Representative Marc K. Roberts proposes the following substitute bill:


1     
BOARDS AND COMMISSIONS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill repeals, places sunset provisions on, and amends and enacts provisions related
10     to certain boards and commissions.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals the following entities and amends provisions related to the following
14     entities:
15               •     the Arts and Culture Business Alliance;
16               •     the Deception Detection Examiners Board;
17               •     the Energy Producer States' Agreement;
18               •     the Global Positioning Systems Advisory Committee;
19               •     the Hearing Instrument Specialist Licensing Board;
20               •     the Livestock Market Committee;
21               •     the Motorcycle Rider Education Advisory Committee;
22               •     the Pesticide Committee;
23               •     the Private Aquaculture Advisory Council;
24               •     the Residence Lien Recovery Fund Advisory Board;
25               •     the State Advisory Council on Science and Technology;

26               •     the State Law Library Board of Control;
27               •     the Survey and Excavation Permit Advisory Committee; and
28               •     the Veterans Memorial Park Board;
29          ▸     adds sunset provisions to the following and provisions related to the following:
30               •     the advisory council for the Utah Schools for the Deaf and Blind;
31               •     the advisory council for the Division of Services for the Blind and Visually
32     Impaired;
33               •     the Agricultural Advisory Board;
34               •     the Agricultural and Wildlife Damage Prevention Board;
35               •     the Agricultural Water Optimization Task Force;
36               •     the Alarm System Security Licensing Board;
37               •     the Architects Licensing Board;
38               •     the Board of Bank Advisors;
39               •     the Board of Credit Union Advisors;
40               •     the Board of Financial Institutions;
41               •     the Board of Tourism Development;
42               •     the Boating Advisory Council;
43               •     the Charter School Revolving Account Committee;
44               •     the Child Care Advisory Committee;
45               •     the Child Support Guidelines Advisory Committee;
46               •     the Coal Miner Certification Panel;
47               •     the Committee of Consumer Services;
48               •     the Concealed Firearms Review Board;
49               •     the Coordinating Council for Persons with Disabilities;
50               •     coordinating councils for youth in custody;
51               •     the Data Security Management Council;
52               •     the Decision and Action Committee;
53               •     the Domesticated Elk Act advisory council;
54               •     the Drug Utilization Review Board;
55               •     the Early Childhood Utah Advisory Council;
56               •     the Emergency Management Administration Council;

57               •     the Employment Advisory Council;
58               •     the Executive Residence Commission;
59               •     the Federal Land Application Advisory Committee;
60               •     the Forensic Mental Health Coordinating Council;
61               •     the Governor's Committee on Employment of People with Disabilities;
62               •     the Governor's Economic Development Coordinating Council;
63               •     the Great Salt Lake Advisory Council;
64               •     the Heritage Trees Advisory Committee;
65               •     the Interpreter Certification Board;
66               •     the Kurt Oscarson Children's Organ Transplant Coordinating Committee;
67               •     the Land Use and Eminent Domain Advisory Board;
68               •     the Livestock Brand Board;
69               •     local advisory boards for the Children's Justice Center Program;
70               •     market boards of control in the Department of Agriculture;
71               •     the Medical Education Council;
72               •     the Motor Vehicle Business Advisory Board;
73               •     the Motor Vehicle Review Committee;
74               •     the Museum Services Advisory Board;
75               •     the Native American Remains Review Committee;
76               •     the Newborn Hearing Screening Committee;
77               •     the Off-highway Vehicle Advisory Council;
78               •     the Pawnshop and Secondhand Merchandise Advisory Board;
79               •     the Powersport Motor Vehicle Franchise Advisory Board;
80               •     the Primary Care Grant Committee;
81               •     the Purchasing from Persons with Disabilities Advisory Board;
82               •     the Recreational Trails Advisory Council;
83               •     regional advisory councils for the Wildlife Board;
84               •     the Residential Child Care Licensing Advisory Committee;
85               •     the Residential Mortgage Regulatory Commission;
86               •     the School and Institutional Trust Fund Nominating Committee;
87               •     the Search and Rescue Advisory Board;

88               •     the Serious Habitual Offender Comprehensive Action Program Oversight
89     Committees;
90               •     the Snake Valley Aquifer Advisory Council;
91               •     the State Grazing Advisory Board;
92               •     the State Instructional Materials Commission;
93               •     the State Rehabilitation Advisory Council;
94               •     the State of Utah Alice Merrill Horne Art Collection Board;
95               •     the State Weed Committee;
96               •     the Technology Initiative Advisory Board;
97               •     transportation advisory committees;
98               •     the Traumatic Brain Injury Advisory Committee;
99               •     the Utah Children's Health Insurance Program Advisory Council;
100               •     the Utah Commission on Service and Volunteerism;
101               •     the Utah Council on Victims of Crime;
102               •     the Utah Electronic Recording Commission;
103               •     the Utah Health Advisory Council;
104               •     the Utah Professional Practices Advisory Commission;
105               •     the Utah Prosecution Council;
106               •     the Wildlife Board Nominating Committee; and
107               •     the Workers' Compensation Advisory Council;
108          ▸     reestablishes the Judicial Rules Review Committee and enacts provisions related to
109     the Judicial Rules Review Committee;
110          ▸     modifies appointments related to:
111               •     the Committee of Consumer Services;
112               •     the Health Facility Committee;
113               •     the Sentencing Commission; and
114               •     the Utah Seismic Safety Commission;
115          ▸     amends provisions related to contributions to the Martha Hughes Cannon Capitol
116     Statue Oversight Committee;
117          ▸     adds provisions to an existing repealer for the Air Ambulance Committee;
118          ▸     modifies reporting requirements related to boards and commissions;

119          ▸     requires the Utah Public Notice Website and the governor's boards and
120     commissions database to share certain information;
121          ▸     requires the Division of Archives and Records Service to identify and report certain
122     information;
123          ▸     allows an individual to receive notifications regarding vacancies on certain boards
124     and commissions;
125          ▸     provides a portal through which a member of the public may provide feedback on
126     an appointee or sitting member of certain boards and commissions; and
127          ▸     makes technical changes.
128     Money Appropriated in this Bill:
129          None
130     Other Special Clauses:
131          This bill provides coordination clauses.
132     Utah Code Sections Affected:
133     AMENDS:
134          4-14-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
135          4-30-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
136          4-30-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
137          4-30-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
138          4-37-109, as last amended by Laws of Utah 2017, Chapter 412
139          9-6-201, as last amended by Laws of Utah 2017, Chapter 48
140          9-6-202, as last amended by Laws of Utah 2015, Chapter 350
141          9-6-305, as last amended by Laws of Utah 2018, Chapter 65
142          9-6-306, as last amended by Laws of Utah 2018, Chapter 65
143          9-6-806, as enacted by Laws of Utah 2015, Chapter 350
144          9-7-302, as last amended by Laws of Utah 2008, Chapter 382
145          9-8-305, as last amended by Laws of Utah 2008, Chapter 382
146          23-14-3, as last amended by Laws of Utah 2017, Chapter 412
147          26-21-3, as last amended by Laws of Utah 2011, Chapter 366
148          26-39-200, as last amended by Laws of Utah 2019, Chapter 111
149          26-39-201, as last amended by Laws of Utah 2014, Chapter 322

150          36-12-22, as enacted by Laws of Utah 2019, Chapter 246
151          36-31-104, as enacted by Laws of Utah 2018, Chapter 342
152          38-11-102, as last amended by Laws of Utah 2018, Chapter 229
153          38-11-201, as last amended by Laws of Utah 2018, Chapter 229
154          53F-9-203, as last amended by Laws of Utah 2019, Chapter 186
155          54-10a-202, as last amended by Laws of Utah 2010, Chapter 286
156          58-46a-102, as last amended by Laws of Utah 2017, Chapter 43
157          58-46a-302, as last amended by Laws of Utah 2013, Chapter 87
158          58-46a-302.5, as last amended by Laws of Utah 2013, Chapter 87
159          58-46a-303, as last amended by Laws of Utah 2001, Chapter 268
160          58-46a-501, as last amended by Laws of Utah 2002, Chapter 50
161          58-46a-502, as last amended by Laws of Utah 2019, Chapter 349
162          58-55-201, as last amended by Laws of Utah 2019, Chapter 215
163          58-64-102, as last amended by Laws of Utah 2016, Chapter 201
164          58-64-302, as last amended by Laws of Utah 2016, Chapter 201
165          58-64-502, as enacted by Laws of Utah 1995, Chapter 215
166          58-64-601, as last amended by Laws of Utah 2016, Chapter 201
167          63C-6-101, as last amended by Laws of Utah 2011, Chapter 55
168          63F-1-509, as last amended by Laws of Utah 2008, Chapter 382
169          63F-1-701, as last amended by Laws of Utah 2016, Chapter 233
170          63I-1-204, as enacted by Laws of Utah 2019, Chapter 246
171          63I-1-209, as last amended by Laws of Utah 2019, Chapter 246
172          63I-1-213, as last amended by Laws of Utah 2018, Chapter 111
173          63I-1-217, as last amended by Laws of Utah 2018, Chapters 236 and 347
174          63I-1-223, as last amended by Laws of Utah 2019, Chapter 246
175          63I-1-226, as last amended by Laws of Utah 2019, Chapters 67, 136, 246, 289, 455 and
176     last amended by Coordination Clause, Laws of Utah 2019, Chapter 246
177          63I-1-234, as last amended by Laws of Utah 2019, Chapter 136
178          63I-1-235, as last amended by Laws of Utah 2019, Chapters 89 and 246
179          63I-1-236, as last amended by Laws of Utah 2019, Chapters 193 and 246
180          63I-1-241, as last amended by Laws of Utah 2019, Chapters 49, 55, and 246

181          63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
182     325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
183     246
184          63I-1-254, as last amended by Laws of Utah 2019, Chapter 88
185          63I-1-258, as last amended by Laws of Utah 2019, Chapters 67 and 68
186          63I-1-261, as last amended by Laws of Utah 2011, Chapter 199
187          63I-1-262, as last amended by Laws of Utah 2019, Chapters 246, 257, 440 and last
188     amended by Coordination Clause, Laws of Utah 2019, Chapter 246
189          63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
190     469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
191     246
192          63I-1-267, as last amended by Laws of Utah 2019, Chapters 246 and 370
193          63I-1-272, as last amended by Laws of Utah 2019, Chapter 246
194          63I-1-273, as last amended by Laws of Utah 2019, Chapters 96 and 246
195          63I-1-278, as last amended by Laws of Utah 2019, Chapters 66 and 136
196          63I-2-226, as last amended by Laws of Utah 2019, Chapters 262, 393, 405 and last
197     amended by Coordination Clause, Laws of Utah 2019, Chapter 246
198          63M-7-402, as renumbered and amended by Laws of Utah 2008, Chapter 382
199          63N-7-103, as last amended by Laws of Utah 2015, Chapter 301 and renumbered and
200     amended by Laws of Utah 2015, Chapter 283
201          63N-7-301, as last amended by Laws of Utah 2019, Chapters 136 and 237
202          67-1-2.5, as last amended by Laws of Utah 2019, Chapter 246
203          71-7-3, as last amended by Laws of Utah 2018, Chapter 39
204     ENACTS:
205          36-32-101, Utah Code Annotated 1953
206          36-32-102, Utah Code Annotated 1953
207          36-32-201, Utah Code Annotated 1953
208          36-32-202, Utah Code Annotated 1953
209          36-32-203, Utah Code Annotated 1953
210          36-32-204, Utah Code Annotated 1953
211          36-32-205, Utah Code Annotated 1953

212          36-32-206, Utah Code Annotated 1953
213          36-32-207, Utah Code Annotated 1953
214          63I-1-207, Utah Code Annotated 1953
215          63I-1-240, Utah Code Annotated 1953
216          63I-1-265, Utah Code Annotated 1953
217          63I-1-279, Utah Code Annotated 1953
218     REPEALS:
219          4-30-103, as last amended by Laws of Utah 2019, Chapter 156
220          9-6-801, as enacted by Laws of Utah 2015, Chapter 350
221          9-6-802, as enacted by Laws of Utah 2015, Chapter 350
222          9-6-803, as enacted by Laws of Utah 2015, Chapter 350
223          9-6-804, as enacted by Laws of Utah 2015, Chapter 350
224          9-6-805, as enacted by Laws of Utah 2015, Chapter 350
225          9-7-301, as last amended by Laws of Utah 1997, Chapter 10
226          23-14-2.8, as enacted by Laws of Utah 2017, Chapter 412
227          26-39-202, as last amended by Laws of Utah 2014, Chapter 322
228          36-12-20, as last amended by Laws of Utah 2018, Chapter 33
229          38-11-104, as last amended by Laws of Utah 2018, Chapter 229
230          53-3-908, as last amended by Laws of Utah 2010, Chapters 286 and 324
231          58-46a-201, as enacted by Laws of Utah 1994, Chapter 28
232          58-64-201, as enacted by Laws of Utah 1995, Chapter 215
233          63M-3-101, as enacted by Laws of Utah 2008, Chapter 382
234          63M-3-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
235          63M-3-103, as renumbered and amended by Laws of Utah 2008, Chapter 382
236          63M-3-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
237          63M-3-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
238          71-7-4, as last amended by Laws of Utah 2018, Chapter 39
239     Utah Code Sections Affected by Coordination Clause:
240          26-21-3, as last amended by Laws of Utah 2011, Chapter 366
241          63I-1-209, as last amended by Laws of Utah 2019, Chapter 246
242     


243     Be it enacted by the Legislature of the state of Utah:
244          Section 1. Section 4-14-106 is amended to read:
245          4-14-106. Department authorized to make and enforce rules.
246          The department may, by following the procedures and requirements of Title 63G,
247     Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:
248          (1) declare as a pest any form of plant or animal life that is injurious to health or the
249     environment, except:
250          (a) a human being; or
251          (b) a bacteria, virus, or other microorganism on or in a living person or animal;
252          (2) establish, in accordance with the regulations issued by the EPA under 7 U.S.C. Sec.
253     136w(c)(2), whether pesticides registered for special local needs under the authority of 7
254     U.S.C. Sec. 136v(c) are highly toxic to man;
255          (3) establish, consistent with EPA regulations, that certain pesticides or quantities of
256     substances contained in these pesticides are injurious to the environment;
257          (4) adopt a list of "restricted use pesticides" for the state or designated areas within the
258     state if the department determines upon substantial evidence presented at a public hearing [and
259     upon recommendation of the pesticide committee] that restricted use is necessary to prevent
260     damage to property or to the environment;
261          (5) establish qualifications for a pesticide applicator business; and
262          (6) adopt any rule, not inconsistent with federal regulations issued under FIFRA,
263     considered necessary to administer and enforce this chapter, including rules relating to the
264     sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to
265     protect the public health.
266          Section 2. Section 4-30-105 is amended to read:
267          4-30-105. License required -- Application -- Fee -- Expiration -- Renewal.
268          (1) (a) No person may operate a livestock market in this state without a license issued
269     by the department.
270          (b) Application for a license shall be made to the department upon forms prescribed
271     and furnished by the department, and the application shall specify:
272          (i) if the applicant is an individual, the name, address, and date of birth of the
273     applicant; or

274          (ii) if the applicant is a partnership, corporation, or association, the name, address, and
275     date of birth of each person who has a financial interest in the applicant and the amount of each
276     person's interest;
277          (iii) a certified statement of the financial assets and liabilities of the applicant detailing:
278          (A) current assets;
279          (B) current liabilities;
280          (C) long-term assets; and
281          (D) long-term liabilities;
282          (iv) a legal description of the property where the market is proposed to be located, the
283     property's street address, and a description of the facilities proposed to be used in connection
284     with the property;
285          (v) a schedule of the charges or fees the applicant proposes to charge for each service
286     rendered; and
287          (vi) a detailed statement of the trade area proposed to be served by the applicant, the
288     potential benefits which will be derived by the livestock industry, and the specific services the
289     applicant intends to render at the livestock market.
290          (2) (a) Upon receipt of a proper application, payment of a license fee in an amount
291     determined by the department pursuant to Subsection 4-2-103(2), [and a favorable
292     recommendation by the Livestock Market Committee,] the commissioner, if satisfied that the
293     convenience and necessity of the industry and the public will be served, shall issue a license
294     allowing the applicant to operate the livestock market proposed in the application valid through
295     December 31 of the year in which the license is issued, subject to suspension or revocation for
296     cause.
297          (b) A livestock market license is annually renewable on or before December 31 of each
298     year upon the payment of an annual license renewal fee in an amount determined by the
299     department pursuant to Subsection 4-2-103(2).
300          (3) No livestock market original or renewal license may be issued until the applicant
301     has provided the department with a certified copy of a surety bond filed with the United States
302     Department of Agriculture as required by the Packers and Stockyards Act, 1921, 7 U.S.C.
303     Section 181 et seq.
304          Section 3. Section 4-30-106 is amended to read:

305          4-30-106. Hearing on license application -- Notice of hearing.
306          (1) Upon the filing of an application, the [chairman of the Livestock Market
307     Committee] department shall set a time for hearing on the application in the city or town
308     nearest the proposed site of the livestock market and cause notice of the time and place of the
309     hearing together with a copy of the application to be forwarded by mail, not less than 15 days
310     before the hearing date, to the following:
311          (a) each licensed livestock market operator within the state; and
312          (b) each livestock or other interested association or group of persons in the state that
313     has filed written notice with the [committee] department requesting receipt of notice of such
314     hearings.
315          (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
316          (a) in a daily or weekly newspaper of general circulation within the city or town where
317     the hearing is scheduled; and
318          (b) on the Utah Public Notice Website created in Section 63F-1-701.
319          Section 4. Section 4-30-107 is amended to read:
320          4-30-107. Guidelines delineated for decision on application.
321          (1) The [Livestock Market Committee] department, in determining whether to
322     [recommend approval or denial of] approve or deny the application, shall consider:
323          (a) the applicant's proven or potential ability to comply with the Packers and
324     Stockyards Act, 7 U.S.C. Sec. 221 through 229b;
325          (b) the financial stability, business integrity, and fiduciary responsibility of the
326     applicant;
327          (c) the livestock marketing benefits which potentially will be derived from the
328     establishment and operation of the public livestock market proposed;
329          (d) the need for livestock market services in the trade area proposed;
330          (e) the adequacy of the livestock market location and facilities proposed in the
331     application, including facilities for health inspection and testing;
332          (f) whether the operation of the proposed livestock market is likely to be permanent;
333     and
334          (g) the economic feasibility of the proposed livestock market based on competent
335     evidence.

336          (2) Any interested person may appear at the hearing on the application and give an
337     opinion or present evidence either for or against granting the application.
338          Section 5. Section 4-37-109 is amended to read:
339          4-37-109. Department to make rules.
340          (1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
341     Administrative Rulemaking Act:
342          (a) specifying procedures for the application and renewal of certificates of registration
343     for operating an aquaculture or fee fishing facility; and
344          (b) governing the disposal or removal of aquatic animals from an aquaculture or fee
345     fishing facility for which the certificate of registration has lapsed or been revoked.
346          (2) (a) The department may make other rules consistent with its responsibilities set
347     forth in Section 4-37-104.
348          (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
349     be consistent with the suggested procedures for the detection and identification of pathogens
350     published by the American Fisheries Society's Fish Health Section.
351          [(3) (a) The department shall consider the recommendations of the Private Aquaculture
352     Advisory Council established in Section 23-14-2.8 when adopting rules under Subsection (1).]
353          [(b) If the Private Aquaculture Advisory Council recommends a position or action to
354     the department pursuant to Section 23-14-2.8 and the department rejects the recommendation,
355     the department shall provide a written explanation to the council.]
356          Section 6. Section 9-6-201 is amended to read:
357          9-6-201. Division of Arts and Museums -- Creation -- Powers and duties.
358          (1) There is created within the department the Division of Arts and Museums under the
359     administration and general supervision of the executive director or the designee of the
360     executive director.
361          (2) The division shall be under the policy direction of the board.
362          (3) The division shall advance the interests of the arts, in all their phases, within the
363     state, and to that end shall:
364          (a) cooperate with and locally sponsor federal agencies and projects directed to similar
365     undertakings;
366          (b) develop the influence of arts in education;

367          (c) involve the private sector, including businesses, charitable interests, educational
368     interests, manufacturers, agriculturalists, and industrialists in these endeavors;
369          (d) utilize broadcasting facilities and the power of the press in disseminating
370     information; and
371          (e) foster, promote, encourage, and facilitate, not only a more general and lively study
372     of the arts, but take all necessary and useful means to stimulate a more abundant production of
373     an indigenous art in this state.
374          (4) The board shall set policy to guide the division in accomplishing the purposes set
375     forth in Subsection (3).
376          (5) [Except for arts development projects under Section 9-6-804, the] The division may
377     not grant funds for the support of any arts project under this section unless the project has been
378     first approved by the board.
379          Section 7. Section 9-6-202 is amended to read:
380          9-6-202. Division director.
381          (1) The chief administrative officer of the division shall be a director appointed by the
382     executive director in consultation with the board and the advisory board.
383          (2) The director shall be a person experienced in administration and knowledgeable
384     about the arts and museums.
385          (3) In addition to the division, the director is the chief administrative officer for:
386          (a) the Board of Directors of the Utah Arts Council created in Section 9-6-204;
387          (b) the Utah Arts Council created in Section 9-6-301;
388          (c) the Office of Museum Services created in Section 9-6-602; and
389          (d) the Museum Services Advisory Board created in Section 9-6-604[; and].
390          [(e) the Arts and Culture Business Alliance created in Section 9-6-803.]
391          Section 8. Section 9-6-305 is amended to read:
392          9-6-305. Art collection committee.
393          (1) [(a)] The board shall appoint a committee of artists or judges of art to take charge
394     of [all works of art acquired under this chapter] the Utah Alice Merrill Horne Art Collection.
395          [(b) This collection shall be known as the State of Utah Alice Merrill Horne Art
396     Collection.]
397          (2) (a) Except as required by Subsection (2)(b), as terms of current committee members

398     expire, the board shall appoint each new member or reappointed member to a four-year term.
399          (b) Notwithstanding the requirements of Subsection (2)(a), the board shall, at the time
400     of appointment or reappointment, adjust the length of terms to ensure that the terms of
401     committee members are staggered so that approximately half of the board is appointed every
402     two years.
403          (3) When a vacancy occurs in the membership, the replacement shall be appointed for
404     the unexpired term.
405          (4) A member may not receive compensation or benefits for the member's service, but
406     may receive per diem and travel expenses in accordance with:
407          (a) Section 63A-3-106;
408          (b) Section 63A-3-107; and
409          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
410     63A-3-107.
411          Section 9. Section 9-6-306 is amended to read:
412          9-6-306. Collection.
413          (1) (a) There is created the State of Utah Alice Merrill Horne Art Collection.
414          (b) All works of art acquired under this part [shall become] are part of the [State of
415     Utah Alice Merrill Horne Art Collection] art collection.
416          (2) The art collection shall be held as the property of the state, under control of the
417     division, and may be loaned in whole or in part for exhibition purposes to different parts of the
418     state according to rules prescribed by the board.
419          (3) The division shall take every precaution to avoid damage or destruction to the
420     property of the institute and the art works submitted by exhibitors and shall procure ample
421     insurance on them.
422          (4) All art works shipped to and from the place of exhibition shall be packed by an
423     expert packer.
424          Section 10. Section 9-6-806 is amended to read:
425          9-6-806. Arts and Culture Business Alliance Account -- Funding -- Rulemaking.
426          (1) As used in this section:
427          (a) "Account" means the Arts and Culture Business Alliance Account created in this
428     section.

429          (b) (i) "Arts" means the various branches of creative human activity.
430          (ii) "Arts" includes visual arts, film, performing arts, sculpture, literature, music,
431     theater, dance, digital arts, video-game arts, and cultural vitality.
432          (c) "Development of the arts" means:
433          (i) constructing, expanding, or repairing facilities that house arts presentations;
434          (ii) providing for public information, preservation, or access to the arts; or
435          (iii) supporting the professional development of artists within the state.
436          [(1)] (2) There is created within the General Fund a restricted account known as the
437     Arts and Culture Business Alliance Account.
438          [(2)] (3) The account shall be administered by the division for the purposes listed in
439     Subsection [(5)] (6).
440          [(3)] (4) (a) The account shall earn interest.
441          (b) All interest earned on account money shall be deposited into the account.
442          [(4)] (5) The account shall be funded by:
443          (a) appropriations made to the account by the Legislature; and
444          (b) private donations and grants.
445          [(5)] (6) Subject to appropriation, the director shall use account funds to pay for:
446          (a) the statewide advancement and development of the arts [in accordance with the
447     recommendation of the alliance]; and
448          (b) actual administrative costs associated with administering this [part] section.
449          [(6)] (7) The division shall submit an annual written report to the department that gives
450     a complete accounting of the use of money from the account for inclusion in the annual report
451     described in Section 9-1-208.
452          (8) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative
453     Rulemaking Act, make rules establishing processes to:
454          (a) accept and consider applications for projects for the development of the arts; and
455          (b) distribute account money under this section.
456          Section 11. Section 9-7-302 is amended to read:
457          9-7-302. Public access.
458          [(1)] The public shall have access to the State Law Library.
459          [(2) The board of control may make rules in accordance with Title 63G, Chapter 3,

460     Utah Administrative Rulemaking Act, and not inconsistent with the provisions of this part.]
461          Section 12. Section 9-8-305 is amended to read:
462          9-8-305. Permit required to survey or excavate on state lands -- Public Lands
463     Policy Coordinating Office to issue permits and make rules -- Ownership of collections
464     and resources -- Revocation or suspension of permits -- Criminal penalties.
465          (1) (a) Except as provided by Subsections (1)(d) and (3)(c), each principal investigator
466     who wishes to survey or excavate on any lands owned or controlled by the state, its political
467     subdivisions, or by the School and Institutional Trust Lands Administration shall obtain a
468     survey or excavation permit from the Public Lands Policy Coordinating Office.
469          (b) A principal investigator who holds a valid permit under this section may allow
470     other individuals to assist the principal investigator in a survey or excavation if the principal
471     investigator ensures that all the individuals comply with the law, the rules, the permit, and the
472     appropriate professional standards.
473          (c) A person, other than a principal investigator, may not survey or excavate on any
474     lands owned or controlled by the state, its political subdivisions, or by the School and
475     Institutional Trust Lands Administration unless the person works under the direction of a
476     principal investigator who holds a valid permit.
477          (d) A permit obtained before July 1, 2006 shall continue until the permit terminates on
478     its own terms.
479          (2) (a) To obtain a survey permit, a principal investigator shall:
480          (i) submit a permit application on a form furnished by the Public Lands Policy
481     Coordinating Office;
482          (ii) except as provided in Subsection (2)(b), possess a graduate degree in anthropology,
483     archaeology, or history;
484          (iii) have one year of full-time professional experience or equivalent specialized
485     training in archaeological research, administration, or management; and
486          (iv) have one year of supervised field and analytical experience in Utah prehistoric or
487     historic archaeology.
488          (b) In lieu of the graduate degree required by Subsection (2)(a)(ii), a principal
489     investigator may submit evidence of training and experience equivalent to a graduate degree.
490          (c) Unless the permit is revoked or suspended, a survey permit is valid for the time

491     period specified in the permit by the Public Lands Policy Coordinating Office, which may not
492     exceed three years.
493          (3) (a) Except as provided by Subsection (3)(c), to obtain an excavation permit, a
494     principal investigator shall, in addition to complying with Subsection (2)(a), submit:
495          (i) a research design to the Public Lands Policy Coordinating Office and the Antiquities
496     Section that:
497          (A) states the questions to be addressed;
498          (B) states the reasons for conducting the work;
499          (C) defines the methods to be used;
500          (D) describes the analysis to be performed;
501          (E) outlines the expected results and the plan for reporting;
502          (F) evaluates expected contributions of the proposed work to archaeological or
503     anthropological science; and
504          (G) estimates the cost and the time of the work that the principal investigator believes
505     is necessary to provide the maximum amount of historic, scientific, archaeological,
506     anthropological, and educational information; and
507          (ii) proof of permission from the landowner to enter the property for the purposes of
508     the permit.
509          (b) An excavation permit is valid for the amount of time specified in the permit, unless
510     the permit is revoked according to Subsection (9).
511          (c) The Public Lands Policy Coordinating Office may delegate to an agency the
512     authority to issue excavation permits if the agency:
513          (i) requests the delegation; and
514          (ii) employs or has a long-term contract with a principal investigator with a valid
515     survey permit.
516          (d) The Public Lands Policy Coordinating Office shall conduct an independent review
517     of the delegation authorized by Subsection (3)(c) every three years and may revoke the
518     delegation at any time without cause.
519          (4) The Public Lands Policy Coordinating Office shall:
520          (a) grant a survey permit to a principal investigator who meets the requirements of this
521     section; and

522          (b) grant an excavation permit to a principal investigator after approving, in
523     consultation with the Antiquities Section, the research design for the project[; and].
524          [(c) assemble a committee of qualified individuals to advise the Public Lands Policy
525     Coordinating Office in its duties under this section.]
526          (5) By following the procedures and requirements of Title 63G, Chapter 3, Utah
527     Administrative Rulemaking Act, the Public Lands Policy Coordinating Office shall, after
528     consulting with the Antiquities Section, make rules to:
529          (a) establish survey methodology;
530          (b) standardize report and data preparation and submission;
531          (c) require other permit application information that the Public Lands Policy
532     Coordinating Office finds necessary, including proof of consultation with the appropriate
533     Native American tribe;
534          (d) establish what training and experience is equivalent to a graduate degree;
535          (e) establish requirements for a person authorized by Subsection (1)(b) to assist the
536     principal investigator;
537          (f) establish requirements for a principal investigator's employer, if applicable; and
538          (g) establish criteria that, if met, would allow the Public Lands Policy Coordinating
539     Office to reinstate a suspended permit.
540          (6) Each principal investigator shall submit a summary report of the work for each
541     project to the Antiquities Section in a form prescribed by a rule established under Subsection
542     (5)(b), which shall include copies of all:
543          (a) site forms;
544          (b) data;
545          (c) maps;
546          (d) drawings;
547          (e) photographs; and
548          (f) descriptions of specimens.
549          (7) (a) Except as provided in Subsection (7)(c), a person may not remove from Utah
550     any specimen, site, or portion of any site from lands owned or controlled by the state or its
551     political subdivisions, other than school and institutional trust lands, without permission from
552     the Antiquities Section, and prior consultation with the landowner and any other agencies

553     managing other interests in the land.
554          (b) Except as provided in Subsection (7)(c), a person may not remove from Utah any
555     specimen, site, or portion of any site from school and institutional trust lands without
556     permission from the School and Institutional Trust Lands Administration, granted after
557     consultation with the Antiquities Section.
558          (c) If a specimen, site, or portion of a site is placed in a repository or curation facility, a
559     person may remove it by following the procedures established by the repository or curation
560     facility.
561          (8) (a) Collections recovered from school and institutional trust lands are owned by the
562     respective trust.
563          (b) Collections recovered from lands owned or controlled by the state or its
564     subdivisions, other than school and institutional trust lands, are owned by the state.
565          (c) Within a reasonable time after the completion of fieldwork, each permit holder
566     shall deposit all collections at the museum, a curation facility, or a repository.
567          (d) The repository or curation facility for collections from lands owned or controlled by
568     the state or its subdivisions shall be designated according to the rules made under the authority
569     of Section 53B-17-603.
570          (9) (a) Upon complaint by an agency, the Public Lands Policy Coordinating Office
571     shall investigate a principal investigator and the work conducted under a permit.
572          (b) By following the procedures and requirements of Title 63G, Chapter 4,
573     Administrative Procedures Act, the Public Lands Policy Coordinating Office may revoke or
574     suspend a permit if the principal investigator fails to conduct a survey or excavation according
575     to law, the rules enacted by the Public Lands Policy Coordinating Office, or permit provisions.
576          (10) (a) Any person violating this section is guilty of a class B misdemeanor.
577          (b) A person convicted of violating this section, or found to have violated the rules
578     authorized by this section, shall, in addition to any other penalties imposed, forfeit all
579     archaeological resources discovered by or through the person's efforts to the state or the
580     respective trust.
581          (11) The division may enter into memoranda of agreement to issue project numbers or
582     to retain other data for federal lands or Native American lands within the state.
583          Section 13. Section 23-14-3 is amended to read:

584          23-14-3. Powers of division to determine facts -- Policymaking powers of Wildlife
585     Board.
586          (1) The Division of Wildlife Resources may determine the facts relevant to the wildlife
587     resources of this state.
588          (2) (a) Upon a determination of these facts, the Wildlife Board shall establish the
589     policies best designed to accomplish the purposes and fulfill the intent of all laws pertaining to
590     wildlife and the preservation, protection, conservation, perpetuation, introduction, and
591     management of wildlife.
592          (b) In establishing policy, the Wildlife Board shall:
593          (i) recognize that wildlife and its habitat are an essential part of a healthy, productive
594     environment;
595          (ii) recognize the impact of wildlife on [man, his] humans, human economic activities,
596     private property rights, and local economies;
597          (iii) seek to balance the habitat requirements of wildlife with the social and economic
598     activities of man;
599          (iv) recognize the social and economic values of wildlife, including fishing, hunting,
600     and other uses; and
601          (v) seek to maintain wildlife on a sustainable basis.
602          (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
603     councils established in Section 23-14-2.6 [and the Private Aquaculture Advisory Council
604     established in Section 23-14-2.8].
605          (ii) If a regional advisory council [or the Private Aquaculture Advisory Council]
606     recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the
607     recommendation, the Wildlife Board shall provide a written explanation to the advisory council
608     recommending the opposing position.
609          (3) No authority conferred upon the Wildlife Board by this title shall supersede the
610     administrative authority of the executive director of the Department of Natural Resources or
611     the director of the Division of Wildlife Resources.
612          Section 14. Section 26-21-3 is amended to read:
613          26-21-3. Health Facility Committee -- Members -- Terms -- Organization --
614     Meetings.

615          (1) (a) The Health Facility Committee created by Section 26-1-7 consists of [15] 11
616     members appointed by the governor [with the consent of the Senate] in consultation with the
617     executive director.
618          (b) The appointed members shall be knowledgeable about health care facilities and
619     issues.
620          (2) The membership of the committee is:
621          (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
622     Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
623     who is a graduate of a regularly chartered medical school;
624          (b) one hospital administrator;
625          (c) one hospital trustee;
626          (d) one representative of a freestanding ambulatory surgical facility;
627          [(e) one representative of an ambulatory surgical facility that is affiliated with a
628     hospital;]
629          [(f)] (e) [two representatives] one representative of the nursing care facility industry;
630          [(g)] (f) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
631     Practice Act;
632          [(h) one professional in the field of intellectual disabilities not affiliated with a nursing
633     care facility;]
634          [(i)] (g) one licensed architect or engineer with expertise in health care facilities;
635          [(j)] (h) [two representatives] one representative of assisted living facilities licensed
636     under this chapter;
637          [(k)] (i) two consumers, one of whom has an interest in or expertise in geriatric care;
638     and
639          [(l)] (j) one representative from either a home health care provider or a hospice
640     provider.
641          [(2)] (3) (a) Except as required by Subsection [(2)] (3)(b), members shall be appointed
642     for a term of four years.
643          (b) Notwithstanding the requirements of Subsection [(2)] (3)(a), the governor shall, at
644     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
645     committee members are staggered so that approximately half of the committee is appointed

646     every two years.
647          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
648     appointed for the unexpired term by the governor, giving consideration to recommendations
649     made by the committee, with the consent of the Senate.
650          (d) A member may not serve more than two consecutive full terms or 10 consecutive
651     years, whichever is less. However, a member may continue to serve as a member until [he] the
652     member is replaced.
653          (e) The committee shall annually elect from its membership a chair and vice chair.
654          (f) The committee shall meet at least quarterly, or more frequently as determined by the
655     chair or five members of the committee.
656          (g) [Eight] Six members constitute a quorum. A vote of the majority of the members
657     present constitutes action of the committee.
658          Section 15. Section 26-39-200 is amended to read:
659          26-39-200. Child Care Center Licensing Committee.
660          (1) (a) The Child Care Center Licensing Committee created in Section 26-1-7 shall be
661     comprised of seven members appointed by the governor and approved by the Senate in
662     accordance with this subsection.
663          (b) The governor shall appoint three members who:
664          (i) have at least five years of experience as an owner in or director of a for profit or
665     not-for-profit center based child care; and
666          (ii) hold an active license as a child care center from the department to provide center
667     based child care.
668          (c) (i) The governor shall appoint one member to represent each of the following:
669          (A) a parent with a child in center based child care;
670          (B) a child development expert from the state system of higher education;
671          (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
672          (D) an architect licensed in the state.
673          (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
674     Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
675          (d) At least one member described in Subsection (1)(b) shall at the time of appointment
676     reside in a county that is not a county of the first class.

677          (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
678     a health care professional who specializes in pediatric health if:
679          (i) the health care professional is licensed under:
680          (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
681     practitioner; or
682          (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
683          (ii) before appointing a health care professional under this Subsection (1)(e), the
684     governor:
685          (A) sends a notice to a professional physician organization in the state regarding the
686     opening for the appointment described in Subsection (1)(c)(i)(C); and
687          (B) receives no applications from a pediatrician who is licensed in the state for the
688     appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
689     governor sends the notice described in Subsection (1)(e)(ii)(A).
690          (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
691     governor shall appoint each new member or reappointed member to a four-year term ending
692     June 30.
693          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
694     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
695     members are staggered so that approximately half of the licensing committee is appointed
696     every two years.
697          (c) Upon the expiration of the term of a member of the licensing committee, the
698     member shall continue to hold office until a successor is appointed and qualified.
699          (d) A member may not serve more than two consecutive terms.
700          (e) Members of the licensing committee shall annually select one member to serve as
701     chair who shall establish the agenda for licensing committee meetings.
702          (3) When a vacancy occurs in the membership for any reason, the governor, with the
703     consent of the Senate, shall appoint a replacement for the unexpired term.
704          (4) (a) The licensing committee shall meet at least every two months.
705          (b) The director may call additional meetings:
706          (i) at the director's discretion;
707          (ii) upon the request of the chair; or

708          (iii) upon the written request of three or more members.
709          (5) Three members of the licensing committee constitute a quorum for the transaction
710     of business.
711          (6) A member of the licensing committee may not receive compensation or benefits for
712     the member's service, but may receive per diem and travel expenses as allowed in:
713          (a) Section 63A-3-106;
714          (b) Section 63A-3-107; and
715          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
716     63A-3-107.
717          Section 16. Section 26-39-201 is amended to read:
718          26-39-201. Residential Child Care Licensing Advisory Committee.
719          (1) (a) The Residential Child Care Licensing Advisory Committee created in Section
720     26-1-7 shall advise the department on rules made by the department under this chapter for
721     residential child care.
722          (b) The advisory committee shall be composed of the following nine members who
723     shall be appointed by the executive director:
724          (i) two child care consumers;
725          (ii) three licensed residential child care providers;
726          (iii) one certified residential child care provider;
727          (iv) one individual with expertise in early childhood development; and
728          (v) two health care providers.
729          (2) (a) Members of the advisory committee shall be appointed for four-year terms,
730     except for those members who have been appointed to complete an unexpired term.
731          (b) Appointments and reappointments may be staggered so that 1/4 of the advisory
732     committee changes each year.
733          (c) The advisory committee shall annually elect a [chairman] chair from its
734     membership.
735          (3) The advisory committee shall meet at least quarterly, or more frequently as
736     determined by the executive director, the [chairman] chair, or three or more members of the
737     committee.
738          (4) Five members constitute a quorum and a vote of the majority of the members

739     present constitutes an action of the advisory committee.
740          (5) A member of the advisory committee may not receive compensation or benefits for
741     the member's service, but may receive per diem and travel expenses as allowed in:
742          (a) Section 63A-3-106;
743          (b) Section 63A-3-107; and
744          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
745     63A-3-107.
746          Section 17. Section 36-12-22 is amended to read:
747          36-12-22. Reports from legislative boards -- Annual reports -- Preparation of
748     legislation.
749          (1) As used in this section:
750          (a) "Legislative board [or commission]" means a board, commission, council,
751     committee, working group, task force, study group, advisory group, or other body created in
752     statute or by legislative rule:
753          (i) with a defined, limited membership;
754          [(ii) that has a member who is required to be:]
755          [(A) a member of the Legislature; or]
756          [(B) appointed by a member of the Legislature; and]
757          [(iii)] (ii) that has operated or is intended to operate for more than six months[.]; and
758          (iii) (A) that has exclusive or majority legislative membership; or
759          (B) that receives staff support from a legislative staff office.
760          (b) "Legislative board [or commission]" does not include:
761          (i) a standing, ethics, interim, appropriations, confirmation, or rules committee of the
762     Legislature;
763          (ii) the Legislative Management Committee or a subcommittee of the Legislative
764     Management Committee; or
765          (iii) an organization that is prohibited from having a member that is a member of the
766     Legislature.
767          (2) (a) [Before September 1 of each year] Before August 1, once every five years,
768     beginning in calendar year 2024, each legislative board [or commission] shall prepare and
769     submit to the Office of Legislative Research and General Counsel [an annual] a report that

770     includes:
771          (i) the name of the legislative board [or commission];
772          (ii) a description of the legislative board's [or commission's] official function and
773     purpose;
774          [(iii) the total number of members of the legislative board or commission;]
775          [(iv) the number of the legislative board's or commission's members who are
776     legislators;]
777          [(v) the compensation, if any, paid to the members of the legislative board or
778     commission;]
779          [(vi)] (iii) a description of [the actual work performed] actions taken by the legislative
780     board [or commission since the last report the legislative board or commission submitted to the
781     Office of Legislative Research and General Counsel under this section;] in the five previous
782     fiscal years;
783          [(vii) a description of actions taken by the legislative board or commission since the
784     last report the legislative board or commission submitted to the Office of Legislative Research
785     and General Counsel under this section;]
786          [(viii)] (iv) recommendations on whether any statutory, rule, or other changes are
787     needed to make the legislative board [or commission] more effective; and
788          [(ix)] (v) [an indication of] a recommendation regarding whether the legislative board
789     [or commission] should continue to exist.
790          (b) The Office of Legislative Research and General Counsel shall compile and post
791     [the reports] each report described in Subsection (2)(a) to the Legislature's website before
792     [October] September 1 of [each year] a calendar year in which the Office of Legislative
793     Research and General Counsel receives a report described in Subsection (2)(a).
794          [(3) (a) The Office of Legislative Research and General Counsel shall prepare an
795     annual report by October 1 of each year that includes, as of September 1 of that year:]
796          (3) (a) Before September 1 of a calendar year in which the Office of Legislative
797     Research and General Counsel receives a report described in Subsection (2)(a), the Office of
798     Legislative Research and General Counsel shall prepare a report that includes, as of July 1 of
799     that year:
800          (i) the total number of legislative boards [and commissions] that exist [in the state];

801     and
802          (ii) a summary of the reports submitted to the Office of Legislative Research and
803     General Counsel under Subsection (2), including:
804          (A) a list of each legislative board [or commission] that submitted a report under
805     Subsection (2);
806          (B) a list of each legislative board [or commission] that did not submit a report under
807     Subsection (2);
808          (C) an indication of any recommendations made under Subsection (2)(a)[(viii)](iv);
809     and
810          (D) a list of any legislative boards [or commissions] that indicated under Subsection
811     (2)(a)[(ix)](v) that the legislative board [or commission] should no longer exist.
812          (b) The Office of Legislative Research and General Counsel shall:
813          [(i) distribute copies of the report described in Subsection (3)(a) to:]
814          (i) in accordance with Section 68-3-14, submit the report described in Subsection (3)(a)
815     to:
816          (A) the president of the Senate;
817          (B) the speaker of the House of Representatives; and
818          [(C) the Legislative Management Committee; and]
819          [(D)] (C) the Government Operations Interim Committee; and
820          (ii) post the report described in Subsection (3)(a) to the Legislature's website.
821          [(c) Each year, the] (4) (a) The Government Operations Interim Committee [shall]
822     may prepare legislation [making any changes the committee determines are suitable with
823     respect to the report the committee receives under Subsection (3)(b), including:] to address a
824     recommendation regarding:
825          [(i) repealing a legislative board or commission that is no longer functional or
826     necessary; and]
827          [(ii) making appropriate changes to make a legislative board or commission more
828     effective.]
829          (i) an executive board, as defined in Section 67-1-2.5, included in the report described
830     in Section 67-1-2.5; or
831          (ii) a legislative board included in the report described in Subsection (3)(a).

832          (b) If an executive board or a legislative board is assigned to an interim committee for
833     review under Title 63I, Chapter 1, Legislative Oversight and Sunset Act, the Government
834     Operations Interim Committee may coordinate with the interim committee to prepare
835     legislation described in Subsection (4)(a).
836          Section 18. Section 36-31-104 is amended to read:
837          36-31-104. Committee duties.
838          (1) The committee shall:
839          (a) coordinate efforts to place a statue of Martha Hughes Cannon in the National
840     Statuary Hall in the United States Capitol to replace the statue of Philo Farnsworth;
841          (b) ensure that efforts to place the statue of Martha Hughes Cannon conform with the
842     requirements of 2 U.S.C. Chapter 30, Subchapter V, Part D, Miscellaneous;
843          (c) represent the state in interactions with the following in relation to the placement of
844     the statue of Martha Hughes Cannon:
845          (i) the Joint Committee on the Library of Congress described in 2 U.S.C. Sec. 2132;
846          (ii) the architect of the capitol described in 2 U.S.C. Sec. 2132; and
847          (iii) any other federal entity;
848          (d) select a sculptor for the statue of Martha Hughes Cannon;
849          (e) ensure that the statue of Martha Hughes Cannon is created in marble or bronze, as
850     required under 2 U.S.C. Sec. 2131;
851          (f) approve the final design of the statue of Martha Hughes Cannon;
852          (g) ensure that the statue of Martha Hughes Cannon is unveiled in the National
853     Statuary Hall in August of 2020, in commemoration of the month of the 100th anniversary of
854     the ratification of the Nineteenth Amendment to the United States Constitution; and
855          (h) determine, in coordination with appropriate community leaders and local elected
856     officials, an appropriate location for placement of the statue of Philo Farnsworth that is
857     currently on display in the National Statuary Hall in the United States Capitol.
858          (2) The committee shall facilitate the creation of a nonprofit entity that is exempt from
859     federal income tax under Section 501(c), Internal Revenue Code, to:
860          (a) collect [charitable] contributions to cover [all] costs associated with:
861          (i) the creation and placement of the statue of Martha Hughes Cannon in the National
862     Statuary Hall in the United States Capitol;

863          (ii) the removal of the statue of Philo Farnsworth that is currently on display in the
864     National Statuary Hall in the United States Capitol; and
865          (iii) the placement of the statue described in Subsection (2)(a)(ii) for display in a
866     location designated by the committee under Subsection (1)(h); and
867          (b) comply with the requirements of 2 U.S.C. Sec. 2132 regarding the cost of replacing
868     a state's statue in the National Statuary Hall[; and].
869          [(c) ensure that no state funds are used for any cost related to an item described in
870     Subsection (2)(a).]
871          Section 19. Section 36-32-101 is enacted to read:
872     
CHAPTER 32. JUDICIAL RULES REVIEW COMMITTEE

873     
Part 1. General Provisions

874          36-32-101. Title.
875          This chapter is known as "Judicial Rules Review Committee."
876          Section 20. Section 36-32-102 is enacted to read:
877          36-32-102. Definitions.
878          As used in this chapter:
879          (1) "Advisory committee" means the committee that proposes to the Supreme Court
880     rules or changes in rules related to:
881          (a) civil procedure;
882          (b) criminal procedure;
883          (c) juvenile procedure;
884          (d) appellate procedure;
885          (e) evidence; and
886          (f) professional conduct.
887          (2) "Committee" means the Judicial Rules Review Committee created in Section
888     36-31-201.
889          (3) "Court rule" means any of the following:
890          (a) rules of procedure, evidence, or practice for use of the courts of this state;
891          (b) rules governing and managing the appellate process adopted by the Supreme Court;
892     or
893          (c) rules adopted by the Judicial Council for the administration of the courts of the

894     state.
895          (4) "Judicial Council" means the administrative body of the courts, established in Utah
896     Constitution, Article VIII, Sec. 12, and Section 78A-2-104.
897          (5) "Proposal for court rule" means the proposed language in a court rule that is
898     submitted to:
899          (a) the Judicial Council;
900          (b) the advisory committee; or
901          (c) the Supreme Court.
902          Section 21. Section 36-32-201 is enacted to read:
903     
Part 2. Judicial Rules Review Committee

904          36-32-201. Establishment of committee -- Membership -- Duties.
905          (1) There is created a six member Judicial Rules Review Committee.
906          (2) (a) The committee is comprised of:
907          (i) three members of the Senate, no more than two from the same political party,
908     appointed by the president of the Senate; and
909          (ii) three members of the House of Representatives, no more than two from the same
910     political party, appointed by the speaker of the House of Representatives.
911          (b) A members shall serve for a two-year term, or until the member's successor is
912     appointed.
913          (c) (i) A vacancy exists when a member:
914          (A) is not longer a member of the Legislature; or
915          (B) resigns from the committee.
916          (ii) The appointing authority shall fill a vacancy.
917          (iii) A member appointed to fill a vacancy shall serve out the unexpired term.
918          (d) The committee may meet as needed:
919          (i) to review:
920          (A) court rules:
921          (B) proposals for court rules; or
922          (C) conflicts between court rules or proposals for court rules and statute or the Utah
923     Constitution; or
924          (ii) to recommend legislative action related to a review described in Subsection

925     (2)(d)(i).
926          Section 22. Section 36-32-202 is enacted to read:
927          36-32-202. Submission of court rules or proposals for court rules.
928          (1) The Supreme Court or the Judicial Council shall submit to the committee and the
929     governor each court rule, proposal for court rule, and any additional information related to a
930     court rule or proposal for court rule that the Supreme Court or Judicial Council considers
931     relevant:
932          (a) when the court rule or proposal for court rule is submitted:
933          (i) to the Judicial Council for consideration or approval for public comment; or
934          (ii) to the Supreme Court by the advisory committee after the advisory committee's
935     consideration or approval; and
936          (b) when the approved court rule or approved proposal for court rule is made available
937     to members of the bar and the public for public comment.
938          (2) At the time of submission under Subsection (1), the Supreme Court or Judicial
939     Council shall provide the committee with the name and contact information of a Supreme
940     Court advisory committee or Judicial Council employee whom the committee may contact
941     about the submission.
942          Section 23. Section 36-32-203 is enacted to read:
943          36-32-203. Review of rules -- Criteria.
944          (1) As used in this section, "court rule" means a new court rule, a proposal for court
945     rule, or an existing court rule.
946          (2) The committee:
947          (a) shall review and evaluate a submission of:
948          (i) a court rule; or
949          (ii) a proposal for court rule; and
950          (b) may review an existing court rule.
951          (3) The committee shall conduct a review of a court rule described in Subsection (2)
952     based on the following criteria:
953          (a) whether the court rule is authorized by the state constitution or by statute;
954          (b) if authorized by statute, whether the court rule complies with legislative intent;
955          (c) whether the court rule is in conflict with existing statute or governs a policy

956     expressed in statute;
957          (d) whether the court rule is primarily substantive or procedural in nature;
958          (e) whether the court rule infringes on the powers of the executive or legislative branch
959     of government;
960          (f) the impact of the court rule on an affected person;
961          (g) the purpose for the court rule, and if applicable, the reason for a change to an
962     existing court rule;
963          (h) the anticipated cost or savings due to the court rule to:
964          (i) the state budget;
965          (ii) local governments; and
966          (iii) individuals; and
967          (i) the cost to an affected person of complying with the court rule.
968          Section 24. Section 36-32-204 is enacted to read:
969          36-32-204. Committee review--Fiscal analyst--Powers of committee.
970          (1) To carry out the committee's duties, the committee may examine issues that the
971     committee considers necessary in addition to the issues described in this chapter.
972          (2) The committee may request that the Office of the Legislative Fiscal Analyst prepare
973     a fiscal note on any court rule or proposal for court rule.
974          (3) The committee has the powers granted to a legislative interim committee described
975     in Section 36-12-11.
976          Section 25. Section 36-32-205 is enacted to read:
977          36-32-205. Findings--Report--Distribution of report.
978          (1) The committee may:
979          (a) make an informal recommendation about a court rule or proposal for court rule; or
980          (b) provide written findings of the committee's review of a court rule or proposal for
981     court rule; and
982          (c) if the committee identifies significant issues, provide written recommendations for:
983          (i) legislative action;
984          (ii) Supreme Court rulemaking action; or
985          (iii) Judicial Council rulemaking action.
986          (2) The committee shall provide to the Supreme Court or the Judicial Council:

987          (a) a copy of the committee's findings or recommendations described in Subsection (1);
988     and
989          (b) a request that the Supreme Court or Judicial Council notify the committee of the
990     Supreme Court or Judicial Council's response.
991          (3) The committee may prepare a report that includes:
992          (a) the findings and recommendations made by the committee based on the criteria
993     described in Section 36-32-203;
994          (b) any action taken by the Supreme Court or Judicial Council in response to
995     recommendations from the committee; and
996          (c) any recommendations described in Subsection (1).
997          (4) The committee shall provide a report described in Subsection (3) to:
998          (a) the speaker of the House of Representatives;
999          (b) the president of the Senate;
1000          (c) the chair of the House Judiciary Standing Committee;
1001          (d) the chair of the Senate Judiciary, Law Enforcement, and Criminal Justice Standing
1002     Committee;
1003          (e) the Judiciary Interim Committee;
1004          (f) the governor;
1005          (g) the Executive Offices and Criminal Justice Appropriations Subcommittee;
1006          (h) the Judicial Council; and
1007          (i) the Supreme Court.
1008          Section 26. Section 36-32-206 is enacted to read:
1009          36-32-206. Court rules or proposals for court rules--Publication in bulletin.
1010          When the Supreme Court or Judicial Council submits a court rule or proposal for court
1011     rule for public comment, the Supreme Court or Judicial Council shall submit the court rule or
1012     proposal for court rule to publication houses that publish court rules, proposals to court rules,
1013     case law, or other relevant information for individuals engaged in the legal profession.
1014          Section 27. Section 36-32-207 is enacted to read:
1015          36-32-207. Duties of staff.
1016          The Office of Legislative Research and General Counsel shall, when practicable, attend
1017     meetings of the advisory committees of the Supreme Court.

1018          Section 28. Section 38-11-102 is amended to read:
1019          38-11-102. Definitions.
1020          [(1) "Board" means the Residence Lien Recovery Fund Advisory Board established
1021     under Section 38-11-104.]
1022          [(2)] (1) "Certificate of compliance" means an order issued by the director to the owner
1023     finding that the owner is in compliance with the requirements of Subsections 38-11-204(4)(a)
1024     and (4)(b) and is entitled to protection under Section 38-11-107.
1025          [(3)] (2) "Construction on an owner-occupied residence" means designing, engineering,
1026     constructing, altering, remodeling, improving, repairing, or maintaining a new or existing
1027     residence.
1028          [(4)] (3) "Department" means the Department of Commerce.
1029          [(5)] (4) "Director" means the director of the Division of Occupational and
1030     Professional Licensing.
1031          [(6)] (5) "Division" means the Division of Occupational and Professional Licensing.
1032          [(7)] (6) "Duplex" means a single building having two separate living units.
1033          [(8)] (7) "Encumbered fund balance" means the aggregate amount of outstanding
1034     claims against the fund. The remainder of the money in the fund is unencumbered funds.
1035          [(9)] (8) "Executive director" means the executive director of the Department of
1036     Commerce.
1037          [(10)] (9) "Factory built housing" is as defined in Section 15A-1-302.
1038          [(11)] (10) "Factory built housing retailer" means a person that sells factory built
1039     housing to consumers.
1040          [(12)] (11) "Fund" means the Residence Lien Recovery Fund established under Section
1041     38-11-201.
1042          [(13)] (12) "Laborer" means a person who provides services at the site of the
1043     construction on an owner-occupied residence as an employee of an original contractor or other
1044     qualified beneficiary performing qualified services on the residence.
1045          [(14)] (13) "Licensee" means any holder of a license issued under Title 58, Chapter 3a,
1046     Architects Licensing Act; Chapter 22, Professional Engineers and Professional Land Surveyors
1047     Licensing Act; Chapter 53, Landscape Architects Licensing Act; and Chapter 55, Utah
1048     Construction Trades Licensing Act.

1049          [(15)] (14) "Nonpaying party" means the original contractor, subcontractor, or real
1050     estate developer who has failed to pay the qualified beneficiary making a claim against the
1051     fund.
1052          [(16)] (15) "Original contractor" means a person who contracts with the owner of real
1053     property or the owner's agent to provide services, labor, or material for the construction of an
1054     owner-occupied residence.
1055          [(17)] (16) "Owner" means a person who:
1056          (a) contracts with a person who is licensed as a contractor or is exempt from licensure
1057     under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an
1058     owner-occupied residence upon real property that the person:
1059          (i) owns; or
1060          (ii) purchases after the person enters into a contract described in this Subsection [(17)]
1061     (16)(a) and before completion of the owner-occupied residence;
1062          (b) contracts with a real estate developer to buy a residence upon completion of the
1063     construction on the owner-occupied residence; or
1064          (c) purchases a residence from a real estate developer after completion of the
1065     construction on the owner-occupied residence.
1066          [(18)] (17) "Owner-occupied residence" means a residence that is, or after completion
1067     of the construction on the residence will be, occupied by the owner or the owner's tenant or
1068     lessee as a primary or secondary residence within 180 days after the day on which the
1069     construction on the residence is complete.
1070          [(19)] (18) "Qualified beneficiary" means a person who:
1071          (a) provides qualified services;
1072          (b) pays necessary fees required under this chapter; and
1073          (c) registers with the division:
1074          (i) as a licensed contractor under Subsection 38-11-301(1) or (2), if that person seeks
1075     recovery from the fund as a licensed contractor; or
1076          (ii) as a person providing qualified services other than as a licensed contractor under
1077     Subsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as
1078     a licensed contractor.
1079          [(20)] (19) (a) "Qualified services" means the following performed in construction on

1080     an owner-occupied residence:
1081          (i) contractor services provided by a contractor licensed or exempt from licensure
1082     under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
1083          (ii) architectural services provided by an architect licensed under Title 58, Chapter 3a,
1084     Architects Licensing Act;
1085          (iii) engineering and land surveying services provided by a professional engineer or
1086     land surveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional
1087     Engineers and Professional Land Surveyors Licensing Act;
1088          (iv) landscape architectural services by a landscape architect licensed or exempt from
1089     licensure under Title 58, Chapter 53, Landscape Architects Licensing Act;
1090          (v) design and specification services of mechanical or other systems;
1091          (vi) other services related to the design, drawing, surveying, specification, cost
1092     estimation, or other like professional services;
1093          (vii) providing materials, supplies, components, or similar products;
1094          (viii) renting equipment or materials;
1095          (ix) labor at the site of the construction on the owner-occupied residence; and
1096          (x) site preparation, set up, and installation of factory built housing.
1097          (b) "Qualified services" does not include the construction of factory built housing in
1098     the factory.
1099          [(21)] (20) "Real estate developer" means a person having an ownership interest in real
1100     property who:
1101          (a) contracts with a person who is licensed as a contractor or is exempt from licensure
1102     under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of a
1103     residence that is offered for sale to the public; or
1104          (b) is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades
1105     Licensing Act, who engages in the construction of a residence that is offered for sale to the
1106     public.
1107          [(22)] (21) (a) "Residence" means an improvement to real property used or occupied,
1108     to be used or occupied as, or in conjunction with:
1109          (i) a primary or secondary detached single-family dwelling; or
1110          (ii) a multifamily dwelling up to and including duplexes.

1111          (b) "Residence" includes factory built housing.
1112          [(23)] (22) "Subsequent owner" means a person who purchases a residence from an
1113     owner within 180 days after the day on which the construction on the residence is completed.
1114          Section 29. Section 38-11-201 is amended to read:
1115          38-11-201. Residence Lien Recovery Fund.
1116          (1) There is created an expendable special revenue fund called the "Residence Lien
1117     Recovery Fund."
1118          (2) The fund shall earn interest.
1119          (3) The division shall employ personnel and resources necessary to administer the fund
1120     and shall use fund money in accordance with Sections 38-11-203 and 38-11-204 and to pay the
1121     costs charged to the fund by the attorney general.
1122          (4) Costs incurred by the division, on or after May 8, 2018, for administering the fund
1123     may be paid out of fund money in an amount that may be no more than a total of $300,000 for
1124     the remaining existence of the fund.
1125          (5) (a) The Division of Finance shall report annually to the Legislature[,] and the
1126     division[, and the board].
1127          (b) The report shall state:
1128          (i) amounts received by the fund;
1129          (ii) disbursements from the fund;
1130          (iii) interest earned and credited to the fund; and
1131          (iv) the fund balance.
1132          Section 30. Section 53F-9-203 is amended to read:
1133          53F-9-203. Charter School Revolving Account.
1134          (1) (a) The terms defined in Section 53G-5-102 apply to this section.
1135          (b) As used in this section, "account" means the Charter School Revolving Account.
1136          (2) (a) There is created within the Uniform School Fund a restricted account known as
1137     the "Charter School Revolving Account" to provide assistance to charter schools to:
1138          (i) meet school building construction and renovation needs; and
1139          (ii) pay for expenses related to the start up of a new charter school or the expansion of
1140     an existing charter school.
1141          (b) The state board, in consultation with the State Charter School Board, shall

1142     administer the Charter School Revolving Account in accordance with rules adopted by the state
1143     board.
1144          (3) The Charter School Revolving Account shall consist of:
1145          (a) money appropriated to the account by the Legislature;
1146          (b) money received from the repayment of loans made from the account; and
1147          (c) interest earned on money in the account.
1148          (4) The state superintendent shall make loans to charter schools from the account to
1149     pay for the costs of:
1150          (a) planning expenses;
1151          (b) constructing or renovating charter school buildings;
1152          (c) equipment and supplies; or
1153          (d) other start-up or expansion expenses.
1154          (5) Loans to new charter schools or charter schools with urgent facility needs may be
1155     given priority.
1156          (6) [(a)] The state board shall [establish a committee to]:
1157          [(i)] (a) except as provided in Subsection (7)(a), review requests by charter schools for
1158     loans under this section; and
1159          [(ii) make recommendations regarding approval or disapproval of the loan applications
1160     to the State Charter School Board and the state board.]
1161          (b) in consultation with the State Charter School Board, approve or reject each request.
1162          (7) (a) The state board may establish a committee to:
1163          (i) review requests under Subsection (6)(a); and
1164          (ii) make recommendations to the state board and the State Charter School Board
1165     regarding the approval or rejection of a request.
1166          (b) (i) A committee established under Subsection [(6)] (7)(a) shall include individuals
1167     who have expertise or experience in finance, real estate, or charter school administration.
1168          (ii) Of the members appointed to a committee established under Subsection [(6)]
1169     (7)(a):
1170          (A) one member shall be nominated by the governor; and
1171          (B) the remaining members shall be selected from a list of nominees submitted by the
1172     State Charter School Board.

1173          (c) If the committee recommends approval of a loan application under Subsection [(6)]
1174     (7)(a)(ii), the committee's recommendation shall include:
1175          (i) the recommended amount of the loan;
1176          (ii) the payback schedule; and
1177          (iii) the interest rate to be charged.
1178          (d) A committee member may not:
1179          (i) be a relative, as defined in Section 53G-5-409, of a loan applicant; or
1180          (ii) have a pecuniary interest, directly or indirectly, with a loan applicant or any person
1181     or entity that contracts with a loan applicant.
1182          [(7)] (8) A loan under this section may not be made unless the state board, in
1183     consultation with the State Charter School Board, approves the loan.
1184          [(8)] (9) The term of a loan to a charter school under this section may not exceed five
1185     years.
1186          [(9)] (10) The state board may not approve loans to charter schools under this section
1187     that exceed a total of $2,000,000 in any fiscal year.
1188          [(10)] (11) (a) On March 16, 2011, the assets of the Charter School Building
1189     Subaccount administered by the state board shall be deposited into the Charter School
1190     Revolving Account.
1191          (b) Beginning on March 16, 2011, loan payments for loans made from the Charter
1192     School Building Subaccount shall be deposited into the Charter School Revolving Account.
1193          Section 31. Section 54-10a-202 is amended to read:
1194          54-10a-202. Committee of Consumer Services.
1195          (1) (a) There is created within the office a committee known as the "Committee of
1196     Consumer Services."
1197          (b) A member of the committee shall maintain the member's principal residence within
1198     Utah.
1199          (2) (a) The governor shall appoint [nine] five members to the committee subject to
1200     Subsection (3).
1201          (b) Except as required by Subsection (2)(c), as terms of current committee members
1202     expire, the governor shall appoint a new member or reappointed member to a four-year term.
1203          (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the

1204     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1205     committee members are staggered so that approximately half of the committee is appointed
1206     every two years.
1207          (d) When a vacancy occurs in the membership for any reason, the governor shall
1208     appoint a replacement for the unexpired term.
1209          (3) Members of the committee shall represent the following [geographic and]
1210     consumer interests:
1211          [(a) one member shall be from Salt Lake City, Provo, or Ogden;]
1212          [(b) one member shall be from a city other than Salt Lake City, Provo, or Ogden;]
1213          [(c) one member shall be from an unincorporated area of the state;]
1214          [(d)] (a) one member shall be [a low-income resident] an individual with experience
1215     and understanding of issues affecting low-income residents;
1216          [(e)] (b) one member shall be a retired person;
1217          [(f)] (c) one member shall be [a small commercial consumer] an individual with
1218     experience and understanding of issues affecting small commercial consumers;
1219          [(g)] (d) one member shall be a farmer or rancher who uses electric power to pump
1220     water in the member's farming or ranching operation; and
1221          [(h)] (e) one member shall be a residential consumer[; and].
1222          [(i) one member shall be appointed to provide geographic diversity on the committee to
1223     ensure to the extent possible that all areas of the state are represented.]
1224          (4) (a) No more than [five] three members of the committee [shall] may be from the
1225     same political party.
1226          (b) Subject to Subsection (3), for a member of the committee appointed on or after
1227     May 12, 2009, the governor shall appoint, to the extent possible, an individual with expertise or
1228     experience in:
1229          (i) public utility matters related to consumers;
1230          (ii) economics;
1231          (iii) accounting;
1232          (iv) financing;
1233          (v) engineering; or
1234          (vi) public utilities law.

1235          (5) The governor shall designate one member as chair of the committee.
1236          (6) A member may not receive compensation or benefits for the member's service, but
1237     may receive per diem and travel expenses in accordance with:
1238          (a) Section 63A-3-106;
1239          (b) Section 63A-3-107; and
1240          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1241     63A-3-107.
1242          (7) (a) The committee may hold monthly meetings.
1243          (b) The committee may hold other meetings, at the times and places the chair and a
1244     majority of the committee determine.
1245          (8) (a) [Five] Three members of the committee constitute a quorum of the committee.
1246          (b) A majority of members voting when a quorum is present constitutes an action of
1247     the committee.
1248          Section 32. Section 58-46a-102 is amended to read:
1249          58-46a-102. Definitions.
1250          In addition to the definitions in Section 58-1-102, as used in this chapter:
1251          [(1) "Board" means the Hearing Instrument Specialist Licensing Board created in
1252     Section 58-46a-201.]
1253          [(2)] (1) "Direct supervision" means that the supervising hearing instrument specialist
1254     is present in the same facility as is the person being supervised and is available for immediate
1255     in person consultation.
1256          [(3)] (2) "Hearing instrument" or "hearing aid" means any device designed or offered to
1257     be worn on or by an individual to enhance human hearing, including the device's specialized
1258     parts, attachments, or accessories.
1259          [(4)] (3) "Hearing instrument intern" means a person licensed under this chapter who is
1260     obtaining education and experience in the practice of a hearing instrument specialist under the
1261     supervision of a supervising hearing instrument specialist.
1262          [(5)] (4) "Indirect supervision" means that the supervising hearing instrument specialist
1263     is not required to be present in the same facility as is the person being supervised, but is
1264     available for voice to voice contact by telephone, radio, or other means at the initiation of the
1265     person being supervised.

1266          [(6)] (5) "Practice of a hearing instrument specialist" means:
1267          (a) establishing a place of business to practice as a hearing instrument specialist;
1268          (b) testing the hearing of a human patient over the age of 17 for the sole purpose of
1269     determining whether a hearing loss will be sufficiently improved by the use of a hearing
1270     instrument to justify prescribing and selling the hearing instrument and whether that hearing
1271     instrument will be in the best interest of the patient;
1272          (c) providing the patient a written statement of prognosis regarding the need for or
1273     usefulness of a hearing instrument for the patient's condition;
1274          (d) prescribing an appropriate hearing instrument;
1275          (e) making impressions or earmolds for the fitting of a hearing instrument;
1276          (f) sale and professional placement of the hearing instrument on a patient;
1277          (g) evaluating the hearing loss overcome by the installation of the hearing instrument
1278     and evaluating the hearing recovery against the representations made to the patient by the
1279     hearing instrument specialist;
1280          (h) necessary intervention to produce satisfactory hearing recovery results from a
1281     hearing instrument; or
1282          (i) instructing the patient on the use and care of the hearing instrument.
1283          [(7)] (6) "Supervising hearing instrument specialist" means a hearing instrument
1284     specialist who:
1285          (a) is licensed by and in good standing with the division;
1286          (b) has practiced full-time as a hearing instrument specialist for not less than two years;
1287     and
1288          (c) is approved as a supervisor by the division [in collaboration with the board].
1289          [(8)] (7) "Unlawful conduct" means the same as that term is defined in Section
1290     58-1-501.
1291          [(9)] (8) "Unprofessional conduct" means the same as that term is defined in Sections
1292     58-1-501 and 58-46a-501.
1293          Section 33. Section 58-46a-302 is amended to read:
1294          58-46a-302. Qualifications for licensure.
1295          (1) Each applicant for licensure as a hearing instrument specialist shall:
1296          (a) submit to the division an application in a form prescribed by the division;

1297          (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
1298          (c) be of good moral character;
1299          (d) have qualified for and currently hold board certification by the National Board for
1300     Certification - Hearing Instrument Sciences, or an equivalent certification approved by the
1301     division [in collaboration with the board];
1302          (e) have passed the Utah Law and Rules Examination for Hearing Instrument
1303     Specialists; and
1304          (f) if the applicant holds a hearing instrument intern license, surrender the hearing
1305     instrument intern license at the time of licensure as a hearing instrument specialist.
1306          (2) Each applicant for licensure as a hearing instrument intern shall:
1307          (a) submit to the division an application in a form prescribed by the division;
1308          (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
1309          (c) be of good moral character;
1310          (d) have passed the Utah Law and Rules Examination for Hearing Instrument
1311     Specialists; and
1312          (e) present evidence acceptable to the division [and the board] that the applicant, when
1313     licensed, will practice as a hearing instrument intern only under the supervision of a
1314     supervising hearing instrument specialist in accordance with:
1315          (i) Section 58-46a-302.5; and
1316          (ii) the supervision requirements for obtaining board certification by the National
1317     Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved
1318     by the division [in collaboration with the board].
1319          Section 34. Section 58-46a-302.5 is amended to read:
1320          58-46a-302.5. Supervision requirements -- Hearing instrument interns.
1321          (1) A hearing instrument intern shall practice as a hearing instrument intern only under
1322     the direct supervision of a licensed hearing instrument specialist, until the intern:
1323          (a) receives a passing score on a practical examination demonstrating acceptable skills
1324     in the area of hearing testing as approved by the division [in collaboration with the board]; and
1325          (b) completes the National Institute for Hearing instrument studies education and
1326     examination program, or an equivalent college level program as approved by the division [in
1327     collaboration with the board].

1328          (2) Upon satisfaction of the direct supervision requirement of Subsection (1) the intern
1329     shall:
1330          (a) practice as a hearing instrument intern only under the indirect supervision of a
1331     licensed hearing instrument specialist; and
1332          (b) receive a passing score on the International Licensing Examination of the hearing
1333     instrument dispenser or other tests approved by the division prior to applying for licensure as a
1334     hearing instrument specialist.
1335          Section 35. Section 58-46a-303 is amended to read:
1336          58-46a-303. Term of license -- Expiration -- Renewal of specialist license --
1337     Limitation on renewal of intern license.
1338          (1) The division shall issue each license for a hearing instrument specialist in
1339     accordance with a two-year renewal cycle established by rule. The division may by rule extend
1340     or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
1341          (2) Each license as a hearing instrument intern shall be issued for a term of three years
1342     and may not be renewed.
1343          (3) At the time of renewal, the licensed hearing instrument specialist shall demonstrate
1344     satisfactory evidence of each of the following:
1345          (a) current certification by the National Board for Certification Hearing Instrument
1346     Sciences, or other acceptable certification approved by the division [in collaboration with the
1347     board];
1348          (b) calibration of all appropriate technical instruments used in practice; and
1349          (c) completion of continuing professional education required in Section 58-46a-304.
1350          (4) Each license automatically expires on the expiration date shown on the license
1351     unless renewed by the licensee in accordance with the provisions of Section 58-1-308, or
1352     unless surrendered in accordance with the provisions of Section 58-1-306.
1353          Section 36. Section 58-46a-501 is amended to read:
1354          58-46a-501. Unprofessional conduct.
1355          "Unprofessional conduct" includes:
1356          (1) testing the hearing of a patient for any purpose other than to determine whether a
1357     hearing loss will be improved by the use of a hearing instrument;
1358          (2) failing to make an appropriate referral to a qualified health care provider with

1359     respect to a condition detected in a patient examined by a licensee under this chapter if the
1360     condition is generally recognized in the profession as one that should be referred;
1361          (3) designating a hearing instrument for a patient whose hearing will not be sufficiently
1362     improved to justify prescribing and selling of the hearing instrument;
1363          (4) making false, misleading, deceptive, fraudulent, or exaggerated claims with respect
1364     to practice under this chapter and specifically with respect to the benefits of a hearing
1365     instrument or the degree to which a hearing instrument will benefit a patient;
1366          (5) failing to exercise caution in providing a patient a prognosis to assure the patient is
1367     not led to expect results that cannot be accurately predicted;
1368          (6) failing to provide appropriate follow-up care and consultation with respect to a
1369     patient to whom a hearing instrument has been prescribed and sold upon being informed by the
1370     patient that the hearing instrument does not produce the results represented by the licensee;
1371          (7) failing to disclose in writing to the patient the charge for all services and hearing
1372     instruments prescribed and sold to a patient prior to providing the services or hearing
1373     instrument;
1374          (8) failing to refund fees paid by a patient for a hearing instrument and all accessories,
1375     upon a determination by the division [in collaboration with the board] that the patient has not
1376     obtained the recovery of hearing represented by the licensee in writing prior to designation and
1377     sale of the hearing instrument;
1378          (9) paying any professional person any consideration of any kind for referral of a
1379     patient;
1380          (10) failing, when acting as a supervising hearing instrument specialist, to provide
1381     supervision and training in hearing instrument sciences in accordance with Section
1382     58-46a-302.5;
1383          (11) engaging in the practice as a hearing instrument intern when not under the
1384     supervision of a supervising hearing instrument specialist in accordance with Section
1385     58-46a-302.5;
1386          (12) failing to describe the circuitry in any advertisement, presentation, purchase, or
1387     trial agreement as being either "digital" or "analog"; or other acceptable terms as determined by
1388     the division [in collaboration with the board];
1389          (13) failing to follow the guidelines or policies of the United States Federal Trade

1390     Commission in any advertisement;
1391          (14) failing to adhere to the rules and regulations prescribed by the United States Food
1392     and Drug Administration as they pertain to the hearing instrument specialist;
1393          (15) failing to maintain all equipment used in the practice of a hearing instrument
1394     specialist properly calibrated and in good working condition; and
1395          (16) failing to comply with any of the requirements set forth in Section 58-46a-502 or
1396     58-46a-503.
1397          Section 37. Section 58-46a-502 is amended to read:
1398          58-46a-502. Additional requirements for practicing as a hearing instrument
1399     specialist.
1400          A person engaging in the practice of a hearing instrument specialist shall:
1401          (1) have a regular place or places of business from which the person conducts business
1402     as a hearing instrument specialist and the place or places of business shall be represented to a
1403     patient and others with whom business is conducted by the street address at which the place of
1404     business is located;
1405          (2) include in all advertising or other representation the street address at which the
1406     business is located and the telephone number of the business at that street address;
1407          (3) provide as part of each transaction between a licensee and a patient related to
1408     testing for hearing loss and selling of a hearing instrument written documentation provided to
1409     the patient that includes:
1410          (a) identification of all services and products provided to the patient by the hearing
1411     instrument specialist and the charges for each service or product;
1412          (b) a statement whether any hearing instrument provided to a patient is "new," "used,"
1413     or "reconditioned" and the terms and conditions of any warranty or guarantee that applies to
1414     each instrument; and
1415          (c) the identity and license number of each hearing instrument specialist or hearing
1416     instrument intern who provided services or products to the patient;
1417          (4) before providing services or products to a patient:
1418          (a) advise the patient regarding services and products offered to the patient, including
1419     the expected results of the services and products;
1420          (b) inform each patient who is being offered a hearing instrument about hearing

1421     instruments that work with assistive listening systems that are compliant with the ADA
1422     Standards for Accessible Design adopted by the United States Department of Justice in
1423     accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.; and
1424          (c) obtain written informed consent from the patient regarding offered services,
1425     products, and the expected results of the services and products in a form approved by the
1426     division [in collaboration with the board];
1427          (5) refer all individuals under the age of 18 who seek testing of hearing to a physician
1428     or surgeon, osteopathic physician, physician assistant, or audiologist, licensed under the
1429     provisions of this title, and shall dispense a hearing aid to that individual only on prescription
1430     of a physician or surgeon, osteopathic physician, physician assistant, or audiologist;
1431          (6) obtain the patient's informed consent and agreement to purchase the hearing
1432     instrument based on that informed consent either by the hearing instrument specialist or the
1433     hearing instrument intern, before designating an appropriate hearing instrument; and
1434          (7) if a hearing instrument does not substantially enhance the patient's hearing
1435     consistent with the representations of the hearing instrument specialist at the time informed
1436     consent was given prior to the sale and fitting of the hearing instrument, provide:
1437          (a) necessary intervention to produce satisfactory hearing recovery results consistent
1438     with representations made; or
1439          (b) for the refund of fees paid by the patient for the hearing instrument to the hearing
1440     instrument specialist within a reasonable time after finding that the hearing instrument does not
1441     substantially enhance the patient's hearing.
1442          Section 38. Section 58-55-201 is amended to read:
1443          58-55-201. Boards created -- Duties.
1444          (1) There is created [a] the Plumbers Licensing Board[, an Alarm System Security and
1445     Licensing Board, and an Electricians Licensing Board. Members of the boards shall be
1446     selected to provide representation as follows: (a) The Plumbers Licensing Board consists]
1447     consisting of five members as follows:
1448          [(i)] (a) two members shall be licensed from among the license classifications of
1449     master or journeyman plumber;
1450          [(ii)] (b) two members shall be licensed plumbing contractors; and
1451          [(iii)] (c) one member shall be from the public at large with no history of involvement

1452     in the construction trades.
1453          [(b) (i)] (2) (a) [The] There is created the Alarm System Security and Licensing Board
1454     [consists] consisting of five members as follows:
1455          [(A)] (i) three individuals who are officers or owners of a licensed alarm business;
1456          [(B)] (ii) one individual from among nominees of the Utah Peace Officers Association;
1457     and
1458          [(C)] (iii) one individual representing the general public.
1459          [(ii)] (b) The Alarm System Security and Licensing Board shall designate one of its
1460     members on a permanent or rotating basis to:
1461          [(A)] (i) assist the division in reviewing complaints concerning the unlawful or
1462     unprofessional conduct of a licensee; and
1463          [(B)] (ii) advise the division in its investigation of these complaints.
1464          [(iii)] (c) A board member who has, under this Subsection [(1)(b)(iii)] (2)(c), reviewed
1465     a complaint or advised in its investigation is disqualified from participating with the board
1466     when the board serves as a presiding officer in an adjudicative proceeding concerning the
1467     complaint.
1468          [(c)] (3) [The] There is created the Electricians Licensing Board [consists] consisting
1469     of five members as follows:
1470          [(i)] (a) two members shall be licensed from among the license classifications of
1471     master or journeyman electrician, of whom one shall represent a union organization and one
1472     shall be selected having no union affiliation;
1473          [(ii)] (b) two shall be licensed electrical contractors of whom one shall represent a
1474     union organization and one shall be selected having no union affiliation; and
1475          [(iii)] (c) one member shall be from the public at large with no history of involvement
1476     in the construction trades or union affiliation.
1477          [(2)] (4) The duties, functions, and responsibilities of each board described in
1478     Subsections (1) through (3) include the following:
1479          (a) recommending to the commission appropriate rules;
1480          (b) recommending to the commission policy and budgetary matters;
1481          (c) approving and establishing a passing score for applicant examinations;
1482          (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and

1483     relicensure;
1484          (e) assisting the commission in establishing standards of supervision for students or
1485     persons in training to become qualified to obtain a license in the occupation or profession [it]
1486     the board represents; and
1487          (f) acting as presiding officer in conducting hearings associated with the adjudicative
1488     proceedings and in issuing recommended orders when so authorized by the commission.
1489          [(3)] (5) The division, in collaboration with the Plumbers Licensing Board and the
1490     Electricians Licensing Board, shall provide a preliminary report on or before October 1, 2019,
1491     and a final written report on or before June 1, 2020, to the Business and Labor Interim
1492     Committee and the Occupational and Professional Licensure Review Committee that provides
1493     recommendations for consistent educational and training standards for plumber and electrician
1494     apprentice programs in the state, including recommendations for education and training
1495     provided by all providers, including institutions of higher education and technical colleges.
1496          Section 39. Section 58-64-102 is amended to read:
1497          58-64-102. Definitions.
1498          In addition to the definitions in Section 58-1-102, as used in this chapter:
1499          [(1) "Board" means the Deception Detection Examiners Board created in Section
1500     58-64-201.]
1501          [(2)] (1) "Deception detection examination" means the use of an instrument, or
1502     software application designed for detecting deception, on an individual for the purpose of
1503     detecting whether that individual is engaged in deception.
1504          [(3)] (2) "Deception detection examination administrator" means an individual who
1505     engages in or represents that the individual is engaged in:
1506          (a) conducting or administering a deception detection examination using a software
1507     application designed for detecting deception without intervention from the examination
1508     administrator; or
1509          (b) the interpretation of deception detection examination results derived from a
1510     software application designed for detecting deception.
1511          [(4)] (3) "Deception detection examiner" means an individual who engages in or
1512     represents that the individual is engaged in conducting or performing deception detection
1513     examinations or in the interpretation of deception detection examinations.

1514          [(5)] (4) "Deception detection intern" means an individual who engages in deception
1515     detection examinations under the supervision and control of a deception detection examiner for
1516     the purpose of training and qualification as a deception detection examiner.
1517          [(6)] (5) "Instrument" means a polygraph, voice stress analyzer, ocular-motor test, or
1518     any other device or software application that records the examinee's cardiovascular patterns,
1519     respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall,
1520     or other physiologic characteristics of the examinee for the purpose of monitoring factors
1521     relating to whether the examinee is truthful or engaged in deception.
1522          [(7)] (6) "Unlawful conduct" means the same as that term is defined in Sections
1523     58-1-501 and 58-64-501.
1524          [(8)] (7) "Unprofessional conduct" means the same as that term is defined in Sections
1525     58-1-501 and 58-64-502 and as may be further defined by rule.
1526          Section 40. Section 58-64-302 is amended to read:
1527          58-64-302. Qualifications for licensure.
1528          (1) Each applicant for licensure as a deception detection examiner:
1529          (a) shall submit an application in a form prescribed by the division;
1530          (b) shall pay a fee determined by the department under Section 63J-1-504;
1531          (c) shall be of good moral character in that the applicant has not been convicted of a
1532     felony, a misdemeanor involving moral turpitude, or any other crime which when considered
1533     with the duties and responsibilities of a deception detection examiner is considered by the
1534     division [and the board] to indicate that the best interests of the public will not be served by
1535     granting the applicant a license;
1536          (d) may not have been declared by any court of competent jurisdiction incompetent by
1537     reason of mental defect or disease and not been restored;
1538          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
1539     dependence;
1540          (f) shall have completed one of the following:
1541          (i) have earned a bachelor's degree from a four year university or college meeting
1542     standards established by the division by rule [in collaboration with the board];
1543          (ii) have completed not less than 8,000 hours of investigation experience approved by
1544     the division [in collaboration with the board]; or

1545          (iii) have completed a combination of university or college education and investigation
1546     experience, as defined by rule by the division [in collaboration with the board] as being
1547     equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
1548          (g) shall have successfully completed a training program in detection deception
1549     meeting criteria established by rule by the division [in collaboration with the board]; and
1550          (h) shall have performed satisfactorily as a licensed deception detection intern for a
1551     period of not less than one year and shall have satisfactorily conducted not less than 100
1552     deception detection examinations under the supervision of a licensed deception detection
1553     examiner.
1554          (2) Each applicant for licensure as a deception detection intern:
1555          (a) shall submit an application in a form prescribed by the division;
1556          (b) shall pay a fee determined by the department under Section 63J-1-504;
1557          (c) shall be of good moral character in that the applicant has not been convicted of a
1558     felony, a misdemeanor involving moral turpitude, or any other crime which when considered
1559     with the duties and responsibilities of a deception detection intern is considered by the division
1560     [and the board] to indicate that the best interests of the public will not be served by granting the
1561     applicant a license;
1562          (d) may not have been declared by any court of competent jurisdiction incompetent by
1563     reason of mental defect or disease and not been restored;
1564          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
1565     dependence;
1566          (f) shall have completed one of the following:
1567          (i) have earned a bachelor's degree from a four year university or college meeting
1568     standards established by the division by rule [in collaboration with the board];
1569          (ii) have completed not less than 8,000 hours of investigation experience approved by
1570     the division [in collaboration with the board]; or
1571          (iii) have completed a combination of university or college education and investigation
1572     experience, as defined by rule by the division [in collaboration with the board] as being
1573     equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
1574          (g) shall have successfully completed a training program in detection deception
1575     meeting criteria established by rule by the division [in collaboration with the board]; and

1576          (h) shall provide the division with an intern supervision agreement in a form prescribed
1577     by the division under which:
1578          (i) a licensed deception detection examiner agrees to supervise the intern; and
1579          (ii) the applicant agrees to be supervised by that licensed deception detection examiner.
1580          (3) Each applicant for licensure as a deception detection examination administrator:
1581          (a) shall submit an application in a form prescribed by the division;
1582          (b) shall pay a fee determined by the department under Section 63J-1-504;
1583          (c) shall be of good moral character in that the applicant has not been convicted of a
1584     felony, a misdemeanor involving moral turpitude, or any other crime that when considered with
1585     the duties and responsibilities of a deception detection examination administrator is considered
1586     by the division [and the board] to indicate that the best interests of the public will not be served
1587     by granting the applicant a license;
1588          (d) may not have been declared by a court of competent jurisdiction incompetent by
1589     reason of mental defect or disease and not been restored;
1590          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
1591     dependence;
1592          (f) shall have earned an associate degree from a state-accredited university or college or
1593     have an equivalent number of years' work experience; and
1594          (g) shall have successfully completed a training program and have obtained
1595     certification in deception detection examination administration provided by the manufacturer
1596     of a scientific or technology-based software application solution that is approved by the
1597     director.
1598          (4) To determine if an applicant meets the qualifications of Subsection (1)(c), (2)(c), or
1599     (3)(c) the division shall provide an appropriate number of copies of fingerprint cards to the
1600     Department of Public Safety with the division's request to:
1601          (a) conduct a search of records of the Department of Public Safety for criminal history
1602     information relating to each applicant for licensure under this chapter; and
1603          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
1604     requiring a check of records of the F.B.I. for criminal history information under this section.
1605          (5) The Department of Public Safety shall send to the division:
1606          (a) a written record of criminal history, or certification of no criminal history record, as

1607     contained in the records of the Department of Public Safety in a timely manner after receipt of
1608     a fingerprint card from the division and a request for review of Department of Public Safety
1609     records; and
1610          (b) the results of the F.B.I. review concerning an applicant in a timely manner after
1611     receipt of information from the F.B.I.
1612          (6) (a) The division shall charge each applicant a fee, in accordance with Section
1613     63J-1-504, equal to the cost of performing the records reviews under this section.
1614          (b) The division shall pay the Department of Public Safety the costs of all records
1615     reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
1616     under this chapter.
1617          (7) Information obtained by the division from the reviews of criminal history records of
1618     the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
1619     only for the purpose of determining if an applicant for licensure under this chapter is qualified
1620     for licensure.
1621          Section 41. Section 58-64-502 is amended to read:
1622          58-64-502. Unprofessional conduct.
1623          "Unprofessional conduct" includes:
1624          (1) using any deception detection instrument that does not meet criteria and standards
1625     established by rule by the division [in collaboration with the board]; and
1626          (2) using any deception detection instrument that does not make a permanent recording
1627     as required under Section 58-64-601.
1628          Section 42. Section 58-64-601 is amended to read:
1629          58-64-601. Deception detection instruments.
1630          (1) Instruments or software applications used in performing deception detection
1631     examinations shall be those that are generally recognized in the profession or, if approved by
1632     the director, those with results published in peer-reviewed, scientific journals generally
1633     recognized by the scientific community.
1634          (2) An instrument or software application used for deception detection shall have a
1635     permanent recording or written report produced by the instrument or software application for
1636     objective analysis by the examiner[,] or the division[, or the board].
1637          (3) A written interpretation by an examiner while conducting a deception detection

1638     examination does not satisfy the requirements of a permanent recording.
1639          Section 43. Section 63C-6-101 is amended to read:
1640          63C-6-101. Creation of commission -- Membership -- Appointment -- Vacancies.
1641          (1) There is created the Utah Seismic Safety Commission consisting of 15 members,
1642     designated as follows:
1643          (a) the director of the Division of Emergency Management or the director's designee;
1644          (b) the director of the Utah Geological Survey or the director's designee;
1645          (c) the director of the University of Utah Seismograph Stations or the director's
1646     designee;
1647          (d) the executive director of the Utah League of Cities and Towns or the executive
1648     director's designee;
1649          (e) a representative from the Structural Engineers Association of Utah biannually
1650     selected by its membership;
1651          (f) the director of the Division of Facilities Construction and Management or the
1652     director's designee;
1653          (g) the executive director of the Department of Transportation or the director's
1654     designee;
1655          (h) the State Planning Coordinator or the coordinator's designee;
1656          (i) a representative from the American Institute of Architects, Utah Section;
1657          (j) a representative from the American Society of Civil Engineers, Utah Section;
1658          [(k) a member of the House of Representatives appointed biannually by the speaker of
1659     the House;]
1660          [(l) a member of the Senate appointed biannually by the president of the Senate;]
1661          (k) two individuals, appointed by the director of the Division of Emergency
1662     Management, from earthquake-related organizations that have an interest in reducing
1663     earthquake-related loss in the state;
1664          [(m)] (l) the commissioner of the Department of Insurance or the commissioner's
1665     designee;
1666          [(n)] (m) a representative from the Association of Contingency Planners, Utah Chapter,
1667     biannually selected by its membership; and
1668          [(o)] (n) a representative from the American Public Works Association, Utah Chapter,

1669     biannually selected by its membership.
1670          (2) The commission shall annually select one of its members to serve as chair of the
1671     commission.
1672          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
1673     appointed for the unexpired term.
1674          Section 44. Section 63F-1-509 is amended to read:
1675          63F-1-509. Statewide Global Positioning Reference Network created --
1676     Rulemaking authority.
1677          (1) (a) There is created the Statewide Global Positioning Reference Network to
1678     improve the quality of geographic information system data and the productivity, efficiency, and
1679     cost-effectiveness of government services.
1680          (b) The network shall provide a system of permanently mounted, fully networked,
1681     global positioning system base stations that will provide real time radio navigation and
1682     establish a standard statewide coordinate reference system.
1683          (c) The center shall administer the network.
1684          [(2) (a) There is created the Global Positioning Systems Advisory Committee to advise
1685     the center on implementing and maintaining the network.]
1686          [(b) The committee membership shall consist of:]
1687          [(i) the center manager or the manager's designee;]
1688          [(ii) a representative from the Department of Transportation created by Section
1689     72-1-201 designated by the executive director appointed under Section 72-1-202;]
1690          [(iii) the chief information officer or the chief information officer's designee;]
1691          [(iv) a representative from the Utah Association of County Surveyors; and]
1692          [(v) a representative from the Utah Council of Land Surveyors.]
1693          [(c) The representative from the center shall be the chair of the committee.]
1694          [(d) The committee shall meet upon the call of the chair or a majority of the committee
1695     members.]
1696          [(e) The committee chair shall give reasonable notice to each member prior to any
1697     meeting.]
1698          [(f) Three members shall constitute a quorum for the transaction of business.]
1699          [(g) The center shall provide staff support to the committee.]

1700          [(h) Committee members who are state government employees shall receive no
1701     additional compensation for their work on the committee.]
1702          [(i) Committee members who are not state government employees shall receive no
1703     compensation or expenses for their work on the committee.]
1704          [(j) The committee shall recommend rules to the chief information officer for adoption
1705     under Subsection (3).]
1706          [(3)] (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1707     Act, the chief information officer shall make[, in consultation with the committee,] rules
1708     providing for operating policies and procedures for the network.
1709          (b) [The rules] When making rules under this section, the chief information officer
1710     shall consider:
1711          (i) network development that serves a public purpose;
1712          (ii) increased productivity and efficiency for state agencies; and
1713          (iii) costs and longevity of the network.
1714          Section 45. Section 63F-1-701 is amended to read:
1715          63F-1-701. Utah Public Notice Website -- Establishment and administration.
1716          (1) As used in this part:
1717          (a) "Division" means the Division of Archives and Records Service of the Department
1718     of Administrative Services.
1719          (b) "Executive board" means the same as that term is defined in Section 67-1-2.5.
1720          [(b)] (c) "Public body" [has the same meaning as provided under] means the same as
1721     that term is defined in Section 52-4-103.
1722          [(c)] (d) "Public information" means a public body's public notices, minutes, audio
1723     recordings, and other materials that are required to be posted to the website under Title 52,
1724     Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
1725          [(d)] (e) "Website" means the Utah Public Notice Website created under this section.
1726          (2) There is created the Utah Public Notice Website to be administered by the Division
1727     of Archives and Records Service.
1728          (3) The website shall consist of an Internet website provided to assist the public to find
1729     posted public information.
1730          (4) The division, with the technical assistance of the Department of Technology

1731     Services, shall create the website [which] that shall:
1732          (a) allow a public body, or other certified entity, to easily post any public information,
1733     including the contact information required under Subsections 17B-1-303(9) and
1734     17D-1-106(1)(b)(ii);
1735          (b) allow the public to easily search the public information by:
1736          (i) public body name;
1737          (ii) date of posting of the notice;
1738          (iii) date of any meeting or deadline included as part of the public information; and
1739          (iv) any other criteria approved by the division;
1740          (c) allow the public to easily search and view past, archived public information;
1741          (d) allow [a person] an individual to subscribe to receive updates and notices
1742     associated with a public body or a particular type of public information;
1743          (e) be easily accessible by the public from the State of Utah home page;
1744          (f) have a unique and simplified website address;
1745          (g) be directly accessible via a link from the main page of the official state website; and
1746          (h) include other links, features, or functionality that will assist the public in obtaining
1747     and reviewing public information posted on the website, as may be approved by the division.
1748          (5) (a) Subject to Subsection (5)(b), the division and the governor's office shall
1749     coordinate to ensure that the website, the database described in Section 67-1-2.5, and the
1750     website described in Section 67-1-2.5 automatically share appropriate information in order to
1751     ensure that:
1752          (i) an individual who subscribes to receive information under Subsection (4)(d) for an
1753     executive board automatically receives notifications of vacancies on the executive board that
1754     will be publicly filled, including a link to information regarding how an individual may apply
1755     to fill the vacancy; and
1756          (ii) an individual who accesses an executive board's information on the website has
1757     access to the following through the website:
1758          (A) the executive board's information in the database, except an individual's physical
1759     address, e-mail address, or phone number; and
1760          (B) the portal described in Section 67-1-2.5 through which an individual may provide
1761     input on an appointee to, or member of, the executive board.

1762          (b) The division and the governor's office shall comply with Subsection (5)(a) as soon
1763     as reasonably possible within existing funds appropriated to the division and the governor's
1764     office.
1765          (6) Before August 1 of each year, the division shall:
1766          (a) identify each executive board that is a public body that did not submit to the
1767     website a notice of a public meeting during the previous fiscal year; and
1768          (b) report the name of each identified executive board to the governor's boards and
1769     commissions administrator.
1770          [(5)] (7) The division [shall be] is responsible for:
1771          (a) establishing and maintaining the website, including the provision of equipment,
1772     resources, and personnel as is necessary;
1773          (b) providing a mechanism for public bodies or other certified entities to have access to
1774     the website for the purpose of posting and modifying public information; and
1775          (c) maintaining an archive of all public information posted to the website.
1776          [(6) The timing for posting and the content of the public information posted to the
1777     website shall be the responsibility of the public body or other entity posting the public
1778     information.]
1779          (8) A public body is responsible for the content the public body is required to post to
1780     the website and the timing of posting of that information.
1781          Section 46. Section 63I-1-204 is amended to read:
1782          63I-1-204. Repeal dates, Title 4.
1783          (1) Section 4-2-108, which creates the Agricultural Advisory Board, is repealed July 1,
1784     2023.
1785          (2) Section 4-17-104, which creates the State Weed Committee, is repealed July 1,
1786     2021.
1787          (3) Section 4-20-103, which creates the State Grazing Advisory Board, is repealed July
1788     1, 2022.
1789          (4) Sections 4-23-104 and 4-23-105, which create the Agricultural and Wildlife
1790     Damage Prevention Board, are repealed July 1, 2024.
1791          (5) Section 4-24-104, which creates the Livestock Brand Board, is repealed July 1,
1792     2025.

1793          (6) Section 4-35-103, which creates the Decision and Action Committee, is repealed
1794     July 1, 2026
1795          (7) Section 4-39-104, which creates the Domesticated Elk Act Advisory Council, is
1796     repealed July 1, 2027
1797          (8) Subsection 4-41a-105(2)(e)(i), related to the Native American Legislative Liaison
1798     Committee, is repealed July 1, 2022.
1799          Section 47. Section 63I-1-207 is enacted to read:
1800          63I-1-207. Repeal dates, Title 7.
1801          (1) Section 7-1-203, which creates the Board of Financial Institutions, is repealed July
1802     1, 2021.
1803          (2) Section 7-3-40, which creates the Board of Bank Advisors, is repealed July 1, 2022.
1804          (3) Section 7-9-43, which creates the Board of Credit Union Advisors, is repealed July
1805     1, 2023.
1806          Section 48. Section 63I-1-209 is amended to read:
1807          63I-1-209. Repeal dates, Title 9.
1808          (1) Section 9-6-305, which creates the State of Utah Alice Merrill Horne Art
1809     Collection Committee, is repealed July 1, 2027.
1810          (2) Sections 9-6-604 and 9-6-605, which create the Museum Services Advisory Board,
1811     are repealed July 1, 2027.
1812          [(1)] (3) In relation to the Native American Legislative Liaison Committee, on July 1,
1813     2022:
1814          (a) Subsection 9-9-104.6(2)(a) is repealed;
1815          (b) Subsection 9-9-104.6(4)(a), the language that states "who is not a legislator" is
1816     repealed; and
1817          (c) Subsection 9-9-104.6(4)(b), related to compensation of legislative members, is
1818     repealed.
1819          [(2) In relation to the American Indian and Alaska Native Education State Plan Pilot
1820     Program, on July 1, 2022:]
1821          [(a) Subsection 26-7-2.5(4), related to the American Indian-Alaskan Native Public
1822     Education Liaison, is repealed; and]
1823          [(b) Subsection 9-9-104.6(2)(d) is repealed.]

1824          (4) Section 9-9-405, which creates the Native American Remains Review Committee,
1825     is repealed July 1, 2025.
1826          (5) Title 9, Chapter 20, Utah Commission on Service and Volunteerism Act, is
1827     repealed July 1, 2026.
1828          Section 49. Section 63I-1-213 is amended to read:
1829          63I-1-213. Repeal dates, Title 13.
1830          (1) Section 13-32a-112, which creates the Pawnshop and Secondhand Merchandise
1831     Advisory Board, is repealed July 1, 2027.
1832          (2) Section 13-35-103, which creates the Powersport Motor Vehicle Franchise
1833     Advisory Board, is repealed July 1, 2022.
1834          (3) Section 13-43-202, which creates the Land Use and Eminent Domain Advisory
1835     Board, is repealed July 1, 2021.
1836          Section 50. Section 63I-1-217 is amended to read:
1837          63I-1-217. Repeal dates, Title 17.
1838          (1) Subsection 17-16-21(2)(d) is repealed July 1, 2023.
1839          (2) Title 17, Chapter 21a, Part 3, Administration and Standards, which creates the Utah
1840     Electronic Recording Commission, is repealed July 1, 2022.
1841          Section 51. Section 63I-1-223 is amended to read:
1842          63I-1-223. Repeal dates, Title 23.
1843          (1) Subsection 23-13-12.5(2)(f)(i), related to the Native American Legislative Liaison
1844     Committee, is repealed July 1, 2022.
1845          (2) Section 23-14-2.5, which creates the Wildlife Board Nominating Committee, is
1846     repealed July 1, 2023.
1847          (3) Section 23-14-2.6, which creates regional advisory councils for the Wildlife Board,
1848     is repealed July 1, 2023
1849          Section 52. Section 63I-1-226 is amended to read:
1850          63I-1-226. Repeal dates, Title 26.
1851          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
1852     Committee, is repealed July 1, 2024
1853          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
1854     July 1, 2025

1855          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
1856     1, 2025.
1857          [(1)] (4) Section 26-1-40 is repealed July 1, 2022.
1858          [(2)] (5) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
1859     July 1, 2025.
1860          (6) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
1861     is repealed July 1, 2026
1862          [(3)] (7) Section 26-10-11 is repealed July 1, 2020.
1863          (8) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
1864     July 1, 2025
1865          (9) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
1866     2027.
1867          [(4)] (10) Subsection 26-18-417(3) is repealed July 1, 2020.
1868          [(5)] (11) Subsection 26-18-418(2), the language that states "and the Mental Health
1869     Crisis Line Commission created in Section 63C-18-202" is repealed July 1, 2023.
1870          [(6)] (12) Section 26-18-419.1 is repealed December 31, 2019.
1871          (13) Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant Coordinating
1872     Committee, is repealed July 1, 2021
1873          [(7)] (14) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
1874     2024.
1875          [(8)] (15) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
1876     2024.
1877          [(9)] (16) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
1878     repealed July 1, 2024.
1879          [(10)] (17) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1880     1, 2024.
1881          (18) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
1882     Committee, is repealed July 1, 2024.
1883          (19) Section 26-40-104, which creates the Utah Children's Health Insurance Program
1884     Advisory Council, is repealed July 1, 2025.
1885          (20) Section 26-50-202, which creates the Traumatic Brain Injury Advisory

1886     Committee, is repealed July 1, 2025.
1887          [(11)] (21) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
1888     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, [2023]2025.
1889          [(12)] (22) Subsection 26-61a-108(2)(e)(i), related to the Native American Legislative
1890     Liaison Committee, is repealed July 1, 2022.
1891          [(13)] (23) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
1892     repealed July 1, 2026.
1893          (24) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
1894     2026
1895          Section 53. Section 63I-1-234 is amended to read:
1896          63I-1-234. Repeal dates, Titles 34 and 34A.
1897          (1) Subsection 34A-1-202(2)(c)(i), related to the Workers' Compensation Advisory
1898     Council, is repealed July 1, 2027.
1899          (2) Subsection 34A-1-202(2)(c)(iii), related to the Coal Miner Certification Panel, is
1900     repealed July 1, 2024.
1901          (3) Section 34A-2-107, which creates the Workers' Compensation Advisory Council, is
1902     repealed July 1, 2027.
1903          (4) Section 34A-2-202.5 is repealed December 31, 2020.
1904          Section 54. Section 63I-1-235 is amended to read:
1905          63I-1-235. Repeal dates, Title 35A.
1906          (1) Subsection 35A-1-109(4)(c), related to the Talent Ready Utah Board, is repealed
1907     January 1, 2023.
1908          (2) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
1909     repealed July 1, 2021.
1910          (3) Section 35A-3-205, which creates the Child Care Advisory Committee, is repealed
1911     July 1, 2021.
1912          [(2)] (4) Subsection 35A-4-312(5)(p), describing information that may be disclosed to
1913     the federal Wage and Hour Division, is repealed July 1, 2022.
1914          (5) Subsection 35A-4-502(5), which creates the Employment Advisory Council, is
1915     repealed July 1, 2022.
1916          [(3)] (6) Title 35A, Chapter 8, Part 22, Commission on Housing Affordability, is

1917     repealed July 1, 2023.
1918          [(4)] (7) Section 35A-9-501 is repealed January 1, 2021.
1919          [(5)] (8) Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
1920     January 1, 2025.
1921          (9) Sections 35A-13-301 and 35A-13-302, which create the Governor's Committee on
1922     Employment of People with Disabilities, are repealed July 1, 2023.
1923          (10) Section 35A-13-303, which creates the State Rehabilitation Advisory Council, is
1924     repealed July 1, 2024
1925          (11) Section 35A-13-404, which creates the advisory council for the Division of
1926     Services for the Blind and Visually Impaired, is repealed July 1, 2025
1927          (12) Sections 35A-13-603 and 35A-13-604, which create the Interpreter Certification
1928     Board, are repealed July 1, 2026.
1929          Section 55. Section 63I-1-236 is amended to read:
1930          63I-1-236. Repeal dates, Title 36.
1931          (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2023.
1932          [(2) Section 36-12-20 is repealed June 30, 2023.]
1933          [(3)] (2) Title 36, Chapter 22, Native American Legislative Liaison Committee, is
1934     repealed July 1, 2022.
1935          [(4)] (3) Title 36, Chapter 28, Veterans and Military Affairs Commission, is repealed
1936     January 1, 2025.
1937          [(5)] (4) Section 36-29-105 is repealed on December 31, 2020.
1938          [(6)] (5) Section 36-29-106 is repealed June 1, 2021.
1939          [(7)] (6) Title 36, Chapter 31, Martha Hughes Cannon Capitol Statue Oversight
1940     Committee, is repealed January 1, 2021.
1941          Section 56. Section 63I-1-240 is enacted to read:
1942          63I-1-240. Repeal dates, Title 40.
1943          Section 40-2-204, which creates the Coal Miner Certification Panel, is repealed July 1,
1944     2024.
1945          Section 57. Section 63I-1-241 is amended to read:
1946          63I-1-241. Repeal dates, Title 41.
1947          (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury

1948     Rehabilitation Fund, is repealed January 1, [2023]2025.
1949          (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1950     business regulation, is repealed July 1, 2024.
1951          [(2)] (3) The following subsections addressing lane filtering are repealed on July 1,
1952     2022:
1953          (a) Subsection 41-6a-102(29);
1954          (b) Subsection 41-6a-704(5); and
1955          (c) Subsection 41-6a-710(1)(c).
1956          [(3)] (4) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
1957     Rehabilitation Fund, is repealed January 1, [2023]2025.
1958          (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which create the Off-highway Vehicle
1959     Advisory Council, are repealed July 1, 2027.
1960          [(4)] (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury
1961     Rehabilitation Fund, is repealed January 1, [2023]2025.
1962          Section 58. Section 63I-1-253 is amended to read:
1963          63I-1-253. Repeal dates, Titles 53 through 53G.
1964          [The following provisions are repealed on the following dates:]
1965          (1) Section 53-2a-105, which creates the Emergency Management Administration
1966     Council, is repealed July 1, 2021.
1967          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
1968     Board, are repealed July 1, 2022.
1969          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
1970     July 1, 2023.
1971          [(1)] (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
1972     repealed July 1, 2022.
1973          [(2)] (5) Subsection 53-13-104(6), regarding being 19 years old at certification, is
1974     repealed July 1, 2022.
1975          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
1976     repealed July 1, 2024.
1977          [(3)] (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
1978          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is

1979     repealed January 1, 2025.
1980          [(4)] (9) Section 53B-18-1501 is repealed July 1, 2021.
1981          [(5)] (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1,
1982     2028.
1983          [(6)] (11) Section 53B-24-402, Rural residency training program, is repealed July 1,
1984     2020.
1985          [(7)] (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
1986     money from the Land Exchange Distribution Account to the Geological Survey for test wells,
1987     other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
1988     2020.
1989          (13) Title 53D, Chapter 1, Part 5, Nominating Committee, which creates the School
1990     and Institutional Trust Fund Nominating Committee, is repealed July 1, 2026.
1991          [(8)] (14) Section 53E-3-515 is repealed January 1, 2023.
1992          [(9)] (15) In relation to a standards review committee, on January 1, 2023:
1993          (a) in Subsection 53E-4-202(8), the language [that states] "by a standards review
1994     committee and the recommendations of a standards review committee established under
1995     Section 53E-4-203" is repealed; and
1996          (b) Section 53E-4-203 is repealed.
1997          [(10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:]
1998          [(a) Subsection 53B-17-1201(1) is repealed;]
1999          [(b) Section 53B-17-1203 is repealed;]
2000          [(c) Subsection 53B-17-1204(2) is repealed;]
2001          [(d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
2002     method described in Subsection (4)(c)" is repealed; and]
2003          [(e) Subsection 53B-17-1204(4)(c) is repealed.]
2004          (16) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
2005     custody, are repealed July 1, 2027.
2006          (17) Section 53E-4-402, which creates the State Instructional Materials Commission, is
2007     repealed July 1, 2022.
2008          (18) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
2009     repealed July 1, 2023.

2010          (19) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
2011     for the Deaf and the Blind, is repealed July 1, 2021.
2012          [(11)] (20) Section 53F-2-514 is repealed July 1, 2020.
2013          [(12)] (21) Section 53F-5-203 is repealed July 1, 2024.
2014          [(13)] (22) Section 53F-5-212 is repealed July 1, 2024.
2015          [(14)] (23) Section 53F-5-213 is repealed July 1, 2023.
2016          [(15)] (24) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native
2017     Education State Plan Pilot Program, is repealed July 1, 2022.
2018          [(16)] (25) Section 53F-6-201 is repealed July 1, 2019.
2019          (26) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
2020     Committee, is repealed July 1, 2024.
2021          [(17)] (27) Section 53F-9-501 is repealed January 1, 2023.
2022          [(18)] (28) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
2023     Commission, are repealed January 1, 2025.
2024          [(19)] (29) Subsection 53G-8-211(4), regarding referrals of a minor to court for a class
2025     C misdemeanor, is repealed July 1, 2020.
2026          Section 59. Section 63I-1-254 is amended to read:
2027          63I-1-254. Repeal dates, Title 54.
2028          (1) Section 54-10a-202, which creates the Committee of Consumer Services, is
2029     repealed July 1, 2025.
2030          (2) Title 54, Chapter 15, Net Metering of Electricity, is repealed January 1, 2036.
2031          Section 60. Section 63I-1-258 is amended to read:
2032          63I-1-258. Repeal dates, Title 58.
2033          (1) Section 58-3a-201, which creates the Architects Licensing Board, is repealed July
2034     1, 2026.
2035          [(1)] (2) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
2036     repealed July 1, 2026.
2037          [(2)] (3) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1,
2038     2025.
2039          [(3)] (4) Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1,
2040     2028.

2041          [(4)] (5) Section 58-37-4.3 is repealed January 1, 2020.
2042          [(5)] (6) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of
2043     Legislative Research and General Counsel is authorized to renumber the remaining subsections
2044     accordingly.
2045          [(6)] (7) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1,
2046     2023.
2047          [(7)] (8) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing
2048     Act, is repealed July 1, 2029.
2049          [(8)] (9) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1,
2050     2025.
2051          [(9)] (10) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is
2052     repealed July 1, 2023.
2053          [(10)] (11) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1,
2054     2024.
2055          (12) Subsection 58-55-201(2), which creates the Alarm System and Security Licensing
2056     Advisory Board, is repealed July 1, 2027.
2057          [(11)] (13) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed
2058     July 1, 2026.
2059          [(12)] (14) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027.
2060          [(13)] (15) Title 58, Chapter 86, State Certification of Commercial Interior Designers
2061     Act, is repealed July 1, 2021.
2062          [(14)] (16) The following sections are repealed on July 1, 2022:
2063          (a) Section 58-5a-502;
2064          (b) Section 58-31b-502.5;
2065          (c) Section 58-67-502.5;
2066          (d) Section 58-68-502.5; and
2067          (e) Section 58-69-502.5.
2068          Section 61. Section 63I-1-261 is amended to read:
2069          63I-1-261. Repeal dates, Title 61.
2070          Section 61-2c-104, which creates the Residential Mortgage Regulatory Commission, is
2071     repealed July 1, 2021.

2072          Section 62. Section 63I-1-262 is amended to read:
2073          63I-1-262. Repeal dates, Title 62A.
2074          (1) Subsections 62A-1-120(8)(g), (h), and (i) are repealed July 1, 2023.
2075          (2) Section 62A-3-209 is repealed July 1, 2023.
2076          (3) Section 62A-4a-202.9 is repealed December 31, 2021.
2077          (4) Section 62A-4a-213 is repealed July 1, 2024.
2078          (5) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which create the
2079     Coordination Council for Persons with Disabilities, are repealed July 1, 2022.
2080          [(5)] (6) Section 62A-15-114 is repealed December 31, 2021.
2081          [(6)] (7) Subsections 62A-15-116(1) and (4), the language that states "In consultation
2082     with the SafeUT and School Safety Commission, established in Section 53B-17-1203," is
2083     repealed January 1, 2023.
2084          (8) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
2085     Council, is repealed July 1, 2023.
2086          [(7)] (9) Subsections 62A-15-1100(1) and 62A-15-1101(8), in relation to the Utah
2087     Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
2088          [(8)] (10) In relation to the Mental Health Crisis Line Commission, on July 1, 2023:
2089          (a) Subsections 62A-15-1301(1) and 62A-15-1401(1) are repealed;
2090          (b) Subsection 62A-15-1302(1)(b), the language that states "in consultation with the
2091     commission" is repealed;
2092          (c) Section 62A-15-1303, the language that states "In consultation with the
2093     commission," is repealed; and
2094          (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
2095     from the commission," is repealed.
2096          Section 63. Section 63I-1-263 is amended to read:
2097          63I-1-263. Repeal dates, Titles 63A to 63N.
2098          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2099          (a) Subsection 63A-1-201(1) is repealed;
2100          (b) Subsection 63A-1-202(2)(c), the language [that states] "using criteria established by
2101     the board" is repealed;
2102          (c) Section 63A-1-203 is repealed;

2103          (d) Subsections 63A-1-204(1) and (2), the language [that states] "After consultation
2104     with the board, and" is repealed; and
2105          (e) Subsection 63A-1-204(1)(b), the language [that states] "using the standards
2106     provided in Subsection 63A-1-203(3)(c)" is repealed.
2107          (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
2108     improvement funding, is repealed on July 1, 2024.
2109          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
2110          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2111     Committee, are repealed July 1, 2023.
2112          [(4)] (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed
2113     July 1, 2028.
2114          [(5)] (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2115     2025.
2116          [(6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2117     2020.]
2118          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2119     2024.
2120          [(7)] (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act,
2121     is repealed July 1, 2021.
2122          [(8)] (9) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed
2123     July 1, 2023.
2124          (10) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2125     2025.
2126          (11) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
2127     Advisory Board, is repealed July 1, 2026.
2128          [(9)] (12) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
2129     July 1, 2025.
2130          [(10)] (13) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
2131     July 1, 2020.
2132          [(11)] (14) In relation to the State Fair Corporation Board of Directors, on January 1,
2133     2025:

2134          (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
2135          (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
2136          (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
2137     be a legislator, in accordance with Subsection (3)(e)," is repealed;
2138          (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
2139          "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
2140     Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
2141     year that the board member was appointed.";
2142          (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
2143     president of the Senate, the speaker of the House, the governor," is repealed and replaced with
2144     "the governor"; and
2145          (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
2146     repealed.
2147          [(12)] (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
2148     2026.
2149          [(13) Section 63M-7-212 is repealed on December 31, 2019.]
2150          [(14) On July 1, 2025:]
2151          [(a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
2152     Development Coordinating Committee," is repealed;]
2153          [(b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
2154     sites for the transplant of species to local government officials having jurisdiction over areas
2155     that may be affected by a transplant.";]
2156          [(c) in Subsection 23-14-21(3), the language that states "and the Resource
2157     Development Coordinating Committee" is repealed;]
2158          [(d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
2159     Coordinating Committee created in Section 63J-4-501 and" is repealed;]
2160          [(e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
2161     Coordinating Committee and" is repealed;]
2162          [(f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
2163     accordingly;]
2164          [(g) Subsections 63J-4-401(5)(a) and (c) are repealed;]

2165          [(h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
2166     word "and" is inserted immediately after the semicolon;]
2167          [(i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);]
2168          [(j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
2169     and]
2170          [(k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
2171     renumbered accordingly.]
2172          [(15)] (16) Subsection 63J-1-602.1(13), Nurse Home Visiting Restricted Account is
2173     repealed July 1, 2026.
2174          [(16)] (17) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah
2175     Marriage Commission, is repealed July 1, 2023.
2176          [(17)] (18) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is
2177     repealed July 1, 2022.
2178          [(18)] (19) (a) Subsection 63J-1-602.1(53), relating to the Utah Statewide Radio
2179     System Restricted Account, is repealed July 1, 2022.
2180          (b) When repealing Subsection 63J-1-602.1(53), the Office of Legislative Research and
2181     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
2182     necessary changes to subsection numbering and cross references.
2183          [(19)] (20) Subsection 63J-1-602.2[(23)](24), related to the Utah Seismic Safety
2184     Commission, is repealed January 1, 2025.
2185          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
2186     repealed July 1, 2027.
2187          (22) Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
2188     Committee, is repealed on July 1, 2021.
2189          [(20)] (23) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on
2190     January 1, 2023, is amended to read:
2191          "(1) On or before October 1, the board shall provide an annual written report to the
2192     Social Services Appropriations Subcommittee and the Economic Development and Workforce
2193     Services Interim Committee.".
2194          [(21)] (24) In relation to the Utah Substance Use and Mental Health Advisory Council,
2195     on January 1, 2023:

2196          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2197     repealed;
2198          (b) Section 63M-7-305, the language that states "council" is replaced with
2199     "commission";
2200          (c) Subsection 63M-7-305(1) is repealed and replaced with:
2201          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2202          (d) Subsection 63M-7-305(2) is repealed and replaced with:
2203          "(2) The commission shall:
2204          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2205     Drug-Related Offenses Reform Act; and
2206          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
2207     Subsections 77-18-1(5)(b)(iii) and (iv).".
2208          [(22)] (25) The Crime Victim Reparations and Assistance Board, created in Section
2209     63M-7-504, is repealed July 1, 2027.
2210          (26) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
2211     1, 2022.
2212          (27) Section 63M-10-202, which creates Serious Habitual Offender Comprehensive
2213     Action Program oversight committees, is repealed July 1, 2023.
2214          [(23)] (28) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2215     2021.
2216          [(24)] (29) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is
2217     repealed on January 1, 2023.
2218          (30) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
2219     Council, is repealed July 1, 2024.
2220          [(25)] (31) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2221          [(26)] (32) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
2222     is repealed January 1, 2021.
2223          (b) Subject to Subsection [(26)] (32)(c), Sections 59-7-610 and 59-10-1007 regarding
2224     tax credits for certain persons in recycling market development zones, are repealed for taxable
2225     years beginning on or after January 1, 2021.
2226          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:

2227          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
2228     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
2229          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
2230     the expenditure is made on or after January 1, 2021.
2231          (d) Notwithstanding Subsections [(26)] (32)(b) and (c), a person may carry forward a
2232     tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
2233          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
2234          (ii) (A) for the purchase price of machinery or equipment described in Section
2235     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
2236     2020; or
2237          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
2238     expenditure is made on or before December 31, 2020.
2239          [(27)] (33) Section 63N-2-512 is repealed on July 1, 2021.
2240          [(28)] (34) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
2241     January 1, 2021.
2242          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2243     calendar years beginning on or after January 1, 2021.
2244          (c) Notwithstanding Subsection [(28)] (34)(b), an entity may carry forward a tax credit
2245     in accordance with Section 59-9-107 if:
2246          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2247     31, 2020; and
2248          (ii) the qualified equity investment that is the basis of the tax credit is certified under
2249     Section 63N-2-603 on or before December 31, 2023.
2250          [(29)] (35) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1,
2251     2023.
2252          [(30)] (36) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
2253     repealed July 1, 2023.
2254          (37) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2255     2025.
2256          [(31)] (38) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
2257     Program, is repealed January 1, 2023.

2258          [(32)] (39) In relation to the Pete Suazo Utah Athletic Commission, on January 1,
2259     2021:
2260          (a) Subsection 63N-10-201(2)(a) is amended to read:
2261          "(2) (a) The governor shall appoint five commission members with the advice and
2262     consent of the Senate.";
2263          (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
2264          (c) in Subsection 63N-10-201(3)(a), the language [that states] ", president, or speaker,
2265     respectively," is repealed; and
2266          (d) Subsection 63N-10-201(3)(d) is amended to read:
2267          "(d) The governor may remove a commission member for any reason and replace the
2268     commission member in accordance with this section.".
2269          [(33) In relation to the Talent Ready Utah Board, on January 1, 2023:]
2270          [(a) Subsection 9-22-102(16) is repealed;]
2271          [(b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
2272     repealed; and]
2273          [(c) in Subsection 9-22-114(5), the language that states "representatives of Talent
2274     Ready Utah," is repealed.]
2275          [(34)] (40) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
2276     January 1, 2023.
2277          Section 64. Section 63I-1-265 is enacted to read:
2278          63I-1-265. Repeal dates, Title 65A.
2279          Section 65A-8-306, which creates the Heritage Trees Advisory Committee, is repealed
2280     July 1, 2026.
2281          Section 65. Section 63I-1-267 is amended to read:
2282          63I-1-267. Repeal dates, Title 67.
2283          (1) Section 67-1-8.1, which creates the Executive Residence Commission, is repealed
2284     July 1, 2022.
2285          [(1)] (2) Section 67-1-15 is repealed December 31, 2027.
2286          [(2)] (3) Section 67-3-11 is repealed July 1, 2024.
2287          (4) Title 67, Chapter 5a, Utah Prosecution Council, is repealed July 1, 2027.
2288          (5) Section 67-5b-105, which creates local advisory boards for the Children's Justice

2289     Center Program, is repealed July 1, 2021.
2290          Section 66. Section 63I-1-272 is amended to read:
2291          63I-1-272. Repeal dates, Title 72.
2292          (1) Subsection 72-2-121(9), which creates transportation advisory committees, is
2293     repealed July 1, 2022.
2294          (2) Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January
2295     2, 2025.
2296          Section 67. Section 63I-1-273 is amended to read:
2297          63I-1-273. Repeal dates, Title 73.
2298          (1) In relation to the Legislative Water Development Commission, on January 1, 2021:
2299          [(1)] (a) in Subsection 73-10g-105(3), the language that states "and in consultation
2300     with the State Water Development Commission created in Section 73-27-102" is repealed; and
2301          [(2)] (b) Subsection 73-10g-203(4)(a) is repealed[; and].
2302          (2) Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1,
2303     2025.
2304          (3) Section 73-18-3.5, which creates the Boating Advisory Council, is repealed July 1,
2305     2024
2306          [(3)] (4) Title 73, Chapter 27, State Water Development Commission, is repealed
2307     January 1, 2021.
2308          (5) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July 1,
2309     2023.
2310          Section 68. Section 63I-1-278 is amended to read:
2311          63I-1-278. Repeal dates, Title 78A and Title 78B.
2312          (1) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
2313     repealed July 1, 2029.
2314          (2) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
2315     2026.
2316          (3) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
2317     Support Guidelines Advisory Committee, is repealed July 1, 2026.
2318          Section 69. Section 63I-1-279 is enacted to read:
2319          63I-1-279. Repeal dates, Title 79.

2320          (1) Subsection 79-2-201(2)(n), related to the Heritage Trees Advisory Committee, is
2321     repealed July 1, 2026.
2322          (2) Subsection 79-2-201(2)(o), related to the Recreational Trails Advisory Council, is
2323     repealed July 1, 2027.
2324          (3) Subsection 79-2-201(2)(p), related to the Boating Advisory Council, is repealed
2325     July 1, 2024.
2326          (4) Subsection 79-2-201(2)(q), related to the Wildlife Board Nominating Committee, is
2327     repealed July 1, 2023.
2328          (5) Subsection 79-2-201(2)(r), related to regional advisory councils for the Wildlife
2329     Board, is repealed July 1, 2023.
2330          (6) Title 79, Chapter 5, Part 2, Advisory Council, which creates the Recreational Trails
2331     Advisory Council, is repealed July 1, 2027.
2332          Section 70. Section 63I-2-226 is amended to read:
2333          63I-2-226. Repeal dates, Title 26.
2334          (1) Subsection 26-1-7(1)(c), in relation to the Air Ambulance Committee, is repealed
2335     July 1, 2024.
2336          [(1)] (2) Subsection 26-7-8(3) is repealed January 1, 2027.
2337          [(2)] (3) Section 26-8a-107 is repealed July 1, 2024.
2338          [(3)] (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
2339          (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2340     26-8a-602(1)(a) is amended to read:
2341          "(a) provide the patient or the patient's representative with the following information
2342     before contacting an air medical transport provider:
2343          (i) which health insurers in the state the air medical transport provider contracts with;
2344          (ii) if sufficient data is available, the average charge for air medical transport services
2345     for a patient who is uninsured or out of network; and
2346          (iii) whether the air medical transport provider balance bills a patient for any charge
2347     not paid by the patient's health insurer; and".
2348          [(4)] (6) Subsection 26-18-2.3(5) is repealed January 1, 2020.
2349          [(5)] (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
2350          [(6)] (8) Subsection 26-18-411(8), related to reporting on the health coverage

2351     improvement program, is repealed January 1, 2023.
2352          [(7)] (9) Subsection 26-18-604(2) is repealed January 1, 2020.
2353          [(8)] (10) Subsection 26-21-28(2)(b) is repealed January 1, 2021.
2354          (11) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
2355     26-21-32(1)(a) is amended to read:
2356          "(a) provide the patient or the patient's representative with the following information
2357     before contacting an air medical transport provider:
2358          (i) which health insurers in the state the air medical transport provider contracts with;
2359          (ii) if sufficient data is available, the average charge for air medical transport services
2360     for a patient who is uninsured or out of network; and
2361          (iii) whether the air medical transport provider balance bills a patient for any charge
2362     not paid by the patient's health insurer; and".
2363          [(9)] (12) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
2364          [(10)] (13) Subsection 26-33a-106.5(6)(c)(iii) is repealed January 1, 2020.
2365          [(11)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
2366     Program, is repealed July 1, 2027.
2367          [(12) Subsection 26-50-202(7)(b) is repealed January 1, 2020.]
2368          [(13)] (15) Subsections 26-54-103(6)(d)(ii) and (iii) are repealed January 1, 2020.
2369          [(14)] (16) Subsection 26-55-107(8) is repealed January 1, 2021.
2370          [(15)] (17) Subsection 26-56-103(9)(d) is repealed January 1, 2020.
2371          [(16)] (18) Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
2372          [(17)] (19) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
2373          [(18)] (20) Subsection 26-61-202(5) is repealed January 1, 2022.
2374          Section 71. Section 63M-7-402 is amended to read:
2375          63M-7-402. Terms of members -- Vacancies -- Reappointment.
2376          (1) (a) Except as required by Subsection (1)(b), as terms of current commission
2377     members expire, the appointing authority shall appoint each new member or reappointed
2378     member to a four-year term.
2379          (b) Notwithstanding the requirements of Subsection (1)(a), the appointing authority
2380     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
2381     terms of commission members are staggered so that approximately half of the commission is

2382     appointed every two years.
2383          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
2384     appointed for the unexpired term.
2385          [(3) All members of the commission, including those appointed before July 1, 1995,
2386     shall be eligible for reappointment one time.]
2387          Section 72. Section 63N-7-103 is amended to read:
2388          63N-7-103. Board duties.
2389          (1) The [board] Board of Tourism Development:
2390          (a) has authority to approve a tourism program of out-of-state advertising, marketing,
2391     and branding, taking into account the long-term strategic plan, economic trends, and
2392     opportunities for tourism development on a statewide basis, as a condition of the distribution of
2393     funds to the office from the:
2394          (i) Tourism Marketing Performance Account created in Section 63N-7-301; and
2395          (ii) Stay Another Day and Bounce Back Account, created in Section 63N-2-511;
2396          (b) shall review office programs to coordinate and integrate advertising and branding
2397     themes, which may include recreational, scenic, historic, and tourist attractions of the state, to
2398     be used in office programs;
2399          (c) shall encourage and assist in coordinating activities of persons, firms, associations,
2400     corporations, civic groups, and governmental agencies that are engaged in publicizing,
2401     developing, and promoting the scenic attractions and tourist advantages of the state; and
2402          (d) shall advise the office in establishing a cooperative program using funds from the
2403     Tourism Marketing Performance Account created in Section 63N-7-301.
2404          (2) The board may:
2405          (a) solicit and accept contributions of money, services, and facilities from any other
2406     sources, public or private and shall use these funds for promoting the general interest of the
2407     state in tourism; and
2408          (b) establish subcommittees for the purpose of assisting the board in an advisory role.
2409          (3) The [board] Board of Tourism Development may not, except as otherwise provided
2410     in Subsection (1)(a), make policy related to the management or operation of the office.
2411          [(4) (a) For each fiscal year, the office shall allocate 20% of the funds appropriated to
2412     the Tourism Marketing and Performance Account created in Section 63N-7-301 to the

2413     cooperative program described in Subsection (1)(d) and this Subsection (4).]
2414          [(b) Money allocated to the cooperative program may be awarded to cities, counties,
2415     nonprofit destination marketing organizations, and similar public entities for the purpose of
2416     supplementing money committed by these entities for advertising and promoting sites and
2417     events in the state.]
2418          [(c) The office, with approval from the board, shall establish:]
2419          [(i) an application and approval process for an entity to receive a cooperative program
2420     award, including an application deadline;]
2421          [(ii) the criteria for awarding a cooperative program award, which shall emphasize
2422     attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
2423     the state; and]
2424          [(iii) eligibility, advertising, timing, and reporting requirements of an entity that
2425     receives a cooperative program award.]
2426          [(d) Money allocated to the cooperative program that is not used in each fiscal year
2427     shall be returned to the Tourism Marketing Performance Account.]
2428          Section 73. Section 63N-7-301 is amended to read:
2429          63N-7-301. Tourism Marketing Performance Account.
2430          (1) There is created within the General Fund a restricted account known as the Tourism
2431     Marketing Performance Account.
2432          (2) The account shall be administered by GOED for the purposes listed in Subsection
2433     (5).
2434          (3) (a) The account shall earn interest.
2435          (b) All interest earned on account money shall be deposited into the account.
2436          (4) The account shall be funded by appropriations made to the account by the
2437     Legislature in accordance with this section.
2438          (5) The executive director of GOED's Office of Tourism shall use account money
2439     appropriated to GOED to pay for the statewide advertising, marketing, and branding campaign
2440     for promotion of the state as conducted by GOED.
2441          (6) (a) For each fiscal year beginning on or after July 1, 2007, GOED shall annually
2442     allocate 10% of the account money appropriated to GOED to a sports organization for
2443     advertising, marketing, branding, and promoting Utah in attracting sporting events into the

2444     state.
2445          (b) The sports organization shall:
2446          (i) provide an annual written report to GOED that gives an accounting of the use of
2447     funds the sports organization receives under this Subsection (6); and
2448          (ii) promote the state and encourage economic growth in the state.
2449          (c) For purposes of this Subsection (6), "sports organization" means an organization
2450     that:
2451          (i) is exempt from federal income taxation in accordance with Section 501(c)(3),
2452     Internal Revenue Code;
2453          (ii) maintains its principal location in the state;
2454          (iii) has a minimum of 15 years experience in the state hosting, fostering, and attracting
2455     major summer and winter sporting events statewide; and
2456          (iv) was created to foster state, regional, national, and international sports competitions
2457     in the state, to drive the state's Olympic and sports legacy, including competitions related to
2458     Olympic sports, and to promote and encourage sports tourism throughout the state, including
2459     advertising, marketing, branding, and promoting the state for the purpose of attracting sporting
2460     events in the state.
2461          (7) Money deposited into the account shall include a legislative appropriation from the
2462     cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
2463     appropriation made by the Legislature.
2464          (8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
2465     revenues determined under this Subsection (8) shall be certified by the State Tax Commission
2466     as a set-aside for the account, and the State Tax Commission shall report the amount of the
2467     set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
2468     which shall set aside the certified amount for appropriation to the account.
2469          (b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
2470     set-aside under this Subsection (8) in each fiscal year by applying one of the following
2471     formulas: if the annual percentage change in the Consumer Price Index for All Urban
2472     Consumers, as published by the Bureau of Labor Statistics of the United States Department of
2473     Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made is:
2474          (i) greater than 3%, and if the annual percentage change in the state sales and use tax

2475     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
2476     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
2477     years before the fiscal year in which the set-aside is to be made is greater than the annual
2478     percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
2479     year in which the set-aside is to be made, then the difference between the annual percentage
2480     change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
2481     goods and services and the annual percentage change in the Consumer Price Index shall be
2482     multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
2483     sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
2484     year in which the set-aside is to be made; or
2485          (ii) 3% or less, and if the annual percentage change in the state sales and use tax
2486     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
2487     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
2488     years before the fiscal year in which the set-aside is to be made is greater than 3%, then the
2489     difference between the annual percentage change in the state sales and use tax revenues
2490     attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
2491     by an amount equal to the state sales and use tax revenues attributable to the retail sales of
2492     tourist-oriented goods and services from the fiscal year three years before the fiscal year in
2493     which the set-aside is to be made.
2494          (c) The total money appropriated to the account in a fiscal year under Subsections
2495     (8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
2496     year by more than $3,000,000.
2497          (d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
2498     collected under Subsections 59-12-103(2)(a)(i)(A) and 59-12-103(2)(c)(i).
2499          (e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
2500     are calculated by adding the following percentages of sales from each business registered with
2501     the State Tax Commission under one of the following codes of the 2012 North American
2502     Industry Classification System of the federal Executive Office of the President, Office of
2503     Management and Budget:
2504          (i) 80% of the sales from each business under NAICS Codes:
2505          (A) 532111 Passenger Car Rental;

2506          (B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;
2507          (C) 5615 Travel Arrangement and Reservation Services;
2508          (D) 7211 Traveler Accommodation; and
2509          (E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;
2510          (ii) 25% of the sales from each business under NAICS Codes:
2511          (A) 51213 Motion Picture and Video Exhibition;
2512          (B) 532292 Recreational Goods Rental;
2513          (C) 711 Performing Arts, Spectator Sports, and Related Industries;
2514          (D) 712 Museums, Historical Sites, and Similar Institutions; and
2515          (E) 713 Amusement, Gambling, and Recreation Industries;
2516          (iii) 20% of the sales from each business under NAICS Code 722 Food Services and
2517     Drinking Places;
2518          (iv) 18% of the sales from each business under NAICS Codes:
2519          (A) 447 Gasoline Stations; and
2520          (B) 81293 Parking Lots and Garages;
2521          (v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
2522     and Maintenance; and
2523          (vi) 5% of the sales from each business under NAICS Codes:
2524          (A) 445 Food and Beverage Stores;
2525          (B) 446 Health and Personal Care Stores;
2526          (C) 448 Clothing and Clothing Accessories Stores;
2527          (D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;
2528          (E) 452 General Merchandise Stores; and
2529          (F) 453 Miscellaneous Store Retailers.
2530          (9) (a) For each fiscal year, the office shall allocate 20% of the funds appropriated to
2531     the Tourism Marketing and Performance Account to the cooperative program described in this
2532     Subsection (9).
2533          (b) Money allocated to the cooperative program may be awarded to cities, counties,
2534     nonprofit destination marketing organizations, and similar public entities for the purpose of
2535     supplementing money committed by these entities for advertising and promoting sites and
2536     events in the state.

2537          (c) The office shall establish:
2538          (i) an application and approval process for an entity to receive a cooperative program
2539     award, including an application deadline;
2540          (ii) the criteria for awarding a cooperative program award, which shall emphasize
2541     attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
2542     the state; and
2543          (iii) eligibility, advertising, timing, and reporting requirements of an entity that
2544     receives a cooperative program award.
2545          (d) Money allocated to the cooperative program that is not used in each fiscal year shall
2546     be returned to the Tourism Marketing Performance Account.
2547          Section 74. Section 67-1-2.5 is amended to read:
2548          67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
2549          (1) As used in this section:
2550          (a) "Administrator" means the boards and commissions administrator designated under
2551     Subsection [(2)] (3).
2552          (b) "Executive board" means [any] an executive branch board, commission, council,
2553     committee, working group, task force, study group, advisory group, or other body:
2554          (i) with a defined limited membership;
2555          (ii) that is created [to operate for more than six months] by the constitution, by statute,
2556     by executive order, by the governor, lieutenant governor, attorney general, state auditor, or state
2557     treasurer or by the head of a department, division, or other administrative subunit of the
2558     executive branch of state government[.]; and
2559          (iii) that is created to operate for more than six months.
2560          (2) (a) [Before September] Except as provided in Subsection (2)(c), before August 1 of
2561     the calendar year following the year in which [the Legislature creates] a new executive board is
2562     created in statute, the governor shall:
2563          (i) review the executive board to evaluate:
2564          (A) whether the executive board accomplishes a substantial governmental interest; and
2565          (B) whether it is necessary for the executive board to remain in statute;
2566          (ii) in the governor's review [under] described in Subsection (2)(a)(i), consider:
2567          (A) the funding required for the executive board;

2568          (B) the staffing resources required for the executive board;
2569          (C) the time members of the executive board are required to commit to serve on the
2570     executive board; and
2571          (D) whether the responsibilities of the executive board could reasonably be
2572     accomplished through an existing entity or without statutory direction; and
2573          (iii) submit a report to the Government Operations Interim Committee recommending
2574     that the Legislature:
2575          (A) repeal the executive board;
2576          (B) add a sunset provision or future repeal date to the executive board;
2577          (C) make other changes to make the executive board more efficient; or
2578          (D) make no changes to the executive board.
2579          (b) In conducting the evaluation [and making the report] described in Subsection
2580     (2)(a), the governor shall give deference to:
2581          (i) reducing the size of government; and
2582          (ii) making governmental programs more efficient and effective.
2583          [(c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the
2584     Government Operations Interim Committee shall vote on whether to address the
2585     recommendations made by the governor in the report and prepare legislation accordingly.]
2586          (c) The governor is not required to conduct the review or submit the report described in
2587     Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1,
2588     Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
2589          (3) (a) The governor shall designate a board and commissions administrator from the
2590     governor's staff to maintain a computerized database containing information about all
2591     executive boards.
2592          (b) The administrator shall ensure that the database contains:
2593          (i) the name of each executive board;
2594          (ii) the current statutory or constitutional authority for the creation of the executive
2595     board;
2596          (iii) the sunset date on which each executive board's statutory authority expires;
2597          (iv) the state officer or department and division of state government under whose
2598     jurisdiction the executive board operates or with which the executive board is affiliated, if any;

2599          (v) the name, address, gender, telephone number, and county of each individual
2600     currently serving on the executive board, along with a notation of all vacant or unfilled
2601     positions;
2602          (vi) the title of the position held by the person who appointed each member of the
2603     executive board;
2604          (vii) the length of the term to which each member of the executive board was
2605     appointed and the month and year that each executive board member's term expires;
2606          (viii) whether or not members appointed to the executive board require consent of the
2607     Senate;
2608          (ix) the organization, interest group, profession, local government entity, or geographic
2609     area that an individual appointed to an executive board represents, if any;
2610          (x) the party affiliation of an individual appointed to an executive board, if the statute
2611     or executive order creating the position requires representation from political parties;
2612          (xi) whether each executive board is a policy board or an advisory board;
2613          (xii) whether the executive board has or exercises rulemaking authority; and
2614          (xiii) any compensation and expense reimbursement that members of the executive
2615     board are authorized to receive.
2616          (4) The administrator shall [place the following on the] ensure the governor's website
2617     includes:
2618          (a) the information contained in the database[;], except for an individual's:
2619          (i) physical address;
2620          (ii) email address; and
2621          (iii) telephone number;
2622          (b) a portal, accessible on each executive board's web page within the governor's
2623     website, through which a member of the public may provide input on:
2624          (i) an individual appointed to serve on the executive board; or
2625          (ii) a sitting member of the executive board;
2626          [(b)] (c) each report the administrator receives under Subsection (5); and
2627          [(c)] (d) the summary report described in Subsection (6).
2628          (5) (a) Before August 1 [of each year], once every five years, beginning in calendar
2629     year 2024, each executive board shall prepare and submit to the administrator [an annual] a

2630     report that includes:
2631          (i) the name of the executive board;
2632          (ii) a description of the executive board's official function and purpose;
2633          (iii) a description of the [actual work performed] actions taken by the executive board
2634     since the last report the executive board submitted to the administrator under this Subsection
2635     (5);
2636          [(iv) a description of actions taken by the executive board since the last report the
2637     executive board submitted to the administrator under this Subsection (5);]
2638          [(v)] (iv) recommendations on whether any statutory, rule, or other changes are needed
2639     to make the executive board more effective; and
2640          [(vi)] (v) an indication of whether the executive board should continue to exist.
2641          (b) The administrator shall compile and post the reports described in Subsection (5)(a)
2642     to the governor's website before September 1 of [each year.] a calendar year in which the
2643     administrator receives a report described in Subsection (5)(a).
2644          [(c) An executive board is not required to submit a report under this Subsection (5) if
2645     the executive board:]
2646          [(i) is also a legislative board under Section 36-12-22; and]
2647          [(ii) submits a report under Section 36-12-22.]
2648          [(6) (a) The administrator shall prepare, publish, and distribute an annual report by
2649     September 1 of each year that includes:]
2650          [(i) as of August 1 of that year:]
2651          (6) (a) Before September 1 of a calendar year in which the administrator receives a
2652     report described in Subsection (5)(a), the administrator shall prepare a report that includes:
2653          [(A)] (i) as of July 1 of that year, the total number of executive boards that exist;
2654          [(B) the name of each of those executive boards and the state officer or department and
2655     division of state government under whose jurisdiction the executive board operates or with
2656     which the executive board is affiliated, if any;]
2657          [(C) for each state officer and each department and division, the total number of
2658     executive boards under the jurisdiction of or affiliated with that officer, department, and
2659     division;]
2660          [(D) the total number of members for each of those executive boards;]

2661          [(E) whether or not some or all of the members of each of those executive boards are
2662     approved by the Senate;]
2663          [(F) whether each board is a policymaking board or an advisory board and the total
2664     number of policy boards and the total number of advisory boards; and]
2665          [(G) the compensation, if any, paid to the members of each of those executive boards;
2666     and]
2667          (ii) a summary of the reports submitted to the administrator under Subsection (5),
2668     including:
2669          (A) a list of each executive board that submitted a report under Subsection (5);
2670          (B) a list of each executive board that did not submit a report under Subsection (5);
2671          (C) an indication of any recommendations made under Subsection (5)(a)[(v)](iv); and
2672          (D) a list of any executive boards that indicated under Subsection (5)(a)[(vi)](v) that
2673     the executive board should no longer exist[.]; and
2674          (iii) a list of each executive board, identified and reported by the Division of Archives
2675     and Record Services under Section 63F-1-701, that did not post a notice of a public meeting on
2676     the public notice website during the previous fiscal year.
2677          [(b) The administrator shall distribute copies of the report described in Subsection
2678     (6)(a) to:]
2679          [(i) the governor;]
2680          (b) On or before September 1 of a calendar year in which the administrator prepares a
2681     report described in Subsection (6)(a), in accordance with Section 68-3-14, the administrator
2682     shall submit the report to:
2683          [(ii)] (i) the president of the Senate;
2684          [(iii)] (ii) the speaker of the House of Representatives; and
2685          [(iv) the Office of Legislative Research and General Counsel;]
2686          [(v)] (iii) the Government Operations Interim Committee[; and].
2687          [(vi) any other persons who request a copy of the annual report.]
2688          [(c) Each year, the Government Operations Interim Committee shall prepare legislation
2689     making any changes the committee determines are suitable with respect to the report the
2690     committee receives under Subsection (6)(b), including:]
2691          [(i) repealing an executive board that is no longer functional or necessary; and]

2692          [(ii) making appropriate changes to make an executive board more effective.]
2693          Section 75. Section 71-7-3 is amended to read:
2694          71-7-3. Development, operation, and maintenance of Utah Veterans Cemetery
2695     and Memorial Park -- Responsibilities of Department of Veterans and Military Affairs --
2696     Costs -- Definition.
2697          (1) The Department of Veterans and Military Affairs[, in consultation with the
2698     Veterans Memorial Park Board,] shall develop, operate, and maintain a veterans cemetery and
2699     memorial park.
2700          (2) To help pay the costs of developing, constructing, operating, and maintaining a
2701     veterans cemetery and memorial park, the Department of Veterans and Military Affairs may:
2702          (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
2703     Funds Procedures Act, receive federal funds, and may receive state funds, contributions from
2704     veterans organizations, and other private donations; and
2705          (b) charge fees for at least the cost of the burial of a veteran's spouse and any other
2706     persons, whom the department [and the Veterans Memorial Park Board] determines are eligible
2707     to be buried in a veterans cemetery established by the state.
2708          (3) "Veteran" has the same meaning as defined in Section 68-3-12.5.
2709          Section 76. Repealer.
2710          This bill repeals:
2711          Section 4-30-103, Livestock Market Committee created -- Composition -- Terms --
2712     Removal -- Compensation -- Duties.
2713          Section 9-6-801, Title.
2714          Section 9-6-802, Definitions.
2715          Section 9-6-803, Arts and Culture Business Alliance -- Creation -- Members --
2716     Vacancies.
2717          Section 9-6-804, Alliance duties.
2718          Section 9-6-805, Staff support -- Rulemaking.
2719          Section 9-7-301, Board of control.
2720          Section 23-14-2.8, Private Aquaculture Advisory Council.
2721          Section 26-39-202, Members serve without pay -- Reimbursement for expenses.
2722          Section 36-12-20, Development of proposed energy producer states' agreement --

2723     Membership selection -- Agreements -- Goals -- Meetings -- Reports.
2724          Section 38-11-104, Board.
2725          Section 53-3-908, Advisory committee.
2726          Section 58-46a-201, Board.
2727          Section 58-64-201, Board.
2728          Section 63M-3-101, Title.
2729          Section 63M-3-102, Legislative findings -- Purpose of act.
2730          Section 63M-3-103, Definitions.
2731          Section 63M-3-201, Contract for pilot plant -- Contents -- Financing --
2732     Termination of contract.
2733          Section 63M-3-202, Intellectual properties discovered or developed -- Ownership --
2734     Patenting -- Licensing.
2735          Section 71-7-4, Veterans Memorial Park Board -- Members -- Appointment --
2736     Meetings -- Per diem and travel expenses.
2737          Section 77. Coordinating H.B. 10 with H.B. 46 -- Substantive language.
2738          If this H.B. 10 and H.B. 46, Arts and Museums Revisions, both pass and become law, it
2739     is the intent of the Legislature that the Office of Legislative Research and General Counsel
2740     prepare the Utah Code database for publication by amending Subsections 63I-1-209(1) and (2)
2741     to read:
2742          "(1) Section 9-6-303, which creates the Arts Collection Committee, is repealed July 1,
2743     2027.
2744          (2) Section 9-6-305, which creates the Utah Museums Advisory Board, is repealed July
2745     1, 2027.".
2746          Section 78. Coordinating H.B. 10 with S.B. 60 -- Superseding technical and
2747     substantive amendments.
2748          If this H.B. 10 and S.B. 60, Advice and Consent Amendments, both pass and become
2749     law, it is the intent of the Legislature that the amendments to Section 26-21-3 in this bill
2750     supersede the amendments to Section 26-21-3 in S.B. 60 when the Office of Legislative
2751     Research and General Counsel prepares the Utah Code database for publication.
2752