1     
REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill modifies parts of the Utah Code to make technical corrections, including
10     eliminating references to repealed provisions, making minor wording changes, updating
11     cross-references, and correcting numbering.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies parts of the Utah Code to make technical corrections, including
15     eliminating references to repealed provisions, making minor wording changes,
16     updating cross-references, correcting numbering, and fixing errors that were created
17     from the previous year's session.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          4-11-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
25          4-41a-103, as renumbered and amended by Laws of Utah 2018, Third Special Session,
26     Chapter 1
27          4-41a-301, as renumbered and amended by Laws of Utah 2018, Third Special Session,

28     Chapter 1
29          7-25-205, as enacted by Laws of Utah 2015, Chapter 284
30          10-6-106, as last amended by Laws of Utah 2014, Chapters 176, 253, 377 and last
31     amended by Coordination Clause, Laws of Utah 2014, Chapter 253
32          10-9a-401, as last amended by Laws of Utah 2018, Chapter 218
33          11-54-102, as enacted by Laws of Utah 2016, Chapter 180
34          17-31-2, as last amended by Laws of Utah 2018, Chapter 240
35          17-36-4, as last amended by Laws of Utah 2013, Chapter 413
36          17-52a-403, as renumbered and amended by Laws of Utah 2018, Chapter 68
37          17-52a-406, as renumbered and amended by Laws of Utah 2018, Chapter 68
38          17B-2a-823, as last amended by Laws of Utah 2011, Chapter 366
39          20A-2-204, as last amended by Laws of Utah 2018, Chapter 206
40          20A-7-101, as last amended by Laws of Utah 2017, Chapter 291
41          26-18-416, as enacted by Laws of Utah 2018, Chapter 384
42          26-18-503, as last amended by Laws of Utah 2017, Chapter 443
43          26-36c-205, as enacted by Laws of Utah 2018, Chapter 468
44          26-36c-210, as enacted by Laws of Utah 2018, Chapter 468
45          26-61a-103, as renumbered and amended by Laws of Utah 2018, Third Special Session,
46     Chapter 1
47          26-61a-104, as renumbered and amended by Laws of Utah 2018, Third Special Session,
48     Chapter 1
49          26-61a-106, as renumbered and amended by Laws of Utah 2018, Third Special Session,
50     Chapter 1
51          26-61a-301, as renumbered and amended by Laws of Utah 2018, Third Special Session,
52     Chapter 1
53          26-61a-401, as renumbered and amended by Laws of Utah 2018, Third Special Session,
54     Chapter 1
55          26-61a-504, as renumbered and amended by Laws of Utah 2018, Third Special Session,
56     Chapter 1
57          26-61a-507, as renumbered and amended by Laws of Utah 2018, Third Special Session,
58     Chapter 1

59          26-61a-601, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
60          26-61a-602, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
61          26-61a-606, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
62          26-61a-611, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
63          26-63-102, as enacted by Laws of Utah 2018, Chapter 430
64          26-63-301, as enacted by Laws of Utah 2018, Chapter 430
65          26-63-401, as enacted by Laws of Utah 2018, Chapter 430
66          26-63-402, as enacted by Laws of Utah 2018, Chapter 430
67          30-3-10, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
68          31A-22-618, as last amended by Laws of Utah 2017, Chapter 292
69          34A-2-407, as last amended by Laws of Utah 2018, Chapter 268
70          34A-2-704, as last amended by Laws of Utah 2018, Chapter 207
71          34A-3-108, as last amended by Laws of Utah 2016, Chapter 242
72          35A-8-608, as enacted by Laws of Utah 2018, Chapter 312
73          35A-8-609, as enacted by Laws of Utah 2018, Chapter 312
74          35A-8-1601, as renumbered and amended by Laws of Utah 2012, Chapter 212
75          35A-8-1604, as renumbered and amended by Laws of Utah 2012, Chapter 212
76          35A-8-1701, as renumbered and amended by Laws of Utah 2012, Chapter 212
77          35A-8-1702, as renumbered and amended by Laws of Utah 2012, Chapter 212
78          35A-8-1703, as renumbered and amended by Laws of Utah 2012, Chapter 212
79          35A-8-1704, as last amended by Laws of Utah 2013, Chapter 400
80          35A-8-1707, as renumbered and amended by Laws of Utah 2012, Chapter 212
81          41-3-110, as enacted by Laws of Utah 2015, Chapter 93
82          41-6a-505, as last amended by Laws of Utah 2018, Chapter 334
83          46-5-108, as enacted by Laws of Utah 2018, Chapter 100
84          48-4-102, as enacted by Laws of Utah 2018, Chapter 201
85          48-4-301, as enacted by Laws of Utah 2018, Chapter 201
86          51-9-203, as last amended by Laws of Utah 2012, Chapter 242
87          51-9-408, as last amended by Laws of Utah 2014, Chapter 267
88          53-2a-203, as renumbered and amended by Laws of Utah 2013, Chapter 295
89          53-3-219, as last amended by Laws of Utah 2014, Chapter 314

90          53-5c-201, as last amended by Laws of Utah 2017, Chapter 334
91          53-9-122, as enacted by Laws of Utah 2018, Chapter 462
92          53-10-108, as last amended by Laws of Utah 2018, Chapters 417 and 427
93          53-10-202.3, as enacted by Laws of Utah 2017, Chapter 296
94          53B-26-102, as last amended by Laws of Utah 2018, Chapter 421
95          53D-1-102, as last amended by Laws of Utah 2018, Chapters 415 and 448
96          53E-9-305, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
97     amended by Laws of Utah 2018, Chapter 1
98          53F-2-203, as last amended by Laws of Utah 2018, Chapters 448, 456 and renumbered
99     and amended by Laws of Utah 2018, Chapter 2
100          53F-2-409, as renumbered and amended by Laws of Utah 2018, Chapter 2
101          53F-2-414, as enacted by Laws of Utah 2018, Chapter 464
102          53F-2-704, as enacted by Laws of Utah 2018, Chapter 2 and last amended by Laws of
103     Utah 2018, Chapters 211, 300, 383, and 456
104          53F-6-301, as last amended by Laws of Utah 2018, Chapter 389 and renumbered and
105     amended by Laws of Utah 2018, Chapter 2
106          53G-5-413, as enacted by Laws of Utah 2018, Chapter 3
107          53G-8-508, as renumbered and amended by Laws of Utah 2018, Chapter 3
108          53G-11-509, as renumbered and amended by Laws of Utah 2018, Chapter 3
109          54-17-807, as enacted by Laws of Utah 2018, Chapter 219
110          58-1-307, as last amended by Laws of Utah 2017, Chapter 326
111          58-31b-308, as last amended by Laws of Utah 2005, Chapters 50 and 134
112          58-31b-401, as last amended by Laws of Utah 2013, Chapter 364
113          58-55-305, as last amended by Laws of Utah 2018, Chapter 318
114          58-61-714, as enacted by Laws of Utah 2015, Chapter 367
115          58-67-304, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
116          58-68-304, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
117          58-80a-102, as last amended by Laws of Utah 2017, Chapter 305
118          59-1-306, as last amended by Laws of Utah 2018, Chapter 442
119          59-1-1409, as enacted by Laws of Utah 2009, Chapter 212
120          59-2-1004, as last amended by Laws of Utah 2018, Chapter 277

121          59-12-103, as amended by Statewide Initiative -- Proposition 3, Nov. 6, 2018
122          59-12-104, as last amended by Laws of Utah 2018, Second Special Session, Chapter 6
123          59-12-205, as last amended by Laws of Utah 2018, Chapters 258, 312, and 330
124          59-13-402, as last amended by Laws of Utah 2009, Chapters 222 and 358
125          59-13-403, as last amended by Laws of Utah 2006, Chapter 322
126          59-14-802, as enacted by Laws of Utah 2015, Chapter 132
127          61-1-11, as last amended by Laws of Utah 2009, Chapter 351
128          62A-2-101, as last amended by Laws of Utah 2018, Chapters 252 and 316
129          62A-4a-201, as last amended by Laws of Utah 2017, Chapter 330
130          62A-15-1101, as last amended by Laws of Utah 2018, Chapters 38, 414, and 415
131          63A-14-405, as enacted by Laws of Utah 2018, Chapter 461
132          63A-15-303, as enacted by Laws of Utah 2018, Chapter 461
133          63G-6a-103, as last amended by Laws of Utah 2018, Second Special Session, Chapter
134     4
135          63H-1-205, as enacted by Laws of Utah 2018, Chapter 442
136          63I-1-226, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
137          63I-1-231, as last amended by Laws of Utah 2018, Chapter 183
138          63I-1-234, as last amended by Laws of Utah 2018, Chapter 416
139          63I-1-253, as last amended by Laws of Utah 2018, Chapters 107, 117, 385, 415, and
140     453
141          63I-1-257, as last amended by Laws of Utah 2018, Chapter 281
142          63I-1-276, as enacted by Laws of Utah 2014, Chapter 226
143          63I-1-278, as last amended by Laws of Utah 2018, Chapter 25
144          63I-2-210, as last amended by Laws of Utah 2018, Second Special Session, Chapter 6
145          63I-2-217, as last amended by Laws of Utah 2018, Chapter 68 and further amended by
146     Revisor Instructions, Laws of Utah 2018, Chapter 456
147          63I-2-220, as last amended by Laws of Utah 2018, Chapters 187 and 458
148          63I-2-232, as last amended by Laws of Utah 2018, Chapters 249 and 313
149          63I-2-253, as last amended by Laws of Utah 2018, Chapters 107, 281, 382, 415, and
150     456
151          63I-2-262, as last amended by Laws of Utah 2018, Chapter 38

152          63I-2-272, as last amended by Laws of Utah 2017, Chapter 427
153          63J-1-201, as last amended by Laws of Utah 2017, Chapter 466
154          63J-1-220, as last amended by Laws of Utah 2018, Chapters 415 and 456
155          63J-1-602.1, as last amended by Laws of Utah 2018, Chapters 114, 347, 430 and
156     repealed and reenacted by Laws of Utah 2018, Chapter 469
157          63J-1-602.2, as repealed and reenacted by Laws of Utah 2018, Chapter 469
158          63J-1-801, as enacted by Laws of Utah 2018, Chapter 312
159          63M-7-210, as enacted by Laws of Utah 2018, Chapter 54
160          63N-2-503, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
161     amended by Laws of Utah 2015, Chapter 283
162          63N-2-504, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
163     amended by Laws of Utah 2015, Chapter 283
164          63N-4-404, as enacted by Laws of Utah 2018, Chapter 340
165          63N-6-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
166          63N-7-301, as last amended by Laws of Utah 2015, Chapter 301 and renumbered and
167     amended by Laws of Utah 2015, Chapter 283
168          75-6-401, as enacted by Laws of Utah 2018, Chapter 26
169          75-6-402, as enacted by Laws of Utah 2018, Chapter 26
170          75-6-403, as enacted by Laws of Utah 2018, Chapter 26
171          75-6-404, as enacted by Laws of Utah 2018, Chapter 26
172          75-6-416, as enacted by Laws of Utah 2018, Chapter 26
173          75-6-417, as enacted by Laws of Utah 2018, Chapter 26
174          75-6-419, as enacted by Laws of Utah 2018, Chapter 26
175          76-5-110, as last amended by Laws of Utah 2011, Chapter 366
176          76-6-412, as last amended by Laws of Utah 2018, Chapter 265
177          77-41-102, as last amended by Laws of Utah 2017, Chapter 434
178          78A-6-302, as last amended by Laws of Utah 2018, Chapter 91
179          78A-6-306, as last amended by Laws of Utah 2018, Chapter 91
180          78A-6-312, as last amended by Laws of Utah 2018, Chapter 91
181          78A-6-1103, as last amended by Laws of Utah 2014, Chapter 265
182          78A-6-1302, as last amended by Laws of Utah 2017, Chapter 330

183          78A-7-106, as last amended by Laws of Utah 2017, Chapter 330
184          78B-6-112, as last amended by Laws of Utah 2018, Chapter 359
185          78B-6-812, as last amended by Laws of Utah 2018, Chapter 291
186          78B-7-107, as last amended by Laws of Utah 2018, Chapter 255
187          78B-12-402, as last amended by Laws of Utah 2018, Chapter 21
188     

189     Be it enacted by the Legislature of the state of Utah:
190          Section 1. Section 4-11-102 is amended to read:
191          4-11-102. Definitions.
192          As used in this chapter:
193          (1) "Abandoned apiary" means any apiary to which the owner or operator fails to give
194     reasonable and adequate attention during a given year as determined by the department.
195          (2) "Apiary" means any place where one or more colonies of bees are located.
196          (3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment
197     used to handle or manipulate bees, honey, wax, or hives.
198          (4) "Appliance" means any apparatus, tool, machine, or other device used to handle or
199     manipulate bees, wax, honey, or hives.
200          (5) "Bee" means the common honey bee, Apis mellifera, at any stage of development.
201          (6) (a) "Beekeeper" means a person who keeps bees.
202          (b) "Beekeeper" includes an apiarist.
203          (7) "Colony" means an aggregation of bees in any type of hive that includes queens,
204     workers, drones, or brood.
205          (8) "Disease" means any infectious or contagious disease affecting bees, as specified by
206     the department, including American foulbrood.
207          (9) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial
208     or natural receptacle that may be used to house bees.
209          (10) "Package" means any number of bees in a bee-tight container, with or without a
210     queen, and without comb.
211          (11) "Parasite" means an organism that parasitizes any developmental stage of a bee.
212          (12) "Pest" means an organism that:
213          (a) inflicts damage to a bee or bee colony directly or indirectly; or

214          (b) may damage apiary equipment in a manner that is likely to have an adverse [affect]
215     effect on the health of the colony or an adjacent colony.
216          (13) "Raise" means:
217          (a) to hold a colony of bees in a hive for the purpose of pollination, honey production,
218     or study, or a similar purpose; and
219          (b) when the person holding a colony holds the colony or a package of bees in the state
220     for a period of time exceeding 30 days.
221          (14) "Terminal disease" means a pest, parasite, or pathogen that will kill an occupant
222     colony or subsequent colony on the same equipment.
223          Section 2. Section 4-41a-103 is amended to read:
224          4-41a-103. Inventory control system.
225          (1) Each cannabis production establishment, each medical cannabis pharmacy, and the
226     state central fill medical cannabis pharmacy shall maintain an inventory control system that
227     meets the requirements of this section.
228          (2) A cannabis production establishment, a medical cannabis pharmacy, and the state
229     central fill medical cannabis pharmacy shall ensure that the inventory control system
230     maintained by the establishment or pharmacy:
231          (a) tracks cannabis using a unique identifier, in real time, from the point that a cannabis
232     plant is eight inches tall and has a root ball until the cannabis is disposed of or sold, in the form
233     of unprocessed cannabis or a cannabis product, to an individual with a medical cannabis card;
234          (b) maintains in real time a record of the amount of cannabis and cannabis products in
235     the possession of the establishment or pharmacy;
236          (c) includes a video recording system that:
237          (i) tracks all handling and processing of cannabis or a cannabis product in the
238     establishment or pharmacy;
239          (ii) is tamper proof; and
240          (iii) stores a video record for at least 45 days; and
241          (d) preserves compatibility with the state electronic verification system described in
242     Section 26-61a-103.
243          (3) A cannabis production establishment, a medical cannabis pharmacy, and the state
244     central fill medical cannabis pharmacy shall allow the department or the Department of Health

245     access to the cannabis production establishment's, medical cannabis pharmacy's, or state central
246     fill medical cannabis pharmacy's inventory control system at any time.
247          (4) The department may establish compatibility standards for an inventory control
248     system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
249     Rulemaking Act.
250          (5) (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
251     Administrative Rulemaking Act, establishing requirements for aggregate or batch records
252     regarding the planting and propagation of cannabis before being tracked in an inventory control
253     system described in this section.
254          (b) The department shall ensure that the rules described in Subsection (5)(a) address
255     record-keeping for the amount of planted seed, number of cuttings taken, date and time of
256     cutting and planting, number of plants established, and number of plants culled or dead.
257          Section 3. Section 4-41a-301 is amended to read:
258          4-41a-301. Cannabis production establishment agent -- Registration.
259          (1) An individual may not act as a cannabis production establishment agent unless the
260     department registers the individual as a cannabis production establishment agent.
261          (2) The following individuals, regardless of the individual's status as a qualified
262     medical provider, may not serve as a cannabis production establishment agent, have a financial
263     or voting interest of 2% or greater in a cannabis production establishment, or have the power to
264     direct or cause the management or control of a cannabis production establishment:
265          (a) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
266          (b) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
267     Practice Act;
268          (c) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
269     58, Chapter 68, Utah Osteopathic Medical Practice Act; or
270          (d) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
271          (3) An independent cannabis testing laboratory agent may not act as an agent for a
272     medical cannabis pharmacy, the state central fill medical cannabis pharmacy, a cannabis
273     processing facility, or a cannabis cultivation facility.
274          (4) (a) The department shall, within 15 business days after the day on which the
275     department receives a complete application from a cannabis production establishment on

276     behalf of a prospective cannabis production establishment agent, register and issue a cannabis
277     production establishment agent registration card to the prospective agent if the cannabis
278     production establishment:
279          (i) provides to the department:
280          (A) the prospective agent's name and address;
281          (B) the name and location of a licensed cannabis production establishment where the
282     prospective agent will act as the cannabis production establishment's agent; and
283          (C) the submission required under Subsection (4)(b); and
284          (ii) pays a fee to the department in an amount that, subject to Subsection 4-41a-104(5),
285     the department sets in accordance with Section 63J-1-504.
286          (b) Each prospective agent described in Subsection (4)(a) shall:
287          (i) submit to the department:
288          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
289          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
290     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
291     Generation Identification System's Rap Back Service; and
292          (ii) consent to a fingerprint background check by:
293          (A) the Bureau of Criminal Identification; and
294          (B) the Federal Bureau of Investigation.
295          (c) The Bureau of Criminal Identification shall:
296          (i) check the fingerprints the prospective agent submits under Subsection (4)(b) against
297     the applicable state, regional, and national criminal records databases, including the Federal
298     Bureau of Investigation Next Generation Identification System;
299          (ii) report the results of the background check to the department;
300          (iii) maintain a separate file of fingerprints that prospective agents submit under
301     Subsection (4)(b) for search by future submissions to the local and regional criminal records
302     databases, including latent prints;
303          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
304     Generation Identification System's Rap Back Service for search by future submissions to
305     national criminal records databases, including the Next Generation Identification System and
306     latent prints; and

307          (v) establish a privacy risk mitigation strategy to ensure that the department only
308     receives notifications for an individual with whom the department maintains an authorizing
309     relationship.
310          (d) The department shall:
311          (i) assess an individual who submits fingerprints under Subsection (4)(b) a fee in an
312     amount that the department sets in accordance with Section 63J-1-504 for the services that the
313     Bureau of Criminal Identification or another authorized agency provides under this section; and
314          (ii) remit the fee described in Subsection (4)(d)(i) to the Bureau of Criminal
315     Identification.
316          (5) The department shall designate, on an individual's cannabis production
317     establishment agent registration card:
318          (a) the name of the cannabis production establishment where the individual is
319     registered as an agent; and
320          (b) the type of cannabis production establishment for which the individual is
321     authorized to act as an agent.
322          (6) A cannabis production establishment agent shall comply with:
323          (a) a certification standard that the department develops; or
324          (b) a third-party certification standard that the department designates by rule, in
325     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
326          (7) The department shall ensure that the certification standard described in Subsection
327     (6) includes training:
328          (a) in Utah medical cannabis law;
329          (b) for a cannabis cultivation facility agent, in cannabis cultivation best practices;
330          (c) for a cannabis processing facility agent, in cannabis processing, manufacturing
331     safety procedures for items for human consumption, and sanitation best practices; and
332          (d) for an independent cannabis testing laboratory agent, in cannabis testing best
333     practices.
334          (8) For an individual who holds or applies for a cannabis production establishment
335     agent registration card:
336          (a) the department may revoke or refuse to issue the card if the individual violates the
337     requirements of this chapter; and

338          (b) the department shall revoke or refuse to issue the card if the individual is convicted
339     under state or federal law of:
340          (i) a felony; or
341          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
342          (9) (a) A cannabis production establishment agent registration card expires two years
343     after the day on which the department issues the card.
344          (b) A cannabis production establishment agent may renew the agent's registration card
345     if the agent:
346          (i) is eligible for a cannabis production establishment registration card under this
347     section;
348          (ii) certifies to the department in a renewal application that the information in
349     Subsection (4)(a) is accurate or updates the information; and
350          (iii) pays to the department a renewal fee in an amount that:
351          (A) subject to Subsection 4-41a-104(5), the department sets in accordance with Section
352     63J-1-504; and
353          (B) may not exceed the cost of the relatively lower administrative burden of renewal in
354     comparison to the original application process.
355          Section 4. Section 7-25-205 is amended to read:
356          7-25-205. Issuance of license.
357          (1) Upon the filing of a complete application, the commissioner shall investigate the
358     financial condition and responsibility, financial and business experience, character, and general
359     fitness of the applicant. The commissioner may conduct an on-site investigation of the
360     applicant, the reasonable cost of which is to be borne by the applicant in accordance with
361     Subsection 7-1-401[(7)](6).
362          (2) The commissioner shall issue a license to the applicant authorizing the applicant to
363     engage in the licensed activities in this state if the commissioner finds that:
364          (a) the applicant's business will be conducted honestly, fairly, and in a manner
365     commanding the confidence and trust of the community;
366          (b) the applicant has fulfilled the requirements imposed by this chapter; and
367          (c) the applicant has paid the required original license fee under Section 7-1-401.
368          Section 5. Section 10-6-106 is amended to read:

369          10-6-106. Definitions.
370          As used in this chapter:
371          (1) "Account group" is defined by generally accepted accounting principles as reflected
372     in the Uniform Accounting Manual for Utah Cities.
373          (2) "Appropriation" means an allocation of money by the governing body for a specific
374     purpose.
375          (3) (a) "Budget" means a plan of financial operations for a fiscal period which
376     embodies estimates of proposed expenditures for given purposes and the proposed means of
377     financing them.
378          (b) "Budget" may refer to the budget of a particular fund for which a budget is required
379     by law or it may refer collectively to the budgets for all such funds.
380          [(4) "Budgetary fund" means a fund for which a budget is required.]
381          [(5)] (4) "Budget officer" means the city auditor in a city of the first and second class,
382     the mayor or some person appointed by the mayor with the approval of the city council in a city
383     of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government,
384     or the person designated by the charter in a charter city.
385          [(6)] (5) "Budget period" means the fiscal period for which a budget is prepared.
386          (6) "Budgetary fund" means a fund for which a budget is required.
387          (7) "Check" means an order in a specific amount drawn upon a depository by an
388     authorized officer of a city.
389          (8) "City general fund" means the general fund used by a city.
390          (9) "Current period" means the fiscal period in which a budget is prepared and adopted,
391     i.e., the fiscal period next preceding the budget period.
392          (10) "Department" means any functional unit within a fund that carries on a specific
393     activity, such as a fire or police department within a city general fund.
394          (11) "Encumbrance system" means a method of budgetary control in which part of an
395     appropriation is reserved to cover a specific expenditure by charging obligations, such as
396     purchase orders, contracts, or salary commitments to an appropriation account at their time of
397     origin. Such obligations cease to be encumbrances when paid or when the actual liability is
398     entered on the city's books of account.
399          (12) "Enterprise fund" means a fund as defined by the Governmental Accounting

400     Standards Board that is used by a municipality to report an activity for which a fee is charged to
401     users for goods or services.
402          (13) "Estimated revenue" means the amount of revenue estimated to be received from
403     all sources during the budget period in each fund for which a budget is being prepared.
404          (14) "Financial officer" means the mayor in the council-mayor optional form of
405     government or the city official as authorized by Section 10-6-158.
406          (15) "Fiscal period" means the annual or biennial period for accounting for fiscal
407     operations in each city.
408          (16) "Fund" is as defined by generally accepted accounting principles as reflected in
409     the Uniform Accounting Manual for Utah Cities.
410          (17) "Fund balance," "retained earnings," and "deficit" have the meanings commonly
411     accorded such terms under generally accepted accounting principles as reflected in the Uniform
412     Accounting Manual for Utah Cities.
413          (18) "General fund" is as defined by the Governmental Accounting Standards Board as
414     reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office
415     of the Utah State Auditor.
416          (19) "Governing body" means a city council, or city commission, as the case may be,
417     but the authority to make any appointment to any position created by this chapter is vested in
418     the mayor in the council-mayor optional form of government.
419          (20) "Interfund loan" means a loan of cash from one fund to another, subject to future
420     repayment.
421          (21) "Last completed fiscal period" means the fiscal period next preceding the current
422     period.
423          (22) (a) "Public funds" means any money or payment collected or received by an
424     officer or employee of the city acting in an official capacity and includes money or payment to
425     the officer or employee for services or goods provided by the city, or the officer or employee
426     while acting within the scope of employment or duty.
427          (b) "Public funds" does not include money or payments collected or received by an
428     officer or employee of a city for charitable purposes if the mayor or city council has consented
429     to the officer's or employee's participation in soliciting contributions for a charity.
430          (23) "Special fund" means any fund other than the city general fund.

431          (24) "Utility" means a utility owned by a city, in whole or in part, that provides
432     electricity, gas, water, or sewer, or any combination of them.
433          (25) "Warrant" means an order drawn upon the city treasurer, in the absence of
434     sufficient money in the city's depository, by an authorized officer of a city for the purpose of
435     paying a specified amount out of the city treasury to the person named or to the bearer as
436     money becomes available.
437          Section 6. Section 10-9a-401 is amended to read:
438          10-9a-401. General plan required -- Content.
439          (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
440     and adopt a comprehensive, long-range general plan for:
441          (a) present and future needs of the municipality; and
442          (b) growth and development of all or any part of the land within the municipality.
443          (2) The general plan may provide for:
444          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
445     activities, aesthetics, and recreational, educational, and cultural opportunities;
446          (b) the reduction of the waste of physical, financial, or human resources that result
447     from either excessive congestion or excessive scattering of population;
448          (c) the efficient and economical use, conservation, and production of the supply of:
449          (i) food and water; and
450          (ii) drainage, sanitary, and other facilities and resources;
451          (d) the use of energy conservation and solar and renewable energy resources;
452          (e) the protection of urban development;
453          (f) if the municipality is a town, the protection or promotion of moderate income
454     housing;
455          (g) the protection and promotion of air quality;
456          (h) historic preservation;
457          (i) identifying future uses of land that are likely to require an expansion or significant
458     modification of services or facilities provided by each affected entity; and
459          (j) an official map.
460          (3) (a) The general plan of a municipality, other than a town, shall plan for moderate
461     income housing growth.

462          (b) On or before July 1, 2019, each of the following that have a general plan that does
463     not comply with Subsection (3)(a) shall amend the general plan to comply with Subsection
464     (3)(a):
465          (i) a city of the first, second, third, or fourth class;
466          (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
467     within a county of the first, second, or third class;
468          (iii) a metro township with a population of 5,000 or more; and
469          (iv) a metro township with a population of less than 5,000, if the metro township is
470     located within a county of the first, second, or third class.
471          (c) The population figures described in Subsections (3)(b)(ii), (iii), and (iv) shall be
472     derived from:
473          (i) the most recent official census or census estimate of the United States Census
474     Bureau; or
475          (ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
476     Utah Population [Estimates] Committee.
477          (4) Subject to Subsection 10-9a-403(2), the municipality may determine the
478     comprehensiveness, extent, and format of the general plan.
479          Section 7. Section 11-54-102 is amended to read:
480          11-54-102. Definitions.
481          As used in this chapter:
482          (1) "Buyback purchaser" means a person who buys a procurement item from the local
483     government entity to which the person previously sold the procurement item.
484          (2) "Excess repurchase amount" means the difference between:
485          (a) the amount a buyback purchaser pays to a local government entity to purchase a
486     procurement item that the buyback purchaser previously sold to the local government entity;
487     and
488          (b) the amount the local government entity paid to the buyback purchaser to purchase
489     the procurement item.
490          (3) "Local government entity" means a county, city, town, metro township, local
491     district, special service district, community [development and renewal] reinvestment agency,
492     conservation district, or school district that is not subject to Title 63G, Chapter 6a, Utah

493     Procurement Code.
494          (4) "Procurement item" means the same as that term is defined in Section 63G-6a-103.
495          Section 8. Section 17-31-2 is amended to read:
496          17-31-2. Purposes of transient room tax and expenditure of revenues -- Purchase
497     or lease of facilities -- Mitigating impacts of recreation, tourism, or conventions --
498     Issuance of bonds.
499          (1) Any county legislative body may impose the transient room tax provided for in
500     Section 59-12-301 for the purposes of:
501          (a) establishing and promoting recreation, tourism, film production, and conventions;
502          (b) acquiring, leasing, constructing, furnishing, maintaining, or operating:
503          (i) convention meeting rooms;
504          (ii) exhibit halls;
505          (iii) visitor information centers;
506          (iv) museums;
507          (v) sports and recreation facilities including practice fields, stadiums, and arenas; and
508          (vi) related facilities;
509          (c) acquiring land, leasing land, or making payments for construction or infrastructure
510     improvements required for or related to the purposes listed in Subsection (1)(b); and
511          (d) as required to mitigate the impacts of recreation, tourism, or conventions in
512     counties of the fourth, fifth, and sixth class, paying for:
513          (i) solid waste disposal operations;
514          (ii) emergency medical services;
515          (iii) search and rescue activities;
516          (iv) law enforcement activities; and
517          (v) road repair and upgrade of:
518          (A) class B roads, as defined in Section 72-3-103;
519          (B) class C roads, as defined in Section 72-3-104; or
520          (C) class D roads, as defined in Section 72-3-105.
521          (2) Except as provided in Subsection (4), a county may not expend more than 1/3 of
522     the revenues generated by the transient room tax provided in Section 59-12-301 for any
523     combination of the following purposes:

524          (a) (i) acquiring, leasing, constructing, furnishing, maintaining, or operating:
525          (A) convention meeting rooms;
526          (B) exhibit halls;
527          (C) visitor information centers;
528          (D) museums;
529          (E) sports and recreation facilities including practice fields, stadiums, and arenas; and
530          (F) related facilities; and
531          (ii) acquiring land, leasing land, or making payments for construction or infrastructure
532     improvements required for or related to the purposes described in Subsection (2)(a)(i);
533          (b) as required to mitigate the impacts of recreation, tourism, or conventions in
534     counties of the fourth, fifth, and sixth class, to pay for:
535          (i) solid waste disposal operations;
536          (ii) emergency medical services;
537          (iii) search and rescue activities;
538          (iv) law enforcement activities; and
539          (v) road repair and upgrade of:
540          (A) class B roads, as defined in Section 72-3-103;
541          (B) class C roads, as defined in Section 72-3-104; or
542          (C) class D roads, as defined in Section 72-3-105; or
543          (c) making the annual payment of principal, interest, premiums, and necessary reserves
544     for any or the aggregate of bonds authorized under Subsection (3).
545          (3) (a) The county legislative body may issue bonds or cause bonds to be issued, as
546     permitted by law, to pay all or part of any costs incurred for the purposes set forth in
547     Subsection (2)(a) or (b) that are permitted to be paid from bond proceeds.
548          (b) Except as provided in Subsection (4), if the revenues generated by the transient
549     room tax provided in Section 59-12-301 are not needed for payment of principal, interest,
550     premiums, and reserves on bonds issued as provided in Subsection (2)(c), the county legislative
551     body shall expend those revenues as provided in Subsection (1), subject to the limitation of
552     Subsection (2).
553          (4) If, on or after October 1, 2006, a county legislative body imposes a tax or increases
554     the rate of a tax in accordance with Section 59-12-301 at a rate that exceeds 3%, the county

555     legislative body:
556          (a) may expend revenues generated by the portion of the rate that exceeds 3% for any
557     purpose described in Subsections (1) through (3); and
558          (b) is not subject to any limits on the amount of revenues that may be expended for a
559     purpose described in Subsection (2).
560          Section 9. Section 17-36-4 is amended to read:
561          17-36-4. State auditor -- Duties.
562          (1) The state auditor shall:
563          (a) prescribe a uniform system of fiscal procedures for the several counties;
564          (b) conduct a constant review and modification of such procedures to improve them;
565          (c) prepare and supply each county budget officer with suitable budget forms; and
566          (d) prepare instructional materials, conduct training programs, and render other
567     services deemed necessary to assist counties in implementing the uniform system.
568          (2) The uniform system of procedure may include reasonable exceptions and
569     modifications applicable to counties with a population of 25,000 or less, such population to be
570     determined by the Utah Population [Work] Committee. Counties may expand the uniform
571     system to serve better their needs. Deviations from or alterations to the basic prescribed
572     classification system for the identity of funds and accounts should not be made.
573          Section 10. Section 17-52a-403 is amended to read:
574          17-52a-403. Study committee -- Members -- Powers and duties -- Report --
575     Services provided by county.
576          (1) (a) A study committee consists of seven members.
577          (b) A member of a study committee may not receive compensation for service on the
578     committee.
579          (c) The county legislative body shall reimburse each member of a study committee for
580     necessary expenses incurred in performing the member's duties on the study committee.
581          (2) A study committee may:
582          (a) adopt rules for the study committee's own organization and procedure and to fill a
583     vacancy in its membership;
584          (b) establish advisory boards or committees and include on the advisory boards or
585     committees persons who are not members of the study committee; and

586          (c) request the assistance and advice of any officers or employees of any agency of
587     state or local government.
588          (3) (a) A study committee shall:
589          (i) study the form of government within the county and compare it with other forms
590     available under this chapter;
591          (ii) determine whether the administration of local government in the county could be
592     strengthened, made more clearly responsive or accountable to the people, or significantly
593     improved in the interest of economy and efficiency by a change in the form of county
594     government;
595          (iii) hold public hearings and community forums and other means the committee
596     considers appropriate to disseminate information and stimulate public discussion of the
597     committee's purposes, progress, and conclusions; and
598          (iv) file a written report of the study committee's findings and recommendations with
599     the county executive, the county legislative body, and the county clerk no later than one year
600     after the convening of the study committee's first meeting under Section 17-52a-402.
601          (b) Within 10 days after the day on which the study committee submits the study
602     committee's report under Subsection (3)(a)(iv) to the county legislative body, if the report
603     recommends a change in the form of county government, the county clerk shall send to the
604     county attorney or, if the county does not have a county attorney, to the district attorney, a copy
605     of each optional plan recommended in the report for review in accordance with Section
606     17-52a-406.
607          (4) Each study committee report under Subsection (3)[(d)](a)(iv) shall include:
608          (a) the study committee's recommendation as to whether the form of county
609     government should be changed to another form authorized under this chapter;
610          (b) if the study committee recommends changing the form of government, a complete
611     detailed draft of a proposed plan to change the form of county government, including all
612     necessary implementing provisions; and
613          (c) any additional recommendations the study committee considers appropriate to
614     improve the efficiency and economy of the administration of local government within the
615     county.
616          (5) (a) If the study committee's report recommends a change in the form of county

617     government, the study committee may conduct additional public hearings after filing the report
618     under Subsection (3)[(d)](a)(iv) and, following the hearings and subject to Subsection (5)(b),
619     alter the report.
620          (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration
621     to the report:
622          (i) that would recommend the adoption of an optional form different from that
623     recommended in the original report; or
624          (ii) within the 120-day period before the election under Section 17-52a-501.
625          (6) Each meeting that the study committee holds shall be open to the public.
626          (7) If the study committee's report does not recommend a change in the form of county
627     government, the report is final, the study committee is dissolved, and the process to change the
628     county's form of government is concluded.
629          (8) The county legislative body shall provide for the study committee:
630          (a) suitable meeting facilities;
631          (b) necessary secretarial services;
632          (c) necessary printing and photocopying services;
633          (d) necessary clerical and staff assistance; and
634          (e) adequate funds for the employment of independent legal counsel and professional
635     consultants that the study committee reasonably determines to be necessary to help the study
636     committee fulfill its duties.
637          Section 11. Section 17-52a-406 is amended to read:
638          17-52a-406. County or district attorney review of proposed optional plan --
639     Conflict with statutory or constitutional provisions -- Processing of optional plan after
640     attorney review.
641          (1) Within 45 days after the day on which the county or district attorney receives the
642     recommended optional plan from the county clerk under Subsection (3)(d), 17-52a-303(3)(c),
643     or 17-52a-403(3)(b) or from the county legislative body under Subsection (3)(c) or
644     17-52a-302(3), the county or district attorney shall send a written report to the county clerk
645     containing the information described in Subsection (2).
646          (2) A report from the county or district attorney under Subsection (1) shall:
647          (a) state the attorney's opinion as to whether implementation of the optional plan

648     described in Subsection (1) would result in a violation of any applicable statutory or
649     constitutional provision;
650          (b) if the attorney concludes that a violation would result:
651          (i) identify specifically each statutory or constitutional provision that implementation
652     of the optional plan would violate;
653          (ii) identify specifically each provision or feature of the proposed optional plan that
654     would result in a statutory or constitutional violation if the plan is implemented; and
655          (iii) recommend how the proposed optional plan may be modified to avoid the
656     statutory or constitutional violation.
657          (3) (a) Except as provided in Subsection (3)(b), (c), or (d), if the attorney determines
658     under Subsection (2) that a violation would occur, the proposed optional plan may not be the
659     subject of an election under Section 17-52a-501.
660          (b) The study committee may:
661          (i) modify an optional plan that the study committee recommends in accordance with
662     Section 17-52a-403 to avoid a violation that a county or district attorney's report describes
663     under Subsection (2); and
664          (ii) file a new report under Subsection 17-52a-403(3)[(d)](a)(iv).
665          (c) A county legislative body may:
666          (i) modify an optional plan that the county legislative body proposes in accordance
667     with Subsection 17-52a-302(1)(b) to avoid a violation that a county or district attorney's report
668     describes under Subsection (2); and
669          (ii) within 10 days of modifying the optional plan, send the modified optional plan to:
670          (A) the county clerk; and
671          (B) the county or district attorney for review in accordance with this section.
672          (d) (i) The petition sponsors may:
673          (A) modify an optional plan that the petition proposes in accordance with Subsection
674     17-52a-303(1)(a)(ii) to avoid a violation that a county or district attorney's report describes
675     under Subsection (2); and
676          (B) submit the modified optional plan to the county clerk.
677          (ii) Upon receipt of a modified optional plan described in Subsection (3)(d)(i), the
678     county clerk shall send the modified optional plan to the county or district attorney for review

679     in accordance with this section.
680          (4) The county executive, county legislative body, county or district attorney, and
681     county clerk shall treat the following as an original:
682          (a) a new report that a study committee files under Subsection
683     17-52a-403(3)[(d)](a)(iv);
684          (b) a modified optional plan that a county legislative body sends under Subsection
685     (3)(c); and
686          (c) a modified optional plan that petition sponsors submit to the county clerk and that
687     the county clerk sends under Subsection (3)(d).
688          (5) If the attorney's report under Subsection (2) does not identify any provisions or
689     features of the proposed optional plan that, if implemented, would violate a statutory or
690     constitutional provision, the proposed optional plan is subject to the provisions described in
691     Section 17-52a-501.
692          Section 12. Section 17B-2a-823 is amended to read:
693          17B-2a-823. Public transit district special services.
694          (1) As used in this section, "bureau" means a recreational, tourist, or convention bureau
695     [established under Section 17-31-2] under Title 17, Chapter 31, Recreational, Tourist, and
696     Convention Bureaus.
697          (2) (a) A public transit district may lease its buses to private certified public carriers or
698     operate transit services requested by a public entity if a bureau certifies that privately owned
699     carriers furnishing like services or operating like equipment within the area served by the
700     bureau:
701          (i) have declined to provide the service; or
702          (ii) do not have the equipment necessary to provide the service.
703          (b) A public transit district may lease its buses or operate services as authorized under
704     Subsection (2)(a) outside of the area served by the district.
705          (3) If part or all of the transportation services are paid for by public funds, a public
706     transit district may:
707          (a) provide school bus services for transportation of pupils and supervisory personnel
708     between homes and school and other related school activities within the area served by the
709     district; or

710          (b) provide the transportation of passengers covered by a program within the district
711     for people who are elderly or who have a disability.
712          (4) Notwithstanding the provisions in Subsection (3), a municipality or county is not
713     prohibited from providing the transportation services identified in Subsection (3).
714          Section 13. Section 20A-2-204 is amended to read:
715          20A-2-204. Registering to vote when applying for or renewing a driver license.
716          (1) As used in this section, "voter registration form" means, when an individual named
717     on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
718     in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
719     voter registration purposes.
720          (2) A citizen who is qualified to vote may register to vote, and a citizen who is
721     qualified to preregister to vote may preregister to vote, by answering "yes" to the question
722     described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
723          (3) The Driver License Division shall:
724          (a) assist an individual in completing the voter registration form unless the individual
725     refuses assistance;
726          (b) electronically transmit each address change to the lieutenant governor within five
727     days after the day on which the division receives the address change; and
728          (c) within five days after the day on which the division receives a voter registration
729     form, electronically transmit the form to the Office of the Lieutenant Governor, including the
730     following for the individual named on the form:
731          (i) the name, date of birth, driver license or state identification card number, last four
732     digits of the social security number, Utah residential address, place of birth, and signature;
733           (ii) a mailing address, if different from the individual's Utah residential address;
734           (iii) an email address and phone number, if available;
735          (iv) the desired political affiliation, if indicated; and
736          (v) an indication of whether the individual requested that the individual's voter
737     registration record be classified as a private record under Subsection 20A-2-108(2)(c).
738          (4) Upon receipt of an individual's voter registration form from the Driver License
739     Division under Subsection (3), the lieutenant governor shall:
740          (a) enter the information into the statewide voter registration database; and

741          (b) if the individual requests on the individual's voter registration form that the
742     individual's voter registration record be classified as a private record, classify the individual's
743     voter registration record as a private record.
744          (5) The county clerk of an individual whose information is entered into the statewide
745     voter registration database under Subsection (4) shall:
746          (a) ensure that the individual meets the qualifications to be registered or preregistered
747     to vote; and
748          (b) (i) if the individual meets the qualifications to be registered to vote:
749          (A) ensure that the individual is assigned to the proper voting precinct; and
750          (B) send the individual the notice described in Section 20A-2-304; or
751          (ii) if the individual meets the qualifications to be preregistered to vote, process the
752     form in accordance with the requirements of Section 20A-2-101.1.
753          (6) (a) When the county clerk receives a correctly completed voter registration form
754     under this section, the clerk shall:
755          (i) comply with the applicable provisions of this Subsection (6); or
756          (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
757          (b) If the county clerk receives a correctly completed voter registration form under this
758     section during the period beginning on the date after the voter registration deadline and ending
759     on the date that is 15 calendar days before the date of an election, the county clerk shall:
760          (i) accept the voter registration form; and
761          (ii) unless the individual is preregistering to vote, inform the individual that the
762     individual is registered to vote in the pending election.
763          (c) If the county clerk receives a correctly completed voter registration form under this
764     section during the period beginning on the date that is 14 calendar days before the election and
765     ending on the date that is seven calendar days before the election, the county clerk shall:
766          (i) accept the voter registration form; and
767          (ii) unless the individual is preregistering to vote, inform the individual that:
768          (A) the individual is registered to vote in the pending election; and
769          (B) for the pending election, the individual must vote on the day of the election or by
770     provisional ballot, under Section 20A-2-207, during the early voting period described in
771     Section 20A-3-601 because the individual registered late.

772          (d) If the county clerk receives a correctly completed voter registration form under this
773     section during the six calendar days before an election, the county clerk shall:
774          (i) accept the application for registration of the individual; and
775          (ii) unless the individual is preregistering to vote, inform the individual:
776          (A) of each manner still available to the individual to timely register to vote in the
777     current election; and
778          (B) that, if the individual does not timely register in a manner described in Subsection
779     [(7)] (6)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
780     because the individual registered late.
781          (7) (a) If the county clerk determines that an individual's voter registration form
782     received from the Driver License Division is incorrect because of an error, because the form is
783     incomplete, or because the individual does not meet the qualifications to be registered to vote,
784     the county clerk shall mail notice to the individual stating that the individual has not been
785     registered or preregistered because of an error, because the form is incomplete, or because the
786     individual does not meet the qualifications to be registered to vote.
787          (b) If a county clerk believes, based upon a review of a voter registration form, that an
788     individual, who knows that the individual is not legally entitled to register or preregister to
789     vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
790     the form to the county attorney for investigation and possible prosecution.
791          Section 14. Section 20A-7-101 is amended to read:
792          20A-7-101. Definitions.
793          As used in this chapter:
794          (1) "Budget officer" means:
795          (a) for a county, the person designated as budget officer in Section 17-19a-203;
796          (b) for a city, the person designated as budget officer in Subsection 10-6-106[(5)](4);
797          (c) for a town, the town council; or
798          (d) for a metro township, the person described in Subsection (1)(a) for the county in
799     which the metro township is located.
800          (2) "Certified" means that the county clerk has acknowledged a signature as being the
801     signature of a registered voter.
802          (3) "Circulation" means the process of submitting an initiative or referendum petition

803     to legal voters for their signature.
804          (4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
805     city, or town that is holding an election on a ballot proposition.
806          (5) "Final fiscal impact statement" means a financial statement prepared after voters
807     approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
808     20A-7-502.5(2).
809          (6) "Initial fiscal impact estimate" means:
810          (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
811     application for an initiative petition; or
812          (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
813     for an initiative or referendum petition.
814          (7) "Initiative" means a new law proposed for adoption by the public as provided in
815     this chapter.
816          (8) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
817     law, and the signature sheets, all of which have been bound together as a unit.
818          (9) "Legal signatures" means the number of signatures of legal voters that:
819          (a) meet the numerical requirements of this chapter; and
820          (b) have been certified and verified as provided in this chapter.
821          (10) "Legal voter" means a person who:
822          (a) is registered to vote; or
823          (b) becomes registered to vote before the county clerk certifies the signatures on an
824     initiative or referendum petition.
825          (11) "Local attorney" means the county attorney, city attorney, or town attorney in
826     whose jurisdiction a local initiative or referendum petition is circulated.
827          (12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
828     jurisdiction a local initiative or referendum petition is circulated.
829          (13) (a) "Local law" includes:
830          (i) an ordinance;
831          (ii) a resolution;
832          (iii) a master plan;
833          (iv) a comprehensive zoning regulation adopted by ordinance or resolution; or

834          (v) other legislative action of a local legislative body.
835          (b) "Local law" does not include an individual property zoning decision.
836          (14) "Local legislative body" means the legislative body of a county, city, town, or
837     metro township.
838          (15) "Local obligation law" means a local law passed by the local legislative body
839     regarding a bond that was approved by a majority of qualified voters in an election.
840          (16) "Local tax law" means a law, passed by a political subdivision with an annual or
841     biannual calendar fiscal year, that increases a tax or imposes a new tax.
842          (17) "Measure" means a proposed constitutional amendment, an initiative, or
843     referendum.
844          (18) "Referendum" means a process by which a law passed by the Legislature or by a
845     local legislative body is submitted or referred to the voters for their approval or rejection.
846          (19) "Referendum packet" means a copy of the referendum petition, a copy of the law
847     being submitted or referred to the voters for their approval or rejection, and the signature
848     sheets, all of which have been bound together as a unit.
849          (20) (a) "Signature" means a holographic signature.
850          (b) "Signature" does not mean an electronic signature.
851          (21) "Signature sheets" means sheets in the form required by this chapter that are used
852     to collect signatures in support of an initiative or referendum.
853          (22) "Sponsors" means the legal voters who support the initiative or referendum and
854     who sign the application for petition copies.
855          (23) "Sufficient" means that the signatures submitted in support of an initiative or
856     referendum petition have been certified and verified as required by this chapter.
857          (24) "Tax percentage difference" means the difference between the tax rate proposed
858     by an initiative or an initiative petition and the current tax rate.
859          (25) "Tax percentage increase" means a number calculated by dividing the tax
860     percentage difference by the current tax rate and rounding the result to the nearest thousandth.
861          (26) "Verified" means acknowledged by the person circulating the petition as required
862     in Sections 20A-7-205 and 20A-7-305.
863          Section 15. Section 26-18-416 is amended to read:
864          26-18-416. Primary Care Network enhancement waiver program.

865          (1) As used in this section:
866          (a) "CMS" means the Centers for Medicare and Medicaid Services within the United
867     States Department of Health and Human Services.
868          (b) "Enhancement waiver program" means the Primary Care Network enhancement
869     waiver program described in this section.
870          (c) "Federal poverty level" means the poverty guidelines established by the secretary of
871     the United States Department of Health and Human Services under 42 U.S.C. Sec. 9902(2).
872          (d) "Health coverage improvement program" means the same as that term is defined in
873     Section 26-18-411.
874          (e) "Income eligibility ceiling" means the percentage of federal poverty level:
875          (i) established by the Legislature in an appropriations act adopted pursuant to Title 63J,
876     Chapter 1, Budgetary Procedures Act; and
877          (ii) under which an individual may qualify for coverage in the enhancement waiver
878     program in accordance with this section.
879          (f) "Optional population" means the optional expansion population under PPACA if
880     the expansion provides coverage for individuals at or above 95% of the federal poverty level.
881          (g) "PPACA" means the same as that term is defined in Section 31A-1-301.
882          (h) "Primary Care Network" means the state Primary Care Network program created by
883     the Medicaid primary care network demonstration waiver obtained under Section 26-18-3.
884          (2) The department shall continue to implement the Primary Care Network program for
885     qualified individuals under the Primary Care Network program.
886          (3) (a) The division shall apply for a Medicaid waiver or a state plan amendment with
887     CMS to implement, within the state Medicaid program, the enhancement waiver program
888     described in this section within six months after the day on which:
889          (i) the division receives a notice from CMS that the waiver for the Medicaid waiver
890     expansion submitted under Section 26-18-415, Medicaid waiver expansion, will not be
891     approved; or
892          (ii) the division withdraws the waiver for the Medicaid waiver expansion submitted
893     under Section 26-18-415, Medicaid waiver expansion.
894          (b) The division may not apply for a waiver under Subsection (3)(a) while a waiver
895     request under Section 26-18-415, Medicaid waiver expansion, is pending with CMS.

896          (4) An individual who is eligible for the enhancement waiver program may receive the
897     following benefits under the enhancement waiver program:
898          (a) the benefits offered under the Primary Care Network program;
899          (b) diagnostic testing and procedures;
900          (c) medical specialty care;
901          (d) inpatient hospital services;
902          (e) outpatient hospital services;
903          (f) outpatient behavioral health care, including outpatient substance abuse care; and
904          (g) for an individual who qualifies for the health coverage improvement program, as
905     approved by CMS, temporary residential treatment for substance abuse in a short term,
906     non-institutional, 24-hour facility, without a bed capacity limit, that provides rehabilitation
907     services that are medically necessary and in accordance with an individualized treatment plan.
908          (5) An individual is eligible for the enhancement waiver program if, at the time of
909     enrollment:
910          (a) the individual is qualified to enroll in the Primary Care Network or the health
911     coverage improvement program;
912          (b) the individual's annual income is below the income eligibility ceiling established by
913     the Legislature under Subsection (1)(e); and
914          (c) the individual meets the eligibility criteria established by the department under
915     Subsection (6).
916          (6) (a) Based on available funding and approval from CMS and subject to Subsection
917     (6)(d), the department shall determine the criteria for an individual to qualify for the
918     enhancement waiver program, based on the following priority:
919          (i) adults in the expansion population, as defined in Section 26-18-411, who qualify for
920     the health coverage improvement program;
921          (ii) adults with dependent children who qualify for the health coverage improvement
922     program under Subsection 26-18-411(3) ;
923          (iii) adults with dependent children who do not qualify for the health coverage
924     improvement program; and
925          (iv) if funding is available, adults without dependent children.
926          (b) The number of individuals enrolled in the enhancement waiver program may not

927     exceed 105% of the number of individuals who were enrolled in the Primary Care Network on
928     December 31, 2017.
929          (c) The department may only use appropriations from the Medicaid Expansion Fund
930     created in Section 26-36b-208 to fund the state portion of the enhancement waiver program.
931          (d) The money deposited into the Medicaid Expansion Fund under Subsections
932     26-36b-208(2)(g) and (2)(h) may only be used to pay the cost of enrolling individuals who
933     qualify for the enhancement waiver program under Subsections (6)(a)(iii) and (iv).
934          (7) The department may request a modification of the income eligibility ceiling and the
935     eligibility criteria under Subsection (6) from CMS each fiscal year based on enrollment in the
936     enhancement waiver program, projected enrollment in the enhancement waiver program, costs
937     to the state, and the state budget.
938          (8) The department may implement the enhancement waiver program by contracting
939     with Medicaid accountable care organizations to administer the enhancement waiver program.
940          (9) In accordance with Subsections 26-18-411(11) and (12), the department may use
941     funds that have been appropriated for the health coverage improvement program to implement
942     the enhancement waiver program.
943          (10) If the department expands the state Medicaid program to the optional population,
944     the department:
945          (a) except as provided in Subsection (11), may not accept any new enrollees into the
946     enhancement waiver program after the day on which the expansion to the optional population
947     is effective;
948          (b) shall suspend the enhancement waiver program within one year after the day on
949     which the expansion to the optional population is effective; and
950          (c) shall work with CMS to maintain the waiver for the enhancement waiver program
951     submitted under Subsection (3) while the enhancement waiver program is suspended under
952     Subsection (10)(b).
953          (11) If, after the expansion to the optional population described in Subsection (10)
954     takes effect, the expansion to the optional population is repealed by either the state or the
955     federal government, the department shall reinstate the enhancement waiver program and
956     continue to accept new enrollees into the enhancement waiver program in accordance with the
957     provisions of this section.

958          Section 16. Section 26-18-503 is amended to read:
959          26-18-503. Authorization to renew, transfer, or increase Medicaid certified
960     programs -- Reimbursement methodology.
961          (1) (a) The division may renew Medicaid certification of a certified program if the
962     program, without lapse in service to Medicaid recipients, has its nursing care facility program
963     certified by the division at the same physical facility as long as the licensed and certified bed
964     capacity at the facility has not been expanded, unless the director has approved additional beds
965     in accordance with Subsection (5).
966          (b) The division may renew Medicaid certification of a nursing care facility program
967     that is not currently certified if:
968          (i) since the day on which the program last operated with Medicaid certification:
969          (A) the physical facility where the program operated has functioned solely and
970     continuously as a nursing care facility; and
971          (B) the owner of the program has not, under this section or Section 26-18-505,
972     transferred to another nursing care facility program the license for any of the Medicaid beds in
973     the program; and
974          (ii) the number of beds granted renewed Medicaid certification does not exceed the
975     number of beds certified at the time the program last operated with Medicaid certification,
976     excluding a period of time where the program operated with temporary certification under
977     Subsection 26-18-504[(4)](3).
978          (2) (a) The division may issue a Medicaid certification for a new nursing care facility
979     program if a current owner of the Medicaid certified program transfers its ownership of the
980     Medicaid certification to the new nursing care facility program and the new nursing care
981     facility program meets all of the following conditions:
982          (i) the new nursing care facility program operates at the same physical facility as the
983     previous Medicaid certified program;
984          (ii) the new nursing care facility program gives a written assurance to the director in
985     accordance with Subsection (4);
986          (iii) the new nursing care facility program receives the Medicaid certification within
987     one year of the date the previously certified program ceased to provide medical assistance to a
988     Medicaid recipient; and

989          (iv) the licensed and certified bed capacity at the facility has not been expanded, unless
990     the director has approved additional beds in accordance with Subsection (5).
991          (b) A nursing care facility program that receives Medicaid certification under the
992     provisions of Subsection (2)(a) does not assume the Medicaid liabilities of the previous nursing
993     care facility program if the new nursing care facility program:
994          (i) is not owned in whole or in part by the previous nursing care facility program; or
995          (ii) is not a successor in interest of the previous nursing care facility program.
996          (3) The division may issue a Medicaid certification to a nursing care facility program
997     that was previously a certified program but now resides in a new or renovated physical facility
998     if the nursing care facility program meets all of the following:
999          (a) the nursing care facility program met all applicable requirements for Medicaid
1000     certification at the time of closure;
1001          (b) the new or renovated physical facility is in the same county or within a five-mile
1002     radius of the original physical facility;
1003          (c) the time between which the certified program ceased to operate in the original
1004     facility and will begin to operate in the new physical facility is not more than three years;
1005          (d) if Subsection (3)(c) applies, the certified program notifies the department within 90
1006     days after ceasing operations in its original facility, of its intent to retain its Medicaid
1007     certification;
1008          (e) the provider gives written assurance to the director in accordance with Subsection
1009     (4) that no third party has a legitimate claim to operate a certified program at the previous
1010     physical facility; and
1011          (f) the bed capacity in the physical facility has not been expanded unless the director
1012     has approved additional beds in accordance with Subsection (5).
1013          (4) (a) The entity requesting Medicaid certification under Subsections (2) and (3) shall
1014     give written assurances satisfactory to the director or the director's designee that:
1015          (i) no third party has a legitimate claim to operate the certified program;
1016          (ii) the requesting entity agrees to defend and indemnify the department against any
1017     claims by a third party who may assert a right to operate the certified program; and
1018          (iii) if a third party is found, by final agency action of the department after exhaustion
1019     of all administrative and judicial appeal rights, to be entitled to operate a certified program at

1020     the physical facility the certified program shall voluntarily comply with Subsection (4)(b).
1021          (b) If a finding is made under the provisions of Subsection (4)(a)(iii):
1022          (i) the certified program shall immediately surrender its Medicaid certification and
1023     comply with division rules regarding billing for Medicaid and the provision of services to
1024     Medicaid patients; and
1025          (ii) the department shall transfer the surrendered Medicaid certification to the third
1026     party who prevailed under Subsection (4)(a)(iii).
1027          (5) (a) As provided in Subsection 26-18-502(2)(b), the director may approve additional
1028     nursing care facility programs for Medicaid certification, or additional beds for Medicaid
1029     certification within an existing nursing care facility program, if a nursing care facility or other
1030     interested party requests Medicaid certification for a nursing care facility program or additional
1031     beds within an existing nursing care facility program, and the nursing care facility program or
1032     other interested party complies with this section.
1033          (b) The nursing care facility or other interested party requesting Medicaid certification
1034     for a nursing care facility program or additional beds within an existing nursing care facility
1035     program under Subsection (5)(a) shall submit to the director:
1036          (i) proof of the following as reasonable evidence that bed capacity provided by
1037     Medicaid certified programs within the county or group of counties impacted by the requested
1038     additional Medicaid certification is insufficient:
1039          (A) nursing care facility occupancy levels for all existing and proposed facilities will
1040     be at least 90% for the next three years;
1041          (B) current nursing care facility occupancy is 90% or more; or
1042          (C) there is no other nursing care facility within a 35-mile radius of the nursing care
1043     facility requesting the additional certification; and
1044          (ii) an independent analysis demonstrating that at projected occupancy rates the nursing
1045     care facility's after-tax net income is sufficient for the facility to be financially viable.
1046          (c) Any request for additional beds as part of a renovation project are limited to the
1047     maximum number of beds allowed in Subsection (7).
1048          (d) The director shall determine whether to issue additional Medicaid certification by
1049     considering:
1050          (i) whether bed capacity provided by certified programs within the county or group of

1051     counties impacted by the requested additional Medicaid certification is insufficient, based on
1052     the information submitted to the director under Subsection (5)(b);
1053          (ii) whether the county or group of counties impacted by the requested additional
1054     Medicaid certification is underserved by specialized or unique services that would be provided
1055     by the nursing care facility;
1056          (iii) whether any Medicaid certified beds are subject to a claim by a previous certified
1057     program that may reopen under the provisions of Subsections (2) and (3);
1058          (iv) how additional bed capacity should be added to the long-term care delivery system
1059     to best meet the needs of Medicaid recipients; and
1060          (v) (A) whether the existing certified programs within the county or group of counties
1061     have provided services of sufficient quality to merit at least a two-star rating in the Medicare
1062     Five-Star Quality Rating System over the previous three-year period; and
1063          (B) information obtained under Subsection (9).
1064          (6) The department shall adopt administrative rules in accordance with Title 63G,
1065     Chapter 3, Utah Administrative Rulemaking Act, to adjust the Medicaid nursing care facility
1066     property reimbursement methodology to:
1067          (a) only pay that portion of the property component of rates, representing actual bed
1068     usage by Medicaid clients as a percentage of the greater of:
1069          (i) actual occupancy; or
1070          (ii) (A) for a nursing care facility other than a facility described in Subsection
1071     (6)(a)(ii)(B), 85% of total bed capacity; or
1072          (B) for a rural nursing care facility, 65% of total bed capacity; and
1073          (b) not allow for increases in reimbursement for property values without major
1074     renovation or replacement projects as defined by the department by rule.
1075          (7) (a) Notwithstanding Subsection 26-18-504[(4)](3), if a nursing care facility does
1076     not seek Medicaid certification for a bed under Subsections (1) through (6), the department
1077     shall grant Medicaid certification for additional beds in an existing Medicaid certified nursing
1078     care facility that has 90 or fewer licensed beds, including Medicaid certified beds, in the facility
1079     if:
1080          (i) the nursing care facility program was previously a certified program for all beds but
1081     now resides in a new facility or in a facility that underwent major renovations involving major

1082     structural changes, with 50% or greater facility square footage design changes, requiring review
1083     and approval by the department;
1084          (ii) the nursing care facility meets the quality of care regulations issued by the Center
1085     for Medicare and Medicaid Services; and
1086          (iii) the total number of additional beds in the facility granted Medicaid certification
1087     under this section does not exceed 10% of the number of licensed beds in the facility.
1088          (b) The department may not revoke the Medicaid certification of a bed under this
1089     Subsection (7) as long as the provisions of Subsection (7)(a)(ii) are met.
1090          (8) (a) If a nursing care facility or other interested party indicates in its request for
1091     additional Medicaid certification under Subsection (5)(a) that the facility will offer specialized
1092     or unique services, but the facility does not offer those services after receiving additional
1093     Medicaid certification, the director shall revoke the additional Medicaid certification.
1094          (b) The nursing care facility program shall obtain Medicaid certification for any
1095     additional Medicaid beds approved under Subsection (5) or (7) within three years of the date of
1096     the director's approval, or the approval is void.
1097          (9) (a) If the director makes an initial determination that quality standards under
1098     Subsection (5)(d)(v) have not been met in a rural county or group of rural counties over the
1099     previous three-year period, the director shall, before approving certification of additional
1100     Medicaid beds in the rural county or group of counties:
1101          (i) notify the certified program that has not met the quality standards in Subsection
1102     (5)(d)(v) that the director intends to certify additional Medicaid beds under the provisions of
1103     Subsection (5)(d)(v); and
1104          (ii) consider additional information submitted to the director by the certified program
1105     in a rural county that has not met the quality standards under Subsection (5)(d)(v).
1106          (b) The notice under Subsection (9)(a) does not give the certified program that has not
1107     met the quality standards under Subsection (5)(d)(v), the right to legally challenge or appeal the
1108     director's decision to certify additional Medicaid beds under Subsection (5)(d)(v).
1109          Section 17. Section 26-36c-205 is amended to read:
1110          26-36c-205. Calculation of assessment.
1111          (1) (a) Except as provided in Subsection (1)(b), each private hospital shall pay an
1112     annual assessment due on the last day of each quarter in an amount calculated by the division at

1113     a uniform assessment rate for each hospital discharge, in accordance with this section.
1114          (b) A private teaching hospital with more than 425 beds and more than 60 residents
1115     shall pay an assessment rate 2.5 times the uniform rate established under Subsection (1)(c).
1116          (c) The division shall calculate the uniform assessment rate described in Subsection
1117     (1)(a) by dividing the hospital share for assessed private hospitals, as described in Subsection
1118     26-36c-204(1), by the sum of:
1119          (i) the total number of discharges for assessed private hospitals that are not a private
1120     teaching hospital; and
1121          (ii) 2.5 times the number of discharges for a private teaching hospital, described in
1122     Subsection (1)(b).
1123          (d) The division may make rules in accordance with Title 63G, Chapter 3, Utah
1124     Administrative Rulemaking Act, to adjust the formula described in Subsection (1)(c) to address
1125     unforeseen circumstances in the administration of the assessment under this chapter.
1126          (e) The division shall apply any quarterly changes to the uniform assessment rate
1127     uniformly to all assessed private hospitals.
1128          (2) Except as provided in Subsection (3), for each state fiscal year, the division shall
1129     determine a hospital's discharges as follows:
1130          (a) for state fiscal year 2019, the hospital's cost report data for the hospital's fiscal year
1131     ending between July 1, 2015, and June 30, 2016; and
1132          (b) for each subsequent state fiscal year, the hospital's cost report data for the hospital's
1133     fiscal year that ended in the state fiscal year two years before the assessment fiscal year.
1134          (3) (a) If a hospital's fiscal year Medicare cost report is not contained in the Centers for
1135     Medicare and Medicaid Services' Healthcare Cost Report Information System file:
1136          (i) the hospital shall submit to the division a copy of the hospital's Medicare cost report
1137     applicable to the assessment year; and
1138          (ii) the division shall determine the hospital's discharges.
1139          (b) If a hospital is not certified by the Medicare program and is not required to file a
1140     Medicare cost report:
1141          (i) the hospital shall submit to the division the hospital's applicable fiscal year
1142     discharges with supporting documentation;
1143          (ii) the division shall determine the hospital's discharges from the information

1144     submitted under Subsection (3)[(c)](b)(i); and
1145          (iii) if the hospital fails to submit discharge information, the division shall audit the
1146     hospital's records and may impose a penalty equal to 5% of the calculated assessment.
1147          (4) Except as provided in Subsection (5), if a hospital is owned by an organization that
1148     owns more than one hospital in the state:
1149          (a) the division shall calculate the assessment for each hospital separately; and
1150          (b) each separate hospital shall pay the assessment imposed by this chapter.
1151          (5) If multiple hospitals use the same Medicaid provider number:
1152          (a) the department shall calculate the assessment in the aggregate for the hospitals
1153     using the same Medicaid provider number; and
1154          (b) the hospitals may pay the assessment in the aggregate.
1155          Section 18. Section 26-36c-210 is amended to read:
1156          26-36c-210. Suspension of assessment.
1157          (1) The department shall suspend the assessment imposed by this chapter when the
1158     executive director certifies that:
1159          (a) action by Congress is in effect that disqualifies the assessment imposed by this
1160     chapter from counting toward state Medicaid funds available to be used to determine the
1161     amount of federal financial participation;
1162          (b) a decision, enactment, or other determination by the Legislature or by any court,
1163     officer, department, or agency of the state, or of the federal government, is in effect that:
1164          (i) disqualifies the assessment from counting toward state Medicaid funds available to
1165     be used to determine federal financial participation for Medicaid matching funds; or
1166          (ii) creates for any reason a failure of the state to use the assessments for at least one of
1167     the Medicaid programs described in this chapter; or
1168          (c) a change is in effect that reduces the aggregate hospital inpatient and outpatient
1169     payment rate below the aggregate hospital inpatient and outpatient payment rate for July 1,
1170     2015.
1171          (2) If the assessment is suspended under Subsection (1):
1172          (a) the division may not collect any assessment or intergovernmental transfer under this
1173     chapter;
1174          (b) the division shall disburse money in the Medicaid Expansion Fund that was derived

1175     from assessments imposed by this chapter in accordance with the requirements in Subsection
1176     26-36b-208(4), to the extent federal matching is not reduced by CMS due to the repeal of the
1177     assessment; and
1178          (c) the division shall refund any money remaining in the Medicaid Expansion Fund
1179     after the disbursement described in Subsection (2)(b) that was derived from assessments
1180     imposed by this chapter to the hospitals in proportion to the amount paid by each hospital for
1181     the last three fiscal years.
1182          Section 19. Section 26-61a-103 is amended to read:
1183          26-61a-103. Electronic verification system.
1184          (1) The Department of Agriculture and Food, the department, the Department of Public
1185     Safety, and the Department of Technology Services shall:
1186          (a) enter into a memorandum of understanding in order to determine the function and
1187     operation of the state electronic verification system in accordance with Subsection (2);
1188          (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
1189     Procurement Code, to develop a request for proposals for a third-party provider to develop and
1190     maintain the state electronic verification system in coordination with the Department of
1191     Technology Services; and
1192          (c) select a third-party provider who meets the requirements contained in the request
1193     for proposals issued under Subsection (1)(b).
1194          (2) The Department of Agriculture and Food, the department, the Department of Public
1195     Safety, and the Department of Technology Services shall ensure that, on or before March 1,
1196     2020, the state electronic verification system described in Subsection (1):
1197          (a) allows an individual, with the individual's qualified medical provider in the qualified
1198     medical provider's office, to apply for a medical cannabis patient card or, if applicable, a
1199     medical cannabis guardian card;
1200          (b) allows an individual to apply to renew a medical cannabis patient card or a medical
1201     cannabis guardian card in accordance with Section 26-61a-201;
1202          (c) allows a qualified medical provider to:
1203          (i) access dispensing and card status information regarding a patient:
1204          (A) with whom the qualified medical provider has a provider-patient relationship; and
1205          (B) for whom the qualified medical provider has recommended or is considering

1206     recommending a medical cannabis card;
1207          (ii) electronically recommend, during a visit with a patient, treatment with cannabis in a
1208     medicinal dosage form or a cannabis product in a medicinal dosage form and optionally
1209     recommend dosing parameters;
1210          (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
1211     medical cannabis guardian cardholder:
1212          (A) for the qualified medical provider who originally recommended a medical cannabis
1213     treatment, as that term is defined in Section 26-61a-102, using telehealth services; or
1214          (B) for a qualified medical provider who did not originally recommend the medical
1215     cannabis treatment, during a face-to-face visit with a patient; and
1216          (iv) at the request of a medical cannabis cardholder, initiate a state central fill shipment
1217     in accordance with Section 26-61a-603;
1218          (d) connects with:
1219          (i) an inventory control system that a medical cannabis pharmacy and the state central
1220     fill medical cannabis pharmacy use to track in real time and archive purchases of any cannabis
1221     in a medicinal dosage form, cannabis product in a medicinal dosage form, or a medical
1222     cannabis device, including:
1223          (A) the time and date of each purchase;
1224          (B) the quantity and type of cannabis, cannabis product, or medical cannabis device
1225     purchased;
1226          (C) any cannabis production establishment, any medical cannabis pharmacy, or the
1227     state central fill medical cannabis pharmacy associated with the cannabis, cannabis product, or
1228     medical cannabis device; and
1229          (D) the personally identifiable information of the medical cannabis cardholder who
1230     made the purchase; and
1231          (ii) any commercially available inventory control system that a cannabis production
1232     establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
1233     Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
1234     Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
1235     track and confirm compliance;
1236          (e) provides access to:

1237          (i) the department to the extent necessary to carry out the department's functions and
1238     responsibilities under this chapter;
1239          (ii) the Department of Agriculture and Food to the extent necessary to carry out the
1240     functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
1241     41a, Cannabis Production Establishments; and
1242          (iii) the Division of Occupational and Professional Licensing to the extent necessary to
1243     carry out the functions and responsibilities related to the participation of the following in the
1244     recommendation and dispensing of medical cannabis:
1245          (A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1246          (B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1247     Practice Act;
1248          (C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1249     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1250          (D) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act;
1251          (f) provides access to and interaction with the state central fill medical cannabis
1252     pharmacy, state central fill agents, and local health department distribution agents, to facilitate
1253     the state central fill shipment process;
1254          (g) provides access to state or local law enforcement:
1255          (i) during a traffic stop for the purpose of determining if the individual subject to the
1256     traffic stop is in compliance with state medical cannabis law; or
1257          (ii) after obtaining a warrant; and
1258          (h) creates a record each time a person accesses the database that identifies the person
1259     who accesses the database and the individual whose records the person accesses.
1260          (3) The department may release de-identified data that the system collects for the
1261     purpose of:
1262          (a) conducting medical research; and
1263          (b) providing the report required by Section 26-61a-703.
1264          (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1265     Administrative Rulemaking Act, to establish:
1266          (a) the limitations on access to the data in the state electronic verification system as
1267     described in this section; and

1268          (b) standards and procedures to ensure accurate identification of an individual
1269     requesting information or receiving information in this section.
1270          (5) (a) Any person who knowingly and intentionally releases any information in the
1271     state electronic verification system in violation of this section is guilty of a third degree felony.
1272          (b) Any person who negligently or recklessly releases any information in the state
1273     electronic verification system in violation of this section is guilty of a class C misdemeanor.
1274          (6) (a) Any person who obtains or attempts to obtain information from the state
1275     electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
1276          (b) Any person who obtains or attempts to obtain information from the state electronic
1277     verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
1278     degree felony.
1279          (7) (a) Except as provided in Subsection (7)(e), a person may not knowingly and
1280     intentionally use, release, publish, or otherwise make available to any other person information
1281     obtained from the state electronic verification system for any purpose other than a purpose
1282     specified in this section.
1283          (b) Each separate violation of this Subsection (7) is:
1284          (i) a third degree felony; and
1285          (ii) subject to a civil penalty not to exceed $5,000.
1286          (c) The department shall determine a civil violation of this Subsection (7) in
1287     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1288          (d) Civil penalties assessed under this Subsection (7) shall be deposited into the
1289     General Fund.
1290          (e) This Subsection (7) does not prohibit a person who obtains information from the
1291     state electronic verification system under Subsection (2)(a), (c), or (f) from:
1292          (i) including the information in the person's medical chart or file for access by a person
1293     authorized to review the medical chart or file;
1294          (ii) providing the information to a person in accordance with the requirements of the
1295     Health Insurance Portability and Accountability Act of 1996; or
1296          (iii) discussing or sharing that information [on] about the patient with the patient.
1297          Section 20. Section 26-61a-104 is amended to read:
1298          26-61a-104. Qualifying condition.

1299          (1) By designating a particular condition under Subsection (2) for which the use of
1300     medical cannabis to treat symptoms is decriminalized, the Legislature does not conclusively
1301     state that:
1302          (a) current scientific evidence clearly supports the efficacy of a medical cannabis
1303     treatment for the condition; or
1304          (b) a medical cannabis treatment will treat, cure, or positively affect the condition.
1305          (2) For the purposes of this chapter, each of the following conditions is a qualifying
1306     condition:
1307          (a) HIV or acquired immune deficiency syndrome;
1308          (b) Alzheimer's disease;
1309          (c) amyotrophic lateral sclerosis;
1310          (d) cancer;
1311          (e) cachexia;
1312          (f) persistent nausea that is not significantly responsive to traditional treatment, except
1313     for nausea related to:
1314          (i) pregnancy;
1315          (ii) cannabis-induced cyclical vomiting syndrome; or
1316          (iii) cannabinoid hyperemesis syndrome;
1317          (g) Crohn's disease or ulcerative colitis;
1318          (h) epilepsy or debilitating seizures;
1319          (i) multiple sclerosis or persistent and debilitating muscle spasms;
1320          (j) post-traumatic stress disorder that is being treated and monitored by a licensed
1321     mental health therapist, as that term is defined in Section 58-60-102, and that:
1322          (i) has been diagnosed by a healthcare provider or mental health provider employed or
1323     contracted by the United States Veterans Administration, evidenced by copies of medical
1324     records from the United States Veterans Administration that are included as part of the
1325     qualified medical provider's pre-treatment assessment and medical record documentation; or
1326          (ii) has been diagnosed or confirmed, through face-to-face or telehealth evaluation of
1327     the patient, by a provider who is:
1328          (A) a licensed board-eligible or board-certified psychiatrist;
1329          (B) a licensed psychologist with a doctorate-level degree;

1330          (C) a licensed clinical social worker with a doctorate-level degree; or
1331          (D) a licensed advanced practice registered nurse who is qualified to practice within
1332     the psychiatric mental health nursing speciality and who has completed the clinical practice
1333     requirements in psychiatric mental health nursing, including in psychotherapy, in accordance
1334     with Subsection 58-31b-302(4)(g);
1335          (k) autism;
1336          (l) a terminal illness when the patient's remaining life expectancy is less than six
1337     months;
1338          (m) a condition resulting in the individual receiving hospice care;
1339          (n) a rare condition or disease that:
1340          (i) affects less than 200,000 individuals in the United States, as defined in Section 526
1341     of the Federal Food, Drug, and Cosmetic Act; and
1342          (ii) is not adequately managed despite treatment attempts using:
1343          (A) conventional medications other than opioids or opiates; or
1344          (B) physical interventions;
1345          (o) pain lasting longer than two weeks that is not adequately managed, in the qualified
1346     medical provider's opinion, despite treatment attempts using:
1347          (i) conventional medications other than opioids or opiates; or
1348          (ii) physical interventions; and
1349          (p) a condition that the compassionate use board approves under Section 26-61a-105,
1350     on an individual, case-by-case basis.
1351          Section 21. Section 26-61a-106 is amended to read:
1352          26-61a-106. Qualified medical provider registration -- Continuing education --
1353     Treatment recommendation.
1354          (1) An individual may not recommend a medical cannabis treatment unless the
1355     department registers the individual as a qualified medical provider in accordance with this
1356     section.
1357          (2) (a) The department shall, within 15 days after the day on which the department
1358     receives an application from an individual, register and issue a qualified medical provider
1359     registration card to the individual if the individual:
1360          (i) provides to the department the individual's name and address;

1361          (ii) provides to the department a report detailing the individual's completion of the
1362     applicable continuing education requirement described in Subsection (3);
1363          (iii) provides to the department evidence that the individual:
1364          (A) has the authority to write a prescription;
1365          (B) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
1366     Controlled Substances Act; and
1367          (C) possesses the authority, in accordance with the individual's scope of practice, to
1368     prescribe a Schedule II controlled substance;
1369          (iv) provides to the department evidence that the individual is:
1370          (A) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1371     Practice Act;
1372          (B) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1373     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1374          (C) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act,
1375     whose declaration of services agreement, as that term is defined in Section 58-70a-102,
1376     includes the recommending of medical cannabis, and whose supervising physician is a
1377     qualified medical provider; and
1378          (v) pays the department a fee in an amount that:
1379          (A) the department sets, in accordance with Section 63J-1-504; and
1380          (B) does not exceed $300 for an initial registration.
1381          (b) The department may not register an individual as a qualified medical provider if the
1382     individual is:
1383          (i) a pharmacy medical provider or a state central fill medical provider; or
1384          (ii) an owner, officer, director, board member, employee, or agent of a cannabis
1385     production establishment or a medical cannabis pharmacy.
1386          (3) (a) An individual shall complete the continuing education described in this
1387     Subsection (3) in the following amounts:
1388          (i) for an individual as a condition precedent to registration, four hours; and
1389          (ii) for a qualified medical provider as a condition precedent to renewal, four hours
1390     every two years.
1391          (b) In accordance with Subsection (3)(a), a qualified medical provider shall:

1392          (i) complete continuing education:
1393          (A) regarding the topics described in Subsection (3)(d); and
1394          (B) offered by the department under Subsection (3)(c) or an accredited or approved
1395     continuing education provider that the department recognizes as offering continuing education
1396     appropriate for the recommendation of cannabis to patients; and
1397          (ii) make a continuing education report to the department in accordance with a process
1398     that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1399     Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
1400     Professional Licensing and:
1401          (A) for an advanced practice registered nurse licensed under Title 58, Chapter 31b,
1402     Nurse Practice Act, the Board of Nursing;
1403          (B) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical
1404     Practice Act, the Physicians Licensing Board;
1405          (C) for a qualified medical provider licensed under Title 58, Chapter 68, Utah
1406     Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board;
1407     and
1408          (D) for a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant
1409     Act, the Physician Assistant Licensing Board.
1410          (c) The department may, in consultation with the Division of Occupational and
1411     Professional Licensing, develop the continuing education described in this Subsection (3).
1412          (d) The continuing education described in this Subsection (3) may discuss:
1413          (i) the provisions of this chapter;
1414          (ii) general information about medical cannabis under federal and state law;
1415          (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
1416     including risks and benefits;
1417          (iv) recommendations for medical cannabis as it relates to the continuing care of a
1418     patient in pain management, risk management, potential addiction, or palliative care; and
1419          (v) best practices for recommending the form and dosage of medical cannabis products
1420     based on the qualifying condition underlying a medical cannabis recommendation.
1421          (4) (a) Except as provided in Subsection (4)(b) or (c), a qualified medical provider may
1422     not recommend a medical cannabis treatment to more than 175 of the qualified medical

1423     provider's patients at the same time, as determined by the number of medical cannabis cards
1424     under the qualified medical provider's name in the state electronic verification system.
1425          (b) Except as provided in Subsection (4)(c), a qualified medical provider may
1426     recommend a medical cannabis treatment to up to 300 of the qualified medical provider's
1427     patients at any given time, as determined by the number of medical cannabis cards under the
1428     qualified medical provider's name in the state electronic verification system, if:
1429          (i) the appropriate American medical board has certified the qualified medical provider
1430     in the specialty of anesthesiology, gastroenterology, neurology, oncology, pain, hospice and
1431     palliative medicine, physical medicine and rehabilitation, rheumatology, or psychiatry; or
1432          (ii) a licensed business employs or contracts with the qualified medical provider for the
1433     specific purpose of providing hospice and palliative care.
1434          (c) (i) Notwithstanding Subsection (4)(b), a qualified medical provider described in
1435     Subsection (4)(b) may petition the Division of Occupational and Professional Licensing for
1436     authorization to exceed the limit described in Subsection (4)(b) by graduating increments of
1437     100 patients per authorization, not to exceed three authorizations.
1438          (ii) The Division of Occupational and Professional Licensing shall grant the
1439     authorization described in Subsection (4)(c)(i) if:
1440          (A) the petitioning qualified medical provider pays a $100 fee;
1441          (B) the division performs a review that includes the qualified medical provider's
1442     medical cannabis recommendation activity in the state electronic verification system, relevant
1443     information related to patient demand, and any patient medical records that the division
1444     determines would assist in the division's review; and
1445          (C) after the review described in this Subsection (4)(c)(ii), the division determines that
1446     granting the authorization would not adversely affect public safety, adversely concentrate the
1447     overall patient population among too few qualified medical providers, or adversely concentrate
1448     the use of medical cannabis among the provider's patients.
1449          (5) A qualified medical provider may recommend medical cannabis to an individual
1450     under this chapter only in the course of a qualified medical provider-patient relationship after
1451     the qualifying medical provider has completed and documented in the patient's medical record
1452     a thorough assessment of the patient's condition and medical history based on the appropriate
1453     standard of care for the patient's condition.

1454          (6) (a) Except as provided in Subsection (6)(b), a qualified medical provider may not
1455     advertise that the qualified medical provider recommends medical cannabis treatment.
1456          (b) For purposes of Subsection (6)(a), the communication of the following, through a
1457     website does not constitute advertising:
1458          (i) a green cross;
1459          (ii) a qualifying condition that the qualified medical provider treats; or
1460          (iii) a scientific study regarding medical cannabis use.
1461          (7) (a) A qualified medical provider registration card expires two years after the day on
1462     which the department issues the card.
1463          (b) The department shall renew a qualified medical provider's registration card if the
1464     provider:
1465          (i) applies for renewal;
1466          (ii) is eligible for a qualified medical provider registration card under this section,
1467     including maintaining an unrestricted license as described in Subsection (2)(a)(iii);
1468          (iii) certifies to the department in a renewal application that the information in
1469     Subsection (2)(a) is accurate or updates the information;
1470          (iv) submits a report detailing the completion of the continuing education requirement
1471     described in Subsection (3); and
1472          (v) pays the department a fee in an amount that:
1473          (A) the department sets, in accordance with Section 63J-1-504; and
1474          (B) does not exceed $50 for a registration renewal.
1475          (8) The department may revoke the registration of a qualified medical provider who
1476     fails to maintain compliance with the requirements of this section.
1477          (9) A qualified medical provider may not receive any compensation or benefit for the
1478     qualified medical provider's medical cannabis treatment recommendation from:
1479          (a) a cannabis production establishment or an owner, officer, director, board member,
1480     employee, or agent of a cannabis production establishment;
1481          (b) a medical cannabis pharmacy or an owner, officer, director, board member,
1482     employee, or agent of a medical cannabis pharmacy; or
1483          (c) a qualified medical provider or pharmacy medical provider.
1484          Section 22. Section 26-61a-301 is amended to read:

1485          26-61a-301. Medical cannabis pharmacy -- License -- Eligibility.
1486          (1) A person may not operate as a medical cannabis pharmacy without a license that
1487     the department issues under this part.
1488          (2) (a) Subject to Subsections (4) and (5) and to Section 26-61a-305, the department
1489     shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, issue a license to
1490     operate a medical cannabis pharmacy to an applicant who is eligible for a license under this
1491     section.
1492          (b) An applicant is eligible for a license under this section if the applicant submits to
1493     the department:
1494          (i) subject to Subsection (2)(c), a proposed name and address where the applicant will
1495     operate the medical cannabis pharmacy;
1496          (ii) the name and address of an individual who:
1497          (A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
1498     pharmacy; or
1499          (B) has the power to direct or cause the management or control of a proposed cannabis
1500     production establishment;
1501          (iii) evidence that the applicant has obtained and maintains a performance bond that a
1502     surety authorized to transact surety business in the state issues in an amount of at least
1503     $125,000 for each application that the applicant submits to the department;
1504          (iv) an operating plan that:
1505          (A) complies with Section 26-61a-304; and
1506          (B) includes operating procedures to comply with the operating requirements for a
1507     medical cannabis pharmacy described in this chapter and with a relevant municipal or county
1508     law that is consistent with Section 26-61a-507;
1509          (v) if the municipality or county where the proposed medical cannabis pharmacy would
1510     be located requires a local land use permit, a copy of the person's approved application for the
1511     local land use permit; and
1512          (vi) an application fee in an amount that, subject to Subsection 26-61a-109(5), the
1513     department sets in accordance with Section 63J-1-504.
1514          (c) (i) A person may not locate a medical cannabis pharmacy in or within 600 feet of an
1515     area that the relevant municipality or county has zoned as primarily residential.

1516          (ii) An applicant for a license under this section shall provide evidence of compliance
1517     with the proximity requirement described in Subsection (2)(c)(i).
1518          (d) Except as provided in Subsection (2)(c), a medical cannabis pharmacy is a
1519     permitted use in all zoning districts within a municipality or county.
1520          (e) If the department receives more than one application for a medical cannabis
1521     pharmacy within the same city or town, the department shall consult with the local land use
1522     authority before approving any of the applications pertaining to that city or town.
1523          (3) If the department determines that an applicant is eligible for a license under this
1524     section, the department shall:
1525          (a) charge the applicant an initial license fee in an amount that, subject to Subsection
1526     26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
1527          (b) notify the Department of Public Safety of the license approval and the names of
1528     each individual described in Subsection (2)(b)(ii).
1529          (4) The department may not issue a license to operate a medical cannabis pharmacy to
1530     an applicant if an individual described in Subsection (2)(b)(ii):
1531          (a) has been convicted under state or federal law of:
1532          (i) a felony; or
1533          (ii) after the effective date of this bill, a misdemeanor for drug distribution; or
1534          (b) is younger than 21 years old.
1535          (5) If an applicant for a medical cannabis pharmacy license under this section holds a
1536     license under Title 4, Chapter 41, Hemp and Cannabidiol Act, or Title 4, Chapter 41a,
1537     Cannabis Production Establishments, the department:
1538          (a) shall consult with the Department of Agriculture and Food regarding the applicant;
1539     and
1540          (b) may not give preference to the applicant based on the applicant's status as a holder
1541     of a license described in this Subsection (5).
1542          (6) The department may revoke a license under this part if:
1543          (a) the medical cannabis pharmacy does not begin operations within one year after the
1544     day on which the department issues the initial license;
1545          (b) the medical cannabis pharmacy makes the same violation of this chapter three
1546     times; or

1547          (c) an individual described in Subsection (2)(a)(ii) is convicted, while the license is
1548     active, under state or federal law of:
1549          (i) a felony; or
1550          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
1551          (7) The department shall deposit the proceeds of a fee imposed by this section in the
1552     Qualified Patient Enterprise [Account] Fund.
1553          (8) The department shall begin accepting applications under this part on or before
1554     March 1, 2020.
1555          (9) The department's authority to issue a license under this section is plenary and is not
1556     subject to review.
1557          Section 23. Section 26-61a-401 is amended to read:
1558          26-61a-401. Medical cannabis pharmacy agent -- Registration.
1559          (1) An individual may not serve as a medical cannabis pharmacy agent of a medical
1560     cannabis pharmacy unless the department registers the individual as a medical cannabis
1561     pharmacy agent.
1562          (2) Except as provided in Section 26-61a-403, the following individuals, regardless of
1563     the individual's status as a qualified medical provider, may not act as a medical cannabis
1564     pharmacy agent, have a financial or voting interest of 2% or greater in a medical cannabis
1565     pharmacy, or have the power to direct or cause the management or control of a medical
1566     cannabis pharmacy:
1567          (a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1568     Practice Act;
1569          (b) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
1570     58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1571          (c) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
1572          (3) (a) The department shall, within 15 days after the day on which the department
1573     receives a complete application from a medical cannabis pharmacy on behalf of a prospective
1574     medical cannabis pharmacy agent, register and issue a medical cannabis pharmacy agent
1575     registration card to the prospective agent if the medical cannabis pharmacy:
1576          (i) provides to the department:
1577          (A) the prospective agent's name and address;

1578          (B) the name and location of the licensed medical cannabis pharmacy where the
1579     prospective agent seeks to act as the medical cannabis pharmacy agent; and
1580          (C) the submission required under Subsection (3)(b); and
1581          (ii) pays a fee to the department in an amount that, subject to Subsection
1582     26-61a-109(5), the department sets in accordance with Section 63J-1-504.
1583          (b) Each prospective agent described in Subsection (3)(a) shall:
1584          (i) submit to the department:
1585          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
1586          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1587     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
1588     Generation Identification System's Rap Back Service; and
1589          (ii) consent to a fingerprint background check by:
1590          (A) the Bureau of Criminal Identification; and
1591          (B) the Federal Bureau of Investigation.
1592          (c) The Bureau of Criminal Identification shall:
1593          (i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
1594     the applicable state, regional, and national criminal records databases, including the Federal
1595     Bureau of Investigation Next Generation Identification System;
1596          (ii) report the results of the background check to the department;
1597          (iii) maintain a separate file of fingerprints that prospective agents submit under
1598     Subsection (3)(b) for search by future submissions to the local and regional criminal records
1599     databases, including latent prints;
1600          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1601     Generation Identification System's Rap Back Service for search by future submissions to
1602     national criminal records databases, including the Next Generation Identification System and
1603     latent prints; and
1604          (v) establish a privacy risk mitigation strategy to ensure that the department only
1605     receives notifications for an individual with whom the department maintains an authorizing
1606     relationship.
1607          (d) The department shall:
1608          (i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an

1609     amount that the department sets in accordance with Section 63J-1-504 for the services that the
1610     Bureau of Criminal Identification or another authorized agency provides under this section; and
1611          (ii) remit the fee described in Subsection (3)(d)(i) to the Bureau of Criminal
1612     Identification.
1613          (4) The department shall designate, on an individual's medical cannabis pharmacy
1614     agent registration card the name of the medical cannabis pharmacy where the individual is
1615     registered as an agent.
1616          (5) A medical cannabis pharmacy agent shall comply with a certification standard that
1617     the department develops in collaboration with the Division of Occupational and Professional
1618     Licensing and the Board of Pharmacy, or a third-party certification standard that the department
1619     designates by rule, in collaboration with the Division of Occupational and Professional
1620     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
1621     Administrative Rulemaking Act.
1622          (6) The department shall ensure that the certification standard described in Subsection
1623     (5) includes training in:
1624          (a) Utah medical cannabis law; and
1625          (b) medical cannabis pharmacy best practices.
1626          (7) The department may revoke the medical cannabis pharmacy agent registration card
1627     of, or refuse to issue a medical cannabis pharmacy agent registration card to, an individual
1628     who:
1629          (a) violates the requirements of this chapter; or
1630          (b) is convicted under state or federal law of:
1631          (i) a felony; or
1632          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
1633          (8) (a) A medical cannabis pharmacy agent registration card expires two years after the
1634     day on which the department issues or renews the card.
1635          (b) A medical cannabis pharmacy agent may renew the agent's registration card if the
1636     agent:
1637          (i) is eligible for a medical cannabis pharmacy agent registration card under this
1638     section;
1639          (ii) certifies to the department in a renewal application that the information in

1640     Subsection (3)(a) is accurate or updates the information; and
1641          (iii) pays to the department a renewal fee in an amount that:
1642          (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
1643     Section 63J-1-504; and
1644          (B) may not exceed the cost of the relatively lower administrative burden of renewal in
1645     comparison to the original application process.
1646          Section 24. Section 26-61a-504 is amended to read:
1647          26-61a-504. Inspections.
1648          (1) Each medical cannabis pharmacy shall maintain the pharmacy's medical cannabis
1649     treatment recommendation files and other records in accordance with this chapter, department
1650     rules, and the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No.
1651     104-191, 110 Stat. 1936, as amended.
1652          (2) The department may inspect the records and facility of a medical cannabis
1653     pharmacy at any time during business hours in order to determine if the medical cannabis
1654     pharmacy complies with this chapter.
1655          (3) An inspection under this section may include:
1656          (a) inspection of a site, facility, vehicle, book, record, paper, document, data, [and] or
1657     other physical or electronic information, or any combination of the above;
1658          (b) questioning of any relevant individual; or
1659          (c) inspection of equipment, an instrument, a tool, or machinery, including a container
1660     or label.
1661          (4) In making an inspection under this section, the department may freely access any
1662     area and review and make copies of a book, record, paper, document, data, or other physical or
1663     electronic information, including financial data, sales data, shipping data, pricing data, and
1664     employee data.
1665          (5) Failure to provide the department or the department's authorized agents immediate
1666     access to records and facilities during business hours in accordance with this section may result
1667     in:
1668          (a) the imposition of a civil monetary penalty that the department sets in accordance
1669     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1670          (b) license or registration suspension or revocation; or

1671          (c) an immediate cessation of operations under a cease and desist order that the
1672     department issues.
1673          Section 25. Section 26-61a-507 is amended to read:
1674          26-61a-507. Local control.
1675          (1) (a) (i) Except as provided in Subsection (1)(a)(ii), to be eligible to obtain or
1676     maintain a license under Section 26-61a-301, a person shall demonstrate that the intended
1677     medical cannabis pharmacy location is located at least:
1678          (A) 600 feet from a community location's property boundary following the shortest
1679     route of ordinary pedestrian travel;
1680          (B) 200 feet from the patron entrance to the community location's property boundary;
1681     and
1682          (C) 600 feet from an area zoned primarily residential.
1683          (ii) A municipal or county land use authority may recommend in writing that the
1684     department waive the community location proximity requirement described in Subsection
1685     (1)(a)(i).
1686          (b) (i) A municipality or county may not deny or revoke a land use permit to operate a
1687     medical cannabis pharmacy on the sole basis that the applicant or medical cannabis pharmacy
1688     violates federal law regarding the legal status of cannabis.
1689          (ii) A municipality or county may not deny or revoke a business license to operate a
1690     medical cannabis pharmacy on the sole basis that the applicant or medical cannabis pharmacy
1691     violates federal law regarding the legal status of cannabis.
1692          (2) A municipality or county may enact an ordinance that:
1693          (a) is not in conflict with this chapter; and
1694          (b) governs the time, place, or manner of medical cannabis pharmacy operations in the
1695     municipality or county.
1696          Section 26. Section 26-61a-601 is amended to read:
1697          26-61a-601. Department to establish state central fill medical cannabis pharmacy
1698     -- Duties -- Pharmacy medical provider registration -- Continuing education.
1699          (1) On or before July 1, 2020, the department shall establish or contract to establish, in
1700     accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central fill medical
1701     cannabis pharmacy as described in this section.

1702          (2) The state central fill medical cannabis pharmacy shall:
1703          (a) procure cannabis that a cannabis processing facility processes into a medicinal
1704     dosage form;
1705          (b) prepare cannabis in medicinal dosage form, a cannabis product in medicinal dosage
1706     form, or a medical cannabis device for shipment to a medical cannabis cardholder under a
1707     qualified medical provider's recommendation to address a qualifying condition;
1708          (c) transport a state central fill shipment, in accordance with Section 26-61a-605, to the
1709     relevant local health department for distribution, in accordance with Section 26-61a-607; and
1710          (d) (i) (A) if the state establishes the state central fill medical cannabis pharmacy,
1711     process and accept payment for a transaction involving a state central fill shipment; or
1712          (B) if the state establishes the state central fill medical cannabis pharmacy by contract,
1713     process prepaid requests for a state central fill shipment from the department; and
1714          (ii) deposit funds that the state central fill medical cannabis pharmacy collects under
1715     Subsection (2)(d)(i) into the Qualified Distribution Enterprise Fund created in Section
1716     26-61a-110.
1717          (3) (a) An individual may not enter a state central fill medical cannabis pharmacy
1718     location unless:
1719          (i) the individual is a state central fill agent or an employee of the state central fill
1720     medical cannabis pharmacy;
1721          (ii) the individual is an employee of the department; or
1722          (iii) a state central fill agent escorts the individual at all times.
1723          (b) An individual who violates Subsection (3)(a) is:
1724          (i) guilty of an infraction; and
1725          (ii) subject to a $100 fine.
1726          (c) An individual who is guilty of a violation described in Subsection (3)(b) is not
1727     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1728     underlying the violation described in Subsection (3)(b).
1729          (4) (a) The state central fill medical cannabis pharmacy:
1730          (i) shall employ at least one pharmacist who is licensed under Title 58, Chapter 17b,
1731     Pharmacy Practice Act, as a state central fill medical provider;
1732          (ii) may employ a physician who has the authority to write a prescription and is

1733     licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
1734     Osteopathic Medical Practice Act, as a state central fill medical provider;
1735          (iii) shall ensure that a state central fill medical provider described in Subsection
1736     (4)(a)(i) works onsite at each location during all business hours;
1737          (iv) shall designate one state central fill medical provider described in Subsection
1738     (4)(a)(i) as the pharmacist-in-charge, as that term is defined in Section 58-17b-102, to oversee
1739     the operation of and generally supervise the state central fill medical cannabis pharmacy; and
1740          (v) may establish more than one location in which the state central fill medical
1741     cannabis pharmacy operates if the department determines, after an analysis of the current and
1742     anticipated market for cannabis in a medicinal dosage form and cannabis products in a
1743     medicinal dosage form, including costs and logistical issues in transportation of state central
1744     fill shipments, that multiple central fill locations are necessary to provide an adequate supply of
1745     state central fill shipments to local health departments for distribution to recipient medical
1746     cannabis cardholders.
1747          (b) An individual may not serve as a state central fill medical provider unless the
1748     department registers the individual as a state central fill medical provider.
1749          (5) (a) The department shall, within 15 days after the day on which the department
1750     receives an application from the state central fill medical cannabis pharmacy on behalf of a
1751     prospective state central fill medical provider, register and issue a state central fill medical
1752     provider registration card to the prospective state central fill medical provider if the state
1753     central fill medical cannabis pharmacy provides to the department:
1754          (i) the prospective state central fill medical provider's name and address; and
1755          (ii) evidence that the prospective state central fill medical provider is:
1756          (A) a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1757     or
1758          (B) a physician who has the authority to write a prescription and is licensed under Title
1759     58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical
1760     Practice Act.
1761          (b) The department may not register a qualified medical provider or a pharmacy
1762     medical provider as a state central fill medical provider.
1763          (6) (a) A state central fill medical provider shall complete the continuing education

1764     described in this Subsection (6) in the following amounts:
1765          (i) as a condition precedent to registration, four hours; and
1766          (ii) as a condition precedent to renewal, four hours every two years.
1767          (b) In accordance with Subsection (6)(a), the state central fill medical provider shall:
1768          (i) complete continuing education:
1769          (A) regarding the topics described in Subsection (6)(d); and
1770          (B) offered by the department under Subsection (6)(c) or an accredited or approved
1771     continuing education provider that the department recognizes as offering continuing education
1772     appropriate for the medical cannabis pharmacy practice; and
1773          (ii) make a continuing education report to the department in accordance with a process
1774     that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1775     Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
1776     Professional Licensing and:
1777          (A) for a state central fill medical provider who is licensed under Title 58, Chapter 17b,
1778     Pharmacy Practice Act, the Board of Pharmacy;
1779          (B) for a state central fill medical provider licensed under Title 58, Chapter 67, Utah
1780     Medical Practice Act, the Physicians Licensing Board; and
1781          (C) for a state central fill medical provider licensed under Title 58, Chapter 68, Utah
1782     Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
1783          (c) The department may, in consultation with the Division of Occupational and
1784     Professional Licensing, develop the continuing education described in this Subsection (6).
1785          (d) The continuing education described in this Subsection (6) may discuss:
1786          (i) the provisions of this chapter;
1787          (ii) general information about medical cannabis under federal and state law;
1788          (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
1789     including risks and benefits;
1790          (iv) recommendations for medical cannabis as it relates to the continuing care of a
1791     patient in pain management, risk management, potential addiction, and palliative care; or
1792          (v) best practices for recommending the form and dosage of medical cannabis products
1793     based on the qualifying condition underlying the medical cannabis recommendation.
1794          (7) (a) A state central fill medical provider registration card expires two years after the

1795     day on which the department issues or renews the card.
1796          (b) A state central fill medical provider may renew the provider's registration card if
1797     the provider:
1798          (i) is eligible for a state central fill medical provider registration card under this
1799     section;
1800          (ii) certifies to the department in a renewal application that the information in
1801     Subsection (5) is accurate or updates the information; and
1802          (iii) submits a report detailing the completion of the continuing education requirement
1803     described in Subsection (6).
1804          Section 27. Section 26-61a-602 is amended to read:
1805          26-61a-602. State central fill agent -- Background check -- Registration card --
1806     Rebuttable presumption.
1807          (1) An individual may not serve as a state central fill agent unless:
1808          (a) the individual is an employee of the state central fill medical cannabis pharmacy;
1809     and
1810          (b) the department registers the individual as a state central fill agent.
1811          (2) (a) The department shall, within 15 days after the day on which the department
1812     receives a complete application from the state central fill medical cannabis pharmacy on behalf
1813     of a prospective state central fill agent, register and issue a state central fill agent registration
1814     card to the prospective agent if the state central fill medical cannabis pharmacy:
1815          (i) provides to the department:
1816          (A) the prospective agent's name and address; and
1817          (B) the submission required under Subsection (2)(b); and
1818          (ii) as reported under Subsection (2)(b), has not been convicted under state or federal
1819     law of:
1820          (A) a felony; or
1821          (B) after the effective date of this bill, a misdemeanor for drug distribution.
1822          (b) Each prospective agent described in Subsection (2)(a) shall:
1823          (i) submit to the department:
1824          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
1825          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the

1826     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
1827     Generation Identification System's Rap Back Service; and
1828          (ii) consent to a fingerprint background check by:
1829          (A) the Bureau of Criminal Identification; and
1830          (B) the Federal Bureau of Investigation.
1831          (c) The Bureau of Criminal Identification shall:
1832          (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
1833     the applicable state, regional, and national criminal records databases, including the Federal
1834     Bureau of Investigation Next Generation Identification System;
1835          (ii) report the results of the background check to the department;
1836          (iii) maintain a separate file of fingerprints that prospective agents submit under
1837     Subsection (2)(b) for search by future submissions to the local and regional criminal records
1838     databases, including latent prints;
1839          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1840     Generation Identification System's Rap Back Service for search by future submissions to
1841     national criminal records databases, including the Next Generation Identification System and
1842     latent prints; and
1843          (v) establish a privacy risk mitigation strategy to ensure that the department only
1844     receives notifications for an individual with whom the department maintains an authorizing
1845     relationship.
1846          (d) The department shall:
1847          (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
1848     amount that the department sets in accordance with Section 63J-1-504 for the services that the
1849     Bureau of Criminal Identification or another authorized agency provides under this section; and
1850          (ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal
1851     Identification.
1852          (3) (a) A state central fill agent shall comply with a certification standard that the
1853     department develops, in collaboration with the Division of Occupational and Professional
1854     Licensing and the Board of Pharmacy, or a third-party certification standard that the department
1855     designates by rule, in collaboration with the Division of Occupational and Professional
1856     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah

1857     Administrative Rulemaking Act.
1858          (b) The department shall ensure that the certification standard described in Subsection
1859     (3)(a) includes continuing education in:
1860          (i) Utah medical cannabis law;
1861          (ii) the state central fill medical cannabis pharmacy shipment process; and
1862          (iii) state central fill agent best practices.
1863          (4) The department may revoke or refuse to issue the state central fill agent registration
1864     card of an individual who:
1865          (a) violates the requirements of this chapter; or
1866          (b) is convicted under state or federal law of:
1867          (i) a felony; or
1868          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
1869          (5) (a) A state central fill agent registration card expires two years after the day on
1870     which the department issues or renews the card.
1871          (b) A state central fill agent may renew the agent's registration card if the agent:
1872          (i) is eligible for a state central fill registration card under this section; and
1873          (ii) certifies to the department in a renewal application that the information in
1874     Subsection (2)(a) is accurate or updates the information.
1875          (6) A state central fill agent who the department registers under this section shall carry
1876     the individual's state central fill agent registration card with the individual at all times when:
1877          (a) the individual is on the premises of the state central fill medical cannabis pharmacy;
1878     and
1879          (b) the individual is transporting cannabis in a medicinal dosage form, a cannabis
1880     product in a medicinal dosage form, or a medical cannabis device between a cannabis
1881     production establishment and the state central fill medical cannabis pharmacy.
1882          (7) If an individual handling cannabis, a cannabis product, or a medical cannabis
1883     device handles the cannabis, cannabis product, or medical cannabis device in compliance with
1884     Subsection (6):
1885          (a) there is a rebuttable presumption that the individual possesses the cannabis,
1886     cannabis product, or medical cannabis device legally; and
1887          (b) there is no probable cause, based solely on the individual's handling of the cannabis

1888     in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis
1889     device, that the individual is engaging in illegal activity.
1890          (8) (a) An individual who violates Subsection (6) is:
1891          (i) guilty of an infraction; and
1892          (ii) subject to a $100 fine.
1893          (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
1894     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1895     underlying the violation described in Subsection (8)(a).
1896          Section 28. Section 26-61a-606 is amended to read:
1897          26-61a-606. Local health department distribution agent -- Background check --
1898     Registration card -- Rebuttable presumption.
1899          (1) An individual may not serve as a local health department distribution agent unless:
1900          (a) the individual is an employee of a local health department; and
1901          (b) the department registers the individual as a local health department distribution
1902     agent.
1903          (2) (a) The department shall, within 15 days after the day on which the department
1904     receives a complete application from a local health department on behalf of a prospective local
1905     health department distribution agent, register and issue a local health department distribution
1906     agent registration card to the prospective agent if the local health department:
1907          (i) provides to the department:
1908          (A) the prospective agent's name and address;
1909          (B) the name and location of the local health department where the prospective agent
1910     seeks to act as a local health department distribution agent; and
1911          (C) the submission required under Subsection (2)(b); and
1912          (ii) as reported under Subsection (2)(c), has not been convicted under state or federal
1913     law of:
1914          (A) a felony; or
1915          (B) after the effective date of this bill, a misdemeanor for drug distribution.
1916          (b) Each prospective agent described in Subsection (2)(a) shall:
1917          (i) submit to the department:
1918          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and

1919          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1920     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
1921     Generation Identification System's Rap Back Service; and
1922          (ii) consent to a fingerprint background check by:
1923          (A) the Bureau of Criminal Identification; and
1924          (B) the Federal Bureau of Investigation.
1925          (c) The Bureau of Criminal Identification shall:
1926          (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
1927     the applicable state, regional, and national criminal records databases, including the Federal
1928     Bureau of Investigation Next Generation Identification System;
1929          (ii) report the results of the background check to the department;
1930          (iii) maintain a separate file of fingerprints that prospective agents submit under
1931     Subsection (2)(b) for search by future submissions to the local and regional criminal records
1932     databases, including latent prints;
1933          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1934     Generation Identification System's Rap Back Service for search by future submissions to
1935     national criminal records databases, including the Next Generation Identification System and
1936     latent prints; and
1937          (v) establish a privacy risk mitigation strategy to ensure that the department only
1938     receives notifications for an individual with whom the department maintains an authorizing
1939     relationship.
1940          (d) The department shall:
1941          (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
1942     amount that the department sets in accordance with Section 63J-1-504 for the services that the
1943     Bureau of Criminal Identification or another authorized agency provides under this section; and
1944          (ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal
1945     Identification.
1946          (3) The department shall designate on an individual's local health department
1947     distribution agent registration card the name of the local health department where the
1948     individual is registered as an agent.
1949          (4) (a) A local health department distribution agent shall comply with a certification

1950     standard that the department develops, in collaboration with the Division of Occupational and
1951     Professional Licensing and the Board of Pharmacy, or a third-party certification standard that
1952     the department designates by rule in collaboration with the Division of Occupational and
1953     Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter
1954     3, Utah Administrative Rulemaking Act.
1955          (b) The department shall ensure that the certification standard described in Subsection
1956     (4)(a) includes training in:
1957          (i) Utah medical cannabis law;
1958          (ii) the state central fill medical cannabis pharmacy shipment process; and
1959          (iii) local health department distribution agent best practices.
1960          (5) The department may revoke or refuse to issue or renew the local health department
1961     distribution agent registration card of an individual who:
1962          (a) violates the requirements of this chapter; or
1963          (b) is convicted under state or federal law of:
1964          (i) a felony; or
1965          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
1966          (6) A local health department distribution agent who the department has registered
1967     under this section shall carry the agent's local health department distribution agent registration
1968     card with the agent at all times when:
1969          (a) the agent is on the premises of the local health department; and
1970          (b) the agent is handling a shipment of cannabis or cannabis product from the state
1971     central fill medical cannabis pharmacy.
1972          (7) If a local health department distribution agent handling a shipment of cannabis or
1973     cannabis product from the state central fill medical cannabis pharmacy possesses the shipment
1974     in compliance with Subsection (6):
1975          (a) there is a rebuttable presumption that the agent possesses the shipment legally; and
1976          (b) there is no probable cause, based solely on the agent's possession of the shipment
1977     containing medical cannabis in medicinal dosage form, a cannabis product in medicinal dosage
1978     form, or a medical cannabis device, that the agent is engaging in illegal activity.
1979          (8) (a) A local health department distribution agent who violates Subsection (6) is:
1980          (i) guilty of an infraction; and

1981          (ii) subject to a $100 fine.
1982          (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
1983     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1984     underlying the violation described in Subsection (8)(a).
1985          Section 29. Section 26-61a-611 is amended to read:
1986          26-61a-611. Advertising.
1987          (1) Except as provided in Subsection (2), the state central fill medical cannabis
1988     pharmacy may not advertise in any medium.
1989          (2) The state central fill medical cannabis pharmacy may maintain a website that
1990     includes information about:
1991          (a) the contact information for the state central fill medical cannabis pharmacy;
1992          (b) a product or service available through shipment from the state central fill medical
1993     cannabis pharmacy;
1994          (c) a description of the state central fill medical cannabis pharmacy shipment process;
1995          (d) information about retrieving a state central fill shipment at a local health
1996     department; [or] and
1997          (e) educational material related to the medical use of cannabis.
1998          Section 30. Section 26-63-102 is amended to read:
1999          26-63-102. Definitions.
2000          As used in this chapter:
2001          (1) "At-risk individual" means an individual who qualifies for coverage under:
2002          (a) the Children's Health Insurance Program created in Chapter 40, Utah Children's
2003     Health Insurance Act;
2004          (b) the Medicaid program, as defined in Section 26-18-2;
2005          (c) the Special Supplemental Nutrition Program for Women, Infants, and Children,
2006     established in 42 U.S.C. Sec. 1786; or
2007          (d) Temporary Assistance for Needy Families, described in 42 U.S.C. Sec. 601 et seq.
2008          (2) "Eligible participant" means an individual who:
2009          (a) is referred to the program as an at-risk individual; and
2010          (b) is appropriate for participation in the program as determined by a service provider.
2011          (3) "Fiscal intermediary entity" means an organization that has the necessary

2012     experience to coordinate the funding and management of a pay-for-success contract.
2013          (4) "Independent evaluator" means a person that is contracted to conduct an annual
2014     evaluation of the performance outcome measures specified in the pay-for-success contract.
2015          (5) "Investor" means a private person that:
2016          (a) provides an up-front cash payment to fund the program; and
2017          (b) receives a success payment if the performance outcome measures are satisfied.
2018          (6) "Pay-for-success contract" means a contract entered into by the department in
2019     accordance with Section 26-63-301.
2020          (7) "Performance outcome measure" means a measurable outcome established by the
2021     department under Section 26-63-302.
2022          (8) "Program" means the Nurse Home Visiting Pay-for-Success Program created in
2023     Section 26-63-201.
2024          (9) "Programmatic intermediary entity" means a private, not-for-profit organization
2025     that enters into a pay-for-success contract with the department to operate the program.
2026          (10) "Qualified nurse" means an individual who is licensed to practice as a registered
2027     nurse in the state.
2028          (11) "Restricted account" means the Nurse Home Visiting Restricted Account created
2029     in Section 26-63-601.
2030          (12) "Service provider" means a person that receives a contract from the programmatic
2031     intermediary entity to provide the services described in Section 26-63-203.
2032          (13) "Success payment" means the amount paid by the department to an investor from
2033     the restricted [fund] account in accordance with the terms of a pay-for-success contract.
2034          Section 31. Section 26-63-301 is amended to read:
2035          26-63-301. Pay-for-success contract -- Success payments -- Outcome measures.
2036          The department shall implement a program under this chapter through a pay-for-success
2037     contract, which:
2038          (1) shall include at least all of the following as parties to the contract:
2039          (a) the department;
2040          (b) an independent evaluator;
2041          (c) [an] a programmatic intermediary [agency] entity; and
2042          (d) an investor;

2043          (2) shall include clear performance outcome measures that trigger a success payment;
2044          (3) shall establish a payment schedule for investors if the performance outcome
2045     measures are achieved;
2046          (4) shall only allow repayment with funds appropriated from the restricted account;
2047          (5) shall prohibit civil action by investors against the state if a success payment is not
2048     made because performance outcome measures are not achieved; and
2049          (6) may not, under any circumstance, cause the total outstanding obligations under this
2050     chapter to exceed $25,000,000.
2051          Section 32. Section 26-63-401 is amended to read:
2052          26-63-401. Pilot phase.
2053          (1) Before July 1, 2019, the department shall:
2054          (a) identify whether there is a targetable, high-need population for the implementation
2055     of the home visiting program;
2056          (b) identify service providers that are able to reach the targeted population with the
2057     program; and
2058          (c) gather data needed to make the evaluation in Subsection (3).
2059          (2) The department may:
2060          (a) contract with a third party with the necessary expertise to act as a programmatic
2061     intermediary [agency] entity to administer the pilot phase described in Subsection (1);
2062          (b) contract with a fiscal intermediary entity to administer the pilot phase described in
2063     Subsection (1); and
2064          (c) execute a single contract with the programmatic intermediary [agency] entity to
2065     administer the pilot phase described in this section and the implementation phase described in
2066     Section 26-63-402.
2067          (3) The department shall begin the implementation phase described in Section
2068     26-63-203 if the department determines that:
2069          (a) there is at least one identifiable high-need population that would benefit from the
2070     program;
2071          (b) there are sufficient service providers to provide services under the program to the
2072     population described in Subsection (3)(a);
2073          (c) there is evidence that the program would produce positive outcomes for the state;

2074     and
2075          (d) there are persons that are qualified and have expressed an interest in serving as:
2076          (i) [an] a programmatic intermediary entity;
2077          (ii) an independent evaluator; and
2078          (iii) an investor.
2079          Section 33. Section 26-63-402 is amended to read:
2080          26-63-402. Implementation phase.
2081          (1) If all of the conditions described in Subsection 26-63-401(3) are satisfied, and after
2082     the department has made the report described in Subsection 26-63-302(2), the department shall
2083     enter into a pay-for-success contract with a programmatic intermediary entity, an independent
2084     evaluator, and investors to provide the services required under Section 26-63-203.
2085          (2) The department shall make success payments from the restricted [fund] account to
2086     investors in accordance with the terms of the pay-for-success contract.
2087          (3) The program shall operate for six years.
2088          Section 34. Section 30-3-10 is amended to read:
2089          30-3-10. Custody of children in case of separation or divorce -- Custody
2090     consideration.
2091          (1) If a married couple having one or more minor children are separated, or their
2092     marriage is declared void or dissolved, the court shall make an order for the future care and
2093     custody of the minor children as it considers appropriate.
2094          (a) In determining any form of custody, including a change in custody, the court shall
2095     consider the best interests of the child without preference for either parent solely because of the
2096     biological sex of the parent and, among other factors the court finds relevant, the following:
2097          (i) in accordance with Subsection (7), the past conduct and demonstrated moral
2098     standards of each of the parties;
2099          (ii) which parent is most likely to act in the best interest of the child, including
2100     allowing the child frequent and continuing contact with the noncustodial parent;
2101          (iii) the extent of bonding between the parent and child, meaning the depth, quality,
2102     and nature of the relationship between a parent and child;
2103          (iv) whether the parent has intentionally exposed the child to pornography or material
2104     harmful to a minor, as defined in Section 76-10-1201; and

2105          (v) those factors outlined in Section 30-3-10.2.
2106          (b) There is a rebuttable presumption that joint legal custody, as defined in Section
2107     30-3-10.1, is in the best interest of the child, except in cases where there is:
2108          (i) domestic violence in the home or in the presence of the child;
2109          (ii) special physical or mental needs of a parent or child, making joint legal custody
2110     unreasonable;
2111          (iii) physical distance between the residences of the parents, making joint decision
2112     making impractical in certain circumstances; or
2113          (iv) any other factor the court considers relevant including those listed in this section
2114     and Section 30-3-10.2.
2115          (c) (i) The person who desires joint legal custody shall file a proposed parenting plan in
2116     accordance with Sections 30-3-10.8 and 30-3-10.9.
2117          (ii) A presumption for joint legal custody may be rebutted by a showing by a
2118     preponderance of the evidence that it is not in the best interest of the child.
2119          (d) A child may not be required by either party to testify unless the trier of fact
2120     determines that extenuating circumstances exist that would necessitate the testimony of the
2121     child be heard and there is no other reasonable method to present the child's testimony.
2122          (e) (i) The court may inquire of the child's and take into consideration [the] the child's
2123     desires regarding future custody or parent-time schedules, but the expressed desires are not
2124     controlling and the court may determine the [children's] child's custody or parent-time
2125     otherwise.
2126          (ii) The desires of a child 14 years of age or older shall be given added weight, but is
2127     not the single controlling factor.
2128          (f) (i) If an interview with a child is conducted by the court pursuant to Subsection
2129     (1)(e), the interview shall be conducted by the judge in camera.
2130          (ii) The prior consent of the parties may be obtained but is not necessary if the court
2131     finds that an interview with a child is the only method to ascertain the child's desires regarding
2132     custody.
2133          (2) In awarding custody, the court shall consider, among other factors the court finds
2134     relevant, which parent is most likely to act in the best interests of the child, including allowing
2135     the child frequent and continuing contact with the noncustodial parent as the court finds

2136     appropriate.
2137          (3) If the court finds that one parent does not desire custody of the child, the court shall
2138     take that evidence into consideration in determining whether to award custody to the other
2139     parent.
2140          (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
2141     parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
2142     whether a substantial change has occurred for the purpose of modifying an award of custody.
2143          (b) The court may not consider the disability of a parent as a factor in awarding custody
2144     or modifying an award of custody based on a determination of a substantial change in
2145     circumstances, unless the court makes specific findings that:
2146          (i) the disability significantly or substantially inhibits the parent's ability to provide for
2147     the physical and emotional needs of the child at issue; and
2148          (ii) the parent with a disability lacks sufficient human, monetary, or other resources
2149     available to supplement the parent's ability to provide for the physical and emotional needs of
2150     the child at issue.
2151          (c) Nothing in this section may be construed to apply to adoption proceedings under
2152     Title 78B, Chapter 6, Part 1, Utah Adoption Act.
2153          (5) This section establishes neither a preference nor a presumption for or against joint
2154     physical custody or sole physical custody, but allows the court and the family the widest
2155     discretion to choose a parenting plan that is in the best interest of the child.
2156          (6) When an issue before the court involves custodial responsibility in the event of a
2157     deployment of one or both parents who are servicemembers, and the servicemember has not yet
2158     been notified of deployment, the court shall resolve the issue based on the standards in Sections
2159     78B-20-306 through 78B-20-309.
2160          (7) In considering the past conduct and demonstrated moral standards of each party
2161     under Subsection (1)(a)(i) or any other factor a court finds relevant, the court may not
2162     discriminate against a parent because of or otherwise consider the parent's:
2163          (a) lawful possession or use of cannabis in a medicinal dosage form, a cannabis
2164     product in a medicinal dosage form, or a medical cannabis device, in accordance with Title 26,
2165     Chapter 61a, Utah Medical Cannabis Act, except as it relates to that parent's ability to care for a
2166     child; or

2167          (b) status as a:
2168          (i) cannabis production establishment agent, as that term is defined in Section
2169     4-41a-102;
2170          (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102;
2171          (iii) state central fill agent, as that term is defined in Section 26-61a-102; or
2172          (iv) medical cannabis cardholder in accordance with Title 26, Chapter 61a, Utah
2173     Medical Cannabis Act.
2174          Section 35. Section 31A-22-618 is amended to read:
2175          31A-22-618. Nondiscrimination among health care professionals.
2176          (1) Except as provided under Section 31A-45-303 and Subsection (2), and except as to
2177     insurers licensed under Chapter 8, Health Maintenance Organizations and Limited Health
2178     Plans, no insurer may unfairly discriminate against any licensed class of health care providers
2179     by structuring contract exclusions which exclude payment of benefits for the treatment of any
2180     illness, injury, or condition by any licensed class of health care providers when the treatment is
2181     within the scope of the licensee's practice and the illness, injury, or condition falls within the
2182     coverage of the contract. Upon the written request of an insured alleging an insurer has
2183     violated this section, the commissioner shall hold a hearing to determine if the violation exists.
2184     The commissioner may consolidate two or more related alleged violations into a single hearing.
2185          (2) Coverage for licensed providers for behavioral analysis may be limited by [a] an
2186     insurer in accordance with Section 58-61-714. Nothing in this section prohibits an insurer
2187     from electing to provide coverage for other licensed professionals whose scope of practice
2188     includes behavior analysis.
2189          Section 36. Section 34A-2-407 is amended to read:
2190          34A-2-407. Reporting of industrial injuries -- Regulation of health care
2191     providers.
2192          (1) As used in this section, "physician" is as defined in Section 34A-2-111.
2193          (2) (a) An employee sustaining an injury arising out of and in the course of
2194     employment shall provide notification to the employee's employer promptly of the injury.
2195          (b) If the employee is unable to provide the notification required by Subsection (2)(a),
2196     the following may provide notification of the injury to the employee's employer:
2197          (i) the employee's next of kin; or

2198          (ii) the employee's attorney.
2199          (c) An employee claiming benefits under this chapter or Chapter 3, Utah Occupational
2200     Disease Act, shall comply with rules adopted by the commission regarding disclosure of
2201     medical records of the employee medically relevant to the industrial accident or occupational
2202     disease claim.
2203          (3) (a) An employee is barred for any claim of benefits arising from an injury if the
2204     employee fails to notify within the time period described in Subsection (3)(b):
2205          (i) the employee's employer in accordance with Subsection (2); or
2206          (ii) the division.
2207          (b) The notice required by Subsection (3)(a) shall be made within:
2208          (i) 180 days of the day on which the injury occurs; or
2209          (ii) in the case of an occupational hearing loss, the time period specified in Section
2210     34A-2-506.
2211          (4) The following constitute notification of injury required by Subsection (2):
2212          (a) an employer's report filed with:
2213          (i) the division; or
2214          (ii) the employer's workers' compensation insurance carrier;
2215          (b) a physician's injury report filed with:
2216          (i) the division;
2217          (ii) the employer; or
2218          (iii) the employer's workers' compensation insurance carrier;
2219          (c) a workers' compensation insurance carrier's report filed with the division; or
2220          (d) the payment of any medical or disability benefits by:
2221          (i) the employer; or
2222          (ii) the employer's workers' compensation insurance carrier.
2223          (5) (a) An employer and the employer's workers' compensation insurance carrier, if
2224     any, shall file a report in accordance with the rules made under Subsection (5)(b) of a:
2225          (i) work-related fatality; or
2226          (ii) work-related injury resulting in:
2227          (A) medical treatment;
2228          (B) loss of consciousness;

2229          (C) loss of work;
2230          (D) restriction of work; or
2231          (E) transfer to another job.
2232          (b) An employer or the employer's workers' compensation insurance carrier, if any,
2233     shall file a report required by Subsection (5)(a), and any subsequent reports of a previously
2234     reported injury as may be required by the commission, within the time limits and in the manner
2235     established by rule by the commission made after consultation with the workers' compensation
2236     advisory council and in accordance with Title 63G, Chapter 3, Utah Administrative
2237     Rulemaking Act. A rule made under this Subsection (5)(b) shall:
2238          (i) be reasonable; and
2239          (ii) take into consideration the practicality and cost of complying with the rule.
2240          (c) A report is not required to be filed under this Subsection (5) for a minor injury, such
2241     as a cut or scratch that requires first aid treatment only, unless:
2242          (i) a treating physician files a report with the division in accordance with Subsection
2243     (9); or
2244          (ii) a treating physician is required to file a report with the division in accordance with
2245     Subsection (9).
2246          (6) An employer and its workers' compensation insurance carrier, if any, required to
2247     file a report under Subsection (5) shall provide the employee with:
2248          (a) a copy of the report submitted to the division; and
2249          (b) a statement, as prepared by the division, of the employee's rights and
2250     responsibilities related to the industrial injury.
2251          (7) An employer shall maintain a record in a manner prescribed by the commission by
2252     rule of all:
2253          (a) work-related fatalities; or
2254          (b) work-related injuries resulting in:
2255          (i) medical treatment;
2256          (ii) loss of consciousness;
2257          (iii) loss of work;
2258          (iv) restriction of work; or
2259          (v) transfer to another job.

2260          (8) (a) Except as provided in Subsection (8)(b), an employer or a workers'
2261     compensation insurance carrier who refuses or neglects to make a report, maintain a record, or
2262     file a report as required by this section is subject to a civil assessment:
2263          (i) imposed by the division, subject to the requirements of Title 63G, Chapter 4,
2264     Administrative Procedures Act; and
2265          (ii) that may not exceed $500.
2266          (b) An employer or workers' compensation insurance carrier is not subject to the civil
2267     assessment under this Subsection (8) if:
2268          (i) the employer or workers' compensation insurance carrier submits a report later than
2269     required by this section; and
2270          (ii) the division finds that the employer or workers' compensation insurance carrier has
2271     shown good cause for submitting a report later than required by this section.
2272          (c) (i) A civil assessment collected under this Subsection (8) shall be deposited into the
2273     Uninsured Employers' Fund created in Section 34A-2-704 to be used for a purpose specified in
2274     Section 34A-2-704.
2275          (ii) The administrator of the Uninsured Employers' Fund shall collect money required
2276     to be deposited into the Uninsured Employers' Fund under this Subsection (8)(c) in accordance
2277     with Section 34A-2-704.
2278          (9) (a) A physician attending an injured employee shall comply with rules established
2279     by the commission regarding:
2280          (i) fees for physician's services;
2281          (ii) disclosure of medical records of the employee medically relevant to the employee's
2282     industrial accident or occupational disease claim;
2283          (iii) reports to the division regarding:
2284          (A) the condition and treatment of an injured employee; or
2285          (B) any other matter concerning industrial cases that the physician is treating; and
2286          (iv) rules made under Section 34A-2-407.5.
2287          (b) A physician who is associated with, employed by, or bills through a hospital is
2288     subject to Subsection (9)(a).
2289          (c) A hospital providing services for an injured employee is not subject to the
2290     requirements of Subsection (9)(a) except for rules made by the commission that are described

2291     in Subsection (9)(a)(ii) or (iii) or Section 34A-2-407.5.
2292          (d) The commission's schedule of fees may reasonably differentiate remuneration to be
2293     paid to providers of health services based on:
2294          (i) the severity of the employee's condition;
2295          (ii) the nature of the treatment necessary; and
2296          (iii) the facilities or equipment specially required to deliver that treatment.
2297          (e) This Subsection (9) does not prohibit a contract with a provider of health services
2298     relating to the pricing of goods and services.
2299          (10) A copy of the initial report filed under Subsection (9)(a)(iii) shall be furnished to:
2300          (a) the division;
2301          (b) the employee; and
2302          (c) (i) the employer; or
2303          (ii) the employer's workers' compensation insurance carrier.
2304          (11) (a) As used in this Subsection (11):
2305          (i) "Balance billing" means charging a person, on whose behalf a workers'
2306     compensation insurance carrier or self-insured employer is obligated to pay medical benefits
2307     under this chapter or Chapter 3, Utah Occupational Disease Act, for the difference between
2308     what the workers' compensation insurance carrier or self-insured employer reimburses the
2309     hospital for covered medical services and what the hospital charges for those covered medical
2310     services.
2311          (ii) "Covered medical services" means medical services provided by a hospital that are
2312     covered by workers' compensation medical benefits under this chapter or Chapter 3, Utah
2313     Occupational Disease Act.
2314          (iii) "Health benefit plan" means the same as that term is defined in Section
2315     31A-22-619.6.
2316          (iv) "Self-insured employer" means the same as that term is defined in Section
2317     34A-2-201.5.
2318          (b) Subject to Subsection (11)(d), a workers' compensation insurance carrier or
2319     self-insured employer may contract, either in writing or by mutual oral agreement, with a
2320     hospital to establish reimbursement rates.
2321          (c) Subject to Subsection (11)(d), for the time period beginning on May 8, 2018, and

2322     ending on July 1, 2021, a workers' compensation insurance carrier or self-insured employer that
2323     is reimbursing a hospital for covered medical services shall reimburse the hospital:
2324          (i) in accordance with a contract described in Subsection (11)(b); or
2325          (ii) (A) if the hospital is located in a county of the first, second, or third class, as
2326     classified in Section 17-50-501, at 75% of the billed hospital fees for the covered medical
2327     services; or
2328          (B) if the hospital is located in a county of the fourth, fifth, or sixth class, as classified
2329     in Section 17-50-501, at 85% of the billed hospital fees for the covered medical services.
2330          (d) A hospital may not engage in balance billing.
2331          (e) Covered services paid under a health benefit plan are subject to coordination of
2332     benefits in accordance with [Sections] Section 31A-22-619.6 [and 34A-2-213].
2333          (12) (a) Subject to appellate review under Section 34A-1-303, the commission has
2334     exclusive jurisdiction to hear and determine:
2335          (i) whether goods provided to or services rendered to an employee are compensable
2336     pursuant to this chapter or Chapter 3, Utah Occupational Disease Act, including:
2337          (A) medical, nurse, or hospital services;
2338          (B) medicines; and
2339          (C) artificial means, appliances, or prosthesis;
2340          (ii) except for amounts charged or paid under Subsection (11), the reasonableness of
2341     the amounts charged or paid for a good or service described in Subsection (12)(a)(i); and
2342          (iii) collection issues related to a good or service described in Subsection (12)(a)(i).
2343          (b) Except as provided in Subsection (12)(a), Subsection 34A-2-211(6), or Section
2344     34A-2-212, a person may not maintain a cause of action in any forum within this state other
2345     than the commission for collection or payment for goods or services described in Subsection
2346     (12)(a) that are compensable under this chapter or Chapter 3, Utah Occupational Disease Act.
2347          Section 37. Section 34A-2-704 is amended to read:
2348          34A-2-704. Uninsured Employers' Fund.
2349          (1) (a) There is created an Uninsured Employers' Fund. The Uninsured Employers'
2350     Fund has the purpose of assisting in the payment of workers' compensation benefits to a person
2351     entitled to the benefits, if:
2352          (i) that person's employer:

2353          (A) is individually, jointly, or severally liable to pay the benefits; and
2354          (B) (I) becomes or is insolvent;
2355          (II) appoints or has appointed a receiver; or
2356          (III) otherwise does not have sufficient funds, insurance, sureties, or other security to
2357     cover workers' compensation liabilities; and
2358          (ii) the employment relationship between that person and the person's employer is
2359     localized within the state as provided in Subsection (20).
2360          (b) The Uninsured Employers' Fund succeeds to money previously held in the Default
2361     Indemnity Fund.
2362          (c) If it becomes necessary to pay benefits, the Uninsured Employers' Fund is liable for
2363     the obligations of the employer set forth in this chapter and Chapter 3, Utah Occupational
2364     Disease Act, with the exception of a penalty on those obligations.
2365          (2) (a) Money for the Uninsured Employers' Fund shall be deposited into the Uninsured
2366     Employers' Fund in accordance with this chapter[,] and Subsection 59-9-101(2)[, and
2367     Subsection 34A-2-213(3)].
2368          (b) The commissioner shall appoint an administrator of the Uninsured Employers'
2369     Fund.
2370          (c) (i) The state treasurer is the custodian of the Uninsured Employers' Fund.
2371          (ii) The administrator shall make provisions for and direct distribution from the
2372     Uninsured Employers' Fund.
2373          (3) Reasonable costs of administering the Uninsured Employers' Fund or other fees
2374     required to be paid by the Uninsured Employers' Fund may be paid from the Uninsured
2375     Employers' Fund.
2376          (4) The state treasurer shall:
2377          (a) receive workers' compensation premium assessments from the State Tax
2378     Commission; and
2379          (b) invest the Uninsured Employers' Fund to ensure maximum investment return for
2380     both long and short term investments in accordance with Section 34A-2-706.
2381          (5) (a) The administrator may employ, retain, or appoint counsel to represent the
2382     Uninsured Employers' Fund in a proceeding brought to enforce a claim against or on behalf of
2383     the Uninsured Employers' Fund.

2384          (b) If requested by the commission, the following shall aid in the representation of the
2385     Uninsured Employers' Fund:
2386          (i) the attorney general; or
2387          (ii) the city attorney, or county attorney of the locality in which:
2388          (A) an investigation, hearing, or trial under this chapter or Chapter 3, Utah
2389     Occupational Disease Act, is pending;
2390          (B) the employee resides; or
2391          (C) an employer:
2392          (I) resides; or
2393          (II) is doing business.
2394          (c) (i) Notwithstanding Title 63A, Chapter 3, Part 5, Office of State Debt Collection,
2395     the administrator shall provide for the collection of money required to be deposited in the
2396     Uninsured Employers' Fund under this chapter and Chapter 3, Utah Occupational Disease Act.
2397          (ii) To comply with Subsection (5)(c)(i), the administrator may:
2398          (A) take appropriate action, including docketing an award in a manner consistent with
2399     Section 34A-2-212; and
2400          (B) employ counsel and other personnel necessary to collect the money described in
2401     Subsection (5)(c)(i).
2402          (6) To the extent of the compensation and other benefits paid or payable to or on behalf
2403     of an employee or the employee's dependents from the Uninsured Employers' Fund, the
2404     Uninsured Employers' Fund, by subrogation, has the rights, powers, and benefits of the
2405     employee or the employee's dependents against the employer failing to make the compensation
2406     payments.
2407          (7) (a) The receiver, trustee, liquidator, or statutory successor of an employer meeting a
2408     condition listed in Subsection (1)(a)(i)(B) is bound by a settlement of a covered claim by the
2409     Uninsured Employers' Fund.
2410          (b) A court with jurisdiction shall grant a payment made under this section a priority
2411     equal to that to which the claimant would have been entitled in the absence of this section
2412     against the assets of the employer meeting a condition listed in Subsection (1)(a)(i)(B).
2413          (c) The expenses of the Uninsured Employers' Fund in handling a claim shall be
2414     accorded the same priority as the liquidator's expenses.

2415          (8) (a) The administrator shall periodically file the information described in Subsection
2416     (8)(b) with the receiver, trustee, or liquidator of:
2417          (i) an employer that meets a condition listed in Subsection (1)(a)(i)(B);
2418          (ii) a public agency insurance mutual, as defined in Section 31A-1-103, that meets a
2419     condition listed in Subsection (1)(a)(i)(B); or
2420          (iii) an insolvent insurance carrier.
2421          (b) The information required to be filed under Subsection (8)(a) is:
2422          (i) a statement of the covered claims paid by the Uninsured Employers' Fund; and
2423          (ii) an estimate of anticipated claims against the Uninsured Employers' Fund.
2424          (c) A filing under this Subsection (8) preserves the rights of the Uninsured Employers'
2425     Fund for claims against the assets of the employer that meets a condition listed in Subsection
2426     (1)(a)(i)(B).
2427          (9) When an injury or death for which compensation is payable from the Uninsured
2428     Employers' Fund has been caused by the wrongful act or neglect of another person not in the
2429     same employment, the Uninsured Employers' Fund has the same rights as allowed under
2430     Section 34A-2-106.
2431          (10) The Uninsured Employers' Fund, subject to approval of the administrator, shall
2432     discharge its obligations by:
2433          (a) adjusting its own claims; or
2434          (b) contracting with an adjusting company, risk management company, insurance
2435     company, or other company that has expertise and capabilities in adjusting and paying workers'
2436     compensation claims.
2437          (11) (a) For the purpose of maintaining the Uninsured Employers' Fund, an
2438     administrative law judge, upon rendering a decision with respect to a claim for workers'
2439     compensation benefits in which an employer that meets a condition listed in Subsection
2440     (1)(a)(i)(B) is duly joined as a party, shall:
2441          (i) order the employer that meets a condition listed in Subsection (1)(a)(i)(B) to
2442     reimburse the Uninsured Employers' Fund for the benefits paid to or on behalf of an injured
2443     employee by the Uninsured Employers' Fund along with interest, costs, and attorney fees; and
2444          (ii) impose a penalty against the employer that meets a condition listed in Subsection
2445     (1)(a)(i)(B):

2446          (A) of 15% of the value of the total award in connection with the claim; and
2447          (B) that shall be deposited into the Uninsured Employers' Fund.
2448          (b) An award under this Subsection (11) shall be collected by the administrator in
2449     accordance with Subsection (5)(c).
2450          (12) The state, the commission, and the state treasurer, with respect to payment of
2451     compensation benefits, expenses, fees, or disbursement properly chargeable against the
2452     Uninsured Employers' Fund:
2453          (a) are liable only to the assets in the Uninsured Employers' Fund; and
2454          (b) are not otherwise in any way liable for the making of a payment.
2455          (13) The commission may make reasonable rules for the processing and payment of a
2456     claim for compensation from the Uninsured Employers' Fund.
2457          (14) (a) (i) If it becomes necessary for the Uninsured Employers' Fund to pay benefits
2458     under this section to an employee described in Subsection (14)(a)(ii), the Uninsured Employers'
2459     Fund may assess all other self-insured employers amounts necessary to pay:
2460          (A) the obligations of the Uninsured Employers' Fund subsequent to a condition listed
2461     in Subsection (1)(a)(i)(B) occurring;
2462          (B) the expenses of handling covered a claim subsequent to a condition listed in
2463     Subsection (1)(a)(i)(B) occurring;
2464          (C) the cost of an examination under Subsection (15); and
2465          (D) other expenses authorized by this section.
2466          (ii) This Subsection (14) applies to benefits paid to an employee of:
2467          (A) a self-insured employer, as defined in Section 34A-2-201.5, that meets a condition
2468     listed in Subsection (1)(a)(i)(B); or
2469          (B) if the self-insured employer that meets a condition described in Subsection
2470     (1)(a)(i)(B) is a public agency insurance mutual, a member of the public agency insurance
2471     mutual.
2472          (b) The assessments of a self-insured employer shall be in the proportion that the
2473     manual premium of the self-insured employer for the preceding calendar year bears to the
2474     manual premium of all self-insured employers for the preceding calendar year.
2475          (c) A self-insured employer shall be notified of the self-insured employer's assessment
2476     not later than 30 days before the day on which the assessment is due.

2477          (d) (i) A self-insured employer may not be assessed in any year an amount greater than
2478     2% of that self-insured employer's manual premium for the preceding calendar year.
2479          (ii) If the maximum assessment does not provide in a year an amount sufficient to
2480     make all necessary payments from the Uninsured Employers' Fund for one or more self-insured
2481     employers that meet a condition listed in Subsection (1)(a)(i)(B), the unpaid portion shall be
2482     paid as soon as money becomes available.
2483          (e) A self-insured employer is liable under this section for a period not to exceed three
2484     years after the day on which the Uninsured Employers' Fund first pays benefits to an employee
2485     described in Subsection (14)(a)(ii) for the self-insured employer that meets a condition listed in
2486     Subsection (1)(a)(i)(B).
2487          (f) This Subsection (14) does not apply to a claim made against a self-insured employer
2488     that meets a condition listed in Subsection (1)(a)(i)(B) if the condition listed in Subsection
2489     (1)(a)(i)(B) occurred before July 1, 1986.
2490          (15) (a) The following shall notify the division of any information indicating that any
2491     of the following may be insolvent or in a financial condition hazardous to its employees or the
2492     public:
2493          (i) a self-insured employer; or
2494          (ii) if the self-insured employer is a public agency insurance mutual, a member of the
2495     public agency insurance mutual.
2496          (b) Upon receipt of the notification described in Subsection (15)(a) and with good
2497     cause appearing, the division may order an examination of:
2498          (i) that self-insured employer; or
2499          (ii) if the self-insured employer is a public agency insurance mutual, a member of the
2500     public agency mutual.
2501          (c) The cost of the examination ordered under Subsection (15)(b) shall be assessed
2502     against all self-insured employers as provided in Subsection (14).
2503          (d) The results of the examination ordered under Subsection (15)(b) shall be kept
2504     confidential.
2505          (16) (a) In a claim against an employer by the Uninsured Employers' Fund, or by or on
2506     behalf of the employee to whom or to whose dependents compensation and other benefits are
2507     paid or payable from the Uninsured Employers' Fund, the burden of proof is on the employer or

2508     other party in interest objecting to the claim.
2509          (b) A claim described in Subsection (16)(a) is presumed to be valid up to the full
2510     amount of workers' compensation benefits claimed by the employee or the employee's
2511     dependents.
2512          (c) This Subsection (16) applies whether the claim is filed in court or in an adjudicative
2513     proceeding under the authority of the commission.
2514          (17) A partner in a partnership or an owner of a sole proprietorship may not recover
2515     compensation or other benefits from the Uninsured Employers' Fund if:
2516          (a) the person is not included as an employee under Subsection 34A-2-104(3); or
2517          (b) the person is included as an employee under Subsection 34A-2-104(3), but:
2518          (i) the person's employer fails to insure or otherwise provide adequate payment of
2519     direct compensation; and
2520          (ii) the failure described in Subsection (17)(b)(i) is attributable to an act or omission
2521     over which the person had or shared control or responsibility.
2522          (18) A director or officer of a corporation may not recover compensation or other
2523     benefits from the Uninsured Employers' Fund if the director or officer is excluded from
2524     coverage under Subsection 34A-2-104(4).
2525          (19) The Uninsured Employers' Fund:
2526          (a) shall be:
2527          (i) used in accordance with this section only for:
2528          (A) the purpose of assisting in the payment of workers' compensation benefits in
2529     accordance with Subsection (1); and
2530          (B) in accordance with Subsection (3), payment of:
2531          (I) reasonable costs of administering the Uninsured Employers' Fund; or
2532          (II) fees required to be paid by the Uninsured Employers' Fund; and
2533          (ii) expended according to processes that can be verified by audit; and
2534          (b) may not be used for:
2535          (i) administrative costs unrelated to the Uninsured Employers' Fund; or
2536          (ii) an activity of the commission other than an activity described in Subsection (19)(a).
2537          (20) (a) For purposes of Subsection (1), an employment relationship is localized in the
2538     state if:

2539          (i) (A) the employer who is liable for the benefits has a business premise in the state;
2540     and
2541          (B) (I) the contract for hire is entered into in the state; or
2542          (II) the employee regularly performs work duties in the state for the employer who is
2543     liable for the benefits; or
2544          (ii) the employee is:
2545          (A) a resident of the state; and
2546          (B) regularly performs work duties in the state for the employer who is liable for the
2547     benefits.
2548          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2549     commission shall by rule define what constitutes regularly performing work duties in the state.
2550          Section 38. Section 34A-3-108 is amended to read:
2551          34A-3-108. Reporting of occupational diseases -- Regulation of health care
2552     providers.
2553          (1) An employee sustaining an occupational disease, as defined in this chapter, arising
2554     out of and in the course of employment shall provide notification to the employee's employer
2555     promptly of the occupational disease. If the employee is unable to provide notification, the
2556     employee's next of kin or attorney may provide notification of the occupational disease to the
2557     employee's employer.
2558          (2) (a) An employee who fails to notify the employee's employer or the division within
2559     180 days after the cause of action arises is barred from a claim of benefits arising from the
2560     occupational disease.
2561          (b) The cause of action is considered to arise on the date the employee first:
2562          (i) suffers disability from the occupational disease; and
2563          (ii) knows, or in the exercise of reasonable diligence should have known, that the
2564     occupational disease is caused by employment.
2565          (3) The following constitute notification of an occupational disease:
2566          (a) an employer's report filed with the:
2567          (i) division; or
2568          (ii) workers' compensation insurance carrier;
2569          (b) a physician's injury report filed with the:

2570          (i) division;
2571          (ii) employer; or
2572          (iii) workers' compensation insurance carrier;
2573          (c) a workers' compensation insurance carrier's report to the division; or
2574          (d) the payment of any medical or disability benefit by the employer or the employer's
2575     workers' compensation insurance carrier.
2576          (4) (a) An employer and the employer's workers' compensation insurance carrier, if
2577     any, shall file a report in accordance with the rules described in Subsection (4)(b) of any
2578     occupational disease resulting in:
2579          (i) medical treatment;
2580          (ii) loss of consciousness;
2581          (iii) loss of work;
2582          (iv) restriction of work; or
2583          (v) transfer to another job.
2584          (b) An employer or the employer's workers' compensation insurance carrier, if any,
2585     shall file a report required under Subsection (4)(a) and any subsequent reports of a previously
2586     reported occupational disease as may be required by the commission within the time limits and
2587     in the manner established by rule by the commission made in accordance with Title 63G,
2588     Chapter 3, Utah Administrative Rulemaking Act, under Subsection 34A-2-407(5).
2589          (c) A report is not required:
2590          (i) for a minor injury that requires first aid treatment only, unless a treating physician
2591     files, or is required to file, the Physician's Initial Report of Work Injury or Occupational
2592     Disease with the division;
2593          (ii) for occupational diseases that manifest after the employee is no longer employed by
2594     the employer with which the exposure occurred; or
2595          (iii) when the employer is not aware of an exposure occasioned by the employment that
2596     results in an occupational disease as defined by Section 34A-3-103.
2597          (5) An employer or its workers' compensation insurance carrier, if any, shall provide
2598     the employee with:
2599          (a) a copy of the report submitted to the division; and
2600          (b) a statement, as prepared by the division, of the employee's rights and

2601     responsibilities related to the occupational disease.
2602          (6) An employer shall maintain a record in a manner prescribed by the division of
2603     occupational diseases resulting in:
2604          (a) medical treatment;
2605          (b) loss of consciousness;
2606          (c) loss of work;
2607          (d) restriction of work; or
2608          (e) transfer to another job.
2609          (7) An employer or a workers' compensation insurance carrier who refuses or neglects
2610     to make a report, maintain a record, or file a report with the division as required by this section
2611     is subject to citation and civil assessment in accordance with Subsection 34A-2-407(8).
2612          (8) (a) Except as provided in Subsection (8)(c), a physician, surgeon, or other health
2613     care provider attending an occupationally diseased employee shall:
2614          (i) comply with the rules, including the schedule of fees, for services as adopted by the
2615     commission;
2616          (ii) make reports to the division at any and all times as required as to the condition and
2617     treatment of an occupationally diseased employee or as to any other matter concerning
2618     industrial cases being treated; and
2619          (iii) comply with rules made under Section 34A-2-407.5.
2620          (b) A physician, as defined in Section 34A-2-111, who is associated with, employed
2621     by, or bills through a hospital is subject to Subsection (8)(a).
2622          (c) A hospital is not subject to the requirements of Subsection (8)(a) except a hospital
2623     is subject to rules made by the commission under Subsections 34A-2-407(9)(a)(ii) and (iii) and
2624     Section 34A-2-407.5.
2625          (d) The commission's schedule of fees may reasonably differentiate remuneration to be
2626     paid to providers of health services based on:
2627          (i) the severity of the employee's condition;
2628          (ii) the nature of the treatment necessary; and
2629          (iii) the facilities or equipment specially required to deliver that treatment.
2630          (e) This Subsection (8) does not prohibit a contract with a provider of health services
2631     relating to the pricing of goods and services.

2632          (9) A copy of the physician's initial report shall be furnished to the:
2633          (a) division;
2634          (b) employee; and
2635          (c) employer or its workers' compensation insurance carrier.
2636          (10) A person subject to reporting under Subsection (8)(a)(ii) or Subsection
2637     34A-2-407(9)(a)(iii) who refuses or neglects to make a report or comply with this section is
2638     subject to a civil assessment in accordance with Subsection 34A-2-407(8).
2639          (11) (a) As used in this Subsection (11):
2640          (i) "Balance billing" means charging a person, on whose behalf a workers'
2641     compensation insurance carrier or self-insured employer is obligated to pay medical benefits
2642     under this chapter or Chapter 2, Workers' Compensation Act, for the difference between what
2643     the workers' compensation insurance carrier or self-insured employer reimburses the hospital
2644     for covered medical services and what the hospital charges for those covered medical services.
2645          (ii) "Covered medical services" means medical services provided by a hospital that are
2646     covered by workers' compensation medical benefits under this chapter or Chapter 2, Workers'
2647     Compensation Act.
2648          (iii) "Health benefit plan" means the same as that term is defined in Section
2649     31A-22-619.6.
2650          (iv) "Self-insured employer" means the same as that term is defined in Section
2651     34A-2-201.5.
2652          (b) Subject to Subsection (11)(d), a workers' compensation insurance carrier or
2653     self-insured employer may contract, either in writing or by mutual oral agreement, with a
2654     hospital to establish reimbursement rates.
2655          (c) Subject to Subsection (11)(d), for the time period beginning on May 10, 2016, and
2656     ending on July 1, 2018, a workers' compensation insurance carrier or self-insured employer that
2657     is reimbursing a hospital that has not entered into a contract described in Subsection (11)(b),
2658     shall reimburse the hospital for covered medical services at 85% of the billed hospital fees for
2659     the covered medical services.
2660          (d) A hospital may not engage in balance billing.
2661          (e) Covered services paid under a health benefit plan are subject to coordination of
2662     benefits in accordance with [Sections] Section 31A-22-619.6 [and 34A-2-213].

2663          (12) (a) An application for a hearing to resolve a dispute regarding an occupational
2664     disease claim shall be filed with the Division of Adjudication.
2665          (b) After the filing, a copy shall be forwarded by mail to:
2666          (i) (A) the employer; or
2667          (B) the employer's workers' compensation insurance carrier;
2668          (ii) the applicant; and
2669          (iii) the attorneys for the parties.
2670          (13) (a) Subject to appellate review under Section 34A-1-303, the commission has
2671     exclusive jurisdiction to hear and determine:
2672          (i) whether goods provided to or services rendered to an employee is compensable
2673     pursuant to this chapter and Chapter 2, Workers' Compensation Act, including the following:
2674          (A) medical, nurse, or hospital services;
2675          (B) medicines; and
2676          (C) artificial means, appliances, or prosthesis;
2677          (ii) except for amounts charged or paid under Subsection (11), the reasonableness of
2678     the amounts charged or paid for a good or service described in Subsection (13)(a)(i); and
2679          (iii) collection issues related to a good or service described in Subsection (13)(a)(i).
2680          (b) Except as provided in Subsection (13)(a), Subsection 34A-2-211(6), or Section
2681     34A-2-212, a person may not maintain a cause of action in any forum within this state other
2682     than the commission for collection or payment of goods or services described in Subsection
2683     (13)(a) that are compensable under this chapter or Chapter 2, Workers' Compensation Act.
2684          Section 39. Section 35A-8-608 is amended to read:
2685          35A-8-608. Grant eligible entity application process for Homeless Shelter Cities
2686     Mitigation Restricted Account funds.
2687          (1) As used in this section:
2688          (a) "Account" means the restricted account created in Section 35A-8-606.
2689          (b) "Committee" means the Homeless Coordinating Committee created in this part.
2690          (c) "Grant" means an award of funds from the account.
2691          (d) "Grant eligible entity" means:
2692          (i) the Department of Public Safety; or
2693          (ii) a city, town, or metro township that:

2694          (A) has a homeless shelter within the city's, town's, or metro township's geographic
2695     boundaries;
2696          (B) has increased community, social service, [and] or public safety service needs due to
2697     the location of a homeless shelter within the city's, town's, or metro township's geographic
2698     boundaries; and
2699          (C) is certified as a grant eligible entity in accordance with Section 35A-8-609.
2700          (e) "Homeless shelter" means a facility that:
2701          (i) provides temporary shelter to homeless individuals;
2702          (ii) has the capacity to provide temporary shelter to at least 60 individuals per night;
2703     and
2704          (iii) operates year-round and is not subject to restrictions that limit the hours, days,
2705     weeks, or months of operation.
2706          (f) "Public safety services" means law enforcement, emergency medical services, and
2707     fire protection.
2708          (2) Subject to the availability of funds, a grant eligible entity may request a grant to
2709     mitigate the impacts of the location of a homeless shelter:
2710          (a) through employment of additional personnel to provide public safety services in
2711     and around a homeless shelter; or
2712          (b) for a grant eligible entity that is a city, town, or metro township, through:
2713          (i) development of a community and neighborhood program within the city's, town's, or
2714     metro township's boundaries; or
2715          (ii) provision of social services within the city's, town's, or metro township's
2716     boundaries.
2717          (3) (a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
2718     department shall make rules governing:
2719          (i) the process for determining whether there is sufficient revenue to the account to
2720     offer a grant program for the next fiscal year; and
2721          (ii) the process for notifying grant eligible entities about the availability of grants for
2722     the next fiscal year.
2723          (b) (i) If the committee offers a grant program for the next fiscal year, the committee
2724     shall set aside time on the agenda of a committee meeting that occurs on or after July 1 and on

2725     or before November 30 to allow a grant eligible entity to present a request for account funds for
2726     the next fiscal year.
2727          (ii) A grant eligible entity may present a request for account funds by:
2728          (A) sending an electronic copy of the request to the committee before the meeting; and
2729          (B) appearing at the meeting to present the request.
2730          (c) The request described in Subsection (3)(b) shall contain:
2731          (i) for a grant request to develop a community and neighborhood program:
2732          (A) a proposal outlining the components of a community and neighborhood program;
2733          (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
2734          (C) the amount requested;
2735          (ii) for a grant request to provide social services:
2736          (A) a proposal outlining the need for additional social services;
2737          (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
2738          (C) the amount requested;
2739          (iii) for a grant request to employ additional personnel to provide public safety
2740     services:
2741          (A) data relating to the grant eligible entity's public safety services for the current fiscal
2742     year, including crime statistics and calls for public safety services;
2743          (B) data showing an increase in the grant eligible entity's need for public safety
2744     services in the next fiscal year;
2745          (C) a summary of the grant eligible entity's proposed use of any grant awarded; and
2746          (D) the amount requested; [and] or
2747          (iv) for a grant request to provide some combination of the activities described in
2748     Subsections (3)(c)(i) through (iii), the information required by this Subsection (3) for each
2749     activity for which the grant eligible entity requests a grant.
2750          (d) (i) On or before November 30, a grant eligible entity that received a grant during
2751     the previous fiscal year shall file electronically with the committee a report that includes:
2752          (A) a summary of the amount of the grant that the grant eligible entity received and the
2753     grant eligible entity's specific use of those funds;
2754          (B) an evaluation of the grant eligible entity's effectiveness in using the grant to
2755     address the grant eligible entity's increased needs due to the location of a homeless shelter; and

2756          (C) any proposals for improving the grant eligible entity's effectiveness in using a grant
2757     that the grant eligible entity may receive in future fiscal years.
2758          (ii) The committee may request additional information as needed to make the
2759     evaluation described in Subsection (3)(e).
2760          (e) The committee shall evaluate a grant request made in accordance with this
2761     Subsection (3) using the following factors:
2762          (i) the strength of the proposal that the grant eligible entity provides to support the
2763     request;
2764          (ii) if the grant eligible entity received a grant during the previous fiscal year, the
2765     efficiency with which the grant eligible entity used the grant during the previous fiscal year;
2766          (iii) the availability of alternative funding for the grant eligible entity to address the
2767     grant eligible entity's needs due to the location of a homeless shelter; and
2768          (iv) any other considerations identified by the committee.
2769          (f) (i) After making the evaluation described in Subsection (3)(e) for each grant eligible
2770     entity that makes a grant request and subject to other provisions of this Subsection (3)(f), the
2771     committee shall vote to:
2772          (A) prioritize the grant requests; and
2773          (B) recommend a grant amount for each grant eligible entity.
2774          (ii) The committee shall support the prioritization and recommendation described in
2775     Subsection (3)(f)(i) with findings on each of the factors described in Subsection (3)(e).
2776          (g) The committee shall submit a list that prioritizes the grant requests and
2777     recommends a grant amount for each grant eligible entity that requested a grant to:
2778          (i) the governor for inclusion in the governor's budget to be submitted to the
2779     Legislature; and
2780          (ii) the Social Services Appropriations Subcommitee of the Legislature for approval in
2781     accordance with Section 63J-1-802.
2782          (4) (a) Subject to Subsection (4)(b), the department shall disburse the revenue in the
2783     account as a grant to a grant eligible entity:
2784          (i) after making the disbursements required by Section 35A-8-607; and
2785          (ii) subject to the availability of funds in the account:
2786          (A) in the order of priority that the Legislature gives to each eligible grant entity under

2787     Section 63J-1-802; and
2788          (B) in the amount that the Legislature approves to a grant eligible entity under Section
2789     63J-1-802.
2790          (b) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
2791     department shall make rules governing the process for the department to determine the timeline
2792     within the fiscal year for funding the grants.
2793          (5) On or before October 1, the department, in cooperation with the committee, shall:
2794          (a) submit an annual written report electronically to the Social Services Appropriations
2795     Subcommittee of the Legislature that gives a complete accounting of the department's
2796     disbursement of the money from the account under this section for the previous fiscal year; and
2797          (b) include information regarding the disbursement of money from the account under
2798     this section in the annual report described in Section 35A-1-109.
2799          Section 40. Section 35A-8-609 is amended to read:
2800          35A-8-609. Certification of eligible municipality or grant eligible entity.
2801          (1) The department shall certify each year, on or after July 1 and before the first
2802     meeting of the [committee] Homeless Coordinating Committee after July 1, the cities or towns
2803     that meet the requirements of an eligible municipality or a grant eligible entity as of July 1.
2804          (2) On or before October 1, the department shall provide a list of the cities, [or] towns,
2805     or metro townships that the department has certified as meeting the requirements of an eligible
2806     municipality or a grant eligible entity for the year to the State Tax Commission.
2807          Section 41. Section 35A-8-1601 is amended to read:
2808          35A-8-1601. Definitions.
2809          As used in this [chapter] part:
2810          (1) "Board" means the Uintah Basin Revitalization Fund Board.
2811          (2) "Capital projects" means expenditures for land, improvements on the land, and
2812     equipment intended to have long-term beneficial use.
2813          (3) "County" means:
2814          (a) Duchesne County; or
2815          (b) Uintah County.
2816          (4) "Division" means the Housing and Community Development Division.
2817          (5) "Revitalization Fund" means the Uintah Basin Revitalization Fund.

2818          (6) "Tribe" means the Ute Indian Tribe of the Uintah and Ouray Reservation.
2819          Section 42. Section 35A-8-1604 is amended to read:
2820          35A-8-1604. Duties -- Loans -- Interest.
2821          (1) The board shall:
2822          (a) subject to the other provisions of this [chapter] part and an agreement entered into
2823     under Title 11, Chapter 13, Interlocal Cooperation Act, among the state, the counties, and the
2824     Tribe, make recommendations to the division for grants and loans from the revitalization fund
2825     to county agencies and the Tribe that are or may be socially or economically impacted, directly
2826     or indirectly, by mineral resource development;
2827          (b) establish procedures for application for and award of grants and loans including:
2828          (i) eligibility criteria;
2829          (ii) subject to Subsection 35A-8-1606(2)(b), a preference that capital projects,
2830     including subsidized and low-income housing, and other one-time need projects and programs
2831     have priority over other projects;
2832          (iii) a preference for projects and programs that are associated with the geographic area
2833     where the oil and gas were produced; and
2834          (iv) coordination of projects and programs with other projects and programs funded by
2835     federal, state, and local governmental entities;
2836          (c) determine the order in which projects will be funded;
2837          (d) allocate the amount to be distributed from the revitalization fund for grants or loans
2838     to each county and the Tribe during a fiscal year as follows:
2839          (i) up to and including the first $3,000,000 that is approved for distribution by the
2840     board during a fiscal year, the board may allocate the amount in accordance with the interlocal
2841     agreement described by Subsection (1)(a), except that the board may not allocate less than 75%
2842     of the amount under the interlocal agreement to the Tribe unless the interlocal agreement is
2843     further modified by statute; and
2844          (ii) beginning with fiscal year 2007-08, any amount approved for distribution by the
2845     board during that fiscal year in excess of $3,000,000 shall be allocated equally amongst each
2846     county and the Tribe so that each receives 1/3 of the amount approved for distribution by the
2847     board in excess of $3,000,000;
2848          (e) qualify for, accept, and administer grants, gifts, loans, or other funds from the

2849     federal government and from other sources, public or private; and
2850          (f) perform other duties assigned to it under the interlocal agreement described in
2851     Subsection (1)(a) that are not prohibited by law or otherwise modified by this [chapter] part.
2852          (2) The board shall ensure that loan repayments and interest are deposited into the
2853     revitalization fund.
2854          (3) The interlocal agreement described in Subsection (1)(a) shall be consistent with the
2855     following statutes, including any subsequent amendments to those statutes:
2856          (a) this [chapter] part;
2857          (b) Title 11, Chapter 13, Interlocal Cooperation Act;
2858          (c) Section 59-5-116; and
2859          (d) any other applicable provision of this Utah Code.
2860          Section 43. Section 35A-8-1701 is amended to read:
2861          35A-8-1701. Title.
2862          This [chapter] part is known as the "Navajo Revitalization Fund Act."
2863          Section 44. Section 35A-8-1702 is amended to read:
2864          35A-8-1702. Definitions.
2865          As used in this [chapter] part:
2866          (1) "Board" means the Navajo Revitalization Fund Board.
2867          (2) "Capital project" means an expenditure for land, improvements on the land, or
2868     equipment intended to have long-term beneficial use.
2869          (3) "Division" means the Housing and Community Development Division.
2870          (4) "Eligible entity" means:
2871          (a) the Navajo Nation;
2872          (b) a department or division of the Navajo Nation;
2873          (c) a Utah Navajo Chapter;
2874          (d) the Navajo Utah Commission;
2875          (e) an agency of the state or a political subdivision of the state; or
2876          (f) a nonprofit corporation.
2877          (5) "Navajo Utah Commission" means the commission created by Resolution
2878     IGRJN-134-92 of the Intergovernmental Relations Committee of the Navajo Nation Council.
2879          (6) "Revitalization fund" means the Navajo Revitalization Fund.

2880          (7) "Utah Navajo Chapter" means any of the following chapters of the Navajo Nation:
2881          (a) Aneth Chapter;
2882          (b) Dennehotso Chapter;
2883          (c) Mexican Water Chapter;
2884          (d) Navajo Mountain Chapter;
2885          (e) Oljato Chapter;
2886          (f) Red Mesa Chapter; and
2887          (g) Teec Nos Pos Chapter.
2888          Section 45. Section 35A-8-1703 is amended to read:
2889          35A-8-1703. Legislative intent.
2890          (1) The purpose of this [chapter] part is to:
2891          (a) maximize the long-term benefit of state severance taxes derived from lands in Utah
2892     held in trust by the United States for the Navajo Nation and its members by fostering funding
2893     mechanisms that will, consistent with sound financial practices, result in the greatest use of
2894     financial resources for the greatest number of citizens of San Juan County; and
2895          (b) promote cooperation and coordination between the state, its political subdivisions,
2896     Indian tribes, and individuals, firms, and business organizations engaged in the development of
2897     oil and gas interests in Utah held in trust by the United States for the Navajo Nation and its
2898     members.
2899          (2) Notwithstanding Subsection (1), the fund:
2900          (a) consists of state severance tax money to be spent at the discretion of the state; and
2901          (b) does not constitute a trust fund.
2902          Section 46. Section 35A-8-1704 is amended to read:
2903          35A-8-1704. Navajo Revitalization Fund.
2904          (1) (a) There is created an expendable special revenue fund called the "Navajo
2905     Revitalization Fund."
2906          (b) The revitalization fund shall consist of:
2907          (i) money deposited to the revitalization fund under this [chapter] part;
2908          (ii) money deposited to the revitalization fund under Section 59-5-119; and
2909          (iii) any loan repayment or interest on a loan issued under this [chapter] part.
2910          (2) (a) The revitalization fund shall earn interest.

2911          (b) The interest earned on revitalization fund money shall be deposited into the fund.
2912          (3) Beginning for fiscal year 2010-11, the division may use revitalization fund money
2913     for the administration of the revitalization fund, but this amount may not exceed 4% of the
2914     annual receipts to the revitalization fund.
2915          Section 47. Section 35A-8-1707 is amended to read:
2916          35A-8-1707. Revitalization fund administered by board -- Eligibility for
2917     assistance -- Review by board -- Restrictions on loans and grants -- Division to distribute
2918     money.
2919          (1) (a) If an eligible entity wishes to receive a loan or grant from the board, the eligible
2920     entity shall file an application with the board that contains the information required by the
2921     board.
2922          (b) The board shall review an application for a loan or grant filed under Subsection
2923     (1)(a) before approving the loan or grant.
2924          (c) The board may approve a loan or grant application subject to the applicant's
2925     compliance with the one or more conditions established by the board.
2926          (2) In determining whether an eligible entity may receive a loan or grant, the board
2927     shall give priority to:
2928          (a) a capital project or infrastructure, including:
2929          (i) electrical power;
2930          (ii) water; and
2931          (iii) a one time need project;
2932          (b) a housing project that consists of:
2933          (i) the purchase of new housing;
2934          (ii) the construction of new housing; or
2935          (iii) a significant remodeling of existing housing; or
2936          (c) a matching educational endowment that:
2937          (i) promotes economic development within the Utah portion of the Navajo
2938     Reservation;
2939          (ii) promotes the preservation of Navajo culture, history, and language; or
2940          (iii) supports a postsecondary educational opportunity for a Navajo student enrolled in
2941     a course or program taught within the Utah portion of the Navajo Reservation.

2942          (3) A loan or grant issued under this [chapter] part may not fund:
2943          (a) a start-up or operational cost of a private business venture;
2944          (b) a general operating budget of an eligible entity; or
2945          (c) a project that will operate or be located outside of the Navajo Reservation in San
2946     Juan County, Utah, except for an educational endowment approved by the board under
2947     Subsection (2)(c).
2948          (4) (a) The board may not approve a loan unless the loan:
2949          (i) specifies the terms for repayment; and
2950          (ii) is secured by proceeds from a general obligation, special assessment, or revenue
2951     bond, note, or other obligation.
2952          (b) The division shall deposit a loan repayment or interest on a loan issued under this
2953     [chapter] part into the revitalization fund.
2954          (5) The board shall give a priority to a loan or grant if the loan or grant includes
2955     matching money or in-kind services from:
2956          (a) the Navajo Nation;
2957          (b) San Juan County;
2958          (c) the state;
2959          (d) the federal government;
2960          (e) a Utah Navajo Chapter; or
2961          (f) other private or public organization.
2962          (6) The division shall distribute loan and grant money:
2963          (a) if the loan or grant is approved by the board;
2964          (b) in accordance with the instructions of the board, except that the board may not
2965     instruct that money be distributed in a manner:
2966          (i) inconsistent with this [chapter] part; or
2967          (ii) in violation of a rule or procedure of the department; and
2968          (c) in the case of a loan, in accordance with Section 63A-3-205.
2969          Section 48. Section 41-3-110 is amended to read:
2970          41-3-110. Motor Vehicle Enforcement Division Temporary Permit Restricted
2971     Account.
2972          (1) As used in this section, "account" means the Motor Vehicle Enforcement Division

2973     Temporary Permit Restricted Account created by this section.
2974          (2) There is created within the General Fund a restricted account known as the Motor
2975     Vehicle Enforcement Division Temporary Permit Restricted Account.
2976          (3) (a) The account shall be funded from the fees deposited into the account in
2977     accordance with Section 41-3-601.
2978          (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
2979     deposit them into the account.
2980          (4) The Legislature may appropriate the funds in the account to the commission to
2981     cover the costs of the division.
2982          (5) In accordance with Section [63J-1-602.2] 63J-1-602.1, appropriations made to the
2983     commission from the account are nonlapsing.
2984          Section 49. Section 41-6a-505 is amended to read:
2985          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
2986     drugs, or a combination of both violations.
2987          (1) As part of any sentence for a first conviction of Section 41-6a-502:
2988          (a) the court shall:
2989          (i) (A) impose a jail sentence of not less than 48 consecutive hours; or
2990          (B) require the individual to work in a compensatory-service work program for not less
2991     than 48 hours;
2992          (ii) order the individual to participate in a screening;
2993          (iii) order the individual to participate in an assessment, if it is found appropriate by a
2994     screening under Subsection (1)(a)(ii);
2995          (iv) order the individual to participate in an educational series if the court does not
2996     order substance abuse treatment as described under Subsection (1)(b);
2997          (v) impose a fine of not less than $700;
2998          (vi) order probation for the individual in accordance with Section 41-6a-507, if there is
2999     admissible evidence that the individual had a blood alcohol level of .16 or higher;
3000          (vii) (A) order the individual to pay the administrative impound fee described in
3001     Section 41-6a-1406; or
3002          (B) if the administrative impound fee was paid by a party described in Subsection
3003     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to

3004     reimburse the party; or
3005          (viii) (A) order the individual to pay the towing and storage fees described in Section
3006     72-9-603; or
3007          (B) if the towing and storage fees were paid by a party described in Subsection
3008     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3009     reimburse the party; and
3010          (b) the court may:
3011          (i) order the individual to obtain substance abuse treatment if the substance abuse
3012     treatment program determines that substance abuse treatment is appropriate;
3013          (ii) order probation for the individual in accordance with Section 41-6a-507;
3014          (iii) order the individual to participate in a 24-7 sobriety program as defined in Section
3015     41-6a-515.5 if the individual is 21 years of age or older; or
3016          (iv) order a combination of Subsections (1)(b)(i) through (iii).
3017          (2) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
3018     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
3019     offense upon which the current conviction is based:
3020          (a) the court shall:
3021          (i) (A) impose a jail sentence of not less than 240 hours; or
3022          (B) impose a jail sentence of not less than 120 hours in addition to home confinement
3023     of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
3024     a substance abuse testing instrument in accordance with Section 41-6a-506;
3025          (ii) order the individual to participate in a screening;
3026          (iii) order the individual to participate in an assessment, if it is found appropriate by a
3027     screening under Subsection (2)(a)(ii);
3028          (iv) order the individual to participate in an educational series if the court does not
3029     order substance abuse treatment as described under Subsection (2)(b);
3030          (v) impose a fine of not less than $800;
3031          (vi) order probation for the individual in accordance with Section 41-6a-507;
3032          (vii) (A) order the individual to pay the administrative impound fee described in
3033     Section 41-6a-1406; or
3034          (B) if the administrative impound fee was paid by a party described in Subsection

3035     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3036     reimburse the party; or
3037          (viii) (A) order the individual to pay the towing and storage fees described in Section
3038     72-9-603; or
3039          (B) if the towing and storage fees were paid by a party described in Subsection
3040     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3041     reimburse the party; and
3042          (b) the court may:
3043          (i) order the individual to obtain substance abuse treatment if the substance abuse
3044     treatment program determines that substance abuse treatment is appropriate;
3045          (ii) order the individual to participate in a 24-7 sobriety program as defined in Section
3046     41-6a-515.5 if the individual is 21 years of age or older; or
3047          (iii) order a combination of Subsections (2)(b)(i) and (ii).
3048          (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
3049     sentence and places the defendant on probation, the court shall impose:
3050          (a) a fine of not less than $1,500;
3051          (b) a jail sentence of not less than 1,500 hours; and
3052          (c) supervised probation.
3053          (4) For Subsection (3)[(a)] or Subsection 41-6a-503(2)(b), the court:
3054          (a) shall impose an order requiring the individual to obtain a screening and assessment
3055     for alcohol and substance abuse, and treatment as appropriate; and
3056          (b) may impose an order requiring the individual to participate in a 24-7 sobriety
3057     program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older.
3058          (5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.
3059          (6) If an individual is convicted of a violation of Section 41-6a-502 and there is
3060     admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
3061     shall order the following, or describe on record why the order or orders are not appropriate:
3062          (a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
3063          (b) one or more of the following:
3064          (i) the installation of an ignition interlock system as a condition of probation for the
3065     individual in accordance with Section 41-6a-518;

3066          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
3067     device as a condition of probation for the individual; or
3068          (iii) the imposition of home confinement through the use of electronic monitoring in
3069     accordance with Section 41-6a-506.
3070          Section 50. Section 46-5-108 is amended to read:
3071          46-5-108. Public access to legal material in official electronic record.
3072          An official publisher of legal material in an electronic record that is required to be
3073     preserved under Section [48-5-107] 46-5-107 shall ensure that the material is reasonably
3074     available for use by the public on a permanent basis.
3075          Section 51. Section 48-4-102 is amended to read:
3076          48-4-102. Application and effect of chapter.
3077          (1) This chapter applies to a benefit company organized under this chapter.
3078          (2) (a) The existence of a provision in this chapter does not itself create an implication
3079     that a contrary or different rule of law is applicable to a limited liability company that is not a
3080     benefit company.
3081          (b) This chapter does not affect a statute or rule of law that is applicable to a limited
3082     liability company that is not a benefit [limited liability] company.
3083          (3) (a) Except as otherwise provided in this chapter, Title 48, Chapter 3a, Utah Revised
3084     Uniform Limited Liability Company Act, applies to a benefit company.
3085          (b) The provisions of this chapter control over any inconsistent provision of Title 48,
3086     Chapter 3a, Utah Revised Uniform Limited Liability Company Act.
3087          (4) The operating agreement of a benefit company may not limit, be inconsistent with,
3088     or supersede a provision of this chapter.
3089          Section 52. Section 48-4-301 is amended to read:
3090          48-4-301. Standard of conduct for members.
3091          (1) When discharging a duty under this chapter, each member of a member-managed
3092     benefit company:
3093          (a) shall consider the effect of any action or inaction on:
3094          (i) the members of the benefit company;
3095          (ii) the employees and workforce of the benefit company;
3096          (iii) the interests of customers as beneficiaries of the benefit company's general public

3097     benefit purpose or specific public benefit purpose [of the benefit company];
3098          (iv) community and societal considerations, including those of each community in
3099     which offices or facilities of the benefit company or the benefit company's subsidiaries or
3100     suppliers are located;
3101          (v) the local and global environment;
3102          (vi) the short-term and long-term interests of the benefit company, including benefits
3103     that may accrue to the benefit company from the benefit company's long-term plans and the
3104     possibility that the interests may be best served by the continued independence of the benefit
3105     company; and
3106          (vii) the ability of the benefit company to accomplish the benefit company's general
3107     public benefit purpose and any specific public benefit purpose; and
3108          (b) may consider other pertinent factors or the interests of any other group that the
3109     member considers appropriate.
3110          (2) A member is not required to prioritize the interests of a person or factor described
3111     in Subsection (1)(a) or (b) over the interests of any other person or factor, unless the benefit
3112     company's certificate of organization states an intention to give priority to certain interests
3113     related to the benefit company's accomplishment of the benefit company's general public
3114     benefit purpose or a specific public benefit purpose identified in the benefit company's
3115     certificate of organization.
3116          (3) A member's consideration of interests and factors in accordance with Subsections
3117     (1) and (2) does not constitute a violation of Section 48-3a-409.
3118          (4) A member of a member-managed limited liability company that is a benefit
3119     company does not have a duty to a person who is a beneficiary of the benefit company's general
3120     public benefit purpose or a specific public benefit purpose arising from the person's status as a
3121     beneficiary.
3122          Section 53. Section 51-9-203 is amended to read:
3123          51-9-203. Requirements for tobacco programs.
3124          (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
3125     cessation, or control program, an organization, whether private, governmental, or
3126     quasi-governmental, shall:
3127          (a) submit a request to the Department of Health containing the following information:

3128          (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
3129     sound management and periodic evaluation of the campaign's relevance to the intended
3130     audience, particularly in campaigns directed toward youth, including audience awareness of the
3131     campaign and recollection of the main message;
3132          (ii) for school-based education programs to prevent and reduce youth smoking, the
3133     request shall describe how the program will be effective in preventing and reducing youth
3134     smoking;
3135          (iii) for community-based programs to prevent and reduce smoking, the request shall
3136     demonstrate that the proposed program:
3137          (A) has a comprehensive strategy with a clear mission and goals;
3138          (B) provides for committed, caring, and professional leadership; and
3139          (C) if directed toward youth:
3140          (I) offers youth-centered activities in youth accessible facilities;
3141          (II) is culturally sensitive, inclusive, and diverse;
3142          (III) involves youth in the planning, delivery, and evaluation of services that affect
3143     them; and
3144          (IV) offers a positive focus that is inclusive of all youth; and
3145          (iv) for enforcement, control, and compliance program, the request shall demonstrate
3146     that the proposed program can reasonably be expected to reduce the extent to which tobacco
3147     products are available to individuals under the age of 19;
3148          (b) agree, by contract, to file an annual written report with the Department of Health.
3149     The report shall contain the following:
3150          (i) the amount funded;
3151          (ii) the amount expended;
3152          (iii) a description of the program or campaign and the number of adults and youth who
3153     participated;
3154          (iv) specific elements of the program or campaign meeting the applicable criteria set
3155     forth in Subsection (1)(a); and
3156          (v) a statement concerning the success and effectiveness of the program or campaign;
3157          (c) agree, by contract, to not use any funds received under this part directly or
3158     indirectly, to:

3159          (i) engage in any lobbying or political activity, including the support of, or opposition
3160     to, candidates, ballot questions, referenda, or similar activities; or
3161          (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
3162     enforce:
3163          (A) the provisions of the Master Settlement Agreement;
3164          (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
3165          (C) [Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons] Title
3166     26, Chapter 62, Part 3, Enforcement; and
3167          (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
3168          (d) agree, by contract, to repay the funds provided under this part if the organization:
3169          (i) fails to file a timely report as required by Subsection (1)(b); or
3170          (ii) uses any portion of the funds in violation of Subsection (1)(c).
3171          (2) The Department of Health shall review and evaluate the success and effectiveness
3172     of any program or campaign that receives funding pursuant to a request submitted under
3173     Subsection (1). The review and evaluation:
3174          (a) shall include a comparison of annual smoking trends;
3175          (b) may be conducted by an independent evaluator; and
3176          (c) may be paid for by funds appropriated from the account for that purpose.
3177          (3) The Department of Health shall annually report to the Social Services
3178     Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
3179          (4) An organization that fails to comply with the contract requirements set forth in
3180     Subsection (1) shall:
3181          (a) repay the state as provided in Subsection (1)(d); and
3182          (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
3183          (5) The attorney general shall be responsible for recovering funds that are required to
3184     be repaid to the state under this section.
3185          (6) Nothing in this section may be construed as applying to funds that are not
3186     appropriated under this part.
3187          Section 54. Section 51-9-408 is amended to read:
3188          51-9-408. Children's Legal Defense Account.
3189          (1) There is created a restricted account within the General Fund known as the

3190     Children's Legal Defense Account.
3191          (2) The purpose of the Children's Legal Defense Account is to provide for programs
3192     that protect and defend the rights, safety, and quality of life of children.
3193          (3) The Legislature shall appropriate money from the account for the administrative
3194     and related costs of the following programs:
3195          (a) implementing the Mandatory Educational Course on Children's Needs for
3196     Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4,
3197     30-3-10.3, 30-3-11.3, [and 30-3-15.3,] and the Mediation Program - Child Custody or
3198     Parent-time;
3199          (b) implementing the use of guardians ad litem as provided in Sections 78A-2-703,
3200     78A-2-705, 78A-6-902, and 78B-3-102; the training of attorney guardians ad litem and
3201     volunteers as provided in Section 78A-6-902; and termination of parental rights as provided in
3202     Sections 78A-6-117 and 78A-6-118, and Title 78A, Chapter 6, Part 5, Termination of Parental
3203     Rights Act. This account may not be used to supplant funding for the guardian ad litem
3204     program in the juvenile court as provided in Section 78A-6-902;
3205          (c) implementing and administering the Expedited Parent-time Enforcement Program
3206     as provided in Section 30-3-38; and
3207          (d) implementing and administering the Divorce Education for Children Program.
3208          (4) The following withheld fees shall be allocated only to the Children's Legal Defense
3209     Account and used only for the purposes provided in Subsections (3)(a) through (d):
3210          (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
3211     as provided in Section 17-16-21; and
3212          (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any
3213     complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
3214          (5) The Division of Finance shall allocate the money described in Subsection (4) from
3215     the General Fund to the Children's Legal Defense Account.
3216          (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30
3217     of any fiscal year shall lapse into the General Fund.
3218          Section 55. Section 53-2a-203 is amended to read:
3219          53-2a-203. Definitions.
3220          As used in this part:

3221          (1) "Chief executive officer" means:
3222          (a) for a municipality:
3223          (i) the mayor for a municipality operating under all forms of municipal government
3224     except the council-manager form of government; or
3225          (ii) the city manager for a municipality operating under the council-manager form of
3226     government;
3227          (b) for a county:
3228          (i) the chair of the county commission for a county operating under the county
3229     commission or expanded county commission form of government;
3230          (ii) the county executive officer for a county operating under the county-executive
3231     council form of government; or
3232          (iii) the county manager for a county operating under the council-manager form of
3233     government; or
3234          (c) for a special service district:
3235          (i) the chief executive officer of the county or municipality that created the special
3236     service district if authority has not been delegated to an administrative control board as
3237     provided in Section 17D-1-301;
3238          (ii) the chair of the administrative control board to which authority has been delegated
3239     as provided in Section 17D-1-301; or
3240          (iii) the general manager or other officer or employee to whom authority has been
3241     delegated by the governing body of the special service district as provided in Section
3242     17D-1-301; or
3243          (d) for a local district:
3244          (i) the chair of the board of trustees selected as provided in Section 17B-1-309; or
3245          (ii) the general manager or other officer or employee to whom authority has been
3246     delegated by the board of trustees.
3247          (2) "Local emergency" means a condition in any municipality or county of the state
3248     which requires that emergency assistance be provided by the affected municipality or county or
3249     another political subdivision to save lives and protect property within its jurisdiction in
3250     response to a disaster, or to avoid or reduce the threat of a disaster.
3251          (3) "Political subdivision" means a municipality, county, special service district, or

3252     local district.
3253          Section 56. Section 53-3-219 is amended to read:
3254          53-3-219. Suspension of minor's driving privileges.
3255          (1) The division shall immediately suspend all driving privileges of any person upon
3256     receipt of an order suspending driving privileges under Section 32B-4-409, Section 32B-4-410,
3257     Subsection 76-9-701(1), or Section 78A-6-606.
3258          (2) (a) (i) Upon receipt of the first order suspending a person's driving privileges under
3259     Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or Section 78A-6-606, the
3260     division shall:
3261          (A) impose a suspension for a period of one year;
3262          (B) if the person has not been issued an operator license, deny the person's application
3263     for a license or learner's permit for a period of one year; or
3264          (C) if the person is under the age of eligibility for a driver license, deny the person's
3265     application for a license or learner's permit beginning on the date of conviction and continuing
3266     for one year beginning on the date of eligibility for a driver license.
3267          (ii) Upon receipt of the first order suspending a person's driving privileges under this
3268     section, the division shall reduce the suspension period under Subsection (2)(a)(i)(A), (B), or
3269     (C) if ordered by the court in accordance with Subsection 32B-4-409(5)(b), 32B-4-410(4)(b),
3270     76-9-701(4)(b), or 78A-6-606[(3)](4)(b).
3271          (b) (i) Upon receipt of a second or subsequent order suspending a person's driving
3272     privileges under Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or Section
3273     78A-6-606, the division shall:
3274          (A) impose a suspension for a period of two years;
3275          (B) if the person has not been issued an operator license or is under the age of
3276     eligibility for a driver license, deny the person's application for a license or learner's permit for
3277     a period of two years; or
3278          (C) if the person is under the age of eligibility for a driver license, deny the person's
3279     application for a license or learner's permit beginning on the date of conviction and continuing
3280     for two years beginning on the date of eligibility for a driver license.
3281          (ii) Upon receipt of the second or subsequent order suspending a person's driving
3282     privileges under Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or Section

3283     78A-6-606, the division shall reduce the suspension period if ordered by the court in
3284     accordance with Subsection 32B-4-409(5)(c), 32B-4-410(4)(c), 76-9-701(4)(c), or
3285     78A-6-606[(3)](4)(c).
3286          (3) The Driver License Division shall subtract from any suspension or revocation
3287     period for a conviction of a violation of Section 32B-4-409 the number of days for which a
3288     license was previously suspended under Section 53-3-231, if the previous sanction was based
3289     on the same occurrence upon which the record of conviction is based.
3290          (4) After reinstatement of the license described in Subsection (1), a report authorized
3291     under Section 53-3-104 may not contain evidence of the suspension of a minor's license under
3292     this section if the minor has not been convicted of any other offense for which the suspension
3293     under Subsection (1) may be extended.
3294          Section 57. Section 53-5c-201 is amended to read:
3295          53-5c-201. Voluntary commitment of a firearm by owner cohabitant -- Law
3296     enforcement to hold firearm.
3297          (1) (a) An owner cohabitant may voluntarily commit a firearm to a law enforcement
3298     agency for safekeeping if the owner cohabitant believes that another cohabitant is an immediate
3299     threat to:
3300          (i) himself or herself;
3301          (ii) the owner cohabitant; or
3302          (iii) any other person.
3303          (b) A law enforcement agency may not hold a firearm under this section if the law
3304     enforcement agency obtains the firearm in a manner other than the owner cohabitant
3305     voluntarily presenting, of the owner cohabitant's own free will, the firearm to the law
3306     enforcement agency at the agency's office.
3307          (2) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law
3308     enforcement agency that receives a firearm in accordance with this chapter shall:
3309          (a) record:
3310          (i) the owner cohabitant's name, address, and phone number;
3311          (ii) the firearm serial number; and
3312          (iii) the date that the firearm was voluntarily committed;
3313          (b) require the owner cohabitant to sign a document attesting that the owner cohabitant

3314     has an ownership interest in the firearm;
3315          (c) hold the firearm in safe custody for 60 days after the day on which the firearm is
3316     voluntarily committed; and
3317          (d) upon proof of identification, return the firearm to:
3318          (i) the owner cohabitant after the expiration of the 60-day period or, if the owner
3319     cohabitant requests return of the firearm before the expiration of the 60-day period, at the time
3320     of the request; or
3321          (ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
3322          (3) The law enforcement agency shall hold the firearm for an additional 60 days:
3323          (a) if the initial 60-day period expires; and
3324          (b) the owner cohabitant requests that the law enforcement agency hold the firearm for
3325     an additional 60 days.
3326          (4) A law enforcement agency may not request or require that the owner cohabitant
3327     provide the name or other information of the cohabitant who poses an immediate threat or any
3328     other cohabitant.
3329          (5) Notwithstanding an ordinance or policy to the contrary adopted in accordance with
3330     Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection
3331     (2), Subsection 53-5c-202[(4)](3)(b)(iii), or any other record created in the application of this
3332     chapter no later than five days after:
3333          (a) returning a firearm in accordance with Subsection (2)(d); or
3334          (b) disposing of the firearm in accordance with Section 53-5c-202.
3335          (6) Unless otherwise provided, the provisions of Title 77, Chapter 24a, Lost or Mislaid
3336     Personal Property, do not apply to a firearm received by a law enforcement agency in
3337     accordance with this chapter.
3338          (7) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held
3339     in accordance with this chapter.
3340          Section 58. Section 53-9-122 is amended to read:
3341          53-9-122. Exemptions from licensure.
3342          Except as otherwise provided by statute or rule, the following individuals may engage
3343     in the practice of an occupation or profession regulated by this [title] chapter, subject to the
3344     stated circumstances and limitations, without being licensed under this title:

3345          (1) an individual licensed under the laws of this state, other than under this [title]
3346     chapter, to practice or engage in an occupation or profession, while engaged in the lawful,
3347     professional, and competent practice of that occupation or profession;
3348          (2) an individual serving in the armed forces of the United States, the United States
3349     Public Health Service, the United States Department of Veterans Affairs, or any other federal
3350     agency while engaged in activities regulated under this title as a part of employment with that
3351     federal agency if the individual holds a valid license to practice the regulated occupation or
3352     profession issued by any other state or jurisdiction recognized by the department; and
3353          (3) the spouse of an individual serving in the armed forces of the United States while
3354     the individual is stationed within this state, if:
3355          (a) the spouse holds a valid license to practice the regulated occupation or profession
3356     issued by any other state or jurisdiction recognized by the department; and
3357          (b) the license is current and the spouse is in good standing in the state or jurisdiction
3358     of licensure.
3359          Section 59. Section 53-10-108 is amended to read:
3360          53-10-108. Restrictions on access, use, and contents of division records -- Limited
3361     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
3362     -- Missing children records -- Penalty for misuse of records.
3363          (1) As used in this section:
3364          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
3365     Bureau of Investigation.
3366          (b) "Rap back system" means a system that enables authorized entities to receive
3367     ongoing status notifications of any criminal history reported on individuals whose fingerprints
3368     are registered in the system.
3369          (c) "WIN Database" means the Western Identification Network Database that consists
3370     of eight western states sharing one electronic fingerprint database.
3371          (2) Dissemination of information from a criminal history record, including information
3372     obtained from a fingerprint background check, name check, warrant of arrest information, or
3373     information from division files, is limited to:
3374          (a) criminal justice agencies for purposes of administration of criminal justice and for
3375     employment screening by criminal justice agencies;

3376          (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
3377     agency to provide services required for the administration of criminal justice;
3378          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
3379     purposes for which given, and ensure the security and confidentiality of the data;
3380          (c) a qualifying entity for employment background checks for their own employees and
3381     persons who have applied for employment with the qualifying entity;
3382          (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
3383     executive order, court rule, court order, or local ordinance;
3384          (e) agencies or individuals for the purpose of obtaining required clearances connected
3385     with foreign travel or obtaining citizenship;
3386          (f) agencies or individuals for the purpose of a preplacement adoptive study, in
3387     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
3388          (g) private security agencies through guidelines established by the commissioner for
3389     employment background checks for their own employees and prospective employees;
3390          (h) state agencies for the purpose of conducting a background check for the following
3391     individuals:
3392          (i) employees;
3393          (ii) applicants for employment;
3394          (iii) volunteers; and
3395          (iv) contract employees;
3396          (i) governor's office for the purpose of conducting a background check on the
3397     following individuals:
3398          (i) cabinet members;
3399          (ii) judicial applicants; and
3400          (iii) members of boards, committees, and commissions appointed by the governor;
3401          (j) agencies and individuals as the commissioner authorizes for the express purpose of
3402     research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
3403     agency; and
3404          (k) other agencies and individuals as the commissioner authorizes and finds necessary
3405     for protection of life and property and for offender identification, apprehension, and
3406     prosecution pursuant to an agreement.

3407          (3) An agreement under Subsection (2)(j) shall specifically authorize access to data,
3408     limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
3409     individuals to whom the information relates, and ensure the confidentiality and security of the
3410     data.
3411          (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
3412     agency, or other agency or individual described in Subsections (2)(d) through (i) shall obtain a
3413     signed waiver from the person whose information is requested.
3414          (b) The waiver shall notify the signee:
3415          (i) that a criminal history background check will be conducted;
3416          (ii) who will see the information; and
3417          (iii) how the information will be used.
3418          (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
3419     individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
3420     justice name based background check of local databases to the bureau shall provide to the
3421     bureau:
3422          (i) personal identifying information for the subject of the background check; and
3423          (ii) the fee required by Subsection (15)[(a)(ii)].
3424          (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
3425     individual described in Subsections (2)(d) through (g) that submits a request for a WIN
3426     database check to the bureau shall provide to the bureau:
3427          (i) personal identifying information for the subject of the background check;
3428          (ii) a fingerprint card for the subject of the background check; and
3429          (iii) the fee required by Subsection (15)[(a)(i)].
3430          (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
3431     other agency or individual described in Subsections (2)(d) through (i) may only be:
3432          (i) available to individuals involved in the hiring or background investigation of the job
3433     applicant or employee;
3434          (ii) used for the purpose of assisting in making an employment appointment, selection,
3435     or promotion decision; and
3436          (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
3437     (4)(b).

3438          (f) An individual who disseminates or uses information obtained from the division
3439     under Subsections (2)(c) through (i) for purposes other than those specified under Subsection
3440     (4)(e), in addition to any penalties provided under this section, is subject to civil liability.
3441          (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
3442     individual described in Subsections (2)(d) through (i) that obtains background check
3443     information shall provide the subject of the background check an opportunity to:
3444          (i) review the information received as provided under Subsection (9); and
3445          (ii) respond to any information received.
3446          (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3447     division may make rules to implement this Subsection (4).
3448          (i) The division or its employees are not liable for defamation, invasion of privacy,
3449     negligence, or any other claim in connection with the contents of information disseminated
3450     under Subsections (2)(c) through (i).
3451          (5) (a) Any criminal history record information obtained from division files may be
3452     used only for the purposes for which it was provided and may not be further disseminated,
3453     except under Subsection (5)(b), (c), or (d).
3454          (b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
3455     provided by the agency to the individual who is the subject of the history, another licensed
3456     child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
3457     adoption.
3458          (c) A criminal history of a defendant provided to a criminal justice agency under
3459     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
3460     upon request during the discovery process, for the purpose of establishing a defense in a
3461     criminal case.
3462          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
3463     Transit District Act, that is under contract with a state agency to provide services may, for the
3464     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
3465     the state agency or the agency's designee.
3466          (6) The division may not disseminate criminal history record information to qualifying
3467     entities under Subsection (2)(c) regarding employment background checks if the information is
3468     related to charges:

3469          (a) that have been declined for prosecution;
3470          (b) that have been dismissed; or
3471          (c) regarding which a person has been acquitted.
3472          (7) (a) This section does not preclude the use of the division's central computing
3473     facilities for the storage and retrieval of criminal history record information.
3474          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
3475     unauthorized agencies or individuals.
3476          (8) Direct access through remote computer terminals to criminal history record
3477     information in the division's files is limited to those agencies authorized by the commissioner
3478     under procedures designed to prevent unauthorized access to this information.
3479          (9) (a) The commissioner shall establish procedures to allow an individual right of
3480     access to review and receive a copy of the individual's criminal history report.
3481          (b) A processing fee for the right of access service, including obtaining a copy of the
3482     individual's criminal history report under Subsection (9)(a) shall be set in accordance with
3483     Section 63J-1-504.
3484          (c) (i) The commissioner shall establish procedures for an individual to challenge the
3485     completeness and accuracy of criminal history record information contained in the division's
3486     computerized criminal history files regarding that individual.
3487          (ii) These procedures shall include provisions for amending any information found to
3488     be inaccurate or incomplete.
3489          (10) The private security agencies as provided in Subsection (2)(g):
3490          (a) shall be charged for access; and
3491          (b) shall be registered with the division according to rules made by the division under
3492     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3493          (11) Before providing information requested under this section, the division shall give
3494     priority to criminal justice agencies needs.
3495          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
3496     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
3497     division or any information contained in a record created, maintained, or to which access is
3498     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
3499     policy of a governmental entity.

3500          (b) A person who discovers or becomes aware of any unauthorized use of records
3501     created or maintained, or to which access is granted by the division shall inform the
3502     commissioner and the director of the Utah Bureau of Criminal Identification of the
3503     unauthorized use.
3504          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
3505     Subsection (2)(b) may request that the division register fingerprints taken for the purpose of
3506     conducting current and future criminal background checks under this section with:
3507          (i) the WIN Database rap back system, or any successor system;
3508          (ii) the FBI Rap Back System; or
3509          (iii) a system maintained by the division.
3510          (b) A qualifying entity or an entity described in Subsection (2)(b) may only make a
3511     request under Subsection (13)(a) if the entity:
3512          (i) has the authority through state or federal statute or federal executive order;
3513          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
3514     and
3515          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
3516     notifications for individuals with whom the entity maintains an authorizing relationship.
3517          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
3518     be retained in the FBI Rap Back System for the purpose of being searched by future
3519     submissions to the FBI Rap Back System, including latent fingerprint searches.
3520          (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
3521     the applicant fingerprint card, name check, and to register fingerprints under Subsection
3522     (13)(a).
3523          (b) Funds generated under this Subsection (15) shall be deposited into the General
3524     Fund as a dedicated credit by the department to cover the costs incurred in providing the
3525     information.
3526          (c) The division may collect fees charged by an outside agency for services required
3527     under this section.
3528          (16) For the purposes of conducting a criminal background check authorized under
3529     Subsection (2)(h) or (2)(i), the Department of Human Resource Management, in accordance
3530     with Title 67, Chapter 19, Utah State Personnel Management Act, and the governor's office

3531     shall have direct access to criminal background information maintained under Title 53, Chapter
3532     10, Part 2, Bureau of Criminal Identification.
3533          Section 60. Section 53-10-202.3 is amended to read:
3534          53-10-202.3. Suicide Prevention Education Program -- Definitions -- Grant
3535     requirements.
3536          (1) As used in this section:
3537          (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
3538     within the Department of Public Safety.
3539          (b) "Coordinator" means the state suicide prevention coordinator designated in Section
3540     62A-15-1101.
3541          [(c) "Course" means the suicide prevention education course created in Subsection
3542     53-10-202(18)(a)(iv).]
3543          (2) There is created a Suicide Prevention Education Program to fund suicide
3544     prevention education opportunities for federally licensed firearms dealers who operate a retail
3545     establishment open to the public and the dealers' employees.
3546          (3) The bureau shall provide a grant to an employer in Subsection (2) following the
3547     criteria provided in accordance with Subsection 62A-15-1101[(8)(b)](6).
3548          (4) An employer may apply for a grant of up to $2,500 under the program.
3549          Section 61. Section 53B-26-102 is amended to read:
3550          53B-26-102. Definitions.
3551          As used in this [chapter] part:
3552          (1) "CTE" means career and technical education.
3553          (2) "CTE region" means an economic service area created in Section 35A-2-101.
3554          (3) "Eligible partnership" means:
3555          (a) a regional partnership; or
3556          (b) a statewide partnership.
3557          (4) "Employer" means a private employer, public employer, industry association, the
3558     military, or a union.
3559          (5) "Industry advisory group" means:
3560          (a) a group of at least five employers that represent the workforce needs to which a
3561     proposal submitted under Section 53B-26-103 responds; and

3562          (b) a representative of the Governor's Office of Economic Development, appointed by
3563     the executive director of the Governor's Office of Economic Development.
3564          (6) "Institution of higher education" means the University of Utah, Utah State
3565     University, Southern Utah University, Weber State University, Snow College, Dixie State
3566     University, Utah Valley University, or Salt Lake Community College.
3567          (7) "Regional partnership" means a partnership that:
3568          (a) provides educational services within one CTE region; and
3569          (b) is between at least two of the following located in the CTE region:
3570          (i) a technical college;
3571          (ii) a school district or charter school; or
3572          (iii) an institution of higher education.
3573          (8) "Stackable sequence of credentials" means a sequence of credentials that:
3574          (a) an individual can build upon to access an advanced job or higher wage;
3575          (b) is part of a career pathway system;
3576          (c) provides a pathway culminating in the equivalent of an associate's or bachelor's
3577     degree;
3578          (d) facilitates multiple exit and entry points; and
3579          (e) recognizes sub-goals or momentum points.
3580          (9) "Statewide partnership" means a partnership between at least two regional
3581     partnerships.
3582          (10) "Technical college" means:
3583          (a) a college described in Section 53B-2a-105;
3584          (b) the School of Applied Technology at Salt Lake Community College established
3585     under Section 53B-16-209;
3586          (c) Utah State University Eastern established under Section 53B-18-1201; or
3587          (d) the Snow College Richfield campus established under Section 53B-16-205.
3588          Section 62. Section 53D-1-102 is amended to read:
3589          53D-1-102. Definitions.
3590          As used in this chapter:
3591          (1) "Account" means the School and Institutional Trust Fund Management Account,
3592     created in Section 53D-1-203.

3593          (2) "Advocacy office director" means the director of the Land Trusts Protection and
3594     Advocacy Office, appointed under Section 53D-2-203.
3595          (3) "Beneficiaries":
3596          (a) means those for whose benefit the trust fund is managed and preserved, consistent
3597     with the enabling act, the Utah Constitution, and state law; and
3598          (b) does not include other government institutions or agencies, the public at large, or
3599     the general welfare of the state.
3600          (4) "Board" means the board of trustees established in Section 53D-1-301.
3601          (5) "Director" means the director of the office.
3602          (6) "Enabling act" means the act of Congress, dated July 16, 1894, enabling the people
3603     of Utah to form a constitution and state government and to be admitted into the Union.
3604          (7) "Land Trusts Protection and Advocacy Office" or "advocacy office" means the
3605     Land Trusts Protection and Advocacy Office created in Section 53D-2-201.
3606          [(7)] (8) "Nominating committee" means the committee established under Section
3607     53D-1-501.
3608          [(8)] (9) "Office" means the School and Institutional Trust Fund Office, created in
3609     Section 53D-1-201.
3610          [(9) "Land Trusts Protection and Advocacy Office" or "advocacy office" means the
3611     Land Trusts Protection and Advocacy Office created in Section 53D-2-201.]
3612          (10) "Trust fund" means money derived from:
3613          (a) the sale or use of land granted to the state under Sections 6, 8, and 12 of the
3614     enabling act;
3615          (b) proceeds referred to in Section 9 of the enabling act from the sale of public land;
3616     and
3617          (c) revenue and assets referred to in Utah Constitution, Article X, Section 5,
3618     Subsections (1)(c), (e), and (f).
3619          Section 63. Section 53E-9-305 is amended to read:
3620          53E-9-305. Collecting student data -- Prohibition -- Student data collection notice
3621     -- Written consent.
3622          (1) An education entity may not collect a student's:
3623          (a) social security number; or

3624          (b) except as required in Section 78A-6-112, criminal record.
3625          (2) An education entity that collects student data shall, in accordance with this section,
3626     prepare and distribute, except as provided in Subsection (3), to parents and students a student
3627     data collection notice statement that:
3628          (a) is a prominent, stand-alone document;
3629          (b) is annually updated and published on the education entity's website;
3630          (c) states the student data that the education entity collects;
3631          (d) states that the education entity will not collect the student data described in
3632     Subsection (1);
3633          (e) states the student data described in Section 53E-9-308 that the education entity may
3634     not share without written consent;
3635          (f) includes the following statement:
3636          "The collection, use, and sharing of student data has both benefits and risks. Parents
3637     and students should learn about these benefits and risks and make choices regarding student
3638     data accordingly.";
3639          (g) describes in general terms how the education entity stores and protects student data;
3640          (h) states a student's rights under this part; and
3641          (i) for an education entity that teaches students in grade 9, 10, 11, or 12, requests
3642     written consent to share student data with the State Board of Regents as described in Section
3643     53E-9-308.
3644          (3) The board may publicly post the board's collection notice described in Subsection
3645     (2).
3646          (4) An education entity may collect the necessary student data of a student if the
3647     education entity provides a student data collection notice to:
3648          (a) the student, if the student is an adult student; or
3649          (b) the student's parent, if the student is not an adult student.
3650          (5) An education entity may collect optional student data if the education entity:
3651          (a) provides, to an individual described in Subsection (4), a student data collection
3652     notice that includes a description of:
3653          (i) the optional student data to be collected; and
3654          (ii) how the education entity will use the optional student data; and

3655          (b) obtains written consent to collect the optional student data from an individual
3656     described in Subsection (4).
3657          (6) An education entity may collect a student's biometric identifier or biometric
3658     information if the education entity:
3659          (a) provides, to an individual described in Subsection (4), a biometric information
3660     collection notice that is separate from a student data collection notice, which states:
3661          (i) the biometric identifier or biometric information to be collected;
3662          (ii) the purpose of collecting the biometric identifier or biometric information; and
3663          (iii) how the education entity will use and store the biometric identifier or biometric
3664     information; and
3665          (b) obtains written consent to collect the biometric identifier or biometric information
3666     from an individual described in Subsection (4).
3667          (7) Except under the circumstances described in Subsection 53G-8-211(2), an
3668     education entity may not refer a student to an [alternative evidence-based] evidence-based
3669     alternative intervention described in Subsection 53G-8-211(3) without written consent.
3670          Section 64. Section 53F-2-203 is amended to read:
3671          53F-2-203. Reduction of local education board allocation based on insufficient
3672     revenues.
3673          (1) As used in this section, "Minimum School Program funds" means the total of state
3674     and local funds appropriated for the Minimum School Program, excluding:
3675          (a) an appropriation for a state guaranteed local levy increment as described in Section
3676     53F-2-601; and
3677          (b) the appropriation to charter schools to replace local property tax revenues pursuant
3678     to Section 53F-2-704.
3679          (2) If the Legislature reduces appropriations made to support public schools under this
3680     chapter because an Education Fund budget deficit, as defined in Section 63J-1-312, exists, the
3681     State Board of Education, after consultation with each local education board, shall allocate the
3682     reduction among school districts and charter schools in proportion to each school district's or
3683     charter school's percentage share of Minimum School Program funds.
3684          (3) Except as provided in Subsection (5) and subject to the requirements of Subsection
3685     (7), a local education board shall determine which programs are affected by a reduction

3686     pursuant to Subsection (2) and the amount each program is reduced.
3687          (4) Except as provided in Subsections (5) and (6), the requirement to spend a specified
3688     amount in any particular program is waived if reductions are made pursuant to Subsection (2).
3689          (5) A local education board may not reduce or reallocate spending of funds distributed
3690     to the school district or charter school for the following programs:
3691          (a) educator salary adjustments provided in Section 53F-2-405;
3692          (b) the Teacher Salary Supplement Program provided in Section 53F-2-504;
3693          (c) the extended year for special educators provided in Section 53F-2-310;
3694          (d) USTAR centers provided in Section 53F-2-505;
3695          (e) the School LAND Trust Program described in Sections 53F-2-404 and
3696     [53F-7-1206] 53G-7-1206; or
3697          (f) a special education program within the basic school program.
3698          (6) A local education board may not reallocate spending of funds distributed to the
3699     school district or charter school to a reserve account.
3700          (7) A local education board that reduces or reallocates funds in accordance with this
3701     section shall report all transfers into, or out of, Minimum School Program programs to the
3702     State Board of Education as part of the school district or charter school's Annual Financial and
3703     Program report.
3704          Section 65. Section 53F-2-409 is amended to read:
3705          53F-2-409. Concurrent enrollment funding.
3706          (1) The terms defined in Section [53F-10-301] 53E-10-301 apply to this section.
3707          (2) The State Board of Education shall allocate money appropriated for concurrent
3708     enrollment in accordance with this section.
3709          (3) (a) The State Board of Education shall allocate money appropriated for concurrent
3710     enrollment in proportion to the number of credit hours earned for courses taken where:
3711          (i) an LEA primarily bears the cost of instruction; and
3712          (ii) an institution of higher education primarily bears the cost of instruction.
3713          (b) From the money allocated under Subsection (3)(a)(i), the State Board of Education
3714     shall distribute:
3715          (i) 60% of the money to LEAs; and
3716          (ii) 40% of the money to the State Board of Regents.

3717          (c) From the money allocated under Subsection (3)(a)(ii), the State Board of Education
3718     shall distribute:
3719          (i) 40% of the money to LEAs; and
3720          (ii) 60% of the money to the State Board of Regents.
3721          (d) The State Board of Education shall make rules, in accordance with Title 63G,
3722     Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money to
3723     LEAs under Subsections (3)(b)(i) and (3)(c)(i).
3724          (e) The State Board of Regents shall make rules, in accordance with Title 63G, Chapter
3725     3, Utah Administrative Rulemaking Act, providing for the distribution of the money allocated
3726     to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
3727          (4) Subject to budget constraints, the Legislature shall annually increase the money
3728     appropriated for concurrent enrollment in proportion to the percentage increase over the
3729     previous school year in:
3730          (a) kindergarten through grade 12 student enrollment; and
3731          (b) the value of the weighted pupil unit.
3732          (5) If an LEA receives an allocation of less than $10,000 under this section, the LEA
3733     may use the allocation as described in Section 53F-2-206.
3734          Section 66. Section 53F-2-414 is amended to read:
3735          53F-2-414. Review of related to basic school programs.
3736          (1) No later than November 30, 2018, the Public Education Appropriations
3737     Subcommittee shall:
3738          (a) review and make recommendations on each program in the related to basic school
3739     programs described in Subsection (3);
3740          (b) adopt a review schedule going forward for each program described in Subsection
3741     (3), placing a program on a schedule to review annually or every four years; and
3742          (c) review annually or every four years each program according to the schedule adopted
3743     under Subsection (1)(b).
3744          (2) For a related to basic school program that is not listed in Subsection (3) and is
3745     adopted by the Legislature after January 1, 2018, the Public Education Appropriations
3746     Subcommittee shall:
3747          (a) review and make recommendations for the program in the program's initial year of

3748     implementation;
3749          (b) adopt a review schedule going forward for the program, placing the program on a
3750     schedule to review annually or every four years; and
3751          (c) review annually or every four years the program according to the schedule adopted
3752     under Subsection (2)(b).
3753          (3) The programs subject to review under Subsection (1) are the following:
3754          (a) the state-supported transportation program described in Section 53F-2-403;
3755          (b) the state contribution guarantee program for transportation described in Section
3756     53F-2-403;
3757          (c) the weighted pupil unit flexibility allocations described in Section 53F-2-205;
3758          (d) the Enhancement for At-Risk Students Program described in Section 53F-2-410;
3759          (e) the youth in custody program described in Section 53E-3-503;
3760          (f) the adult education program described in Title 53E, Chapter 10, Part 2, Adult
3761     Education;
3762          (g) the Enhancement for Accelerated Students Program described in Section
3763     53F-2-408;
3764          (h) the Centennial Scholarship Program described in Section 53F-2-501;
3765          (i) the concurrent enrollment program described in Title 53E, Chapter 10, Part 3,
3766     Concurrent Enrollment;
3767          (j) the Title I Schools Paraeducators Program described in Section 53F-2-411;
3768          (k) the School LAND Trust Program described in Section 53F-2-404;
3769          (l) the charter school local replacement funding program described in Section
3770     53F-2-702;
3771          (m) the charter school administration allocations described in Section 53F-2-306;
3772          (n) the [K-3 Reading Improvement] Early Literacy Program described in Section
3773     53F-2-503;
3774          (o) the educator salary adjustments described in Section 53F-2-405;
3775          (p) the Teacher Salary Supplement Program described in Section 53F-2-504;
3776          (q) the school library books and electronic resources appropriation described in Section
3777     53F-2-407;
3778          (r) the matching appropriation for school nurses described in Section 53F-2-519;

3779          [(s) the Critical Languages Program described in Section 53F-2-516;]
3780          [(t)] (s) the Dual Language Immersion Program described in Section 53F-2-502;
3781          [(u)] (t) the Utah Science Technology and Research (USTAR) Initiative Centers
3782     Program described in Section 53F-2-505;
3783          [(v)] (u) the Beverley Taylor Sorenson Elementary Arts Learning Program described in
3784     Section 53F-2-506;
3785          [(w)] (v) the early intervention program described in Section 53F-2-507; and
3786          [(x)] (w) the Digital Teaching and Learning Grant Program described in Section
3787     53F-2-510.
3788          Section 67. Section 53F-2-704 is amended to read:
3789          53F-2-704. Charter school levy state guarantee.
3790          (1) As used in this section:
3791          (a) "Charter school levy per pupil revenues" means the same as that term is defined in
3792     Section 53F-2-703.
3793          (b) "Charter school students' average local revenues" means the amount determined as
3794     follows:
3795          (i) for each student enrolled in a charter school on the previous October 1, calculate the
3796     district per pupil local revenues of the school district in which the student resides;
3797          (ii) sum the district per pupil local revenues for each student enrolled in a charter
3798     school on the previous October 1; and
3799          (iii) divide the sum calculated under Subsection (1)[(a)](b)(ii) by the number of
3800     students enrolled in charter schools on the previous October 1.
3801          (c) "District local property tax revenues" means the sum of a school district's revenue
3802     received from the following:
3803          (i) a voted local levy imposed under Section 53F-8-301;
3804          (ii) a board local levy imposed under Section 53F-8-302, excluding revenues expended
3805     for:
3806          (A) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
3807     taxable value of the school district's board local levy; and
3808          (B) the Early Literacy Program described in Section 53F-2-503, up to the amount of
3809     revenue generated by a .000121 per dollar of taxable value of the school district's board local

3810     levy;
3811          (iii) a capital local levy imposed under Section 53F-8-303; and
3812          (iv) a guarantee described in Section 53F-2-601, 53F-3-202, or 53F-3-203.
3813          (d) "District per pupil local revenues" means, using data from the most recently
3814     published school district annual financial reports and state superintendent's annual report, an
3815     amount equal to district local property tax revenues divided by the sum of:
3816          (i) a school district's average daily membership; and
3817          (ii) the average daily membership of a school district's resident students who attend
3818     charter schools.
3819          (e) "Resident student" means a student who is considered a resident of the school
3820     district under Title 53G, Chapter 6, Part 3, School District Residency.
3821          (f) "Statewide average debt service revenues" means the amount determined as
3822     follows, using data from the most recently published state superintendent's annual report:
3823          (i) sum the revenues of each school district from the debt service levy imposed under
3824     Section 11-14-310; and
3825          (ii) divide the sum calculated under Subsection (1)(f)(i) by statewide school district
3826     average daily membership.
3827          (2) (a) Subject to future budget constraints, the Legislature shall provide an
3828     appropriation for charter schools for each charter school student enrolled on October 1 to
3829     supplement the allocation of charter school levy per pupil revenues described in Subsection
3830     53F-2-702(2)(a).
3831          (b) Except as provided in Subsection (2)(c), the amount of money provided by the state
3832     for a charter school student shall be the sum of:
3833          (i) charter school students' average local revenues minus the charter school levy per
3834     pupil revenues; and
3835          (ii) statewide average debt service revenues.
3836          (c) If the total of charter school levy per pupil revenues distributed by the State Board
3837     of Education and the amount provided by the state under Subsection (2)(b) is less than $1,427,
3838     the state shall provide an additional supplement so that a charter school receives at least $1,427
3839     per student under Subsection 53F-2-702(2).
3840          (d) (i) If the legislative appropriation described in Subsection (2)(a) is insufficient to

3841     provide an amount described in Subsection (2)(b) for each charter school student, the State
3842     Board of Education shall make an adjustment to Minimum School Program allocations as
3843     described in Section 53F-2-205.
3844          (ii) Following an adjustment described in Subsection (2)(d)(i), if legislative
3845     appropriations remain insufficient to provide an amount described in Subsection (2)(b) for each
3846     student enrolled in a charter school, the State Board of Education shall:
3847          (A) distribute to a charter school an amount described in Subsection (2)(b) for each
3848     student enrolled in the charter school under or equal to the maximum number of students the
3849     charter school serves, as described in the charter school's charter school agreement described in
3850     Section 53G-5-303; and
3851          (B) distribute money remaining after the distributions described in Subsection
3852     (2)(d)(ii)(A) to a charter school based on the charter school's share of all students enrolled in
3853     charter schools who exceed the number of maximum students served by charter schools, as
3854     described in charter school agreements entered into under Section 53G-5-303.
3855          (3) (a) Except as provided in Subsection (3)(b), of the money provided to a charter
3856     school under Subsection 53F-2-702(2), 10% shall be expended for funding school facilities
3857     only.
3858          (b) Subsection (3)(a) does not apply to an online charter school.
3859          Section 68. Section 53F-6-301 is amended to read:
3860          53F-6-301. Definitions.
3861          As used in this part:
3862          (1) "Board" means the School Readiness Board, created in Section 35A-3-209.
3863          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
3864     lunch.
3865          (3) "Eligible home-based educational technology provider" means a provider that
3866     intends to offer a home-based educational technology program.
3867          (4) "Eligible LEA" means an LEA that has a data system capacity to collect
3868     longitudinal academic outcome data, including special education use by student, by identifying
3869     each student with a statewide unique student identifier.
3870          (5) (a) "Eligible private provider" means a child care program that:
3871          (i) (A) except as provided in Subsection (5)(b), is licensed under Title 26, Chapter 39,

3872     Utah Child Care Licensing Act; or
3873          (B) is exempt from licensure under Section 26-39-403; and
3874          (ii) meets other criteria as established by the board, consistent with Utah Constitution,
3875     Article X, Section 1.
3876          (b) "Eligible private provider" does not include residential child care, as defined in
3877     Section 26-39-102.
3878          (6) "Eligible student" means a student:
3879          (a) who is economically disadvantaged; and
3880          (b) whose parent or legal guardian reports that the student has experienced at least one
3881     risk factor.
3882          (7) "Evaluator" means an independent evaluator selected in accordance with Section
3883     [53F-3-309] 53F-6-309.
3884          (8) "High quality school readiness program" means a preschool program that:
3885          (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
3886     educational technology provider; and
3887          (b) meets the elements of a high quality school readiness program described in Section
3888     53F-6-304.
3889          (9) "Investor" means a person that enters into a results-based contract to provide
3890     funding to a high quality school readiness program on the condition that the person will receive
3891     payment in accordance with Section 53F-6-309 if the high quality school readiness program
3892     meets the performance outcome measures included in the results-based contract.
3893          (10) "Local Education Agency" or "LEA" means a school district or charter school.
3894          (11) "Pay for success program" means a program funded through a model in which the
3895     program is initially funded through private funding and the entity providing the private funding
3896     receives repayment through public funding if the program achieves certain outcomes.
3897          (12) "Performance outcome measure" means a cost avoidance in special education use
3898     for a student at-risk for later special education placement in kindergarten through grade 12 who
3899     receives preschool education funded pursuant to a results-based contract.
3900          (13) "Program intermediary" means an entity selected by the board under Section
3901     35A-3-209 to coordinate with the Department of Workforce Services to provide program
3902     support to the board.

3903          (14) "Results-based contract" means a contract that:
3904          (a) is entered into in accordance with Section [53F-3-309] 53F-6-309;
3905          (b) includes a performance outcome measure; and
3906          (c) is between:
3907          (i) the board, a provider of a high quality school readiness program, and an investor; or
3908          (ii) the board and a provider of a high quality school readiness program.
3909          (15) "Risk factor" means:
3910          (a) having a mother who was 18 years old or younger when the child was born;
3911          (b) a member of a child's household is incarcerated;
3912          (c) living in a neighborhood with high violence or crime;
3913          (d) having one or both parents with a low reading ability;
3914          (e) moving at least once in the past year;
3915          (f) having ever been in foster care;
3916          (g) living with multiple families in the same household;
3917          (h) having exposure in a child's home to:
3918          (i) physical abuse or domestic violence;
3919          (ii) substance abuse;
3920          (iii) the death or chronic illness of a parent or sibling; or
3921          (iv) mental illness;
3922          (i) the primary language spoken in a child's home is a language other than English; or
3923          (j) having at least one parent who has not completed high school.
3924          (16) "Student at-risk for later special education placement" means an eligible student
3925     who, at preschool entry, scores at least two standard deviations below the mean on the
3926     assessment selected by the board under Section 53F-6-309.
3927          Section 69. Section 53G-5-413 is amended to read:
3928          53G-5-413. Charter school governing board meetings -- Rules of order and
3929     procedure.
3930          (1) As used in this section, "rules of order and procedure" means a set of rules that
3931     governs and prescribes in a public meeting:
3932          (a) parliamentary order and procedure;
3933          (b) ethical behavior; and

3934          (c) civil discourse.
3935          (2) [Subject to Subsection (4), a] A charter school governing board shall:
3936          (a) adopt rules of order and procedure to govern a public meeting of the charter school
3937     governing board;
3938          (b) conduct a public meeting in accordance with the rules of order and procedure
3939     described in Subsection (2)(a); and
3940          (c) make the rules of order and procedure described in Subsection (2)(a) available to
3941     the public:
3942          (i) at each public meeting of the charter school governing board; and
3943          (ii) on the charter school governing board's public website, if available.
3944          (3) The requirements of this section do not affect a charter school governing board's
3945     duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
3946          Section 70. Section 53G-8-508 is amended to read:
3947          53G-8-508. Admissibility of evidence in civil and criminal actions.
3948          (1) Evidence relating to a violation of Section 53G-8-505, 53G-8-506, 53G-8-507, or
3949     53G-8-509, [or 53G-9-507,] which is seized by school authorities acting alone, on their own
3950     authority, and not in conjunction with or at the behest of law enforcement authorities is
3951     admissible in civil and criminal actions.
3952          (2) A search under this section must be based on at least a reasonable belief that the
3953     search will turn up evidence of a violation of this part. The measures adopted for the search
3954     must be reasonably related to the objectives of the search and not excessively intrusive in light
3955     of the circumstances, including the age and sex of the person involved and the nature of the
3956     infraction.
3957          Section 71. Section 53G-11-509 is amended to read:
3958          53G-11-509. Mentor for provisional educator.
3959          (1) In accordance with Subsections 53E-2-302(7) and [53F-6-103] 53E-6-103(2)(a)
3960     and (b), the principal or immediate supervisor of a provisional educator shall assign a person
3961     who has received training or will receive training in mentoring educators as a mentor to the
3962     provisional educator.
3963          (2) Where possible, the mentor shall be a career educator who performs substantially
3964     the same duties as the provisional educator and has at least three years of educational

3965     experience.
3966          (3) The mentor shall assist the provisional educator to become effective and competent
3967     in the teaching profession and school system, but may not serve as an evaluator of the
3968     provisional educator.
3969          (4) An educator who is assigned as a mentor may receive compensation for those
3970     services in addition to the educator's regular salary.
3971          Section 72. Section 54-17-807 is amended to read:
3972          54-17-807. Solar photovoltaic or thermal solar energy facilities.
3973          (1) As used in this section, "acquire" means to purchase, construct, or purchase the
3974     output from a photovoltaic or thermal solar energy resource.
3975          (2) (a) In accordance with this section, a qualified utility may file an application with
3976     the commission for approval to acquire a photovoltaic or thermal solar energy resource using
3977     rate recovery based on a competitive market price, except as provided in Subsection (2)(b).
3978          (b) A qualified utility may not, under this section, acquire a photovoltaic or thermal
3979     solar energy resource with a generating capacity that is two megawatts or less per meter if that
3980     resource is located on the customer's side of the meter.
3981          (3) The energy resource acquired pursuant to this section may be owned solely or
3982     jointly by a qualified utility or another entity:
3983          (a) to provide renewable energy to a contract customer as provided in Section
3984     54-17-803;
3985          (b) to serve energy to a qualified utility customer as provided in Section 54-17-806;
3986          (c) to serve energy to any customers of the qualified utility if the proposed energy
3987     resource's nameplate capacity does not exceed 300 megawatts or, if applicable, the quantity of
3988     capacity that is the subject of a contract for the purchase of electricity does not exceed 300
3989     megawatts, so long as the qualified utility proceeds under and complies with Part 4, Voluntary
3990     Request for Resource Decision Review; or
3991          (d) to serve energy to any customers of the qualified utility if the proposed energy
3992     resource's nameplate capacity exceeds 300 megawatts or, if applicable, the quantity of capacity
3993     that is the subject of a contract for the purchase of electricity exceeds 300 megawatts, so long
3994     as the qualified utility complies with this chapter.
3995          (4) Except as provided in Subsections (3)(c) and (d), the following do not apply to an

3996     application submitted under Subsection (2):
3997          (a) Part 1, General Provisions;
3998          (b) Part 2, Solicitation Process;
3999          (c) Part 3, Resource Plans and Significant Energy Resource Approval;
4000          (d) Part 4, Voluntary Request for Resource Decision Review; and
4001          (e) Section 54-17-502.
4002          (5) The application described in Subsection (2) shall include:
4003          (a) a proposed solicitation process for the energy resource;
4004          (b) the criteria proposed to be used to evaluate the responses to the solicitation:
4005          (i) as determined by the customer, if the energy resource is sought to serve a customer
4006     pursuant to Subsection (3)(a) or (b); or
4007          (ii) as proposed by the qualified utility, if the energy resource is sought to serve the
4008     customers of the qualified utility pursuant to Subsection (3)(c) or (d); and
4009          (c) any other information the commission may require.
4010          (6) (a) Before approving a solicitation process under this section for an energy resource
4011     to serve customers of the qualified utility pursuant to Subsection (3)(c) or (d), the commission
4012     shall:
4013          (i) hold a public hearing; and
4014          (ii) provide an opportunity for public comment.
4015          (b) The commission may approve a solicitation process under this section only if the
4016     commission determines that the solicitation and evaluation processes to be used will create a
4017     level playing field in which the qualified utility and other bidders can compete fairly, including
4018     with respect to interconnection and transmission requirements imposed on bidders by the
4019     solicitation within the control of the commission and the qualified utility, excluding its
4020     federally regulated transmission function, and will otherwise serve the public interest.
4021          (7) (a) Upon completion of the solicitation process approved under Subsection (6), the
4022     qualified utility may seek approval from the commission to acquire the energy resource
4023     identified through the solicitation process as the winning bid.
4024          (b) Before approving acquisition of an energy resource acquired pursuant to this
4025     section, the commission shall:
4026          (i) hold a public hearing;

4027          (ii) provide an opportunity for public comment;
4028          (iii) determine whether the solicitation and evaluation processes complied with this
4029     section, commission rules, and the commission's order approving the solicitation process; and
4030          (iv) determine whether the acquisition of the energy resource is just and reasonable,
4031     and in the public interest.
4032          (c) The commission may approve a qualified utility's ownership of an energy resource
4033     or a power purchase agreement containing a purchase option under Subsection (3)(c) or (d)
4034     with rate recovery based on a competitive market price only if the commission determines that
4035     the qualified utility's bid is the lowest cost ownership option for the qualified utility.
4036          (d) If the commission approves a qualified utility's acquisition of an energy resource
4037     under Subsection (3), including entering into a power purchase agreement containing a
4038     purchase option, using rate recovery based on a competitive market price:
4039          (i) the prices approved by the commission shall constitute competitive market prices
4040     for purposes of this section; and
4041          (ii) assets owned by the qualified utility and used to provide service as approved under
4042     this section are not public utility property.
4043          (8) If upon completion of a solicitation process approved under Subsection (6) the
4044     qualified utility proposes not to acquire an energy resource, the qualified utility shall file with
4045     the commission a report explaining its reasons for not acquiring the lowest cost resource bid
4046     into the solicitation, along with any other information the commission requires.
4047          (9) Within six months after a competitive market price for a solar energy resource
4048     acquired under Subsection (3)(c) or (d) has been identified pursuant to this section, or for such
4049     longer period as the commission may determine to be in the public interest, a qualified utility
4050     may file an application with the commission seeking approval to acquire another energy
4051     resource similar to the energy resource for which a competitive market price was established
4052     without going through a new solicitation process. The commission may approve the application
4053     if the qualified utility demonstrates a need to acquire the energy resource, that the competitive
4054     market price remains reasonable, and that the acquisition is in the public interest.
4055          (10) No later than 180 days before the end of the term approved by the commission for
4056     an energy resource acquired under this section and owned by the [qualifying] qualified utility,
4057     the qualified utility shall file with the commission a request for determination of an appropriate

4058     disposition of the energy resource asset, except that the qualified utility is permitted to retain
4059     the benefits or proceeds and shall be required to assume the costs and risks of ownership of the
4060     energy resource.
4061          (11) The commission shall adopt rules, in accordance with Title 63G, Chapter 3, Utah
4062     Administrative Rulemaking Act:
4063          (a) addressing the content and filing of an application under this section;
4064          (b) to establish the solicitation process and criteria to be used to identify the
4065     competitive market price and select an energy resource; and
4066          (c) addressing other factors determined by the commission to be relevant to protect the
4067     public interest and to implement this section.
4068          Section 73. Section 58-1-307 is amended to read:
4069          58-1-307. Exemptions from licensure.
4070          (1) Except as otherwise provided by statute or rule, the following individuals may
4071     engage in the practice of their occupation or profession, subject to the stated circumstances and
4072     limitations, without being licensed under this title:
4073          (a) an individual serving in the armed forces of the United States, the United States
4074     Public Health Service, the United States Department of Veterans Affairs, or other federal
4075     agencies while engaged in activities regulated under this chapter as a part of employment with
4076     that federal agency if the individual holds a valid license to practice a regulated occupation or
4077     profession issued by any other state or jurisdiction recognized by the division;
4078          (b) a student engaged in activities constituting the practice of a regulated occupation or
4079     profession while in training in a recognized school approved by the division to the extent the
4080     activities are supervised by qualified faculty, staff, or designee and the activities are a defined
4081     part of the training program;
4082          (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
4083     fellowship, apprenticeship, or on-the-job training program approved by the division while
4084     under the supervision of qualified individuals;
4085          (d) an individual residing in another state and licensed to practice a regulated
4086     occupation or profession in that state, who is called in for a consultation by an individual
4087     licensed in this state, and the services provided are limited to that consultation;
4088          (e) an individual who is invited by a recognized school, association, society, or other

4089     body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
4090     regulated occupation or profession if the individual does not establish a place of business or
4091     regularly engage in the practice of the regulated occupation or profession in this state;
4092          (f) an individual licensed under the laws of this state, other than under this title, to
4093     practice or engage in an occupation or profession, while engaged in the lawful, professional,
4094     and competent practice of that occupation or profession;
4095          (g) an individual licensed in a health care profession in another state who performs that
4096     profession while attending to the immediate needs of a patient for a reasonable period during
4097     which the patient is being transported from outside of this state, into this state, or through this
4098     state;
4099          (h) an individual licensed in another state or country who is in this state temporarily to
4100     attend to the needs of an athletic team or group, except that the practitioner may only attend to
4101     the needs of the athletic team or group, including all individuals who travel with the team or
4102     group in any capacity except as a spectator;
4103          (i) an individual licensed and in good standing in another state, who is in this state:
4104          (i) temporarily, under the invitation and control of a sponsoring entity;
4105          (ii) for a reason associated with a special purpose event, based upon needs that may
4106     exceed the ability of this state to address through its licensees, as determined by the division;
4107     and
4108          (iii) for a limited period of time not to exceed the duration of that event, together with
4109     any necessary preparatory and conclusionary periods; and
4110          (j) the spouse of an individual serving in the armed forces of the United States while
4111     the individual is stationed within this state, provided:
4112          (i) the spouse holds a valid license to practice a regulated occupation or profession
4113     issued by any other state or jurisdiction recognized by the division; and
4114          (ii) the license is current and the spouse is in good standing in the state of licensure.
4115          (2) (a) A practitioner temporarily in this state who is exempted from licensure under
4116     Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
4117     practitioner derives authority to practice.
4118          (b) Violation of a limitation imposed by this section constitutes grounds for removal of
4119     exempt status, denial of license, or other disciplinary proceedings.

4120          (3) An individual who is licensed under a specific chapter of this title to practice or
4121     engage in an occupation or profession may engage in the lawful, professional, and competent
4122     practice of that occupation or profession without additional licensure under other chapters of
4123     this title, except as otherwise provided by this title.
4124          (4) Upon the declaration of a national, state, or local emergency, a public health
4125     emergency as defined in Section 26-23b-102, or a declaration by the president of the United
4126     States or other federal official requesting public health-related activities, the division in
4127     collaboration with the board may:
4128          (a) suspend the requirements for permanent or temporary licensure of individuals who
4129     are licensed in another state for the duration of the emergency while engaged in the scope of
4130     practice for which they are licensed in the other state;
4131          (b) modify, under the circumstances described in this Subsection (4) and Subsection
4132     (5), the scope of practice restrictions under this title for individuals who are licensed under this
4133     title as:
4134          (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
4135     Osteopathic Medical Practice Act;
4136          (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter [31c] 31e, Nurse
4137     Licensure Compact - Revised;
4138          (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
4139          (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
4140     Pharmacy Practice Act;
4141          (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
4142          (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
4143     Practice Act; and
4144          (vii) a physician assistant under Chapter 70a, Physician Assistant Act;
4145          (c) suspend the requirements for licensure under this title and modify the scope of
4146     practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
4147     services personnel or paramedics required to be licensed under Section 26-8a-302;
4148          (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
4149     certain prescriptive procedures;
4150          (e) exempt or modify the requirement for licensure of an individual who is activated as

4151     a member of a medical reserve corps during a time of emergency as provided in Section
4152     26A-1-126; and
4153          (f) exempt or modify the requirement for licensure of an individual who is registered as
4154     a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
4155     Volunteer Health Practitioners Act.
4156          (5) Individuals exempt under Subsection (4)(c) and individuals operating under
4157     modified scope of practice provisions under Subsection (4)(b):
4158          (a) are exempt from licensure or subject to modified scope of practice for the duration
4159     of the emergency;
4160          (b) must be engaged in the distribution of medicines or medical devices in response to
4161     the emergency or declaration; and
4162          (c) must be employed by or volunteering for:
4163          (i) a local or state department of health; or
4164          (ii) a host entity as defined in Section 26-49-102.
4165          (6) In accordance with the protocols established under Subsection (8), upon the
4166     declaration of a national, state, or local emergency, the Department of Health or a local health
4167     department shall coordinate with public safety authorities as defined in Subsection
4168     26-23b-110(1) and may:
4169          (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
4170     controlled substance to prevent or treat a disease or condition that gave rise to, or was a
4171     consequence of, the emergency; or
4172          (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
4173     a controlled substance:
4174          (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
4175     pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
4176     is exhausted; or
4177          (ii) for dispensing or direct administration to treat the disease or condition that gave
4178     rise to, or was a consequence of, the emergency by:
4179          (A) a pharmacy;
4180          (B) a prescribing practitioner;
4181          (C) a licensed health care facility;

4182          (D) a federally qualified community health clinic; or
4183          (E) a governmental entity for use by a community more than 50 miles from a person
4184     described in Subsections (6)(b)(ii)(A) through (D).
4185          (7) In accordance with protocols established under Subsection (8), upon the declaration
4186     of a national, state, or local emergency, the Department of Health shall coordinate the
4187     distribution of medications:
4188          (a) received from the strategic national stockpile to local health departments; and
4189          (b) from local health departments to emergency personnel within the local health
4190     departments' geographic region.
4191          (8) The Department of Health shall establish by rule, made in accordance with Title
4192     63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
4193     and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
4194     not a controlled substance in the event of a declaration of a national, state, or local emergency.
4195     The protocol shall establish procedures for the Department of Health or a local health
4196     department to:
4197          (a) coordinate the distribution of:
4198          (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
4199     controlled substance received by the Department of Health from the strategic national stockpile
4200     to local health departments; and
4201          (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
4202     medication received by a local health department to emergency personnel within the local
4203     health department's geographic region;
4204          (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
4205     an antibiotic, or other prescription medication that is not a controlled substance to the contact
4206     of a patient without a patient-practitioner relationship, if the contact's condition is the same as
4207     that of the physician's patient; and
4208          (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
4209     an antibiotic, or other non-controlled prescription medication to an individual who:
4210          (i) is working in a triage situation;
4211          (ii) is receiving preventative or medical treatment in a triage situation;
4212          (iii) does not have coverage for the prescription in the individual's health insurance

4213     plan;
4214          (iv) is involved in the delivery of medical or other emergency services in response to
4215     the declared national, state, or local emergency; or
4216          (v) otherwise has a direct impact on public health.
4217          (9) The Department of Health shall give notice to the division upon implementation of
4218     the protocol established under Subsection (8).
4219          Section 74. Section 58-31b-308 is amended to read:
4220          58-31b-308. Exemptions from licensure.
4221          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
4222     persons may engage in acts included within the definition of the practice of nursing, subject to
4223     the stated circumstances and limitations, without being licensed under this chapter:
4224          (a) friends, family members, foster parents, or legal guardians of a patient performing
4225     gratuitous nursing care for the patient;
4226          (b) persons providing care in a medical emergency;
4227          (c) persons engaged in the practice of religious tenets of a church or religious
4228     denomination; and
4229          (d) after July 1, 2000, a person licensed to practice nursing by a jurisdiction that has
4230     joined the Nurse Licensure Compact - Revised to the extent permitted by Section [58-31c-102]
4231     58-31e-102.
4232          (2) Notwithstanding Subsection (1)(d), the division may, in accordance with Section
4233     [58-31c-102] 58-31e-102, limit or revoke practice privileges in this state of a person licensed to
4234     practice nursing by a jurisdiction that has joined the Nurse Licensing Compact.
4235          Section 75. Section 58-31b-401 is amended to read:
4236          58-31b-401. Grounds for denial of licensure or certification and disciplinary
4237     proceedings.
4238          (1) Grounds for refusal to issue a license to an applicant, for refusal to renew the
4239     license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee,
4240     to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be
4241     in accordance with Section 58-1-401.
4242          (2) If a court of competent jurisdiction determines a nurse is incapacitated as defined in
4243     Section 75-1-201 or that the nurse has a mental illness, as defined in Section 62A-15-602, and

4244     unable to safely engage in the practice of nursing, the director shall immediately suspend the
4245     license of the nurse upon the entry of the judgment of the court, without further proceedings
4246     under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal
4247     from the court's ruling is pending. The director shall promptly notify the nurse in writing of the
4248     suspension.
4249          (3) (a) If the division and the majority of the board find reasonable cause to believe a
4250     nurse who is not determined judicially to be an incapacitated person or to have a mental illness,
4251     is incapable of practicing nursing with reasonable skill regarding the safety of patients, because
4252     of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition,
4253     the board shall recommend that the director file a petition with the division, and cause the
4254     petition to be served upon the nurse with a notice of hearing on the sole issue of the capacity of
4255     the nurse to competently, safely engage in the practice of nursing.
4256          (b) The hearing shall be conducted under Section 58-1-109 and Title 63G, Chapter 4,
4257     Administrative Procedures Act, except as provided in Subsection (4).
4258          (4) (a) Every nurse who accepts the privilege of being licensed under this chapter gives
4259     consent to:
4260          (i) submitting to an immediate mental or physical examination, at the nurse's expense
4261     and by a division-approved practitioner selected by the nurse when directed in writing by the
4262     division and a majority of the board to do so; and
4263          (ii) the admissibility of the reports of the examining practitioner's testimony or
4264     examination, and waives all objections on the ground the reports constitute a privileged
4265     communication.
4266          (b) The examination may be ordered by the division, with the consent of a majority of
4267     the board, only upon a finding of reasonable cause to believe:
4268          (i) the nurse has a mental illness, is incapacitated, or otherwise unable to practice
4269     nursing with reasonable skill and safety; and
4270          (ii) immediate action by the division and the board is necessary to prevent harm to the
4271     nurse's patients or the general public.
4272          (c) (i) Failure of a nurse to submit to the examination ordered under this section is a
4273     ground for the division's immediate suspension of the nurse's license by written order of the
4274     director.

4275          (ii) The division may enter the order of suspension without further compliance with
4276     Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to
4277     submit to the examination ordered under this section was due to circumstances beyond the
4278     control of the nurse and was not related directly to the illness or incapacity of the nurse.
4279          (5) (a) A nurse whose license is suspended under Subsection (2), (3), or (4)(c) has the
4280     right to a hearing to appeal the suspension within 10 days after the license is suspended.
4281          (b) The hearing held under this Subsection (5) shall be conducted in accordance with
4282     Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists
4283     for the continuance of the order of suspension in order to prevent harm to the nurse's patients or
4284     the general public.
4285          (6) A nurse whose license is revoked, suspended, or in any way restricted under this
4286     section may request the division and the board to consider, at reasonable intervals, evidence
4287     presented by the nurse, under procedures established by division rule, regarding any change in
4288     the nurse's condition, to determine whether:
4289          (a) the nurse is or is not able to safely and competently engage in the practice of
4290     nursing; and
4291          (b) the nurse is qualified to have the nurse's license to practice under this chapter
4292     restored completely or in part.
4293          (7) Nothing in Section 63G-2-206 may be construed as limiting the authority of the
4294     division to report current significant investigative information to the coordinated licensure
4295     information system for transmission to party states as required of the division by Article VII of
4296     the Nurse Licensure Compact - Revised in Section [58-31c-102] 58-31e-102.
4297          (8) For purposes of this section:
4298          (a) "licensed" or "license" includes "certified" or "certification" under this chapter; and
4299          (b) any terms or conditions applied to the word "nurse" in this section also apply to a
4300     medication aide certified.
4301          Section 76. Section 58-55-305 is amended to read:
4302          58-55-305. Exemptions from licensure.
4303          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
4304     persons may engage in acts or practices included within the practice of construction trades,
4305     subject to the stated circumstances and limitations, without being licensed under this chapter:

4306          (a) an authorized representative of the United States government or an authorized
4307     employee of the state or any of its political subdivisions when working on construction work of
4308     the state or the subdivision, and when acting within the terms of the person's trust, office, or
4309     employment;
4310          (b) a person engaged in construction or operation incidental to the construction and
4311     repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
4312     districts, and drainage districts or construction and repair relating to farming, dairying,
4313     agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
4314     excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
4315     sites, and lumbering;
4316          (c) public utilities operating under the rules of the Public Service Commission on work
4317     incidental to their own business;
4318          (d) sole owners of property engaged in building:
4319          (i) no more than one residential structure per year and no more than three residential
4320     structures per five years on their property for their own noncommercial, nonpublic use; except,
4321     a person other than the property owner or individuals described in Subsection (1)(e), who
4322     engages in building the structure must be licensed under this chapter if the person is otherwise
4323     required to be licensed under this chapter; or
4324          (ii) structures on their property for their own noncommercial, nonpublic use which are
4325     incidental to a residential structure on the property, including sheds, carports, or detached
4326     garages;
4327          (e) (i) a person engaged in construction or renovation of a residential building for
4328     noncommercial, nonpublic use if that person:
4329          (A) works without compensation other than token compensation that is not considered
4330     salary or wages; and
4331          (B) works under the direction of the property owner who engages in building the
4332     structure; and
4333          (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
4334     by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
4335     exempted from licensure under this Subsection (1)(e), that is:
4336          (A) minimal in value when compared with the fair market value of the services

4337     provided by the person;
4338          (B) not related to the fair market value of the services provided by the person; and
4339          (C) is incidental to the providing of services by the person including paying for or
4340     providing meals or refreshment while services are being provided, or paying reasonable
4341     transportation costs incurred by the person in travel to the site of construction;
4342          (f) a person engaged in the sale or merchandising of personal property that by its design
4343     or manufacture may be attached, installed, or otherwise affixed to real property who has
4344     contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
4345     attach that property;
4346          (g) a contractor submitting a bid on a federal aid highway project, if, before
4347     undertaking construction under that bid, the contractor is licensed under this chapter;
4348          (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
4349     person engaged in the alteration, repair, remodeling, or addition to or improvement of a
4350     building with a contracted or agreed value of less than $3,000, including both labor and
4351     materials, and including all changes or additions to the contracted or agreed upon work; and
4352          (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
4353     section:
4354          (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
4355     any six month period of time:
4356          (I) must be performed by a licensed electrical or plumbing contractor, if the project
4357     involves an electrical or plumbing system; and
4358          (II) may be performed by a licensed journeyman electrician or plumber or an individual
4359     referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
4360     such as a faucet, toilet, fixture, device, outlet, or electrical switch;
4361          (B) installation, repair, or replacement of a residential or commercial gas appliance or a
4362     combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
4363     received certification under Subsection 58-55-308(2) except as otherwise provided in
4364     Subsection 58-55-308(2)(d) or 58-55-308(3);
4365          (C) installation, repair, or replacement of water-based fire protection systems on a
4366     Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
4367     contractor or a licensed journeyman plumber;

4368          (D) work as an alarm business or company or as an alarm company agent shall be
4369     performed by a licensed alarm business or company or a licensed alarm company agent, except
4370     as otherwise provided in this chapter;
4371          (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
4372     project must be performed by a licensed alarm business or company or a licensed alarm
4373     company agent;
4374          (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
4375     system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
4376     licensed by the division;
4377          (G) installation, repair, or replacement of a radon mitigation system or a soil
4378     depressurization system must be performed by a licensed contractor; and
4379          (H) if the total value of the project is greater than $1,000, the person shall file with the
4380     division a one-time affirmation, subject to periodic reaffirmation as established by division
4381     rule, that the person has:
4382          (I) public liability insurance in coverage amounts and form established by division
4383     rule; and
4384          (II) if applicable, workers compensation insurance which would cover an employee of
4385     the person if that employee worked on the construction project;
4386          (i) a person practicing a specialty contractor classification or construction trade which
4387     the director does not classify by administrative rule as significantly impacting the public's
4388     health, safety, and welfare;
4389          (j) owners and lessees of property and persons regularly employed for wages by owners
4390     or lessees of property or their agents for the purpose of maintaining the property, are exempt
4391     from this chapter when doing work upon the property;
4392          (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
4393     division by rule, to the replacement or repair of a fixture or an appliance in a residential or
4394     small commercial building, or structure used for agricultural use, as defined in Section
4395     15A-1-202, provided that no modification is made to:
4396          (A) existing culinary water, soil, waste, or vent piping; or
4397          (B) a gas appliance or combustion system; and
4398          (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or

4399     an appliance is not included in the exemption provided under Subsection (1)(k)(i);
4400          (l) a person who ordinarily would be subject to the plumber licensure requirements
4401     under this chapter when installing or repairing a water conditioner or other water treatment
4402     apparatus if the conditioner or apparatus:
4403          (i) meets the appropriate state construction codes or local plumbing standards; and
4404          (ii) is installed or repaired under the direction of a person authorized to do the work
4405     under an appropriate specialty contractor license;
4406          (m) a person who ordinarily would be subject to the electrician licensure requirements
4407     under this chapter when employed by:
4408          (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
4409     contractors or constructors, or street railway systems; or
4410          (ii) public service corporations, rural electrification associations, or municipal utilities
4411     who generate, distribute, or sell electrical energy for light, heat, or power;
4412          (n) a person involved in minor electrical work incidental to a mechanical or service
4413     installation, including the outdoor installation of an above-ground, prebuilt hot tub;
4414          (o) a person who ordinarily would be subject to the electrician licensure requirements
4415     under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
4416     contractor license for the electrical work associated with the installation, repair, or maintenance
4417     of solar energy panels, may continue the limited electrical work for solar energy panels under a
4418     specialty contractor license;
4419          (p) a student participating in construction trade education and training programs
4420     approved by the commission with the concurrence of the director under the condition that:
4421          (i) all work intended as a part of a finished product on which there would normally be
4422     an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
4423     building inspector; and
4424          (ii) a licensed contractor obtains the necessary building permits;
4425          (q) a delivery person when replacing any of the following existing equipment with a
4426     new gas appliance, provided there is an existing gas shutoff valve at the appliance:
4427          (i) gas range;
4428          (ii) gas dryer;
4429          (iii) outdoor gas barbeque; or

4430          (iv) outdoor gas patio heater;
4431          (r) a person performing maintenance on an elevator as defined in [Subsection] Section
4432     58-55-102[(14)], if the maintenance is not related to the operating integrity of the elevator; and
4433          (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
4434     working under the general direction of the licensed elevator mechanic.
4435          (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
4436     to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
4437     notify the division, in writing or through electronic transmission, of the issuance of the permit.
4438          Section 77. Section 58-61-714 is amended to read:
4439          58-61-714. Third party payment for licensed behavior analyst.
4440          Notwithstanding the provisions of Section 31A-22-618, payment from third party
4441     payers for behavior analysis may be limited to:
4442          (1) a licensed behavior analyst as defined in [58-61-701] Section 58-61-702; and
4443          (2) the following, working within the scope of their practice:
4444          (a) a physician licensed under Chapter 67, Utah Medical Practice Act or Chapter 68,
4445     Utah Osteopathic Medical Practice Act;
4446          (b) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice
4447     Act;
4448          (c) a psychologist licensed under this chapter;
4449          (d) a clinical social worker licensed under Chapter 60, Part 2, Social Worker Licensing
4450     Act;
4451          (e) a marriage and family therapist licensed under Chapter 60, Part 3, Marriage and
4452     Family Therapist Licensing Act; and
4453          (f) a clinical mental health counselor licensed under Chapter 60, Part 4, Clinical Mental
4454     Health Counselor Licensing Act.
4455          Section 78. Section 58-67-304 is amended to read:
4456          58-67-304. License renewal requirements.
4457          (1) As a condition precedent for license renewal, each licensee shall, during each
4458     two-year licensure cycle or other cycle defined by division rule:
4459          (a) complete qualified continuing professional education requirements in accordance
4460     with the number of hours and standards defined by division rule made in collaboration with the

4461     board;
4462          (b) appoint a contact person for access to medical records and an alternate contact
4463     person for access to medical records in accordance with Subsection 58-67-302(1)(j);
4464          (c) if the licensee practices medicine in a location with no other persons licensed under
4465     this chapter, provide some method of notice to the licensee's patients of the identity and
4466     location of the contact person and alternate contact person for the licensee; and
4467          (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
4468     successfully complete the educational methods and programs described in Subsection
4469     58-67-807(4).
4470          (2) If a renewal period is extended or shortened under Section 58-67-303, the
4471     continuing education hours required for license renewal under this section are increased or
4472     decreased proportionally.
4473          (3) An application to renew a license under this chapter shall:
4474          (a) require a physician to answer the following question: "Do you perform elective
4475     abortions in Utah in a location other than a hospital?"; and
4476          (b) immediately following the question, contain the following statement: "For purposes
4477     of the immediately preceding question, elective abortion means an abortion other than one of
4478     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
4479     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
4480     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
4481     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
4482     the woman is pregnant as a result of rape or incest."
4483          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
4484     to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
4485     Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
4486     division shall, within 30 days after the day on which it renews the physician's license under this
4487     chapter, inform the Department of Health in writing:
4488          (a) of the name and business address of the physician; and
4489          (b) that the physician responded positively to the question described in Subsection
4490     (3)(a).
4491          (5) The division shall accept and apply toward the hour requirement in Subsection

4492     (1)(a) [and] any continuing education that a physician completes in accordance with Sections
4493     26-61a-106, 26-61a-403, and 26-61a-601.
4494          Section 79. Section 58-68-304 is amended to read:
4495          58-68-304. License renewal requirements.
4496          (1) As a condition precedent for license renewal, each licensee shall, during each
4497     two-year licensure cycle or other cycle defined by division rule:
4498          (a) complete qualified continuing professional education requirements in accordance
4499     with the number of hours and standards defined by division rule in collaboration with the
4500     board;
4501          (b) appoint a contact person for access to medical records and an alternate contact
4502     person for access to medical records in accordance with Subsection 58-68-302(1)(j);
4503          (c) if the licensee practices osteopathic medicine in a location with no other persons
4504     licensed under this chapter, provide some method of notice to the licensee's patients of the
4505     identity and location of the contact person and alternate contact person for access to medical
4506     records for the licensee in accordance with Subsection 58-68-302(1)(k); and
4507          (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
4508     successfully complete the educational methods and programs described in Subsection
4509     58-68-807(4).
4510          (2) If a renewal period is extended or shortened under Section 58-68-303, the
4511     continuing education hours required for license renewal under this section are increased or
4512     decreased proportionally.
4513          (3) An application to renew a license under this chapter shall:
4514          (a) require a physician to answer the following question: "Do you perform elective
4515     abortions in Utah in a location other than a hospital?"; and
4516          (b) immediately following the question, contain the following statement: "For purposes
4517     of the immediately preceding question, elective abortion means an abortion other than one of
4518     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
4519     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
4520     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
4521     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
4522     the woman is pregnant as a result of rape or incest."

4523          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
4524     to the licensing of an abortion clinic, if a physician responds positively to the question
4525     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
4526     renews the physician's license under this chapter, inform the Department of Health in writing:
4527          (a) of the name and business address of the physician; and
4528          (b) that the physician responded positively to the question described in Subsection
4529     (3)(a).
4530          (5) The division shall accept and apply toward the hour requirement in Subsection
4531     (1)(a) [and] any continuing education that a physician completes in accordance with Sections
4532     26-61a-106, 26-61a-403, and 26-61a-601.
4533          Section 80. Section 58-80a-102 is amended to read:
4534          58-80a-102. Definitions.
4535          As used in this chapter:
4536          (1) "Certified medical language interpreter" means a medical language interpreter who
4537     has received a certificate from the division under this chapter.
4538          (2) "Health care provider" means a person licensed under:
4539          (a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
4540          (b) Title 58, Chapter 16a, Utah Optometry Practice Act;
4541          (c) Title 58, Chapter 17b, Pharmacy Practice Act;
4542          (d) Title 58, Chapter 24b, Physical Therapy Practice Act;
4543          (e) Title 58, Chapter 31b, Nurse Practice Act;
4544          (f) Title 58, Chapter [31c] 31e, Nurse Licensure Compact - Revised;
4545          (g) Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact;
4546          (h) Title 58, Chapter 44a, Nurse Midwife Practice Act;
4547          (i) Title 58, Chapter 57, Respiratory Care Practices Act;
4548          (j) Title 58, Chapter 60, Mental Health Professional Practice Act;
4549          (k) Title 58, Chapter 61, Psychologist Licensing Act;
4550          (l) Title 58, Chapter 67, Utah Medical Practice Act;
4551          (m) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
4552          (n) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
4553          (o) Title 58, Chapter 70a, Physician Assistant Act;

4554          (p) Title 58, Chapter 71, Naturopathic Physician Practice Act;
4555          (q) Title 58, Chapter 73, Chiropractic Physician Practice Act; or
4556          (r) Title 58, Chapter 77, Direct-Entry Midwife Act.
4557          (3) "Medical language interpreter" means a person who, for compensation, performs
4558     verbal language interpretation services between a health care provider who speaks English and
4559     another person for the purpose of assisting the person in seeking or obtaining medical advice,
4560     diagnoses, or treatment.
4561          (4) "National certification organization" means one of the following national
4562     organizations that certifies medical interpreters:
4563          (a) the National Board of Certification for Medical Interpreters; or
4564          (b) the Certification Commission for Healthcare Interpreters.
4565          (5) "National standards of practice" means the National Standards of Practice,
4566     published by the National Council on Interpreting in Health Care.
4567          Section 81. Section 59-1-306 is amended to read:
4568          59-1-306. Definition -- State Tax Commission Administrative Charge Account --
4569     Amount of administrative charge -- Deposit of revenues into the restricted account --
4570     Interest deposited into General Fund -- Expenditure of money deposited into the
4571     restricted account.
4572          (1) As used in this section, "qualifying tax, fee, or charge" means a tax, fee, or charge
4573     the commission administers under:
4574          (a) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
4575          (b) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
4576          (c) Section 19-6-714;
4577          (d) Section 19-6-805;
4578          (e) Chapter 12, Sales and Use Tax Act, other than a tax under Chapter 12, Part 1, Tax
4579     Collection, or Chapter 12, Part 18, Additional State Sales and Use Tax Act;
4580          (f) Section 59-27-105;
4581          (g) Section 63H-1-205; or
4582          [(g)] (h) Title 69, Chapter 2, Part 4, 911 Emergency Service Charges[; or].
4583          [(h) Section 63H-1-205.]
4584          (2) There is created a restricted account within the General Fund known as the "State

4585     Tax Commission Administrative Charge Account."
4586          (3) Subject to the other provisions of this section, the restricted account shall consist of
4587     administrative charges the commission retains and deposits in accordance with this section.
4588          (4) For purposes of this section, the administrative charge is a percentage of revenues
4589     the commission collects from each qualifying tax, fee, or charge of not to exceed the lesser of:
4590          (a) 1.5%; or
4591          (b) an equal percentage of revenues the commission collects from each qualifying tax,
4592     fee, or charge sufficient to cover the cost to the commission of administering the qualifying
4593     taxes, fees, or charges.
4594          (5) The commission shall deposit an administrative charge into the restricted account.
4595          (6) Interest earned on the restricted account shall be deposited into the General Fund.
4596          (7) The commission shall expend money appropriated by the Legislature to the
4597     commission from the restricted account to administer qualifying taxes, fees, or charges.
4598          Section 82. Section 59-1-1409 is amended to read:
4599          59-1-1409. Definition -- Recomputation of amounts due -- Refunds allowed.
4600          (1) As used in this section, "overpayment" means the amount by which a tax, fee, or
4601     charge a person pays exceeds the amount of tax, fee, or charge the person owes.
4602          (2) If the commission determines that the correct amount of a tax, fee, or charge a
4603     person is required to remit is greater or less than the amount shown to be due on a return, the
4604     commission shall:
4605          (a) recompute the tax, fee, or charge; and
4606          (b) mail notice to the person:
4607          (i) that the commission recomputed the tax, fee, or charge; and
4608          (ii) in accordance with Section 59-1-1404.
4609          (3) If the amount of a tax, fee, or charge a person pays exceeds the amount of tax, fee,
4610     or charge the person owes, the commission shall:
4611          (a) credit the overpayment against any liability the person owes; and
4612          (b) refund any balance to:
4613          (i) the person; or
4614          (ii) (A) the person's [assign] assignee;
4615          (B) the person's personal representative;

4616          (C) the person's successor; or
4617          (D) a person similar to Subsections (3)(b)(ii)(A) through (C) as determined by the
4618     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
4619     Rulemaking Act.
4620          (4) The commission may not credit or refund interest on an overpayment to a person if
4621     the commission determines that the overpayment was made for the purpose of investment.
4622          (5) If the commission erroneously determines an amount of tax, fee, or charge to be
4623     due from a person, the commission shall:
4624          (a) authorize the amount to be cancelled upon the commission's records; and
4625          (b) mail notice to the person:
4626          (i) that the commission cancelled the amount upon the commission's records; and
4627          (ii) in accordance with Section 59-1-1404.
4628          Section 83. Section 59-2-1004 is amended to read:
4629          59-2-1004. Appeal to county board of equalization -- Real property -- Time
4630     period for appeal -- Public hearing requirements -- Decision of board -- Extensions
4631     approved by commission -- Appeal to commission.
4632          (1) (a) A taxpayer dissatisfied with the valuation or the equalization of the taxpayer's
4633     real property may make an application to appeal by:
4634          (i) filing the application with the county board of equalization within the time period
4635     described in Subsection (2); or
4636          (ii) making an application by telephone or other electronic means within the time
4637     period described in Subsection (2) if the county legislative body passes a resolution under
4638     Subsection (7) authorizing a taxpayer to make an application by telephone or other electronic
4639     means.
4640          (b) The county board of equalization shall make a rule describing the contents of the
4641     application.
4642          (2) (a) Except as provided in Subsection (2)(b) and for purposes of Subsection (1), a
4643     taxpayer shall make an application to appeal the valuation or the equalization of the taxpayer's
4644     real property on or before the later of:
4645          (i) September 15 of the current calendar year; or
4646          (ii) the last day of a 45-day period beginning on the day on which the county auditor

4647     provides the notice under Section 59-2-919.1.
4648          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4649     commission shall make rules providing for circumstances under which the county board of
4650     equalization is required to accept an application to appeal that is filed after the time period
4651     prescribed in Subsection (2)(a).
4652          (3) The owner shall include in the application under Subsection (1)(a)(i) the owner's
4653     estimate of the fair market value of the property and any evidence that may indicate that the
4654     assessed valuation of the owner's property is improperly equalized with the assessed valuation
4655     of comparable properties.
4656          (4) In reviewing evidence submitted to a county board of equalization by or on behalf
4657     of an owner or a county assessor, the county board of equalization shall consider and weigh:
4658          (a) the accuracy, reliability, and comparability of the evidence presented by the owner
4659     or the county assessor;
4660          (b) if submitted, the sales price of relevant property that was under contract for sale as
4661     of the lien date but sold after the lien date;
4662          (c) if submitted, the sales offering price of property that was offered for sale as of the
4663     lien date but did not sell, including considering and weighing the amount of time for which,
4664     and manner in which, the property was offered for sale; and
4665          (d) if submitted, other evidence that is relevant to determining the fair market value of
4666     the property.
4667          (5) (a) The county board of equalization shall meet and hold public hearings as
4668     described in Section 59-2-1001.
4669          (b) (i) For purposes of this Subsection (5)(b), "significant adjustment" means a
4670     proposed adjustment to the valuation of real property that:
4671          (A) is to be made by a county board of equalization; and
4672          (B) would result in a valuation that differs from the original assessed value by at least
4673     20% and $1,000,000.
4674          (ii) When a county board of equalization is going to consider a significant adjustment,
4675     the county board of equalization shall:
4676          (A) list the significant adjustment as a separate item on the agenda of the public
4677     hearing at which the county board of equalization is going to consider the significant

4678     adjustment; and
4679          (B) for purposes of the agenda described in Subsection (5)(b)(ii)(A), provide a
4680     description of the property for which the county board of equalization is considering a
4681     significant adjustment.
4682          (c) The county board of equalization shall make a decision on each appeal filed in
4683     accordance with this section within 60 days after the day on which the taxpayer makes an
4684     application.
4685          (d) The commission may approve the extension of a time period provided for in
4686     Subsection (5)[(b)](c) for a county board of equalization to make a decision on an appeal.
4687          (e) Unless the commission approves the extension of a time period under Subsection
4688     (5)(d), if a county board of equalization fails to make a decision on an appeal within the time
4689     period described in Subsection (5)(c), the county legislative body shall:
4690          (i) list the appeal, by property owner and parcel number, on the agenda for the next
4691     meeting the county legislative body holds after the expiration of the time period described in
4692     Subsection (5)(c); and
4693          (ii) hear the appeal at the meeting described in Subsection (5)(e)(i).
4694          (f) The decision of the county board of equalization shall contain:
4695          (i) a determination of the valuation of the property based on fair market value; and
4696          (ii) a conclusion that the fair market value is properly equalized with the assessed value
4697     of comparable properties.
4698          (g) If no evidence is presented before the county board of equalization, the county
4699     board of equalization shall presume that the equalization issue has been met.
4700          (h) (i) If the fair market value of the property that is the subject of the appeal deviates
4701     plus or minus 5% from the assessed value of comparable properties, the county board of
4702     equalization shall adjust the valuation of the appealed property to reflect a value equalized with
4703     the assessed value of comparable properties.
4704          (ii) Subject to Sections 59-2-301.1, 59-2-301.2, 59-2-301.3, and 59-2-301.4, equalized
4705     value established under Subsection (5)(h)(i) shall be the assessed value for property tax
4706     purposes until the county assessor is able to evaluate and equalize the assessed value of all
4707     comparable properties to bring all comparable properties into conformity with full fair market
4708     value.

4709          (6) If any taxpayer is dissatisfied with the decision of the county board of equalization,
4710     the taxpayer may file an appeal with the commission as described in Section 59-2-1006.
4711          (7) A county legislative body may pass a resolution authorizing taxpayers owing taxes
4712     on property assessed by that county to file property tax appeals applications under this section
4713     by telephone or other electronic means.
4714          Section 84. Section 59-12-103 is amended to read:
4715          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
4716     tax revenues.
4717          (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
4718     sales price for amounts paid or charged for the following transactions:
4719          (a) retail sales of tangible personal property made within the state;
4720          (b) amounts paid for:
4721          (i) telecommunications service, other than mobile telecommunications service, that
4722     originates and terminates within the boundaries of this state;
4723          (ii) mobile telecommunications service that originates and terminates within the
4724     boundaries of one state only to the extent permitted by the Mobile Telecommunications
4725     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
4726          (iii) an ancillary service associated with a:
4727          (A) telecommunications service described in Subsection (1)(b)(i); or
4728          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
4729          (c) sales of the following for commercial use:
4730          (i) gas;
4731          (ii) electricity;
4732          (iii) heat;
4733          (iv) coal;
4734          (v) fuel oil; or
4735          (vi) other fuels;
4736          (d) sales of the following for residential use:
4737          (i) gas;
4738          (ii) electricity;
4739          (iii) heat;

4740          (iv) coal;
4741          (v) fuel oil; or
4742          (vi) other fuels;
4743          (e) sales of prepared food;
4744          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
4745     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
4746     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
4747     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
4748     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
4749     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
4750     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
4751     horseback rides, sports activities, or any other amusement, entertainment, recreation,
4752     exhibition, cultural, or athletic activity;
4753          (g) amounts paid or charged for services for repairs or renovations of tangible personal
4754     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
4755          (i) the tangible personal property; and
4756          (ii) parts used in the repairs or renovations of the tangible personal property described
4757     in Subsection (1)(g)(i), regardless of whether:
4758          (A) any parts are actually used in the repairs or renovations of that tangible personal
4759     property; or
4760          (B) the particular parts used in the repairs or renovations of that tangible personal
4761     property are exempt from a tax under this chapter;
4762          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
4763     assisted cleaning or washing of tangible personal property;
4764          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
4765     accommodations and services that are regularly rented for less than 30 consecutive days;
4766          (j) amounts paid or charged for laundry or dry cleaning services;
4767          (k) amounts paid or charged for leases or rentals of tangible personal property if within
4768     this state the tangible personal property is:
4769          (i) stored;
4770          (ii) used; or

4771          (iii) otherwise consumed;
4772          (l) amounts paid or charged for tangible personal property if within this state the
4773     tangible personal property is:
4774          (i) stored;
4775          (ii) used; or
4776          (iii) consumed; and
4777          (m) amounts paid or charged for a sale:
4778          (i) (A) of a product transferred electronically; or
4779          (B) of a repair or renovation of a product transferred electronically; and
4780          (ii) regardless of whether the sale provides:
4781          (A) a right of permanent use of the product; or
4782          (B) a right to use the product that is less than a permanent use, including a right:
4783          (I) for a definite or specified length of time; and
4784          (II) that terminates upon the occurrence of a condition.
4785          (2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
4786     [is] are imposed on a transaction described in Subsection (1) equal to the sum of:
4787          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
4788          (A) (I) through March 31, 2019, 4.70%; and
4789          (II) beginning on April 1, 2019, 4.70% plus the rate specified in Subsection (14)(a); and
4790          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
4791     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
4792     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
4793     State Sales and Use Tax Act; and
4794          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
4795     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
4796     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
4797     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
4798          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
4799     transaction under this chapter other than this part.
4800          (b) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax [is] are
4801     imposed on a transaction described in Subsection (1)(d) equal to the sum of:

4802          (i) a state tax imposed on the transaction at a tax rate of 2%; and
4803          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
4804     transaction under this chapter other than this part.
4805          (c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax [is] are
4806     imposed on amounts paid or charged for food and food ingredients equal to the sum of:
4807          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
4808     a tax rate of 1.75%; and
4809          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
4810     amounts paid or charged for food and food ingredients under this chapter other than this part.
4811          (d) (i) For a bundled transaction that is attributable to food and food ingredients and
4812     tangible personal property other than food and food ingredients, a state tax and a local tax is
4813     imposed on the entire bundled transaction equal to the sum of:
4814          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
4815          (I) the tax rate described in Subsection (2)(a)(i)(A); and
4816          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
4817     Sales and Use Tax Act, if the location of the transaction as determined under Sections
4818     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
4819     Additional State Sales and Use Tax Act; and
4820          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
4821     Sales and Use Tax Act, if the location of the transaction as determined under Sections
4822     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
4823     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
4824          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
4825     described in Subsection (2)(a)(ii).
4826          (ii) If an optional computer software maintenance contract is a bundled transaction that
4827     consists of taxable and nontaxable products that are not separately itemized on an invoice or
4828     similar billing document, the purchase of the optional computer software maintenance contract
4829     is 40% taxable under this chapter and 60% nontaxable under this chapter.
4830          (iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
4831     transaction described in Subsection (2)(d)(i) or (ii):
4832          (A) if the sales price of the bundled transaction is attributable to tangible personal

4833     property, a product, or a service that is subject to taxation under this chapter and tangible
4834     personal property, a product, or service that is not subject to taxation under this chapter, the
4835     entire bundled transaction is subject to taxation under this chapter unless:
4836          (I) the seller is able to identify by reasonable and verifiable standards the tangible
4837     personal property, product, or service that is not subject to taxation under this chapter from the
4838     books and records the seller keeps in the seller's regular course of business; or
4839          (II) state or federal law provides otherwise; or
4840          (B) if the sales price of a bundled transaction is attributable to two or more items of
4841     tangible personal property, products, or services that are subject to taxation under this chapter
4842     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
4843     higher tax rate unless:
4844          (I) the seller is able to identify by reasonable and verifiable standards the tangible
4845     personal property, product, or service that is subject to taxation under this chapter at the lower
4846     tax rate from the books and records the seller keeps in the seller's regular course of business; or
4847          (II) state or federal law provides otherwise.
4848          (iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
4849     seller's regular course of business includes books and records the seller keeps in the regular
4850     course of business for nontax purposes.
4851          (e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
4852     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
4853     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
4854     of tangible personal property, other property, a product, or a service that is not subject to
4855     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
4856     the seller, at the time of the transaction:
4857          (A) separately states the portion of the transaction that is not subject to taxation under
4858     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
4859          (B) is able to identify by reasonable and verifiable standards, from the books and
4860     records the seller keeps in the seller's regular course of business, the portion of the transaction
4861     that is not subject to taxation under this chapter.
4862          (ii) A purchaser and a seller may correct the taxability of a transaction if:
4863          (A) after the transaction occurs, the purchaser and the seller discover that the portion of

4864     the transaction that is not subject to taxation under this chapter was not separately stated on an
4865     invoice, bill of sale, or similar document provided to the purchaser because of an error or
4866     ignorance of the law; and
4867          (B) the seller is able to identify by reasonable and verifiable standards, from the books
4868     and records the seller keeps in the seller's regular course of business, the portion of the
4869     transaction that is not subject to taxation under this chapter.
4870          (iii) For purposes of Subsections (2)(e)(i) and (ii), books and records that a seller keeps
4871     in the seller's regular course of business includes books and records the seller keeps in the
4872     regular course of business for nontax purposes.
4873          (f) (i) If the sales price of a transaction is attributable to two or more items of tangible
4874     personal property, products, or services that are subject to taxation under this chapter at
4875     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
4876     unless the seller, at the time of the transaction:
4877          (A) separately states the items subject to taxation under this chapter at each of the
4878     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
4879          (B) is able to identify by reasonable and verifiable standards the tangible personal
4880     property, product, or service that is subject to taxation under this chapter at the lower tax rate
4881     from the books and records the seller keeps in the seller's regular course of business.
4882          (ii) For purposes of Subsection (2)(f)(i), books and records that a seller keeps in the
4883     seller's regular course of business includes books and records the seller keeps in the regular
4884     course of business for nontax purposes.
4885          (g) Subject to Subsections (2)(h) and (i), a tax rate repeal or tax rate change for a tax
4886     rate imposed under the following shall take effect on the first day of a calendar quarter:
4887          (i) Subsection (2)(a)(i)(A);
4888          (ii) Subsection (2)(b)(i);
4889          (iii) Subsection (2)(c)(i); or
4890          (iv) Subsection (2)(d)(i)(A)(I).
4891          (h) (i) A tax rate increase takes effect on the first day of the first billing period that
4892     begins on or after the effective date of the tax rate increase if the billing period for the
4893     transaction begins before the effective date of a tax rate increase imposed under:
4894          (A) Subsection (2)(a)(i)(A);

4895          (B) Subsection (2)(b)(i);
4896          (C) Subsection (2)(c)(i); or
4897          (D) Subsection (2)(d)(i)(A)(I).
4898          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
4899     statement for the billing period is rendered on or after the effective date of the repeal of the tax
4900     or the tax rate decrease imposed under:
4901          (A) Subsection (2)(a)(i)(A);
4902          (B) Subsection (2)(b)(i);
4903          (C) Subsection (2)(c)(i); or
4904          (D) Subsection (2)(d)(i)(A)(I).
4905          (i) (i) For a tax rate described in Subsection (2)(i)(ii), if a tax due on a catalogue sale is
4906     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
4907     change in a tax rate takes effect:
4908          (A) on the first day of a calendar quarter; and
4909          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
4910          (ii) Subsection (2)(i)(i) applies to the tax rates described in the following:
4911          (A) Subsection (2)(a)(i)(A);
4912          (B) Subsection (2)(b)(i);
4913          (C) Subsection (2)(c)(i); or
4914          (D) Subsection (2)(d)(i)(A)(I).
4915          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4916     the commission may by rule define the term "catalogue sale."
4917          (3) (a) The following state taxes shall be deposited into the General Fund:
4918          (i) the tax imposed by Subsection (2)(a)(i)(A);
4919          (ii) the tax imposed by Subsection (2)(b)(i);
4920          (iii) the tax imposed by Subsection (2)(c)(i); or
4921          (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
4922          (b) The following local taxes shall be distributed to a county, city, or town as provided
4923     in this chapter:
4924          (i) the tax imposed by Subsection (2)(a)(ii);
4925          (ii) the tax imposed by Subsection (2)(b)(ii);

4926          (iii) the tax imposed by Subsection (2)(c)(ii); and
4927          (iv) the tax imposed by Subsection (2)(d)(i)(B).
4928          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
4929     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
4930     through (g):
4931          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
4932          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
4933          (B) for the fiscal year; or
4934          (ii) $17,500,000.
4935          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
4936     described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
4937     Department of Natural Resources to:
4938          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
4939     protect sensitive plant and animal species; or
4940          (B) award grants, up to the amount authorized by the Legislature in an appropriations
4941     act, to political subdivisions of the state to implement the measures described in Subsections
4942     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
4943          (ii) Money transferred to the Department of Natural Resources under Subsection
4944     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
4945     person to list or attempt to have listed a species as threatened or endangered under the
4946     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
4947          (iii) At the end of each fiscal year:
4948          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
4949     Conservation and Development Fund created in Section 73-10-24;
4950          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
4951     Program Subaccount created in Section 73-10c-5; and
4952          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
4953     Program Subaccount created in Section 73-10c-5.
4954          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
4955     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
4956     created in Section 4-18-106.

4957          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
4958     in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
4959     Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
4960     water rights.
4961          (ii) At the end of each fiscal year:
4962          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
4963     Conservation and Development Fund created in Section 73-10-24;
4964          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
4965     Program Subaccount created in Section 73-10c-5; and
4966          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
4967     Program Subaccount created in Section 73-10c-5.
4968          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
4969     in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
4970     Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
4971          (ii) In addition to the uses allowed of the Water Resources Conservation and
4972     Development Fund under Section 73-10-24, the Water Resources Conservation and
4973     Development Fund may also be used to:
4974          (A) conduct hydrologic and geotechnical investigations by the Division of Water
4975     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
4976     quantifying surface and ground water resources and describing the hydrologic systems of an
4977     area in sufficient detail so as to enable local and state resource managers to plan for and
4978     accommodate growth in water use without jeopardizing the resource;
4979          (B) fund state required dam safety improvements; and
4980          (C) protect the state's interest in interstate water compact allocations, including the
4981     hiring of technical and legal staff.
4982          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
4983     in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
4984     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
4985          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
4986     in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
4987     created in Section 73-10c-5 for use by the Division of Drinking Water to:

4988          (i) provide for the installation and repair of collection, treatment, storage, and
4989     distribution facilities for any public water system, as defined in Section 19-4-102;
4990          (ii) develop underground sources of water, including springs and wells; and
4991          (iii) develop surface water sources.
4992          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
4993     2006, the difference between the following amounts shall be expended as provided in this
4994     Subsection (5), if that difference is greater than $1:
4995          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
4996     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
4997          (ii) $17,500,000.
4998          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
4999          (A) transferred each fiscal year to the Department of Natural Resources as dedicated
5000     credits; and
5001          (B) expended by the Department of Natural Resources for watershed rehabilitation or
5002     restoration.
5003          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
5004     in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
5005     created in Section 73-10-24.
5006          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
5007     remaining difference described in Subsection (5)(a) shall be:
5008          (A) transferred each fiscal year to the Division of Water Resources as dedicated
5009     credits; and
5010          (B) expended by the Division of Water Resources for cloud-seeding projects
5011     authorized by Title 73, Chapter 15, Modification of Weather.
5012          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
5013     in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
5014     created in Section 73-10-24.
5015          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
5016     remaining difference described in Subsection (5)(a) shall be deposited into the Water
5017     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
5018     Division of Water Resources for:

5019          (i) preconstruction costs:
5020          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
5021     26, Bear River Development Act; and
5022          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
5023     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
5024          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
5025     Chapter 26, Bear River Development Act;
5026          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
5027     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
5028          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
5029     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
5030          (e) After making the transfers required by Subsections (5)(b) and (c) and subject to
5031     Subsection (5)(f), 15% of the remaining difference described in Subsection (5)(a) shall be
5032     transferred each year as dedicated credits to the Division of Water Rights to cover the costs
5033     incurred for employing additional technical staff for the administration of water rights.
5034          (f) At the end of each fiscal year, any unexpended dedicated credits described in
5035     Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
5036     Fund created in Section 73-10-24.
5037          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
5038     amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
5039     (1) for the fiscal year shall be deposited as follows:
5040          (a) for fiscal year 2016-17 only, 100% of the revenue described in this Subsection (6)
5041     shall be deposited into the Transportation Investment Fund of 2005 created by Section
5042     72-2-124;
5043          (b) for fiscal year 2017-18 only:
5044          (i) 80% of the revenue described in this Subsection (6) shall be deposited into the
5045     Transportation Investment Fund of 2005 created by Section 72-2-124; and
5046          (ii) 20% of the revenue described in this Subsection (6) shall be deposited into the
5047     Water Infrastructure Restricted Account created by Section 73-10g-103;
5048          (c) for fiscal year 2018-19 only:
5049          (i) 60% of the revenue described in this Subsection (6) shall be deposited into the

5050     Transportation Investment Fund of 2005 created by Section 72-2-124; and
5051          (ii) 40% of the revenue described in this Subsection (6) shall be deposited into the
5052     Water Infrastructure Restricted Account created by Section 73-10g-103;
5053          (d) for fiscal year 2019-20 only:
5054          (i) 40% of the revenue described in this Subsection (6) shall be deposited into the
5055     Transportation Investment Fund of 2005 created by Section 72-2-124; and
5056          (ii) 60% of the revenue described in this Subsection (6) shall be deposited into the
5057     Water Infrastructure Restricted Account created by Section 73-10g-103;
5058          (e) for fiscal year 2020-21 only:
5059          (i) 20% of the revenue described in this Subsection (6) shall be deposited into the
5060     Transportation Investment Fund of 2005 created by Section 72-2-124; and
5061          (ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
5062     Water Infrastructure Restricted Account created by Section 73-10g-103; and
5063          (f) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
5064     in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
5065     created by Section 73-10g-103.
5066          (7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
5067     Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
5068     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
5069     created by Section 72-2-124:
5070          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
5071     the revenues collected from the following taxes, which represents a portion of the
5072     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
5073     on vehicles and vehicle-related products:
5074          (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
5075          (B) the tax imposed by Subsection (2)(b)(i);
5076          (C) the tax imposed by Subsection (2)(c)(i); and
5077          (D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
5078          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
5079     current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
5080     (D) that exceeds the amount collected from the sales and use taxes described in Subsections

5081     (7)(a)(i)(A) through (D) in the 2010-11 fiscal year.
5082          (b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
5083     the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
5084     lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through (D)
5085     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
5086     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
5087     (7)(a) equal to the product of:
5088          (A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
5089     previous fiscal year; and
5090          (B) the total sales and use tax revenue generated by the taxes described in Subsections
5091     (7)(a)(i)(A) through (D) in the current fiscal year.
5092          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
5093     Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
5094     described in Subsections (7)(a)(i)(A) through (D) in the current fiscal year, the Division of
5095     Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
5096     Subsections (7)(a)(i)(A) through (D) for the current fiscal year under Subsection (7)(a).
5097          (iii) In all subsequent fiscal years after a year in which 17% of the revenues collected
5098     from the sales and use taxes described in Subsections (7)(a)(i)(A) through (D) was deposited
5099     under Subsection (7)(a), the Division of Finance shall annually deposit 17% of the revenues
5100     collected from the sales and use taxes described in Subsections (7)(a)(i)(A) through (D) in the
5101     current fiscal year under Subsection (7)(a).
5102          (8) (a) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited
5103     under Subsections (6) and (7), for the 2016-17 fiscal year only, the Division of Finance shall
5104     deposit $64,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into
5105     the Transportation Investment Fund of 2005 created by Section 72-2-124.
5106          (b) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
5107     Subsections (6) and (7), for the 2017-18 fiscal year only, the Division of Finance shall deposit
5108     $63,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
5109     Transportation Investment Fund of 2005 created by Section 72-2-124.
5110          (c) (i) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
5111     Subsections (6) and (7), and subject to Subsection (8)(c)(ii), for a fiscal year beginning on or

5112     after July 1, 2018, the commission shall annually deposit into the Transportation Investment
5113     Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under Subsection (3)(a)
5114     in an amount equal to 3.68% of the revenues collected from the following taxes:
5115          (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
5116          (B) the tax imposed by Subsection (2)(b)(i);
5117          (C) the tax imposed by Subsection (2)(c)(i); and
5118          (D) the tax imposed by Subsection (2)(d)(i)(A)(I).
5119          (ii) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
5120     reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(c)(i)
5121     by an amount that is equal to 35% of the amount of revenue generated in the current fiscal year
5122     by the portion of the tax imposed on motor and special fuel that is sold, used, or received for
5123     sale or use in this state that exceeds 29.4 cents per gallon.
5124          (iii) The commission shall annually deposit the amount described in Subsection
5125     (8)(c)(ii) into the Transit and Transportation Investment Fund created in Section 72-2-124.
5126          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
5127     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
5128     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
5129          (10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c),
5130     in addition to any amounts deposited under Subsections (6), (7), and (8), and for the 2016-17
5131     fiscal year only, the Division of Finance shall deposit into the Transportation Investment Fund
5132     of 2005 created by Section 72-2-124 the amount of tax revenue generated by a .05% tax rate on
5133     the transactions described in Subsection (1).
5134          (b) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c), and in
5135     addition to any amounts deposited under Subsections (6), (7), and (8), the Division of Finance
5136     shall deposit into the Transportation Investment Fund of 2005 created by Section 72-2-124 the
5137     amount of revenue described as follows:
5138          (i) for fiscal year 2017-18 only, 83.33% of the amount of revenue generated by a .05%
5139     tax rate on the transactions described in Subsection (1);
5140          (ii) for fiscal year 2018-19 only, 66.67% of the amount of revenue generated by a .05%
5141     tax rate on the transactions described in Subsection (1);
5142          (iii) for fiscal year 2019-20 only, 50% of the amount of revenue generated by a .05%

5143     tax rate on the transactions described in Subsection (1);
5144          (iv) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a
5145     .05% tax rate on the transactions described in Subsection (1); and
5146          (v) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
5147     tax rate on the transactions described in Subsection (1).
5148          (c) For purposes of Subsections (10)(a) and (b), the Division of Finance may not
5149     deposit into the Transportation Investment Fund of 2005 any tax revenue generated by amounts
5150     paid or charged for food and food ingredients, except for tax revenue generated by a bundled
5151     transaction attributable to food and food ingredients and tangible personal property other than
5152     food and food ingredients described in Subsection (2)(d).
5153          (11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
5154     fiscal year during which the Division of Finance receives notice under Section 63N-2-510 that
5155     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the Division of
5156     Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
5157     generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
5158     created in Section 63N-2-512.
5159          (12) (a) Notwithstanding Subsection (3)(a), for the 2016-17 fiscal year only, the
5160     Division of Finance shall deposit $26,000,000 of the revenues generated by the taxes listed
5161     under Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
5162          (b) Notwithstanding Subsection (3)(a), for the 2017-18 fiscal year only, the Division of
5163     Finance shall deposit $27,000,000 of the revenues generated by the taxes listed under
5164     Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
5165          (13) Notwithstanding Subsections (4) through (12) and (14), an amount required to be
5166     expended or deposited in accordance with Subsections (4) through (12) and (14) may not
5167     include an amount the Division of Finance deposits in accordance with Section 59-12-103.2.
5168          (14) (a) The rate specified in this subsection is 0.15%.
5169          (b) Notwithstanding Subsection (3)(a), the Division of Finance shall:
5170          (i) on or before September 30, 2019, transfer the amount of revenue generated by a
5171     0.15% tax rate imposed beginning on April 1, 2019, and ending on June 30, 2019, on the
5172     transactions that are subject to the sales and use tax under Subsection (2)(a)(i)(A) as dedicated
5173     credits to the Division of Health Care Financing; and

5174          (ii) for a fiscal year beginning on or after fiscal year 2019-20, annually transfer the
5175     amount of revenue generated by a 0.15% tax rate on the transactions that are subject to the
5176     sales and use tax under Subsection (2)(a)(i)(A) as dedicated credits to the Division of Health
5177     Care Financing.
5178          (c) The revenue described in Subsection (14)(b) that the Division of Finance transfers
5179     to the Division of Health Care Financing as dedicated credits shall be expended for the
5180     following uses:
5181          (i) implementation of the Medicaid expansion described in Sections 26-18-3.1(4) and
5182     26-18-3.9(2)(b);
5183          (ii) if revenue remains after the use specified in Subsection (14)(c)(i), other measures
5184     required by Section 26-18-3.9; and
5185          (iii) if revenue remains after the uses specified in Subsections (14)(c)(i) and (ii), other
5186     measures described in Title 26, Chapter 18, Medical Assistance Act.
5187          Section 85. Section 59-12-104 is amended to read:
5188          59-12-104. Exemptions.
5189          Exemptions from the taxes imposed by this chapter are as follows:
5190          (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
5191     under Chapter 13, Motor and Special Fuel Tax Act;
5192          (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
5193     subdivisions; however, this exemption does not apply to sales of:
5194          (a) construction materials except:
5195          (i) construction materials purchased by or on behalf of institutions of the public
5196     education system as defined in Utah Constitution, Article X, Section 2, provided the
5197     construction materials are clearly identified and segregated and installed or converted to real
5198     property which is owned by institutions of the public education system; and
5199          (ii) construction materials purchased by the state, its institutions, or its political
5200     subdivisions which are installed or converted to real property by employees of the state, its
5201     institutions, or its political subdivisions; or
5202          (b) tangible personal property in connection with the construction, operation,
5203     maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
5204     providing additional project capacity, as defined in Section 11-13-103;

5205          (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
5206          (i) the proceeds of each sale do not exceed $1; and
5207          (ii) the seller or operator of the vending machine reports an amount equal to 150% of
5208     the cost of the item described in Subsection (3)(b) as goods consumed; and
5209          (b) Subsection (3)(a) applies to:
5210          (i) food and food ingredients; or
5211          (ii) prepared food;
5212          (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
5213          (i) alcoholic beverages;
5214          (ii) food and food ingredients; or
5215          (iii) prepared food;
5216          (b) sales of tangible personal property or a product transferred electronically:
5217          (i) to a passenger;
5218          (ii) by a commercial airline carrier; and
5219          (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
5220          (c) services related to Subsection (4)(a) or (b);
5221          (5) (a) (i) beginning on July 1, 2008, and ending on September 30, 2008, sales of parts
5222     and equipment:
5223          (A) (I) by an establishment described in NAICS Code 336411 or 336412 of the 2002
5224     North American Industry Classification System of the federal Executive Office of the
5225     President, Office of Management and Budget; and
5226          (II) for:
5227          (Aa) installation in an aircraft, including services relating to the installation of parts or
5228     equipment in the aircraft;
5229          (Bb) renovation of an aircraft; or
5230          (Cc) repair of an aircraft; or
5231          (B) for installation in an aircraft operated by a common carrier in interstate or foreign
5232     commerce; or
5233          (ii) beginning on October 1, 2008, sales of parts and equipment for installation in an
5234     aircraft operated by a common carrier in interstate or foreign commerce; and
5235          (b) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,

5236     a person may claim the exemption allowed by Subsection (5)(a)(i)(B) for a sale by filing for a
5237     refund:
5238          (i) if the sale is made on or after July 1, 2008, but on or before September 30, 2008;
5239          (ii) as if Subsection (5)(a)(i)(B) were in effect on the day on which the sale is made;
5240          (iii) if the person did not claim the exemption allowed by Subsection (5)(a)(i)(B) for
5241     the sale prior to filing for the refund;
5242          (iv) for sales and use taxes paid under this chapter on the sale;
5243          (v) in accordance with Section 59-1-1410; and
5244          (vi) subject to any extension allowed for filing for a refund under Section 59-1-1410, if
5245     the person files for the refund on or before September 30, 2011;
5246          (6) sales of commercials, motion picture films, prerecorded audio program tapes or
5247     records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
5248     exhibitor, distributor, or commercial television or radio broadcaster;
5249          (7) (a) except as provided in Subsection [(88)] (85) and subject to Subsection (7)(b),
5250     sales of cleaning or washing of tangible personal property if the cleaning or washing of the
5251     tangible personal property is not assisted cleaning or washing of tangible personal property;
5252          (b) if a seller that sells at the same business location assisted cleaning or washing of
5253     tangible personal property and cleaning or washing of tangible personal property that is not
5254     assisted cleaning or washing of tangible personal property, the exemption described in
5255     Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
5256     or washing of the tangible personal property; and
5257          (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
5258     Utah Administrative Rulemaking Act, the commission may make rules:
5259          (i) governing the circumstances under which sales are at the same business location;
5260     and
5261          (ii) establishing the procedures and requirements for a seller to separately account for
5262     sales of assisted cleaning or washing of tangible personal property;
5263          (8) sales made to or by religious or charitable institutions in the conduct of their regular
5264     religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
5265     fulfilled;
5266          (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of

5267     this state if the vehicle is:
5268          (a) not registered in this state; and
5269          (b) (i) not used in this state; or
5270          (ii) used in this state:
5271          (A) if the vehicle is not used to conduct business, for a time period that does not
5272     exceed the longer of:
5273          (I) 30 days in any calendar year; or
5274          (II) the time period necessary to transport the vehicle to the borders of this state; or
5275          (B) if the vehicle is used to conduct business, for the time period necessary to transport
5276     the vehicle to the borders of this state;
5277          (10) (a) amounts paid for an item described in Subsection (10)(b) if:
5278          (i) the item is intended for human use; and
5279          (ii) (A) a prescription was issued for the item; or
5280          (B) the item was purchased by a hospital or other medical facility; and
5281          (b) (i) Subsection (10)(a) applies to:
5282          (A) a drug;
5283          (B) a syringe; or
5284          (C) a stoma supply; and
5285          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5286     commission may by rule define the terms:
5287          (A) "syringe"; or
5288          (B) "stoma supply";
5289          (11) purchases or leases exempt under Section 19-12-201;
5290          (12) (a) sales of an item described in Subsection (12)(c) served by:
5291          (i) the following if the item described in Subsection (12)(c) is not available to the
5292     general public:
5293          (A) a church; or
5294          (B) a charitable institution; or
5295          (ii) an institution of higher education if:
5296          (A) the item described in Subsection (12)(c) is not available to the general public; or
5297          (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan

5298     offered by the institution of higher education; or
5299          (b) sales of an item described in Subsection (12)(c) provided for a patient by:
5300          (i) a medical facility; or
5301          (ii) a nursing facility; and
5302          (c) Subsections (12)(a) and (b) apply to:
5303          (i) food and food ingredients;
5304          (ii) prepared food; or
5305          (iii) alcoholic beverages;
5306          (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
5307     or a product transferred electronically by a person:
5308          (i) regardless of the number of transactions involving the sale of that tangible personal
5309     property or product transferred electronically by that person; and
5310          (ii) not regularly engaged in the business of selling that type of tangible personal
5311     property or product transferred electronically;
5312          (b) this Subsection (13) does not apply if:
5313          (i) the sale is one of a series of sales of a character to indicate that the person is
5314     regularly engaged in the business of selling that type of tangible personal property or product
5315     transferred electronically;
5316          (ii) the person holds that person out as regularly engaged in the business of selling that
5317     type of tangible personal property or product transferred electronically;
5318          (iii) the person sells an item of tangible personal property or product transferred
5319     electronically that the person purchased as a sale that is exempt under Subsection (25); or
5320           (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
5321     this state in which case the tax is based upon:
5322          (A) the bill of sale or other written evidence of value of the vehicle or vessel being
5323     sold; or
5324          (B) in the absence of a bill of sale or other written evidence of value, the fair market
5325     value of the vehicle or vessel being sold at the time of the sale as determined by the
5326     commission; and
5327          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5328     commission shall make rules establishing the circumstances under which:

5329          (i) a person is regularly engaged in the business of selling a type of tangible personal
5330     property or product transferred electronically;
5331          (ii) a sale of tangible personal property or a product transferred electronically is one of
5332     a series of sales of a character to indicate that a person is regularly engaged in the business of
5333     selling that type of tangible personal property or product transferred electronically; or
5334          (iii) a person holds that person out as regularly engaged in the business of selling a type
5335     of tangible personal property or product transferred electronically;
5336          (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
5337     operating repair or replacement parts, or materials, except for office equipment or office
5338     supplies, by:
5339          (a) a manufacturing facility that:
5340          (i) is located in the state; and
5341          (ii) uses or consumes the machinery, equipment, normal operating repair or
5342     replacement parts, or materials:
5343          (A) in the manufacturing process to manufacture an item sold as tangible personal
5344     property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
5345     Utah Administrative Rulemaking Act; or
5346          (B) for a scrap recycler, to process an item sold as tangible personal property, as the
5347     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
5348     Administrative Rulemaking Act;
5349          (b) an establishment, as the commission defines that term in accordance with Title
5350     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
5351          (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
5352     Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
5353     Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
5354     2002 North American Industry Classification System of the federal Executive Office of the
5355     President, Office of Management and Budget;
5356          (ii) is located in the state; and
5357          (iii) uses or consumes the machinery, equipment, normal operating repair or
5358     replacement parts, or materials in:
5359          (A) the production process to produce an item sold as tangible personal property, as the

5360     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
5361     Administrative Rulemaking Act;
5362          (B) research and development, as the commission may define that phrase in accordance
5363     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
5364          (C) transporting, storing, or managing tailings, overburden, or similar waste materials
5365     produced from mining;
5366          (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
5367     mining; or
5368          (E) preventing, controlling, or reducing dust or other pollutants from mining; or
5369          (c) an establishment, as the commission defines that term in accordance with Title 63G,
5370     Chapter 3, Utah Administrative Rulemaking Act, that:
5371          (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
5372     American Industry Classification System of the federal Executive Office of the President,
5373     Office of Management and Budget;
5374          (ii) is located in the state; and
5375          (iii) uses or consumes the machinery, equipment, normal operating repair or
5376     replacement parts, or materials in the operation of the web search portal;
5377          (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
5378          (i) tooling;
5379          (ii) special tooling;
5380          (iii) support equipment;
5381          (iv) special test equipment; or
5382          (v) parts used in the repairs or renovations of tooling or equipment described in
5383     Subsections (15)(a)(i) through (iv); and
5384          (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
5385          (i) the tooling, equipment, or parts are used or consumed exclusively in the
5386     performance of any aerospace or electronics industry contract with the United States
5387     government or any subcontract under that contract; and
5388          (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
5389     title to the tooling, equipment, or parts is vested in the United States government as evidenced
5390     by:

5391          (A) a government identification tag placed on the tooling, equipment, or parts; or
5392          (B) listing on a government-approved property record if placing a government
5393     identification tag on the tooling, equipment, or parts is impractical;
5394          (16) sales of newspapers or newspaper subscriptions;
5395          (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
5396     product transferred electronically traded in as full or part payment of the purchase price, except
5397     that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
5398     trade-ins are limited to other vehicles only, and the tax is based upon:
5399          (i) the bill of sale or other written evidence of value of the vehicle being sold and the
5400     vehicle being traded in; or
5401          (ii) in the absence of a bill of sale or other written evidence of value, the then existing
5402     fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
5403     commission; and
5404          (b) Subsection (17)(a) does not apply to the following items of tangible personal
5405     property or products transferred electronically traded in as full or part payment of the purchase
5406     price:
5407          (i) money;
5408          (ii) electricity;
5409          (iii) water;
5410          (iv) gas; or
5411          (v) steam;
5412          (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
5413     or a product transferred electronically used or consumed primarily and directly in farming
5414     operations, regardless of whether the tangible personal property or product transferred
5415     electronically:
5416          (A) becomes part of real estate; or
5417          (B) is installed by a:
5418          (I) farmer;
5419          (II) contractor; or
5420          (III) subcontractor; or
5421          (ii) sales of parts used in the repairs or renovations of tangible personal property or a

5422     product transferred electronically if the tangible personal property or product transferred
5423     electronically is exempt under Subsection (18)(a)(i); and
5424          (b) amounts paid or charged for the following are subject to the taxes imposed by this
5425     chapter:
5426          (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
5427     supplies if used in a manner that is incidental to farming; and
5428          (B) tangible personal property that is considered to be used in a manner that is
5429     incidental to farming includes:
5430          (I) hand tools; or
5431          (II) maintenance and janitorial equipment and supplies;
5432          (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
5433     transferred electronically if the tangible personal property or product transferred electronically
5434     is used in an activity other than farming; and
5435          (B) tangible personal property or a product transferred electronically that is considered
5436     to be used in an activity other than farming includes:
5437          (I) office equipment and supplies; or
5438          (II) equipment and supplies used in:
5439          (Aa) the sale or distribution of farm products;
5440          (Bb) research; or
5441          (Cc) transportation; or
5442          (iii) a vehicle required to be registered by the laws of this state during the period
5443     ending two years after the date of the vehicle's purchase;
5444          (19) sales of hay;
5445          (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
5446     garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
5447     garden, farm, or other agricultural produce is sold by:
5448          (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
5449     agricultural produce;
5450          (b) an employee of the producer described in Subsection (20)(a); or
5451          (c) a member of the immediate family of the producer described in Subsection (20)(a);
5452          (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued

5453     under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
5454          (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
5455     nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
5456     wholesaler, or retailer for use in packaging tangible personal property to be sold by that
5457     manufacturer, processor, wholesaler, or retailer;
5458          (23) a product stored in the state for resale;
5459          (24) (a) purchases of a product if:
5460          (i) the product is:
5461          (A) purchased outside of this state;
5462          (B) brought into this state:
5463          (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
5464          (II) by a nonresident person who is not living or working in this state at the time of the
5465     purchase;
5466          (C) used for the personal use or enjoyment of the nonresident person described in
5467     Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
5468          (D) not used in conducting business in this state; and
5469          (ii) for:
5470          (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
5471     the product for a purpose for which the product is designed occurs outside of this state;
5472          (B) a boat, the boat is registered outside of this state; or
5473          (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
5474     outside of this state;
5475          (b) the exemption provided for in Subsection (24)(a) does not apply to:
5476          (i) a lease or rental of a product; or
5477          (ii) a sale of a vehicle exempt under Subsection (33); and
5478          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
5479     purposes of Subsection (24)(a), the commission may by rule define what constitutes the
5480     following:
5481          (i) conducting business in this state if that phrase has the same meaning in this
5482     Subsection (24) as in Subsection (63);
5483          (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)

5484     as in Subsection (63); or
5485          (iii) a purpose for which a product is designed if that phrase has the same meaning in
5486     this Subsection (24) as in Subsection (63);
5487          (25) a product purchased for resale in the regular course of business, either in its
5488     original form or as an ingredient or component part of a manufactured or compounded product;
5489          (26) a product upon which a sales or use tax was paid to some other state, or one of its
5490     subdivisions, except that the state shall be paid any difference between the tax paid and the tax
5491     imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
5492     the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
5493     Act;
5494          (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
5495     person for use in compounding a service taxable under the subsections;
5496          (28) purchases made in accordance with the special supplemental nutrition program for
5497     women, infants, and children established in 42 U.S.C. Sec. 1786;
5498          (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
5499     replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
5500     3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
5501     the President, Office of Management and Budget;
5502          (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
5503     Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
5504          (a) not registered in this state; and
5505          (b) (i) not used in this state; or
5506          (ii) used in this state:
5507          (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
5508     time period that does not exceed the longer of:
5509          (I) 30 days in any calendar year; or
5510          (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
5511     the borders of this state; or
5512          (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
5513     period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
5514     state;

5515          (31) sales of aircraft manufactured in Utah;
5516          (32) amounts paid for the purchase of telecommunications service for purposes of
5517     providing telecommunications service;
5518          (33) sales, leases, or uses of the following:
5519          (a) a vehicle by an authorized carrier; or
5520          (b) tangible personal property that is installed on a vehicle:
5521          (i) sold or leased to or used by an authorized carrier; and
5522          (ii) before the vehicle is placed in service for the first time;
5523          (34) (a) 45% of the sales price of any new manufactured home; and
5524          (b) 100% of the sales price of any used manufactured home;
5525          (35) sales relating to schools and fundraising sales;
5526          (36) sales or rentals of durable medical equipment if:
5527          (a) a person presents a prescription for the durable medical equipment; and
5528          (b) the durable medical equipment is used for home use only;
5529          (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
5530     Section 72-11-102; and
5531          (b) the commission shall by rule determine the method for calculating sales exempt
5532     under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
5533          (38) sales to a ski resort of:
5534          (a) snowmaking equipment;
5535          (b) ski slope grooming equipment;
5536          (c) passenger ropeways as defined in Section 72-11-102; or
5537          (d) parts used in the repairs or renovations of equipment or passenger ropeways
5538     described in Subsections (38)(a) through (c);
5539          (39) sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;
5540          (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
5541     amusement, entertainment, or recreation an unassisted amusement device as defined in Section
5542     59-12-102;
5543          (b) if a seller that sells or rents at the same business location the right to use or operate
5544     for amusement, entertainment, or recreation one or more unassisted amusement devices and
5545     one or more assisted amusement devices, the exemption described in Subsection (40)(a)

5546     applies if the seller separately accounts for the sales or rentals of the right to use or operate for
5547     amusement, entertainment, or recreation for the assisted amusement devices; and
5548          (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
5549     Utah Administrative Rulemaking Act, the commission may make rules:
5550          (i) governing the circumstances under which sales are at the same business location;
5551     and
5552          (ii) establishing the procedures and requirements for a seller to separately account for
5553     the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
5554     assisted amusement devices;
5555          (41) (a) sales of photocopies by:
5556          (i) a governmental entity; or
5557          (ii) an entity within the state system of public education, including:
5558          (A) a school; or
5559          (B) the State Board of Education; or
5560          (b) sales of publications by a governmental entity;
5561          (42) amounts paid for admission to an athletic event at an institution of higher
5562     education that is subject to the provisions of Title IX of the Education Amendments of 1972,
5563     20 U.S.C. Sec. 1681 et seq.;
5564          (43) (a) sales made to or by:
5565          (i) an area agency on aging; or
5566          (ii) a senior citizen center owned by a county, city, or town; or
5567          (b) sales made by a senior citizen center that contracts with an area agency on aging;
5568          (44) sales or leases of semiconductor fabricating, processing, research, or development
5569     materials regardless of whether the semiconductor fabricating, processing, research, or
5570     development materials:
5571          (a) actually come into contact with a semiconductor; or
5572          (b) ultimately become incorporated into real property;
5573          (45) an amount paid by or charged to a purchaser for accommodations and services
5574     described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
5575     59-12-104.2;
5576          (46) beginning on September 1, 2001, the lease or use of a vehicle issued a temporary

5577     sports event registration certificate in accordance with Section 41-3-306 for the event period
5578     specified on the temporary sports event registration certificate;
5579          (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
5580     adopted by the Public Service Commission only for purchase of electricity produced from a
5581     new alternative energy source built after January 1, 2016, as designated in the tariff by the
5582     Public Service Commission; and
5583          (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
5584     only to the portion of the tariff rate a customer pays under the tariff described in Subsection
5585     (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
5586     customer would have paid absent the tariff;
5587          (48) sales or rentals of mobility enhancing equipment if a person presents a
5588     prescription for the mobility enhancing equipment;
5589          (49) sales of water in a:
5590          (a) pipe;
5591          (b) conduit;
5592          (c) ditch; or
5593          (d) reservoir;
5594          (50) sales of currency or coins that constitute legal tender of a state, the United States,
5595     or a foreign nation;
5596          (51) (a) sales of an item described in Subsection (51)(b) if the item:
5597          (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
5598          (ii) has a gold, silver, or platinum content of 50% or more; and
5599          (b) Subsection (51)(a) applies to a gold, silver, or platinum:
5600          (i) ingot;
5601          (ii) bar;
5602          (iii) medallion; or
5603          (iv) decorative coin;
5604          (52) amounts paid on a sale-leaseback transaction;
5605          (53) sales of a prosthetic device:
5606          (a) for use on or in a human; and
5607          (b) (i) for which a prescription is required; or

5608          (ii) if the prosthetic device is purchased by a hospital or other medical facility;
5609          (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
5610     machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
5611     or equipment is primarily used in the production or postproduction of the following media for
5612     commercial distribution:
5613          (i) a motion picture;
5614          (ii) a television program;
5615          (iii) a movie made for television;
5616          (iv) a music video;
5617          (v) a commercial;
5618          (vi) a documentary; or
5619          (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
5620     commission by administrative rule made in accordance with Subsection (54)(d); or
5621          (b) purchases, leases, or rentals of machinery or equipment by an establishment
5622     described in Subsection (54)(c) that is used for the production or postproduction of the
5623     following are subject to the taxes imposed by this chapter:
5624          (i) a live musical performance;
5625          (ii) a live news program; or
5626          (iii) a live sporting event;
5627          (c) the following establishments listed in the 1997 North American Industry
5628     Classification System of the federal Executive Office of the President, Office of Management
5629     and Budget, apply to Subsections (54)(a) and (b):
5630          (i) NAICS Code 512110; or
5631          (ii) NAICS Code 51219; and
5632          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5633     commission may by rule:
5634          (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
5635     or
5636          (ii) define:
5637          (A) "commercial distribution";
5638          (B) "live musical performance";

5639          (C) "live news program"; or
5640          (D) "live sporting event";
5641          (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
5642     on or before June 30, 2027, of tangible personal property that:
5643          (i) is leased or purchased for or by a facility that:
5644          (A) is an alternative energy electricity production facility;
5645          (B) is located in the state; and
5646          (C) (I) becomes operational on or after July 1, 2004; or
5647          (II) has its generation capacity increased by one or more megawatts on or after July 1,
5648     2004, as a result of the use of the tangible personal property;
5649          (ii) has an economic life of five or more years; and
5650          (iii) is used to make the facility or the increase in capacity of the facility described in
5651     Subsection (55)(a)(i) operational up to the point of interconnection with an existing
5652     transmission grid including:
5653          (A) a wind turbine;
5654          (B) generating equipment;
5655          (C) a control and monitoring system;
5656          (D) a power line;
5657          (E) substation equipment;
5658          (F) lighting;
5659          (G) fencing;
5660          (H) pipes; or
5661          (I) other equipment used for locating a power line or pole; and
5662          (b) this Subsection (55) does not apply to:
5663          (i) tangible personal property used in construction of:
5664          (A) a new alternative energy electricity production facility; or
5665          (B) the increase in the capacity of an alternative energy electricity production facility;
5666          (ii) contracted services required for construction and routine maintenance activities;
5667     and
5668          (iii) unless the tangible personal property is used or acquired for an increase in capacity
5669     of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or

5670     acquired after:
5671          (A) the alternative energy electricity production facility described in Subsection
5672     (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
5673          (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
5674     in Subsection (55)(a)(iii);
5675          (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
5676     on or before June 30, 2027, of tangible personal property that:
5677          (i) is leased or purchased for or by a facility that:
5678          (A) is a waste energy production facility;
5679          (B) is located in the state; and
5680          (C) (I) becomes operational on or after July 1, 2004; or
5681          (II) has its generation capacity increased by one or more megawatts on or after July 1,
5682     2004, as a result of the use of the tangible personal property;
5683          (ii) has an economic life of five or more years; and
5684          (iii) is used to make the facility or the increase in capacity of the facility described in
5685     Subsection (56)(a)(i) operational up to the point of interconnection with an existing
5686     transmission grid including:
5687          (A) generating equipment;
5688          (B) a control and monitoring system;
5689          (C) a power line;
5690          (D) substation equipment;
5691          (E) lighting;
5692          (F) fencing;
5693          (G) pipes; or
5694          (H) other equipment used for locating a power line or pole; and
5695          (b) this Subsection (56) does not apply to:
5696          (i) tangible personal property used in construction of:
5697          (A) a new waste energy facility; or
5698          (B) the increase in the capacity of a waste energy facility;
5699          (ii) contracted services required for construction and routine maintenance activities;
5700     and

5701          (iii) unless the tangible personal property is used or acquired for an increase in capacity
5702     described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
5703          (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
5704     described in Subsection (56)(a)(iii); or
5705          (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
5706     in Subsection (56)(a)(iii);
5707          (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
5708     or before June 30, 2027, of tangible personal property that:
5709          (i) is leased or purchased for or by a facility that:
5710          (A) is located in the state;
5711          (B) produces fuel from alternative energy, including:
5712          (I) methanol; or
5713          (II) ethanol; and
5714          (C) (I) becomes operational on or after July 1, 2004; or
5715          (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
5716     a result of the installation of the tangible personal property;
5717          (ii) has an economic life of five or more years; and
5718          (iii) is installed on the facility described in Subsection (57)(a)(i);
5719          (b) this Subsection (57) does not apply to:
5720          (i) tangible personal property used in construction of:
5721          (A) a new facility described in Subsection (57)(a)(i); or
5722          (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
5723          (ii) contracted services required for construction and routine maintenance activities;
5724     and
5725          (iii) unless the tangible personal property is used or acquired for an increase in capacity
5726     described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
5727          (A) the facility described in Subsection (57)(a)(i) is operational; or
5728          (B) the increased capacity described in Subsection (57)(a)(i) is operational;
5729          (58) (a) subject to Subsection (58)(b) or (c), sales of tangible personal property or a
5730     product transferred electronically to a person within this state if that tangible personal property
5731     or product transferred electronically is subsequently shipped outside the state and incorporated

5732     pursuant to contract into and becomes a part of real property located outside of this state;
5733          (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
5734     state or political entity to which the tangible personal property is shipped imposes a sales, use,
5735     gross receipts, or other similar transaction excise tax on the transaction against which the other
5736     state or political entity allows a credit for sales and use taxes imposed by this chapter; and
5737          (c) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,
5738     a person may claim the exemption allowed by this Subsection (58) for a sale by filing for a
5739     refund:
5740          (i) if the sale is made on or after July 1, 2004, but on or before June 30, 2008;
5741          (ii) as if this Subsection (58) as in effect on July 1, 2008, were in effect on the day on
5742     which the sale is made;
5743          (iii) if the person did not claim the exemption allowed by this Subsection (58) for the
5744     sale prior to filing for the refund;
5745          (iv) for sales and use taxes paid under this chapter on the sale;
5746          (v) in accordance with Section 59-1-1410; and
5747          (vi) subject to any extension allowed for filing for a refund under Section 59-1-1410, if
5748     the person files for the refund on or before June 30, 2011;
5749          (59) purchases:
5750          (a) of one or more of the following items in printed or electronic format:
5751          (i) a list containing information that includes one or more:
5752          (A) names; or
5753          (B) addresses; or
5754          (ii) a database containing information that includes one or more:
5755          (A) names; or
5756          (B) addresses; and
5757          (b) used to send direct mail;
5758          (60) redemptions or repurchases of a product by a person if that product was:
5759          (a) delivered to a pawnbroker as part of a pawn transaction; and
5760          (b) redeemed or repurchased within the time period established in a written agreement
5761     between the person and the pawnbroker for redeeming or repurchasing the product;
5762          (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:

5763          (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
5764     and
5765          (ii) has a useful economic life of one or more years; and
5766          (b) the following apply to Subsection (61)(a):
5767          (i) telecommunications enabling or facilitating equipment, machinery, or software;
5768          (ii) telecommunications equipment, machinery, or software required for 911 service;
5769          (iii) telecommunications maintenance or repair equipment, machinery, or software;
5770          (iv) telecommunications switching or routing equipment, machinery, or software; or
5771          (v) telecommunications transmission equipment, machinery, or software;
5772          (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
5773     personal property or a product transferred electronically that are used in the research and
5774     development of alternative energy technology; and
5775          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5776     commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
5777     purchases of tangible personal property or a product transferred electronically that are used in
5778     the research and development of alternative energy technology;
5779          (63) (a) purchases of tangible personal property or a product transferred electronically
5780     if:
5781          (i) the tangible personal property or product transferred electronically is:
5782          (A) purchased outside of this state;
5783          (B) brought into this state at any time after the purchase described in Subsection
5784     (63)(a)(i)(A); and
5785          (C) used in conducting business in this state; and
5786          (ii) for:
5787          (A) tangible personal property or a product transferred electronically other than the
5788     tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
5789     for a purpose for which the property is designed occurs outside of this state; or
5790          (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
5791     outside of this state;
5792          (b) the exemption provided for in Subsection (63)(a) does not apply to:
5793          (i) a lease or rental of tangible personal property or a product transferred electronically;

5794     or
5795          (ii) a sale of a vehicle exempt under Subsection (33); and
5796          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
5797     purposes of Subsection (63)(a), the commission may by rule define what constitutes the
5798     following:
5799          (i) conducting business in this state if that phrase has the same meaning in this
5800     Subsection (63) as in Subsection (24);
5801          (ii) the first use of tangible personal property or a product transferred electronically if
5802     that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
5803          (iii) a purpose for which tangible personal property or a product transferred
5804     electronically is designed if that phrase has the same meaning in this Subsection (63) as in
5805     Subsection (24);
5806          (64) sales of disposable home medical equipment or supplies if:
5807          (a) a person presents a prescription for the disposable home medical equipment or
5808     supplies;
5809          (b) the disposable home medical equipment or supplies are used exclusively by the
5810     person to whom the prescription described in Subsection (64)(a) is issued; and
5811          (c) the disposable home medical equipment and supplies are listed as eligible for
5812     payment under:
5813          (i) Title XVIII, federal Social Security Act; or
5814          (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
5815          (65) sales:
5816          (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
5817     District Act; or
5818          (b) of tangible personal property to a subcontractor of a public transit district, if the
5819     tangible personal property is:
5820          (i) clearly identified; and
5821          (ii) installed or converted to real property owned by the public transit district;
5822          (66) sales of construction materials:
5823          (a) purchased on or after July 1, 2010;
5824          (b) purchased by, on behalf of, or for the benefit of an international airport:

5825          (i) located within a county of the first class; and
5826          (ii) that has a United States customs office on its premises; and
5827          (c) if the construction materials are:
5828          (i) clearly identified;
5829          (ii) segregated; and
5830          (iii) installed or converted to real property:
5831          (A) owned or operated by the international airport described in Subsection (66)(b); and
5832          (B) located at the international airport described in Subsection (66)(b);
5833          (67) sales of construction materials:
5834          (a) purchased on or after July 1, 2008;
5835          (b) purchased by, on behalf of, or for the benefit of a new airport:
5836          (i) located within a county of the second class; and
5837          (ii) that is owned or operated by a city in which an airline as defined in Section
5838     59-2-102 is headquartered; and
5839          (c) if the construction materials are:
5840          (i) clearly identified;
5841          (ii) segregated; and
5842          (iii) installed or converted to real property:
5843          (A) owned or operated by the new airport described in Subsection (67)(b);
5844          (B) located at the new airport described in Subsection (67)(b); and
5845          (C) as part of the construction of the new airport described in Subsection (67)(b);
5846          (68) sales of fuel to a common carrier that is a railroad for use in a locomotive engine;
5847          (69) purchases and sales described in Section 63H-4-111;
5848          (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
5849     overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
5850     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
5851     lists a state or country other than this state as the location of registry of the fixed wing turbine
5852     powered aircraft; or
5853          (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
5854     provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
5855     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration

5856     lists a state or country other than this state as the location of registry of the fixed wing turbine
5857     powered aircraft;
5858          (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:
5859          (a) to a person admitted to an institution of higher education; and
5860          (b) by a seller, other than a bookstore owned by an institution of higher education, if
5861     51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
5862     textbook for a higher education course;
5863          (72) a license fee or tax a municipality imposes in accordance with Subsection
5864     10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
5865     level of municipal services;
5866          (73) amounts paid or charged for construction materials used in the construction of a
5867     new or expanding life science research and development facility in the state, if the construction
5868     materials are:
5869          (a) clearly identified;
5870          (b) segregated; and
5871          (c) installed or converted to real property;
5872          (74) amounts paid or charged for:
5873          (a) a purchase or lease of machinery and equipment that:
5874          (i) are used in performing qualified research:
5875          (A) as defined in Section 41(d), Internal Revenue Code; and
5876          (B) in the state; and
5877          (ii) have an economic life of three or more years; and
5878          (b) normal operating repair or replacement parts:
5879          (i) for the machinery and equipment described in Subsection (74)(a); and
5880          (ii) that have an economic life of three or more years;
5881          (75) a sale or lease of tangible personal property used in the preparation of prepared
5882     food if:
5883          (a) for a sale:
5884          (i) the ownership of the seller and the ownership of the purchaser are identical; and
5885          (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
5886     tangible personal property prior to making the sale; or

5887          (b) for a lease:
5888          (i) the ownership of the lessor and the ownership of the lessee are identical; and
5889          (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
5890     personal property prior to making the lease;
5891          (76) (a) purchases of machinery or equipment if:
5892          (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
5893     Gambling, and Recreation Industries, of the 2012 North American Industry Classification
5894     System of the federal Executive Office of the President, Office of Management and Budget;
5895          (ii) the machinery or equipment:
5896          (A) has an economic life of three or more years; and
5897          (B) is used by one or more persons who pay admission or user fees described in
5898     Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
5899          (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
5900          (A) amounts paid or charged as admission or user fees described in Subsection
5901     59-12-103(1)(f); and
5902          (B) subject to taxation under this chapter; and
5903          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5904     commission may make rules for verifying that 51% of a purchaser's sales revenue for the
5905     previous calendar quarter is:
5906          (i) amounts paid or charged as admission or user fees described in Subsection
5907     59-12-103(1)(f); and
5908          (ii) subject to taxation under this chapter;
5909          (77) purchases of a short-term lodging consumable by a business that provides
5910     accommodations and services described in Subsection 59-12-103(1)(i);
5911          (78) amounts paid or charged to access a database:
5912          (a) if the primary purpose for accessing the database is to view or retrieve information
5913     from the database; and
5914          (b) not including amounts paid or charged for a:
5915          (i) digital audiowork;
5916          (ii) digital audio-visual work; or
5917          (iii) digital book;

5918          (79) amounts paid or charged for a purchase or lease made by an electronic financial
5919     payment service, of:
5920          (a) machinery and equipment that:
5921          (i) are used in the operation of the electronic financial payment service; and
5922          (ii) have an economic life of three or more years; and
5923          (b) normal operating repair or replacement parts that:
5924          (i) are used in the operation of the electronic financial payment service; and
5925          (ii) have an economic life of three or more years;
5926          (80) beginning on April 1, 2013, sales of a fuel cell as defined in Section 54-15-102;
5927          (81) amounts paid or charged for a purchase or lease of tangible personal property or a
5928     product transferred electronically if the tangible personal property or product transferred
5929     electronically:
5930          (a) is stored, used, or consumed in the state; and
5931          (b) is temporarily brought into the state from another state:
5932          (i) during a disaster period as defined in Section 53-2a-1202;
5933          (ii) by an out-of-state business as defined in Section 53-2a-1202;
5934          (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
5935          (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
5936          (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
5937     in Section 39-9-102, made pursuant to Title 39, Chapter 9, State Morale, Welfare, and
5938     Recreation Program;
5939          (83) amounts paid or charged for a purchase or lease of molten magnesium;
5940          (84) amounts paid or charged for a purchase or lease made by a qualifying enterprise
5941     data center of machinery, equipment, or normal operating repair or replacement parts, if the
5942     machinery, equipment, or normal operating repair or replacement parts:
5943          (a) are used in the operation of the establishment; and
5944          (b) have an economic life of one or more years;
5945          (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
5946     vehicle that includes cleaning or washing of the interior of the vehicle;
5947          (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
5948     operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used

5949     or consumed:
5950          (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
5951     in Section 63M-4-701 located in the state;
5952          (b) if the machinery, equipment, normal operating repair or replacement parts,
5953     catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
5954          (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
5955     added to gasoline or diesel fuel;
5956          (ii) research and development;
5957          (iii) transporting, storing, or managing raw materials, work in process, finished
5958     products, and waste materials produced from refining gasoline or diesel fuel, or adding
5959     blendstock to gasoline or diesel fuel;
5960          (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
5961     refining; or
5962          (v) preventing, controlling, or reducing pollutants from refining; and
5963          (c) beginning on July 1, 2021, if the person has obtained a form certified by the Office
5964     of Energy Development under Subsection 63M-4-702(2);
5965          (87) amounts paid to or charged by a proprietor for accommodations and services, as
5966     defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax
5967     imposed under Section 63H-1-205; and
5968          (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
5969     operating repair or replacement parts, or materials, except for office equipment or office
5970     supplies, by an establishment, as the commission defines that term in accordance with Title
5971     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
5972          (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
5973     American Industry Classification System of the federal Executive Office of the President,
5974     Office of Management and Budget;
5975          (b) is located in this state; and
5976          (c) uses the machinery, equipment, normal operating repair or replacement parts, or
5977     materials in the operation of the establishment.
5978          Section 86. Section 59-12-205 is amended to read:
5979          59-12-205. Ordinances to conform with statutory amendments -- Distribution of

5980     tax revenue -- Determination of population.
5981          (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
5982     59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
5983     sales and use tax ordinances:
5984          (a) within 30 days of the day on which the state makes an amendment to an applicable
5985     provision of Part 1, Tax Collection; and
5986          (b) as required to conform to the amendments to Part 1, Tax Collection.
5987          (2) Except as provided in Subsections (3) through (5) and subject to Subsection (6):
5988          (a) 50% of each dollar collected from the sales and use tax authorized by this part shall
5989     be distributed to each county, city, and town on the basis of the percentage that the population
5990     of the county, city, or town bears to the total population of all counties, cities, and towns in the
5991     state; and
5992          (b) (i) except as provided in Subsection (2)(b)(ii), 50% of each dollar collected from
5993     the sales and use tax authorized by this part shall be distributed to each county, city, and town
5994     on the basis of the location of the transaction as determined under Sections 59-12-211 through
5995     59-12-215; and
5996          (ii) 50% of each dollar collected from the sales and use tax authorized by this part
5997     within a project area described in a project area plan adopted by the military installation
5998     development authority under Title 63H, Chapter 1, Military Installation Development
5999     Authority Act, shall be distributed to the military installation development authority created in
6000     Section 63H-1-201.
6001          (3) (a) Beginning on July 1, 2017, and ending on June 30, 2022, the commission shall
6002     distribute annually to a county, city, or town the distribution required by this Subsection (3) if:
6003          (i) the county, city, or town is a:
6004          (A) county of the third, fourth, fifth, or sixth class;
6005          (B) city of the fifth class; or
6006          (C) town;
6007          (ii) the county, city, or town received a distribution under this section for the calendar
6008     year beginning on January 1, 2008, that was less than the distribution under this section that the
6009     county, city, or town received for the calendar year beginning on January 1, 2007;
6010          (iii) (A) for a county described in Subsection (3)(a)(i)(A), the county had located

6011     within the unincorporated area of the county for one or more days during the calendar year
6012     beginning on January 1, 2008, an establishment described in NAICS Industry Group 2121,
6013     Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the 2002 North
6014     American Industry Classification System of the federal Executive Office of the President,
6015     Office of Management and Budget; or
6016          (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
6017     (3)(a)(i)(C), the city or town had located within the city or town for one or more days during
6018     the calendar year beginning on January 1, 2008, an establishment described in NAICS Industry
6019     Group 2121, Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the
6020     2002 North American Industry Classification System of the federal Executive Office of the
6021     President, Office of Management and Budget; and
6022          (iv) (A) for a county described in Subsection (3)(a)(i)(A), at least one establishment
6023     described in Subsection (3)(a)(iii)(A) located within the unincorporated area of the county for
6024     one or more days during the calendar year beginning on January 1, 2008, was not the holder of
6025     a direct payment permit under Section 59-12-107.1; or
6026          (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
6027     (3)(a)(i)(C), at least one establishment described in Subsection (3)(a)(iii)(B) located within a
6028     city or town for one or more days during the calendar year beginning on January 1, 2008, was
6029     not the holder of a direct payment permit under Section 59-12-107.1.
6030          (b) The commission shall make the distribution required by this Subsection (3) to a
6031     county, city, or town described in Subsection (3)(a):
6032          (i) from the distribution required by Subsection (2)(a); and
6033          (ii) before making any other distribution required by this section.
6034          (c) (i) For purposes of this Subsection (3), the distribution is the amount calculated by
6035     multiplying the fraction calculated under Subsection (3)(c)(ii) by $333,583.
6036          (ii) For purposes of Subsection (3)(c)(i):
6037          (A) the numerator of the fraction is the difference calculated by subtracting the
6038     distribution a county, city, or town described in Subsection (3)(a) received under this section
6039     for the calendar year beginning on January 1, 2008, from the distribution under this section that
6040     the county, city, or town received for the calendar year beginning on January 1, 2007; and
6041          (B) the denominator of the fraction is $333,583.

6042          (d) A distribution required by this Subsection (3) is in addition to any other distribution
6043     required by this section.
6044          (4) (a) As used in this Subsection (4):
6045          (i) "Eligible county, city, or town" means a county, city, or town that:
6046          (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (4)(b)
6047     equal to the amount described in Subsection (4)(b)(ii); and
6048          (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
6049     2016.
6050          (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
6051     distributions an eligible county, city, or town received from a tax imposed in accordance with
6052     this part for fiscal year 2004-05.
6053          (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
6054     imposed in accordance with this part equal to the greater of:
6055          (i) the payment required by Subsection (2); or
6056          (ii) the minimum tax revenue distribution.
6057          (5) (a) For purposes of this Subsection (5):
6058          (i) "Annual local contribution" means the lesser of $200,000 or an amount equal to
6059     1.8% of the participating local government's tax revenue distribution amount under Subsection
6060     (2)(a) for the previous fiscal year.
6061          (ii) "Participating local government" means a county or municipality, as defined in
6062     Section 10-1-104, that is not an eligible municipality or grant eligible entity certified in
6063     accordance with Section 35A-8-609.
6064          (b) For revenue collected from the tax authorized by this part that is distributed on or
6065     after January 1, 2019, the commission, before making a tax revenue distribution under
6066     Subsection (2)(a) to a participating local government, shall:
6067          (i) subtract one-twelfth of the annual local contribution for each participating local
6068     government from the participating local government's tax revenue distribution under
6069     Subsection (2)(a); and
6070          (ii) deposit the amount described in Subsection (5)(b)(i) into the Homeless Shelter
6071     Cities Mitigation Restricted Account created in Section [35A-8a-606] 35A-8-606.
6072          (c) The commission shall make the calculation and distribution described in this

6073     Subsection (5) after making the distributions described in Subsections (3) and (4).
6074          (6) (a) Population figures for purposes of this section shall be based on the most recent
6075     official census or census estimate of the United States Bureau of the Census.
6076          (b) If a needed population estimate is not available from the United States Bureau of
6077     the Census, population figures shall be derived from the estimate from the Utah Population
6078     Committee.
6079          (c) The population of a county for purposes of this section shall be determined only
6080     from the unincorporated area of the county.
6081          Section 87. Section 59-13-402 is amended to read:
6082          59-13-402. Revenue from taxes deposited with treasurer -- Credit to Aeronautics
6083     Restricted Account -- Purposes for which funds may be used -- Allocation of funds --
6084     Reports -- Returns required.
6085          (1) (a) All revenue received by the commission under this part shall be deposited daily
6086     with the state treasurer who shall credit all of the revenue collected to the Transportation Fund.
6087          (b) An appropriation from the Transportation Fund shall be made to the commission to
6088     cover expenses incurred in the administration and enforcement of this part and the collection of
6089     the aviation fuel tax.
6090          (c) Refunds to which taxpayers are entitled under this part shall be paid from the
6091     Transportation Fund.
6092          (2) The state treasurer shall place an amount equal to the total amount received from
6093     the sale or use of aviation fuel in the Aeronautics Restricted Account created by Section
6094     72-2-126.
6095          (3) The tax imposed on each gallon of aviation fuel under Section 59-13-401 shall be
6096     allocated to the airport where the aviation fuel was sold and to aeronautical operations of the
6097     Department of Transportation as follows:
6098     
Total
Tax
Allocated

Allocation to
Airport

Allocation to
Aeronautical
Operations
6099      (a) Tax on Each Gallon of Aviation
Fuel Purchased for Use by a Federally
Certificated Air Carrier Other than at
an International Airport Located Within a
County of the First Class that has a United
States Customs Office on its Premises
$.04$.03$.01
6100      (b) Tax on Each Gallon of Aviation
Fuel Purchased for Use by a Federally
Certificated Air Carrier at an International
Airport Located Within a County of the
First Class that has a United States Customs
Office on its Premises
$.025$.015$.01
6101      (c) Tax on Each Gallon of Aviation
Fuel Purchased for Use by a Person Other
than a Federally Certificated Air Carrier
at an International Airport Located Within a
County of the First Class that has a United
States Customs Office on its Premises





$.09





$.00





$.09
6102      (d) Tax on Each Gallon of Aviation
Fuel Purchased for Use by a Person Other
than a Federally Certificated Air Carrier
Other than at an International Airport
Located Within a County of the First
Class that has a United States Customs
Office on its Premises






$.09






$.03






$.06
6103          (e) The allocation to the publicly used airport may be used at the discretion of the
6104     airport's governing authority for the:
6105          (i) construction, improvements, operation, and maintenance of publicly used airports in
6106     the state; and
6107          (ii) payment of principal and interest on indebtedness incurred for the purposes

6108     described in Subsection (3)(e)(i).
6109          (f) Upon appropriation by the Legislature, the allocation to aeronautical operations of
6110     the Department of Transportation shall be used as provided in the Aeronautics Restricted
6111     Account created by Section 72-2-126.
6112          (4) (a) The commission shall require reports and returns from distributors, retail
6113     dealers, and users in order to enable the commission and the Department of Transportation to
6114     allocate the revenue to be credited to:
6115          (i) the Aeronautics Restricted Account created by Section 72-2-126; and
6116          (ii) the separate accounts of individual airports.
6117          (b) (i) Except as provided by Subsection (4)(b)(ii), any unexpended amount remaining
6118     in the account of any publicly used airport on the first day of January, April, July, and October
6119     shall be paid to the authority operating the airport.
6120          (ii) Aviation fuel tax allocated to any airport owned and operated by a city of the first
6121     class shall be paid to the city treasurer on the first day of each month.
6122          (c) The state treasurer shall place aviation fuel tax collected on fuel sold at places other
6123     than publicly used airports in the Aeronautics Restricted Account created by Section 72-2-126.
6124          Section 88. Section 59-13-403 is amended to read:
6125          59-13-403. Administration and penalties -- Bond requirements.
6126          (1) All administrative and penalty provisions of Part 2, Motor Fuel, apply to the
6127     administration of Part 4, Aviation Fuel.
6128          (2) Notwithstanding Subsection (1), a distributor is not required to furnish a bond if the
6129     distributor:
6130          (a) meets the definition of distributor under Subsection 59-13-102[(5)](7)(d); and
6131          (b) has an average tax liability of $500 or less per month.
6132          Section 89. Section 59-14-802 is amended to read:
6133          59-14-802. Definitions.
6134          As used in this part:
6135          (1) "Cigarette" means the same as that term is defined in Section 59-14-102.
6136          (2) (a) "Electronic cigarette" means:
6137          (i) an electronic device used to deliver or capable of delivering vapor containing
6138     nicotine to an individual's respiratory system;

6139          (ii) a component of the device described in Subsection (2)(a)(i); or
6140          (iii) an accessory sold in the same package as the device described in Subsection
6141     (2)(a)(i).
6142          (b) "Electronic cigarette" includes an e-cigarette as defined in Section 26-38-2.
6143          (3) "Electronic cigarette product" means an electronic cigarette or an electronic
6144     cigarette substance.
6145          (4) "Electronic cigarette substance" means any substance, including liquid containing
6146     nicotine, used or intended for use in an electronic cigarette.
6147          [(5) "Enforcing agency" means the Department of Health, a county health department,
6148     or a local health department, when enforcing:]
6149          [(a) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons; or]
6150          [(b) Title 26, Chapter 57, Electronic Cigarette Regulation Act.]
6151          [(6)] (5) "Licensee" means a person that holds a valid license to sell electronic cigarette
6152     products.
6153          [(7)] (6) "License to sell an electronic cigarette product" means a license issued by the
6154     commission under Subsection 59-14-803(3).
6155          Section 90. Section 61-1-11 is amended to read:
6156          61-1-11. Provisions applicable to registration generally.
6157          (1) A registration statement may be filed by the issuer, another person on whose behalf
6158     the offering is to be made, or a licensed broker-dealer.
6159          (2) A person filing a registration statement shall pay a filing fee as determined under
6160     Section 61-1-18.4.
6161          (3) A registration statement shall specify:
6162          (a) the amount of securities to be offered in this state;
6163          (b) the states in which a registration statement or similar document in connection with
6164     the offering is or is to be filed; and
6165          (c) an adverse order, judgment, or decree entered in connection with the offering by the
6166     regulatory authorities in each state or by a court or the Securities and Exchange Commission.
6167          (4) A document filed under this chapter or a predecessor act within five years
6168     preceding the filing of a registration statement may be incorporated by reference in the
6169     registration statement to the extent that the document is currently accurate.

6170          (5) The division may permit the omission of an item of information or document from
6171     a registration statement.
6172          (6) In the case of a nonissuer distribution, information may not be required under
6173     Subsection (9) or Section 61-1-10 unless it is known to the person filing the registration
6174     statement or to the persons on whose behalf the distribution is to be made, or can be furnished
6175     by them without unreasonable effort or expense.
6176          (7) (a) The division may require as a condition of registration by qualification or
6177     coordination:
6178          (i) that security issued within the past three years or to be issued to a promoter for a
6179     consideration substantially different from the public offering price, or to a person for a
6180     consideration other than cash, be deposited in escrow; and
6181          (ii) that the proceeds from the sale of the registered security be impounded until the
6182     issuer receives a specified amount from the sale of the security either in this state or elsewhere.
6183          (b) The division may determine the conditions of an escrow or impounding required by
6184     this Subsection (7), but it may not reject a depository solely because of location in another
6185     state.
6186          (8) (a) A registration statement is effective for one year from its effective date.
6187          (b) All outstanding securities of the same class as a registered security are considered
6188     to be registered for the purpose of a nonissuer transaction:
6189          (i) so long as the registration statement is effective; and
6190          (ii) between the 30th day after the entry of a stop order suspending or revoking the
6191     effectiveness of the registration statement under Section 61-1-12, if the registration statement
6192     did not relate in whole or in part to a nonissuer distribution, and one year from the effective
6193     date of the registration statement.
6194          (c) A registration statement may not be withdrawn for one year from its effective date
6195     if a security of the same class is outstanding.
6196          (d) A registration statement may be withdrawn otherwise only in the discretion of the
6197     division.
6198          (9) So long as a registration statement is effective and the offering is not completely
6199     sold, the division may require the person who filed the registration statement to file reports, not
6200     more often than quarterly, to keep reasonably current the information contained in the

6201     registration statement and to disclose the progress of the offering.
6202          (10) (a) A registration statement may be amended after its effective date so as to
6203     increase the securities specified to be offered and sold, if the public offering price and
6204     underwriters' discounts and commissions are not changed from the respective amounts of
6205     which the division was informed.
6206          (b) The amendment becomes effective when the division so orders.
6207          (c) A person filing an amendment shall pay a registration fee as determined under
6208     Section 61-1-18.4 with respect to the additional securities proposed to be offered.
6209          (d) The amendment relates back to the date of the sale of the additional security being
6210     registered, provided that within six months of the date of the sale the amendment is filed and
6211     the additional registration fee is paid.
6212          (11) (a) A security that is [offered or sold under Section 4(5) of the Securities Act of
6213     1933 or that is] a "mortgage related security" as defined in Section 3(a)(41) of the Securities
6214     Exchange Act of 1934 may not be exempt under Subsection 61-1-14(1)(a) to the same extent as
6215     an obligation issued by or guaranteed as to principal and interest by the United States or an
6216     agency or instrumentality of the United States. Accordingly, any such security shall comply
6217     with the applicable registration and qualification requirements set forth in this chapter.
6218          (b) This Subsection (11) specifically overrides the preemption of state law contained in
6219     Section 106(c) of the Secondary Mortgage Market Enhancement Act of 1984, Public Law
6220     Number 98-440.
6221          Section 91. Section 62A-2-101 is amended to read:
6222          62A-2-101. Definitions.
6223          As used in this chapter:
6224          (1) "Adult day care" means nonresidential care and supervision:
6225          (a) for three or more adults for at least four but less than 24 hours a day; and
6226          (b) that meets the needs of functionally impaired adults through a comprehensive
6227     program that provides a variety of health, social, recreational, and related support services in a
6228     protective setting.
6229          (2) "Applicant" means a person who applies for an initial license or a license renewal
6230     under this chapter.
6231          (3) (a) "Associated with the licensee" means that an individual is:

6232          (i) affiliated with a licensee as an owner, director, member of the governing body,
6233     employee, agent, provider of care, department contractor, or volunteer; or
6234          (ii) applying to become affiliated with a licensee in a capacity described in Subsection
6235     (3)(a)(i).
6236          (b) "Associated with the licensee" does not include:
6237          (i) service on the following bodies, unless that service includes direct access to a child
6238     or a vulnerable adult:
6239          (A) a local mental health authority described in Section 17-43-301;
6240          (B) a local substance abuse authority described in Section 17-43-201; or
6241          (C) a board of an organization operating under a contract to provide mental health or
6242     substance abuse programs, or services for the local mental health authority or substance abuse
6243     authority; or
6244          (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
6245     at all times.
6246          (4) (a) "Boarding school" means a private school that:
6247          (i) uses a regionally accredited education program;
6248          (ii) provides a residence to the school's students:
6249          (A) for the purpose of enabling the school's students to attend classes at the school; and
6250          (B) as an ancillary service to educating the students at the school;
6251          (iii) has the primary purpose of providing the school's students with an education, as
6252     defined in Subsection (4)(b)(i); and
6253          (iv) (A) does not provide the treatment or services described in Subsection (33)(a); or
6254          (B) provides the treatment or services described in Subsection (33)(a) on a limited
6255     basis, as described in Subsection (4)(b)(ii).
6256          (b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
6257     one or more of grades kindergarten through 12th grade.
6258          (ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
6259     services described in Subsection (33)(a) on a limited basis if:
6260          (A) the treatment or services described in Subsection (33)(a) are provided only as an
6261     incidental service to a student; and
6262          (B) the school does not:

6263          (I) specifically solicit a student for the purpose of providing the treatment or services
6264     described in Subsection (33)(a); or
6265          (II) have a primary purpose of providing the treatment or services described in
6266     Subsection (33)(a).
6267          (c) "Boarding school" does not include a therapeutic school.
6268          (5) "Child" means a person under 18 years of age.
6269          (6) "Child placing" means receiving, accepting, or providing custody or care for any
6270     child, temporarily or permanently, for the purpose of:
6271          (a) finding a person to adopt the child;
6272          (b) placing the child in a home for adoption; or
6273          (c) foster home placement.
6274          (7) "Child-placing agency" means a person that engages in child placing.
6275          (8) "Client" means an individual who receives or has received services from a licensee.
6276          (9) "Day treatment" means specialized treatment that is provided to:
6277          (a) a client less than 24 hours a day; and
6278          (b) four or more persons who:
6279          (i) are unrelated to the owner or provider; and
6280          (ii) have emotional, psychological, developmental, physical, or behavioral
6281     dysfunctions, impairments, or chemical dependencies.
6282          (10) "Department" means the Department of Human Services.
6283          (11) "Department contractor" means an individual who:
6284          (a) provides services under a contract with the department; and
6285          (b) due to the contract with the department, has or will likely have direct access to a
6286     child or vulnerable adult.
6287          (12) "Direct access" means that an individual has, or likely will have:
6288          (a) contact with or access to a child or vulnerable adult that provides the individual
6289     with an opportunity for personal communication or touch; or
6290          (b) an opportunity to view medical, financial, or other confidential personal identifying
6291     information of the child, the child's parents or legal guardians, or the vulnerable adult.
6292          (13) "Directly supervised" means that an individual is being supervised under the
6293     uninterrupted visual and auditory surveillance of another individual who has a current

6294     background screening approval issued by the office.
6295          (14) "Director" means the director of the Office of Licensing.
6296          (15) "Domestic violence" means the same as that term is defined in Section 77-36-1.
6297          (16) "Domestic violence treatment program" means a nonresidential program designed
6298     to provide psychological treatment and educational services to perpetrators and victims of
6299     domestic violence.
6300          (17) "Elder adult" means a person 65 years of age or older.
6301          (18) "Executive director" means the executive director of the department.
6302          (19) "Foster home" means a residence that is licensed or certified by the Office of
6303     Licensing for the full-time substitute care of a child.
6304          (20) (a) "Health benefit plan" means the same as that term is defined in Section
6305     [31A-22-619.6] 31A-1-301.
6306          (b) "Health benefit plan" includes:
6307          (i) a health maintenance organization;
6308          (ii) a third party administrator that offers, sells, manages, or administers a health
6309     benefit plan; and
6310          (iii) the Public Employees' Benefit and Insurance Program created in Section
6311     49-20-103.
6312          (c) "Health benefit plan" does not include a health benefit plan offered by an insurer
6313     that has a market share in the state's fully insured market that is less than 2%, as determined in
6314     the annual Market Share Report published by the Insurance Department.
6315          (21) "Health care provider" means the same as that term is defined in Section
6316     78B-3-403.
6317          (22) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
6318          (23) (a) "Human services program" means a:
6319          (i) foster home;
6320          (ii) therapeutic school;
6321          (iii) youth program;
6322          (iv) resource family home;
6323          (v) recovery residence; or
6324          (vi) facility or program that provides:

6325          (A) secure treatment;
6326          (B) inpatient treatment;
6327          (C) residential treatment;
6328          (D) residential support;
6329          (E) adult day care;
6330          (F) day treatment;
6331          (G) outpatient treatment;
6332          (H) domestic violence treatment;
6333          (I) child-placing services;
6334          (J) social detoxification; or
6335          (K) any other human services that are required by contract with the department to be
6336     licensed with the department.
6337          (b) "Human services program" does not include:
6338          (i) a boarding school; or
6339          (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
6340          (24) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
6341          (25) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
6342          (26) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
6343          (27) "Licensee" means an individual or a human services program licensed by the
6344     office.
6345          (28) "Local government" means a city, town, metro township, or county.
6346          (29) "Minor" has the same meaning as "child."
6347          (30) "Office" means the Office of Licensing within the Department of Human Services.
6348          (31) "Outpatient treatment" means individual, family, or group therapy or counseling
6349     designed to improve and enhance social or psychological functioning for those whose physical
6350     and emotional status allows them to continue functioning in their usual living environment.
6351          (32) "Practice group" or "group practice" means two or more health care providers
6352     legally organized as a partnership, professional corporation, or similar association, for which:
6353          (a) substantially all of the services of the health care providers who are members of the
6354     group are provided through the group and are billed in the name of the group and amounts
6355     received are treated as receipts of the group; and

6356          (b) the overhead expenses of and the income from the practice are distributed in
6357     accordance with methods previously determined by members of the group.
6358          (33) (a) "Recovery residence" means a home, residence, or facility that meets at least
6359     two of the following requirements:
6360          (i) provides a supervised living environment for individuals recovering from a
6361     substance use disorder;
6362          (ii) provides a living environment in which more than half of the individuals in the
6363     residence are recovering from a substance use disorder;
6364          (iii) provides or arranges for residents to receive services related to their recovery from
6365     a substance use disorder, either on or off site;
6366          (iv) is held out as a living environment in which individuals recovering from substance
6367     abuse disorders live together to encourage continued sobriety; or
6368          (v) (A) receives public funding; or
6369          (B) is run as a business venture, either for-profit or not-for-profit.
6370          (b) "Recovery residence" does not mean:
6371          (i) a residential treatment program;
6372          (ii) residential support; or
6373          (iii) a home, residence, or facility, in which:
6374          (A) residents, by their majority vote, establish, implement, and enforce policies
6375     governing the living environment, including the manner in which applications for residence are
6376     approved and the manner in which residents are expelled;
6377          (B) residents equitably share rent and housing-related expenses; and
6378          (C) a landlord, owner, or operator does not receive compensation, other than fair
6379     market rental income, for establishing, implementing, or enforcing policies governing the
6380     living environment.
6381          (34) "Regular business hours" means:
6382          (a) the hours during which services of any kind are provided to a client; or
6383          (b) the hours during which a client is present at the facility of a licensee.
6384          (35) (a) "Residential support" means arranging for or providing the necessities of life
6385     as a protective service to individuals or families who have a disability or who are experiencing
6386     a dislocation or emergency that prevents them from providing these services for themselves or

6387     their families.
6388          (b) "Residential support" includes providing a supervised living environment for
6389     persons with dysfunctions or impairments that are:
6390          (i) emotional;
6391          (ii) psychological;
6392          (iii) developmental; or
6393          (iv) behavioral.
6394          (c) Treatment is not a necessary component of residential support.
6395          (d) "Residential support" does not include:
6396          (i) a recovery residence; or
6397          (ii) residential services that are performed:
6398          (A) exclusively under contract with the Division of Services for People with
6399     Disabilities; or
6400          (B) in a facility that serves fewer than four individuals.
6401          (36) (a) "Residential treatment" means a 24-hour group living environment for four or
6402     more individuals unrelated to the owner or provider that offers room or board and specialized
6403     treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
6404     services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
6405     impairments, or chemical dependencies.
6406          (b) "Residential treatment" does not include a:
6407          (i) boarding school;
6408          (ii) foster home; or
6409          (iii) recovery residence.
6410          (37) "Residential treatment program" means a human services program that provides:
6411          (a) residential treatment; or
6412          (b) secure treatment.
6413          (38) (a) "Secure treatment" means 24-hour specialized residential treatment or care for
6414     persons whose current functioning is such that they cannot live independently or in a less
6415     restrictive environment.
6416          (b) "Secure treatment" differs from residential treatment to the extent that it requires
6417     intensive supervision, locked doors, and other security measures that are imposed on residents

6418     with neither their consent nor control.
6419          (39) "Social detoxification" means short-term residential services for persons who are
6420     experiencing or have recently experienced drug or alcohol intoxication, that are provided
6421     outside of a health care facility licensed under Title 26, Chapter 21, Health Care Facility
6422     Licensing and Inspection Act, and that include:
6423          (a) room and board for persons who are unrelated to the owner or manager of the
6424     facility;
6425          (b) specialized rehabilitation to acquire sobriety; and
6426          (c) aftercare services.
6427          (40) "Substance abuse disorder" or "substance use disorder" mean the same as
6428     "substance use disorder" is defined in Section 62A-15-1202.
6429          (41) "Substance abuse treatment program" or "substance use disorder treatment
6430     program" means a program:
6431          (a) designed to provide:
6432          (i) specialized drug or alcohol treatment;
6433          (ii) rehabilitation; or
6434          (iii) habilitation services; and
6435          (b) that provides the treatment or services described in Subsection (40)(a) to persons
6436     with:
6437          (i) a diagnosed substance use disorder; or
6438          (ii) chemical dependency disorder.
6439          (42) "Therapeutic school" means a residential group living facility:
6440          (a) for four or more individuals that are not related to:
6441          (i) the owner of the facility; or
6442          (ii) the primary service provider of the facility;
6443          (b) that serves students who have a history of failing to function:
6444          (i) at home;
6445          (ii) in a public school; or
6446          (iii) in a nonresidential private school; and
6447          (c) that offers:
6448          (i) room and board; and

6449          (ii) an academic education integrated with:
6450          (A) specialized structure and supervision; or
6451          (B) services or treatment related to:
6452          (I) a disability;
6453          (II) emotional development;
6454          (III) behavioral development;
6455          (IV) familial development; or
6456          (V) social development.
6457          (43) "Unrelated persons" means persons other than parents, legal guardians,
6458     grandparents, brothers, sisters, uncles, or aunts.
6459          (44) "Vulnerable adult" means an elder adult or an adult who has a temporary or
6460     permanent mental or physical impairment that substantially affects the person's ability to:
6461          (a) provide personal protection;
6462          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
6463          (c) obtain services necessary for health, safety, or welfare;
6464          (d) carry out the activities of daily living;
6465          (e) manage the adult's own resources; or
6466          (f) comprehend the nature and consequences of remaining in a situation of abuse,
6467     neglect, or exploitation.
6468          (45) (a) "Youth program" means a nonresidential program designed to provide
6469     behavioral, substance abuse, or mental health services to minors that:
6470          (i) serves adjudicated or nonadjudicated youth;
6471          (ii) charges a fee for its services;
6472          (iii) may or may not provide host homes or other arrangements for overnight
6473     accommodation of the youth;
6474          (iv) may or may not provide all or part of its services in the outdoors;
6475          (v) may or may not limit or censor access to parents or guardians; and
6476          (vi) prohibits or restricts a minor's ability to leave the program at any time of the
6477     minor's own free will.
6478          (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
6479     Scouts, 4-H, and other such organizations.

6480          Section 92. Section 62A-4a-201 is amended to read:
6481          62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
6482     state.
6483          (1) (a) Under both the United States Constitution and the constitution of this state, a
6484     parent possesses a fundamental liberty interest in the care, custody, and management of the
6485     parent's children. A fundamentally fair process must be provided to parents if the state moves
6486     to challenge or interfere with parental rights. A governmental entity must support any actions
6487     or allegations made in opposition to the rights and desires of a parent regarding the parent's
6488     children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
6489     protection against government interference with the parent's fundamental rights and liberty
6490     interests and, concomitantly, the right of the child to be reared by the child's natural parent.
6491          (b) The fundamental liberty interest of a parent concerning the care, custody, and
6492     management of the parent's children is recognized, protected, and does not cease to exist
6493     simply because a parent may fail to be a model parent or because the parent's child is placed in
6494     the temporary custody of the state. At all times, a parent retains a vital interest in preventing
6495     the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
6496     action in relation to parents and their children may not exceed the least restrictive means or
6497     alternatives available to accomplish a compelling state interest. Until the state proves parental
6498     unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
6499     the child and the child's parents share a vital interest in preventing erroneous termination of
6500     their natural relationship and the state cannot presume that a child and the child's parents are
6501     adversaries.
6502          (c) It is in the best interest and welfare of a child to be raised under the care and
6503     supervision of the child's natural parents. A child's need for a normal family life in a
6504     permanent home, and for positive, nurturing family relationships is usually best met by the
6505     child's natural parents. Additionally, the integrity of the family unit and the right of parents to
6506     conceive and raise their children are constitutionally protected. The right of a fit, competent
6507     parent to raise the parent's child without undue government interference is a fundamental
6508     liberty interest that has long been protected by the laws and Constitution and is a fundamental
6509     public policy of this state.
6510          (d) The state recognizes that:

6511          (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
6512     train, educate, provide and care for, and reasonably discipline the parent's children; and
6513          (ii) the state's role is secondary and supportive to the primary role of a parent.
6514          (e) It is the public policy of this state that parents retain the fundamental right and duty
6515     to exercise primary control over the care, supervision, upbringing, and education of their
6516     children.
6517          (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
6518     Subsection (1).
6519          (2) It is also the public policy of this state that children have the right to protection
6520     from abuse and neglect, and that the state retains a compelling interest in investigating,
6521     prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
6522     Chapter 6, Juvenile Court Act. Therefore, the state, as parens patriae, has an interest in and
6523     responsibility to protect children whose parents abuse them or do not adequately provide for
6524     their welfare. There may be circumstances where a parent's conduct or condition is a
6525     substantial departure from the norm and the parent is unable or unwilling to render safe and
6526     proper parental care and protection. Under those circumstances, the state may take action for
6527     the welfare and protection of the parent's children.
6528          (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
6529     it shall take into account the child's need for protection from immediate harm and the extent to
6530     which the child's extended family may provide needed protection. Throughout its involvement,
6531     the division shall utilize the least intrusive and least restrictive means available to protect a
6532     child, in an effort to ensure that children are brought up in stable, permanent families, rather
6533     than in temporary foster placements under the supervision of the state.
6534          (4) When circumstances within the family pose a threat to the child's immediate safety
6535     or welfare, the division may seek custody of the child for a planned, temporary period and
6536     place the child in a safe environment, subject to the requirements of this section and in
6537     accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
6538     Dependency Proceedings, and:
6539          (a) when safe and appropriate, return the child to the child's parent; or
6540          (b) as a last resort, pursue another permanency plan.
6541          (5) In determining and making "reasonable efforts" with regard to a child, pursuant to

6542     the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
6543     shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
6544     and the constitutionally protected rights of a parent, as described in this section, shall be given
6545     full and serious consideration by the division and the court.
6546          (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
6547     abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
6548     to, in any other way, attempt to maintain a child in the child's home, provide reunification
6549     services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
6550     not exempt the division from providing court-ordered services.
6551          (7) (a) In accordance with Subsection (1), the division shall strive to achieve
6552     appropriate permanency for children who are abused, neglected, or dependent. The division
6553     shall provide in-home services, where appropriate and safe, in an effort to help a parent to
6554     correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
6555     division may pursue a foster placement only if in-home services fail or are otherwise
6556     insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
6557     and kinship placement fail and cannot be corrected. The division shall also seek qualified
6558     extended family support or a kinship placement to maintain a sense of security and stability for
6559     the child.
6560          (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
6561     and (6), is determined to be inconsistent with the permanency plan for a child, then measures
6562     shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
6563     and to complete whatever steps are necessary to finalize the permanent placement of the child.
6564          (c) Subject to the parental rights recognized and protected under this section, if,
6565     because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
6566     based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
6567     5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
6568     paramount importance, and shall be protected in determining whether that parent's rights
6569     should be terminated.
6570          (8) The state's right to direct or intervene in the provision of medical or mental health
6571     care for a child is subject to Subsections 78A-6-105[(35)(d)](36)(b)(i) through (iii) and
6572     78A-6-117(2) and Section 78A-6-301.5.

6573          Section 93. Section 62A-15-1101 is amended to read:
6574          62A-15-1101. Suicide prevention -- Reporting requirements.
6575          (1) The division shall appoint a state suicide prevention coordinator to administer a
6576     state suicide prevention program composed of suicide prevention, intervention, and postvention
6577     programs, services, and efforts.
6578          (2) The coordinator shall:
6579          (a) establish a Statewide Suicide Prevention Coalition with membership from public
6580     and private organizations and Utah citizens; and
6581          (b) appoint a chair and co-chair from among the membership of the coalition to lead
6582     the coalition.
6583          (3) The state suicide prevention program may include the following components:
6584          (a) delivery of resources, tools, and training to community-based coalitions;
6585          (b) evidence-based suicide risk assessment tools and training;
6586          (c) town hall meetings for building community-based suicide prevention strategies;
6587          (d) suicide prevention gatekeeper training;
6588          (e) training to identify warning signs and to manage an at-risk individual's crisis;
6589          (f) evidence-based intervention training;
6590          (g) intervention skills training; and
6591          (h) postvention training.
6592          (4) The coordinator shall coordinate with the following to gather statistics, among
6593     other duties:
6594          (a) local mental health and substance abuse authorities;
6595          (b) the State Board of Education, including the public education suicide prevention
6596     coordinator described in Section 53G-9-702;
6597          (c) the Department of Health;
6598          (d) health care providers, including emergency rooms;
6599          (e) federal agencies, including the Federal Bureau of Investigation;
6600          (f) other unbiased sources; and
6601          (g) other public health suicide prevention efforts.
6602          (5) The coordinator shall provide a written report to the Health and Human Services
6603     Interim Committee, at or before the October meeting every year, on:

6604          (a) implementation of the state suicide prevention program, as described in Subsections
6605     (1) and (3);
6606          (b) data measuring the effectiveness of each component of the state suicide prevention
6607     program;
6608          (c) funds appropriated for each component of the state suicide prevention program; and
6609          (d) five-year trends of suicides in Utah, including subgroups of youths and adults and
6610     other subgroups identified by the state suicide prevention coordinator.
6611          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6612     division shall make rules:
6613          (a) governing the implementation of the state suicide prevention program, consistent
6614     with this section; and
6615          (b) in conjunction with the bureau, defining the criteria for employers to apply for
6616     grants under the Suicide Prevention Education Program in Section 53-10-202.3, which shall
6617     include[:(i)] attendance at a suicide prevention education course[; and].
6618          [(ii) display of posters and distribution of the firearm safety brochures or packets
6619     created in Subsection 53-10-202(18)(a)(iii), but does not require the distribution of a
6620     cable-style gun lock with a firearm if the firearm already has a trigger lock or comparable
6621     safety mechanism.]
6622          (7) As funding by the Legislature allows, the coordinator shall award grants, not to
6623     exceed a total of $100,000 per fiscal year, to suicide prevention programs that focus on the
6624     needs of children who have been served by the Division of Juvenile Justice Services.
6625          (8) The coordinator and the coalition shall submit to the advisory council, no later than
6626     October 1 each year, a written report detailing the previous fiscal year's activities to fund,
6627     implement, and evaluate suicide prevention activities described in this section.
6628          Section 94. Section 63A-14-405 is amended to read:
6629          63A-14-405. Motion to disqualify commission member for conflict of interest.
6630          (1) A complainant may file a motion to disqualify one or more members of the
6631     commission from participating in proceedings relating to the complaint if the individual files
6632     the motion within 20 days after the later of:
6633          (a) the day on which the individual files the ethics complaint; or
6634          (b) the day on which the individual knew or should have known of the grounds upon

6635     which the motion is based.
6636          (2) A respondent may file a motion to disqualify one or more members of the
6637     commission from participating in proceedings relating to the complaint if the respondent files
6638     the motion within 20 days after the later of:
6639          (a) the day on which the respondent receives delivery of the complaint; or
6640          (b) the day on which the respondent knew or should have known of the grounds upon
6641     which the motion is based.
6642          (3) A motion filed under this section shall include:
6643          (a) a statement that the members to whom the motion relates have a conflict of interest
6644     that, under the circumstances, would lead a reasonable person to question the impartiality of
6645     the members;
6646          (b) a detailed description of the grounds supporting the statement described in
6647     Subsection (3)(a); and
6648          (c) a statement that the motion is filed in good faith, supported by an affidavit or
6649     declaration under penalty of [Section 78B-5-705] Title 78B, Chapter 18a, Uniform Unsworn
6650     Declarations Act, stating that the motion and all accompanying statements and documents are
6651     true and correct to the best of the complainant's or respondent's knowledge.
6652          (4) A party may not file more than one motion to disqualify, unless the second or
6653     subsequent motion:
6654          (a) is based on grounds of which the party was not aware, and could not have been
6655     aware, at the time of the earlier motion; and
6656          (b) is accompanied by a statement, included in the affidavit or declaration described in
6657     Subsection (3)(c), explaining how and when the party first became aware of the grounds
6658     described in Subsection (4)(a).
6659          (5) The commission shall dismiss a motion filed under this section, with prejudice, if
6660     the motion:
6661          (a) is not timely filed; or
6662          (b) does not comply with the requirements of this section.
6663          (6) A member of the commission may:
6664          (a) on the member's own motion, disqualify the member from participating in
6665     proceedings relating to a complaint if the member believes that the member has a conflict of

6666     interest that, under the circumstances, would lead a reasonable person to question the
6667     impartiality of the member; or
6668          (b) ask the commission to disqualify another member of the commission if the member
6669     believes that the member has a conflict of interest that, under the circumstances, would lead a
6670     reasonable person to question the impartiality of the member.
6671          (7) (a) When a party files a motion under this section, or when a commission member
6672     makes a request under Subsection (6)(b), the commission member for whom disqualification is
6673     sought may make the initial determination regarding whether the commission member has a
6674     conflict of interest.
6675          (b) If a commission member described in Subsection (7)(a) determines that the
6676     commission member has a conflict of interest, the commission member shall disqualify the
6677     commission member from participating in the matter.
6678          (c) If a commission member described in Subsection (7)(a) determines that the
6679     commission member does not have a conflict of interest, or declines to make the determination,
6680     the remainder of the commission shall, by majority vote, determine whether the commission
6681     member has a conflict of interest.
6682          (d) A vote of the commission, under Subsection (7)(c), constitutes a final decision on
6683     the issue of a conflict of interest.
6684          (8) In making a determination under Subsection (7)(c), the commission may:
6685          (a) gather additional evidence;
6686          (b) hear testimony; or
6687          (c) request that the commission member who is the subject of the motion or request file
6688     an affidavit or declaration responding to questions posed by the commission.
6689          Section 95. Section 63A-15-303 is amended to read:
6690          63A-15-303. Motion to disqualify commission member for conflict of interest.
6691          (1) A complainant may file a motion to disqualify one or more members of the
6692     commission from participating in proceedings relating to the complaint if the individual files
6693     the motion within 20 days after the later of:
6694          (a) the day on which the individual files the ethics complaint; or
6695          (b) the day on which the individual knew or should have known of the grounds upon
6696     which the motion is based.

6697          (2) A respondent may file a motion to disqualify one or more members of the
6698     commission from participating in proceedings relating to the complaint if the respondent files
6699     the motion within 20 days after the later of:
6700          (a) the day on which the respondent receives delivery of the complaint; or
6701          (b) the day on which the respondent knew or should have known of the grounds upon
6702     which the motion is based.
6703          (3) A motion filed under this section shall include:
6704          (a) a statement that the members to whom the motion relates have a conflict of interest
6705     that, under the circumstances, would lead a reasonable person to question the impartiality of
6706     the members;
6707          (b) a detailed description of the grounds supporting the statement described in
6708     Subsection (3)(a); and
6709          (c) a statement that the motion is filed in good faith, supported by an affidavit or
6710     declaration under penalty of [Section 78B-5-705] Title 78B, Chapter 18a, Uniform Unsworn
6711     Declarations Act, stating that the motion and all accompanying statements and documents are
6712     true and correct to the best of the complainant's or respondent's knowledge.
6713          (4) A party may not file more than one motion to disqualify, unless the second or
6714     subsequent motion:
6715          (a) is based on grounds of which the party was not aware, and could not have been
6716     aware, at the time of the earlier motion; and
6717          (b) is accompanied by a statement, included in the affidavit or declaration described in
6718     Subsection (3)(c), explaining how and when the party first became aware of the grounds
6719     described in Subsection (4)(a).
6720          (5) The commission shall dismiss a motion filed under this section, with prejudice, if
6721     the motion:
6722          (a) is not timely filed; or
6723          (b) does not comply with the requirements of this section.
6724          (6) A member of the commission may:
6725          (a) on the member's own motion, disqualify the member from participating in
6726     proceedings relating to a complaint if the member believes that the member has a conflict of
6727     interest that, under the circumstances, would lead a reasonable person to question the

6728     impartiality of the member; or
6729          (b) ask the commission to disqualify another member of the commission if the member
6730     believes that the member has a conflict of interest that, under the circumstances, would lead a
6731     reasonable person to question the impartiality of the member.
6732          (7) (a) When a party files a motion under this section, or a when commission member
6733     makes a request under Subsection (6)(b), the commission member for whom disqualification is
6734     sought may make the initial determination regarding whether the commission member has a
6735     conflict of interest.
6736          (b) If a commission member described in Subsection (7)(a) determines that the
6737     commission member has a conflict of interest, the commission member shall disqualify the
6738     commission member from participating in the matter.
6739          (c) If a commission member described in Subsection (7)(a) determines that the
6740     commission member does not have a conflict of interest, or declines to make the determination,
6741     the remainder of the commission shall, by majority vote, determine whether the commission
6742     member has a conflict of interest.
6743          (d) A vote of the commission, under Subsection (7)(c), constitutes a final decision on
6744     the issue of a conflict of interest.
6745          (8) In making a determination under Subsection (7)(c), the commission may:
6746          (a) gather additional evidence;
6747          (b) hear testimony; or
6748          (c) request that the commission member who is the subject of the motion or request file
6749     an affidavit or declaration responding to questions posed by the commission.
6750          Section 96. Section 63G-6a-103 is amended to read:
6751          63G-6a-103. Definitions.
6752          As used in this chapter:
6753          (1) "Applicable rulemaking authority" means:
6754          (a) for a legislative procurement unit, the Legislative Management Committee;
6755          (b) for a judicial procurement unit, the Judicial Council;
6756          (c) (i) only to the extent of the procurement authority expressly granted to the
6757     procurement unit by statute:
6758          (A) for the building board or the Division of Facilities Construction and Management,

6759     created in Section 63A-5-201, the building board;
6760          (B) for the Office of the Attorney General, the attorney general; and
6761          (C) for the Department of Transportation created in Section 72-1-201, the executive
6762     director of the Department of Transportation; and
6763          (ii) for each other executive branch procurement unit, the board;
6764          (d) for a local government procurement unit:
6765          (i) the legislative body of the local government procurement unit; or
6766          (ii) an individual or body designated by the legislative body of the local government
6767     procurement unit;
6768          (e) for a school district or a public school, the board, except to the extent of a school
6769     district's own nonadministrative rules that do not conflict with the provisions of this chapter;
6770          (f) for a state institution of higher education described in:
6771          (i) Subsections 53B-1-102(1)(a) and (c), the State Board of Regents; or
6772          (ii) Subsection 53B-1-102(1)(b), the Utah System of Technical Colleges Board of
6773     Trustees;
6774          (g) for the State Board of Education, the State Board of Education;
6775          (h) for a public transit district, the chief executive of the public transit district;
6776          (i) for a local district other than a public transit district or for a special service district:
6777          (i) before January 1, 2015, the board of trustees of the local district or the governing
6778     body of the special service district; or
6779          (ii) on or after January 1, 2015, the board, except to the extent that the board of trustees
6780     of the local district or the governing body of the special service district makes its own rules:
6781          (A) with respect to a subject addressed by board rules; or
6782          (B) that are in addition to board rules;
6783          (j) for the Utah Communications Authority, established in Section 63H-7a-201, the
6784     Utah Communications Authority Board, created in Section 63H-7a-203; or
6785          (k) for any other procurement unit, the board.
6786          (2) "Approved vendor" means a person who has been approved for inclusion on an
6787     approved vendor list through the approved vendor list process.
6788          (3) "Approved vendor list" means a list of approved vendors established under Section
6789     63G-6a-507.

6790          (4) "Approved vendor list process" means the procurement process described in
6791     Section 63G-6a-507.
6792          (5) "Bidder" means a person who submits a bid or price quote in response to an
6793     invitation for bids.
6794          (6) "Bidding process" means the procurement process described in Part 6, Bidding.
6795          (7) "Board" means the Utah State Procurement Policy Board, created in Section
6796     63G-6a-202.
6797          (8) "Building board" means the State Building Board, created in Section 63A-5-101.
6798          (9) "Change directive" means a written order signed by the procurement officer that
6799     directs the contractor to suspend work or make changes, as authorized by contract, without the
6800     consent of the contractor.
6801          (10) "Change order" means a written alteration in specifications, delivery point, rate of
6802     delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
6803     agreement of the parties to the contract.
6804          (11) "Chief procurement officer" means the chief procurement officer appointed under
6805     Subsection 63G-6a-302(1).
6806          (12) "Conducting procurement unit" means a procurement unit that conducts all
6807     aspects of a procurement:
6808          (a) except:
6809          (i) reviewing a solicitation to verify that it is in proper form; and
6810          (ii) causing the publication of a notice of a solicitation; and
6811          (b) including:
6812          (i) preparing any solicitation document;
6813          (ii) appointing an evaluation committee;
6814          (iii) conducting the evaluation process, except as provided in Subsection
6815     63G-6a-707(6)(b) relating to scores calculated for costs of proposals;
6816          (iv) selecting and recommending the person to be awarded a contract;
6817          (v) negotiating the terms and conditions of a contract, subject to the issuing
6818     procurement unit's approval; and
6819          (vi) contract administration.
6820          (13) "Conservation district" means the same as that term is defined in Section

6821     17D-3-102.
6822          (14) "Construction":
6823          (a) means services, including work, and supplies for a project for the construction,
6824     renovation, alteration, improvement, or repair of a public facility on real property; and
6825          (b) does not include services and supplies for the routine, day-to-day operation, repair,
6826     or maintenance of an existing public facility.
6827          (15) "Construction manager/general contractor":
6828          (a) means a contractor who enters into a contract:
6829          (i) for the management of a construction project; and
6830          (ii) that allows the contractor to subcontract for additional labor and materials that are
6831     not included in the contractor's cost proposal submitted at the time of the procurement of the
6832     contractor's services; and
6833          (b) does not include a contractor whose only subcontract work not included in the
6834     contractor's cost proposal submitted as part of the procurement of the contractor's services is to
6835     meet subcontracted portions of change orders approved within the scope of the project.
6836          (16) "Construction subcontractor":
6837          (a) means a person under contract with a contractor or another subcontractor to provide
6838     services or labor for the design or construction of a construction project;
6839          (b) includes a general contractor or specialty contractor licensed or exempt from
6840     licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
6841          (c) does not include a supplier who provides only materials, equipment, or supplies to a
6842     contractor or subcontractor for a construction project.
6843          (17) "Contract" means an agreement for a procurement.
6844          (18) "Contract administration" means all functions, duties, and responsibilities
6845     associated with managing, overseeing, and carrying out a contract between a procurement unit
6846     and a contractor, including:
6847          (a) implementing the contract;
6848          (b) ensuring compliance with the contract terms and conditions by the conducting
6849     procurement unit and the contractor;
6850          (c) executing change orders;
6851          (d) processing contract amendments;

6852          (e) resolving, to the extent practicable, contract disputes;
6853          (f) curing contract errors and deficiencies;
6854          (g) terminating a contract;
6855          (h) measuring or evaluating completed work and contractor performance;
6856          (i) computing payments under the contract; and
6857          (j) closing out a contract.
6858          (19) "Contractor" means a person who is awarded a contract with a procurement unit.
6859          (20) "Cooperative procurement" means procurement conducted by, or on behalf of:
6860          (a) more than one procurement unit; or
6861          (b) a procurement unit and a cooperative purchasing organization.
6862          (21) "Cooperative purchasing organization" means an organization, association, or
6863     alliance of purchasers established to combine purchasing power in order to obtain the best
6864     value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
6865          (22) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
6866     contractor is paid a percentage of the total actual expenses or costs in addition to the
6867     contractor's actual expenses or costs.
6868          (23) "Cost-reimbursement contract" means a contract under which a contractor is
6869     reimbursed for costs which are allowed and allocated in accordance with the contract terms and
6870     the provisions of this chapter, and a fee, if any.
6871          (24) "Days" means calendar days, unless expressly provided otherwise.
6872          (25) "Definite quantity contract" means a fixed price contract that provides for a
6873     specified amount of supplies over a specified period, with deliveries scheduled according to a
6874     specified schedule.
6875          (26) "Design professional" means:
6876          (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
6877     Licensing Act; or
6878          (b) an individual licensed as a professional engineer or professional land surveyor
6879     under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
6880     Act.
6881          (27) "Design professional procurement process" means the procurement process
6882     described in Part 15, Design Professional Services.

6883          [(28) "Design-build" means the procurement of design professional services and
6884     construction by the use of a single contract.]
6885          [(29)] (28) "Design professional services" means:
6886          (a) professional services within the scope of the practice of architecture as defined in
6887     Section 58-3a-102;
6888          (b) professional engineering as defined in Section 58-22-102; or
6889          (c) master planning and programming services.
6890          (29) "Design-build" means the procurement of design professional services and
6891     construction by the use of a single contract.
6892          (30) "Director" means the director of the division.
6893          (31) "Division" means the Division of Purchasing and General Services, created in
6894     Section 63A-2-101.
6895          (32) "Educational procurement unit" means:
6896          (a) a school district;
6897          (b) a public school, including a local school board or a charter school;
6898          (c) the Utah Schools for the Deaf and the Blind;
6899          (d) the Utah Education and Telehealth Network;
6900          (e) an institution of higher education of the state described in Section 53B-1-102; or
6901          (f) the State Board of Education.
6902          (33) "Established catalogue price" means the price included in a catalogue, price list,
6903     schedule, or other form that:
6904          (a) is regularly maintained by a manufacturer or contractor;
6905          (b) is published or otherwise available for inspection by customers; and
6906          (c) states prices at which sales are currently or were last made to a significant number
6907     of any category of buyers or buyers constituting the general buying public for the supplies or
6908     services involved.
6909          (34) "Executive branch procurement unit" means a department, division, office,
6910     bureau, agency, or other organization within the state executive branch.
6911          (35) "Fixed price contract" means a contract that provides a price, for each
6912     procurement item obtained under the contract, that is not subject to adjustment except to the
6913     extent that:

6914          (a) the contract provides, under circumstances specified in the contract, for an
6915     adjustment in price that is not based on cost to the contractor; or
6916          (b) an adjustment is required by law.
6917          (36) "Fixed price contract with price adjustment" means a fixed price contract that
6918     provides for an upward or downward revision of price, precisely described in the contract, that:
6919          (a) is based on the consumer price index or another commercially acceptable index,
6920     source, or formula; and
6921          (b) is not based on a percentage of the cost to the contractor.
6922          (37) "Grant" means an expenditure of public funds or other assistance, or an agreement
6923     to expend public funds or other assistance, for a public purpose authorized by law, without
6924     acquiring a procurement item in exchange.
6925          (38) "Head of a procurement unit" means:
6926          (a) for a legislative procurement unit, any person designated by rule made by the
6927     applicable rulemaking authority;
6928          (b) for an executive branch procurement unit:
6929          (i) the director of the division; or
6930          (ii) any other person designated by the board, by rule;
6931          (c) for a judicial procurement unit:
6932          (i) the Judicial Council; or
6933          (ii) any other person designated by the Judicial Council, by rule;
6934          (d) for a local government procurement unit:
6935          (i) the legislative body of the local government procurement unit; or
6936          (ii) any other person designated by the local government procurement unit;
6937          (e) for a local district other than a public transit district, the board of trustees of the
6938     local district or a designee of the board of trustees;
6939          (f) for a special service district, the governing body of the special service district or a
6940     designee of the governing body;
6941          (g) for a local building authority, the board of directors of the local building authority
6942     or a designee of the board of directors;
6943          (h) for a conservation district, the board of supervisors of the conservation district or a
6944     designee of the board of supervisors;

6945          (i) for a public corporation, the board of directors of the public corporation or a
6946     designee of the board of directors;
6947          (j) for a school district or any school or entity within a school district, the board of the
6948     school district, or the board's designee;
6949          (k) for a charter school, the individual or body with executive authority over the charter
6950     school, or the individual's or body's designee;
6951          (l) for an institution of higher education described in Section 53B-2-101, the president
6952     of the institution of higher education, or the president's designee;
6953          (m) for a public transit district, the board of trustees or a designee of the board of
6954     trustees;
6955          (n) for the State Board of Education, the State Board of Education or a designee of the
6956     State Board of Education; or
6957          (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
6958     executive director of the Utah Communications Authority or a designee of the executive
6959     director.
6960          (39) "Immaterial error":
6961          (a) means an irregularity or abnormality that is:
6962          (i) a matter of form that does not affect substance; or
6963          (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
6964     or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
6965          (b) includes:
6966          (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
6967     professional license, bond, or insurance certificate;
6968          (ii) a typographical error;
6969          (iii) an error resulting from an inaccuracy or omission in the solicitation; and
6970          (iv) any other error that the chief procurement officer or the head of a procurement unit
6971     with independent procurement authority reasonably considers to be immaterial.
6972          (40) "Indefinite quantity contract" means a fixed price contract that:
6973          (a) is for an indefinite amount of procurement items to be supplied as ordered by a
6974     procurement unit; and
6975          (b) (i) does not require a minimum purchase amount; or

6976          (ii) provides a maximum purchase limit.
6977          (41) "Independent procurement authority" means authority granted to a procurement
6978     unit under Subsection 63G-6a-106(4)(a).
6979          (42) "Invitation for bids":
6980          (a) means a document used to solicit:
6981          (i) bids to provide a procurement item to a procurement unit; or
6982          (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
6983          (b) includes all documents attached to or incorporated by reference in a document
6984     described in Subsection (42)(a).
6985          (43) "Issuing procurement unit" means a procurement unit that:
6986          (a) reviews a solicitation to verify that it is in proper form;
6987          (b) causes the notice of a solicitation to be published; and
6988          (c) negotiates and approves the terms and conditions of a contract.
6989          (44) "Judicial procurement unit" means:
6990          (a) the Utah Supreme Court;
6991          (b) the Utah Court of Appeals;
6992          (c) the Judicial Council;
6993          (d) a state judicial district; or
6994          (e) an office, committee, subcommittee, or other organization within the state judicial
6995     branch.
6996          (45) "Labor hour contract" is a contract under which:
6997          (a) the supplies and materials are not provided by, or through, the contractor; and
6998          (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
6999     profit for a specified number of labor hours or days.
7000          (46) "Legislative procurement unit" means:
7001          (a) the Legislature;
7002          (b) the Senate;
7003          (c) the House of Representatives;
7004          (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
7005          (e) a committee, subcommittee, commission, or other organization:
7006          (i) within the state legislative branch; or

7007          (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
7008          (B) the membership of which includes legislators; and
7009          (C) for which the Office of Legislative Research and General Counsel provides staff
7010     support.
7011          (47) "Local building authority" means the same as that term is defined in Section
7012     17D-2-102.
7013          (48) "Local district" means the same as that term is defined in Section 17B-1-102.
7014          (49) "Local government procurement unit" means:
7015          (a) a county or municipality, and each office or agency of the county or municipality,
7016     unless the county or municipality adopts its own procurement code by ordinance;
7017          (b) a county or municipality that has adopted this entire chapter by ordinance, and each
7018     office or agency of that county or municipality; or
7019          (c) a county or municipality that has adopted a portion of this chapter by ordinance, to
7020     the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
7021     office or agency of that county or municipality.
7022          (50) "Multiple award contracts" means the award of a contract for an indefinite
7023     quantity of a procurement item to more than one person.
7024          (51) "Multiyear contract" means a contract that extends beyond a one-year period,
7025     including a contract that permits renewal of the contract, without competition, beyond the first
7026     year of the contract.
7027          (52) "Municipality" means a city, town, or metro township.
7028          (53) "Nonadopting local government procurement unit" means:
7029          (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
7030     Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
7031     General Provisions Related to Protest or Appeal; and
7032          (b) each office or agency of a county or municipality described in Subsection (53)(a).
7033          (54) "Offeror" means a person who submits a proposal in response to a request for
7034     proposals.
7035          (55) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
7036     under the requirements of this chapter.
7037          (56) "Procure" means to acquire a procurement item through a procurement.

7038          (57) "Procurement":
7039          (a) means a procurement unit's acquisition of a procurement item through an
7040     expenditure of public funds, or an agreement to expend public funds, including an acquisition
7041     through a public-private partnership;
7042          (b) includes all functions that pertain to the acquisition of a procurement item,
7043     including:
7044          (i) preparing and issuing a solicitation; and
7045          (ii) (A) conducting a standard procurement process; or
7046          (B) conducting a procurement process that is an exception to a standard procurement
7047     process under Part 8, Exceptions to Procurement Requirements; and
7048          (c) does not include a grant.
7049          (58) "Procurement item" means a supply, a service, or construction.
7050          (59) "Procurement officer" means:
7051          (a) for a procurement unit with independent procurement authority:
7052          (i) the head of the procurement unit;
7053          (ii) a designee of the head of the procurement unit; or
7054          (iii) a person designated by rule made by the applicable rulemaking authority; or
7055          (b) for the division or a procurement unit without independent procurement authority,
7056     the chief procurement officer.
7057          (60) "Procurement unit":
7058          (a) means:
7059          (i) a legislative procurement unit;
7060          (ii) an executive branch procurement unit;
7061          (iii) a judicial procurement unit;
7062          (iv) an educational procurement unit;
7063          (v) the Utah Communications Authority, established in Section 63H-7a-201;
7064          (vi) a local government procurement unit;
7065          (vii) a local district;
7066          (viii) a special service district;
7067          (ix) a local building authority;
7068          (x) a conservation district;

7069          (xi) a public corporation; or
7070          (xii) a public transit district; and
7071          (b) does not include a political subdivision created under Title 11, Chapter 13,
7072     Interlocal Cooperation Act.
7073          (61) "Professional service" means labor, effort, or work that requires an elevated
7074     degree of specialized knowledge and discretion, including labor, effort, or work in the field of:
7075          (a) accounting;
7076          (b) administrative law judge service;
7077          (c) architecture;
7078          (d) construction design and management;
7079          (e) engineering;
7080          (f) financial services;
7081          (g) information technology;
7082          (h) the law;
7083          (i) medicine;
7084          (j) psychiatry; or
7085          (k) underwriting.
7086          (62) "Protest officer" means:
7087          (a) for the division or a procurement unit with independent procurement authority:
7088          (i) the head of the procurement unit;
7089          (ii) the head of the procurement unit's designee who is an employee of the procurement
7090     unit; or
7091          (iii) a person designated by rule made by the applicable rulemaking authority; or
7092          (b) for a procurement unit without independent procurement authority, the chief
7093     procurement officer or the chief procurement officer's designee who is an employee of the
7094     division .
7095          (63) "Public corporation" means the same as that term is defined in Section 63E-1-102.
7096          (64) "Public entity" means any government entity of the state or political subdivision of
7097     the state, including:
7098          (a) a procurement unit;
7099          (b) a municipality or county, regardless of whether the municipality or county has

7100     adopted this chapter or any part of this chapter; and
7101          (c) any other government entity located in the state that expends public funds.
7102          (65) "Public facility" means a building, structure, infrastructure, improvement, or other
7103     facility of a public entity.
7104          (66) "Public funds" means money, regardless of its source, including from the federal
7105     government, that is owned or held by a procurement unit.
7106          (67) "Public transit district" means a public transit district organized under Title 17B,
7107     Chapter 2a, Part 8, Public Transit District Act.
7108          (68) "Public-private partnership" means an arrangement or agreement, occurring on or
7109     after January 1, 2017, between a procurement unit and one or more contractors to provide for a
7110     public need through the development or operation of a project in which the contractor or
7111     contractors share with the procurement unit the responsibility or risk of developing, owning,
7112     maintaining, financing, or operating the project.
7113          (69) "Qualified vendor" means a vendor who:
7114          (a) is responsible; and
7115          (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
7116     meets the minimum mandatory requirements, evaluation criteria, and any applicable score
7117     thresholds set forth in the request for statement of qualifications.
7118          (70) "Real property" means land and any building, fixture, improvement, appurtenance,
7119     structure, or other development that is permanently affixed to land.
7120          (71) "Request for information" means a nonbinding process through which a
7121     procurement unit requests information relating to a procurement item.
7122          (72) "Request for proposals" means a document used to solicit proposals to provide a
7123     procurement item to a procurement unit, including all other documents that are attached to that
7124     document or incorporated in that document by reference.
7125          (73) "Request for proposals process" means the procurement process described in Part
7126     7, Request for Proposals.
7127          (74) "Request for statement of qualifications" means a document used to solicit
7128     information about the qualifications of a person interested in responding to a potential
7129     procurement, including all other documents attached to that document or incorporated in that
7130     document by reference.

7131          (75) "Requirements contract" means a contract:
7132          (a) under which a contractor agrees to provide a procurement unit's entire requirements
7133     for certain procurement items at prices specified in the contract during the contract period; and
7134          (b) that:
7135          (i) does not require a minimum purchase amount; or
7136          (ii) provides a maximum purchase limit.
7137          (76) "Responsible" means being capable, in all respects, of:
7138          (a) meeting all the requirements of a solicitation; and
7139          (b) fully performing all the requirements of the contract resulting from the solicitation,
7140     including being financially solvent with sufficient financial resources to perform the contract.
7141          (77) "Responsive" means conforming in all material respects to the requirements of a
7142     solicitation.
7143          (78) "Sealed" means manually or electronically secured to prevent disclosure.
7144          (79) "Service":
7145          (a) means labor, effort, or work to produce a result that is beneficial to a procurement
7146     unit;
7147          (b) includes a professional service; and
7148          (c) does not include labor, effort, or work provided under an employment agreement or
7149     a collective bargaining agreement.
7150          (80) "Small purchase process" means the procurement process described in Section
7151     63G-6a-506.
7152          (81) "Sole source contract" means a contract resulting from a sole source procurement.
7153          (82) "Sole source procurement" means a procurement without competition pursuant to
7154     a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
7155     procurement item.
7156          (83) "Solicitation" means an invitation for bids, request for proposals, request for
7157     statement of qualifications, or request for information.
7158          (84) "Solicitation response" means:
7159          (a) a bid submitted in response to an invitation for bids;
7160          (b) a proposal submitted in response to a request for proposals; or
7161          (c) a statement of qualifications submitted in response to a request for statement of

7162     qualifications.
7163          (85) "Special service district" means the same as that term is defined in Section
7164     17D-1-102.
7165          (86) "Specification" means any description of the physical or functional characteristics
7166     or of the nature of a procurement item included in an invitation for bids or a request for
7167     proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
7168          (a) a requirement for inspecting or testing a procurement item; or
7169          (b) preparing a procurement item for delivery.
7170          (87) "Standard procurement process" means:
7171          (a) the bidding process;
7172          (b) the request for proposals process;
7173          (c) the approved vendor list process;
7174          (d) the small purchase process; or
7175          (e) the design professional procurement process.
7176          (88) "State cooperative contract" means a contract awarded by the division for and in
7177     behalf of all public entities.
7178          (89) "Statement of qualifications" means a written statement submitted to a
7179     procurement unit in response to a request for statement of qualifications.
7180          (90) "Subcontractor":
7181          (a) means a person under contract to perform part of a contractual obligation under the
7182     control of the contractor, whether the person's contract is with the contractor directly or with
7183     another person who is under contract to perform part of a contractual obligation under the
7184     control of the contractor; and
7185          (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
7186     to a contractor.
7187          (91) "Supply" means a good, material, technology, piece of equipment, or any other
7188     item of personal property.
7189          (92) "Tie bid" means that the lowest responsive bids of responsible bidders are
7190     identical in price.
7191          (93) "Time and materials contract" means a contract under which the contractor is paid:
7192          (a) the actual cost of direct labor at specified hourly rates;

7193          (b) the actual cost of materials and equipment usage; and
7194          (c) an additional amount, expressly described in the contract, to cover overhead and
7195     profit, that is not based on a percentage of the cost to the contractor.
7196          (94) "Transitional costs":
7197          (a) means the costs of changing:
7198          (i) from an existing provider of a procurement item to another provider of that
7199     procurement item; or
7200          (ii) from an existing type of procurement item to another type;
7201          (b) includes:
7202          (i) training costs;
7203          (ii) conversion costs;
7204          (iii) compatibility costs;
7205          (iv) costs associated with system downtime;
7206          (v) disruption of service costs;
7207          (vi) staff time necessary to implement the change;
7208          (vii) installation costs; and
7209          (viii) ancillary software, hardware, equipment, or construction costs; and
7210          (c) does not include:
7211          (i) the costs of preparing for or engaging in a procurement process; or
7212          (ii) contract negotiation or drafting costs.
7213          (95) "Trial use contract" means a contract for a procurement item that the procurement
7214     unit acquires for a trial use or testing to determine whether the procurement item will benefit
7215     the procurement unit.
7216          (96) "Vendor":
7217          (a) means a person who is seeking to enter into a contract with a procurement unit to
7218     provide a procurement item; and
7219          (b) includes:
7220          (i) a bidder;
7221          (ii) an offeror;
7222          (iii) an approved vendor;
7223          (iv) a design professional; and

7224          (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
7225          Section 97. Section 63H-1-205 is amended to read:
7226          63H-1-205. MIDA accommodations tax.
7227          (1) As used in this section:
7228          (a) "Accommodations and services" means an accommodation or service described in
7229     Subsection 59-12-103(1)(i).
7230          (b) "Accommodations and services" does not include amounts paid or charged that are
7231     not part of a rental room rate.
7232          (2) By ordinance, the authority board may impose a MIDA accommodations tax on a
7233     provider for amounts paid or charged for accommodations and services, if the place of
7234     accommodation is located on authority-owned or other government-owned property within the
7235     project area.
7236          (3) The maximum rate of the MIDA accommodations tax is 15% of the amounts paid
7237     to or charged by the provider for accommodations and services.
7238          (4) A provider may recover an amount equal to the MIDA accommodations tax from
7239     customers, if the provider includes the amount as a separate billing line item.
7240          (5) If the authority imposes the tax described in this section, neither the authority nor a
7241     public entity may impose, on the amounts paid or charged for accommodations and services,
7242     any other tax described in:
7243          (a) Title 59, Chapter 12, Sales and Use Tax Act; or
7244          (b) Title 59, Chapter 28, State Transient Room Tax Act.
7245          (6) Except as provided in Subsection (7) or (8), the tax imposed under this section shall
7246     be administered, collected, and enforced in accordance with:
7247          (a) the same procedures used to administer, collect, and enforce the tax under:
7248          (i) Title 59, Chapter 12, Part 1, Tax Collection; or
7249          (ii) Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and
7250          (b) Title 59, Chapter 1, General Taxation Policies.
7251          (7) The location of a transaction shall be determined in accordance with Sections
7252     59-12-211 through 59-12-215.
7253          (8) (a) A tax under this section is not subject to Section 59-12-107.1 or 59-12-123 or
7254     Subsections 59-12-205(2) through [(7)] (5).

7255          (b) The exemptions described in Sections 59-12-104, 59-12-104.1, and 59-12-104.6 do
7256     not apply to a tax imposed under this section.
7257          (9) The State Tax Commission shall:
7258          (a) except as provided in Subsection (9)(b), distribute the revenue collected from the
7259     tax to the authority; and
7260          (b) retain and deposit an administrative charge in accordance with Section 59-1-306
7261     from revenue the commission collects from a tax under this section.
7262          (10) (a) If the authority imposes, repeals, or changes the rate of tax under this section,
7263     the implementation, repeal, or change shall take effect:
7264          (i) on the first day of a calendar quarter; and
7265          (ii) after a 90-day period beginning on the date the State Tax Commission receives the
7266     notice described in Subsection (10)(b) from the authority.
7267          (b) The notice required in Subsection (10)(a)(ii) shall state:
7268          (i) that the authority will impose, repeal, or change the rate of a tax under this section;
7269          (ii) the effective date of the implementation, repeal, or change of the tax; and
7270          (iii) the rate of the tax.
7271          (11) In addition to the uses permitted under Section 63H-1-502, the authority may
7272     allocate revenue from the MIDA accommodations tax to a county in which a place of
7273     accommodation that is subject to the MIDA accommodations tax is located, if:
7274          (a) the county had a transient room tax described in Section 59-12-301 in effect at the
7275     time the authority board imposed a MIDA accommodations tax by ordinance; and
7276          (b) the revenue replaces revenue that the county received from a county transient room
7277     tax described in Section 59-12-301 for the county's general operations and administrative
7278     expenses.
7279          Section 98. Section 63I-1-226 is amended to read:
7280          63I-1-226. Repeal dates, Title 26.
7281          (1) Section 26-1-40 is repealed July 1, 2019.
7282          (2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
7283     1, 2025.
7284          (3) Section 26-10-11 is repealed July 1, 2020.
7285          (4) Subsection 26-18-417(3) is repealed July 1, 2020.

7286          (5) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
7287          (6) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
7288          (7) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
7289     July 1, 2024.
7290          (8) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2019.
7291          [(9) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed January 1, 2019.]
7292          [(10)] (9) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
7293     repealed July 1, 2026.
7294          Section 99. Section 63I-1-231 is amended to read:
7295          63I-1-231. Repeal dates, Title 31A.
7296          (1) Section 31A-2-217, Coordination with other states, is repealed July 1, 2023.
7297          (2) Section 31A-22-615.5 is repealed July 1, 2022.
7298          [(3) Section 31A-22-619.6, Coordination of benefits with workers' compensation
7299     claim--Health insurer's duty to pay, is repealed on July 1, 2018.]
7300          Section 100. Section 63I-1-234 is amended to read:
7301          63I-1-234. Repeal dates, Titles 34 and 34A.
7302          [(1)] Section 34A-2-202.5 is repealed December 31, 2020.
7303          [(2) Section 34A-2-213, Coordination of benefits with health benefit plan -- Timely
7304     payment of claims, is repealed July 1, 2018.]
7305          Section 101. Section 63I-1-253 is amended to read:
7306          63I-1-253. Repeal dates, Titles 53 through 53G.
7307          The following provisions are repealed on the following dates:
7308          [(1) Subsection 53-10-202(18) is repealed July 1, 2018.]
7309          [(2) Section 53-10-202.1 is repealed July 1, 2018.]
7310          [(3)] (1) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
7311          [(4)] (2) Section 53B-18-1501 is repealed July 1, 2021.
7312          [(5)] (3) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
7313          [(6)] (4) Section 53B-24-402, Rural residency training program, is repealed July 1,
7314     2020.
7315          [(7)] (5) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
7316     from the Land Exchange Distribution Account to the Geological Survey for test wells, other

7317     hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
7318          [(8)] (6) Section 53E-3-515 is repealed January 1, 2023.
7319          [(9)] (7) Section 53F-2-514 is repealed July 1, 2020.
7320          [(10)] (8) Section 53F-5-203 is repealed July 1, 2019.
7321          [(11)] (9) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education
7322     State Plan Pilot Program, is repealed July 1, 2022.
7323          [(12)] (10) Section 53F-6-201 is repealed July 1, 2019.
7324          [(13)] (11) Section 53F-9-501 is repealed January 1, 2023.
7325          [(14)] (12) Subsection 53G-8-211(4) is repealed July 1, 2020.
7326          Section 102. Section 63I-1-257 is amended to read:
7327          63I-1-257. Repeal dates, Title 57.
7328          [Section 57-1-25.5 is repealed on July 1, 2018.]
7329          Section 103. Section 63I-1-276 is amended to read:
7330          63I-1-276. Repeal dates, Title 76.
7331          [Subsection 76-10-526(15) is repealed July 1, 2018.]
7332          Section 104. Section 63I-1-278 is amended to read:
7333          63I-1-278. Repeal dates, Title 78A and Title 78B.
7334          (1) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
7335     repealed July 1, 2019.
7336          (2) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
7337     2026.
7338           [(3) Section 78B-6-802.7 is repealed on July 1, 2018. ]
7339          Section 105. Section 63I-2-210 is amended to read:
7340          63I-2-210. Repeal dates -- Title 10.
7341          (1) On July 1, 2018, the following are repealed:
7342          (a) in Subsection 10-2-403(5), the language that states "10-2a-302 or";
7343          (b) in Subsection 10-2-403(5)(b), the language that states "10-2a-302 or";
7344          (c) in Subsection 10-2a-106(2), the language that states "10-2a-302 or";
7345          [(d) Section 10-2a-302;]
7346          [(e)] (d) Subsection 10-2a-302.5(2)(a);
7347          [(f)] (e) in Subsection 10-2a-303(1), the language that states "10-2a-302 or"; and

7348          [(g) in Subsection 10-2a-303(4), the language that states "10-2a-302(7)(b)(v) or" and
7349     "10-2a-302(7)(b)(iv) or";]
7350          [(h)] (f) in Subsection 10-2a-304(1)(a), the language that states "10-2a-302 or"[; and].
7351          [(i) in Subsection 10-2a-304(1)(a)(ii), the language that states "Subsection
7352     10-2a-302(5) or".]
7353          (2) Subsection 10-9a-304(2) is repealed June 1, 2020.
7354          (3) When repealing Subsection 10-9a-304(2), the Office of Legislative Research and
7355     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
7356     necessary changes to subsection numbering and cross references.
7357          Section 106. Section 63I-2-217 is amended to read:
7358          63I-2-217. Repeal dates -- Title 17.
7359          (1) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
7360     planning district" is repealed June 1, 2020.
7361          (2) (a) Subsection 17-27a-103(15)(b) is repealed June 1, 2020.
7362          (b) Subsection 17-27a-103(37) is repealed June 1, 2020.
7363          (3) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
7364     district area" is repealed June 1, 2020.
7365          (4) (a) Subsection 17-27a-301(1)(b)(iii) is repealed June 1, 2020.
7366          (b) Subsection 17-27a-301(1)(c) is repealed June 1, 2020.
7367          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
7368     (1)(a) or (c)" is repealed June 1, 2020.
7369          (5) [Subsection] Section 17-27a-302[(1)], the language that states ", or mountainous
7370     planning district" and "or the mountainous planning district," is repealed June 1, 2020.
7371          (6) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
7372     district or" and ", as applicable" is repealed June 1, 2020.
7373          (7) (a) Subsection 17-27a-401(1)(b)(ii) is repealed June 1, 2020.
7374          (b) Subsection 17-27a-401(6) is repealed June 1, 2020.
7375          (8) (a) Subsection 17-27a-403(1)(b)(ii) is repealed June 1, 2020.
7376          (b) Subsection 17-27a-403(1)(c)(iii) is repealed June 1, 2020.
7377          (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
7378     planning district" is repealed June 1, 2020.

7379          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
7380     district" is repealed June 1, 2020.
7381          (9) Subsection 17-27a-502(1)(d)(i)(B) is repealed June 1, 2020.
7382          (10) Subsection 17-27a-505.5(2)(a)(iii) is repealed June 1, 2020.
7383          (11) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
7384     mountainous planning district, the mountainous planning district" is repealed June 1, 2020.
7385          (12) Subsection 17-27a-604(1)(b)(i)(B) is repealed June 1, 2020.
7386          (13) Subsection 17-27a-605(1), the language that states "or mountainous planning
7387     district land" is repealed June 1, 2020.
7388          (14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
7389     2020.
7390          (15) On June 1, 2020, when making the changes in this section, the Office of
7391     Legislative Research and General Counsel shall:
7392          (a) in addition to its authority under Subsection 36-12-12(3), make corrections
7393     necessary to ensure that sections and subsections identified in this section are complete
7394     sentences and accurately reflect the office's understanding of the Legislature's intent; and
7395          (b) identify the text of the affected sections and subsections based upon the section and
7396     subsection numbers used in Laws of Utah 2017, Chapter 448.
7397          (16) On June 1, 2020:
7398          (a) Section 17-52a-104 is repealed;
7399          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
7400     described in Subsection 17-52a-104(2)," is repealed;
7401          (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
7402          (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
7403     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
7404     in effect on March 14, 2018," is repealed; and
7405          (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
7406     pending process described in Section 17-52a-104, the attorney's report that is described in
7407     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
7408     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
7409     2018," is repealed.

7410          (17) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
7411          Section 107. Section 63I-2-220 is amended to read:
7412          63I-2-220. Repeal dates -- Title 20A.
7413          (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
7414          (2) Section 20A-5-804 is repealed July 1, 2023.
7415          (3) On January 1, 2019, Subsections 20A-6-107(2) and (4) are repealed and the
7416     remaining subsections, and references to those subsections, are renumbered accordingly.
7417          (4) On July 1, 2018, in Subsection 20A-11-101(21), the language that states ",
7418     10-2a-302," is repealed.
7419          (5) On January 1, 2026:
7420          (a) In Subsection 20A-1-102[(23)](22)(a), the language that states "or Title 20A,
7421     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
7422          (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
7423     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
7424     repealed.
7425          (c) In Section 20A-1-304, the language that states "Except for a race conducted by
7426     instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
7427     Pilot Project," is repealed.
7428          (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
7429     Subsection (5)," is repealed.
7430          (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
7431     as provided in Subsections (5) and (6)," is repealed.
7432          (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
7433     "Subject to Subsection (5)," is repealed.
7434          (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
7435     20A-3-105 are renumbered accordingly.
7436          (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
7437     Subsection (2)(f)," is repealed.
7438          (i) Subsection 20A-4-101(2)(f) is repealed.
7439          (j) Subsection 20A-4-101[(4)](3) is repealed and replaced with the following:
7440          "[(4)] (3) To resolve questions that arise during the counting of ballots, a counting

7441     judge shall apply the standards and requirements of Section 20A-4-105.".
7442          (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
7443     Subsection 20A-4-101(2)(f)(i)" is repealed.
7444          (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
7445          "(b) To resolve questions that arise during the counting of ballots, a counting judge
7446     shall apply the standards and requirements of Section 20A-4-105.".
7447          (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
7448     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
7449     under Subsection 20A-4-101(2)(f)(i)" is repealed.
7450          (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
7451     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
7452     repealed.
7453          (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
7454     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
7455          (p) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
7456     otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
7457     Project," is repealed.
7458          (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
7459     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
7460          (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
7461     20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
7462          (s) Subsection 20A-4-304(2)(a)(v) is repealed and replaced with the following:
7463          "(v) from each voting precinct:
7464          (A) the number of votes for each candidate; and
7465          (B) the number of votes for and against each ballot proposition;".
7466          (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
7467     are renumbered accordingly, and the cross-references to those subsections are renumbered
7468     accordingly.
7469          (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
7470     repealed.
7471          (v) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in

7472     Subsection (3) are renumbered accordingly.
7473          (w) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
7474     Subsection (4) are renumbered accordingly.
7475          (x) Section 20A-6-203.5 is repealed.
7476          (y) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
7477     otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
7478     Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
7479          (z) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
7480     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
7481          (aa) In Subsection 20A-9-404(2), the language that states "Except as otherwise
7482     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
7483     repealed.
7484          Section 108. Section 63I-2-232 is amended to read:
7485          63I-2-232. Repeal dates -- Title 32B.
7486          (1) Subsection 32B-1-102(7) is repealed July 1, 2022.
7487          (2) Subsection 32B-1-407(3)(d) is repealed July 1, 2022.
7488          [(3) Subsection 32B-1-604(4) is repealed June 1, 2018.]
7489          [(4)] (3) Subsections 32B-6-202(3) and (4) are repealed July 1, 2022.
7490          [(5)] (4) Section 32B-6-205 is repealed July 1, 2022.
7491          [(6)] (5) Subsection 32B-6-205.2(15) is repealed July 1, 2022.
7492          [(7)] (6) Section 32B-6-205.3 is repealed July 1, 2022.
7493          [(8)] (7) Subsections 32B-6-302(3) and (4) are repealed July 1, 2022.
7494          [(9)] (8) Section 32B-6-305 is repealed July 1, 2022.
7495          [(10)] (9) Subsection 32B-6-305.2(15) is repealed July 1, 2022.
7496          [(11)] (10) Section 32B-6-305.3 is repealed July 1, 2022.
7497          [(12)] (11) Section 32B-6-404.1 is repealed July 1, 2022.
7498          [(13)] (12) Section 32B-6-409 is repealed July 1, 2022.
7499          [(14)] (13) Section 32B-6-605.1 is repealed July 1, 2019.
7500          [(15)] (14) Subsection 32B-6-703(2)(e)(iv) is repealed July 1, 2022.
7501          [(16)] (15) Subsections 32B-6-902(1)(c), (1)(d), and (2) are repealed July 1, 2022.
7502          [(17)] (16) Section 32B-6-905 is repealed July 1, 2022.

7503          [(18)] (17) Subsection 32B-6-905.1(16) is repealed July 1, 2022.
7504          [(19)] (18) Section 32B-6-905.2 is repealed July 1, 2022.
7505          [(20)] (19) Section 32B-7-303 is repealed March 1, 2019.
7506          [(21)] (20) Section 32B-7-304 is repealed March 1, 2019.
7507          [(22)] (21) Subsection 32B-8-402(1)(b) is repealed July 1, 2022.
7508          Section 109. Section 63I-2-253 is amended to read:
7509          63I-2-253. Repeal dates -- Titles 53 through 53G.
7510          [(1) Section 53A-24-602 is repealed July 1, 2018.]
7511          [(2)] (1) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
7512          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
7513     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
7514     make necessary changes to subsection numbering and cross references.
7515          [(3)] (2) (a) Subsection 53B-2a-108(5) is repealed July 1, 2022.
7516          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
7517     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
7518     necessary changes to subsection numbering and cross references.
7519          [(4)] (3) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as
7520     provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
7521          (b) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
7522          [(5)] (4) (a) Subsection 53B-7-707(4)(a)(ii), the language that states "Except as
7523     provided in Subsection (4)(b)," is repealed July 1, 2021.
7524          (b) Subsection 53B-7-707(4)(b) is repealed July 1, 2021.
7525          [(6)] (5) (a) The following sections are repealed on July 1, 2023:
7526          (i) Section 53B-8-202;
7527          (ii) Section 53B-8-203;
7528          (iii) Section 53B-8-204; and
7529          (iv) Section 53B-8-205.
7530          (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
7531          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
7532     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
7533     necessary changes to subsection numbering and cross references.

7534          [(7)] (6) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
7535     repealed July 1, 2023.
7536          [(8)] (7) Subsection 53E-5-306(3)(b)(ii)(B) is repealed July 1, 2020.
7537          [(9)] (8) Section 53E-5-307 is repealed July 1, 2020.
7538          [(10)] (9) In Subsections 53F-2-205(4) and (5), the language that states "or
7539     53F-2-301.5, as applicable" is repealed July 1, 2023.
7540          [(11)] (10) Subsection 53F-2-301(1) is repealed July 1, 2023.
7541          [(12)] (11) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
7542     applicable" is repealed July 1, 2023.
7543          [(13)] (12) Section 53F-4-204 is repealed July 1, 2019.
7544          [(14)] (13) Section 53F-6-202 is repealed July 1, 2020.
7545          [(15)] (14) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
7546     applicable" is repealed July 1, 2023.
7547          [(16)] (15) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
7548     applicable" is repealed July 1, 2023.
7549          [(17)] (16) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
7550     applicable" is repealed July 1, 2023.
7551          [(18)] (17) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
7552     as applicable" is repealed July 1, 2023.
7553          [(19)] (18) On July 1, 2023, when making changes in this section, the Office of
7554     Legislative Research and General Counsel shall, in addition to the office's authority under
7555     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
7556     identified in this section are complete sentences and accurately reflect the office's perception of
7557     the Legislature's intent.
7558          Section 110. Section 63I-2-262 is amended to read:
7559          63I-2-262. Repeal dates -- Title 62A.
7560          [(1) Section 62A-1-111.5 is repealed July 1, 2018.]
7561          [(2)] Subsection 62A-5-103.1(6) is repealed January 1, 2023.
7562          [(3) Subsection 62A-15-1101(6) is repealed January 1, 2019.]
7563          [(4) Section 62A-15-1102 is repealed January 1, 2019.]
7564          Section 111. Section 63I-2-272 is amended to read:

7565          63I-2-272. Repeal dates -- Title 72.
7566          (1) On July 1, 2018:
7567          (a) in Subsection 72-2-108(2), the language that states "and except as provided in
7568     Subsection (10)" is repealed; and
7569          (b) in Subsection 72-2-108(4)(c)(ii)(A), the language that states ", excluding any
7570     amounts appropriated as additional support for class B and class C roads under Subsection
7571     (10)," is repealed[; and].
7572          [(c) Subsection 72-2-108(10) is repealed.]
7573          (2) Section 72-3-113 is repealed January 1, 2020.
7574          [(3) Section 72-15-101 is repealed on March 31, 2018.]
7575          Section 112. Section 63J-1-201 is amended to read:
7576          63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
7577     -- Appropriations based on current tax laws and not to exceed estimated revenues.
7578          (1) The governor shall deliver, not later than 30 days before the date the Legislature
7579     convenes in the annual general session, a confidential draft copy of the governor's proposed
7580     budget recommendations to the Office of the Legislative Fiscal Analyst according to the
7581     requirements of this section.
7582          (2) (a) When submitting a proposed budget, the governor shall, within the first three
7583     days of the annual general session of the Legislature, submit to the presiding officer of each
7584     house of the Legislature:
7585          (i) a proposed budget for the ensuing fiscal year;
7586          (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
7587     with each change clearly itemized and classified; and
7588          (iii) as applicable, a document showing proposed changes in estimated revenues that
7589     are based on changes in state tax laws or rates.
7590          (b) The proposed budget shall include:
7591          (i) a projection of:
7592          (A) estimated revenues by major tax type;
7593          (B) 15-year trends for each major tax type;
7594          (C) estimated receipts of federal funds;
7595          (D) 15-year trends for federal fund receipts; and

7596          (E) appropriations for the next fiscal year;
7597          (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
7598     federal grants or assistance programs included in the budget;
7599          (iii) changes to debt service;
7600          (iv) a plan of proposed changes to appropriations and estimated revenues for the next
7601     fiscal year that is based upon the current fiscal year state tax laws and rates and considers
7602     projected changes in federal grants or assistance programs included in the budget;
7603          (v) an itemized estimate of the proposed changes to appropriations for:
7604          (A) the Legislative Department as certified to the governor by the president of the
7605     Senate and the speaker of the House;
7606          (B) the Executive Department;
7607          (C) the Judicial Department as certified to the governor by the state court
7608     administrator;
7609          (D) changes to salaries payable by the state under the Utah Constitution or under law
7610     for lease agreements planned for the next fiscal year; and
7611          (E) all other changes to ongoing or one-time appropriations, including dedicated
7612     credits, restricted funds, nonlapsing balances, grants, and federal funds;
7613          (vi) for each line item, the average annual dollar amount of staff funding associated
7614     with all positions that were vacant during the last fiscal year;
7615          (vii) deficits or anticipated deficits;
7616          (viii) the recommendations for each state agency for new full-time employees for the
7617     next fiscal year, which shall also be provided to the State Building Board as required by
7618     Subsection 63A-5-103[(3)](5);
7619          (ix) a written description and itemized report submitted by a state agency to the
7620     Governor's Office of Management and Budget under Section 63J-1-220, including:
7621          (A) a written description and an itemized report provided at least annually detailing the
7622     expenditure of the state money, or the intended expenditure of any state money that has not
7623     been spent; and
7624          (B) a final written itemized report when all the state money is spent;
7625          (x) any explanation that the governor may desire to make as to the important features
7626     of the budget and any suggestion as to methods for the reduction of expenditures or increase of

7627     the state's revenue; and
7628          (xi) information detailing certain fee increases as required by Section 63J-1-504.
7629          (3) For the purpose of preparing and reporting the proposed budget:
7630          (a) The governor shall require the proper state officials, including all public and higher
7631     education officials, all heads of executive and administrative departments and state institutions,
7632     bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
7633     state money, and all institutions applying for state money and appropriations, to provide
7634     itemized estimates of changes in revenues and appropriations.
7635          (b) The governor may require the persons and entities subject to Subsection (3)(a) to
7636     provide other information under these guidelines and at times as the governor may direct,
7637     which may include a requirement for program productivity and performance measures, where
7638     appropriate, with emphasis on outcome indicators.
7639          (c) The governor may require representatives of public and higher education, state
7640     departments and institutions, and other institutions or individuals applying for state
7641     appropriations to attend budget meetings.
7642          (4) (a) The Governor's Office of Management and Budget shall provide to the Office of
7643     Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the date the
7644     Legislature convenes in the annual general session, data, analysis, or requests used in preparing
7645     the governor's budget recommendations, notwithstanding the restrictions imposed on such
7646     recommendations by available revenue.
7647          (b) The information under Subsection (4)(a) shall include:
7648          (i) actual revenues and expenditures for the fiscal year ending the previous June 30;
7649          (ii) estimated or authorized revenues and expenditures for the current fiscal year;
7650          (iii) requested revenues and expenditures for the next fiscal year;
7651          (iv) detailed explanations of any differences between the amounts appropriated by the
7652     Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
7653     (iii);
7654          (v) a statement of agency and program objectives, effectiveness measures, and program
7655     size indicators; and
7656          (vi) other budgetary information required by the Legislature in statute.
7657          (c) The budget information under Subsection (4)(a) shall cover:

7658          (i) all items of appropriation, funds, and accounts included in appropriations acts for
7659     the current and previous fiscal years; and
7660          (ii) any new appropriation, fund, or account items requested for the next fiscal year.
7661          (d) The information provided under Subsection (4)(a) may be provided as a shared
7662     record under Section 63G-2-206 as considered necessary by the Governor's Office of
7663     Management and Budget.
7664          (5) (a) In submitting the budget for the Department of Public Safety, the governor shall
7665     include a separate recommendation in the governor's budget for maintaining a sufficient
7666     number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
7667     or below the number specified in Subsection 32B-1-201(2).
7668          (b) If the governor does not include in the governor's budget an amount sufficient to
7669     maintain the number of alcohol-related law enforcement officers described in Subsection
7670     (5)(a), the governor shall include a message to the Legislature regarding the governor's reason
7671     for not including that amount.
7672          (6) (a) The governor may revise all estimates, except those relating to the Legislative
7673     Department, the Judicial Department, and those providing for the payment of principal and
7674     interest to the state debt and for the salaries and expenditures specified by the Utah
7675     Constitution or under the laws of the state.
7676          (b) The estimate for the Judicial Department, as certified by the state court
7677     administrator, shall also be included in the budget without revision, but the governor may make
7678     separate recommendations on the estimate.
7679          (7) The total appropriations requested for expenditures authorized by the budget may
7680     not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
7681     fiscal year.
7682          (8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
7683     does not affect the budget itself or any other item in it.
7684          Section 113. Section 63J-1-220 is amended to read:
7685          63J-1-220. Reporting related to pass through money distributed by state
7686     agencies.
7687          (1) As used in this section:
7688          (a) "Local government entity" means a county, municipality, school district, local

7689     district under Title 17B, Limited Purpose Local Government Entities - Local Districts, special
7690     service district under Title 17D, Chapter 1, Special Service District Act, or any other political
7691     subdivision of the state.
7692          (b) (i) "Pass through funding" means money appropriated by the Legislature to a state
7693     agency that is intended to be passed through the state agency to one or more:
7694          (A) local government entities;
7695          (B) private organizations, including not-for-profit organizations; or
7696          (C) persons in the form of a loan or grant.
7697          (ii) "Pass through funding" may be:
7698          (A) general funds, dedicated credits, or any combination of state funding sources; and
7699          (B) ongoing or one-time.
7700          (c) "Recipient entity" means a local government entity or private entity, including a
7701     nonprofit entity, that receives money by way of pass through funding from a state agency.
7702          (d) "State agency" means a department, commission, board, council, agency,
7703     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
7704     unit, bureau, panel, or other administrative unit of the executive branch of the state.
7705          (e) (i) "State money" means money that is owned, held, or administered by a state
7706     agency and derived from state fees or tax revenues.
7707          (ii) "State money" does not include contributions or donations received by a state
7708     agency.
7709          (2) A state agency may not provide a recipient entity state money through pass through
7710     funding unless:
7711          (a) the state agency enters into a written agreement with the recipient entity; and
7712          (b) the written agreement described in Subsection (2)(a) requires the recipient entity to
7713     provide the state agency:
7714          (i) a written description and an itemized report at least annually detailing the
7715     expenditure of the state money, or the intended expenditure of any state money that has not
7716     been spent; and
7717          (ii) a final written itemized report when all the state money is spent.
7718          (3) A state agency shall provide to the Governor's Office of Management and Budget a
7719     copy of a written description or itemized report received by the state agency under Subsection

7720     (2).
7721          (4) Notwithstanding Subsection (2), a state agency is not required to comply with this
7722     section to the extent that the pass through funding is issued:
7723          (a) under a competitive award process;
7724          (b) in accordance with a formula enacted in statute;
7725          (c) in accordance with a state program under parameters in statute or rule that guides
7726     the distribution of the pass through funding; or
7727          (d) under the authority of the minimum school program, as defined in [Subsection
7728     53F-2-102(7)(e)] Section 53F-2-102.
7729          Section 114. Section 63J-1-602.1 is amended to read:
7730          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
7731          Appropriations made from the following accounts or funds are nonlapsing:
7732          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
7733     and Leadership Restricted Account created in Section 4-42-102.
7734          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
7735          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
7736     Section 9-18-102.
7737          (4) The National Professional Men's Soccer Team Support of Building Communities
7738     Restricted Account created in Section 9-19-102.
7739          (5) Funds collected for directing and administering the C-PACE district created in
7740     Section 11-42a-302.
7741          (6) The "Support for State-Owned Shooting Ranges Restricted Account" created in
7742     Section 23-14-13.5.
7743          [(6)] (7) Award money under the State Asset Forfeiture Grant Program, as provided
7744     under Section 24-4-117.
7745          [(7)] (8) Funds collected from the program fund for local health department expenses
7746     incurred in responding to a local health emergency under Section 26-1-38.
7747          [(8)] (9) Funds collected from the emergency medical services grant program, as
7748     provided in Section 26-8a-207.
7749          [(9) The Prostate Cancer Support Restricted Account created in Section 26-21a-303.]
7750          (10) The Children with Cancer Support Restricted Account created in Section

7751     26-21a-304.
7752          (11) State funds for matching federal funds in the Children's Health Insurance Program
7753     as provided in Section 26-40-108.
7754          (12) The Children with Heart Disease Support Restricted Account created in Section
7755     26-58-102.
7756          (13) The Nurse Home Visiting Restricted Account created in Section [26-62-601]
7757     26-63-601.
7758          (14) The Technology Development Restricted Account created in Section 31A-3-104.
7759          (15) The Criminal Background Check Restricted Account created in Section
7760     31A-3-105.
7761          (16) The Captive Insurance Restricted Account created in Section 31A-3-304, except
7762     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
7763          (17) The Title Licensee Enforcement Restricted Account created in Section
7764     31A-23a-415.
7765          (18) The Health Insurance Actuarial Review Restricted Account created in Section
7766     31A-30-115.
7767          (19) The Insurance Fraud Investigation Restricted Account created in Section
7768     31A-31-108.
7769          (20) The Underage Drinking Prevention Media and Education Campaign Restricted
7770     Account created in Section 32B-2-306.
7771          (21) The School Readiness Restricted Account created in Section 35A-3-210.
7772          (22) The Youth Development Organization Restricted Account created in Section
7773     35A-8-1903.
7774          (23) The Youth Character Organization Restricted Account created in Section
7775     35A-8-2003.
7776          (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
7777     products or services, as provided in Section 35A-13-202.
7778          (25) The Oil and Gas Conservation Account created in Section 40-6-14.5.
7779          (26) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
7780     the Motor Vehicle Division.
7781          (27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account

7782     created by Section 41-3-110 to the State Tax Commission.
7783          (28) The Utah Law Enforcement Memorial Support Restricted Account created in
7784     Section 53-1-120.
7785          (29) The State Disaster Recovery Restricted Account to the Division of Emergency
7786     Management, as provided in Section 53-2a-603.
7787          (30) The Department of Public Safety Restricted Account to the Department of Public
7788     Safety, as provided in Section 53-3-106.
7789          (31) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
7790     53-8-303.
7791          (32) The DNA Specimen Restricted Account created in Section 53-10-407.
7792          (33) The Canine Body Armor Restricted Account created in Section 53-16-201.
7793          (34) A certain portion of money collected for administrative costs under the School
7794     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
7795          (35) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
7796     subject to Subsection 54-5-1.5(4)(d).
7797          (36) Certain fines collected by the Division of Occupational and Professional Licensing
7798     for violation of unlawful or unprofessional conduct that are used for education and enforcement
7799     purposes, as provided in Section 58-17b-505.
7800          (37) Certain fines collected by the Division of Occupational and Professional Licensing
7801     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
7802     Section 58-63-103.
7803          (38) The Relative Value Study Restricted Account created in Section 59-9-105.
7804          (39) The Cigarette Tax Restricted Account created in Section 59-14-204.
7805          (40) Funds paid to the Division of Real Estate for the cost of a criminal background
7806     check for a mortgage loan license, as provided in Section 61-2c-202.
7807          (41) Funds paid to the Division of Real Estate for the cost of a criminal background
7808     check for principal broker, associate broker, and sales agent licenses, as provided in Section
7809     61-2f-204.
7810          (42) Certain funds donated to the Department of Human Services, as provided in
7811     Section 62A-1-111.
7812          (43) The National Professional Men's Basketball Team Support of Women and

7813     Children Issues Restricted Account created in Section 62A-1-202.
7814          (44) Certain funds donated to the Division of Child and Family Services, as provided
7815     in Section 62A-4a-110.
7816          (45) The Choose Life Adoption Support Restricted Account created in Section
7817     62A-4a-608.
7818          (46) Funds collected by the Office of Administrative Rules for publishing, as provided
7819     in Section 63G-3-402.
7820          (47) The Immigration Act Restricted Account created in Section 63G-12-103.
7821          (48) Money received by the military installation development authority, as provided in
7822     Section 63H-1-504.
7823          (49) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
7824          (50) The Unified Statewide 911 Emergency Service Account created in Section
7825     63H-7a-304.
7826          (51) The Utah Statewide Radio System Restricted Account created in Section
7827     63H-7a-403.
7828          (52) The Employability to Careers Program Restricted Account created in Section
7829     63J-4-703.
7830          (53) The Motion Picture Incentive Account created in Section 63N-8-103.
7831          (54) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
7832     as provided under Section 63N-10-301.
7833          (55) Funds collected by the housing of state probationary inmates or state parole
7834     inmates, as provided in Subsection 64-13e-104(2).
7835          (56) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
7836     and State Lands, as provided in Section 65A-8-103.
7837          (57) Certain funds received by the Office of the State Engineer for well drilling fines or
7838     bonds, as provided in Section 73-3-25.
7839          (58) The Water Resources Conservation and Development Fund, as provided in
7840     Section 73-23-2.
7841          (59) Funds donated or paid to a juvenile court by private sources, as provided in
7842     Subsection 78A-6-203(1)(c).
7843          (60) Fees for certificate of admission created under Section 78A-9-102.

7844          (61) Funds collected for adoption document access as provided in Sections 78B-6-141,
7845     78B-6-144, and 78B-6-144.5.
7846          (62) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
7847     Park, Jordan River State Park, and Green River State Park, as provided under Section
7848     79-4-403.
7849          (63) Certain funds received by the Division of Parks and Recreation from the sale or
7850     disposal of buffalo, as provided under Section 79-4-1001.
7851          (64) Funds collected for indigent defense as provided in Title 77, Chapter 32, Part 8,
7852     Utah Indigent Defense Commission.
7853          Section 115. Section 63J-1-602.2 is amended to read:
7854          63J-1-602.2. List of nonlapsing appropriations to programs.
7855          Appropriations made to the following programs are nonlapsing:
7856          (1) The Legislature and its committees.
7857          (2) The Percent-for-Art Program created in Section 9-6-404.
7858          (3) The LeRay McAllister Critical Land Conservation Program created in Section
7859     11-38-301.
7860          (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
7861     Subsection 17-16-21(2)(d)(ii).
7862          (5) The Division of Wildlife Resources for the appraisal and purchase of lands under
7863     the Pelican Management Act, as provided in Section 23-21a-6.
7864          (6) The primary care grant program created in Section 26-10b-102.
7865          (7) Sanctions collected as dedicated credits from Medicaid provider under Subsection
7866     26-18-3(7).
7867          (8) The Utah Health Care Workforce Financial Assistance Program created in Section
7868     26-46-102.
7869          (9) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
7870          (10) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
7871          (11) Funds that the Department of Alcoholic Beverage Control retains in accordance
7872     with Subsection 32B-2-301(7)(a)[(ii)] or (b).
7873          (12) The General Assistance program administered by the Department of Workforce
7874     Services, as provided in Section 35A-3-401.

7875          (13) A new program or agency that is designated as nonlapsing under Section
7876     36-24-101.
7877          (14) The Utah National Guard, created in Title 39, Militia and Armories.
7878          (15) The State Tax Commission under Section 41-1a-1201 for the:
7879          (a) purchase and distribution of license plates and decals; and
7880          (b) administration and enforcement of motor vehicle regis