1     
PUBLIC EDUCATION RECODIFICATION - CROSS

2     
REFERENCES AND REPEALS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ann Millner

6     
House Sponsor: Val L. Peterson

7     

8     LONG TITLE
9     General Description:
10          This bill repeals and makes technical cross reference changes to provisions related to
11     the public education code.
12     Highlighted Provisions:
13          This bill:
14          ▸     repeals outdated provisions related to the public education code;
15          ▸     makes technical cross reference changes to provisions related to the public
16     education code; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22          This bill provides revisor instructions.
23     Utah Code Sections Affected:
24     AMENDS:
25          9-9-104.6, as last amended by Laws of Utah 2015, Chapter 53
26          10-9a-103, as last amended by Laws of Utah 2017, Chapters 17 and 84
27          10-9a-305, as last amended by Laws of Utah 2013, Chapter 200
28          11-13-302, as last amended by Laws of Utah 2015, Chapter 287
29          11-13-310, as last amended by Laws of Utah 2003, Chapter 21

30          11-14-202, as last amended by Laws of Utah 2017, Chapters 157, 251, 267 and last
31     amended by Coordination Clause, Laws of Utah 2017, Chapter 267
32          11-17-20, as last amended by Laws of Utah 2012, Chapters 201 and 347
33          11-36a-102, as last amended by Laws of Utah 2014, Chapter 363
34          11-36a-202, as last amended by Laws of Utah 2016, Third Special Session, Chapter 2
35          11-44-201, as last amended by Laws of Utah 2015, Chapter 181
36          11-49-102, as last amended by Laws of Utah 2016, Chapter 350
37          13-22-8, as last amended by Laws of Utah 2017, Chapter 98
38          17-27a-103, as last amended by Laws of Utah 2017, Chapter 84
39          17-27a-305, as last amended by Laws of Utah 2015, Chapter 465
40          20A-1-203, as last amended by Laws of Utah 2015, Chapters 111 and 352
41          20A-14-206, as enacted by Laws of Utah 1995, Chapter 1
42          26-1-17.5 (Superseded 07/01/18), as last amended by Laws of Utah 2008, Chapter 382
43          26-1-17.5 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 344
44          26-7-9 (Effective 07/01/18), as enacted by Laws of Utah 2017, Chapter 344
45          26-10-6, as last amended by Laws of Utah 2017, Chapter 351
46          26-10-9 (Superseded 07/01/18), as enacted by Laws of Utah 2011, Chapter 147
47          26-10-9 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 344
48          26-10-10, as enacted by Laws of Utah 2013, Chapter 45
49          26-10-11, as last amended by Laws of Utah 2015, Chapter 16
50          26-39-402 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 344
51          26-41-106, as last amended by Laws of Utah 2015, Chapter 332
52          30-1-9, as last amended by Laws of Utah 2000, Chapter 1
53          32B-2-304, as last amended by Laws of Utah 2017, Chapter 455
54          34A-2-104.5, as enacted by Laws of Utah 2016, Chapter 390
55          35A-1-102, as last amended by Laws of Utah 2016, Chapter 226
56          35A-3-304, as last amended by Laws of Utah 2016, Chapter 105
57          35A-9-401, as enacted by Laws of Utah 2016, Chapter 336

58          35A-13-403, as renumbered and amended by Laws of Utah 2016, Chapter 271
59          36-22-2, as last amended by Laws of Utah 2016, Chapter 63
60          41-1a-422, as last amended by Laws of Utah 2017, Chapters 107, 194, and 383
61          41-6a-303, as last amended by Laws of Utah 2010, Chapter 299
62          41-6a-1307, as last amended by Laws of Utah 2015, Chapter 412
63          41-6a-1309, as enacted by Laws of Utah 2011, Chapter 296
64          49-12-102, as last amended by Laws of Utah 2017, Chapter 325
65          49-12-202, as last amended by Laws of Utah 2014, Chapters 15, 201, and 363
66          49-12-701, as last amended by Laws of Utah 2016, Chapters 144 and 310
67          49-13-102, as last amended by Laws of Utah 2017, Chapter 325
68          49-13-202, as last amended by Laws of Utah 2014, Chapters 15, 201, and 363
69          49-13-701, as last amended by Laws of Utah 2016, Chapters 144 and 310
70          49-22-102, as last amended by Laws of Utah 2017, Chapter 325
71          49-22-202, as last amended by Laws of Utah 2014, Chapter 363
72          51-2a-201.5, as last amended by Laws of Utah 2017, Chapter 11
73          51-7-13, as last amended by Laws of Utah 2005, Chapter 178
74          52-4-103, as last amended by Laws of Utah 2017, Chapters 196, 277, and 441
75          52-4-209, as last amended by Laws of Utah 2014, Chapter 363
76          53-3-104, as last amended by Laws of Utah 2014, Chapter 85
77          53-3-505.5, as enacted by Laws of Utah 2003, Chapter 121
78          53-7-103, as last amended by Laws of Utah 2011, Chapter 340
79          53-10-202, as last amended by Laws of Utah 2017, Chapter 296
80          53-10-203, as renumbered and amended by Laws of Utah 1998, Chapter 263
81          53B-1-109, as last amended by Laws of Utah 2016, Chapter 200
82          53B-1-114, as enacted by Laws of Utah 2017, Chapter 382
83          53B-2a-106, as last amended by Laws of Utah 2017, Chapter 382
84          53B-10-101, as last amended by Laws of Utah 2006, Chapter 88
85          53B-16-108, as enacted by Laws of Utah 2015, Chapter 404

86          53B-16-404, as last amended by Laws of Utah 2015, Chapter 389
87          53C-1-203, as last amended by Laws of Utah 2014, Chapter 426
88          53D-1-102, as last amended by Laws of Utah 2016, Chapter 144
89          53D-1-403, as last amended by Laws of Utah 2017, Chapter 179
90          58-11a-302, as last amended by Laws of Utah 2017, Chapter 342
91          58-41-4, as last amended by Laws of Utah 2016, Chapter 144
92          58-61-307, as last amended by Laws of Utah 2013, Chapter 16
93          59-2-102, as last amended by Laws of Utah 2016, Chapters 98, 308, 367, and 368
94          59-2-918.6, as last amended by Laws of Utah 2016, Chapter 98
95          59-2-919, as last amended by Laws of Utah 2016, Chapters 341 and 367
96          59-2-924, as last amended by Laws of Utah 2017, Chapter 390
97          59-2-926, as last amended by Laws of Utah 2016, Chapter 367
98          59-2-1101, as last amended by Laws of Utah 2015, Chapters 129 and 261
99          59-10-1018, as last amended by Laws of Utah 2012, Chapter 295
100          59-10-1307, as last amended by Laws of Utah 2016, Chapter 144
101          59-10-1318, as last amended by Laws of Utah 2016, Chapter 172
102          59-12-102, as last amended by Laws of Utah 2017, Chapters 181, 382, and 422
103          59-28-103, as enacted by Laws of Utah 2017, Chapter 166
104          62A-2-108.1, as last amended by Laws of Utah 2007, Chapter 81
105          62A-4a-202.6, as last amended by Laws of Utah 2012, Chapter 293
106          62A-4a-409, as last amended by Laws of Utah 2017, Chapter 459
107          62A-4a-606, as last amended by Laws of Utah 2017, Chapter 148
108          62A-4a-1002, as last amended by Laws of Utah 2017, Chapter 55
109          62A-5a-102, as last amended by Laws of Utah 2016, Chapters 144 and 271
110          62A-5a-105, as last amended by Laws of Utah 2016, Chapter 271
111          62A-15-1101, as last amended by Laws of Utah 2017, Chapters 296 and 346
112          63A-3-106, as last amended by Laws of Utah 2017, Chapter 196
113          63A-3-402, as last amended by Laws of Utah 2015, Chapters 215, 226, and 283

114          63A-4-204, as last amended by Laws of Utah 2016, Chapter 189
115          63A-4-204.5, as last amended by Laws of Utah 2016, Chapter 189
116          63G-2-103, as last amended by Laws of Utah 2017, Chapters 196 and 441
117          63G-2-301, as last amended by Laws of Utah 2014, Chapter 373
118          63G-2-302, as last amended by Laws of Utah 2017, Chapters 168 and 282
119          63G-7-102, as last amended by Laws of Utah 2017, Chapter 300
120          63I-1-253, as last amended by Laws of Utah 2017, Chapters 166 and 181
121          63I-2-253, as last amended by Laws of Utah 2017, Chapters 217, 223, 350, 365, 381,
122     386, and 468
123          63I-4a-102, as last amended by Laws of Utah 2017, Chapters 345 and 363
124          63J-1-206, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
125          63J-1-220, as last amended by Laws of Utah 2017, Chapter 173
126          63J-1-602.3, as last amended by Laws of Utah 2017, Chapters 396 and 423
127          63J-3-102, as last amended by Laws of Utah 2013, Chapter 310
128          63J-3-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
129          63J-7-102, as last amended by Laws of Utah 2017, Chapters 181, 345, and 363
130          63N-3-110, as renumbered and amended by Laws of Utah 2015, Chapter 283
131          63N-12-202, as last amended by Laws of Utah 2017, Chapters 219 and 353
132          63N-12-213, as last amended by Laws of Utah 2017, Chapter 382
133          64-13-42, as last amended by Laws of Utah 2012, Chapter 369
134          67-1a-11, as enacted by Laws of Utah 2006, Chapter 142
135          67-8-3, as last amended by Laws of Utah 2006, Chapter 139
136          67-16-3, as last amended by Laws of Utah 2017, Chapter 196
137          67-16-4, as last amended by Laws of Utah 2014, Chapter 196
138          67-19-15, as last amended by Laws of Utah 2017, Chapter 463
139          75-5-201, as last amended by Laws of Utah 1998, Chapter 124
140          76-5-415, as enacted by Laws of Utah 2014, Chapter 135
141          76-10-105, as last amended by Laws of Utah 2017, Chapter 330

142          77-37-4, as last amended by Laws of Utah 2015, Chapter 311
143          78A-6-103 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 330
144          78A-6-105, as last amended by Laws of Utah 2017, Chapters 181, 330, and 401
145          78A-6-112 (Superseded 07/01/18), as renumbered and amended by Laws of Utah
146     2008, Chapter 3
147          78A-6-112 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 330
148          78A-6-319, as renumbered and amended by Laws of Utah 2008, Chapter 3
149          78A-6-602, as last amended by Laws of Utah 2017, Chapter 330
150          78A-6-603, as last amended by Laws of Utah 2017, Chapter 330
151          78A-6-1001, as last amended by Laws of Utah 2010, Chapter 276
152          78A-6-1203, as last amended by Laws of Utah 2017, Chapter 330
153     REPEALS:
154          53A-1-414, as enacted by Laws of Utah 2016, Chapter 217
155          53A-1-901, as last amended by Laws of Utah 2015, Chapter 415
156          53A-1-904, as enacted by Laws of Utah 2005, First Special Session, Chapter 2
157          53A-1-1101, as repealed and reenacted by Laws of Utah 2017, Chapter 378
158          53A-1-1201, as enacted by Laws of Utah 2015, Chapter 449
159          53A-1-1301, as enacted by Laws of Utah 2015, Chapter 443
160          53A-1-1401, as enacted by Laws of Utah 2016, Chapter 221
161          53A-1-1501, as enacted by Laws of Utah 2016, Chapter 318
162          53A-1a-101, as enacted by Laws of Utah 1992, Chapter 47
163          53A-1a-501, as enacted by Laws of Utah 1998, Chapter 231
164          53A-1a-701, as enacted by Laws of Utah 2005, Chapter 35
165          53A-1b-101, as enacted by Laws of Utah 2014, Chapter 304
166          53A-1b-201, as enacted by Laws of Utah 2016, Chapter 336
167          53A-2-401, as enacted by Laws of Utah 2006, Chapter 339
168          53A-4-301, as enacted by Laws of Utah 2016, Chapter 331
169          53A-6-101, as repealed and reenacted by Laws of Utah 1999, Chapter 108

170          53A-8a-101, as enacted by Laws of Utah 2012, Chapter 425
171          53A-11-1201, as enacted by Laws of Utah 2007, Chapter 114
172          53A-11-1501, as last amended by Laws of Utah 2015, Chapter 442
173          53A-11-1601, as enacted by Laws of Utah 2016, Chapter 165
174          53A-11a-101, as enacted by Laws of Utah 2008, Chapter 197
175          53A-15-1001, as enacted by Laws of Utah 2006, Chapter 227
176          53A-15-1201, as enacted by Laws of Utah 2011, Chapter 419
177          53A-15-1501, as enacted by Laws of Utah 2015, Chapter 389
178          53A-15-1701, as enacted by Laws of Utah 2016, Chapter 200
179          53A-15-1801, as enacted by Laws of Utah 2016, Chapter 347
180          53A-15-1901, as enacted by Laws of Utah 2016, Chapter 320
181          53A-15-2001, as enacted by Laws of Utah 2017, Chapter 72
182          53A-17a-101, as last amended by Laws of Utah 1999, Chapter 21
183          53A-20b-101, as last amended by Laws of Utah 2012, Chapter 201
184          53A-21-101, as repealed and reenacted by Laws of Utah 1996, Chapter 326
185          53A-25a-101, as enacted by Laws of Utah 1994, Chapter 280
186          53A-25b-101, as enacted by Laws of Utah 2009, Chapter 294
187          53A-28-101, as enacted by Laws of Utah 1996, Chapter 62
188          53A-30-101, as enacted by Laws of Utah 2014, Chapter 433
189          53A-31-101, as enacted by Laws of Utah 2015, Chapter 53
190          53A-31-401, as enacted by Laws of Utah 2016, Chapter 63
191     

192     Be it enacted by the Legislature of the state of Utah:
193          Section 1. Section 9-9-104.6 is amended to read:
194          9-9-104.6. Participation of state agencies in meetings with tribal leaders --
195     Contact information.
196          (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
197     division shall coordinate with representatives of tribal governments and the entities listed in

198     Subsection (2) to provide for the broadest participation possible in the joint meetings.
199          (2) The following may participate in all meetings described in Subsection (1):
200          (a) the chairs of the Native American Legislative Liaison Committee created in Section
201     36-22-1;
202          (b) the governor or the governor's designee;
203          (c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
204     with Section 26-7-2.5; or
205          (ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
206     representative of the Department of Health appointed by the executive director of the
207     Department of Health;
208          (d) the American Indian-Alaskan Native Public Education Liaison appointed in
209     accordance with Section [53A-31-201] 53E-10-402; and
210          (e) a representative appointed by the chief administrative officer of the following:
211          (i) the Department of Human Services;
212          (ii) the Department of Natural Resources;
213          (iii) the Department of Workforce Services;
214          (iv) the Governor's Office of Economic Development;
215          (v) the State Board of Education; and
216          (vi) the State Board of Regents.
217          (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
218          (i) designate the name of a contact person for that agency that can assist in coordinating
219     the efforts of state and tribal governments in meeting the needs of the Native Americans
220     residing in the state; and
221          (ii) notify the division:
222          (A) who is the designated contact person described in Subsection (3)(a)(i); and
223          (B) of any change in who is the designated contact person described in Subsection
224     (3)(a)(i).
225          (b) This Subsection (3) applies to:

226          (i) the Department of Agriculture and Food;
227          (ii) the Department of Heritage and Arts;
228          (iii) the Department of Corrections;
229          (iv) the Department of Environmental Quality;
230          (v) the Department of Public Safety;
231          (vi) the Department of Transportation;
232          (vii) the Office of the Attorney General;
233          (viii) the State Tax Commission; and
234          (ix) any agency described in Subsections (2)(c) through (e).
235          (c) At the request of the division, a contact person listed in Subsection (3)(b) may
236     participate in a meeting described in Subsection (1).
237          (4) (a) A participant under this section who is not a legislator may not receive
238     compensation or benefits for the participant's service, but may receive per diem and travel
239     expenses as allowed in:
240          (i) Section 63A-3-106;
241          (ii) Section 63A-3-107; and
242          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
243     63A-3-107.
244          (b) Compensation and expenses of a participant who is a legislator are governed by
245     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
246          Section 2. Section 10-9a-103 is amended to read:
247          10-9a-103. Definitions.
248          As used in this chapter:
249          (1) "Affected entity" means a county, municipality, local district, special service
250     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
251     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
252     public utility, property owner, property owners association, or the Utah Department of
253     Transportation, if:

254          (a) the entity's services or facilities are likely to require expansion or significant
255     modification because of an intended use of land;
256          (b) the entity has filed with the municipality a copy of the entity's general or long-range
257     plan; or
258          (c) the entity has filed with the municipality a request for notice during the same
259     calendar year and before the municipality provides notice to an affected entity in compliance
260     with a requirement imposed under this chapter.
261          (2) "Appeal authority" means the person, board, commission, agency, or other body
262     designated by ordinance to decide an appeal of a decision of a land use application or a
263     variance.
264          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
265     residential property if the sign is designed or intended to direct attention to a business, product,
266     or service that is not sold, offered, or existing on the property where the sign is located.
267          (4) (a) "Charter school" means:
268          (i) an operating charter school;
269          (ii) a charter school applicant that has its application approved by a charter school
270     authorizer in accordance with [Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act]
271     Title 53G, Chapter 5, Part 3, Charter School Authorization; or
272          (iii) an entity that is working on behalf of a charter school or approved charter
273     applicant to develop or construct a charter school building.
274          (b) "Charter school" does not include a therapeutic school.
275          (5) "Conditional use" means a land use that, because of its unique characteristics or
276     potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
277     compatible in some areas or may be compatible only if certain conditions are required that
278     mitigate or eliminate the detrimental impacts.
279          (6) "Constitutional taking" means a governmental action that results in a taking of
280     private property so that compensation to the owner of the property is required by the:
281          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or

282          (b) Utah Constitution Article I, Section 22.
283          (7) "Culinary water authority" means the department, agency, or public entity with
284     responsibility to review and approve the feasibility of the culinary water system and sources for
285     the subject property.
286          (8) "Development activity" means:
287          (a) any construction or expansion of a building, structure, or use that creates additional
288     demand and need for public facilities;
289          (b) any change in use of a building or structure that creates additional demand and need
290     for public facilities; or
291          (c) any change in the use of land that creates additional demand and need for public
292     facilities.
293          (9) (a) "Disability" means a physical or mental impairment that substantially limits one
294     or more of a person's major life activities, including a person having a record of such an
295     impairment or being regarded as having such an impairment.
296          (b) "Disability" does not include current illegal use of, or addiction to, any federally
297     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
298     802.
299          (10) "Educational facility":
300          (a) means:
301          (i) a school district's building at which pupils assemble to receive instruction in a
302     program for any combination of grades from preschool through grade 12, including
303     kindergarten and a program for children with disabilities;
304          (ii) a structure or facility:
305          (A) located on the same property as a building described in Subsection (10)(a)(i); and
306          (B) used in support of the use of that building; and
307          (iii) a building to provide office and related space to a school district's administrative
308     personnel; and
309          (b) does not include:

310          (i) land or a structure, including land or a structure for inventory storage, equipment
311     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
312          (A) not located on the same property as a building described in Subsection (10)(a)(i);
313     and
314          (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
315          (ii) a therapeutic school.
316          (11) "Fire authority" means the department, agency, or public entity with responsibility
317     to review and approve the feasibility of fire protection and suppression services for the subject
318     property.
319          (12) "Flood plain" means land that:
320          (a) is within the 100-year flood plain designated by the Federal Emergency
321     Management Agency; or
322          (b) has not been studied or designated by the Federal Emergency Management Agency
323     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
324     the land has characteristics that are similar to those of a 100-year flood plain designated by the
325     Federal Emergency Management Agency.
326          (13) "General plan" means a document that a municipality adopts that sets forth general
327     guidelines for proposed future development of the land within the municipality.
328          (14) "Geologic hazard" means:
329          (a) a surface fault rupture;
330          (b) shallow groundwater;
331          (c) liquefaction;
332          (d) a landslide;
333          (e) a debris flow;
334          (f) unstable soil;
335          (g) a rock fall; or
336          (h) any other geologic condition that presents a risk:
337          (i) to life;

338          (ii) of substantial loss of real property; or
339          (iii) of substantial damage to real property.
340          (15) "Historic preservation authority" means a person, board, commission, or other
341     body designated by a legislative body to:
342          (a) recommend land use regulations to preserve local historic districts or areas; and
343          (b) administer local historic preservation land use regulations within a local historic
344     district or area.
345          (16) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
346     meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
347     utility system.
348          (17) "Identical plans" means building plans submitted to a municipality that:
349          (a) are clearly marked as "identical plans";
350          (b) are substantially identical to building plans that were previously submitted to and
351     reviewed and approved by the municipality; and
352          (c) describe a building that:
353          (i) is located on land zoned the same as the land on which the building described in the
354     previously approved plans is located;
355          (ii) is subject to the same geological and meteorological conditions and the same law
356     as the building described in the previously approved plans;
357          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
358     and approved by the municipality; and
359          (iv) does not require any additional engineering or analysis.
360          (18) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
361     Impact Fees Act.
362          (19) "Improvement completion assurance" means a surety bond, letter of credit,
363     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
364     by a municipality to guaranty the proper completion of landscaping or an infrastructure
365     improvement required as a condition precedent to:

366          (a) recording a subdivision plat; or
367          (b) development of a commercial, industrial, mixed use, or multifamily project.
368          (20) "Improvement warranty" means an applicant's unconditional warranty that the
369     applicant's installed and accepted landscaping or infrastructure improvement:
370          (a) complies with the municipality's written standards for design, materials, and
371     workmanship; and
372          (b) will not fail in any material respect, as a result of poor workmanship or materials,
373     within the improvement warranty period.
374          (21) "Improvement warranty period" means a period:
375          (a) no later than one year after a municipality's acceptance of required landscaping; or
376          (b) no later than one year after a municipality's acceptance of required infrastructure,
377     unless the municipality:
378          (i) determines for good cause that a one-year period would be inadequate to protect the
379     public health, safety, and welfare; and
380          (ii) has substantial evidence, on record:
381          (A) of prior poor performance by the applicant; or
382          (B) that the area upon which the infrastructure will be constructed contains suspect soil
383     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
384          (22) "Infrastructure improvement" means permanent infrastructure that an applicant
385     must install:
386          (a) pursuant to published installation and inspection specifications for public
387     improvements; and
388          (b) as a condition of:
389          (i) recording a subdivision plat; or
390          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
391     project.
392          (23) "Internal lot restriction" means a platted note, platted demarcation, or platted
393     designation that:

394          (a) runs with the land; and
395          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
396     the plat; or
397          (ii) designates a development condition that is enclosed within the perimeter of a lot
398     described on the plat.
399          (24) "Land use applicant" means a property owner, or the property owner's designee,
400     who submits a land use application regarding the property owner's land.
401          (25) "Land use application":
402          (a) means an application that is:
403          (i) required by a municipality; and
404          (ii) submitted by a land use applicant to obtain a land use decision; and
405          (b) does not mean an application to enact, amend, or repeal a land use regulation.
406          (26) "Land use authority" means:
407          (a) a person, board, commission, agency, or body, including the local legislative body,
408     designated by the local legislative body to act upon a land use application; or
409          (b) if the local legislative body has not designated a person, board, commission,
410     agency, or body, the local legislative body.
411          (27) "Land use decision" means a final action of a land use authority or appeal
412     authority regarding:
413          (a) a land use permit;
414          (b) a land use application; or
415          (c) the enforcement of a land use regulation, land use permit, or development
416     agreement.
417          (28) "Land use permit" means a permit issued by a land use authority.
418          (29) "Land use regulation":
419          (a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
420     governs the use or development of land; and
421          (b) does not include:

422          (i) a general plan;
423          (ii) a land use decision of the legislative body acting as the land use authority, even if
424     the decision is expressed in a resolution or ordinance; or
425          (iii) a temporary revision to an engineering specification that does not materially:
426          (A) increase a land use applicant's cost of development compared to the existing
427     specification; or
428          (B) impact a land use applicant's use of land.
429          (30) "Legislative body" means the municipal council.
430          (31) "Local district" means an entity under Title 17B, Limited Purpose Local
431     Government Entities - Local Districts, and any other governmental or quasi-governmental
432     entity that is not a county, municipality, school district, or the state.
433          (32) "Local historic district or area" means a geographically definable area that:
434          (a) contains any combination of buildings, structures, sites, objects, landscape features,
435     archeological sites, or works of art that contribute to the historic preservation goals of a
436     legislative body; and
437          (b) is subject to land use regulations to preserve the historic significance of the local
438     historic district or area.
439          (33) "Lot line adjustment" means the relocation of the property boundary line in a
440     subdivision between two adjoining lots with the consent of the owners of record.
441          (34) "Moderate income housing" means housing occupied or reserved for occupancy
442     by households with a gross household income equal to or less than 80% of the median gross
443     income for households of the same size in the county in which the city is located.
444          (35) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
445     spent and expenses incurred in:
446          (a) verifying that building plans are identical plans; and
447          (b) reviewing and approving those minor aspects of identical plans that differ from the
448     previously reviewed and approved building plans.
449          (36) "Noncomplying structure" means a structure that:

450          (a) legally existed before its current land use designation; and
451          (b) because of one or more subsequent land use ordinance changes, does not conform
452     to the setback, height restrictions, or other regulations, excluding those regulations, which
453     govern the use of land.
454          (37) "Nonconforming use" means a use of land that:
455          (a) legally existed before its current land use designation;
456          (b) has been maintained continuously since the time the land use ordinance governing
457     the land changed; and
458          (c) because of one or more subsequent land use ordinance changes, does not conform
459     to the regulations that now govern the use of the land.
460          (38) "Official map" means a map drawn by municipal authorities and recorded in a
461     county recorder's office that:
462          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
463     highways and other transportation facilities;
464          (b) provides a basis for restricting development in designated rights-of-way or between
465     designated setbacks to allow the government authorities time to purchase or otherwise reserve
466     the land; and
467          (c) has been adopted as an element of the municipality's general plan.
468          (39) "Parcel boundary adjustment" means a recorded agreement between owners of
469     adjoining properties adjusting their mutual boundary if:
470          (a) no additional parcel is created; and
471          (b) each property identified in the agreement is unsubdivided land, including a
472     remainder of subdivided land.
473          (40) "Person" means an individual, corporation, partnership, organization, association,
474     trust, governmental agency, or any other legal entity.
475          (41) "Plan for moderate income housing" means a written document adopted by a city
476     legislative body that includes:
477          (a) an estimate of the existing supply of moderate income housing located within the

478     city;
479          (b) an estimate of the need for moderate income housing in the city for the next five
480     years as revised biennially;
481          (c) a survey of total residential land use;
482          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
483     income housing; and
484          (e) a description of the city's program to encourage an adequate supply of moderate
485     income housing.
486          (42) "Plat" means a map or other graphical representation of lands being laid out and
487     prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
488          (43) "Potential geologic hazard area" means an area that:
489          (a) is designated by a Utah Geological Survey map, county geologist map, or other
490     relevant map or report as needing further study to determine the area's potential for geologic
491     hazard; or
492          (b) has not been studied by the Utah Geological Survey or a county geologist but
493     presents the potential of geologic hazard because the area has characteristics similar to those of
494     a designated geologic hazard area.
495          (44) "Public agency" means:
496          (a) the federal government;
497          (b) the state;
498          (c) a county, municipality, school district, local district, special service district, or other
499     political subdivision of the state; or
500          (d) a charter school.
501          (45) "Public hearing" means a hearing at which members of the public are provided a
502     reasonable opportunity to comment on the subject of the hearing.
503          (46) "Public meeting" means a meeting that is required to be open to the public under
504     Title 52, Chapter 4, Open and Public Meetings Act.
505          (47) "Receiving zone" means an area of a municipality that the municipality

506     designates, by ordinance, as an area in which an owner of land may receive a transferable
507     development right.
508          (48) "Record of survey map" means a map of a survey of land prepared in accordance
509     with Section 17-23-17.
510          (49) "Residential facility for persons with a disability" means a residence:
511          (a) in which more than one person with a disability resides; and
512          (b) (i) which is licensed or certified by the Department of Human Services under Title
513     62A, Chapter 2, Licensure of Programs and Facilities; or
514          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
515     21, Health Care Facility Licensing and Inspection Act.
516          (50) "Rules of order and procedure" means a set of rules that govern and prescribe in a
517     public meeting:
518          (a) parliamentary order and procedure;
519          (b) ethical behavior; and
520          (c) civil discourse.
521          (51) "Sanitary sewer authority" means the department, agency, or public entity with
522     responsibility to review and approve the feasibility of sanitary sewer services or onsite
523     wastewater systems.
524          (52) "Sending zone" means an area of a municipality that the municipality designates,
525     by ordinance, as an area from which an owner of land may transfer a transferable development
526     right.
527          (53) "Specified public agency" means:
528          (a) the state;
529          (b) a school district; or
530          (c) a charter school.
531          (54) "Specified public utility" means an electrical corporation, gas corporation, or
532     telephone corporation, as those terms are defined in Section 54-2-1.
533          (55) "State" includes any department, division, or agency of the state.

534          (56) "Street" means a public right-of-way, including a highway, avenue, boulevard,
535     parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
536     way.
537          (57) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
538     divided into two or more lots, parcels, sites, units, plots, or other division of land for the
539     purpose, whether immediate or future, for offer, sale, lease, or development either on the
540     installment plan or upon any and all other plans, terms, and conditions.
541          (b) "Subdivision" includes:
542          (i) the division or development of land whether by deed, metes and bounds description,
543     devise and testacy, map, plat, or other recorded instrument; and
544          (ii) except as provided in Subsection (57)(c), divisions of land for residential and
545     nonresidential uses, including land used or to be used for commercial, agricultural, and
546     industrial purposes.
547          (c) "Subdivision" does not include:
548          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
549     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
550     neither the resulting combined parcel nor the parcel remaining from the division or partition
551     violates an applicable land use ordinance;
552          (ii) a recorded agreement between owners of adjoining unsubdivided properties
553     adjusting their mutual boundary if:
554          (A) no new lot is created; and
555          (B) the adjustment does not violate applicable land use ordinances;
556          (iii) a recorded document, executed by the owner of record:
557          (A) revising the legal description of more than one contiguous unsubdivided parcel of
558     property into one legal description encompassing all such parcels of property; or
559          (B) joining a subdivided parcel of property to another parcel of property that has not
560     been subdivided, if the joinder does not violate applicable land use ordinances;
561          (iv) a recorded agreement between owners of adjoining subdivided properties adjusting

562     their mutual boundary if:
563          (A) no new dwelling lot or housing unit will result from the adjustment; and
564          (B) the adjustment will not violate any applicable land use ordinance;
565          (v) a bona fide division or partition of land by deed or other instrument where the land
566     use authority expressly approves in writing the division in anticipation of further land use
567     approvals on the parcel or parcels; or
568          (vi) a parcel boundary adjustment.
569          (d) The joining of a subdivided parcel of property to another parcel of property that has
570     not been subdivided does not constitute a subdivision under this Subsection (57) as to the
571     unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
572     subdivision ordinance.
573          (58) "Suspect soil" means soil that has:
574          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
575     3% swell potential;
576          (b) bedrock units with high shrink or swell susceptibility; or
577          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
578     commonly associated with dissolution and collapse features.
579          (59) "Therapeutic school" means a residential group living facility:
580          (a) for four or more individuals who are not related to:
581          (i) the owner of the facility; or
582          (ii) the primary service provider of the facility;
583          (b) that serves students who have a history of failing to function:
584          (i) at home;
585          (ii) in a public school; or
586          (iii) in a nonresidential private school; and
587          (c) that offers:
588          (i) room and board; and
589          (ii) an academic education integrated with:

590          (A) specialized structure and supervision; or
591          (B) services or treatment related to a disability, an emotional development, a
592     behavioral development, a familial development, or a social development.
593          (60) "Transferable development right" means a right to develop and use land that
594     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
595     land use rights from a designated sending zone to a designated receiving zone.
596          (61) "Unincorporated" means the area outside of the incorporated area of a city or
597     town.
598          (62) "Water interest" means any right to the beneficial use of water, including:
599          (a) each of the rights listed in Section 73-1-11; and
600          (b) an ownership interest in the right to the beneficial use of water represented by:
601          (i) a contract; or
602          (ii) a share in a water company, as defined in Section 73-3-3.5.
603          (63) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
604     land use zones, overlays, or districts.
605          Section 3. Section 10-9a-305 is amended to read:
606          10-9a-305. Other entities required to conform to municipality's land use
607     ordinances -- Exceptions -- School districts and charter schools -- Submission of
608     development plan and schedule.
609          (1) (a) Each county, municipality, school district, charter school, local district, special
610     service district, and political subdivision of the state shall conform to any applicable land use
611     ordinance of any municipality when installing, constructing, operating, or otherwise using any
612     area, land, or building situated within that municipality.
613          (b) In addition to any other remedies provided by law, when a municipality's land use
614     ordinance is violated or about to be violated by another political subdivision, that municipality
615     may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
616     prevent, enjoin, abate, or remove the improper installation, improvement, or use.
617          (2) (a) Except as provided in Subsection (3), a school district or charter school is

618     subject to a municipality's land use ordinances.
619          (b) (i) Notwithstanding Subsection (3), a municipality may:
620          (A) subject a charter school to standards within each zone pertaining to setback, height,
621     bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
622     staging; and
623          (B) impose regulations upon the location of a project that are necessary to avoid
624     unreasonable risks to health or safety, as provided in Subsection (3)(f).
625          (ii) The standards to which a municipality may subject a charter school under
626     Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
627          (iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
628     may deny or withhold approval of a charter school's land use application is the charter school's
629     failure to comply with a standard imposed under Subsection (2)(b)(i).
630          (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
631     obligation to comply with a requirement of an applicable building or safety code to which it is
632     otherwise obligated to comply.
633          (3) A municipality may not:
634          (a) impose requirements for landscaping, fencing, aesthetic considerations,
635     construction methods or materials, additional building inspections, municipal building codes,
636     building use for educational purposes, or the placement or use of temporary classroom facilities
637     on school property;
638          (b) except as otherwise provided in this section, require a school district or charter
639     school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
640     school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
641     children and not located on or contiguous to school property, unless the roadway or sidewalk is
642     required to connect an otherwise isolated school site to an existing roadway;
643          (c) require a district or charter school to pay fees not authorized by this section;
644          (d) provide for inspection of school construction or assess a fee or other charges for
645     inspection, unless the school district or charter school is unable to provide for inspection by an

646     inspector, other than the project architect or contractor, who is qualified under criteria
647     established by the state superintendent;
648          (e) require a school district or charter school to pay any impact fee for an improvement
649     project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
650          (f) impose regulations upon the location of an educational facility except as necessary
651     to avoid unreasonable risks to health or safety; or
652          (g) for a land use or a structure owned or operated by a school district or charter school
653     that is not an educational facility but is used in support of providing instruction to pupils,
654     impose a regulation that:
655          (i) is not imposed on a similar land use or structure in the zone in which the land use or
656     structure is approved; or
657          (ii) uses the tax exempt status of the school district or charter school as criteria for
658     prohibiting or regulating the land use or location of the structure.
659          (4) Subject to Section [53A-20-108] 53E-3-710, a school district or charter school shall
660     coordinate the siting of a new school with the municipality in which the school is to be located,
661     to:
662          (a) avoid or mitigate existing and potential traffic hazards, including consideration of
663     the impacts between the new school and future highways; and
664          (b) maximize school, student, and site safety.
665          (5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
666          (a) provide a walk-through of school construction at no cost and at a time convenient to
667     the district or charter school; and
668          (b) provide recommendations based upon the walk-through.
669          (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
670          (i) a municipal building inspector;
671          (ii) (A) for a school district, a school district building inspector from that school
672     district; or
673          (B) for a charter school, a school district building inspector from the school district in

674     which the charter school is located; or
675          (iii) an independent, certified building inspector who is:
676          (A) not an employee of the contractor;
677          (B) approved by:
678          (I) a municipal building inspector; or
679          (II) (Aa) for a school district, a school district building inspector from that school
680     district; or
681          (Bb) for a charter school, a school district building inspector from the school district in
682     which the charter school is located; and
683          (C) licensed to perform the inspection that the inspector is requested to perform.
684          (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
685          (c) If a school district or charter school uses a school district or independent building
686     inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
687     the state superintendent of public instruction and municipal building official, on a monthly
688     basis during construction of the school building, a copy of each inspection certificate regarding
689     the school building.
690          (7) (a) A charter school shall be considered a permitted use in all zoning districts
691     within a municipality.
692          (b) Each land use application for any approval required for a charter school, including
693     an application for a building permit, shall be processed on a first priority basis.
694          (c) Parking requirements for a charter school may not exceed the minimum parking
695     requirements for schools or other institutional public uses throughout the municipality.
696          (d) If a municipality has designated zones for a sexually oriented business, or a
697     business which sells alcohol, a charter school may be prohibited from a location which would
698     otherwise defeat the purpose for the zone unless the charter school provides a waiver.
699          (e) (i) A school district or a charter school may seek a certificate authorizing permanent
700     occupancy of a school building from:
701          (A) the state superintendent of public instruction, as provided in Subsection

702     [53A-20-104] 53E-3-706(3), if the school district or charter school used an independent
703     building inspector for inspection of the school building; or
704          (B) a municipal official with authority to issue the certificate, if the school district or
705     charter school used a municipal building inspector for inspection of the school building.
706          (ii) A school district may issue its own certificate authorizing permanent occupancy of
707     a school building if it used its own building inspector for inspection of the school building,
708     subject to the notification requirement of Subsection [53A-20-104] 53E-3-706(3)(a)(ii).
709          (iii) A charter school may seek a certificate authorizing permanent occupancy of a
710     school building from a school district official with authority to issue the certificate, if the
711     charter school used a school district building inspector for inspection of the school building.
712          (iv) A certificate authorizing permanent occupancy issued by the state superintendent
713     of public instruction under Subsection [53A-20-104] 53E-3-706(3) or a school district official
714     with authority to issue the certificate shall be considered to satisfy any municipal requirement
715     for an inspection or a certificate of occupancy.
716          (8) (a) A specified public agency intending to develop its land shall submit to the land
717     use authority a development plan and schedule:
718          (i) as early as practicable in the development process, but no later than the
719     commencement of construction; and
720          (ii) with sufficient detail to enable the land use authority to assess:
721          (A) the specified public agency's compliance with applicable land use ordinances;
722          (B) the demand for public facilities listed in Subsections 11-36a-102(16)(a), (b), (c),
723     (d), (e), and (g) caused by the development;
724          (C) the amount of any applicable fee described in Section 10-9a-510;
725          (D) any credit against an impact fee; and
726          (E) the potential for waiving an impact fee.
727          (b) The land use authority shall respond to a specified public agency's submission
728     under Subsection (8)(a) with reasonable promptness in order to allow the specified public
729     agency to consider information the municipality provides under Subsection (8)(a)(ii) in the

730     process of preparing the budget for the development.
731          (9) Nothing in this section may be construed to:
732          (a) modify or supersede Section 10-9a-304; or
733          (b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance,
734     that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
735     Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
736     1990, 42 U.S.C. 12102, or any other provision of federal law.
737          Section 4. Section 11-13-302 is amended to read:
738          11-13-302. Payment of fee in lieu of ad valorem property tax by certain energy
739     suppliers -- Method of calculating -- Collection -- Extent of tax lien.
740          (1) (a) Each project entity created under this chapter that owns a project and that sells
741     any capacity, service, or other benefit from it to an energy supplier or suppliers whose tangible
742     property is not exempted by Utah Constitution Article XIII, Section 3, from the payment of ad
743     valorem property tax, shall pay an annual fee in lieu of ad valorem property tax as provided in
744     this section to each taxing jurisdiction within which the project or any part of it is located.
745          (b) For purposes of this section, "annual fee" means the annual fee described in
746     Subsection (1)(a) that is in lieu of ad valorem property tax.
747          (c) The requirement to pay an annual fee shall commence:
748          (i) with respect to each taxing jurisdiction that is a candidate receiving the benefit of
749     impact alleviation payments under contracts or determination orders provided for in Sections
750     11-13-305 and 11-13-306, with the fiscal year of the candidate following the fiscal year of the
751     candidate in which the date of commercial operation of the last generating unit, other than any
752     generating unit providing additional project capacity, of the project occurs, or, in the case of
753     any facilities providing additional project capacity, with the fiscal year of the candidate
754     following the fiscal year of the candidate in which the date of commercial operation of the
755     generating unit providing the additional project capacity occurs; and
756          (ii) with respect to any taxing jurisdiction other than a taxing jurisdiction described in
757     Subsection (1)(c)(i), with the fiscal year of the taxing jurisdiction in which construction of the

758     project commences, or, in the case of facilities providing additional project capacity, with the
759     fiscal year of the taxing jurisdiction in which construction of those facilities commences.
760          (d) The requirement to pay an annual fee shall continue for the period of the useful life
761     of the project or facilities.
762          (2) (a) The annual fees due a school district shall be as provided in Subsection (2)(b)
763     because the ad valorem property tax imposed by a school district and authorized by the
764     Legislature represents both:
765          (i) a levy mandated by the state for the state minimum school program under Section
766     [53A-17a-135] 53F-2-301; and
767          (ii) local levies for capital outlay and other purposes under Sections [53A-16-113]
768     53F-8-303, [53A-17a-133] 53F-8-301, and [53A-17a-164] 53F-8-302.
769          (b) The annual fees due a school district shall be as follows:
770          (i) the project entity shall pay to the school district an annual fee for the state minimum
771     school program at the rate imposed by the school district and authorized by the Legislature
772     under Section [53A-17a-135] 53F-2-301; and
773          (ii) for all other local property tax levies authorized to be imposed by a school district,
774     the project entity shall pay to the school district either:
775          (A) an annual fee; or
776          (B) impact alleviation payments under contracts or determination orders provided for
777     in Sections 11-13-305 and 11-13-306.
778          (3) (a) An annual fee due a taxing jurisdiction for a particular year shall be calculated
779     by multiplying the tax rate or rates of the jurisdiction for that year by the product obtained by
780     multiplying the fee base or value determined in accordance with Subsection (4) for that year of
781     the portion of the project located within the jurisdiction by the percentage of the project which
782     is used to produce the capacity, service, or other benefit sold to the energy supplier or suppliers.
783          (b) As used in this section, "tax rate," when applied in respect to a school district,
784     includes any assessment to be made by the school district under Subsection (2) or Section
785     63M-5-302.

786          (c) There is to be credited against the annual fee due a taxing jurisdiction for each year,
787     an amount equal to the debt service, if any, payable in that year by the project entity on bonds,
788     the proceeds of which were used to provide public facilities and services for impact alleviation
789     in the taxing jurisdiction in accordance with Sections 11-13-305 and 11-13-306.
790          (d) The tax rate for the taxing jurisdiction for that year shall be computed so as to:
791          (i) take into account the fee base or value of the percentage of the project located
792     within the taxing jurisdiction determined in accordance with Subsection (4) used to produce the
793     capacity, service, or other benefit sold to the supplier or suppliers; and
794          (ii) reflect any credit to be given in that year.
795          (4) (a) Except as otherwise provided in this section, the annual fees required by this
796     section shall be paid, collected, and distributed to the taxing jurisdiction as if:
797          (i) the annual fees were ad valorem property taxes; and
798          (ii) the project were assessed at the same rate and upon the same measure of value as
799     taxable property in the state.
800          (b) (i) Notwithstanding Subsection (4)(a), for purposes of an annual fee required by
801     this section, the fee base of a project may be determined in accordance with an agreement
802     among:
803          (A) the project entity; and
804          (B) any county that:
805          (I) is due an annual fee from the project entity; and
806          (II) agrees to have the fee base of the project determined in accordance with the
807     agreement described in this Subsection (4).
808          (ii) The agreement described in Subsection (4)(b)(i):
809          (A) shall specify each year for which the fee base determined by the agreement shall be
810     used for purposes of an annual fee; and
811          (B) may not modify any provision of this chapter except the method by which the fee
812     base of a project is determined for purposes of an annual fee.
813          (iii) For purposes of an annual fee imposed by a taxing jurisdiction within a county

814     described in Subsection (4)(b)(i)(B), the fee base determined by the agreement described in
815     Subsection (4)(b)(i) shall be used for purposes of an annual fee imposed by that taxing
816     jurisdiction.
817          (iv) (A) If there is not agreement as to the fee base of a portion of a project for any
818     year, for purposes of an annual fee, the State Tax Commission shall determine the value of that
819     portion of the project for which there is not an agreement:
820          (I) for that year; and
821          (II) using the same measure of value as is used for taxable property in the state.
822          (B) The valuation required by Subsection (4)(b)(iv)(A) shall be made by the State Tax
823     Commission in accordance with rules made by the State Tax Commission.
824          (c) Payments of the annual fees shall be made from:
825          (i) the proceeds of bonds issued for the project; and
826          (ii) revenues derived by the project entity from the project.
827          (d) (i) The contracts of the project entity with the purchasers of the capacity, service, or
828     other benefits of the project whose tangible property is not exempted by Utah Constitution
829     Article XIII, Section 3, from the payment of ad valorem property tax shall require each
830     purchaser, whether or not located in the state, to pay, to the extent not otherwise provided for,
831     its share, determined in accordance with the terms of the contract, of these fees.
832          (ii) It is the responsibility of the project entity to enforce the obligations of the
833     purchasers.
834          (5) (a) The responsibility of the project entity to make payment of the annual fees is
835     limited to the extent that there is legally available to the project entity, from bond proceeds or
836     revenues, money to make these payments, and the obligation to make payments of the annual
837     fees is not otherwise a general obligation or liability of the project entity.
838          (b) No tax lien may attach upon any property or money of the project entity by virtue of
839     any failure to pay all or any part of an annual fee.
840          (c) The project entity or any purchaser may contest the validity of an annual fee to the
841     same extent as if the payment was a payment of the ad valorem property tax itself.

842          (d) The payments of an annual fee shall be reduced to the extent that any contest is
843     successful.
844          (6) (a) The annual fee described in Subsection (1):
845          (i) shall be paid by a public agency that:
846          (A) is not a project entity; and
847          (B) owns an interest in a facility providing additional project capacity if the interest is
848     otherwise exempt from taxation pursuant to Utah Constitution, Article XIII, Section 3; and
849          (ii) for a public agency described in Subsection (6)(a)(i), shall be calculated in
850     accordance with Subsection (6)(b).
851          (b) The annual fee required under Subsection (6)(a) shall be an amount equal to the tax
852     rate or rates of the applicable taxing jurisdiction multiplied by the product of the following:
853          (i) the fee base or value of the facility providing additional project capacity located
854     within the jurisdiction;
855          (ii) the percentage of the ownership interest of the public agency in the facility; and
856          (iii) the portion, expressed as a percentage, of the public agency's ownership interest
857     that is attributable to the capacity, service, or other benefit from the facility that is sold by the
858     public agency to an energy supplier or suppliers whose tangible property is not exempted by
859     Utah Constitution, Article XIII, Section 3, from the payment of ad valorem property tax.
860          (c) A public agency paying the annual fee pursuant to Subsection (6)(a) shall have the
861     obligations, credits, rights, and protections set forth in Subsections (1) through (5) with respect
862     to its ownership interest as though it were a project entity.
863          Section 5. Section 11-13-310 is amended to read:
864          11-13-310. Termination of impact alleviation contract.
865          If the project or any part of it or the facilities providing additional project capacity or
866     any part of them, or the output from the project or facilities providing additional project
867     capacity become subject, in addition to the requirements of Section 11-13-302, to ad valorem
868     property taxation or other payments in lieu of ad valorem property taxation, or other form of
869     tax equivalent payments to any candidate which is a party to an impact alleviation contract with

870     respect to the project or facilities providing additional project capacity or is receiving impact
871     alleviation payments or means with respect to the project or facilities providing additional
872     project capacity pursuant to a determination by the board, then the impact alleviation contract
873     or the requirement to make impact alleviation payments or provide means therefor pursuant to
874     the determination, as the case may be, shall, at the election of the candidate, terminate. In any
875     event, each impact alleviation contract or determination order shall terminate upon the project,
876     or, in the case of facilities providing additional project capacity, those facilities becoming
877     subject to the provisions of Section 11-13-302, except that no impact alleviation contract or
878     agreement entered by a school district shall terminate because of in lieu ad valorem property
879     tax fees levied under Subsection 11-13-302(2)(b)(i) or because of ad valorem property taxes
880     levied under Section [53A-17a-135] 53F-2-301 for the state minimum school program. In
881     addition, if the construction of the project, or, in the case of facilities providing additional
882     project capacity, of those facilities, is permanently terminated for any reason, each impact
883     alleviation contract and determination order, and the payments and means required thereunder,
884     shall terminate. No termination of an impact alleviation contract or determination order may
885     terminate or reduce any liability previously incurred pursuant to the contract or determination
886     order by the candidate beneficiary under it. If the provisions of Section 11-13-302, or its
887     successor, are held invalid by a court of competent jurisdiction, and no ad valorem taxes or
888     other form of tax equivalent payments are payable, the remaining provisions of this chapter
889     shall continue in operation without regard to the commencement of commercial operation of
890     the last generating unit of that project or of facilities providing additional project capacity.
891          Section 6. Section 11-14-202 is amended to read:
892          11-14-202. Notice of election -- Contents -- Publication -- Mailing.
893          (1) The governing body shall ensure that notice of the election is provided:
894          (a) once per week during three consecutive weeks by publication in a newspaper
895     having general circulation in the local political subdivision in accordance with Section
896     11-14-316, the first publication occurring not less than 21 nor more than 35 days before the
897     election;

898          (b) on a website, if available, in accordance with Section 45-1-101 for the three weeks
899     that immediately precede the election; and
900          (c) in a local political subdivision where there is no newspaper of general circulation,
901     by posting notice of the bond election in at least five public places in the local political
902     subdivision at least 21 days before the election.
903          (2) When the debt service on the bonds to be issued will increase the property tax
904     imposed upon the average value of a residence by an amount that is greater than or equal to $15
905     per year, the governing body shall prepare and mail either a voter information pamphlet or a
906     notification described in Subsection (8):
907          (a) at least 15 days but not more than 45 days before the bond election;
908          (b) to each household containing a registered voter who is eligible to vote on the
909     bonds; and
910          (c) that includes the information required by Subsections (4) and (5).
911          (3) The election officer may change the location of, or establish an additional:
912          (a) voting precinct polling place, in accordance with Subsection (6);
913          (b) early voting polling place, in accordance with Subsection 20A-3-603(2); or
914          (c) election day voting center, in accordance with Subsection 20A-3-703(2).
915          (4) The notice described in Subsection (1) and the voter information pamphlet
916     described in Subsection (2):
917          (a) shall include, in the following order:
918          (i) the date of the election;
919          (ii) the hours during which the polls will be open;
920          (iii) the address of the Statewide Electronic Voter Information Website and, if
921     available, the address of the election officer's website, with a statement indicating that the
922     election officer will post on the website the location of each polling place for each voting
923     precinct, each early voting polling place, and each election day voting center, including any
924     changes to the location of a polling place and the location of an additional polling place;
925          (iv) a phone number that a voter may call to obtain information regarding the location

926     of a polling place; and
927          (v) the title and text of the ballot proposition, including the property tax cost of the
928     bond described in Subsection 11-14-206(2)(a); and
929          (b) may include the location of each polling place.
930          (5) The voter information pamphlet required by this section shall include:
931          (a) the information required under Subsection (4); and
932          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
933     which may be based on information the governing body determines to be useful, including:
934          (i) expected debt service on the bonds to be issued;
935          (ii) a description of the purpose, remaining principal balance, and maturity date of any
936     outstanding general obligation bonds of the issuer;
937          (iii) funds other than property taxes available to pay debt service on general obligation
938     bonds;
939          (iv) timing of expenditures of bond proceeds;
940          (v) property values; and
941          (vi) any additional information that the governing body determines may be useful to
942     explain the property tax impact of issuance of the bonds.
943          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
944     deadlines described in Subsections (1) and (2):
945          (i) if necessary, change the location of a voting precinct polling place; or
946          (ii) if the election officer determines that the number of voting precinct polling places
947     is insufficient due to the number of registered voters who are voting, designate additional
948     voting precinct polling places.
949          (b) Except as provided in Section 20A-1-308, if an election officer changes the
950     location of a voting precinct polling place or designates an additional voting precinct polling
951     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
952     times, and location of a changed voting precinct polling place or an additional voting precinct
953     polling place:

954          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
955     Information Website;
956          (ii) by posting the information on the website of the election officer, if available; and
957          (iii) by posting notice:
958          (A) of a change in the location of a voting precinct polling place, at the new location
959     and, if possible, the old location; and
960          (B) of an additional voting precinct polling place, at the additional voting precinct
961     polling place.
962          (7) The governing body shall pay the costs associated with the notice required by this
963     section.
964          (8) (a) The governing body may mail a notice printed on a postage prepaid,
965     preaddressed return form that a person may use to request delivery of a voter information
966     pamphlet by mail.
967          (b) The notice described in Subsection (8)(a) shall include:
968          (i) the website upon which the voter information pamphlet is available; and
969          (ii) the phone number a voter may call to request delivery of a voter information
970     pamphlet by mail.
971          (9) A local school board shall comply with the voter information pamphlet
972     requirements described in Section [53A-18-102] 53G-4-603.
973          Section 7. Section 11-17-20 is amended to read:
974          11-17-20. Power of the Utah Charter School Finance Authority.
975          (1) The Utah Charter School Finance Authority may exercise the powers granted to
976     municipalities and counties by this chapter, subject to the same limitations as that imposed on a
977     municipality or county under the chapter, except as provided by [Title 53A, Chapter 20b, Part
978     1, Utah Charter School Finance Authority] Title 53G, Chapter 5, Part 6, Charter School Credit
979     Enhancement Program.
980          (2) As used in this chapter, "governing body" when applied to the Utah Charter School
981     Finance Authority means the authority's governing board as described in Section

982     [53A-20b-103] 53G-5-602.
983          (3) Notwithstanding Section 11-17-15, a charter school that receives financing under
984     this chapter is subject to Title 63G, Chapter 6a, Utah Procurement Code.
985          Section 8. Section 11-36a-102 is amended to read:
986          11-36a-102. Definitions.
987          As used in this chapter:
988          (1) (a) "Affected entity" means each county, municipality, local district under Title
989     17B, Limited Purpose Local Government Entities - Local Districts, special service district
990     under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation
991     entity established under Chapter 13, Interlocal Cooperation Act, and specified public utility:
992          (i) whose services or facilities are likely to require expansion or significant
993     modification because of the facilities proposed in the proposed impact fee facilities plan; or
994          (ii) that has filed with the local political subdivision or private entity a copy of the
995     general or long-range plan of the county, municipality, local district, special service district,
996     school district, interlocal cooperation entity, or specified public utility.
997          (b) "Affected entity" does not include the local political subdivision or private entity
998     that is required under Section 11-36a-501 to provide notice.
999          (2) "Charter school" includes:
1000          (a) an operating charter school;
1001          (b) an applicant for a charter school whose application has been approved by a charter
1002     school authorizer as provided in [Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act]
1003     Title 53G, Chapter 5, Part 6, Charter School Credit Enhancement Program; and
1004          (c) an entity that is working on behalf of a charter school or approved charter applicant
1005     to develop or construct a charter school building.
1006          (3) "Development activity" means any construction or expansion of a building,
1007     structure, or use, any change in use of a building or structure, or any changes in the use of land
1008     that creates additional demand and need for public facilities.
1009          (4) "Development approval" means:

1010          (a) except as provided in Subsection (4)(b), any written authorization from a local
1011     political subdivision that authorizes the commencement of development activity;
1012          (b) development activity, for a public entity that may develop without written
1013     authorization from a local political subdivision;
1014          (c) a written authorization from a public water supplier, as defined in Section 73-1-4,
1015     or a private water company:
1016          (i) to reserve or provide:
1017          (A) a water right;
1018          (B) a system capacity; or
1019          (C) a distribution facility; or
1020          (ii) to deliver for a development activity:
1021          (A) culinary water; or
1022          (B) irrigation water; or
1023          (d) a written authorization from a sanitary sewer authority, as defined in Section
1024     10-9a-103:
1025          (i) to reserve or provide:
1026          (A) sewer collection capacity; or
1027          (B) treatment capacity; or
1028          (ii) to provide sewer service for a development activity.
1029          (5) "Enactment" means:
1030          (a) a municipal ordinance, for a municipality;
1031          (b) a county ordinance, for a county; and
1032          (c) a governing board resolution, for a local district, special service district, or private
1033     entity.
1034          (6) "Encumber" means:
1035          (a) a pledge to retire a debt; or
1036          (b) an allocation to a current purchase order or contract.
1037          (7) "Hookup fee" means a fee for the installation and inspection of any pipe, line,

1038     meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility
1039     system of a municipality, county, local district, special service district, or private entity.
1040          (8) (a) "Impact fee" means a payment of money imposed upon new development
1041     activity as a condition of development approval to mitigate the impact of the new development
1042     on public infrastructure.
1043          (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
1044     hookup fee, a fee for project improvements, or other reasonable permit or application fee.
1045          (9) "Impact fee analysis" means the written analysis of each impact fee required by
1046     Section 11-36a-303.
1047          (10) "Impact fee facilities plan" means the plan required by Section 11-36a-301.
1048          (11) "Level of service" means the defined performance standard or unit of demand for
1049     each capital component of a public facility within a service area.
1050          (12) (a) "Local political subdivision" means a county, a municipality, a local district
1051     under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special
1052     service district under Title 17D, Chapter 1, Special Service District Act.
1053          (b) "Local political subdivision" does not mean a school district, whose impact fee
1054     activity is governed by Section [53A-20-100.5] 11-36a-206.
1055          (13) "Private entity" means an entity in private ownership with at least 100 individual
1056     shareholders, customers, or connections, that is located in a first, second, third, or fourth class
1057     county and provides water to an applicant for development approval who is required to obtain
1058     water from the private entity either as a:
1059          (a) specific condition of development approval by a local political subdivision acting
1060     pursuant to a prior agreement, whether written or unwritten, with the private entity; or
1061          (b) functional condition of development approval because the private entity:
1062          (i) has no reasonably equivalent competition in the immediate market; and
1063          (ii) is the only realistic source of water for the applicant's development.
1064          (14) (a) "Project improvements" means site improvements and facilities that are:
1065          (i) planned and designed to provide service for development resulting from a

1066     development activity;
1067          (ii) necessary for the use and convenience of the occupants or users of development
1068     resulting from a development activity; and
1069          (iii) not identified or reimbursed as a system improvement.
1070          (b) "Project improvements" does not mean system improvements.
1071          (15) "Proportionate share" means the cost of public facility improvements that are
1072     roughly proportionate and reasonably related to the service demands and needs of any
1073     development activity.
1074          (16) "Public facilities" means only the following impact fee facilities that have a life
1075     expectancy of 10 or more years and are owned or operated by or on behalf of a local political
1076     subdivision or private entity:
1077          (a) water rights and water supply, treatment, storage, and distribution facilities;
1078          (b) wastewater collection and treatment facilities;
1079          (c) storm water, drainage, and flood control facilities;
1080          (d) municipal power facilities;
1081          (e) roadway facilities;
1082          (f) parks, recreation facilities, open space, and trails;
1083          (g) public safety facilities; or
1084          (h) environmental mitigation as provided in Section 11-36a-205.
1085          (17) (a) "Public safety facility" means:
1086          (i) a building constructed or leased to house police, fire, or other public safety entities;
1087     or
1088          (ii) a fire suppression vehicle costing in excess of $500,000.
1089          (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
1090     incarceration.
1091          (18) (a) "Roadway facilities" means a street or road that has been designated on an
1092     officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
1093     together with all necessary appurtenances.

1094          (b) "Roadway facilities" includes associated improvements to a federal or state
1095     roadway only when the associated improvements:
1096          (i) are necessitated by the new development; and
1097          (ii) are not funded by the state or federal government.
1098          (c) "Roadway facilities" does not mean federal or state roadways.
1099          (19) (a) "Service area" means a geographic area designated by an entity that imposes an
1100     impact fee on the basis of sound planning or engineering principles in which a public facility,
1101     or a defined set of public facilities, provides service within the area.
1102          (b) "Service area" may include the entire local political subdivision or an entire area
1103     served by a private entity.
1104          (20) "Specified public agency" means:
1105          (a) the state;
1106          (b) a school district; or
1107          (c) a charter school.
1108          (21) (a) "System improvements" means:
1109          (i) existing public facilities that are:
1110          (A) identified in the impact fee analysis under Section 11-36a-304; and
1111          (B) designed to provide services to service areas within the community at large; and
1112          (ii) future public facilities identified in the impact fee analysis under Section
1113     11-36a-304 that are intended to provide services to service areas within the community at large.
1114          (b) "System improvements" does not mean project improvements.
1115          Section 9. Section 11-36a-202 is amended to read:
1116          11-36a-202. Prohibitions on impact fees.
1117          (1) A local political subdivision or private entity may not:
1118          (a) impose an impact fee to:
1119          (i) cure deficiencies in a public facility serving existing development;
1120          (ii) raise the established level of service of a public facility serving existing
1121     development;

1122          (iii) recoup more than the local political subdivision's or private entity's costs actually
1123     incurred for excess capacity in an existing system improvement; or
1124          (iv) include an expense for overhead, unless the expense is calculated pursuant to a
1125     methodology that is consistent with:
1126          (A) generally accepted cost accounting practices; and
1127          (B) the methodological standards set forth by the federal Office of Management and
1128     Budget for federal grant reimbursement;
1129          (b) delay the construction of a school or charter school because of a dispute with the
1130     school or charter school over impact fees; or
1131          (c) impose or charge any other fees as a condition of development approval unless
1132     those fees are a reasonable charge for the service provided.
1133          (2) (a) Notwithstanding any other provision of this chapter, a political subdivision or
1134     private entity may not impose an impact fee:
1135          (i) on residential components of development to pay for a public safety facility that is a
1136     fire suppression vehicle;
1137          (ii) on a school district or charter school for a park, recreation facility, open space, or
1138     trail;
1139          (iii) on a school district or charter school unless:
1140          (A) the development resulting from the school district's or charter school's
1141     development activity directly results in a need for additional system improvements for which
1142     the impact fee is imposed; and
1143          (B) the impact fee is calculated to cover only the school district's or charter school's
1144     proportionate share of the cost of those additional system improvements;
1145          (iv) to the extent that the impact fee includes a component for a law enforcement
1146     facility, on development activity for:
1147          (A) the Utah National Guard;
1148          (B) the Utah Highway Patrol; or
1149          (C) a state institution of higher education that has its own police force; or

1150          (v) on development activity on the state fair park, as defined in Section 63H-6-102.
1151          (b) (i) Notwithstanding any other provision of this chapter, a political subdivision or
1152     private entity may not impose an impact fee on development activity that consists of the
1153     construction of a school, whether by a school district or a charter school, if:
1154          (A) the school is intended to replace another school, whether on the same or a different
1155     parcel;
1156          (B) the new school creates no greater demand or need for public facilities than the
1157     school or school facilities, including any portable or modular classrooms that are on the site of
1158     the replaced school at the time that the new school is proposed; and
1159          (C) the new school and the school being replaced are both within the boundary of the
1160     local political subdivision or the jurisdiction of the private entity.
1161          (ii) If the imposition of an impact fee on a new school is not prohibited under
1162     Subsection (2)(b)(i) because the new school creates a greater demand or need for public
1163     facilities than the school being replaced, the impact fee shall be based only on the demand or
1164     need that the new school creates for public facilities that exceeds the demand or need that the
1165     school being replaced creates for those public facilities.
1166          (c) Notwithstanding any other provision of this chapter, a political subdivision or
1167     private entity may impose an impact fee for a road facility on the state only if and to the extent
1168     that:
1169          (i) the state's development causes an impact on the road facility; and
1170          (ii) the portion of the road facility related to an impact fee is not funded by the state or
1171     by the federal government.
1172          (3) Notwithstanding any other provision of this chapter, a local political subdivision
1173     may impose and collect impact fees on behalf of a school district if authorized by Section
1174     [53A-20-100.5] 11-36a-206.
1175          Section 10. Section 11-44-201 is amended to read:
1176          11-44-201. Political subdivision responsibilities -- State responsibilities.
1177          (1) A political subdivision may:

1178          (a) enter into a performance efficiency agreement;
1179          (b) develop and administer a performance efficiency program;
1180          (c) analyze energy consumption by the political subdivision;
1181          (d) designate a staff member who is responsible for a performance efficiency program;
1182     and
1183          (e) provide the governing body of the political subdivision with information regarding
1184     the performance efficiency program.
1185          (2) The following entities may provide information, technical resources, and other
1186     assistance to a political subdivision acting under this chapter:
1187          (a) the Utah Geological Survey, created in Section 79-3-201;
1188          (b) the State Board of Education[, under Title 53A, Chapter 1, Administration of
1189     Public Education at the State Level];
1190          (c) the Division of Purchasing and General Services, created in Section 63A-2-101;
1191     and
1192          (d) the Division of Facilities Construction and Management, created in Section
1193     63A-5-201.
1194          Section 11. Section 11-49-102 is amended to read:
1195          11-49-102. Definitions.
1196          (1) "Commission" means the Political Subdivisions Ethics Review Commission
1197     established in Section 11-49-201.
1198          (2) "Complainant" means a person who files a complaint in accordance with Section
1199     11-49-501.
1200          (3) "Ethics violation" means a violation of:
1201          (a) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
1202          (b) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
1203          (c) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
1204          (4) "Local political subdivision ethics commission" means an ethics commission
1205     established by a political subdivision within the political subdivision or with another political

1206     subdivision by interlocal agreement in accordance with Section 11-49-103.
1207          (5) "Political subdivision" means a county, municipality, school district, community
1208     reinvestment agency, local district, special service district, an entity created by an interlocal
1209     agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, a local building
1210     authority, or any other governmental subdivision or public corporation.
1211          (6) (a) "Political subdivision employee" means a person who is:
1212          (i) (A) in a municipality, employed as a city manager or non-elected chief executive on
1213     a full or part-time basis; or
1214          (B) employed as the non-elected chief executive by a political subdivision other than a
1215     municipality on a full or part-time basis; and
1216          (ii) subject to:
1217          (A) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
1218          (B) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
1219          (C) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
1220          (b) "Political subdivision employee" does not include:
1221          (i) a person who is a political subdivision officer;
1222          (ii) an employee of a state entity; or
1223          (iii) a legislative employee as defined in Section 67-16-3.
1224          (7) "Political subdivision governing body" means:
1225          (a) for a county, the county legislative body as defined in Section 68-3-12.5;
1226          (b) for a municipality, the council of the city or town;
1227          (c) for a school district, the local board of education described in Section [53A-3-101]
1228     53G-4-201;
1229          (d) for a community reinvestment agency, the agency board described in Section
1230     17C-1-203;
1231          (e) for a local district, the board of trustees described in Section 17B-1-301;
1232          (f) for a special service district:
1233          (i) the legislative body of the county, city, or town that established the special service

1234     district, if no administrative control board has been appointed under Section 17D-1-301; or
1235          (ii) the administrative control board of the special service district, if an administrative
1236     control board has been appointed under Section 17D-1-301;
1237          (g) for an entity created by an interlocal agreement, the governing body of an interlocal
1238     entity, as defined in Section 11-13-103;
1239          (h) for a local building authority, the governing body, as defined in Section 17D-2-102,
1240     that creates the local building authority; or
1241          (i) for any other governmental subdivision or public corporation, the board or other
1242     body authorized to make executive and management decisions for the subdivision or public
1243     corporation.
1244          (8) (a) "Political subdivision officer" means a person elected in a political subdivision
1245     who is subject to:
1246          (i) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
1247          (ii) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
1248          (iii) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
1249          (b) "Political subdivision officer" does not include:
1250          (i) a person elected or appointed to a state entity;
1251          (ii) the governor;
1252          (iii) the lieutenant governor;
1253          (iv) a member or member-elect of either house of the Legislature; or
1254          (v) a member of Utah's congressional delegation.
1255          (9) "Respondent" means a person who files a response in accordance with Section
1256     11-49-604.
1257          Section 12. Section 13-22-8 is amended to read:
1258          13-22-8. Exemptions.
1259          (1) Section 13-22-5 does not apply to:
1260          (a) a bona fide religious, ecclesiastical, or denominational organization if:
1261          (i) the solicitation is made for a church, missionary, religious, or humanitarian purpose;

1262     and
1263          (ii) the organization is either:
1264          (A) a lawfully organized corporation, institution, society, church, or established
1265     physical place of worship, at which nonprofit religious services and activities are regularly
1266     conducted and carried on;
1267          (B) a bona fide religious group:
1268          (I) that does not maintain specific places of worship;
1269          (II) that is not subject to federal income tax; and
1270          (III) not required to file an IRS Form 990 under any circumstance; or
1271          (C) a separate group or corporation that is an integral part of an institution that is an
1272     income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) and is not primarily supported
1273     by funds solicited outside the group's or corporation's own membership or congregation;
1274          (b) a solicitation by a broadcast media owned or operated by an educational institution
1275     or governmental entity, or any entity organized solely for the support of that broadcast media;
1276          (c) except as provided in Subsection 13-22-21(1), a solicitation for the relief of any
1277     person sustaining a life-threatening illness or injury specified by name at the time of
1278     solicitation if the entire amount collected without any deduction is turned over to the named
1279     person;
1280          (d) a political party authorized to transact the political party's affairs within this state
1281     and any candidate and campaign worker of the political party if the content and manner of any
1282     solicitation make clear that the solicitation is for the benefit of the political party or candidate;
1283          (e) a political action committee or group soliciting funds relating to issues or
1284     candidates on the ballot if the committee or group is required to file financial information with
1285     a federal or state election commission;
1286          (f) (i) a public school;
1287          (ii) a public institution of higher learning;
1288          (iii) a school accredited by an accreditation body recognized within the state or the
1289     United States;

1290          (iv) an institution of higher learning accredited by an accreditation body recognized
1291     within the state or the United States;
1292          (v) an organization within, and authorized by, an entity described in Subsections
1293     (1)(f)(i) through (iv); or
1294          (vi) a parent organization, teacher organization, or student organization authorized by
1295     an entity described in Subsection (1)(f)(i) or (iii) if:
1296          (A) the parent organization, teacher organization, or student organization is a branch
1297     of, or is affiliated with, a central organization;
1298          (B) the parent organization, teacher organization, or student organization is subject to
1299     the central organization's general control and supervision;
1300          (C) the central organization holds a United States Internal Revenue Service group tax
1301     exemption that covers the parent organization, teacher organization, or student organization;
1302     and
1303          (D) the central organization is registered with the division under this chapter;
1304          (g) a public or higher education foundation established under [Title 53A, State System
1305     of Public Education] Title 53E, Public Education System -- State Administration, Title 53G,
1306     Public Education System -- Local Administration, or Title 53B, State System of Higher
1307     Education;
1308          (h) a television station, radio station, or newspaper of general circulation that donates
1309     air time or print space for no consideration as part of a cooperative solicitation effort on behalf
1310     of a charitable organization, whether or not that organization is required to register under this
1311     chapter;
1312          (i) a volunteer fire department, rescue squad, or local civil defense organization whose
1313     financial oversight is under the control of a local governmental entity;
1314          (j) any governmental unit of any state or the United States;
1315          (k) any corporation:
1316          (i) established by an act of the United States Congress; and
1317          (ii) that is required by federal law to submit an annual report:

1318          (A) on the activities of the corporation, including an itemized report of all receipts and
1319     expenditures of the corporation; and
1320          (B) to the United States Secretary of Defense to be:
1321          (I) audited; and
1322          (II) submitted to the United States Congress;
1323          (l) a solicitation by an applicant for a grant offered by a state agency if:
1324          (i) the terms of the grant provide that the state agency monitors a grant recipient to
1325     ensure that grant funds are used in accordance with the grant's purpose; and
1326          (ii) the sum of the amount available to the applicant under grants offered by a state
1327     agency that the applicant applies for in a calendar year is less than or equal to $1,500; and
1328          (m) a chapter of a charitable organization or a person who solicits contributions for a
1329     charitable organization, if the charitable organization is registered with the division pursuant to
1330     Section 13-22-5, and:
1331          (i) all contributions solicited by the chapter or person are delivered directly to the
1332     control of the charitable organization; or
1333          (ii) (A) the charitable organization holds a United States Internal Revenue Service
1334     group tax exemption that covers the chapter;
1335          (B) the charitable organization provides a list of its chapters to the division with its
1336     registration or renewal of registration;
1337          (C) the chapter is on the list provided under Subsection (1)(m)(ii)(B);
1338          (D) the chapter maintains the information required under Section 13-22-15 and
1339     provides the information to the division upon request; and
1340          (E) solicitations by the chapter or the person are limited to the collection of
1341     membership-related fees, dues, or assessments from new and existing members.
1342          (2) An organization claiming an exemption under this section bears the burden of
1343     proving the organization's eligibility for, or the applicability of, the exemption claimed.
1344          (3) An organization exempt from registration pursuant to this section that makes a
1345     material change in the organization's legal status, officers, address, or similar changes shall file

1346     a report informing the division of the organization's current legal status, business address,
1347     business phone, officers, and primary contact person within 30 days of the change.
1348          (4) The division may by rule:
1349          (a) require an organization that is exempt from registration under this section to:
1350          (i) file a notice of claim of exemption; and
1351          (ii) file a renewal of a notice of claim of exemption;
1352          (b) prescribe the contents of a notice of claim of exemption and a renewal of a notice
1353     of claim of exemption; and
1354          (c) require a filing fee for a notice of claim of exemption and a renewal of a notice of
1355     claim of exemption as determined under Section 63J-1-504.
1356          Section 13. Section 17-27a-103 is amended to read:
1357          17-27a-103. Definitions.
1358          As used in this chapter:
1359          (1) "Affected entity" means a county, municipality, local district, special service
1360     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1361     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1362     property owner, property owners association, public utility, or the Utah Department of
1363     Transportation, if:
1364          (a) the entity's services or facilities are likely to require expansion or significant
1365     modification because of an intended use of land;
1366          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1367     or
1368          (c) the entity has filed with the county a request for notice during the same calendar
1369     year and before the county provides notice to an affected entity in compliance with a
1370     requirement imposed under this chapter.
1371          (2) "Appeal authority" means the person, board, commission, agency, or other body
1372     designated by ordinance to decide an appeal of a decision of a land use application or a
1373     variance.

1374          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1375     residential property if the sign is designed or intended to direct attention to a business, product,
1376     or service that is not sold, offered, or existing on the property where the sign is located.
1377          (4) (a) "Charter school" means:
1378          (i) an operating charter school;
1379          (ii) a charter school applicant that has its application approved by a charter school
1380     authorizer in accordance with [Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act]
1381     Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1382          (iii) an entity that is working on behalf of a charter school or approved charter
1383     applicant to develop or construct a charter school building.
1384          (b) "Charter school" does not include a therapeutic school.
1385          (5) "Chief executive officer" means the person or body that exercises the executive
1386     powers of the county.
1387          (6) "Conditional use" means a land use that, because of its unique characteristics or
1388     potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1389     compatible in some areas or may be compatible only if certain conditions are required that
1390     mitigate or eliminate the detrimental impacts.
1391          (7) "Constitutional taking" means a governmental action that results in a taking of
1392     private property so that compensation to the owner of the property is required by the:
1393          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1394          (b) Utah Constitution, Article I, Section 22.
1395          (8) "Culinary water authority" means the department, agency, or public entity with
1396     responsibility to review and approve the feasibility of the culinary water system and sources for
1397     the subject property.
1398          (9) "Development activity" means:
1399          (a) any construction or expansion of a building, structure, or use that creates additional
1400     demand and need for public facilities;
1401          (b) any change in use of a building or structure that creates additional demand and need

1402     for public facilities; or
1403          (c) any change in the use of land that creates additional demand and need for public
1404     facilities.
1405          (10) (a) "Disability" means a physical or mental impairment that substantially limits
1406     one or more of a person's major life activities, including a person having a record of such an
1407     impairment or being regarded as having such an impairment.
1408          (b) "Disability" does not include current illegal use of, or addiction to, any federally
1409     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1410     802.
1411          (11) "Educational facility":
1412          (a) means:
1413          (i) a school district's building at which pupils assemble to receive instruction in a
1414     program for any combination of grades from preschool through grade 12, including
1415     kindergarten and a program for children with disabilities;
1416          (ii) a structure or facility:
1417          (A) located on the same property as a building described in Subsection (11)(a)(i); and
1418          (B) used in support of the use of that building; and
1419          (iii) a building to provide office and related space to a school district's administrative
1420     personnel; and
1421          (b) does not include:
1422          (i) land or a structure, including land or a structure for inventory storage, equipment
1423     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1424          (A) not located on the same property as a building described in Subsection (11)(a)(i);
1425     and
1426          (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
1427          (ii) a therapeutic school.
1428          (12) "Fire authority" means the department, agency, or public entity with responsibility
1429     to review and approve the feasibility of fire protection and suppression services for the subject

1430     property.
1431          (13) "Flood plain" means land that:
1432          (a) is within the 100-year flood plain designated by the Federal Emergency
1433     Management Agency; or
1434          (b) has not been studied or designated by the Federal Emergency Management Agency
1435     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1436     the land has characteristics that are similar to those of a 100-year flood plain designated by the
1437     Federal Emergency Management Agency.
1438          (14) "Gas corporation" has the same meaning as defined in Section 54-2-1.
1439          (15) "General plan" means a document that a county adopts that sets forth general
1440     guidelines for proposed future development of:
1441          (a) the unincorporated land within the county; or
1442          (b) for a mountainous planning district, the land within the mountainous planning
1443     district.
1444          (16) "Geologic hazard" means:
1445          (a) a surface fault rupture;
1446          (b) shallow groundwater;
1447          (c) liquefaction;
1448          (d) a landslide;
1449          (e) a debris flow;
1450          (f) unstable soil;
1451          (g) a rock fall; or
1452          (h) any other geologic condition that presents a risk:
1453          (i) to life;
1454          (ii) of substantial loss of real property; or
1455          (iii) of substantial damage to real property.
1456          (17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
1457     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility

1458     system.
1459          (18) "Identical plans" means building plans submitted to a county that:
1460          (a) are clearly marked as "identical plans";
1461          (b) are substantially identical building plans that were previously submitted to and
1462     reviewed and approved by the county; and
1463          (c) describe a building that:
1464          (i) is located on land zoned the same as the land on which the building described in the
1465     previously approved plans is located;
1466          (ii) is subject to the same geological and meteorological conditions and the same law
1467     as the building described in the previously approved plans;
1468          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1469     and approved by the county; and
1470          (iv) does not require any additional engineering or analysis.
1471          (19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
1472     Impact Fees Act.
1473          (20) "Improvement completion assurance" means a surety bond, letter of credit,
1474     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1475     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1476     required as a condition precedent to:
1477          (a) recording a subdivision plat; or
1478          (b) development of a commercial, industrial, mixed use, or multifamily project.
1479          (21) "Improvement warranty" means an applicant's unconditional warranty that the
1480     applicant's installed and accepted landscaping or infrastructure improvement:
1481          (a) complies with the county's written standards for design, materials, and
1482     workmanship; and
1483          (b) will not fail in any material respect, as a result of poor workmanship or materials,
1484     within the improvement warranty period.
1485          (22) "Improvement warranty period" means a period:

1486          (a) no later than one year after a county's acceptance of required landscaping; or
1487          (b) no later than one year after a county's acceptance of required infrastructure, unless
1488     the county:
1489          (i) determines for good cause that a one-year period would be inadequate to protect the
1490     public health, safety, and welfare; and
1491          (ii) has substantial evidence, on record:
1492          (A) of prior poor performance by the applicant; or
1493          (B) that the area upon which the infrastructure will be constructed contains suspect soil
1494     and the county has not otherwise required the applicant to mitigate the suspect soil.
1495          (23) "Infrastructure improvement" means permanent infrastructure that an applicant
1496     must install:
1497          (a) pursuant to published installation and inspection specifications for public
1498     improvements; and
1499          (b) as a condition of:
1500          (i) recording a subdivision plat; or
1501          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
1502     project.
1503          (24) "Internal lot restriction" means a platted note, platted demarcation, or platted
1504     designation that:
1505          (a) runs with the land; and
1506          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1507     the plat; or
1508          (ii) designates a development condition that is enclosed within the perimeter of a lot
1509     described on the plat.
1510          (25) "Interstate pipeline company" means a person or entity engaged in natural gas
1511     transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
1512     the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1513          (26) "Intrastate pipeline company" means a person or entity engaged in natural gas

1514     transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1515     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1516          (27) "Land use applicant" means a property owner, or the property owner's designee,
1517     who submits a land use application regarding the property owner's land.
1518          (28) "Land use application":
1519          (a) means an application that is:
1520          (i) required by a county; and
1521          (ii) submitted by a land use applicant to obtain a land use decision; and
1522          (b) does not mean an application to enact, amend, or repeal a land use regulation.
1523          (29) "Land use authority" means:
1524          (a) a person, board, commission, agency, or body, including the local legislative body,
1525     designated by the local legislative body to act upon a land use application; or
1526          (b) if the local legislative body has not designated a person, board, commission,
1527     agency, or body, the local legislative body.
1528          (30) "Land use decision" means a final action of a land use authority or appeal
1529     authority regarding:
1530          (a) a land use permit;
1531          (b) a land use application; or
1532          (c) the enforcement of a land use regulation, land use permit, or development
1533     agreement.
1534          (31) "Land use permit" means a permit issued by a land use authority.
1535          (32) "Land use regulation":
1536          (a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
1537     governs the use or development of land; and
1538          (b) does not include:
1539          (i) a general plan;
1540          (ii) a land use decision of the legislative body acting as the land use authority, even if
1541     the decision is expressed in a resolution or ordinance; or

1542          (iii) a temporary revision to an engineering specification that does not materially:
1543          (A) increase a land use applicant's cost of development compared to the existing
1544     specification; or
1545          (B) impact a land use applicant's use of land.
1546          (33) "Legislative body" means the county legislative body, or for a county that has
1547     adopted an alternative form of government, the body exercising legislative powers.
1548          (34) "Local district" means any entity under Title 17B, Limited Purpose Local
1549     Government Entities - Local Districts, and any other governmental or quasi-governmental
1550     entity that is not a county, municipality, school district, or the state.
1551          (35) "Lot line adjustment" means the relocation of the property boundary line in a
1552     subdivision between two adjoining lots with the consent of the owners of record.
1553          (36) "Moderate income housing" means housing occupied or reserved for occupancy
1554     by households with a gross household income equal to or less than 80% of the median gross
1555     income for households of the same size in the county in which the housing is located.
1556          (37) "Mountainous planning district" means an area:
1557          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
1558          (b) that is not otherwise exempt under Section 10-9a-304.
1559          (38) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
1560     and expenses incurred in:
1561          (a) verifying that building plans are identical plans; and
1562          (b) reviewing and approving those minor aspects of identical plans that differ from the
1563     previously reviewed and approved building plans.
1564          (39) "Noncomplying structure" means a structure that:
1565          (a) legally existed before its current land use designation; and
1566          (b) because of one or more subsequent land use ordinance changes, does not conform
1567     to the setback, height restrictions, or other regulations, excluding those regulations that govern
1568     the use of land.
1569          (40) "Nonconforming use" means a use of land that:

1570          (a) legally existed before its current land use designation;
1571          (b) has been maintained continuously since the time the land use ordinance regulation
1572     governing the land changed; and
1573          (c) because of one or more subsequent land use ordinance changes, does not conform
1574     to the regulations that now govern the use of the land.
1575          (41) "Official map" means a map drawn by county authorities and recorded in the
1576     county recorder's office that:
1577          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1578     highways and other transportation facilities;
1579          (b) provides a basis for restricting development in designated rights-of-way or between
1580     designated setbacks to allow the government authorities time to purchase or otherwise reserve
1581     the land; and
1582          (c) has been adopted as an element of the county's general plan.
1583          (42) "Parcel boundary adjustment" means a recorded agreement between owners of
1584     adjoining properties adjusting their mutual boundary if:
1585          (a) no additional parcel is created; and
1586          (b) each property identified in the agreement is unsubdivided land, including a
1587     remainder of subdivided land.
1588          (43) "Person" means an individual, corporation, partnership, organization, association,
1589     trust, governmental agency, or any other legal entity.
1590          (44) "Plan for moderate income housing" means a written document adopted by a
1591     county legislative body that includes:
1592          (a) an estimate of the existing supply of moderate income housing located within the
1593     county;
1594          (b) an estimate of the need for moderate income housing in the county for the next five
1595     years as revised biennially;
1596          (c) a survey of total residential land use;
1597          (d) an evaluation of how existing land uses and zones affect opportunities for moderate

1598     income housing; and
1599          (e) a description of the county's program to encourage an adequate supply of moderate
1600     income housing.
1601          (45) "Planning advisory area" means a contiguous, geographically defined portion of
1602     the unincorporated area of a county established under this part with planning and zoning
1603     functions as exercised through the planning advisory area planning commission, as provided in
1604     this chapter, but with no legal or political identity separate from the county and no taxing
1605     authority.
1606          (46) "Plat" means a map or other graphical representation of lands being laid out and
1607     prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13.
1608          (47) "Potential geologic hazard area" means an area that:
1609          (a) is designated by a Utah Geological Survey map, county geologist map, or other
1610     relevant map or report as needing further study to determine the area's potential for geologic
1611     hazard; or
1612          (b) has not been studied by the Utah Geological Survey or a county geologist but
1613     presents the potential of geologic hazard because the area has characteristics similar to those of
1614     a designated geologic hazard area.
1615          (48) "Public agency" means:
1616          (a) the federal government;
1617          (b) the state;
1618          (c) a county, municipality, school district, local district, special service district, or other
1619     political subdivision of the state; or
1620          (d) a charter school.
1621          (49) "Public hearing" means a hearing at which members of the public are provided a
1622     reasonable opportunity to comment on the subject of the hearing.
1623          (50) "Public meeting" means a meeting that is required to be open to the public under
1624     Title 52, Chapter 4, Open and Public Meetings Act.
1625          (51) "Receiving zone" means an unincorporated area of a county that the county

1626     designates, by ordinance, as an area in which an owner of land may receive a transferable
1627     development right.
1628          (52) "Record of survey map" means a map of a survey of land prepared in accordance
1629     with Section 17-23-17.
1630          (53) "Residential facility for persons with a disability" means a residence:
1631          (a) in which more than one person with a disability resides; and
1632          (b) (i) which is licensed or certified by the Department of Human Services under Title
1633     62A, Chapter 2, Licensure of Programs and Facilities; or
1634          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1635     21, Health Care Facility Licensing and Inspection Act.
1636          (54) "Rules of order and procedure" means a set of rules that govern and prescribe in a
1637     public meeting:
1638          (a) parliamentary order and procedure;
1639          (b) ethical behavior; and
1640          (c) civil discourse.
1641          (55) "Sanitary sewer authority" means the department, agency, or public entity with
1642     responsibility to review and approve the feasibility of sanitary sewer services or onsite
1643     wastewater systems.
1644          (56) "Sending zone" means an unincorporated area of a county that the county
1645     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1646     development right.
1647          (57) "Site plan" means a document or map that may be required by a county during a
1648     preliminary review preceding the issuance of a building permit to demonstrate that an owner's
1649     or developer's proposed development activity meets a land use requirement.
1650          (58) "Specified public agency" means:
1651          (a) the state;
1652          (b) a school district; or
1653          (c) a charter school.

1654          (59) "Specified public utility" means an electrical corporation, gas corporation, or
1655     telephone corporation, as those terms are defined in Section 54-2-1.
1656          (60) "State" includes any department, division, or agency of the state.
1657          (61) "Street" means a public right-of-way, including a highway, avenue, boulevard,
1658     parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
1659     way.
1660          (62) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
1661     divided into two or more lots, parcels, sites, units, plots, or other division of land for the
1662     purpose, whether immediate or future, for offer, sale, lease, or development either on the
1663     installment plan or upon any and all other plans, terms, and conditions.
1664          (b) "Subdivision" includes:
1665          (i) the division or development of land whether by deed, metes and bounds description,
1666     devise and testacy, map, plat, or other recorded instrument; and
1667          (ii) except as provided in Subsection (62)(c), divisions of land for residential and
1668     nonresidential uses, including land used or to be used for commercial, agricultural, and
1669     industrial purposes.
1670          (c) "Subdivision" does not include:
1671          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1672          (ii) a recorded agreement between owners of adjoining properties adjusting their
1673     mutual boundary if:
1674          (A) no new lot is created; and
1675          (B) the adjustment does not violate applicable land use ordinances;
1676          (iii) a recorded document, executed by the owner of record:
1677          (A) revising the legal description of more than one contiguous unsubdivided parcel of
1678     property into one legal description encompassing all such parcels of property; or
1679          (B) joining a subdivided parcel of property to another parcel of property that has not
1680     been subdivided, if the joinder does not violate applicable land use ordinances;
1681          (iv) a bona fide division or partition of land in a county other than a first class county

1682     for the purpose of siting, on one or more of the resulting separate parcels:
1683          (A) an electrical transmission line or a substation;
1684          (B) a natural gas pipeline or a regulation station; or
1685          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1686     utility service regeneration, transformation, retransmission, or amplification facility;
1687          (v) a recorded agreement between owners of adjoining subdivided properties adjusting
1688     their mutual boundary if:
1689          (A) no new dwelling lot or housing unit will result from the adjustment; and
1690          (B) the adjustment will not violate any applicable land use ordinance;
1691          (vi) a bona fide division or partition of land by deed or other instrument where the land
1692     use authority expressly approves in writing the division in anticipation of further land use
1693     approvals on the parcel or parcels; or
1694          (vii) a parcel boundary adjustment.
1695          (d) The joining of a subdivided parcel of property to another parcel of property that has
1696     not been subdivided does not constitute a subdivision under this Subsection (62) as to the
1697     unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
1698     ordinance.
1699          (63) "Suspect soil" means soil that has:
1700          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1701     3% swell potential;
1702          (b) bedrock units with high shrink or swell susceptibility; or
1703          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1704     commonly associated with dissolution and collapse features.
1705          (64) "Therapeutic school" means a residential group living facility:
1706          (a) for four or more individuals who are not related to:
1707          (i) the owner of the facility; or
1708          (ii) the primary service provider of the facility;
1709          (b) that serves students who have a history of failing to function:

1710          (i) at home;
1711          (ii) in a public school; or
1712          (iii) in a nonresidential private school; and
1713          (c) that offers:
1714          (i) room and board; and
1715          (ii) an academic education integrated with:
1716          (A) specialized structure and supervision; or
1717          (B) services or treatment related to a disability, an emotional development, a
1718     behavioral development, a familial development, or a social development.
1719          (65) "Transferable development right" means a right to develop and use land that
1720     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1721     land use rights from a designated sending zone to a designated receiving zone.
1722          (66) "Unincorporated" means the area outside of the incorporated area of a
1723     municipality.
1724          (67) "Water interest" means any right to the beneficial use of water, including:
1725          (a) each of the rights listed in Section 73-1-11; and
1726          (b) an ownership interest in the right to the beneficial use of water represented by:
1727          (i) a contract; or
1728          (ii) a share in a water company, as defined in Section 73-3-3.5.
1729          (68) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
1730     land use zones, overlays, or districts.
1731          Section 14. Section 17-27a-305 is amended to read:
1732          17-27a-305. Other entities required to conform to county's land use ordinances --
1733     Exceptions -- School districts and charter schools -- Submission of development plan and
1734     schedule.
1735          (1) (a) Each county, municipality, school district, charter school, local district, special
1736     service district, and political subdivision of the state shall conform to any applicable land use
1737     ordinance of any county when installing, constructing, operating, or otherwise using any area,

1738     land, or building situated within a mountainous planning district or the unincorporated portion
1739     of the county, as applicable.
1740          (b) In addition to any other remedies provided by law, when a county's land use
1741     ordinance is violated or about to be violated by another political subdivision, that county may
1742     institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
1743     prevent, enjoin, abate, or remove the improper installation, improvement, or use.
1744          (2) (a) Except as provided in Subsection (3), a school district or charter school is
1745     subject to a county's land use ordinances.
1746          (b) (i) Notwithstanding Subsection (3), a county may:
1747          (A) subject a charter school to standards within each zone pertaining to setback, height,
1748     bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
1749     staging; and
1750          (B) impose regulations upon the location of a project that are necessary to avoid
1751     unreasonable risks to health or safety, as provided in Subsection (3)(f).
1752          (ii) The standards to which a county may subject a charter school under Subsection
1753     (2)(b)(i) shall be objective standards only and may not be subjective.
1754          (iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
1755     deny or withhold approval of a charter school's land use application is the charter school's
1756     failure to comply with a standard imposed under Subsection (2)(b)(i).
1757          (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
1758     obligation to comply with a requirement of an applicable building or safety code to which it is
1759     otherwise obligated to comply.
1760          (3) A county may not:
1761          (a) impose requirements for landscaping, fencing, aesthetic considerations,
1762     construction methods or materials, additional building inspections, county building codes,
1763     building use for educational purposes, or the placement or use of temporary classroom facilities
1764     on school property;
1765          (b) except as otherwise provided in this section, require a school district or charter

1766     school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
1767     school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
1768     children and not located on or contiguous to school property, unless the roadway or sidewalk is
1769     required to connect an otherwise isolated school site to an existing roadway;
1770          (c) require a district or charter school to pay fees not authorized by this section;
1771          (d) provide for inspection of school construction or assess a fee or other charges for
1772     inspection, unless the school district or charter school is unable to provide for inspection by an
1773     inspector, other than the project architect or contractor, who is qualified under criteria
1774     established by the state superintendent;
1775          (e) require a school district or charter school to pay any impact fee for an improvement
1776     project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
1777          (f) impose regulations upon the location of an educational facility except as necessary
1778     to avoid unreasonable risks to health or safety; or
1779          (g) for a land use or a structure owned or operated by a school district or charter school
1780     that is not an educational facility but is used in support of providing instruction to pupils,
1781     impose a regulation that:
1782          (i) is not imposed on a similar land use or structure in the zone in which the land use or
1783     structure is approved; or
1784          (ii) uses the tax exempt status of the school district or charter school as criteria for
1785     prohibiting or regulating the land use or location of the structure.
1786          (4) Subject to Section [53A-20-108] 53E-3-710, a school district or charter school shall
1787     coordinate the siting of a new school with the county in which the school is to be located, to:
1788          (a) avoid or mitigate existing and potential traffic hazards, including consideration of
1789     the impacts between the new school and future highways; and
1790          (b) maximize school, student, and site safety.
1791          (5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
1792          (a) provide a walk-through of school construction at no cost and at a time convenient to
1793     the district or charter school; and

1794          (b) provide recommendations based upon the walk-through.
1795          (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
1796          (i) a county building inspector;
1797          (ii) (A) for a school district, a school district building inspector from that school
1798     district; or
1799          (B) for a charter school, a school district building inspector from the school district in
1800     which the charter school is located; or
1801          (iii) an independent, certified building inspector who is:
1802          (A) not an employee of the contractor;
1803          (B) approved by:
1804          (I) a county building inspector; or
1805          (II) (Aa) for a school district, a school district building inspector from that school
1806     district; or
1807          (Bb) for a charter school, a school district building inspector from the school district in
1808     which the charter school is located; and
1809          (C) licensed to perform the inspection that the inspector is requested to perform.
1810          (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
1811          (c) If a school district or charter school uses a school district or independent building
1812     inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
1813     the state superintendent of public instruction and county building official, on a monthly basis
1814     during construction of the school building, a copy of each inspection certificate regarding the
1815     school building.
1816          (7) (a) A charter school shall be considered a permitted use in all zoning districts
1817     within a county.
1818          (b) Each land use application for any approval required for a charter school, including
1819     an application for a building permit, shall be processed on a first priority basis.
1820          (c) Parking requirements for a charter school may not exceed the minimum parking
1821     requirements for schools or other institutional public uses throughout the county.

1822          (d) If a county has designated zones for a sexually oriented business, or a business
1823     which sells alcohol, a charter school may be prohibited from a location which would otherwise
1824     defeat the purpose for the zone unless the charter school provides a waiver.
1825          (e) (i) A school district or a charter school may seek a certificate authorizing permanent
1826     occupancy of a school building from:
1827          (A) the state superintendent of public instruction, as provided in Subsection
1828     [53A-20-104] 53E-3-706(3), if the school district or charter school used an independent
1829     building inspector for inspection of the school building; or
1830          (B) a county official with authority to issue the certificate, if the school district or
1831     charter school used a county building inspector for inspection of the school building.
1832          (ii) A school district may issue its own certificate authorizing permanent occupancy of
1833     a school building if it used its own building inspector for inspection of the school building,
1834     subject to the notification requirement of Subsection [53A-20-104] 53E-3-706(3)(a)(ii).
1835          (iii) A charter school may seek a certificate authorizing permanent occupancy of a
1836     school building from a school district official with authority to issue the certificate, if the
1837     charter school used a school district building inspector for inspection of the school building.
1838          (iv) A certificate authorizing permanent occupancy issued by the state superintendent
1839     of public instruction under Subsection [53A-20-104] 53E-3-706(3) or a school district official
1840     with authority to issue the certificate shall be considered to satisfy any county requirement for
1841     an inspection or a certificate of occupancy.
1842          (8) (a) A specified public agency intending to develop its land shall submit to the land
1843     use authority a development plan and schedule:
1844          (i) as early as practicable in the development process, but no later than the
1845     commencement of construction; and
1846          (ii) with sufficient detail to enable the land use authority to assess:
1847          (A) the specified public agency's compliance with applicable land use ordinances;
1848          (B) the demand for public facilities listed in Subsections 11-36a-102(16)(a), (b), (c),
1849     (d), (e), and (g) caused by the development;

1850          (C) the amount of any applicable fee described in Section 17-27a-509;
1851          (D) any credit against an impact fee; and
1852          (E) the potential for waiving an impact fee.
1853          (b) The land use authority shall respond to a specified public agency's submission
1854     under Subsection (8)(a) with reasonable promptness in order to allow the specified public
1855     agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
1856     process of preparing the budget for the development.
1857          (9) Nothing in this section may be construed to:
1858          (a) modify or supersede Section 17-27a-304; or
1859          (b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
1860     fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
1861     Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1862     1990, 42 U.S.C. 12102, or any other provision of federal law.
1863          Section 15. Section 20A-1-203 is amended to read:
1864          20A-1-203. Calling and purpose of special elections -- Two-thirds vote
1865     limitations.
1866          (1) Statewide and local special elections may be held for any purpose authorized by
1867     law.
1868          (2) (a) Statewide special elections shall be conducted using the procedure for regular
1869     general elections.
1870          (b) Except as otherwise provided in this title, local special elections shall be conducted
1871     using the procedures for regular municipal elections.
1872          (3) The governor may call a statewide special election by issuing an executive order
1873     that designates:
1874          (a) the date for the statewide special election; and
1875          (b) the purpose for the statewide special election.
1876          (4) The Legislature may call a statewide special election by passing a joint or
1877     concurrent resolution that designates:

1878          (a) the date for the statewide special election; and
1879          (b) the purpose for the statewide special election.
1880          (5) (a) The legislative body of a local political subdivision may call a local special
1881     election only for:
1882          (i) a vote on a bond or debt issue;
1883          (ii) a vote on a voted local levy authorized by Section [53A-16-110] 53F-8-402 or
1884     [53A-17a-133] 53F-8-301;
1885          (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
1886          (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
1887          (v) if required or authorized by federal law, a vote to determine whether or not Utah's
1888     legal boundaries should be changed;
1889          (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
1890          (vii) a vote to elect members to school district boards for a new school district and a
1891     remaining school district, as defined in Section [53A-2-117] 53G-3-102, following the creation
1892     of a new school district under Section [53A-2-118.1] 53G-3-302;
1893          (viii) a vote on a municipality providing cable television services or public
1894     telecommunications services under Section 10-18-204;
1895          (ix) a vote to create a new county under Section 17-3-1;
1896          (x) a vote on the creation of a study committee under Sections 17-52-202 and
1897     17-52-203.5;
1898          (xi) a vote on a special property tax under Section [53A-16-110] 53F-8-402;
1899          (xii) a vote on the incorporation of a city in accordance with Section 10-2a-210;
1900          (xiii) a vote on the incorporation of a town in accordance with Section 10-2a-304; or
1901          (xiv) a vote on incorporation or annexation as described in Section 10-2a-404.
1902          (b) The legislative body of a local political subdivision may call a local special election
1903     by adopting an ordinance or resolution that designates:
1904          (i) the date for the local special election as authorized by Section 20A-1-204; and
1905          (ii) the purpose for the local special election.

1906          (c) A local political subdivision may not call a local special election unless the
1907     ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
1908     two-thirds majority of all members of the legislative body, if the local special election is for:
1909          (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
1910          (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
1911          (iii) a vote authorized or required for a sales tax issue as described in Subsection
1912     (5)(a)(vi).
1913          Section 16. Section 20A-14-206 is amended to read:
1914          20A-14-206. Student petition for student member on local school board.
1915          (1) A student petition requesting that a local school board appoint a nonvoting student
1916     member to the board may be submitted to the board under this section.
1917          (2) The petition shall have the signatures of at least 500 students regularly enrolled in
1918     high school in the district or at least 10% of the number of students regularly enrolled in high
1919     school in the district, whichever is less.
1920          (3) (a) Upon receipt of the petition, the board may appoint a nonvoting student member
1921     to serve a one-year term on the local school board as an addition to the number of regular
1922     members authorized by law.
1923          (b) A student member's term begins July 1 and ends on June 30 of the following year.
1924          (4) A student board member shall be enrolled in a high school in the district and may
1925     be less than 18 years old.
1926          (5) A student member may participate in all board meetings, except executive sessions.
1927          (6) (a) A student board member shall receive the same expense allowance granted
1928     other board members under Section [53A-3-202] 53G-4-204.
1929          (b) A student member is not liable for any acts of the governing board.
1930          Section 17. Section 26-1-17.5 (Superseded 07/01/18) is amended to read:
1931          26-1-17.5 (Superseded 07/01/18). Confidential records.
1932          (1) A record classified as confidential under this title shall remain confidential, and be
1933     released according to the provisions of this title, notwithstanding Section 63G-2-310.

1934          (2) In addition to those persons granted access to records described in Subsection
1935     63G-2-302(1)(b), immunization records may be shared among schools, school districts, and
1936     local and state health departments and the state Department of Human Services as necessary to
1937     assure compliance with Section [53A-11-301] 53G-9-302 and to prevent, investigate, and
1938     control the causes of epidemic, infectious, communicable, and other diseases affecting the
1939     public health.
1940          Section 18. Section 26-1-17.5 (Effective 07/01/18) is amended to read:
1941          26-1-17.5 (Effective 07/01/18). Confidential records.
1942          (1) A record classified as confidential under this title shall remain confidential, and be
1943     released according to the provisions of this title, notwithstanding Section 63G-2-310.
1944          (2) In addition to those persons granted access to a private record described in
1945     Subsection 63G-2-302(1)(b), schools, school districts, and local and state health departments
1946     and the state Department of Human Services may share an immunization record as defined in
1947     Section [53A-11-300.5] 53G-9-301 or any other record relating to a vaccination or
1948     immunization as necessary to ensure compliance with Title [53A, Chapter 11, Part 3,
1949     Immunization of Students] 53G, Chapter 8, Part 3, Immunization Requirements, and to
1950     prevent, investigate, and control the causes of epidemic, infectious, communicable, and other
1951     diseases affecting the public health.
1952          Section 19. Section 26-7-9 (Effective 07/01/18) is amended to read:
1953          26-7-9 (Effective 07/01/18). Online public health education module.
1954          (1) As used in this section:
1955          (a) "Health care provider" means the same as that term is defined in Section
1956     78B-3-403.
1957          (b) "Nonimmune" means that a child or an individual:
1958          (i) has not received each vaccine required in Section [53A-11-303] 53G-9-305 and has
1959     not developed a natural immunity through previous illness to a vaccine-preventable disease, as
1960     documented by a health care provider;
1961          (ii) cannot receive each vaccine required in Section [53A-11-303] 53G-9-305; or

1962          (iii) is otherwise known to not be immune to a vaccine-preventable disease.
1963          (c) "Vaccine-preventable disease" means an infectious disease that can be prevented by
1964     a vaccination required in Section [53A-11-303] 53G-9-305.
1965          (2) The department shall develop an online education module regarding
1966     vaccine-preventable diseases:
1967          (a) to assist a parent of a nonimmune child to:
1968          (i) recognize the symptoms of vaccine-preventable diseases;
1969          (ii) respond in the case of an outbreak of a vaccine-preventable disease;
1970          (iii) protect children who contract a vaccine-preventable disease; and
1971          (iv) prevent the spread of vaccine-preventable diseases;
1972          (b) that contains only the following:
1973          (i) information about vaccine-preventable diseases necessary to achieve the goals
1974     stated in Subsection (2)(a), including the best practices to prevent the spread of
1975     vaccine-preventable diseases;
1976          (ii) recommendations to reduce the likelihood of a nonimmune individual contracting
1977     or transmitting a vaccine-preventable disease; and
1978          (iii) information about additional available resources related to vaccine-preventable
1979     diseases and the availability of low-cost vaccines;
1980          (c) that includes interactive questions or activities; and
1981          (d) that is expected to take an average user 20 minutes or less to complete, based on
1982     user testing.
1983          (3) In developing the online education module described in Subsection (2), the
1984     department shall consult with individuals interested in vaccination or vaccine-preventable
1985     diseases, including:
1986          (a) representatives from organizations of health care professionals; and
1987          (b) parents of nonimmune children.
1988          (4) The department shall make the online education module described in Subsection
1989     (2) publicly available to parents through:

1990          (a) a link on the department's website;
1991          (b) county health departments, as that term is defined in Section 26A-1-102;
1992          (c) local health departments, as that term is defined in Section 26A-1-102;
1993          (d) local education agencies, as that term is defined in Section [53A-1-401] 53E-3-401;
1994     and
1995          (e) other public health programs or organizations.
1996          (5) The department shall report to the Health and Human Services Interim Committee
1997     before November 30, 2018, regarding compliance with this section.
1998          Section 20. Section 26-10-6 is amended to read:
1999          26-10-6. Testing of newborn infants.
2000          (1) Except in the case where parents object on the grounds that they are members of a
2001     specified, well-recognized religious organization whose teachings are contrary to the tests
2002     required by this section, a newborn infant shall be tested for:
2003          (a) phenylketonuria (PKU);
2004          (b) other heritable disorders which may result in an intellectual or physical disability or
2005     death and for which:
2006          (i) a preventive measure or treatment is available; and
2007          (ii) there exists a reliable laboratory diagnostic test method;
2008          (c) (i) an infant born in a hospital with 100 or more live births annually, hearing loss;
2009     and
2010          (ii) an infant born in a setting other than a hospital with 100 or more live births
2011     annually, hearing loss; and
2012          (d) critical congenital heart defects using pulse oximetry.
2013          (2) In accordance with Section 26-1-6, the department may charge fees for:
2014          (a) materials supplied by the department to conduct tests required under Subsection (1);
2015          (b) tests required under Subsection (1) conducted by the department;
2016          (c) laboratory analyses by the department of tests conducted under Subsection (1); and
2017          (d) the administrative cost of follow-up contacts with the parents or guardians of tested

2018     infants.
2019          (3) Tests for hearing loss described in Subsection (1) shall be based on one or more
2020     methods approved by the Newborn Hearing Screening Committee, including:
2021          (a) auditory brainstem response;
2022          (b) automated auditory brainstem response; and
2023          (c) evoked otoacoustic emissions.
2024          (4) Results of tests for hearing loss described in Subsection (1) shall be reported to:
2025          (a) the department; and
2026          (b) when results of tests for hearing loss under Subsection (1) suggest that additional
2027     diagnostic procedures or medical interventions are necessary:
2028          (i) a parent or guardian of the infant;
2029          (ii) an early intervention program administered by the department in accordance with
2030     Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et seq.; and
2031          (iii) the Utah Schools for the Deaf and the Blind, created in Section [53A-25b-103]
2032     53E-8-201.
2033          (5) (a) There is established the Newborn Hearing Screening Committee.
2034          (b) The committee shall advise the department on:
2035          (i) the validity and cost of newborn infant hearing loss testing procedures; and
2036          (ii) rules promulgated by the department to implement this section.
2037          (c) The committee shall be composed of at least 11 members appointed by the
2038     executive director, including:
2039          (i) one representative of the health insurance industry;
2040          (ii) one pediatrician;
2041          (iii) one family practitioner;
2042          (iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
2043          (v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
2044          (vi) one representative of hospital neonatal nurseries;
2045          (vii) one representative of the Early Intervention Baby Watch Program administered by

2046     the department;
2047          (viii) one public health nurse;
2048          (ix) one consumer; and
2049          (x) the executive director or the executive director's designee.
2050          (d) Of the initial members of the committee, the executive director shall appoint as
2051     nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
2052     shall be for four-year terms except:
2053          (i) for those members who have been appointed to complete an unexpired term; and
2054          (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
2055     expire every two years.
2056          (e) A majority of the members constitute a quorum, and a vote of the majority of the
2057     members present constitutes an action of the committee.
2058          (f) The committee shall appoint a chairman from the committee's membership.
2059          (g) The committee shall meet at least quarterly.
2060          (h) A member may not receive compensation or benefits for the member's service, but
2061     may receive per diem and travel expenses in accordance with:
2062          (i) Section 63A-3-106;
2063          (ii) Section 63A-3-107; and
2064          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2065     63A-3-107.
2066          (i) The department shall provide staff for the committee.
2067          (6) Before implementing the test required by Subsection (1)(d), the department shall
2068     conduct a pilot program for testing newborns for critical congenital heart defects using pulse
2069     oximetry. The pilot program shall include the development of:
2070          (a) appropriate oxygen saturation levels that would indicate a need for further medical
2071     follow-up; and
2072          (b) the best methods for implementing the pulse oximetry screening in newborn care
2073     units.

2074          Section 21. Section 26-10-9 (Superseded 07/01/18) is amended to read:
2075          26-10-9 (Superseded 07/01/18). Immunizations -- Consent of minor to treatment.
2076          (1) This section:
2077          (a) is not intended to interfere with the integrity of the family or to minimize the rights
2078     of parents or children; and
2079          (b) applies to a minor, who at the time care is sought is:
2080          (i) married or has been married;
2081          (ii) emancipated as provided for in Section 78A-6-805;
2082          (iii) a parent with custody of a minor child; or
2083          (iv) pregnant.
2084          (2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
2085          (i) immunizations against epidemic infections and communicable diseases as defined
2086     in Section 26-6-2; and
2087          (ii) examinations and immunizations required to attend school as provided in [Title
2088     53A, Chapter 11, Students in Public Schools] Title 53G, Public Education System -- Local
2089     Administration.
2090          (b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
2091     immunizations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
2092     papillomavirus only if:
2093          (i) the minor represents to the health care provider that the minor is an abandoned
2094     minor as defined in Section 76-5-109; and
2095          (ii) the health care provider makes a notation in the minor's chart that the minor
2096     represented to the health care provider that the minor is an abandoned minor under Section
2097     76-5-109.
2098          (c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
2099     minor.
2100          (3) The consent of the minor pursuant to this section:
2101          (a) is not subject to later disaffirmance because of the minority of the person receiving

2102     the medical services;
2103          (b) is not voidable because of minority at the time the medical services were provided;
2104          (c) has the same legal effect upon the minor and the same legal obligations with regard
2105     to the giving of consent as consent given by a person of full age and capacity; and
2106          (d) does not require the consent of any other person or persons to authorize the medical
2107     services described in Subsections (2)(a) and (b).
2108          (4) A health care provider who provides medical services to a minor in accordance
2109     with the provisions of this section is not subject to civil or criminal liability for providing the
2110     services described in Subsections (2)(a) and (b) without obtaining the consent of another
2111     person prior to rendering the medical services.
2112          (5) This section does not remove the requirement for parental consent or notice when
2113     required by Section 76-7-304 or 76-7-304.5.
2114          (6) The parents, parent, or legal guardian of a minor who receives medical services
2115     pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
2116     the parents, parent, or legal guardian consented to the medical services.
2117          Section 22. Section 26-10-9 (Effective 07/01/18) is amended to read:
2118          26-10-9 (Effective 07/01/18). Immunizations -- Consent of minor to treatment.
2119          (1) This section:
2120          (a) is not intended to interfere with the integrity of the family or to minimize the rights
2121     of parents or children; and
2122          (b) applies to a minor, who at the time care is sought is:
2123          (i) married or has been married;
2124          (ii) emancipated as provided for in Section 78A-6-805;
2125          (iii) a parent with custody of a minor child; or
2126          (iv) pregnant.
2127          (2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
2128          (i) vaccinations against epidemic infections and communicable diseases as defined in
2129     Section 26-6-2; and

2130          (ii) examinations and vaccinations required to attend school as provided in [Title 53A,
2131     Chapter 11, Students in Public Schools] Title 53G, Public Education System -- Local
2132     Administration.
2133          (b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
2134     vaccinations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
2135     papillomavirus only if:
2136          (i) the minor represents to the health care provider that the minor is an abandoned
2137     minor as defined in Section 76-5-109; and
2138          (ii) the health care provider makes a notation in the minor's chart that the minor
2139     represented to the health care provider that the minor is an abandoned minor under Section
2140     76-5-109.
2141          (c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
2142     minor.
2143          (3) The consent of the minor pursuant to this section:
2144          (a) is not subject to later disaffirmance because of the minority of the person receiving
2145     the medical services;
2146          (b) is not voidable because of minority at the time the medical services were provided;
2147          (c) has the same legal effect upon the minor and the same legal obligations with regard
2148     to the giving of consent as consent given by a person of full age and capacity; and
2149          (d) does not require the consent of any other person or persons to authorize the medical
2150     services described in Subsections (2)(a) and (b).
2151          (4) A health care provider who provides medical services to a minor in accordance
2152     with the provisions of this section is not subject to civil or criminal liability for providing the
2153     services described in Subsections (2)(a) and (b) without obtaining the consent of another
2154     person prior to rendering the medical services.
2155          (5) This section does not remove the requirement for parental consent or notice when
2156     required by Section 76-7-304 or 76-7-304.5.
2157          (6) The parents, parent, or legal guardian of a minor who receives medical services

2158     pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
2159     the parents, parent, or legal guardian consented to the medical services.
2160          Section 23. Section 26-10-10 is amended to read:
2161          26-10-10. Cytomegalovirus (CMV) public education and testing.
2162          (1) As used in this section "CMV" means cytomegalovirus.
2163          (2) The department shall establish and conduct a public education program to inform
2164     pregnant women and women who may become pregnant regarding:
2165          (a) the incidence of CMV;
2166          (b) the transmission of CMV to pregnant women and women who may become
2167     pregnant;
2168          (c) birth defects caused by congenital CMV;
2169          (d) methods of diagnosing congenital CMV; and
2170          (e) available preventative measures.
2171          (3) The department shall provide the information described in Subsection (2) to:
2172          (a) child care programs licensed under Title 26, Chapter 39, Utah Child Care Licensing
2173     Act, and their employees;
2174          (b) a person described in Subsection 26-39-403(1)(c), (f), (g), (h), (j), or (k);
2175          (c) a person serving as a school nurse under Section [53A-11-204] 53G-9-204;
2176          (d) a person offering health education in a school district;
2177          (e) health care providers offering care to pregnant women and infants; and
2178          (f) religious, ecclesiastical, or denominational organizations offering children's
2179     programs as a part of worship services.
2180          (4) If a newborn infant fails the newborn hearing screening test(s) under Subsection
2181     26-10-6(1), a medical practitioner shall:
2182          (a) test the newborn infant for CMV before the newborn is 21 days of age, unless a
2183     parent of the newborn infant objects; and
2184          (b) provide to the parents of the newborn infant information regarding:
2185          (i) birth defects caused by congenital CMV; and

2186          (ii) available methods of treatment.
2187          (5) The department shall provide to the family and the medical practitioner, if known,
2188     information regarding the testing requirements under Subsection (4) when providing results
2189     indicating that an infant has failed the newborn hearing screening test(s) under Subsection
2190     26-10-6(1).
2191          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
2192     Administrative Rulemaking Act, as necessary to administer the provisions of this section.
2193          Section 24. Section 26-10-11 is amended to read:
2194          26-10-11. Children's Hearing Aid Program.
2195          (1) The department shall offer a program to provide hearing aids to children who
2196     qualify under this section.
2197          (2) The department shall provide hearing aids to a child who:
2198          (a) is younger than six years old;
2199          (b) is a resident of Utah;
2200          (c) has been diagnosed with hearing loss by:
2201          (i) an audiologist with pediatric expertise; and
2202          (ii) a physician;
2203          (d) provides documentation from an audiologist with pediatric expertise certifying that
2204     the child needs hearing aids;
2205          (e) has obtained medical clearance by a medical provider for hearing aid fitting;
2206          (f) does not qualify to receive a contribution that equals the full cost of a hearing aid
2207     from the state's Medicaid program or the Utah Children's Health Insurance Program; and
2208          (g) meets the financial need qualification criteria established by the department by rule,
2209     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2210     participation in the program.
2211          (3) (a) There is established the Children's Hearing Aid Advisory Committee.
2212          (b) The committee shall be composed of five members appointed by the executive
2213     director, and shall include:

2214          (i) one audiologist with pediatric expertise;
2215          (ii) one speech language pathologist;
2216          (iii) one teacher, certified under [Title 53A, State System of Public Education] Title
2217     53E, Public Education System -- State Administration, as a teacher of the deaf or a listening
2218     and spoken language therapist;
2219          (iv) one ear, nose, and throat specialist; and
2220          (v) one parent whose child:
2221          (A) is six years old or older; and
2222          (B) has hearing loss.
2223          (c) A majority of the members constitutes a quorum.
2224          (d) A vote of the majority of the members, with a quorum present, constitutes an action
2225     of the committee.
2226          (e) The committee shall elect a chair from its members.
2227          (f) The committee shall:
2228          (i) meet at least quarterly;
2229          (ii) recommend to the department medical criteria and procedures for selecting children
2230     who may qualify for assistance from the account; and
2231          (iii) review rules developed by the department.
2232          (g) A member may not receive compensation or benefits for the member's service, but
2233     may receive per diem and travel expenses in accordance with Sections 63A-3-106 and
2234     63A-3-107 and rules made by the Division of Finance, pursuant to Sections 63A-3-106 and
2235     63A-3-107.
2236          (h) The department shall provide staff to the committee.
2237          (4) (a) There is created within the General Fund a restricted account known as the
2238     "Children's Hearing Aid Program Restricted Account."
2239          (b) The Children's Hearing Aid Program Restricted Account shall consist of:
2240          (i) amounts appropriated to the account by the Legislature; and
2241          (ii) gifts, grants, devises, donations, and bequests of real property, personal property, or

2242     services, from any source, or any other conveyance that may be made to the account from
2243     private sources.
2244          (c) Upon appropriation, all actual and necessary operating expenses for the committee
2245     described in Subsection (3) shall be paid by the account.
2246          (d) Upon appropriation, no more than 9% of the account money may be used for the
2247     department's expenses.
2248          (e) If this account is repealed in accordance with Section 63I-1-226, any remaining
2249     assets in the account shall be deposited into the General Fund.
2250          (5) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2251     Administrative Rulemaking Act, to establish procedures for:
2252          (a) identifying the children who are financially eligible to receive services under the
2253     program; and
2254          (b) reviewing and paying for services provided to a child under the program.
2255          (6) The department shall, before December 1 of each year, submit a report to the
2256     Health and Human Services Interim Committee that describes the operation and
2257     accomplishments of the program.
2258          Section 25. Section 26-39-402 (Effective 07/01/18) is amended to read:
2259          26-39-402 (Effective 07/01/18). Residential child care certificate.
2260          (1) A residential child care provider of five to eight qualifying children shall obtain a
2261     Residential Child Care Certificate from the department, unless Section 26-39-403 applies.
2262          (2) The minimum qualifications for a Residential Child Care Certificate are:
2263          (a) the submission of:
2264          (i) an application in the form prescribed by the department;
2265          (ii) a certification and criminal background fee established in accordance with Section
2266     26-1-6; and
2267          (iii) in accordance with Section 26-39-404, identifying information for each adult
2268     person and each juvenile age 12 through 17 years of age who resides in the provider's home:
2269          (A) for processing by the Department of Public Safety to determine whether any such

2270     person has been convicted of a crime;
2271          (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
2272     and
2273          (C) to discover whether the person is listed in the Licensing Information System
2274     described in Section 62A-4a-1006;
2275          (b) an initial and annual inspection of the provider's home within 90 days of sending an
2276     intent to inspect notice to:
2277          (i) check the immunization record, as defined in Section [53A-11-300.5] 53G-9-301, of
2278     each qualifying child who receives child care in the provider's home;
2279          (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
2280          (iii) make appropriate recommendations; and
2281          (c) annual training consisting of 10 hours of department-approved training as specified
2282     by the department by administrative rule, including a current department-approved CPR and
2283     first aid course.
2284          (3) If a serious sanitation, fire, or health hazard has been found during an inspection
2285     conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
2286     serious hazards found and make an unannounced follow up inspection to determine
2287     compliance.
2288          (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
2289     department may inspect the home of a residential care provider of five to eight qualifying
2290     children in response to a complaint of:
2291          (a) child abuse or neglect;
2292          (b) serious health hazards in or around the provider's home; or
2293          (c) providing residential child care without the appropriate certificate or license.
2294          (5) Notwithstanding this section:
2295          (a) a license under Section 26-39-401 is required of a residential child care provider
2296     who cares for nine or more qualifying children;
2297          (b) a certified residential child care provider may not provide care to more than two

2298     qualifying children under the age of two; and
2299          (c) an inspection may be required of a residential child care provider in connection
2300     with a federal child care program.
2301          (6) With respect to residential child care, the department may only make and enforce
2302     rules necessary to implement this section.
2303          Section 26. Section 26-41-106 is amended to read:
2304          26-41-106. Immunity from liability.
2305          (1) The following, if acting in good faith, are not liable in any civil or criminal action
2306     for any act taken or not taken under the authority of this chapter with respect to an anaphylactic
2307     reaction:
2308          (a) a qualified adult;
2309          (b) a physician, pharmacist, or any other person or entity authorized to prescribe or
2310     dispense prescription drugs;
2311          (c) a person who conducts training described in Section 26-41-104; and
2312          (d) a qualified entity.
2313          (2) Section [53A-11-601] 53G-9-502 does not apply to the administration of an
2314     epinephrine auto-injector in accordance with this chapter.
2315          (3) This section does not eliminate, limit, or reduce any other immunity from liability
2316     or defense against liability that may be available under state law.
2317          Section 27. Section 30-1-9 is amended to read:
2318          30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
2319     authorization.
2320          (1) For purposes of this section, "minor" means a male or female under 18 years of age.
2321          (2) (a) If at the time of applying for a license the applicant is a minor, and not before
2322     married, a license may not be issued without the signed consent of the minor's father, mother,
2323     or guardian given in person to the clerk; however:
2324          (i) if the parents of the minor are divorced, consent shall be given by the parent having
2325     legal custody of the minor as evidenced by an oath of affirmation to the clerk;

2326          (ii) if the parents of the minor are divorced and have been awarded joint custody of the
2327     minor, consent shall be given by the parent having physical custody of the minor the majority
2328     of the time as evidenced by an oath of affirmation to the clerk; or
2329          (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
2330     consent and provide proof of guardianship by court order as well as an oath of affirmation.
2331          (b) If the male or female is 15 years of age, the minor and the parent or guardian of the
2332     minor shall obtain a written authorization to marry from:
2333          (i) a judge of the court exercising juvenile jurisdiction in the county where either party
2334     to the marriage resides; or
2335          (ii) a court commissioner as permitted by rule of the Judicial Council.
2336          (3) (a) Before issuing written authorization for a minor to marry, the judge or court
2337     commissioner shall determine:
2338          (i) that the minor is entering into the marriage voluntarily; and
2339          (ii) the marriage is in the best interests of the minor under the circumstances.
2340          (b) The judge or court commissioner shall require that both parties to the marriage
2341     complete premarital counseling. This requirement may be waived if premarital counseling is
2342     not reasonably available.
2343          (c) The judge or court commissioner may require:
2344          (i) that the person continue to attend school, unless excused under Section
2345     [53A-11-102] 53G-6-204; and
2346          (ii) any other conditions that the court deems reasonable under the circumstances.
2347          (4) The determination required in Subsection (3) shall be made on the record. Any
2348     inquiry conducted by the judge or commissioner may be conducted in chambers.
2349          Section 28. Section 32B-2-304 is amended to read:
2350          32B-2-304. Liquor price -- School lunch program -- Remittance of markup.
2351          (1) For purposes of this section:
2352          (a) (i) "Landed case cost" means:
2353          (A) the cost of the product; and

2354          (B) inbound shipping costs incurred by the department.
2355          (ii) "Landed case cost" does not include the outbound shipping cost from a warehouse
2356     of the department to a state store.
2357          (b) "Proof gallon" means the same as that term is defined in 26 U.S.C. Sec. 5002.
2358          (c) Notwithstanding Section 32B-1-102, "small brewer" means a brewer who
2359     manufactures in a calendar year less than 40,000 barrels of beer, heavy beer, and flavored malt
2360     beverage.
2361          (2) Except as provided in Subsection (3):
2362          (a) spirituous liquor sold by the department within the state shall be marked up in an
2363     amount not less than 88% above the landed case cost to the department;
2364          (b) wine sold by the department within the state shall be marked up in an amount not
2365     less than 88% above the landed case cost to the department;
2366          (c) heavy beer sold by the department within the state shall be marked up in an amount
2367     not less than 66.5% above the landed case cost to the department; and
2368          (d) a flavored malt beverage sold by the department within the state shall be marked up
2369     in an amount not less than 88% above the landed case cost to the department.
2370          (3) (a) Liquor sold by the department to a military installation in Utah shall be marked
2371     up in an amount not less than 17% above the landed case cost to the department.
2372          (b) Except for spirituous liquor sold by the department to a military installation in
2373     Utah, spirituous liquor that is sold by the department within the state shall be marked up 49%
2374     above the landed case cost to the department if:
2375          (i) the spirituous liquor is manufactured by a manufacturer producing less than 30,000
2376     proof gallons of spirituous liquor in a calendar year; and
2377          (ii) the manufacturer applies to the department for a reduced markup.
2378          (c) Except for wine sold by the department to a military installation in Utah, wine that
2379     is sold by the department within the state shall be marked up 49% above the landed case cost to
2380     the department if:
2381          (i) the wine is manufactured by a manufacturer producing less than 20,000 gallons of

2382     wine in a calendar year; and
2383          (ii) the manufacturer applies to the department for a reduced markup.
2384          (d) Except for heavy beer sold by the department to a military installation in Utah,
2385     heavy beer that is sold by the department within the state shall be marked up 32% above the
2386     landed case cost to the department if:
2387          (i) a small brewer manufactures the heavy beer; and
2388          (ii) the small brewer applies to the department for a reduced markup.
2389          (e) The department shall verify an amount described in Subsection (3)(b), (c), or (d)
2390     pursuant to a federal or other verifiable production report.
2391          (4) The department shall deposit 10% of the total gross revenue from sales of liquor
2392     with the state treasurer to be credited to the Uniform School Fund and used to support the
2393     school lunch program administered by the State Board of Education under Section
2394     [53A-19-201] 53E-3-510.
2395          (5) This section does not prohibit the department from selling discontinued items at a
2396     discount.
2397          (6) (a) Except as provided in Section [53A-13-114] 53F-9-304, the department shall
2398     collect the markup and remit the markup collected by the department under this section:
2399          (i) to the State Tax Commission monthly on or before the last day of the month
2400     immediately following the last day of the previous month; and
2401          (ii) using a form prescribed by the State Tax Commission.
2402          (b) For liquor provided to a package agency on consignment, the department shall
2403     remit the markup to the State Tax Commission for the month during which the liquor is
2404     provided to the package agency regardless of when the package agency pays the department for
2405     the liquor provided to the package agency.
2406          (c) The State Tax Commission shall deposit revenues remitted to it under Subsection
2407     (6)(a) into the Markup Holding Fund created in Section 32B-2-301.
2408          (d) The assessment, collection, and refund of a markup under this section shall be in
2409     accordance with Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act.

2410          (e) The department, if it fails to comply with this Subsection (6), is subject to penalties
2411     as provided in Section 59-1-401 and interest as provided in Section 59-1-402.
2412          (f) The State Tax Commission may make rules, in accordance with Title 63G, Chapter
2413     3, Utah Administrative Rulemaking Act, to establish procedures under this Subsection (6).
2414          Section 29. Section 34A-2-104.5 is amended to read:
2415          34A-2-104.5. Nongovernment entity volunteers.
2416          (1) As used in this section:
2417          (a) (i) "Intern" means a student or trainee who works without pay at a trade or
2418     occupation in order to gain work experience.
2419          (ii) Notwithstanding Subsection (1)(a)(i), "intern" does not include an intern described
2420     in Section [53A-29-103] 53G-7-903 or 53B-16-403.
2421          (b) "Nongovernment entity" means an entity or individual that:
2422          (i) is an employer as provided in Section 34A-2-103; and
2423          (ii) is not a government entity.
2424          (c) "Utah minimum wage" means the highest wage designated as Utah's minimum
2425     wage under Title 34, Chapter 40, Utah Minimum Wage Act.
2426          (d) (i) "Volunteer" means an individual who donates service without pay or other
2427     compensation except expenses actually and reasonably incurred as approved by the supervising
2428     nongovernment entity.
2429          (ii) "Volunteer" includes an intern of a nongovernment entity.
2430          (iii) "Volunteer" does not include an individual participating in human subjects
2431     research to the extent that the participation is governed by federal law or regulation inconsistent
2432     with this chapter.
2433          (2) A volunteer for a nongovernment entity is not an employee of the nongovernment
2434     entity for purposes of this chapter and Chapter 3, Utah Occupational Disease Act, unless the
2435     nongovernment entity elects in accordance with this section to provide coverage under this
2436     chapter and Chapter 3, Utah Occupational Disease Act.
2437          (3) (a) A nongovernment entity may elect to secure coverage for all of the

2438     nongovernment entity's volunteers by obtaining coverage for the volunteers in accordance with
2439     Section 34A-2-201 under the same policy it uses to cover the nongovernment entity's
2440     employees.
2441          (b) If a nongovernment entity obtains coverage under Section 34A-2-201 for the
2442     nongovernment entity's volunteers, for purposes of receiving benefits under this chapter and
2443     Chapter 3, Utah Occupational Disease Act:
2444          (i) a volunteer is considered an employee of the nongovernment entity; and
2445          (ii) these benefits are the exclusive remedy of the volunteer in accordance with Section
2446     34A-2-105 for an industrial injury or disease covered by this chapter and Chapter 3, Utah
2447     Occupational Disease Act.
2448          (4) A nongovernment entity shall keep sufficient records of the nongovernment entity's
2449     volunteers and the volunteers' duties to determine compliance with this section.
2450          (5) To compute the disability compensation benefits under Subsection (3), the
2451     disability compensation shall be calculated in accordance with Part 4, Compensation and
2452     Benefits, with the average weekly wage of the nongovernment volunteer assumed to be the
2453     Utah minimum wage at the time of the industrial accident or occupational disease that is the
2454     basis for the volunteer's workers' compensation claim.
2455          (6) A workers' compensation insurer shall calculate the premium for a nongovernment
2456     entity's volunteer on the basis of the Utah minimum wage on the actual hours the volunteer
2457     provides service to the nongovernment entity, except that a workers' compensation insurer may
2458     assume 30 hours worked per week if the nongovernment entity does not provide a record of
2459     actual hours worked. The imputed wages shall be assigned to the class code on the policy that
2460     best describes the volunteer's duties.
2461          (7) The failure or refusal of a nongovernment entity to make an election under this
2462     section in regard to volunteers does not alter, have an effect on, or give rise to any implication
2463     or presumption regarding:
2464          (a) the nongovernment entity's duties or liabilities with respect to volunteers; or
2465          (b) the rights of volunteers.

2466          (8) Subject to Subsection (3)(b)(ii), nothing in this section affects a volunteer's right to
2467     seek remedies available to the volunteer through a personal insurance policy that the volunteer
2468     obtains for the volunteer in addition to any workers' compensation benefits obtained under this
2469     section.
2470          (9) A nongovernment entity shall notify a volunteer of an election under Subsection
2471     (3)(a) by posting:
2472          (a) printed notices where volunteers are likely to see the notices in conspicuous places
2473     about the nongovernment entity's place of business; and
2474          (b) notices on a website that the nongovernment entity uses to recruit or provide
2475     information to volunteers.
2476          Section 30. Section 35A-1-102 is amended to read:
2477          35A-1-102. Definitions.
2478          Unless otherwise specified, as used in this title:
2479          (1) "Client" means an individual who the department has determined to be eligible for
2480     services or benefits under:
2481          (a) Chapter 3, Employment Support Act; and
2482          (b) Chapter 5, Training and Workforce Improvement Act.
2483          (2) "Department" means the Department of Workforce Services created in Section
2484     35A-1-103.
2485          (3) "Economic service area" means an economic service area established in accordance
2486     with Chapter 2, Economic Service Areas.
2487          (4) "Employment assistance" means services or benefits provided by the department
2488     under:
2489          (a) Chapter 3, Employment Support Act; and
2490          (b) Chapter 5, Training and Workforce Improvement Act.
2491          (5) "Employment center" is a location in an economic service area where the services
2492     provided by an economic service area under Section 35A-2-201 may be accessed by a client.
2493          (6) "Employment counselor" means an individual responsible for developing an

2494     employment plan and coordinating the services and benefits under this title in accordance with
2495     Chapter 2, Economic Service Areas.
2496          (7) "Employment plan" means a written agreement between the department and a client
2497     that describes:
2498          (a) the relationship between the department and the client;
2499          (b) the obligations of the department and the client; and
2500          (c) the result if an obligation is not fulfilled by the department or the client.
2501          (8) "Executive director" means the executive director of the department appointed
2502     under Section 35A-1-201.
2503          (9) "Government entity" means the state or any county, municipality, local district,
2504     special service district, or other political subdivision or administrative unit of the state, a state
2505     institution of higher education as defined in Section 53B-2-101, or a local education agency as
2506     defined in Section [53A-30-102] 53G-7-401.
2507          (10) "Public assistance" means:
2508          (a) services or benefits provided under Chapter 3, Employment Support Act;
2509          (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
2510          (c) foster care maintenance payments provided from the General Fund or under Title
2511     IV-E of the Social Security Act;
2512          (d) SNAP benefits; and
2513          (e) any other public funds expended for the benefit of a person in need of financial,
2514     medical, food, housing, or related assistance.
2515          (11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
2516     Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
2517     federal Food Stamp Program.
2518          (12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
2519     privilege available under SNAP.
2520          (13) "Stabilization" means addressing the basic living, family care, and social or
2521     psychological needs of the client so that the client may take advantage of training or

2522     employment opportunities provided under this title or through other agencies or institutions.
2523          Section 31. Section 35A-3-304 is amended to read:
2524          35A-3-304. Assessment -- Participation requirements and limitations --
2525     Employment plan -- Mentors.
2526          (1) (a) Within 30 business days of the date of enrollment, the department shall provide
2527     that a parent recipient:
2528          (i) is assigned an employment counselor; and
2529          (ii) completes an assessment provided by the department regarding the parent
2530     recipient's:
2531          (A) prior work experience;
2532          (B) ability to become employable; and
2533          (C) skills.
2534          (b) The assessment provided under Subsection (1)(a)(ii) shall include a survey to be
2535     completed by the parent recipient with the assistance of the department.
2536          (2) (a) Within 15 business days of a parent recipient completing an assessment:
2537          (i) the department and the parent recipient shall enter into an employment plan; and
2538          (ii) the parent recipient shall complete a written questionnaire, provided by the
2539     department, designed to accurately determine the likelihood of the parent recipient having a
2540     substance use disorder involving the misuse of a controlled substance.
2541          (b) The employment plan shall have a target date for entry into employment.
2542          (c) The department shall provide a copy of the employment plan to the parent recipient.
2543          (d) For the parent recipient, the employment plan may include:
2544          (i) job searching requirements;
2545          (ii) if the parent recipient does not have a high school diploma, participation in an
2546     educational program to obtain a high school diploma, or its equivalent;
2547          (iii) education or training necessary to obtain employment;
2548          (iv) a combination of work and education or training; and
2549          (v) assisting the Office of Recovery Services in good faith to:

2550          (A) establish the paternity of a minor child; and
2551          (B) establish or enforce a child support order.
2552          (e) If the parent recipient tests positive for the unlawful use of a controlled substance
2553     after taking a drug test under Section 35A-3-304.5, the employment plan shall include an
2554     agreement by the parent recipient to:
2555          (i) participate in treatment for a substance use disorder; and
2556          (ii) meet the other requirements of Section 35A-3-304.5.
2557          (f) The department's responsibilities under the employment plan may include:
2558          (i) providing cash and other types of public and employment assistance, including child
2559     care;
2560          (ii) assisting the parent recipient to obtain education or training necessary for
2561     employment;
2562          (iii) assisting the parent recipient to set up and follow a household budget; and
2563          (iv) assisting the parent recipient to obtain employment.
2564          (g) The department may amend the employment plan to reflect new information or
2565     changed circumstances.
2566          (h) If immediate employment is an activity in the employment plan, the parent recipient
2567     shall:
2568          (i) promptly commence a search for employment for a specified number of hours each
2569     week; and
2570          (ii) regularly submit a report to the department on:
2571          (A) how time was spent in search for a job;
2572          (B) the number of job applications completed;
2573          (C) the interviews attended;
2574          (D) the offers of employment extended; and
2575          (E) other related information required by the department.
2576          (i) (i) If full-time education or training to secure employment is an activity in an
2577     employment plan, the parent recipient shall promptly undertake a full-time education or

2578     training program.
2579          (ii) The employment plan may describe courses, education or training goals, and
2580     classroom hours.
2581          (j) (i) The department may only provide cash assistance under this part if the parent
2582     recipient agrees in writing to make a good faith effort to comply with the parent recipient's
2583     employment plan.
2584          (ii) The department shall establish a process to reconcile disputes between a parent
2585     recipient and the department as to whether:
2586          (A) the parent recipient has made a good faith effort to comply with the employment
2587     plan; or
2588          (B) the department has complied with the employment plan.
2589          (iii) If a parent recipient consistently fails to show good faith in complying with the
2590     employment plan, the department may seek to terminate all or part of the cash assistance
2591     services provided under this part.
2592          (3) The department may only provide cash assistance on behalf of a minor child under
2593     this part if the minor child is:
2594          (a) enrolled in and attending school in compliance with Sections [53A-11-101.5]
2595     53G-6-202 and [53A-11-101.7] 53G-6-203; or
2596          (b) exempt from school attendance under Section [53A-11-102] 53G-6-204.
2597          (4) This section does not apply to a person who has received diversion assistance under
2598     Section 35A-3-303.
2599          (5) (a) The department may recruit and train volunteers to serve as mentors for parent
2600     recipients.
2601          (b) A mentor may advocate on behalf of a parent recipient and help a parent recipient:
2602          (i) develop life skills;
2603          (ii) implement an employment plan; or
2604          (iii) obtain services and support from:
2605          (A) the volunteer mentor;

2606          (B) the department; or
2607          (C) civic organizations.
2608          Section 32. Section 35A-9-401 is amended to read:
2609          35A-9-401. Eligibility determination -- Awarding of scholarship.
2610          (1) As used in this section:
2611          (a) "Eligible child" means an individual who:
2612          (i) is experiencing intergenerational poverty;
2613          (ii) will be four years of age on or before September 2 of the school year in which the
2614     individual intends to enroll in a school readiness program; and
2615          (iii) has not enrolled in kindergarten, as reported by the individual's parent or legal
2616     guardian.
2617          (b) "Intergenerational poverty" means the same as that term is defined in Section
2618     35A-9-102.
2619          (c) "Intergenerational poverty scholarship" or "IGP scholarship" means the same as that
2620     term is defined in Section [53A-1b-202] 53F-5-301.
2621          (2) The department shall determine if an applicant for an IGP scholarship is eligible for
2622     the Intergenerational Poverty School Readiness Scholarship Program, created in Section
2623     [53A-1b-206] 53F-5-305.
2624          (3) An individual may apply to the department annually to qualify for a scholarship for
2625     an eligible child to attend a high quality school readiness program.
2626          (4) (a) The department shall create an application form that requires an applicant to
2627     provide the information necessary for the department to make the eligibility determination
2628     described in Subsection (5).
2629          (b) The department may:
2630          (i) require an applicant to submit supporting documentation; and
2631          (ii) create a deadline for an applicant to apply for an IGP scholarship.
2632          (5) The department shall determine if:
2633          (a) the information contained in an application submitted under Subsection (3) is

2634     accurate and complete; and
2635          (b) the child for whom the applicant is applying for an IGP scholarship is an eligible
2636     child.
2637          (6) (a) Except as provided in Subsection (6)(b), and subject to legislative
2638     appropriations, the department shall:
2639          (i) award an IGP scholarship for an individual who is determined to be an eligible child
2640     under Subsection (5); and
2641          (ii) with input from the State Board of Education, determine the value of an IGP
2642     scholarship.
2643          (b) If the department receives an appropriation for IGP scholarships that is not
2644     sufficient to award a scholarship to each eligible child, the department shall prioritize awarding
2645     IGP scholarships to eligible children who are at the highest risk as determined by the
2646     department.
2647          (7) The department shall coordinate with the State Board of Education, as necessary, to
2648     enroll a recipient of an IGP scholarship in a high quality school readiness program of the
2649     recipient's parent's choice, space permitting, as described in Section [53A-1b-206] 53F-5-305.
2650          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2651     department shall make rules to administer this section.
2652          Section 33. Section 35A-13-403 is amended to read:
2653          35A-13-403. Services provided by the division.
2654          The division may:
2655          (1) provide:
2656          (a) a business enterprise program;
2657          (b) workshops, employment, and training; and
2658          (c) vocational rehabilitation, training and adjustment, sight conservation, prevention of
2659     blindness, low vision lenses, and recreational services;
2660          (2) assist public education officials in the discharge of their duties towards children
2661     who are blind or have visual impairments, and perform services related to vision screening

2662     under Section [53A-11-203] 53G-9-404;
2663          (3) maintain a register of individuals who are blind or have visual impairments,
2664     including such facts as the office considers necessary for proper planning, administration, and
2665     operations, but protecting against unwarranted invasions of privacy;
2666          (4) establish and operate community service centers, rehabilitation facilities, and
2667     workshops; and
2668          (5) perform other duties assigned by the director or the executive director.
2669          Section 34. Section 36-22-2 is amended to read:
2670          36-22-2. Duties.
2671          (1) The committee shall:
2672          (a) serve as a liaison between Utah Native American tribes and the Legislature;
2673          (b) recommend legislation for each annual general session of the Legislature if the
2674     committee determines that modifications to current law are in the best interest of the state of
2675     Utah and of the Utah Native American tribes;
2676          (c) review the operations of the Division of Indian Affairs and other state agencies
2677     working with Utah Native American tribes;
2678          (d) help sponsor meetings and other opportunities for discussion with and between
2679     Native Americans; and
2680          (e) hold a meeting at which public education is discussed as required by Section
2681     [53A-31-405] 53F-5-604.
2682          (2) In conducting its business, the committee shall comply with the rules of legislative
2683     interim committees.
2684          Section 35. Section 41-1a-422 is amended to read:
2685          41-1a-422. Support special group license plates -- Contributor -- Voluntary
2686     contribution collection procedures.
2687          (1) As used in this section:
2688          (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
2689     has donated or in whose name at least $25 has been donated to:

2690          (A) a scholastic scholarship fund of a single named institution;
2691          (B) the Department of Veterans' and Military Affairs for veterans' programs;
2692          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
2693     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
2694     access, and management of wildlife habitat;
2695          (D) the Department of Agriculture and Food for the benefit of conservation districts;
2696          (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
2697          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
2698     the donation evenly divided between the two;
2699          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
2700     council as specified by the contributor;
2701          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
2702     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
2703          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
2704     development programs;
2705          (J) the Utah Association of Public School Foundations to support public education;
2706          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
2707     assist people who have severe housing needs;
2708          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
2709     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
2710     Safety employees;
2711          (M) the Division of Parks and Recreation for distribution to organizations that provide
2712     support for Zion National Park;
2713          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
2714     firefighter organizations;
2715          (O) the Share the Road Bicycle Support Restricted Account created in Section
2716     72-2-127 to support bicycle operation and safety awareness programs;
2717          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support

2718     cancer research programs;
2719          (Q) Autism Awareness Restricted Account created in Section [53A-1-304] 53F-9-401
2720     to support autism awareness programs;
2721          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
2722     created in Section 9-17-102 to support humanitarian service and educational and cultural
2723     programs;
2724          (S) Prostate Cancer Support Restricted Account created in Section 26-21a-303 for
2725     programs that conduct or support prostate cancer awareness, screening, detection, or prevention
2726     until September 30, 2017, and beginning on October 1, 2017, upon renewal of a prostate cancer
2727     support special group license plate, to the Cancer Research Restricted Account created in
2728     Section 26-21a-302 to support cancer research programs;
2729          (T) the Choose Life Adoption Support Restricted Account created in Section
2730     62A-4a-608 to support programs that promote adoption;
2731          (U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2732     Section 9-18-102;
2733          (V) the National Professional Men's Basketball Team Support of Women and Children
2734     Issues Restricted Account created in Section 62A-1-202;
2735          (W) the Utah Law Enforcement Memorial Support Restricted Account created in
2736     Section 53-1-120;
2737          (X) the Children with Cancer Support Restricted Account created in Section
2738     26-21a-304 for programs that provide assistance to children with cancer;
2739          (Y) the National Professional Men's Soccer Team Support of Building Communities
2740     Restricted Account created in Section 9-19-102;
2741          (Z) the Children with Heart Disease Support Restricted Account created in Section
2742     26-58-102;
2743          (AA) the Utah Intracurricular Student Organization Support for Agricultural Education
2744     and Leadership Restricted Account created in Section 4-42-102; or
2745          (BB) the Division of Wildlife Resources for the Support for State-Owned Shooting

2746     Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
2747     operation and maintenance of existing, state-owned firearm shooting ranges.
2748          (ii) (A) For a veterans' special group license plate, "contributor" means a person who
2749     has donated or in whose name at least a $25 donation at the time of application and $10 annual
2750     donation thereafter has been made.
2751          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
2752     person who:
2753          (I) has donated or in whose name at least $30 has been donated at the time of
2754     application and annually after the time of application; and
2755          (II) is a member of a trade organization for real estate licensees that has more than
2756     15,000 Utah members.
2757          (C) For an Honoring Heroes special group license plate, "contributor" means a person
2758     who has donated or in whose name at least $35 has been donated at the time of application and
2759     annually thereafter.
2760          (D) For a firefighter support special group license plate, "contributor" means a person
2761     who:
2762          (I) has donated or in whose name at least $15 has been donated at the time of
2763     application and annually after the time of application; and
2764          (II) is a currently employed, volunteer, or retired firefighter.
2765          (E) For a cancer research special group license plate, "contributor" means a person who
2766     has donated or in whose name at least $35 has been donated at the time of application and
2767     annually after the time of application.
2768          (F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
2769     "contributor" means a person who has donated or in whose name at least $35 has been donated
2770     at the time of application and annually thereafter.
2771          (G) For a Utah Law Enforcement Memorial Support special group license plate,
2772     "contributor" means a person who has donated or in whose name at least $35 has been donated
2773     at the time of application and annually thereafter.

2774          (b) "Institution" means a state institution of higher education as defined under Section
2775     53B-3-102 or a private institution of higher education in the state accredited by a regional or
2776     national accrediting agency recognized by the United States Department of Education.
2777          (2) (a) An applicant for original or renewal collegiate special group license plates under
2778     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
2779     present the original contribution verification form under Subsection (2)(b) or make a
2780     contribution to the division at the time of application under Subsection (3).
2781          (b) An institution with a support special group license plate shall issue to a contributor
2782     a verification form designed by the commission containing:
2783          (i) the name of the contributor;
2784          (ii) the institution to which a donation was made;
2785          (iii) the date of the donation; and
2786          (iv) an attestation that the donation was for a scholastic scholarship.
2787          (c) The state auditor may audit each institution to verify that the money collected by the
2788     institutions from contributors is used for scholastic scholarships.
2789          (d) After an applicant has been issued collegiate license plates or renewal decals, the
2790     commission shall charge the institution whose plate was issued, a fee determined in accordance
2791     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
2792     renewing the collegiate license plates.
2793          (e) If the contribution is made at the time of application, the contribution shall be
2794     collected, treated, and deposited as provided under Subsection (3).
2795          (3) (a) An applicant for original or renewal support special group license plates under
2796     this section must be a contributor to the sponsoring organization associated with the license
2797     plate.
2798          (b) This contribution shall be:
2799          (i) unless collected by the named institution under Subsection (2), collected by the
2800     division;
2801          (ii) considered a voluntary contribution for the funding of the activities specified under

2802     this section and not a motor vehicle registration fee;
2803          (iii) deposited into the appropriate account less actual administrative costs associated
2804     with issuing the license plates; and
2805          (iv) for a firefighter special group license plate, deposited into the appropriate account
2806     less:
2807          (A) the costs of reordering firefighter special group license plate decals; and
2808          (B) the costs of replacing recognition special group license plates with new license
2809     plates under Subsection 41-1a-1211(13).
2810          (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
2811     registration or renewal of registration.
2812          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
2813     the division when issuing original:
2814          (i) snowmobile license plates; or
2815          (ii) conservation license plates.
2816          (4) Veterans' license plates shall display one of the symbols representing the Army,
2817     Navy, Air Force, Marines, Coast Guard, or American Legion.
2818          Section 36. Section 41-6a-303 is amended to read:
2819          41-6a-303. Definition of reduced speed school zone -- Operation of warning lights
2820     -- School crossing guard requirements -- Responsibility provisions -- Rulemaking
2821     authority.
2822          (1) As used in this section "reduced speed school zone" means a designated length of a
2823     highway extending from a school zone speed limit sign with warning lights operating to an end
2824     school zone sign.
2825          (2) The Department of Transportation for state highways and local highway authorities
2826     for highways under their jurisdiction:
2827          (a) shall establish reduced speed school zones at elementary schools after written
2828     assurance by a local highway authority that the local highway authority complies with
2829     Subsections (3) and (4); and

2830          (b) may establish reduced speed school zones for secondary schools at the request of
2831     the local highway authority.
2832          (3) For all reduced speed school zones on highways, including state highways within
2833     the jurisdictional boundaries of a local highway authority, the local highway authority shall:
2834          (a) (i) provide shuttle service across highways for school children; or
2835          (ii) provide, train, and supervise school crossing guards in accordance with this
2836     section;
2837          (b) provide for the:
2838          (i) operation of reduced speed school zones, including providing power to warning
2839     lights and turning on and off the warning lights as required under Subsections (4) and (5); and
2840          (ii) maintenance of reduced speed school zones except on state highways as provided
2841     in Section 41-6a-302; and
2842          (c) notify the Department of Transportation of reduced speed school zones on state
2843     highways that are in need of maintenance.
2844          (4) While children are going to or leaving school during opening and closing hours all
2845     reduced speed school zones shall have:
2846          (a) the warning lights operating on each school zone speed limit sign; and
2847          (b) a school crossing guard present if the reduced speed school zone is for an
2848     elementary school.
2849          (5) The warning lights on a school zone speed limit sign may not be operating except
2850     as provided under Subsection (4).
2851          (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2852     the Department of Transportation shall make rules establishing criteria and specifications for
2853     the:
2854          (i) establishment, location, and operation of school crosswalks, school zones, and
2855     reduced speed school zones;
2856          (ii) training, use, and supervision of school crossing guards at elementary schools and
2857     secondary schools; and

2858          (iii) content and implementation of child access routing plans under Section
2859     [53A-3-402] 53G-4-402.
2860          (b) If a school crosswalk is established at a signalized intersection in accordance with
2861     the requirements of this section, a local highway authority may reduce the speed limit at the
2862     signalized intersection to 20 miles per hour for a highway under its jurisdiction.
2863          (7) Each local highway authority shall pay for providing, training, and supervising
2864     school crossing guards in accordance with this section.
2865          Section 37. Section 41-6a-1307 is amended to read:
2866          41-6a-1307. School bus parking zones -- Establishment -- Uniform markings --
2867     Penalty.
2868          (1) As used in this section, "school bus parking zone" means a parking space that is
2869     clearly identified as reserved for use by a school bus.
2870          (2) A highway authority for highways under its jurisdiction and school boards for
2871     roadways located on school property may establish and locate school bus parking zones in
2872     accordance with specifications established under Subsection (3).
2873          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2874     Department of Transportation, after consultation with local highway authorities and school
2875     boards which may include input from school traffic safety committees established under
2876     Section [53A-3-402] 53G-4-402, shall make rules establishing specifications for uniform
2877     signage or markings to clearly identify school bus parking zones.
2878          (4) A person may not stop, stand, or park a vehicle other than a school bus, whether
2879     occupied or not, in a clearly identified school bus parking zone.
2880          (5) (a) A violation of Subsection (4) is an infraction.
2881          (b) A person who violates Subsection (4) shall pay a minimum fine of $75.
2882          Section 38. Section 41-6a-1309 is amended to read:
2883          41-6a-1309. Advertising on a school bus.
2884          (1) A local school board or charter school governing board may sell advertising space
2885     on the exterior of a school bus in accordance with this section.

2886          (2) (a) A local school board or charter school governing board that sells advertising
2887     space on the exterior of a school bus shall adopt guidelines for the type of advertising that will
2888     be permitted.
2889          (b) Advertising on a school bus:
2890          (i) shall be age appropriate;
2891          (ii) shall be consistent with the instructional requirements of Section [53A-13-101]
2892     53G-10-402;
2893          (iii) may not contain:
2894          (A) promotion of any substance or activity that is illegal for minors, such as alcohol,
2895     tobacco, drugs, or gambling;
2896          (B) promotion of any political party, candidate, or issue; or
2897          (C) sexual material; and
2898          (iv) may not resemble a traffic-control device as defined in Section 41-6a-102.
2899          (3) (a) The Department of Transportation shall make and enforce rules pursuant to
2900     Section 41-6a-1304 governing the placement and size of an advertisement on a school bus.
2901          (b) Rules made under Subsection (3)(a) shall:
2902          (i) prohibit the placement of an advertisement on the back or the front of a school bus;
2903     and
2904          (ii) limit the size of an advertisement to no more than 35% of the area of the side of a
2905     school bus.
2906          (4) (a) A school bus advertisement shall be painted or affixed by decal on a school bus
2907     in a manner that complies with rules adopted under Subsection (3).
2908          (b) A commercial advertiser that contracts with a school district for the use of space for
2909     an advertisement shall pay:
2910          (i) the cost of placing the advertisement on a school bus; and
2911          (ii) for the removal of the advertisement after the term of the contract has expired.
2912          (5) A school district or charter school shall use revenue from the sale of advertising
2913     space on a school bus for expenditures made within accounting function classification 2700,

2914     School Transportation Services, of the Financial Accounting for Local and State School
2915     Systems guidelines developed by the National Center for Education Statistics.
2916          Section 39. Section 49-12-102 is amended to read:
2917          49-12-102. Definitions.
2918          As used in this chapter:
2919          (1) "Benefits normally provided":
2920          (a) means a benefit offered by an employer, including:
2921          (i) a leave benefit of any kind;
2922          (ii) insurance coverage of any kind if the employer pays some or all of the premium for
2923     the coverage;
2924          (iii) employer contributions to a health savings account, health reimbursement account,
2925     health reimbursement arrangement, or medical expense reimbursement plan; and
2926          (iv) a retirement benefit of any kind if the employer pays some or all of the cost of the
2927     benefit; and
2928          (b) does not include:
2929          (i) a payment for social security;
2930          (ii) workers' compensation insurance;
2931          (iii) unemployment insurance;
2932          (iv) a payment for Medicare;
2933          (v) a payment or insurance required by federal or state law that is similar to a payment
2934     or insurance listed in Subsection (1)(b)(i), (ii), (iii), or (iv);
2935          (vi) any other benefit that state or federal law requires an employer to provide an
2936     employee who would not otherwise be eligible to receive the benefit; or
2937          (vii) any benefit that an employer provides an employee in order to avoid a penalty or
2938     tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 and the Health
2939     Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, and related federal
2940     regulations, including a penalty imposed by Internal Revenue Code, Section 4980H.
2941          (2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total

2942     amount of payments made by a participating employer to a member of this system for services
2943     rendered to the participating employer, including:
2944          (i) bonuses;
2945          (ii) cost-of-living adjustments;
2946          (iii) other payments currently includable in gross income and that are subject to social
2947     security deductions, including any payments in excess of the maximum amount subject to
2948     deduction under social security law;
2949          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
2950     or other benefits authorized by federal law; and
2951          (v) member contributions.
2952          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
2953     under Internal Revenue Code, Section 401(a)(17).
2954          (c) "Compensation" does not include:
2955          (i) the monetary value of remuneration paid in kind, including a residence or use of
2956     equipment;
2957          (ii) the cost of any employment benefits paid for by the participating employer;
2958          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
2959     otherwise ineligible for service credit;
2960          (iv) any payments upon termination, including accumulated vacation, sick leave
2961     payments, severance payments, compensatory time payments, or any other special payments;
2962          (v) any allowances or payments to a member for costs or expenses paid by the
2963     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
2964     housing costs, insurance costs, equipment costs, and dependent care costs; or
2965          (vi) a teacher salary bonus described in Section [53A-17a-173] 53F-2-513.
2966          (d) The executive director may determine if a payment not listed under this Subsection
2967     (2) falls within the definition of compensation.
2968          (3) "Final average salary" means the amount calculated by averaging the highest five
2969     years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), (d),

2970     and (e).
2971          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
2972     compensation in any one of the years used may not exceed the previous year's compensation by
2973     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
2974     of the dollar during the previous year, as measured by a United States Bureau of Labor
2975     Statistics Consumer Price Index average as determined by the board.
2976          (b) In cases where the participating employer provides acceptable documentation to the
2977     office, the limitation in Subsection (3)(a) may be exceeded if:
2978          (i) the member has transferred from another agency; or
2979          (ii) the member has been promoted to a new position.
2980          (c) If the member retires more than six months from the date of termination of
2981     employment, the member is considered to have been in service at the member's last rate of pay
2982     from the date of the termination of employment to the effective date of retirement for purposes
2983     of computing the member's final average salary only.
2984          (d) If the member has less than five years of service credit in this system, final average
2985     salary means the average annual compensation paid to the member during the full period of
2986     service credit.
2987          (e) The annual compensation used to calculate final average salary shall be based on:
2988          (i) a calendar year for a member employed by a participating employer that is not an
2989     educational institution; or
2990          (ii) a contract year for a member employed by an educational institution.
2991          (4) "Participating employer" means an employer which meets the participation
2992     requirements of Sections 49-12-201 and 49-12-202.
2993          (5) (a) "Regular full-time employee" means an employee whose term of employment
2994     for a participating employer contemplates continued employment during a fiscal or calendar
2995     year and whose employment normally requires an average of 20 hours or more per week,
2996     except as modified by the board, and who receives benefits normally provided by the
2997     participating employer.

2998          (b) "Regular full-time employee" includes:
2999          (i) a teacher whose term of employment for a participating employer contemplates
3000     continued employment during a school year and who teaches half-time or more;
3001          (ii) a classified school employee:
3002          (A) who is hired before July 1, 2013; and
3003          (B) whose employment normally requires an average of 20 hours per week or more for
3004     a participating employer, regardless of benefits provided;
3005          (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
3006     of January 1, 1990, as provided in Section 49-12-407;
3007          (iv) a faculty member or employee of an institution of higher education who is
3008     considered full-time by that institution of higher education; and
3009          (v) an individual who otherwise meets the definition of this Subsection (5) who
3010     performs services for a participating employer through a professional employer organization or
3011     similar arrangement.
3012          (c) "Regular full-time employee" does not include a classified school employee:
3013          (i) (A) who is hired on or after July 1, 2013; and
3014          (B) who does not receive benefits normally provided by the participating employer
3015     even if the employment normally requires an average of 20 hours per week or more for a
3016     participating employer;
3017          (ii) (A) who is hired before July 1, 2013;
3018          (B) who did not qualify as a regular full-time employee before July 1, 2013;
3019          (C) who does not receive benefits normally provided by the participating employer;
3020     and
3021          (D) whose employment hours are increased on or after July 1, 2013, to require an
3022     average of 20 hours per week or more for a participating employer; or
3023          (iii) who is a person working on a contract:
3024          (A) for the purposes of vocational rehabilitation and the employment and training of
3025     people with significant disabilities; and

3026          (B) that has been set aside from procurement requirements by the state pursuant to
3027     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
3028          (6) "System" means the Public Employees' Contributory Retirement System created
3029     under this chapter.
3030          (7) "Years of service credit" means:
3031          (a) a period consisting of 12 full months as determined by the board;
3032          (b) a period determined by the board, whether consecutive or not, during which a
3033     regular full-time employee performed services for a participating employer, including any time
3034     the regular full-time employee was absent on a paid leave of absence granted by a participating
3035     employer or was absent in the service of the United States government on military duty as
3036     provided by this chapter; or
3037          (c) the regular school year consisting of not less than eight months of full-time service
3038     for a regular full-time employee of an educational institution.
3039          Section 40. Section 49-12-202 is amended to read:
3040          49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission
3041     requirements -- Exceptions -- Nondiscrimination requirements.
3042          (1) (a) Unless excluded under Subsection (2), an employer is a participating employer
3043     and may not withdraw from participation in this system.
3044          (b) In addition to their participation in this system, participating employers may
3045     provide or participate in public or private retirement, supplemental or defined contribution
3046     plan, either directly or indirectly, for their employees.
3047          (2) The following employers may be excluded from participation in this system:
3048          (a) an employer not initially admitted or included as a participating employer in this
3049     system prior to January 1, 1982 if:
3050          (i) the employer elects not to provide or participate in any type of private or public
3051     retirement, supplemental or defined contribution plan, either directly or indirectly, for its
3052     employees, except for Social Security; or
3053          (ii) the employer offers another collectively bargained retirement benefit and has

3054     continued to do so on an uninterrupted basis since that date;
3055          (b) an employer that is a charter school authorized under [Title 53A, Chapter 1a, Part 5,
3056     The Utah Charter Schools Act] Title 53G, Chapter 5, Part 3, Charter School Authorization, and
3057     does not elect to participate in accordance with Section [53A-1a-512] 53G-5-407;
3058          (c) an employer that is a hospital created as a special service district under Title 17D,
3059     Chapter 1, Special Service District Act, that makes an election of nonparticipation in
3060     accordance with Subsection (4); or
3061          (d) an employer that is licensed as a nursing care facility under Title 26, Chapter 21,
3062     Health Care Facility Licensing and Inspection Act, and created as a special service district
3063     under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state that makes
3064     an election of nonparticipation in accordance with Subsection (4).
3065          (3) An employer who did not become a participating employer in this system prior to
3066     July 1, 1986, may not participate in this system.
3067          (4) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
3068     district under Title 17D, Chapter 1, Special Service District Act, may make an election of
3069     nonparticipation as an employer for retirement programs under this chapter.
3070          (ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
3071     Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and created as a
3072     special service district under Title 17D, Chapter 1, Special Service District Act, in a rural area
3073     of the state may make an election of nonparticipation as an employer for retirement programs
3074     under this chapter.
3075          (b) An election provided under Subsection (4)(a):
3076          (i) is a one-time election made no later than the time specified under Subsection (4)(a);
3077          (ii) shall be documented by a resolution adopted by the governing body of the special
3078     service district;
3079          (iii) is irrevocable; and
3080          (iv) applies to the special service district as the employer and to all employees of the
3081     special service district.

3082          (c) The governing body of the special service district may offer employee benefit plans
3083     for its employees:
3084          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
3085     or
3086          (ii) under any other program.
3087          (5) (a) If a participating employer purchases service credit on behalf of regular
3088     full-time employees for service rendered prior to the participating employer's admission to this
3089     system, the service credit shall be purchased in a nondiscriminatory manner on behalf of all
3090     current and former regular full-time employees who were eligible for service credit at the time
3091     service was rendered.
3092          (b) For a purchase made under this Subsection (5), an employee is not required to:
3093          (i) have at least four years of service credit before the purchase can be made; or
3094          (ii) forfeit service credit or any defined contribution balance based on the employer
3095     contributions under any other retirement system or plan based on the period of employment for
3096     which service credit is being purchased.
3097          Section 41. Section 49-12-701 is amended to read:
3098          49-12-701. Early retirement incentive -- Eligibility -- Calculation of benefit --
3099     Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
3100     reemployment.
3101          (1) Any member of this system may retire and receive the allowance allowed under
3102     Subsection (2) if the member meets the following requirements as of the member's retirement
3103     date:
3104          (a) the member is eligible for retirement under Section 49-12-401, or has 25 years of
3105     service credit;
3106          (b) the member elects to forfeit any stipend for retirement offered by the participating
3107     employer; and
3108          (c) the member elects to retire from this system by applying for retirement by the date
3109     established under Subsection (3)(a) or (3)(b).

3110          (2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
3111     final average salary for all years of service credit.
3112          (b) An actuarial reduction may not be applied to the allowance granted under this
3113     section.
3114          (3) In order to receive the allowance allowed by this section, a member shall submit an
3115     application to the office as follows:
3116          (a) (i) For state and school employees under Level A, the application shall be filed by
3117     May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
3118     day of July, August, or September, 1987.
3119          (ii) If a Level A member elects to retire, the executive director or participating
3120     employer may request the member to delay the retirement date until a later date, but no later
3121     than June 30, 1988.
3122          (iii) If the member agrees to delay the retirement date, the retirement date shall be
3123     delayed, but service credit may not be accrued after the member's original retirement date
3124     elected by the member, and compensation earned after the member's original retirement date
3125     may not be used in the calculation of the final average salary for determining the retirement
3126     allowance.
3127          (b) (i) For political subdivision employees under Level B, the application shall be filed
3128     by September 30, 1987.
3129          (ii) The retirement date shall then be set by the member on the 1st or 16th day of July,
3130     August, September, October, November, or December, 1987.
3131          (4) (a) The cost of providing the allowance under this section shall be funded in fiscal
3132     year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
3133     retirement contribution rate increase established by the consulting actuary and approved by the
3134     board.
3135          (b) The cost of providing the allowance under this section shall be funded beginning
3136     July 1, 1988, by means of an increase in the retirement contribution rate established by the
3137     consulting actuary and approved by the board.

3138          (c) The rate increase under Subsections (4)(a) and (b) shall be funded:
3139          (i) for state employees, by an appropriation from the account established by the
3140     Division of Finance under Subsection (4)(d), which is funded by savings derived from this
3141     early retirement incentive and a work force reduction;
3142          (ii) for school employees, by direct contributions from the employing unit, which may
3143     not be funded through an increase in the retirement contribution amount established in [Title
3144     53A, Chapter 17a, Minimum School Program Act] Title 53F, Chapter 2, State Funding --
3145     Minimum School Program; and
3146          (iii) for political subdivisions under Level B, by direct contributions by the
3147     participating employer.
3148          (d) (i) Each year, any excess savings derived from this early retirement incentive which
3149     are above the costs of funding the increase and the costs of paying insurance, sick leave,
3150     compensatory leave, and vacation leave under Subsections (4)(c)(i) and (ii) shall be reported to
3151     the Legislature and shall be appropriated as provided by law.
3152          (ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
3153     account into which all savings derived from this early retirement incentive shall be deposited as
3154     the savings are realized.
3155          (iii) In the case of Subsection (4)(c)(ii), the State Board of Education shall certify the
3156     amount of savings derived from this early retirement incentive.
3157          (iv) The State Board of Education and the participating employer may not spend the
3158     savings until appropriated by the Legislature as provided by law.
3159          (5) A member who retires under this section is subject to Section 49-11-504 and
3160     Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.
3161          (6) The board may adopt rules to administer this section.
3162          (7) The Legislative Auditor General shall perform an audit to ensure compliance with
3163     this section.
3164          Section 42. Section 49-13-102 is amended to read:
3165          49-13-102. Definitions.

3166          As used in this chapter:
3167          (1) "Benefits normally provided" has the same meaning as defined in Section
3168     49-12-102.
3169          (2) (a) Except as provided in Subsection (2)(c), "compensation" means the total
3170     amount of payments made by a participating employer to a member of this system for services
3171     rendered to the participating employer, including:
3172          (i) bonuses;
3173          (ii) cost-of-living adjustments;
3174          (iii) other payments currently includable in gross income and that are subject to social
3175     security deductions, including any payments in excess of the maximum amount subject to
3176     deduction under social security law; and
3177          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
3178     or other benefits authorized by federal law.
3179          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
3180     under Internal Revenue Code, Section 401(a)(17).
3181          (c) "Compensation" does not include:
3182          (i) the monetary value of remuneration paid in kind, including a residence or use of
3183     equipment;
3184          (ii) the cost of any employment benefits paid for by the participating employer;
3185          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
3186     otherwise ineligible for service credit;
3187          (iv) any payments upon termination, including accumulated vacation, sick leave
3188     payments, severance payments, compensatory time payments, or any other special payments;
3189          (v) any allowances or payments to a member for costs or expenses paid by the
3190     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
3191     housing costs, insurance costs, equipment costs, and dependent care costs; or
3192          (vi) a teacher salary bonus described in Section [53A-17a-173] 53F-2-513.
3193          (d) The executive director may determine if a payment not listed under this Subsection

3194     (2) falls within the definition of compensation.
3195          (3) "Final average salary" means the amount calculated by averaging the highest three
3196     years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
3197     (d).
3198          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
3199     compensation in any one of the years used may not exceed the previous year's compensation by
3200     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
3201     of the dollar during the previous year, as measured by a United States Bureau of Labor
3202     Statistics Consumer Price Index average as determined by the board.
3203          (b) In cases where the participating employer provides acceptable documentation to the
3204     office, the limitation in Subsection (3)(a) may be exceeded if:
3205          (i) the member has transferred from another agency; or
3206          (ii) the member has been promoted to a new position.
3207          (c) If the member retires more than six months from the date of termination of
3208     employment and for purposes of computing the member's final average salary only, the
3209     member is considered to have been in service at the member's last rate of pay from the date of
3210     the termination of employment to the effective date of retirement.
3211          (d) The annual compensation used to calculate final average salary shall be based on:
3212          (i) a calendar year for a member employed by a participating employer that is not an
3213     educational institution; or
3214          (ii) a contract year for a member employed by an educational institution.
3215          (4) "Participating employer" means an employer which meets the participation
3216     requirements of Sections 49-13-201 and 49-13-202.
3217          (5) (a) "Regular full-time employee" means an employee whose term of employment
3218     for a participating employer contemplates continued employment during a fiscal or calendar
3219     year and whose employment normally requires an average of 20 hours or more per week,
3220     except as modified by the board, and who receives benefits normally provided by the
3221     participating employer.

3222          (b) "Regular full-time employee" includes:
3223          (i) a teacher whose term of employment for a participating employer contemplates
3224     continued employment during a school year and who teaches half time or more;
3225          (ii) a classified school employee:
3226          (A) who is hired before July 1, 2013; and
3227          (B) whose employment normally requires an average of 20 hours per week or more for
3228     a participating employer, regardless of benefits provided;
3229          (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
3230     of January 1, 1990, as provided in Section 49-13-407;
3231          (iv) a faculty member or employee of an institution of higher education who is
3232     considered full time by that institution of higher education; and
3233          (v) an individual who otherwise meets the definition of this Subsection (5) who
3234     performs services for a participating employer through a professional employer organization or
3235     similar arrangement.
3236          (c) "Regular full-time employee" does not include a classified school employee:
3237          (i) (A) who is hired on or after July 1, 2013; and
3238          (B) who does not receive benefits normally provided by the participating employer
3239     even if the employment normally requires an average of 20 hours per week or more for a
3240     participating employer;
3241          (ii) (A) who is hired before July 1, 2013;
3242          (B) who did not qualify as a regular full-time employee before July 1, 2013;
3243          (C) who does not receive benefits normally provided by the participating employer;
3244     and
3245          (D) whose employment hours are increased on or after July 1, 2013, to require an
3246     average of 20 hours per week or more for a participating employer; or
3247          (iii) who is a person working on a contract:
3248          (A) for the purposes of vocational rehabilitation and the employment and training of
3249     people with significant disabilities; and

3250          (B) that has been set aside from procurement requirements by the state pursuant to
3251     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
3252          (6) "System" means the Public Employees' Noncontributory Retirement System.
3253          (7) "Years of service credit" means:
3254          (a) a period consisting of 12 full months as determined by the board;
3255          (b) a period determined by the board, whether consecutive or not, during which a
3256     regular full-time employee performed services for a participating employer, including any time
3257     the regular full-time employee was absent on a paid leave of absence granted by a participating
3258     employer or was absent in the service of the United States government on military duty as
3259     provided by this chapter; or
3260          (c) the regular school year consisting of not less than eight months of full-time service
3261     for a regular full-time employee of an educational institution.
3262          Section 43. Section 49-13-202 is amended to read:
3263          49-13-202. Participation of employers -- Limitations -- Exclusions -- Admission
3264     requirements -- Nondiscrimination requirements -- Service credit purchases.
3265          (1) (a) Unless excluded under Subsection (2), an employer is a participating employer
3266     and may not withdraw from participation in this system.
3267          (b) In addition to their participation in this system, participating employers may
3268     provide or participate in any additional public or private retirement, supplemental or defined
3269     contribution plan, either directly or indirectly, for their employees.
3270          (2) The following employers may be excluded from participation in this system:
3271          (a) an employer not initially admitted or included as a participating employer in this
3272     system before January 1, 1982, if:
3273          (i) the employer elects not to provide or participate in any type of private or public
3274     retirement, supplemental or defined contribution plan, either directly or indirectly, for its
3275     employees, except for Social Security; or
3276          (ii) the employer offers another collectively bargained retirement benefit and has
3277     continued to do so on an uninterrupted basis since that date;

3278          (b) an employer that is a charter school authorized under [Title 53A, Chapter 1a, Part 5,
3279     The Utah Charter Schools Act] Title 53G, Chapter 5, Part 3, Charter School Authorization, and
3280     does not elect to participate in accordance with Section [53A-1a-512] 53G-5-407;
3281          (c) an employer that is a hospital created as a special service district under Title 17D,
3282     Chapter 1, Special Service District Act, that makes an election of nonparticipation in
3283     accordance with Subsection (5);
3284          (d) an employer that is licensed as a nursing care facility under Title 26, Chapter 21,
3285     Health Care Facility Licensing and Inspection Act, and created as a special service district
3286     under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state that makes
3287     an election of nonparticipation in accordance with Subsection (5); or
3288          (e) an employer that is a risk management association initially created by interlocal
3289     agreement before 1986 for the purpose of implementing a self-insurance joint protection
3290     program for the benefit of member municipalities of the association.
3291          (3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
3292     provide or participate in any type of public or private retirement, supplemental or defined
3293     contribution plan, either directly or indirectly, except for Social Security, the employer shall be
3294     a participating employer in this system regardless of whether the employer has applied for
3295     admission under Subsection (4).
3296          (4) (a) An employer may, by resolution of its governing body, apply for admission to
3297     this system.
3298          (b) Upon approval of the resolution by the board, the employer is a participating
3299     employer in this system and is subject to this title.
3300          (5) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
3301     district under Title 17D, Chapter 1, Special Service District Act, may make an election of
3302     nonparticipation as an employer for retirement programs under this chapter.
3303          (ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
3304     Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and created as a
3305     special service district under Title 17D, Chapter 1, Special Service District Act, in a rural area

3306     of the state may make an election of nonparticipation as an employer for retirement programs
3307     under this chapter.
3308          (iii) On or before July 1, 2010, an employer described in Subsection (2)(e) may make
3309     an election of nonparticipation as an employer for retirement programs under this chapter.
3310          (b) An election provided under Subsection (5)(a):
3311          (i) is a one-time election made no later than the time specified under Subsection (5)(a);
3312          (ii) shall be documented by a resolution adopted by the governing body of the
3313     employer;
3314          (iii) is irrevocable; and
3315          (iv) applies to the employer as described in Subsection (5)(a)(i), (ii), or (iii) and to all
3316     employees of that employer.
3317          (c) The employer making an election under Subsection (5)(a) may offer employee
3318     benefit plans for its employees:
3319          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
3320     or
3321          (ii) under any other program.
3322          (6) (a) If a participating employer purchases service credit on behalf of regular
3323     full-time employees for service rendered prior to the participating employer's admission to this
3324     system, the service credit shall be purchased in a nondiscriminatory manner on behalf of all
3325     current and former regular full-time employees who were eligible for service credit at the time
3326     service was rendered.
3327          (b) For a purchase made under this Subsection (6), an employee is not required to:
3328          (i) have at least four years of service credit before the purchase can be made; or
3329          (ii) forfeit service credit or any defined contribution balance based on the employer
3330     contributions under any other retirement system or plan based on the period of employment for
3331     which service credit is being purchased.
3332          Section 44. Section 49-13-701 is amended to read:
3333          49-13-701. Early retirement incentive -- Eligibility -- Calculation of benefit --

3334     Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
3335     reemployment.
3336          (1) Any member of this system may retire and receive the allowance allowed under
3337     Subsection (2) if the member meets the following requirements as of the member's retirement:
3338          (a) the member is eligible for retirement under Section 49-13-401, or has 25 years of
3339     service credit;
3340          (b) the member elects to forfeit any stipend for retirement offered by the participating
3341     employer; and
3342          (c) the member elects to retire from this system by applying for retirement by the date
3343     established under Subsection (3)(a) or (3)(b).
3344          (2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
3345     final average salary for all years of service credit.
3346          (b) No actuarial reduction may be applied to the allowance granted under this section.
3347          (3) In order to receive the allowance allowed by this section, a member shall submit an
3348     application to the office as follows:
3349          (a) (i) For state and school employees under Level A, the application shall be filed by
3350     May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
3351     day of July, August, or September, 1987.
3352          (ii) If a Level A member elects to retire, the executive director or participating
3353     employer may request the member to delay the retirement date until a later date, but no later
3354     than June 30, 1988.
3355          (iii) If the member agrees to delay the retirement date, the retirement date shall be
3356     delayed, but service credit may not be accrued after the member's original retirement date
3357     elected by the member, and compensation earned after the member's original retirement date
3358     may not be used in the calculation of the final average salary for determining the retirement
3359     allowance.
3360          (b) (i) For political subdivision employees under Level B, the application shall be filed
3361     by September 30, 1987.

3362          (ii) The member's retirement date shall then be set by the member on the 1st or 16th
3363     day of July, August, September, October, November, or December, 1987.
3364          (4) (a) The cost of providing the allowance under this section shall be funded in fiscal
3365     year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
3366     retirement contribution rate increase established by the consulting actuary and approved by the
3367     board.
3368          (b) The cost of providing the allowance under this section shall be funded beginning
3369     July 1, 1988, by means of an increase in the retirement contribution rate established by the
3370     consulting actuary and approved by the board.
3371          (c) The rate increase under Subsections (4)(a) and (b) shall be funded:
3372          (i) for state employees, by an appropriation from the account established by the
3373     Division of Finance under Subsection (4)(d), which is funded by savings derived from this
3374     early retirement incentive and a work force reduction;
3375          (ii) for school employees, by direct contributions from the employing unit, which may
3376     not be funded through an increase in the retirement contribution amount established in [Title
3377     53A, Chapter 17a, Minimum School Program Act] Title 53F, Chapter 2, State Funding --
3378     Minimum School Program; and
3379          (iii) for political subdivisions under Level B, by direct contributions by the
3380     participating employer.
3381          (d) (i) Each year, any excess savings derived from this early retirement incentive which
3382     are above the costs of funding the increase and the costs of paying insurance, sick leave,
3383     compensatory leave, and vacation leave under Subsections (4)(c)(i) and (ii) shall be reported to
3384     the Legislature and shall be appropriated as provided by law.
3385          (ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
3386     account into which all savings derived from this early retirement incentive shall be deposited as
3387     the savings are realized.
3388          (iii) In the case of Subsection (4)(c)(ii), the State Board of Education shall certify the
3389     amount of savings derived from this early retirement incentive.

3390          (iv) The State Board of Education and the participating employer may not spend the
3391     savings until appropriated by the Legislature as provided by law.
3392          (5) A member who retires under this section is subject to Section 49-11-504 and
3393     Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.
3394          (6) The board may make rules to administer this section.
3395          (7) The Legislative Auditor General shall perform an audit to ensure compliance with
3396     this section.
3397          Section 45. Section 49-22-102 is amended to read:
3398          49-22-102. Definitions.
3399          As used in this chapter:
3400          (1) "Benefits normally provided" has the same meaning as defined in Section
3401     49-12-102.
3402          (2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
3403     amount of payments made by a participating employer to a member of this system for services
3404     rendered to the participating employer, including:
3405          (i) bonuses;
3406          (ii) cost-of-living adjustments;
3407          (iii) other payments currently includable in gross income and that are subject to social
3408     security deductions, including any payments in excess of the maximum amount subject to
3409     deduction under social security law;
3410          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
3411     or other benefits authorized by federal law; and
3412          (v) member contributions.
3413          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
3414     under Internal Revenue Code, Section 401(a)(17).
3415          (c) "Compensation" does not include:
3416          (i) the monetary value of remuneration paid in kind, including a residence or use of
3417     equipment;

3418          (ii) the cost of any employment benefits paid for by the participating employer;
3419          (iii) compensation paid to a temporary employee or an employee otherwise ineligible
3420     for service credit;
3421          (iv) any payments upon termination, including accumulated vacation, sick leave
3422     payments, severance payments, compensatory time payments, or any other special payments;
3423          (v) any allowances or payments to a member for costs or expenses paid by the
3424     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
3425     housing costs, insurance costs, equipment costs, and dependent care costs; or
3426          (vi) a teacher salary bonus described in Section [53A-17a-173] 53F-2-513.
3427          (d) The executive director may determine if a payment not listed under this Subsection
3428     (2) falls within the definition of compensation.
3429          (3) "Corresponding Tier I system" means the system or plan that would have covered
3430     the member if the member had initially entered employment before July 1, 2011.
3431          (4) "Final average salary" means the amount calculated by averaging the highest five
3432     years of annual compensation preceding retirement subject to Subsections (4)(a), (b), (c), (d),
3433     and (e).
3434          (a) Except as provided in Subsection (4)(b), the percentage increase in annual
3435     compensation in any one of the years used may not exceed the previous year's compensation by
3436     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
3437     of the dollar during the previous year, as measured by a United States Bureau of Labor
3438     Statistics Consumer Price Index average as determined by the board.
3439          (b) In cases where the participating employer provides acceptable documentation to the
3440     office, the limitation in Subsection (4)(a) may be exceeded if:
3441          (i) the member has transferred from another agency; or
3442          (ii) the member has been promoted to a new position.
3443          (c) If the member retires more than six months from the date of termination of
3444     employment, the member is considered to have been in service at the member's last rate of pay
3445     from the date of the termination of employment to the effective date of retirement for purposes

3446     of computing the member's final average salary only.
3447          (d) If the member has less than five years of service credit in this system, final average
3448     salary means the average annual compensation paid to the member during the full period of
3449     service credit.
3450          (e) The annual compensation used to calculate final average salary shall be based on:
3451          (i) a calendar year for a member employed by a participating employer that is not an
3452     educational institution; or
3453          (ii) a contract year for a member employed by an educational institution.
3454          (5) "Participating employer" means an employer which meets the participation
3455     requirements of:
3456          (a) Sections 49-12-201 and 49-12-202;
3457          (b) Sections 49-13-201 and 49-13-202;
3458          (c) Section 49-19-201; or
3459          (d) Section 49-22-201 or 49-22-202.
3460          (6) (a) "Regular full-time employee" means an employee whose term of employment
3461     for a participating employer contemplates continued employment during a fiscal or calendar
3462     year and whose employment normally requires an average of 20 hours or more per week,
3463     except as modified by the board, and who receives benefits normally provided by the
3464     participating employer.
3465          (b) "Regular full-time employee" includes:
3466          (i) a teacher whose term of employment for a participating employer contemplates
3467     continued employment during a school year and who teaches half time or more;
3468          (ii) a classified school employee:
3469          (A) who is hired before July 1, 2013; and
3470          (B) whose employment normally requires an average of 20 hours per week or more for
3471     a participating employer, regardless of benefits provided;
3472          (iii) an appointive officer whose appointed position is full time as certified by the
3473     participating employer;

3474          (iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the
3475     attorney general, and a state legislator;
3476          (v) an elected official not included under Subsection (6)(b)(iv) whose elected position
3477     is full time as certified by the participating employer;
3478          (vi) a faculty member or employee of an institution of higher education who is
3479     considered full time by that institution of higher education; and
3480          (vii) an individual who otherwise meets the definition of this Subsection (6) who
3481     performs services for a participating employer through a professional employer organization or
3482     similar arrangement.
3483          (c) "Regular full-time employee" does not include:
3484          (i) a firefighter service employee as defined in Section 49-23-102;
3485          (ii) a public safety service employee as defined in Section 49-23-102;
3486          (iii) a classified school employee:
3487          (A) who is hired on or after July 1, 2013; and
3488          (B) who does not receive benefits normally provided by the participating employer
3489     even if the employment normally requires an average of 20 hours per week or more for a
3490     participating employer;
3491          (iv) a classified school employee:
3492          (A) who is hired before July 1, 2013;
3493          (B) who did not qualify as a regular full-time employee before July 1, 2013;
3494          (C) who does not receive benefits normally provided by the participating employer;
3495     and
3496          (D) whose employment hours are increased on or after July 1, 2013, to require an
3497     average of 20 hours per week or more for a participating employer; or
3498          (E) who is a person working on a contract:
3499          (I) for the purposes of vocational rehabilitation and the employment and training of
3500     people with significant disabilities; and
3501          (II) that has been set aside from procurement requirements by the state pursuant to

3502     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
3503          (7) "System" means the New Public Employees' Tier II Contributory Retirement
3504     System created under this chapter.
3505          (8) "Years of service credit" means:
3506          (a) a period consisting of 12 full months as determined by the board;
3507          (b) a period determined by the board, whether consecutive or not, during which a
3508     regular full-time employee performed services for a participating employer, including any time
3509     the regular full-time employee was absent on a paid leave of absence granted by a participating
3510     employer or was absent in the service of the United States government on military duty as
3511     provided by this chapter; or
3512          (c) the regular school year consisting of not less than eight months of full-time service
3513     for a regular full-time employee of an educational institution.
3514          Section 46. Section 49-22-202 is amended to read:
3515          49-22-202. Participation of employers -- Limitations -- Exclusions -- Admission
3516     requirements.
3517          (1) Unless excluded under Subsection (2), an employer is a participating employer and
3518     may not withdraw from participation in this system.
3519          (2) The following employers may be excluded from participation in this system:
3520          (a) an employer not initially admitted or included as a participating employer in this
3521     system before January 1, 1982, if:
3522          (i) the employer elects not to provide or participate in any type of private or public
3523     retirement, supplemental or defined contribution plan, either directly or indirectly, for its
3524     employees, except for Social Security; or
3525          (ii) the employer offers another collectively bargained retirement benefit and has
3526     continued to do so on an uninterrupted basis since that date;
3527          (b) an employer that is a charter school authorized under [Title 53A, Chapter 1a, Part 5,
3528     The Utah Charter Schools Act] Title 53G, Chapter 5, Part 3, Charter School Authorization, and
3529     does not elect to participate in accordance with Section [53A-1a-512] 53G-5-407; or

3530          (c) an employer that is a risk management association initially created by interlocal
3531     agreement before 1986 for the purpose of implementing a self-insurance joint protection
3532     program for the benefit of member municipalities of the association.
3533          (3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
3534     provide or participate in any type of public or private retirement, supplemental or defined
3535     contribution plan, either directly or indirectly, except for Social Security, the employer shall be
3536     a participating employer in this system regardless of whether the employer has applied for
3537     admission under Subsection (4).
3538          (4) (a) An employer may, by resolution of its governing body, apply for admission to
3539     this system.
3540          (b) Upon approval of the resolution by the board, the employer is a participating
3541     employer in this system and is subject to this title.
3542          (5) If a participating employer purchases service credit on behalf of a regular full-time
3543     employee for service rendered prior to the participating employer's admission to this system,
3544     the participating employer:
3545          (a) shall purchase credit in a nondiscriminatory manner on behalf of all current and
3546     former regular full-time employees who were eligible for service credit at the time service was
3547     rendered; and
3548          (b) shall comply with the provisions of Section 49-11-403.
3549          Section 47. Section 51-2a-201.5 is amended to read:
3550          51-2a-201.5. Accounting reports required -- Reporting to state auditor.
3551          (1) As used in this section:
3552          (a) (i) "Federal pass through money" means federal money received by a nonprofit
3553     corporation through a subaward or contract from the state or a political subdivision.
3554          (ii) "Federal pass through money" does not include federal money received by a
3555     nonprofit corporation as payment for goods or services purchased by the state or political
3556     subdivision from the nonprofit corporation.
3557          (b) (i) "Local money" means money that is owned, held, or administered by a political

3558     subdivision of the state that is derived from fee or tax revenues.
3559          (ii) "Local money" does not include:
3560          (A) money received by a nonprofit corporation as payment for goods or services
3561     purchased from the nonprofit corporation; or
3562          (B) contributions or donations received by the political subdivision.
3563          (c) (i) "State money" means money that is owned, held, or administered by a state
3564     agency and derived from state fee or tax revenues.
3565          (ii) "State money" does not include:
3566          (A) money received by a nonprofit corporation as payment for goods or services
3567     purchased from the nonprofit corporation; or
3568          (B) contributions or donations received by the state agency.
3569          (2) (a) The governing board of a nonprofit corporation whose revenues or expenditures
3570     of federal pass through money, state money, and local money is $1,000,000 or more shall cause
3571     an audit to be made of its accounts by an independent certified public accountant.
3572          (b) The governing board of a nonprofit corporation whose revenues or expenditures of
3573     federal pass through money, state money, and local money is at least $350,000 but less than
3574     $1,000,000 shall cause a review to be made of its accounts by an independent certified public
3575     accountant.
3576          (c) The governing board of a nonprofit corporation whose revenues or expenditures of
3577     federal pass through money, state money, and local money is at least $100,000 but less than
3578     $350,000 shall cause a compilation to be made of its accounts by an independent certified
3579     public accountant.
3580          (d) The governing board of a nonprofit corporation whose revenues or expenditures of
3581     federal pass through money, state money, and local money is less than $100,000 but greater
3582     than $25,000 shall cause a fiscal report to be made in a format prescribed by the state auditor.
3583          (3) A nonprofit corporation described in Subsection 51-2a-102(6)(f) shall provide the
3584     state auditor a copy of an accounting report prepared under this section within six months of
3585     the end of the nonprofit corporation's fiscal year.

3586          (4) (a) A state agency that disburses federal pass through money or state money to a
3587     nonprofit corporation shall enter into a written agreement with the nonprofit corporation that
3588     requires the nonprofit corporation to annually disclose whether:
3589          (i) the nonprofit corporation met or exceeded the dollar amounts listed in Subsection
3590     (2) in the previous fiscal year of the nonprofit corporation; or
3591          (ii) the nonprofit corporation anticipates meeting or exceeding the dollar amounts listed
3592     in Subsection (2) in the fiscal year the money is disbursed.
3593          (b) If the nonprofit corporation discloses to the state agency that the nonprofit
3594     corporation meets or exceeds the dollar amounts as described in Subsection (4)(a), the state
3595     agency shall notify the state auditor.
3596          (5) This section does not apply to a nonprofit corporation that is a charter school
3597     created under [Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act] Title 53G,
3598     Chapter 5, Charter Schools. A charter school is subject to the requirements of Section
3599     [53A-1a-507] 53G-5-404.
3600          (6) A nonprofit corporation is exempt from Section 51-2a-201.
3601          Section 48. Section 51-7-13 is amended to read:
3602          51-7-13. Funds of member institutions of state system of higher education and
3603     public education foundations -- Authorized deposits or investments.
3604          (1) The provisions of this section apply to all funds of:
3605          (a) higher education institutions, other than endowment funds, that are not transferred
3606     to the state treasurer under Section 51-7-4; and
3607          (b) public education foundations established under Section [53A-4-205] 53E-3-403.
3608          (2) (a) Proceeds of general obligation bond issues and all funds pledged or otherwise
3609     dedicated to the payment of interest and principal of general obligation bonds issued by or for
3610     the benefit of the institution shall be invested according to the requirements of:
3611          (i) Section 51-7-11 and the rules of the council; or
3612          (ii) the terms of the borrowing instruments applicable to those bonds and funds if those
3613     terms are more restrictive than Section 51-7-11.

3614          (b) (i) The public treasurer shall invest the proceeds of bonds other than general
3615     obligation bonds issued by or for the benefit of the institution and all funds pledged or
3616     otherwise dedicated to the payment of interest and principal of bonds other than general
3617     obligation bonds according to the terms of the borrowing instruments applicable to those
3618     bonds.
3619          (ii) If no provisions governing investment of bond proceeds or pledged or dedicated
3620     funds are contained in the borrowing instruments applicable to those bonds or funds, the public
3621     treasurer shall comply with the requirements of Section 51-7-11 in investing those proceeds
3622     and funds.
3623          (c) All other funds in the custody or control of any of those institutions or public
3624     education foundations shall be invested as provided in Section 51-7-11 and the rules of the
3625     council.
3626          (3) (a) Each institution shall make monthly reports detailing the deposit and investment
3627     of funds in its custody or control to its institutional council and the State Board of Regents.
3628          (b) The state auditor may conduct or cause to be conducted an annual audit of the
3629     investment program of each institution.
3630          (c) The State Board of Regents shall:
3631          (i) require whatever internal controls and supervision are necessary to ensure the
3632     appropriate safekeeping, investment, and accounting for all funds of these institutions; and
3633          (ii) submit annually to the governor and the Legislature a summary report of all
3634     investments by institutions under its jurisdiction.
3635          Section 49. Section 52-4-103 is amended to read:
3636          52-4-103. Definitions.
3637          As used in this chapter:
3638          (1) "Anchor location" means the physical location from which:
3639          (a) an electronic meeting originates; or
3640          (b) the participants are connected.
3641          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by

3642     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
3643     City.
3644          (3) "Convening" means the calling together of a public body by a person authorized to
3645     do so for the express purpose of discussing or acting upon a subject over which that public
3646     body has jurisdiction or advisory power.
3647          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
3648     conference using electronic communications.
3649          (5) "Electronic message" means a communication transmitted electronically, including:
3650          (a) electronic mail;
3651          (b) instant messaging;
3652          (c) electronic chat;
3653          (d) text messaging as defined in Section 76-4-401; or
3654          (e) any other method that conveys a message or facilitates communication
3655     electronically.
3656          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
3657     quorum present, including a workshop or an executive session, whether in person or by means
3658     of electronic communications, for the purpose of discussing, receiving comments from the
3659     public about, or acting upon a matter over which the public body or specific body has
3660     jurisdiction or advisory power.
3661          (b) "Meeting" does not mean:
3662          (i) a chance gathering or social gathering; or
3663          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
3664     accordance with Section 59-1-405.
3665          (c) "Meeting" does not mean the convening of a public body that has both legislative
3666     and executive responsibilities if:
3667          (i) no public funds are appropriated for expenditure during the time the public body is
3668     convened; and
3669          (ii) the public body is convened solely for the discussion or implementation of

3670     administrative or operational matters:
3671          (A) for which no formal action by the public body is required; or
3672          (B) that would not come before the public body for discussion or action.
3673          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
3674     public statements of each member of the public body who is participating in a meeting.
3675          (8) "Participate" means the ability to communicate with all of the members of a public
3676     body, either verbally or electronically, so that each member of the public body can hear or
3677     observe the communication.
3678          (9) (a) "Public body" means:
3679          (i) any administrative, advisory, executive, or legislative body of the state or its
3680     political subdivisions that:
3681          (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
3682          (B) consists of two or more persons;
3683          (C) expends, disburses, or is supported in whole or in part by tax revenue; and
3684          (D) is vested with the authority to make decisions regarding the public's business; or
3685          (ii) any administrative, advisory, executive, or policymaking body of an association, as
3686     defined in Section [53A-1-1601] 53G-7-1101, that:
3687          (A) consists of two or more persons;
3688          (B) expends, disburses, or is supported in whole or in part by dues paid by a public
3689     school or whose employees participate in a benefit or program described in Title 49, Utah State
3690     Retirement and Insurance Benefit Act; and
3691          (C) is vested with authority to make decisions regarding the participation of a public
3692     school or student in an interscholastic activity as defined in Section [53A-1-1601] 53G-7-1101.
3693          (b) "Public body" includes:
3694          (i) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
3695     undertaking; and
3696          (ii) as defined in Section 11-13a-102, a governmental nonprofit corporation.
3697          (c) "Public body" does not include:

3698          (i) a political party, a political group, or a political caucus;
3699          (ii) a conference committee, a rules committee, or a sifting committee of the
3700     Legislature;
3701          (iii) a school community council or charter trust land council as defined in Section
3702     [53A-1a-108.1] 53G-7-1203; or
3703          (iv) the Economic Development Legislative Liaison Committee created in Section
3704     36-30-201.
3705          (10) "Public statement" means a statement made in the ordinary course of business of
3706     the public body with the intent that all other members of the public body receive it.
3707          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
3708     otherwise defined by applicable law.
3709          (b) "Quorum" does not include a meeting of two elected officials by themselves when
3710     no action, either formal or informal, is taken on a subject over which these elected officials
3711     have advisory power.
3712          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
3713     meeting that can be used to review the proceedings of the meeting.
3714          (13) "Specified body":
3715          (a) means an administrative, advisory, executive, or legislative body that:
3716          (i) is not a public body;
3717          (ii) consists of three or more members; and
3718          (iii) includes at least one member who is:
3719          (A) a legislator; and
3720          (B) officially appointed to the body by the president of the Senate, speaker of the
3721     House of Representatives, or governor; and
3722          (b) does not include a body listed in Subsection (9)(c)(ii).
3723          (14) "Transmit" means to send, convey, or communicate an electronic message by
3724     electronic means.
3725          Section 50. Section 52-4-209 is amended to read:

3726          52-4-209. Electronic meetings for charter school board.
3727          (1) Notwithstanding the definitions provided in Section 52-4-103 for this chapter, as
3728     used in this section:
3729          (a) "Anchor location" means a physical location where:
3730          (i) the charter school board would normally meet if the charter school board were not
3731     holding an electronic meeting; and
3732          (ii) space, a facility, and technology are provided to the public to monitor and, if public
3733     comment is allowed, to participate in an electronic meeting during regular business hours.
3734          (b) "Charter school board" means the governing board of a school created under [Title
3735     53A, Chapter 1a, Part 5, The Utah Charter Schools Act] Tile 53G, Chapter 5, Charter Schools.
3736          (c) "Meeting" means the convening of a charter school board:
3737          (i) with a quorum who:
3738          (A) monitors a website at least once during the electronic meeting; and
3739          (B) casts a vote on a website, if a vote is taken; and
3740          (ii) for the purpose of discussing, receiving comments from the public about, or acting
3741     upon a matter over which the charter school board has jurisdiction or advisory power.
3742          (d) "Monitor" means to:
3743          (i) read all the content added to a website by the public or a charter school board
3744     member; and
3745          (ii) view a vote cast by a charter school board member on a website.
3746          (e) "Participate" means to add content to a website.
3747          (2) (a) A charter school board may convene and conduct an electronic meeting in
3748     accordance with Section 52-4-207.
3749          (b) A charter school board may convene and conduct an electronic meeting in
3750     accordance with this section that is in writing on a website if:
3751          (i) the chair verifies that a quorum monitors the website;
3752          (ii) the content of the website is available to the public;
3753          (iii) the chair controls the times in which a charter school board member or the public

3754     participates; and
3755          (iv) the chair requires a person to identify himself or herself if the person:
3756          (A) participates; or
3757          (B) casts a vote as a charter school board member.
3758          (3) A charter school that conducts an electronic meeting under this section shall:
3759          (a) give public notice of the electronic meeting:
3760          (i) in accordance with Section 52-4-202; and
3761          (ii) by posting written notice at the anchor location as required under Section 52-4-207;
3762          (b) in addition to giving public notice required by Subsection (3)(a), provide:
3763          (i) notice of the electronic meeting to the members of the charter school board at least
3764     24 hours before the meeting so that they may participate in and be counted as present for all
3765     purposes, including the determination that a quorum is present;
3766          (ii) a description of how the members and the public may be connected to the
3767     electronic meeting;
3768          (iii) a start and end time for the meeting, which shall be no longer than 5 days; and
3769          (iv) a start and end time for when a vote will be taken in an electronic meeting, which
3770     shall be no longer than four hours; and
3771          (c) provide an anchor location.
3772          (4) The chair shall:
3773          (a) not allow anyone to participate from the time the notice described in Subsection
3774     (3)(b)(iv) is given until the end time for when a vote will be taken; and
3775          (b) allow a charter school board member to change a vote until the end time for when a
3776     vote will be taken.
3777          (5) During the time in which a vote may be taken, a charter school board member may
3778     not communicate in any way with any person regarding an issue over which the charter school
3779     board has jurisdiction.
3780          (6) A charter school conducting an electronic meeting under this section may not close
3781     a meeting as otherwise allowed under this part.

3782          (7) (a) Written minutes shall be kept of an electronic meeting conducted as required in
3783     Section 52-4-203.
3784          (b) (i) Notwithstanding Section 52-4-203, a recording is not required of an electronic
3785     meeting described in Subsection (2)(b).
3786          (ii) All of the content of the website shall be kept for an electronic meeting conducted
3787     under this section.
3788          (c) Written minutes are the official record of action taken at an electronic meeting as
3789     required in Section 52-4-203.
3790          (8) (a) A charter school board shall ensure that the website used to conduct an
3791     electronic meeting:
3792          (i) is secure; and
3793          (ii) provides with reasonably certainty the identity of a charter school board member
3794     who logs on, adds content, or casts a vote on the website.
3795          (b) A person is guilty of a class B misdemeanor if the person falsely identifies himself
3796     or herself as required by Subsection (2)(b)(iv).
3797          (9) Compliance with the provisions of this section by a charter school constitutes full
3798     and complete compliance by the public body with the corresponding provisions of Sections
3799     52-4-201 and 52-4-202.
3800          Section 51. Section 53-3-104 is amended to read:
3801          53-3-104. Division duties.
3802          The division shall:
3803          (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3804     make rules:
3805          (a) for examining applicants for a license, as necessary for the safety and welfare of the
3806     traveling public;
3807          (b) for acceptable documentation of an applicant's identity, Social Security number,
3808     Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
3809     United States, honorable or general discharge from the United States military, and other proof

3810     or documentation required under this chapter;
3811          (c) regarding the restrictions to be imposed on a person driving a motor vehicle with a
3812     temporary learner permit or learner permit;
3813          (d) for exemptions from licensing requirements as authorized in this chapter; and
3814          (e) establishing procedures for the storage and maintenance of applicant information
3815     provided in accordance with Section 53-3-205, 53-3-410, or 53-3-804;
3816          (2) examine each applicant according to the class of license applied for;
3817          (3) license motor vehicle drivers;
3818          (4) file every application for a license received by it and shall maintain indices
3819     containing:
3820          (a) all applications denied and the reason each was denied;
3821          (b) all applications granted; and
3822          (c) the name of every licensee whose license has been suspended, disqualified, or
3823     revoked by the division and the reasons for the action;
3824          (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
3825     this chapter;
3826          (6) file all accident reports and abstracts of court records of convictions received by it
3827     under state law;
3828          (7) maintain a record of each licensee showing the licensee's convictions and the traffic
3829     accidents in which the licensee has been involved where a conviction has resulted;
3830          (8) consider the record of a licensee upon an application for renewal of a license and at
3831     other appropriate times;
3832          (9) search the license files, compile, and furnish a report on the driving record of any
3833     person licensed in the state in accordance with Section 53-3-109;
3834          (10) develop and implement a record system as required by Section 41-6a-604;
3835          (11) in accordance with Section [53A-13-208] 53G-10-507, establish:
3836          (a) procedures and standards to certify teachers of driver education classes to
3837     administer knowledge and skills tests;

3838          (b) minimal standards for the tests; and
3839          (c) procedures to enable school districts to administer or process any tests for students
3840     to receive a class D operator's license;
3841          (12) in accordance with Section 53-3-510, establish:
3842          (a) procedures and standards to certify licensed instructors of commercial driver
3843     training school courses to administer the skills test;
3844          (b) minimal standards for the test; and
3845          (c) procedures to enable licensed commercial driver training schools to administer or
3846     process skills tests for students to receive a class D operator's license;
3847          (13) provide administrative support to the Driver License Medical Advisory Board
3848     created in Section 53-3-303;
3849          (14) upon request by the lieutenant governor, provide the lieutenant governor with a
3850     digital copy of the driver license or identification card signature of a person who is an applicant
3851     for voter registration under Section 20A-2-206; and
3852          (15) in accordance with Section 53-3-407.1, establish:
3853          (a) procedures and standards to license a commercial driver license third party tester or
3854     commercial driver license third party examiner to administer the commercial driver license
3855     skills tests;
3856          (b) minimum standards for the commercial driver license skills test; and
3857          (c) procedures to enable a licensed commercial driver license third party tester or
3858     commercial driver license third party examiner to administer a commercial driver license skills
3859     test for an applicant to receive a commercial driver license.
3860          Section 52. Section 53-3-505.5 is amended to read:
3861          53-3-505.5. Behind-the-wheel training requirements.
3862          (1) Except as provided under Subsection (2), a driver education course under this part
3863     or [Title 53A, Chapter 13, Part 2, Driver Education Classes] Title 53G, Chapter 10, Part 5,
3864     Driver Education Classes, that is used to satisfy the driver training requirement under Section
3865     53-3-204 shall require each student to complete at least six hours of behind-the-wheel driving a

3866     dual-control motor vehicle with a certified instructor seated in the front seat next to the student
3867     driver.
3868          (2) Up to three hours of the behind-the-wheel driving may be substituted as follows:
3869          (a) two hours of range driving on an approved driving range under Section
3870     [53A-13-201] 53G-10-502 equals one hour of the behind-the-wheel driving required under
3871     Subsection (1);
3872          (b) two hours of driving simulation practice on a driving simulation device that is fully
3873     interactive as set forth in rules made under Section 53-3-505, equals one hour of the
3874     behind-the-wheel driving required under Subsection (1); and
3875          (c) four hours of driving simulation practice on a driving simulation device that is not
3876     fully interactive as set forth in rules made under Section 53-3-505, equals one hour of the
3877     behind-the-wheel driving required under Subsection (1), with a maximum of one hour of the
3878     behind-the-wheel driving required under Subsection (1) that may be substituted under this
3879     Subsection (2)(c).
3880          (3) The behind-the-wheel driving required under Subsection (1) shall include, if
3881     feasible, driving on interstate and other multilane highways.
3882          Section 53. Section 53-7-103 is amended to read:
3883          53-7-103. State Fire Marshal Division -- Creation -- State fire marshal --
3884     Appointment, qualifications, duties, and compensation.
3885          (1) There is created within the department the State Fire Marshal Division.
3886          (2) (a) The director of the division is the state fire marshal, who shall be appointed by
3887     the commissioner upon the recommendation of the Utah Fire Prevention Board created in
3888     Section 53-7-203 and with the approval of the governor.
3889          (b) The state fire marshal is the executive and administrative head of the division, and
3890     shall be qualified by experience and education to:
3891          (i) enforce the state fire code;
3892          (ii) enforce rules made under this chapter; and
3893          (iii) perform the duties prescribed by the commissioner.

3894          (3) The state fire marshal acts under the supervision and control of the commissioner
3895     and may be removed from the position at the will of the commissioner.
3896          (4) The state fire marshal shall:
3897          (a) enforce the state fire code and rules made under this chapter in accordance with
3898     Section 53-7-104;
3899          (b) complete the duties assigned by the commissioner;
3900          (c) examine plans and specifications for school buildings, as required by Section
3901     [53A-20-104] 53E-3-706;
3902          (d) approve criteria established by the state superintendent for building inspectors;
3903          (e) promote and support injury prevention public education programs; and
3904          (f) perform all other duties provided in this chapter.
3905          (5) The state fire marshal shall receive compensation as provided by Title 67, Chapter
3906     19, Utah State Personnel Management Act.
3907          Section 54. Section 53-10-202 is amended to read:
3908          53-10-202. Criminal identification -- Duties of bureau.
3909          The bureau shall:
3910          (1) procure and file information relating to identification and activities of persons who:
3911          (a) are fugitives from justice;
3912          (b) are wanted or missing;
3913          (c) have been arrested for or convicted of a crime under the laws of any state or nation;
3914     and
3915          (d) are believed to be involved in racketeering, organized crime, or a dangerous
3916     offense;
3917          (2) establish a statewide uniform crime reporting system that shall include:
3918          (a) statistics concerning general categories of criminal activities;
3919          (b) statistics concerning crimes that exhibit evidence of prejudice based on race,
3920     religion, ancestry, national origin, ethnicity, or other categories that the division finds
3921     appropriate; and

3922          (c) other statistics as required by the Federal Bureau of Investigation;
3923          (3) make a complete and systematic record and index of the information obtained
3924     under this part;
3925          (4) subject to the restrictions in this part, establish policy concerning the use and
3926     dissemination of data obtained under this part;
3927          (5) publish an annual report concerning the extent, fluctuation, distribution, and nature
3928     of crime in Utah;
3929          (6) establish a statewide central register for the identification and location of missing
3930     persons, which may include:
3931          (a) identifying data including fingerprints of each missing person;
3932          (b) identifying data of any missing person who is reported as missing to a law
3933     enforcement agency having jurisdiction;
3934          (c) dates and circumstances of any persons requesting or receiving information from
3935     the register; and
3936          (d) any other information, including blood types and photographs found necessary in
3937     furthering the purposes of this part;
3938          (7) publish a quarterly directory of missing persons for distribution to persons or
3939     entities likely to be instrumental in the identification and location of missing persons;
3940          (8) list the name of every missing person with the appropriate nationally maintained
3941     missing persons lists;
3942          (9) establish and operate a 24-hour communication network for reports of missing
3943     persons and reports of sightings of missing persons;
3944          (10) coordinate with the National Center for Missing and Exploited Children and other
3945     agencies to facilitate the identification and location of missing persons and the identification of
3946     unidentified persons and bodies;
3947          (11) receive information regarding missing persons, as provided in Sections 26-2-27
3948     and [53A-11-502] 53G-6-602, and stolen vehicles, vessels, and outboard motors, as provided
3949     in Section 41-1a-1401;

3950          (12) adopt systems of identification, including the fingerprint system, to be used by the
3951     division to facilitate law enforcement;
3952          (13) assign a distinguishing number or mark of identification to any pistol or revolver,
3953     as provided in Section 76-10-520;
3954          (14) check certain criminal records databases for information regarding motor vehicle
3955     salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,
3956     and inform the Motor Vehicle Enforcement Division when new entries are made for certain
3957     criminal offenses for motor vehicle salespersons in accordance with the requirements of
3958     Section 41-3-205.5;
3959          (15) check certain criminal records databases for information regarding driving
3960     privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
3961     privilege applicants and cardholders and inform the federal Immigration and Customs
3962     Enforcement Agency of the United States Department of Homeland Security when new entries
3963     are made in accordance with the requirements of Section 53-3-205.5.
3964          (16) review and approve or disapprove applications for license renewal that meet the
3965     requirements for renewal;
3966          (17) forward to the board those applications for renewal under Subsection (16) that do
3967     not meet the requirements for renewal; and
3968          (18) within funds appropriated by the Legislature for the purpose, implement and
3969     manage the operation of firearm safety and suicide prevention education programs, in
3970     conjunction with the state suicide prevention coordinator, as described in this section and
3971     Section 62A-15-1101, including:
3972          (a) coordinating with the Department of Health, local mental health and substance
3973     abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
3974     Utah-based nonprofit organization with expertise in the field of firearm use and safety that
3975     represents firearm owners, to:
3976          (i) produce a firearm safety brochure with information about the safe handling and use
3977     of firearms that includes:

3978          (A) rules for safe handling, storage, and use of firearms in a home environment;
3979          (B) information about at-risk individuals and individuals who are legally prohibited
3980     from possessing firearms;
3981          (C) information about suicide prevention and awareness; and
3982          (D) information about the availability of firearm safety packets;
3983          (ii) procure cable-style gun locks for distribution pursuant to this section;
3984          (iii) produce a firearm safety packet that includes both the firearm safety brochure
3985     described in Subsection (18)(a)(i) and the cable-style gun lock described in Subsection
3986     (18)(a)(ii); and
3987          (iv) create a suicide prevention education course that:
3988          (A) provides information that includes posters for display and pamphlets or brochures
3989     for distribution regarding firearm safety education;
3990          (B) incorporates current information on how to recognize suicidal behaviors and
3991     identify persons who may be suicidal;
3992          (C) provides information regarding crisis intervention resources; and
3993          (D) provides continuing education in the area of suicide prevention;
3994          (b) distributing, free of charge, the firearm safety packet to the following persons, who
3995     shall make the firearm safety packet available free of charge:
3996          (i) health care providers, including emergency rooms;
3997          (ii) mental health practitioners;
3998          (iii) other public health suicide prevention organizations;
3999          (iv) entities that teach firearm safety courses; and
4000          (v) school districts for use in the seminar, described in Section [53A-15-1302]
4001     53G-9-703, for parents of students in the school district;
4002          (c) creating and administering a redeemable coupon program described in this section
4003     and Section 76-10-526, that may include:
4004          (i) producing a redeemable coupon that offers between $10 and $200 off the purchase
4005     of a gun safe from a participating federally licensed firearms dealer, as defined in Section

4006     76-10-501, by a Utah resident who has filed an application for a concealed firearm permit;
4007          (ii) advertising the redeemable coupon program to all federally licensed firearms
4008     dealers and maintaining a list of dealers who wish to participate in the program;
4009          (iii) printing or writing the name of a Utah resident who has filed an application for a
4010     concealed firearm permit on the redeemable coupon;
4011          (iv) mailing the redeemable coupon and the firearm safety brochure to Utah residents
4012     who have filed an application for a concealed firearm permit; and
4013          (v) collecting from the participating dealers receipts described in Section 76-10-526
4014     and reimbursing the dealers;
4015          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4016     making rules that establish procedures for:
4017          (i) producing and distributing the firearm safety brochures and packets;
4018          (ii) procuring the cable-style gun locks for distribution; and
4019          (iii) administering the redeemable coupon program; and
4020          (e) reporting to the Law Enforcement and Criminal Justice Interim Committee
4021     regarding implementation and success of the firearm safety program:
4022          (i) during the 2016 interim, before November 1; and
4023          (ii) during the 2018 interim, before June 1.
4024          Section 55. Section 53-10-203 is amended to read:
4025          53-10-203. Missing persons -- Reports -- Notification.
4026          (1) Each law enforcement agency that is investigating the report of a missing person
4027     shall provide information regarding that report to the division. The report shall include
4028     descriptive information and the date and location of the last-known contact with the missing
4029     person.
4030          (2) The division shall notify the state registrar of Vital Statistics and the FBI National
4031     Crime Information Center of all missing persons reported in accordance with Subsection (1)
4032     and shall provide the state registrar with information concerning the identity of those missing
4033     persons.

4034          (3) If the division has reason to believe that a missing person reported in accordance
4035     with Subsection (1) has been enrolled in a specific school in this state, the division shall also
4036     notify the last-known school of that report.
4037          (4) Upon learning of the recovery of a missing person, the division shall notify the state
4038     registrar and any school that it has previously informed of the person's disappearance.
4039          (5) The division shall, by rule, determine the manner and form of reports, notices, and
4040     information required by this section.
4041          (6) Upon notification by the state registrar or school personnel that a request for a birth
4042     certificate, school record, or other information concerning a missing person has been made, or
4043     that an investigation is needed in accordance with Section [53A-11-503] 53G-6-603, the
4044     division shall immediately notify the local law enforcement authority.
4045          Section 56. Section 53B-1-109 is amended to read:
4046          53B-1-109. Coordination of higher education and public education information
4047     technology systems -- Use of unique student identifier.
4048          (1) As used in this section, "unique student identifier" means the same as that term is
4049     defined in Section [53A-1-603.5] 53E-4-308.
4050          (2) The State Board of Regents and State Board of Education shall coordinate public
4051     education and higher education information technology systems to allow individual student
4052     academic achievement to be tracked through both education systems in accordance with this
4053     section and Section [53A-1-603.5] 53E-4-308.
4054          (3) Information technology systems utilized at an institution within the state system of
4055     higher education shall utilize the unique student identifier of all students who have previously
4056     been assigned a unique student identifier.
4057          Section 57. Section 53B-1-114 is amended to read:
4058          53B-1-114. Coordination for education.
4059          (1) At least quarterly, in order to coordinate education services, individuals who have
4060     responsibilities related to Utah's education system shall meet, including:
4061          (a) the state superintendent of public instruction described in Section [53A-1-301]

4062     53E-3-301;
4063          (b) the commissioner;
4064          (c) the commissioner of technical education described in Section 53B-2a-102;
4065          (d) the executive director of the Department of Workforce Services described in
4066     Section 35A-1-201;
4067          (e) the executive director of the Governor's Office of Economic Development
4068     described in Section 63N-1-202;
4069          (f) the chair of the State Board of Education;
4070          (g) the chair of the State Board of Regents;
4071          (h) the chair of the Utah System of Technical Colleges Board of Trustees described in
4072     Section 53B-2a-103; and
4073          (i) the chairs of the Education Interim Committee.
4074          (2) A meeting described in this section is not subject to Title 52, Chapter 4, Open and
4075     Public Meetings Act.
4076          Section 58. Section 53B-2a-106 is amended to read:
4077          53B-2a-106. Technical colleges -- Duties.
4078          (1) Each technical college shall, within the geographic area served by the technical
4079     college:
4080          (a) offer a noncredit postsecondary and secondary career and technical education
4081     curriculum;
4082          (b) offer that curriculum at:
4083          (i) low cost to adult students, as approved by the board of trustees; and
4084          (ii) no tuition to secondary students;
4085          (c) provide career and technical education that will result in:
4086          (i) appropriate licensing, certification, or other evidence of completion of training; and
4087          (ii) qualification for specific employment, with an emphasis on high demand, high
4088     wage, and high skill jobs in business and industry;
4089          (d) develop cooperative agreements with school districts, charter schools, other higher

4090     education institutions, businesses, industries, and community and private agencies to maximize
4091     the availability of instructional facilities within the geographic area served by the technical
4092     college; and
4093          (e) after consulting with school districts and charter schools within the geographic area
4094     served by the technical college:
4095          (i) ensure that secondary students in the public education system have access to career
4096     and technical education at the technical college; and
4097          (ii) prepare and submit an annual report to the board of trustees detailing:
4098          (A) how the career and technical education needs of secondary students within the
4099     region are being met;
4100          (B) what access secondary students within the region have to programs offered at the
4101     technical college;
4102          (C) how the emphasis on high demand, high wage, high skill jobs in business and
4103     industry described in Subsection (1)(c)(ii) is being provided; and
4104          (D) student tuition and fees.
4105          (2) A technical college may offer:
4106          (a) a competency-based high school diploma approved by the State Board of Education
4107     in accordance with Section [53A-1-402] 53E-3-501;
4108          (b) noncredit, basic instruction in areas such as reading, language arts, and
4109     mathematics that are necessary for student success in a chosen career and technical education
4110     or job-related program;
4111          (c) noncredit courses of interest when similar offerings to the community are limited
4112     and courses are financially self-supporting; and
4113          (d) secondary school level courses through the Statewide Online Education Program in
4114     accordance with Section [53A-15-1205] 53F-4-504.
4115          (3) Except as provided in Subsection (2)(d), a technical college may not:
4116          (a) offer courses other than noncredit career and technical education or the noncredit,
4117     basic instruction described in Subsections (2)(b) and (c);

4118          (b) offer a degree;
4119          (c) offer career and technical education or basic instruction outside the geographic area
4120     served by the technical college without a cooperative agreement between an affected
4121     institution, except as provided in Subsection (6);
4122          (d) provide tenure or academic rank for its instructors; or
4123          (e) participate in intercollegiate athletics.
4124          (4) The mission of a technical college is limited to noncredit career and technical
4125     education and may not expand to include credit-based academic programs typically offered by
4126     community colleges or other institutions of higher education.
4127          (5) A technical college shall be recognized as a member of the Utah System of
4128     Technical Colleges, and regional affiliation shall be retained and recognized through local
4129     designations such as "Bridgerland Technical College: A member technical college of the Utah
4130     System of Technical Colleges."
4131          (6) (a) A technical college may offer career and technical education or basic instruction
4132     outside the geographic area served by the technical college without a cooperative agreement, as
4133     required in Subsection (3)(c), if:
4134          (i) the career and technical education or basic instruction is specifically requested by:
4135          (A) an employer; or
4136          (B) a craft, trade, or apprenticeship program;
4137          (ii) the technical college notifies the affected institution about the request; and
4138          (iii) the affected institution is given an opportunity to make a proposal, prior to any
4139     contract being finalized or training being initiated by the technical college, to the employer,
4140     craft, trade, or apprenticeship program about offering the requested career and technical
4141     education or basic instruction, provided that the proposal shall be presented no later than one
4142     business week from the delivery of the notice described under Subsection (6)(a)(ii).
4143          (b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
4144     training relationship.
4145          Section 59. Section 53B-10-101 is amended to read:

4146          53B-10-101. Terrel H. Bell Teaching Incentive Loans program -- Eligible
4147     students -- Cancellation of incentive loans -- Repayment by recipient who fails to meet
4148     requirements -- Duration of incentive loans.
4149          (1) (a) A Terrel H. Bell Teaching Incentive Loans program is established to recruit and
4150     train superior candidates for teaching in Utah's public school system as a component of the
4151     teacher quality continuum referred to in Subsections [53A-1a-104] 53E-2-302(7) and
4152     [53A-6-102] 53E-6-103(2)(a).
4153          (b) Under the program, the incentive loans may be used in any of Utah's state-operated
4154     institutions of higher education or at a private institution of higher education in Utah that offers
4155     a state-approved teacher education program.
4156          (2) (a) The State Board of Regents shall award the incentive loans to college students
4157     who have been admitted to, or have made application to and are prepared to enter into, a
4158     program preparing students for licensure and who declare an intent to complete the prescribed
4159     course of instruction and to teach in this state in accordance with the priorities described under
4160     Subsection (5)(c).
4161          (b) The incentive loan may be canceled at any time by the institution of attendance if:
4162          (i) the student fails to make reasonable progress towards completion of licensing
4163     requirements; or
4164          (ii) it appears to be a reasonable certainty that the student does not intend to teach in
4165     Utah.
4166          (c) The State Board of Regents may grant leaves of absence to incentive loan holders.
4167          (3) The State Board of Regents may require an incentive loan recipient who fails to
4168     complete the requirements for licensing without good cause to repay all tuition and fees
4169     provided by the loan, together with appropriate interest.
4170          (4) (a) The State Board of Regents may require an incentive loan recipient who does
4171     not work in the state's public school system or a private school within the state within two years
4172     after graduation to repay all tuition and fees provided by the loan, together with appropriate
4173     interest, unless waived for good cause.

4174          (b) (i) A recipient who does not teach for a term equal to the number of years of the
4175     incentive loan within a reasonable period of time after graduation shall repay a graduated
4176     portion of the tuition and fees based upon the uncompleted term.
4177          (ii) One year of teaching is credit for one year's tuition and fees.
4178          (c) All repayments made under this Subsection (4) are for use in the Terrel H. Bell
4179     Teaching Incentive Loans program.
4180          (5) (a) Each incentive loan is valid for up to four years of full-time equivalent
4181     enrollment, or until requirements for licensing or advanced licensing have been met, whichever
4182     is less.
4183          (b) (i) Incentive loans apply to both tuition and fees in amounts and are subject to
4184     conditions approved by the State Board of Regents, based upon criteria developed to insure that
4185     all recipients of the loans will pursue an education career within the state.
4186          (ii) An incentive loan for tuition and fees at a private institution may not exceed the
4187     average scholarship amounts granted for tuition and fees at public institutions of higher
4188     education within the state.
4189          (c) Incentive loans shall be awarded in accordance with prioritized critical areas of
4190     need for teaching expertise within the state, as determined by the State Board of Education's
4191     criticality index and school district priorities based upon data provided by the school district,
4192     and may include preparing persons as:
4193          (i) a special education teacher;
4194          (ii) a speech or language pathologist; or
4195          (iii) another licensed professional providing services in the public schools to pupils
4196     with disabilities.
4197          Section 60. Section 53B-16-108 is amended to read:
4198          53B-16-108. Courses offered through the Statewide Online Education Program.
4199          An institution of higher education listed in Section 53B-2-101 may offer a secondary
4200     school level course through the Statewide Online Education Program in accordance with
4201     Section [53A-15-1205] 53F-4-504.

4202          Section 61. Section 53B-16-404 is amended to read:
4203          53B-16-404. Internship programs -- Criminal background checks.
4204          An institution of higher education shall require an officer or employee of the institution
4205     or a cooperating employer, who will be given significant unsupervised access to a minor
4206     student in connection with the student's activities as an intern, to submit to a criminal
4207     background check on the same basis as a volunteer under Section [53A-15-1503] 53G-11-402.
4208          Section 62. Section 53C-1-203 is amended to read:
4209          53C-1-203. Board of trustees nominating committee -- Composition --
4210     Responsibilities -- Per diem and expenses.
4211          (1) There is established an 11 member board of trustees nominating committee.
4212          (2) (a) The State Board of Education shall appoint five members to the nominating
4213     committee from different geographical areas of the state.
4214          (b) The governor shall appoint five members to the nominating committee on or before
4215     the December 1 of the year preceding the vacancy on the nominating committee as follows:
4216          (i) one individual from a nomination list of at least two names of individuals
4217     knowledgeable about institutional trust lands submitted on or before the October 1 of the year
4218     preceding the vacancy on the nominating committee by the University of Utah and Utah State
4219     University on an alternating basis every four years;
4220          (ii) one individual from a nomination list of at least two names submitted by the Utah
4221     Farm Bureau in consultation with the Utah Cattleman's Association and the Utah Wool
4222     Growers' Association on or before the October 1 of the year preceding the vacancy on the
4223     nominating committee;
4224          (iii) one individual from a nomination list of at least two names submitted by the Utah
4225     Petroleum Association on or before the October 1 of the year preceding the vacancy on the
4226     nominating committee;
4227          (iv) one individual from a nomination list of at least two names submitted by the Utah
4228     Mining Association on or before the October 1 of the year preceding the vacancy on the
4229     nominating committee; and

4230          (v) one individual from a nomination list of at least two names submitted by the
4231     executive director of the Department of Natural Resources after consultation with statewide
4232     wildlife and conservation organizations on or before the October 1 of the year preceding the
4233     vacancy on the nominating committee.
4234          (c) The president of the Utah Association of Counties shall designate the chair of the
4235     Public Lands Steering Committee, who must be an elected county commissioner or councilor,
4236     to serve as the eleventh member of the nominating committee.
4237          (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
4238     term.
4239          (b) Notwithstanding the requirements of Subsection (3)(a), the state board and the
4240     governor shall, at the time of appointment or reappointment, adjust the length of terms to
4241     ensure that the terms of committee members are staggered so that approximately half of the
4242     committee is appointed every two years.
4243          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
4244     appointed for the unexpired term.
4245          (4) The nominating committee shall select a chair and vice chair from its membership
4246     by majority vote.
4247          (5) (a) The nominating committee shall nominate at least two candidates for each
4248     position or vacancy which occurs on the board of trustees except for the governor's appointee
4249     under Subsection 53C-1-202(5).
4250          (b) The nominations shall be by majority vote of the committee.
4251          (6) A member may not receive compensation or benefits for the member's service, but
4252     may receive per diem and travel expenses in accordance with:
4253          (a) Section 63A-3-106;
4254          (b) Section 63A-3-107; and
4255          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4256     63A-3-107.
4257          (7) The School Children's Trust Section, established in Section [53A-16-101.6]

4258     53E-3-514, shall provide staff support to the nominating committee.
4259          Section 63. Section 53D-1-102 is amended to read:
4260          53D-1-102. Definitions.
4261          (1) "Account" means the School and Institutional Trust Fund Management Account,
4262     created in Section 53D-1-203.
4263          (2) "Beneficiaries":
4264          (a) means those for whose benefit the trust fund is managed and preserved, consistent
4265     with the enabling act, the Utah Constitution, and state law; and
4266          (b) does not include other government institutions or agencies, the public at large, or
4267     the general welfare of the state.
4268          (3) "Board" means the board of trustees established in Section 53D-1-301.
4269          (4) "Director" means the director of the office.
4270          (5) "Enabling act" means the act of Congress, dated July 16, 1894, enabling the people
4271     of Utah to form a constitution and state government and to be admitted into the Union.
4272          (6) "Nominating committee" means the committee established under Section
4273     53D-1-501.
4274          (7) "Office" means the School and Institutional Trust Fund Office, created in Section
4275     53D-1-201.
4276          (8) "School children's trust section" means the School Children's Trust Section under
4277     the State Board of Education, established in Section [53A-16-101.6] 53E-3-514.
4278          (9) "Trust fund" means money derived from:
4279          (a) the sale or use of land granted to the state under Sections 6, 8, and 12 of the
4280     enabling act;
4281          (b) proceeds referred to in Section 9 of the enabling act from the sale of public land;
4282     and
4283          (c) revenue and assets referred to in Utah Constitution, Article X, Section 5,
4284     Subsections (1)(c), (e), and (f).
4285          Section 64. Section 53D-1-403 is amended to read:

4286          53D-1-403. Reports.
4287          (1) At least annually, the director shall report in person to the Legislative Management
4288     Committee, the governor, and the State Board of Education, concerning the office's
4289     investments, performance, estimated distributions, and other activities.
4290          (2) The director shall report to the board concerning the work of the director and the
4291     investment activities and other activities of the office:
4292          (a) in a public meeting at least six times per year; and
4293          (b) as otherwise requested by the board.
4294          (3) (a) Before November 1 of each year, the director shall:
4295          (i) submit a written report to school community councils, created under Section
4296     [53A-1a-108] 53G-7-1202, and charter trust land councils, established under Section
4297     [53A-16-101.5] 53F-2-404 concerning the office's investments, performance, estimated
4298     distributions, and other activities; and
4299          (ii) post the written report described in Subsection (3)(a)(i) on the office's website.
4300          (b) A report under Subsection (3)(a) shall be prepared in simple language designed to
4301     be understood by the general public.
4302          (4) The director shall provide to the board:
4303          (a) monthly written reports on the activities of the office;
4304          (b) quarterly financial reports; and
4305          (c) any other report requested by the board.
4306          (5) The director shall:
4307          (a) invite the director of the school children's trust section to attend any meeting at
4308     which the director gives a report under this section; and
4309          (b) provide the director of the school children's trust section:
4310          (i) a copy of any written report prepared under this section; and
4311          (ii) any other report requested by the director of the school children's trust section.
4312          Section 65. Section 58-11a-302 is amended to read:
4313          58-11a-302. Qualifications for licensure.

4314          (1) Each applicant for licensure as a barber shall:
4315          (a) submit an application in a form prescribed by the division;
4316          (b) pay a fee determined by the department under Section 63J-1-504;
4317          (c) be of good moral character;
4318          (d) provide satisfactory documentation of:
4319          (i) graduation from a licensed or recognized barber school, or a licensed or recognized
4320     cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
4321     instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
4322          (ii) (A) graduation from a recognized barber school located in a state other than Utah
4323     whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
4324     credit hours; and
4325          (B) practice as a licensed barber in a state other than Utah for not less than the number
4326     of hours required to equal 1,000 total hours when added to the hours of instruction described in
4327     Subsection (1)(d)(ii)(A); or
4328          (iii) completion of an approved barber apprenticeship; and
4329          (e) meet the examination requirement established by rule.
4330          (2) Each applicant for licensure as a barber instructor shall:
4331          (a) submit an application in a form prescribed by the division;
4332          (b) subject to Subsection (24), pay a fee determined by the department under Section
4333     63J-1-504;
4334          (c) provide satisfactory documentation that the applicant is currently licensed as a
4335     barber;
4336          (d) be of good moral character;
4337          (e) provide satisfactory documentation of completion of:
4338          (i) an instructor training program conducted by a licensed or recognized school, as
4339     defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
4340     hours;
4341          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or

4342     recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
4343     number of credit hours; or
4344          (iii) a minimum of 2,000 hours of experience as a barber; and
4345          (f) meet the examination requirement established by rule.
4346          (3) Each applicant for licensure as a barber school shall:
4347          (a) submit an application in a form prescribed by the division;
4348          (b) pay a fee determined by the department under Section 63J-1-504; and
4349          (c) provide satisfactory documentation:
4350          (i) of appropriate registration with the Division of Corporations and Commercial Code;
4351          (ii) of business licensure from the city, town, or county in which the school is located;
4352          (iii) that the applicant's physical facilities comply with the requirements established by
4353     rule; and
4354          (iv) that the applicant meets:
4355          (A) the standards for barber schools, including staff and accreditation requirements,
4356     established by rule; and
4357          (B) the requirements for recognition as an institution of postsecondary study as
4358     described in Subsection (22).
4359          (4) Each applicant for licensure as a cosmetologist/barber shall:
4360          (a) submit an application in a form prescribed by the division;
4361          (b) pay a fee determined by the department under Section 63J-1-504;
4362          (c) be of good moral character;
4363          (d) provide satisfactory documentation of:
4364          (i) graduation from a licensed or recognized cosmetology/barber school whose
4365     curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
4366     credit hours, with full flexibility within those hours;
4367          (ii) (A) graduation from a recognized cosmetology/barber school located in a state
4368     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
4369     equivalent number of credit hours, with full flexibility within those hours; and

4370          (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
4371     than the number of hours required to equal 1,600 total hours when added to the hours of
4372     instruction described in Subsection (4)(d)(ii)(A); or
4373          (iii) completion of an approved cosmetology/barber apprenticeship; and
4374          (e) meet the examination requirement established by rule.
4375          (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
4376          (a) submit an application in a form prescribed by the division;
4377          (b) subject to Subsection (24), pay a fee determined by the department under Section
4378     63J-1-504;
4379          (c) provide satisfactory documentation that the applicant is currently licensed as a
4380     cosmetologist/barber;
4381          (d) be of good moral character;
4382          (e) provide satisfactory documentation of completion of:
4383          (i) an instructor training program conducted by a licensed or recognized school, as
4384     defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
4385     hours;
4386          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
4387     recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
4388     number of credit hours; or
4389          (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
4390          (f) meet the examination requirement established by rule.
4391          (6) Each applicant for licensure as a cosmetologist/barber school shall:
4392          (a) submit an application in a form prescribed by the division;
4393          (b) pay a fee determined by the department under Section 63J-1-504; and
4394          (c) provide satisfactory documentation:
4395          (i) of appropriate registration with the Division of Corporations and Commercial Code;
4396          (ii) of business licensure from the city, town, or county in which the school is located;
4397          (iii) that the applicant's physical facilities comply with the requirements established by

4398     rule; and
4399          (iv) that the applicant meets:
4400          (A) the standards for cosmetology schools, including staff and accreditation
4401     requirements, established by rule; and
4402          (B) the requirements for recognition as an institution of postsecondary study as
4403     described in Subsection (22).
4404          (7) Each applicant for licensure as an electrologist shall:
4405          (a) submit an application in a form prescribed by the division;
4406          (b) pay a fee determined by the department under Section 63J-1-504;
4407          (c) be of good moral character;
4408          (d) provide satisfactory documentation of having graduated from a licensed or
4409     recognized electrology school after completing a curriculum of 600 hours of instruction or the
4410     equivalent number of credit hours; and
4411          (e) meet the examination requirement established by rule.
4412          (8) Each applicant for licensure as an electrologist instructor shall:
4413          (a) submit an application in a form prescribed by the division;
4414          (b) subject to Subsection (24), pay a fee determined by the department under Section
4415     63J-1-504;
4416          (c) provide satisfactory documentation that the applicant is currently licensed as an
4417     electrologist;
4418          (d) be of good moral character;
4419          (e) provide satisfactory documentation of completion of:
4420          (i) an instructor training program conducted by a licensed or recognized school, as
4421     defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
4422     hours;
4423          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
4424     recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
4425     number of credit hours; or

4426          (iii) a minimum of 1,000 hours of experience as an electrologist; and
4427          (f) meet the examination requirement established by rule.
4428          (9) Each applicant for licensure as an electrologist school shall:
4429          (a) submit an application in a form prescribed by the division;
4430          (b) pay a fee determined by the department under Section 63J-1-504; and
4431          (c) provide satisfactory documentation:
4432          (i) of appropriate registration with the Division of Corporations and Commercial Code;
4433          (ii) of business licensure from the city, town, or county in which the school is located;
4434          (iii) that the applicant's facilities comply with the requirements established by rule; and
4435          (iv) that the applicant meets:
4436          (A) the standards for electrologist schools, including staff, curriculum, and
4437     accreditation requirements, established by rule; and
4438          (B) the requirements for recognition as an institution of postsecondary study as
4439     described in Subsection (22).
4440          (10) Each applicant for licensure as an esthetician shall:
4441          (a) submit an application in a form prescribed by the division;
4442          (b) pay a fee determined by the department under Section 63J-1-504;
4443          (c) be of good moral character;
4444          (d) provide satisfactory documentation of one of the following:
4445          (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
4446     cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
4447     instruction with a minimum of 600 hours or the equivalent number of credit hours;
4448          (ii) completion of an approved esthetician apprenticeship; or
4449          (iii) (A) graduation from a recognized cosmetology/barber school located in a state
4450     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
4451     equivalent number of credit hours, with full flexibility within those hours; and
4452          (B) practice as a licensed cosmetologist/barber for not less than the number of hours
4453     required to equal 1,600 total hours when added to the hours of instruction described in

4454     Subsection (10)(d)(iii)(A); and
4455          (e) meet the examination requirement established by division rule.
4456          (11) Each applicant for licensure as a master esthetician shall:
4457          (a) submit an application in a form prescribed by the division;
4458          (b) pay a fee determined by the department under Section 63J-1-504;
4459          (c) be of good moral character;
4460          (d) provide satisfactory documentation of:
4461          (i) completion of at least 1,200 hours of training, or the equivalent number of credit
4462     hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
4463     1,200 hours may have been completed:
4464          (A) at a licensed or recognized cosmetology/barbering school, if the applicant
4465     graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
4466     the equivalent number of credit hours, with full flexibility within those hours; or
4467          (B) at a licensed or recognized cosmetology/barber school located in a state other than
4468     Utah, if the applicant graduated from the school and its curriculum contained full flexibility
4469     within its hours of instruction; or
4470          (ii) completion of an approved master esthetician apprenticeship;
4471          (e) if the applicant will practice lymphatic massage, provide satisfactory documentation
4472     to show completion of 200 hours of training, or the equivalent number of credit hours, in
4473     lymphatic massage as defined by division rule; and
4474          (f) meet the examination requirement established by division rule.
4475          (12) Each applicant for licensure as an esthetician instructor shall:
4476          (a) submit an application in a form prescribed by the division;
4477          (b) subject to Subsection (24), pay a fee determined by the department under Section
4478     63J-1-504;
4479          (c) provide satisfactory documentation that the applicant is currently licensed as a
4480     master esthetician;
4481          (d) be of good moral character;

4482          (e) provide satisfactory documentation of completion of:
4483          (i) an instructor training program conducted by a licensed or recognized school, as
4484     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
4485     hours;
4486          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
4487     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
4488     number of credit hours; or
4489          (iii) a minimum of 1,000 hours of experience in esthetics; and
4490          (f) meet the examination requirement established by rule.
4491          (13) Each applicant for licensure as an esthetics school shall:
4492          (a) submit an application in a form prescribed by the division;
4493          (b) pay a fee determined by the department under Section 63J-1-504; and
4494          (c) provide satisfactory documentation:
4495          (i) of appropriate registration with the Division of Corporations and Commercial Code;
4496          (ii) of business licensure from the city, town, or county in which the school is located;
4497          (iii) that the applicant's physical facilities comply with the requirements established by
4498     rule; and
4499          (iv) that the applicant meets:
4500          (A) the standards for esthetics schools, including staff, curriculum, and accreditation
4501     requirements, established by division rule made in collaboration with the board; and
4502          (B) the requirements for recognition as an institution of postsecondary study as
4503     described in Subsection (22).
4504          (14) Each applicant for licensure as a hair designer shall:
4505          (a) submit an application in a form prescribed by the division;
4506          (b) pay a fee determined by the department under Section 63J-1-504;
4507          (c) be of good moral character;
4508          (d) provide satisfactory documentation of:
4509          (i) graduation from a licensed or recognized cosmetology/barber, hair design, or

4510     barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
4511     equivalent number of credit hours, with full flexibility within those hours;
4512          (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
4513     school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
4514     instruction, or the equivalent number of credit hours, with full flexibility within those hours;
4515     and
4516          (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
4517     Utah for not less than the number of hours required to equal 1,200 total hours when added to
4518     the hours of instruction described in Subsection (14)(d)(ii)(A); or
4519          (iii) being a state licensed cosmetologist/barber; and
4520          (e) meet the examination requirements established by rule.
4521          (15) Each applicant for licensure as a hair designer instructor shall:
4522          (a) submit an application in a form prescribed by the division;
4523          (b) subject to Subsection (24), pay a fee determined by the department under Section
4524     63J-1-504;
4525          (c) provide satisfactory documentation that the applicant is currently licensed as a hair
4526     designer or as a cosmetologist/barber;
4527          (d) be of good moral character;
4528          (e) provide satisfactory documentation of completion of:
4529          (i) an instructor training program conducted by a licensed or recognized school, as
4530     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
4531     hours;
4532          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
4533     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
4534     number of credit hours; or
4535          (iii) a minimum of 2,500 hours of experience as a hair designer or as a
4536     cosmetologist/barber; and
4537          (f) meet the examination requirement established by rule.

4538          (16) Each applicant for licensure as a hair design school shall:
4539          (a) submit an application in a form prescribed by the division;
4540          (b) pay a fee determined by the department under Section 63J-1-504; and
4541          (c) provide satisfactory documentation:
4542          (i) of appropriate registration with the Division of Corporations and Commercial Code;
4543          (ii) of business licensure from the city, town, or county in which the school is located;
4544          (iii) that the applicant's physical facilities comply with the requirements established by
4545     rule; and
4546          (iv) that the applicant meets:
4547          (A) the standards for a hair design school, including staff and accreditation
4548     requirements, established by rule; and
4549          (B) the requirements for recognition as an institution of postsecondary study as
4550     described in Subsection (22).
4551          (17) Each applicant for licensure as a nail technician shall:
4552          (a) submit an application in a form prescribed by the division;
4553          (b) pay a fee determined by the department under Section 63J-1-504;
4554          (c) be of good moral character;
4555          (d) provide satisfactory documentation of:
4556          (i) graduation from a licensed or recognized nail technology school, or a licensed or
4557     recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
4558     instruction, or the equivalent number of credit hours;
4559          (ii) (A) graduation from a recognized nail technology school located in a state other
4560     than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
4561     number of credit hours; and
4562          (B) practice as a licensed nail technician in a state other than Utah for not less than the
4563     number of hours required to equal 300 total hours when added to the hours of instruction
4564     described in Subsection (17)(d)(ii)(A); or
4565          (iii) completion of an approved nail technician apprenticeship; and

4566          (e) meet the examination requirement established by division rule.
4567          (18) Each applicant for licensure as a nail technician instructor shall:
4568          (a) submit an application in a form prescribed by the division;
4569          (b) subject to Subsection (24), pay a fee determined by the department under Section
4570     63J-1-504;
4571          (c) provide satisfactory documentation that the applicant is currently licensed as a nail
4572     technician;
4573          (d) be of good moral character;
4574          (e) provide satisfactory documentation of completion of:
4575          (i) an instructor training program conducted by a licensed or recognized school, as
4576     defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
4577          (ii) an on-the-job instructor training program conducted by a licensed instructor at a
4578     licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
4579     equivalent number of credit hours; or
4580          (iii) a minimum of 600 hours of experience in nail technology; and
4581          (f) meet the examination requirement established by rule.
4582          (19) Each applicant for licensure as a nail technology school shall:
4583          (a) submit an application in a form prescribed by the division;
4584          (b) pay a fee determined by the department under Section 63J-1-504; and
4585          (c) provide satisfactory documentation:
4586          (i) of appropriate registration with the Division of Corporations and Commercial Code;
4587          (ii) of business licensure from the city, town, or county in which the school is located;
4588          (iii) that the applicant's facilities comply with the requirements established by rule; and
4589          (iv) that the applicant meets:
4590          (A) the standards for nail technology schools, including staff, curriculum, and
4591     accreditation requirements, established by rule; and
4592          (B) the requirements for recognition as an institution of postsecondary study as
4593     described in Subsection (22).

4594          (20) Each applicant for licensure under this chapter whose education in the field for
4595     which a license is sought was completed at a foreign school may satisfy the educational
4596     requirement for licensure by demonstrating, to the satisfaction of the division, the educational
4597     equivalency of the foreign school education with a licensed school under this chapter.
4598          (21) (a) A licensed or recognized school under this section shall accept credit hours
4599     towards graduation for documented, relevant, and substantially equivalent coursework
4600     previously completed by:
4601          (i) a student that did not complete the student's education while attending a different
4602     school; or
4603          (ii) a licensee of any other profession listed in this section, based on the licensee's
4604     schooling, apprenticeship, or experience.
4605          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4606     consistent with this section, the division may make rules governing the acceptance of credit
4607     hours under Subsection (21)(a).
4608          (22) A school licensed or applying for licensure under this chapter shall maintain
4609     recognition as an institution of postsecondary study by meeting the following conditions:
4610          (a) the school shall admit as a regular student only an individual who has earned a
4611     recognized high school diploma or the equivalent of a recognized high school diploma, or who
4612     is beyond the age of compulsory high school attendance as prescribed by [Title 53A, Chapter
4613     11, Students in Public Schools] Title 53G, Chapter 6, Part 2, Compulsory Education; and
4614          (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
4615     licensure by name, under this chapter to offer one or more training programs beyond the
4616     secondary level.
4617          (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
4618     approved apprenticeship shall register with the division as described in Section 58-11a-306.
4619          (24) The department may only charge a fee to a person applying for licensure as any
4620     type of instructor under this chapter if the person is not a licensed instructor in any other
4621     profession under this chapter.

4622          Section 66. Section 58-41-4 is amended to read:
4623          58-41-4. Exemptions from chapter.
4624          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
4625     persons may engage in the practice of speech-language pathology and audiology subject to the
4626     stated circumstances and limitations without being licensed under this chapter:
4627          (a) a qualified person licensed in this state under any law existing in this state prior to
4628     May 13, 1975, from engaging in the profession for which he is licensed;
4629          (b) a medical doctor, physician, or surgeon licensed in this state, from engaging in his
4630     specialty in the practice of medicine;
4631          (c) a hearing aid dealer or salesman from selling, fitting, adjusting, and repairing
4632     hearing aids, and conducting hearing tests solely for that purpose. However, a hearing aid
4633     dealer may not conduct audiologic testing on persons under the age of 18 years except under
4634     the direct supervision of an audiologist licensed under this chapter;
4635          (d) a person who has obtained a valid and current credential issued by the State Board
4636     of Education while performing specifically the functions of a speech-language pathologist or
4637     audiologist, in no way in his own interest, solely within the confines of and under the direction
4638     and jurisdiction of and only in the academic interest of the schools by which employed in this
4639     state;
4640          (e) a person employed as a speech-language pathologist or audiologist by federal
4641     government agencies or subdivisions or, prior to July 1, 1989, by state or local government
4642     agencies or subdivisions, while specifically performing speech-language pathology or
4643     audiology services in no way in his own interest, solely within the confines of and under the
4644     direction and jurisdiction of and in the specific interest of that agency or subdivision;
4645          (f) a person identified in Subsections (1)(d) and (e) may offer lectures for a fee, or
4646     monetary or other compensation, without being licensed; however, such person may elect to be
4647     subject to the requirements of this chapter;
4648          (g) a person employed by accredited colleges or universities as a speech-language
4649     pathologist or audiologist from performing the services or functions described in this chapter

4650     when they are:
4651          (i) performed solely as an assigned teaching function of employment;
4652          (ii) solely in academic interest and pursuit as a function of that employment;
4653          (iii) in no way for their own interest; and
4654          (iv) provided for no fee, monetary or otherwise, other than their agreed institutional
4655     salary;
4656          (h) a person pursuing a course of study leading to a degree in speech-language
4657     pathology or audiology while enrolled in an accredited college or university, provided those
4658     activities constitute an assigned, directed, and supervised part of his curricular study, and in no
4659     other interest, and that all examinations, tests, histories, charts, progress notes, reports,
4660     correspondence, and all documents and records which he produces be identified clearly as
4661     having been conducted and prepared by a student in training and that such a person is
4662     obviously identified and designated by appropriate title clearly indicating the training status
4663     and provided that he does not hold himself out directly or indirectly as being qualified to
4664     practice independently;
4665          (i) a person trained in elementary audiometry and qualified to perform basic
4666     audiometric tests while employed by a licensed medical doctor to perform solely for him while
4667     under his direct supervision, the elementary conventional audiometric tests of air conduction
4668     screening, air conduction threshold testing, and tympanometry;
4669          (j) a person while performing as a speech-language pathologist or audiologist for the
4670     purpose of obtaining required professional experience under the provisions of this chapter, if he
4671     meets all training requirements and is professionally responsible to and under the supervision
4672     of a speech-language pathologist or audiologist who holds the CCC or a state license in
4673     speech-language pathology or audiology. This provision is applicable only during the time that
4674     person is obtaining the required professional experience;
4675          (k) a corporation, partnership, trust, association, group practice, or like organization
4676     engaging in speech-language pathology or audiology services without certification or license, if
4677     it acts only through employees or consists only of persons who are licensed under this chapter;

4678          (l) performance of speech-language pathology or audiology services in this state by a
4679     speech-language pathologist or audiologist who is not a resident of this state and is not licensed
4680     under this chapter if those services are performed for no more than one month in any calendar
4681     year in association with a speech-language pathologist or audiologist licensed under this
4682     chapter, and if that person meets the qualifications and requirements for application for
4683     licensure described in Section 58-41-5; and
4684          (m) a person certified under [Title 53A, State System of Public Education] Title 53E,
4685     Public Education System -- State Administration, as a teacher of the deaf, from providing the
4686     services or performing the functions he is certified to perform.
4687          (2) No person is exempt from the requirements of this chapter who performs or
4688     provides any services as a speech-language pathologist or audiologist for which a fee, salary,
4689     bonus, gratuity, or compensation of any kind paid by the recipient of the service; or who
4690     engages any part of his professional work for a fee practicing in conjunction with, by
4691     permission of, or apart from his position of employment as speech-language pathologist or
4692     audiologist in any branch or subdivision of local, state, or federal government or as otherwise
4693     identified in this section.
4694          Section 67. Section 58-61-307 is amended to read:
4695          58-61-307. Exemptions from licensure.
4696          (1) Except as modified in Section 58-61-301, the exemptions from licensure in Section
4697     58-1-307 apply to this chapter.
4698          (2) In addition to the exemptions from licensure in Section 58-1-307, the following
4699     when practicing within the scope of the license held, may engage in acts included within the
4700     definition of practice as a psychologist, subject to the stated circumstances and limitations,
4701     without being licensed under this chapter:
4702          (a) a physician and surgeon or osteopathic physician licensed under Chapter 67, Utah
4703     Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
4704          (b) a registered psychiatric mental health nurse specialist licensed under Chapter 31b,
4705     Nurse Practice Act;

4706          (c) a recognized member of the clergy while functioning in his ministerial capacity as
4707     long as he does not represent himself as or use the title of psychologist;
4708          (d) an individual who is offering expert testimony in any proceeding before a court,
4709     administrative hearing, deposition upon the order of any court or other body having power to
4710     order the deposition, or proceedings before any master, referee, or alternative dispute resolution
4711     provider;
4712          (e) an individual engaged in performing hypnosis who is not licensed under this title in
4713     a profession which includes hypnosis in its scope of practice, and who:
4714          (i) (A) induces a hypnotic state in a client for the purpose of increasing motivation or
4715     altering lifestyles or habits, such as eating or smoking, through hypnosis;
4716          (B) consults with a client to determine current motivation and behavior patterns;
4717          (C) prepares the client to enter hypnotic states by explaining how hypnosis works and
4718     what the client will experience;
4719          (D) tests clients to determine degrees of suggestibility;
4720          (E) applies hypnotic techniques based on interpretation of consultation results and
4721     analysis of client's motivation and behavior patterns; and
4722          (F) trains clients in self-hypnosis conditioning;
4723          (ii) may not:
4724          (A) engage in the practice of mental health therapy;
4725          (B) represent himself using the title of a license classification in Subsection
4726     58-60-102(5); or
4727          (C) use hypnosis with or treat a medical, psychological, or dental condition defined in
4728     generally recognized diagnostic and statistical manuals of medical, psychological, or dental
4729     disorders;
4730          (f) an individual's exemption from licensure under Subsection 58-1-307(1)(b)
4731     terminates when the student's training is no longer supervised by qualified faculty or staff and
4732     the activities are no longer a defined part of the degree program;
4733          (g) an individual holding an earned doctoral degree in psychology who is employed by

4734     an accredited institution of higher education and who conducts research and teaches in that
4735     individual's professional field, but only if the individual does not engage in providing delivery
4736     or supervision of professional services regulated under this chapter to individuals or groups
4737     regardless of whether there is compensation for the services;
4738          (h) any individual who was employed as a psychologist by a state, county, or municipal
4739     agency or other political subdivision of the state prior to July 1, 1981, and who subsequently
4740     has maintained employment as a psychologist in the same state, county, or municipal agency or
4741     other political subdivision while engaged in the performance of his official duties for that
4742     agency or political subdivision;
4743          (i) an individual licensed as a school psychologist under Section [53A-6-104]
4744     53E-6-201:
4745          (i) may represent himself as and use the terms "school psychologist" or "licensed
4746     school psychologist"; and
4747          (ii) is restricted in his practice to employment within settings authorized by the State
4748     Board of Education;
4749          (j) an individual providing advice or counsel to another individual in a setting of their
4750     association as friends or relatives and in a nonprofessional and noncommercial relationship, if
4751     there is no compensation paid for the advice or counsel; and
4752          (k) an individual who is licensed, in good standing, to practice mental health therapy in
4753     a state or territory of the United States outside of Utah may provide short term transitional
4754     mental health therapy remotely to a client in Utah only if:
4755          (i) the individual is present in the state or territory where the individual is licensed to
4756     practice mental health therapy;
4757          (ii) the client relocates to Utah;
4758          (iii) the client is a client of the individual immediately before the client relocates to
4759     Utah;
4760          (iv) the individual provides the short term transitional mental health therapy to the
4761     client only during the 45 day period beginning on the day on which the client relocates to Utah;

4762          (v) within 10 days after the day on which the client relocates to Utah, the individual
4763     provides written notice to the division of the individual's intent to provide short term
4764     transitional mental health therapy remotely to the client; and
4765          (vi) the individual does not engage in unlawful conduct or unprofessional conduct.
4766          Section 68. Section 59-2-102 is amended to read:
4767          59-2-102. Definitions.
4768          As used in this chapter and title:
4769          (1) "Aerial applicator" means aircraft or rotorcraft used exclusively for the purpose of
4770     engaging in dispensing activities directly affecting agriculture or horticulture with an
4771     airworthiness certificate from the Federal Aviation Administration certifying the aircraft or
4772     rotorcraft's use for agricultural and pest control purposes.
4773          (2) "Air charter service" means an air carrier operation that requires the customer to
4774     hire an entire aircraft rather than book passage in whatever capacity is available on a scheduled
4775     trip.
4776          (3) "Air contract service" means an air carrier operation available only to customers
4777     that engage the services of the carrier through a contractual agreement and excess capacity on
4778     any trip and is not available to the public at large.
4779          (4) "Aircraft" means the same as that term is defined in Section 72-10-102.
4780          (5) (a) Except as provided in Subsection (5)(b), "airline" means an air carrier that:
4781          (i) operates:
4782          (A) on an interstate route; and
4783          (B) on a scheduled basis; and
4784          (ii) offers to fly one or more passengers or cargo on the basis of available capacity on a
4785     regularly scheduled route.
4786          (b) "Airline" does not include an:
4787          (i) air charter service; or
4788          (ii) air contract service.
4789          (6) "Assessment roll" means a permanent record of the assessment of property as

4790     assessed by the county assessor and the commission and may be maintained manually or as a
4791     computerized file as a consolidated record or as multiple records by type, classification, or
4792     categories.
4793          (7) "Base parcel" means a parcel of property that was legally:
4794          (a) subdivided into two or more lots, parcels, or other divisions of land; or
4795          (b) (i) combined with one or more other parcels of property; and
4796          (ii) subdivided into two or more lots, parcels, or other divisions of land.
4797          (8) (a) "Certified revenue levy" means a property tax levy that provides an amount of
4798     ad valorem property tax revenue equal to the sum of:
4799          (i) the amount of ad valorem property tax revenue to be generated statewide in the
4800     previous year from imposing a school minimum basic tax rate, as specified in Section
4801     [53A-17a-135] 53F-2-301, or multicounty assessing and collecting levy, as specified in Section
4802     59-2-1602; and
4803          (ii) the product of:
4804          (A) eligible new growth, as defined in Section 59-2-924; and
4805          (B) the school minimum basic tax rate or multicounty assessing and collecting levy
4806     certified by the commission for the previous year.
4807          (b) For purposes of this Subsection (8), "ad valorem property tax revenue" does not
4808     include property tax revenue received by a taxing entity from personal property that is:
4809          (i) assessed by a county assessor in accordance with Part 3, County Assessment; and
4810          (ii) semiconductor manufacturing equipment.
4811          (c) For purposes of calculating the certified revenue levy described in this Subsection
4812     (8), the commission shall use:
4813          (i) the taxable value of real property assessed by a county assessor contained on the
4814     assessment roll;
4815          (ii) the taxable value of real and personal property assessed by the commission; and
4816          (iii) the taxable year end value of personal property assessed by a county assessor
4817     contained on the prior year's assessment roll.

4818          (9) "County-assessed commercial vehicle" means:
4819          (a) any commercial vehicle, trailer, or semitrailer that is not apportioned under Section
4820     41-1a-301 and is not operated interstate to transport the vehicle owner's goods or property in
4821     furtherance of the owner's commercial enterprise;
4822          (b) any passenger vehicle owned by a business and used by its employees for
4823     transportation as a company car or vanpool vehicle; and
4824          (c) vehicles that are:
4825          (i) especially constructed for towing or wrecking, and that are not otherwise used to
4826     transport goods, merchandise, or people for compensation;
4827          (ii) used or licensed as taxicabs or limousines;
4828          (iii) used as rental passenger cars, travel trailers, or motor homes;
4829          (iv) used or licensed in this state for use as ambulances or hearses;
4830          (v) especially designed and used for garbage and rubbish collection; or
4831          (vi) used exclusively to transport students or their instructors to or from any private,
4832     public, or religious school or school activities.
4833          (10) (a) Except as provided in Subsection (10)(b), for purposes of Section 59-2-801,
4834     "designated tax area" means a tax area created by the overlapping boundaries of only the
4835     following taxing entities:
4836          (i) a county; and
4837          (ii) a school district.
4838          (b) "Designated tax area" includes a tax area created by the overlapping boundaries of
4839     the taxing entities described in Subsection (10)(a) and:
4840          (i) a city or town if the boundaries of the school district under Subsection (10)(a) and
4841     the boundaries of the city or town are identical; or
4842          (ii) a special service district if the boundaries of the school district under Subsection
4843     (10)(a) are located entirely within the special service district.
4844          (11) "Eligible judgment" means a final and unappealable judgment or order under
4845     Section 59-2-1330:

4846          (a) that became a final and unappealable judgment or order no more than 14 months
4847     before the day on which the notice described in Section 59-2-919.1 is required to be provided;
4848     and
4849          (b) for which a taxing entity's share of the final and unappealable judgment or order is
4850     greater than or equal to the lesser of:
4851          (i) $5,000; or
4852          (ii) 2.5% of the total ad valorem property taxes collected by the taxing entity in the
4853     previous fiscal year.
4854          (12) (a) "Escaped property" means any property, whether personal, land, or any
4855     improvements to the property, that is subject to taxation and is:
4856          (i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed
4857     to the wrong taxpayer by the assessing authority;
4858          (ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to
4859     comply with the reporting requirements of this chapter; or
4860          (iii) undervalued because of errors made by the assessing authority based upon
4861     incomplete or erroneous information furnished by the taxpayer.
4862          (b) "Escaped property" does not include property that is undervalued because of the use
4863     of a different valuation methodology or because of a different application of the same valuation
4864     methodology.
4865          (13) "Fair market value" means the amount at which property would change hands
4866     between a willing buyer and a willing seller, neither being under any compulsion to buy or sell
4867     and both having reasonable knowledge of the relevant facts. For purposes of taxation, "fair
4868     market value" shall be determined using the current zoning laws applicable to the property in
4869     question, except in cases where there is a reasonable probability of a change in the zoning laws
4870     affecting that property in the tax year in question and the change would have an appreciable
4871     influence upon the value.
4872          (14) (a) "Farm machinery and equipment," for purposes of the exemption provided
4873     under Section 59-2-1101, means tractors, milking equipment and storage and cooling facilities,

4874     feed handling equipment, irrigation equipment, harvesters, choppers, grain drills and planters,
4875     tillage tools, scales, combines, spreaders, sprayers, haying equipment, including balers and
4876     cubers, and any other machinery or equipment used primarily for agricultural purposes.
4877          (b) "Farm machinery and equipment" does not include vehicles required to be
4878     registered with the Motor Vehicle Division or vehicles or other equipment used for business
4879     purposes other than farming.
4880          (15) "Geothermal fluid" means water in any form at temperatures greater than 120
4881     degrees centigrade naturally present in a geothermal system.
4882          (16) "Geothermal resource" means:
4883          (a) the natural heat of the earth at temperatures greater than 120 degrees centigrade;
4884     and
4885          (b) the energy, in whatever form, including pressure, present in, resulting from, created
4886     by, or which may be extracted from that natural heat, directly or through a material medium.
4887          (17) (a) "Goodwill" means:
4888          (i) acquired goodwill that is reported as goodwill on the books and records that a
4889     taxpayer maintains for financial reporting purposes; or
4890          (ii) the ability of a business to:
4891          (A) generate income that exceeds a normal rate of return on assets and that results from
4892     a factor described in Subsection (17)(b); or
4893          (B) obtain an economic or competitive advantage resulting from a factor described in
4894     Subsection (17)(b).
4895          (b) The following factors apply to Subsection (17)(a)(ii):
4896          (i) superior management skills;
4897          (ii) reputation;
4898          (iii) customer relationships;
4899          (iv) patronage; or
4900          (v) a factor similar to Subsections (17)(b)(i) through (iv).
4901          (c) "Goodwill" does not include:

4902          (i) the intangible property described in Subsection (21)(a) or (b);
4903          (ii) locational attributes of real property, including:
4904          (A) zoning;
4905          (B) location;
4906          (C) view;
4907          (D) a geographic feature;
4908          (E) an easement;
4909          (F) a covenant;
4910          (G) proximity to raw materials;
4911          (H) the condition of surrounding property; or
4912          (I) proximity to markets;
4913          (iii) value attributable to the identification of an improvement to real property,
4914     including:
4915          (A) reputation of the designer, builder, or architect of the improvement;
4916          (B) a name given to, or associated with, the improvement; or
4917          (C) the historic significance of an improvement; or
4918          (iv) the enhancement or assemblage value specifically attributable to the interrelation
4919     of the existing tangible property in place working together as a unit.
4920          (18) "Governing body" means:
4921          (a) for a county, city, or town, the legislative body of the county, city, or town;
4922          (b) for a local district under Title 17B, Limited Purpose Local Government Entities -
4923     Local Districts, the local district's board of trustees;
4924          (c) for a school district, the local board of education; or
4925          (d) for a special service district under Title 17D, Chapter 1, Special Service District
4926     Act:
4927          (i) the legislative body of the county or municipality that created the special service
4928     district, to the extent that the county or municipal legislative body has not delegated authority
4929     to an administrative control board established under Section 17D-1-301; or

4930          (ii) the administrative control board, to the extent that the county or municipal
4931     legislative body has delegated authority to an administrative control board established under
4932     Section 17D-1-301.
4933          (19) (a) For purposes of Section 59-2-103:
4934          (i) "household" means the association of individuals who live in the same dwelling,
4935     sharing its furnishings, facilities, accommodations, and expenses; and
4936          (ii) "household" includes married individuals, who are not legally separated, that have
4937     established domiciles at separate locations within the state.
4938          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4939     commission may make rules defining the term "domicile."
4940          (20) (a) Except as provided in Subsection (20)(c), "improvement" means a building,
4941     structure, fixture, fence, or other item that is permanently attached to land, regardless of
4942     whether the title has been acquired to the land, if:
4943          (i) (A) attachment to land is essential to the operation or use of the item; and
4944          (B) the manner of attachment to land suggests that the item will remain attached to the
4945     land in the same place over the useful life of the item; or
4946          (ii) removal of the item would:
4947          (A) cause substantial damage to the item; or
4948          (B) require substantial alteration or repair of a structure to which the item is attached.
4949          (b) "Improvement" includes:
4950          (i) an accessory to an item described in Subsection (20)(a) if the accessory is:
4951          (A) essential to the operation of the item described in Subsection (20)(a); and
4952          (B) installed solely to serve the operation of the item described in Subsection (20)(a);
4953     and
4954          (ii) an item described in Subsection (20)(a) that is temporarily detached from the land
4955     for repairs and remains located on the land.
4956          (c) "Improvement" does not include:
4957          (i) an item considered to be personal property pursuant to rules made in accordance

4958     with Section 59-2-107;
4959          (ii) a moveable item that is attached to land for stability only or for an obvious
4960     temporary purpose;
4961          (iii) (A) manufacturing equipment and machinery; or
4962          (B) essential accessories to manufacturing equipment and machinery;
4963          (iv) an item attached to the land in a manner that facilitates removal without substantial
4964     damage to the land or the item; or
4965          (v) a transportable factory-built housing unit as defined in Section 59-2-1502 if that
4966     transportable factory-built housing unit is considered to be personal property under Section
4967     59-2-1503.
4968          (21) "Intangible property" means:
4969          (a) property that is capable of private ownership separate from tangible property,
4970     including:
4971          (i) money;
4972          (ii) credits;
4973          (iii) bonds;
4974          (iv) stocks;
4975          (v) representative property;
4976          (vi) franchises;
4977          (vii) licenses;
4978          (viii) trade names;
4979          (ix) copyrights; and
4980          (x) patents;
4981          (b) a low-income housing tax credit;
4982          (c) goodwill; or
4983          (d) a renewable energy tax credit or incentive, including:
4984          (i) a federal renewable energy production tax credit under Section 45, Internal Revenue
4985     Code;

4986          (ii) a federal energy credit for qualified renewable electricity production facilities under
4987     Section 48, Internal Revenue Code;
4988          (iii) a federal grant for a renewable energy property under American Recovery and
4989     Reinvestment Act of 2009, Pub. L. No. 111-5, Section 1603; and
4990          (iv) a tax credit under Subsection 59-7-614(5).
4991          (22) "Livestock" means:
4992          (a) a domestic animal;
4993          (b) a fish;
4994          (c) a fur-bearing animal;
4995          (d) a honeybee; or
4996          (e) poultry.
4997          (23) "Low-income housing tax credit" means:
4998          (a) a federal low-income housing tax credit under Section 42, Internal Revenue Code;
4999     or
5000          (b) a low-income housing tax credit under Section 59-7-607 or Section 59-10-1010.
5001          (24) "Metalliferous minerals" includes gold, silver, copper, lead, zinc, and uranium.
5002          (25) "Mine" means a natural deposit of either metalliferous or nonmetalliferous
5003     valuable mineral.
5004          (26) "Mining" means the process of producing, extracting, leaching, evaporating, or
5005     otherwise removing a mineral from a mine.
5006          (27) (a) "Mobile flight equipment" means tangible personal property that is owned or
5007     operated by an air charter service, air contract service, or airline and:
5008          (i) is capable of flight or is attached to an aircraft that is capable of flight; or
5009          (ii) is contained in an aircraft that is capable of flight if the tangible personal property
5010     is intended to be used:
5011          (A) during multiple flights;
5012          (B) during a takeoff, flight, or landing; and
5013          (C) as a service provided by an air charter service, air contract service, or airline.

5014          (b) (i) "Mobile flight equipment" does not include a spare part other than a spare
5015     engine that is rotated at regular intervals with an engine that is attached to the aircraft.
5016          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5017     commission may make rules defining the term "regular intervals."
5018          (28) "Nonmetalliferous minerals" includes, but is not limited to, oil, gas, coal, salts,
5019     sand, rock, gravel, and all carboniferous materials.
5020          (29) "Part-year residential property" means property that is not residential property on
5021     January 1 of a calendar year but becomes residential property after January 1 of the calendar
5022     year.
5023          (30) "Personal property" includes:
5024          (a) every class of property as defined in Subsection (31) that is the subject of
5025     ownership and is not real estate or an improvement;
5026          (b) any pipe laid in or affixed to land whether or not the ownership of the pipe is
5027     separate from the ownership of the underlying land, even if the pipe meets the definition of an
5028     improvement;
5029          (c) bridges and ferries;
5030          (d) livestock; and
5031          (e) outdoor advertising structures as defined in Section 72-7-502.
5032          (31) (a) "Property" means property that is subject to assessment and taxation according
5033     to its value.
5034          (b) "Property" does not include intangible property as defined in this section.
5035          (32) "Public utility" means:
5036          (a) for purposes of this chapter, the operating property of a railroad, gas corporation, oil
5037     or gas transportation or pipeline company, coal slurry pipeline company, electrical corporation,
5038     telephone corporation, sewerage corporation, or heat corporation where the company performs
5039     the service for, or delivers the commodity to, the public generally or companies serving the
5040     public generally, or in the case of a gas corporation or an electrical corporation, where the gas
5041     or electricity is sold or furnished to any member or consumers within the state for domestic,

5042     commercial, or industrial use; and
5043          (b) the operating property of any entity or person defined under Section 54-2-1 except
5044     water corporations.
5045          (33) (a) Subject to Subsection (33)(b), "qualifying exempt primary residential rental
5046     personal property" means household furnishings, furniture, and equipment that:
5047          (i) are used exclusively within a dwelling unit that is the primary residence of a tenant;
5048          (ii) are owned by the owner of the dwelling unit that is the primary residence of a
5049     tenant; and
5050          (iii) after applying the residential exemption described in Section 59-2-103, are exempt
5051     from taxation under this chapter in accordance with Subsection 59-2-1115(2).
5052          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5053     commission may by rule define the term "dwelling unit" for purposes of this Subsection (33)
5054     and Subsection (36).
5055          (34) "Real estate" or "real property" includes:
5056          (a) the possession of, claim to, ownership of, or right to the possession of land;
5057          (b) all mines, minerals, and quarries in and under the land, all timber belonging to
5058     individuals or corporations growing or being on the lands of this state or the United States, and
5059     all rights and privileges appertaining to these; and
5060          (c) improvements.
5061          (35) (a) "Relationship with an owner of the property's land surface rights" means a
5062     relationship described in Subsection 267(b), Internal Revenue Code, except that the term 25%
5063     shall be substituted for the term 50% in Subsection 267(b), Internal Revenue Code.
5064          (b) For purposes of determining if a relationship described in Subsection 267(b),
5065     Internal Revenue Code, exists, the ownership of stock shall be determined using the ownership
5066     rules in Subsection 267(c), Internal Revenue Code.
5067          (36) (a) Subject to Subsection (36)(b), "residential property," for purposes of the
5068     reductions and adjustments under this chapter, means any property used for residential
5069     purposes as a primary residence.

5070          (b) Subject to Subsection (36)(c), "residential property":
5071          (i) except as provided in Subsection (36)(b)(ii), includes household furnishings,
5072     furniture, and equipment if the household furnishings, furniture, and equipment are:
5073          (A) used exclusively within a dwelling unit that is the primary residence of a tenant;
5074     and
5075          (B) owned by the owner of the dwelling unit that is the primary residence of a tenant;
5076     and
5077          (ii) does not include property used for transient residential use.
5078          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5079     commission may by rule define the term "dwelling unit" for purposes of Subsection (33) and
5080     this Subsection (36).
5081          (37) "Split estate mineral rights owner" means a person that:
5082          (a) has a legal right to extract a mineral from property;
5083          (b) does not hold more than a 25% interest in:
5084          (i) the land surface rights of the property where the wellhead is located; or
5085          (ii) an entity with an ownership interest in the land surface rights of the property where
5086     the wellhead is located;
5087          (c) is not an entity in which the owner of the land surface rights of the property where
5088     the wellhead is located holds more than a 25% interest; and
5089          (d) does not have a relationship with an owner of the land surface rights of the property
5090     where the wellhead is located.
5091          (38) (a) "State-assessed commercial vehicle" means:
5092          (i) any commercial vehicle, trailer, or semitrailer that operates interstate or intrastate to
5093     transport passengers, freight, merchandise, or other property for hire; or
5094          (ii) any commercial vehicle, trailer, or semitrailer that operates interstate and transports
5095     the vehicle owner's goods or property in furtherance of the owner's commercial enterprise.
5096          (b) "State-assessed commercial vehicle" does not include vehicles used for hire that are
5097     specified in Subsection (9)(c) as county-assessed commercial vehicles.

5098          (39) "Subdivided lot" means a lot, parcel, or other division of land, that is a division of
5099     a base parcel.
5100          (40) "Taxable value" means fair market value less any applicable reduction allowed for
5101     residential property under Section 59-2-103.
5102          (41) "Tax area" means a geographic area created by the overlapping boundaries of one
5103     or more taxing entities.
5104          (42) "Taxing entity" means any county, city, town, school district, special taxing
5105     district, local district under Title 17B, Limited Purpose Local Government Entities - Local
5106     Districts, or other political subdivision of the state with the authority to levy a tax on property.
5107          (43) (a) "Tax roll" means a permanent record of the taxes charged on property, as
5108     extended on the assessment roll, and may be maintained on the same record or records as the
5109     assessment roll or may be maintained on a separate record properly indexed to the assessment
5110     roll.
5111          (b) "Tax roll" includes tax books, tax lists, and other similar materials.
5112          Section 69. Section 59-2-918.6 is amended to read:
5113          59-2-918.6. New and remaining school district budgets -- Advertisement -- Public
5114     hearing.
5115          (1) As used in this section, "existing school district," "new school district," and
5116     "remaining school district" are as defined in Section [53A-2-117] 53G-3-102.
5117          (2) For the first fiscal year in which a new school district created under Section
5118     [53A-2-118.1] 53G-3-302 assumes responsibility for providing student instruction, the new
5119     school district and the remaining school district or districts may not impose a property tax
5120     unless the district imposing the tax:
5121          (a) advertises its intention to do so in accordance with Subsection (3); and
5122          (b) holds a public hearing in accordance with Subsection (4).
5123          (3) The advertisement required by this section:
5124          (a) may be combined with the advertisement described in Section 59-2-919;
5125          (b) shall be at least 1/4 of a page in size and shall meet the type, placement, and

5126     frequency requirements established under Section 59-2-919; and
5127          (c) shall specify the date, time, and location of the public hearing at which the levy will
5128     be considered and shall set forth the total amount of the district's proposed property tax levy
5129     and the tax impact on an average residential and business property located within the taxing
5130     entity compared to the property tax levy imposed in the prior year by the existing school
5131     district.
5132          (4) (a) The date, time, and place of public hearings required by this section shall be
5133     included on the notice provided to property owners pursuant to Section 59-2-919.1.
5134          (b) If a final decision regarding the property tax levy is not made at the public hearing,
5135     the school district shall announce at the public hearing the scheduled time and place for
5136     consideration and adoption of the budget and property tax levies.
5137          Section 70. Section 59-2-919 is amended to read:
5138          59-2-919. Notice and public hearing requirements for certain tax increases --
5139     Exceptions.
5140          (1) As used in this section:
5141          (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
5142     generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
5143          (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
5144     revenue from:
5145          (i) eligible new growth as defined in Section 59-2-924; or
5146          (ii) personal property that is:
5147          (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
5148          (B) semiconductor manufacturing equipment.
5149          (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
5150     that begins on January 1 and ends on December 31.
5151          (d) "County executive calendar year taxing entity" means a calendar year taxing entity
5152     that operates under the county executive-council form of government described in Section
5153     17-52-504.

5154          (e) "Current calendar year" means the calendar year immediately preceding the
5155     calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
5156     calendar year taxing entity's certified tax rate.
5157          (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
5158     begins on July 1 and ends on June 30.
5159          (g) "Last year's property tax budgeted revenue" does not include revenue received by a
5160     taxing entity from a debt service levy voted on by the public.
5161          (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
5162     rate unless the taxing entity meets:
5163          (a) the requirements of this section that apply to the taxing entity; and
5164          (b) all other requirements as may be required by law.
5165          (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
5166     year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
5167     rate if the calendar year taxing entity:
5168          (i) 14 or more days before the date of the regular general election or municipal general
5169     election held in the current calendar year, states at a public meeting:
5170          (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
5171     calendar year taxing entity's certified tax rate;
5172          (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
5173     be generated by the proposed increase in the certified tax rate; and
5174          (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
5175     based on the proposed increase described in Subsection (3)(a)(i)(B);
5176          (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
5177     accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
5178     separate item on the meeting agenda that notifies the public that the calendar year taxing entity
5179     intends to make the statement described in Subsection (3)(a)(i);
5180          (iii) meets the advertisement requirements of Subsections (6) and (7) before the
5181     calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);

5182          (iv) provides notice by mail:
5183          (A) seven or more days before the regular general election or municipal general
5184     election held in the current calendar year; and
5185          (B) as provided in Subsection (3)(c); and
5186          (v) conducts a public hearing that is held:
5187          (A) in accordance with Subsections (8) and (9); and
5188          (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
5189          (b) (i) For a county executive calendar year taxing entity, the statement described in
5190     Subsection (3)(a)(i) shall be made by the:
5191          (A) county council;
5192          (B) county executive; or
5193          (C) both the county council and county executive.
5194          (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
5195     county council states a dollar amount of additional ad valorem tax revenue that is greater than
5196     the amount of additional ad valorem tax revenue previously stated by the county executive in
5197     accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
5198          (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
5199     county executive calendar year taxing entity conducts the public hearing under Subsection
5200     (3)(a)(v); and
5201          (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
5202     county executive calendar year taxing entity conducts the public hearing required by
5203     Subsection (3)(a)(v).
5204          (c) The notice described in Subsection (3)(a)(iv):
5205          (i) shall be mailed to each owner of property:
5206          (A) within the calendar year taxing entity; and
5207          (B) listed on the assessment roll;
5208          (ii) shall be printed on a separate form that:
5209          (A) is developed by the commission;

5210          (B) states at the top of the form, in bold upper-case type no smaller than 18 point
5211     "NOTICE OF PROPOSED TAX INCREASE"; and
5212          (C) may be mailed with the notice required by Section 59-2-1317;
5213          (iii) shall contain for each property described in Subsection (3)(c)(i):
5214          (A) the value of the property for the current calendar year;
5215          (B) the tax on the property for the current calendar year; and
5216          (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
5217     taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
5218     rate, the estimated tax on the property;
5219          (iv) shall contain the following statement:
5220          "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
5221     year]. This notice contains estimates of the tax on your property and the proposed tax increase
5222     on your property as a result of this tax increase. These estimates are calculated on the basis of
5223     [insert previous applicable calendar year] data. The actual tax on your property and proposed
5224     tax increase on your property may vary from this estimate.";
5225          (v) shall state the date, time, and place of the public hearing described in Subsection
5226     (3)(a)(v); and
5227          (vi) may contain other property tax information approved by the commission.
5228          (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
5229     calculate the estimated tax on property on the basis of:
5230          (i) data for the current calendar year; and
5231          (ii) the amount of additional ad valorem tax revenue stated in accordance with this
5232     section.
5233          (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
5234     that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
5235          (a) provides notice by meeting the advertisement requirements of Subsections (6) and
5236     (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
5237     taxing entity's annual budget is adopted; and

5238          (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
5239     fiscal year taxing entity's annual budget is adopted.
5240          (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
5241     of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
5242     the requirements of this section.
5243          (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
5244     (4) if:
5245          (i) Section [53A-17a-133] 53F-8-301 allows the taxing entity to levy a tax rate that
5246     exceeds that certified tax rate without having to comply with the notice provisions of this
5247     section; or
5248          (ii) the taxing entity:
5249          (A) budgeted less than $20,000 in ad valorem tax revenues for the previous fiscal year;
5250     and
5251          (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
5252     revenues.
5253          (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
5254     section shall be published:
5255          (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
5256     general circulation in the taxing entity;
5257          (ii) electronically in accordance with Section 45-1-101; and
5258          (iii) on the Utah Public Notice Website created in Section 63F-1-701.
5259          (b) The advertisement described in Subsection (6)(a)(i) shall:
5260          (i) be no less than 1/4 page in size;
5261          (ii) use type no smaller than 18 point; and
5262          (iii) be surrounded by a 1/4-inch border.
5263          (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
5264     portion of the newspaper where legal notices and classified advertisements appear.
5265          (d) It is the intent of the Legislature that:

5266          (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
5267     newspaper that is published at least one day per week; and
5268          (ii) the newspaper or combination of newspapers selected:
5269          (A) be of general interest and readership in the taxing entity; and
5270          (B) not be of limited subject matter.
5271          (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
5272          (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
5273     before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
5274     and
5275          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
5276     advertisement, which shall be seven or more days after the day the first advertisement is
5277     published, for the purpose of hearing comments regarding any proposed increase and to explain
5278     the reasons for the proposed increase.
5279          (ii) The advertisement described in Subsection (6)(a)(ii) shall:
5280          (A) be published two weeks before a taxing entity conducts a public hearing described
5281     in Subsection (3)(a)(v) or (4)(b); and
5282          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
5283     advertisement, which shall be seven or more days after the day the first advertisement is
5284     published, for the purpose of hearing comments regarding any proposed increase and to explain
5285     the reasons for the proposed increase.
5286          (f) If a fiscal year taxing entity's public hearing information is published by the county
5287     auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
5288     requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
5289     the advertisement once during the week before the fiscal year taxing entity conducts a public
5290     hearing at which the taxing entity's annual budget is discussed.
5291          (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
5292     advertisement shall be substantially as follows:
5293     
"NOTICE OF PROPOSED TAX INCREASE


5294     
(NAME OF TAXING ENTITY)

5295          The (name of the taxing entity) is proposing to increase its property tax revenue.
5296          •     The (name of the taxing entity) tax on a (insert the average value of a residence
5297     in the taxing entity rounded to the nearest thousand dollars) residence would
5298     increase from $______ to $________, which is $_______ per year.
5299          •     The (name of the taxing entity) tax on a (insert the value of a business having
5300     the same value as the average value of a residence in the taxing entity) business
5301     would increase from $________ to $_______, which is $______ per year.
5302          •     If the proposed budget is approved, (name of the taxing entity) would increase
5303     its property tax budgeted revenue by ___% above last year's property tax
5304     budgeted revenue excluding eligible new growth.
5305          All concerned citizens are invited to a public hearing on the tax increase.
5306     
PUBLIC HEARING

5307          Date/Time:     (date) (time)
5308          Location:     (name of meeting place and address of meeting place)
5309          To obtain more information regarding the tax increase, citizens may contact the (name
5310     of the taxing entity) at (phone number of taxing entity)."
5311          (7) The commission:
5312          (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
5313     Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
5314     two or more taxing entities; and
5315          (b) subject to Section 45-1-101, may authorize:
5316          (i) the use of a weekly newspaper:
5317          (A) in a county having both daily and weekly newspapers if the weekly newspaper
5318     would provide equal or greater notice to the taxpayer; and
5319          (B) if the county petitions the commission for the use of the weekly newspaper; or
5320          (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
5321     if:

5322          (A) the cost of the advertisement would cause undue hardship;
5323          (B) the direct notice is different and separate from that provided for in Section
5324     59-2-919.1; and
5325          (C) the taxing entity petitions the commission for the use of a commission approved
5326     direct notice.
5327          (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
5328     legislative body in which the fiscal year taxing entity is located of the date, time, and place of
5329     the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
5330          (B) A county that receives notice from a fiscal year taxing entity under Subsection
5331     (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
5332     of the public hearing described in Subsection (8)(a)(i)(A).
5333          (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
5334     year, notify the county legislative body in which the calendar year taxing entity is located of the
5335     date, time, and place of the first public hearing at which the calendar year taxing entity's annual
5336     budget will be discussed.
5337          (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be open to the
5338     public.
5339          (ii) The governing body of a taxing entity conducting a public hearing described in
5340     Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
5341     opportunity to present oral testimony within reasonable time limits.
5342          (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
5343     public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
5344     of another overlapping taxing entity in the same county.
5345          (ii) The taxing entities in which the power to set tax levies is vested in the same
5346     governing board or authority may consolidate the public hearings described in Subsection
5347     (3)(a)(v) or (4)(b) into one public hearing.
5348          (d) A county legislative body shall resolve any conflict in public hearing dates and
5349     times after consultation with each affected taxing entity.

5350          (e) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
5351     (4)(b) beginning at or after 6 p.m.
5352          (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
5353     valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
5354     entity shall announce at that public hearing the scheduled time and place of the next public
5355     meeting at which the taxing entity will consider budgeting the additional ad valorem tax
5356     revenue.
5357          (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
5358     of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
5359     tax revenue stated at a public meeting under Subsection (3)(a)(i).
5360          (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
5361     certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
5362     annual budget.
5363          Section 71. Section 59-2-924 is amended to read:
5364          59-2-924. Definitions -- Report of valuation of property to county auditor and
5365     commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax
5366     rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the
5367     commission.
5368          (1) As used in this section:
5369          (a) (i) "Ad valorem property tax revenue" means revenue collected in accordance with
5370     this chapter.
5371          (ii) "Ad valorem property tax revenue" does not include:
5372          (A) interest;
5373          (B) penalties;
5374          (C) collections from redemptions; or
5375          (D) revenue received by a taxing entity from personal property that is semiconductor
5376     manufacturing equipment assessed by a county assessor in accordance with Part 3, County
5377     Assessment.

5378          (b) (i) "Aggregate taxable value of all property taxed" means:
5379          (A) the aggregate taxable value of all real property a county assessor assesses in
5380     accordance with Part 3, County Assessment, for the current year;
5381          (B) the aggregate taxable value of all real and personal property the commission
5382     assesses in accordance with Part 2, Assessment of Property, for the current year; and
5383          (C) the aggregate year end taxable value of all personal property a county assessor
5384     assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls
5385     of the taxing entity.
5386          (ii) "Aggregate taxable value of all property taxed" does not include the aggregate year
5387     end taxable value of personal property that is:
5388          (A) semiconductor manufacturing equipment assessed by a county assessor in
5389     accordance with Part 3, County Assessment; and
5390          (B) contained on the prior year's tax rolls of the taxing entity.
5391          (c) "Centrally assessed benchmark value" means an amount equal to the highest year
5392     end taxable value of real and personal property the commission assesses in accordance with
5393     Part 2, Assessment of Property, for a previous calendar year that begins on or after January 1,
5394     2015, adjusted for taxable value attributable to:
5395          (i) an annexation to a taxing entity; or
5396          (ii) an incorrect allocation of taxable value of real or personal property the commission
5397     assesses in accordance with Part 2, Assessment of Property.
5398          (d) (i) "Centrally assessed new growth" means the greater of:
5399          (A) zero; or
5400          (B) the amount calculated by subtracting the centrally assessed benchmark value
5401     adjusted for prior year end incremental value from the taxable value of real and personal
5402     property the commission assesses in accordance with Part 2, Assessment of Property, for the
5403     current year, adjusted for current year incremental value.
5404          (ii) "Centrally assessed new growth" does not include a change in value as a result of a
5405     change in the method of apportioning the value prescribed by the Legislature, a court, or the

5406     commission in an administrative rule or administrative order.
5407          (e) "Certified tax rate" means a tax rate that will provide the same ad valorem property
5408     tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
5409          (f) "Eligible new growth" means the greater of:
5410          (i) zero; or
5411          (ii) the sum of:
5412          (A) locally assessed new growth;
5413          (B) centrally assessed new growth; and
5414          (C) project area new growth.
5415          (g) "Incremental value" means the same as that term is defined in Section 17C-1-102.
5416          (h) (i) "Locally assessed new growth" means the greater of:
5417          (A) zero; or
5418          (B) the amount calculated by subtracting the year end taxable value of real property the
5419     county assessor assesses in accordance with Part 3, County Assessment, for the previous year,
5420     adjusted for prior year end incremental value from the taxable value of real property the county
5421     assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted
5422     for current year incremental value.
5423          (ii) "Locally assessed new growth" does not include a change in:
5424          (A) value as a result of factoring in accordance with Section 59-2-704, reappraisal, or
5425     another adjustment;
5426          (B) assessed value based on whether a property is allowed a residential exemption for a
5427     primary residence under Section 59-2-103;
5428          (C) assessed value based on whether a property is assessed under Part 5, Farmland
5429     Assessment Act; or
5430          (D) assessed value based on whether a property is assessed under Part 17, Urban
5431     Farming Assessment Act.
5432          (i) "Project area" means the same as that term is defined in Section 17C-1-102.
5433          (j) "Project area new growth" means an amount equal to the incremental value that is

5434     no longer provided to an agency as tax increment.
5435          (2) Before June 1 of each year, the county assessor of each county shall deliver to the
5436     county auditor and the commission the following statements:
5437          (a) a statement containing the aggregate valuation of all taxable real property a county
5438     assessor assesses in accordance with Part 3, County Assessment, for each taxing entity; and
5439          (b) a statement containing the taxable value of all personal property a county assessor
5440     assesses in accordance with Part 3, County Assessment, from the prior year end values.
5441          (3) The county auditor shall, on or before June 8, transmit to the governing body of
5442     each taxing entity:
5443          (a) the statements described in Subsections (2)(a) and (b);
5444          (b) an estimate of the revenue from personal property;
5445          (c) the certified tax rate; and
5446          (d) all forms necessary to submit a tax levy request.
5447          (4) (a) Except as otherwise provided in this section, the certified tax rate shall be
5448     calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the
5449     prior year by the amount calculated under Subsection (4)(b).
5450          (b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall
5451     calculate an amount as follows:
5452          (i) calculate for the taxing entity the difference between:
5453          (A) the aggregate taxable value of all property taxed; and
5454          (B) any adjustments for current year incremental value;
5455          (ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount
5456     determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) by the
5457     average of the percentage net change in the value of taxable property for the equalization
5458     period for the three calendar years immediately preceding the current calendar year;
5459          (iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product
5460     of:
5461          (A) the amount calculated under Subsection (4)(b)(ii); and

5462          (B) the percentage of property taxes collected for the five calendar years immediately
5463     preceding the current calendar year; and
5464          (iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount
5465     determined by subtracting eligible new growth from the amount calculated under Subsection
5466     (4)(b)(iii).
5467          (5) A certified tax rate for a taxing entity described in this Subsection (5) shall be
5468     calculated as follows:
5469          (a) except as provided in Subsection (5)(b), for a new taxing entity, the certified tax
5470     rate is zero;
5471          (b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
5472          (i) in a county of the first, second, or third class, the levy imposed for municipal-type
5473     services under Sections 17-34-1 and 17-36-9; and
5474          (ii) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
5475     purposes and such other levies imposed solely for the municipal-type services identified in
5476     Section 17-34-1 and Subsection 17-36-3(22); and
5477          (c) for debt service voted on by the public, the certified tax rate is the actual levy
5478     imposed by that section, except that a certified tax rate for the following levies shall be
5479     calculated in accordance with Section 59-2-913 and this section:
5480          (i) a school levy provided for under Section [53A-16-113] 53F-8-303, [53A-17a-133]
5481     53F-8-301, or [53A-17a-164] 53F-8-302; and
5482          (ii) a levy to pay for the costs of state legislative mandates or judicial or administrative
5483     orders under Section 59-2-1602.
5484          (6) (a) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 may be
5485     imposed at a rate that is sufficient to generate only the revenue required to satisfy one or more
5486     eligible judgments.
5487          (b) The ad valorem property tax revenue generated by a judgment levy described in
5488     Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax
5489     rate.

5490          (7) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
5491          (i) the taxable value of real property:
5492          (A) the county assessor assesses in accordance with Part 3, County Assessment; and
5493          (B) contained on the assessment roll;
5494          (ii) the year end taxable value of personal property:
5495          (A) a county assessor assesses in accordance with Part 3, County Assessment; and
5496          (B) contained on the prior year's assessment roll; and
5497          (iii) the taxable value of real and personal property the commission assesses in
5498     accordance with Part 2, Assessment of Property.
5499          (b) For purposes of Subsection (7)(a), taxable value does not include eligible new
5500     growth.
5501          (8) (a) On or before June 22, a taxing entity shall annually adopt a tentative budget.
5502          (b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall
5503     notify the county auditor of:
5504          (i) the taxing entity's intent to exceed the certified tax rate; and
5505          (ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
5506          (c) The county auditor shall notify property owners of any intent to levy a tax rate that
5507     exceeds the certified tax rate in accordance with Sections 59-2-919 and 59-2-919.1.
5508          (9) (a) Subject to Subsection (9)(d), the commission shall provide notice, through
5509     electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim
5510     Committee if:
5511          (i) the amount calculated under Subsection (9)(b) is 10% or more of the year end
5512     taxable value of the real and personal property the commission assesses in accordance with
5513     Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental
5514     value; and
5515          (ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end
5516     taxable value of the real and personal property of a taxpayer the commission assesses in
5517     accordance with Part 2, Assessment of Property, for the previous year.

5518          (b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by
5519     subtracting the taxable value of real and personal property the commission assesses in
5520     accordance with Part 2, Assessment of Property, for the current year, adjusted for current year
5521     incremental value, from the year end taxable value of the real and personal property the
5522     commission assesses in accordance with Part 2, Assessment of Property, for the previous year,
5523     adjusted for prior year end incremental value.
5524          (c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by
5525     subtracting the total taxable value of real and personal property of a taxpayer the commission
5526     assesses in accordance with Part 2, Assessment of Property, for the current year, from the total
5527     year end taxable value of the real and personal property of a taxpayer the commission assesses
5528     in accordance with Part 2, Assessment of Property, for the previous year.
5529          (d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet
5530     the requirement under Subsection (9)(a)(ii).
5531          Section 72. Section 59-2-926 is amended to read:
5532          59-2-926. Proposed tax increase by state -- Notice -- Contents -- Dates.
5533          If the state authorizes a levy pursuant to Section [53A-17a-135] 53F-2-301 that exceeds
5534     the certified revenue levy as defined in Section [53A-17a-103] 53F-2-102 or authorizes a levy
5535     pursuant to Section 59-2-1602 that exceeds the certified revenue levy as defined in Section
5536     59-2-102, the state shall publish a notice no later than 10 days after the last day of the annual
5537     legislative general session that meets the following requirements:
5538          (1) (a) The Office of the Legislative Fiscal Analyst shall advertise that the state
5539     authorized a levy that generates revenue in excess of the previous year's ad valorem tax
5540     revenue, plus eligible new growth as defined in Section 59-2-924, but exclusive of revenue
5541     from collections from redemptions, interest, and penalties:
5542          (i) in a newspaper of general circulation in the state; and
5543          (ii) as required in Section 45-1-101.
5544          (b) Except an advertisement published on a website, the advertisement described in
5545     Subsection (1)(a):

5546          (i) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
5547     point, and surrounded by a 1/4-inch border;
5548          (ii) may not be placed in that portion of the newspaper where legal notices and
5549     classified advertisements appear; and
5550          (iii) shall be run once.
5551          (2) The form and content of the notice shall be substantially as follows:
5552     
"NOTICE OF TAX INCREASE

5553          The state has budgeted an increase in its property tax revenue from $__________ to
5554     $__________ or ____%. The increase in property tax revenues will come from the following
5555     sources (include all of the following provisions):
5556          (a) $__________ of the increase will come from (provide an explanation of the cause
5557     of adjustment or increased revenues, such as reappraisals or factoring orders);
5558          (b) $__________ of the increase will come from natural increases in the value of the
5559     tax base due to (explain cause of eligible new growth, such as new building activity,
5560     annexation, etc.);
5561          (c) a home valued at $100,000 in the state of Utah which based on last year's (levy for
5562     the basic state-supported school program, levy for the Property Tax Valuation Agency Fund, or
5563     both) paid $____________ in property taxes would pay the following:
5564          (i) $__________ if the state of Utah did not budget an increase in property tax revenue
5565     exclusive of eligible new growth; and
5566          (ii) $__________ under the increased property tax revenues exclusive of eligible new
5567     growth budgeted by the state of Utah."
5568          Section 73. Section 59-2-1101 is amended to read:
5569          59-2-1101. Definitions -- Exemption of certain property -- Proportional payments
5570     for certain property -- County legislative body authority to adopt rules or ordinances.
5571          (1) As used in this section:
5572          (a) "Educational purposes" includes:
5573          (i) the physical or mental teaching, training, or conditioning of competitive athletes by

5574     a national governing body of sport recognized by the United States Olympic Committee that
5575     qualifies as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
5576          (ii) an activity in support of or incidental to the teaching, training, or conditioning
5577     described in Subsection (1)(a)(i).
5578          (b) "Exclusive use exemption" means a property tax exemption under Subsection
5579     (3)(a)(iv), for property owned by a nonprofit entity used exclusively for religious, charitable, or
5580     educational purposes.
5581          (c) "Government exemption" means a property tax exemption provided under
5582     Subsection (3)(a)(i), (ii), or (iii).
5583          (d) "Nonprofit entity" includes an entity if the:
5584          (i) entity is treated as a disregarded entity for federal income tax purposes;
5585          (ii) entity is wholly owned by, and controlled under the direction of, a nonprofit entity;
5586     and
5587          (iii) net earnings and profits of the entity irrevocably inure to the benefit of a nonprofit
5588     entity.
5589          (e) "Tax relief" means an exemption, deferral, or abatement that is authorized by this
5590     part.
5591          (2) (a) Except as provided in Subsection (2)(b) or (c), tax relief may be allowed only if
5592     the claimant is the owner of the property as of January 1 of the year the exemption is claimed.
5593          (b) Notwithstanding Subsection (2)(a), a claimant shall collect and pay a proportional
5594     tax based upon the length of time that the property was not owned by the claimant if:
5595          (i) the claimant is a federal, state, or political subdivision entity described in
5596     Subsection (3)(a)(i), (ii), or (iii); or
5597          (ii) pursuant to Subsection (3)(a)(iv):
5598          (A) the claimant is a nonprofit entity; and
5599          (B) the property is used exclusively for religious, charitable, or educational purposes.
5600          (c) Subsection (2)(a) does not apply to an exemption under Section 59-2-1104.
5601          (3) (a) The following property is exempt from taxation:

5602          (i) property exempt under the laws of the United States;
5603          (ii) property of:
5604          (A) the state;
5605          (B) school districts; and
5606          (C) public libraries;
5607          (iii) except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property of:
5608          (A) counties;
5609          (B) cities;
5610          (C) towns;
5611          (D) local districts;
5612          (E) special service districts; and
5613          (F) all other political subdivisions of the state;
5614          (iv) property owned by a nonprofit entity used exclusively for religious, charitable, or
5615     educational purposes;
5616          (v) places of burial not held or used for private or corporate benefit;
5617          (vi) farm machinery and equipment;
5618          (vii) a high tunnel, as defined in Section 10-9a-525;
5619          (viii) intangible property; and
5620          (ix) the ownership interest of an out-of-state public agency, as defined in Section
5621     11-13-103:
5622          (A) if that ownership interest is in property providing additional project capacity, as
5623     defined in Section 11-13-103; and
5624          (B) on which a fee in lieu of ad valorem property tax is payable under Section
5625     11-13-302.
5626          (b) For purposes of a property tax exemption for property of school districts under
5627     Subsection (3)(a)(ii)(B), a charter school under [Title 53A, Chapter 1a, Part 5, The Utah
5628     Charter Schools Act] Title 53G, Chapter 5, Charter Schools, is considered to be a school
5629     district.

5630          (4) Subject to Subsection (5), if property that is allowed an exclusive use exemption or
5631     a government exemption ceases to qualify for the exemption because of a change in the
5632     ownership of the property:
5633          (a) the new owner of the property shall pay a proportional tax based upon the period of
5634     time:
5635          (i) beginning on the day that the new owner acquired the property; and
5636          (ii) ending on the last day of the calendar year during which the new owner acquired
5637     the property; and
5638          (b) the new owner of the property and the person from whom the new owner acquires
5639     the property shall notify the county assessor, in writing, of the change in ownership of the
5640     property within 30 days from the day that the new owner acquires the property.
5641          (5) Notwithstanding Subsection (4)(a), the proportional tax described in Subsection
5642     (4)(a):
5643          (a) is subject to any exclusive use exemption or government exemption that the
5644     property is entitled to under the new ownership of the property; and
5645          (b) applies only to property that is acquired after December 31, 2005.
5646          (6) A county legislative body may adopt rules or ordinances to:
5647          (a) effectuate the exemptions, deferrals, abatements, or other relief from taxation
5648     provided in this part; and
5649          (b) designate one or more persons to perform the functions given the county under this
5650     part.
5651          Section 74. Section 59-10-1018 is amended to read:
5652          59-10-1018. Definitions -- Nonrefundable taxpayer tax credits.
5653          (1) As used in this section:
5654          (a) "Dependent adult with a disability" means an individual who:
5655          (i) a claimant claims as a dependent under Section 151, Internal Revenue Code, on the
5656     claimant's federal individual income tax return for the taxable year;
5657          (ii) is not the claimant or the claimant's spouse; and

5658          (iii) is:
5659          (A) 18 years of age or older;
5660          (B) eligible for services under Title 62A, Chapter 5, Services for People with
5661     Disabilities; and
5662          (C) not enrolled in an education program for students with disabilities that is
5663     authorized under Section [53A-15-301] 53E-7-202.
5664          (b) "Dependent child with a disability" means an individual 21 years of age or younger
5665     who:
5666          (i) a claimant claims as a dependent under Section 151, Internal Revenue Code, on the
5667     claimant's federal individual income tax return for the taxable year;
5668          (ii) is not the claimant or the claimant's spouse; and
5669          (iii) is:
5670          (A) an eligible student with a disability; or
5671          (B) identified under guidelines of the Department of Health as qualified for Early
5672     Intervention or Infant Development Services.
5673          (c) "Eligible student with a disability" means an individual who is:
5674          (i) diagnosed by a school district representative under rules the State Board of
5675     Education adopts in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
5676     Act, as having a disability classified as autism, deafness, preschool developmental delay, dual
5677     sensory impairment, hearing impairment, intellectual disability, multidisability, orthopedic
5678     impairment, other health impairment, traumatic brain injury, or visual impairment;
5679          (ii) not receiving residential services from the Division of Services for People with
5680     Disabilities created under Section 62A-5-102 or a school established under [Title 53A, Chapter
5681     25b, Utah Schools for the Deaf and the Blind] Title 53E, Chapter 8, Utah Schools for the Deaf
5682     and the Blind; and
5683          (iii) (A) enrolled in an education program for students with disabilities that is
5684     authorized under Section [53A-15-301] 53E-7-202; or
5685          (B) a recipient of a scholarship awarded under [Title 53A, Chapter 1a, Part 7, Carson

5686     Smith Scholarships for Students with Special Needs Act] Title 53F, Chapter 4, Part 3, Carson
5687     Smith Scholarship Program.
5688          (d) "Head of household filing status" means a head of household, as defined in Section
5689     2(b), Internal Revenue Code, who files a single federal individual income tax return for the
5690     taxable year.
5691          (e) "Joint filing status" means:
5692          (i) a husband and wife who file a single return jointly under this chapter for a taxable
5693     year; or
5694          (ii) a surviving spouse, as defined in Section 2(a), Internal Revenue Code, who files a
5695     single federal individual income tax return for the taxable year.
5696          (f) "Single filing status" means:
5697          (i) a single individual who files a single federal individual income tax return for the
5698     taxable year; or
5699          (ii) a married individual who:
5700          (A) does not file a single federal individual income tax return jointly with that married
5701     individual's spouse for the taxable year; and
5702          (B) files a single federal individual income tax return for the taxable year.
5703          (2) Except as provided in Section 59-10-1002.2, and subject to Subsections (3) through
5704     (5), a claimant may claim a nonrefundable tax credit against taxes otherwise due under this part
5705     equal to the sum of:
5706          (a) (i) for a claimant that deducts the standard deduction on the claimant's federal
5707     individual income tax return for the taxable year, 6% of the amount the claimant deducts as
5708     allowed as the standard deduction on the claimant's federal individual income tax return for
5709     that taxable year; or
5710          (ii) for a claimant that itemizes deductions on the claimant's federal individual income
5711     tax return for the taxable year, the product of:
5712          (A) the difference between:
5713          (I) the amount the claimant deducts as allowed as an itemized deduction on the

5714     claimant's federal individual income tax return for that taxable year; and
5715          (II) any amount of state or local income taxes the claimant deducts as allowed as an
5716     itemized deduction on the claimant's federal individual income tax return for that taxable year;
5717     and
5718          (B) 6%; and
5719          (b) the product of:
5720          (i) 75% of the total amount the claimant deducts as allowed as a personal exemption
5721     deduction on the claimant's federal individual income tax return for that taxable year, plus an
5722     additional 75% of the amount the claimant deducts as allowed as a personal exemption
5723     deduction on the claimant's federal individual income tax return for that taxable year with
5724     respect to each dependent adult with a disability or dependent child with a disability; and
5725          (ii) 6%.
5726          (3) A claimant may not carry forward or carry back a tax credit under this section.
5727          (4) The tax credit allowed by Subsection (2) shall be reduced by $.013 for each dollar
5728     by which a claimant's state taxable income exceeds:
5729          (a) for a claimant who has a single filing status, $12,000;
5730          (b) for a claimant who has a head of household filing status, $18,000; or
5731          (c) for a claimant who has a joint filing status, $24,000.
5732          (5) (a) For taxable years beginning on or after January 1, 2009, the commission shall
5733     increase or decrease the following dollar amounts by a percentage equal to the percentage
5734     difference between the consumer price index for the preceding calendar year and the consumer
5735     price index for calendar year 2007:
5736          (i) the dollar amount listed in Subsection (4)(a); and
5737          (ii) the dollar amount listed in Subsection (4)(b).
5738          (b) After the commission increases or decreases the dollar amounts listed in Subsection
5739     (5)(a), the commission shall round those dollar amounts listed in Subsection (5)(a) to the
5740     nearest whole dollar.
5741          (c) After the commission rounds the dollar amounts as required by Subsection (5)(b),

5742     the commission shall increase or decrease the dollar amount listed in Subsection (4)(c) so that
5743     the dollar amount listed in Subsection (4)(c) is equal to the product of:
5744          (i) the dollar amount listed in Subsection (4)(a); and
5745          (ii) two.
5746          (d) For purposes of Subsection (5)(a), the commission shall calculate the consumer
5747     price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
5748          Section 75. Section 59-10-1307 is amended to read:
5749          59-10-1307. Contributions for education.
5750          (1) Except as provided in Section 59-10-1304, a resident or nonresident individual that
5751     files an individual income tax return under this chapter may designate on the resident or
5752     nonresident individual's individual income tax return a contribution as provided in this part to:
5753          (a) the foundation of any school district if that foundation is exempt from federal
5754     income taxation under Section 501(c)(3), Internal Revenue Code; or
5755          (b) a school district described in [Title 53A, Chapter 2, School Districts] Title 53G,
5756     Chapter 3, School District Creation and Change, if the school district has not established a
5757     foundation.
5758          (2) If a resident or nonresident individual designates an amount as a contribution
5759     under:
5760          (a) Subsection (1)(a), but does not designate a particular school district foundation to
5761     receive the contribution, the contribution shall be made to the State Board of Education to be
5762     distributed to one or more associations of foundations:
5763          (i) if those foundations that are members of the association are established in
5764     accordance with Section [53A-4-205] 53E-3-403; and
5765          (ii) as determined by the State Board of Education; or
5766          (b) Subsection (1)(b), but does not designate a particular school district to receive the
5767     contribution, the contribution shall be made to the State Board of Education.
5768          (3) The commission shall:
5769          (a) determine annually the total amount of contributions designated to each entity

5770     described in Subsection (1) in accordance with this section; and
5771          (b) subject to Subsection (2), credit the amounts described in Subsection (1) to the
5772     entities.
5773          Section 76. Section 59-10-1318 is amended to read:
5774          59-10-1318. Contribution to Invest More for Education Account.
5775          (1) Except as provided in Section 59-10-1304, a resident or nonresident individual that
5776     files an individual income tax return under this chapter may designate on the resident or
5777     nonresident individual's individual income tax return a contribution as provided in this section
5778     to be:
5779          (a) deposited into the Invest More for Education Account; and
5780          (b) expended as provided in Section [53A-16-115] 53F-9-205.
5781          (2) The commission shall:
5782          (a) determine the total amount of contributions designated in accordance with this
5783     section for a taxable year; and
5784          (b) credit the amount described in Subsection (2)(a) to the Invest More for Education
5785     Account created in Section [53A-16-115] 53F-9-205.
5786          Section 77. Section 59-12-102 is amended to read:
5787          59-12-102. Definitions.
5788          As used in this chapter:
5789          (1) "800 service" means a telecommunications service that:
5790          (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
5791          (b) is typically marketed:
5792          (i) under the name 800 toll-free calling;
5793          (ii) under the name 855 toll-free calling;
5794          (iii) under the name 866 toll-free calling;
5795          (iv) under the name 877 toll-free calling;
5796          (v) under the name 888 toll-free calling; or
5797          (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the

5798     Federal Communications Commission.
5799          (2) (a) "900 service" means an inbound toll telecommunications service that:
5800          (i) a subscriber purchases;
5801          (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
5802     the subscriber's:
5803          (A) prerecorded announcement; or
5804          (B) live service; and
5805          (iii) is typically marketed:
5806          (A) under the name 900 service; or
5807          (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
5808     Communications Commission.
5809          (b) "900 service" does not include a charge for:
5810          (i) a collection service a seller of a telecommunications service provides to a
5811     subscriber; or
5812          (ii) the following a subscriber sells to the subscriber's customer:
5813          (A) a product; or
5814          (B) a service.
5815          (3) (a) "Admission or user fees" includes season passes.
5816          (b) "Admission or user fees" does not include annual membership dues to private
5817     organizations.
5818          (4) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
5819     November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
5820     Agreement after November 12, 2002.
5821          (5) "Agreement combined tax rate" means the sum of the tax rates:
5822          (a) listed under Subsection (6); and
5823          (b) that are imposed within a local taxing jurisdiction.
5824          (6) "Agreement sales and use tax" means a tax imposed under:
5825          (a) Subsection 59-12-103(2)(a)(i)(A);

5826          (b) Subsection 59-12-103(2)(b)(i);
5827          (c) Subsection 59-12-103(2)(c)(i);
5828          (d) Subsection 59-12-103(2)(d)(i)(A)(I);
5829          (e) Section 59-12-204;
5830          (f) Section 59-12-401;
5831          (g) Section 59-12-402;
5832          (h) Section 59-12-402.1;
5833          (i) Section 59-12-703;
5834          (j) Section 59-12-802;
5835          (k) Section 59-12-804;
5836          (l) Section 59-12-1102;
5837          (m) Section 59-12-1302;
5838          (n) Section 59-12-1402;
5839          (o) Section 59-12-1802;
5840          (p) Section 59-12-2003;
5841          (q) Section 59-12-2103;
5842          (r) Section 59-12-2213;
5843          (s) Section 59-12-2214;
5844          (t) Section 59-12-2215;
5845          (u) Section 59-12-2216;
5846          (v) Section 59-12-2217;
5847          (w) Section 59-12-2218; or
5848          (x) Section 59-12-2219.
5849          (7) "Aircraft" means the same as that term is defined in Section 72-10-102.
5850          (8) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
5851          (a) except for:
5852          (i) an airline as defined in Section 59-2-102; or
5853          (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"

5854     includes a corporation that is qualified to do business but is not otherwise doing business in the
5855     state, of an airline; and
5856          (b) that has the workers, expertise, and facilities to perform the following, regardless of
5857     whether the business entity performs the following in this state:
5858          (i) check, diagnose, overhaul, and repair:
5859          (A) an onboard system of a fixed wing turbine powered aircraft; and
5860          (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
5861          (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
5862     engine;
5863          (iii) perform at least the following maintenance on a fixed wing turbine powered
5864     aircraft:
5865          (A) an inspection;
5866          (B) a repair, including a structural repair or modification;
5867          (C) changing landing gear; and
5868          (D) addressing issues related to an aging fixed wing turbine powered aircraft;
5869          (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
5870     completely apply new paint to the fixed wing turbine powered aircraft; and
5871          (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
5872     results in a change in the fixed wing turbine powered aircraft's certification requirements by the
5873     authority that certifies the fixed wing turbine powered aircraft.
5874          (9) "Alcoholic beverage" means a beverage that:
5875          (a) is suitable for human consumption; and
5876          (b) contains .5% or more alcohol by volume.
5877          (10) "Alternative energy" means:
5878          (a) biomass energy;
5879          (b) geothermal energy;
5880          (c) hydroelectric energy;
5881          (d) solar energy;

5882          (e) wind energy; or
5883          (f) energy that is derived from:
5884          (i) coal-to-liquids;
5885          (ii) nuclear fuel;
5886          (iii) oil-impregnated diatomaceous earth;
5887          (iv) oil sands;
5888          (v) oil shale;
5889          (vi) petroleum coke; or
5890          (vii) waste heat from:
5891          (A) an industrial facility; or
5892          (B) a power station in which an electric generator is driven through a process in which
5893     water is heated, turns into steam, and spins a steam turbine.
5894          (11) (a) Subject to Subsection (11)(b), "alternative energy electricity production
5895     facility" means a facility that:
5896          (i) uses alternative energy to produce electricity; and
5897          (ii) has a production capacity of two megawatts or greater.
5898          (b) A facility is an alternative energy electricity production facility regardless of
5899     whether the facility is:
5900          (i) connected to an electric grid; or
5901          (ii) located on the premises of an electricity consumer.
5902          (12) (a) "Ancillary service" means a service associated with, or incidental to, the
5903     provision of telecommunications service.
5904          (b) "Ancillary service" includes:
5905          (i) a conference bridging service;
5906          (ii) a detailed communications billing service;
5907          (iii) directory assistance;
5908          (iv) a vertical service; or
5909          (v) a voice mail service.

5910          (13) "Area agency on aging" means the same as that term is defined in Section
5911     62A-3-101.
5912          (14) "Assisted amusement device" means an amusement device, skill device, or ride
5913     device that is started and stopped by an individual:
5914          (a) who is not the purchaser or renter of the right to use or operate the amusement
5915     device, skill device, or ride device; and
5916          (b) at the direction of the seller of the right to use the amusement device, skill device,
5917     or ride device.
5918          (15) "Assisted cleaning or washing of tangible personal property" means cleaning or
5919     washing of tangible personal property if the cleaning or washing labor is primarily performed
5920     by an individual:
5921          (a) who is not the purchaser of the cleaning or washing of the tangible personal
5922     property; and
5923          (b) at the direction of the seller of the cleaning or washing of the tangible personal
5924     property.
5925          (16) "Authorized carrier" means:
5926          (a) in the case of vehicles operated over public highways, the holder of credentials
5927     indicating that the vehicle is or will be operated pursuant to both the International Registration
5928     Plan and the International Fuel Tax Agreement;
5929          (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
5930     certificate or air carrier's operating certificate; or
5931          (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
5932     stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
5933     stock in more than one state.
5934          (17) (a) Except as provided in Subsection (17)(b), "biomass energy" means any of the
5935     following that is used as the primary source of energy to produce fuel or electricity:
5936          (i) material from a plant or tree; or
5937          (ii) other organic matter that is available on a renewable basis, including:

5938          (A) slash and brush from forests and woodlands;
5939          (B) animal waste;
5940          (C) waste vegetable oil;
5941          (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
5942     wastewater residuals, or through the conversion of a waste material through a nonincineration,
5943     thermal conversion process;
5944          (E) aquatic plants; and
5945          (F) agricultural products.
5946          (b) "Biomass energy" does not include:
5947          (i) black liquor; or
5948          (ii) treated woods.
5949          (18) (a) "Bundled transaction" means the sale of two or more items of tangible personal
5950     property, products, or services if the tangible personal property, products, or services are:
5951          (i) distinct and identifiable; and
5952          (ii) sold for one nonitemized price.
5953          (b) "Bundled transaction" does not include:
5954          (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
5955     the basis of the selection by the purchaser of the items of tangible personal property included in
5956     the transaction;
5957          (ii) the sale of real property;
5958          (iii) the sale of services to real property;
5959          (iv) the retail sale of tangible personal property and a service if:
5960          (A) the tangible personal property:
5961          (I) is essential to the use of the service; and
5962          (II) is provided exclusively in connection with the service; and
5963          (B) the service is the true object of the transaction;
5964          (v) the retail sale of two services if:
5965          (A) one service is provided that is essential to the use or receipt of a second service;

5966          (B) the first service is provided exclusively in connection with the second service; and
5967          (C) the second service is the true object of the transaction;
5968          (vi) a transaction that includes tangible personal property or a product subject to
5969     taxation under this chapter and tangible personal property or a product that is not subject to
5970     taxation under this chapter if the:
5971          (A) seller's purchase price of the tangible personal property or product subject to
5972     taxation under this chapter is de minimis; or
5973          (B) seller's sales price of the tangible personal property or product subject to taxation
5974     under this chapter is de minimis; and
5975          (vii) the retail sale of tangible personal property that is not subject to taxation under
5976     this chapter and tangible personal property that is subject to taxation under this chapter if:
5977          (A) that retail sale includes:
5978          (I) food and food ingredients;
5979          (II) a drug;
5980          (III) durable medical equipment;
5981          (IV) mobility enhancing equipment;
5982          (V) an over-the-counter drug;
5983          (VI) a prosthetic device; or
5984          (VII) a medical supply; and
5985          (B) subject to Subsection (18)(f):
5986          (I) the seller's purchase price of the tangible personal property subject to taxation under
5987     this chapter is 50% or less of the seller's total purchase price of that retail sale; or
5988          (II) the seller's sales price of the tangible personal property subject to taxation under
5989     this chapter is 50% or less of the seller's total sales price of that retail sale.
5990          (c) (i) For purposes of Subsection (18)(a)(i), tangible personal property, a product, or a
5991     service that is distinct and identifiable does not include:
5992          (A) packaging that:
5993          (I) accompanies the sale of the tangible personal property, product, or service; and

5994          (II) is incidental or immaterial to the sale of the tangible personal property, product, or
5995     service;
5996          (B) tangible personal property, a product, or a service provided free of charge with the
5997     purchase of another item of tangible personal property, a product, or a service; or
5998          (C) an item of tangible personal property, a product, or a service included in the
5999     definition of "purchase price."
6000          (ii) For purposes of Subsection (18)(c)(i)(B), an item of tangible personal property, a
6001     product, or a service is provided free of charge with the purchase of another item of tangible
6002     personal property, a product, or a service if the sales price of the purchased item of tangible
6003     personal property, product, or service does not vary depending on the inclusion of the tangible
6004     personal property, product, or service provided free of charge.
6005          (d) (i) For purposes of Subsection (18)(a)(ii), property sold for one nonitemized price
6006     does not include a price that is separately identified by tangible personal property, product, or
6007     service on the following, regardless of whether the following is in paper format or electronic
6008     format:
6009          (A) a binding sales document; or
6010          (B) another supporting sales-related document that is available to a purchaser.
6011          (ii) For purposes of Subsection (18)(d)(i), a binding sales document or another
6012     supporting sales-related document that is available to a purchaser includes:
6013          (A) a bill of sale;
6014          (B) a contract;
6015          (C) an invoice;
6016          (D) a lease agreement;
6017          (E) a periodic notice of rates and services;
6018          (F) a price list;
6019          (G) a rate card;
6020          (H) a receipt; or
6021          (I) a service agreement.

6022          (e) (i) For purposes of Subsection (18)(b)(vi), the sales price of tangible personal
6023     property or a product subject to taxation under this chapter is de minimis if:
6024          (A) the seller's purchase price of the tangible personal property or product is 10% or
6025     less of the seller's total purchase price of the bundled transaction; or
6026          (B) the seller's sales price of the tangible personal property or product is 10% or less of
6027     the seller's total sales price of the bundled transaction.
6028          (ii) For purposes of Subsection (18)(b)(vi), a seller:
6029          (A) shall use the seller's purchase price or the seller's sales price to determine if the
6030     purchase price or sales price of the tangible personal property or product subject to taxation
6031     under this chapter is de minimis; and
6032          (B) may not use a combination of the seller's purchase price and the seller's sales price
6033     to determine if the purchase price or sales price of the tangible personal property or product
6034     subject to taxation under this chapter is de minimis.
6035          (iii) For purposes of Subsection (18)(b)(vi), a seller shall use the full term of a service
6036     contract to determine if the sales price of tangible personal property or a product is de minimis.
6037          (f) For purposes of Subsection (18)(b)(vii)(B), a seller may not use a combination of
6038     the seller's purchase price and the seller's sales price to determine if tangible personal property
6039     subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
6040     price of that retail sale.
6041          (19) "Certified automated system" means software certified by the governing board of
6042     the agreement that:
6043          (a) calculates the agreement sales and use tax imposed within a local taxing
6044     jurisdiction:
6045          (i) on a transaction; and
6046          (ii) in the states that are members of the agreement;
6047          (b) determines the amount of agreement sales and use tax to remit to a state that is a
6048     member of the agreement; and
6049          (c) maintains a record of the transaction described in Subsection (19)(a)(i).

6050          (20) "Certified service provider" means an agent certified:
6051          (a) by the governing board of the agreement; and
6052          (b) to perform all of a seller's sales and use tax functions for an agreement sales and
6053     use tax other than the seller's obligation under Section 59-12-124 to remit a tax on the seller's
6054     own purchases.
6055          (21) (a) Subject to Subsection (21)(b), "clothing" means all human wearing apparel
6056     suitable for general use.
6057          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6058     commission shall make rules:
6059          (i) listing the items that constitute "clothing"; and
6060          (ii) that are consistent with the list of items that constitute "clothing" under the
6061     agreement.
6062          (22) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
6063          (23) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
6064     fuels that does not constitute industrial use under Subsection (56) or residential use under
6065     Subsection (106).
6066          (24) (a) "Common carrier" means a person engaged in or transacting the business of
6067     transporting passengers, freight, merchandise, or other property for hire within this state.
6068          (b) (i) "Common carrier" does not include a person who, at the time the person is
6069     traveling to or from that person's place of employment, transports a passenger to or from the
6070     passenger's place of employment.
6071          (ii) For purposes of Subsection (24)(b)(i), in accordance with Title 63G, Chapter 3,
6072     Utah Administrative Rulemaking Act, the commission may make rules defining what
6073     constitutes a person's place of employment.
6074          (c) "Common carrier" does not include a person that provides transportation network
6075     services, as defined in Section 13-51-102.
6076          (25) "Component part" includes:
6077          (a) poultry, dairy, and other livestock feed, and their components;

6078          (b) baling ties and twine used in the baling of hay and straw;
6079          (c) fuel used for providing temperature control of orchards and commercial
6080     greenhouses doing a majority of their business in wholesale sales, and for providing power for
6081     off-highway type farm machinery; and
6082          (d) feed, seeds, and seedlings.
6083          (26) "Computer" means an electronic device that accepts information:
6084          (a) (i) in digital form; or
6085          (ii) in a form similar to digital form; and
6086          (b) manipulates that information for a result based on a sequence of instructions.
6087          (27) "Computer software" means a set of coded instructions designed to cause:
6088          (a) a computer to perform a task; or
6089          (b) automatic data processing equipment to perform a task.
6090          (28) "Computer software maintenance contract" means a contract that obligates a seller
6091     of computer software to provide a customer with:
6092          (a) future updates or upgrades to computer software;
6093          (b) support services with respect to computer software; or
6094          (c) a combination of Subsections (28)(a) and (b).
6095          (29) (a) "Conference bridging service" means an ancillary service that links two or
6096     more participants of an audio conference call or video conference call.
6097          (b) "Conference bridging service" may include providing a telephone number as part of
6098     the ancillary service described in Subsection (29)(a).
6099          (c) "Conference bridging service" does not include a telecommunications service used
6100     to reach the ancillary service described in Subsection (29)(a).
6101          (30) "Construction materials" means any tangible personal property that will be
6102     converted into real property.
6103          (31) "Delivered electronically" means delivered to a purchaser by means other than
6104     tangible storage media.
6105          (32) (a) "Delivery charge" means a charge:

6106          (i) by a seller of:
6107          (A) tangible personal property;
6108          (B) a product transferred electronically; or
6109          (C) services; and
6110          (ii) for preparation and delivery of the tangible personal property, product transferred
6111     electronically, or services described in Subsection (32)(a)(i) to a location designated by the
6112     purchaser.
6113          (b) "Delivery charge" includes a charge for the following:
6114          (i) transportation;
6115          (ii) shipping;
6116          (iii) postage;
6117          (iv) handling;
6118          (v) crating; or
6119          (vi) packing.
6120          (33) "Detailed telecommunications billing service" means an ancillary service of
6121     separately stating information pertaining to individual calls on a customer's billing statement.
6122          (34) "Dietary supplement" means a product, other than tobacco, that:
6123          (a) is intended to supplement the diet;
6124          (b) contains one or more of the following dietary ingredients:
6125          (i) a vitamin;
6126          (ii) a mineral;
6127          (iii) an herb or other botanical;
6128          (iv) an amino acid;
6129          (v) a dietary substance for use by humans to supplement the diet by increasing the total
6130     dietary intake; or
6131          (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
6132     described in Subsections (34)(b)(i) through (v);
6133          (c) (i) except as provided in Subsection (34)(c)(ii), is intended for ingestion in:

6134          (A) tablet form;
6135          (B) capsule form;
6136          (C) powder form;
6137          (D) softgel form;
6138          (E) gelcap form; or
6139          (F) liquid form; or
6140          (ii) if the product is not intended for ingestion in a form described in Subsections
6141     (34)(c)(i)(A) through (F), is not represented:
6142          (A) as conventional food; and
6143          (B) for use as a sole item of:
6144          (I) a meal; or
6145          (II) the diet; and
6146          (d) is required to be labeled as a dietary supplement:
6147          (i) identifiable by the "Supplemental Facts" box found on the label; and
6148          (ii) as required by 21 C.F.R. Sec. 101.36.
6149          (35) "Digital audio-visual work" means a series of related images which, when shown
6150     in succession, imparts an impression of motion, together with accompanying sounds, if any.
6151          (36) (a) "Digital audio work" means a work that results from the fixation of a series of
6152     musical, spoken, or other sounds.
6153          (b) "Digital audio work" includes a ringtone.
6154          (37) "Digital book" means a work that is generally recognized in the ordinary and usual
6155     sense as a book.
6156          (38) (a) "Direct mail" means printed material delivered or distributed by United States
6157     mail or other delivery service:
6158          (i) to:
6159          (A) a mass audience; or
6160          (B) addressees on a mailing list provided:
6161          (I) by a purchaser of the mailing list; or

6162          (II) at the discretion of the purchaser of the mailing list; and
6163          (ii) if the cost of the printed material is not billed directly to the recipients.
6164          (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
6165     purchaser to a seller of direct mail for inclusion in a package containing the printed material.
6166          (c) "Direct mail" does not include multiple items of printed material delivered to a
6167     single address.
6168          (39) "Directory assistance" means an ancillary service of providing:
6169          (a) address information; or
6170          (b) telephone number information.
6171          (40) (a) "Disposable home medical equipment or supplies" means medical equipment
6172     or supplies that:
6173          (i) cannot withstand repeated use; and
6174          (ii) are purchased by, for, or on behalf of a person other than:
6175          (A) a health care facility as defined in Section 26-21-2;
6176          (B) a health care provider as defined in Section 78B-3-403;
6177          (C) an office of a health care provider described in Subsection (40)(a)(ii)(B); or
6178          (D) a person similar to a person described in Subsections (40)(a)(ii)(A) through (C).
6179          (b) "Disposable home medical equipment or supplies" does not include:
6180          (i) a drug;
6181          (ii) durable medical equipment;
6182          (iii) a hearing aid;
6183          (iv) a hearing aid accessory;
6184          (v) mobility enhancing equipment; or
6185          (vi) tangible personal property used to correct impaired vision, including:
6186          (A) eyeglasses; or
6187          (B) contact lenses.
6188          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6189     commission may by rule define what constitutes medical equipment or supplies.

6190          (41) "Drilling equipment manufacturer" means a facility:
6191          (a) located in the state;
6192          (b) with respect to which 51% or more of the manufacturing activities of the facility
6193     consist of manufacturing component parts of drilling equipment;
6194          (c) that uses pressure of 800,000 or more pounds per square inch as part of the
6195     manufacturing process; and
6196          (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
6197     manufacturing process.
6198          (42) (a) "Drug" means a compound, substance, or preparation, or a component of a
6199     compound, substance, or preparation that is:
6200          (i) recognized in:
6201          (A) the official United States Pharmacopoeia;
6202          (B) the official Homeopathic Pharmacopoeia of the United States;
6203          (C) the official National Formulary; or
6204          (D) a supplement to a publication listed in Subsections (42)(a)(i)(A) through (C);
6205          (ii) intended for use in the:
6206          (A) diagnosis of disease;
6207          (B) cure of disease;
6208          (C) mitigation of disease;
6209          (D) treatment of disease; or
6210          (E) prevention of disease; or
6211          (iii) intended to affect:
6212          (A) the structure of the body; or
6213          (B) any function of the body.
6214          (b) "Drug" does not include:
6215          (i) food and food ingredients;
6216          (ii) a dietary supplement;
6217          (iii) an alcoholic beverage; or

6218          (iv) a prosthetic device.
6219          (43) (a) Except as provided in Subsection (43)(c), "durable medical equipment" means
6220     equipment that:
6221          (i) can withstand repeated use;
6222          (ii) is primarily and customarily used to serve a medical purpose;
6223          (iii) generally is not useful to a person in the absence of illness or injury; and
6224          (iv) is not worn in or on the body.
6225          (b) "Durable medical equipment" includes parts used in the repair or replacement of the
6226     equipment described in Subsection (43)(a).
6227          (c) "Durable medical equipment" does not include mobility enhancing equipment.
6228          (44) "Electronic" means:
6229          (a) relating to technology; and
6230          (b) having:
6231          (i) electrical capabilities;
6232          (ii) digital capabilities;
6233          (iii) magnetic capabilities;
6234          (iv) wireless capabilities;
6235          (v) optical capabilities;
6236          (vi) electromagnetic capabilities; or
6237          (vii) capabilities similar to Subsections (44)(b)(i) through (vi).
6238          (45) "Electronic financial payment service" means an establishment:
6239          (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
6240     Clearinghouse Activities, of the 2012 North American Industry Classification System of the
6241     federal Executive Office of the President, Office of Management and Budget; and
6242          (b) that performs electronic financial payment services.
6243          (46) "Employee" means the same as that term is defined in Section 59-10-401.
6244          (47) "Fixed guideway" means a public transit facility that uses and occupies:
6245          (a) rail for the use of public transit; or

6246          (b) a separate right-of-way for the use of public transit.
6247          (48) "Fixed wing turbine powered aircraft" means an aircraft that:
6248          (a) is powered by turbine engines;
6249          (b) operates on jet fuel; and
6250          (c) has wings that are permanently attached to the fuselage of the aircraft.
6251          (49) "Fixed wireless service" means a telecommunications service that provides radio
6252     communication between fixed points.
6253          (50) (a) "Food and food ingredients" means substances:
6254          (i) regardless of whether the substances are in:
6255          (A) liquid form;
6256          (B) concentrated form;
6257          (C) solid form;
6258          (D) frozen form;
6259          (E) dried form; or
6260          (F) dehydrated form; and
6261          (ii) that are:
6262          (A) sold for:
6263          (I) ingestion by humans; or
6264          (II) chewing by humans; and
6265          (B) consumed for the substance's:
6266          (I) taste; or
6267          (II) nutritional value.
6268          (b) "Food and food ingredients" includes an item described in Subsection (91)(b)(iii).
6269          (c) "Food and food ingredients" does not include:
6270          (i) an alcoholic beverage;
6271          (ii) tobacco; or
6272          (iii) prepared food.
6273          (51) (a) "Fundraising sales" means sales:

6274          (i) (A) made by a school; or
6275          (B) made by a school student;
6276          (ii) that are for the purpose of raising funds for the school to purchase equipment,
6277     materials, or provide transportation; and
6278          (iii) that are part of an officially sanctioned school activity.
6279          (b) For purposes of Subsection (51)(a)(iii), "officially sanctioned school activity"
6280     means a school activity:
6281          (i) that is conducted in accordance with a formal policy adopted by the school or school
6282     district governing the authorization and supervision of fundraising activities;
6283          (ii) that does not directly or indirectly compensate an individual teacher or other
6284     educational personnel by direct payment, commissions, or payment in kind; and
6285          (iii) the net or gross revenues from which are deposited in a dedicated account
6286     controlled by the school or school district.
6287          (52) "Geothermal energy" means energy contained in heat that continuously flows
6288     outward from the earth that is used as the sole source of energy to produce electricity.
6289          (53) "Governing board of the agreement" means the governing board of the agreement
6290     that is:
6291          (a) authorized to administer the agreement; and
6292          (b) established in accordance with the agreement.
6293          (54) (a) For purposes of Subsection 59-12-104(41), "governmental entity" means:
6294          (i) the executive branch of the state, including all departments, institutions, boards,
6295     divisions, bureaus, offices, commissions, and committees;
6296          (ii) the judicial branch of the state, including the courts, the Judicial Council, the
6297     Office of the Court Administrator, and similar administrative units in the judicial branch;
6298          (iii) the legislative branch of the state, including the House of Representatives, the
6299     Senate, the Legislative Printing Office, the Office of Legislative Research and General
6300     Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
6301     Analyst;

6302          (iv) the National Guard;
6303          (v) an independent entity as defined in Section 63E-1-102; or
6304          (vi) a political subdivision as defined in Section 17B-1-102.
6305          (b) "Governmental entity" does not include the state systems of public and higher
6306     education, including:
6307          (i) a school;
6308          (ii) the State Board of Education;
6309          (iii) the State Board of Regents; or
6310          (iv) an institution of higher education described in Section 53B-1-102.
6311          (55) "Hydroelectric energy" means water used as the sole source of energy to produce
6312     electricity.
6313          (56) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
6314     other fuels:
6315          (a) in mining or extraction of minerals;
6316          (b) in agricultural operations to produce an agricultural product up to the time of
6317     harvest or placing the agricultural product into a storage facility, including:
6318          (i) commercial greenhouses;
6319          (ii) irrigation pumps;
6320          (iii) farm machinery;
6321          (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
6322     under Title 41, Chapter 1a, Part 2, Registration; and
6323          (v) other farming activities;
6324          (c) in manufacturing tangible personal property at an establishment described in SIC
6325     Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal
6326     Executive Office of the President, Office of Management and Budget;
6327          (d) by a scrap recycler if:
6328          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
6329     one or more of the following items into prepared grades of processed materials for use in new

6330     products:
6331          (A) iron;
6332          (B) steel;
6333          (C) nonferrous metal;
6334          (D) paper;
6335          (E) glass;
6336          (F) plastic;
6337          (G) textile; or
6338          (H) rubber; and
6339          (ii) the new products under Subsection (56)(d)(i) would otherwise be made with
6340     nonrecycled materials; or
6341          (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
6342     cogeneration facility as defined in Section 54-2-1.
6343          (57) (a) Except as provided in Subsection (57)(b), "installation charge" means a charge
6344     for installing:
6345          (i) tangible personal property; or
6346          (ii) a product transferred electronically.
6347          (b) "Installation charge" does not include a charge for:
6348          (i) repairs or renovations of:
6349          (A) tangible personal property; or
6350          (B) a product transferred electronically; or
6351          (ii) attaching tangible personal property or a product transferred electronically:
6352          (A) to other tangible personal property; and
6353          (B) as part of a manufacturing or fabrication process.
6354          (58) "Institution of higher education" means an institution of higher education listed in
6355     Section 53B-2-101.
6356          (59) (a) "Lease" or "rental" means a transfer of possession or control of tangible
6357     personal property or a product transferred electronically for:

6358          (i) (A) a fixed term; or
6359          (B) an indeterminate term; and
6360          (ii) consideration.
6361          (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
6362     amount of consideration may be increased or decreased by reference to the amount realized
6363     upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
6364     Code.
6365          (c) "Lease" or "rental" does not include:
6366          (i) a transfer of possession or control of property under a security agreement or
6367     deferred payment plan that requires the transfer of title upon completion of the required
6368     payments;
6369          (ii) a transfer of possession or control of property under an agreement that requires the
6370     transfer of title:
6371          (A) upon completion of required payments; and
6372          (B) if the payment of an option price does not exceed the greater of:
6373          (I) $100; or
6374          (II) 1% of the total required payments; or
6375          (iii) providing tangible personal property along with an operator for a fixed period of
6376     time or an indeterminate period of time if the operator is necessary for equipment to perform as
6377     designed.
6378          (d) For purposes of Subsection (59)(c)(iii), an operator is necessary for equipment to
6379     perform as designed if the operator's duties exceed the:
6380          (i) set-up of tangible personal property;
6381          (ii) maintenance of tangible personal property; or
6382          (iii) inspection of tangible personal property.
6383          (60) "Life science establishment" means an establishment in this state that is classified
6384     under the following NAICS codes of the 2007 North American Industry Classification System
6385     of the federal Executive Office of the President, Office of Management and Budget:

6386          (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
6387          (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
6388     Manufacturing; or
6389          (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
6390          (61) "Life science research and development facility" means a facility owned, leased,
6391     or rented by a life science establishment if research and development is performed in 51% or
6392     more of the total area of the facility.
6393          (62) "Load and leave" means delivery to a purchaser by use of a tangible storage media
6394     if the tangible storage media is not physically transferred to the purchaser.
6395          (63) "Local taxing jurisdiction" means a:
6396          (a) county that is authorized to impose an agreement sales and use tax;
6397          (b) city that is authorized to impose an agreement sales and use tax; or
6398          (c) town that is authorized to impose an agreement sales and use tax.
6399          (64) "Manufactured home" means the same as that term is defined in Section
6400     15A-1-302.
6401          (65) "Manufacturing facility" means:
6402          (a) an establishment described in SIC Codes 2000 to 3999 of the 1987 Standard
6403     Industrial Classification Manual of the federal Executive Office of the President, Office of
6404     Management and Budget;
6405          (b) a scrap recycler if:
6406          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
6407     one or more of the following items into prepared grades of processed materials for use in new
6408     products:
6409          (A) iron;
6410          (B) steel;
6411          (C) nonferrous metal;
6412          (D) paper;
6413          (E) glass;

6414          (F) plastic;
6415          (G) textile; or
6416          (H) rubber; and
6417          (ii) the new products under Subsection (65)(b)(i) would otherwise be made with
6418     nonrecycled materials; or
6419          (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
6420     placed in service on or after May 1, 2006.
6421          (66) "Member of the immediate family of the producer" means a person who is related
6422     to a producer described in Subsection 59-12-104(20)(a) as a:
6423          (a) child or stepchild, regardless of whether the child or stepchild is:
6424          (i) an adopted child or adopted stepchild; or
6425          (ii) a foster child or foster stepchild;
6426          (b) grandchild or stepgrandchild;
6427          (c) grandparent or stepgrandparent;
6428          (d) nephew or stepnephew;
6429          (e) niece or stepniece;
6430          (f) parent or stepparent;
6431          (g) sibling or stepsibling;
6432          (h) spouse;
6433          (i) person who is the spouse of a person described in Subsections (66)(a) through (g);
6434     or
6435          (j) person similar to a person described in Subsections (66)(a) through (i) as
6436     determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
6437     Administrative Rulemaking Act.
6438          (67) "Mobile home" means the same as that term is defined in Section 15A-1-302.
6439          (68) "Mobile telecommunications service" is as defined in the Mobile
6440     Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
6441          (69) (a) "Mobile wireless service" means a telecommunications service, regardless of

6442     the technology used, if:
6443          (i) the origination point of the conveyance, routing, or transmission is not fixed;
6444          (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
6445          (iii) the origination point described in Subsection (69)(a)(i) and the termination point
6446     described in Subsection (69)(a)(ii) are not fixed.
6447          (b) "Mobile wireless service" includes a telecommunications service that is provided
6448     by a commercial mobile radio service provider.
6449          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6450     commission may by rule define "commercial mobile radio service provider."
6451          (70) (a) Except as provided in Subsection (70)(c), "mobility enhancing equipment"
6452     means equipment that is:
6453          (i) primarily and customarily used to provide or increase the ability to move from one
6454     place to another;
6455          (ii) appropriate for use in a:
6456          (A) home; or
6457          (B) motor vehicle; and
6458          (iii) not generally used by persons with normal mobility.
6459          (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
6460     the equipment described in Subsection (70)(a).
6461          (c) "Mobility enhancing equipment" does not include:
6462          (i) a motor vehicle;
6463          (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
6464     vehicle manufacturer;
6465          (iii) durable medical equipment; or
6466          (iv) a prosthetic device.
6467          (71) "Model 1 seller" means a seller registered under the agreement that has selected a
6468     certified service provider as the seller's agent to perform all of the seller's sales and use tax
6469     functions for agreement sales and use taxes other than the seller's obligation under Section

6470     59-12-124 to remit a tax on the seller's own purchases.
6471          (72) "Model 2 seller" means a seller registered under the agreement that:
6472          (a) except as provided in Subsection (72)(b), has selected a certified automated system
6473     to perform the seller's sales tax functions for agreement sales and use taxes; and
6474          (b) retains responsibility for remitting all of the sales tax:
6475          (i) collected by the seller; and
6476          (ii) to the appropriate local taxing jurisdiction.
6477          (73) (a) Subject to Subsection (73)(b), "model 3 seller" means a seller registered under
6478     the agreement that has:
6479          (i) sales in at least five states that are members of the agreement;
6480          (ii) total annual sales revenues of at least $500,000,000;
6481          (iii) a proprietary system that calculates the amount of tax:
6482          (A) for an agreement sales and use tax; and
6483          (B) due to each local taxing jurisdiction; and
6484          (iv) entered into a performance agreement with the governing board of the agreement.
6485          (b) For purposes of Subsection (73)(a), "model 3 seller" includes an affiliated group of
6486     sellers using the same proprietary system.
6487          (74) "Model 4 seller" means a seller that is registered under the agreement and is not a
6488     model 1 seller, model 2 seller, or model 3 seller.
6489          (75) "Modular home" means a modular unit as defined in Section 15A-1-302.
6490          (76) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
6491          (77) "Oil sands" means impregnated bituminous sands that:
6492          (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
6493     other hydrocarbons, or otherwise treated;
6494          (b) yield mixtures of liquid hydrocarbon; and
6495          (c) require further processing other than mechanical blending before becoming finished
6496     petroleum products.
6497          (78) "Oil shale" means a group of fine black to dark brown shales containing kerogen

6498     material that yields petroleum upon heating and distillation.
6499          (79) "Optional computer software maintenance contract" means a computer software
6500     maintenance contract that a customer is not obligated to purchase as a condition to the retail
6501     sale of computer software.
6502          (80) (a) "Other fuels" means products that burn independently to produce heat or
6503     energy.
6504          (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
6505     personal property.
6506          (81) (a) "Paging service" means a telecommunications service that provides
6507     transmission of a coded radio signal for the purpose of activating a specific pager.
6508          (b) For purposes of Subsection (81)(a), the transmission of a coded radio signal
6509     includes a transmission by message or sound.
6510          (82) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.
6511          (83) "Pawn transaction" means the same as that term is defined in Section 13-32a-102.
6512          (84) (a) "Permanently attached to real property" means that for tangible personal
6513     property attached to real property:
6514          (i) the attachment of the tangible personal property to the real property:
6515          (A) is essential to the use of the tangible personal property; and
6516          (B) suggests that the tangible personal property will remain attached to the real
6517     property in the same place over the useful life of the tangible personal property; or
6518          (ii) if the tangible personal property is detached from the real property, the detachment
6519     would:
6520          (A) cause substantial damage to the tangible personal property; or
6521          (B) require substantial alteration or repair of the real property to which the tangible
6522     personal property is attached.
6523          (b) "Permanently attached to real property" includes:
6524          (i) the attachment of an accessory to the tangible personal property if the accessory is:
6525          (A) essential to the operation of the tangible personal property; and

6526          (B) attached only to facilitate the operation of the tangible personal property;
6527          (ii) a temporary detachment of tangible personal property from real property for a
6528     repair or renovation if the repair or renovation is performed where the tangible personal
6529     property and real property are located; or
6530          (iii) property attached to oil, gas, or water pipelines, except for the property listed in
6531     Subsection (84)(c)(iii) or (iv).
6532          (c) "Permanently attached to real property" does not include:
6533          (i) the attachment of portable or movable tangible personal property to real property if
6534     that portable or movable tangible personal property is attached to real property only for:
6535          (A) convenience;
6536          (B) stability; or
6537          (C) for an obvious temporary purpose;
6538          (ii) the detachment of tangible personal property from real property except for the
6539     detachment described in Subsection (84)(b)(ii);
6540          (iii) an attachment of the following tangible personal property to real property if the
6541     attachment to real property is only through a line that supplies water, electricity, gas,
6542     telecommunications, cable, or supplies a similar item as determined by the commission by rule
6543     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
6544          (A) a computer;
6545          (B) a telephone;
6546          (C) a television; or
6547          (D) tangible personal property similar to Subsections (84)(c)(iii)(A) through (C) as
6548     determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
6549     Administrative Rulemaking Act; or
6550          (iv) an item listed in Subsection (125)(c).
6551          (85) "Person" includes any individual, firm, partnership, joint venture, association,
6552     corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
6553     municipality, district, or other local governmental entity of the state, or any group or

6554     combination acting as a unit.
6555          (86) "Place of primary use":
6556          (a) for telecommunications service other than mobile telecommunications service,
6557     means the street address representative of where the customer's use of the telecommunications
6558     service primarily occurs, which shall be:
6559          (i) the residential street address of the customer; or
6560          (ii) the primary business street address of the customer; or
6561          (b) for mobile telecommunications service, is as defined in the Mobile
6562     Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
6563          (87) (a) "Postpaid calling service" means a telecommunications service a person
6564     obtains by making a payment on a call-by-call basis:
6565          (i) through the use of a:
6566          (A) bank card;
6567          (B) credit card;
6568          (C) debit card; or
6569          (D) travel card; or
6570          (ii) by a charge made to a telephone number that is not associated with the origination
6571     or termination of the telecommunications service.
6572          (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
6573     service, that would be a prepaid wireless calling service if the service were exclusively a
6574     telecommunications service.
6575          (88) "Postproduction" means an activity related to the finishing or duplication of a
6576     medium described in Subsection 59-12-104(54)(a).
6577          (89) "Prepaid calling service" means a telecommunications service:
6578          (a) that allows a purchaser access to telecommunications service that is exclusively
6579     telecommunications service;
6580          (b) that:
6581          (i) is paid for in advance; and

6582          (ii) enables the origination of a call using an:
6583          (A) access number; or
6584          (B) authorization code;
6585          (c) that is dialed:
6586          (i) manually; or
6587          (ii) electronically; and
6588          (d) sold in predetermined units or dollars that decline:
6589          (i) by a known amount; and
6590          (ii) with use.
6591          (90) "Prepaid wireless calling service" means a telecommunications service:
6592          (a) that provides the right to utilize:
6593          (i) mobile wireless service; and
6594          (ii) other service that is not a telecommunications service, including:
6595          (A) the download of a product transferred electronically;
6596          (B) a content service; or
6597          (C) an ancillary service;
6598          (b) that:
6599          (i) is paid for in advance; and
6600          (ii) enables the origination of a call using an:
6601          (A) access number; or
6602          (B) authorization code;
6603          (c) that is dialed:
6604          (i) manually; or
6605          (ii) electronically; and
6606          (d) sold in predetermined units or dollars that decline:
6607          (i) by a known amount; and
6608          (ii) with use.
6609          (91) (a) "Prepared food" means:

6610          (i) food:
6611          (A) sold in a heated state; or
6612          (B) heated by a seller;
6613          (ii) two or more food ingredients mixed or combined by the seller for sale as a single
6614     item; or
6615          (iii) except as provided in Subsection (91)(c), food sold with an eating utensil provided
6616     by the seller, including a:
6617          (A) plate;
6618          (B) knife;
6619          (C) fork;
6620          (D) spoon;
6621          (E) glass;
6622          (F) cup;
6623          (G) napkin; or
6624          (H) straw.
6625          (b) "Prepared food" does not include:
6626          (i) food that a seller only:
6627          (A) cuts;
6628          (B) repackages; or
6629          (C) pasteurizes; or
6630          (ii) (A) the following:
6631          (I) raw egg;
6632          (II) raw fish;
6633          (III) raw meat;
6634          (IV) raw poultry; or
6635          (V) a food containing an item described in Subsections (91)(b)(ii)(A)(I) through (IV);
6636     and
6637          (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the

6638     Food and Drug Administration's Food Code that a consumer cook the items described in
6639     Subsection (91)(b)(ii)(A) to prevent food borne illness; or
6640          (iii) the following if sold without eating utensils provided by the seller:
6641          (A) food and food ingredients sold by a seller if the seller's proper primary
6642     classification under the 2002 North American Industry Classification System of the federal
6643     Executive Office of the President, Office of Management and Budget, is manufacturing in
6644     Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
6645     Manufacturing;
6646          (B) food and food ingredients sold in an unheated state:
6647          (I) by weight or volume; and
6648          (II) as a single item; or
6649          (C) a bakery item, including:
6650          (I) a bagel;
6651          (II) a bar;
6652          (III) a biscuit;
6653          (IV) bread;
6654          (V) a bun;
6655          (VI) a cake;
6656          (VII) a cookie;
6657          (VIII) a croissant;
6658          (IX) a danish;
6659          (X) a donut;
6660          (XI) a muffin;
6661          (XII) a pastry;
6662          (XIII) a pie;
6663          (XIV) a roll;
6664          (XV) a tart;
6665          (XVI) a torte; or

6666          (XVII) a tortilla.
6667          (c) An eating utensil provided by the seller does not include the following used to
6668     transport the food:
6669          (i) a container; or
6670          (ii) packaging.
6671          (92) "Prescription" means an order, formula, or recipe that is issued:
6672          (a) (i) orally;
6673          (ii) in writing;
6674          (iii) electronically; or
6675          (iv) by any other manner of transmission; and
6676          (b) by a licensed practitioner authorized by the laws of a state.
6677          (93) (a) Except as provided in Subsection (93)(b)(ii) or (iii), "prewritten computer
6678     software" means computer software that is not designed and developed:
6679          (i) by the author or other creator of the computer software; and
6680          (ii) to the specifications of a specific purchaser.
6681          (b) "Prewritten computer software" includes:
6682          (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
6683     software is not designed and developed:
6684          (A) by the author or other creator of the computer software; and
6685          (B) to the specifications of a specific purchaser;
6686          (ii) computer software designed and developed by the author or other creator of the
6687     computer software to the specifications of a specific purchaser if the computer software is sold
6688     to a person other than the purchaser; or
6689          (iii) except as provided in Subsection (93)(c), prewritten computer software or a
6690     prewritten portion of prewritten computer software:
6691          (A) that is modified or enhanced to any degree; and
6692          (B) if the modification or enhancement described in Subsection (93)(b)(iii)(A) is
6693     designed and developed to the specifications of a specific purchaser.

6694          (c) "Prewritten computer software" does not include a modification or enhancement
6695     described in Subsection (93)(b)(iii) if the charges for the modification or enhancement are:
6696          (i) reasonable; and
6697          (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
6698     invoice or other statement of price provided to the purchaser at the time of sale or later, as
6699     demonstrated by:
6700          (A) the books and records the seller keeps at the time of the transaction in the regular
6701     course of business, including books and records the seller keeps at the time of the transaction in
6702     the regular course of business for nontax purposes;
6703          (B) a preponderance of the facts and circumstances at the time of the transaction; and
6704          (C) the understanding of all of the parties to the transaction.
6705          (94) (a) "Private communications service" means a telecommunications service:
6706          (i) that entitles a customer to exclusive or priority use of one or more communications
6707     channels between or among termination points; and
6708          (ii) regardless of the manner in which the one or more communications channels are
6709     connected.
6710          (b) "Private communications service" includes the following provided in connection
6711     with the use of one or more communications channels:
6712          (i) an extension line;
6713          (ii) a station;
6714          (iii) switching capacity; or
6715          (iv) another associated service that is provided in connection with the use of one or
6716     more communications channels as defined in Section 59-12-215.
6717          (95) (a) Except as provided in Subsection (95)(b), "product transferred electronically"
6718     means a product transferred electronically that would be subject to a tax under this chapter if
6719     that product was transferred in a manner other than electronically.
6720          (b) "Product transferred electronically" does not include:
6721          (i) an ancillary service;

6722          (ii) computer software; or
6723          (iii) a telecommunications service.
6724          (96) (a) "Prosthetic device" means a device that is worn on or in the body to:
6725          (i) artificially replace a missing portion of the body;
6726          (ii) prevent or correct a physical deformity or physical malfunction; or
6727          (iii) support a weak or deformed portion of the body.
6728          (b) "Prosthetic device" includes:
6729          (i) parts used in the repairs or renovation of a prosthetic device;
6730          (ii) replacement parts for a prosthetic device;
6731          (iii) a dental prosthesis; or
6732          (iv) a hearing aid.
6733          (c) "Prosthetic device" does not include:
6734          (i) corrective eyeglasses; or
6735          (ii) contact lenses.
6736          (97) (a) "Protective equipment" means an item:
6737          (i) for human wear; and
6738          (ii) that is:
6739          (A) designed as protection:
6740          (I) to the wearer against injury or disease; or
6741          (II) against damage or injury of other persons or property; and
6742          (B) not suitable for general use.
6743          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6744     commission shall make rules:
6745          (i) listing the items that constitute "protective equipment"; and
6746          (ii) that are consistent with the list of items that constitute "protective equipment"
6747     under the agreement.
6748          (98) (a) For purposes of Subsection 59-12-104(41), "publication" means any written or
6749     printed matter, other than a photocopy:

6750          (i) regardless of:
6751          (A) characteristics;
6752          (B) copyright;
6753          (C) form;
6754          (D) format;
6755          (E) method of reproduction; or
6756          (F) source; and
6757          (ii) made available in printed or electronic format.
6758          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6759     commission may by rule define the term "photocopy."
6760          (99) (a) "Purchase price" and "sales price" mean the total amount of consideration:
6761          (i) valued in money; and
6762          (ii) for which tangible personal property, a product transferred electronically, or
6763     services are:
6764          (A) sold;
6765          (B) leased; or
6766          (C) rented.
6767          (b) "Purchase price" and "sales price" include:
6768          (i) the seller's cost of the tangible personal property, a product transferred
6769     electronically, or services sold;
6770          (ii) expenses of the seller, including:
6771          (A) the cost of materials used;
6772          (B) a labor cost;
6773          (C) a service cost;
6774          (D) interest;
6775          (E) a loss;
6776          (F) the cost of transportation to the seller; or
6777          (G) a tax imposed on the seller;

6778          (iii) a charge by the seller for any service necessary to complete the sale; or
6779          (iv) consideration a seller receives from a person other than the purchaser if:
6780          (A) (I) the seller actually receives consideration from a person other than the purchaser;
6781     and
6782          (II) the consideration described in Subsection (99)(b)(iv)(A)(I) is directly related to a
6783     price reduction or discount on the sale;
6784          (B) the seller has an obligation to pass the price reduction or discount through to the
6785     purchaser;
6786          (C) the amount of the consideration attributable to the sale is fixed and determinable by
6787     the seller at the time of the sale to the purchaser; and
6788          (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
6789     seller to claim a price reduction or discount; and
6790          (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
6791     coupon, or other documentation with the understanding that the person other than the seller
6792     will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
6793          (II) the purchaser identifies that purchaser to the seller as a member of a group or
6794     organization allowed a price reduction or discount, except that a preferred customer card that is
6795     available to any patron of a seller does not constitute membership in a group or organization
6796     allowed a price reduction or discount; or
6797          (III) the price reduction or discount is identified as a third party price reduction or
6798     discount on the:
6799          (Aa) invoice the purchaser receives; or
6800          (Bb) certificate, coupon, or other documentation the purchaser presents.
6801          (c) "Purchase price" and "sales price" do not include:
6802          (i) a discount:
6803          (A) in a form including:
6804          (I) cash;
6805          (II) term; or

6806          (III) coupon;
6807          (B) that is allowed by a seller;
6808          (C) taken by a purchaser on a sale; and
6809          (D) that is not reimbursed by a third party; or
6810          (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
6811     stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
6812     sale or later, as demonstrated by the books and records the seller keeps at the time of the
6813     transaction in the regular course of business, including books and records the seller keeps at the
6814     time of the transaction in the regular course of business for nontax purposes, by a
6815     preponderance of the facts and circumstances at the time of the transaction, and by the
6816     understanding of all of the parties to the transaction:
6817          (A) the following from credit extended on the sale of tangible personal property or
6818     services:
6819          (I) a carrying charge;
6820          (II) a financing charge; or
6821          (III) an interest charge;
6822          (B) a delivery charge;
6823          (C) an installation charge;
6824          (D) a manufacturer rebate on a motor vehicle; or
6825          (E) a tax or fee legally imposed directly on the consumer.
6826          (100) "Purchaser" means a person to whom:
6827          (a) a sale of tangible personal property is made;
6828          (b) a product is transferred electronically; or
6829          (c) a service is furnished.
6830          (101) "Qualifying enterprise data center" means an establishment that will:
6831          (a) own and operate a data center facility that will house a group of networked server
6832     computers in one physical location in order to centralize the dissemination, management, and
6833     storage of data and information;

6834          (b) be located in the state;
6835          (c) be a new operation constructed on or after July 1, 2016;
6836          (d) consist of one or more buildings that total 150,000 or more square feet;
6837          (e) be owned or leased by:
6838          (i) the establishment; or
6839          (ii) a person under common ownership, as defined in Section 59-7-101, of the
6840     establishment; and
6841          (f) be located on one or more parcels of land that are owned or leased by:
6842          (i) the establishment; or
6843          (ii) a person under common ownership, as defined in Section 59-7-101, of the
6844     establishment.
6845          (102) "Regularly rented" means:
6846          (a) rented to a guest for value three or more times during a calendar year; or
6847          (b) advertised or held out to the public as a place that is regularly rented to guests for
6848     value.
6849          (103) "Rental" means the same as that term is defined in Subsection (59).
6850          (104) (a) Except as provided in Subsection (104)(b), "repairs or renovations of tangible
6851     personal property" means:
6852          (i) a repair or renovation of tangible personal property that is not permanently attached
6853     to real property; or
6854          (ii) attaching tangible personal property or a product transferred electronically to other
6855     tangible personal property or detaching tangible personal property or a product transferred
6856     electronically from other tangible personal property if:
6857          (A) the other tangible personal property to which the tangible personal property or
6858     product transferred electronically is attached or from which the tangible personal property or
6859     product transferred electronically is detached is not permanently attached to real property; and
6860          (B) the attachment of tangible personal property or a product transferred electronically
6861     to other tangible personal property or detachment of tangible personal property or a product

6862     transferred electronically from other tangible personal property is made in conjunction with a
6863     repair or replacement of tangible personal property or a product transferred electronically.
6864          (b) "Repairs or renovations of tangible personal property" does not include:
6865          (i) attaching prewritten computer software to other tangible personal property if the
6866     other tangible personal property to which the prewritten computer software is attached is not
6867     permanently attached to real property; or
6868          (ii) detaching prewritten computer software from other tangible personal property if the
6869     other tangible personal property from which the prewritten computer software is detached is
6870     not permanently attached to real property.
6871          (105) "Research and development" means the process of inquiry or experimentation
6872     aimed at the discovery of facts, devices, technologies, or applications and the process of
6873     preparing those devices, technologies, or applications for marketing.
6874          (106) (a) "Residential telecommunications services" means a telecommunications
6875     service or an ancillary service that is provided to an individual for personal use:
6876          (i) at a residential address; or
6877          (ii) at an institution, including a nursing home or a school, if the telecommunications
6878     service or ancillary service is provided to and paid for by the individual residing at the
6879     institution rather than the institution.
6880          (b) For purposes of Subsection (106)(a)(i), a residential address includes an:
6881          (i) apartment; or
6882          (ii) other individual dwelling unit.
6883          (107) "Residential use" means the use in or around a home, apartment building,
6884     sleeping quarters, and similar facilities or accommodations.
6885          (108) (a) "Retailer" means any person engaged in a regularly organized business in
6886     tangible personal property or any other taxable transaction under Subsection 59-12-103(1), and
6887     who is selling to the user or consumer and not for resale.
6888          (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
6889     engaged in the business of selling to users or consumers within the state.

6890          (109) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
6891     than:
6892          (a) resale;
6893          (b) sublease; or
6894          (c) subrent.
6895          (110) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
6896     otherwise, in any manner, of tangible personal property or any other taxable transaction under
6897     Subsection 59-12-103(1), for consideration.
6898          (b) "Sale" includes:
6899          (i) installment and credit sales;
6900          (ii) any closed transaction constituting a sale;
6901          (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
6902     chapter;
6903          (iv) any transaction if the possession of property is transferred but the seller retains the
6904     title as security for the payment of the price; and
6905          (v) any transaction under which right to possession, operation, or use of any article of
6906     tangible personal property is granted under a lease or contract and the transfer of possession
6907     would be taxable if an outright sale were made.
6908          (111) "Sale at retail" means the same as that term is defined in Subsection (109).
6909          (112) "Sale-leaseback transaction" means a transaction by which title to tangible
6910     personal property or a product transferred electronically that is subject to a tax under this
6911     chapter is transferred:
6912          (a) by a purchaser-lessee;
6913          (b) to a lessor;
6914          (c) for consideration; and
6915          (d) if:
6916          (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
6917     of the tangible personal property or product transferred electronically;

6918          (ii) the sale of the tangible personal property or product transferred electronically to the
6919     lessor is intended as a form of financing:
6920          (A) for the tangible personal property or product transferred electronically; and
6921          (B) to the purchaser-lessee; and
6922          (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
6923     is required to:
6924          (A) capitalize the tangible personal property or product transferred electronically for
6925     financial reporting purposes; and
6926          (B) account for the lease payments as payments made under a financing arrangement.
6927          (113) "Sales price" means the same as that term is defined in Subsection (99).
6928          (114) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
6929     amounts charged by a school:
6930          (i) sales that are directly related to the school's educational functions or activities
6931     including:
6932          (A) the sale of:
6933          (I) textbooks;
6934          (II) textbook fees;
6935          (III) laboratory fees;
6936          (IV) laboratory supplies; or
6937          (V) safety equipment;
6938          (B) the sale of a uniform, protective equipment, or sports or recreational equipment
6939     that:
6940          (I) a student is specifically required to wear as a condition of participation in a
6941     school-related event or school-related activity; and
6942          (II) is not readily adaptable to general or continued usage to the extent that it takes the
6943     place of ordinary clothing;
6944          (C) sales of the following if the net or gross revenues generated by the sales are
6945     deposited into a school district fund or school fund dedicated to school meals:

6946          (I) food and food ingredients; or
6947          (II) prepared food; or
6948          (D) transportation charges for official school activities; or
6949          (ii) amounts paid to or amounts charged by a school for admission to a school-related
6950     event or school-related activity.
6951          (b) "Sales relating to schools" does not include:
6952          (i) bookstore sales of items that are not educational materials or supplies;
6953          (ii) except as provided in Subsection (114)(a)(i)(B):
6954          (A) clothing;
6955          (B) clothing accessories or equipment;
6956          (C) protective equipment; or
6957          (D) sports or recreational equipment; or
6958          (iii) amounts paid to or amounts charged by a school for admission to a school-related
6959     event or school-related activity if the amounts paid or charged are passed through to a person:
6960          (A) other than a:
6961          (I) school;
6962          (II) nonprofit organization authorized by a school board or a governing body of a
6963     private school to organize and direct a competitive secondary school activity; or
6964          (III) nonprofit association authorized by a school board or a governing body of a
6965     private school to organize and direct a competitive secondary school activity; and
6966          (B) that is required to collect sales and use taxes under this chapter.
6967          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6968     commission may make rules defining the term "passed through."
6969          (115) For purposes of this section and Section 59-12-104, "school":
6970          (a) means:
6971          (i) an elementary school or a secondary school that:
6972          (A) is a:
6973          (I) public school; or

6974          (II) private school; and
6975          (B) provides instruction for one or more grades kindergarten through 12; or
6976          (ii) a public school district; and
6977          (b) includes the Electronic High School as defined in Section [53A-15-1002]
6978     53E-10-601.
6979          (116) "Seller" means a person that makes a sale, lease, or rental of:
6980          (a) tangible personal property;
6981          (b) a product transferred electronically; or
6982          (c) a service.
6983          (117) (a) "Semiconductor fabricating, processing, research, or development materials"
6984     means tangible personal property or a product transferred electronically if the tangible personal
6985     property or product transferred electronically is:
6986          (i) used primarily in the process of:
6987          (A) (I) manufacturing a semiconductor;
6988          (II) fabricating a semiconductor; or
6989          (III) research or development of a:
6990          (Aa) semiconductor; or
6991          (Bb) semiconductor manufacturing process; or
6992          (B) maintaining an environment suitable for a semiconductor; or
6993          (ii) consumed primarily in the process of:
6994          (A) (I) manufacturing a semiconductor;
6995          (II) fabricating a semiconductor; or
6996          (III) research or development of a:
6997          (Aa) semiconductor; or
6998          (Bb) semiconductor manufacturing process; or
6999          (B) maintaining an environment suitable for a semiconductor.
7000          (b) "Semiconductor fabricating, processing, research, or development materials"
7001     includes:

7002          (i) parts used in the repairs or renovations of tangible personal property or a product
7003     transferred electronically described in Subsection (117)(a); or
7004          (ii) a chemical, catalyst, or other material used to:
7005          (A) produce or induce in a semiconductor a:
7006          (I) chemical change; or
7007          (II) physical change;
7008          (B) remove impurities from a semiconductor; or
7009          (C) improve the marketable condition of a semiconductor.
7010          (118) "Senior citizen center" means a facility having the primary purpose of providing
7011     services to the aged as defined in Section 62A-3-101.
7012          (119) (a) Subject to Subsections (119)(b) and (c), "short-term lodging consumable"
7013     means tangible personal property that:
7014          (i) a business that provides accommodations and services described in Subsection
7015     59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
7016     to a purchaser;
7017          (ii) is intended to be consumed by the purchaser; and
7018          (iii) is:
7019          (A) included in the purchase price of the accommodations and services; and
7020          (B) not separately stated on an invoice, bill of sale, or other similar document provided
7021     to the purchaser.
7022          (b) "Short-term lodging consumable" includes:
7023          (i) a beverage;
7024          (ii) a brush or comb;
7025          (iii) a cosmetic;
7026          (iv) a hair care product;
7027          (v) lotion;
7028          (vi) a magazine;
7029          (vii) makeup;

7030          (viii) a meal;
7031          (ix) mouthwash;
7032          (x) nail polish remover;
7033          (xi) a newspaper;
7034          (xii) a notepad;
7035          (xiii) a pen;
7036          (xiv) a pencil;
7037          (xv) a razor;
7038          (xvi) saline solution;
7039          (xvii) a sewing kit;
7040          (xviii) shaving cream;
7041          (xix) a shoe shine kit;
7042          (xx) a shower cap;
7043          (xxi) a snack item;
7044          (xxii) soap;
7045          (xxiii) toilet paper;
7046          (xxiv) a toothbrush;
7047          (xxv) toothpaste; or
7048          (xxvi) an item similar to Subsections (119)(b)(i) through (xxv) as the commission may
7049     provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
7050     Rulemaking Act.
7051          (c) "Short-term lodging consumable" does not include:
7052          (i) tangible personal property that is cleaned or washed to allow the tangible personal
7053     property to be reused; or
7054          (ii) a product transferred electronically.
7055          (120) "Simplified electronic return" means the electronic return:
7056          (a) described in Section 318(C) of the agreement; and
7057          (b) approved by the governing board of the agreement.

7058          (121) "Solar energy" means the sun used as the sole source of energy for producing
7059     electricity.
7060          (122) (a) "Sports or recreational equipment" means an item:
7061          (i) designed for human use; and
7062          (ii) that is:
7063          (A) worn in conjunction with:
7064          (I) an athletic activity; or
7065          (II) a recreational activity; and
7066          (B) not suitable for general use.
7067          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7068     commission shall make rules:
7069          (i) listing the items that constitute "sports or recreational equipment"; and
7070          (ii) that are consistent with the list of items that constitute "sports or recreational
7071     equipment" under the agreement.
7072          (123) "State" means the state of Utah, its departments, and agencies.
7073          (124) "Storage" means any keeping or retention of tangible personal property or any
7074     other taxable transaction under Subsection 59-12-103(1), in this state for any purpose except
7075     sale in the regular course of business.
7076          (125) (a) Except as provided in Subsection (125)(d) or (e), "tangible personal property"
7077     means personal property that:
7078          (i) may be:
7079          (A) seen;
7080          (B) weighed;
7081          (C) measured;
7082          (D) felt; or
7083          (E) touched; or
7084          (ii) is in any manner perceptible to the senses.
7085          (b) "Tangible personal property" includes:

7086          (i) electricity;
7087          (ii) water;
7088          (iii) gas;
7089          (iv) steam; or
7090          (v) prewritten computer software, regardless of the manner in which the prewritten
7091     computer software is transferred.
7092          (c) "Tangible personal property" includes the following regardless of whether the item
7093     is attached to real property:
7094          (i) a dishwasher;
7095          (ii) a dryer;
7096          (iii) a freezer;
7097          (iv) a microwave;
7098          (v) a refrigerator;
7099          (vi) a stove;
7100          (vii) a washer; or
7101          (viii) an item similar to Subsections (125)(c)(i) through (vii) as determined by the
7102     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
7103     Rulemaking Act.
7104          (d) "Tangible personal property" does not include a product that is transferred
7105     electronically.
7106          (e) "Tangible personal property" does not include the following if attached to real
7107     property, regardless of whether the attachment to real property is only through a line that
7108     supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
7109     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
7110     Rulemaking Act:
7111          (i) a hot water heater;
7112          (ii) a water filtration system; or
7113          (iii) a water softener system.

7114          (126) (a) "Telecommunications enabling or facilitating equipment, machinery, or
7115     software" means an item listed in Subsection (126)(b) if that item is purchased or leased
7116     primarily to enable or facilitate one or more of the following to function:
7117          (i) telecommunications switching or routing equipment, machinery, or software; or
7118          (ii) telecommunications transmission equipment, machinery, or software.
7119          (b) The following apply to Subsection (126)(a):
7120          (i) a pole;
7121          (ii) software;
7122          (iii) a supplementary power supply;
7123          (iv) temperature or environmental equipment or machinery;
7124          (v) test equipment;
7125          (vi) a tower; or
7126          (vii) equipment, machinery, or software that functions similarly to an item listed in
7127     Subsections (126)(b)(i) through (vi) as determined by the commission by rule made in
7128     accordance with Subsection (126)(c).
7129          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7130     commission may by rule define what constitutes equipment, machinery, or software that
7131     functions similarly to an item listed in Subsections (126)(b)(i) through (vi).
7132          (127) "Telecommunications equipment, machinery, or software required for 911
7133     service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
7134     Sec. 20.18.
7135          (128) "Telecommunications maintenance or repair equipment, machinery, or software"
7136     means equipment, machinery, or software purchased or leased primarily to maintain or repair
7137     one or more of the following, regardless of whether the equipment, machinery, or software is
7138     purchased or leased as a spare part or as an upgrade or modification to one or more of the
7139     following:
7140          (a) telecommunications enabling or facilitating equipment, machinery, or software;
7141          (b) telecommunications switching or routing equipment, machinery, or software; or

7142          (c) telecommunications transmission equipment, machinery, or software.
7143          (129) (a) "Telecommunications service" means the electronic conveyance, routing, or
7144     transmission of audio, data, video, voice, or any other information or signal to a point, or
7145     among or between points.
7146          (b) "Telecommunications service" includes:
7147          (i) an electronic conveyance, routing, or transmission with respect to which a computer
7148     processing application is used to act:
7149          (A) on the code, form, or protocol of the content;
7150          (B) for the purpose of electronic conveyance, routing, or transmission; and
7151          (C) regardless of whether the service:
7152          (I) is referred to as voice over Internet protocol service; or
7153          (II) is classified by the Federal Communications Commission as enhanced or value
7154     added;
7155          (ii) an 800 service;
7156          (iii) a 900 service;
7157          (iv) a fixed wireless service;
7158          (v) a mobile wireless service;
7159          (vi) a postpaid calling service;
7160          (vii) a prepaid calling service;
7161          (viii) a prepaid wireless calling service; or
7162          (ix) a private communications service.
7163          (c) "Telecommunications service" does not include:
7164          (i) advertising, including directory advertising;
7165          (ii) an ancillary service;
7166          (iii) a billing and collection service provided to a third party;
7167          (iv) a data processing and information service if:
7168          (A) the data processing and information service allows data to be:
7169          (I) (Aa) acquired;

7170          (Bb) generated;
7171          (Cc) processed;
7172          (Dd) retrieved; or
7173          (Ee) stored; and
7174          (II) delivered by an electronic transmission to a purchaser; and
7175          (B) the purchaser's primary purpose for the underlying transaction is the processed data
7176     or information;
7177          (v) installation or maintenance of the following on a customer's premises:
7178          (A) equipment; or
7179          (B) wiring;
7180          (vi) Internet access service;
7181          (vii) a paging service;
7182          (viii) a product transferred electronically, including:
7183          (A) music;
7184          (B) reading material;
7185          (C) a ring tone;
7186          (D) software; or
7187          (E) video;
7188          (ix) a radio and television audio and video programming service:
7189          (A) regardless of the medium; and
7190          (B) including:
7191          (I) furnishing conveyance, routing, or transmission of a television audio and video
7192     programming service by a programming service provider;
7193          (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
7194          (III) audio and video programming services delivered by a commercial mobile radio
7195     service provider as defined in 47 C.F.R. Sec. 20.3;
7196          (x) a value-added nonvoice data service; or
7197          (xi) tangible personal property.

7198          (130) (a) "Telecommunications service provider" means a person that:
7199          (i) owns, controls, operates, or manages a telecommunications service; and
7200          (ii) engages in an activity described in Subsection (130)(a)(i) for the shared use with or
7201     resale to any person of the telecommunications service.
7202          (b) A person described in Subsection (130)(a) is a telecommunications service provider
7203     whether or not the Public Service Commission of Utah regulates:
7204          (i) that person; or
7205          (ii) the telecommunications service that the person owns, controls, operates, or
7206     manages.
7207          (131) (a) "Telecommunications switching or routing equipment, machinery, or
7208     software" means an item listed in Subsection (131)(b) if that item is purchased or leased
7209     primarily for switching or routing:
7210          (i) an ancillary service;
7211          (ii) data communications;
7212          (iii) voice communications; or
7213          (iv) telecommunications service.
7214          (b) The following apply to Subsection (131)(a):
7215          (i) a bridge;
7216          (ii) a computer;
7217          (iii) a cross connect;
7218          (iv) a modem;
7219          (v) a multiplexer;
7220          (vi) plug in circuitry;
7221          (vii) a router;
7222          (viii) software;
7223          (ix) a switch; or
7224          (x) equipment, machinery, or software that functions similarly to an item listed in
7225     Subsections (131)(b)(i) through (ix) as determined by the commission by rule made in

7226     accordance with Subsection (131)(c).
7227          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7228     commission may by rule define what constitutes equipment, machinery, or software that
7229     functions similarly to an item listed in Subsections (131)(b)(i) through (ix).
7230          (132) (a) "Telecommunications transmission equipment, machinery, or software"
7231     means an item listed in Subsection (132)(b) if that item is purchased or leased primarily for
7232     sending, receiving, or transporting:
7233          (i) an ancillary service;
7234          (ii) data communications;
7235          (iii) voice communications; or
7236          (iv) telecommunications service.
7237          (b) The following apply to Subsection (132)(a):
7238          (i) an amplifier;
7239          (ii) a cable;
7240          (iii) a closure;
7241          (iv) a conduit;
7242          (v) a controller;
7243          (vi) a duplexer;
7244          (vii) a filter;
7245          (viii) an input device;
7246          (ix) an input/output device;
7247          (x) an insulator;
7248          (xi) microwave machinery or equipment;
7249          (xii) an oscillator;
7250          (xiii) an output device;
7251          (xiv) a pedestal;
7252          (xv) a power converter;
7253          (xvi) a power supply;

7254          (xvii) a radio channel;
7255          (xviii) a radio receiver;
7256          (xix) a radio transmitter;
7257          (xx) a repeater;
7258          (xxi) software;
7259          (xxii) a terminal;
7260          (xxiii) a timing unit;
7261          (xxiv) a transformer;
7262          (xxv) a wire; or
7263          (xxvi) equipment, machinery, or software that functions similarly to an item listed in
7264     Subsections (132)(b)(i) through (xxv) as determined by the commission by rule made in
7265     accordance with Subsection (132)(c).
7266          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7267     commission may by rule define what constitutes equipment, machinery, or software that
7268     functions similarly to an item listed in Subsections (132)(b)(i) through (xxv).
7269          (133) (a) "Textbook for a higher education course" means a textbook or other printed
7270     material that is required for a course:
7271          (i) offered by an institution of higher education; and
7272          (ii) that the purchaser of the textbook or other printed material attends or will attend.
7273          (b) "Textbook for a higher education course" includes a textbook in electronic format.
7274          (134) "Tobacco" means:
7275          (a) a cigarette;
7276          (b) a cigar;
7277          (c) chewing tobacco;
7278          (d) pipe tobacco; or
7279          (e) any other item that contains tobacco.
7280          (135) "Unassisted amusement device" means an amusement device, skill device, or
7281     ride device that is started and stopped by the purchaser or renter of the right to use or operate

7282     the amusement device, skill device, or ride device.
7283          (136) (a) "Use" means the exercise of any right or power over tangible personal
7284     property, a product transferred electronically, or a service under Subsection 59-12-103(1),
7285     incident to the ownership or the leasing of that tangible personal property, product transferred
7286     electronically, or service.
7287          (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
7288     property, a product transferred electronically, or a service in the regular course of business and
7289     held for resale.
7290          (137) "Value-added nonvoice data service" means a service:
7291          (a) that otherwise meets the definition of a telecommunications service except that a
7292     computer processing application is used to act primarily for a purpose other than conveyance,
7293     routing, or transmission; and
7294          (b) with respect to which a computer processing application is used to act on data or
7295     information:
7296          (i) code;
7297          (ii) content;
7298          (iii) form; or
7299          (iv) protocol.
7300          (138) (a) Subject to Subsection (138)(b), "vehicle" means the following that are
7301     required to be titled, registered, or titled and registered:
7302          (i) an aircraft as defined in Section 72-10-102;
7303          (ii) a vehicle as defined in Section 41-1a-102;
7304          (iii) an off-highway vehicle as defined in Section 41-22-2; or
7305          (iv) a vessel as defined in Section 41-1a-102.
7306          (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
7307          (i) a vehicle described in Subsection (138)(a); or
7308          (ii) (A) a locomotive;
7309          (B) a freight car;

7310          (C) railroad work equipment; or
7311          (D) other railroad rolling stock.
7312          (139) "Vehicle dealer" means a person engaged in the business of buying, selling, or
7313     exchanging a vehicle as defined in Subsection (138).
7314          (140) (a) "Vertical service" means an ancillary service that:
7315          (i) is offered in connection with one or more telecommunications services; and
7316          (ii) offers an advanced calling feature that allows a customer to:
7317          (A) identify a caller; and
7318          (B) manage multiple calls and call connections.
7319          (b) "Vertical service" includes an ancillary service that allows a customer to manage a
7320     conference bridging service.
7321          (141) (a) "Voice mail service" means an ancillary service that enables a customer to
7322     receive, send, or store a recorded message.
7323          (b) "Voice mail service" does not include a vertical service that a customer is required
7324     to have in order to utilize a voice mail service.
7325          (142) (a) Except as provided in Subsection (142)(b), "waste energy facility" means a
7326     facility that generates electricity:
7327          (i) using as the primary source of energy waste materials that would be placed in a
7328     landfill or refuse pit if it were not used to generate electricity, including:
7329          (A) tires;
7330          (B) waste coal;
7331          (C) oil shale; or
7332          (D) municipal solid waste; and
7333          (ii) in amounts greater than actually required for the operation of the facility.
7334          (b) "Waste energy facility" does not include a facility that incinerates:
7335          (i) hospital waste as defined in 40 C.F.R. 60.51c; or
7336          (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
7337          (143) "Watercraft" means a vessel as defined in Section 73-18-2.

7338          (144) "Wind energy" means wind used as the sole source of energy to produce
7339     electricity.
7340          (145) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
7341     location by the United States Postal Service.
7342          Section 78. Section 59-28-103 is amended to read:
7343          59-28-103. Imposition -- Rate -- Revenue distribution.
7344          (1) Subject to the other provisions of this chapter, the state shall impose a tax on the
7345     transactions described in Subsection 59-12-103(1)(i) at a rate of .32%.
7346          (2) The tax imposed under this chapter is in addition to any other taxes imposed on the
7347     transactions described in Subsection 59-12-103(1)(i).
7348          (3) (a) (i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the
7349     revenue the state collects from the tax under this chapter into the Hospitality and Tourism
7350     Management Education Account created in Section [53A-15-207] 53F-9-501 to fund the
7351     Hospitality and Tourism Management Career and Technical Education Pilot Program created
7352     in Section [53A-15-206] 53E-3-515.
7353          (ii) The commission may not deposit more than $300,000 into the Hospitality and
7354     Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year.
7355          (b) Except for the amount deposited into the Hospitality and Tourism Management
7356     Education Account under Subsection (3)(a) and the administrative charge retained under
7357     Subsection 59-28-104(4), the commission shall deposit any revenue the state collects from the
7358     tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section
7359     63N-9-205 to fund the Outdoor Recreational Infrastructure Grant Program created in Section
7360     63N-9-202.
7361          Section 79. Section 62A-2-108.1 is amended to read:
7362          62A-2-108.1. Coordination of human services and educational services --
7363     Licensing of programs -- Procedures.
7364          (1) For purposes of this section:
7365          (a) "accredited private school" means a private school that is accredited by an

7366     accrediting entity recognized by the Utah State Board of Education; and
7367          (b) "education entitled children" means children:
7368          (i) subject to compulsory education under Section [53A-11-101.5] 53G-6-202;
7369          (ii) subject to the school attendance requirements of Section [53A-11-101.7]
7370     53G-6-203; or
7371          (iii) entitled to educational services under Section [53A-15-301] 53E-7-202.
7372          (2) Subject to Subsection (8) or (9), a human services program may not be licensed to
7373     serve education entitled children unless the human services program presents an educational
7374     service plan that includes evidence:
7375          (a) satisfactory to:
7376          (i) the office; and
7377          (ii) (A) the local school board of the school district in which the human services
7378     program will be operated; or
7379          (B) the school district superintendent of the school district in which the human services
7380     program will be operated; and
7381          (b) that children served by the human services program shall receive appropriate
7382     educational services satisfying the requirements of applicable law.
7383          (3) Subject to Subsection (8) or (9), if a human services program serves any education
7384     entitled children whose custodial parents or legal guardians reside outside the state, then the
7385     program shall also provide an educational funding plan that includes evidence:
7386          (a) satisfactory to:
7387          (i) the office; and
7388          (ii) (A) the local school board of the school district in which the human services
7389     program will be operated; or
7390          (B) the school district superintendent of the school district in which the human services
7391     program will be operated; and
7392          (b) that all costs for educational services to be provided to the education entitled
7393     children, including tuition, and school fees approved by the local school board, shall be borne

7394     by the human services program.
7395          (4) Subject to Subsection (8) or (9), and in accordance with Subsection (2), the human
7396     services program shall obtain and provide the office with a letter:
7397          (a) from the entity referred to in Subsection (2)(a)(ii):
7398          (i) approving the educational service plan referred to in Subsection (2); or
7399          (ii) (A) disapproving the educational service plan referred to in Subsection (2); and
7400          (B) listing the specific requirements the human services program must meet before
7401     approval is granted; and
7402          (b) from the entity referred to in Subsection (3)(a)(ii):
7403          (i) approving the educational funding plan, referred to in Subsection (3); or
7404          (ii) (A) disapproving the educational funding plan, referred to in Subsection (3); and
7405          (B) listing the specific requirements the human services program must meet before
7406     approval is granted.
7407          (5) Subject to Subsection (8), failure of a local school board or school district
7408     superintendent to respond to a proposed plan within 45 days of receipt of the plan is equivalent
7409     to approval of the plan by the local school board or school district superintendent if the human
7410     services program provides to the office:
7411          (a) proof that:
7412          (i) the human services program submitted the proposed plan to the local school board
7413     or school district superintendent; and
7414          (ii) more than 45 days have passed from the day on which the plan was submitted; and
7415          (b) an affidavit, on a form produced by the office, stating:
7416          (i) the date that the human services program submitted the proposed plan to the local
7417     school board or school district superintendent;
7418          (ii) that more than 45 days have passed from the day on which the plan was submitted;
7419     and
7420          (iii) that the local school board or school district superintendent described in
7421     Subsection (5)(b)(i) failed to respond to the proposed plan within 45 days from the day on

7422     which the plan was submitted.
7423          (6) If a licensee that is licensed to serve an education entitled child fails to comply with
7424     its approved educational service plan or educational funding plan, then:
7425          (a) the office shall give the licensee notice of intent to revoke the licensee's license; and
7426          (b) if the licensee continues its noncompliance for more than 30 days after receipt of
7427     the notice described in Subsection (6)(a), the office shall revoke the licensee's license.
7428          (7) If an education entitled child whose custodial parent or legal guardian resides
7429     within the state is provided with educational services by a school district other than the school
7430     district in which the custodial parent or legal guardian resides, then the funding provisions of
7431     Section [53A-2-210] 53G-6-405 apply.
7432          (8) A human services program that is an accredited private school:
7433          (a) for purposes of Subsection (2):
7434          (i) is only required to submit proof to the office that the accreditation of the private
7435     school is current; and
7436          (ii) is not required to submit an educational service plan for approval by an entity
7437     described in Subsection (2)(a)(ii);
7438          (b) for purposes of Subsection (3):
7439          (i) is only required to submit proof to the office that all costs for educational services
7440     provided to education entitled children will be borne by the human services program; and
7441          (ii) is not required to submit an educational funding plan for approval by an entity
7442     described in Subsection (3)(a)(ii); and
7443          (c) is not required to comply with Subsections (4) and (5).
7444          (9) Except for Subsection (7), the provisions of this section do not apply to a human
7445     services program that is:
7446          (a) a foster home; and
7447          (b) required to be licensed by the office.
7448          Section 80. Section 62A-4a-202.6 is amended to read:
7449          62A-4a-202.6. Conflict child protective services investigations -- Authority of

7450     investigators.
7451          (1) (a) The division shall contract with an independent child protective service
7452     investigator from the private sector to investigate reports of abuse or neglect of a child that
7453     occur while the child is in the custody of the division.
7454          (b) The executive director shall designate an entity within the department, other than
7455     the division, to monitor the contract for the investigators described in Subsection (1)(a).
7456          (c) Subject to Subsection (4), when a report is made that a child is abused or neglected
7457     while in the custody of the division:
7458          (i) the attorney general may, in accordance with Section 67-5-16, and with the consent
7459     of the division, employ a child protective services investigator to conduct a conflict
7460     investigation of the report; or
7461          (ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent
7462     of the division, conduct a conflict investigation of the report.
7463          (d) Subsection (1)(c)(ii) does not prevent a law enforcement officer from, without the
7464     consent of the division, conducting a criminal investigation of abuse or neglect under Title 53,
7465     Public Safety Code.
7466          (2) The investigators described in Subsections (1)(c) and (d) may also investigate
7467     allegations of abuse or neglect of a child by a department employee or a licensed substitute care
7468     provider.
7469          (3) The investigators described in Subsection (1), if not peace officers, shall have the
7470     same rights, duties, and authority of a child protective services investigator employed by the
7471     division to:
7472          (a) make a thorough investigation upon receiving either an oral or written report of
7473     alleged abuse or neglect of a child, with the primary purpose of that investigation being the
7474     protection of the child;
7475          (b) make an inquiry into the child's home environment, emotional, or mental health, the
7476     nature and extent of the child's injuries, and the child's physical safety;
7477          (c) make a written report of their investigation, including determination regarding

7478     whether the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and
7479     forward a copy of that report to the division within the time mandates for investigations
7480     established by the division; and
7481          (d) immediately consult with school authorities to verify the child's status in
7482     accordance with Sections [53A-11-101] 53G-6-201 through [53A-11-103] 53G-6-206 when a
7483     report is based upon or includes an allegation of educational neglect.
7484          (4) If there is a lapse in the contract with a private child protective service investigator
7485     and no other investigator is available under Subsection (1)(a) or (c), the department may
7486     conduct an independent investigation.
7487          Section 81. Section 62A-4a-409 is amended to read:
7488          62A-4a-409. Investigation by division -- Temporary protective custody --
7489     Preremoval interviews of children.
7490          (1) (a) The division shall make a thorough preremoval investigation upon receiving
7491     either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug
7492     dependency, when there is reasonable cause to suspect that a situation of abuse, neglect, fetal
7493     alcohol syndrome, or fetal drug dependency exists.
7494          (b) The primary purpose of the investigation described in Subsection (1)(a) shall be
7495     protection of the child.
7496          (2) The preremoval investigation described in Subsection (1)(a) shall include the same
7497     investigative requirements described in Section 62A-4a-202.3.
7498          (3) The division shall make a written report of its investigation that shall include a
7499     determination regarding whether the alleged abuse or neglect is supported, unsupported, or
7500     without merit.
7501          (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
7502     with reports made under this part.
7503          (b) The division shall convene a child protection team to assist the division in the
7504     division's protective, diagnostic, assessment, treatment, and coordination services.
7505          (c) The division may include members of a child protection unit in the division's

7506     protective, diagnostic, assessment, treatment, and coordination services.
7507          (d) A representative of the division shall serve as the team's coordinator and chair.
7508     Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
7509     shall include representatives of:
7510          (i) health, mental health, education, and law enforcement agencies;
7511          (ii) the child;
7512          (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
7513     and
7514          (iv) other appropriate agencies or individuals.
7515          (5) If a report of neglect is based upon or includes an allegation of educational neglect,
7516     the division shall immediately consult with school authorities to verify the child's status in
7517     accordance with Sections [53A-11-101] 53G-6-201 through [53A-11-103] 53G-6-206.
7518          (6) When the division completes its initial investigation under this part, it shall give
7519     notice of that completion to the person who made the initial report.
7520          (7) Division workers or other child protection team members have authority to enter
7521     upon public or private premises, using appropriate legal processes, to investigate reports of
7522     alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
7523     Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
7524          (8) With regard to any interview of a child prior to removal of that child from the
7525     child's home:
7526          (a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
7527     the child prior to the interview of:
7528          (i) the specific allegations concerning the child; and
7529          (ii) the time and place of the interview;
7530          (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
7531     alleged perpetrator, the division is not required to comply with Subsection (8)(a);
7532          (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
7533     is unknown, the division may conduct a minimal interview or conversation, not to exceed 15

7534     minutes, with the child prior to complying with Subsection (8)(a);
7535          (d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
7536     notified as soon as practicable after the child has been interviewed, but in no case later than 24
7537     hours after the interview has taken place;
7538          (e) a child's parents shall be notified of the time and place of all subsequent interviews
7539     with the child; and
7540          (f) the child shall be allowed to have a support person of the child's choice present,
7541     who:
7542          (i) may include:
7543          (A) a school teacher;
7544          (B) an administrator;
7545          (C) a guidance counselor;
7546          (D) a child care provider;
7547          (E) a family member;
7548          (F) a family advocate; or
7549          (G) clergy; and
7550          (ii) may not be a person who is alleged to be, or potentially may be, the perpetrator.
7551          (9) In accordance with the procedures and requirements of Sections 62A-4a-202.1
7552     through 62A-4a-202.3, a division worker or child protection team member may take a child
7553     into protective custody and deliver the child to a law enforcement officer, or place the child in
7554     an emergency shelter facility approved by the juvenile court, at the earliest opportunity
7555     subsequent to the child's removal from the child's original environment. Control and
7556     jurisdiction over the child is determined by the provisions of Title 78A, Chapter 6, Juvenile
7557     Court Act, and as otherwise provided by law.
7558          (10) With regard to cases in which law enforcement has or is conducting an
7559     investigation of alleged abuse or neglect of a child:
7560          (a) the division shall coordinate with law enforcement to ensure that there is an
7561     adequate safety plan to protect the child from further abuse or neglect; and

7562          (b) the division is not required to duplicate an aspect of the investigation that, in the
7563     division's determination, has been satisfactorily completed by law enforcement.
7564          (11) With regard to a mutual case in which a child protection unit was involved in the
7565     investigation of alleged abuse or neglect of a child, the division shall consult with the child
7566     protection unit before closing the case.
7567          Section 82. Section 62A-4a-606 is amended to read:
7568          62A-4a-606. Child-placing agency responsibility for educational services --
7569     Payment of costs.
7570          (1) A child-placing agency shall ensure that the requirements of Subsections
7571     [53A-11-101.5] 53G-6-202(2) and [53A-11-101.7] 53G-6-203(1) are met through the provision
7572     of appropriate educational services for all children served in the state by the agency.
7573          (2) If the educational services are to be provided through a public school, and:
7574          (a) the custodial parent or legal guardian resides outside the state, then the child
7575     placing agency shall pay all educational costs required under Sections [53A-2-205] 53G-6-306
7576     and [53A-12-102] 53G-7-503; or
7577          (b) the custodial parent or legal guardian resides within the state, then the child placing
7578     agency shall pay all educational costs required under Section [53A-12-102] 53G-7-503.
7579          (3) Children in the custody or under the care of a Utah state agency are exempt from
7580     the payment of fees required under Subsection (2).
7581          (4) A public school shall admit any child living within its school boundaries who is
7582     under the supervision of a child placing agency upon payment by the agency of the tuition and
7583     fees required under Subsection (2).
7584          Section 83. Section 62A-4a-1002 is amended to read:
7585          62A-4a-1002. Definitions.
7586          As used in this part:
7587          (1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"
7588     means:
7589          (i) if committed by a person 18 years of age or older:

7590          (A) chronic abuse;
7591          (B) severe abuse;
7592          (C) sexual abuse;
7593          (D) sexual exploitation;
7594          (E) abandonment;
7595          (F) chronic neglect; or
7596          (G) severe neglect; or
7597          (ii) if committed by a person under the age of 18:
7598          (A) serious physical injury, as defined in Subsection 76-5-109(1), to another child
7599     which indicates a significant risk to other children; or
7600          (B) sexual behavior with or upon another child which indicates a significant risk to
7601     other children.
7602          (b) "Severe type of child abuse or neglect" does not include:
7603          (i) the use of reasonable and necessary physical restraint by an educator in accordance
7604     with Subsection [53A-11-802] 53G-8-302(2) or Section 76-2-401;
7605          (ii) a person's conduct that:
7606          (A) is justified under Section 76-2-401; or
7607          (B) constitutes the use of reasonable and necessary physical restraint or force in
7608     self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
7609     other dangerous object in the possession or under the control of a child or to protect the child or
7610     another person from physical injury; or
7611          (iii) a health care decision made for a child by the child's parent or guardian, unless,
7612     subject to Subsection 62A-4a-1004(2), the state or other party to the proceeding shows, by
7613     clear and convincing evidence, that the health care decision is not reasonable and informed.
7614          (2) "Significant risk" means a risk of harm that is determined to be significant in
7615     accordance with risk assessment tools and rules established by the division that focus on:
7616          (a) age;
7617          (b) social factors;

7618          (c) emotional factors;
7619          (d) sexual factors;
7620          (e) intellectual factors;
7621          (f) family risk factors; and
7622          (g) other related considerations.
7623          Section 84. Section 62A-5a-102 is amended to read:
7624          62A-5a-102. Definitions.
7625          As used in this chapter:
7626          (1) "Council" means the Coordinating Council for Persons with Disabilities.
7627          (2) "State agencies" means:
7628          (a) the Division of Services for People with Disabilities and the Division of Substance
7629     Abuse and Mental Health, within the Department of Human Services;
7630          (b) the Division of Health Care Financing within the Department of Health;
7631          (c) family health services programs established under Title 26, Chapter 10, Family
7632     Health Services, operated by the Department of Health;
7633          (d) the Utah State Office of Rehabilitation created in Section 35A-1-202; and
7634          (e) special education programs operated by the State Board of Education and local
7635     school districts under [Title 53A, Chapter 15, Part 3, Education of Children with Disabilities]
7636     Title 53E, Chapter 7, Part 2, Special Education Program.
7637          Section 85. Section 62A-5a-105 is amended to read:
7638          62A-5a-105. Coordination of services for school-age children.
7639          (1) Within appropriations authorized by the Legislature, the state director of special
7640     education, the director of the Utah State Office of Rehabilitation created in Section 35A-1-202,
7641     the executive director of the Department of Human Services, and the family health services
7642     director within the Department of Health, or their designees, and the affected local school
7643     district shall cooperatively develop a single coordinated education program, treatment services,
7644     and individual and family supports for students entitled to a free appropriate education under
7645     [Title 53A, Chapter 15, Part 3, Education of Children with Disabilities] Title 53E, Chapter 7,

7646     Part 2, Special Education Program, who also require services from the Department of Human
7647     Services, the Department of Health, or the Utah State Office of Rehabilitation.
7648          (2) Distribution of costs for services and supports described in Subsection (1) shall be
7649     determined through a process established by the State Board of Education, the Department of
7650     Human Services, and the Department of Health.
7651          Section 86. Section 62A-15-1101 is amended to read:
7652          62A-15-1101. Suicide prevention -- Reporting requirements.
7653          (1) As used in the section:
7654          (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
7655     within the Department of Public Safety.
7656          (b) "Division" means the Division of Substance Abuse and Mental Health.
7657          (c) "Intervention" means an effort to prevent a person from attempting suicide.
7658          (d) "Postvention" means mental health intervention after a suicide attempt or death to
7659     prevent or contain contagion.
7660          (e) "State suicide prevention coordinator" means an individual designated by the
7661     division as described in Subsections (2) and (3).
7662          (2) The division shall appoint a state suicide prevention coordinator to administer a
7663     state suicide prevention program composed of suicide prevention, intervention, and postvention
7664     programs, services, and efforts.
7665          (3) The state suicide prevention program may include the following components:
7666          (a) delivery of resources, tools, and training to community-based coalitions;
7667          (b) evidence-based suicide risk assessment tools and training;
7668          (c) town hall meetings for building community-based suicide prevention strategies;
7669          (d) suicide prevention gatekeeper training;
7670          (e) training to identify warning signs and to manage an at-risk individual's crisis;
7671          (f) evidence-based intervention training;
7672          (g) intervention skills training; and
7673          (h) postvention training.

7674          (4) The state suicide prevention coordinator shall coordinate with the following to
7675     gather statistics, among other duties:
7676          (a) local mental health and substance abuse authorities;
7677          (b) the State Board of Education, including the public education suicide prevention
7678     coordinator described in Section [53A-15-1301] 53G-9-702;
7679          (c) the Department of Health;
7680          (d) health care providers, including emergency rooms;
7681          (e) federal agencies, including the Federal Bureau of Investigation;
7682          (f) other unbiased sources; and
7683          (g) other public health suicide prevention efforts.
7684          (5) The state suicide prevention coordinator shall provide a written report to the Health
7685     and Human Services Interim Committee, by the October meeting every year, on:
7686          (a) implementation of the state suicide prevention program, as described in Subsections
7687     (2) and (3);
7688          (b) data measuring the effectiveness of each component of the state suicide prevention
7689     program;
7690          (c) funds appropriated for each component of the state suicide prevention program; and
7691          (d) five-year trends of suicides in Utah, including subgroups of youths and adults and
7692     other subgroups identified by the state suicide prevention coordinator.
7693          (6) The state suicide prevention coordinator shall report to the Legislature's:
7694          (a) Education Interim Committee, by the October 2015 meeting, jointly with the State
7695     Board of Education, on the coordination of suicide prevention programs and efforts with the
7696     State Board of Education and the public education suicide prevention coordinator as described
7697     in Section [53A-15-1301] 53G-9-702; and
7698          (b) Health and Human Services Interim Committee, by the October 2017 meeting,
7699     statistics on the number of annual suicides in Utah, including how many suicides were
7700     committed with a gun, and if so:
7701          (i) where the victim procured the gun and if the gun was legally possessed by the

7702     victim;
7703          (ii) if the victim purchased the gun legally and whether a background check was
7704     performed before the victim purchased the gun;
7705          (iii) whether the victim had a history of mental illness or was under the treatment of a
7706     mental health professional;
7707          (iv) whether any medication or illegal drugs or alcohol were also involved in the
7708     suicide; and
7709          (v) if the suicide incident also involved the injury or death of another individual,
7710     whether the shooter had a history of domestic violence.
7711          (7) The state suicide prevention coordinator shall consult with the bureau to implement
7712     and manage the operation of a firearm safety program, as described in Subsection
7713     53-10-202(18), Section 53-10-202.1, and the Suicide Prevention Education Program described
7714     in Section 53-10-202.3.
7715          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7716     division shall make rules:
7717          (a) governing the implementation of the state suicide prevention program, consistent
7718     with this section; and
7719          (b) in conjunction with the bureau, defining the criteria for employers to apply for
7720     grants under the Suicide Prevention Education Program in Section 53-10-202.3, which shall
7721     include:
7722          (i) attendance at a suicide prevention education course; and
7723          (ii) display of posters and distribution of the firearm safety brochures or packets
7724     created in Subsection 53-10-202(18)(a)(iii), but does not require the distribution of a
7725     cable-style gun lock with a firearm if the firearm already has a trigger lock or comparable
7726     safety mechanism.
7727          (9) The state suicide prevention coordinator shall present to the Health and Human
7728     Services Interim Committee, no later than November 2017, a 10-year statewide suicide
7729     prevention plan.

7730          (10) As funding by the Legislature allows, the state suicide prevention coordinator
7731     shall award grants, not to exceed a total of $100,000 per fiscal year, to suicide prevention
7732     programs that focus on the needs of children who have been served by the Division of Juvenile
7733     Justice Services.
7734          Section 87. Section 63A-3-106 is amended to read:
7735          63A-3-106. Per diem rates for board members.
7736          (1) As used in this section and Section 63A-3-107:
7737          (a) "Board" means a board, commission, council, committee, task force, or similar
7738     body established to perform a governmental function.
7739          (b) "Board member" means a person appointed or designated by statute to serve on a
7740     board.
7741          (c) "Executive branch" means an agency within the executive branch of state
7742     government.
7743          (d) (i) "Governmental entity" has the same meaning, except as provided in Subsection
7744     (1)(d)(ii), as provided under Section 63G-2-103.
7745          (ii) "Governmental entity" does not include an association as defined in Section
7746     [53A-16-101] 53G-7-1101.
7747          (e) "Higher education" means a state institution of higher education, as defined under
7748     Section 53B-1-102.
7749          (f) "Officer" means a person who is elected or appointed to an office or position within
7750     a governmental entity.
7751          (g) "Official meeting" means a meeting of a board that is called in accordance with
7752     statute.
7753          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
7754     subject to approval by the executive director, the director of the Division of Finance shall make
7755     rules establishing per diem rates to defray subsistence costs for a board member's attendance at
7756     an official meeting.
7757          (3) Unless otherwise provided by statute, a per diem rate established under Subsection

7758     (2) is applicable to a board member who serves:
7759          (a) within the executive branch, except as provided under Subsection (3)(b);
7760          (b) within higher education, unless higher education pays the costs of the per diem;
7761          (c) on a board that is:
7762          (i) not included under Subsection (3)(a) or (b); and
7763          (ii) created by a statute that adopts the per diem rates by reference to:
7764          (A) this section; and
7765          (B) the rule authorized by this section; and
7766          (d) within a government entity that is not included under Subsection (3)(a), if the
7767     government entity adopts the per diem rates by reference to:
7768          (i) this section; or
7769          (ii) the rule establishing the per diem rates.
7770          (4) (a) Unless otherwise provided by statute, a board member who is not a legislator
7771     may receive per diem under this section and travel expenses under Section 63A-3-107 if the per
7772     diem and travel expenses are incurred by the board member for attendance at an official
7773     meeting.
7774          (b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or
7775     travel expenses under this Subsection (4) if the board member is being paid by a governmental
7776     entity while performing the board member's service on the board.
7777          (5) A board member may decline to receive per diem for the board member's service.
7778          (6) Compensation and expenses of a board member who is a legislator are governed by
7779     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
7780          Section 88. Section 63A-3-402 is amended to read:
7781          63A-3-402. Utah Public Finance Website -- Establishment and administration --
7782     Records disclosure -- Exceptions.
7783          (1) There is created the Utah Public Finance Website to be administered by the
7784     Division of Finance with the technical assistance of the Department of Technology Services.
7785          (2) The Utah Public Finance Website shall:

7786          (a) permit Utah taxpayers to:
7787          (i) view, understand, and track the use of taxpayer dollars by making public financial
7788     information available on the Internet for participating state entities, independent entities, and
7789     participating local entities, using the Utah Public Finance Website; and
7790          (ii) link to websites administered by participating local entities or independent entities
7791     that do not use the Utah Public Finance Website for the purpose of providing participating
7792     local entities' or independent entities' public financial information as required by this part and
7793     by rule under Section 63A-3-404;
7794          (b) allow a person who has Internet access to use the website without paying a fee;
7795          (c) allow the public to search public financial information on the Utah Public Finance
7796     Website using criteria established by the board;
7797          (d) provide access to financial reports, financial audits, budgets, or other financial
7798     documents that are used to allocate, appropriate, spend, and account for government funds, as
7799     may be established by rule under Section 63A-3-404;
7800          (e) have a unique and simplified website address;
7801          (f) be directly accessible via a link from the main page of the official state website;
7802          (g) include other links, features, or functionality that will assist the public in obtaining
7803     and reviewing public financial information, as may be established by rule under Section
7804     63A-3-404; and
7805          (h) include a link to school report cards published on the State Board of Education's
7806     website under Section [53A-1-1112] 53E-5-211.
7807          (3) The division shall:
7808          (a) establish and maintain the website, including the provision of equipment, resources,
7809     and personnel as necessary;
7810          (b) maintain an archive of all information posted to the website;
7811          (c) coordinate and process the receipt and posting of public financial information from
7812     participating state entities;
7813          (d) coordinate and regulate the posting of public financial information by participating

7814     local entities and independent entities; and
7815          (e) provide staff support for the advisory committee.
7816          (4) (a) A participating state entity and each independent entity shall permit the public
7817     to view the entity's public financial information via the website, beginning with information
7818     that is generated not later than the fiscal year that begins July 1, 2008, except that public
7819     financial information for an:
7820          (i) institution of higher education shall be provided beginning with information
7821     generated for the fiscal year beginning July 1, 2009; and
7822          (ii) independent entity shall be provided beginning with information generated for the
7823     entity's fiscal year beginning in 2014.
7824          (b) No later than May 15, 2009, the website shall:
7825          (i) be operational; and
7826          (ii) permit public access to participating state entities' public financial information,
7827     except as provided in Subsections (4)(c) and (d).
7828          (c) An institution of higher education that is a participating state entity shall submit the
7829     entity's public financial information at a time allowing for inclusion on the website no later
7830     than May 15, 2010.
7831          (d) No later than the first full quarter after July 1, 2014, an independent entity shall
7832     submit the entity's public financial information for inclusion on the Utah Public Finance
7833     Website or via a link to its own website on the Utah Public Finance Website.
7834          (5) (a) The Utah Educational Savings Plan, created in Section 53B-8a-103, shall
7835     provide the following financial information to the division for posting on the Utah Public
7836     Finance Website:
7837          (i) administrative fund expense transactions from its general ledger accounting system;
7838     and
7839          (ii) employee compensation information.
7840          (b) The plan is not required to submit other financial information to the division,
7841     including:

7842          (i) revenue transactions;
7843          (ii) account owner transactions; and
7844          (iii) fiduciary or commercial information, as defined in Section 53B-12-102.
7845          (6) (a) The following independent entities shall each provide administrative expense
7846     transactions from its general ledger accounting system and employee compensation
7847     information to the division for posting on the Utah Public Finance Website or via a link to a
7848     website administered by the independent entity:
7849          (i) the Utah Capital Investment Corporation, created in Section 63N-6-301;
7850          (ii) the Utah Housing Corporation, created in Section 63H-8-201; and
7851          (iii) the School and Institutional Trust Lands Administration, created in Section
7852     53C-1-201.
7853          (b) For purposes of this part, an independent entity described in Subsection (6)(a) is not
7854     required to submit to the division, or provide a link to, other financial information, including:
7855          (i) revenue transactions of a fund or account created in its enabling statute;
7856          (ii) fiduciary or commercial information related to any subject if the disclosure of the
7857     information:
7858          (A) would conflict with fiduciary obligations; or
7859          (B) is prohibited by insider trading provisions;
7860          (iii) information of a commercial nature, including information related to:
7861          (A) account owners, borrowers, and dependents;
7862          (B) demographic data;
7863          (C) contracts and related payments;
7864          (D) negotiations;
7865          (E) proposals or bids;
7866          (F) investments;
7867          (G) the investment and management of funds;
7868          (H) fees and charges;
7869          (I) plan and program design;

7870          (J) investment options and underlying investments offered to account owners;
7871          (K) marketing and outreach efforts;
7872          (L) lending criteria;
7873          (M) the structure and terms of bonding; and
7874          (N) financial plans or strategies; and
7875          (iv) information protected from public disclosure by federal law.
7876          (7) (a) As used in this Subsection (7):
7877          (i) "Local education agency" means a school district or a charter school.
7878          (ii) "New school building project" means:
7879          (A) the construction of a school or school facility that did not previously exist in a local
7880     education agency; or
7881          (B) the lease or purchase of an existing building, by a local education agency, to be
7882     used as a school or school facility.
7883          (iii) "School facility" means a facility, including a pool, theater, stadium, or
7884     maintenance building, that is built, leased, acquired, or remodeled by a local education agency
7885     regardless of whether the facility is open to the public.
7886          (iv) "Significant school remodel" means a construction project undertaken by a local
7887     education agency with a project cost equal to or greater than $2,000,000, including:
7888          (A) the upgrading, changing, alteration, refurbishment, modification, or complete
7889     substitution of an existing school or school facility in a local education agency; or
7890          (B) the addition of a school facility.
7891          (b) For each new school building project or significant school remodel, the local
7892     education agency shall:
7893          (i) prepare an annual school plant capital outlay report; and
7894          (ii) submit the report:
7895          (A) to the division for publication on the Utah Public Finance Website; and
7896          (B) in a format, including any raw data or electronic formatting, prescribed by
7897     applicable division policy.

7898          (c) The local education agency shall include in the capital outlay report described in
7899     Subsection (7)(b)(i) the following information as applicable to each new school building
7900     project or significant school remodel:
7901          (i) the name and location of the new school building project or significant school
7902     remodel;
7903          (ii) construction and design costs, including:
7904          (A) the purchase price or lease terms of any real property acquired or leased for the
7905     project or remodel;
7906          (B) facility construction;
7907          (C) facility and landscape design;
7908          (D) applicable impact fees; and
7909          (E) furnishings and equipment;
7910          (iii) the gross square footage of the project or remodel;
7911          (iv) the year construction was completed; and
7912          (v) the final student capacity of the new school building project or, for a significant
7913     school remodel, the increase or decrease in student capacity created by the remodel.
7914          (d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
7915     the local education agency shall report the actual cost, fee, or other expense.
7916          (ii) The division may require that a local education agency provide further itemized
7917     data on information listed in Subsection (7)(c).
7918          (e) (i) No later than May 15, 2015, a local education agency shall provide the division a
7919     school plant capital outlay report for each new school building project and significant school
7920     remodel completed on or after July 1, 2004, and before May 13, 2014.
7921          (ii) For a new school building project or significant school remodel completed after
7922     May 13, 2014, the local education agency shall provide the school plant capital outlay report
7923     described in this Subsection (7) to the division annually by a date designated by the division.
7924          (8) A person who negligently discloses a record that is classified as private, protected,
7925     or controlled by Title 63G, Chapter 2, Government Records Access and Management Act, is

7926     not criminally or civilly liable for an improper disclosure of the record if the record is disclosed
7927     solely as a result of the preparation or publication of the Utah Public Finance Website.
7928          Section 89. Section 63A-4-204 is amended to read:
7929          63A-4-204. School district participation in Risk Management Fund.
7930          (1) (a) For the purpose of this section, action by a public school district shall be taken
7931     upon resolution by a majority of the members of the school district's board of education.
7932          (b) (i) Upon approval by the state risk manager and the board of education of the
7933     school district, a public school district may participate in the Risk Management Fund and may
7934     permit a foundation established under Section [53A-4-205] 53E-3-403 to participate in the
7935     Risk Management Fund.
7936          (ii) Upon approval by the state risk manager and the State Board of Education, a state
7937     public education foundation may participate in the Risk Management Fund.
7938          (c) Subject to any cancellation or other applicable coverage provisions, either the state
7939     risk manager or the public school district may terminate participation in the fund.
7940          (2) The state risk manager shall contract for all insurance, legal, loss adjustment,
7941     consulting, loss control, safety, and other related services necessary to support the insurance
7942     program provided to a participating public school district, except that all supporting legal
7943     services are subject to the prior approval of the state attorney general.
7944          (3) (a) The state risk manager shall treat each participating public school district as a
7945     state agency when participating in the Risk Management Fund.
7946          (b) Each public school district participating in the fund shall comply with the
7947     provisions of this part that affect state agencies.
7948          (4) (a) Each year, the risk manager shall prepare, in writing, the information required
7949     by Subsection (4)(b) regarding the coverage against legal liability provided a school district
7950     employee of this state:
7951          (i) by the Risk Management Fund;
7952          (ii) under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
7953          (iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and

7954     Employees Act.
7955          (b) (i) The information described in Subsection (4)(a) shall include:
7956          (A) the eligibility requirements, if any, to receive the coverage;
7957          (B) the basic nature of the coverage for a school district employee, including what is
7958     not covered; and
7959          (C) whether the coverage is primary or in excess of any other coverage the risk
7960     manager knows is commonly available to a school district employee in this state.
7961          (ii) The information described in Subsection (4)(a) may include:
7962          (A) comparisons the risk manager considers beneficial to a school district employee
7963     between:
7964          (I) the coverage described in Subsection (4)(a); and
7965          (II) other coverage the risk manager knows is commonly available to a school district
7966     employee in this state; and
7967          (B) any other information the risk manager considers appropriate.
7968          (c) By no later than July 1 of each year, the risk manager shall provide the information
7969     prepared under this Subsection (4) to each school district that participates in the Risk
7970     Management Fund.
7971          (d) A school district that participates in the Risk Management Fund shall provide a
7972     copy of the information described in Subsection (4)(c) to each school district employee within
7973     the school district no later than the first day of each school year.
7974          (e) If a school district hires an employee after the first day of the school year, no later
7975     than 10 days after the day on which the employee is hired, the school district shall provide the
7976     information described in Subsection (4)(c) to the employee.
7977          Section 90. Section 63A-4-204.5 is amended to read:
7978          63A-4-204.5. Charter school participation in Risk Management Fund.
7979          (1) A charter school established under the authority of [Title 53A, Chapter 1a, Part 5,
7980     The Utah Charter Schools Act] Title 53G, Chapter 5, Charter Schools, may participate in the
7981     Risk Management Fund upon the approval of the state risk manager and the governing body of

7982     the charter school.
7983          (2) (a) For purposes of administration, the state risk manager shall treat each charter
7984     school participating in the fund as a state agency.
7985          (b) Each charter school participating in the fund shall comply with the provisions of
7986     this part that affect state agencies.
7987          (3) (a) Each year, the risk manager shall prepare, in writing, the information required
7988     by Subsection (3)(b) regarding the coverage against legal liability provided a charter school
7989     employee of this state:
7990          (i) by the Risk Management Fund;
7991          (ii) under Title 63G, Chapter 7, Utah Governmental Immunity Act of Utah; and
7992          (iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
7993     Employees Act.
7994          (b) (i) The information described in Subsection (3)(a) shall include:
7995          (A) the eligibility requirements, if any, to receive the coverage;
7996          (B) the basic nature of the coverage for a charter school employee, including what is
7997     not covered; and
7998          (C) whether the coverage is primary or in excess of any other coverage the risk
7999     manager knows is commonly available to a charter school employee in this state.
8000          (ii) The information described in Subsection (3)(a) may include:
8001          (A) comparisons the risk manager considers beneficial to a charter school employee
8002     between:
8003          (I) the coverage described in Subsection (3)(a); and
8004          (II) other coverage the risk manager knows is commonly available to a charter school
8005     employee in this state; and
8006          (B) any other information the risk manager considers appropriate.
8007          (c) By no later than July 1 of each year, the risk manager shall provide the information
8008     prepared under this Subsection (3) to each charter school that participates in the Risk
8009     Management Fund.

8010          (d) A charter school that participates in the Risk Management Fund shall provide a
8011     copy of the information described in Subsection (3)(c) to each charter school employee within
8012     the charter school no later than the first day of each school year.
8013          (e) If a charter school hires an employee after the first day of the school year, no later
8014     than 10 days after the day on which the employee is hired, the charter school shall provide the
8015     information described in Subsection (3)(c) to the employee.
8016          Section 91. Section 63G-2-103 is amended to read:
8017          63G-2-103. Definitions.
8018          As used in this chapter:
8019          (1) "Audit" means:
8020          (a) a systematic examination of financial, management, program, and related records
8021     for the purpose of determining the fair presentation of financial statements, adequacy of
8022     internal controls, or compliance with laws and regulations; or
8023          (b) a systematic examination of program procedures and operations for the purpose of
8024     determining their effectiveness, economy, efficiency, and compliance with statutes and
8025     regulations.
8026          (2) "Chronological logs" mean the regular and customary summary records of law
8027     enforcement agencies and other public safety agencies that show:
8028          (a) the time and general nature of police, fire, and paramedic calls made to the agency;
8029     and
8030          (b) any arrests or jail bookings made by the agency.
8031          (3) "Classification," "classify," and their derivative forms mean determining whether a
8032     record series, record, or information within a record is public, private, controlled, protected, or
8033     exempt from disclosure under Subsection 63G-2-201(3)(b).
8034          (4) (a) "Computer program" means:
8035          (i) a series of instructions or statements that permit the functioning of a computer
8036     system in a manner designed to provide storage, retrieval, and manipulation of data from the
8037     computer system; and

8038          (ii) any associated documentation and source material that explain how to operate the
8039     computer program.
8040          (b) "Computer program" does not mean:
8041          (i) the original data, including numbers, text, voice, graphics, and images;
8042          (ii) analysis, compilation, and other manipulated forms of the original data produced by
8043     use of the program; or
8044          (iii) the mathematical or statistical formulas, excluding the underlying mathematical
8045     algorithms contained in the program, that would be used if the manipulated forms of the
8046     original data were to be produced manually.
8047          (5) (a) "Contractor" means:
8048          (i) any person who contracts with a governmental entity to provide goods or services
8049     directly to a governmental entity; or
8050          (ii) any private, nonprofit organization that receives funds from a governmental entity.
8051          (b) "Contractor" does not mean a private provider.
8052          (6) "Controlled record" means a record containing data on individuals that is controlled
8053     as provided by Section 63G-2-304.
8054          (7) "Designation," "designate," and their derivative forms mean indicating, based on a
8055     governmental entity's familiarity with a record series or based on a governmental entity's
8056     review of a reasonable sample of a record series, the primary classification that a majority of
8057     records in a record series would be given if classified and the classification that other records
8058     typically present in the record series would be given if classified.
8059          (8) "Elected official" means each person elected to a state office, county office,
8060     municipal office, school board or school district office, local district office, or special service
8061     district office, but does not include judges.
8062          (9) "Explosive" means a chemical compound, device, or mixture:
8063          (a) commonly used or intended for the purpose of producing an explosion; and
8064          (b) that contains oxidizing or combustive units or other ingredients in proportions,
8065     quantities, or packing so that:

8066          (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
8067     compound or mixture may cause a sudden generation of highly heated gases; and
8068          (ii) the resultant gaseous pressures are capable of:
8069          (A) producing destructive effects on contiguous objects; or
8070          (B) causing death or serious bodily injury.
8071          (10) "Government audit agency" means any governmental entity that conducts an audit.
8072          (11) (a) "Governmental entity" means:
8073          (i) executive department agencies of the state, the offices of the governor, lieutenant
8074     governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
8075     the Board of Examiners, the National Guard, the Career Service Review Office, the State
8076     Board of Education, the State Board of Regents, and the State Archives;
8077          (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
8078     Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
8079     committees, except any political party, group, caucus, or rules or sifting committee of the
8080     Legislature;
8081          (iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
8082     administrative units in the judicial branch;
8083          (iv) any state-funded institution of higher education or public education; or
8084          (v) any political subdivision of the state, but, if a political subdivision has adopted an
8085     ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
8086     chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
8087     as specified in any other section of this chapter that specifically refers to political subdivisions.
8088          (b) "Governmental entity" also means:
8089          (i) every office, agency, board, bureau, committee, department, advisory board, or
8090     commission of an entity listed in Subsection (11)(a) that is funded or established by the
8091     government to carry out the public's business;
8092          (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
8093     undertaking;

8094          (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation; and
8095          (iv) an association as defined in Section [53A-1-1601] 53G-7-1101.
8096          (c) "Governmental entity" does not include the Utah Educational Savings Plan created
8097     in Section 53B-8a-103.
8098          (12) "Gross compensation" means every form of remuneration payable for a given
8099     period to an individual for services provided including salaries, commissions, vacation pay,
8100     severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
8101     similar benefit received from the individual's employer.
8102          (13) "Individual" means a human being.
8103          (14) (a) "Initial contact report" means an initial written or recorded report, however
8104     titled, prepared by peace officers engaged in public patrol or response duties describing official
8105     actions initially taken in response to either a public complaint about or the discovery of an
8106     apparent violation of law, which report may describe:
8107          (i) the date, time, location, and nature of the complaint, the incident, or offense;
8108          (ii) names of victims;
8109          (iii) the nature or general scope of the agency's initial actions taken in response to the
8110     incident;
8111          (iv) the general nature of any injuries or estimate of damages sustained in the incident;
8112          (v) the name, address, and other identifying information about any person arrested or
8113     charged in connection with the incident; or
8114          (vi) the identity of the public safety personnel, except undercover personnel, or
8115     prosecuting attorney involved in responding to the initial incident.
8116          (b) Initial contact reports do not include follow-up or investigative reports prepared
8117     after the initial contact report. However, if the information specified in Subsection (14)(a)
8118     appears in follow-up or investigative reports, it may only be treated confidentially if it is
8119     private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
8120          (15) "Legislative body" means the Legislature.
8121          (16) "Notice of compliance" means a statement confirming that a governmental entity

8122     has complied with a records committee order.
8123          (17) "Person" means:
8124          (a) an individual;
8125          (b) a nonprofit or profit corporation;
8126          (c) a partnership;
8127          (d) a sole proprietorship;
8128          (e) other type of business organization; or
8129          (f) any combination acting in concert with one another.
8130          (18) "Private provider" means any person who contracts with a governmental entity to
8131     provide services directly to the public.
8132          (19) "Private record" means a record containing data on individuals that is private as
8133     provided by Section 63G-2-302.
8134          (20) "Protected record" means a record that is classified protected as provided by
8135     Section 63G-2-305.
8136          (21) "Public record" means a record that is not private, controlled, or protected and that
8137     is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
8138          (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
8139     card, tape, recording, electronic data, or other documentary material regardless of physical form
8140     or characteristics:
8141          (i) that is prepared, owned, received, or retained by a governmental entity or political
8142     subdivision; and
8143          (ii) where all of the information in the original is reproducible by photocopy or other
8144     mechanical or electronic means.
8145          (b) "Record" does not mean:
8146          (i) a personal note or personal communication prepared or received by an employee or
8147     officer of a governmental entity:
8148          (A) in a capacity other than the employee's or officer's governmental capacity; or
8149          (B) that is unrelated to the conduct of the public's business;

8150          (ii) a temporary draft or similar material prepared for the originator's personal use or
8151     prepared by the originator for the personal use of an individual for whom the originator is
8152     working;
8153          (iii) material that is legally owned by an individual in the individual's private capacity;
8154          (iv) material to which access is limited by the laws of copyright or patent unless the
8155     copyright or patent is owned by a governmental entity or political subdivision;
8156          (v) proprietary software;
8157          (vi) junk mail or a commercial publication received by a governmental entity or an
8158     official or employee of a governmental entity;
8159          (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
8160     of a library open to the public;
8161          (viii) material that is cataloged, indexed, or inventoried and contained in the collections
8162     of a library open to the public, regardless of physical form or characteristics of the material;
8163          (ix) a daily calendar or other personal note prepared by the originator for the
8164     originator's personal use or for the personal use of an individual for whom the originator is
8165     working;
8166          (x) a computer program that is developed or purchased by or for any governmental
8167     entity for its own use;
8168          (xi) a note or internal memorandum prepared as part of the deliberative process by:
8169          (A) a member of the judiciary;
8170          (B) an administrative law judge;
8171          (C) a member of the Board of Pardons and Parole; or
8172          (D) a member of any other body, other than an association or appeals panel as defined
8173     in Section [53A-1-1601] 53G-7-1101, charged by law with performing a quasi-judicial
8174     function;
8175          (xii) a telephone number or similar code used to access a mobile communicati