This document includes House Committee Amendments incorporated into the bill on Thu, Feb 8, 2018 at 11:27 AM by lerror.
This document includes House Floor Amendments incorporated into the bill on Tue, Feb 20, 2018 at 3:54 PM by lerror.
This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 27, 2018 at 11:58 AM by lpoole.
1     
STATE TRAINING AND CERTIFICATION REQUIREMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill enacts requirements related to certain training and certification required of
10     public officials, employees, and volunteers.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires that certain training and certification required of public officials,
14     employees, and volunteers be presented or available in an online web-based format,
15     unless certain exceptions apply; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          4-2-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
24          9-1-201, as last amended by Laws of Utah 2017, Chapter 48
25          11-13-225, as enacted by Laws of Utah 2015, Chapter 265
26          13-1-2, as last amended by Laws of Utah 2017, Chapter 139
27          17B-1-312, as last amended by Laws of Utah 2017, Chapter 70

28          19-1-201, as last amended by Laws of Utah 2015, Chapters 441 and 453
29          26-1-30, as last amended by Laws of Utah 2015, Chapter 73
30          31A-2-201, as last amended by Laws of Utah 2010, Chapter 68
31          32B-2-207, as last amended by Laws of Utah 2012, Chapter 365
32          34A-6-109, as renumbered and amended by Laws of Utah 1997, Chapter 375
33          35A-1-104, as last amended by Laws of Utah 2016, Chapters 133, 296, and 296
34          41-6a-303, as last amended by Laws of Utah 2010, Chapter 299
35          52-4-104, as enacted by Laws of Utah 2006, Chapter 263
36          53-1-106, as last amended by Laws of Utah 2013, Chapter 295
37          53A-1-401, as last amended by Laws of Utah 2016, Chapter 232
38          53B-1-103, as last amended by Laws of Utah 2017, Chapter 382
39          53D-1-303, as enacted by Laws of Utah 2014, Chapter 426
40          59-2-702, as last amended by Laws of Utah 2001, Chapter 214
41          59-2-1001, as last amended by Laws of Utah 2013, Chapter 180
42          62A-1-111, as last amended by Laws of Utah 2017, Chapter 331
43          63F-1-104, as last amended by Laws of Utah 2017, Chapter 238
44          63G-6a-303, as repealed and reenacted by Laws of Utah 2016, Chapter 355
45          64-13-6, as last amended by Laws of Utah 2016, Chapter 243
46          67-3-1, as last amended by Laws of Utah 2017, Chapter 11
47          67-5-1, as last amended by Laws of Utah 2017, Chapters 295 and 387
48          67-5a-1, as last amended by Laws of Utah 2001, Chapter 131
49          67-5b-102, as last amended by Laws of Utah 2016, Chapter 290
50          67-19-6, as last amended by Laws of Utah 2015, Chapter 175
51          67-19e-110, as enacted by Laws of Utah 2016, Chapter 237
52          71-8-2, as last amended by Laws of Utah 2016, Chapters 68, 230, and 252
53          72-1-201, as last amended by Laws of Utah 2016, Chapter 137
54          76-9-907, as enacted by Laws of Utah 2009, Chapter 86
55          78A-2-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
56          78B-6-204, as last amended by Laws of Utah 2011, Chapter 51
57          79-2-202, as renumbered and amended by Laws of Utah 2009, Chapter 344
58     ENACTS:

59          7-1-212, Utah Code Annotated 1953
60          10-1-204, Utah Code Annotated 1953
61          17-50-108, Utah Code Annotated 1953
62          63A-1-117, Utah Code Annotated 1953
63          63G-22-101, Utah Code Annotated 1953
64          63G-22-102, Utah Code Annotated 1953
65          63G-22-103, Utah Code Annotated 1953
66     

67     Be it enacted by the Legislature of the state of Utah:
68          Section 1. Section 4-2-103 is amended to read:
69          4-2-103. Functions, powers, and duties of department -- Fees for services --
70     Marketing orders -- Procedure -- Purchasing and auditing.
71          (1) The department shall:
72          (a) inquire into and promote the interests and products of agriculture and allied
73     industries;
74          (b) promote methods for increasing the production and facilitating the distribution of
75     the agricultural products of the state;
76          (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
77     among livestock and the means for their prevention and cure; and
78          (ii) initiate, implement, and administer plans and programs to prevent the spread of
79     diseases among livestock;
80          (d) encourage experiments designed to determine the best means and methods for the
81     control of diseases among domestic and wild animals;
82          (e) issue marketing orders for any designated agricultural product to:
83          (i) promote orderly market conditions for any product;
84          (ii) give the producer a fair return on the producer's investment at the marketplace; and
85          (iii) only promote and not restrict or restrain the marketing of Utah agricultural
86     commodities;
87          (f) administer and enforce all laws assigned to the department by the Legislature;
88          (g) establish standards and grades for agricultural products and fix and collect
89     reasonable fees for services performed by the department in conjunction with the grading of

90     agricultural products;
91          (h) establish operational standards for any establishment that manufactures, processes,
92     produces, distributes, stores, sells, or offers for sale any agricultural product;
93          (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
94     rules necessary for the effective administration of the agricultural laws of the state;
95          (j) when necessary, make investigations, subpoena witnesses and records, conduct
96     hearings, issue orders, and make recommendations concerning all matters related to
97     agriculture;
98          (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
99     private or public place that may become infested or infected with harmful insects, plant
100     diseases, noxious or poisonous weeds, or other agricultural pests;
101          (ii) establish and enforce quarantines;
102          (iii) issue and enforce orders and rules for the control and eradication of pests,
103     wherever they may exist within the state; and
104          (iv) perform other duties relating to plants and plant products considered advisable and
105     not contrary to law;
106          (l) inspect apiaries for diseases inimical to bees and beekeeping;
107          (m) take charge of any agricultural exhibit within the state, if considered necessary by
108     the department, and award premiums at that exhibit;
109          (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
110     Conservation Commission Act, and administer and disburse any funds available to assist
111     conservation districts in the state in the conservation of the state's soil and water resources;
112          (o) participate in the United States Department of Agriculture certified agricultural
113     mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
114          (p) promote and support the multiple use of public lands; [and]
115          (q) ensure that any training or certification required of a public official or public
116     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
117     22, State Training and Certification Requirements, if the training or certification is required:
118          (i) under this title;
119          (ii) by the department; or
120          (iii) by an agency or division within the department; and

121          [(q)] (r) perform any additional functions, powers, and duties provided by law.
122          (2) The department, by following the procedures and requirements of Section
123     63J-1-504, may adopt a schedule of fees assessed for services provided by the department.
124          (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
125          (i) the department gives notice of the proposed order to the producers and handlers of
126     the affected product;
127          (ii) the commissioner conducts a hearing on the proposed order; and
128          (iii) at least 50% of the registered producers and handlers of the affected products vote
129     in favor of the proposed order.
130          (b) (i) The department may establish boards of control to administer marketing orders
131     and the proceeds derived from any order.
132          (ii) A board of control shall:
133          (A) ensure that all proceeds are placed in an account in the board of control's name in a
134     depository institution; and
135          (B) ensure that the account is annually audited by an accountant approved by the
136     commissioner.
137          (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
138     deposited into the General Fund as dedicated credits for the grain grading program.
139          (5) In fulfilling its duties in this chapter, the department may:
140          (a) purchase, as authorized or required by law, services that the department is
141     responsible to provide for legally eligible persons;
142          (b) take necessary steps, including legal action, to recover money or the monetary value
143     of services provided to a recipient who is not eligible;
144          (c) examine and audit the expenditures of any public funds provided to a local
145     authority, agency, or organization that contracts with or receives funds from those authorities or
146     agencies; and
147          (d) accept and administer grants from the federal government and from other sources,
148     public or private.
149          Section 2. Section 7-1-212 is enacted to read:
150          7-1-212. Compliance with training and certification requirements.
151          The department shall ensure that any training or certification required of a public

152     official or public employee, as those terms are defined in Section 63G-22-102, complies with
153     Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
154     certification is required:
155          (1) under this title;
156          (2) by the department; or
157          (3) by an agency or division within the department.
158          Section 3. Section 9-1-201 is amended to read:
159          9-1-201. Department of Heritage and Arts -- Creation -- Powers and duties.
160          (1) There is created the Department of Heritage and Arts.
161          (2) The department shall:
162          (a) be responsible for preserving and promoting the heritage of the state, the arts in the
163     state, and cultural development within the state;
164          (b) perform heritage, arts, and cultural development planning for the state;
165          (c) coordinate the program plans of the various divisions within the department;
166          (d) administer and coordinate all state or federal grant programs which are, or become,
167     available for heritage, arts, and cultural development;
168          (e) administer any other programs over which the department is given administrative
169     supervision by the governor;
170          (f) submit an annual written report to the governor and the Legislature as described in
171     Section 9-1-208; [and]
172          (g) ensure that any training or certification required of a public official or public
173     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
174     22, State Training and Certification Requirements, if the training or certification is required:
175          (i) under this title;
176          (ii) by the department; or
177          (iii) by an agency or division within the department; and
178          [(g)] (h) perform any other duties as provided by the Legislature.
179          (3) The department may solicit and accept contributions of money, services, and
180     facilities from any other sources, public or private, but may not use those contributions for
181     publicizing the exclusive interest of the donor.
182          (4) Money received under Subsection (3) shall be deposited in the General Fund as

183     restricted revenues of the department.
184          (5) (a) For a pass-through funding grant of $25,000 or more, the department shall make
185     quarterly disbursements to the pass-through funding grant recipient, contingent upon the
186     department receiving a quarterly progress report from the pass-through funding grant recipient.
187          (b) The department shall:
188          (i) provide the pass-through funding grant recipient with a progress report form for the
189     reporting purposes described in Subsection (5)(a); and
190          (ii) include reporting requirement instructions with the form.
191          Section 4. Section 10-1-204 is enacted to read:
192          10-1-204. Training requirements.
193          A municipality shall ensure that any training that the municipality requires of a
194     municipal officer or employee complies with Title 63G, Chapter 22, State Training and
195     Certification Requirements.
196          Section 5. Section 11-13-225 is amended to read:
197          11-13-225. Establishment of interlocal entity personnel system.
198          (1) An interlocal entity shall establish a system of personnel administration for the
199     interlocal entity as provided in this section.
200          (2) The interlocal entity shall administer the system described in Subsection (1) in a
201     manner that will effectively provide for:
202          (a) recruiting, selecting, and advancing employees on the basis of the employee's
203     relative ability, knowledge, and skills, including open consideration of qualified applicants for
204     initial appointment;
205          (b) equitable and adequate compensation;
206          (c) employee training as needed to assure high-quality performance;
207          (d) (i) retaining an employee on the basis of the adequacy of the employee's
208     performance; and
209          (ii) separation of an employee whose inadequate performance cannot be corrected;
210          (e) fair treatment of an applicant or employee in all aspects of personnel administration
211     without regard to race, color, religion, sex, national origin, political affiliation, age, or
212     disability, and with proper regard for the applicant's or employee's privacy and constitutional
213     rights; and

214          (f) a formal procedure for processing the appeals and grievances of an employee
215     without discrimination, coercion, restraint, or reprisal.
216          (3) An interlocal entity shall ensure that any employee training described in Subsection
217     (2)(c) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
218          Section 6. Section 13-1-2 is amended to read:
219          13-1-2. Creation and functions of department -- Divisions created -- Fees --
220     Commerce Service Account.
221          (1) (a) There is created the Department of Commerce.
222          (b) The department shall:
223          (i) execute and administer state laws regulating business activities and occupations
224     affecting the public interest[.]; and
225          (ii) ensure that any training or certification required of a public official or public
226     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
227     22, State Training and Certification Requirements, if the training or certification is required:
228          (A) under this title;
229          (B) by the department; or
230          (C) by an agency or division within the department.
231          (2) Within the department the following divisions are created:
232          (a) the Division of Occupational and Professional Licensing;
233          (b) the Division of Real Estate;
234          (c) the Division of Securities;
235          (d) the Division of Public Utilities;
236          (e) the Division of Consumer Protection; and
237          (f) the Division of Corporations and Commercial Code.
238          (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
239     fees assessed for services provided by the department by following the procedures and
240     requirements of Section 63J-1-504.
241          (b) The department shall submit each fee established in this manner to the Legislature
242     for its approval as part of the department's annual appropriations request.
243          (c) (i) There is created a restricted account within the General Fund known as the
244     "Commerce Service Account."

245          (ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by
246     each division and by the department.
247          (iii) The undesignated account balance may not exceed $1,000,000 at the end of each
248     fiscal year.
249          (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
250     into the General Fund any undesignated funds in the account that exceed the amount necessary
251     to maintain the undesignated account balance at $1,000,000.
252          (d) The department may not charge or collect a fee or expend money from the
253     restricted account without approval by the Legislature.
254          Section 7. Section 17-50-108 is enacted to read:
255          17-50-108. Training requirements.
256          A county shall ensure that any training that the county requires of a county officer or
257     employee complies with Title 63G, Chapter 22, State Training and Certification Requirements.
258          Section 8. Section 17B-1-312 is amended to read:
259          17B-1-312. Training for board members.
260          (1) (a) Each member of a board of trustees of a local district shall, within one year after
261     taking office, complete the training described in Subsection (2).
262          (b) For the purposes of Subsection (1)(a), a member of a board of trustees of a local
263     district takes office each time the member is elected or appointed to a new term, including an
264     appointment to fill a midterm vacancy in accordance with Subsection 17B-1-303(5) or (6).
265          (2) In conjunction with the Utah Association of Special Districts, the state auditor
266     shall:
267          (a) develop a training curriculum for the members of local district boards; [and]
268          (b) with the assistance of other state offices and departments the state auditor considers
269     appropriate and at times and locations established by the state auditor, carry out the training of
270     members of local district boards[.]; and
271          (c) ensure that any training required under this Subsection (2) complies with Title 63G,
272     Chapter 22, State Training and Certification Requirements.
273          (3) (a) A local district board of trustees may compensate each member of the board for
274     each day of training described in Subsection (2) that the member completes, in accordance with
275     Section 11-55-103.

276          (b) The compensation authorized under Subsection (3)(a) is in addition to all other
277     amounts of compensation and expense reimbursement authorized under this chapter.
278          (c) A board of trustees may not pay compensation under Subsection (3)(a) to any board
279     member more than once per year.
280          (4) The state auditor shall issue a certificate of completion to each board member that
281     completes the training described in Subsection (2).
282          Section 9. Section 19-1-201 is amended to read:
283          19-1-201. Powers and duties of department -- Rulemaking authority --
284     Committee.
285          (1) The department shall:
286          (a) enter into cooperative agreements with the Department of Health to delineate
287     specific responsibilities to assure that assessment and management of risk to human health
288     from the environment are properly administered;
289          (b) consult with the Department of Health and enter into cooperative agreements, as
290     needed, to ensure efficient use of resources and effective response to potential health and safety
291     threats from the environment, and to prevent gaps in protection from potential risks from the
292     environment to specific individuals or population groups;
293          (c) coordinate implementation of environmental programs to maximize efficient use of
294     resources by developing, in consultation with local health departments, a Comprehensive
295     Environmental Service Delivery Plan that:
296          (i) recognizes that the department and local health departments are the foundation for
297     providing environmental health programs in the state;
298          (ii) delineates the responsibilities of the department and each local health department
299     for the efficient delivery of environmental programs using federal, state, and local authorities,
300     responsibilities, and resources;
301          (iii) provides for the delegation of authority and pass through of funding to local health
302     departments for environmental programs, to the extent allowed by applicable law, identified in
303     the plan, and requested by the local health department; and
304          (iv) is reviewed and updated annually; [and]
305          (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
306     Rulemaking Act, as follows:

307          (i) for a board created in Section 19-1-106, rules regarding:
308          (A) board meeting attendance; and
309          (B) conflicts of interest procedures; and
310          (ii) procedural rules that govern:
311          (A) an adjudicative proceeding, consistent with Section 19-1-301; and
312          (B) a special adjudicative proceeding, consistent with Section 19-1-301.5[.]; and
313          (e) ensure that any training or certification required of a public official or public
314     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
315     22, State Training and Certification Requirements, if the training or certification is required:
316          (i) under this title;
317          (ii) by the department; or
318          (iii) by an agency or division within the department.
319          (2) The department shall establish a committee that consists of:
320          (a) the executive director or the executive director's designee;
321          (b) two representatives of the department appointed by the executive director; and
322          (c) three representatives of local health departments appointed by a group of all the
323     local health departments in the state.
324          (3) The committee established in Subsection (2) shall:
325          (a) review the allocation of environmental quality resources between the department
326     and the local health departments;
327          (b) evaluate department policies that affect local health departments;
328          (c) consider policy changes proposed by the department or by local health departments;
329          (d) coordinate the implementation of environmental quality programs to maximize
330     environmental quality resources; and
331          (e) review each department application for any grant from the federal government that
332     affects a local health department before the department submits the application.
333          (4) The committee shall create bylaws to govern the committee's operations.
334          (5) The department may:
335          (a) investigate matters affecting the environment;
336          (b) investigate and control matters affecting the public health when caused by
337     environmental hazards;

338          (c) prepare, publish, and disseminate information to inform the public concerning
339     issues involving environmental quality;
340          (d) establish and operate programs, as authorized by this title, necessary for protection
341     of the environment and public health from environmental hazards;
342          (e) use local health departments in the delivery of environmental health programs to
343     the extent provided by law;
344          (f) enter into contracts with local health departments or others to meet responsibilities
345     established under this title;
346          (g) acquire real and personal property by purchase, gift, devise, and other lawful
347     means;
348          (h) prepare and submit to the governor a proposed budget to be included in the budget
349     submitted by the governor to the Legislature;
350          (i) (i) establish a schedule of fees that may be assessed for actions and services of the
351     department according to the procedures and requirements of Section 63J-1-504; and
352          (ii) in accordance with Section 63J-1-504, all fees shall be reasonable, fair, and reflect
353     the cost of services provided;
354          (j) prescribe by rule reasonable requirements not inconsistent with law relating to
355     environmental quality for local health departments;
356          (k) perform the administrative functions of the boards established by Section 19-1-106,
357     including the acceptance and administration of grants from the federal government and from
358     other sources, public or private, to carry out the board's functions;
359          (l) upon the request of any board or a division director, provide professional, technical,
360     and clerical staff and field and laboratory services, the extent of which are limited by the funds
361     available to the department for the staff and services; and
362          (m) establish a supplementary fee, not subject to Section 63J-1-504, to provide service
363     that the person paying the fee agrees by contract to be charged for the service in order to
364     efficiently utilize department resources, protect department permitting processes, address
365     extraordinary or unanticipated stress on permitting processes, or make use of specialized
366     expertise.
367          (6) In providing service under Subsection (5)(m), the department may not provide
368     service in a manner that impairs any other person's service from the department.

369          Section 10. Section 26-1-30 is amended to read:
370          26-1-30. Powers and duties of department.
371          The department shall exercise the following powers and duties, in addition to other
372     powers and duties established in this chapter:
373          (1) enter into cooperative agreements with the Department of Environmental Quality to
374     delineate specific responsibilities to assure that assessment and management of risk to human
375     health from the environment are properly administered;
376          (2) consult with the Department of Environmental Quality and enter into cooperative
377     agreements, as needed, to ensure efficient use of resources and effective response to potential
378     health and safety threats from the environment, and to prevent gaps in protection from potential
379     risks from the environment to specific individuals or population groups;
380          (3) promote and protect the health and wellness of the people within the state;
381          (4) establish, maintain, and enforce rules necessary or desirable to carry out the
382     provisions and purposes of this title to promote and protect the public health or to prevent
383     disease and illness;
384          (5) investigate and control the causes of epidemic, infectious, communicable, and other
385     diseases affecting the public health;
386          (6) provide for the detection, reporting, prevention, and control of communicable,
387     infectious, acute, chronic, or any other disease or health hazard which the department considers
388     to be dangerous, important, or likely to affect the public health;
389          (7) collect and report information on causes of injury, sickness, death, and disability
390     and the risk factors that contribute to the causes of injury, sickness, death, and disability within
391     the state;
392          (8) collect, prepare, publish, and disseminate information to inform the public
393     concerning the health and wellness of the population, specific hazards, and risks that may affect
394     the health and wellness of the population and specific activities which may promote and protect
395     the health and wellness of the population;
396          (9) establish and operate programs necessary or desirable for the promotion or
397     protection of the public health and the control of disease or which may be necessary to
398     ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
399     programs may not be established if adequate programs exist in the private sector;

400          (10) establish, maintain, and enforce isolation and quarantine, and for this purpose
401     only, exercise physical control over property and individuals as the department finds necessary
402     for the protection of the public health;
403          (11) close theaters, schools, and other public places and forbid gatherings of people
404     when necessary to protect the public health;
405          (12) abate nuisances when necessary to eliminate sources of filth and infectious and
406     communicable diseases affecting the public health;
407          (13) make necessary sanitary and health investigations and inspections in cooperation
408     with local health departments as to any matters affecting the public health;
409          (14) establish laboratory services necessary to support public health programs and
410     medical services in the state;
411          (15) establish and enforce standards for laboratory services which are provided by any
412     laboratory in the state when the purpose of the services is to protect the public health;
413          (16) cooperate with the Labor Commission to conduct studies of occupational health
414     hazards and occupational diseases arising in and out of employment in industry, and make
415     recommendations for elimination or reduction of the hazards;
416          (17) cooperate with the local health departments, the Department of Corrections, the
417     Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
418     Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
419     convicted sexual offenders, and any victims of a sexual offense;
420          (18) investigate the causes of maternal and infant mortality;
421          (19) establish, maintain, and enforce a procedure requiring the blood of adult
422     pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
423     presence and concentration of alcohol;
424          (20) provide the Commissioner of Public Safety with monthly statistics reflecting the
425     results of the examinations provided for in Subsection (19) and provide safeguards so that
426     information derived from the examinations is not used for a purpose other than the compilation
427     of statistics authorized in this Subsection (20);
428          (21) establish qualifications for individuals permitted to draw blood pursuant to
429     Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), or 72-10-502(5)(a)(vi), and to issue
430     permits to individuals it finds qualified, which permits may be terminated or revoked by the

431     department;
432          (22) establish a uniform public health program throughout the state which includes
433     continuous service, employment of qualified employees, and a basic program of disease
434     control, vital and health statistics, sanitation, public health nursing, and other preventive health
435     programs necessary or desirable for the protection of public health;
436          (23) adopt rules and enforce minimum sanitary standards for the operation and
437     maintenance of:
438          (a) orphanages;
439          (b) boarding homes;
440          (c) summer camps for children;
441          (d) lodging houses;
442          (e) hotels;
443          (f) restaurants and all other places where food is handled for commercial purposes,
444     sold, or served to the public;
445          (g) tourist and trailer camps;
446          (h) service stations;
447          (i) public conveyances and stations;
448          (j) public and private schools;
449          (k) factories;
450          (l) private sanatoria;
451          (m) barber shops;
452          (n) beauty shops;
453          (o) physician offices;
454          (p) dentist offices;
455          (q) workshops;
456          (r) industrial, labor, or construction camps;
457          (s) recreational resorts and camps;
458          (t) swimming pools, public baths, and bathing beaches;
459          (u) state, county, or municipal institutions, including hospitals and other buildings,
460     centers, and places used for public gatherings; and
461          (v) any other facilities in public buildings or on public grounds;

462          (24) conduct health planning for the state;
463          (25) monitor the costs of health care in the state and foster price competition in the
464     health care delivery system;
465          (26) adopt rules for the licensure of health facilities within the state pursuant to Title
466     26, Chapter 21, Health Care Facility Licensing and Inspection Act;
467          (27) license the provision of child care;
468          (28) accept contributions to and administer the funds contained in the Organ Donation
469     Contribution Fund created in Section 26-18b-101;
470          (29) serve as the collecting agent, on behalf of the state, for the nursing care facility
471     assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
472     and adopt rules for the enforcement and administration of the nursing facility assessment
473     consistent with the provisions of Title 26, Chapter 35a, Nursing Care Facility Assessment Act;
474          (30) establish methods or measures for health care providers, public health entities, and
475     health care insurers to coordinate among themselves to verify the identity of the individuals
476     they serve; [and]
477          (31) (a) designate Alzheimer's disease and related dementia as a public health issue
478     and, within budgetary limitations, implement a state plan for Alzheimer's disease and related
479     dementia by incorporating the plan into the department's strategic planning and budgetary
480     process; and
481          (b) coordinate with other state agencies and other organizations to implement the state
482     plan for Alzheimer's disease and related dementia[.]; and
483          (32) ensure that any training or certification required of a public official or public
484     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
485     22, State Training and Certification Requirements, if the training or certification is required:
486          (a) under this title;
487          (b) by the department; or
488          (c) by an agency or division within the department.
489          Section 11. Section 31A-2-201 is amended to read:
490          31A-2-201. General duties and powers.
491          (1) The commissioner shall administer and enforce this title.
492          (2) The commissioner has all powers specifically granted, and all further powers that

493     are reasonable and necessary to enable the commissioner to perform the duties imposed by this
494     title.
495          (3) (a) The commissioner may make rules to implement the provisions of this title
496     according to the procedures and requirements of Title 63G, Chapter 3, Utah Administrative
497     Rulemaking Act.
498          (b) In addition to the notice requirements of Section 63G-3-301, the commissioner
499     shall provide notice under Section 31A-2-303 of hearings concerning insurance department
500     rules.
501          (4) (a) The commissioner shall issue prohibitory, mandatory, and other orders as
502     necessary to secure compliance with this title. An order by the commissioner is not effective
503     unless the order:
504          (i) is in writing; and
505          (ii) is signed by the commissioner or under the commissioner's authority.
506          (b) On request of any person who would be affected by an order under Subsection
507     (4)(a), the commissioner may issue a declaratory order to clarify the person's rights or duties.
508          (5) (a) The commissioner may hold informal adjudicative proceedings and public
509     meetings, for the purpose of:
510          (i) investigation;
511          (ii) ascertainment of public sentiment; or
512          (iii) informing the public.
513          (b) An effective rule or order may not result from informal hearings and meetings
514     unless the requirement of a hearing under this section is satisfied.
515          (6) The commissioner shall inquire into violations of this title and may conduct any
516     examinations and investigations of insurance matters, in addition to examinations and
517     investigations expressly authorized, that the commissioner considers proper to determine:
518          (a) whether or not any person has violated any provision of this title; or
519          (b) to secure information useful in the lawful administration of this title.
520          (7) The commissioner shall ensure that any training or certification required of a public
521     official or public employee, as those terms are defined in Section 63G-22-102, complies with
522     Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
523     certification is required:

524          (a) under this title;
525          (b) by the department; or
526          (c) by an agency or division within the department.
527          Section 12. Section 32B-2-207 is amended to read:
528          32B-2-207. Department employees -- Requirements.
529          (1) "Upper management" means the director, a deputy director, or other Schedule AD,
530     AR, or AS employee of the department, as defined in Section 67-19-15, except for the director
531     of internal audits and auditors hired by the director of internal audits under Section
532     32B-2-302.5.
533          (2) (a) Subject to this title, including the requirements of Chapter 1, Part 3,
534     Qualifications and Background, the director may prescribe the qualifications of a department
535     employee.
536          (b) The director may hire an employee who is upper management only with the
537     approval of four commissioners voting in an open meeting.
538          (c) Except as provided in Section 32B-1-303, the executive director may dismiss an
539     employee who is upper management after consultation with the chair of the commission.
540          (3) (a) A person who seeks employment with the department shall file with the
541     department an application under oath or affirmation in a form prescribed by the commission.
542          (b) Upon receiving an application, the department shall determine whether the
543     individual is:
544          (i) of good moral character; and
545          (ii) qualified for the position sought.
546          (c) The department shall select an individual for employment or advancement with the
547     department in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
548          (4) The following are not considered a department employee:
549          (a) a package agent;
550          (b) a licensee;
551          (c) a staff member of a package agent; or
552          (d) staff of a licensee.
553          (5) The department may not employ a minor to:
554          (a) work in:

555          (i) a state store; or
556          (ii) a department warehouse; or
557          (b) engage in an activity involving the handling of an alcoholic product.
558          (6) The department shall ensure that any training or certification required of a public
559     official or public employee, as those terms are defined in Section 63G-22-102, complies with
560     Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
561     certification is required:
562          (a) under this title;
563          (b) by the department; or
564          (c) by an agency or division within the department.
565          Section 13. Section 34A-6-109 is amended to read:
566          34A-6-109. Educational and training programs.
567          (1) The division, after consultation with other appropriate agencies, shall conduct,
568     directly or by assistance:
569          (a) educational programs to provide an adequate supply of qualified personnel to carry
570     out the purpose of this chapter; and
571          (b) informational programs on the importance of adequate safety and health equipment.
572          (2) (a) The division is authorized to conduct, directly or by assistance, training for
573     personnel engaged in work related to its responsibilities under this chapter.
574          (b) The division shall ensure that any training described in Subsection (2)(a) complies
575     with Title 63G, Chapter 22, State Training and Certification Requirements.
576          (3) The division shall:
577          (a) establish and supervise programs for the education and training of employers and
578     employees for recognition, avoidance, and prevention of unsafe or unhealthful working
579     conditions;
580          (b) consult and advise employers and employees about effective means for prevention
581     of any work-related injury or occupational disease; and
582          (c) provide safety and health workplace surveys.
583          Section 14. Section 35A-1-104 is amended to read:
584          35A-1-104. Department authority.
585          Within all other authority or responsibility granted to it by law, the department may:

586          (1) adopt rules when authorized by this title, in accordance with the procedures of Title
587     63G, Chapter 3, Utah Administrative Rulemaking Act;
588          (2) purchase, as authorized or required by law, services that the department is
589     responsible to provide for legally eligible persons;
590          (3) conduct adjudicative proceedings in accordance with the procedures of Title 63G,
591     Chapter 4, Administrative Procedures Act;
592          (4) establish eligibility standards for its programs, not inconsistent with state or federal
593     law or regulations;
594          (5) take necessary steps, including legal action, to recover money or the monetary value
595     of services provided to a recipient who is not eligible;
596          (6) administer oaths, certify to official acts, issue subpoenas to compel witnesses and
597     the production of books, accounts, documents, and other records necessary as evidence;
598          (7) acquire, manage, and dispose of any real or personal property needed or owned by
599     the department, not inconsistent with state law;
600          (8) receive gifts, grants, devises, and donations or their proceeds, crediting the program
601     designated by the donor, and using the gift, grant, devise, or donation for the purposes
602     requested by the donor, as long as the request conforms to state and federal policy;
603          (9) accept and employ volunteer labor or services;
604          (10) reimburse volunteers for necessary expenses, when the department considers that
605     reimbursement to be appropriate;
606          (11) carry out the responsibility assigned by the State Workforce Services Plan
607     developed by the State Workforce Development Board;
608          (12) (a) provide training and educational opportunities for [its] the department's staff;
609     and
610          (b) ensure that any training or educational opportunity described in Subsection (12)(a)
611     complies with Title 63G, Chapter 22, State Training and Certification Requirements;
612          (13) examine and audit the expenditures of any public funds provided to a local
613     authority, agency, or organization that contracts with or receives funds from those authorities or
614     agencies;
615          (14) accept and administer grants from the federal government and from other sources,
616     public or private;

617          (15) employ and determine the compensation of clerical, legal, technical, investigative,
618     and other employees necessary to carry out its policymaking, regulatory, and enforcement
619     powers, rights, duties, and responsibilities under this title;
620          (16) establish and conduct free employment agencies, and bring together employers
621     seeking employees and working people seeking employment, and make known the
622     opportunities for employment in this state;
623          (17) collect, collate, and publish statistical and other information relating to employees,
624     employers, employments, and places of employment, and other statistics as it considers proper;
625          (18) encourage the expansion and use of apprenticeship programs meeting state or
626     federal standards for apprenticeship programs;
627          (19) develop processes to ensure that the department responds to the full range of
628     employee and employer clients;
629          (20) carry out the responsibilities assigned to it by statute; and
630          (21) administer the Safety Net Initiative as described in Section 35A-3-802.
631          Section 15. Section 41-6a-303 is amended to read:
632          41-6a-303. Definition of reduced speed school zone -- Operation of warning lights
633     -- School crossing guard requirements -- Responsibility provisions -- Rulemaking
634     authority.
635          (1) As used in this section "reduced speed school zone" means a designated length of a
636     highway extending from a school zone speed limit sign with warning lights operating to an end
637     school zone sign.
638          (2) The Department of Transportation for state highways and local highway authorities
639     for highways under their jurisdiction:
640          (a) shall establish reduced speed school zones at elementary schools after written
641     assurance by a local highway authority that the local highway authority complies with
642     Subsections (3) and (4); and
643          (b) may establish reduced speed school zones for secondary schools at the request of
644     the local highway authority.
645          (3) For all reduced speed school zones on highways, including state highways within
646     the jurisdictional boundaries of a local highway authority, the local highway authority shall:
647          (a) (i) provide shuttle service across highways for school children; or

648          (ii) provide, train, and supervise school crossing guards in accordance with this
649     section;
650          (b) provide for the:
651          (i) operation of reduced speed school zones, including providing power to warning
652     lights and turning on and off the warning lights as required under Subsections (4) and (5); and
653          (ii) maintenance of reduced speed school zones except on state highways as provided
654     in Section 41-6a-302; and
655          (c) notify the Department of Transportation of reduced speed school zones on state
656     highways that are in need of maintenance.
657          (4) While children are going to or leaving school during opening and closing hours all
658     reduced speed school zones shall have:
659          (a) the warning lights operating on each school zone speed limit sign; and
660          (b) a school crossing guard present if the reduced speed school zone is for an
661     elementary school.
662          (5) The warning lights on a school zone speed limit sign may not be operating except
663     as provided under Subsection (4).
664          (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
665     the Department of Transportation shall make rules establishing criteria and specifications for
666     the:
667          (i) establishment, location, and operation of school crosswalks, school zones, and
668     reduced speed school zones;
669          (ii) training, use, and supervision of school crossing guards at elementary schools and
670     secondary schools; and
671          (iii) content and implementation of child access routing plans under Section
672     53A-3-402.
673          (b) If a school crosswalk is established at a signalized intersection in accordance with
674     the requirements of this section, a local highway authority may reduce the speed limit at the
675     signalized intersection to 20 miles per hour for a highway under its jurisdiction.
676          (7) Each local highway authority shall pay for providing, training, and supervising
677     school crossing guards in accordance with this section.
678          (8) Each local highway authority shall ensure that any training described in this section

679     complies with Title 63G, Chapter 22, State Training and Certification Requirements.
680          Section 16. Section 52-4-104 is amended to read:
681          52-4-104. Training.
682          (1) The presiding officer of the public body shall ensure that the members of the public
683     body are provided with annual training on the requirements of this chapter.
684          (2) The presiding officer shall ensure that any training described in Subsection (1)
685     complies with Title 63G, Chapter 22, State Training and Certification Requirements.
686          Section 17. Section 53-1-106 is amended to read:
687          53-1-106. Department duties -- Powers.
688          (1) In addition to the responsibilities contained in this title, the department shall:
689          (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
690     Code, including:
691          (i) setting performance standards for towing companies to be used by the department,
692     as required by Section 41-6a-1406; and
693          (ii) advising the Department of Transportation regarding the safe design and operation
694     of school buses, as required by Section 41-6a-1304;
695          (b) make rules to establish and clarify standards pertaining to the curriculum and
696     teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
697          (c) aid in enforcement efforts to combat drug trafficking;
698          (d) meet with the Department of Technology Services to formulate contracts, establish
699     priorities, and develop funding mechanisms for dispatch and telecommunications operations;
700          (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
701     Victims of Crime in conducting research or monitoring victims' programs, as required by
702     Section 63M-7-505;
703          (f) develop sexual assault exam protocol standards in conjunction with the Utah
704     Hospital Association;
705          (g) engage in emergency planning activities, including preparation of policy and
706     procedure and rulemaking necessary for implementation of the federal Emergency Planning
707     and Community Right to Know Act of 1986, as required by Section 53-2a-702; [and]
708          (h) implement the provisions of Section 53-2a-402, the Emergency Management
709     Assistance Compact[.]; and

710          (i) ensure that any training or certification required of a public official or public
711     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
712     22, State Training and Certification Requirements, if the training or certification is required:
713          (i) under this title;
714          (ii) by the department; or
715          (iii) by an agency or division within the department.
716          (2) (a) The department may establish a schedule of fees as required or allowed in this
717     title for services provided by the department.
718          (b) The fees shall be established in accordance with Section 63J-1-504.
719          (3) The department may establish or contract for the establishment of an Organ
720     Procurement Donor Registry in accordance with Section 26-28-120.
721          Section 18. Section 53A-1-401 is amended to read:
722          53A-1-401. Powers of State Board of Education -- Adoption of rules --
723     Enforcement -- Attorney.
724          (1) As used in this section:
725          (a) "Board" means the State Board of Education.
726          (b) "Education entity" means:
727           (i) an entity that receives a distribution of state funds through a grant program managed
728     by the board under this title;
729           (ii) an entity that enters into a contract with the board to provide an educational good or
730      service;
731           (iii) a school district; or
732           (iv) a charter school.
733          (c) "Educational good or service" means a good or service that is required or regulated
734     under:
735          (i) this title; or
736          (ii) a rule authorized under this title.
737          (d) "Local education agency" or "LEA" means:
738          (i) a school district;
739          (ii) a charter school; or
740          (iii) the Utah Schools for the Deaf and the Blind.

741          (2) (a) The State Board of Education has general control and supervision of the state's
742     public education system.
743          (b) "General control and supervision" as used in Utah Constitution, Article X, Section
744     3, means directed to the whole system.
745          (3) The board may not govern, manage, or operate school districts, institutions, and
746     programs, unless granted that authority by statute.
747          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
748     the board may make rules to execute the board's duties and responsibilities under the Utah
749     Constitution and state law.
750          (b) The board may delegate the board's statutory duties and responsibilities to board
751     employees.
752          (5) (a) The board may sell any interest it holds in real property upon a finding by the
753     board that the property interest is surplus.
754          (b) The board may use the money it receives from a sale under Subsection (5)(a) for
755     capital improvements, equipment, or materials, but not for personnel or ongoing costs.
756          (c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
757     or institution administered by the board, the money may only be used for purposes related to
758     the agency or institution.
759          (d) The board shall advise the Legislature of any sale under Subsection (5)(a) and
760     related matters during the next following session of the Legislature.
761          (6) The board shall develop policies and procedures related to federal educational
762     programs in accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National
763     Education Programs Act.
764          (7) On or before December 31, 2010, the State Board of Education shall review
765     mandates or requirements provided for in board rule to determine whether certain mandates or
766     requirements could be waived to remove funding pressures on public schools on a temporary
767     basis.
768          (8) (a) If an education entity violates this title or rules authorized under this title, the
769     board may, in accordance with the rules described in Subsection (8)(c):
770          (i) require the education entity to enter into a corrective action agreement with the
771     board;

772          (ii) temporarily or permanently withhold state funds from the education entity;
773          (iii) require the education entity to pay a penalty; or
774          (iv) require the education entity to reimburse specified state funds to the board.
775          (b) Except for temporarily withheld funds, if the board collects state funds under
776     Subsection (8)(a), the board shall pay the funds into the Uniform School Fund.
777          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
778     board shall make rules:
779          (i) that require notice and an opportunity to be heard for an education entity affected by
780     a board action described in Subsection (8)(a); and
781          (ii) to administer this Subsection (8).
782          (d) The board shall report criminal conduct of an education entity to the district
783     attorney of the county where the education entity is located.
784          (9) The board may audit the use of state funds by an education entity that receives
785     those state funds as a distribution from the board.
786          (10) The board may require, by rule made in accordance with Title 63G, Chapter 3,
787     Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for
788     an educational good or service, the LEA shall require in the contract that the third party
789     contractor shall provide, upon request of the LEA, information necessary for the LEA to verify
790     that the educational good or service complies with:
791          (a) this title; and
792          (b) board rule authorized under this title.
793          (11) (a) The board may appoint an attorney to provide legal advice to the board and
794     coordinate legal affairs for the board and the board's employees.
795          (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
796     Attorney General.
797          (c) An attorney described in Subsection (11)(a) may not:
798          (i) conduct litigation;
799          (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
800     or
801          (iii) issue formal legal opinions.
802          (12) The board shall ensure that any training or certification that an employee of the

803     public education system is required to complete under this title or by rule complies with Title
804     63G, Chapter 22, State Training and Certification Requirements.
805          Section 19. Section 53B-1-103 is amended to read:
806          53B-1-103. Establishment of State Board of Regents -- Powers, duties, and
807     authority.
808          (1) There is established a State Board of Regents.
809          (2) (a) Except as provided in Subsection (2)(b), the board shall control, manage, and
810     supervise the institutions of higher education designated in Section 53B-1-102 in a manner
811     consistent with the policy and purpose of this title and the specific powers and responsibilities
812     granted to the board.
813          (b) The board may only exercise powers relating to the Utah System of Technical
814     Colleges Board of Trustees, the Utah System of Technical Colleges, or a technical college that
815     are specifically provided in this title.
816          (3) The board shall, for the Utah System of Higher Education:
817          (a) provide strategic leadership and link system capacity to the economy and workforce
818     needs;
819          (b) enhance the impact and efficiency of the system;
820          (c) establish measurable goals and metrics and delineate the expected contributions of
821     individual institutions of higher education toward these goals;
822          (d) evaluate presidents based on institutional performance;
823          (e) delegate to presidents the authority to manage the presidents' institutions of higher
824     education;
825          (f) administer statewide functions including system data collection and reporting;
826          (g) establish unified budget, finance, and capital funding priorities and practices; and
827          (h) provide system leadership on issues that have a system-wide impact, including:
828          (i) statewide college access and college preparedness initiatives;
829          (ii) learning opportunities drawn from multiple campuses or online learning options,
830     including new modes of delivery of content at multiple locations;
831          (iii) degree program requirement guidelines including credit hour limits, articulation
832     agreements, and transfer across institutions;
833          (iv) alignment of general education requirements across institutions of higher

834     education;
835          (v) incorporation of evidence-based practices that increase college completion; and
836          (vi) monitoring of workforce needs, with an emphasis on credentials that build upon
837     one another.
838          (4) The board shall coordinate and support articulation agreements between the Utah
839     System of Technical Colleges or a technical college and other institutions of higher education.
840          (5) The board shall prepare and submit an annual report detailing the board's progress
841     and recommendations on career and technical education issues and addressing workforce needs
842     to the governor and to the Legislature's Education Interim Committee by October 31 of each
843     year, which shall include information detailing:
844          (a) how the career and technical education needs of secondary students are being met
845     by institutions of higher education described in Subsection 53B-1-102(1)(a), including the
846     access secondary students have to programs offered by Salt Lake Community College's School
847     of Applied Technology, Snow College, and Utah State University Eastern;
848          (b) how the emphasis on high demand, high wage, and high skill jobs in business and
849     industry is being provided;
850          (c) performance outcomes, including:
851          (i) entered employment;
852          (ii) job retention; and
853          (iii) earnings;
854          (d) an analysis of workforce needs and efforts to meet workforce needs; and
855          (e) student tuition and fees.
856          (6) The board may modify the name of an institution described in Subsection
857     53B-1-102(1)(a) to reflect the role and general course of study of the institution.
858          (7) The board may not conduct a feasibility study or perform another act relating to
859     merging a technical college with another institution of higher education.
860          (8) This section does not affect the power and authority vested in the State Board of
861     Education to apply for, accept, and manage federal appropriations for the establishment and
862     maintenance of career and technical education.
863          (9) The board shall ensure that any training or certification that an employee of the
864     higher education system is required to complete under this title or by board rule complies with

865     Title 63G, Chapter 22, State Training and Certification Requirements.
866          Section 20. Section 53D-1-303 is amended to read:
867          53D-1-303. Board authority and duties.
868          (1) The board has broad policymaking authority over the office and the trust fund.
869          (2) (a) The board shall establish policies for the management of:
870          (i) the office, including:
871          (A) an investment management code of conduct and associated compliance policy;
872          (B) a policy for the strategic allocation of trust fund assets;
873          (C) a soft dollar policy; and
874          (D) a policy articulating the board's investment philosophy for trust fund assets; and
875          (ii) the trust fund.
876          (b) Policies that the board adopts shall:
877          (i) be consistent with the enabling act, the Utah Constitution, and other applicable state
878     law;
879          (ii) reflect undivided loyalty to the beneficiaries consistent with fiduciary duties;
880          (iii) be designed to prudently optimize trust fund returns and increase the value of the
881     trust fund, consistent with the balancing of short-term and long-term interests, so that the
882     fiduciary duty of intergenerational equity is met;
883          (iv) be designed to maintain the integrity of the trust fund and prevent the
884     misapplication of money in the trust fund;
885          (v) enable the board to oversee the activities of the office; and
886          (vi) otherwise be in accordance with standard trust principles as provided by state law.
887          (3) The board shall:
888          (a) establish a conflict of interest policy for the office and board members;
889          (b) establish policies governing the evaluation, selection, and monitoring of
890     independent custodial arrangements;
891          (c) ensure that the office is managed according to law;
892          (d) establish bylaws to govern the board;
893          (e) establish the compensation of the director;
894          (f) annually examine the compensation and performance of the director as part of the
895     board's budget review process;

896          (g) annually report the director's compensation to the Legislature; and
897          (h) (i) adopt policies to provide for annual training of board members regarding their
898     duties and responsibilities[.]; and
899          (ii) ensure that any training described in Subsection (3)(h)(i) complies with Title 63G,
900     Chapter 22, State Training and Certification Requirements.
901          (4) The board may:
902          (a) after conferring with the director:
903          (i) hire one or more consultants to advise the board, director, or office on issues
904     affecting the management of the trust fund; and
905          (ii) pay compensation to any consultant hired under Subsection (4)(a)(i), subject to
906     budgetary constraints; and
907          (b) submit to the director a written question or set of questions concerning policies and
908     practices affecting the management of the trust fund.
909          Section 21. Section 59-2-702 is amended to read:
910          59-2-702. Education and training of appraisers -- Continuing education for
911     appraisers and county assessors.
912          (1) The commission shall conduct, at its own expense, a program of education and
913     training of appraisal personnel preparatory to the examination of applicants for appraisers' and
914     assessors' certification or licensure required by Section 59-2-701.
915          (2) To ensure that the assessment of property will be performed in a professional
916     manner by competent personnel, meeting specified professional qualifications, the commission
917     shall conduct a continuing program of in-service education and training for county assessors
918     and property appraisers in the principles and practices of assessment and appraisal of property.
919     For this purpose the commission may cooperate with educational institutions, local, regional,
920     state, or national assessors' organizations, and with other appropriate professional
921     organizations. The commission may reimburse the participation expenses incurred by
922     assessors and other employees of the state or its subdivisions whose attendance at in-service
923     training programs is approved by the commission.
924          (3) The commission shall ensure that any training or continuing education required
925     under this section complies with Title 63G, Chapter 22, State Training and Certification
926     Requirements.

927          Section 22. Section 59-2-1001 is amended to read:
928          59-2-1001. County board of equalization -- Public hearings -- Hearing officers --
929     Notice of decision -- Rulemaking.
930          (1) The county legislative body is the county board of equalization and the county
931     auditor is the clerk of the county board of equalization.
932          (2) The county board of equalization shall adjust and equalize the valuation and
933     assessment of the real and personal property within the county, subject to regulation and
934     control by the commission, as prescribed by law. The county board of equalization shall meet
935     and hold public hearings each year to examine the assessment roll and equalize the assessment
936     of property in the county, including the assessment for general taxes of all taxing entities
937     located in the county.
938          (3) (a) Except as provided in Subsection (3)(d), a county board of equalization may:
939          (i) appoint an appraiser licensed in accordance with Title 61, Chapter 2g, Real Estate
940     Appraiser Licensing and Certification Act, as a hearing officer for the purpose of examining an
941     applicant or a witness; or
942          (ii) appoint an individual who is not licensed in accordance with Title 61, Chapter 2g,
943     Real Estate Appraiser Licensing and Certification Act, as a hearing officer for the purpose of
944     examining an applicant or a witness if the county board of equalization determines that the
945     individual has competency relevant to the work of a hearing officer, including competency in:
946          (A) real estate;
947          (B) finance;
948          (C) economics;
949          (D) public administration; or
950          (E) law.
951          (b) Except as provided in Subsection (3)(d), beginning on January 1, 2014, a county
952     board of equalization may only allow an individual to serve as a hearing officer for the
953     purposes of examining an applicant or a witness if the individual has completed a course the
954     commission:
955          (i) develops in accordance with Subsection (3)(c)(i); or
956          (ii) approves in accordance with Subsection (3)(c)(ii).
957          (c) (i) On or before January 1, 2014, the commission shall develop a hearing officer

958     training course that includes training in property valuation and administrative law.
959          (ii) In addition to the course the commission develops in accordance with Subsection
960     (3)(c)(i), the commission may approve a hearing officer training course provided by a county or
961     a private entity if the course includes training in property valuation and administrative law.
962          (iii) The commission shall ensure that any training described in this Subsection (3)(c)
963     complies with Title 63G, Chapter 22, State Training and Certification Requirements.
964          (d) A county board of equalization may not appoint a person employed by an assessor's
965     office as a hearing officer.
966          (e) A hearing officer shall transmit the hearing officer's findings to the board, where a
967     quorum shall be required for final action upon any application for exemption, deferral,
968     reduction, or abatement.
969          (4) The clerk of the board of equalization shall notify the taxpayer, in writing, of any
970     decision of the board. The decision shall include any adjustment in the amount of taxes due on
971     the property resulting from a change in the taxable value and shall be considered the corrected
972     tax notice.
973          (5) During the session of the board, the assessor or any deputy whose testimony is
974     needed shall be present and may make any statement or introduce and examine witnesses on
975     questions before the board.
976          (6) The county board of equalization may make and enforce any rule which is
977     consistent with statute or commission rule and necessary for the government of the board, the
978     preservation of order, and the transaction of business.
979          Section 23. Section 62A-1-111 is amended to read:
980          62A-1-111. Department authority.
981          The department may, in addition to all other authority and responsibility granted to the
982     department by law:
983          (1) adopt rules, not inconsistent with law, as the department may consider necessary or
984     desirable for providing social services to the people of this state;
985          (2) establish and manage client trust accounts in the department's institutions and
986     community programs, at the request of the client or the client's legal guardian or representative,
987     or in accordance with federal law;
988          (3) purchase, as authorized or required by law, services that the department is

989     responsible to provide for legally eligible persons;
990          (4) conduct adjudicative proceedings for clients and providers in accordance with the
991     procedures of Title 63G, Chapter 4, Administrative Procedures Act;
992          (5) establish eligibility standards for its programs, not inconsistent with state or federal
993     law or regulations;
994          (6) take necessary steps, including legal action, to recover money or the monetary value
995     of services provided to a recipient who was not eligible;
996          (7) set and collect fees for its services;
997          (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
998     or limited by law;
999          (9) acquire, manage, and dispose of any real or personal property needed or owned by
1000     the department, not inconsistent with state law;
1001          (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
1002     the proceeds thereof, may be credited to the program designated by the donor, and may be used
1003     for the purposes requested by the donor, as long as the request conforms to state and federal
1004     policy; all donated funds shall be considered private, nonlapsing funds and may be invested
1005     under guidelines established by the state treasurer;
1006          (11) accept and employ volunteer labor or services; the department is authorized to
1007     reimburse volunteers for necessary expenses, when the department considers that
1008     reimbursement to be appropriate;
1009          (12) carry out the responsibility assigned in the workforce services plan by the State
1010     Workforce Development Board;
1011          (13) carry out the responsibility assigned by Section 35A-8-602 with respect to
1012     coordination of services for the homeless;
1013          (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
1014     coordination of services for students with a disability;
1015          (15) provide training and educational opportunities for its staff;
1016          (16) collect child support payments and any other money due to the department;
1017          (17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
1018     whose child lives out of the home in a department licensed or certified setting;
1019          (18) establish policy and procedures, within appropriations authorized by the

1020     Legislature, in cases where the department is given custody of a minor by the juvenile court
1021     under Section 78A-6-117 or ordered to prepare an attainment plan for a minor found not
1022     competent to proceed under Section 78A-6-1301; any policy and procedures shall include:
1023          (a) designation of interagency teams for each juvenile court district in the state;
1024          (b) delineation of assessment criteria and procedures;
1025          (c) minimum requirements, and timeframes, for the development and implementation
1026     of a collaborative service plan for each minor placed in department custody; and
1027          (d) provisions for submittal of the plan and periodic progress reports to the court;
1028          (19) carry out the responsibilities assigned to it by statute;
1029          (20) examine and audit the expenditures of any public funds provided to local
1030     substance abuse authorities, local mental health authorities, local area agencies on aging, and
1031     any person, agency, or organization that contracts with or receives funds from those authorities
1032     or agencies. Those local authorities, area agencies, and any person or entity that contracts with
1033     or receives funds from those authorities or area agencies, shall provide the department with any
1034     information the department considers necessary. The department is further authorized to issue
1035     directives resulting from any examination or audit to local authorities, area agencies, and
1036     persons or entities that contract with or receive funds from those authorities with regard to any
1037     public funds. If the department determines that it is necessary to withhold funds from a local
1038     mental health authority or local substance abuse authority based on failure to comply with state
1039     or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
1040     services. For purposes of this Subsection (20) "public funds" means the same as that term is
1041     defined in Section 62A-15-102;
1042          (21) pursuant to Subsection 62A-2-106(1)(d), accredit one or more agencies and
1043     persons to provide intercountry adoption services; [and]
1044          (22) within appropriations authorized by the Legislature, promote and develop a
1045     system of care, as defined in Section 62A-1-104:
1046          (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
1047          (b) that encompasses the department, department contractors, and the divisions,
1048     offices, or institutions within the department, to:
1049          (i) navigate services, funding resources, and relationships to the benefit of the children
1050     and families whom the department serves;

1051          (ii) centralize department operations, including procurement and contracting;
1052          (iii) develop policies that govern business operations and that facilitate a system of care
1053     approach to service delivery;
1054          (iv) allocate resources that may be used for the children and families served by the
1055     department or the divisions, offices, or institutions within the department, subject to the
1056     restrictions in Section 63J-1-206;
1057          (v) create performance-based measures for the provision of services; and
1058          (vi) centralize other business operations, including data matching and sharing among
1059     the department's divisions, offices, and institutions[.]; and
1060          (23) ensure that any training or certification required of a public official or public
1061     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1062     22, State Training and Certification Requirements, if the training or certification is required:
1063          (a) under this title;
1064          (b) by the department; or
1065          (c) by an agency or division within the department.
1066          Section 24. Section 63A-1-117 is enacted to read:
1067          63A-1-117. Training and certification requirements.
1068          The department shall ensure that any training or certification required of a public
1069     official or public employee, as those terms are defined in Section 63G-22-102, complies with
1070     Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
1071     certification is required:
1072          (1) under this title;
1073          (2) by the department; or
1074          (3) by an agency or division within the department.
1075          Section 25. Section 63F-1-104 is amended to read:
1076          63F-1-104. Purposes.
1077          The department shall:
1078          (1) lead state executive branch agency efforts to establish and reengineer the state's
1079     information technology architecture with the goal of coordinating central and individual agency
1080     information technology in a manner that:
1081          (a) ensures compliance with the executive branch agency strategic plan; and

1082          (b) ensures that cost-effective, efficient information and communication systems and
1083     resources are being used by agencies to:
1084          (i) reduce data, hardware, and software redundancy;
1085          (ii) improve system interoperability and data accessibility between agencies; and
1086          (iii) meet the agency's and user's business and service needs;
1087          (2) coordinate an executive branch strategic plan for all agencies;
1088          (3) develop and implement processes to replicate information technology best practices
1089     and standards throughout the executive branch;
1090          (4) at least once every odd-numbered year:
1091          (a) evaluate the adequacy of the department's and the executive branch agencies' data
1092     and information technology system security standards through an independent third party
1093     assessment; and
1094          (b) communicate the results of the independent third party assessment to the
1095     appropriate executive branch agencies and to the president of the Senate and the speaker of the
1096     House of Representatives;
1097          (5) oversee the expanded use and implementation of project and contract management
1098     principles as they relate to information technology projects within the executive branch;
1099          (6) serve as general contractor between the state's information technology users and
1100     private sector providers of information technology products and services;
1101          (7) work toward building stronger partnering relationships with providers;
1102          (8) develop service level agreements with executive branch departments and agencies
1103     to ensure quality products and services are delivered on schedule and within budget;
1104          (9) develop standards for application development including a standard methodology
1105     and cost-benefit analysis that all agencies shall utilize for application development activities;
1106          (10) determine and implement statewide efforts to standardize data elements;
1107          (11) develop systems and methodologies to review, evaluate, and prioritize existing
1108     information technology projects within the executive branch and report to the governor and the
1109     Public Utilities, Energy, and Technology Interim Committee on a semiannual basis regarding
1110     the status of information technology projects; [and]
1111          (12) assist the Governor's Office of Management and Budget with the development of
1112     information technology budgets for agencies[.]; and

1113          (13) ensure that any training or certification required of a public official or public
1114     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1115     22, State Training and Certification Requirements, if the training or certification is required:
1116          (a) under this title;
1117          (b) by the department; or
1118          (c) by an agency or division within the department.
1119          Section 26. Section 63G-6a-303 is amended to read:
1120          63G-6a-303. Duties and authority of chief procurement officer.
1121          (1) The chief procurement officer:
1122          (a) is the director of the division;
1123          (b) serves as the central procurement officer of the state;
1124          (c) serves as a voting member of the board; and
1125          (d) serves as the protest officer for a protest relating to a procurement of an executive
1126     branch procurement unit without independent procurement authority or a state cooperative
1127     contract procurement, unless the chief procurement officer designates another to serve as
1128     protest officer, as authorized in this chapter.
1129          (2) Except as otherwise provided in this chapter, the chief procurement officer shall:
1130          (a) develop procurement policies and procedures supporting ethical procurement
1131     practices, fair and open competition among vendors, and transparency within the state's
1132     procurement process;
1133          (b) administer the state's cooperative purchasing program, including state cooperative
1134     contracts and associated administrative fees;
1135          (c) enter into an agreement with a public entity for services provided by the division, if
1136     the agreement is in the best interest of the state;
1137          (d) ensure the division's compliance with any applicable law, rule, or policy, including
1138     a law, rule, or policy applicable to the division's role as an issuing procurement unit or
1139     conducting procurement unit, or as the state's central procurement organization;
1140          (e) manage the division's electronic procurement system;
1141          (f) oversee the recruitment, training, career development, certification requirements,
1142     and performance evaluation of the division's procurement personnel;
1143          (g) make procurement training available to procurement units and persons who do

1144     business with procurement units;
1145          (h) provide exemplary customer service and continually improve the division's
1146     procurement operations; [and]
1147          (i) exercise all other authority, fulfill all other duties and responsibilities, and perform
1148     all other functions authorized under this chapter[.]; and
1149          (j) ensure that any training described in this Subsection (2) complies with Title 63G,
1150     Chapter 22, State Training and Certification Requirements.
1151          (3) With respect to a procurement or contract over which the chief procurement officer
1152     has authority under this chapter, the chief procurement officer, except as otherwise provided in
1153     this chapter:
1154          (a) shall:
1155          (i) manage and supervise a procurement to ensure to the extent practicable that
1156     taxpayers receive the best value;
1157          (ii) prepare and issue standard specifications for procurement items;
1158          (iii) review contracts, coordinate contract compliance, conduct contract audits, and
1159     approve change orders;
1160          (iv) in accordance with Section 63F-1-205, coordinate with the Department of
1161     Technology Services, created in Section 63F-1-103, with respect to the procurement of
1162     information technology services by an executive branch procurement unit;
1163          (v) correct, amend, or cancel a procurement at any stage of the procurement process if
1164     the procurement is out of compliance with this chapter or a board rule;
1165          (vi) after consultation with the attorney general's office, correct, amend, or cancel a
1166     contract at any time during the term of the contract if:
1167          (A) the contract is out of compliance with this chapter or a board rule; and
1168          (B) the chief procurement officer determines that correcting, amending, or canceling
1169     the contract is in the best interest of the state; and
1170          (vii) make a reasonable attempt to resolve a contract dispute, in coordination with the
1171     attorney general's office; and
1172          (b) may:
1173          (i) delegate limited purchasing authority to a state agency, with appropriate oversight
1174     and control to ensure compliance with this chapter;

1175          (ii) delegate duties and authority to an employee of the division, as the chief
1176     procurement officer considers appropriate;
1177          (iii) negotiate and settle contract overcharges, undercharges, and claims, in accordance
1178     with the law and after consultation with the attorney general's office;
1179          (iv) authorize a procurement unit to make a procurement pursuant to a regional
1180     solicitation, as defined in Subsection 63G-6a-2105[(2)](7), even if the procurement item is also
1181     offered under a state cooperative contract, if the chief procurement officer determines that the
1182     procurement pursuant to a regional solicitation is in the best interest of the acquiring
1183     procurement unit; and
1184          (v) remove an individual from the procurement process or contract administration for:
1185          (A) having a conflict of interest or the appearance of a conflict of interest with a person
1186     responding to a solicitation or with a contractor;
1187          (B) having a bias or the appearance of bias for or against a person responding to a
1188     solicitation or for or against a contractor;
1189          (C) making an inconsistent or unexplainable score for a solicitation response;
1190          (D) having inappropriate contact or communication with a person responding to a
1191     solicitation;
1192          (E) socializing inappropriately with a person responding to a solicitation or with a
1193     contractor;
1194          (F) engaging in any other action or having any other association that causes the chief
1195     procurement officer to conclude that the individual cannot fairly evaluate a solicitation
1196     response or administer a contract; or
1197          (G) any other violation of a law, rule, or policy.
1198          (4) The chief procurement officer may not delegate to an individual outside the
1199     division the chief procurement officer's authority over a procurement described in Subsection
1200     (3)(a)(iv).
1201          (5) The chief procurement officer has final authority to determine whether an executive
1202     branch procurement unit's anticipated expenditure of public funds, anticipated agreement to
1203     expend public funds, or provision of a benefit constitutes a procurement that is subject to this
1204     chapter.
1205          (6) Except as otherwise provided in this chapter, the chief procurement officer shall

1206     review, monitor, and audit the procurement activities and delegated procurement authority of
1207     an executive branch procurement unit without independent procurement authority to ensure
1208     compliance with this chapter, rules made by the applicable rulemaking authority, and division
1209     policies.
1210          Section 27. Section 63G-22-101 is enacted to read:
1211     
CHAPTER 22. STATE TRAINING AND CERTIFICATION REQUIREMENTS

1212          63G-22-101. Title.
1213          This chapter is known as "State Training and Certification Requirements."
1214          Section 28. Section 63G-22-102 is enacted to read:
1215          63G-22-102. Definitions.
1216          As used in this chapter:
1217          (1) "Political subdivision" means:
1218          (a) a county;
1219          (b) a municipality, as defined in Section 10-1-104;
1220          (c) a local district;
1221          (d) a special service district;
1222          (e) an interlocal entity, as defined in Section 11-13-103;
1223          (f) a community reinvestment agency;
1224          (g) a local building authority; or
1225          (h) a conservation district.
1226          (2) Ĥ→ (a) ←Ĥ "Public employee" means any individual employed by or volunteering
1226a     for a state
1227     agency or a political subdivision who is not a public official.
1227a      Ĥ→ (b) "Public employee" does not include an individual employed by or volunteering for
1227b     a taxed interlocal entity. ←Ĥ
1228          (3) Ĥ→ (a) ←Ĥ "Public official" means:
1229          Ĥ→ [
(a)] (i) ←Ĥ an appointed official or an elected official as those terms are
1229a     defined in Section
1230     67-19-6.7; or
1231          Ĥ→ [
(b)] (ii) ←Ĥ an individual elected or appointed to a county office, municipal office,
1231a     school board
1232     or school district office, local district office, or special service district office.
1232a      Ĥ→ (b) "Public official" does not include an appointed or elected official of a taxed
1232b     interlocal entity. ←Ĥ
1233          (4) "State agency" means a department, division, board, council, committee, institution,
1234     office, bureau, or other similar administrative unit of the executive branch of state government.
1234a     Ĥ→ (5) "Taxed interlocal entity" means the same as that term is defined in
1234b     Section 11-13-602. ←Ĥ
1235          Section 29. Section 63G-22-103 is enacted to read:
1236          63G-22-103. State training and certification requirements.
1237          Each state agency or political subdivision Ŝ→ [
shall ensure] ←Ŝ that Ŝ→ provides ←Ŝ any
1237a     training or certification
1238     that Ŝ→ [
the] any ←Ŝ state agency or political subdivision requires a public employee or public
1238a     official to
1239     complete Ŝ→ [
is presented] shall present the training ←Ŝ or Ŝ→ make the training ←Ŝ
1239a      available in an online web-based format, which may include a live
1240     webinar, unless:
1241          (1) the training or certification Ĥ→ :
1241a      (i) ←Ĥ includes a physical or interactive component that Ĥ→ , in the reasonable
1241b      determination of the agency or political subdivision, the attendee ←Ĥ can
1242     only Ĥ→ [
be completed] complete ←Ĥ in person; or
1242a      Ĥ→ (ii) takes place over consecutive full-day sessions; or ←Ĥ
1243          (2) no required attendee will travel more than 50 miles from the attendee's primary
1244     residence Ĥ→ or place of employment, whichever is closer to the training site, ←Ĥ to attend
1244a     the training.
1245          Section 30. Section 64-13-6 is amended to read:
1246          64-13-6. Department duties.
1247          (1) The department shall:
1248          (a) protect the public through institutional care and confinement, and supervision in the
1249     community of offenders where appropriate;
1250          (b) implement court-ordered punishment of offenders;
1251          (c) provide program opportunities for offenders;
1252          (d) provide treatment for sex offenders who are found to be treatable based upon
1253     criteria developed by the department;
1254          (e) provide the results of ongoing assessment of sex offenders and objective diagnostic
1255     testing to sentencing and release authorities;
1256          (f) manage programs that take into account the needs and interests of victims, where
1257     reasonable;
1258          (g) supervise probationers and parolees as directed by statute and implemented by the
1259     courts and the Board of Pardons and Parole;
1260          (h) subject to Subsection (2), investigate criminal conduct involving offenders
1261     incarcerated in a state correctional facility;
1262          (i) cooperate and exchange information with other state, local, and federal law
1263     enforcement agencies to achieve greater success in prevention and detection of crime and
1264     apprehension of criminals;
1265          (j) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
1266     Offender Supervision; [and]
1267          (k) establish a case action plan for each offender as follows:

1268          (i) if an offender is to be supervised in the community, the case action plan shall be
1269     established for the offender not more than 90 days after supervision by the department begins;
1270     and
1271          (ii) if the offender is committed to the custody of the department, the case action plan
1272     shall be established for the offender not more than 120 days after the commitment[.]; and
1273          (l) ensure that any training or certification required of a public official or public
1274     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1275     22, State Training and Certification Requirements, if the training or certification is required:
1276          (i) under this title;
1277          (ii) by the department; or
1278          (iii) by an agency or division within the department.
1279          (2) The department may in the course of supervising probationers and parolees:
1280          (a) impose graduated sanctions, as established by the Utah Sentencing Commission
1281     under Subsection 63M-7-404(6), for an individual's violation of one or more terms of the
1282     probation or parole; and
1283          (b) upon approval by the court or the Board of Pardons and Parole, impose as a
1284     sanction for an individual's violation of the terms of probation or parole a period of
1285     incarceration of not more than three consecutive days and not more than a total of five days
1286     within a period of 30 days.
1287          (3) (a) By following the procedures in Subsection (3)(b), the department may
1288     investigate the following occurrences at state correctional facilities:
1289          (i) criminal conduct of departmental employees;
1290          (ii) felony crimes resulting in serious bodily injury;
1291          (iii) death of any person; or
1292          (iv) aggravated kidnaping.
1293          (b) Prior to investigating any occurrence specified in Subsection (3)(a), the department
1294     shall:
1295          (i) notify the sheriff or other appropriate law enforcement agency promptly after
1296     ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
1297     occurred; and
1298          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to

1299     conduct an investigation involving an occurrence specified in Subsection (3)(a).
1300          (4) Upon request, the department shall provide copies of investigative reports of
1301     criminal conduct to the sheriff or other appropriate law enforcement agencies.
1302          (5) The Department of Corrections shall collect accounts receivable ordered by the
1303     district court as a result of prosecution for a criminal offense according to the requirements and
1304     during the time periods established in Subsection 77-18-1(9).
1305          Section 31. Section 67-3-1 is amended to read:
1306          67-3-1. Functions and duties.
1307          (1) (a) The state auditor is the auditor of public accounts and is independent of any
1308     executive or administrative officers of the state.
1309          (b) The state auditor is not limited in the selection of personnel or in the determination
1310     of the reasonable and necessary expenses of the state auditor's office.
1311          (2) The state auditor shall examine and certify annually in respect to each fiscal year,
1312     financial statements showing:
1313          (a) the condition of the state's finances;
1314          (b) the revenues received or accrued;
1315          (c) expenditures paid or accrued;
1316          (d) the amount of unexpended or unencumbered balances of the appropriations to the
1317     agencies, departments, divisions, commissions, and institutions; and
1318          (e) the cash balances of the funds in the custody of the state treasurer.
1319          (3) (a) The state auditor shall:
1320          (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
1321     any department of state government or any independent agency or public corporation as the law
1322     requires, as the auditor determines is necessary, or upon request of the governor or the
1323     Legislature;
1324          (ii) perform the audits in accordance with generally accepted auditing standards and
1325     other auditing procedures as promulgated by recognized authoritative bodies;
1326          (iii) as the auditor determines is necessary, conduct the audits to determine:
1327          (A) honesty and integrity in fiscal affairs;
1328          (B) accuracy and reliability of financial statements;
1329          (C) effectiveness and adequacy of financial controls; and

1330          (D) compliance with the law.
1331          (b) If any state entity receives federal funding, the state auditor shall ensure that the
1332     audit is performed in accordance with federal audit requirements.
1333          (c) (i) The costs of the federal compliance portion of the audit may be paid from an
1334     appropriation to the state auditor from the General Fund.
1335          (ii) If an appropriation is not provided, or if the federal government does not
1336     specifically provide for payment of audit costs, the costs of the federal compliance portions of
1337     the audit shall be allocated on the basis of the percentage that each state entity's federal funding
1338     bears to the total federal funds received by the state.
1339          (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
1340     funds passed through the state to local governments and to reflect any reduction in audit time
1341     obtained through the use of internal auditors working under the direction of the state auditor.
1342          (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
1343     financial audits, and as the auditor determines is necessary, conduct performance and special
1344     purpose audits, examinations, and reviews of any entity that receives public funds, including a
1345     determination of any or all of the following:
1346          (i) the honesty and integrity of all its fiscal affairs;
1347          (ii) whether or not its administrators have faithfully complied with legislative intent;
1348          (iii) whether or not its operations have been conducted in an efficient, effective, and
1349     cost-efficient manner;
1350          (iv) whether or not its programs have been effective in accomplishing the intended
1351     objectives; and
1352          (v) whether or not its management, control, and information systems are adequate,
1353     effective, and secure.
1354          (b) The auditor may not conduct performance and special purpose audits,
1355     examinations, and reviews of any entity that receives public funds if the entity:
1356          (i) has an elected auditor; and
1357          (ii) has, within the entity's last budget year, had its financial statements or performance
1358     formally reviewed by another outside auditor.
1359          (5) The state auditor shall administer any oath or affirmation necessary to the
1360     performance of the duties of the auditor's office, and may subpoena witnesses and documents,

1361     whether electronic or otherwise, and examine into any matter that the auditor considers
1362     necessary.
1363          (6) The state auditor may require all persons who have had the disposition or
1364     management of any property of this state or its political subdivisions to submit statements
1365     regarding it at the time and in the form that the auditor requires.
1366          (7) The state auditor shall:
1367          (a) except where otherwise provided by law, institute suits in Salt Lake County in
1368     relation to the assessment, collection, and payment of its revenues against:
1369          (i) persons who by any means have become entrusted with public money or property
1370     and have failed to pay over or deliver the money or property; and
1371          (ii) all debtors of the state;
1372          (b) collect and pay into the state treasury all fees received by the state auditor;
1373          (c) perform the duties of a member of all boards of which the state auditor is a member
1374     by the constitution or laws of the state, and any other duties that are prescribed by the
1375     constitution and by law;
1376          (d) stop the payment of the salary of any state official or state employee who:
1377          (i) refuses to settle accounts or provide required statements about the custody and
1378     disposition of public funds or other state property;
1379          (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
1380     board or department head with respect to the manner of keeping prescribed accounts or funds;
1381     or
1382          (iii) fails to correct any delinquencies, improper procedures, and errors brought to the
1383     official's or employee's attention;
1384          (e) establish accounting systems, methods, and forms for public accounts in all taxing
1385     or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
1386          (f) superintend the contractual auditing of all state accounts;
1387          (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
1388     property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
1389     officials and employees in those taxing units comply with state laws and procedures in the
1390     budgeting, expenditures, and financial reporting of public funds; and
1391          (h) subject to Subsection (9), withhold the disbursement of tax money from any county,

1392     if necessary, to ensure that officials and employees in the county comply with Section
1393     59-2-303.1.
1394          (8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
1395     under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
1396     written notice of noncompliance from the auditor and has been given 60 days to make the
1397     specified corrections.
1398          (b) If, after receiving notice under Subsection (8)(a), a state or independent local
1399     fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
1400     laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
1401     state auditor:
1402          (i) shall provide a recommended timeline for corrective actions; and
1403          (ii) may prohibit the state or local fee-assessing unit from accessing money held by the
1404     state; and
1405          (iii) may prohibit a state or local fee-assessing unit from accessing money held in an
1406     account of a financial institution by filing an action in district court requesting an order of the
1407     court to prohibit a financial institution from providing the fee-assessing unit access to an
1408     account.
1409          (c) The state auditor shall remove a limitation on accessing funds under Subsection
1410     (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
1411     financial reporting of public funds.
1412          (d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
1413     state law, the state auditor:
1414          (i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
1415     comply;
1416          (ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
1417     state; and
1418          (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
1419     account of a financial institution by:
1420          (A) contacting the taxing or fee-assessing unit's financial institution and requesting that
1421     the institution prohibit access to the account; or
1422          (B) filing an action in district court requesting an order of the court to prohibit a

1423     financial institution from providing the taxing or fee-assessing unit access to an account.
1424          (e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
1425     law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
1426     (8)(d).
1427          (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
1428     received formal written notice of noncompliance from the auditor and has been given 60 days
1429     to make the specified corrections.
1430          (10) Notwithstanding Subsection (7)(g), (7)(h), (8)(b), or (8)(d) the state auditor:
1431          (a) shall authorize a disbursement by a state or local taxing or fee-assessing unit if the
1432     disbursement is necessary to:
1433          (i) avoid a major disruption in the operations of the state or local taxing or
1434     fee-assessing unit; or
1435          (ii) meet debt service obligations; and
1436          (b) may authorize a disbursement by a state or local taxing or fee-assessing unit as the
1437     state auditor determines is appropriate.
1438          (11) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
1439     take temporary custody of public funds if an action is necessary to protect public funds from
1440     being improperly diverted from their intended public purpose.
1441          (b) If the state auditor seeks relief under Subsection (11)(a):
1442          (i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
1443     and
1444          (ii) the state treasurer may hold the public funds in accordance with Section 67-4-1 if a
1445     court orders the public funds to be protected from improper diversion from their public
1446     purpose.
1447          (12) The state auditor shall:
1448          (a) establish audit guidelines and procedures for audits of local mental health and
1449     substance abuse authorities and their contract providers, conducted pursuant to Title 17,
1450     Chapter 43, Part 2, Local Substance Abuse Authorities, [and] Title 17, Chapter 43, Part 3, Local
1451     Mental Health Authorities, Title 51, Chapter 2a, Accounting Reports from Political
1452     Subdivisions, Interlocal Organizations, and Other Local Entities Act, and Title 62A, Chapter
1453     15, Substance Abuse and Mental Health Act; and

1454          (b) ensure that those guidelines and procedures provide assurances to the state that:
1455          (i) state and federal funds appropriated to local mental health authorities are used for
1456     mental health purposes;
1457          (ii) a private provider under an annual or otherwise ongoing contract to provide
1458     comprehensive mental health programs or services for a local mental health authority is in
1459     compliance with state and local contract requirements, and state and federal law;
1460          (iii) state and federal funds appropriated to local substance abuse authorities are used
1461     for substance abuse programs and services; and
1462          (iv) a private provider under an annual or otherwise ongoing contract to provide
1463     comprehensive substance abuse programs or services for a local substance abuse authority is in
1464     compliance with state and local contract requirements, and state and federal law.
1465          (13) The state auditor may, in accordance with the auditor's responsibilities for political
1466     subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political
1467     Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
1468     investigations of any political subdivision that are necessary to determine honesty and integrity
1469     in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
1470     financial controls and compliance with the law.
1471          (14) (a) The state auditor may not audit work that the state auditor performed before
1472     becoming state auditor.
1473          (b) If the state auditor has previously been a responsible official in state government
1474     whose work has not yet been audited, the Legislature shall:
1475          (i) designate how that work shall be audited; and
1476          (ii) provide additional funding for those audits, if necessary.
1477          (15) The state auditor shall:
1478          (a) with the assistance, advice, and recommendations of an advisory committee
1479     appointed by the state auditor from among local district boards of trustees, officers, and
1480     employees and special service district boards, officers, and employees:
1481          (i) prepare a Uniform Accounting Manual for Local Districts that:
1482          (A) prescribes a uniform system of accounting and uniform budgeting and reporting
1483     procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
1484     Local Districts, and special service districts under Title 17D, Chapter 1, Special Service

1485     District Act;
1486          (B) conforms with generally accepted accounting principles; and
1487          (C) prescribes reasonable exceptions and modifications for smaller districts to the
1488     uniform system of accounting, budgeting, and reporting;
1489          (ii) maintain the manual under this Subsection (15)(a) so that it continues to reflect
1490     generally accepted accounting principles;
1491          (iii) conduct a continuing review and modification of procedures in order to improve
1492     them;
1493          (iv) prepare and supply each district with suitable budget and reporting forms; and
1494          (v) (A) prepare instructional materials, conduct training programs, and render other
1495     services considered necessary to assist local districts and special service districts in
1496     implementing the uniform accounting, budgeting, and reporting procedures; and
1497          (B) ensure that any training described in Subsection (15)(a)(v)(A) complies with Title
1498     63G, Chapter 22, State Training and Certification Requirements; and
1499          (b) continually analyze and evaluate the accounting, budgeting, and reporting practices
1500     and experiences of specific local districts and special service districts selected by the state
1501     auditor and make the information available to all districts.
1502          (16) (a) The following records in the custody or control of the state auditor are
1503     protected records under Title 63G, Chapter 2, Government Records Access and Management
1504     Act:
1505          (i) records that would disclose information relating to allegations of personal
1506     misconduct, gross mismanagement, or illegal activity of a past or present governmental
1507     employee if the information or allegation cannot be corroborated by the state auditor through
1508     other documents or evidence, and the records relating to the allegation are not relied upon by
1509     the state auditor in preparing a final audit report;
1510          (ii) records and audit workpapers to the extent they would disclose the identity of a
1511     person who during the course of an audit, communicated the existence of any waste of public
1512     funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
1513     adopted under the laws of this state, a political subdivision of the state, or any recognized entity
1514     of the United States, if the information was disclosed on the condition that the identity of the
1515     person be protected;

1516          (iii) before an audit is completed and the final audit report is released, records or drafts
1517     circulated to a person who is not an employee or head of a governmental entity for their
1518     response or information;
1519          (iv) records that would disclose an outline or part of any audit survey plans or audit
1520     program; and
1521          (v) requests for audits, if disclosure would risk circumvention of an audit.
1522          (b) The provisions of Subsections (16)(a)(i), (ii), and (iii) do not prohibit the disclosure
1523     of records or information that relate to a violation of the law by a governmental entity or
1524     employee to a government prosecutor or peace officer.
1525          (c) The provisions of this Subsection (16) do not limit the authority otherwise given to
1526     the state auditor to classify a document as public, private, controlled, or protected under Title
1527     63G, Chapter 2, Government Records Access and Management Act.
1528          (d) (i) As used in this Subsection (16)(d), "record dispute" means a dispute between the
1529     state auditor and the subject of an audit performed by the state auditor as to whether the state
1530     auditor may release a record, as defined in Section 63G-2-103, to the public that the state
1531     auditor gained access to in the course of the state auditor's audit but which the subject of the
1532     audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
1533     Access and Management Act.
1534          (ii) The state auditor may submit a record dispute to the State Records Committee,
1535     created in Section 63G-2-501, for a determination of whether the state auditor may, in
1536     conjunction with the state auditor's release of an audit report, release to the public the record
1537     that is the subject of the record dispute.
1538          (iii) The state auditor or the subject of the audit may seek judicial review of a State
1539     Records Committee determination under Subsection (16)(d)(ii), as provided in Section
1540     63G-2-404.
1541          (17) If the state auditor conducts an audit of an entity that the state auditor has
1542     previously audited and finds that the entity has not implemented a recommendation made by
1543     the state auditor in a previous audit, the state auditor shall notify the Legislative Management
1544     Committee through its audit subcommittee that the entity has not implemented that
1545     recommendation.
1546          Section 32. Section 67-5-1 is amended to read:

1547          67-5-1. General duties.
1548          The attorney general shall:
1549          (1) perform all duties in a manner consistent with the attorney-client relationship under
1550     Section 67-5-17;
1551          (2) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court
1552     and the Court of Appeals of this state, and all courts of the United States, and prosecute or
1553     defend all causes to which the state or any officer, board, or commission of the state in an
1554     official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
1555     state is interested;
1556          (3) after judgment on any cause referred to in Subsection (2), direct the issuance of
1557     process as necessary to execute the judgment;
1558          (4) account for, and pay over to the proper officer, all money that comes into the
1559     attorney general's possession that belongs to the state;
1560          (5) keep a file of all cases in which the attorney general is required to appear, including
1561     any documents and papers showing the court in which the cases have been instituted and tried,
1562     and whether they are civil or criminal, and:
1563          (a) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
1564     judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
1565     satisfied, documentation of the return of the sheriff;
1566          (b) if criminal, the nature of the crime, the mode of prosecution, the stage of
1567     proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
1568     execution, if the sentence has been executed, and, if not executed, the reason for the delay or
1569     prevention; and
1570          (c) deliver this information to the attorney general's successor in office;
1571          (6) exercise supervisory powers over the district and county attorneys of the state in all
1572     matters pertaining to the duties of their offices, and from time to time require of them reports of
1573     the condition of public business entrusted to their charge;
1574          (7) give the attorney general's opinion in writing and without fee to the Legislature or
1575     either house and to any state officer, board, or commission, and to any county attorney or
1576     district attorney, when required, upon any question of law relating to their respective offices;
1577          (8) when required by the public service or directed by the governor, assist any county,

1578     district, or city attorney in the discharge of county, district, or city attorney's duties;
1579          (9) purchase in the name of the state, under the direction of the state Board of
1580     Examiners, any property offered for sale under execution issued upon judgments in favor of or
1581     for the use of the state, and enter satisfaction in whole or in part of the judgments as the
1582     consideration of the purchases;
1583          (10) when the property of a judgment debtor in any judgment mentioned in Subsection
1584     (9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
1585     taking precedence of the judgment in favor of the state, redeem the property, under the
1586     direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
1587     pay all money necessary for the redemption, upon the order of the state Board of Examiners,
1588     out of any money appropriated for these purposes;
1589          (11) when in the attorney general's opinion it is necessary for the collection or
1590     enforcement of any judgment, institute and prosecute on behalf of the state any action or
1591     proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
1592     debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
1593     Examiners, out of any money not otherwise appropriated;
1594          (12) discharge the duties of a member of all official boards of which the attorney
1595     general is or may be made a member by the Utah Constitution or by the laws of the state, and
1596     other duties prescribed by law;
1597          (13) institute and prosecute proper proceedings in any court of the state or of the
1598     United States to restrain and enjoin corporations organized under the laws of this or any other
1599     state or territory from acting illegally or in excess of their corporate powers or contrary to
1600     public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
1601     and wind up their affairs;
1602          (14) institute investigations for the recovery of all real or personal property that may
1603     have escheated or should escheat to the state, and for that purpose, subpoena any persons
1604     before any of the district courts to answer inquiries and render accounts concerning any
1605     property, examine all books and papers of any corporations, and when any real or personal
1606     property is discovered that should escheat to the state, institute suit in the district court of the
1607     county where the property is situated for its recovery, and escheat that property to the state;
1608          (15) administer the Children's Justice Center as a program to be implemented in

1609     various counties pursuant to Sections 67-5b-101 through 67-5b-107;
1610          (16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
1611     Constitutional and Federalism Defense Act;
1612          (17) pursue any appropriate legal action to implement the state's public lands policy
1613     established in Section 63C-4a-103;
1614          (18) investigate and prosecute violations of all applicable state laws relating to fraud in
1615     connection with the state Medicaid program and any other medical assistance program
1616     administered by the state, including violations of Title 26, Chapter 20, Utah False Claims Act;
1617          (19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
1618     at:
1619          (a) health care facilities that receive payments under the state Medicaid program; and
1620          (b) board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
1621     Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility;
1622          (20) (a) report at least twice per year to the Legislative Management Committee on any
1623     pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
1624          (i) cost the state more than $500,000; or
1625          (ii) require the state to take legally binding action that would cost more than $500,000
1626     to implement; and
1627          (b) if the meeting is closed, include an estimate of the state's potential financial or other
1628     legal exposure in that report;
1629          (21) (a) submit a written report to the committees described in Subsection (21)(b) that
1630     summarizes the status and progress of any lawsuits that challenge the constitutionality of state
1631     law that were pending at the time the attorney general submitted the attorney general's last
1632     report under this Subsection (21), including any:
1633          (i) settlements reached;
1634          (ii) consent decrees entered; or
1635          (iii) judgments issued; and
1636          (b) at least 30 days before the Legislature's May and November interim meetings,
1637     submit the report described in Subsection (21)(a) to:
1638          (i) the Legislative Management Committee;
1639          (ii) the Judiciary Interim Committee; and

1640          (iii) the Law Enforcement and Criminal Justice Interim Committee;
1641          (22) if the attorney general operates the Office of the Attorney General or any portion
1642     of the Office of the Attorney General as an internal service fund agency in accordance with
1643     Section 67-5-4, submit to the rate committee established in Section 67-5-34:
1644          (a) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and
1645          (b) any other information or analysis requested by the rate committee; [and]
1646          (23) before the end of each calendar year, create an annual performance report for the
1647     Office of the Attorney General and post the report on the attorney general's website[.]; and
1648          (24) ensure that any training required under this chapter complies with Title 63G,
1649     Chapter 22, State Training and Certification Requirements.
1650          Section 33. Section 67-5a-1 is amended to read:
1651          67-5a-1. Utah Prosecution Council -- Duties -- Membership.
1652          (1) There is created within the Office of the Attorney General the Utah Prosecution
1653     Council, referred to as the council in this chapter.
1654          (2) The council shall:
1655          (a) (i) provide training and continuing legal education for state and local prosecutors;
1656     and
1657          (ii) ensure that any training or continuing legal education described in Subsection
1658     (2)(a)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements;
1659          (b) provide assistance to local prosecutors; and
1660          (c) as funds are available and as are budgeted for this purpose, provide reimbursement
1661     for unusual expenses related to prosecution for violations of state laws.
1662          (3) The council shall be composed of 10 members, selected as follows:
1663          (a) the attorney general or a designated representative;
1664          (b) the commissioner of public safety or a designated representative;
1665          (c) four currently serving county or district attorneys designated by the county or
1666     district attorneys' section of the Utah Association of Counties; a county or district attorney's
1667     term expires when a successor is designated by the county or district attorneys' section or when
1668     he is no longer serving as a county attorney or district attorney, whichever occurs first;
1669          (d) two city prosecutors designated by the Utah Municipal Attorneys Association; a
1670     city prosecutor's term expires when a successor is designated by the association or when he is

1671     no longer employed as a city prosecutor, whichever occurs first;
1672          (e) the chair of the Board of Directors of the Statewide Association of Public Attorneys
1673     of Utah; and
1674          (f) the chair of the governing board of the Utah Prosecutorial Assistants Association.
1675          Section 34. Section 67-5b-102 is amended to read:
1676          67-5b-102. Children's Justice Center -- Duties of center.
1677          (1) (a) There is established a program, known as the Children's Justice Center Program,
1678     that provides a comprehensive, multidisciplinary, intergovernmental response to child abuse
1679     victims in a facility known as a Children's Justice Center.
1680          (b) The attorney general shall administer the program.
1681          (c) The attorney general shall:
1682          (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103;
1683          (ii) administer applications for state and federal grants and subgrants;
1684          (iii) staff the Advisory Board on Children's Justice;
1685          (iv) assist in the development of new centers;
1686          (v) coordinate services between centers;
1687          (vi) contract with counties and other entities for the provision of services;
1688          (vii) (A) provide training, technical assistance, and evaluation to centers; and
1689          (B) ensure that any training described in Subsection (1)(c)(vii)(A) complies with Title
1690     63G, Chapter 22, State Training and Certification Requirements; and
1691          (viii) provide other services to comply with established minimum practice standards as
1692     required to maintain the state's and centers' eligibility for grants and subgrants.
1693          (2) (a) The attorney general shall establish Children's Justice Centers, satellite offices,
1694     or multidisciplinary teams in Beaver County, Box Elder County, Cache County, Carbon
1695     County, Davis County, Duchesne County, Emery County, Grand County, Iron County, Kane
1696     County, Salt Lake County, San Juan County, Sanpete County, Sevier County, Summit County,
1697     Tooele County, Uintah County, Utah County, Wasatch County, Washington County, and
1698     Weber County.
1699          (b) The attorney general may establish other centers, satellites, or multidisciplinary
1700     teams within a county and in other counties of the state.
1701          (3) The attorney general and each center shall:

1702          (a) coordinate the activities of the public agencies involved in the investigation and
1703     prosecution of child abuse cases and the delivery of services to child abuse victims and child
1704     abuse victims' families;
1705          (b) provide a neutral, child-friendly program, where interviews are conducted and
1706     services are provided to facilitate the effective and appropriate disposition of child abuse cases
1707     in juvenile, civil, and criminal court proceedings;
1708          (c) facilitate a process for interviews of child abuse victims to be conducted in a
1709     professional and neutral manner;
1710          (d) obtain reliable and admissible information that can be used effectively in child
1711     abuse cases in the state;
1712          (e) maintain a multidisciplinary team that includes representatives of public agencies
1713     involved in the investigation and prosecution of child abuse cases and in the delivery of
1714     services to child abuse victims and child abuse victims' families;
1715          (f) hold regularly scheduled case reviews with the multidisciplinary team;
1716          (g) coordinate and track:
1717          (i) investigation of the alleged offense; and
1718          (ii) preparation of prosecution;
1719          (h) maintain a working protocol that addresses the center's procedures for conducting
1720     forensic interviews and case reviews, and for ensuring a child abuse victim's access to medical
1721     and mental health services;
1722          (i) maintain a system to track the status of cases and the provision of services to child
1723     abuse victims and child abuse victims' families;
1724          (j) provide training for professionals involved in the investigation and prosecution of
1725     child abuse cases and in the provision of related treatment and services;
1726          (k) enhance community understanding of child abuse cases; and
1727          (l) provide as many services as possible that are required for the thorough and effective
1728     investigation of child abuse cases.
1729          (4) To assist a center in fulfilling the requirements and statewide purposes as provided
1730     in Subsection (3), each center may obtain access to any relevant juvenile court legal records
1731     and adult court legal records, unless sealed by the court.
1732          Section 35. Section 67-19-6 is amended to read:

1733          67-19-6. Responsibilities of the executive director.
1734          (1) The executive director shall:
1735          (a) develop, implement, and administer a statewide program of human resource
1736     management that will:
1737          (i) aid in the efficient execution of public policy;
1738          (ii) foster careers in public service for qualified employees; and
1739          (iii) render assistance to state agencies in performing their missions;
1740          (b) design and administer the state pay plan;
1741          (c) design and administer the state classification system and procedures for determining
1742     schedule assignments;
1743          (d) design and administer the state recruitment and selection system;
1744          (e) administer agency human resource practices and ensure compliance with federal
1745     law, state law, and state human resource rules, including equal employment opportunity;
1746          (f) consult with agencies on decisions concerning employee corrective action and
1747     discipline;
1748          (g) maintain central personnel records;
1749          (h) perform those functions necessary to implement this chapter unless otherwise
1750     assigned or prohibited;
1751          (i) perform duties assigned by the governor or statute;
1752          (j) adopt rules for human resource management according to the procedures of Title
1753     63G, Chapter 3, Utah Administrative Rulemaking Act;
1754          (k) establish and maintain a management information system that will furnish the
1755     governor, the Legislature, and agencies with current information on authorized positions,
1756     payroll, and related matters concerning state human resources;
1757          (l) conduct research and planning activities to:
1758          (i) determine and prepare for future state human resource needs;
1759          (ii) develop methods for improving public human resource management; and
1760          (iii) propose needed policy changes to the governor;
1761          (m) study the character, causes, and extent of discrimination in state employment and
1762     develop plans for its elimination through programs consistent with federal and state laws
1763     governing equal employment opportunity in employment;

1764          (n) when requested by counties, municipalities, and other political subdivisions of the
1765     state, provide technical service and advice on human resource management at a charge
1766     determined by the executive director;
1767          (o) establish compensation policies and procedures for early voluntary retirement;
1768          (p) confer with the heads of other agencies about human resource policies and
1769     procedures;
1770          (q) submit an annual report to the governor and the Legislature; and
1771          (r) assist with the development of a vacant position report required under Subsection
1772     63J-1-201(2)(b)(vi).
1773          (2) (a) After consultation with the governor and the heads of other agencies, the
1774     executive director shall establish and coordinate statewide training programs, including and
1775     subject to available funding, the development of manager and supervisor training.
1776          (b) The programs developed under this Subsection (2) shall have application to more
1777     than one agency.
1778          (c) The department may not establish training programs that train employees to
1779     perform highly specialized or technical jobs and tasks.
1780          (d) The department shall ensure that any training program described in this Subsection
1781     (2) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
1782          (3) (a) (i) The department may collect fees for training as authorized by this Subsection
1783     (3).
1784          (ii) Training funded from General Fund appropriations shall be treated as a separate
1785     program within the department budget.
1786          (iii) All money received from fees under this section will be accounted for by the
1787     department as a separate user driven training program.
1788          (iv) The user training program includes the costs of developing, procuring, and
1789     presenting training and development programs, and other associated costs for these programs.
1790          (b) (i) Funds remaining at the end of the fiscal year in the user training program are
1791     nonlapsing.
1792          (ii) Each year, as part of the appropriations process, the Legislature shall review the
1793     amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
1794     the department to lapse a portion of the funds.

1795          Section 36. Section 67-19e-110 is amended to read:
1796          67-19e-110. Required training.
1797          (1) Each year that an administrative law judge receives a performance evaluation
1798     conducted by the department under this chapter, the administrative law judge shall complete
1799     the procedural fairness training program described in this section.
1800          (2) The department shall establish a procedural fairness training program that includes
1801     training on how an administrative law judge's actions and behavior influence others'
1802     perceptions of the fairness of the adjudicative process.
1803          (3) The procedural fairness training program shall include discussion of the following
1804     elements of procedural fairness:
1805          (a) neutrality, including:
1806          (i) consistent and equal treatment of the individuals who appear before the
1807     administrative law judge;
1808          (ii) concern for the individual needs of the individuals who appear before the
1809     administrative law judge; and
1810          (iii) unhurried and careful deliberation;
1811          (b) respectful treatment of others; and
1812          (c) providing individuals a voice and opportunity to be heard.
1813          (4) The department may contract with a public or private person to develop or provide
1814     the procedural fairness training program.
1815          (5) The department shall ensure that the procedural fairness training program complies
1816     with Title 63G, Chapter 22, State Training and Certification Requirements.
1817          Section 37. Section 71-8-2 is amended to read:
1818          71-8-2. Department of Veterans' and Military Affairs created -- Appointment of
1819     executive director -- Department responsibilities.
1820          (1) There is created the Department of Veterans' and Military Affairs.
1821          (2) The governor shall appoint an executive director for the department, after
1822     consultation with the Veterans' Advisory Council, who is subject to Senate confirmation.
1823          (a) The executive director shall be an individual who:
1824          (i) has served on active duty in the armed forces for more than 180 consecutive days;
1825          (ii) was a member of a reserve component who served in a campaign or expedition for

1826     which a campaign medal has been authorized; or
1827          (iii) incurred an actual service-related injury or disability in the line of duty, whether or
1828     not that person completed 180 consecutive days of active duty; and
1829          (iv) was separated or retired under honorable conditions.
1830          (b) Any veteran or veteran's group may submit names to the council for consideration.
1831          (3) The department shall:
1832          (a) conduct and supervise all veteran activities as provided in this title;
1833          (b) determine which campaign or combat theater awards are eligible for a special group
1834     license plate in accordance with Section 41-1a-418;
1835          (c) verify that an applicant for a campaign or combat theater award special group
1836     license plate is qualified to receive it;
1837          (d) provide an applicant that qualifies a form indicating the campaign or combat theater
1838     award special group license plate for which the applicant qualifies; [and]
1839          (e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
1840     Rulemaking Act, to carry out the provisions of this title[.]; and
1841          (f) ensure that any training or certification required of a public official or public
1842     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1843     22, State Training and Certification Requirements, if the training or certification is required:
1844          (i) under this title;
1845          (ii) by the department; or
1846          (iii) by an agency or division within the department.
1847          (4) Nothing in this chapter shall be construed as altering or preempting the provisions
1848     of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
1849          Section 38. Section 72-1-201 is amended to read:
1850          72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
1851     rights, and responsibilities.
1852          (1) There is created the Department of Transportation which shall:
1853          (a) have the general responsibility for planning, research, design, construction,
1854     maintenance, security, and safety of state transportation systems;
1855          (b) provide administration for state transportation systems and programs;
1856          (c) implement the transportation policies of the state;

1857          (d) plan, develop, construct, and maintain state transportation systems that are safe,
1858     reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
1859     industry;
1860          (e) establish standards and procedures regarding the technical details of administration
1861     of the state transportation systems as established by statute and administrative rule;
1862          (f) advise the governor and the Legislature about state transportation systems needs;
1863          (g) coordinate with utility companies for the reasonable, efficient, and cost-effective
1864     installation, maintenance, operation, relocation, and upgrade of utilities within state highway
1865     rights-of-way;
1866          (h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1867     make policy and rules for the administration of the department, state transportation systems,
1868     and programs; [and]
1869          (i) annually report to the Transportation Interim Committee, by November 30 of each
1870     year, as to the:
1871          (i) operation, maintenance, condition, and safety needs for highways; and
1872          (ii) condition, safety, and mobility of the state transportation system jointly with the
1873     Transportation Commission[.]; and
1874          (j) ensure that any training or certification required of a public official or public
1875     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1876     22, State Training and Certification Requirements, if the training or certification is required:
1877          (i) under this title;
1878          (ii) by the department; or
1879          (iii) by an agency or division within the department.
1880          (2) (a) The department shall exercise reasonable care in designing, constructing, and
1881     maintaining a state highway in a reasonably safe condition for travel.
1882          (b) Nothing in this section shall be construed as:
1883          (i) creating a private right of action; or
1884          (ii) expanding or changing the department's common law duty as described in
1885     Subsection (2)(a) for liability purposes.
1886          Section 39. Section 76-9-907 is amended to read:
1887          76-9-907. Training for participating law enforcement officers.

1888          The sheriff or chief of police implementing this part shall ensure that:
1889          (1) all officers charged with enforcing this part successfully complete appropriate
1890     training on identification of gang members and criminal street gangs[.]; and
1891          (2) any training described in this section complies with Title 63G, Chapter 22, State
1892     Training and Certification Requirements.
1893          Section 40. Section 78A-2-107 is amended to read:
1894          78A-2-107. Court administrator -- Powers, duties, and responsibilities.
1895          Under the general supervision of the presiding officer of the Judicial Council, and
1896     within the policies established by the council, the administrator shall:
1897          (1) organize and administer all of the nonjudicial activities of the courts;
1898          (2) assign, supervise, and direct the work of the nonjudicial officers of the courts;
1899          (3) implement the standards, policies, and rules established by the council;
1900          (4) formulate and administer a system of personnel administration, including in-service
1901     training programs;
1902          (5) prepare and administer the state judicial budget, fiscal, accounting, and
1903     procurement activities for the operation of the courts of record, and assist justices' courts in
1904     their budgetary, fiscal, and accounting procedures;
1905          (6) conduct studies of the business of the courts, including the preparation of
1906     recommendations and reports relating to them;
1907          (7) develop uniform procedures for the management of court business, including the
1908     management of court calendars;
1909          (8) maintain liaison with the governmental and other public and private groups having
1910     an interest in the administration of the courts;
1911          (9) establish uniform policy concerning vacations and sick leave for judges and
1912     nonjudicial officers of the courts;
1913          (10) establish uniform hours for court sessions throughout the state and may, with the
1914     consent of the presiding officer of the Judicial Council, call and appoint justices or judges of
1915     courts of record to serve temporarily as Court of Appeals, district court, or juvenile court
1916     judges and set reasonable compensation for their services;
1917          (11) when necessary for administrative reasons, change the county for trial of any case
1918     if no party to the litigation files timely objections to this change;

1919          (12) (a) organize and administer a program of continuing education for judges and
1920     support staff, including training for justice court judges; and
1921          (b) ensure that any training or continuing education described in Subsection (12)(a)
1922     complies with Title 63G, Chapter 22, State Training and Certification Requirements;
1923          (13) provide for an annual meeting for each level of the courts of record, and the
1924     annual judicial conference; and
1925          (14) perform other duties as assigned by the presiding officer of the council.
1926          Section 41. Section 78B-6-204 is amended to read:
1927          78B-6-204. Dispute Resolution Programs -- Director -- Duties -- Report.
1928          (1) Within the Administrative Office of the Courts, there shall be a director of Dispute
1929     Resolution Programs, appointed by the state court administrator.
1930          (2) The director shall be an employee of the Administrative Office of the Courts and
1931     shall be responsible for the administration of all court-annexed Dispute Resolution Programs.
1932     The director shall have duties, powers, and responsibilities as the Judicial Council may
1933     determine. The qualifications for employment of the director shall be based on training and
1934     experience in the management, principles, and purposes of alternative dispute resolution
1935     procedures.
1936          (3) In order to implement the purposes of this part, the Administrative Office of the
1937     Courts may employ or contract with ADR providers or ADR organizations on a case-by-case
1938     basis, on a service basis, or on a program basis. [ADR providers and organizations shall be
1939     subject to the rules and fees set by the Judicial Council.]
1940          (4) The Administrative Office of the Courts shall:
1941          (a) establish programs for training ADR providers and orienting attorneys and their
1942     clients to ADR programs and procedures[.]; and
1943          (b) ensure that any training described in Subsection (4)(a) complies with Title 63G,
1944     Chapter 22, State Training and Certification Requirements.
1945          (5) ADR providers and organizations are subject to the rules and fees set by the
1946     Judicial Council.
1947          [(4)] (6) An ADR provider is immune from all liability when conducting proceedings
1948     under the rules of the Judicial Council and the provisions of this part, except for wrongful
1949     disclosure of confidential information, to the same extent as a judge of the courts in this state.

1950          [(5)] (7) (a) The director shall report annually to the Supreme Court, the Judicial
1951     Council, the governor, and the Utah State Bar on the operation of the Dispute Resolution
1952     Programs.
1953          (b) The director shall provide the report to the Judiciary Interim Committee, if
1954     requested by the committee.
1955          (c) Copies of the report shall be available to the public at the Administrative Office of
1956     the Courts.
1957          (d) The report shall include:
1958          (i) identification of participating judicial districts and the methods of alternative
1959     dispute resolution that are available in those districts;
1960          (ii) the number and types of disputes received;
1961          (iii) the methods of alternative dispute resolution to which the disputes were referred;
1962          (iv) the course of the referral;
1963          (v) the status of cases referred to alternative dispute resolution or the disposition of
1964     these disputes; and
1965          (vi) any problems encountered in the administration of the program and the
1966     recommendations of the director as to the continuation or modification of any program.
1967          (e) Nothing may be included in a report which would impair the privacy or
1968     confidentiality of any specific ADR proceeding.
1969          Section 42. Section 79-2-202 is amended to read:
1970          79-2-202. Executive director -- Appointment -- Removal -- Compensation --
1971     Responsibilities.
1972          (1) (a) The chief administrative officer of the department is an executive director
1973     appointed by the governor with the consent of the Senate.
1974          (b) The executive director may be removed at the will of the governor.
1975          (c) The executive director shall receive a salary established by the governor within the
1976     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1977          (2) The executive director shall:
1978          (a) administer and supervise the department and provide for coordination and
1979     cooperation among the boards, divisions, councils, and committees of the department;
1980          (b) approve the budget of each board and division;

1981          (c) participate in regulatory proceedings as appropriate for the functions and duties of
1982     the department;
1983          (d) report at the end of each fiscal year to the governor on department, board, and
1984     division activities; [and]
1985          (e) ensure that any training or certification required of a public official or public
1986     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1987     22, State Training and Certification Requirements, if the training or certification is required:
1988          (i) under this title;
1989          (ii) by the department; or
1990          (iii) by an agency or division within the department; and
1991          [(e)] (f) perform other duties as provided by statute.
1992          (3) By following the procedures and requirements of Title 63J, Chapter 5, Federal
1993     Funds Procedures Act, the executive director, may accept an executive or legislative provision
1994     that is enacted by the federal government, whereby the state may participate in the distribution,
1995     disbursement, or administration of a fund or service from the federal government for purposes
1996     consistent with the powers and duties of the department.
1997          (4) (a) The executive director, in cooperation with the governmental entities having
1998     policymaking authority regarding natural resources, may engage in studies and comprehensive
1999     planning for the development and conservation of the state's natural resources.
2000          (b) The executive director shall submit any plan to the governor for review and
2001     approval.






Legislative Review Note
Office of Legislative Research and General Counsel