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7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to certain boards and commissions.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires each executive branch board or commission to submit an annual report to
14 the governor's office and requires the governor's office to provide a summary report
15 to the Legislature;
16 ▸ requires each legislative branch board or commission to submit an annual report to
17 the Office of Legislative Research and General Counsel and requires the Office of
18 Legislative Research and General Council to provide a summary report to the
19 Legislature;
20 ▸ requires the governor to review and provide certain recommendations regarding
21 each newly created board or commission;
22 ▸ requires the Government Operations Interim Committee to receive and consider
23 taking action on recommendations made by the governor;
24 ▸ repeals the following entities and provisions related to the following entities:
25 • the Advisory Board on Children's Justice;
26 • the American Indian-Alaskan Native Education Commission;
27 • the Board of Juvenile Justice Services;
28 • the Commission on Civic and Character Education;
29 • the Data Security Management Council;
30 • the Economic Development Legislative Liaison Committee;
31 • the Free Market Protection and Privatization Board;
32 • the Governing Board of a Utah Interlocal Entity for Alternative Fuel Vehicles or
33 Facilities;
34 • the Judicial Rules Review Committee;
35 • the Legislative IT Steering Committee;
36 • the Online Court Assistance Program Policy Board;
37 • the Prison Development Commission;
38 • the State Council on Military Children;
39 • the Technology Advisory Board;
40 • the Towing Advisory Board;
41 • the Utah Marriage Commission; and
42 • the Utah Tax Review Commission;
43 ▸ combines the Commission for the Stewardship of Public Lands, the Commission on
44 Federalism, and the Federal Funds Commission into the Federalism Commission
45 and provides that the Federalism Commission subsumes the responsibilities of those
46 entities;
47 ▸ removes some legislators from the Native American Legislative Liaison Committee;
48 ▸ removes all legislators from the following:
49 • the Spinal Cord and Brain Injury Rehabilitation Fund Advisory Committee;
50 • the Utah Commission on Aging;
51 • the Utah State Scenic Byway Committee; and
52 • the Utah Substance Use and Mental Health Advisory Council;
53 ▸ prohibits a legislator from being appointed to the following:
54 • the Committee on Children and Family Law;
55 • the Employability to Careers Program Board;
56 • the Governor's Child and Family Cabinet Council;
57 • the School Readiness Board;
58 • the Utah Commission on Literacy;
59 • the Utah Communications Authority Board;
60 • the Utah Developmental Disabilities Council;
61 • the Utah Lake Commission Governing Board;
62 • the Utah Multicultural Commission; and
63 • the Utah Science, Technology, and Research Initiative Governing Authority
64 Board;
65 ▸ adds a sunset date to the following entities and provisions related to the following
66 entities:
67 • the Air quality Policy Advisory Board;
68 • the Criminal Code Evaluation Task Force;
69 • the Legislative Process Committee;
70 • the Legislative Water Development Commission;
71 • the Native American Legislative Liaison Committee;
72 • the Point of the Mountain State Land Authority Board;
73 • the School Safety and Crisis Line Commission;
74 • the Spinal Cord and Brain Injury Rehabilitation Fund Advisory Committee;
75 • the Standards Review Committee;
76 • the Talent Ready Utah Board;
77 • the Utah Seismic Safety Commission;
78 • the Utah State Scenic Byway Committee;
79 • the Utah Substance Use and Mental Health Advisory Council;
80 • the Utah Transparency Advisory Board;
81 • the Veterans and Military Affairs Commission; and
82 • the Women in the Economy Commission;
83 ▸ modifies sunset provisions related to the following:
84 • the Mental Health and Crisis Line Commission; and
85 • the Utah Commission on Aging;
86 ▸ adds a sunset date to the legislative membership of the following entities:
87 • the Pete Suazo Athletic Commission; and
88 • the Utah State Fair Corporation Board of Directors;
89 ▸ Adds provisions to automatically repeal the following:
90 • the Clean Air Act Compliance Advisory Panel;
91 • the Employability to Careers Program Board;
92 • the Road Usage Charge Advisory Committee; and
93 • the State Fair Park Committee;
94 ▸ repeals obsolete provisions; and
95 ▸ makes technical and conforming changes.
96 Money Appropriated in this Bill:
97 None
98 Other Special Clauses:
99 This bill provides a coordination clause.
100 Utah Code Sections Affected:
101 AMENDS:
102 9-9-104.6, as last amended by Laws of Utah 2018, Chapter 415
103 9-9-408, as enacted by Laws of Utah 2017, Chapter 88
104 17-16-21, as last amended by Laws of Utah 2018, Chapter 347
105 26-54-103, as last amended by Laws of Utah 2017, Chapter 261
106 30-1-34, as last amended by Laws of Utah 2018, Chapter 347
107 30-1-36, as last amended by Laws of Utah 2018, Chapter 347
108 35A-3-209, as renumbered and amended by Laws of Utah 2018, Chapter 389
109 36-22-1, as last amended by Laws of Utah 2014, Chapter 387
110 40-6-16, as last amended by Laws of Utah 2016, Chapter 317
111 52-4-103, as amended by Statewide Initiative -- Proposition 4, Nov. 6, 2018
112 53F-5-601, as renumbered and amended by Laws of Utah 2018, Chapter 2
113 53F-5-602, as renumbered and amended by Laws of Utah 2018, Chapter 2
114 53F-5-604, as renumbered and amended by Laws of Utah 2018, Chapter 2
115 53G-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
116 54-1-13, as last amended by Laws of Utah 2016, Chapter 13
117 62A-1-105, as last amended by Laws of Utah 2016, Chapter 300
118 62A-1-107, as last amended by Laws of Utah 2016, Chapter 300
119 62A-1-109, as enacted by Laws of Utah 1988, Chapter 1
120 62A-7-101, as last amended by Laws of Utah 2017, Chapter 330
121 62A-7-102, as last amended by Laws of Utah 2008, Chapter 3
122 62A-7-103, as last amended by Laws of Utah 1992, Chapter 104
123 62A-7-104, as last amended by Laws of Utah 2017, Chapters 282 and 330
124 62A-7-106.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
125 62A-7-201, as last amended by Laws of Utah 2017, Chapter 330
126 62A-7-401.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
127 62A-7-501, as last amended by Laws of Utah 2017, Chapter 330
128 62A-7-502, as renumbered and amended by Laws of Utah 2005, Chapter 13
129 62A-7-506, as last amended by Laws of Utah 2017, Chapter 330
130 62A-7-601, as last amended by Laws of Utah 2017, Chapter 330
131 62A-7-701, as last amended by Laws of Utah 2017, Chapter 330
132 63A-5-225, as enacted by Laws of Utah 2015, Chapter 182
133 63B-25-101, as last amended by Laws of Utah 2018, Chapter 280
134 63C-4a-101, as enacted by Laws of Utah 2013, Chapter 101
135 63C-4a-102, as enacted by Laws of Utah 2013, Chapter 101
136 63C-4a-301, as enacted by Laws of Utah 2013, Chapter 101
137 63C-4a-302, as last amended by Laws of Utah 2014, Chapter 387
138 63C-4a-303, as last amended by Laws of Utah 2018, Chapters 81 and 338
139 63C-4a-306, as enacted by Laws of Utah 2014, Chapter 221
140 63C-4a-307, as enacted by Laws of Utah 2018, Chapter 338
141 63F-1-102, as last amended by Laws of Utah 2017, Chapter 238
142 63F-1-203, as last amended by Laws of Utah 2017, Chapter 238
143 63F-1-303, as last amended by Laws of Utah 2012, Chapter 369
144 63F-4-201, as enacted by Laws of Utah 2018, Chapter 144
145 63F-4-202, as enacted by Laws of Utah 2018, Chapter 144
146 63H-7a-203, as last amended by Laws of Utah 2017, Chapter 430
147 63I-1-209, as last amended by Laws of Utah 2014, Chapter 117
148 63I-1-211, as enacted by Laws of Utah 2011, Second Special Session, Chapter 1
149 63I-1-219, as last amended by Laws of Utah 2018, Chapter 31
150 63I-1-223, as renumbered and amended by Laws of Utah 2008, Chapter 382
151 63I-1-226, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
152 63I-1-232, as renumbered and amended by Laws of Utah 2008, Chapter 382
153 63I-1-235, as last amended by Laws of Utah 2018, Chapters 232 and 392
154 63I-1-236, as last amended by Laws of Utah 2018, Chapters 33, 170, and 342
155 63I-1-241, as last amended by Laws of Utah 2015, Chapter 109
156 63I-1-251, as enacted by Laws of Utah 2015, Chapter 275
157 63I-1-253, as last amended by Laws of Utah 2018, Chapters 107, 117, 385, 415, and
158 453
159 63I-1-262, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
160 63I-1-263, as last amended by Laws of Utah 2018, Chapters 85, 144, 182, 261, 321,
161 338, 340, 347, 369, 428, 430, and 469
162 63I-1-267, as last amended by Laws of Utah 2017, Chapter 192
163 63I-1-272, as renumbered and amended by Laws of Utah 2008, Chapter 382
164 63I-1-273, as last amended by Laws of Utah 2018, Chapters 344 and 418
165 63I-2-219, as last amended by Laws of Utah 2018, Chapters 241 and 281
166 63I-2-263, as last amended by Laws of Utah 2018, Chapters 38, 95, 382, and 469
167 63I-2-272, as last amended by Laws of Utah 2017, Chapter 427
168 63J-1-602.2, as repealed and reenacted by Laws of Utah 2018, Chapter 469
169 63J-4-606, as last amended by Laws of Utah 2014, Chapter 319
170 63J-4-607, as last amended by Laws of Utah 2018, Chapter 411
171 63J-4-702, as enacted by Laws of Utah 2017, Chapter 253
172 63L-10-102, as enacted by Laws of Utah 2018, Chapter 411
173 63L-10-103, as enacted by Laws of Utah 2018, Chapter 411
174 63L-10-104, as enacted by Laws of Utah 2018, Chapter 411
175 63M-2-301, as last amended by Laws of Utah 2016, Chapter 240
176 63M-7-301, as last amended by Laws of Utah 2018, Chapter 414
177 63M-7-302, as last amended by Laws of Utah 2016, Chapter 158
178 63M-7-601, as last amended by Laws of Utah 2016, Chapter 32
179 63M-11-201, as last amended by Laws of Utah 2017, Chapter 95
180 63M-11-206, as last amended by Laws of Utah 2014, Chapter 387
181 63N-1-201, as last amended by Laws of Utah 2017, Chapters 277 and 310
182 67-1-2.5, as last amended by Laws of Utah 2002, Chapter 176
183 67-5b-102, as last amended by Laws of Utah 2018, Chapters 94 and 200
184 67-5b-105, as last amended by Laws of Utah 2016, Chapter 290
185 72-4-302, as last amended by Laws of Utah 2015, Chapter 258
186 73-10g-105, as last amended by Laws of Utah 2016, Chapter 309
187 78A-2-501, as last amended by Laws of Utah 2017, Chapter 115
188 ENACTS:
189 36-12-21, Utah Code Annotated 1953
190 36-12-22, Utah Code Annotated 1953
191 53E-3-920.1, Utah Code Annotated 1953
192 63I-1-204, Utah Code Annotated 1953
193 RENUMBERS AND AMENDS:
194 63C-4a-308, (Renumbered from 63C-4b-104, as enacted by Laws of Utah 2016,
195 Chapter 408)
196 63C-4a-309, (Renumbered from 63C-14-301, as last amended by Laws of Utah 2018,
197 Chapter 81)
198 63C-4a-404, (Renumbered from 63C-4b-105, as enacted by Laws of Utah 2016,
199 Chapter 408)
200 63C-4a-405, (Renumbered from 63C-4b-106, as enacted by Laws of Utah 2016,
201 Chapter 408)
202 REPEALS:
203 10-1-119, as last amended by Laws of Utah 2014, Chapter 189
204 11-13-224, as last amended by Laws of Utah 2015, Chapter 265
205 17-50-107, as last amended by Laws of Utah 2013, Chapter 325
206 36-20-1, as last amended by Laws of Utah 2008, Chapter 3
207 36-20-2, as last amended by Laws of Utah 2010, Chapter 324
208 36-20-3, as enacted by Laws of Utah 1993, Chapter 282
209 36-20-4, as enacted by Laws of Utah 1993, Chapter 282
210 36-20-5, as enacted by Laws of Utah 1993, Chapter 282
211 36-20-6, as last amended by Laws of Utah 1996, Chapter 36
212 36-20-7, as enacted by Laws of Utah 1993, Chapter 282
213 36-20-8, as enacted by Laws of Utah 1993, Chapter 282
214 36-30-101, as enacted by Laws of Utah 2017, Chapter 277
215 36-30-102, as enacted by Laws of Utah 2017, Chapter 277
216 36-30-201, as enacted by Laws of Utah 2017, Chapter 277
217 36-30-202, as enacted by Laws of Utah 2017, Chapter 277
218 36-30-203, as enacted by Laws of Utah 2017, Chapter 277
219 53E-3-920, as last amended by Laws of Utah 2018, Chapter 39 and renumbered and
220 amended by Laws of Utah 2018, Chapter 1
221 53E-10-401, as renumbered and amended by Laws of Utah 2018, Chapter 1
222 53E-10-402, as renumbered and amended by Laws of Utah 2018, Chapter 1
223 53E-10-403, as renumbered and amended by Laws of Utah 2018, Chapter 1
224 53E-10-404, as renumbered and amended by Laws of Utah 2018, Chapter 1
225 53E-10-405, as renumbered and amended by Laws of Utah 2018, Chapter 1
226 53E-10-406, as renumbered and amended by Laws of Utah 2018, Chapter 1
227 53E-10-407, as enacted by Laws of Utah 2018, Chapter 1
228 59-1-901, as last amended by Laws of Utah 2007, Chapter 288
229 59-1-902, as enacted by Laws of Utah 1990, Chapter 237
230 59-1-903, as last amended by Laws of Utah 2011, Chapter 384
231 59-1-904, as last amended by Laws of Utah 2011, Chapter 384
232 59-1-905, as last amended by Laws of Utah 2014, Chapter 387
233 59-1-907, as enacted by Laws of Utah 1990, Chapter 237
234 59-1-908, as enacted by Laws of Utah 1990, Chapter 237
235 62A-1-120, as last amended by Laws of Utah 2018, Chapter 347
236 63C-4b-101, as enacted by Laws of Utah 2016, Chapter 408
237 63C-4b-102, as enacted by Laws of Utah 2016, Chapter 408
238 63C-4b-103, as enacted by Laws of Utah 2016, Chapter 408
239 63C-4b-107, as enacted by Laws of Utah 2016, Chapter 408
240 63C-14-101, as enacted by Laws of Utah 2013, Chapter 62
241 63C-14-102, as enacted by Laws of Utah 2013, Chapter 62
242 63C-14-201, as enacted by Laws of Utah 2013, Chapter 62
243 63C-14-202, as last amended by Laws of Utah 2014, Chapter 387
244 63C-14-302, as last amended by Laws of Utah 2015, Chapter 409
245 63C-16-101, as enacted by Laws of Utah 2015, Chapter 182
246 63C-16-102, as enacted by Laws of Utah 2015, Chapter 182
247 63C-16-201, as enacted by Laws of Utah 2015, Chapter 182
248 63C-16-202, as enacted by Laws of Utah 2015, Chapter 182
249 63C-16-203, as enacted by Laws of Utah 2015, Chapter 182
250 63C-16-204, as enacted by Laws of Utah 2015, Chapter 182
251 63F-1-202, as last amended by Laws of Utah 2017, Chapter 238
252 63F-2-101, as enacted by Laws of Utah 2015, Chapter 371
253 63F-2-102, as last amended by Laws of Utah 2018, Chapter 81
254 63F-2-103, as last amended by Laws of Utah 2016, Chapter 13
255 63I-4a-101, as renumbered and amended by Laws of Utah 2013, Chapter 325
256 63I-4a-102, as last amended by Laws of Utah 2018, Chapter 415
257 63I-4a-201, as enacted by Laws of Utah 2013, Chapter 325
258 63I-4a-202, as last amended by Laws of Utah 2014, Chapters 189 and 387
259 63I-4a-203, as last amended by Laws of Utah 2018, Chapter 81
260 63I-4a-204, as enacted by Laws of Utah 2013, Chapter 325
261 63I-4a-205, as renumbered and amended by Laws of Utah 2013, Chapter 325
262 63I-4a-301, as enacted by Laws of Utah 2013, Chapter 325
263 63I-4a-302, as renumbered and amended by Laws of Utah 2013, Chapter 325
264 63I-4a-303, as last amended by Laws of Utah 2013, Chapter 310 and renumbered and
265 amended by Laws of Utah 2013, Chapter 325
266 63I-4a-304, as renumbered and amended by Laws of Utah 2013, Chapter 325
267 63I-4a-401, as enacted by Laws of Utah 2013, Chapter 325
268 63I-4a-402, as renumbered and amended by Laws of Utah 2013, Chapter 325
269 67-1a-10, as last amended by Laws of Utah 2014, Chapter 387
270 67-1a-11, as last amended by Laws of Utah 2018, Chapter 415
271 67-5b-106, as last amended by Laws of Utah 2016, Chapter 290
272 72-9-606, as enacted by Laws of Utah 2017, Chapter 298
273 78A-2-502, as last amended by Laws of Utah 2017, Chapter 115
274 Utah Code Sections Affected by Coordination Clause:
275 53G-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
276 63I-1-253, as last amended by Laws of Utah 2018, Chapters 107, 117, 385, 415, and
277 453
278 63I-1-262, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
279
280 Be it enacted by the Legislature of the state of Utah:
281 Section 1. Section 9-9-104.6 is amended to read:
282 9-9-104.6. Participation of state agencies in meetings with tribal leaders --
283 Contact information.
284 (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
285 division shall coordinate with representatives of tribal governments and the entities listed in
286 Subsection (2) to provide for the broadest participation possible in the joint meetings.
287 (2) The following may participate in all meetings described in Subsection (1):
288 (a) the chairs of the Native American Legislative Liaison Committee created in Section
289 36-22-1;
290 (b) the governor or the governor's designee;
291 (c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
292 with Section 26-7-2.5; or
293 (ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
294 representative of the Department of Health appointed by the executive director of the
295 Department of Health;
296 (d) the American Indian-Alaskan Native Public Education Liaison appointed in
297 accordance with Section [
298 (e) a representative appointed by the chief administrative officer of the following:
299 (i) the Department of Human Services;
300 (ii) the Department of Natural Resources;
301 (iii) the Department of Workforce Services;
302 (iv) the Governor's Office of Economic Development;
303 (v) the State Board of Education; and
304 (vi) the State Board of Regents.
305 (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
306 (i) designate the name of a contact person for that agency that can assist in coordinating
307 the efforts of state and tribal governments in meeting the needs of the Native Americans
308 residing in the state; and
309 (ii) notify the division:
310 (A) who is the designated contact person described in Subsection (3)(a)(i); and
311 (B) of any change in who is the designated contact person described in Subsection
312 (3)(a)(i).
313 (b) This Subsection (3) applies to:
314 (i) the Department of Agriculture and Food;
315 (ii) the Department of Heritage and Arts;
316 (iii) the Department of Corrections;
317 (iv) the Department of Environmental Quality;
318 (v) the Department of Public Safety;
319 (vi) the Department of Transportation;
320 (vii) the Office of the Attorney General;
321 (viii) the State Tax Commission; and
322 (ix) any agency described in Subsections (2)(c) through (e).
323 (c) At the request of the division, a contact person listed in Subsection (3)(b) may
324 participate in a meeting described in Subsection (1).
325 (4) (a) A participant under this section who is not a legislator may not receive
326 compensation or benefits for the participant's service, but may receive per diem and travel
327 expenses as allowed in:
328 (i) Section 63A-3-106;
329 (ii) Section 63A-3-107; and
330 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
331 63A-3-107.
332 (b) Compensation and expenses of a participant who is a legislator are governed by
333 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
334 Section 2. Section 9-9-408 is amended to read:
335 9-9-408. Burial of ancient Native American remains in state parks.
336 (1) As used in this section:
337 (a) "Ancient Native American remains" means ancient human remains, as defined in
338 Section 9-8-302, that are Native American remains, as defined in Section 9-9-402.
339 (b) "Antiquities Section" means the Antiquities Section of the Division of State History
340 created in Section 9-8-304.
341 (2) (a) The division, the Antiquities Section, and the Division of Parks and Recreation
342 shall cooperate in a study of the feasibility of burying ancient Native American remains in state
343 parks.
344 (b) The study shall include:
345 (i) the process and criteria for determining which state parks would have land sufficient
346 and appropriate to reserve a portion of the land for the burial of ancient Native American
347 remains;
348 (ii) the process for burying the ancient Native American remains on the lands within
349 state parks, including the responsibilities of state agencies and the assurance of cultural
350 sensitivity;
351 (iii) how to keep a record of the locations in which specific ancient Native American
352 remains are buried;
353 (iv) how to account for the costs of:
354 (A) burying the ancient Native American remains on lands found within state parks;
355 and
356 (B) securing and maintaining burial sites in state parks; and
357 (v) any issues related to burying ancient Native American remains in state parks.
358 [
359
360
361 Section 3. Section 17-16-21 is amended to read:
362 17-16-21. Fees of county officers.
363 (1) As used in this section, "county officer" means a county officer enumerated in
364 Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
365 (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
366 (i) a fee established by the county legislative body under Section 17-53-211; and
367 (ii) any other fee authorized or required by law.
368 (b) As long as the Children's Legal Defense Account is authorized by Section
369 51-9-408, the county clerk shall:
370 (i) assess $10 in addition to whatever fee for a marriage license is established under
371 authority of this section; and
372 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
373 in the Children's Legal Defense Account.
374 (c) (i) As long as the Division of Child and Family Services, created in Section
375 62A-4a-103, has the responsibility under Section 62A-4a-105 to provide services, including
376 temporary shelter, for victims of domestic violence, the county clerk shall:
377 (A) collect $10 in addition to whatever fee for a marriage license is established under
378 authority of this section and in addition to the amount described in Subsection (2)(b), if an
379 applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
380 (B) to the extent actually paid, transmit $10 from each marriage license fee to the
381 Division of Finance for distribution to the Division of Child and Family Services for the
382 operation of shelters for victims of domestic violence.
383 (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
384 to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
385 (B) An applicant for a marriage license may choose not to pay the additional $10
386 referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
387 marriage license.
388 (d) If a county operates an online marriage application system, the county clerk of that
389 county:
390 (i) may assess $20 in addition to the other fees for a marriage license established under
391 this section;
392 (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
393 license fee to the state treasurer for deposit [
394 [
395
396
397 [
398 (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
399 Subsection (2)(d) if both individuals seeking the marriage license certify that they have
400 completed premarital counseling or education in accordance with Section 30-1-34.
401 (3) This section does not apply to a fee currently being assessed by the state but
402 collected by a county officer.
403 Section 4. Section 26-54-103 is amended to read:
404 26-54-103. Spinal Cord and Brain Injury Rehabilitation Fund Advisory
405 Committee -- Creation -- Membership -- Terms -- Duties.
406 (1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund Advisory
407 Committee.
408 (2) The advisory committee [
409 (a) the executive director of the Department of Health, or the executive director's
410 designee;
411 (b) two survivors, or family members of a survivor of a traumatic brain injury,
412 appointed by the governor;
413 (c) two survivors, or family members of a survivor of a traumatic spinal cord injury,
414 appointed by the governor; and
415 (d) one traumatic brain injury or spinal cord injury professional appointed by the
416 governor who, at the time of appointment and throughout the professional's term on the
417 committee, does not receive a financial benefit from the fund[
418 [
419
420 [
421 (3) (a) The term of advisory committee members shall be four years. If a vacancy
422 occurs in the committee membership for any reason, a replacement shall be appointed for the
423 unexpired term in the same manner as the original appointment.
424 (b) The committee shall elect a chairperson from the membership.
425 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
426 is present at an open meeting, the action of the majority of members shall be the action of the
427 advisory committee.
428 (d) The terms of the advisory committee shall be staggered so that members appointed
429 under Subsections (2)(b) and (d) shall serve an initial two-year term and members appointed
430 under [
431 members appointed to the advisory committee shall serve four-year terms.
432 (4) The advisory committee shall comply with the procedures and requirements of:
433 (a) Title 52, Chapter 4, Open and Public Meetings Act;
434 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
435 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
436 (5) [
437 for the member's service, but, at the executive director's discretion, may receive per diem and
438 travel expenses as allowed in:
439 [
440 [
441 [
442 and 63A-3-107.
443 [
444
445 (6) The advisory committee shall:
446 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
447 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
448 to follow in recommending distribution of money from the fund to assist qualified IRC
449 501(c)(3) charitable clinics;
450 (b) identify, evaluate, and review the quality of care available to people with spinal
451 cord and brain injuries through qualified IRC 501(c)(3) charitable clinics;
452 (c) explore, evaluate, and review other possible funding sources and make a
453 recommendation to the Legislature regarding sources that would provide adequate funding for
454 the advisory committee to accomplish its responsibilities under this section; and
455 (d) submit an annual report, not later than November 30 of each year, summarizing the
456 activities of the advisory committee and making recommendations regarding the ongoing needs
457 of people with spinal cord or brain injuries to:
458 (i) the governor;
459 (ii) the Health and Human Services Interim Committee; and
460 (iii) the Health and Human Services Appropriations Subcommittee.
461 Section 5. Section 30-1-34 is amended to read:
462 30-1-34. Completion of counseling or education.
463 (1) The county clerk of a county that operates an online marriage application system
464 and issues a marriage license to applicants who certify completion of premarital counseling or
465 education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
466 (2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify
467 completion of premarital counseling or education in accordance with this Subsection (2).
468 (b) To complete premarital counseling or education, the applicants:
469 (i) shall obtain the premarital counseling or education from:
470 (A) a licensed or ordained minister or the minister's designee who is trained by the
471 minister or denomination to conduct premarital counseling or education;
472 (B) an individual licensed under Title 58, Chapter 60, Mental Health Professional
473 Practice Act;
474 [
475
476 [
477 [
478 curriculum that meets the requirements of Subsection (2)(b)(ii)[
479 [
480 (ii) shall receive premarital counseling or education that includes information on
481 important factors associated with strong and healthy marriages, including:
482 (A) commitment in marriage; and
483 (B) effective communication and problem-solving skills, including avoiding violence
484 and abuse in the relationship;
485 (iii) shall complete at least three hours of premarital counseling or six hours of
486 premarital education meeting the requirements of this Subsection (2); and
487 (iv) shall complete the premarital counseling or education meeting the requirements of
488 this Subsection (2) not more than one year before but at least 14 days before the day on which
489 the marriage license is issued.
490 (c) Although applicants are encouraged to take the premarital counseling or education
491 together, each applicant may comply with the requirements of this Subsection (2) separately.
492 (3) A provider of premarital counseling or education under this section is encouraged
493 to use research-based relationship inventories.
494 Section 6. Section 30-1-36 is amended to read:
495 30-1-36. Activities included in premarital counseling or education.
496 (1) Premarital counseling may include group counseling, individual counseling, and
497 couple counseling.
498 (2) Premarital education may include[
499 provided by a person that meets the requirements of Subsection 30-1-34(2)(b)(i)[
500 [
501
502 Section 7. Section 35A-3-209 is amended to read:
503 35A-3-209. Establishment of the School Readiness Board -- Membership --
504 Program intermediary -- Funding prioritization.
505 (1) The terms defined in Section 53F-6-301 apply to this section.
506 (2) There is created the School Readiness Board within the Department of Workforce
507 Services composed of:
508 (a) the director of the Department of Workforces Services or the director's designee;
509 (b) one member appointed by the State Board of Education;
510 (c) one member appointed by the chair of the State Charter School Board;
511 (d) one member, appointed by the speaker of the House of Representatives, who:
512 (i) has research experience in the area of early childhood development, including
513 special education[
514 (ii) is not a legislator; and
515 (e) one member, appointed by the president of the Senate, who:
516 (i) (A) has expertise in pay for success programs; or
517 [
518 meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq[
519 and
520 (ii) is not a legislator.
521 (3) (a) A member described in Subsection (2)(c), (d), or (e) shall serve for a term of
522 two years.
523 (b) If a vacancy occurs for a member described in Subsection (2)(c), (d), or (e), the
524 person appointing the member shall appoint a replacement to serve the remainder of the
525 member's term.
526 (4) A member may not receive compensation or benefits for the member's service.
527 (5) The department shall provide staff support to the board.
528 (6) (a) The board members shall elect a chair of the board from the board's
529 membership.
530 (b) The board shall meet upon the call of the chair or a majority of the board members.
531 (7) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and subject to
532 Subsection (8), the board shall:
533 (a) select a program intermediary that:
534 (i) is a nonprofit entity; and
535 (ii) has experience:
536 (A) developing and executing contracts;
537 (B) structuring the terms and conditions of a pay for success program;
538 (C) coordinating the funding and management of a pay for success program; and
539 (D) raising private investment capital necessary to fund program services related to a
540 pay for success program; and
541 (b) enter into a contract with the program intermediary.
542 (8) The board may not enter into a contract described in Subsection (7) without the
543 consent of the department regarding:
544 (a) the program intermediary selected; and
545 (b) the terms of the contract.
546 (9) A contract described in Subsection (7)(b) shall:
547 (a) require the program intermediary to:
548 (i) seek out participants for results-based contracts;
549 (ii) advise the board on results-based contracts; and
550 (iii) make recommendations directly to the board on:
551 (A) when to enter a results-based contract; and
552 (B) the terms of a results-based contract; and
553 (b) include a provision that the program intermediary is not eligible to receive or view
554 personally identifiable student data of eligible students funded under the School Readiness
555 Initiative described in this part and Title 53F, Chapter 6, Part 3, School Readiness Initiative.
556 (10) In allocating funding, the board shall:
557 (a) give first priority to a results-based contract described in Subsection 53F-6-309(3)
558 to fund a high quality school readiness program directly;
559 (b) give second priority to a results-based contract that includes an investor; and
560 (c) give third priority to a grant described in Section 53F-6-305.
561 (11) Other powers and duties of the board are described in Title 53F, Chapter 6, Part 3,
562 School Readiness Initiative.
563 Section 8. Section 36-12-21 is enacted to read:
564 36-12-21. Legislators serving in organizations without legislative sanction --
565 Prohibited participation -- Repealed organizations.
566 (1) The Legislative IT Steering Committee created by the Legislative Management
567 Committee on July 17, 2007, is dissolved.
568 (2) (a) Except as provided in Subsection (2)(b):
569 (i) a legislator may not serve on:
570 (A) the Committee on Children and Family Law created under Judicial Rule 1-205;
571 (B) the Governor's Child and Family Cabinet Council created under Executive Order
572 2007-0005;
573 (C) the Utah Commission on Literacy created under Executive Order 2004-0011;
574 (D) the Utah Developmental Disabilities Council created under Executive Order
575 2006-0001; or
576 (E) the Utah Multicultural Commission created under Executive Order EO/007/2013;
577 and
578 (ii) the speaker of the House of Representatives or the president of the Senate may not
579 appoint a legislator, and a legislator may not serve in the legislator's capacity as a legislator, on
580 the Utah Lake Commission.
581 (b) The Legislative Management Committee may, on a case-by-case basis, approve:
582 (i) a legislator to serve on an entity described in Subsection (2)(a)(i); or
583 (ii) an action that is otherwise prohibited under Subsection (2)(a)(ii).
584 Section 9. Section 36-12-22 is enacted to read:
585 36-12-22. Review of legislative workload -- Reports from committees with
586 legislators.
587 (1) As used in this section:
588 (a) "Legislative board or commission" means a board, commission, council,
589 committee, working group, task force, study group, advisory group, or other body:
590 (i) with a defined, limited membership;
591 (ii) that has a member who is required to be:
592 (A) a member of the Legislature; or
593 (B) appointed by a member of the Legislature; and
594 (iii) that has operated or is intended to operate for more than six months.
595 (b) "Legislative board or commission" does not include:
596 (i) a standing, ethics, interim, appropriations, confirmation, or rules committee of the
597 Legislature;
598 (ii) the Legislative Management Committee or a subcommittee of the Legislative
599 Management Committee; or
600 (iii) an organization that is prohibited from having a member that is a member of the
601 Legislature.
602 (2) (a) Before September 1 of each year, each legislative board or commission shall
603 prepare and submit to the Office of Legislative Research and General Counsel an annual report
604 that includes:
605 (i) the name of the legislative board or commission;
606 (ii) a description of the legislative board's or commission's official function and
607 purpose;
608 (iii) the total number of members of the legislative board or commission;
609 (iv) the number of the legislative board's or commission's members who are legislators;
610 (v) the compensation, if any, paid to the members of the legislative board or
611 commission;
612 (vi) a description of the actual work performed by the legislative board or commission
613 since the last report the legislative board or commission submitted to the Office of Legislative
614 Research and General Counsel under this section;
615 (vii) a description of actions taken by the legislative board or commission since the last
616 report the legislative board or commission submitted to the Office of Legislative Research and
617 General Counsel under this section;
618 (viii) recommendations on whether any statutory, rule, or other changes are needed to
619 make the legislative board or commission more effective; and
620 (ix) an indication of whether the legislative board or commission should continue to
621 exist.
622 (b) The Office of Legislative Research and General Counsel shall compile and post the
623 reports described in Subsection (2)(a) to the Legislature's website before October 1 of each
624 year.
625 (3) (a) The Office of Legislative Research and General Counsel shall prepare an annual
626 report by October 1 of each year that includes, as of September 1 of that year:
627 (i) the total number of legislative boards and commissions that exist in the state;
628 (ii) a summary of the reports submitted to the Office of Legislative Research and
629 General Counsel under Subsection (2), including:
630 (A) a list of each legislative board or commission that submitted a report under
631 Subsection (2);
632 (B) a list of each legislative board or commission that did not submit a report under
633 Subsection (2);
634 (C) an indication of any recommendations made under Subsection (2)(a)(viii); and
635 (D) a list of any legislative boards or commissions that indicated under Subsection
636 (2)(a)(ix) that the legislative board or commission should no longer exist.
637 (b) The Office of Legislative Research and General Counsel shall:
638 (i) distribute copies of the report described in Subsection (3)(a) to:
639 (A) the president of the Senate;
640 (B) the speaker of the House;
641 (C) the Legislative Management Committee; and
642 (D) the Government Operations Interim Committee; and
643 (ii) post the report described in Subsection (3)(a) to the Legislature's website.
644 (c) Each year, the Government Operations Interim Committee shall prepare legislation
645 making any changes the committee determines are suitable with respect to the report the
646 committee receives under Subsection (3)(b), including:
647 (i) repealing a legislative board or commission that is no longer functional or
648 necessary; and
649 (ii) making appropriate changes to make a legislative board or commission more
650 effective.
651 Section 10. Section 36-22-1 is amended to read:
652 36-22-1. Native American Legislative Liaison Committee -- Creation --
653 Membership -- Chairs -- Salaries and expenses.
654 (1) There is created the Native American Legislative Liaison Committee.
655 (2) The committee [
656 (a) [
657 no more than [
658 (b) [
659 whom [
660 (3) The speaker of the House shall select one of the members from the House of
661 Representatives to act as cochair of the committee.
662 (4) The president of the Senate shall select one of the members from the Senate to act
663 as cochair of the committee.
664 (5) Compensation and expenses of a member who is a legislator are governed by
665 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
666 Section 11. Section 40-6-16 is amended to read:
667 40-6-16. Duties of division.
668 [
669 [
670 limited to production data, pre-drilling checks, and site security reviews;
671 [
672 [
673 [
674 be presented to the board;
675 [
676 and orders enacted under Section 40-6-5; and
677 [
678 in writing of the issuance of a drilling permit.
679 [
680
681
682 Section 12. Section 52-4-103 is amended to read:
683 52-4-103. Definitions.
684 As used in this chapter:
685 (1) "Anchor location" means the physical location from which:
686 (a) an electronic meeting originates; or
687 (b) the participants are connected.
688 (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
689 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
690 City.
691 (3) (a) "Convening" means the calling together of a public body by a person authorized
692 to do so for the express purpose of discussing or acting upon a subject over which that public
693 body has jurisdiction or advisory power.
694 (b) "Convening" does not include the initiation of a routine conversation between
695 members of a board of trustees of a large public transit district if the members involved in the
696 conversation do not, during the conversation, take a tentative or final vote on the matter that is
697 the subject of the conversation.
698 (4) "Electronic meeting" means a public meeting convened or conducted by means of a
699 conference using electronic communications.
700 (5) "Electronic message" means a communication transmitted electronically, including:
701 (a) electronic mail;
702 (b) instant messaging;
703 (c) electronic chat;
704 (d) text messaging, as that term is defined in Section 76-4-401; or
705 (e) any other method that conveys a message or facilitates communication
706 electronically.
707 (6) (a) "Meeting" means the convening of a public body or a specified body, with a
708 quorum present, including a workshop or an executive session, whether in person or by means
709 of electronic communications, for the purpose of discussing, receiving comments from the
710 public about, or acting upon a matter over which the public body or specific body has
711 jurisdiction or advisory power.
712 (b) "Meeting" does not mean:
713 (i) a chance gathering or social gathering;
714 (ii) a convening of the State Tax Commission to consider a confidential tax matter in
715 accordance with Section 59-1-405; or
716 (iii) a convening of a three-member board of trustees of a large public transit district as
717 defined in Section 17B-2a-802 if:
718 (A) the board members do not, during the conversation, take a tentative or final vote on
719 the matter that is the subject of the conversation; or
720 (B) the conversation pertains only to day-to-day management and operation of the
721 public transit district.
722 (c) "Meeting" does not mean the convening of a public body that has both legislative
723 and executive responsibilities if:
724 (i) no public funds are appropriated for expenditure during the time the public body is
725 convened; and
726 (ii) the public body is convened solely for the discussion or implementation of
727 administrative or operational matters:
728 (A) for which no formal action by the public body is required; or
729 (B) that would not come before the public body for discussion or action.
730 (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
731 public statements of each member of the public body who is participating in a meeting.
732 (8) "Participate" means the ability to communicate with all of the members of a public
733 body, either verbally or electronically, so that each member of the public body can hear or
734 observe the communication.
735 (9) (a) "Public body" means:
736 (i) any administrative, advisory, executive, or legislative body of the state or its
737 political subdivisions that:
738 (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
739 (B) consists of two or more persons;
740 (C) expends, disburses, or is supported in whole or in part by tax revenue; and
741 (D) is vested with the authority to make decisions regarding the public's business; or
742 (ii) any administrative, advisory, executive, or policymaking body of an association, as
743 that term is defined in Section 53G-7-1101, that:
744 (A) consists of two or more persons;
745 (B) expends, disburses, or is supported in whole or in part by dues paid by a public
746 school or whose employees participate in a benefit or program described in Title 49, Utah State
747 Retirement and Insurance Benefit Act; and
748 (C) is vested with authority to make decisions regarding the participation of a public
749 school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
750 (b) "Public body" includes:
751 (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
752 Section 11-13-103;
753 (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
754 and
755 (iii) the Utah Independent Redistricting Commission.
756 (c) "Public body" does not include:
757 (i) a political party, a political group, or a political caucus;
758 (ii) a conference committee, a rules committee, or a sifting committee of the
759 Legislature;
760 (iii) a school community council or charter trust land council, as that term is defined in
761 Section 53G-7-1203;
762 [
763
764 [
765 [
766 in Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to
767 recommend for employment, except that the meeting in which a subcommittee votes to
768 recommend that a candidate be employed shall be subject to the provisions of this act:
769 (A) the Research and General Counsel Subcommittee;
770 (B) the Budget Subcommittee; and
771 (C) the Audit Subcommittee.
772 (10) "Public statement" means a statement made in the ordinary course of business of
773 the public body with the intent that all other members of the public body receive it.
774 (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
775 otherwise defined by applicable law.
776 (b) "Quorum" does not include a meeting of two elected officials by themselves when
777 no action, either formal or informal, is taken on a subject over which these elected officials
778 have advisory power.
779 (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
780 meeting that can be used to review the proceedings of the meeting.
781 (13) "Specified body":
782 (a) means an administrative, advisory, executive, or legislative body that:
783 (i) is not a public body;
784 (ii) consists of three or more members; and
785 (iii) includes at least one member who is:
786 (A) a legislator; and
787 (B) officially appointed to the body by the president of the Senate, speaker of the
788 House of Representatives, or governor; and
789 (b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(vi).
790 (14) "Transmit" means to send, convey, or communicate an electronic message by
791 electronic means.
792 Section 13. Section 53E-3-920.1 is enacted to read:
793 53E-3-920.1. State council - Creation.
794 The State Board of Education shall create a state council described in Section
795 53E-3-909 to accomplish the duties described in Section 53E-3-909.
796 Section 14. Section 53F-5-601 is amended to read:
797 53F-5-601. Definitions.
798 [
799 [
800 [
801 where at least 29% of [
802 [
803 (3) "Native American Legislative Liaison Committee" means the committee created in
804 Section 36-22-1.
805 (4) "State plan" means the state plan adopted under Laws of Utah 2015, Chapter 53,
806 Section 7.
807 [
808 who is required to hold an educator license issued by the board and who has an assignment to
809 teach in a classroom.
810 Section 15. Section 53F-5-602 is amended to read:
811 53F-5-602. Pilot programs created.
812 (1) (a) In addition to the state plan [
813
814 Chapter 53, Section 7, beginning with fiscal year 2016-2017, there is created a five-year pilot
815 program administered by the board to provide grants targeted to address the needs of American
816 Indian and Alaskan Native students.
817 (b) The pilot program shall consist of a grant program to school districts and charter
818 schools to be used to fund stipends, recruitment, retention, and professional development of
819 teachers who teach in American Indian and Alaskan Native concentrated schools.
820 (2) (a) Beginning with fiscal year 2017-2018, there is created a four-year pilot program
821 administered by the board to provide grants targeted to address the needs of American Indian
822 and Alaskan Native students.
823 (b) The pilot program shall consist of a grant program to school districts and charter
824 schools to be used to fund stipends, recruitment, retention, and professional development of
825 teachers who teach in American Indian and Alaskan Native concentrated schools.
826 (c) In determining grant recipients under this Subsection (2), the board shall give
827 priority to American Indian and Alaskan Native concentrated schools located in a county of the
828 fourth, fifth, or sixth class with significant populations of American Indians and Alaskan
829 Natives.
830 (3) Up to 3% of the money appropriated to a grant program under this part may be used
831 by the board for costs in implementing the pilot program.
832 Section 16. Section 53F-5-604 is amended to read:
833 53F-5-604. Liaison -- Reporting -- Meeting.
834 (1) Subject to budget constraints, the superintendent of public instruction appointed
835 under Section 53E-3-301 shall appoint an individual as the American Indian-Alaskan Native
836 Public Education Liaison.
837 [
838 (a) work under the direction of the superintendent in the development and
839 implementation of the state plan; and
840 (b) annually report to the Native American Legislative Liaison Committee created
841 under Section 36-22-1 during the term of a pilot program under this part regarding:
842 [
843 [
844 [
845 [
846 at least one meeting at which education is discussed with selected stakeholders.
847 Section 17. Section 53G-10-204 is amended to read:
848 53G-10-204. Civic and character education -- Definitions -- Legislative finding --
849 Elements -- Reporting requirements.
850 (1) As used in this section:
851 (a) "Character education" means reaffirming values and qualities of character which
852 promote an upright and desirable citizenry.
853 (b) "Civic education" means the cultivation of informed, responsible participation in
854 political life by competent citizens committed to the fundamental values and principles of
855 representative democracy in Utah and the United States.
856 (c) "Values" means time-established principles or standards of worth.
857 (2) The Legislature recognizes that:
858 (a) Civic and character education are fundamental elements of the public education
859 system's core mission as originally intended and established under Article X of the Utah
860 Constitution;
861 (b) Civic and character education are fundamental elements of the constitutional
862 responsibility of public education and shall be a continuing emphasis and focus in public
863 schools;
864 (c) the cultivation of a continuing understanding and appreciation of a constitutional
865 republic and principles of representative democracy in Utah and the United States among
866 succeeding generations of educated and responsible citizens is important to the nation and
867 state;
868 (d) the primary responsibility for the education of children within the state resides with
869 their parents or guardians and that the role of state and local governments is to support and
870 assist parents in fulfilling that responsibility;
871 (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
872 informed and responsible citizens who are deeply attached to essential democratic values and
873 institutions; and
874 (f) the happiness and security of American society relies upon the public virtue of its
875 citizens which requires a united commitment to a moral social order where self-interests are
876 willingly subordinated to the greater common good.
877 (3) Through an integrated curriculum, students shall be taught in connection with
878 regular school work:
879 (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
880 (b) respect for and an understanding of the Declaration of Independence and the
881 constitutions of the United States and of the state of Utah;
882 (c) Utah history, including territorial and preterritorial development to the present;
883 (d) the essentials and benefits of the free enterprise system;
884 (e) respect for parents, home, and family;
885 (f) the dignity and necessity of honest labor; and
886 (g) other skills, habits, and qualities of character which will promote an upright and
887 desirable citizenry and better prepare students to recognize and accept responsibility for
888 preserving and defending the blessings of liberty inherited from prior generations and secured
889 by the constitution.
890 (4) Local school boards and school administrators may provide training, direction, and
891 encouragement, as needed, to accomplish the intent and requirements of this section and to
892 effectively emphasize civic and character education in the course of regular instruction in the
893 public schools.
894 (5) Civic and character education in public schools are:
895 (a) not intended to be separate programs in need of special funding or added specialists
896 to be accomplished; and
897 (b) core principles which reflect the shared values of the citizens of Utah and the
898 founding principles upon which representative democracy in the United States and the state of
899 Utah are based.
900 [
901
902
903
904
905
906 [
907 Committee, on or before the October meeting, the methods used, and the results being
908 achieved, to instruct and prepare students to become informed and responsible citizens through
909 an integrated curriculum taught in connection with regular school work as required in this
910 section.
911 Section 18. Section 54-1-13 is amended to read:
912 54-1-13. Commission exploration and development of cleaner air options.
913 [
914 and develop options and opportunities for advancing and promoting measures designed to
915 result in cleaner air in the state through the enhanced use of alternative fuel vehicles, including:
916 [
917 and expansion of the infrastructure and maintenance and other facilities for alternative fuel
918 vehicles;
919 [
920 expansion of infrastructure and facilities for alternative fuel vehicles;
921 [
922 for the purpose of facilitating conversion to alternative fuel vehicles and of promoting the
923 enhancement and expansion of the infrastructure and facilities for those vehicles, can or should
924 play; and
925 [
926 fuel vehicles and to enhancing and expanding the infrastructure and facilities for alternative
927 fuel vehicles.
928 [
929
930
931 [
932
933
934 [
935 [
936
937
938 Section 19. Section 62A-1-105 is amended to read:
939 62A-1-105. Creation of boards, divisions, and offices.
940 (1) The following policymaking boards are created within the Department of Human
941 Services:
942 (a) the Board of Aging and Adult Services;
943 [
944 [
945 (2) The following divisions are created within the Department of Human Services:
946 (a) the Division of Aging and Adult Services;
947 (b) the Division of Child and Family Services;
948 (c) the Division of Services for People with Disabilities;
949 (d) the Division of Substance Abuse and Mental Health; and
950 (e) the Division of Juvenile Justice Services.
951 (3) The following offices are created within the Department of Human Services:
952 (a) the Office of Licensing;
953 (b) the Office of Public Guardian; and
954 (c) the Office of Recovery Services.
955 Section 20. Section 62A-1-107 is amended to read:
956 62A-1-107. Board of Aging and Adult Services -- Members, appointment, terms,
957 vacancies, chairperson, compensation, meetings, quorum.
958 (1) [
959
960 [
961 the consent of the Senate.
962 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
963 term of four years, and is eligible for one reappointment.
964 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
965 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
966 board members are staggered so that approximately half of the board is appointed every two
967 years.
968 (c) Board members shall continue in office until the expiration of their terms and until
969 their successors are appointed, which may not exceed 90 days after the formal expiration of a
970 term.
971 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
972 appointed for the unexpired term.
973 (3) No more than four members of [
974 party. [
975 shall be chosen on the basis of their active interest, experience, and demonstrated ability to deal
976 with issues related to [
977 (4) [
978 membership. [
979 budgetary constraints, meetings may be held from time to time on the call of the chairperson or
980 of the majority of the members of [
981 necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the
982 majority of members present shall be the action of the board.
983 (5) A member may not receive compensation or benefits for the member's service, but,
984 at the executive director's discretion, may receive per diem and travel expenses in accordance
985 with:
986 (a) Section 63A-3-106;
987 (b) Section 63A-3-107; and
988 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
989 63A-3-107.
990 (6) [
991 procedures for removal of a board member who is unable or unwilling to fulfill the
992 requirements of [
993 (7) The board has program policymaking authority for the division over which [
994 board presides.
995 Section 21. Section 62A-1-109 is amended to read:
996 62A-1-109. Division directors -- Appointment -- Compensation -- Qualifications.
997 (1) The chief officer of each division and office enumerated in Section 62A-1-105 shall
998 be a director who shall serve as the executive and administrative head of the division or office.
999 (2) Each division director shall be appointed by the executive director with the
1000 concurrence of the division's board, if the division has a board.
1001 (3) The director of any division may be removed from that position at the will of the
1002 executive director after consultation with that division's board, if the division has a board.
1003 (4) Each office director shall be appointed by the executive director.
1004 (5) Directors of divisions and offices shall receive compensation as provided by Title
1005 67, Chapter 19, Utah State Personnel Management Act.
1006 (6) The director of each division and office shall be experienced in administration and
1007 possess such additional qualifications as determined by the executive director, and as provided
1008 by law.
1009 Section 22. Section 62A-7-101 is amended to read:
1010 62A-7-101. Definitions.
1011 As used in this chapter:
1012 (1) "Authority" means the Youth Parole Authority, established in accordance with
1013 Section 62A-7-501.
1014 [
1015
1016 [
1017 program designated to supervise and rehabilitate youth offenders in accordance with
1018 Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
1019 with public safety, and designated or operated by or under contract with the division.
1020 [
1021 manner consistent with public safety and the well being of the youth and division employees.
1022 [
1023 [
1024 committed by an adult.
1025 [
1026 [
1027 Chapter 7, Part 2, Detention Facilities.
1028 [
1029 [
1030 removes a youth offender from its jurisdiction.
1031 [
1032 [
1033 home or a surrogate home with the consent of the child's parent, guardian, or custodian for
1034 conduct by a child who is alleged to have committed a delinquent act or postdispositional
1035 placement pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
1036 [
1037 program operated or purchased by the division that is responsible only for diagnostic
1038 assessment of minors, including for substance use disorder, mental health, psychological, and
1039 sexual behavior risk assessments.
1040 [
1041 secure facility to live outside that facility under the supervision of the Division of Juvenile
1042 Justice Services or other person designated by the division.
1043 [
1044 service providers for the provision of residential or nonresidential services that:
1045 (a) provides incentives for the implementation of evidence-based juvenile justice
1046 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
1047 to Section 63M-7-208; and
1048 (b) provides a premium rate allocation for a minor who receives the evidence-based
1049 dosage of treatment and successfully completes the program within three months.
1050 [
1051 by the division or under contract with the division that is responsible for juveniles taken into
1052 custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
1053 [
1054 rescinds a parole date.
1055 [
1056 that terminates parole supervision of a youth offender and directs return of the youth offender
1057 to the custody of a secure facility after a hearing and a determination that there has been a
1058 violation of law or of a condition of parole that warrants a return to a secure facility in
1059 accordance with Section 62A-7-504.
1060 [
1061 guardian without the permission of the parent or guardian.
1062 [
1063 or under contract with the division, for conduct by a child who is alleged to have committed a
1064 delinquent act.
1065 [
1066 division, that provides 24-hour supervision and confinement for youth offenders committed to
1067 the division for custody and rehabilitation.
1068 [
1069 facilities pending court disposition or transfer to another jurisdiction.
1070 [
1071 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
1072 adult, or to an appropriate agency.
1073 (b) "Temporary custody" does not include a placement in a secure facility, including
1074 secure detention, or a residential community-based program operated or contracted by the
1075 division, except pursuant to Subsection 78A-6-117(2).
1076 [
1077 terminates a youth offender from parole.
1078 [
1079 conflict:
1080 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
1081 guardian, to manage effectively;
1082 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
1083 (c) results in the situations in both Subsections [
1084 [
1085 project established and administered by the division for youth offenders for the purpose of
1086 rehabilitation, education, and restitution to victims.
1087 [
1088 reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
1089 jurisdiction of the division, for confinement in a secure facility or supervision in the
1090 community, following adjudication for a delinquent act which would constitute a felony or
1091 misdemeanor if committed by an adult in accordance with Section 78A-6-117.
1092 [
1093 conflict:
1094 (i) for families in crisis when a minor is ungovernable or runaway; or
1095 (ii) involving a minor and the minor's parent or guardian.
1096 (b) These services include efforts to:
1097 (i) resolve family conflict;
1098 (ii) maintain or reunite minors with their families; and
1099 (iii) divert minors from entering or escalating in the juvenile justice system.
1100 (c) The services may provide:
1101 (i) crisis intervention;
1102 (ii) short-term shelter;
1103 (iii) time out placement; and
1104 (iv) family counseling.
1105 Section 23. Section 62A-7-102 is amended to read:
1106 62A-7-102. Creation of division -- Jurisdiction.
1107 (1) There is created the Division of Juvenile Justice Services within the department,
1108 under the administration and supervision of the executive director[
1109
1110 (2) The division has jurisdiction over all youth committed to [
1111 division under Section 78A-6-117.
1112 Section 24. Section 62A-7-103 is amended to read:
1113 62A-7-103. Division director -- Qualifications -- Responsibility.
1114 (1) The director of the division shall be appointed by the executive director [
1115
1116 (2) The director shall have a bachelor's degree from an accredited university or college,
1117 be experienced in administration, and be knowledgeable in youth corrections.
1118 (3) The director is the administrative head of the division.
1119 Section 25. Section 62A-7-104 is amended to read:
1120 62A-7-104. Division responsibilities.
1121 (1) The division is responsible for all youth offenders committed to the division by
1122 juvenile courts for secure confinement or supervision and treatment in the community in
1123 accordance with Section 78A-6-117.
1124 (2) The division shall:
1125 (a) establish and administer a continuum of community, secure, and nonsecure
1126 programs for all youth offenders committed to the division;
1127 (b) establish and maintain all detention and secure facilities and set minimum standards
1128 for those facilities;
1129 (c) establish and operate prevention and early intervention youth services programs for
1130 nonadjudicated youth placed with the division; and
1131 (d) establish observation and assessment programs necessary to serve youth offenders
1132 in a nonresidential setting under Subsection 78A-6-117(2)(e).
1133 (3) The division shall place youth offenders committed to it in the most appropriate
1134 program for supervision and treatment.
1135 (4) In any order committing a youth offender to the division, the juvenile court shall
1136 find whether the youth offender is being committed for secure confinement under Subsection
1137 78A-6-117(2)(c), or placement in a community-based program under Subsection
1138 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c) or (d) underlying
1139 the commitment. The division shall place the youth offender in the most appropriate program
1140 within the category specified by the court.
1141 (5) The division shall employ staff necessary to:
1142 (a) supervise and control youth offenders in secure facilities or in the community;
1143 (b) supervise and coordinate treatment of youth offenders committed to the division for
1144 placement in community-based programs; and
1145 (c) control and supervise adjudicated and nonadjudicated youth placed with the
1146 division for temporary services in receiving centers, youth services, and other programs
1147 established by the division.
1148 (6) (a) Youth in the custody or temporary custody of the division are controlled or
1149 detained in a manner consistent with public safety and rules made by the division. In the event
1150 of an unauthorized leave from a secure facility, detention center, community-based program,
1151 receiving center, home, or any other designated placement, division employees have the
1152 authority and duty to locate and apprehend the youth, or to initiate action with local law
1153 enforcement agencies for assistance.
1154 (b) A rule made by the division under this Subsection (6) may not permit secure
1155 detention based solely on the existence of multiple status offenses, misdemeanors, or
1156 infractions alleged in the same criminal episode.
1157 (7) The division shall establish and operate compensatory-service work programs for
1158 youth offenders committed to the division by the juvenile court. The compensatory-service
1159 work program may not be residential and shall:
1160 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
1161 parks, highways, and other programs designated by the division;
1162 (b) provide educational and prevocational programs in cooperation with the State
1163 Board of Education for youth offenders placed in the program; and
1164 (c) provide counseling to youth offenders.
1165 (8) The division shall establish minimum standards for the operation of all private
1166 residential and nonresidential rehabilitation facilities that provide services to juveniles who
1167 have committed a delinquent act or infraction in this state or in any other state.
1168 (9) [
1169 provide regular training for staff of secure facilities, detention staff, case management staff, and
1170 staff of the community-based programs.
1171 (10) (a) The division is authorized to employ special function officers, as defined in
1172 Section 53-13-105, to locate and apprehend minors who have absconded from division
1173 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
1174 carry out other duties as assigned by the division.
1175 (b) Special function officers may be employed through contract with the Department of
1176 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
1177 (11) The division shall designate employees to obtain the saliva DNA specimens
1178 required under Section 53-10-403. The division shall ensure that the designated employees
1179 receive appropriate training and that the specimens are obtained in accordance with accepted
1180 protocol.
1181 (12) The division shall register with the Department of Corrections any person who:
1182 (a) has been adjudicated delinquent based on an offense listed in Subsection
1183 77-41-102(17)(a) or 77-43-102(2);
1184 (b) has been committed to the division for secure confinement; and
1185 (c) remains in the division's custody 30 days before the person's 21st birthday.
1186 (13) The division shall ensure that a program delivered to a youth offender under this
1187 section is evidence based in accordance with Section 63M-7-208.
1188 Section 26. Section 62A-7-106.5 is amended to read:
1189 62A-7-106.5. Annual review of programs and facilities.
1190 (1) (a) The division shall annually review all programs and facilities that provide
1191 services to juveniles who have committed a delinquent act, in this state or in any other state,
1192 which would constitute a felony or misdemeanor if committed by an adult, and license those
1193 programs and facilities that are in compliance with standards [
1194 established by the division . The division shall provide written reviews to the managers of
1195 those programs and facilities.
1196 (b) [
1197 are unable or unwilling to comply with the [
1198 may not be licensed.
1199 (2) Any private facility or program providing services under this chapter that willfully
1200 fails to comply with the standards established by the division is guilty of a class B
1201 misdemeanor.
1202 Section 27. Section 62A-7-201 is amended to read:
1203 62A-7-201. Confinement -- Facilities -- Restrictions.
1204 (1) Children under 18 years of age, who are apprehended by any officer or brought
1205 before any court for examination under any provision of state law, may not be confined in jails,
1206 lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
1207 secure postadjudication correctional facilities operated by the division, except as provided in
1208 Subsection (2)[
1209
1210 (2) (a) Children charged with crimes under Section 78A-6-701, as a serious youth
1211 offender under Section 78A-6-702 and bound over to the jurisdiction of the district court, or
1212 certified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained
1213 as provided in these sections.
1214 (b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 before
1215 a hearing before a magistrate, or under Subsection 78A-6-113(3), may only be held in certified
1216 juvenile detention accommodations in accordance with rules made by the Commission on
1217 Criminal and Juvenile Justice. Those rules shall include standards for acceptable sight and
1218 sound separation from adult inmates. The Commission on Criminal and Juvenile Justice
1219 certifies facilities that are in compliance with the Commission on Criminal and Juvenile
1220 Justice's standards. This Subsection (2)(b) does not apply to juveniles held in an adult
1221 detention facility in accordance with Subsection (2)(a).
1222 (3) In areas of low density population, the Commission on Criminal and Juvenile
1223 Justice may, by rule, approve juvenile holding accommodations within adult facilities that have
1224 acceptable sight and sound separation. Those facilities shall be used only for short-term
1225 holding purposes, with a maximum confinement of six hours, for children alleged to have
1226 committed an act which would be a criminal offense if committed by an adult. Acceptable
1227 short-term holding purposes are: identification, notification of juvenile court officials,
1228 processing, and allowance of adequate time for evaluation of needs and circumstances
1229 regarding release or transfer to a shelter or detention facility. This Subsection (3) does not
1230 apply to juveniles held in an adult detention facility in accordance with Subsection (2)(a).
1231 (4) Children who are alleged to have committed an act that would be a criminal offense
1232 if committed by an adult, may be detained in holding rooms in local law enforcement agency
1233 facilities for a maximum of two hours, for identification or interrogation, or while awaiting
1234 release to a parent or other responsible adult. Those rooms shall be certified by the
1235 Commission on Criminal and Juvenile Justice, according to the Commission on Criminal and
1236 Juvenile Justice's rules. Those rules shall include provisions for constant supervision and for
1237 sight and sound separation from adult inmates.
1238 (5) Willful failure to comply with this section is a class B misdemeanor.
1239 (6) (a) The division is responsible for the custody and detention of children under 18
1240 years of age who require detention care before trial or examination, or while awaiting
1241 assignment to a home or facility, as a dispositional placement under Subsection
1242 78A-6-117(2)(f)(i), and of youth offenders under Subsection 62A-7-504(9). This Subsection
1243 (6)(a) does not apply to juveniles held in an adult detention facility in accordance with
1244 Subsection (2)(a).
1245 (b) (i) The Commission on Criminal and Juvenile Justice shall provide standards for
1246 custody or detention under Subsections (2)(b), (3), and (4).
1247 (ii) The division shall determine and set standards for conditions of care and
1248 confinement of children in detention facilities.
1249 (c) All other custody or detention shall be provided by the division, or by contract with
1250 a public or private agency willing to undertake temporary custody or detention upon agreed
1251 terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
1252 in law enforcement and corrections systems. This Subsection (6)(c) does not apply to juveniles
1253 held in an adult detention facility in accordance with Subsection (2)(a).
1254 Section 28. Section 62A-7-401.5 is amended to read:
1255 62A-7-401.5. Secure facilities.
1256 (1) The division shall maintain and operate secure facilities for the custody and
1257 rehabilitation of youth offenders who pose a danger of serious bodily harm to others, who
1258 cannot be controlled in a less secure setting, or who have engaged in a pattern of conduct
1259 characterized by persistent and serious criminal offenses which, as demonstrated through the
1260 use of other alternatives, cannot be controlled in a less secure setting.
1261 (2) The director shall appoint an administrator for each secure facility. An
1262 administrator of a secure facility shall have experience in social work, law, criminology,
1263 corrections, or a related field, and also in administration.
1264 (3) (a) The division, in cooperation with the State Board of Education, shall provide
1265 instruction, or make instruction available, to youth offenders in secure facilities. The
1266 instruction shall be appropriate to the age, needs, and range of abilities of the youth offender.
1267 (b) An assessment shall be made of each youth offender by the appropriate secure
1268 facility to determine the offender's abilities, possible learning disabilities, interests, attitudes,
1269 and other attributes related to appropriate educational programs.
1270 (c) Prevocational education shall be provided to acquaint youth offenders with
1271 vocations, and vocational requirements and opportunities.
1272 (4) The division shall place youth offenders who have been committed to the division
1273 for secure confinement and rehabilitation in a secure facility, operated by the division or by a
1274 private entity, that is appropriate to ensure that humane care and rehabilitation opportunities are
1275 afforded to the youth offender.
1276 (5) The division shall adopt[
1277 procedures for the regulation and operation of secure facilities, consistent with state and federal
1278 law.
1279 Section 29. Section 62A-7-501 is amended to read:
1280 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
1281 (1) There is created within the division a Youth Parole Authority.
1282 (2) (a) The authority is composed of 10 part-time members and five pro tempore
1283 members who are residents of this state. No more than three pro tempore members may serve
1284 on the authority at any one time.
1285 (b) Throughout this section, the term "member" refers to both part-time and pro
1286 tempore members of the Youth Parole Authority.
1287 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
1288 four-year terms by the governor with the consent of the Senate.
1289 (b) The governor shall, at the time of appointment or reappointment, adjust the length
1290 of terms to ensure that the terms of authority members are staggered so that approximately half
1291 of the authority is appointed every two years.
1292 (4) Each member shall have training or experience in social work, law, juvenile or
1293 criminal justice, or related behavioral sciences.
1294 (5) When a vacancy occurs in the membership for any reason, the replacement member
1295 shall be appointed for the unexpired term.
1296 (6) During the tenure of the member's appointment, a member may not:
1297 (a) be an employee of the department, other than in the member's capacity as a member
1298 of the authority;
1299 (b) hold any public office;
1300 (c) hold any position in the state's juvenile justice system; or
1301 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
1302 juvenile justice agency or its contractor.
1303 (7) In extraordinary circumstances or when a regular member is absent or otherwise
1304 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
1305 (8) A member may not receive compensation or benefits for the member's service, but
1306 may receive per diem and travel expenses in accordance with:
1307 (a) Section 63A-3-106;
1308 (b) Section 63A-3-107; and
1309 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1310 63A-3-107.
1311 (9) The authority shall determine appropriate parole dates for youth offenders[
1312
1313
1314 (10) Youth offenders may be paroled to their own homes, to an independent living
1315 program contracted or operated by the division, to an approved independent living setting, or to
1316 other appropriate residences of qualifying relatives or guardians, but shall remain on parole
1317 until parole is terminated by the authority in accordance with Section 62A-7-404.
1318 (11) The division's case management staff shall implement parole release plans and
1319 shall supervise youth offenders while on parole.
1320 (12) The division shall permit the authority to have reasonable access to youth
1321 offenders in secure facilities and shall furnish all pertinent data requested by the authority in
1322 matters of parole, revocation, and termination.
1323 Section 30. Section 62A-7-502 is amended to read:
1324 62A-7-502. Youth Parole Authority -- Parole procedures.
1325 (1) The authority has responsibility for parole release, rescission, revocation, and
1326 termination for youth offenders who have been committed to the division for secure
1327 confinement. The authority shall determine when and under what conditions youth offenders
1328 who have been committed to a secure facility are eligible for parole.
1329 (2) Each youth offender shall be served with notice of parole hearings, and has the
1330 right to personally appear before the authority for parole consideration.
1331 (3) Orders and decisions of the authority shall be in writing, and each youth offender
1332 shall be provided written notice of the authority's reasoning and decision in [
1333 offender's case.
1334 (4) The authority shall establish policies and procedures[
1335 for the authority's governance, meetings, hearings, the conduct of proceedings before it, the
1336 parole of youth offenders, and the general conditions under which parole may be granted,
1337 rescinded, revoked, modified, and terminated.
1338 Section 31. Section 62A-7-506 is amended to read:
1339 62A-7-506. Discharge of youth offender.
1340 (1) A youth offender may be discharged from the jurisdiction of the division at any
1341 time, by written order of the Youth Parole Authority, upon a finding that no further purpose
1342 would be served by secure confinement or supervision in a community setting.
1343 (2) [
1344
1345 (3) Discharge of a youth offender is a complete release of all penalties incurred by
1346 adjudication of the offense for which the youth offender was committed.
1347 Section 32. Section 62A-7-601 is amended to read:
1348 62A-7-601. Youth services for prevention and early intervention -- Program
1349 standards -- Program services.
1350 (1) The division shall establish and operate prevention and early intervention youth
1351 services programs.
1352 (2) The division shall adopt [
1353 procedures, including minimum standards for the organization and operation of youth services
1354 programs.
1355 (3) The division shall establish housing, programs, and procedures to ensure that youth
1356 who are receiving services under this section and who are not in the custody of the division are
1357 served separately from youth who are in custody of the division.
1358 (4) The division may enter into contracts with state and local governmental entities and
1359 private providers to provide the youth services.
1360 (5) The division shall establish and administer juvenile receiving centers and other
1361 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
1362 for nonadjudicated and adjudicated youth placed with the division.
1363 (6) The division shall prioritize use of evidence-based juvenile justice programs and
1364 practices.
1365 Section 33. Section 62A-7-701 is amended to read:
1366 62A-7-701. Community-based programs.
1367 (1) (a) The division shall operate residential and nonresidential community-based
1368 programs to provide care, treatment, and supervision for youth offenders committed to the
1369 division by juvenile courts.
1370 (b) The division shall operate or contract for nonresidential community-based
1371 programs and independent living programs to provide care, treatment, and supervision of
1372 paroled youth offenders.
1373 (2) The division shall adopt[
1374 the organization and operation of community-based corrections programs for youth offenders.
1375 (3) The division shall place youth offenders committed to it for community-based
1376 programs in the most appropriate program based upon the division's evaluation of the youth
1377 offender's needs and the division's available resources in accordance with Sections 62A-7-404
1378 and 78A-6-117.
1379 Section 34. Section 63A-5-225 is amended to read:
1380 63A-5-225. Development of new correctional facilities.
1381 (1) As used in this section:
1382 [
1383
1384 (a) "Committee" means the Legislative Management Committee created in Section
1385 36-12-6.
1386 (b) "New correctional facilities" means a new prison and related facilities to be
1387 constructed to replace the state prison located in Draper.
1388 (c) "Prison project" means all aspects of a project for the design and construction of
1389 new correctional facilities on the selected site, including:
1390 (i) the acquisition of land, interests in land, easements, or rights-of-way;
1391 (ii) site improvement; and
1392 (iii) the acquisition, construction, equipping, or furnishing of facilities, structures,
1393 infrastructure, roads, parking facilities, utilities, and improvements, whether on or off the
1394 selected site, that are necessary, incidental, or convenient to the development of new
1395 correctional facilities on the selected site.
1396 (d) "Selected site" means [
1397 site selected under Subsection 63C-15-203(2) as the site for new correctional facilities.
1398 (2) In consultation with the [
1399 prison project, as provided in this section.
1400 (3) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and this
1401 section, the division shall:
1402 (i) enter into contracts with persons providing professional and construction services
1403 for the prison project;
1404 [
1405
1406 [
1407 as requested by the commission; and
1408 [
1409 subject to Subsection (3)(b).
1410 (b) The division may not consult with or receive input from the [
1411 committee regarding:
1412 (i) the evaluation of proposals from persons seeking to provide professional and
1413 construction services for the prison project; or
1414 (ii) the selection of persons to provide professional and construction services for the
1415 prison project.
1416 (c) A contract with a project manager or person with a comparable position on the
1417 prison project shall include a provision that requires the project manager or other person to
1418 provide reports to the [
1419 [
1420 (4) All contracts associated with the design or construction of new correctional
1421 facilities shall be awarded and managed by the division in accordance with Title 63G, Chapter
1422 6a, Utah Procurement Code, and this section.
1423 (5) The division shall coordinate with the Department of Corrections, created in
1424 Section 64-13-2, and the State Commission on Criminal and Juvenile Justice, created in
1425 Section 63M-7-201, during the prison project to help ensure that the design and construction of
1426 new correctional facilities are conducive to and consistent with, and help to implement any
1427 reforms of or changes to, the state's corrections system and corrections programs.
1428 (6) (a) There is created within the General Fund a restricted account known as the
1429 "Prison Development Restricted Account."
1430 (b) The account created in Subsection (6)(a) is funded by legislative appropriations.
1431 (c) (i) The account shall earn interest or other earnings.
1432 (ii) The Division of Finance shall deposit interest or other earnings derived from the
1433 investment of account funds into the account.
1434 (d) Upon appropriation from the Legislature, money from the account shall be used to
1435 fund the Prison Project Fund created in Subsection (7).
1436 (7) (a) There is created a capital projects fund known as the "Prison Project Fund."
1437 (b) The fund consists of:
1438 (i) money appropriated to the fund by the Legislature; and
1439 (ii) proceeds from the issuance of bonds authorized in Section 63B-25-101 to provide
1440 funding for the prison project.
1441 (c) (i) The fund shall earn interest or other earnings.
1442 (ii) The Division of Finance shall deposit interest or other earnings derived from the
1443 investment of fund money into the fund.
1444 (d) Money in the fund shall be used by the division to fund the prison project.
1445 Section 35. Section 63B-25-101 is amended to read:
1446 63B-25-101. General obligation bonds for prison project -- Maximum amount --
1447 Use of proceeds.
1448 (1) As used in this section:
1449 (a) "Prison project" means the same as that term is defined in Section [
1450 63A-5-225.
1451 (b) "Prison project fund" means the capital projects fund created in Subsection
1452 63A-5-225(7).
1453 (2) The commission may issue general obligation bonds as provided in this section.
1454 (3) (a) The total amount of bonds to be issued under this section may not exceed
1455 $570,000,000 for acquisition and construction proceeds, plus additional amounts necessary to
1456 pay costs of issuance, to pay capitalized interest, and to fund any existing debt service reserve
1457 requirements, with the total amount of the bonds not to exceed $575,700,000.
1458 (b) The maturity of bonds issued under this section may not exceed 10 years.
1459 (4) The commission shall ensure that proceeds from the issuance of bonds under this
1460 section are deposited into the Prison Project Fund for use by the division to pay all or part of
1461 the cost of the prison project, including:
1462 (a) interest estimated to accrue on the bonds authorized in this section until the
1463 completion of construction of the prison project, plus a period of 12 months after the end of
1464 construction; and
1465 (b) all related engineering, architectural, and legal fees.
1466 (5) (a) The division may enter into agreements related to the prison project before the
1467 receipt of proceeds of bonds issued under this section.
1468 (b) The division shall make those expenditures from unexpended and unencumbered
1469 building funds already appropriated to the Prison Project Fund.
1470 (c) The division shall reimburse the Prison Project Fund upon receipt of the proceeds
1471 of bonds issued under this chapter.
1472 (d) The state intends to use proceeds of tax-exempt bonds to reimburse itself for
1473 expenditures for costs of the prison project.
1474 (6) Before issuing bonds authorized under this section, the commission shall request
1475 and consider a recommendation from the [
1476 Management Committee, created in Section [
1477 amount of the issuance.
1478 Section 36. Section 63C-4a-101 is amended to read:
1479 63C-4a-101. Title.
1480 [
1481 [
1482 Section 37. Section 63C-4a-102 is amended to read:
1483 63C-4a-102. Definitions.
1484 As used in this chapter:
1485 (1) "Account" means the Constitutional Defense Restricted Account, created in Section
1486 63C-4a-402.
1487 (2) "Commission" means the [
1488 Section 63C-4a-302.
1489 (3) "Constitutional defense plan" means a plan that outlines actions and expenditures to
1490 fulfill the duties of the commission and the council.
1491 (4) "Council" means the Constitutional Defense Council, created in Section
1492 63C-4a-202.
1493 (5) "Federal governmental entity" means:
1494 (a) the president of the United States;
1495 (b) the United States Congress;
1496 (c) a United States agency; or
1497 (d) an employee or official appointed by the president of the United States.
1498 (6) "Federal issue" means a matter relating to the federal government's dealings with
1499 the state, including a matter described in Section 63C-4a-309.
1500 [
1501 (a) an executive order by the president of the United States;
1502 (b) a statute passed by the United States Congress;
1503 (c) a regulation adopted by a United States agency; or
1504 (d) a policy statement, order, guidance, or action by:
1505 (i) a United States agency; or
1506 (ii) an employee or official appointed by the president of the United States.
1507 [
1508 [
1509 (a) is developed jointly by the Utah Association of Counties and the state;
1510 (b) is approved by the council; and
1511 (c) presents the broad framework of a proposed working relationship between the state
1512 and participating counties collectively for the purpose of asserting, defending, or litigating state
1513 and local government rights under R.S. 2477.
1514 [
1515 council, board, office, bureau, or other administrative unit of the executive branch of the
1516 United States government.
1517 Section 38. Section 63C-4a-301 is amended to read:
1518 63C-4a-301. Title.
1519 This part is known as "[
1520 Section 39. Section 63C-4a-302 is amended to read:
1521 63C-4a-302. Creation of Federalism Commission -- Membership meetings -- Staff
1522 -- Expenses.
1523 (1) There is created the [
1524 following [
1525 (a) the president of the Senate or the president of the Senate's designee who shall serve
1526 as cochair of the commission;
1527 (b) [
1528 the Senate;
1529 (c) the speaker of the House or the speaker of the House's designee who shall serve as
1530 cochair of the commission;
1531 (d) [
1532 (e) the minority leader of the Senate or the minority leader of the Senate's designee;
1533 and
1534 (f) the minority leader of the House or the minority leader of the House's designee.
1535 (2) (a) A majority of the members of the commission constitute a quorum of the
1536 commission.
1537 (b) Action by a majority of the members of a quorum constitutes action by the
1538 commission.
1539 (3) The commission [
1540 additional meetings are approved by the Legislative Management Committee.
1541 (4) The Office of Legislative Research and General Counsel shall provide staff support
1542 to the commission.
1543 (5) Compensation and expenses of a member of the commission who is a legislator are
1544 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1545 Expenses.
1546 (6) Nothing in this section prohibits the commission from closing a meeting under
1547 Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the commission from
1548 complying with Title 63G, Chapter 2, Government Records Access and Management Act.
1549 (7) The commission may, in the commission's discretion, elect to succeed to the
1550 position of any of the following under a contract that any of the following are party to, subject
1551 to applicable contractual provisions:
1552 (a) the Commission on Federalism;
1553 (b) the Commission for the Stewardship of Public Lands; and
1554 (c) the Federal Funds Commission.
1555 Section 40. Section 63C-4a-303 is amended to read:
1556 63C-4a-303. Federalism Commission to evaluate federal law -- Curriculum on
1557 federalism.
1558 (1) In accordance with Section 63C-4a-304, the commission may evaluate a federal
1559 law:
1560 (a) as agreed by a majority of the commission; or
1561 (b) submitted to the commission by a council member.
1562 (2) The commission may request information regarding a federal law under evaluation
1563 from a United States senator or representative elected from the state.
1564 (3) If the commission finds that a federal law is not authorized by the United States
1565 Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
1566 commission cochair may:
1567 (a) request from a United States senator or representative elected from the state:
1568 (i) information about the federal law; or
1569 (ii) assistance in communicating with a federal governmental entity regarding the
1570 federal law;
1571 (b) (i) give written notice of an evaluation made under Subsection (1) to the federal
1572 governmental entity responsible for adopting or administering the federal law; and
1573 (ii) request a response by a specific date to the evaluation from the federal
1574 governmental entity; and
1575 (c) request a meeting, conducted in person or by electronic means, with the federal
1576 governmental entity, a representative from another state, or a United States Senator or
1577 Representative elected from the state to discuss the evaluation of federal law and any possible
1578 remedy.
1579 (4) The commission may recommend to the governor that the governor call a special
1580 session of the Legislature to give the Legislature an opportunity to respond to the commission's
1581 evaluation of a federal law.
1582 (5) A commission cochair may coordinate the evaluation of and response to federal law
1583 with another state as provided in Section 63C-4a-305.
1584 [
1585
1586
1587 [
1588 [
1589
1590 [
1591 [
1592 [
1593 [
1594 (a) a federal law that the commission evaluates under Subsection (1);
1595 (b) an action taken by a cochair of the commission under Subsection (3);
1596 (c) any coordination undertaken with another state under Section 63C-4a-305; and
1597 (d) any response received from a federal government entity that was requested under
1598 Subsection (3).
1599 [
1600 federalism. The curriculum shall be available to the general public and include:
1601 (a) fundamental principles of federalism;
1602 (b) the sovereignty, supremacy, and jurisdiction of the individual states, including their
1603 police powers;
1604 (c) the history and practical implementation of the Tenth Amendment to the United
1605 States Constitution;
1606 (d) the authority and limits on the authority of the federal government as found in the
1607 United States Constitution;
1608 (e) the relationship between the state and federal governments;
1609 (f) methods of evaluating a federal law in the context of the principles of federalism;
1610 (g) how and when challenges should be made to a federal law or regulation on the basis
1611 of federalism;
1612 (h) the separate and independent powers of the state that serve as a check on the federal
1613 government;
1614 (i) first amendment rights and freedoms contained therein; and
1615 (j) any other issues relating to federalism the commission considers necessary.
1616 [
1617 donations to assist in funding the creation, enhancement, and dissemination of the curriculum.
1618 [
1619
1620 (9) The commission shall submit a report on or before November 30 of each year to the
1621 Government Operations Interim Committee and the Natural Resources, Agriculture, and
1622 Environment Interim Committee that:
1623 (a) describes any action taken by the commission under Section 63C-4a-303; and
1624 (b) includes any proposed legislation the commission recommends.
1625 Section 41. Section 63C-4a-306 is amended to read:
1626 63C-4a-306. Course on federalism required.
1627 (1) This section [
1628 (a) all political subdivisions of the state;
1629 (b) all agencies of the state;
1630 (c) the Attorney General's office; and
1631 (d) the Office of Legislative Research and General Counsel.
1632 (2) [
1633 appoint at least one designee to which all questions and inquiries regarding federalism shall be
1634 directed. The designee shall be required to attend a seminar on the principles of federalism
1635 developed pursuant to Subsection 63C-4a-303[
1636 (3) The designee may complete the requirements of this section by attending a seminar
1637 in person or online.
1638 Section 42. Section 63C-4a-307 is amended to read:
1639 63C-4a-307. Commission to evaluate foregone property tax -- Evaluation
1640 procedures.
1641 (1) As used in this section:
1642 (a) (i) "Federally controlled land" means any land within the exterior boundaries of the
1643 state that is controlled by the United States government for the entire taxable year.
1644 (ii) "Federally controlled land" does not include:
1645 (A) a military installation;
1646 (B) a federal enclave as described in United States Constitution, Article I, Section 8,
1647 clause 17; or
1648 (C) land owned by an Indian tribe as described in 18 U.S.C. Sec. 1151.
1649 (b) (i) "Payments in lieu of tax" means payments made by the federal government to a
1650 county, municipality, or school district of the state.
1651 (ii) "Payments in lieu of tax" includes a payment under:
1652 (A) the in lieu of property taxes program, 31 U.S.C. Sec. 6901, et seq., commonly
1653 referred to as PILT; and
1654 (B) the impact aid program, 20 U.S.C. Sec. 7701, et seq.
1655 (2) (a) The commission shall hold a hearing regarding the impact on the state from the
1656 failure of the federal government to make payments in lieu of tax that are equivalent to the
1657 property tax revenue that the state would generate but for federally controlled land.
1658 (b) The commission shall invite and accept testimony on the information described in
1659 Subsection (2)(a) and the impact on the ability and the duty of the state to fund education and
1660 to protect and promote the health, safety, and welfare of the state, the state's political
1661 subdivisions, and the residents of the state from the following:
1662 (i) representatives from:
1663 (A) the office of each United States senator or representative elected from the state;
1664 (B) any federal government entity administering the payments in lieu of tax;
1665 (C) the Legislative Management Committee;
1666 (D) the Office of the Governor;
1667 (E) the Office of the Attorney General;
1668 (F) the State Tax Commission;
1669 (G) the Public Lands Policy Coordinating Office, created in Section 63J-4-602;
1670 (H) the school districts;
1671 (I) the association of school districts;
1672 (J) the superintendents' association;
1673 (K) the charter schools;
1674 (L) school community councils;
1675 (M) the counties;
1676 (N) the municipalities; and
1677 (O) nonpartisan entities serving state governments;
1678 (ii) other states' officials or agencies; and
1679 (iii) other interested individuals or entities.
1680 (3) In accordance with this part, the commission may engage each United States
1681 senator or representative elected from the state in coordinating with the federal government to
1682 secure payments in lieu of tax that are equivalent to the property tax revenue the state would
1683 generate but for federally controlled land.
1684 (4) The commission shall communicate the information received during the hearing
1685 described in Subsection (2) and any action taken under Subsection (3) to the individuals and
1686 entities described in Subsection (2)(b).
1687 (5) The commission shall conduct the activities described in this section before the
1688 commission's final meeting in 2019.
1689 Section 43. Section 63C-4a-308, which is renumbered from Section 63C-4b-104 is
1690 renumbered and amended to read:
1691 [
1692 lands.
1693 [
1694 [
1695 [
1696 public lands to the state;
1697 [
1698 protect the health, safety, and welfare of its citizens as it relates to public lands, including
1699 recommendations concerning the use of funds in the account created in Section [
1700 63C-4a-404;
1701 [
1702 economic analysis conducted by the Public Lands Policy Coordinating Office in accordance
1703 with Section 63J-4-606;
1704 [
1705 and political subdivisions of the state, the state congressional delegation, western governors,
1706 other states, and other stakeholders concerning the transfer of federally controlled public lands
1707 to the state including convening working groups, such as a working group composed of
1708 members of the Utah Association of Counties;
1709 [
1710 public lands transferred to the state, including stewardship of the land and appropriate uses of
1711 the land;
1712 [
1713 state from the public lands transferred to the state; and
1714 [
1715 Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the
1716 transfer of public lands to the state, regarding:
1717 [
1718 [
1719 [
1720 [
1721 [
1722 public lands to the state under Section [
1723 [
1724 Fund created in Section [
1725 [
1726
1727
1728
1729 Section 44. Section 63C-4a-309, which is renumbered from Section 63C-14-301 is
1730 renumbered and amended to read:
1731 [
1732 [
1733 [
1734 [
1735 [
1736 receipt of federal funds;
1737 [
1738 reduction in the amount or value of federal funds they receive, in both the near and distant
1739 future;
1740 [
1741 the amount or value of federal funds received by the state and by local governments in the
1742 state, in both the near and distant future; and
1743 [
1744 value of federal funds paid to the states, in both the near and distant future; and
1745 [
1746 [
1747 funds by the state and by local governments in the state;
1748 [
1749 federal funds; and
1750 [
1751 by the state and by local governments in the state.
1752 [
1753
1754
1755
1756 [
1757
1758 Section 45. Section 63C-4a-404, which is renumbered from Section 63C-4b-105 is
1759 renumbered and amended to read:
1760 [
1761 Account -- Sources of funds -- Uses of funds -- Reports.
1762 (1) There is created a restricted account within the General Fund known as the Public
1763 Lands Litigation Restricted Account.
1764 (2) The account created in Subsection (1) consists of money from the following
1765 revenue sources:
1766 (a) money received by the commission from other state agencies; and
1767 (b) appropriations made by the Legislature.
1768 (3) The Legislature may annually appropriate money from the account for the purposes
1769 of asserting, defending, or litigating state and local government rights to the disposition and use
1770 of federal lands within the state as those rights are granted by the United States Constitution,
1771 the Utah Enabling Act, and other applicable law.
1772 (4) (a) Any entity that receives money from the account shall, before disbursing the
1773 money to another person for the purposes described in Subsection (3), or before spending the
1774 money appropriated, report to the commission regarding:
1775 (i) the amount of the disbursement;
1776 (ii) who will receive the disbursement; and
1777 (iii) the planned use for the disbursement.
1778 (b) The commission may, upon receiving the report under Subsection (4)(a):
1779 (i) advise the Legislature and the entity of the commission finding that the
1780 disbursement is consistent with the purposes in Subsection (3); or
1781 (ii) advise the Legislature and the entity of the commission finding that the
1782 disbursement is not consistent with the purposes in Subsection (3).
1783 Section 46. Section 63C-4a-405, which is renumbered from Section 63C-4b-106 is
1784 renumbered and amended to read:
1785 [
1786 Revenue Fund -- Creation -- Source of funds -- Use of funds -- Reports.
1787 (1) There is created an expendable special revenue fund known as the Public Lands
1788 Litigation Expendable Special Revenue Fund.
1789 (2) The fund shall consist of gifts, grants, donations, or any other conveyance of money
1790 that may be made to the fund from private sources and other states.
1791 (3) The fund shall be administered by the Division of Finance in accordance with
1792 Subsection (4).
1793 (4) (a) The fund may be used only for the purpose of asserting, defending, or litigating
1794 state and local government rights to the disposition and use of federal lands within the state as
1795 those rights are granted by the United States Constitution, the Utah Enabling Act, and other
1796 applicable law.
1797 (b) Before each disbursement from the fund, the Division of Finance shall report to the
1798 commission regarding:
1799 (i) the sources of the money in the fund;
1800 (ii) who will receive the disbursement;
1801 (iii) the planned use of the disbursement; and
1802 (iv) the amount of the disbursement.
1803 (c) The commission may, upon receiving the report under Subsection (4)(b):
1804 (i) advise the Legislature and the Division of Finance of the commission finding that
1805 the disbursement is consistent with the purposes in Subsection (4)(a); or
1806 (ii) advise the Legislature and the Division of Finance of the commission finding that
1807 the disbursement is not consistent with the purposes in Subsection (4)(a).
1808 Section 47. Section 63F-1-102 is amended to read:
1809 63F-1-102. Definitions.
1810 As used in this title:
1811 [
1812 [
1813 under Section 63F-1-201.
1814 [
1815 dissemination of data.
1816 [
1817 [
1818 (a) information technology that can be applied across state government; and
1819 (b) support for information technology that can be applied across state government,
1820 including:
1821 (i) technical support;
1822 (ii) master software licenses; and
1823 (iii) hardware and software standards.
1824 [
1825 agency" means an agency or administrative subunit of state government.
1826 (b) "Executive branch agency" does not include:
1827 (i) the legislative branch;
1828 (ii) the judicial branch;
1829 (iii) the State Board of Education;
1830 (iv) the Board of Regents;
1831 (v) institutions of higher education;
1832 (vi) independent entities as defined in Section 63E-1-102; and
1833 (vii) elective constitutional offices of the executive department which includes:
1834 (A) the state auditor;
1835 (B) the state treasurer; and
1836 (C) the attorney general.
1837 [
1838 created under Section 63F-1-203.
1839 [
1840 the definition of "disability" in 42 U.S.C. Sec. 12102.
1841 [
1842 information handling, including:
1843 (a) systems design and analysis;
1844 (b) acquisition, storage, and conversion of data;
1845 (c) computer programming;
1846 (d) information storage and retrieval;
1847 (e) voice, video, and data communications;
1848 (f) requisite systems controls;
1849 (g) simulation; and
1850 (h) all related interactions between people and machines.
1851 [
1852 principles, policies, and standards that guide the engineering of state government's information
1853 technology and infrastructure in a way that ensures alignment with state government's business
1854 and service needs.
1855 Section 48. Section 63F-1-203 is amended to read:
1856 63F-1-203. Executive branch information technology strategic plan.
1857 (1) In accordance with this section, the chief information officer shall prepare an
1858 executive branch information technology strategic plan:
1859 (a) that complies with this chapter; and
1860 (b) that includes:
1861 (i) a strategic plan for the:
1862 (A) interchange of information related to information technology between executive
1863 branch agencies;
1864 (B) coordination between executive branch agencies in the development and
1865 maintenance of information technology and information systems, including the coordination of
1866 agency information technology plans described in Section 63F-1-204; and
1867 (C) protection of the privacy of individuals who use state information technology or
1868 information systems, including the implementation of industry best practices for data and
1869 system security;
1870 (ii) priorities for the development and implementation of information technology or
1871 information systems including priorities determined on the basis of:
1872 (A) the importance of the information technology or information system; and
1873 (B) the time sequencing of the information technology or information system; and
1874 (iii) maximizing the use of existing state information technology resources.
1875 (2) In the development of the executive branch strategic plan, the chief information
1876 officer shall consult with[
1877 [
1878 (3) (a) Unless withdrawn by the chief information officer or the governor in accordance
1879 with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
1880 which the executive branch strategic plan is submitted to:
1881 (i) the governor; and
1882 (ii) the Public Utilities, Energy, and Technology Interim Committee.
1883 (b) The chief information officer or the governor may withdraw the executive branch
1884 strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
1885 determines that the executive branch strategic plan:
1886 (i) should be modified; or
1887 (ii) for any other reason should not take effect.
1888 (c) The Public Utilities, Energy, and Technology Interim Committee may make
1889 recommendations to the governor and to the chief information officer if the commission
1890 determines that the executive branch strategic plan should be modified or for any other reason
1891 should not take effect.
1892 (d) Modifications adopted by the chief information officer shall be resubmitted to the
1893 governor and the Public Utilities, Energy, and Technology Interim Committee for their review
1894 or approval as provided in Subsections (3)(a) and (b).
1895 (4) (a) The chief information officer shall, on or before January 1, 2014, and each year
1896 thereafter, modify the executive branch information technology strategic plan to incorporate
1897 security standards that:
1898 (i) are identified as industry best practices in accordance with Subsections
1899 63F-1-104(3) and (4); and
1900 (ii) can be implemented within the budget of the department or the executive branch
1901 agencies.
1902 (b) The chief information officer shall inform the speaker of the House of
1903 Representatives and the president of the Senate on or before January 1 of each year if best
1904 practices identified in Subsection (4)(a)(i) are not adopted due to budget issues considered
1905 under Subsection (4)(a)(ii).
1906 (5) Each executive branch agency shall implement the executive branch strategic plan
1907 by adopting an agency information technology plan in accordance with Section 63F-1-204.
1908 Section 49. Section 63F-1-303 is amended to read:
1909 63F-1-303. Executive branch agencies -- Subscription by institutions.
1910 (1) An executive branch agency in accordance with its agency information technology
1911 plan approved by the chief information officer shall:
1912 (a) subscribe to the information technology services provided by the department; or
1913 (b) contract with one or more alternate private providers of information technology
1914 services if the chief information officer determines that the purchase of the services from a
1915 private provider will:
1916 (i) result in:
1917 (A) cost savings;
1918 (B) increased efficiency; or
1919 (C) improved quality of services; and
1920 (ii) not impair the interoperability of the state's information technology services.
1921 (2) An institution of higher education may subscribe to the services provided by the
1922 department if:
1923 (a) the president of the institution recommends that the institution subscribe to the
1924 services of the department; and
1925 (b) the Board of Regents determines that subscription to the services of the department
1926 will result in cost savings or increased efficiency to the institution.
1927 (3) The following may subscribe to information technology services by requesting that
1928 the services be provided from the department:
1929 (a) the legislative branch;
1930 (b) the judicial branch;
1931 (c) the State Board of Education;
1932 (d) a political subdivision of the state;
1933 (e) an agency of the federal government;
1934 (f) an independent entity as defined in Section 63E-1-102; and
1935 (g) an elective constitutional officer of the executive department as defined in
1936 Subsection 63F-1-102[
1937 Section 50. Section 63F-4-201 is amended to read:
1938 63F-4-201. Submitting a technology proposal -- Review process.
1939 (1) Multiple executive branch agencies may jointly submit to the chief information
1940 officer a technology proposal, on a form or in a format specified by the department.
1941 (2) The chief information officer shall transmit to the review board each technology
1942 proposal the chief information officer determines meets the form or format requirements of the
1943 department.
1944 (3) The review board shall:
1945 (a) conduct a technical review of a technology proposal transmitted by the chief
1946 information officer;
1947 (b) determine whether the technology proposal merits further review and consideration
1948 [
1949 to:
1950 (i) be capable of being implemented effectively; and
1951 (ii) result in greater efficiency in a government process or a cost saving in the delivery
1952 of a government service, or both; and
1953 (c) transmit a technology proposal to the [
1954 governor's budget office, if the review board determines that the technology proposal merits
1955 further review and consideration [
1956 Section 51. Section 63F-4-202 is amended to read:
1957 63F-4-202. Chief information officer review and approval of technology
1958 proposals.
1959 (1) The [
1960 proposal that the review board transmits to the [
1961 (2) The [
1962 department provide funding from legislative appropriations for a technology proposal if, after
1963 the [
1964 (a) the [
1965 likelihood that the technology proposal:
1966 (i) is capable of being implemented effectively; and
1967 (ii) will result in greater efficiency in a government process or a cost saving in the
1968 delivery of a government service, or both; and
1969 (b) the [
1970 office for the technology proposal.
1971 (3) The [
1972 (a) prioritize multiple approved technology proposals based on their relative likelihood
1973 of achieving the goals described in Subsection (2); and
1974 (b) recommend funding based on the [
1975 under Subsection (3)(a).
1976 (4) The department shall:
1977 (a) track the implementation and success of a technology proposal approved by the
1978 [
1979 (b) evaluate the level of the technology proposal's implementation effectiveness and
1980 whether the implementation results in greater efficiency in a government process or a cost
1981 saving in the delivery of a government service, or both; and
1982 (c) report the results of the department's tracking and evaluation:
1983 (i) to the [
1984 information officer requests; and
1985 (ii) at least annually to the Public Utilities, Energy, and Technology Interim
1986 Committee.
1987 (5) The department may[
1988 appropriated by the Legislature to pay for expenses incurred by executive branch agencies in
1989 implementing a technology proposal that the [
1990 Section 52. Section 63H-7a-203 is amended to read:
1991 63H-7a-203. Board established -- Terms -- Vacancies.
1992 (1) There is created the Utah Communications Authority Board.
1993 (2) The board shall consist of nine board members as follows:
1994 (a) three individuals appointed by the governor with the advice and consent of the
1995 Senate;
1996 (b) one individual who is not a legislator appointed by the speaker of the House of
1997 Representatives;
1998 (c) one individual who is not a legislator appointed by the president of the Senate;
1999 (d) two individuals nominated by an association that represents cities and towns in the
2000 state and appointed by the governor with the advice and consent of the Senate; and
2001 (e) two individuals nominated by an association that represents counties in the state
2002 and appointed by the governor with the advice and consent of the Senate.
2003 (3) Subject to this section, an individual is eligible for appointment under Subsection
2004 (2) if the individual has knowledge of at least one of the following:
2005 (a) law enforcement;
2006 (b) public safety;
2007 (c) fire service;
2008 (d) telecommunications;
2009 (e) finance;
2010 (f) management; and
2011 (g) government.
2012 (4) An individual may not serve as a board member if the individual is a current public
2013 safety communications network:
2014 (a) user; or
2015 (b) vendor.
2016 (5) (a) (i) Five of the board members appointed under Subsection (2) shall serve an
2017 initial term of two years and four of the board members appointed under Subsection (2) shall
2018 serve an initial term of four years.
2019 (ii) Successor board members shall each serve a term of four years.
2020 (b) (i) The governor may remove a board member with cause.
2021 (ii) If the governor removes a board member the entity that appointed the board
2022 member under Subsection (2) shall appoint a replacement board member in the same manner as
2023 described in Subsection (2).
2024 (6) (a) The governor shall, after consultation with the board, appoint a board member
2025 as chair of the board with the advice and consent of the Senate.
2026 (b) The chair shall serve a two-year term.
2027 (7) The board shall meet on an as-needed basis and as provided in the bylaws.
2028 (8) (a) The board shall elect one of the board members to serve as vice chair.
2029 (b) (i) The board may elect a secretary and treasurer who are not members of the board.
2030 (ii) If the board elects a secretary or treasurer who is not a member of the board, the
2031 secretary or treasurer does not have voting power.
2032 (c) A separate individual shall hold the offices of chair, vice chair, secretary, and
2033 treasurer.
2034 (9) Each board member, including the chair, has one vote.
2035 (10) A vote of a majority of the board members is necessary to take action on behalf of
2036 the board.
2037 (11) A board member may not receive compensation for the member's service on the
2038 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
2039 Chapter 3, Utah Administrative Rulemaking Act, receive:
2040 (a) a per diem at the rate established under Section 63A-3-106; and
2041 (b) travel expenses at the rate established under Section 63A-3-107.
2042 Section 53. Section 63I-1-204 is enacted to read:
2043 63I-1-204. Repeal dates, Title 4.
2044 Subsection 4-41a-105(2)(e)(i), related to the Native American Legislative Liaison
2045 Committee, is repealed July 1, 2022.
2046 Section 54. Section 63I-1-209 is amended to read:
2047 63I-1-209. Repeal dates, Title 9.
2048 (1) In relation to the Native American Legislative Liaison Committee, on July 1, 2022:
2049 (a) Subsection 9-9-104.6(2)(a) is repealed;
2050 (b) Subsection 9-9-104.6(4)(a), the language that states "who is not a legislator" is
2051 repealed; and
2052 (c) Subsection 9-9-104.6(4)(b), related to compensation of legislative members, is
2053 repealed.
2054 (2) In relation to the American Indian and Alaska Native Education State Plan Pilot
2055 Program, on July 1, 2022:
2056 (a) Subsection 26-7-2.5(4), related to the American Indian-Alaskan Native Public
2057 Education Liaison, is repealed; and
2058 (b) Subsection 9-9-104.6(2)(d) is repealed.
2059 Section 55. Section 63I-1-211 is amended to read:
2060 63I-1-211. Repeal dates, Title 11.
2061 (1) Section 11-14-308 is repealed December 31, 2020.
2062 (2) Title 11, Chapter 59, Point of the Mountain State Land Authority Act, is repealed
2063 January 1, 2029.
2064 Section 56. Section 63I-1-219 is amended to read:
2065 63I-1-219. Repeal dates, Title 19.
2066 (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2019.
2067 (2) Section 19-2a-102 is repealed July 1, 2021.
2068 [
2069 [
2070 [
2071 2019.
2072 [
2073 July 1, 2020.
2074 [
2075 2028.
2076 [
2077 2026.
2078 [
2079 2019.
2080 [
2081 2020.
2082 [
2083 1, 2027.
2084 Section 57. Section 63I-1-223 is amended to read:
2085 63I-1-223. Repeal dates, Title 23.
2086 Subsection 23-13-12.5(2)(f)(i), related to the Native American Legislative Liaison
2087 Committee, is repealed July 1, 2022.
2088 Section 58. Section 63I-1-226 is amended to read:
2089 63I-1-226. Repeal dates, Title 26.
2090 (1) Section 26-1-40 is repealed July 1, 2019.
2091 (2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
2092 1, 2025.
2093 (3) Section 26-10-11 is repealed July 1, 2020.
2094 (4) Subsection 26-18-417(3) is repealed July 1, 2020.
2095 (5) Subsection 26-18-418(2), the language that states "and the Mental Health Crisis
2096 Line Commission created in Section 63C-18-202" is repealed July 1, 2023.
2097 [
2098 2024.
2099 [
2100 2024.
2101 [
2102 repealed July 1, 2024.
2103 [
2104 2019.
2105 (10) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund, is
2106 repealed January 1, 2023.
2107 [
2108 2019.
2109 (12) Subsection 26-61a-108(2)(e)(i), related to the Native American Legislative
2110 Liaison Committee, is repealed July 1, 2022.
2111 [
2112 repealed July 1, 2026.
2113 Section 59. Section 63I-1-232 is amended to read:
2114 63I-1-232. Repeal dates, Title 32A.
2115 In relation to the Utah Substance Use and Mental Health Advisory Council, on January
2116 1, 2023:
2117 (1) Subsection 32B-2-306(1)(a) is repealed;
2118 (2) Subsection 32B-2-306(4), the language that states "advisory council" is repealed
2119 and replaced with "department";
2120 (3) Subsections 32B-2-306(4)(b) and (e) are repealed;
2121 (4) Subsection 32B-2-306(5)(a), the language that states "in cooperation with the
2122 advisory council" is repealed;
2123 (5) Subsection 32B-2-306(5)(b) is amended to read:
2124 "(b) The department shall:
2125 (i) prepare a plan detailing the intended use of the money appropriated under this
2126 section; and
2127 (ii) conduct the media and education campaign in accordance with the guidelines
2128 created by the department under Subsection (4)(c).";
2129 (6) Subsection 32B-2-402(1)(b) is repealed;
2130 (7) Sections 32B-2-404 and 32B-2-405, the language that states "advisory council" is
2131 repealed and replaced with "department";
2132 (8) Subsection 32B-2-405(2), the language that states "by a majority vote" is repealed;
2133 and
2134 (9) Subsection 32B-2-405(4)(a)(i), the language that states "majority vote of" is
2135 repealed.
2136 Section 60. Section 63I-1-235 is amended to read:
2137 63I-1-235. Repeal dates, Title 35A.
2138 (1) Subsection 35A-1-109(4)(c), related to the Talent Ready Utah Board, is repealed
2139 January 1, 2023.
2140 [
2141 [
2142 repealed July 1, 2023.
2143 [
2144 (5) Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
2145 January 1, 2025.
2146 Section 61. Section 63I-1-236 is amended to read:
2147 63I-1-236. Repeal dates, Title 36.
2148 (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2023.
2149 [
2150 (3) Title 36, Chapter 22, Native American Legislative Liaison Committee, is repealed
2151 July 1, 2022.
2152 (4) Title 36, Chapter 28, Veterans and Military Affairs Commission, is repealed
2153 January 1, 2025.
2154 (5) Section 36-29-105 is repealed December 31, 2020.
2155 [
2156 Committee, is repealed January 1, 2021.
2157 Section 62. Section 63I-1-241 is amended to read:
2158 63I-1-241. Repeal dates, Title 41.
2159 Subsection 41-12a-806(5) is repealed on July 1, 2020.
2160 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
2161 Rehabilitation Fund, is repealed January 1, 2023.
2162 (2) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
2163 Rehabilitation Fund, is repealed January 1, 2023.
2164 (3) Subsection 41-12a-806(5) is repealed on July 1, 2020.
2165 (4) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
2166 Fund, is repealed January 1, 2023.
2167 Section 63. Section 63I-1-251 is amended to read:
2168 63I-1-251. Repeal dates, Title 51.
2169 (1) Subsection 51-2a-202(3) is repealed on June 30, 2020.
2170 (2) Subsections 51-10-201(5)(iv) and 51-10-204(1)(k)(i)(C), related to the Native
2171 American Legislative Liaison Committee, are repealed July 1, 2022.
2172 Section 64. Section 63I-1-253 is amended to read:
2173 63I-1-253. Repeal dates, Titles 53 through 53G.
2174 The following provisions are repealed on the following dates:
2175 (1) Subsection 53-10-202(18) is repealed July 1, 2018.
2176 (2) Section 53-10-202.1 is repealed July 1, 2018.
2177 (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
2178 (4) Section 53B-18-1501 is repealed July 1, 2021.
2179 (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
2180 (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
2181 (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
2182 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
2183 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
2184 (8) Section 53E-3-515 is repealed January 1, 2023.
2185 (9) In relation to a standards review committee, on January 1, 2023:
2186 (a) in Subsection 53E-4-202(8), the language that states "by a standards review
2187 committee and the recommendations of a standards review committee established under
2188 Section 53E-4-203" is repealed; and
2189 (b) Section 53E-4-203 is repealed.
2190 (10) (a) Sections 53E-10-503 and 53E-10-504 are repealed January 1, 2023.
2191 (b) Subsection 53E-10-501(1), related to the School Safety and Crisis Line
2192 Commission, is repealed January 1, 2023.
2193 [
2194 [
2195 [
2196 Education State Plan Pilot Program, is repealed July 1, 2022.
2197 [
2198 [
2199 (16) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
2200 Commission, are repealed January 1, 2025.
2201 [
2202 Section 65. Section 63I-1-262 is amended to read:
2203 63I-1-262. Repeal dates, Title 62A.
2204 [
2205 [
2206 [
2207 [
2208 [
2209 (5) Subsections 62A-15-116(1) and (4), the language that states "In consultation with
2210 the Crisis Line Commission, established in Section 53E-10-503," is repealed January 1, 2023.
2211 (6) Subsections 62A-15-1100(1) and 62A-15-1101(8), in relation to the Utah
2212 Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
2213 [
2214 (8) In relation to the Mental Health Crisis Line Commission, on July 1, 2023:
2215 (a) Subsections 62A-15-1301(1) and 62A-15-1401(1) are repealed;
2216 (b) Subsection 62A-15-1302(1)(b), the language that states "in consultation with the
2217 commission" is repealed;
2218 (c) Section 62A-15-1303, the language that states "In consultation with the
2219 commission," is repealed; and
2220 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
2221 from the commission," is repealed.
2222 Section 66. Section 63I-1-263 is amended to read:
2223 63I-1-263. Repeal dates, Titles 63A to 63N.
2224 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2225 (a) Section 63A-3-403 is repealed;
2226 (b) Subsection 63A-3-401(1) is repealed;
2227 (c) Subsection 63A-3-402(2)(c), the language that states "using criteria established by
2228 the board" is repealed;
2229 (d) Subsections 63A-3-404(1) and (2), the language that states "After consultation with
2230 the board, and" is repealed; and
2231 (e) Subsection 63A-3-404(1)(b), the language that states "using the standards provided
2232 in Subsection 63A-3-403(3)(c)" is repealed.
2233 [
2234 [
2235 2023.
2236 [
2237 July 1, 2028.
2238 [
2239
2240 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2241 2025.
2242 [
2243 1, 2020.
2244 [
2245 is repealed July 1, 2021.
2246 [
2247 July 1, 2023.
2248 [
2249 1, 2025.
2250 [
2251 July 1, 2020.
2252 (11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
2253 (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
2254 (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
2255 (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
2256 be a legislator, in accordance with Subsection (3)(e)," is repealed;
2257 (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
2258 "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
2259 Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
2260 year that the board member was appointed.";
2261 (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
2262 president of the Senate, the speaker of the House, the governor," is repealed and replaced with
2263 "the governor"; and
2264 (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
2265 repealed.
2266 [
2267 2026.
2268 [
2269 (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
2270 Development Coordinating Committee," is repealed;
2271 (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
2272 sites for the transplant of species to local government officials having jurisdiction over areas
2273 that may be affected by a transplant.";
2274 (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
2275 Coordinating Committee" is repealed;
2276 (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
2277 Coordinating Committee created in Section 63J-4-501 and" is repealed;
2278 (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
2279 Coordinating Committee and" is repealed;
2280 (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
2281 accordingly;
2282 (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
2283 (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
2284 word "and" is inserted immediately after the semicolon;
2285 (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
2286 (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
2287 and
2288 (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
2289 renumbered accordingly.
2290 [
2291 repealed July 1, 2026.
2292 [
2293
2294 [
2295 System Restricted Account, is repealed July 1, 2022.
2296 (b) When repealing Subsection 63J-1-602.1(51), the Office of Legislative Research and
2297 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
2298 necessary changes to subsection numbering and cross references.
2299 (16) Subsection 63J-1-602.2(23), related to the Utah Seismic Safety Commission, is
2300 repealed January 1, 2025.
2301 (17) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on January
2302 1, 2023, is amended to read:
2303 "(1) On or before October 1, the board shall provide an annual written report to the
2304 Social Services Appropriations Subcommittee and the Economic Development and Workforce
2305 Services Interim Committee.".
2306 (18) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2307 January 1, 2023:
2308 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2309 repealed;
2310 (b) Section 63M-7-305, the language that states "council" is replaced with
2311 "commission";
2312 (c) Subsection 63M-7-305(1) is repealed and replaced with:
2313 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2314 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2315 "(2) The commission shall:
2316 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2317 Drug-Related Offenses Reform Act; and
2318 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
2319 Subsections 77-18-1(5)(b)(iii) and (iv).".
2320 [
2321 63M-7-504, is repealed July 1, 2027.
2322 [
2323 [
2324 (21) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
2325 on January 1, 2023.
2326 [
2327 [
2328 is repealed January 1, 2021.
2329 (b) Subject to Subsection [
2330 tax credits for certain persons in recycling market development zones, are repealed for taxable
2331 years beginning on or after January 1, 2021.
2332 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
2333 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
2334 59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
2335 (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
2336 the expenditure is made on or after January 1, 2021.
2337 (d) Notwithstanding Subsections [
2338 tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
2339 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
2340 (ii) (A) for the purchase price of machinery or equipment described in Section
2341 59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
2342 2020; or
2343 (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
2344 expenditure is made on or before December 31, 2020.
2345 [
2346 [
2347 January 1, 2021.
2348 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2349 calendar years beginning on or after January 1, 2021.
2350 (c) Notwithstanding Subsection [
2351 in accordance with Section 59-9-107 if:
2352 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2353 31, 2020; and
2354 (ii) the qualified equity investment that is the basis of the tax credit is certified under
2355 Section 63N-2-603 on or before December 31, 2023.
2356 [
2357 2023.
2358 [
2359 repealed July 1, 2023.
2360 [
2361 Program, is repealed January 1, 2023.
2362 (29) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:
2363 (a) Subsection 63N-10-201(2)(a) is amended to read:
2364 "(2)(a) The governor shall appoint five commission members with the advice and
2365 consent of the Senate.";
2366 (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
2367 (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
2368 respectively," is repealed; and
2369 (d) Subsection 63N-10-201(3)(d) is amended to read:
2370 "(d) The governor may remove a commission member for any reason and replace the
2371 commission member in accordance with this section.".
2372 (30) In relation to the Talent Ready Utah Board, on January 1, 2023:
2373 (a) Subsection 63N-12-202(17) is repealed;
2374 (b) in Subsection 63N-12-214(2), the language that states "Talent Ready Utah," is
2375 repealed; and
2376 (c) in Subsection 63N-12-214(5), the language that states "representatives of Talent
2377 Ready Utah," is repealed.
2378 [
2379 repealed July 1, 2018.
2380 (32) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2381 2023.
2382 Section 67. Section 63I-1-267 is amended to read:
2383 63I-1-267. Repeal dates, Title 67.
2384 [
2385 [
2386
2387 Section 68. Section 63I-1-272 is amended to read:
2388 63I-1-272. Repeal dates, Title 72.
2389 Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January 2,
2390 2025.
2391 Section 69. Section 63I-1-273 is amended to read:
2392 63I-1-273. Repeal dates, Title 73.
2393 (1) The instream flow water right for trout habitat established in Subsection 73-3-30(3)
2394 is repealed December 31, 2019.
2395 (2) In relation to the Legislative Water Development Commission, on January 1, 2021:
2396 (a) in Subsection 73-10g-105(3), the language that states "and in consultation with the
2397 State Water Development Commission created in Section 73-27-102" is repealed;
2398 (b) Subsection 73-10g-203(4)(a) is repealed; and
2399 (c) Title 73, Chapter 27, State Water Development Commission, is repealed.
2400 Section 70. Section 63I-2-219 is amended to read:
2401 63I-2-219. Repeal dates -- Title 19.
2402 (1) (a) Subsection 19-1-108(3)(a) is repealed on June 30, 2019.
2403 (b) When repealing Subsection 19-1-108(3)(a), the Office of Legislative Research and
2404 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2405 necessary changes to subsection numbering and cross references.
2406 (2) Subsections 19-2-109.2(2) through (10), related to the Compliance Advisory Panel,
2407 are repealed July 1, 2021.
2408 [
2409 Section 71. Section 63I-2-263 is amended to read:
2410 63I-2-263. Repeal dates, Title 63A to Title 63N.
2411 (1) On July 1, 2020:
2412 (a) Subsection 63A-3-403(5)(a)(i) is repealed; and
2413 (b) in Subsection 63A-3-403(5)(a)(ii), the language that states "appointed on or after
2414 May 8, 2018," is repealed.
2415 (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
2416 [
2417 repealed July 1, 2020.
2418 (4) In relation to the State Fair Park Committee, on January 1, 2021:
2419 (a) Section 63H-6-104.5 is repealed; and
2420 (b) Subsections 63H-6-104(8) and (9) are repealed.
2421 [
2422 [
2423 (a) in Subsection 63J-1-206(2)(c)(i), the language that states " Subsection(2)(c)(ii) and"
2424 is repealed; and
2425 (b) Subsection 63J-1-206(2)(c)(ii) is repealed.
2426 (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
2427 (a) Subsection 63J-1-602.1(52) is repealed;
2428 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
2429 and
2430 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
2431 [
2432 [
2433 [
2434 Section 72. Section 63I-2-272 is amended to read:
2435 63I-2-272. Repeal dates -- Title 72.
2436 (1) Subsections 72-1-213(2) and (3)(a)(i), related to the Road Usage Charge Advisory
2437 Committee, are repealed January 1, 2022.
2438 [
2439 (a) in Subsection 72-2-108(2), the language that states "and except as provided in
2440 Subsection (10)" is repealed;
2441 (b) in Subsection 72-2-108(4)(c)(ii)(A), the language that states ", excluding any
2442 amounts appropriated as additional support for class B and class C roads under Subsection
2443 (10)," is repealed; and
2444 (c) Subsection 72-2-108(10) is repealed.
2445 [
2446 [
2447 Section 73. Section 63J-1-602.2 is amended to read:
2448 63J-1-602.2. List of nonlapsing appropriations to programs.
2449 Appropriations made to the following programs are nonlapsing:
2450 (1) The Legislature and its committees.
2451 (2) The Percent-for-Art Program created in Section 9-6-404.
2452 (3) The LeRay McAllister Critical Land Conservation Program created in Section
2453 11-38-301.
2454 [
2455
2456 [
2457 under the Pelican Management Act, as provided in Section 23-21a-6.
2458 [
2459 [
2460 Subsection 26-18-3(7).
2461 [
2462 Section 26-46-102.
2463 [
2464 [
2465 [
2466 accordance with Subsection 32B-2-301(7)(a)(ii) or (b).
2467 [
2468 Workforce Services, as provided in Section 35A-3-401.
2469 [
2470 36-24-101.
2471 [
2472 [
2473 (a) purchase and distribution of license plates and decals; and
2474 (b) administration and enforcement of motor vehicle registration requirements.
2475 [
2476 Section 53-2a-1102.
2477 [
2478 [
2479 in Section 53B-6-104.
2480 [
2481 Council, as provided in Section 53B-24-202.
2482 [
2483 [
2484 Section 62A-5-102.
2485 [
2486 storage tanks under Section 63A-9-401.
2487 [
2488 [
2489 innovation as provided under Section 63F-4-202.
2490 [
2491 63G-3-402.
2492 [
2493 63M-2-301.
2494 [
2495 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2496 [
2497 Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
2498 Employment Expansion Program.
2499 [
2500 provided in Section 67-19-6.
2501 [
2502 Section 69-2-5.5.
2503 [
2504 fund, as provided in Section 69-2-301.
2505 [
2506 [
2507 in Section 77-10a-19.
2508 [
2509 78A-6-210.
2510 [
2511 [
2512 [
2513 and 78B-6-144.5.
2514 [
2515 Defense Commission.
2516 Section 74. Section 63J-4-606 is amended to read:
2517 63J-4-606. Public lands transfer study and economic analysis -- Report.
2518 (1) As used in this section:
2519 (a) "Public lands" [
2520 (b) "Transfer of public lands" means the transfer of public lands from federal
2521 ownership to state ownership.
2522 [
2523 [
2524
2525 [
2526
2527
2528 [
2529
2530 [
2531 [
2532 [
2533 [
2534 [
2535 [
2536 [
2537 [
2538
2539 [
2540
2541 [
2542 [
2543
2544 [
2545
2546 [
2547
2548
2549 [
2550 [
2551
2552 [
2553
2554 [
2555 [
2556
2557 [
2558
2559 [
2560 [
2561
2562 [
2563 [
2564
2565 [
2566 [
2567 [
2568 [
2569 [
2570
2571 [
2572 [
2573
2574 [
2575
2576 [
2577
2578 [
2579 [
2580 [
2581
2582
2583 [
2584 (2) The coordinator and the office shall, on an ongoing basis, report to the Federalism
2585 Commission regarding the ramifications and economic impacts of the transfer of public lands.
2586 (3) The coordinator and office shall:
2587 (a) on an ongoing basis, discuss issues related to the transfer of public lands with:
2588 (i) the School and Institutional Trust Lands Administration;
2589 (ii) local governments;
2590 (iii) water managers;
2591 (iv) environmental advocates;
2592 (v) outdoor recreation advocates;
2593 (vi) nonconventional and renewable energy producers;
2594 (vii) tourism representatives;
2595 (viii) wilderness advocates;
2596 (ix) ranchers and agriculture advocates;
2597 (x) oil, gas, and mining producers;
2598 (xi) fishing, hunting, and other wildlife interests;
2599 (xii) timber producers;
2600 (xiii) other interested parties; and
2601 [
2602 (xiv) the Federalism Commission; and
2603 (b) develop ways to obtain input from Utah citizens regarding the transfer of public
2604 lands and the future care and use of public lands.
2605 [
2606
2607 [
2608
2609
2610
2611 Section 75. Section 63J-4-607 is amended to read:
2612 63J-4-607. Resource management plan administration.
2613 (1) The office shall consult with the [
2614 Federalism Commission before expending funds appropriated by the Legislature for the
2615 implementation of this section.
2616 (2) To the extent that the Legislature appropriates sufficient funding, the office may
2617 procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
2618 Procurement Code, to assist the office with the office's responsibilities described in Subsection
2619 (3).
2620 (3) The office shall:
2621 (a) assist each county with the creation of the county's resource management plan by:
2622 (i) consulting with the county on policy and legal issues related to the county's resource
2623 management plan; and
2624 (ii) helping the county ensure that the county's resource management plan meets the
2625 requirements of Subsection 17-27a-401(3);
2626 (b) promote quality standards among all counties' resource management plans; and
2627 (c) upon submission by a county, review and verify the county's:
2628 (i) estimated cost for creating a resource management plan; and
2629 (ii) actual cost for creating a resource management plan.
2630 (4) (a) A county shall cooperate with the office, or an entity procured by the office
2631 under Subsection (2), with regards to the office's responsibilities under Subsection (3).
2632 (b) To the extent that the Legislature appropriates sufficient funding, the office may, in
2633 accordance with Subsection (4)(c), provide funding to a county before the county completes a
2634 resource management plan.
2635 (c) The office may provide pre-completion funding described in Subsection (4)(b):
2636 (i) after:
2637 (A) the county submits an estimated cost for completing the resource management plan
2638 to the office; and
2639 (B) the office reviews and verifies the estimated cost in accordance with Subsection
2640 (3)(c)(i); and
2641 (ii) in an amount up to:
2642 (A) 50% of the estimated cost of completing the resource management plan, verified
2643 by the office; or
2644 (B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
2645 (d) To the extent that the Legislature appropriates sufficient funding, the office shall
2646 provide funding to a county in the amount described in Subsection (4)(e) after:
2647 (i) a county's resource management plan:
2648 (A) meets the requirements described in Subsection 17-27a-401(3); and
2649 (B) is adopted under Subsection 17-27a-404(6)(d);
2650 (ii) the county submits the actual cost of completing the resource management plan to
2651 the office; and
2652 (iii) the office reviews and verifies the actual cost in accordance with Subsection
2653 (3)(c)(ii).
2654 (e) The office shall provide funding to a county under Subsection (4)(d) in an amount
2655 equal to the difference between:
2656 (i) the lesser of:
2657 (A) the actual cost of completing the resource management plan, verified by the office;
2658 or
2659 (B) $50,000; and
2660 (ii) the amount of any pre-completion funding that the county received under
2661 Subsections (4)(b) and (c).
2662 (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
2663 established in Subsection 17-27a-404(6)(d) for a county to adopt a resource management plan,
2664 the office shall:
2665 (a) obtain a copy of each county's resource management plan;
2666 (b) create a statewide resource management plan that:
2667 (i) meets the same requirements described in Subsection 17-27a-401(3); and
2668 (ii) to the extent reasonably possible, coordinates and is consistent with any resource
2669 management plan or land use plan established under Chapter 8, State of Utah Resource
2670 Management Plan for Federal Lands; and
2671 (c) submit a copy of the statewide resource management plan to the [
2672
2673 (6) Following review of the statewide resource management plan, the [
2674
2675 approving the statewide resource management plan for consideration during the 2018 General
2676 Session.
2677 (7) To the extent that the Legislature appropriates sufficient funding, the office shall
2678 provide legal support to a county that becomes involved in litigation with the federal
2679 government over the requirements of Subsection 17-27a-405(3).
2680 (8) After the statewide resource management plan is approved, as described in
2681 Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
2682 shall monitor the implementation of the statewide resource management plan at the federal,
2683 state, and local levels.
2684 Section 76. Section 63J-4-702 is amended to read:
2685 63J-4-702. Employability to Careers Program Board.
2686 (1) There is created within the office the Employability to Careers Program Board
2687 composed of the following members:
2688 (a) the executive director of the Department of Workforce Services or the executive
2689 director's designee;
2690 (b) the executive director of the Department of Human Services or the executive
2691 director's designee; and
2692 (c) three members appointed by the governor with the consent of the Senate as follows:
2693 (i) one member from the private or nonprofit sector with expertise in finance;
2694 (ii) one member who is not a legislator from the private or nonprofit sector chosen
2695 from among two individuals recommended by the president of the Senate; and
2696 (iii) one member who is not a legislator from the private or nonprofit sector chosen
2697 from among two individuals recommended by the speaker of the House of Representatives.
2698 (2) (a) An appointed member of the board shall serve for a term of three years, but may
2699 be reappointed for one additional term.
2700 (b) If a vacancy occurs in the board for any reason, the governor with the consent of the
2701 Senate shall appoint a replacement to serve the remainder of the board member's term.
2702 (3) The board shall elect a chair from among the board's membership.
2703 (4) The board shall meet at least quarterly upon the call of the chair.
2704 (5) Four members of the board constitute a quorum.
2705 (6) Action by a majority present constitutes the action of the board.
2706 (7) A board member may not receive compensation or benefits for the member's
2707 service, but a member may receive per diem and travel expenses in accordance with:
2708 (a) Section 63A-3-106;
2709 (b) Section 63A-3-107; and
2710 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2711 63A-3-107.
2712 (8) The office shall provide staff support to the board.
2713 Section 77. Section 63L-10-102 is amended to read:
2714 63L-10-102. Definitions.
2715 As used in this chapter:
2716 (1) "Commission" means the [
2717 Federalism Commission.
2718 (2) "Office" means the Public Lands Policy Coordinating Office established in Section
2719 63J-4-602.
2720 (3) "Plan" means the statewide resource management plan, created pursuant to Section
2721 63J-4-607 and adopted in Section 63L-10-103.
2722 (4) "Public lands" means:
2723 (a) land other than a national park that is managed by the United States Parks Service;
2724 (b) land that is managed by the United States Forest Service; and
2725 (c) land that is managed by the Bureau of Land Management.
2726 Section 78. Section 63L-10-103 is amended to read:
2727 63L-10-103. Statewide resource management plan adopted.
2728 (1) The statewide resource management plan, dated January 2, 2018, and on file with
2729 the office, is hereby adopted.
2730 (2) The office shall, to the extent possible and as funding allows, monitor federal, state,
2731 and local government compliance with the plan.
2732 (3) If the office modifies the plan, the office shall notify the commission of the
2733 modification and the office's reasoning for the modification within 30 days of the day on which
2734 the modification is made.
2735 (4) (a) The commission may request additional information of the office regarding any
2736 modifications to the plan, as described in Subsection (3).
2737 (b) The office shall promptly respond to any request for additional information, as
2738 described in Subsection (4)(a).
2739 (c) The commission may make a recommendation that the Legislature approve a
2740 modification or disapprove a modification, or the commission may decline to take action.
2741 (5) The office shall annually:
2742 (a) prepare a report detailing what changes, if any, are recommended for the plan and
2743 deliver the report to the commission [
2744 (b) report on the implementation of the plan at the federal, state, and local levels to the
2745 commission [
2746 (6) If the commission makes a recommendation that the Legislature approve a
2747 modification, the commission shall prepare a bill in anticipation of the annual general session
2748 of the Legislature to implement the change.
2749 Section 79. Section 63L-10-104 is amended to read:
2750 63L-10-104. Policy statement.
2751 (1) Except as provided in Subsection (2), state agencies and political subdivisions shall
2752 refer to and substantially conform with the statewide resource management plan when making
2753 plans for public lands or other public resources in the state.
2754 (2) (a) The office shall, as funding allows, maintain a record of all state agency and
2755 political subdivision resource management plans and relevant documentation.
2756 (b) On an ongoing basis, state agencies and political subdivisions shall keep the office
2757 informed of any substantive modifications to their resource management plans.
2758 (c) On or before [
2759 the commission that includes the following:
2760 (i) any modifications to the state agency or political subdivision resource management
2761 plans that are inconsistent with the statewide resource management plan;
2762 (ii) a recommendation as to how an inconsistency identified under Subsection (2)(c)(i),
2763 if any, should be addressed; and
2764 (iii) a recommendation:
2765 (A) as to whether the statewide resource management plan should be modified to
2766 address any inconsistency identified under Subsection (2)(c)(i); or
2767 (B) on any other modification to the statewide resource management plan the office
2768 determines is necessary.
2769 (3) (a) Subject to Subsection (3)(b), nothing in this section preempts the authority
2770 granted to a political subdivision under:
2771 (i) Title 10, Chapter 8, Powers and Duties of Municipalities, or Title 10, Chapter 9a,
2772 Municipal Land Use, Development, and Management Act; or
2773 (ii) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
2774 (b) Federal regulations state that, when state and local government policies, plans, and
2775 programs conflict, those of higher authority will normally be followed.
2776 Section 80. Section 63M-2-301 is amended to read:
2777 63M-2-301. The Utah Science Technology and Research Initiative -- Governing
2778 authority -- Executive director.
2779 (1) There is created the Utah Science Technology and Research Initiative.
2780 (2) To oversee USTAR, there is created the Utah Science Technology and Research
2781 Governing Authority consisting of:
2782 (a) the state treasurer or the state treasurer's designee;
2783 (b) the executive director of the Governor's Office of Economic Development;
2784 (c) three members appointed by the governor, with the consent of the Senate;
2785 (d) two members who are not legislators appointed by the president of the Senate;
2786 (e) two members who are not legislators appointed by the speaker of the House of
2787 Representatives; and
2788 (f) one member appointed by the commissioner of higher education.
2789 (3) (a) The eight appointed members under Subsections (2)(c) through (f) shall serve
2790 four-year staggered terms.
2791 (b) An appointed member under Subsection (2)(c), (d), (e), or (f):
2792 (i) may not serve more than two full consecutive terms; and
2793 (ii) may be removed from the governing authority for any reason before the member's
2794 term is completed:
2795 (A) at the discretion of the original appointing authority; and
2796 (B) after the original appointing authority consults with the governing authority.
2797 (4) A vacancy on the governing authority in an appointed position under Subsection
2798 (2)(c), (d), (e), or (f) shall be filled for the unexpired term by the appointing authority in the
2799 same manner as the original appointment.
2800 (5) (a) Except as provided in Subsection (5)(b), the governor, with the consent of the
2801 Senate, shall select the chair of the governing authority to serve a one-year term.
2802 (b) The governor may extend the term of a sitting chair of the governing authority
2803 without the consent of the Senate.
2804 (c) The executive director of the Governor's Office of Economic Development shall
2805 serve as the vice chair of the governing authority.
2806 (6) The governing authority shall meet at least six times each year and may meet more
2807 frequently at the request of a majority of the members of the governing authority.
2808 (7) Five members of the governing authority are a quorum.
2809 (8) A member of the governing authority may not receive compensation or benefits for
2810 the member's service, but may receive per diem and travel expenses as allowed in:
2811 (a) Section 63A-3-106;
2812 (b) Section 63A-3-107; and
2813 (c) rules made by the Division of Finance:
2814 (i) pursuant to Sections 63A-3-106 and 63A-3-107; and
2815 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2816 (9) (a) After consultation with the governing authority, the governor, with the consent
2817 of the Senate, shall appoint a full-time executive director to provide staff support for the
2818 governing authority.
2819 (b) The executive director is an at-will employee who may be terminated with or
2820 without cause by:
2821 (i) the governor; or
2822 (ii) majority vote of the governing authority.
2823 Section 81. Section 63M-7-301 is amended to read:
2824 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
2825 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
2826 Advisory Council created in this section.
2827 (b) There is created within the governor's office the Utah Substance Use and Mental
2828 Health Advisory Council.
2829 (2) The council shall be comprised of the following voting members:
2830 (a) the attorney general or the attorney general's designee;
2831 (b) an elected county official appointed by the Utah Association of Counties;
2832 (c) the commissioner of public safety or the commissioner's designee;
2833 (d) the director of the Division of Substance Abuse and Mental Health or the director's
2834 designee;
2835 (e) the state superintendent of public instruction or the superintendent's designee;
2836 (f) the executive director of the Department of Health or the executive director's
2837 designee;
2838 (g) the executive director of the Commission on Criminal and Juvenile Justice or the
2839 executive director's designee;
2840 (h) the executive director of the Department of Corrections or the executive director's
2841 designee;
2842 (i) the director of the Division of Juvenile Justice Services or the director's designee;
2843 (j) the director of the Division of Child and Family Services or the director's designee;
2844 (k) the chair of the Board of Pardons and Parole or the chair's designee;
2845 (l) the director of the Office of Multicultural Affairs or the director's designee;
2846 (m) the director of the Division of Indian Affairs or the director's designee;
2847 (n) the state court administrator or the state court administrator's designee;
2848 (o) a district court judge who presides over a drug court and who is appointed by the
2849 chief justice of the Utah Supreme Court;
2850 (p) a district court judge who presides over a mental health court and who is appointed
2851 by the chief justice of the Utah Supreme Court;
2852 (q) a juvenile court judge who presides over a drug court and who is appointed by the
2853 chief justice of the Utah Supreme Court;
2854 (r) a prosecutor appointed by the Statewide Association of Prosecutors;
2855 (s) the chair or co-chair of each committee established by the council;
2856 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
2857 Subsection 62A-15-11(2)(b);
2858 [
2859 [
2860
2861 [
2862 [
2863 four-year term;
2864 (v) the following members appointed by the governor to serve four-year terms:
2865 (i) one resident of the state who has been personally affected by a substance use or
2866 mental health disorder; and
2867 (ii) one citizen representative; and
2868 (w) in addition to the voting members described in Subsections (2)(a) through (v), the
2869 following voting members appointed by a majority of the members described in Subsections
2870 (2)(a) through (v) to serve four-year terms:
2871 (i) one resident of the state who represents a statewide advocacy organization for
2872 recovery from substance use disorders;
2873 (ii) one resident of the state who represents a statewide advocacy organization for
2874 recovery from mental illness;
2875 (iii) one resident of the state who represents prevention professionals;
2876 (iv) one resident of the state who represents treatment professionals;
2877 (v) one resident of the state who represents the physical health care field;
2878 (vi) one resident of the state who is a criminal defense attorney;
2879 (vii) one resident of the state who is a military servicemember or military veteran under
2880 Section 53B-8-102;
2881 (viii) one resident of the state who represents local law enforcement agencies; and
2882 (ix) one representative of private service providers that serve youth with substance use
2883 disorders or mental health disorders.
2884 (3) An individual other than an individual described in Subsection (2) may not be
2885 appointed as a voting member of the council.
2886 Section 82. Section 63M-7-302 is amended to read:
2887 63M-7-302. Chair -- Vacancies -- Quorum -- Expenses.
2888 (1) The Utah Substance Use and Mental Health Advisory Council shall annually select
2889 one of its members to serve as chair and one of its members to serve as vice chair.
2890 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
2891 appointed for the unexpired term in the same manner as the position was originally filled.
2892 (3) A majority of the members of the council constitutes a quorum.
2893 (4) [
2894 for the member's service, but may receive per diem and travel expenses as allowed in:
2895 [
2896 [
2897 [
2898 63A-3-107.
2899 [
2900
2901 (5) The council may establish committees as needed to assist in accomplishing its
2902 duties under Section 63M-7-303.
2903 Section 83. Section 63M-7-601 is amended to read:
2904 63M-7-601. Creation -- Members -- Chair.
2905 (1) There is created within the governor's office the Utah Council on Victims of Crime.
2906 (2) The Utah Council on Victims of Crime shall be composed of 25 voting members as
2907 follows:
2908 (a) a representative of the Commission on Criminal and Juvenile Justice appointed by
2909 the executive director;
2910 (b) a representative of the Department of Corrections appointed by the executive
2911 director;
2912 (c) a representative of the Board of Pardons and Parole appointed by the chair;
2913 (d) a representative of the Department of Public Safety appointed by the commissioner;
2914 (e) a representative of the Division of Juvenile Justice Services appointed by the
2915 director;
2916 (f) a representative of the Utah Office for Victims of Crime appointed by the director;
2917 (g) a representative of the Office of the Attorney General appointed by the attorney
2918 general;
2919 (h) a representative of the United States Attorney for the district of Utah appointed by
2920 the United States Attorney;
2921 (i) a representative of Utah's Native American community appointed by the director of
2922 the Division of Indian Affairs after input from federally recognized tribes in Utah;
2923 (j) a professional or volunteer working in the area of violence against women and
2924 families appointed by the governor;
2925 (k) the chair of each judicial district's victims' rights committee;
2926 (l) the following members appointed to serve four-year terms:
2927 (i) a representative of the Statewide Association of Public Attorneys appointed by that
2928 association;
2929 (ii) a representative of the Utah Chiefs of Police Association appointed by the president
2930 of that association;
2931 (iii) a representative of the Utah Sheriffs' Association appointed by the president of that
2932 association;
2933 (iv) a representative of a Children's Justice Center appointed by the [
2934
2935 (v) a citizen representative appointed by the governor; and
2936 (m) the following members appointed by the members in Subsections (2)(a) through
2937 (2)(k) to serve four-year terms:
2938 (i) an individual who works professionally with victims of crime; and
2939 (ii) a victim of crime.
2940 (3) The council shall annually elect one member to serve as chair.
2941 Section 84. Section 63M-11-201 is amended to read:
2942 63M-11-201. Composition -- Appointments -- Terms -- Removal.
2943 (1) The commission shall be composed of [
2944 [
2945 [
2946 [
2947 [
2948 [
2949 [
2950 [
2951 following:
2952 (i) the Utah Association of Area Agencies on Aging;
2953 (ii) higher education in Utah;
2954 (iii) the business community;
2955 (iv) the Utah Association of Counties;
2956 (v) the Utah League of Cities and Towns;
2957 (vi) charitable organizations;
2958 (vii) the health care provider industry;
2959 (viii) financial institutions;
2960 (ix) the legal profession;
2961 (x) the public safety sector;
2962 (xi) public transportation;
2963 (xii) ethnic minorities;
2964 (xiii) the industry that provides long-term care for the elderly;
2965 (xiv) organizations or associations that advocate for the aging population;
2966 (xv) the Alzheimer's Association; and
2967 (xvi) the general public.
2968 (2) (a) A member appointed under Subsection (1)[
2969 (b) Notwithstanding the term requirements of Subsection (2)(a), the governor may
2970 adjust the length of the initial commission members' terms to ensure that the terms are
2971 staggered so that approximately 1/2 of the members appointed under Subsection (1)(g) are
2972 appointed each year.
2973 (c) When, for any reason, a vacancy occurs in a position appointed by the governor
2974 under Subsection (1)[
2975 unexpired term of the commission member being replaced.
2976 (d) Members appointed under Subsection (1)[
2977 for cause.
2978 (e) A member appointed under Subsection (1)[
2979 commission and replaced by the governor if the member is absent for three consecutive
2980 meetings of the commission without being excused by the chair of the commission.
2981 (3) In appointing the members under Subsection (1)[
2982 (a) take into account the geographical makeup of the commission; and
2983 (b) strive to appoint members who are knowledgeable or have an interest in issues
2984 relating to the aging population.
2985 Section 85. Section 63M-11-206 is amended to read:
2986 63M-11-206. Members serve without pay -- Reimbursement for expenses.
2987 [
2988 the member's service, but may receive per diem and travel expenses as allowed in:
2989 [
2990 [
2991 [
2992 63A-3-107.
2993 [
2994
2995
2996 Section 86. Section 63N-1-201 is amended to read:
2997 63N-1-201. Creation of office -- Responsibilities.
2998 (1) There is created the Governor's Office of Economic Development.
2999 (2) The office is:
3000 (a) responsible for economic development and economic development planning in the
3001 state; and
3002 (b) the industrial promotion authority of the state.
3003 (3) The office shall:
3004 (a) administer and coordinate state and federal economic development grant programs;
3005 (b) promote and encourage the economic, commercial, financial, industrial,
3006 agricultural, and civic welfare of the state;
3007 (c) promote and encourage the employment of workers in the state and the purchase of
3008 goods and services produced in the state by local businesses;
3009 (d) act to create, develop, attract, and retain business, industry, and commerce in the
3010 state;
3011 (e) act to enhance the state's economy;
3012 (f) administer programs over which the office is given administrative supervision by
3013 the governor;
3014 (g) submit an annual written report as described in Section 63N-1-301; and
3015 [
3016 [
3017 (4) In order to perform its duties under this title, the office may:
3018 (a) enter into a contract or agreement with, or make a grant to, a public or private
3019 entity, including a municipality, if the contract or agreement is not in violation of state statute
3020 or other applicable law;
3021 (b) except as provided in Subsection (4)(c), receive and expend funds from a public or
3022 private source for any lawful purpose that is in the state's best interest; and
3023 (c) solicit and accept a contribution of money, services, or facilities from a public or
3024 private donor, but may not use the contribution for publicizing the exclusive interest of the
3025 donor.
3026 (5) Money received under Subsection (4)(c) shall be deposited in the General Fund as
3027 dedicated credits of the office.
3028 (6) (a) The office shall obtain the advice of the board before implementing a change to
3029 a policy, priority, or objective under which the office operates.
3030 (b) Subsection (6)(a) does not apply to the routine administration by the office of
3031 money or services related to the assistance, retention, or recruitment of business, industry, or
3032 commerce in the state.
3033 Section 87. Section 67-1-2.5 is amended to read:
3034 67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
3035 (1) As used in this section[
3036 (a) "Administrator" means the boards and commissions administrator designated under
3037 Subsection (2).
3038 (b) "Executive board" means any executive branch board, commission, council,
3039 committee, working group, task force, study group, advisory group, or other body with a
3040 defined limited membership that is created to operate for more than six months by the
3041 constitution, by statute, by executive order, by the governor, lieutenant governor, attorney
3042 general, state auditor, or state treasurer or by the head of a department, division, or other
3043 administrative subunit of the executive branch of state government.
3044 (2) (a) Before July 1 of the calendar year following the year in which the Legislature
3045 creates a new executive board, the governor shall:
3046 (i) review the executive board to evaluate:
3047 (A) whether the executive board accomplishes a substantial governmental interest; and
3048 (B) whether it is necessary for the executive board to remain in statute;
3049 (ii) in the governor's review under Subsection (2)(a)(i), consider:
3050 (A) the funding required for the executive board;
3051 (B) the staffing resources required for the executive board;
3052 (C) the time members of the executive board are required to commit to serve on the
3053 executive board; and
3054 (D) whether the responsibilities of the executive board could reasonably be
3055 accomplished through an existing entity or without statutory direction; and
3056 (iii) submit a report to the Government Operations Interim Committee recommending
3057 that the Legislature:
3058 (A) repeal the executive board;
3059 (B) add a sunset provision or future repeal date to the executive board;
3060 (C) make other changes to make the executive board more efficient; or
3061 (D) make no changes to the executive board.
3062 (b) In conducting the evaluation and making the report described in Subsection (2)(a),
3063 the governor shall give deference to:
3064 (i) reducing the size of government; and
3065 (ii) making governmental programs more efficient and effective.
3066 (c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the
3067 Government Operations Interim Committee shall vote on whether to address the
3068 recommendations made by the governor in the report and prepare legislation accordingly.
3069 [
3070 administrator from the governor's staff to maintain a computerized [
3071 containing information about all executive boards.
3072 [
3073 that the [
3074 [
3075 [
3076 [
3077 [
3078 jurisdiction the executive board operates or with which the executive board is affiliated, if any;
3079 [
3080 individual currently serving on the executive board, along with a notation of all vacant or
3081 unfilled positions;
3082 [
3083 executive board;
3084 [
3085 appointed and the month and year that each executive board member's term expires;
3086 [
3087 the Senate;
3088 [
3089 geographic area that [
3090 any;
3091 [
3092 if the statute or executive order creating the position requires representation from political
3093 parties;
3094 [
3095 [
3096 and
3097 [
3098 executive board are authorized to receive.
3099 [
3100 (4) The administrator shall place the following on the governor's website:
3101 (a) [
3102
3103 [
3104
3105 (b) each report the administrator receives under Subsection (5); and
3106 (c) the summary report described in Subsection (6).
3107 (5) (a) Before September 1 of each year, each executive board shall prepare and submit
3108 to the administrator an annual report that includes:
3109 (i) the name of the executive board;
3110 (ii) a description of the executive board's official function and purpose;
3111 (iii) a description of the actual work performed by the executive board since the last
3112 report the executive board submitted to the administrator under this Subsection (5);
3113 (iv) a description of actions taken by the executive board since the last report the
3114 executive board submitted to the administrator under this Subsection (5);
3115 (v) recommendations on whether any statutory, rule, or other changes are needed to
3116 make the executive board more effective; and
3117 (vi) an indication of whether the executive board should continue to exist.
3118 (b) The administrator shall compile and post the reports described in Subsection (5)(a)
3119 to the governor's website before October 1 of each year.
3120 (c) An executive board is not required to submit a report under this Subsection (5) if
3121 the executive board:
3122 (i) is also a legislative board under Section 36-12-22; and
3123 (ii) submits a report under Section 36-12-22.
3124 [
3125 prepare, publish, and distribute an annual report by [
3126 includes[
3127 (i) as of September 1 of that year:
3128 [
3129 [
3130 and division of state government under whose jurisdiction the executive board operates or with
3131 which the executive board is affiliated, if any;
3132 [
3133 executive boards under the jurisdiction of or affiliated with that officer, department, and
3134 division;
3135 [
3136 [
3137 are approved by the Senate;
3138 [
3139 total number of policy boards and the total number of advisory boards; and
3140 [
3141 boards[
3142 (ii) a summary of the reports submitted to the administrator under Subsection (5),
3143 including:
3144 (A) a list of each executive board that submitted a report under Subsection (5);
3145 (B) a list of each executive board that did not submit a report under Subsection (5);
3146 (C) an indication of any recommendations made under Subsection (5)(a)(v); and
3147 (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the
3148 executive board should no longer exist.
3149 (b) The [
3150 copies of the report described in Subsection (6)(a) to:
3151 (i) the governor;
3152 (ii) the president of the Senate;
3153 (iii) the speaker of the House;
3154 (iv) the Office of Legislative Research and General Counsel; [
3155 (v) the Government Operations Interim Committee; and
3156 [
3157 (c) Each year, the Government Operations Interim Committee shall prepare legislation
3158 making any changes the committee determines are suitable with respect to the report the
3159 committee receives under Subsection (6)(b), including:
3160 (i) repealing an executive board that is no longer functional or necessary; and
3161 (ii) making appropriate changes to make an executive board more effective.
3162 Section 88. Section 67-5b-102 is amended to read:
3163 67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of
3164 center.
3165 (1) (a) There is established the Children's Justice Center Program to provide a
3166 comprehensive, multidisciplinary, intergovernmental response to child abuse victims in a
3167 facility known as a Children's Justice Center.
3168 (b) The attorney general shall administer the program.
3169 (c) The attorney general shall:
3170 (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103;
3171 (ii) administer applications for state and federal grants and subgrants;
3172 [
3173 (iii) maintain an advisory board that is associated with the program to comply with
3174 requirements of grants that are associated with the program ;
3175 (iv) assist in the development of new centers;
3176 (v) coordinate services between centers;
3177 (vi) contract with counties and other entities for the provision of services;
3178 (vii) (A) provide training, technical assistance, and evaluation to centers; and
3179 (B) ensure that any training described in Subsection (1)(c)(vii)(A) complies with Title
3180 63G, Chapter 22, State Training and Certification Requirements; and
3181 (viii) provide other services to comply with established minimum practice standards as
3182 required to maintain the state's and centers' eligibility for grants and subgrants.
3183 (2) (a) The attorney general shall establish Children's Justice Centers, satellite offices,
3184 or multidisciplinary teams in Beaver County, Box Elder County, Cache County, Carbon
3185 County, Davis County, Duchesne County, Emery County, Grand County, Iron County, Juab
3186 County, Kane County, Salt Lake County, San Juan County, Sanpete County, Sevier County,
3187 Summit County, Tooele County, Uintah County, Utah County, Wasatch County, Washington
3188 County, and Weber County.
3189 (b) The attorney general may establish other centers, satellites, or multidisciplinary
3190 teams within a county and in other counties of the state.
3191 (3) The attorney general and each center shall:
3192 (a) coordinate the activities of the public agencies involved in the investigation and
3193 prosecution of child abuse cases and the delivery of services to child abuse victims and child
3194 abuse victims' families;
3195 (b) provide a neutral, child-friendly program, where interviews are conducted and
3196 services are provided to facilitate the effective and appropriate disposition of child abuse cases
3197 in juvenile, civil, and criminal court proceedings;
3198 (c) facilitate a process for interviews of child abuse victims to be conducted in a
3199 professional and neutral manner;
3200 (d) obtain reliable and admissible information that can be used effectively in child
3201 abuse cases in the state;
3202 (e) maintain a multidisciplinary team that includes representatives of public agencies
3203 involved in the investigation and prosecution of child abuse cases and in the delivery of
3204 services to child abuse victims and child abuse victims' families;
3205 (f) hold regularly scheduled case reviews with the multidisciplinary team;
3206 (g) coordinate and track:
3207 (i) investigation of the alleged offense; and
3208 (ii) preparation of prosecution;
3209 (h) maintain a working protocol that addresses the center's procedures for conducting
3210 forensic interviews and case reviews, and for ensuring a child abuse victim's access to medical
3211 and mental health services;
3212 (i) maintain a system to track the status of cases and the provision of services to child
3213 abuse victims and child abuse victims' families;
3214 (j) provide training for professionals involved in the investigation and prosecution of
3215 child abuse cases and in the provision of related treatment and services;
3216 (k) enhance community understanding of child abuse cases; and
3217 (l) provide as many services as possible that are required for the thorough and effective
3218 investigation of child abuse cases.
3219 (4) To assist a center in fulfilling the requirements and statewide purposes as provided
3220 in Subsection (3), each center may obtain access to any relevant juvenile court legal records
3221 and adult court legal records, unless sealed by the court.
3222 Section 89. Section 67-5b-105 is amended to read:
3223 67-5b-105. Local advisory boards -- Membership.
3224 (1) The cooperating public agencies and other persons shall make up each center's local
3225 advisory board, which shall be composed of the following people from the county or area:
3226 (a) the local center director or the director's designee;
3227 (b) a district attorney or county attorney having criminal jurisdiction or any designee;
3228 (c) a representative of the attorney general's office, designated by the attorney general;
3229 (d) at least one official from a local law enforcement agency or the local law
3230 enforcement agency's designee;
3231 (e) the county executive or the county executive's designee;
3232 (f) a licensed nurse practitioner or physician;
3233 (g) a licensed mental health professional;
3234 (h) a criminal defense attorney;
3235 (i) at least four members of the community at large [
3236
3237
3238 (j) a guardian ad litem or representative of the Office of Guardian Ad Litem,
3239 designated by the director;
3240 (k) a representative of the Division of Child and Family Services within the
3241 Department of Human Services, designated by the employee of the division who has
3242 supervisory responsibility for the county served by the center;
3243 (l) if a center serves more than one county, one representative from each county served,
3244 appointed by the county executive; and
3245 (m) additional members appointed as needed by the county executive.
3246 (2) The members on each local advisory board who serve due to public office as
3247 provided in Subsections (1)(b) through (e) shall select the remaining members. The members
3248 on each local advisory board shall select a chair of the local advisory board.
3249 (3) The local advisory board may not supersede the authority of the contracting county
3250 as designated in Section 67-5b-104.
3251 (4) Appointees and designees shall serve a term or terms as designated in the bylaws of
3252 the local advisory board.
3253 Section 90. Section 72-4-302 is amended to read:
3254 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
3255 Meetings -- Expenses.
3256 (1) There is created the Utah State Scenic Byway Committee.
3257 (2) (a) The committee shall consist of the following [
3258 (i) a representative from each of the following entities appointed by the governor:
3259 (A) the Governor's Office of Economic Development;
3260 (B) the Utah Department of Transportation;
3261 (C) the Department of Heritage and Arts;
3262 (D) the Division of Parks and Recreation;
3263 (E) the Federal Highway Administration;
3264 (F) the National Park Service;
3265 (G) the National Forest Service; and
3266 (H) the Bureau of Land Management;
3267 (ii) one local government tourism representative appointed by the governor;
3268 (iii) a representative from the private business sector appointed by the governor; and
3269 (iv) three local elected officials from a county, city, or town within the state appointed
3270 by the governor[
3271 [
3272
3273 [
3274 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
3275 (2) shall be appointed for a four-year term of office.
3276 (c) The governor shall, at the time of appointment or reappointment for appointments
3277 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
3278 terms of committee members are staggered so that approximately half of the committee is
3279 appointed every two years.
3280 [
3281
3282 [
3283
3284 [
3285
3286
3287 [
3288
3289
3290 (3) (a) The representative from the Governor's Office of Economic Development shall
3291 chair the committee.
3292 (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
3293 nonvoting, ex officio members of the committee.
3294 (4) The Governor's Office of Economic Development and the department shall provide
3295 staff support to the committee.
3296 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
3297 department.
3298 (b) A majority of the voting members of the committee constitute a quorum.
3299 (c) Action by a majority vote of a quorum of the committee constitutes action by the
3300 committee.
3301 (6) [
3302 for the member's service, but may receive per diem and travel expenses as allowed in:
3303 [
3304 [
3305 [
3306 63A-3-107.
3307 [
3308
3309 Section 91. Section 73-10g-105 is amended to read:
3310 73-10g-105. Loans -- Rulemaking.
3311 (1) (a) The division and the board shall make rules, in accordance with Title 63G,
3312 Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available
3313 funds to repair, replace, or improve underfunded federal water infrastructure projects.
3314 (b) Subject to Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell
3315 Pipeline Development Act, the division and the board shall make rules, in accordance with
3316 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from
3317 available funds to develop the state's undeveloped share of the Bear and Colorado rivers.
3318 (2) The rules described in Subsection (1) shall:
3319 (a) specify the amount of money that may be loaned;
3320 (b) specify the criteria the division and the board shall consider in prioritizing and
3321 awarding loans;
3322 (c) specify the minimum qualifications for an individual who, or entity that, receives a
3323 loan, including the amount of cost-sharing to be the responsibility of the individual or entity
3324 applying for a loan;
3325 (d) specify the terms of the loan, including the terms of repayment; and
3326 (e) require all applicants for a loan to apply on forms provided by the division and in a
3327 manner required by the division.
3328 (3) The division and the board shall, in making the rules described in Subsection (1)
3329 and in consultation with the State Water Development Commission created in Section
3330 73-27-102:
3331 (a) establish criteria for better water data and data reporting;
3332 (b) establish new conservation targets based on the data described in Subsection (3)(a);
3333 (c) institute a process for the independent verification of the data described in
3334 Subsection (3)(a);
3335 (d) establish a plan for an independent review of:
3336 (i) the proposed construction plan for an applicant's qualifying water infrastructure
3337 project; and
3338 (ii) the applicant's plan to repay the loan for the construction of the proposed water
3339 infrastructure project;
3340 (e) invite and recommend public involvement; and
3341 (f) set appropriate financing and repayment terms.
3342 [
3343
3344
3345
3346 [
3347 (4) The division and the board shall provide regular updates to the Legislative
3348 Management Committee on the progress made under this section, including whether the
3349 division and board intend to issue a request for proposals.
3350 Section 92. Section 78A-2-501 is amended to read:
3351 78A-2-501. Definitions -- Online Court Assistance Program -- Purpose of
3352 program -- Online Court Assistance Account -- User's fee.
3353 (1) As used in this part:
3354 (a) "Account" means the Online Court Assistance Account created in this section.
3355 [
3356
3357 [
3358 (2) There is created the "Online Court Assistance Program" administered by the
3359 Administrative Office of the Courts to provide the public with information about civil
3360 procedures and to assist the public in preparing and filing civil pleadings and other papers in:
3361 (a) uncontested divorces;
3362 (b) enforcement of orders in the divorce decree;
3363 (c) landlord and tenant actions;
3364 (d) guardianship actions; and
3365 (e) other types of proceedings approved by the board.
3366 (3) The purpose of the program shall be to:
3367 (a) minimize the costs of civil litigation;
3368 (b) improve access to the courts; and
3369 (c) provide for informed use of the courts and the law by pro se litigants.
3370 (4) (a) An additional $20 shall be added to the filing fee established by Sections
3371 78A-2-301 and 78A-2-301.5 if a person files a complaint, petition, answer, or response
3372 prepared through the program. There shall be no fee for using the program or for papers filed
3373 subsequent to the initial pleading.
3374 (b) There is created within the General Fund a restricted account known as the Online
3375 Court Assistance Account. The fees collected under this Subsection (4) shall be deposited in
3376 the restricted account and appropriated by the Legislature to the Administrative Office of the
3377 Courts to develop, operate, and maintain the program and to support the use of the program
3378 through education of the public.
3379 (5) The Administrative Office of the Courts shall provide on the front page of the
3380 program website a listing of all forms and proceedings available to all pro se litigants within
3381 the program.
3382 Section 93. Repealer.
3383 This bill repeals:
3384 Section 10-1-119, Inventory of competitive activities.
3385 Section 11-13-224, Utah interlocal entity for alternative fuel vehicles and facilities.
3386 Section 17-50-107, Inventory of competitive activities.
3387 Section 36-20-1, Definitions.
3388 Section 36-20-2, Judicial Rules Review Committee.
3389 Section 36-20-3, Submission of court rules or proposals for court rules.
3390 Section 36-20-4, Review of rules -- Criteria.
3391 Section 36-20-5, Committee review -- Fiscal analyst -- Powers of committee.
3392 Section 36-20-6, Findings -- Report -- Distribution of copies.
3393 Section 36-20-7, Court rules or proposals for court rules -- Publication in bulletin.
3394 Section 36-20-8, Duties of staff.
3395 Section 36-30-101, Title.
3396 Section 36-30-102, Definitions.
3397 Section 36-30-201, Economic Development Legislative Liaison Committee --
3398 Creation -- Membership -- Chairs -- Per diem and expenses.
3399 Section 36-30-202, Duties -- Confidential information -- Records.
3400 Section 36-30-203, Staff support.
3401 Section 53E-3-920, Creation of State Council on Military Children.
3402 Section 53E-10-401, Definitions.
3403 Section 53E-10-402, American Indian-Alaskan Native Public Education Liaison.
3404 Section 53E-10-403, Commission created.
3405 Section 53E-10-404, Duties of the commission.
3406 Section 53E-10-405, Adoption of state plan.
3407 Section 53E-10-406, Changes to state plan.
3408 Section 53E-10-407, Pilot program.
3409 Section 59-1-901, Creation -- Members -- Terms.
3410 Section 59-1-902, Organization -- Vacancies.
3411 Section 59-1-903, Duties.
3412 Section 59-1-904, Public hearings.
3413 Section 59-1-905, Per diem and travel expenses.
3414 Section 59-1-907, Staff.
3415 Section 59-1-908, Reports.
3416 Section 62A-1-120, Utah Marriage Commission.
3417 Section 63C-4b-101, Title.
3418 Section 63C-4b-102, Definitions.
3419 Section 63C-4b-103, Commission for the Stewardship of Public Lands -- Creation
3420 -- Membership -- Interim rules followed -- Compensation -- Staff.
3421 Section 63C-4b-107, Repeal of commission.
3422 Section 63C-14-101, Title.
3423 Section 63C-14-102, Definitions.
3424 Section 63C-14-201, Creation of Federal Funds Commission -- Membership --
3425 Chairs.
3426 Section 63C-14-202, Terms of commission members -- Removal -- Vacancies --
3427 Salaries and expenses.
3428 Section 63C-14-302, Commission meetings -- Quorum -- Bylaws -- Staff support.
3429 Section 63C-16-101, Title.
3430 Section 63C-16-102, Definitions.
3431 Section 63C-16-201, Commission created -- Membership -- Cochairs -- Removal --
3432 Vacancy.
3433 Section 63C-16-202, Quorum and voting requirements -- Bylaws -- Per diem and
3434 expenses -- Staff.
3435 Section 63C-16-203, Commission duties and responsibilities.
3436 Section 63C-16-204, Other agencies' cooperation and actions.
3437 Section 63F-1-202, Technology Advisory Board -- Membership -- Duties.
3438 Section 63F-2-101, Title.
3439 Section 63F-2-102, Data Security Management Council -- Membership -- Duties.
3440 Section 63F-2-103, Data Security Management Council -- Report to Legislature --
3441 Recommendations.
3442 Section 63I-4a-101, Title.
3443 Section 63I-4a-102, Definitions.
3444 Section 63I-4a-201, Title.
3445 Section 63I-4a-202, Free Market Protection and Privatization Board -- Created --
3446 Membership -- Operations -- Expenses.
3447 Section 63I-4a-203, Free Market Protection and Privatization Board -- Duties.
3448 Section 63I-4a-204, Staff support -- Assistance to an agency or local entity.
3449 Section 63I-4a-205, Board accounting method.
3450 Section 63I-4a-301, Title.
3451 Section 63I-4a-302, Board to create inventory.
3452 Section 63I-4a-303, Governor to require review of commercial activities.
3453 Section 63I-4a-304, Duties of the Governor's Office of Management and Budget.
3454 Section 63I-4a-401, Title.
3455 Section 63I-4a-402, Government immunity.
3456 Section 67-1a-10, Commission on Civic and Character Education -- Membership --
3457 Chair -- Expenses.
3458 Section 67-1a-11, Commission on Civic and Character Education -- Duties and
3459 responsibilities.
3460 Section 67-5b-106, Advisory Board on Children's Justice -- Membership -- Terms
3461 -- Duties -- Authority.
3462 Section 72-9-606, Towing Advisory Board created -- Appointment -- Terms --
3463 Meetings -- Per diem and expenses -- Duties.
3464 Section 78A-2-502, Creation of policy board -- Membership -- Terms -- Chair --
3465 Quorum -- Expenses.
3466 Section 94. Coordinating H.B. 387 with H.B. 140 -- Substantive amendments.
3467 If this H.B. 387 and H.B. 140, Civic and Character Education Reports Amendments,
3468 both pass and become law, it is the intent of the Legislature that the Office of Legislative
3469 Research and General Counsel shall prepare the Utah Code database for publication by
3470 amending Subsection 53G-10-204(7) to read:
3471 "(7) Each year, the [
3472 Interim Committee[
3473 being achieved, to instruct and prepare students to become informed and responsible citizens
3474 through an integrated curriculum taught in connection with regular school work as required in
3475 this section.".
3476 Section 95. Coordinating H.B. 387 with H.B. 373 -- Substantive amendments.
3477 If this H.B. 387 and H.B. 373, Student Support Amendments, both pass and become
3478 law, it is the intent of the Legislature that the Office of Legislative Research and General
3479 Counsel shall prepare the Utah Code database for publication by:
3480 (1) amending Subsection 63I-1-253(10) in this bill to read:
3481 "(10) In relation to the SafeUT Commission, on January 1, 2023:
3482 (a) Subsection 53B-17-1201(1) is repealed;
3483 (b) Section 53B-17-1203 is repealed;
3484 (c) Subsection 53B-17-1204(2) is repealed;
3485 (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
3486 method described in Subsection (4)(c)" is repealed; and
3487 (e) Subsection 53B-17-1204(4)(c) is repealed."; and
3488 (2) amending Subsection 63I-1-262(5) in this bill to read:
3489 "(5) Subsections 62A-15-116(1) and (4), the language that states "In consultation with
3490 the SafeUT Commission, established in Section 53B-17-1203," is repealed January 1, 2023.".