or the Utah 911 Committee, its board or officers, prior to
2377 July 1, 2014, remain in effect until revised, amended, or rescinded, and shall be assigned to and
2378 administered by the Utah Communications Authority, including the collection of revenues
2379 under contracts and the payment for services under contract.
2380 (8) Any suit, action, or other proceeding lawfully commenced by, against, or before
2381 any entity affected by this chapter shall not be abated by reason of this bill or the reorganization

2382 of the Utah Communications Agency Network, the Utah 911 Committee, and the radio services
2383 within the Department of Technology Services into the Utah Communications Authority.
2384 (9) The authority of the transition directors under this chapter is repealed on July 1,
2385 2014.
2386 Section 47. Effective date.
2387 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2014.
2388 (2) Uncodified Section 46, Transition of Utah 911 Committee, takes effect on May 13,
2389 2014.