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7 LONG TITLE
8 General Description:
9 This bill modifies parts of the Utah Code to make technical corrections.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies parts of the Utah Code to make technical corrections, including
13 eliminating references to repealed provisions, eliminating redundant or obsolete
14 language, making minor wording changes, updating cross-references, and correcting
15 numbering and other errors.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 3-1-11, as last amended by Laws of Utah 2010, Chapter 378
23 4-4-107, as enacted by Laws of Utah 2019, Chapter 138
24 4-5-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
25 4-10-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
26 4-15-110, as renumbered and amended by Laws of Utah 2017, Chapter 345
27 4-16-501, as renumbered and amended by Laws of Utah 2017, Chapter 345
28 4-32a-208, as enacted by Laws of Utah 2019, Chapter 315
29 7-3-3, as last amended by Laws of Utah 2013, Chapter 73
30 7-25-102, as last amended by Laws of Utah 2019, Chapter 353
31 10-1-307, as last amended by Laws of Utah 2011, Chapter 309
32 10-1-405, as last amended by Laws of Utah 2012, Chapter 422
33 10-5-132, as last amended by Laws of Utah 2019, Chapter 20
34 11-13-602, as enacted by Laws of Utah 2016, Chapter 382
35 11-17-2, as last amended by Laws of Utah 2016, Chapter 176
36 11-59-202, as enacted by Laws of Utah 2018, Chapter 388
37 13-32a-104, as last amended by Laws of Utah 2019, Chapter 309
38 13-32a-110, as last amended by Laws of Utah 2019, Chapter 309
39 13-32a-111, as last amended by Laws of Utah 2019, Chapter 309
40 13-32a-112, as last amended by Laws of Utah 2019, Chapter 309
41 16-6a-1008.7, as last amended by Laws of Utah 2013, Chapter 412
42 17-27a-602, as last amended by Laws of Utah 2019, Chapter 384
43 17-27a-604.5, as last amended by Laws of Utah 2019, Chapter 384
44 17-50-335, as last amended by Laws of Utah 2016, Chapter 371
45 17B-1-202, as last amended by Laws of Utah 2016, Chapter 371
46 17B-2a-1207, as enacted by Laws of Utah 2019, Chapter 490
47 17D-1-103, as last amended by Laws of Utah 2018, Chapter 256
48 17D-1-201, as last amended by Laws of Utah 2016, Chapter 371
49 19-1-404, as last amended by Laws of Utah 2014, Chapter 295
50 19-2-104, as last amended by Laws of Utah 2015, Chapter 154
51 19-6-102.1, as last amended by Laws of Utah 2018, Chapter 281
52 19-6-104, as last amended by Laws of Utah 2019, Chapter 152
53 19-6-715, as last amended by Laws of Utah 2011, Chapter 309
54 19-6-808, as last amended by Laws of Utah 2011, Chapter 309
55 20A-1-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
56 20A-3-302, as last amended by Laws of Utah 2019, Chapter 255
57 20A-7-402, as last amended by Laws of Utah 2019, Chapters 203, 255 and last
58 amended by Coordination Clause, Laws of Utah 2019, Chapter 203
59 26-18-416, as last amended by Laws of Utah 2019, Chapters 136 and 393
60 26-19-302, as renumbered and amended by Laws of Utah 2018, Chapter 443
61 26-61a-113, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
62 26-61a-301, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
63 26-61a-602, as repealed and reenacted by Laws of Utah 2019, First Special Session,
64 Chapter 5
65 26-61a-604, as repealed and reenacted by Laws of Utah 2019, First Special Session,
66 Chapter 5
67 26-61a-702, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
68 30-3-37, as last amended by Laws of Utah 2014, Chapter 162
69 31A-2-218, as last amended by Laws of Utah 2015, Chapter 283
70 31A-30-106.1, as last amended by Laws of Utah 2017, Chapter 168
71 31A-30-112, as last amended by Laws of Utah 2013, Chapter 341
72 31A-30-115, as last amended by Laws of Utah 2013, Chapters 319 and 341
73 31A-30-117, as last amended by Laws of Utah 2015, Chapter 283
74 32B-7-408, as enacted by Laws of Utah 2019, Chapter 403
75 32B-10-206, as enacted by Laws of Utah 2010, Chapter 276
76 32B-10-605, as enacted by Laws of Utah 2010, Chapter 276
77 32B-12-301, as enacted by Laws of Utah 2010, Chapter 276
78 34A-1-205, as last amended by Laws of Utah 2013, Chapter 428
79 34A-2-109, as renumbered and amended by Laws of Utah 1997, Chapter 375
80 35A-1-104.5, as last amended by Laws of Utah 2015, Chapter 283
81 35A-3-203, as last amended by Laws of Utah 2019, Chapter 89
82 38-11-202, as last amended by Laws of Utah 2018, Chapter 229
83 41-1a-422, as last amended by Laws of Utah 2019, Chapters 38 and 213
84 41-1a-1008, as last amended by Laws of Utah 2013, Chapter 463
85 41-3-105, as last amended by Laws of Utah 2018, Chapter 387
86 41-6a-102, as last amended by Laws of Utah 2019, Chapters 49, 391, 428, and 459
87 51-11-102, as enacted by Laws of Utah 2018, Chapter 253
88 53E-1-201, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
89 Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
90 53E-1-202, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
91 Coordination Clause, Laws of Utah 2019, Chapter 223
92 53E-7-204, as repealed and reenacted by Laws of Utah 2019, Chapter 187 and last
93 amended by Coordination Clause, Laws of Utah 2019, Chapter 187
94 53E-7-208, as repealed and reenacted by Laws of Utah 2019, Chapter 187
95 53E-8-403, as last amended by Laws of Utah 2019, Chapter 314
96 53F-2-504, as last amended by Laws of Utah 2019, Chapters 134, 186, and 283
97 53F-5-202, as last amended by Laws of Utah 2019, Chapters 186 and 283
98 53F-5-212, as enacted by Laws of Utah 2019, Chapter 173
99 53F-9-201, as last amended by Laws of Utah 2019, Chapter 191
100 53G-7-306, as last amended by Laws of Utah 2019, Chapter 293
101 53G-7-903, as renumbered and amended by Laws of Utah 2018, Chapter 3
102 53G-8-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
103 53G-8-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
104 53G-9-208, as last amended by Laws of Utah 2019, Chapters 293 and 349
105 53G-10-402, as last amended by Laws of Utah 2019, Chapters 196 and 293
106 53G-11-501, as last amended by Laws of Utah 2019, Chapter 293
107 58-1-501.7, as last amended by Laws of Utah 2019, Chapter 193
108 58-9-102, as last amended by Laws of Utah 2018, Chapter 326
109 58-28-606, as enacted by Laws of Utah 2015, Chapter 61
110 58-37-8, as last amended by Laws of Utah 2019, Chapter 58
111 59-2-919, as last amended by Laws of Utah 2019, Chapters 322 and 450
112 59-2-924, as last amended by Laws of Utah 2018, Chapters 101, 368, and 415
113 59-2-1905, as enacted by Laws of Utah 2019, Chapter 453
114 59-7-104, as last amended by Laws of Utah 2019, Chapter 418
115 59-7-610, as last amended by Laws of Utah 2019, Chapter 247
116 59-7-614.10, as last amended by Laws of Utah 2019, Chapter 247
117 59-7-624, as enacted by Laws of Utah 2019, Chapter 247
118 59-10-136, as last amended by Laws of Utah 2019, Chapter 323
119 59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
120 59-10-1037, as last amended by Laws of Utah 2019, Chapter 247
121 59-10-1112, as enacted by Laws of Utah 2019, Chapter 247
122 59-12-102, as last amended by Laws of Utah 2019, Chapters 325, 481, and 486
123 59-12-104, as last amended by Laws of Utah 2019, Chapters 136 and 486
124 59-26-104, as last amended by Laws of Utah 2011, Chapter 309
125 62A-4a-202.9, as enacted by Laws of Utah 2017, Chapter 459
126 63A-5-225, as last amended by Laws of Utah 2019, Chapter 246
127 63F-2-102, as last amended by Laws of Utah 2018, Chapter 81
128 63G-1-401, as last amended by Laws of Utah 2019, Chapters 47, 82, 91, 123, 308, and
129 310
130 63G-6a-204, as last amended by Laws of Utah 2019, Chapter 454
131 63G-6a-712, as enacted by Laws of Utah 2018, Chapter 352
132 63G-6a-1209, as enacted by Laws of Utah 2013, Chapter 445
133 63G-6a-1403, as last amended by Laws of Utah 2017, Chapter 348
134 63H-1-201, as last amended by Laws of Utah 2017, Chapter 216
135 63I-1-230, as last amended by Laws of Utah 2018, Chapter 347
136 63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
137 325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
138 246
139 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
140 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
141 246
142 63I-2-226, as last amended by Laws of Utah 2019, Chapters 262, 393, 405 and last
143 amended by Coordination Clause, Laws of Utah 2019, Chapter 246
144 63I-2-231, as last amended by Laws of Utah 2019, Chapter 55
145 63I-2-235, as last amended by Laws of Utah 2018, Chapter 423
146 63I-2-253, as last amended by Laws of Utah 2019, Chapters 41, 129, 136, 223, 324,
147 325, and 444
148 63I-2-258, as last amended by Laws of Utah 2018, Chapter 38
149 63I-2-259, as last amended by Laws of Utah 2018, Second Special Session, Chapter 6
150 63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
151 and 483
152 63I-2-272, as last amended by Laws of Utah 2019, Chapters 136 and 246
153 63J-4-608, as enacted by Laws of Utah 2019, Chapter 374
154 63M-2-503, as last amended by Laws of Utah 2019, Chapter 352
155 63M-2-504, as last amended by Laws of Utah 2019, Chapter 352
156 63M-7-202, as last amended by Laws of Utah 2019, Chapter 401
157 63M-13-202, as enacted by Laws of Utah 2019, Chapter 34
158 63N-1-501, as renumbered and amended by Laws of Utah 2015, Chapter 283
159 63N-4-302, as last amended by Laws of Utah 2019, Chapter 465
160 64-13e-102, as last amended by Laws of Utah 2018, Chapter 374
161 72-16-306, as enacted by Laws of Utah 2019, Chapter 244
162 73-10-1, as last amended by Laws of Utah 2007, Chapter 329
163 75-9-105, as enacted by Laws of Utah 2016, Chapter 256
164 76-5-702, as enacted by Laws of Utah 2019, Chapter 398
165 77-18-1, as last amended by Laws of Utah 2019, Chapters 28 and 429
166 77-40-102 (Effective 05/01/20), as last amended by Laws of Utah 2019, Chapter 448
167 78A-6-115, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
168 78B-6-133, as last amended by Laws of Utah 2019, Chapter 335
169 REPEALS:
170 19-2-305, as enacted by Laws of Utah 2015, Chapter 381
171
172 Be it enacted by the Legislature of the state of Utah:
173 Section 1. Section 3-1-11 is amended to read:
174 3-1-11. Certificates of and termination of membership -- Dividends and
175 distribution of reserves -- Preferred stock -- Certificates of interest -- Unclaimed credits.
176 (1) No certificate for membership or stock shall be issued until fully paid for, but
177 bylaws may provide that a member may vote and hold office prior to payment in full for his
178 membership or stock.
179 (2) Dividends in excess of eight per centum per annum on the actual cash value of the
180 consideration received by the association may not be paid on common stock or membership
181 capital, but dividends may be cumulative if so provided in the articles or bylaws.
182 (3) (a) Savings in excess of dividends and additions to reserves and surplus shall be
183 distributed on the basis of patronage.
184 (b) The bylaws may provide that any distribution to a nonmember, who is eligible for
185 membership, may be credited to that nonmember until the amount of the distribution equals the
186 value of a membership certificate, or a share of the association's common stock.
187 (c) The distribution credited to the account of the nonmember may be transferred to the
188 membership fund at the option of the board, if, after two years, the amount is less than the
189 value of the membership certificate or a share of common stock.
190 (4) (a) The bylaws shall provide the time and manner of settlement of membership
191 interests with members who withdraw from the association or whose membership is otherwise
192 terminated.
193 (b) Provisions for forfeiture of membership interests may be made in the bylaws.
194 (c) After the termination of the membership, for whatever cause, the withdrawing
195 member shall exercise no further control over the facilities, assets, or activities of the
196 association. The withdrawing member may not claim or receive any assets of the association
197 except as follows:
198 (i) undistributed patronage allocated to the withdrawing member may be paid to the
199 withdrawing member pursuant to the association's bylaws;
200 (ii) the withdrawing member may be reimbursed for the par value of membership or
201 stock in the association pursuant to the association's articles, bylaws, and membership
202 agreement; and
203 (iii) the withdrawing member shall receive any distributions to which the member is
204 entitled pursuant to Subsection 3-1-20(3)(d).
205 (5) (a) An association may issue preferred stock to members and nonmembers.
206 (b) Preferred stock may be redeemed or retired by the association on the terms and
207 conditions as are provided in the articles or bylaws and printed on the stock certificates.
208 (c) Preferred stockholders may not vote, but no change in their priority or preference
209 rights shall be effective until the written consent of the holders of a majority of the preferred
210 stock has been obtained.
211 (d) Payment for preferred stock may be made in cash, services, or property on the basis
212 of the fair value of the stock, services, and property, as determined by the board.
213 (6) (a) The association may issue to each member a certificate of interest evidencing
214 the member's interest in any fund, capital investment, or other assets of the association.
215 (b) Those certificates may be transferred only to the association, or to other purchasers,
216 as approved by the board of directors, under the terms and conditions provided for in the
217 bylaws.
218 (7) (a) As used in this Subsection (7), "reasonable effort" means:
219 (i) a letter to a member's or former member's last-known address, a listing of unclaimed
220 credits in an association publication, and the posting of a list of unclaimed credits at the
221 association's principal place of business; and
222 (ii) publishing a list of the unclaimed credits exceeding $25 each, or greater, in a
223 newspaper of general circulation in the area where the association's principal offices are
224 located.
225 (b) The association may retain revolving certificates of interest described in this
226 Subsection (7) as an exception to the provisions of Title 67, Chapter 4a, Revised Uniform
227 Unclaimed Property Act, if:
228 (i) the board of directors of the association determines to revolve the certificates and
229 the certificates remain unclaimed by the association's members or former members for five
230 years after the credit is declared;
231 (ii) the association is authorized to retain those credits by its bylaws;
232 (iii) the board of directors of the association approves the retention; and
233 (iv) before retaining the credits, the association makes a reasonable effort to locate and
234 communicate the issuance of the credits to the members or former members.
235 (c) (i) The board of directors may either add the unclaimed credits as a contribution to
236 the capital fund, or use them to establish an agricultural educational program as described in
237 Subsection (7)(c)(ii).
238 (ii) If the board of directors chooses to use the unclaimed credits to establish an
239 agricultural educational program, it shall establish an agricultural educational program to:
240 (A) provide scholarships for low income and worthy students to colleges and
241 universities;
242 (B) provide funding for director training and education;
243 (C) provide funds for cooperative education programs in secondary or higher education
244 institutions; or
245 (D) provide other educational opportunities.
246 (iii) The board of directors may not distribute unclaimed credits to current patrons of
247 the association.
248 (iv) Upon dissolution of an association, the board of directors shall report and remit
249 unclaimed credits to the Division of Unclaimed Property.
250 (d) (i) Each association that applies credits under Subsection (7)(c) during a calendar
251 year shall file an annual report with the State Treasurer by April 15 of the following year.
252 (ii) The report shall specify:
253 (A) the dollar amount of credits applied during the year;
254 (B) the dollar amount of [
255 (C) the aggregate dollar amount of credits applied since January 1, 1996.
256 (e) At any time after the association retains credits under this Subsection (7), the
257 association shall pay the members, former members, or their successors in interest, the value of
258 the credit, without interest, if the members, former members, or their successors in interest:
259 (i) file a written claim for payment with the association; and
260 (ii) surrender the certificate issued by the association that evidences the credit.
261 Section 2. Section 4-4-107 is amended to read:
262 4-4-107. Exemptions from regulation.
263 (1) Except as provided in this section, a small producer and the shell eggs produced by
264 a small producer [
265 (2) The Department of Health has the authority to investigate foodborne illness.
266 (3) The department may assist, consult, or inspect shell eggs when requested by a small
267 producer.
268 (4) Nothing in this section affects the authority of the Department of Health or the
269 department to certify, license, regulate, or inspect food or food products that are not exempt
270 from certification, licensing regulation, or inspection under this section.
271 (5) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
272 Administrative Rulemaking Act, to govern the temperature, cleaning, and sanitization of shell
273 eggs under this chapter that are sold by a small producer to a restaurant.
274 (6) Eggs sold by a small producer pursuant to this chapter are exempt from the
275 restricted egg tolerances for United States Consumer Grade B as specified in the United States
276 Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by
277 the Agricultural Marketing Service of United States Agriculture Department.
278 Section 3. Section 4-5-104 is amended to read:
279 4-5-104. Authority to make and enforce rules.
280 (1) The department may adopt rules to efficiently enforce this chapter, and if
281 practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
282 and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
283 (2) Hearings authorized or required by this chapter shall be conducted by the
284 department or by an officer, agent, or employee designated by the department.
285 (3) (a) Except as provided by Subsection (3)(b), all pesticide chemical regulations and
286 their amendments now or hereafter adopted under authority of the Federal Food, Drug, and
287 Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical regulations in this state.
288 (b) The department may adopt a rule that prescribes tolerance for pesticides in finished
289 foods in this state whether or not in accordance with regulations promulgated under the federal
290 act.
291 (4) (a) Except as provided by Subsection (4)(b), all food additive regulations and their
292 amendments now or hereafter adopted under authority of the Federal Food, Drug, and
293 Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
294 (b) The department may adopt a rule that prescribes conditions under which a food
295 additive may be used in this state whether or not in accordance with regulations promulgated
296 under the federal act.
297 (5) All color additive regulations adopted under authority of the Federal Food, Drug,
298 and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive rules in this state.
299 (6) (a) Except as provided by Subsection (6)(b), all special dietary use regulations
300 adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et
301 seq., are the special dietary use rules in this state.
302 (b) The department may, if it finds it necessary to inform purchasers of the value of a
303 food for special dietary use, prescribe special dietary use rules whether or not in accordance
304 with regulations promulgated under the federal act.
305 (7) (a) Except as provided by Subsection (7)(b), all regulations adopted under the Fair
306 Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the rules in this state.
307 (b) Except as provided by Subsection (7)(c), the department may, if it finds it necessary
308 in the interest of consumers, prescribe package and labeling rules for consumer commodities,
309 whether or not in accordance with regulations promulgated under the federal act.
310 (c) The department may not adopt rules that are contrary to the labeling requirements
311 for the net quantity of contents required according to 15 U.S.C. Sec. 1453(a)(4).
312 (8) (a) A federal regulation automatically adopted according to this chapter takes effect
313 in this state on the date it becomes effective as a federal regulation.
314 (b) The department shall publish all other proposed rules in publications prescribed by
315 the department.
316 (c) (i) A person who may be adversely affected by a rule may, within 30 days after a
317 federal regulation is automatically adopted, or within 30 days after publication of any other
318 rule, file with the department, in writing, objections and a request for a hearing.
319 (ii) The timely filing of substantial objections to a federal regulation automatically
320 adopted stays the effect of the rule.
321 (d) (i) If no substantial objections are received and no hearing is requested within 30
322 days after publication of a proposed rule, it shall take effect on a date set by the department.
323 (ii) The effective date shall be at least 60 days after the time for filing objections has
324 expired.
325 (e) (i) If timely substantial objections are made to a federal regulation within 30 days
326 after it is automatically adopted or to a proposed rule within 30 days after it is published, the
327 department, after notice, shall conduct a public hearing to receive evidence on the issues raised
328 by the objections.
329 (ii) Any interested person or the person's representative may be heard.
330 (f) (i) The department shall act upon objections by order and shall mail the order to
331 objectors by certified mail as soon after the hearing as practicable.
332 (ii) The order shall be based on substantial evidence in the record of the hearing.
333 (g) (i) If the order concerns a proposed rule, [
334 rule or set an effective date for the rule as published or as modified by the order.
335 (ii) The effective date shall be at least 60 days after publication of the order.
336 (9) Whenever a regulation is promulgated under authority of the Federal Food, Drug,
337 and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the tolerances
338 established by the department under this chapter shall immediately conform to the standards
339 established by the Federal Food and Drug Administration as herein provided and shall remain
340 the same until the department determines that for reasons peculiar to Utah a different rule
341 should apply.
342 Section 4. Section 4-10-106 is amended to read:
343 4-10-106. Unlawful acts specified.
344 It is unlawful for any person to:
345 (1) sell bedding, upholstered furniture, quilted clothing, or filling material as new
346 unless it is made from new material and properly tagged;
347 (2) sell bedding, upholstered furniture, quilted clothing or filling material made from
348 secondhand material which is not properly tagged;
349 (3) label or sell a used or secondhand article as if it were a new article;
350 (4) use burlap or other material which has been used for packing or baling, or to use
351 any unsanitary, filthy, or vermin or insect [
352 or repair of any article;
353 (5) sell bedding, upholstered furniture, quilted clothing or filling material which is not
354 properly tagged regardless of point of origin;
355 (6) use any false or misleading statement, term, or designation on any tag;
356 (7) use any false or misleading label;
357 (8) sell new bedding, upholstered furniture, or quilted clothing with filling material
358 made of down, feather, wool, or hair that has not been properly sterilized; or
359 (9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
360 upholstered furniture, quilted clothing, or filling material without a license as required by this
361 chapter.
362 Section 5. Section 4-15-110 is amended to read:
363 4-15-110. Nursery stock offered or advertised for sale -- Unlawful to misrepresent
364 name, origin, grade, variety, quality, or vitality -- Information required in
365 advertisements.
366 (1) A person shall not misrepresent the name, origin, grade, variety, quality, or [
367 indicia of vitality of any nursery stock advertised or offered for sale at a nursery or nursery
368 outlet.
369 (2) All advertisements of nursery stock shall clearly state the name, size, and grade of
370 the stock where applicable.
371 Section 6. Section 4-16-501 is amended to read:
372 4-16-501. Chapter does not apply to seed not intended for sowing, to seed at seed
373 processing plant, or to seed transported or delivered for transportation in the ordinary
374 course of business.
375 (1) This chapter does not apply to:
376 (a) seed or grain not intended for sowing;
377 (b) subject to Subsection (2), seed at, or consigned to, a seed processing or cleaning
378 plant; or
379 (c) to any carrier in respect to any seed transported or delivered for transportation in the
380 ordinary course of its business as a carrier.
381 (2) Any label or other representation which is made with respect to seed described in
382 Subsection (1)(b) that is made with respect to the uncleaned or unprocessed seed is subject to
383 this chapter.
384 (3) A carrier described in Subsection (1)(c) may not be engaged in producing,
385 processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for
386 sprouting.
387 Section 7. Section 4-32a-208 is amended to read:
388 4-32a-208. Rulemaking.
389 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
390 this part, the department shall make rules regarding:
391 (a) antemortem inspection, in accordance with 9 C.F.R. Sec. 352.10;
392 (b) postmortem inspection of the domesticated game carcass to ensure the
393 domesticated game carcass is clean and wholesome, including inspection of the kidneys and
394 abdominal and thoracic viscera;
395 (c) slaughter area and facilities requirements;
396 (d) personal cleanliness of individuals involved in domesticated game slaughter;
397 (e) skinning, hoisting, bleeding, and evisceration of domesticated game [
398 (f) chronic wasting disease testing requirements, surveillance, investigation, and
399 follow-up, in accordance with department rule;
400 (g) tags and tagging procedure to maintain carcass identification;
401 (h) procedure for transportation of a domesticated game carcass; and
402 (i) packaging and labeling of domesticated game products.
403 (2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
404 Administrative Rulemaking Act, regarding labeling a domesticated game carcass as
405 slaughtered:
406 (a) with inspection and processed at a farm custom slaughter facility; or
407 (b) with inspection and the domesticated game carcass released to a licensed food
408 establishment for processing and sale to a consumer.
409 (3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
410 Administrative Rulemaking Act, that allow:
411 (a) a person with a farm custom slaughter license to slaughter and process
412 domesticated game in accordance with this part; and
413 (b) a facility licensed to perform custom exempt processing, as defined in Section
414 4-32-105, to process slaughtered domesticated game in accordance with this part.
415 Section 8. Section 7-3-3 is amended to read:
416 7-3-3. "Banking business" defined -- Credit card banks -- Insurance of deposit
417 accounts.
418 (1) (a) Except as provided under Subsection (1)(b), a person is considered to be
419 conducting a banking business and is a bank subject to the provisions of this title that are
420 applicable to banks if the person is authorized:
421 (i) under the laws of this:
422 (A) state;
423 (B) another state;
424 (C) the United States;
425 (D) the District of Columbia; or
426 (E) a territory of the United States; and
427 (ii) (A) to accept deposits from the public; and
428 (B) to conduct such other business activities as may be authorized by statute or by the
429 commissioner in accordance with Subsection 7-3-10(3).
430 (b) A person is not considered to be a bank subject to the provisions of this title that are
431 applicable to banks if the person is authorized to conduct the business of:
432 (i) a federal savings and loan association;
433 (ii) a federal savings bank;
434 (iii) an industrial bank subject to Chapter 8, Industrial Banks;
435 (iv) a federally chartered credit union; or
436 (v) a credit union subject to Chapter 9, Utah Credit Union Act.
437 (2) A person authorized to operate as a bank in this state may operate as a credit card
438 bank if it:
439 (a) engages only in credit card operations;
440 (b) does not accept demand deposits or deposits that the depositor may withdraw by
441 check or similar means for payment to third parties or others;
442 (c) does not accept a savings or time [
443 (d) maintains only one office that accepts deposits; and
444 (e) does not engage in the business of making commercial loans.
445 (3) All deposit accounts in banks or branches subject to the jurisdiction of the
446 department shall be insured by the Federal Deposit Insurance Corporation or a successor to the
447 Federal Deposit Insurance Corporation.
448 Section 9. Section 7-25-102 is amended to read:
449 7-25-102. Definitions.
450 As used in this chapter:
451 (1) "Applicant" means a person filing an application for a license under this chapter.
452 (2) "Authorized agent" means a person designated by the licensee under this chapter to
453 sell or issue payment instruments or engage in the business of transmitting money on behalf of
454 a licensee.
455 (3) "Blockchain" [
456 data that is:
457 (a) maintained by consensus of multiple unaffiliated parties;
458 (b) distributed across multiple locations; and
459 (c) mathematically verified.
460 (4) "Blockchain token" means an electronic record that is:
461 (a) recorded on a blockchain; and
462 (b) capable of being traded between persons without an intermediary.
463 (5) "Executive officer" means the licensee's president, chair of the executive
464 committee, executive vice president, treasurer, chief financial officer, or any other person who
465 performs similar functions.
466 (6) "Key shareholder" means a person, or group of persons acting in concert, who is the
467 owner of 20% or more of a class of an applicant's stock.
468 (7) "Licensee" means a person licensed under this chapter.
469 (8) "Material litigation" means litigation that, according to generally accepted
470 accounting principles, is considered significant to a person's financial health and would be
471 required to be referenced in an annual audited financial statement, report to shareholders, or
472 similar document.
473 (9) (a) "Money transmission" means the sale or issuance of a payment instrument or
474 engaging in the business of receiving money for transmission or transmitting money within the
475 United States or to locations abroad by any and all means, including payment instrument, wire,
476 facsimile, or electronic transfer.
477 (b) "Money transmission" does not include a blockchain token.
478 (10) "Nationwide database" means the Nationwide Mortgage Licensing System and
479 Registry, authorized under 12 U.S.C. Sec. 5101 for federal licensing of mortgage loan
480 originators.
481 (11) "Outstanding payment instrument" means a payment instrument issued by the
482 licensee that has been sold in the United States directly by the licensee or a payment instrument
483 issued by the licensee that has been sold and reported to the licensee as having been sold by an
484 authorized agent of the licensee in the United States, and that has not yet been paid by or for
485 the licensee.
486 (12) (a) "Payment instrument" means a check, draft, money order, travelers check, or
487 other instrument or written order for the transmission or payment of money, sold or issued to
488 one or more persons, whether or not the instrument is negotiable.
489 (b) "Payment instrument" does not include a credit card voucher, letter of credit, or
490 instrument that is redeemable by the issuer in goods or services.
491 (13) "Remit" means either to make direct payment of the money to the licensee or its
492 representatives authorized to receive the money, or to deposit the money in a depository
493 institution in an account in the name of the licensee.
494 Section 10. Section 10-1-307 is amended to read:
495 10-1-307. Administration, collection, and enforcement of taxes by commission --
496 Distribution of revenues -- Administrative charge -- Collection of taxes by municipality.
497 (1) (a) Subject to Subsection (1)(b) and except as provided in Subsection (3), the
498 commission shall administer, collect, and enforce the municipal energy sales and use tax from
499 energy suppliers according to the procedures established in:
500 (i) Title 59, Chapter 1, General Taxation Policies; and
501 (ii) Title 59, Chapter 12, Part 1, Tax Collection, except for Sections 59-12-107.1 and
502 59-12-123.
503 (b) If an energy supplier pays a municipal energy sales and use tax to the commission,
504 the energy supplier shall pay the municipal energy sales and use tax to the commission:
505 (i) monthly on or before the last day of the month immediately following the last day of
506 the previous month if:
507 (A) the energy supplier is required to file a sales and use tax return with the
508 commission monthly under Section 59-12-108; or
509 (B) the energy supplier is not required to file a sales and use tax return under Title 59,
510 Chapter 12, Sales and Use Tax Act; or
511 (ii) quarterly on or before the last day of the month immediately following the last day
512 of the previous quarter if the energy supplier is required to file a sales and use tax return with
513 the commission quarterly under Section [
514 (2) (a) Except as provided in Subsections 10-1-203(3)(d), 10-1-305(5), and
515 10-1-310(2) and subject to Subsection (6), the commission shall pay a municipality the
516 difference between:
517 (i) the entire amount collected by the commission from the municipal energy sales and
518 use tax authorized by this part based on:
519 (A) the point of sale of the taxable energy if a taxable sale occurs in a municipality that
520 imposes a municipal energy sales and use tax as provided in this part; or
521 (B) the point of use of the taxable energy if the use occurs in a municipality that
522 imposes a municipal energy sales and use tax as provided in this part; and
523 (ii) the administrative charge described in Subsection (2)(c).
524 (b) In accordance with Subsection (2)(a), the commission shall transfer to the
525 municipality monthly by electronic transfer the revenues generated by the municipal energy
526 sales and use tax levied by the municipality and collected by the commission.
527 (c) (i) Subject to Subsection (2)(c)(ii), the commission shall retain and deposit an
528 administrative charge in accordance with Section 59-1-306 from revenues the commission
529 collects from a municipal energy sales and use tax under this part.
530 (ii) The commission may not retain or deposit an administrative charge from revenues
531 a municipality collects under Subsection (3) from a tax under this part.
532 (3) An energy supplier shall pay the municipal energy sales and use tax revenues it
533 collects from its customers under this part directly to each municipality in which the energy
534 supplier has sales of taxable energy if:
535 (a) the municipality is the energy supplier; or
536 (b) (i) the energy supplier estimates that the municipal energy sales and use tax
537 collected annually by the energy supplier from its Utah customers equals $1,000,000 or more;
538 and
539 (ii) the energy supplier collects the tax imposed by this part.
540 (4) An energy supplier paying a tax under this part directly to a municipality may retain
541 the percentage of the tax authorized under Subsection 59-12-108(2) for the energy supplier's
542 costs of collecting and remitting the tax.
543 (5) An energy supplier paying the tax under this part directly to a municipality shall file
544 an information return with the commission, at least annually, on a form prescribed by the
545 commission.
546 (6) (a) As used in this Subsection (6):
547 (i) "2005 base amount" means, for a municipality that imposes a municipal energy
548 sales and use tax, the natural gas portion of municipal energy sales and use tax proceeds paid to
549 the municipality for fiscal year 2005.
550 (ii) "2006 base amount" means, for a municipality that imposes a municipal energy
551 sales and use tax, the natural gas portion of municipal energy sales and use tax proceeds paid to
552 the municipality for fiscal year 2006, reduced by the 2006 rebate amount.
553 (iii) "2006 rebate amount" means, for a municipality that imposes a municipal energy
554 sales and use tax, the difference between:
555 (A) the natural gas portion of municipal energy sales and use tax proceeds paid to the
556 municipality for fiscal year 2006; and
557 (B) the 2005 base amount, plus:
558 (I) 10% of the 2005 base amount; and
559 (II) the natural gas portion of municipal energy sales and use tax proceeds paid to the
560 municipality for fiscal year 2006 attributable to an increase in the rate of the municipal energy
561 sales and use tax implemented by the municipality during fiscal year 2006.
562 (iv) "2007 rebate amount" means, for a municipality that imposes a municipal energy
563 sales and use tax, the difference between:
564 (A) the natural gas portion of municipal energy sales and use tax proceeds paid to the
565 municipality for fiscal year 2007; and
566 (B) the 2006 base amount, plus:
567 (I) 10% of the 2006 base amount; and
568 (II) the natural gas portion of municipal energy sales and use tax proceeds paid to the
569 municipality for fiscal year 2007 attributable to an increase in the rate of the municipal energy
570 sales and use tax implemented by the municipality during fiscal year 2007.
571 (v) "Fiscal year 2005" means the period beginning July 1, 2004 and ending June 30,
572 2005.
573 (vi) "Fiscal year 2006" means the period beginning July 1, 2005 and ending June 30,
574 2006.
575 (vii) "Fiscal year 2007" means the period beginning July 1, 2006 and ending June 30,
576 2007.
577 (viii) "Gas supplier" means an energy supplier that supplies natural gas.
578 (ix) "Natural gas portion" means the amount of municipal energy sales and use tax
579 proceeds attributable to sales and uses of natural gas.
580 (b) (i) In December 2006, each gas supplier shall reduce the natural gas portion of
581 municipal energy sales and use gas proceeds to be paid to a municipality by the 2006 rebate
582 amount.
583 (ii) If the 2006 rebate amount exceeds the amount of the natural gas portion of
584 municipal energy sales and use tax proceeds for December 2006, the gas supplier shall reduce
585 the natural gas portion of municipal energy sales and use tax proceeds to be paid to a
586 municipality each month thereafter until the 2006 rebate amount is exhausted.
587 (iii) For December 2006 and for each month thereafter that the gas supplier is required
588 under Subsection (6)(b)(ii) to reduce the natural gas portion of municipal energy sales and use
589 tax proceeds to be paid to a municipality:
590 (A) each municipality imposing a municipal energy sales and use tax shall provide the
591 gas supplier with the amount by which its municipal energy sales and use tax rate applicable to
592 the sales and uses of natural gas would need to be reduced in order to reduce the natural gas
593 portion of municipal energy sales and use tax proceeds by the same amount as the reduction to
594 the municipality; and
595 (B) each gas supplier shall reduce the municipal energy sales and use tax rate
596 applicable to sales and uses of natural gas by the amount of the tax rate reduction provided by
597 the municipality.
598 (c) (i) In December 2007, each gas supplier shall reduce the natural gas portion of
599 municipal energy sales and use tax proceeds to be paid to a municipality by the 2007 rebate
600 amount.
601 (ii) If the 2007 rebate amount exceeds the amount of the natural gas portion of
602 municipal energy sales and use tax proceeds for December 2007, the gas supplier shall reduce
603 the natural gas portion of municipal energy sales and use tax proceeds to be paid to a
604 municipality each month thereafter until the 2007 rebate amount is exhausted.
605 (iii) For December 2007 and for each month thereafter that the gas supplier is required
606 under Subsection (6)(c)(ii) to reduce the natural gas portion of municipal energy sales and use
607 tax proceeds to be paid to a municipality:
608 (A) each municipality imposing a municipal energy sales and use tax shall provide the
609 gas supplier with the amount by which its municipal energy sales and use tax rate applicable to
610 the sales and uses of natural gas would need to be reduced in order to reduce the natural gas
611 portion of municipal energy sales and use tax proceeds by the same amount as the reduction to
612 the municipality; and
613 (B) each gas supplier shall reduce the municipal energy sales and use tax rate
614 applicable to sales and uses of natural gas by the amount of the tax rate reduction provided by
615 the municipality.
616 (d) Nothing in this Subsection (6) may be construed to require a reduction under
617 Subsection (6)(b) or (c) if the rebate amount is zero or negative.
618 Section 11. Section 10-1-405 is amended to read:
619 10-1-405. Collection of taxes by commission -- Uniform interlocal agreement --
620 Administrative charge -- Rulemaking authority.
621 (1) Subject to the other provisions of this section, the commission shall collect,
622 enforce, and administer any municipal telecommunications license tax imposed under this part
623 pursuant to:
624 (a) the same procedures used in the administration, collection, and enforcement of the
625 state sales and use tax under:
626 (i) Title 59, Chapter 1, General Taxation Policies; and
627 (ii) Title 59, Chapter 12, Part 1, Tax Collection:
628 (A) except for:
629 (I) Subsection 59-12-103(2)(i);
630 (II) Section 59-12-104;
631 (III) Section 59-12-104.1;
632 (IV) Section 59-12-104.2;
633 (V) Section 59-12-104.3;
634 (VI) Section 59-12-107.1; and
635 (VII) Section 59-12-123; and
636 (B) except that for purposes of Section 59-1-1410, the term "person" may include a
637 customer from whom a municipal telecommunications license tax is recovered in accordance
638 with Subsection 10-1-403(2); and
639 (b) a uniform interlocal agreement between the municipality that imposes the
640 municipal telecommunications license tax and the commission:
641 (i) that is executed under Title 11, Chapter 13, Interlocal Cooperation Act;
642 (ii) that complies with Subsection (2)(a); and
643 (iii) that is developed by rule in accordance with Subsection (2)(b).
644 (2) (a) The uniform interlocal agreement described in Subsection (1) shall provide that
645 the commission shall:
646 (i) transmit money collected under this part monthly by electronic funds transfer by the
647 commission to the municipality;
648 (ii) conduct audits of the municipal telecommunications license tax;
649 (iii) retain and deposit an administrative charge in accordance with Section 59-1-306
650 from revenues the commission collects from a tax under this part; and
651 (iv) collect, enforce, and administer the municipal telecommunications license tax
652 authorized under this part pursuant to the same procedures used in the administration,
653 collection, and enforcement of the state sales and use tax as provided in Subsection (1)(a).
654 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
655 commission shall develop a uniform interlocal agreement that meets the requirements of this
656 section.
657 (3) If a telecommunications provider pays a municipal telecommunications license tax
658 to the commission, the telecommunications provider shall pay the municipal
659 telecommunications license tax to the commission:
660 (a) monthly on or before the last day of the month immediately following the last day
661 of the previous month if:
662 (i) the telecommunications provider is required to file a sales and use tax return with
663 the commission monthly under Section 59-12-108; or
664 (ii) the telecommunications provider is not required to file a sales and use tax return
665 under Title 59, Chapter 12, Sales and Use Tax Act; or
666 (b) quarterly on or before the last day of the month immediately following the last day
667 of the previous quarter if the telecommunications provider is required to file a sales and use tax
668 return with the commission quarterly under Section [
669 (4) If, on July 1, 2007, a municipality has in effect an ordinance that levies a municipal
670 telecommunications license tax under this part at a rate that exceeds 3.5%:
671 (a) except as provided in Subsection (4)(b), beginning on July 1, 2007, the commission
672 shall collect the municipal telecommunications license tax:
673 (i) within the municipality;
674 (ii) at a rate of 3.5%; and
675 (iii) from a telecommunications provider required to pay the municipal
676 telecommunications license tax on or after July 1, 2007; and
677 (b) the commission shall collect a municipal telecommunications license tax within the
678 municipality at the rate imposed by the municipality if:
679 (i) after July 1, 2007, the municipality has in effect an ordinance that levies a municipal
680 telecommunications license tax under this part at a rate of up to 3.5%;
681 (ii) the municipality meets the requirements of Subsection 10-1-403(3)(b) in changing
682 the rate of the municipal telecommunications license tax; and
683 (iii) a telecommunications provider is required to pay the municipal
684 telecommunications license tax on or after the day on which the ordinance described in
685 Subsection (4)(b)(ii) takes effect.
686 Section 12. Section 10-5-132 is amended to read:
687 10-5-132. Fees collected for construction approval -- Approval of plans.
688 (1) As used in this section:
689 (a) "Construction project" means the same as that term is defined in Section 38-1a-102.
690 (b) "Lodging establishment" means a place providing temporary sleeping
691 accommodations to the public, including any of the following:
692 (i) a bed and breakfast establishment;
693 (ii) a boarding house;
694 (iii) a dormitory;
695 (iv) a hotel;
696 (v) an inn;
697 (vi) a lodging house;
698 (vii) a motel;
699 (viii) a resort; or
700 (ix) a rooming house.
701 (c) "Planning review" means a review to verify that a town has approved the following
702 elements of a construction project:
703 (i) zoning;
704 (ii) lot sizes;
705 (iii) setbacks;
706 (iv) easements;
707 (v) curb and gutter elevations;
708 (vi) grades and slopes;
709 (vii) utilities;
710 (viii) street names;
711 (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
712 Interface Code adopted under Section 15A-2-103; and
713 (x) subdivision.
714 (d) (i) "Plan review" means all of the reviews and approvals of a plan that a town
715 requires to obtain a building permit from the town with a scope that may not exceed a review to
716 verify:
717 (A) that the construction project complies with the provisions of the State Construction
718 Code under Title 15A, State Construction and Fire Codes Act;
719 (B) that the construction project complies with the energy code adopted under Section
720 15A-2-103;
721 (C) that the construction project received a planning review;
722 (D) that the applicant paid any required fees;
723 (E) that the applicant obtained final approvals from any other required reviewing
724 agencies;
725 (F) that the construction project complies with federal, state, and local storm water
726 protection laws;
727 (G) that the construction project received a structural review;
728 (H) the total square footage for each building level of finished, garage, and unfinished
729 space; and
730 (I) that the plans include a printed statement indicating that the actual construction will
731 comply with applicable local ordinances and the state construction codes.
732 (ii) "Plan review" does not mean a review of a document:
733 (A) required to be re-submitted for additional modifications or substantive changes
734 identified by the plan review;
735 (B) submitted as part of a deferred submittal when requested by the applicant and
736 approved by the building official; or
737 (C) that, due to the document's technical nature or on the request of the applicant, is
738 reviewed by a third party.
739 (e) "State Construction Code" means the same as that term is defined in Section
740 15A-1-102.
741 (f) "State Fire Code" means the same as that term is defined in Section 15A-1-102.
742 (g) "Structural review" means:
743 (i) a review that verifies that a construction project complies with the following:
744 (A) footing size and bar placement;
745 (B) foundation thickness and bar placement;
746 (C) beam and header sizes;
747 (D) nailing patterns;
748 (E) bearing points;
749 (F) structural member size and span; and
750 (G) sheathing; or
751 (ii) if the review exceeds the scope of the review described in Subsection (1)[
752 a review that a licensed engineer conducts.
753 (h) "Technical nature" means a characteristic that places an item outside the training
754 and expertise of an individual who regularly performs plan reviews.
755 (2) (a) If a town collects a fee for the inspection of a construction project, the town
756 shall ensure that the construction project receives a prompt inspection.
757 (b) If a town cannot provide a building inspection within a reasonable time, the town
758 shall promptly engage an independent inspector with fees collected from the applicant.
759 (c) If an inspector identifies one or more violations of the State Construction Code or
760 State Fire Code during an inspection, on the day on which the inspection occurs, the inspector
761 shall give the permit holder written notification of each violation that:
762 (i) is delivered in hardcopy or by electronic means; and
763 (ii) upon request by the permit holder, includes a reference to each applicable provision
764 of the State Construction Code or State Fire Code.
765 (3) (a) A town shall complete a plan review of a construction project for a one to two
766 family dwelling or townhome by no later than 14 business days after the day on which the plan
767 is submitted to the town.
768 (b) A town shall complete a plan review of a construction project for a residential
769 structure built under the International Building Code, not including a lodging establishment, by
770 no later than 21 business days after the day on which the plan is submitted to the town.
771 (c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
772 the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
773 town complete the plan review.
774 (ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
775 the plan review no later than:
776 (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
777 applicant makes the request; or
778 (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
779 applicant makes the request.
780 (d) An applicant may:
781 (i) waive the plan review time requirements described in this Subsection (3); or
782 (ii) with the town's consent, establish an alternative plan review time requirement.
783 (4) (a) A town may not enforce a requirement to have a plan review if:
784 (i) the town does not complete the plan review within the time period described in
785 Subsection (3)(a) or (b); and
786 (ii) a licensed architect or structural engineer, or both when required by law, stamps the
787 plan.
788 (b) A town may attach to a reviewed plan a list that includes:
789 (i) items with which the town is concerned and may enforce during construction; and
790 (ii) building code violations found in the plan.
791 (c) A town may not require an applicant to redraft a plan if the town requests minor
792 changes to the plan that the list described in Subsection (4)(b) identifies.
793 Section 13. Section 11-13-602 is amended to read:
794 11-13-602. Definitions.
795 As used in this part:
796 (1) "Asset" means funds, money, an account, real or personal property, or personnel.
797 (2) (a) "Associated entity" means a taxed interlocal entity that adopts a segment's
798 organizing resolution.
799 (b) "Associated entity" does not include any other segment.
800 (3) "Fiduciary duty" means a duty expressly designated as a fiduciary duty of:
801 (a) a director or an officer of a taxed interlocal entity in:
802 (i) the organization agreement of the taxed interlocal entity; or
803 (ii) an agreement executed by the director or the officer and the taxed interlocal entity;
804 or
805 (b) a director or an officer of a segment in:
806 (i) the organizing resolution of the segment; or
807 (ii) an agreement executed by the director or the officer and the segment.
808 (4) "Governing body" means the body established in an organizing resolution to govern
809 a segment.
810 (5) "Governmental law" means:
811 (a) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
812 Organizations, and Other Local Entities Act;
813 (b) Title 63A, Chapter 3, Division of Finance;
814 (c) Title 63G, Chapter 6a, Utah Procurement Code;
815 (d) a law imposing an obligation on a taxed interlocal entity similar to an obligation
816 imposed by a law described in Subsection (5)(a), (b), or (c);
817 (e) an amendment to or replacement or renumbering of a law described in Subsection
818 (5)(a), (b), (c), or (d); or
819 (f) a law superseding a law described in Subsection (5)(a), (b), (c), or (d).
820 (6) "Indexed office" means the address identified under Subsection 63G-7-401(5)(a)(i)
821 by a segment's associated entity in the associated entity's statement described in Subsection
822 63G-7-401(5).
823 (7) "Organization agreement" means an agreement, as amended, that creates a taxed
824 interlocal entity.
825 (8) "Organizing resolution" means a resolution described in Subsection 11-13-604(1)
826 that creates a segment.
827 (9) "Principal county" means the county in which the indexed office of a segment's
828 associated entity is located.
829 (10) "Project" means:
830 (a) the same as that term is defined in Section 11-13-103; or
831 (b) facilities, improvements, or contracts undertaken by a taxed interlocal entity in
832 accordance with Subsection 11-13-204(2).
833 (11) "Public asset" means:
834 (a) an asset used by a public entity;
835 (b) tax revenue;
836 (c) state funds; or
837 (d) public funds.
838 (12) "Segment" means a segment created in accordance with Section 11-13-604.
839 (13) "Taxed interlocal entity" means:
840 (a) a project entity that:
841 (i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3,
842 Project Entity Provisions;
843 (ii) does not receive a payment of funds from a federal agency or office, state agency or
844 office, political subdivision, or other public agency or office other than a payment that does not
845 materially exceed the greater of the fair market value and the cost of a service provided or
846 property conveyed by the project entity; and
847 (iii) does not receive, expend, or have the authority to compel payment from tax
848 revenue; or
849 (b) an interlocal entity that:
850 (i) was created before 1981 for the purpose of providing power supply at wholesale to
851 its members;
852 (ii) does not receive a payment of funds from a federal agency or office, state agency or
853 office, political subdivision, or other public agency or office other than a payment that does not
854 materially exceed the greater of the fair market value and the cost of a service provided or
855 property conveyed by the interlocal entity; and
856 (iii) does not receive, expend, or have the authority to compel payment from tax
857 revenue.
858 (14) (a) "Use" means to use, own, manage, hold, keep safe, maintain, invest, deposit,
859 administer, receive, expend, appropriate, disburse, or have custody.
860 (b) "Use" includes, when constituting a noun, the corresponding nominal form of each
861 term in Subsection [
862 Section 14. Section 11-17-2 is amended to read:
863 11-17-2. Definitions.
864 As used in this chapter:
865 (1) "Bonds" means bonds, notes, or other evidences of indebtedness.
866 (2) "Energy efficiency upgrade" means an improvement that is permanently affixed to
867 real property and that is designed to reduce energy consumption, including:
868 (a) insulation in:
869 (i) a wall, ceiling, roof, floor, or foundation; or
870 (ii) a heating or cooling distribution system;
871 (b) an insulated window or door, including:
872 (i) a storm window or door;
873 (ii) a multiglazed window or door;
874 (iii) a heat-absorbing window or door;
875 (iv) a heat-reflective glazed and coated window or door;
876 (v) additional window or door glazing;
877 (vi) a window or door with reduced glass area; or
878 (vii) other window or door modifications that reduce energy loss;
879 (c) an automatic energy control system;
880 (d) in a building or a central plant, a heating, ventilation, or air conditioning and
881 distribution system;
882 (e) caulking or weatherstripping;
883 (f) a light fixture that does not increase the overall illumination of a building unless an
884 increase is necessary to conform with the applicable building code;
885 (g) an energy recovery system;
886 (h) a daylighting system;
887 (i) measures to reduce the consumption of water, through conservation or more
888 efficient use of water, including:
889 (i) installation of a low-flow toilet or showerhead;
890 (ii) installation of a timer or timing system for a hot water heater; or
891 (iii) installation of a rain catchment system; or
892 (j) any other modified, installed, or remodeled fixture that is approved as a utility
893 cost-savings measure by the governing body.
894 (3) "Finance" or "financing" includes the issuing of bonds by a municipality, county, or
895 state university for the purpose of using a portion, or all or substantially all of the proceeds to
896 pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the
897 acquisition of facilities of a project, or to create funds for the project itself where appropriate,
898 whether these costs are incurred by the municipality, the county, the state university, the user,
899 or a designee of the user. If title to or in these facilities at all times remains in the user, the
900 bonds of the municipality or county shall be secured by a pledge of one or more notes,
901 debentures, bonds, other secured or unsecured debt obligations of the user or lender, or the
902 sinking fund or other arrangement as in the judgment of the governing body is appropriate for
903 the purpose of assuring repayment of the bond obligations to investors in accordance with their
904 terms.
905 (4) "Governing body" means:
906 (a) for a county, city, town, or metro township, the legislative body of the county, city,
907 town, or metro township;
908 (b) for the military installation development authority created in Section 63H-1-201,
909 the [
910 (c) for a state university except as provided in Subsection (4)(d), the board or body
911 having the control and supervision of the state university; and
912 (d) for a nonprofit corporation or foundation created by and operating under the
913 auspices of a state university, the board of directors or board of trustees of that corporation or
914 foundation.
915 (5) (a) "Industrial park" means land, including all necessary rights, appurtenances,
916 easements, and franchises relating to it, acquired and developed by a municipality, county, or
917 state university for the establishment and location of a series of sites for plants and other
918 buildings for industrial, distribution, and wholesale use.
919 (b) "Industrial park" includes the development of the land for an industrial park under
920 this chapter or the acquisition and provision of water, sewerage, drainage, street, road,
921 sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or
922 any combination of them, but only to the extent that these facilities are incidental to the use of
923 the land as an industrial park.
924 (6) "Lender" means a trust company, savings bank, savings and loan association, bank,
925 credit union, or any other lending institution that lends, loans, or leases proceeds of a financing
926 to the user or a user's designee.
927 (7) "Mortgage" means a mortgage, trust deed, or other security device.
928 (8) "Municipality" means any incorporated city, town, or metro township in the state,
929 including cities or towns operating under home rule charters.
930 (9) "Pollution" means any form of environmental pollution including water pollution,
931 air pollution, pollution caused by solid waste disposal, thermal pollution, radiation
932 contamination, or noise pollution.
933 (10) (a) "Project" means:
934 (i) an industrial park, land, interest in land, building, structure, facility, system, fixture,
935 improvement, appurtenance, machinery, equipment, or any combination of them, whether or
936 not in existence or under construction:
937 (A) that is suitable for industrial, manufacturing, warehousing, research, business, and
938 professional office building facilities, commercial, shopping services, food, lodging, low
939 income rental housing, recreational, or any other business purposes;
940 (B) that is suitable to provide services to the general public;
941 (C) that is suitable for use by any corporation, person, or entity engaged in health care
942 services, including hospitals, nursing homes, extended care facilities, facilities for the care of
943 persons with a physical or mental disability, and administrative and support facilities; or
944 (D) that is suitable for use by a state university for the purpose of aiding in the
945 accomplishment of its authorized academic, scientific, engineering, technical, and economic
946 development functions;
947 (ii) any land, interest in land, building, structure, facility, system, fixture, improvement,
948 appurtenance, machinery, equipment, or any combination of them, used by any individual,
949 partnership, firm, company, corporation, public utility, association, trust, estate, political
950 subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns,
951 for the reduction, abatement, or prevention of pollution, including the removal or treatment of
952 any substance in process material, if that material would cause pollution if used without the
953 removal or treatment;
954 (iii) an energy efficiency upgrade;
955 (iv) a renewable energy system;
956 (v) facilities, machinery, or equipment, the manufacturing and financing of which will
957 maintain or enlarge domestic or foreign markets for Utah industrial products; or
958 (vi) any economic development or new venture investment fund to be raised other than
959 from:
960 (A) municipal or county general fund money;
961 (B) money raised under the taxing power of any county or municipality; or
962 (C) money raised against the general credit of any county or municipality.
963 (b) "Project" does not include any property, real, personal, or mixed, for the purpose of
964 the construction, reconstruction, improvement, or maintenance of a public utility as defined in
965 Section 54-2-1.
966 (11) "Renewable energy system" means a product, system, device, or interacting group
967 of devices that is permanently affixed to real property and that produces energy from renewable
968 resources, including:
969 (a) a photovoltaic system;
970 (b) a solar thermal system;
971 (c) a wind system;
972 (d) a geothermal system, including:
973 (i) a direct-use system; or
974 (ii) a ground source heat pump system;
975 (e) a micro-hydro system; or
976 (f) another renewable energy system approved by the governing body.
977 (12) "State university" means an institution of higher education as described in Section
978 53B-2-101 and includes any nonprofit corporation or foundation created by and operating
979 under their authority.
980 (13) "User" means the person, whether natural or corporate, who will occupy, operate,
981 maintain, and employ the facilities of, or manage and administer a project after the financing,
982 acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise.
983 Section 15. Section 11-59-202 is amended to read:
984 11-59-202. Authority powers.
985 The authority may:
986 (1) as provided in this chapter, plan, manage, and implement the development of the
987 point of the mountain state land, including the ongoing operation of facilities on the point of
988 the mountain state land;
989 (2) undertake, or engage a consultant to undertake, any study, effort, or activity the
990 board considers appropriate to assist or inform the board about any aspect of the proposed
991 development of the point of the mountain state land, including the best development model and
992 financial projections relevant to the authority's efforts to fulfill its duties and responsibilities
993 under this section and Section 11-59-203;
994 (3) sue and be sued;
995 (4) enter into contracts generally;
996 (5) buy, obtain an option upon, or otherwise acquire any interest in real or personal
997 property, as necessary to accomplish the duties and responsibilities of the authority, including
998 an interest in real property, apart from point of the mountain state land, or personal property,
999 outside point of the mountain state land, for publicly owned infrastructure and improvements,
1000 if the board considers the purchase, option, or other interest acquisition to be necessary for
1001 fulfilling the authority's development objectives;
1002 (6) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
1003 personal property;
1004 (7) enter into a lease agreement on real or personal property, either as lessee or lessor;
1005 (8) provide for the development of the point of the mountain state land under one or
1006 more contracts;
1007 (9) exercise powers and perform functions under a contract, as authorized in the
1008 contract;
1009 (10) accept financial or other assistance from any public or private source for the
1010 authority's activities, powers, and duties, and expend any funds so received for any of the
1011 purposes of this chapter;
1012 (11) borrow money, contract with, or accept financial or other assistance from the
1013 federal government, a public entity, or any other source for any of the purposes of this chapter
1014 and comply with any conditions of the loan, contract, or assistance;
1015 (12) issue bonds to finance the undertaking of any development objectives of the
1016 authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and
1017 Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
1018 (13) hire employees, including contract employees, in addition to or in place of staff
1019 provided under Section 11-59-304;
1020 (14) transact other business and exercise all other powers provided for in this chapter;
1021 (15) enter into a development agreement with a developer of some or all of the point of
1022 the mountain state land;
1023 (16) provide for or finance an energy efficiency upgrade, a renewable energy system, or
1024 electric vehicle charging infrastructure as defined in Section [
1025 accordance with Title 11, Chapter [
1026 Assessed Clean Energy Act;
1027 (17) exercise powers and perform functions that the authority is authorized by statute
1028 to exercise or perform;
1029 (18) enter into one or more interlocal agreements under Title 11, Chapter 13, Interlocal
1030 Cooperation Act, with one or more local government entities for the delivery of services to the
1031 point of the mountain state land; and
1032 (19) enter into an agreement with the federal government or an agency of the federal
1033 government, as the board considers necessary or advisable, to enable or assist the authority to
1034 exercise its powers or fulfill its duties and responsibilities under this chapter.
1035 Section 16. Section 13-32a-104 is amended to read:
1036 13-32a-104. Tickets required to be maintained -- Contents -- Identification of
1037 items -- Prohibition against pawning or selling certain property.
1038 (1) A pawn or secondhand business shall keep a ticket for property a person pawns or
1039 sells to the pawn or secondhand business. A pawn or secondhand business shall document on
1040 the ticket the following information regarding the property:
1041 (a) the date and time of the transaction;
1042 (b) whether the transaction is a pawn or purchase;
1043 (c) the ticket number;
1044 (d) the date by which the property must be redeemed, if the property is pawned;
1045 (e) the following information regarding the individual who pawns or sells the property:
1046 (i) the individual's full name and date of birth as they appear on the individual's
1047 identification and the individual's residence address and telephone number;
1048 (ii) the unique number and type of identification presented to the pawn or secondhand
1049 business;
1050 (iii) the individual's signature; and
1051 (iv) subject to Subsection (6), a legible fingerprint of the individual's right index finger,
1052 or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a
1053 notation identifying the fingerprint and the reason why the right index [
1054 fingerprint was unavailable;
1055 (f) the amount loaned on, paid for, or value for trade-in of each article of property;
1056 (g) the full name of the individual conducting the pawn transaction or secondhand
1057 merchandise transaction on behalf of the pawn or secondhand business or the initials or a
1058 unique identifying number of the individual, if the pawn or secondhand business maintains a
1059 record of the initials or unique identifying number of the individual; and
1060 (h) an accurate description of each article of property, with available identifying marks,
1061 including:
1062 (i) names, brand names, numbers, serial numbers, model numbers, color,
1063 manufacturers' names, and size;
1064 (ii) metallic composition, and any jewels, stones, or glass;
1065 (iii) any other marks of identification or indicia of ownership on the property;
1066 (iv) the weight of the property, if the payment is based on weight;
1067 (v) any other unique identifying feature;
1068 (vi) gold content, if indicated; or
1069 (vii) if multiple articles of property of a similar nature are delivered together in one
1070 transaction and the articles of property do not bear serial or model numbers and do not include
1071 precious metals or gemstones, such as musical or video recordings, books, or hand tools, the
1072 description of the articles is adequate if it includes the quantity of the articles and a description
1073 of the type of articles delivered.
1074 (2) (a) A pawn or secondhand business may not accept property if, upon inspection, it
1075 is apparent that:
1076 (i) a serial number or another form of indicia of ownership has been removed, altered,
1077 defaced, or obliterated;
1078 (ii) the property is not a numismatic item and has indicia of being new, but is not
1079 accompanied by a written receipt or other satisfactory proof of ownership other than the seller's
1080 own statement; or
1081 (iii) except as provided in Subsection 13-32a-103.1(3), the property is a gift card,
1082 transaction card, or other physical or digital card or certificate evidencing store credit.
1083 (b) A pawn or secondhand business is not subject to Subsection (2)(a)(ii) if the pawn or
1084 secondhand business is the original seller of the property and is accepting a return of the
1085 property as provided by the pawn or secondhand business' established return policy.
1086 (c) Property is presumed to have had indicia of being new at the time of a transaction if
1087 the property is subsequently advertised by the pawn or secondhand business as being new.
1088 (3) (a) An individual may not pawn or sell any property to a business regulated under
1089 this chapter if the property is subject to being turned over to a law enforcement agency in
1090 accordance with Title 77, Chapter 24a, Lost or Mislaid Personal Property.
1091 (b) If an individual attempts to sell or pawn property to a business regulated under this
1092 chapter and the employee or owner of the business knows or has reason to know that the
1093 property is subject to Title 77, Chapter 24a, Lost or Mislaid Personal Property, the employee or
1094 owner shall advise the individual of the requirements of Title 77, Chapter 24a, Lost or Mislaid
1095 Personal Property, and may not receive the property in pawn or sale.
1096 (4) A coin dealer is subject to Section 13-32a-104.5 and not subject to this section.
1097 (5) A violation of this section is a class B misdemeanor and is also subject to civil
1098 penalties under Section 13-32a-110.
1099 (6) (a) On and after January 1, 2020:
1100 (i) a pawn or secondhand business shall obtain an electronic legible fingerprint of the
1101 individual's right index finger that can be submitted to the central database at the same time the
1102 other information is submitted under this section, or if the right index finger cannot be
1103 fingerprinted, an electronic legible fingerprint of the individual with a notation on the ticket
1104 identifying the fingerprint and the reason why a right index fingerprint is unavailable; and
1105 (ii) the electronic fingerprint is not required on the ticket.
1106 (b) On and after January 1, 2020, a pawn or secondhand business shall submit an
1107 electronic legible fingerprint obtained under Subsection (6)(a) to the central database.
1108 (7) (a) As used in this Subsection (7), "jewelry" means:
1109 (i) any jewelry purchased by the pawn or secondhand business, including scrap jewelry
1110 and watches; or
1111 (ii) any jewelry that the pawn or secondhand business is allowed to sell under
1112 Subsection 13-32a-109(1), including scrap jewelry and watches.
1113 (b) On and after January 1, 2020, a pawn or secondhand business shall obtain:
1114 (i) a color digital photograph clearly and accurately depicting:
1115 (A) each item of jewelry; and
1116 (B) if an item of jewelry has one or more engravings, an additional color digital
1117 photograph specifically depicting any engraving; and
1118 (ii) a color digital photograph of an item that bears an identifying mark, including:
1119 (A) a serial number, engraving, owner label, or similar identifying mark; and
1120 (B) an additional photograph that clearly depicts the identifying mark described in
1121 Subsection (7)(b)(ii)(A).
1122 Section 17. Section 13-32a-110 is amended to read:
1123 13-32a-110. Administrative or civil penalties -- Criminal prosecution.
1124 (1) A violation of any of the following sections is subject to an administrative or civil
1125 penalty of not more than $500:
1126 (a) Section 13-32a-104, ticket required to be maintained;
1127 (b) Section 13-32a-104.5, ticket by coin dealer to be maintained;
1128 (c) Section 13-32a-106, transaction information provided to law enforcement;
1129 (d) Section 13-32a-108, retention of records;
1130 (e) Section 13-32a-109, holding period for pawned or purchased property;
1131 (f) Section 13-32a-110.5, transactions with certain individuals prohibited;
1132 (g) Section 13-32a-111, payment of fees as required; or
1133 (h) Section [
1134 business employees and officers of participating law enforcement agencies.
1135 (2) This section does not prohibit civil action by a governmental entity regarding the
1136 pawn or secondhand business' operation or licenses.
1137 (3) The imposition of civil penalties under this section does not prohibit criminal
1138 prosecution by a governmental entity for criminal violations of this chapter.
1139 Section 18. Section 13-32a-111 is amended to read:
1140 13-32a-111. Fees to fund account.
1141 (1) (a) A pawn or secondhand business in operation shall pay an annual fee, no more
1142 than $500, set in accordance with Section 63J-1-504.
1143 (b) A law enforcement agency within Utah that participates in the use of the central
1144 database shall pay an annual fee set in accordance with Section 63J-1-504.
1145 (c) A law enforcement agency outside Utah that requests access to the central database
1146 shall pay an annual fee set in accordance with Section 63J-1-504.
1147 (2) A fee paid under Subsection (1) shall be paid annually to the division on or before
1148 January 31.
1149 (3) A fee received by the division under this section shall be deposited into the account.
1150 (4) The division may only increase fees for a [
1151 under Section 63J-1-504.
1152 Section 19. Section 13-32a-112 is amended to read:
1153 13-32a-112. Pawnshop and Secondhand Merchandise Advisory Board.
1154 (1) There is created within the division the "Pawnshop and Secondhand Merchandise
1155 Advisory Board."
1156 (2) The board consists of seven voting members appointed by the executive director of
1157 the Department of Commerce:
1158 (a) one law enforcement officer whose work regularly involves pawn or secondhand
1159 business, recommended by the Utah Chiefs of Police Association;
1160 (b) one law enforcement officer whose work regularly involves pawn or secondhand
1161 business, recommended by the Utah Sheriffs Association;
1162 (c) one state, county, or municipal prosecutor, recommended by a prosecutors'
1163 association or council;
1164 (d) one pawnbroker, recommended by the pawn industry;
1165 (e) one secondhand merchandise dealer, recommended by the secondhand merchandise
1166 industry;
1167 (f) one coin dealer, recommended by the Utah Coin Dealers Association; and
1168 (g) one representative from the pawn or secondhand merchandise industry at large,
1169 recommended by the pawn or secondhand merchandise industry.
1170 (3) After receiving a recommendation for a member by a respective association,
1171 council, or industry for the board, the executive director may:
1172 (a) decline the recommendation; and
1173 (b) request another recommendation from the respective association, council, or
1174 industry.
1175 (4) (a) A member of the board shall be appointed to a term of not more than four years,
1176 and may be reappointed upon expiration of the member's term.
1177 (b) Notwithstanding the requirements of Subsection (4)(a), the executive director of the
1178 Department of Commerce shall, at the time of appointments or reappointments, adjust the
1179 length of terms to ensure that the terms of board members are staggered so that approximately
1180 half of the board is appointed every two years.
1181 (c) When a vacancy occurs in the membership for any reason, the executive director of
1182 the Department of Commerce shall appoint a member for the unexpired term.
1183 (d) The executive director of the Department of Commerce may remove a member and
1184 replace the member in accordance with this section for the following reasons:
1185 (i) the member fails or refuses to fulfill the duties of a board member, including
1186 attendance at board meetings; or
1187 (ii) the member, an entity owned by the member, an entity that the member is
1188 employed by, or an entity that the member is representing, engages in a violation of this chapter
1189 or Section 76-6-408.
1190 (e) Notwithstanding Subsection (4)(d), members of the board as of May 13, 2019, are
1191 removed from the board and the executive director of the Department of Commerce shall
1192 appoint the board members in accordance with this section.
1193 (5) (a) The board shall elect one voting member as the chair of the board by a majority
1194 of the members present at the board's first meeting each year.
1195 (b) The chair shall preside over the board for a period of one year.
1196 (c) The board shall meet quarterly upon the call of the chair.
1197 (d) A quorum of five members is required for the board to take action. An action taken
1198 by majority of a quorum present at a meeting constitutes an action of the board.
1199 (6) (a) The duties and powers of the board include the following:
1200 (i) recommending to the division appropriate rules regarding the administration and
1201 enforcement of this chapter;
1202 (ii) recommending to the division changes related to the central database; and
1203 (iii) advising the division on matters related to the pawn and secondhand merchandise
1204 industries.
1205 (b) This Subsection (6) does not require the board's approval to act on a rule or amend
1206 this chapter.
1207 (7) A pawn or secondhand business may file with the board complaints regarding law
1208 enforcement agency practices perceived to be inconsistent with this chapter. The board may
1209 refer the complaints to the Peace Officers Standards and Training Division.
1210 Section 20. Section 16-6a-1008.7 is amended to read:
1211 16-6a-1008.7. Conversion to or from a domestic limited liability company.
1212 (1) (a) A domestic nonprofit corporation may convert to a domestic limited liability
1213 company subject to [
1214 Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, [
1215 pursuant to Section 48-3a-1405, by complying with:
1216 (i) this Subsection (1); and
1217 (ii) Section [
1218 (b) If a domestic nonprofit corporation converts to a domestic limited liability company
1219 in accordance with this Subsection (1), the articles of conversion or statement of conversion, as
1220 applicable, shall:
1221 (i) comply with [
1222 (ii) if the corporation has any members, provide for:
1223 (A) the cancellation of any membership; or
1224 (B) the conversion of any membership in the domestic nonprofit corporation to a
1225 membership interest in the domestic limited liability company.
1226 (c) Before articles of conversion or statement of conversion may be filed with the
1227 division, the conversion shall be approved:
1228 (i) in the manner provided for the articles of incorporation or bylaws of the domestic
1229 nonprofit corporation; or
1230 (ii) if the articles of incorporation or bylaws of the domestic nonprofit corporation do
1231 not provide the method for approval:
1232 (A) if the domestic nonprofit corporation has voting members, by all of the members of
1233 the domestic nonprofit corporation regardless of limitations or restrictions on the voting rights
1234 of the members; or
1235 (B) if the nonprofit domestic corporation does not have voting members, by a majority
1236 of:
1237 (I) the directors in office at the time the conversion is approved by the board of
1238 directors; or
1239 (II) if directors have not been appointed or elected, the incorporators.
1240 (2) A domestic limited liability company may convert to a domestic nonprofit
1241 corporation subject to this chapter by:
1242 (a) filing articles of incorporation in accordance with this chapter; and
1243 (b) complying with Section [
1244 Section 48-3a-1405.
1245 (3) Any conversion under this section may not result in a violation, directly or
1246 indirectly, of:
1247 (a) Section 16-6a-1301; or
1248 (b) any other provision of this chapter.
1249 Section 21. Section 17-27a-602 is amended to read:
1250 17-27a-602. Planning commission preparation and recommendation of
1251 subdivision ordinance -- Adoption or rejection by legislative body.
1252 (1) A planning commission shall:
1253 (a) review and provide a recommendation to the legislative body on any proposed
1254 ordinance that regulates the subdivision of land in the [
1255 (b) review and make a recommendation to the legislative body on any proposed
1256 ordinance that amends the regulation of the subdivision of the unincorporated land in the
1257 county or, in the case of a mountainous planning district, the mountainous planning district;
1258 (c) provide notice consistent with Section 17-27a-205; and
1259 (d) hold a public hearing on the proposed ordinance before making the planning
1260 commission's final recommendation to the legislative body.
1261 (2) (a) A legislative body may adopt, modify, revise, or reject an ordinance described in
1262 Subsection (1) that the planning commission recommends.
1263 (b) A legislative body may consider a planning commission's failure to make a timely
1264 recommendation as a negative recommendation if the legislative body has provided for that
1265 consideration by ordinance.
1266 Section 22. Section 17-27a-604.5 is amended to read:
1267 17-27a-604.5. Subdivision plat recording or development activity before required
1268 infrastructure is completed -- Improvement completion assurance -- Improvement
1269 warranty.
1270 (1) A land use authority shall establish objective inspection standards for acceptance of
1271 a required landscaping or infrastructure improvement.
1272 (2) (a) Before an applicant conducts any development activity or records a plat, the
1273 applicant shall:
1274 (i) complete any required landscaping or infrastructure improvements; or
1275 (ii) post an improvement completion assurance for any required landscaping or
1276 infrastructure improvements.
1277 (b) If an applicant elects to post an improvement completion assurance, the applicant
1278 shall provide completion assurance for:
1279 (i) completion of 100% of the required landscaping or infrastructure improvements; or
1280 (ii) if the county has inspected and accepted a portion of the landscaping or
1281 infrastructure improvements, 100% of the incomplete or unaccepted landscaping or
1282 infrastructure improvements.
1283 (c) A county shall:
1284 (i) establish a minimum of two acceptable forms of completion assurance;
1285 (ii) if an applicant elects to post an improvement completion assurance, allow the
1286 applicant to post an assurance that meets the conditions of this title, and any local ordinances;
1287 (iii) establish a system for the partial release of an improvement completion assurance
1288 as portions of required landscaping or infrastructure improvements are completed and accepted
1289 in accordance with local ordinance; and
1290 (iv) issue or deny a building permit in accordance with Section 17-27a-802 based on
1291 the installation of landscaping or infrastructure improvements.
1292 (d) A county may not require an applicant to post an improvement completion
1293 assurance for:
1294 (i) landscaping or an infrastructure improvement that the county has previously
1295 inspected and accepted;
1296 (ii) infrastructure improvements that are private and not essential or required to meet
1297 the building code, fire code, flood or storm water management provisions, street and access
1298 requirements, or other essential necessary public safety improvements adopted in a land use
1299 regulation; or
1300 (iii) in a [
1301 improvements within the area to be private, infrastructure improvements within a development
1302 that the [
1303 (3) At any time before a county accepts a landscaping or infrastructure improvement,
1304 and for the duration of each improvement warranty period, the land use authority may require
1305 the applicant to:
1306 (a) execute an improvement warranty for the improvement warranty period; and
1307 (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
1308 required by the county, in the amount of up to 10% of the lesser of the:
1309 (i) county engineer's original estimated cost of completion; or
1310 (ii) applicant's reasonable proven cost of completion.
1311 (4) When a county accepts an improvement completion assurance for landscaping or
1312 infrastructure improvements for a development in accordance with Subsection (2)(c)(ii), the
1313 county may not deny an applicant a building permit if the development meets the requirements
1314 for the issuance of a building permit under the building code and fire code.
1315 (5) The provisions of this section do not supersede the terms of a valid development
1316 agreement, an adopted phasing plan, or the state construction code.
1317 Section 23. Section 17-50-335 is amended to read:
1318 17-50-335. Energy efficiency upgrade, renewable energy system, or electric
1319 vehicle charging infrastructure.
1320 A county may provide or finance an energy efficiency upgrade, a renewable energy
1321 system, or electric vehicle charging infrastructure as defined in Section [
1322 11-42a-102, in a designated voluntary assessment area in accordance with Title 11, Chapter
1323 [
1324 Section 24. Section 17B-1-202 is amended to read:
1325 17B-1-202. Local district may be created -- Services that may be provided --
1326 Limitations.
1327 (1) (a) A local district may be created as provided in this part to provide within its
1328 boundaries service consisting of:
1329 (i) the operation of an airport;
1330 (ii) the operation of a cemetery;
1331 (iii) fire protection, paramedic, and emergency services, including consolidated 911
1332 and emergency dispatch services;
1333 (iv) garbage collection and disposal;
1334 (v) health care, including health department or hospital service;
1335 (vi) the operation of a library;
1336 (vii) abatement or control of mosquitos and other insects;
1337 (viii) the operation of parks or recreation facilities or services;
1338 (ix) the operation of a sewage system;
1339 (x) the construction and maintenance of a right-of-way, including:
1340 (A) a curb;
1341 (B) a gutter;
1342 (C) a sidewalk;
1343 (D) a street;
1344 (E) a road;
1345 (F) a water line;
1346 (G) a sewage line;
1347 (H) a storm drain;
1348 (I) an electricity line;
1349 (J) a communications line;
1350 (K) a natural gas line; or
1351 (L) street lighting;
1352 (xi) transportation, including public transit and providing streets and roads;
1353 (xii) the operation of a system, or one or more components of a system, for the
1354 collection, storage, retention, control, conservation, treatment, supplying, distribution, or
1355 reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether
1356 the system is operated on a wholesale or retail level or both;
1357 (xiii) in accordance with Subsection (1)(c), the acquisition or assessment of a
1358 groundwater right for the development and execution of a groundwater management plan in
1359 cooperation with and approved by the state engineer in accordance with Section 73-5-15;
1360 (xiv) law enforcement service;
1361 (xv) subject to Subsection (1)(b), the underground installation of an electric utility line
1362 or the conversion to underground of an existing electric utility line;
1363 (xvi) the control or abatement of earth movement or a landslide;
1364 (xvii) the operation of animal control services and facilities; or
1365 (xviii) an energy efficiency upgrade, a renewable energy system, or electric vehicle
1366 charging infrastructure as defined in Section [
1367 11, Chapter [
1368 (b) Each local district that provides the service of the underground installation of an
1369 electric utility line or the conversion to underground of an existing electric utility line shall, in
1370 installing or converting the line, provide advance notice to and coordinate with the utility that
1371 owns the line.
1372 (c) A groundwater management plan described in Subsection (1)(a)(xiii) may include
1373 the banking of groundwater rights by a local district in a critical management area as defined in
1374 Section 73-5-15 following the adoption of a groundwater management plan by the state
1375 engineer under Section 73-5-15.
1376 (i) A local district may manage the groundwater rights it acquires under Subsection
1377 17B-1-103(2)(a) or (b) consistent with the provisions of a groundwater management plan
1378 described in this Subsection (1)(c).
1379 (ii) A groundwater right held by a local district to satisfy the provisions of a
1380 groundwater management plan is not subject to the forfeiture provisions of Section 73-1-4.
1381 (iii) (A) A local district may divest itself of a groundwater right subject to a
1382 determination that the groundwater right is not required to facilitate the groundwater
1383 management plan described in this Subsection (1)(c).
1384 (B) The groundwater right described in Subsection (1)(c)(iii)(A) is subject to Section
1385 73-1-4 beginning on the date of divestiture.
1386 (iv) Upon a determination by the state engineer that an area is no longer a critical
1387 management area as defined in Section 73-5-15, a groundwater right held by the local district is
1388 subject to Section 73-1-4.
1389 (v) A local district created in accordance with Subsection (1)(a)(xiii) to develop and
1390 execute a groundwater management plan may hold or acquire a right to surface waters that are
1391 naturally tributary to the groundwater basin subject to the groundwater management plan if the
1392 surface waters are appropriated in accordance with Title 73, Water and Irrigation, and used in
1393 accordance with Title 73, Chapter 3b, Groundwater Recharge and Recovery Act.
1394 (2) For purposes of this section:
1395 (a) "Operation" means all activities involved in providing the indicated service
1396 including acquisition and ownership of property reasonably necessary to provide the indicated
1397 service and acquisition, construction, and maintenance of facilities and equipment reasonably
1398 necessary to provide the indicated service.
1399 (b) "System" means the aggregate of interrelated components that combine together to
1400 provide the indicated service including, for a sewage system, collection and treatment.
1401 (3) (a) A local district may not be created to provide and may not after its creation
1402 provide more than four of the services listed in Subsection (1).
1403 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
1404 more than four services if, before April 30, 2007, the local district was authorized to provide
1405 those services.
1406 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
1407 provide and may not after its creation provide to an area the same service that may already be
1408 provided to that area by another political subdivision, unless the other political subdivision
1409 gives its written consent.
1410 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
1411 as another political subdivision if it operates a component of a system that is different from a
1412 component operated by another political subdivision but within the same:
1413 (i) sewage system; or
1414 (ii) water system.
1415 (5) (a) Except for a local district in the creation of which an election is not required
1416 under Subsection 17B-1-214(3)(d), the area of a local district may include all or part of the
1417 unincorporated area of one or more counties and all or part of one or more municipalities.
1418 (b) The area of a local district need not be contiguous.
1419 (6) For a local district created before May 5, 2008, the authority to provide fire
1420 protection service also includes the authority to provide:
1421 (a) paramedic service; and
1422 (b) emergency service, including hazardous materials response service.
1423 (7) A local district created before May 11, 2010, authorized to provide the construction
1424 and maintenance of curb, gutter, or sidewalk may provide a service described in Subsection
1425 (1)(a)(x) on or after May 11, 2010.
1426 (8) A local district created before May 10, 2011, authorized to provide culinary,
1427 irrigation, sewage, or storm water services may provide a service described in Subsection
1428 (1)(a)(xii) on or after May 10, 2011.
1429 (9) A local district may not be created under this chapter for two years after the date on
1430 which a local district is dissolved as provided in Section 17B-1-217 if the local district
1431 proposed for creation:
1432 (a) provides the same or a substantially similar service as the dissolved local district;
1433 and
1434 (b) is located in substantially the same area as the dissolved local district.
1435 Section 25. Section 17B-2a-1207 is amended to read:
1436 17B-2a-1207. Public infrastructure district bonds.
1437 (1) A public infrastructure district may issue negotiable bonds for the purposes
1438 described in Section 17B-2a-1206, as provided in, as applicable:
1439 (a) Title 11, Chapter 14, Local Government Bonding Act;
1440 (b) Title 11, Chapter 27, Utah Refunding Bond Act;
1441 (c) Title 11, Chapter 42, Assessment Area Act; and
1442 (d) this section.
1443 (2) A public infrastructure district bond:
1444 (a) shall mature within 40 years of the date of issuance; and
1445 (b) may not be secured by any improvement or facility paid for by the public
1446 infrastructure district.
1447 (3) (a) A public infrastructure district may issue a limited tax bond, in the same manner
1448 as a general obligation bond:
1449 (i) with the consent of 100% of surface property owners within the boundaries of the
1450 public infrastructure district and 100% of the registered voters, if any, within the boundaries of
1451 the proposed public infrastructure district; or
1452 (ii) upon approval of a majority of the registered voters within the boundaries of the
1453 public infrastructure district voting in an election held for that purpose under Title 11, Chapter
1454 14, Local Government Bonding Act.
1455 (b) A limited tax bond described in Subsection (3)(a):
1456 (i) is not subject to the limitation on a general obligation bond described in Subsection
1457 17B-1-1102(4)(a)(xii); and
1458 (ii) is subject to a limitation, if any, on the principal amount of indebtedness as
1459 described in the governing document.
1460 (c) Unless limited tax bonds are initially purchased exclusively by one or more
1461 qualified institutional buyers as defined in Rule 144A, 17 C.F.R. Sec. 230.144A, the public
1462 infrastructure district may only issue limited tax bonds in denominations of not less than
1463 $500,000, and in integral multiples above $500,000 of not less than $1,000 each.
1464 (d) (i) Without any further election or consent of property owners or registered voters,
1465 a public infrastructure district may convert a limited tax bond described in Subsection (3)(a) to
1466 a general obligation bond if the principal amount of the related limited tax bond together with
1467 the principal amount of other related outstanding general obligation bonds of the public
1468 infrastructure district does not exceed 15% of the fair market value of taxable property in the
1469 public [
1470 by:
1471 (A) an appraisal from an appraiser who is a member of the Appraisal Institute that is
1472 addressed to the public infrastructure district or a financial institution; or
1473 (B) the most recent market value of the property from the assessor of the county in
1474 which the property is located.
1475 (ii) The consent to the issuance of a limited tax bond described in Subsection (3)(a) is
1476 sufficient to meet any statutory or constitutional election requirement necessary for the
1477 issuance of the limited tax bond and any general obligation bond to be issued in place of the
1478 limited tax bond upon meeting the requirements of this Subsection (3)(d).
1479 (iii) A general obligation bond resulting from a conversion of a limited tax bond under
1480 this Subsection (3)(d) is not subject to the limitation on general obligation bonds described in
1481 Subsection 17B-1-1102(4)(a)(xii).
1482 (4) There is no limitation on the duration of revenues that a public infrastructure
1483 district may receive to cover any shortfall in the payment of principal of and interest on a bond
1484 that the public infrastructure district issues.
1485 (5) A public infrastructure district is not a municipal corporation for purposes of the
1486 debt limitation of Utah Constitution, Article XIV, Section 4.
1487 (6) The board may, by resolution, delegate to one or more officers of the public
1488 infrastructure district the authority to:
1489 (a) in accordance and within the parameters set forth in a resolution adopted in
1490 accordance with Section 11-14-302, approve the final interest rate, price, principal amount,
1491 maturity, redemption features, and other terms of the bond;
1492 (b) approve and execute any document relating to the issuance of a bond; and
1493 (c) approve any contract related to the acquisition and construction of the
1494 improvements, facilities, or property to be financed with a bond.
1495 (7) (a) Any person may contest the legality of the issuance of a public infrastructure
1496 district bond or any provisions for the security and payment of the bond for a period of 30 days
1497 after:
1498 (i) publication of the resolution authorizing the bond; or
1499 (ii) publication of a notice of bond containing substantially the items required under
1500 Subsection 11-14-316(2).
1501 (b) After the 30-day period described in Subsection (7)(a), no person may bring a
1502 lawsuit or other proceeding contesting the regularity, formality, or legality of the bond for any
1503 reason.
1504 (8) (a) In the event of any statutory change in the methodology of assessment or
1505 collection of property taxes in a manner that reduces the amounts which are devoted or pledged
1506 to the repayment of limited tax bonds, a public infrastructure district may charge a rate
1507 sufficient to receive the amount of property taxes or assessment the public infrastructure
1508 district would have received before the statutory change in order to pay the debt service on
1509 outstanding limited tax bonds.
1510 (b) The rate increase described in Subsection (8)(a) may exceed the limit described in
1511 Section 17B-2a-1209.
1512 (c) The public infrastructure district may charge the rate increase described in
1513 Subsection (8)(a) until the bonds, including any associated refunding bonds, or other securities,
1514 together with applicable interest, are fully met and discharged.
1515 Section 26. Section 17D-1-103 is amended to read:
1516 17D-1-103. Special service district status, powers, and duties -- Registration as a
1517 limited purpose entity -- Limitation on districts providing jail service.
1518 (1) A special service district:
1519 (a) is:
1520 (i) a body corporate and politic with perpetual succession, separate and distinct from
1521 the county or municipality that creates it;
1522 (ii) a quasi-municipal corporation; and
1523 (iii) a political subdivision of the state; and
1524 (b) may sue and be sued.
1525 (2) A special service district may:
1526 (a) exercise the power of eminent domain possessed by the county or municipality that
1527 creates the special service district;
1528 (b) enter into a contract that the governing authority considers desirable to carry out
1529 special service district functions, including a contract:
1530 (i) with the United States or an agency of the United States, the state, an institution of
1531 higher education, a county, a municipality, a school district, a local district, another special
1532 service district, or any other political subdivision of the state; or
1533 (ii) that includes provisions concerning the use, operation, and maintenance of special
1534 service district facilities and the collection of fees or charges with respect to commodities,
1535 services, or facilities that the district provides;
1536 (c) acquire or construct facilities;
1537 (d) acquire real or personal property, or an interest in real or personal property,
1538 including water and water rights, whether by purchase, lease, gift, devise, bequest, or
1539 otherwise, and whether the property is located inside or outside the special service district, and
1540 own, hold, improve, use, finance, or otherwise deal in and with the property or property right;
1541 (e) sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the
1542 special service district's property or assets, including water and water rights;
1543 (f) mortgage, pledge, or otherwise encumber all or any part of the special service
1544 district's property or assets, including water and water rights;
1545 (g) enter into a contract with respect to the use, operation, or maintenance of all or any
1546 part of the special service district's property or assets, including water and water rights;
1547 (h) accept a government grant or loan and comply with the conditions of the grant or
1548 loan;
1549 (i) use an officer, employee, property, equipment, office, or facility of the county or
1550 municipality that created the special service district, subject to reimbursement as provided in
1551 Subsection [
1552 (j) employ one or more officers, employees, or agents, including one or more
1553 engineers, accountants, attorneys, or financial consultants, and establish their compensation;
1554 (k) designate an assessment area and levy an assessment as provided in Title 11,
1555 Chapter 42, Assessment Area Act;
1556 (l) contract with a franchised, certificated public utility for the construction and
1557 operation of an electrical service distribution system within the special service district;
1558 (m) borrow money and incur indebtedness;
1559 (n) as provided in Part 5, Special Service District Bonds, issue bonds for the purpose of
1560 acquiring, constructing, and equipping any of the facilities required for the services the special
1561 service district is authorized to provide, including:
1562 (i) bonds payable in whole or in part from taxes levied on the taxable property in the
1563 special service district;
1564 (ii) bonds payable from revenues derived from the operation of revenue-producing
1565 facilities of the special service district;
1566 (iii) bonds payable from both taxes and revenues;
1567 (iv) guaranteed bonds, payable in whole or in part from taxes levied on the taxable
1568 property in the special service district;
1569 (v) tax anticipation notes;
1570 (vi) bond anticipation notes;
1571 (vii) refunding bonds;
1572 (viii) special assessment bonds; and
1573 (ix) bonds payable in whole or in part from mineral lease payments as provided in
1574 Section 11-14-308;
1575 (o) except as provided in Subsection (5), impose fees or charges or both for
1576 commodities, services, or facilities that the special service district provides;
1577 (p) provide to an area outside the special service district's boundary, whether inside or
1578 outside the state, a service that the special service district is authorized to provide within its
1579 boundary, if the governing body makes a finding that there is a public benefit to providing the
1580 service to the area outside the special service district's boundary;
1581 (q) provide other services that the governing body determines will more effectively
1582 carry out the purposes of the special service district; and
1583 (r) adopt an official seal for the special service district.
1584 (3) (a) Each special service district shall register and maintain the special service
1585 district's registration as a limited purpose entity, in accordance with Section 67-1a-15.
1586 (b) A special service district that fails to comply with Subsection (3)(a) or Section
1587 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
1588 (4) Each special service district that uses an officer, employee, property, equipment,
1589 office, or facility of the county or municipality that created the special service district shall
1590 reimburse the county or municipality a reasonable amount for what the special service district
1591 uses.
1592 (5) (a) A special service district that provides jail service as provided in Subsection
1593 17D-1-201(10) may not impose a fee or charge for the service it provides.
1594 (b) Subsection (5)(a) may not be construed to limit a special service district that
1595 provides jail service from:
1596 (i) entering into a contract with the federal government, the state, or a political
1597 subdivision of the state to provide jail service for compensation; or
1598 (ii) receiving compensation for jail service it provides under a contract described in
1599 Subsection (5)(b)(i).
1600 Section 27. Section 17D-1-201 is amended to read:
1601 17D-1-201. Services that a special service district may be created to provide.
1602 As provided in this part, a county or municipality may create a special service district to
1603 provide any combination of the following services:
1604 (1) water;
1605 (2) sewerage;
1606 (3) drainage;
1607 (4) flood control;
1608 (5) garbage collection and disposal;
1609 (6) health care;
1610 (7) transportation, including the receipt of federal secure rural school funds under
1611 Section 51-9-603 for the purposes of constructing, improving, repairing, or maintaining public
1612 roads;
1613 (8) recreation;
1614 (9) fire protection, including:
1615 (a) emergency medical services, ambulance services, and search and rescue services, if
1616 fire protection service is also provided;
1617 (b) Firewise Communities programs and the development of community wildfire
1618 protection plans; and
1619 (c) the receipt of federal secure rural school funds as provided under Section 51-9-603
1620 for the purposes of carrying out Firewise Communities programs, developing community
1621 wildfire protection plans, and performing emergency services, including firefighting on federal
1622 land and other services authorized under this Subsection (9);
1623 (10) providing, operating, and maintaining correctional and rehabilitative facilities and
1624 programs for municipal, state, and other detainees and prisoners;
1625 (11) street lighting;
1626 (12) consolidated 911 and emergency dispatch;
1627 (13) animal shelter and control;
1628 (14) receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease
1629 Funds, and expending those funds to provide construction and maintenance of public facilities,
1630 traditional governmental services, and planning, as a means for mitigating impacts from
1631 extractive mineral industries;
1632 (15) in a county of the first class, extended police protection;
1633 (16) control or abatement of earth movement or a landslide;
1634 (17) an energy efficiency upgrade, a renewable energy system, or electric vehicle
1635 charging infrastructure as defined in Section [
1636 11, Chapter [
1637 or
1638 (18) cemetery.
1639 Section 28. Section 19-1-404 is amended to read:
1640 19-1-404. Department duties -- Rulemaking -- Loan repayment.
1641 (1) The department shall:
1642 (a) administer the fund created in Section 19-1-403 to encourage government officials
1643 and private sector business vehicle owners and operators to obtain and use clean fuel vehicles;
1644 and
1645 (b) by following the procedures and requirements of Title 63G, Chapter 3, Utah
1646 Administrative Rulemaking Act, make rules:
1647 (i) specifying the amount of money in the fund to be dedicated annually for grants;
1648 [
1649
1650
1651 [
1652 [
1653 [
1654 for a grant in a year;
1655 [
1656 loans and grants;
1657 [
1658 [
1659 (A) awarding loans and grants; and
1660 (B) collecting loans; and
1661 [
1662 (A) apply on forms provided by the department;
1663 (B) agree in writing to use the clean fuel for which each vehicle is converted or
1664 purchased using loan or grant proceeds for a minimum of 70% of the vehicle miles traveled
1665 beginning from the time of conversion or purchase of the vehicle;
1666 (C) agree in writing to notify the department if a vehicle converted or purchased using
1667 loan or grant proceeds becomes inoperable through mechanical failure or accident and to
1668 pursue a remedy outlined in department rules;
1669 (D) provide reasonable data to the department on a vehicle converted or purchased
1670 with loan or grant proceeds; and
1671 (E) submit a vehicle converted or purchased with loan or grant proceeds to inspections
1672 by the department as required in department rules and as necessary for administration of the
1673 loan and grant program.
1674 (2) (a) When developing repayment schedules for the loans, the department shall
1675 consider the projected savings from use of the clean vehicle.
1676 (b) A repayment schedule may not exceed 10 years.
1677 (c) The department shall make a loan from the fund for a private sector vehicle at an
1678 interest rate equal to the annual return earned in the state treasurer's Public Treasurer's Pool as
1679 determined the month immediately preceding the closing date of the loan.
1680 (d) The department shall make a loan from the fund for a government vehicle with no
1681 interest rate.
1682 (3) The Division of Finance shall:
1683 (a) collect and account for the loans; and
1684 (b) have custody of all loan documents, including all notes and contracts, evidencing
1685 the indebtedness of the fund.
1686 Section 29. Section 19-2-104 is amended to read:
1687 19-2-104. Powers of board.
1688 (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
1689 Administrative Rulemaking Act:
1690 (a) regarding the control, abatement, and prevention of air pollution from all sources
1691 and the establishment of the maximum quantity of air pollutants that may be emitted by an air
1692 pollutant source;
1693 (b) establishing air quality standards;
1694 (c) requiring persons engaged in operations that result in air pollution to:
1695 (i) install, maintain, and use emission monitoring devices, as the board finds necessary;
1696 (ii) file periodic reports containing information relating to the rate, period of emission,
1697 and composition of the air pollutant; and
1698 (iii) provide access to records relating to emissions which cause or contribute to air
1699 pollution;
1700 (d) (i) implementing:
1701 (A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
1702 Response, 15 U.S.C. 2601 et seq.;
1703 (B) 40 C.F.R. Part 763, Asbestos; and
1704 (C) 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants,
1705 Subpart M, National Emission Standard for Asbestos; and
1706 (ii) reviewing and approving asbestos management plans submitted by local education
1707 agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
1708 Response, 15 U.S.C. 2601 et seq.;
1709 (e) establishing a requirement for a diesel emission opacity inspection and maintenance
1710 program for diesel-powered motor vehicles;
1711 (f) implementing an operating permit program as required by and in conformity with
1712 Titles IV and V of the federal Clean Air Act Amendments of 1990;
1713 (g) establishing requirements for county emissions inspection and maintenance
1714 programs after obtaining agreement from the counties that would be affected by the
1715 requirements;
1716 (h) with the approval of the governor, implementing in air quality nonattainment areas
1717 employer-based trip reduction programs applicable to businesses having more than 100
1718 employees at a single location and applicable to federal, state, and local governments to the
1719 extent necessary to attain and maintain ambient air quality standards consistent with the state
1720 implementation plan and federal requirements under the standards set forth in Subsection (2);
1721 (i) implementing lead-based paint training, certification, and performance requirements
1722 in accordance with 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter IV --
1723 Lead Exposure Reduction, Sections 402 and 406; and
1724 (j) to implement the requirements of Section 19-2-107.5.
1725 (2) When implementing Subsection (1)(h) the board shall take into consideration:
1726 (a) the impact of the business on overall air quality; and
1727 (b) the need of the business to use automobiles in order to carry out its business
1728 purposes.
1729 (3) (a) The board may:
1730 (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of, or
1731 matter in, the administration of this chapter;
1732 (ii) recommend that the director:
1733 (A) issue orders necessary to enforce the provisions of this chapter;
1734 (B) enforce the orders by appropriate administrative and judicial proceedings;
1735 (C) institute judicial proceedings to secure compliance with this chapter; or
1736 (D) advise, consult, contract, and cooperate with other agencies of the state, local
1737 governments, industries, other states, interstate or interlocal agencies, the federal government,
1738 or interested persons or groups; and
1739 (iii) establish certification requirements for asbestos project monitors, which shall
1740 provide for experience-based certification of a person who:
1741 (A) receives relevant asbestos training, as defined by rule; and
1742 (B) has acquired a minimum of 1,000 hours of asbestos project monitoring related
1743 work experience.
1744 (b) The board shall:
1745 (i) to ensure compliance with applicable statutes and regulations:
1746 (A) review a settlement negotiated by the director in accordance with Subsection
1747 19-2-107(2)(b)(viii) that requires a civil penalty of $25,000 or more; and
1748 (B) approve or disapprove the settlement;
1749 (ii) encourage voluntary cooperation by persons and affected groups to achieve the
1750 purposes of this chapter;
1751 (iii) meet the requirements of federal air pollution laws;
1752 (iv) by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1753 Act, establish work practice and certification requirements for persons who:
1754 (A) contract for hire to conduct demolition, renovation, salvage, encapsulation work
1755 involving friable asbestos-containing materials, or asbestos inspections if:
1756 (I) the contract work is done on a site other than a residential property with four or
1757 fewer units; or
1758 (II) the contract work is done on a residential property with four or fewer units where a
1759 tested sample contained greater than 1% of asbestos;
1760 (B) conduct work described in Subsection (3)(b)(iv)(A) in areas to which the general
1761 public has unrestrained access or in school buildings that are subject to the federal Asbestos
1762 Hazard Emergency Response Act of 1986;
1763 (C) conduct asbestos inspections in facilities subject to 15 U.S.C. 2601 et seq., Toxic
1764 Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
1765 (D) conduct lead-based paint inspections in facilities subject to 15 U.S.C. 2601 et seq.,
1766 Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
1767 (v) establish certification requirements for a person required under 15 U.S.C. 2601 et
1768 seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to
1769 be accredited as an inspector, management planner, abatement project designer, asbestos
1770 abatement contractor and supervisor, or an asbestos abatement worker;
1771 [
1772
1773
1774 [
1775 2601 et seq., Toxic Control Act, Subchapter IV - Lead Exposure Reduction, to be accredited as
1776 an inspector, risk assessor, supervisor, project designer, abatement worker, renovator, or dust
1777 sampling technician; and
1778 [
1779 standards and implementing an idling reduction program in accordance with Section
1780 41-6a-1308.
1781 (4) A rule adopted under this chapter shall be consistent with provisions of federal
1782 laws, if any, relating to control of motor vehicles or motor vehicle emissions.
1783 (5) Nothing in this chapter authorizes the board to require installation of or payment for
1784 any monitoring equipment by the owner or operator of a source if the owner or operator has
1785 installed or is operating monitoring equipment that is equivalent to equipment which the board
1786 would require under this section.
1787 (6) (a) The board may not require testing for asbestos or related materials on a
1788 residential property with four or fewer units, unless:
1789 (i) the property's construction was completed before January 1, 1981; or
1790 (ii) the testing is for:
1791 (A) a sprayed-on or painted on ceiling treatment that contained or may contain asbestos
1792 fiber;
1793 (B) asbestos cement siding or roofing materials;
1794 (C) resilient flooring products including vinyl asbestos tile, sheet vinyl products,
1795 resilient flooring backing material, whether attached or unattached, and mastic;
1796 (D) thermal-system insulation or tape on a duct or furnace; or
1797 (E) vermiculite type insulation materials.
1798 (b) A residential property with four or fewer units is subject to an abatement rule made
1799 under Subsection (1) or (3)(b)(iv) if:
1800 (i) a sample from the property is tested for asbestos; and
1801 (ii) the sample contains asbestos measuring greater than 1%.
1802 (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
1803 following that are subject to the authority granted to the director under Section 19-2-107 or
1804 19-2-108:
1805 (a) a permit;
1806 (b) a license;
1807 (c) a registration;
1808 (d) a certification; or
1809 (e) another administrative authorization made by the director.
1810 (8) A board member may not speak or act for the board unless the board member is
1811 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1812 (9) Notwithstanding Subsection (7), the board may exercise all authority granted to the
1813 board by a federally enforceable state implementation plan.
1814 Section 30. Section 19-6-102.1 is amended to read:
1815 19-6-102.1. Treatment and disposal -- Exclusions.
1816 As used in Subsections [
1817 and 19-6-119(1)(a), the term "treatment [
1818 use, reuse, or reprocessing of fly ash waste, bottom ash waste, slag waste, or flue gas emission
1819 control waste generated primarily from the combustion of coal or other fossil fuels; waste from
1820 the extraction, beneficiation, and processing of ores and minerals; or cement kiln dust,
1821 including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road construction,
1822 railway ballast, construction fill, aggregate, and other construction-related purposes.
1823 Section 31. Section 19-6-104 is amended to read:
1824 19-6-104. Powers of board -- Creation of statewide solid waste management plan.
1825 (1) The board may:
1826 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1827 Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;
1828 (b) recommend that the director:
1829 (i) issue orders necessary to enforce the provisions of the Radiation Control Act;
1830 (ii) enforce the orders by appropriate administrative and judicial proceedings; or
1831 (iii) institute judicial proceedings to secure compliance with this part;
1832 (c) (i) hold a hearing that is not an adjudicative proceeding; or
1833 (ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
1834 (d) accept, receive, and administer grants or other funds or gifts from public and
1835 private agencies, including the federal government, for the purpose of carrying out any of the
1836 functions of the Radiation Control Act; or
1837 (e) order the director to impound radioactive material in accordance with Section
1838 19-3-111.
1839 (2) (a) The board shall promote the planning and application of pollution prevention
1840 and radioactive waste minimization measures to prevent the unnecessary waste and depletion
1841 of natural resources; and
1842 (b) review the qualifications of, and issue certificates of approval to, individuals who:
1843 (i) survey mammography equipment; or
1844 (ii) oversee quality assurance practices at mammography facilities.
1845 (3) The board shall:
1846 (a) survey solid and hazardous waste generation and management practices within this
1847 state and, after public hearing and after providing opportunities for comment by local
1848 governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
1849 waste management plan for the state;
1850 (b) order the director to:
1851 (i) issue orders necessary to effectuate the provisions of this part and rules made under
1852 this part;
1853 (ii) enforce the orders by administrative and judicial proceedings; or
1854 (iii) initiate judicial proceedings to secure compliance with this part;
1855 (c) promote the planning and application of resource recovery systems to prevent the
1856 unnecessary waste and depletion of natural resources;
1857 (d) meet the requirements of federal law related to solid and hazardous wastes to insure
1858 that the solid and hazardous wastes program provided for in this part is qualified to assume
1859 primacy from the federal government in control over solid and hazardous waste;
1860 (e) (i) require any facility, including those listed in Subsection (3)(e)(ii), to submit
1861 plans, specifications, and other information required by the board to the director prior to
1862 construction, modification, installation, or establishment of a facility to allow the director to
1863 determine whether the proposed construction, modification, installation, or establishment of the
1864 facility will be in accordance with rules made under this part;
1865 (ii) facilities referred to in Subsection (3)(e)(i) include any incinerator that is intended
1866 for disposing of nonhazardous solid waste; [
1867 (iii) a facility referred to in Subsection (3)(e)(i) does not include a commercial facility
1868 that is solely for the purpose of recycling, reuse, or reprocessing the following waste:
1869 (A) fly ash waste;
1870 (B) bottom ash waste;
1871 (C) slag waste; or
1872 (D) flue gas emission control waste generated primarily from the combustion of coal or
1873 other fossil fuels; and
1874 (iv) a facility referred to in Subsection (3)(e)(i) does not include a facility when the
1875 following waste is generated and the disposal occurs at an on-site location owned and operated
1876 by the generator of the waste:
1877 (A) waste from the extraction, beneficiation, and processing of ores and minerals listed
1878 in 40 C.F.R. 261.4(b)(7)(ii); or
1879 (B) cement kiln dust;
1880 (f) to ensure compliance with applicable statutes and regulations:
1881 (i) review a settlement negotiated by the director in accordance with Subsection
1882 19-6-107(3)(a) that requires a civil penalty of $25,000 or more; and
1883 (ii) approve or disapprove the settlement.
1884 (4) The board may:
1885 (a) (i) hold a hearing that is not an adjudicative proceeding; or
1886 (ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
1887 or
1888 (b) advise, consult, cooperate with, or provide technical assistance to other agencies of
1889 the state or federal government, other states, interstate agencies, or affected groups, political
1890 subdivisions, industries, or other persons in carrying out the purposes of this part.
1891 (5) (a) The board shall establish a comprehensive statewide waste management plan.
1892 (b) The plan shall:
1893 (i) incorporate the solid waste management plans submitted by the counties;
1894 (ii) provide an estimate of solid waste capacity needed in the state for the next 20
1895 years;
1896 (iii) assess the state's ability to minimize waste and recycle;
1897 (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
1898 needs and existing capacity;
1899 (v) evaluate facility siting, design, and operation;
1900 (vi) review funding alternatives for solid waste management; and
1901 (vii) address other solid waste management concerns that the board finds appropriate
1902 for the preservation of the public health and the environment.
1903 (c) The board shall consider the economic viability of solid waste management
1904 strategies prior to incorporating them into the plan and shall consider the needs of population
1905 centers.
1906 (d) The board shall review and modify the comprehensive statewide solid waste
1907 management plan no less frequently than every five years.
1908 (6) (a) The board shall determine the type of solid waste generated in the state and
1909 tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
1910 waste management plan.
1911 (b) The board shall review and modify the inventory no less frequently than once every
1912 five years.
1913 (7) Subject to the limitations contained in Subsection 19-6-102(18)(b), the board shall
1914 establish siting criteria for nonhazardous solid waste disposal facilities, including incinerators.
1915 (8) The board may not issue, amend, renew, modify, revoke, or terminate any of the
1916 following that are subject to the authority granted to the director under Section 19-6-107:
1917 (a) a permit;
1918 (b) a license;
1919 (c) a registration;
1920 (d) a certification; or
1921 (e) another administrative authorization made by the director.
1922 (9) A board member may not speak or act for the board unless the board member is
1923 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1924 Section 32. Section 19-6-715 is amended to read:
1925 19-6-715. Recycling fee collection procedures.
1926 (1) A lubricating oil vendor shall pay the fee collected under Section 19-6-714 to the
1927 commission:
1928 (a) monthly on or before the last day of the month immediately following the last day
1929 of the previous month if:
1930 (i) the lubricating oil vendor is required to file a sales and use tax return with the
1931 commission monthly under Section 59-12-108; or
1932 (ii) the lubricating oil vendor is not required to file a sales and use tax return under
1933 Title 59, Chapter 12, Sales and Use Tax Act; or
1934 (b) quarterly on or before the last day of the month immediately following the last day
1935 of the previous quarter if the lubricating oil vendor is required to file a sales and use tax return
1936 with the commission quarterly under Section [
1937 (2) A lubricating oil vendor may retain a maximum of 2% of the recycling fee it
1938 collects under Section 19-6-714 for the costs of collecting the fee.
1939 (3) The payment of the fee to the commission shall be accompanied by a form provided
1940 by the commission.
1941 Section 33. Section 19-6-808 is amended to read:
1942 19-6-808. Payment of recycling fee -- Administrative charge.
1943 (1) A tire retailer shall pay the recycling fee to the commission:
1944 (a) monthly on or before the last day of the month immediately following the last day
1945 of the previous month if:
1946 (i) the tire retailer is required to file a sales and use tax return with the commission
1947 monthly under Section 59-12-108; or
1948 (ii) the tire retailer is not required to file a sales and use tax return under Title 59,
1949 Chapter 12, Sales and Use Tax Act; or
1950 (b) quarterly on or before the last day of the month immediately following the last day
1951 of the previous quarter if the tire retailer is required to file a sales and use tax return with the
1952 commission quarterly under Section [
1953 (2) The payment shall be accompanied by a form prescribed by the commission.
1954 (3) (a) The proceeds of the fee shall be transferred by the commission to the fund for
1955 payment of partial reimbursement.
1956 (b) The commission shall retain and deposit an administrative charge in accordance
1957 with Section 59-1-306 from the revenues the commission collects from a fee under Section
1958 19-6-805.
1959 (4) (a) The commission shall administer, collect, and enforce the fee authorized under
1960 this part in accordance with the same procedures used in the administration, collection, and
1961 enforcement of the state sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act,
1962 and Title 59, Chapter 1, General Taxation Policies.
1963 (b) A tire retailer may retain 2-1/2% of the recycling fee collected under this part for
1964 the cost of collecting the fee.
1965 (c) The exemptions provided in Section 59-12-104 do not apply to this part.
1966 (5) The fee imposed by this part is in addition to all other state, county, or municipal
1967 fees and taxes imposed on the sale of new tires.
1968 Section 34. Section 20A-1-102 is amended to read:
1969 20A-1-102. Definitions.
1970 As used in this title:
1971 (1) "Active voter" means a registered voter who has not been classified as an inactive
1972 voter by the county clerk.
1973 (2) "Automatic tabulating equipment" means apparatus that automatically examines
1974 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
1975 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
1976 upon which a voter records the voter's votes.
1977 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
1978 envelopes.
1979 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
1980 (a) contain the names of offices and candidates and statements of ballot propositions to
1981 be voted on; and
1982 (b) are used in conjunction with ballot sheets that do not display that information.
1983 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
1984 on the ballot for their approval or rejection including:
1985 (a) an opinion question specifically authorized by the Legislature;
1986 (b) a constitutional amendment;
1987 (c) an initiative;
1988 (d) a referendum;
1989 (e) a bond proposition;
1990 (f) a judicial retention question;
1991 (g) an incorporation of a city or town; or
1992 (h) any other ballot question specifically authorized by the Legislature.
1993 (6) "Ballot sheet":
1994 (a) means a ballot that:
1995 (i) consists of paper or a card where the voter's votes are marked or recorded; and
1996 (ii) can be counted using automatic tabulating equipment; and
1997 (b) includes punch card ballots and other ballots that are machine-countable.
1998 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
1999 together with a staple or stitch in at least three places across the top of the paper in the blank
2000 space reserved for securing the paper.
2001 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
2002 20A-4-306 to canvass election returns.
2003 (9) "Bond election" means an election held for the purpose of approving or rejecting
2004 the proposed issuance of bonds by a government entity.
2005 (10) "Book voter registration form" means voter registration forms contained in a
2006 bound book that are used by election officers and registration agents to register persons to vote.
2007 (11) "Business reply mail envelope" means an envelope that may be mailed free of
2008 charge by the sender.
2009 (12) "By-mail voter registration form" means a voter registration form designed to be
2010 completed by the voter and mailed to the election officer.
2011 (13) "Canvass" means the review of election returns and the official declaration of
2012 election results by the board of canvassers.
2013 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
2014 the canvass.
2015 (15) "Contracting election officer" means an election officer who enters into a contract
2016 or interlocal agreement with a provider election officer.
2017 (16) "Convention" means the political party convention at which party officers and
2018 delegates are selected.
2019 (17) "Counting center" means one or more locations selected by the election officer in
2020 charge of the election for the automatic counting of ballots.
2021 (18) "Counting judge" means a poll worker designated to count the ballots during
2022 election day.
2023 (19) "Counting room" means a suitable and convenient private place or room,
2024 immediately adjoining the place where the election is being held, for use by the poll workers
2025 and counting judges to count ballots during election day.
2026 (20) "County officers" means those county officers that are required by law to be
2027 elected.
2028 (21) "Date of the election" or "election day" or "day of the election":
2029 (a) means the day that is specified in the calendar year as the day that the election
2030 occurs; and
2031 (b) does not include:
2032 (i) deadlines established for absentee voting; or
2033 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
2034 Voting.
2035 (22) "Elected official" means:
2036 (a) a person elected to an office under Section 20A-1-303 or Chapter [
2037 [
2038 (b) a person who is considered to be elected to a municipal office in accordance with
2039 Subsection 20A-1-206(1)(c)(ii); or
2040 (c) a person who is considered to be elected to a local district office in accordance with
2041 Subsection 20A-1-206(3)(c)(ii).
2042 (23) "Election" means a regular general election, a municipal general election, a
2043 statewide special election, a local special election, a regular primary election, a municipal
2044 primary election, and a local district election.
2045 (24) "Election Assistance Commission" means the commission established by the Help
2046 America Vote Act of 2002, Pub. L. No. 107-252.
2047 (25) "Election cycle" means the period beginning on the first day persons are eligible to
2048 file declarations of candidacy and ending when the canvass is completed.
2049 (26) "Election judge" means a poll worker that is assigned to:
2050 (a) preside over other poll workers at a polling place;
2051 (b) act as the presiding election judge; or
2052 (c) serve as a canvassing judge, counting judge, or receiving judge.
2053 (27) "Election officer" means:
2054 (a) the lieutenant governor, for all statewide ballots and elections;
2055 (b) the county clerk for:
2056 (i) a county ballot and election; and
2057 (ii) a ballot and election as a provider election officer as provided in Section
2058 20A-5-400.1 or 20A-5-400.5;
2059 (c) the municipal clerk for:
2060 (i) a municipal ballot and election; and
2061 (ii) a ballot and election as a provider election officer as provided in Section
2062 20A-5-400.1 or 20A-5-400.5;
2063 (d) the local district clerk or chief executive officer for:
2064 (i) a local district ballot and election; and
2065 (ii) a ballot and election as a provider election officer as provided in Section
2066 20A-5-400.1 or 20A-5-400.5; or
2067 (e) the business administrator or superintendent of a school district for:
2068 (i) a school district ballot and election; and
2069 (ii) a ballot and election as a provider election officer as provided in Section
2070 20A-5-400.1 or 20A-5-400.5.
2071 (28) "Election official" means any election officer, election judge, or poll worker.
2072 (29) "Election results" means:
2073 (a) for an election other than a bond election, the count of votes cast in the election and
2074 the election returns requested by the board of canvassers; or
2075 (b) for bond elections, the count of those votes cast for and against the bond
2076 proposition plus any or all of the election returns that the board of canvassers may request.
2077 (30) "Election returns" includes the pollbook, the military and overseas absentee voter
2078 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
2079 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
2080 form, and the total votes cast form.
2081 (31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
2082 device or other voting device that records and stores ballot information by electronic means.
2083 (32) "Electronic signature" means an electronic sound, symbol, or process attached to
2084 or logically associated with a record and executed or adopted by a person with the intent to sign
2085 the record.
2086 (33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
2087 (b) "Electronic voting device" includes a direct recording electronic voting device.
2088 (34) "Inactive voter" means a registered voter who is listed as inactive by a county
2089 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
2090 (35) "Judicial office" means the office filled by any judicial officer.
2091 (36) "Judicial officer" means any justice or judge of a court of record or any county
2092 court judge.
2093 (37) "Local district" means a local government entity under Title 17B, Limited Purpose
2094 Local Government Entities - Local Districts, and includes a special service district under Title
2095 17D, Chapter 1, Special Service District Act.
2096 (38) "Local district officers" means those local district board members that are required
2097 by law to be elected.
2098 (39) "Local election" means a regular county election, a regular municipal election, a
2099 municipal primary election, a local special election, a local district election, and a bond
2100 election.
2101 (40) "Local political subdivision" means a county, a municipality, a local district, or a
2102 local school district.
2103 (41) "Local special election" means a special election called by the governing body of a
2104 local political subdivision in which all registered voters of the local political subdivision may
2105 vote.
2106 (42) "Municipal executive" means:
2107 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
2108 (b) the mayor in the council-manager form of government defined in Subsection
2109 10-3b-103(7); or
2110 (c) the chair of a metro township form of government defined in Section 10-3b-102.
2111 (43) "Municipal general election" means the election held in municipalities and, as
2112 applicable, local districts on the first Tuesday after the first Monday in November of each
2113 odd-numbered year for the purposes established in Section 20A-1-202.
2114 (44) "Municipal legislative body" means:
2115 (a) the council of the city or town in any form of municipal government; or
2116 (b) the council of a metro township.
2117 (45) "Municipal office" means an elective office in a municipality.
2118 (46) "Municipal officers" means those municipal officers that are required by law to be
2119 elected.
2120 (47) "Municipal primary election" means an election held to nominate candidates for
2121 municipal office.
2122 (48) "Municipality" means a city, town, or metro township.
2123 (49) "Official ballot" means the ballots distributed by the election officer to the poll
2124 workers to be given to voters to record their votes.
2125 (50) "Official endorsement" means:
2126 (a) the information on the ballot that identifies:
2127 (i) the ballot as an official ballot;
2128 (ii) the date of the election; and
2129 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
2130 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
2131 (B) for a ballot prepared by a county clerk, the words required by Subsection
2132 20A-6-301(1)(b)(iii); and
2133 (b) the information on the ballot stub that identifies:
2134 (i) the poll worker's initials; and
2135 (ii) the ballot number.
2136 (51) "Official register" means the official record furnished to election officials by the
2137 election officer that contains the information required by Section 20A-5-401.
2138 (52) "Paper ballot" means a paper that contains:
2139 (a) the names of offices and candidates and statements of ballot propositions to be
2140 voted on; and
2141 (b) spaces for the voter to record the voter's vote for each office and for or against each
2142 ballot proposition.
2143 (53) "Political party" means an organization of registered voters that has qualified to
2144 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
2145 and Procedures.
2146 (54) (a) "Poll worker" means a person assigned by an election official to assist with an
2147 election, voting, or counting votes.
2148 (b) "Poll worker" includes election judges.
2149 (c) "Poll worker" does not include a watcher.
2150 (55) "Pollbook" means a record of the names of voters in the order that they appear to
2151 cast votes.
2152 (56) "Polling place" means the building where voting is conducted.
2153 (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
2154 in which the voter marks the voter's choice.
2155 (58) "Presidential Primary Election" means the election established in Chapter 9, Part
2156 8, Presidential Primary Election.
2157 (59) "Primary convention" means the political party conventions held during the year
2158 of the regular general election.
2159 (60) "Protective counter" means a separate counter, which cannot be reset, that:
2160 (a) is built into a voting machine; and
2161 (b) records the total number of movements of the operating lever.
2162 (61) "Provider election officer" means an election officer who enters into a contract or
2163 interlocal agreement with a contracting election officer to conduct an election for the
2164 contracting election officer's local political subdivision in accordance with Section
2165 20A-5-400.1.
2166 (62) "Provisional ballot" means a ballot voted provisionally by a person:
2167 (a) whose name is not listed on the official register at the polling place;
2168 (b) whose legal right to vote is challenged as provided in this title; or
2169 (c) whose identity was not sufficiently established by a poll worker.
2170 (63) "Provisional ballot envelope" means an envelope printed in the form required by
2171 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
2172 verify a person's legal right to vote.
2173 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
2174 duties of the position for which the person was elected.
2175 (65) "Receiving judge" means the poll worker that checks the voter's name in the
2176 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
2177 after the voter has voted.
2178 (66) "Registration form" means a book voter registration form and a by-mail voter
2179 registration form.
2180 (67) "Regular ballot" means a ballot that is not a provisional ballot.
2181 (68) "Regular general election" means the election held throughout the state on the first
2182 Tuesday after the first Monday in November of each even-numbered year for the purposes
2183 established in Section 20A-1-201.
2184 (69) "Regular primary election" means the election, held on the date specified in
2185 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
2186 local school board positions to advance to the regular general election.
2187 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
2188 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
2189 and distributed as provided in Section 20A-5-405.
2190 (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
2191 punch the ballot for one or more candidates who are members of different political parties or
2192 who are unaffiliated.
2193 (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
2194 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
2195 the voter's vote.
2196 (74) "Special election" means an election held as authorized by Section 20A-1-203.
2197 (75) "Spoiled ballot" means each ballot that:
2198 (a) is spoiled by the voter;
2199 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
2200 (c) lacks the official endorsement.
2201 (76) "Statewide special election" means a special election called by the governor or the
2202 Legislature in which all registered voters in Utah may vote.
2203 (77) "Stub" means the detachable part of each ballot.
2204 (78) "Substitute ballots" means replacement ballots provided by an election officer to
2205 the poll workers when the official ballots are lost or stolen.
2206 (79) "Ticket" means a list of:
2207 (a) political parties;
2208 (b) candidates for an office; or
2209 (c) ballot propositions.
2210 (80) "Transfer case" means the sealed box used to transport voted ballots to the
2211 counting center.
2212 (81) "Vacancy" means the absence of a person to serve in any position created by
2213 statute, whether that absence occurs because of death, disability, disqualification, resignation,
2214 or other cause.
2215 (82) "Valid voter identification" means:
2216 (a) a form of identification that bears the name and photograph of the voter which may
2217 include:
2218 (i) a currently valid Utah driver license;
2219 (ii) a currently valid identification card that is issued by:
2220 (A) the state; or
2221 (B) a branch, department, or agency of the United States;
2222 (iii) a currently valid Utah permit to carry a concealed weapon;
2223 (iv) a currently valid United States passport; or
2224 (v) a currently valid United States military identification card;
2225 (b) one of the following identification cards, whether or not the card includes a
2226 photograph of the voter:
2227 (i) a valid tribal identification card;
2228 (ii) a Bureau of Indian Affairs card; or
2229 (iii) a tribal treaty card; or
2230 (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
2231 the name of the voter and provide evidence that the voter resides in the voting precinct, which
2232 may include:
2233 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
2234 election;
2235 (ii) a bank or other financial account statement, or a legible copy thereof;
2236 (iii) a certified birth certificate;
2237 (iv) a valid social security card;
2238 (v) a check issued by the state or the federal government or a legible copy thereof;
2239 (vi) a paycheck from the voter's employer, or a legible copy thereof;
2240 (vii) a currently valid Utah hunting or fishing license;
2241 (viii) certified naturalization documentation;
2242 (ix) a currently valid license issued by an authorized agency of the United States;
2243 (x) a certified copy of court records showing the voter's adoption or name change;
2244 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
2245 (xii) a currently valid identification card issued by:
2246 (A) a local government within the state;
2247 (B) an employer for an employee; or
2248 (C) a college, university, technical school, or professional school located within the
2249 state; or
2250 (xiii) a current Utah vehicle registration.
2251 (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
2252 candidate by following the procedures and requirements of this title.
2253 (84) "Voter" means a person who:
2254 (a) meets the requirements for voting in an election;
2255 (b) meets the requirements of election registration;
2256 (c) is registered to vote; and
2257 (d) is listed in the official register book.
2258 (85) "Voter registration deadline" means the registration deadline provided in Section
2259 20A-2-102.5.
2260 (86) "Voting area" means the area within six feet of the voting booths, voting
2261 machines, and ballot box.
2262 (87) "Voting booth" means:
2263 (a) the space or compartment within a polling place that is provided for the preparation
2264 of ballots, including the voting machine enclosure or curtain; or
2265 (b) a voting device that is free standing.
2266 (88) "Voting device" means:
2267 (a) an apparatus in which ballot sheets are used in connection with a punch device for
2268 piercing the ballots by the voter;
2269 (b) a device for marking the ballots with ink or another substance;
2270 (c) an electronic voting device or other device used to make selections and cast a ballot
2271 electronically, or any component thereof;
2272 (d) an automated voting system under Section 20A-5-302; or
2273 (e) any other method for recording votes on ballots so that the ballot may be tabulated
2274 by means of automatic tabulating equipment.
2275 (89) "Voting machine" means a machine designed for the sole purpose of recording
2276 and tabulating votes cast by voters at an election.
2277 (90) "Voting precinct" means the smallest voting unit established as provided by law
2278 within which qualified voters vote at one polling place.
2279 (91) "Watcher" means an individual who complies with the requirements described in
2280 Section 20A-3-201 to become a watcher for an election.
2281 (92) "Write-in ballot" means a ballot containing any write-in votes.
2282 (93) "Write-in vote" means a vote cast for a person whose name is not printed on the
2283 ballot according to the procedures established in this title.
2284 Section 35. Section 20A-3-302 is amended to read:
2285 20A-3-302. Conducting election by absentee ballot.
2286 (1) (a) Notwithstanding Section 17B-1-306, an election officer may administer an
2287 election by absentee ballot under this section.
2288 (b) An election officer who administers an election by absentee ballot, except for an
2289 election conducted under Section 20A-7-609.5, shall, before the following dates, notify the
2290 lieutenant governor that the election will be administered by absentee ballot:
2291 (i) February 1 of an even-numbered year if the election is a regular general election; or
2292 (ii) May 1 of an odd-numbered year if the election is a municipal general election.
2293 (2) An election officer who administers an election by absentee ballot:
2294 (a) shall mail to each active voter within a voting precinct:
2295 (i) an absentee ballot;
2296 (ii) for an election administered by a county clerk, information regarding the location
2297 and hours of operation of any election day voting center at which the voter may vote;
2298 (iii) a courtesy reply mail envelope;
2299 (iv) instructions for returning the ballot that include an express notice about any
2300 relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
2301 (v) for an election administered by an election officer other than a county clerk, if the
2302 election officer does not operate a polling location or an election day voting center, a warning,
2303 on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
2304 the instructions included with the absentee ballot, the voter will be unable to vote in that
2305 election because there will be no polling place in the voting precinct on the day of the election;
2306 and
2307 (b) may not mail an absentee ballot under this section to:
2308 (i) an inactive voter; or
2309 (ii) a voter whom the election officer is prohibited from sending an absentee ballot
2310 under Subsection (8)(c)(ii).
2311 (3) A voter who votes by absentee ballot under this section is not required to apply for
2312 an absentee ballot as required by this part.
2313 (4) An election officer who administers an election by absentee ballot shall:
2314 (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
2315 the election; or
2316 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
2317 and
2318 (b) maintain the signatures on file in the election officer's office.
2319 (5) Upon receipt of a returned absentee ballot, the election officer shall review and
2320 process the ballot under Section 20A-3-308.
2321 (6) A county that administers an election by absentee ballot:
2322 (a) shall provide at least one election day voting center in accordance with Chapter 3,
2323 Part 7, Election Day Voting Center, for every 5,000 active voters in the county who will not
2324 receive an absentee ballot, but not fewer than one election day voting center;
2325 (b) shall ensure that each election day voting center operated by the county has at least
2326 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
2327 Pub. L. No. 107-252, for individuals with disabilities;
2328 (c) may reduce the early voting period described in Section [
2329 (i) the county clerk conducts early voting on at least four days;
2330 (ii) the early voting days are within the period beginning on the date that is 14 days
2331 before the date of the election and ending on the day before the election; and
2332 (iii) the county clerk provides notice of the reduced early voting period in accordance
2333 with Section 20A-3-604;
2334 (d) is not required to pay return postage for an absentee ballot; and
2335 (e) is subject to an audit conducted under Subsection (7).
2336 (7) (a) The lieutenant governor shall:
2337 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
2338 an election conducted under this section; and
2339 (ii) after each primary, general, or special election conducted under this section, select
2340 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
2341 developed under Subsection (7)(a)(i).
2342 (b) The lieutenant governor shall post the results of an audit conducted under this
2343 Subsection (7) on the lieutenant governor's website.
2344 (8) (a) An individual in a jurisdiction that conducts an election by absentee ballot may
2345 request that the election officer not send the individual a ballot by mail in the next and
2346 subsequent elections by submitting a written request to the election officer.
2347 (b) An individual shall submit the request described in Subsection (8)(a) to the election
2348 officer before 5 p.m. no later than 60 days before an election if the individual does not wish to
2349 receive an absentee ballot in that election.
2350 (c) An election officer who receives a request from an individual under Subsection
2351 (8)(a):
2352 (i) shall remove the individual's name from the list of voters who will receive an
2353 absentee ballot; and
2354 (ii) may not send the individual an absentee ballot for:
2355 (A) the next election, if the individual submits the request described in Subsection
2356 (8)(a) before the deadline described in Subsection (8)(b); or
2357 (B) an election after the election described in Subsection (8)(c)(ii)(A).
2358 (d) An individual who submits a request under Subsection (8)(a) may resume the
2359 individual's receipt of an absentee ballot in an election conducted under this section by filing an
2360 absentee ballot request under Section 20A-3-304.
2361 Section 36. Section 20A-7-402 is amended to read:
2362 20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
2363 Preparation -- Statement on front cover.
2364 (1) The county or municipality that is subject to a ballot proposition shall prepare a
2365 local voter information pamphlet that complies with the requirements of this part.
2366 (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
2367 that is subject to a special local ballot proposition shall provide a notice that complies with the
2368 requirements of Subsection (2)(c)(ii) to the municipality's residents by:
2369 (i) if the municipality regularly mails a newsletter, utility bill, or other material to the
2370 municipality's residents, including the notice with a newsletter, utility bill, or other material;
2371 (ii) posting the notice, until after the deadline described in Subsection (2)(d) has
2372 passed, on:
2373 (A) the Utah Public Notice Website created in Section 63F-1-701; and
2374 (B) the home page of the municipality's website, if the municipality has a website; and
2375 (iii) sending the notice electronically to each individual in the municipality for whom
2376 the municipality has an email address.
2377 (b) A county that is subject to a special local ballot proposition shall:
2378 (i) send an electronic notice that complies with the requirements of Subsection
2379 (2)(c)(ii) to each individual in the county for whom the county has an email address; or
2380 (ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
2381 complies with the requirements of Subsection (2)(c)(ii) on:
2382 (A) the Utah Public Notice Website created in Section 63F-1-701; and
2383 (B) the home page of the county's website.
2384 (c) A municipality or county that mails, sends, or posts a notice under Subsection (2)(a)
2385 or (b) shall:
2386 (i) mail, send, or post the notice:
2387 (A) not less than 90 days before the date of the election at which a special local ballot
2388 proposition will be voted upon; or
2389 (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
2390 after the special local ballot proposition is approved to be voted upon in an election; and
2391 (ii) ensure that the notice contains:
2392 (A) the ballot title for the special local ballot proposition;
2393 (B) instructions on how to file a request under Subsection (2)(d); and
2394 (C) the deadline described in Subsection (2)(d).
2395 (d) To prepare a written argument for or against a special local ballot proposition, an
2396 eligible voter shall file a request with the election officer before 5 p.m. no later than 55 days
2397 before the day of the election at which the special local ballot proposition is to be voted on.
2398 (e) If more than one eligible voter requests the opportunity to prepare a written
2399 argument for or against a special local ballot proposition, the election officer shall make the
2400 final designation in accordance with the following order of priority:
2401 (i) sponsors have priority in preparing an argument regarding a special local ballot
2402 proposition; and
2403 (ii) members of the local legislative body have priority over others if a majority of the
2404 local legislative body supports the written argument.
2405 (f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
2406 later than 67 days before the day of the election at which the ballot proposition is to be voted
2407 on.
2408 (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
2409 favor of the special local ballot proposition.
2410 (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
2411 proposition who submits a request under Subsection (2)(d) may prepare a written argument
2412 against the special local ballot proposition.
2413 (h) An eligible voter who submits a written argument under this section in relation to a
2414 special local ballot proposition shall:
2415 (i) ensure that the written argument does not exceed 500 words in length, not counting
2416 the information described in Subsection (2)(h)(ii) or (iv);
2417 (ii) list, at the end of the argument, at least one, but no more than five, names as
2418 sponsors;
2419 (iii) submit the written argument to the election officer before 5 p.m. no later than 60
2420 days before the election day on which the ballot proposition will be submitted to the voters;
2421 (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
2422 residential address; and
2423 (v) submit with the written argument the eligible voter's name, residential address,
2424 postal address, email address if available, and phone number.
2425 (i) An election officer shall refuse to accept and publish an argument submitted after
2426 the deadline described in Subsection (2)(h)(iii).
2427 (3) (a) An election officer who timely receives the written arguments in favor of and
2428 against a special local ballot proposition shall, within one business day after the day on which
2429 the election office receives both written arguments, send, via mail or email:
2430 (i) a copy of the written argument in favor of the special local ballot proposition to the
2431 eligible voter who submitted the written argument against the special local ballot proposition;
2432 and
2433 (ii) a copy of the written argument against the special local ballot proposition to the
2434 eligible voter who submitted the written argument in favor of the special local ballot
2435 proposition.
2436 (b) The eligible voter who submitted a timely written argument in favor of the special
2437 local ballot proposition:
2438 (i) may submit to the election officer a written rebuttal argument of the written
2439 argument against the special local ballot proposition;
2440 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
2441 not counting the information described in Subsection [
2442 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
2443 before the election day on which the special local ballot proposition will be submitted to the
2444 voters.
2445 (c) The eligible voter who submitted a timely written argument against the special local
2446 ballot proposition:
2447 (i) may submit to the election officer a written rebuttal argument of the written
2448 argument in favor of the special local ballot proposition;
2449 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
2450 not counting the information described in Subsection [
2451 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
2452 before the election day on which the special local ballot proposition will be submitted to the
2453 voters.
2454 (d) An election officer shall refuse to accept and publish a written rebuttal argument in
2455 relation to a special local ballot proposition that is submitted after the deadline described in
2456 Subsection (3)(b)(iii) or (3)(c)(iii).
2457 (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
2458 proposition:
2459 (i) an eligible voter may not modify a written argument or a written rebuttal argument
2460 after the eligible voter submits the written argument or written rebuttal argument to the election
2461 officer; and
2462 (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
2463 modify a written argument or a written rebuttal argument.
2464 (b) The election officer, and the eligible voter who submits a written argument or
2465 written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
2466 modify a written argument or written rebuttal argument in order to:
2467 (i) correct factual, grammatical, or spelling errors; and
2468 (ii) reduce the number of words to come into compliance with the requirements of this
2469 section.
2470 (c) An election officer shall refuse to accept and publish a written argument or written
2471 rebuttal argument in relation to a special local ballot proposition if the eligible voter who
2472 submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
2473 modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
2474 (5) In relation to a special local ballot proposition, an election officer may designate
2475 another eligible voter to take the place of an eligible voter described in this section if the
2476 original eligible voter is, due to injury, illness, death, or another circumstance, unable to
2477 continue to fulfill the duties of an eligible voter described in this section.
2478 (6) Sponsors whose written argument in favor of a standard local ballot proposition is
2479 included in a proposition information pamphlet under Section 20A-7-401.5:
2480 (a) may, if a written argument against the standard local ballot proposition is included
2481 in the proposition information pamphlet, submit a written rebuttal argument to the election
2482 officer;
2483 (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
2484 and
2485 (c) shall submit the written rebuttal argument no later than 45 days before the election
2486 day on which the standard local ballot proposition will be submitted to the voters.
2487 (7) (a) A county or municipality that submitted a written argument against a standard
2488 local ballot proposition that is included in a proposition information pamphlet under Section
2489 20A-7-401.5:
2490 (i) may, if a written argument in favor of the standard local ballot proposition is
2491 included in the proposition information pamphlet, submit a written rebuttal argument to the
2492 election officer;
2493 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
2494 and
2495 (iii) shall submit the written rebuttal argument no later than 45 days before the election
2496 day on which the ballot proposition will be submitted to the voters.
2497 (b) If a county or municipality submits more than one written rebuttal argument under
2498 Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
2499 giving preference to a written rebuttal argument submitted by a member of a local legislative
2500 body.
2501 (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
2502 that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
2503 (b) Before an election officer publishes a local voter information pamphlet under this
2504 section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
2505 Records Access and Management Act.
2506 (c) An election officer who receives a written rebuttal argument described in this
2507 section may not, before publishing the local voter information pamphlet described in this
2508 section, disclose the written rebuttal argument, or any information contained in the written
2509 rebuttal argument, to any person who may in any way be involved in preparing an opposing
2510 rebuttal argument.
2511 (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
2512 rebuttal argument after the written rebuttal argument is submitted to the election officer.
2513 (b) The election officer, and the person who submits a written rebuttal argument, may
2514 jointly agree to modify a written rebuttal argument in order to:
2515 (i) correct factual, grammatical, or spelling errors; or
2516 (ii) reduce the number of words to come into compliance with the requirements of this
2517 section.
2518 (c) An election officer shall refuse to accept and publish a written rebuttal argument if
2519 the person who submits the written rebuttal argument:
2520 (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
2521 accordance with Subsection (9)(b); or
2522 (ii) does not timely submit the written rebuttal argument to the election officer.
2523 (d) An election officer shall make a good faith effort to negotiate a modification
2524 described in Subsection (9)(b) in an expedited manner.
2525 (10) An election officer may designate another person to take the place of a person who
2526 submits a written rebuttal argument in relation to a standard local ballot proposition if the
2527 person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
2528 person's duties.
2529 (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
2530 impact estimate and the legal impact statement prepared for each initiative under Section
2531 20A-7-502.5.
2532 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
2533 include the following statement in bold type:
2534 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
2535 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2536 increase in the current tax rate."
2537 (12) (a) In preparing the local voter information pamphlet, the election officer shall:
2538 (i) ensure that the written arguments are printed on the same sheet of paper upon which
2539 the ballot proposition is also printed;
2540 (ii) ensure that the following statement is printed on the front cover or the heading of
2541 the first page of the printed written arguments:
2542 "The arguments for or against a ballot proposition are the opinions of the authors.";
2543 (iii) pay for the printing and binding of the local voter information pamphlet; and
2544 (iv) not less than 15 days before, but not more than 45 days before, the election at
2545 which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
2546 voter entitled to vote on the ballot proposition:
2547 (A) a voter information pamphlet; or
2548 (B) the notice described in Subsection (12)(c).
2549 (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
2550 election officer may summarize the ballot proposition in 500 words or less.
2551 (ii) The summary shall state where a complete copy of the ballot proposition is
2552 available for public review.
2553 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
2554 preaddressed return form that a person may use to request delivery of a voter information
2555 pamphlet by mail.
2556 (ii) The notice described in Subsection (12)(c)(i) shall include:
2557 (A) the address of the Statewide Electronic Voter Information Website authorized by
2558 Section 20A-7-801; and
2559 (B) the phone number a voter may call to request delivery of a voter information
2560 pamphlet by mail or carrier.
2561 Section 37. Section 26-18-416 is amended to read:
2562 26-18-416. Primary Care Network enhancement waiver program.
2563 (1) As used in this section:
2564 (a) "Enhancement waiver program" means the Primary Care Network enhancement
2565 waiver program described in this section.
2566 (b) "Federal poverty level" means the poverty guidelines established by the secretary of
2567 the United States Department of Health and Human Services under 42 U.S.C. Sec. 9902(2).
2568 (c) "Health coverage improvement program" means the same as that term is defined in
2569 Section 26-18-411.
2570 (d) "Income eligibility ceiling" means the percentage of federal poverty level:
2571 (i) established by the Legislature in an appropriations act adopted pursuant to Title 63J,
2572 Chapter 1, Budgetary Procedures Act; and
2573 (ii) under which an individual may qualify for coverage in the enhancement waiver
2574 program in accordance with this section.
2575 (e) "Optional population" means the optional expansion population under PPACA if
2576 the expansion provides coverage for individuals at or above 95% of the federal poverty level.
2577 (f) "Primary Care Network" means the state Primary Care Network program created by
2578 the Medicaid primary care network demonstration waiver obtained under Section 26-18-3.
2579 (2) The department shall continue to implement the Primary Care Network program for
2580 qualified individuals under the Primary Care Network program.
2581 (3) (a) The division shall apply for a Medicaid waiver or a state plan amendment with
2582 CMS to implement, within the state Medicaid program, the enhancement waiver program
2583 described in this section within six months after the day on which:
2584 (i) the division receives a notice from CMS that the waiver for the Medicaid waiver
2585 expansion submitted under Section 26-18-415, Medicaid waiver expansion, will not be
2586 approved; or
2587 (ii) the division withdraws the waiver for the Medicaid waiver expansion submitted
2588 under Section 26-18-415, Medicaid waiver expansion.
2589 (b) The division may not apply for a waiver under Subsection (3)(a) while a waiver
2590 request under Section 26-18-415, Medicaid waiver expansion, is pending with CMS.
2591 (4) An individual who is eligible for the enhancement waiver program may receive the
2592 following benefits under the enhancement waiver program:
2593 (a) the benefits offered under the Primary Care Network program;
2594 (b) diagnostic testing and procedures;
2595 (c) medical specialty care;
2596 (d) inpatient hospital services;
2597 (e) outpatient hospital services;
2598 (f) outpatient behavioral health care, including outpatient substance abuse care; and
2599 (g) for an individual who qualifies for the health coverage improvement program, as
2600 approved by CMS, temporary residential treatment for substance abuse in a short term,
2601 non-institutional, 24-hour facility, without a bed capacity limit, that provides rehabilitation
2602 services that are medically necessary and in accordance with an individualized treatment plan.
2603 (5) An individual is eligible for the enhancement waiver program if, at the time of
2604 enrollment:
2605 (a) the individual is qualified to enroll in the Primary Care Network or the health
2606 coverage improvement program;
2607 (b) the individual's annual income is below the income eligibility ceiling established by
2608 the Legislature under Subsection (1)(d); and
2609 (c) the individual meets the eligibility criteria established by the department under
2610 Subsection (6).
2611 (6) (a) Based on available funding and approval from CMS [
2612
2613 enhancement waiver program, based on the following priority:
2614 (i) adults in the expansion population, as defined in Section 26-18-411, who qualify for
2615 the health coverage improvement program;
2616 (ii) adults with dependent children who qualify for the health coverage improvement
2617 program under Subsection 26-18-411(3) ;
2618 (iii) adults with dependent children who do not qualify for the health coverage
2619 improvement program; and
2620 (iv) if funding is available, adults without dependent children.
2621 (b) The number of individuals enrolled in the enhancement waiver program may not
2622 exceed 105% of the number of individuals who were enrolled in the Primary Care Network on
2623 December 31, 2017.
2624 (c) The department may only use appropriations from the Medicaid Expansion Fund
2625 created in Section 26-36b-208 to fund the state portion of the enhancement waiver program.
2626 (7) The department may request a modification of the income eligibility ceiling and the
2627 eligibility criteria under Subsection (6) from CMS each fiscal year based on enrollment in the
2628 enhancement waiver program, projected enrollment in the enhancement waiver program, costs
2629 to the state, and the state budget.
2630 (8) The department may implement the enhancement waiver program by contracting
2631 with Medicaid accountable care organizations to administer the enhancement waiver program.
2632 (9) In accordance with Subsections 26-18-411(11) and (12), the department may use
2633 funds that have been appropriated for the health coverage improvement program to implement
2634 the enhancement waiver program.
2635 (10) If the department expands the state Medicaid program to the optional population,
2636 the department:
2637 (a) except as provided in Subsection (11), may not accept any new enrollees into the
2638 enhancement waiver program after the day on which the expansion to the optional population
2639 is effective;
2640 (b) shall suspend the enhancement waiver program within one year after the day on
2641 which the expansion to the optional population is effective; and
2642 (c) shall work with CMS to maintain the waiver for the enhancement waiver program
2643 submitted under Subsection (3) while the enhancement waiver program is suspended under
2644 Subsection (10)(b).
2645 (11) If, after the expansion to the optional population described in Subsection (10)
2646 takes effect, the expansion to the optional population is repealed by either the state or the
2647 federal government, the department shall reinstate the enhancement waiver program and
2648 continue to accept new enrollees into the enhancement waiver program in accordance with the
2649 provisions of this section.
2650 Section 38. Section 26-19-302 is amended to read:
2651 26-19-302. Insurance policies not to deny or reduce benefits of individuals eligible
2652 for state medical assistance -- Exemptions.
2653 (1) A policy of accident or sickness insurance may not contain any provision denying
2654 or reducing benefits because services are rendered to an insured or dependent who is eligible
2655 for or receiving medical assistance from the state.
2656 (2) An association, corporation, or organization may not deliver, issue for delivery, or
2657 renew any subscriber's contract which contains any provisions denying or reducing benefits
2658 because services are rendered to a subscriber or dependent who is eligible for or receiving
2659 medical assistance from the state.
2660 (3) An association, corporation, business, or organization authorized to do business in
2661 this state and which provides or pays for any health care benefits may not deny or reduce
2662 benefits because services are rendered to a beneficiary who is eligible for or receiving medical
2663 assistance from the state.
2664 (4) Notwithstanding Subsection (1), (2), or (3), the Utah State Public [
2665 Employees' Health Program, administered by the Utah State Retirement Board, is not required
2666 to reimburse any agency of state government for custodial care which the agency provides,
2667 through its staff or facilities, to members of the Utah State Public [
2668 Health Program.
2669 Section 39. Section 26-61a-113 is amended to read:
2670 26-61a-113. No effect on use of hemp extract -- Cannabidiol -- Approved drugs.
2671 (1) Nothing in this chapter prohibits an individual[
2672
2673
2674 purchasing, selling, possessing, or using a cannabidiol product in accordance with Section
2675 4-41-402.
2676 (2) Nothing in this chapter restricts or otherwise affects the prescription, distribution,
2677 or dispensing of a product that the United States Food and Drug Administration has approved.
2678 Section 40. Section 26-61a-301 is amended to read:
2679 26-61a-301. Medical cannabis pharmacy -- License -- Eligibility.
2680 (1) A person may not operate as a medical cannabis pharmacy without a license that
2681 the department issues under this part.
2682 (2) (a) (i) Subject to Subsections (4) and (5) and to Section 26-61a-305, the department
2683 shall issue a license to operate a medical cannabis pharmacy in accordance with Title 63G,
2684 Chapter 6a, Utah Procurement Code.
2685 (ii) The department may not issue a license to operate a medical cannabis pharmacy to
2686 an applicant who is not eligible for a license under this section.
2687 (b) An applicant is eligible for a license under this section if the applicant submits to
2688 the department:
2689 (i) subject to Subsection (2)(c), a proposed name and address where the applicant will
2690 operate the medical cannabis pharmacy;
2691 (ii) the name and address of an individual who:
2692 (A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
2693 pharmacy; or
2694 (B) has the power to direct or cause the management or control of a proposed cannabis
2695 production establishment;
2696 (iii) a statement that the applicant will obtain and maintain a performance bond that a
2697 surety authorized to transact surety business in the state issues in an amount of at least
2698 $125,000 for each application that the applicant submits to the department;
2699 (iv) an operating plan that:
2700 (A) complies with Section 26-61a-304;
2701 (B) includes operating procedures to comply with the operating requirements for a
2702 medical cannabis pharmacy described in this chapter and with a relevant municipal or county
2703 law that is consistent with Section 26-61a-507; and
2704 (C) the department approves;
2705 (v) an application fee in an amount that, subject to Subsection 26-61a-109(5), the
2706 department sets in accordance with Section 63J-1-504; and
2707 (vi) a description of any investigation or adverse action taken by any licensing
2708 jurisdiction, government agency, law enforcement agency, or court in any state for any
2709 violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
2710 or businesses.
2711 (c) (i) A person may not locate a medical cannabis pharmacy:
2712 (A) within 200 feet of a community location; or
2713 (B) in or within 600 feet of a district that the relevant municipality or county has zoned
2714 as primarily residential.
2715 (ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
2716 from the nearest entrance to the medical cannabis pharmacy establishment by following the
2717 shortest route of ordinary pedestrian travel to the property boundary of the community location
2718 or residential area.
2719 (iii) The department may grant a waiver to reduce the proximity requirements in
2720 Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
2721 for the applicant to site the proposed medical cannabis pharmacy without the waiver.
2722 (iv) An applicant for a license under this section shall provide evidence of compliance
2723 with the proximity requirements described in Subsection (2)(c)(i).
2724 (d) The department may not issue a license to an eligible applicant that the department
2725 has selected to receive a license until the selected eligible applicant obtains the performance
2726 bond described in Subsection (2)(b)(iii).
2727 (e) If the department receives more than one application for a medical cannabis
2728 pharmacy within the same city or town, the department shall consult with the local land use
2729 authority before approving any of the applications pertaining to that city or town.
2730 (3) If the department selects an applicant for a medical cannabis pharmacy license
2731 under this section, the department shall:
2732 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
2733 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
2734 (b) notify the Department of Public Safety of the license approval and the names of
2735 each individual described in Subsection (2)(b)(ii).
2736 (4) The department may not issue a license to operate a medical cannabis pharmacy to
2737 an applicant if an individual described in Subsection (2)(b)(ii):
2738 (a) has been convicted under state or federal law of:
2739 (i) a felony; or
2740 (ii) after December 3, 2018, a misdemeanor for drug distribution;
2741 (b) is younger than 21 years old; or
2742 (c) after [
2743 actively serving as a legislator.
2744 (5) If an applicant for a medical cannabis pharmacy license under this section holds a
2745 license under Title 4, Chapter 41, Hemp and Cannabinoid Act, or Title 4, Chapter 41a,
2746 Cannabis Production Establishments, the department:
2747 (a) shall consult with the Department of Agriculture and Food regarding the applicant;
2748 and
2749 (b) may not give preference to the applicant based on the applicant's status as a holder
2750 of a license described in this Subsection (5).
2751 (6) The department may revoke a license under this part if:
2752 (a) the medical cannabis pharmacy does not begin operations within one year after the
2753 day on which the department issues the initial license;
2754 (b) the medical cannabis pharmacy makes the same violation of this chapter three
2755 times;
2756 (c) an individual described in Subsection (2)(b)(ii) is convicted, while the license is
2757 active, under state or federal law of:
2758 (i) a felony; or
2759 (ii) after December 3, 2018, a misdemeanor for drug distribution; or
2760 (d) the licensee fails to provide the information described in Subsection (2)(b)(vi) at
2761 the time of application, or fails to supplement the information described in Subsection
2762 (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
2763 application.
2764 (7) (a) A person who receives a medical cannabis pharmacy license under this chapter,
2765 if the municipality or county where the licensed medical cannabis pharmacy will be located
2766 requires a local land use permit, shall submit to the department a copy of the licensee's
2767 approved application for the land use permit within 120 days after the day on which the
2768 department issues the license.
2769 (b) If a licensee fails to submit to the department a copy the licensee's approved land
2770 use permit application in accordance with Subsection (7)(a), the department may revoke the
2771 licensee's license.
2772 (8) The department shall deposit the proceeds of a fee imposed by this section in the
2773 Qualified Patient Enterprise Fund.
2774 (9) The department shall begin accepting applications under this part on or before
2775 March 1, 2020.
2776 (10) (a) The department's authority to issue a license under this section is plenary and is
2777 not subject to review.
2778 (b) Notwithstanding Subsection (2), the decision of the department to award a license
2779 to an applicant is not subject to:
2780 (i) Title 63G, Chapter 6a, Part 16, Protests; or
2781 (ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
2782 Section 41. Section 26-61a-602 is amended to read:
2783 26-61a-602. State central patient portal medical provider.
2784 (1) In relation to the state central patient portal:
2785 (a) the department may only employ, as a state central patient portal medical provider:
2786 (i) a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act; or
2787 (ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
2788 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
2789 (b) if the department employs a state central patient portal medical provider, the
2790 department shall ensure that a state central patient portal medical provider is available during
2791 normal business hours.
2792 (2) A state central patient portal medical provider may:
2793 (a) provide consultations to medical cannabis cardholders and qualified medical
2794 providers; and
2795 (b) determine dosing parameters in accordance with Subsection 26-61a-502(5).
2796 Section 42. Section 26-61a-604 is amended to read:
2797 26-61a-604. Home delivery of medical cannabis shipments -- Medical cannabis
2798 couriers -- License.
2799 (1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2800 Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
2801 delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders that the
2802 state central patient portal facilitates, including rules regarding the safe and controlled delivery
2803 of medical cannabis shipments.
2804 (2) A person may not operate as a medical cannabis courier without a license that the
2805 department issues under this section.
2806 (3) (a) Subject to Subsections (5) and (6), the department shall issue a license to
2807 operate as a medical cannabis courier to an applicant who is eligible for a license under this
2808 section.
2809 (b) An applicant is eligible for a license under this section if the applicant submits to
2810 the department:
2811 (i) the name and address of an individual who:
2812 (A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
2813 pharmacy; or
2814 (B) has the power to direct or cause the management or control of a proposed cannabis
2815 production establishment;
2816 (ii) an operating plan that includes operating procedures to comply with the operating
2817 requirements for a medical cannabis courier described in this chapter; and
2818 (iii) an application fee in an amount that, subject to Subsection 26-61a-109(5), the
2819 department sets in accordance with Section 63J-1-504.
2820 (4) If the department determines that an applicant is eligible for a license under this
2821 section, the department shall:
2822 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
2823 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
2824 (b) notify the Department of Public Safety of the license approval and the names of
2825 each individual described in Subsection (3)(b)(ii).
2826 (5) The department may not issue a license to operate as a medical cannabis courier to
2827 an applicant if an individual described in Subsection (3)(b)(ii):
2828 (a) has been convicted under state or federal law of:
2829 (i) a felony; or
2830 (ii) after [
2831 distribution; or
2832 (b) is younger than 21 years old.
2833 (6) The department may revoke a license under this part if:
2834 (a) the medical cannabis courier does not begin operations within one year after the day
2835 on which the department issues the initial license;
2836 (b) the medical cannabis courier makes the same violation of this chapter three times;
2837 or
2838 (c) an individual described in Subsection (3)(b)(ii) is convicted, while the license is
2839 active, under state or federal law of:
2840 (i) a felony; or
2841 (ii) after [
2842 distribution.
2843 (7) The department shall deposit the proceeds of a fee imposed by this section in the
2844 Qualified Patient Enterprise Fund.
2845 (8) The department shall begin accepting applications under this section on or before
2846 July 1, 2020.
2847 (9) The department's authority to issue a license under this section is plenary and is not
2848 subject to review.
2849 (10) Each applicant for a license as a medical cannabis courier shall submit, at the time
2850 of application, from each individual who has a financial or voting interest of 2% or greater in
2851 the applicant or who has the power to direct or cause the management or control of the
2852 applicant:
2853 (a) a fingerprint card in a form acceptable to the Department of Public Safety;
2854 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2855 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
2856 Generation Identification System's Rap Back Service; and
2857 (c) consent to a fingerprint background check by:
2858 (i) the Bureau of Criminal Identification; and
2859 (ii) the Federal Bureau of Investigation.
2860 (11) The Bureau of Criminal Identification shall:
2861 (a) check the fingerprints the applicant submits under Subsection (10) against the
2862 applicable state, regional, and national criminal records databases, including the Federal
2863 Bureau of Investigation Next Generation Identification System;
2864 (b) report the results of the background check to the department;
2865 (c) maintain a separate file of fingerprints that applicants submit under Subsection (10)
2866 for search by future submissions to the local and regional criminal records databases, including
2867 latent prints;
2868 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2869 Generation Identification System's Rap Back Service for search by future submissions to
2870 national criminal records databases, including the Next Generation Identification System and
2871 latent prints; and
2872 (e) establish a privacy risk mitigation strategy to ensure that the department only
2873 receives notifications for an individual with whom the department maintains an authorizing
2874 relationship.
2875 (12) The department shall:
2876 (a) assess an individual who submits fingerprints under Subsection (10) a fee in an
2877 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2878 Bureau of Criminal Identification or another authorized agency provides under this section; and
2879 (b) remit the fee described in Subsection (12)(a) to the Bureau of Criminal
2880 Identification.
2881 (13) The department shall renew a license under this section every year if, at the time
2882 of renewal:
2883 (a) the licensee meets the requirements of this section; and
2884 (b) the licensee pays the department a license renewal fee in an amount that, subject to
2885 Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2886 (14) A person applying for a medical cannabis courier license shall submit to the
2887 department a proposed operating plan that complies with this section and that includes:
2888 (a) a description of the physical characteristics of any proposed facilities, including a
2889 floor plan and an architectural elevation, and delivery vehicles;
2890 (b) a description of the credentials and experience of each officer, director, or owner of
2891 the proposed medical cannabis courier;
2892 (c) the medical cannabis courier's employee training standards;
2893 (d) a security plan; and
2894 (e) storage and delivery protocols, both short and long term, to ensure that medical
2895 cannabis shipments are stored and delivered in a manner that is sanitary and preserves the
2896 integrity of the cannabis.
2897 Section 43. Section 26-61a-702 is amended to read:
2898 26-61a-702. Enforcement -- Fine -- Citation.
2899 (1) (a) The department may, for a medical cannabis pharmacy's violation of this chapter
2900 or an applicable administrative rule:
2901 (i) revoke the medical cannabis pharmacy license;
2902 (ii) refuse to renew the medical cannabis pharmacy license; or
2903 (iii) assess the medical cannabis pharmacy an administrative penalty.
2904 (b) The department may, for a medical cannabis pharmacy agent's or medical cannabis
2905 courier agent's violation of this chapter:
2906 (i) revoke the medical cannabis pharmacy agent or medical cannabis courier agent
2907 registration card;
2908 (ii) refuse to renew the medical cannabis pharmacy agent or medical cannabis courier
2909 agent registration card; or
2910 (iii) assess the medical cannabis pharmacy agent or medical cannabis courier agent an
2911 administrative penalty.
2912 (2) The department shall deposit an administrative penalty imposed under this section
2913 into the General Fund.
2914 (3) For a person subject to an uncontested citation, a stipulated settlement, or a finding
2915 of a violation in an adjudicative proceeding under this section, the department may:
2916 (a) for a fine amount not already specified in law, assess the person a fine of up to
2917 $5,000 per violation, in accordance with a fine schedule that the department establishes by rule
2918 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
2919 (b) order the person to cease and desist from the action that creates a violation.
2920 (4) The department may not revoke a medical cannabis pharmacy's license or a medical
2921 cannabis courier's license without first directing the medical cannabis pharmacy or [
2922 medical cannabis [
2923 conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2924 (5) If, within 20 calendar days after the day on which the department issues a citation
2925 for a violation of this chapter, the person that is the subject of the citation fails to request a
2926 hearing to contest the citation, the citation becomes the department's final order.
2927 (6) The department may, for a person who fails to comply with a citation under this
2928 section:
2929 (a) refuse to issue or renew the person's license or agent registration card; or
2930 (b) suspend, revoke, or place on probation the person's license or agent registration
2931 card.
2932 (7) (a) Except where a criminal penalty is expressly provided for a specific violation of
2933 this chapter, if an individual violates a provision of this chapter, the individual is:
2934 (i) guilty of an infraction; and
2935 (ii) subject to a $100 fine.
2936 (b) An individual who is guilty of a violation described in Subsection (7)(a) is not
2937 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
2938 underlying the violation described in Subsection (7)(a).
2939 Section 44. Section 30-3-37 is amended to read:
2940 30-3-37. Relocation.
2941 (1) For purposes of this section, "relocation" means moving 150 miles or more from
2942 the residence of the other parent.
2943 (2) The relocating parent shall provide 60 days advance written notice of the intended
2944 relocation to the other parent. The written notice of relocation shall contain statements
2945 affirming the following:
2946 (a) the parent-time provisions in Subsection [
2947 parties will be followed; and
2948 (b) neither parent will interfere with the other's parental rights pursuant to court
2949 ordered parent-time arrangements, or the schedule approved by both parties.
2950 (3) The court shall, upon motion of any party or upon the court's own motion, schedule
2951 a hearing with notice to review the notice of relocation and parent-time schedule as provided in
2952 Section 30-3-35 and make appropriate orders regarding the parent-time and costs for
2953 parent-time transportation.
2954 (4) In a hearing to review the notice of relocation, the court shall, in determining if the
2955 relocation of a custodial parent is in the best interest of the child, consider any other factors that
2956 the court considers relevant to the determination. If the court determines that relocation is not
2957 in the best interest of the child, and the custodial parent relocates, the court may order a change
2958 of custody.
2959 (5) If the court finds that the relocation is in the best interest of the child, the court shall
2960 determine the parent-time schedule and allocate the transportation costs that will be incurred
2961 for the child to visit the noncustodial parent. In making its determination, court shall consider:
2962 (a) the reason for the parent's relocation;
2963 (b) the additional costs or difficulty to both parents in exercising parent-time;
2964 (c) the economic resources of both parents; and
2965 (d) other factors the court considers necessary and relevant.
2966 (6) Unless otherwise ordered by the court, upon the relocation, as defined in
2967 Subsection (1), of one of the parties the following schedule shall be the minimum requirements
2968 for parent-time for children 5 to 18 years of age:
2969 (a) in years ending in an odd number, the child shall spend the following holidays with
2970 the noncustodial parent:
2971 (i) Thanksgiving holiday beginning Wednesday until Sunday; and
2972 (ii) Spring break, if applicable, beginning the last day of school before the holiday until
2973 the day before school resumes;
2974 (b) in years ending in an even number, the child shall spend the following holidays
2975 with the noncustodial parent:
2976 (i) the entire winter school break period; and
2977 (ii) the Fall school break beginning the last day of school before the holiday until the
2978 day before school resumes;
2979 (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
2980 weeks. The children should be returned to the custodial home no later than seven days before
2981 school begins; however, this week shall be counted when determining the amount of
2982 parent-time to be divided between the parents for the summer or off-track period; and
2983 (d) one weekend per month, at the option and expense of the noncustodial parent.
2984 (7) The court may also set a parent-time schedule for children under the age of five.
2985 The schedule shall take into consideration the following:
2986 (a) the age of the child;
2987 (b) the developmental needs of the child;
2988 (c) the distance between the parents' homes;
2989 (d) the travel arrangements and cost;
2990 (e) the level of attachment between the child and the noncustodial parent; and
2991 (f) any other factors relevant to the best interest of the child.
2992 (8) The noncustodial parent's monthly weekend entitlement is subject to the following
2993 restrictions.
2994 (a) If the noncustodial parent has not designated a specific weekend for parent-time,
2995 the noncustodial parent shall receive the last weekend of each month unless a holiday assigned
2996 to the custodial parent falls on that particular weekend. If a holiday assigned to the custodial
2997 parent falls on the last weekend of the month, the noncustodial parent shall be entitled to the
2998 next to the last weekend of the month.
2999 (b) If a noncustodial parent's extended parent-time or parent-time over a holiday
3000 extends into or through the first weekend of the next month, that weekend shall be considered
3001 the noncustodial parent's monthly weekend entitlement for that month.
3002 (c) If a child is out of school for teacher development days or snow days after the
3003 children begin the school year, or other days not included in the list of holidays in Subsection
3004 (6) and those days are contiguous with the noncustodial parent's monthly weekend parent-time,
3005 those days shall be included in the weekend parent-time.
3006 (9) The custodial parent is entitled to all parent-time not specifically allocated to the
3007 noncustodial parent.
3008 (10) In the event finances and distance preclude the exercise of minimum parent-time
3009 for the noncustodial parent during the school year, the court should consider awarding more
3010 time for the noncustodial parent during the summer time if it is in the best interests of the
3011 children.
3012 (11) Upon the motion of any party, the court may order uninterrupted parent-time with
3013 the noncustodial parent for a minimum of 30 days during extended parent-time, unless the
3014 court finds it is not in the best interests of the child. If the court orders uninterrupted
3015 parent-time during a period not covered by this section, it shall specify in its order which parent
3016 is responsible for the child's travel expenses.
3017 (12) Unless otherwise ordered by the court the relocating party shall be responsible for
3018 all the child's travel expenses relating to Subsections (6)(a) and (b) and 1/2 of the child's travel
3019 expenses relating to Subsection (6)(c), provided the noncustodial parent is current on all
3020 support obligations. If the noncustodial parent has been found in contempt for not being
3021 current on all support obligations, the noncustodial parent shall be responsible for all of the
3022 child's travel expenses under Subsection (6), unless the court rules otherwise. Reimbursement
3023 by either responsible party to the other for the child's travel expenses shall be made within 30
3024 days of receipt of documents detailing those expenses.
3025 (13) The court may apply this provision to any preexisting decree of divorce.
3026 (14) Any action under this section may be set for an expedited hearing.
3027 (15) A parent who fails to comply with the notice of relocation in Subsection (2) shall
3028 be in contempt of the court's order.
3029 Section 45. Section 31A-2-218 is amended to read:
3030 31A-2-218. Strategic plan for health system reform.
3031 The commissioner and the department shall:
3032 (1) work with the Governor's Office of Economic Development, the Department of
3033 Health, the Department of Workforce Services, and the Legislature to develop health system
3034 reform [
3035
3036 (2) work with health insurers in accordance with Section 31A-22-635 to develop
3037 standards for health insurance applications and compatible electronic systems;
3038 (3) facilitate a private sector method for the collection of health insurance premium
3039 payments made for a single policy by multiple payers, including the policyholder, one or more
3040 employers of one or more individuals covered by the policy, government programs, and others
3041 by educating employers and insurers about collection services available through private
3042 vendors, including financial institutions;
3043 (4) encourage health insurers to develop products that:
3044 (a) encourage health care providers to follow best practice protocols;
3045 (b) incorporate other health care quality improvement mechanisms; and
3046 (c) incorporate rewards and incentives for healthy lifestyles and behaviors as permitted
3047 by the Health Insurance Portability and Accountability Act;
3048 (5) involve the Office of Consumer Health Assistance created in Section 31A-2-216, as
3049 necessary, to accomplish the requirements of this section; and
3050 (6) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3051 make rules, as necessary, to implement Subsections (2), (3), and (4).
3052 Section 46. Section 31A-30-106.1 is amended to read:
3053 31A-30-106.1. Small employer premiums -- Rating restrictions -- Disclosure.
3054 (1) Premium rates for small employer health benefit plans under this chapter are
3055 subject to this section.
3056 (2) (a) The index rate for a rating period for any class of business may not exceed the
3057 index rate for any other class of business by more than 20%.
3058 (b) For a class of business, the premium rates charged during a rating period to covered
3059 insureds with similar case characteristics for the same or similar coverage, or the rates that
3060 could be charged to an employer group under the rating system for that class of business, may
3061 not vary from the index rate by more than 30% of the index rate, except when catastrophic
3062 mental health coverage is selected as provided in Subsection 31A-22-625(2)(d).
3063 (3) The percentage increase in the premium rate charged to a covered insured for a new
3064 rating period, adjusted pro rata for rating periods less than a year, may not exceed the sum of
3065 the following:
3066 (a) the percentage change in the new business premium rate measured from the first
3067 day of the prior rating period to the first day of the new rating period;
3068 (b) any adjustment, not to exceed 15% annually and adjusted pro rata for rating periods
3069 of less than one year, due to the claim experience, health status, or duration of coverage of the
3070 covered individuals as determined from the small employer carrier's rate manual for the class of
3071 business, except when catastrophic mental health coverage is selected as provided in
3072 Subsection 31A-22-625(2)(d); and
3073 (c) any adjustment due to change in coverage or change in the case characteristics of
3074 the covered insured as determined for the class of business from the small employer carrier's
3075 rate manual.
3076 (4) (a) Adjustments in rates for claims experience, health status, and duration from
3077 issue may not be charged to individual employees or dependents.
3078 (b) Rating adjustments and factors, including case characteristics, shall be applied
3079 uniformly and consistently to the rates charged for all employees and dependents of the small
3080 employer.
3081 (c) Rating factors shall produce premiums for identical groups that:
3082 (i) differ only by the amounts attributable to plan design; and
3083 (ii) do not reflect differences due to the nature of the groups assumed to select
3084 particular health benefit plans.
3085 (d) A small employer carrier shall treat all health benefit plans issued or renewed in the
3086 same calendar month as having the same rating period.
3087 (5) A health benefit plan that uses a restricted network provision may not be considered
3088 similar coverage to a health benefit plan that does not use a restricted network provision,
3089 provided that use of the restricted network provision results in substantial difference in claims
3090 costs.
3091 (6) The small employer carrier may not use case characteristics other than the
3092 following:
3093 (a) age of the employee, in accordance with Subsection (7);
3094 (b) geographic area;
3095 (c) family composition in accordance with Subsection (9);
3096 (d) for plans renewed or effective on or after July 1, 2011, gender of the employee and
3097 spouse;
3098 (e) for an individual age 65 and older, whether the employer policy is primary or
3099 secondary to Medicare; and
3100 (f) a wellness program, in accordance with Subsection (12).
3101 (7) Age limited to:
3102 (a) the following age bands:
3103 (i) less than 20;
3104 (ii) 20-24;
3105 (iii) 25-29;
3106 (iv) 30-34;
3107 (v) 35-39;
3108 (vi) 40-44;
3109 (vii) 45-49;
3110 (viii) 50-54;
3111 (ix) 55-59;
3112 (x) 60-64; and
3113 (xi) 65 and above; and
3114 (b) a standard slope ratio range for each age band, applied to each family composition
3115 tier rating structure under Subsection (9)(b):
3116 (i) as developed by the commissioner by administrative rule; and
3117 (ii) not to exceed an overall ratio as provided in Subsection (8).
3118 (8) (a) The overall ratio permitted in Subsection (7)(b)(ii) may not exceed:
3119 (i) 5:1 for plans renewed or effective before January 1, 2012; and
3120 (ii) 6:1 for plans renewed or effective on or after January 1, 2012; and
3121 (b) the age slope ratios for each age band may not overlap.
3122 (9) [
3123 limited to:
3124 (a) an overall ratio of:
3125 (i) 5:1 or less for plans renewed or effective before January 1, 2012; and
3126 (ii) 6:1 or less for plans renewed or effective on or after January 1, 2012; and
3127 (b) a tier rating structure that includes:
3128 (i) four tiers that include:
3129 (A) employee only;
3130 (B) employee plus spouse;
3131 (C) employee plus a child or children; and
3132 (D) a family, consisting of an employee plus spouse, and a child or children;
3133 (ii) for plans renewed or effective on or after January 1, 2012, five tiers that include:
3134 (A) employee only;
3135 (B) employee plus spouse;
3136 (C) employee plus one child;
3137 (D) employee plus two or more children; and
3138 (E) employee plus spouse plus one or more children; or
3139 (iii) for plans renewed or effective on or after January 1, 2012, six tiers that include:
3140 (A) employee only;
3141 (B) employee plus spouse;
3142 (C) employee plus one child;
3143 (D) employee plus two or more children;
3144 (E) employee plus spouse plus one child; and
3145 (F) employee plus spouse plus two or more children.
3146 (10) If a health benefit plan is a health benefit plan into which the small employer
3147 carrier is no longer enrolling new covered insureds, the small employer carrier shall use the
3148 percentage change in the base premium rate, provided that the change does not exceed, on a
3149 percentage basis, the change in the new business premium rate for the most similar health
3150 benefit plan into which the small employer carrier is actively enrolling new covered insureds.
3151 (11) (a) A covered carrier may not transfer a covered insured involuntarily into or out
3152 of a class of business.
3153 (b) A covered carrier may not offer to transfer a covered insured into or out of a class
3154 of business unless the offer is made to transfer all covered insureds in the class of business
3155 without regard to:
3156 (i) case characteristics;
3157 (ii) claim experience;
3158 (iii) health status; or
3159 (iv) duration of coverage since issue.
3160 (12) Notwithstanding Subsection (4)(b), a small employer carrier may:
3161 (a) offer a wellness program to a small employer group if:
3162 (i) the premium discount to the employer for the wellness program does not exceed
3163 20% of the premium for the small employer group; and
3164 (ii) the carrier offers the wellness program discount uniformly across all small
3165 employer groups;
3166 (b) offer a premium discount as part of a wellness program to individual employees in
3167 a small employer group:
3168 (i) to the extent allowed by federal law; and
3169 (ii) if the employee discount based on the wellness program is offered uniformly across
3170 all small employer groups; and
3171 (c) offer a combination of premium discounts for the employer and the employee,
3172 based on a wellness program, if:
3173 (i) the employer discount complies with Subsection (12)(a); and
3174 (ii) the employee discount complies with Subsection (12)(b).
3175 (13) (a) A small employer carrier shall maintain at the small employer carrier's
3176 principal place of business a complete and detailed description of its rating practices and
3177 renewal underwriting practices, including information and documentation that demonstrate that
3178 the small employer carrier's rating methods and practices are:
3179 (i) based upon commonly accepted actuarial assumptions; and
3180 (ii) in accordance with sound actuarial principles.
3181 (b) (i) A small employer carrier shall file with the commissioner on or before April 1 of
3182 each year, in a form and manner and containing information as prescribed by the
3183 commissioner, an actuarial certification certifying that:
3184 (A) the small employer carrier is in compliance with this chapter; and
3185 (B) the rating methods of the small employer carrier are actuarially sound.
3186 (ii) A copy of the certification required by Subsection (13)(b)(i) shall be retained by the
3187 small employer carrier at the small employer carrier's principal place of business.
3188 (c) A small employer carrier shall make the information and documentation described
3189 in this Subsection (13) available to the commissioner upon request.
3190 (14) (a) The commissioner shall establish rules in accordance with Title 63G, Chapter
3191 3, Utah Administrative Rulemaking Act, to:
3192 (i) implement this chapter; and
3193 (ii) assure that rating practices used by small employer carriers under this section and
3194 carriers for individual plans under Section 31A-30-106 are consistent with the purposes of this
3195 chapter.
3196 (b) The rules may:
3197 (i) assure that differences in rates charged for health benefit plans by carriers are
3198 reasonable and reflect objective differences in plan design, not including differences due to the
3199 nature of the groups or individuals assumed to select particular health benefit plans; and
3200 (ii) prescribe the manner in which case characteristics may be used by small employer
3201 and individual carriers.
3202 (15) Records submitted to the commissioner under this section shall be maintained by
3203 the commissioner as protected records under Title 63G, Chapter 2, Government Records
3204 Access and Management Act.
3205 Section 47. Section 31A-30-112 is amended to read:
3206 31A-30-112. Employee participation levels.
3207 (1) (a) For purposes of this section, "participation" [
3208 is defined in Section 31A-1-301.
3209 (b) Except as provided in Subsection (2) [
3210 used by a covered carrier in determining whether to provide coverage to a small employer,
3211 including a participation requirement and a minimum employer contribution requirement, shall
3212 be applied uniformly among all small employers with the same number of eligible employees
3213 applying for coverage or receiving coverage from the covered carrier.
3214 (2) A covered carrier may not increase a participation requirement or a requirement for
3215 minimum employer contribution, applicable to a small employer, at any time after the small
3216 employer is accepted for coverage.
3217 Section 48. Section 31A-30-115 is amended to read:
3218 31A-30-115. Actuarial review of health benefit plans.
3219 (1) (a) The department shall conduct an actuarial review of rates submitted by a carrier
3220 that offers a small employer plan and a carrier that offers an individual plan under this chapter:
3221 (i) to verify the validity of the rates, risk factors, and premiums of the plans; and
3222 (ii) as the department determines is necessary to oversee market conduct.
3223 (b) The actuarial review by the department shall be funded from a fee:
3224 (i) established by the department in accordance with Section 63J-1-504; and
3225 (ii) paid by a carrier offering a health benefit plan subject to this chapter.
3226 (c) The department shall[
3227
3228 determines it is appropriate, to:
3229 [
3230 carrier; and
3231 [
3232 premiums.
3233 (d) A carrier shall comply with the department's request under Subsection (1)(c)(ii).
3234 (2) (a) There is created in the General Fund a restricted account known as the "Health
3235 Insurance Actuarial Review Restricted Account."
3236 (b) The Health Insurance Actuarial Review Restricted Account shall consist of money
3237 received by the commissioner under this section.
3238 (c) The commissioner shall administer the Health Insurance Actuarial Review
3239 Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use
3240 money deposited into the Health Insurance Actuarial Review Restricted Account to pay for the
3241 actuarial review conducted by the department under this section.
3242 Section 49. Section 31A-30-117 is amended to read:
3243 31A-30-117. Patient Protection and Affordable Care Act -- Market transition.
3244 (1) (a) [
3245 The commissioner may adopt administrative rules that change the rating and underwriting
3246 requirements of this chapter as necessary to transition the insurance market to meet federal
3247 qualified health plan standards and rating practices under PPACA.
3248 (b) Administrative rules adopted by the commissioner under this section may include:
3249 (i) the regulation of health benefit plans as described in Subsections 31A-2-212(5)(a)
3250 and (b); and
3251 (ii) disclosure of records and information required by PPACA and state law.
3252 (c) (i) The commissioner shall establish by administrative rule one statewide open
3253 enrollment period that applies to the individual insurance market that is not on the PPACA
3254 certified individual exchange.
3255 (ii) The statewide open enrollment period:
3256 (A) may be shorter, but no longer than the open enrollment period established for the
3257 individual insurance market offered in the PPACA certified exchange; and
3258 (B) may not be extended beyond the dates of the open enrollment period established
3259 for the individual insurance market offered in the PPACA certified exchange.
3260 (2) A carrier that offers health benefit plans in the individual market that is not part of
3261 the individual PPACA certified exchange:
3262 (a) shall open enrollment:
3263 (i) during the statewide open enrollment period established in Subsection (1)(c); and
3264 (ii) at other times, for qualifying events, as determined by administrative rule adopted
3265 by the commissioner; and
3266 (b) may open enrollment at any time.
3267 (3) To the extent permitted by the Centers for Medicare and Medicaid Services policy,
3268 or federal regulation, the commissioner shall allow a health insurer to choose to continue
3269 coverage and individuals and small employers to choose to re-enroll in coverage in
3270 nongrandfathered health coverage that is not in compliance with market reforms required by
3271 PPACA.
3272 Section 50. Section 32B-7-408 is amended to read:
3273 32B-7-408. Master off-premise beer retailer state license.
3274 (1) (a) The commission may issue a master off-premise beer retailer state license that
3275 authorizes a person to store, sell, or offer for sale beer for consumption off the person's
3276 premises at multiple locations as off-premise beer retailers if the person applying for the master
3277 off-premise beer retailer state license:
3278 (i) owns each of the off-premise beer retailers;
3279 (ii) except for the fee requirements, establishes to the satisfaction of the commission
3280 that each location of an off-premise beer retailer under the master off-premise beer retailer state
3281 license separately meets the requirements of this part; and
3282 (iii) the master off-premise beer retailer state license includes at least five off-premise
3283 beer retailer locations.
3284 (b) The person seeking a master off-premise beer retailer state license shall designate
3285 which off-premise beer retailer locations the person seeks to have under the master off-premise
3286 beer retailer state license.
3287 (c) An off-premise beer retailer location under a master off-premise beer retailer state
3288 license is considered separately licensed for purposes of this title.
3289 (2) (a) A master off-premise beer retailer state license expires on the last day of
3290 February each year.
3291 (b) To renew a person's master off-premise beer retailer state license, a person shall
3292 comply with the renewal requirements of Section 32B-7-403 by no later than January 31 of the
3293 year in which the off-premise beer retailer state license expires.
3294 (3) (a) The nonrefundable application fee for a master off-premise beer retailer state
3295 license is $75.
3296 (b) The initial license fee for a master off-premise beer retailer state license is:
3297 (i) $1,100 plus a separate initial license fee for each newly licensed off-premise beer
3298 retailer state license under the master off-premise beer retailer state license determined in
3299 accordance with Subsection 32B-7-402(3); and
3300 (ii) refundable if the commission does not issue the master off-premise beer retailer
3301 state license.
3302 (c) The renewal fee for a master off-premise beer retailer state license is $300 plus a
3303 separate renewal fee for each off-premise beer retailer state license under the master
3304 off-premise beer retailer state license determined in accordance with Subsection
3305 32B-7-403(2)(b).
3306 (4) A new location may be added to a master off-premise beer retailer state license
3307 after the master off-premise beer retailer state license is issued if, including payment of the
3308 initial license fee, the location separately meets the requirements of this part.
3309 (5) (a) A master off-premise beer retailer state licensee shall notify the department of a
3310 change in the persons managing a location covered by a master off-premise beer retailer state
3311 license:
3312 (i) immediately, if the management personnel is not management personnel at a
3313 location covered by the master off-premise beer retailer state license at the time of the change;
3314 or
3315 (ii) within 30 days of the change, if the off-premise beer retailer state licensee is
3316 transferring management personnel from one location to another location covered by the master
3317 off-premise beer retailer state license.
3318 (b) A location covered by a master off-premise beer retailer state license shall keep its
3319 own records on its premises so that the department may audit the records.
3320 (c) A master off-premise beer retailer state licensee may not transfer beer between
3321 different locations covered by the master off-premise beer retailer state license.
3322 (6) (a) If there is a violation of this title at a location covered by a master off-premise
3323 beer retailer state license, the violation may result in disciplinary action in accordance with
3324 Chapter 3, Disciplinary Actions and Enforcement Act, against:
3325 (i) the single location under [
3326 (ii) individual staff of the location under the master off-premise beer retailer state
3327 license; or
3328 (iii) a combination of persons or locations described in Subsections (6)(a)(i) and (ii).
3329 (b) In addition to disciplinary action under Subsection (6)(a), disciplinary action in
3330 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, may be taken against a
3331 master off-premise beer retailer state licensee or individual staff of the master off-premise beer
3332 retailer state licensee if during a period beginning on March 1 and ending the last day of
3333 February:
3334 (i) at least 25% of the locations covered by the master off-premise beer retailer state
3335 license have been found by the commission to have committed a serious or grave violation of
3336 this title, as defined by rule made by the commission; or
3337 (ii) at least 50% of the locations covered by the master off-premise beer retailer state
3338 license have been found by the commission to have violated this title.
3339 (7) The commission may make rules, in accordance with Title 63G, Chapter 3, Utah
3340 Administrative Rulemaking Act, to establish how a person may apply for a master off-premise
3341 beer retailer state license under this section.
3342 Section 51. Section 32B-10-206 is amended to read:
3343 32B-10-206. General operational requirements for special use permit.
3344 (1) (a) A special use permittee and staff of the special use permittee shall comply with
3345 this title and rules of the commission, including the relevant part of the chapter that applies to
3346 the type of special use permit held by the special use permittee.
3347 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
3348 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
3349 (i) a special use permittee;
3350 (ii) individual staff of a special use permittee; or
3351 (iii) a special use permittee and staff of the special use permittee.
3352 (c) The commission may suspend or revoke a special use permit with or without cause.
3353 (2) (a) If there is a conflict between this part and the relevant part under this chapter for
3354 the specific type of special use permit, the relevant part under this chapter governs.
3355 (b) Notwithstanding that this part may refer to "liquor" or an "alcoholic product," a
3356 special use permittee may only purchase, use, store, sell, offer for sale, allow consumption, or
3357 manufacture an alcoholic product authorized for the special use permit that is held by the
3358 special use permittee.
3359 (c) Notwithstanding that this part or the relevant part under this chapter for the type of
3360 special use permit held by a special use permittee refers to "special use permittee," a person
3361 involved in the purchase, use, [
3362 allowing consumption, or manufacture of an alcoholic product for which the special use permit
3363 is issued is subject to the same requirement or prohibition.
3364 (3) (a) A special use permittee shall make and maintain a record, as required by
3365 commission rule, of any alcoholic product purchased, used, sold, or manufactured.
3366 (b) Section 32B-1-205 applies to a record required to be made or maintained in
3367 accordance with this Subsection (3).
3368 (4) (a) Except as otherwise provided in this title, a special use permittee may not
3369 purchase liquor except from a state store or package agency.
3370 (b) A special use permittee may transport liquor purchased by the special use permittee
3371 in accordance with this Subsection (4) from the place of purchase to the special use permittee's
3372 premises.
3373 (c) A special use permittee shall purchase liquor at prices set by the commission.
3374 (d) When authorized by a special use permit, a special use permittee may purchase and
3375 receive an alcoholic product directly from a manufacturer for a purpose that is industrial,
3376 educational, scientific, or manufacturing.
3377 (e) A health care facility may purchase and receive an alcoholic product directly from a
3378 manufacturer for use at the health care facility.
3379 (5) A special use permittee may not use, mix, store, sell, offer for sale, furnish,
3380 manufacture, or allow consumption of an alcoholic product in a location other than as
3381 designated in a special use permittee's application.
3382 (6) Except as otherwise provided, a special use permittee may not sell, offer for sale, or
3383 furnish an alcoholic product to:
3384 (a) a minor;
3385 (b) a person actually, apparently, or obviously intoxicated;
3386 (c) a known interdicted person; or
3387 (d) a known habitual drunkard.
3388 (7) A special use permittee may not employ a minor to handle an alcoholic product.
3389 (8) (a) The location specified in a special use permit may not be transferred from one
3390 location to another location, without prior written approval of the commission.
3391 (b) A special use permittee may not sell, transfer, assign, exchange, barter, give, or
3392 attempt in any way to dispose of the permit to another person whether for monetary gain or not.
3393 (9) A special use permittee may not purchase, use, mix, store, sell, offer for sale,
3394 furnish, consume, or manufacture an alcoholic product for a purpose other than that authorized
3395 by the special use permit.
3396 (10) The commission may prescribe by policy or rule consistent with this title, the
3397 general operational requirements of a special use permittee relating to:
3398 (a) physical facilities;
3399 (b) conditions of purchase, use, storage, sale, consumption, or manufacture of an
3400 alcoholic product;
3401 (c) purchase, storage, and sales quantity limitations; and
3402 (d) other matters considered appropriate by the commission.
3403 Section 52. Section 32B-10-605 is amended to read:
3404 32B-10-605. Religious organization exemption.
3405 (1) A religious organization that provides or allows to be provided an alcoholic product
3406 to a person as part of the religious organization's religious services:
3407 (a) does not violate this title by providing or allowing the provision of an alcoholic
3408 product as part of a religious service; and
3409 (b) is not required to hold a license or special use permit to provide or allow the
3410 provision of an alcoholic product for religious services.
3411 (2) This exemption does not exempt a religious organization from complying with this
3412 title with respect to an alcoholic product purchased by the religious organization for a purpose
3413 other than [
3414 Section 53. Section 32B-12-301 is amended to read:
3415 32B-12-301. General operational requirements for liquor warehousing license.
3416 (1) (a) A liquor warehouser licensee and staff of the liquor warehouser licensee shall
3417 comply with this title and the rules of the commission.
3418 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
3419 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
3420 (i) a liquor warehouser licensee;
3421 (ii) individual staff of a liquor warehouser licensee; or
3422 (iii) both a liquor warehouser licensee and staff of the liquor warehouser licensee.
3423 (2) (a) A liquor warehouser licensee shall make and maintain records required by the
3424 department.
3425 (b) Section 32B-1-205 applies to a record required to be made or maintained in
3426 accordance with this Subsection (2).
3427 (3) A liquor warehousing license may not be transferred from one location to another
3428 location, without prior written approval of the commission.
3429 (4) (a) A liquor warehouser licensee may not sell, transfer, assign, exchange, barter,
3430 give, or attempt in any way to dispose of the license to another person, whether for monetary
3431 gain or not.
3432 (b) A liquor warehousing license has no monetary value for any type of disposition.
3433 (5) A liquor warehouser licensee may not employ a minor to handle an alcoholic
3434 product.
3435 (6) Liquor that is warehoused in this state and sold to an out-of-state consignee[
3436 be transported out of the state only by a motor carrier regulated under Title 72, Chapter 9,
3437 Motor Carrier Safety Act.
3438 (7) Liquor that is warehoused in this state and sold to the department may be
3439 transported only by a motor carrier approved by the department.
3440 (8) Liquor transported to or from a liquor warehouser licensee's licensed premises shall
3441 be carried in a sealed conveyance that is made available for inspection by the department while
3442 en route within the state.
3443 (9) A liquor warehouser licensee may not ship, convey, distribute, or remove liquor
3444 from a warehouse in less than a full case lot.
3445 (10) A liquor warehouser licensee may not ship, convey, distribute, or remove liquor
3446 from a warehouse to a consignee outside the state that is not licensed as a liquor wholesaler or
3447 retailer by the state in which the consignee is domiciled.
3448 (11) A liquor warehouser licensee may not receive, warehouse, distribute, transport,
3449 ship, or convey liquor that the commission has not authorized the liquor warehouser licensee to
3450 handle through its warehouse.
3451 (12) The commission may prescribe by policy or rule, consistent with this title, the
3452 general operational requirements of licensees relating to:
3453 (a) physical facilities;
3454 (b) conditions of storage, distribution, or transport of liquor; and
3455 (c) other matters considered appropriate by the commission.
3456 Section 54. Section 34A-1-205 is amended to read:
3457 34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation --
3458 Qualifications.
3459 (1) There is created the Appeals Board within the commission consisting of three
3460 members. The board may call and preside at adjudicative proceedings to review an order or
3461 decision that is subject to review by the Appeals Board under this title.
3462 (2) (a) The governor shall appoint the members with the consent of the Senate and in
3463 accordance with this section.
3464 (b) One member of the board shall be appointed to represent employers[
3465 making this appointment, the governor shall consider nominations from employer
3466 organizations.
3467 (c) One member of the board shall be appointed to represent employees[
3468 making this appointment, the governor shall consider nominations from employee
3469 organizations.
3470 (d) No more than two members may belong to the same political party.
3471 (e) The governor shall, at the time of appointment or reappointment, make
3472 appointments to the board so that at least two of the members of the board are members of the
3473 Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
3474 (3) (a) The term of a member shall be six years beginning on March 1 of the year the
3475 member is appointed, except that the governor shall, at the time of appointment or
3476 reappointment, adjust the length of terms to ensure that the terms of members are staggered so
3477 that one member is appointed every two years.
3478 (b) The governor may remove a member only for inefficiency, neglect of duty,
3479 malfeasance or misfeasance in office, or other good and sufficient cause.
3480 (c) A member shall hold office until a successor is appointed and has qualified.
3481 (4) A member shall be part-time and receive compensation as provided by Title 67,
3482 Chapter 19, Utah State Personnel Management Act.
3483 (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
3484 and administrative head of the board.
3485 (b) The governor shall appoint and may remove at will the chair from the position of
3486 chair.
3487 (6) A majority of the board shall constitute a quorum to transact business.
3488 (7) (a) The commission shall provide the Appeals Board necessary staff support,
3489 except as provided in Subsection (7)(b).
3490 (b) At the request of the Appeals Board, the attorney general shall act as an impartial
3491 aid to the Appeals Board in outlining the facts and the issues.
3492 Section 55. Section 34A-2-109 is amended to read:
3493 34A-2-109. Interstate and intrastate commerce.
3494 (1) Except as provided in Subsection (2), this chapter and Chapter 3, Utah
3495 Occupational Disease Act, apply to employers and their employees engaged in:
3496 (a) intrastate commerce;
3497 (b) interstate commerce; and
3498 (c) foreign commerce.
3499 (2) If a rule of liability or method of compensation is established by the Congress of
3500 the United States as to interstate or foreign commerce, this chapter and Chapter 3, Utah
3501 Occupational Disease Act, apply only to the extent that:
3502 (a) this chapter and Chapter 3, Utah Occupational Disease Act, [
3503 connection with intrastate work; and
3504 (b) the connection to intrastate work is clearly separable and distinguishable from
3505 interstate or foreign commerce.
3506 Section 56. Section 35A-1-104.5 is amended to read:
3507 35A-1-104.5. Other department duties -- Strategic plan for health system reform
3508 -- Reporting suspected misuse of a Social Security number.
3509 (1) The department shall work with the Department of Health, the Insurance
3510 Department, the Governor's Office of Economic Development, and the Legislature to develop
3511 the health system reform [
3512
3513 (2) In the process of determining an individual's eligibility for a public benefit or
3514 service under this title or under federal law, if the department determines that a valid social
3515 security number is being used by an unauthorized individual, the department shall:
3516 (a) inform the individual who the department determines to be the likely actual owner
3517 of the social security number or, if the likely actual owner is a minor, the minor's parent or
3518 guardian, of the suspected misuse; and
3519 (b) subject to federal law, provide information of the suspected misuse to an
3520 appropriate law enforcement agency responsible for investigating identity fraud.
3521 (3) If the department learns or determines that providing information under Subsection
3522 (2)(b) is prohibited by federal law, the department shall notify the Legislative Management
3523 Committee.
3524 Section 57. Section 35A-3-203 is amended to read:
3525 35A-3-203. Functions and duties of office -- Annual report.
3526 The office shall:
3527 (1) assess critical child care needs throughout the state on an ongoing basis and focus
3528 its activities on helping to meet the most critical needs;
3529 (2) provide child care subsidy services for income-eligible children through age 12 and
3530 for income-eligible children with disabilities through age 18;
3531 (3) provide information:
3532 (a) to employers for the development of options for child care in the work place; and
3533 (b) for educating the public in obtaining quality child care;
3534 (4) coordinate services for quality child care training and child care resource and
3535 referral core services;
3536 (5) apply for, accept, or expend gifts or donations from public or private sources;
3537 (6) provide administrative support services to the committee;
3538 (7) work collaboratively with the following for the delivery of quality child care, early
3539 childhood programs, and school age programs throughout the state:
3540 (a) the State Board of Education; and
3541 (b) the Department of Health;
3542 (8) research child care programs and public policy to improve the quality and
3543 accessibility of child care, early childhood programs, and school age programs in the state;
3544 (9) provide planning and technical assistance for the development and implementation
3545 of programs in communities that lack child care, early childhood programs, and school age
3546 programs;
3547 (10) provide organizational support for the establishment of nonprofit organizations
3548 approved by the Child Care Advisory Committee, created in Section 35A-3-205;
3549 (11) coordinate with the department to include in the annual written report described in
3550 Section 35A-1-109 information regarding the status of child care in Utah; and
3551 (12) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
3552 Rulemaking Act, and consistent with state and federal law, establishing the eligibility
3553 requirements for a child care provider to receive a grant or subsidy, including for the following:
3554 (a) providing child care for an income-eligible child age 12 or younger; and
3555 (b) providing child care for an income-eligible child with disabilities age 18 or
3556 younger[
3557 [
3558
3559 Section 58. Section 38-11-202 is amended to read:
3560 38-11-202. Payments to the fund.
3561 Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be
3562 supported by special assessments and will be solely supported by:
3563 (1) fees determined by the division under Section 63J-1-504 collected from laborers
3564 under Subsection 38-11-204(7) when the laborers obtain a recovery from the fund;
3565 (2) amounts collected by subrogation under Section 38-11-205 on behalf of the fund
3566 following a payment from the fund;
3567 (3) application fees determined by the division under Section 63J-1-504 collected
3568 from:
3569 (a) qualified beneficiaries or laborers under Subsection 38-11-204(1)(b) when qualified
3570 beneficiaries or laborers make a claim against the fund; or
3571 (b) owners or agents of the owners seeking to obtain a certificate of compliance for the
3572 owner;
3573 (4) registration fees determined by the division under Section 63J-1-504 collected from
3574 other qualified beneficiaries registering with the department in accordance with Subsection
3575 38-11-301(3)(a)(iii);
3576 [
3577
3578 [
3579 general for failure to reimburse the fund; and
3580 [
3581 Section 59. Section 41-1a-422 is amended to read:
3582 41-1a-422. Support special group license plates -- Contributor -- Voluntary
3583 contribution collection procedures.
3584 (1) As used in this section:
3585 (a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
3586 has donated or in whose name at least $25 has been donated to:
3587 (A) a scholastic scholarship fund of a single named institution;
3588 (B) the Department of Veterans and Military Affairs for veterans programs;
3589 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
3590 Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
3591 access, and management of wildlife habitat;
3592 (D) the Department of Agriculture and Food for the benefit of conservation districts;
3593 (E) the Division of Parks and Recreation for the benefit of snowmobile programs;
3594 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
3595 the donation evenly divided between the two;
3596 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
3597 council as specified by the contributor;
3598 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
3599 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
3600 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
3601 development programs;
3602 (J) the Utah Association of Public School Foundations to support public education;
3603 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
3604 assist people who have severe housing needs;
3605 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
3606 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
3607 Safety employees;
3608 (M) the Division of Parks and Recreation for distribution to organizations that provide
3609 support for Zion National Park;
3610 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
3611 firefighter organizations;
3612 (O) the Share the Road Bicycle Support Restricted Account created in Section
3613 72-2-127 to support bicycle operation and safety awareness programs;
3614 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
3615 cancer research programs;
3616 (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
3617 autism awareness programs;
3618 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
3619 created in Section 9-17-102 to support humanitarian service and educational and cultural
3620 programs;
3621 (S) [
3622
3623
3624 cancer support special group license plate, to the Cancer Research Restricted Account created
3625 in Section 26-21a-302 to support cancer research programs;
3626 (T) the Choose Life Adoption Support Restricted Account created in Section
3627 62A-4a-608 to support programs that promote adoption;
3628 (U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
3629 Section 9-18-102;
3630 (V) the National Professional Men's Basketball Team Support of Women and Children
3631 Issues Restricted Account created in Section 62A-1-202;
3632 (W) the Utah Law Enforcement Memorial Support Restricted Account created in
3633 Section 53-1-120;
3634 (X) the Children with Cancer Support Restricted Account created in Section
3635 26-21a-304 for programs that provide assistance to children with cancer;
3636 (Y) the National Professional Men's Soccer Team Support of Building Communities
3637 Restricted Account created in Section 9-19-102;
3638 (Z) the Children with Heart Disease Support Restricted Account created in Section
3639 26-58-102;
3640 (AA) the Utah Intracurricular Student Organization Support for Agricultural Education
3641 and Leadership Restricted Account created in Section 4-42-102;
3642 (BB) the Division of Wildlife Resources for the Support for State-Owned Shooting
3643 Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
3644 operation and maintenance of existing, state-owned firearm shooting ranges;
3645 (CC) the Utah State Historical Society to further the mission and purpose of the Utah
3646 State Historical Society;
3647 (DD) the Motorcycle Safety Awareness Support Restricted Account created in Section
3648 72-2-130; or
3649 (EE) the Transportation of Veterans to Memorials Support Restricted Account created
3650 in Section 71-14-102.
3651 (ii) (A) For a veterans special group license plate described in Subsection
3652 41-1a-421(1)(a)(v) or 41-1a-422(4), "contributor" means a person who has donated or in whose
3653 name at least a $25 donation at the time of application and $10 annual donation thereafter has
3654 been made.
3655 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
3656 person who:
3657 (I) has donated or in whose name at least $30 has been donated at the time of
3658 application and annually after the time of application; and
3659 (II) is a member of a trade organization for real estate licensees that has more than
3660 15,000 Utah members.
3661 (C) For an Honoring Heroes special group license plate, "contributor" means a person
3662 who has donated or in whose name at least $35 has been donated at the time of application and
3663 annually thereafter.
3664 (D) For a firefighter support special group license plate, "contributor" means a person
3665 who:
3666 (I) has donated or in whose name at least $15 has been donated at the time of
3667 application and annually after the time of application; and
3668 (II) is a currently employed, volunteer, or retired firefighter.
3669 (E) For a cancer research special group license plate, "contributor" means a person who
3670 has donated or in whose name at least $35 has been donated at the time of application and
3671 annually after the time of application.
3672 (F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
3673 "contributor" means a person who has donated or in whose name at least $35 has been donated
3674 at the time of application and annually thereafter.
3675 (G) For a Utah Law Enforcement Memorial Support special group license plate,
3676 "contributor" means a person who has donated or in whose name at least $35 has been donated
3677 at the time of application and annually thereafter.
3678 (b) "Institution" means a state institution of higher education as defined under Section
3679 53B-3-102 or a private institution of higher education in the state accredited by a regional or
3680 national accrediting agency recognized by the United States Department of Education.
3681 (2) (a) An applicant for original or renewal collegiate special group license plates under
3682 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
3683 present the original contribution verification form under Subsection (2)(b) or make a
3684 contribution to the division at the time of application under Subsection (3).
3685 (b) An institution with a support special group license plate shall issue to a contributor
3686 a verification form designed by the commission containing:
3687 (i) the name of the contributor;
3688 (ii) the institution to which a donation was made;
3689 (iii) the date of the donation; and
3690 (iv) an attestation that the donation was for a scholastic scholarship.
3691 (c) The state auditor may audit each institution to verify that the money collected by the
3692 institutions from contributors is used for scholastic scholarships.
3693 (d) After an applicant has been issued collegiate license plates or renewal decals, the
3694 commission shall charge the institution whose plate was issued, a fee determined in accordance
3695 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
3696 renewing the collegiate license plates.
3697 (e) If the contribution is made at the time of application, the contribution shall be
3698 collected, treated, and deposited as provided under Subsection (3).
3699 (3) (a) An applicant for original or renewal support special group license plates under
3700 this section must be a contributor to the sponsoring organization associated with the license
3701 plate.
3702 (b) This contribution shall be:
3703 (i) unless collected by the named institution under Subsection (2), collected by the
3704 division;
3705 (ii) considered a voluntary contribution for the funding of the activities specified under
3706 this section and not a motor vehicle registration fee;
3707 (iii) deposited into the appropriate account less actual administrative costs associated
3708 with issuing the license plates; and
3709 (iv) for a firefighter special group license plate, deposited into the appropriate account
3710 less:
3711 (A) the costs of reordering firefighter special group license plate decals; and
3712 (B) the costs of replacing recognition special group license plates with new license
3713 plates under Subsection 41-1a-1211(13).
3714 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
3715 registration or renewal of registration.
3716 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
3717 the division when issuing original:
3718 (i) snowmobile license plates; or
3719 (ii) conservation license plates.
3720 (4) Veterans license plates shall display one of the symbols representing the Army,
3721 Navy, Air Force, Marines, Coast Guard, or American Legion.
3722 Section 60. Section 41-1a-1008 is amended to read:
3723 41-1a-1008. Criminal penalty for violation.
3724 (1) Except as provided in Subsection (2) or unless otherwise provided, it is a class A
3725 misdemeanor to knowingly violate Sections 41-1a-1001 through [
3726 (2) Any owner, who is not a manufacturer, dealer, motor vehicle auction, or consignor
3727 to a motor vehicle auction not licensed under Section 41-3-201, who knowingly or
3728 intentionally conceals, removes, destroys, or alters a disclosure statement or a certificate of title
3729 branded under Section 41-3-201 or Sections 41-1a-1004 through 41-1a-1005.3 is guilty of a:
3730 (a) class A misdemeanor; or
3731 (b) third degree felony if the person has previously been convicted two or more times
3732 of knowingly or intentionally concealing, removing, destroying, or altering a disclosure
3733 statement or a certificate of title branded under Section 41-3-201 or Sections 41-1a-1004
3734 through 41-1a-1005.3.
3735 (3) Criminal penalties under this chapter are not exclusive, but are in addition to those
3736 under Section 76-10-1801.
3737 (4) Each vehicle sold, offered for sale, or displayed for sale in violation of Section
3738 41-1a-1005.3 shall be a separate offense.
3739 Section 61. Section 41-3-105 is amended to read:
3740 41-3-105. Administrator's powers and duties -- Administrator and investigators
3741 to be law enforcement officers.
3742 (1) The administrator may make rules to carry out the purposes of this chapter and
3743 Sections 41-1a-1001 through [
3744 requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3745 (2) (a) The administrator may employ clerks, deputies, and assistants necessary to
3746 discharge the duties under this chapter and may designate the duties of those clerks, deputies,
3747 and assistants.
3748 (b) The administrator, assistant administrator, and all investigators shall be law
3749 enforcement officers certified by peace officer standards and training as required by Section
3750 53-13-103.
3751 (3) (a) The administrator may investigate any suspected or alleged violation of:
3752 (i) this chapter;
3753 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
3754 (iii) any law concerning motor vehicle fraud; or
3755 (iv) any rule made by the administrator.
3756 (b) The administrator may bring an action in the name of the state against any person to
3757 enjoin a violation found under Subsection (3)(a).
3758 (4) (a) The administrator may prescribe forms to be used for applications for licenses.
3759 (b) The administrator may require information from the applicant concerning the
3760 applicant's fitness to be licensed.
3761 (c) Each application for a license shall contain:
3762 (i) if the applicant is an individual, the name and residence address of the applicant and
3763 the trade name, if any, under which the applicant intends to conduct business;
3764 (ii) if the applicant is a partnership, the name and residence address of each partner,
3765 whether limited or general, and the name under which the partnership business will be
3766 conducted;
3767 (iii) if the applicant is a corporation, the name of the corporation, and the name and
3768 residence address of each of its principal officers and directors;
3769 (iv) a complete description of the principal place of business, including:
3770 (A) the municipality, with the street and number, if any;
3771 (B) if located outside of any municipality, a general description so that the location can
3772 be determined; and
3773 (C) any other places of business operated and maintained by the applicant in
3774 conjunction with the principal place of business;
3775 (v) if the application is for a new motor vehicle dealer's license, the name of each
3776 motor vehicle the applicant has been enfranchised to sell or exchange, the name and address of
3777 the manufacturer or distributor who has enfranchised the applicant, and the name and address
3778 of each individual who will act as a salesperson under authority of the license;
3779 (vi) at least five years of business history;
3780 (vii) the federal tax identification number issued to the dealer;
3781 (viii) the sales and use tax license number issued to the dealer under Title 59, Chapter
3782 12, Sales and Use Tax Act; and
3783 (ix) if the application is for a direct-sale manufacturer's license:
3784 (A) the name of each line-make the applicant will sell, display for sale, or offer for sale
3785 or exchange;
3786 (B) the name and address of each individual who will act as a direct-sale manufacturer
3787 salesperson under authority of the license;
3788 (C) a complete description of the direct-sale manufacturer's authorized service center,
3789 including the address and any other place of business the applicant operates and maintains in
3790 conjunction with the authorized service center;
3791 (D) a sworn statement that the applicant complies with each qualification for a
3792 direct-sale manufacturer under this chapter;
3793 (E) a sworn statement that if at any time the applicant fails to comply with a
3794 qualification for a direct-sale manufacturer under this chapter, the applicant will inform the
3795 division in writing within 10 business days after the day on which the noncompliance occurs;
3796 and
3797 (F) an acknowledgment that if the applicant fails to comply with a qualification for a
3798 direct-sale manufacturer under this chapter, the administrator will deny, suspend, or revoke the
3799 applicant's direct-sale manufacturer license in accordance with Section 41-3-209.
3800 (5) The administrator may adopt a seal with the words "Motor Vehicle Enforcement
3801 Administrator, State of Utah," to authenticate the acts of the administrator's office.
3802 (6) (a) The administrator may require that a licensee erect or post signs or devices on
3803 the licensee's principal place of business and any other sites, equipment, or locations operated
3804 and maintained by the licensee in conjunction with the licensee's business.
3805 (b) The signs or devices shall state the licensee's name, principal place of business,
3806 type and number of licenses, and any other information that the administrator considers
3807 necessary to identify the licensee.
3808 (c) The administrator may make rules in accordance with Title 63G, Chapter 3, Utah
3809 Administrative Rulemaking Act, determining allowable size and shape of signs or devices,
3810 lettering and other details of signs or devices, and location of signs or devices.
3811 (7) (a) The administrator shall provide for quarterly meetings of the advisory board and
3812 may call special meetings.
3813 (b) Notices of all meetings shall be sent to each member not fewer than five days
3814 before the meeting.
3815 (8) The administrator, the officers and inspectors of the division designated by the
3816 commission, and peace officers shall:
3817 (a) make arrests upon view and without warrant for any violation committed in their
3818 presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
3819 (b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is
3820 being operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require
3821 the driver of the vehicle to stop, exhibit the person's driver license and the registration card
3822 issued for the vehicle, and submit to an inspection of the vehicle, the license plates, and
3823 registration card;
3824 (c) serve all warrants relating to the enforcement of the laws regulating the operation of
3825 motor vehicles, trailers, and semitrailers;
3826 (d) investigate traffic accidents and secure testimony of any witnesses or persons
3827 involved; and
3828 (e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
3829 (9) The administrator may contract with a public prosecutor to provide additional
3830 prosecution of this chapter.
3831 Section 62. Section 41-6a-102 is amended to read:
3832 41-6a-102. Definitions.
3833 As used in this chapter:
3834 (1) "Alley" means a street or highway intended to provide access to the rear or side of
3835 lots or buildings in urban districts and not intended for through vehicular traffic.
3836 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
3837 41-22-2.
3838 (3) "Authorized emergency vehicle" includes:
3839 (a) fire department vehicles;
3840 (b) police vehicles;
3841 (c) ambulances; and
3842 (d) other publicly or privately owned vehicles as designated by the commissioner of the
3843 Department of Public Safety.
3844 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
3845 (5) (a) "Bicycle" means a wheeled vehicle:
3846 (i) propelled by human power by feet or hands acting upon pedals or cranks;
3847 (ii) with a seat or saddle designed for the use of the operator;
3848 (iii) designed to be operated on the ground; and
3849 (iv) whose wheels are not less than 14 inches in diameter.
3850 (b) "Bicycle" includes an electric assisted bicycle.
3851 (c) "Bicycle" does not include scooters and similar devices.
3852 (6) (a) "Bus" means a motor vehicle:
3853 (i) designed for carrying more than 15 passengers and used for the transportation of
3854 persons; or
3855 (ii) designed and used for the transportation of persons for compensation.
3856 (b) "Bus" does not include a taxicab.
3857 (7) (a) "Circular intersection" means an intersection that has an island, generally
3858 circular in design, located in the center of the intersection where traffic passes to the right of
3859 the island.
3860 (b) "Circular intersection" includes:
3861 (i) roundabouts;
3862 (ii) rotaries; and
3863 (iii) traffic circles.
3864 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
3865 Subsection (17)(d)(i).
3866 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
3867 Subsection (17)(d)(ii).
3868 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
3869 Subsection (17)(d)(iii).
3870 (11) "Commissioner" means the commissioner of the Department of Public Safety.
3871 (12) "Controlled-access highway" means a highway, street, or roadway:
3872 (a) designed primarily for through traffic; and
3873 (b) to or from which owners or occupants of abutting lands and other persons have no
3874 legal right of access, except at points as determined by the highway authority having
3875 jurisdiction over the highway, street, or roadway.
3876 (13) "Crosswalk" means:
3877 (a) that part of a roadway at an intersection included within the connections of the
3878 lateral lines of the sidewalks on opposite sides of the highway measured from:
3879 (i) (A) the curbs; or
3880 (B) in the absence of curbs, from the edges of the traversable roadway; and
3881 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
3882 included within the extension of the lateral lines of the existing sidewalk at right angles to the
3883 centerline; or
3884 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
3885 pedestrian crossing by lines or other markings on the surface.
3886 (14) "Department" means the Department of Public Safety.
3887 (15) "Direct supervision" means oversight at a distance within which:
3888 (a) visual contact is maintained; and
3889 (b) advice and assistance can be given and received.
3890 (16) "Divided highway" means a highway divided into two or more roadways by:
3891 (a) an unpaved intervening space;
3892 (b) a physical barrier; or
3893 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
3894 (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
3895 (a) has a power output of not more than 750 watts;
3896 (b) has fully operable pedals on permanently affixed cranks;
3897 (c) is fully operable as a bicycle without the use of the electric motor; and
3898 (d) is one of the following:
3899 (i) an electric assisted bicycle equipped with a motor or electronics that:
3900 (A) provides assistance only when the rider is pedaling; and
3901 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
3902 hour;
3903 (ii) an electric assisted bicycle equipped with a motor or electronics that:
3904 (A) may be used exclusively to propel the bicycle; and
3905 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
3906 miles per hour; or
3907 (iii) an electric assisted bicycle equipped with a motor or electronics that:
3908 (A) provides assistance only when the rider is pedaling;
3909 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
3910 hour; and
3911 (C) is equipped with a speedometer.
3912 (18) (a) "Electric personal assistive mobility device" means a self-balancing device
3913 with:
3914 (i) two nontandem wheels in contact with the ground;
3915 (ii) a system capable of steering and stopping the unit under typical operating
3916 conditions;
3917 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
3918 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
3919 (v) a deck design for a person to stand while operating the device.
3920 (b) "Electric personal assistive mobility device" does not include a wheelchair.
3921 (19) "Explosives" means a chemical compound or mechanical mixture commonly used
3922 or intended for the purpose of producing an explosion and that contains any oxidizing and
3923 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
3924 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
3925 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
3926 capable of producing destructive effects on contiguous objects or of causing death or serious
3927 bodily injury.
3928 (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
3929 implement, for drawing plows, mowing machines, and other implements of husbandry.
3930 (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
3931 as determined by a tagliabue or equivalent closed-cup test device.
3932 (22) "Freeway" means a controlled-access highway that is part of the interstate system
3933 as defined in Section 72-1-102.
3934 (23) "Gore area" means the area delineated by two solid white lines that is between a
3935 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
3936 including similar areas between merging or splitting highways.
3937 (24) "Gross weight" means the weight of a vehicle without a load plus the weight of
3938 any load on the vehicle.
3939 (25) "Highway" means the entire width between property lines of every way or place of
3940 any nature when any part of it is open to the use of the public as a matter of right for vehicular
3941 travel.
3942 (26) "Highway authority" means the same as that term is defined in Section 72-1-102.
3943 (27) (a) "Intersection" means the area embraced within the prolongation or connection
3944 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
3945 more highways that join one another.
3946 (b) Where a highway includes two roadways 30 feet or more apart:
3947 (i) every crossing of each roadway of the divided highway by an intersecting highway
3948 is a separate intersection; and
3949 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
3950 every crossing of two roadways of the highways is a separate intersection.
3951 (c) "Intersection" does not include the junction of an alley with a street or highway.
3952 (28) "Island" means an area between traffic lanes or at an intersection for control of
3953 vehicle movements or for pedestrian refuge designated by:
3954 (a) pavement markings, which may include an area designated by two solid yellow
3955 lines surrounding the perimeter of the area;
3956 (b) channelizing devices;
3957 (c) curbs;
3958 (d) pavement edges; or
3959 (e) other devices.
3960 (29) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
3961 act of overtaking and passing another vehicle that is stopped in the same direction of travel in
3962 the same lane.
3963 (30) "Law enforcement agency" means the same as that term is as defined in Section
3964 53-1-102.
3965 (31) "Limited access highway" means a highway:
3966 (a) that is designated specifically for through traffic; and
3967 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
3968 persons have any right or easement, or have only a limited right or easement of access, light,
3969 air, or view.
3970 (32) "Local highway authority" means the legislative, executive, or governing body of
3971 a county, municipal, or other local board or body having authority to enact laws relating to
3972 traffic under the constitution and laws of the state.
3973 (33) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
3974 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
3975 (ii) has a capacity of not more than six passengers, including a conventional driver or
3976 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
3977 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
3978 (34) "Metal tire" means a tire, the surface of which in contact with the highway is
3979 wholly or partly of metal or other hard nonresilient material.
3980 (35) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
3981 saddle that is less than 24 inches from the ground as measured on a level surface with properly
3982 inflated tires.
3983 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
3984 (c) "Mini-motorcycle" does not include a motorcycle that is:
3985 (i) designed for off-highway use; and
3986 (ii) registered as an off-highway vehicle under Section 41-22-3.
3987 (36) "Mobile home" means:
3988 (a) a trailer or semitrailer that is:
3989 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
3990 place either permanently or temporarily; and
3991 (ii) equipped for use as a conveyance on streets and highways; or
3992 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
3993 constructed for use as a mobile home, as defined in Subsection (36)(a), but that is instead used
3994 permanently or temporarily for:
3995 (i) the advertising, sale, display, or promotion of merchandise or services; or
3996 (ii) any other commercial purpose except the transportation of property for hire or the
3997 transportation of property for distribution by a private carrier.
3998 (37) (a) "Moped" means a motor-driven cycle having:
3999 (i) pedals to permit propulsion by human power; and
4000 (ii) a motor that:
4001 (A) produces not more than two brake horsepower; and
4002 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
4003 level ground.
4004 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
4005 centimeters and the moped shall have a power drive system that functions directly or
4006 automatically without clutching or shifting by the operator after the drive system is engaged.
4007 (c) "Moped" does not include:
4008 (i) an electric assisted bicycle; or
4009 (ii) a motor assisted scooter.
4010 (38) (a) "Motor assisted scooter" means a self-propelled device with:
4011 (i) at least two wheels in contact with the ground;
4012 (ii) a braking system capable of stopping the unit under typical operating conditions;
4013 (iii) an electric motor not exceeding 2,000 watts;
4014 (iv) either:
4015 (A) handlebars and a deck design for a person to stand while operating the device; or
4016 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
4017 the device; and
4018 (v) a design for the ability to be propelled by human power alone; and
4019 (vi) a maximum speed of 20 miles per hour on a paved level surface.
4020 (b) "Motor assisted scooter" does not include:
4021 (i) an electric assisted bicycle; or
4022 (ii) a motor-driven cycle.
4023 (39) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
4024 propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
4025 (b) "Motor vehicle" does not include:
4026 (i) vehicles moved solely by human power;
4027 (ii) motorized wheelchairs;
4028 (iii) an electric personal assistive mobility device;
4029 (iv) an electric assisted bicycle;
4030 (v) a motor assisted scooter;
4031 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
4032 (vii) a mobile carrier, as defined in Section 41-6a-1120.
4033 (40) "Motorcycle" means:
4034 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
4035 and designed to travel with not more than three wheels in contact with the ground; or
4036 (b) an autocycle.
4037 (41) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
4038 having:
4039 (i) an engine with less than 150 cubic centimeters displacement; or
4040 (ii) a motor that produces not more than five horsepower.
4041 (b) "Motor-driven cycle" does not include:
4042 (i) an electric personal assistive mobility device;
4043 (ii) a motor assisted scooter; or
4044 (iii) an electric assisted bicycle.
4045 (42) "Off-highway implement of husbandry" means the same as that term is defined
4046 under Section 41-22-2.
4047 (43) "Off-highway vehicle" means the same as that term is defined under Section
4048 41-22-2.
4049 (44) "Operate" means the same as that term is defined in Section 41-1a-102.
4050 (45) "Operator" means:
4051 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
4052 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
4053 vehicle.
4054 (46) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
4055 occupied or not.
4056 (b) "Park" or "parking" does not include:
4057 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
4058 in loading or unloading property or passengers; or
4059 (ii) a motor vehicle with an engaged automated driving system that has achieved a
4060 minimal risk condition, as those terms are defined in Section 41-26-102.1.
4061 (47) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
4062 Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
4063 laws.
4064 (48) "Pedestrian" means a person traveling:
4065 (a) on foot; or
4066 (b) in a wheelchair.
4067 (49) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
4068 pedestrians.
4069 (50) "Person" means a natural person, firm, copartnership, association, corporation,
4070 business trust, estate, trust, partnership, limited liability company, association, joint venture,
4071 governmental agency, public corporation, or any other legal or commercial entity.
4072 (51) "Pole trailer" means a vehicle without motive power:
4073 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
4074 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
4075 (b) that is ordinarily used for transporting long or irregular shaped loads including
4076 poles, pipes, or structural members generally capable of sustaining themselves as beams
4077 between the supporting connections.
4078 (52) "Private road or driveway" means every way or place in private ownership and
4079 used for vehicular travel by the owner and those having express or implied permission from the
4080 owner, but not by other persons.
4081 (53) "Railroad" means a carrier of persons or property upon cars operated on stationary
4082 rails.
4083 (54) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
4084 public body or official or by a railroad and intended to give notice of the presence of railroad
4085 tracks or the approach of a railroad train.
4086 (55) "Railroad train" means a locomotive propelled by any form of energy, coupled
4087 with or operated without cars, and operated upon rails.
4088 (56) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful
4089 manner in preference to another vehicle or pedestrian approaching under circumstances of
4090 direction, speed, and proximity that give rise to danger of collision unless one grants
4091 precedence to the other.
4092 (57) (a) "Roadway" means that portion of highway improved, designed, or ordinarily
4093 used for vehicular travel.
4094 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
4095 them are used by persons riding bicycles or other human-powered vehicles.
4096 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
4097 a highway includes two or more separate roadways.
4098 (58) "Safety zone" means the area or space officially set apart within a roadway for the
4099 exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to
4100 be plainly visible at all times while set apart as a safety zone.
4101 (59) (a) "School bus" means a motor vehicle that:
4102 (i) complies with the color and identification requirements of the most recent edition of
4103 "Minimum Standards for School Buses"; and
4104 (ii) is used to transport school children to or from school or school activities.
4105 (b) "School bus" does not include a vehicle operated by a common carrier in
4106 transportation of school children to or from school or school activities.
4107 (60) (a) "Semitrailer" means a vehicle with or without motive power:
4108 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
4109 and
4110 (ii) constructed so that some part of its weight and that of its load rests on or is carried
4111 by another vehicle.
4112 (b) "Semitrailer" does not include a pole trailer.
4113 (61) "Shoulder area" means:
4114 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
4115 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
4116 or
4117 (b) that portion of the road contiguous to the roadway for accommodation of stopped
4118 vehicles, for emergency use, and for lateral support.
4119 (62) "Sidewalk" means that portion of a street between the curb lines, or the lateral
4120 lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
4121 (63) "Solid rubber tire" means a tire of rubber or other resilient material that does not
4122 depend on compressed air for the support of the load.
4123 (64) "Stand" or "standing" means the temporary halting of a vehicle, whether occupied
4124 or not, for the purpose of and while actually engaged in receiving or discharging passengers.
4125 (65) "Stop" when required means complete cessation from movement.
4126 (66) "Stop" or "stopping" when prohibited means any halting even momentarily of a
4127 vehicle, whether occupied or not, except when:
4128 (a) necessary to avoid conflict with other traffic; or
4129 (b) in compliance with the directions of a peace officer or traffic-control device.
4130 (67) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
4131 vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the
4132 requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
4133 Section 41-6a-1509.
4134 (68) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
4135 conveyances either singly or together while using any highway for the purpose of travel.
4136 (69) "Traffic signal preemption device" means an instrument or mechanism designed,
4137 intended, or used to interfere with the operation or cycle of a traffic-control signal.
4138 (70) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
4139 with this chapter placed or erected by a highway authority for the purpose of regulating,
4140 warning, or guiding traffic.
4141 (71) "Traffic-control signal" means a device, whether manually, electrically, or
4142 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
4143 (72) (a) "Trailer" means a vehicle with or without motive power designed for carrying
4144 persons or property and for being drawn by a motor vehicle and constructed so that no part of
4145 its weight rests upon the towing vehicle.
4146 (b) "Trailer" does not include a pole trailer.
4147 (73) "Truck" means a motor vehicle designed, used, or maintained primarily for the
4148 transportation of property.
4149 (74) "Truck tractor" means a motor vehicle:
4150 (a) designed and used primarily for drawing other vehicles; and
4151 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
4152 tractor.
4153 (75) "Two-way left turn lane" means a lane:
4154 (a) provided for vehicle operators making left turns in either direction;
4155 (b) that is not used for passing, overtaking, or through travel; and
4156 (c) that has been indicated by a lane traffic-control device that may include lane
4157 markings.
4158 (76) "Urban district" means the territory contiguous to and including any street, in
4159 which structures devoted to business, industry, or dwelling houses are situated at intervals of
4160 less than 100 feet, for a distance of a quarter of a mile or more.
4161 (77) "Vehicle" means a device in, on, or by which a person or property is or may be
4162 transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120,
4163 or a device used exclusively on stationary rails or tracks.
4164 Section 63. Section 51-11-102 is amended to read:
4165 51-11-102. Definitions.
4166 As used in this chapter:
4167 (1) "Division" means the Division of Facilities Construction and Management created
4168 in Section 63A-5-201.
4169 (2) "Fund" means the Winter Sports Venue Grant Fund.
4170 (3) "Improve" or "improvements" means the replacement or addition to infrastructure,
4171 buildings, building components, or facility equipment.
4172 (4) "Venue" means a facility:
4173 (a) designed and currently approved under standards developed by a generally
4174 recognized sports federation to host world-class level, international winter sports competitions;
4175 and
4176 (b) used for recreational, developmental, and competitive athletic training.
4177 (5) "Venue operator" means a person who:
4178 (a) [
4179 taxation under Section 501(c)(3), Internal Revenue Code; or
4180 (b) owns a venue or operates a venue under contract with the public owner of the
4181 venue.
4182 Section 64. Section 53E-1-201 is amended to read:
4183 53E-1-201. Reports to and action required of the Education Interim Committee.
4184 (1) In accordance with applicable provisions and Section 68-3-14, the following
4185 recurring reports are due to the Education Interim Committee:
4186 (a) the prioritized list of data research described in Section 35A-14-302 and the report
4187 on research described in Section 35A-14-304 by the Utah Data Research Center;
4188 (b) the report described in Section 35A-15-303 by the State Board of Education on
4189 preschool programs;
4190 (c) the report described in Section 53B-1-103 by the State Board of Regents on career
4191 and technical education issues and addressing workforce needs;
4192 (d) the report described in Section 53B-1-107 by the State Board of Regents on the
4193 activities of the State Board of Regents;
4194 (e) the report described in Section 53B-2a-104 by the Utah System of Technical
4195 Colleges Board of Trustees on career and technical education issues;
4196 (f) the reports described in Section 53B-28-401 by the State Board of Regents and the
4197 Utah System of Technical Colleges Board of Trustees regarding activities related to campus
4198 safety;
4199 (g) the State Superintendent's Annual Report by the state board described in Section
4200 53E-1-203;
4201 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
4202 plan to improve student outcomes;
4203 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
4204 the Deaf and the Blind;
4205 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
4206 Actionable, and Dynamic Education director on research and other activities;
4207 (k) the report described in Section 53F-4-203 by the state board and the independent
4208 evaluator on an evaluation of early interactive reading software;
4209 (l) the report described in Section 53F-4-407 by the state board on UPSTART;
4210 (m) the report described in Section 53F-5-405 by an independent evaluator of a
4211 partnership that receives a grant to improve educational outcomes for students who are low
4212 income; and
4213 (n) the report described in Section [
4214 Board, including the information described in Section [
4215 the computer science initiative and Section [
4216 Partnerships Grants Program.
4217 (2) In accordance with applicable provisions and Section 68-3-14, the following
4218 occasional reports are due to the Education Interim Committee:
4219 (a) the report described in Section 35A-15-303 by the School Readiness Board by
4220 November 30, 2020, on benchmarks for certain preschool programs;
4221 (b) the report described in Section 53E-3-519 by the state board regarding counseling
4222 services in schools;
4223 (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
4224 and implementing activity based costing;
4225 (d) if required, the report described in Section 53E-4-309 by the state board explaining
4226 the reasons for changing the grade level specification for the administration of specific
4227 assessments;
4228 (e) if required, the report described in Section 53E-5-210 by the state board of an
4229 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
4230 (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
4231 Actionable, and Dynamic Education;
4232 (g) the report described in Section 53F-2-502 by the state board on the program
4233 evaluation of the dual language immersion program;
4234 (h) if required, the report described in Section 53F-2-513 by the state board evaluating
4235 the effects of salary bonuses on the recruitment and retention of effective teachers in high
4236 poverty schools;
4237 (i) upon request, the report described in Section 53F-5-207 by the state board on the
4238 Intergenerational Poverty Intervention Grants Program;
4239 (j) the report described in Section 53F-5-210 by the state board on the Educational
4240 Improvement Opportunities Outside of the Regular School Day Grant Program;
4241 (k) the reports described in Section 53G-11-304 by the state board regarding proposed
4242 rules and results related to educator exit surveys;
4243 (l) upon request, the report described in Section 53G-11-505 by the state board on
4244 progress in implementing employee evaluations;
4245 (m) the report described in Section 62A-15-117 by the Division of Substance Abuse
4246 and Mental Health, the State Board of Education, and the Department of Health regarding
4247 recommendations related to Medicaid reimbursement for school-based health services; and
4248 (n) the reports described in Section 63C-19-202 by the Higher Education Strategic
4249 Planning Commission.
4250 (3) In accordance with Section 53B-7-705, the Education Interim Committee shall
4251 complete the review of the implementation of performance funding.
4252 Section 65. Section 53E-1-202 is amended to read:
4253 53E-1-202. Reports to and action required of the Public Education
4254 Appropriations Subcommittee.
4255 (1) In accordance with applicable provisions and Section 68-3-14, the following
4256 recurring reports are due to the Public Education Appropriations Subcommittee:
4257 (a) the State Superintendent's Annual Report by the state board described in Section
4258 53E-1-203;
4259 (b) the report described in Section 53E-10-703 by the Utah Leading through Effective,
4260 Actionable, and Dynamic Education director on research and other activities; and
4261 (c) the report by the STEM Action Center Board described in Section [
4262 9-20-109, including the information described in Section [
4263 of the computer science initiative.
4264 (2) (a) The one-time report by the state board regarding cost centers and implementing
4265 activity based costing is due to the Public Education Appropriations Subcommittee in
4266 accordance with Section 53E-3-520.
4267 (b) The occasional report, described in Section 53F-2-502 by the state board on the
4268 program evaluation of the dual language immersion program, is due to the Public Education
4269 Appropriations Subcommittee and in accordance with Section 68-3-14.
4270 (3) In accordance with applicable provisions, the Public Education Appropriations
4271 Subcommittee shall complete the following:
4272 (a) the evaluation described in Section 53F-2-410 of funding for at-risk students;
4273 (b) the reviews of related to basic school programs as described in Section 53F-2-414;
4274 and
4275 (c) if required, the study described in Section 53F-4-304 of scholarship payments.
4276 Section 66. Section 53E-7-204 is amended to read:
4277 53E-7-204. State board special education authority and duties -- Rulemaking.
4278 (1) The state board shall have general control and supervision over all public
4279 educational programs in the state for students who are eligible for special education services.
4280 (2) A program described in Subsection (1) shall comply with state board rule.
4281 (3) In accordance with federal [
4282
4283 this part, including provisions that ensure:
4284 (a) appropriate and timely identification of a potential eligible student;
4285 (b) the evaluation and classification of an eligible student by qualified personnel;
4286 (c) standards for special education services and supports;
4287 (d) availability of LEA special education programs;
4288 (e) delivery of special education service responsibilities;
4289 (f) certification and qualification for the instructional staff of eligible students; and
4290 (g) special education services for eligible students who are dual enrollment students
4291 attending public school on a part-time basis as described in Section 53G-6-702.
4292 (4) In accordance with federal [
4293
4294 administer the state board's authority described in Subsection (1).
4295 Section 67. Section 53E-7-208 is amended to read:
4296 53E-7-208. Special education dispute resolution -- Rulemaking -- Due process
4297 hearing -- Right to appeal.
4298 (1) In accordance with [
4299
4300 (a) allow for a prompt, fair, and final resolution of a dispute that arises over the
4301 provision of special education services to an eligible student;
4302 (b) establish and maintain procedural safeguards that meet the requirements of 20
4303 U.S.C. Sec. 1415; and
4304 (c) establish timelines that provide adequate time to address and resolve a dispute
4305 described in Subsection (1)(a) without unnecessarily disrupting or delaying an eligible student's
4306 free appropriate public education.
4307 (2) A party to a dispute described in Subsection (1)(a), including an LEA, shall make a
4308 diligent and good faith effort to resolve the dispute informally at the LEA level before seeking
4309 a due process hearing under state board rule.
4310 (3) (a) If a dispute is not resolved informally as described in Subsection (2), a party to
4311 the dispute may request a due process hearing in accordance with state board rule.
4312 (b) Upon request of a party to a dispute described in Subsection (2), the state board
4313 shall, in accordance with state board rule and 20 U.S.C. Sec. 1415:
4314 (i) conduct a due process hearing; and
4315 (ii) issue a decision on the due process hearing.
4316 (4) (a) A party to a due process hearing may appeal the decision resulting from the due
4317 process hearing by filing a civil action with a court described in 20 U.S.C. Sec. 1415(i), if the
4318 party files the action within 30 days after the day on which the due process hearing decision
4319 was issued.
4320 (b) If parties to a due process hearing fail to reach agreement on the payment of
4321 attorney fees for the due process hearing, a party may seek to recover attorney fees in
4322 accordance with 20 U.S.C. Sec. 1415(i) by filing a court action within 30 days after the day on
4323 which the due process hearing decision was issued.
4324 Section 68. Section 53E-8-403 is amended to read:
4325 53E-8-403. Educational programs.
4326 (1) The Utah Schools for the Deaf and the Blind shall provide an educational program
4327 for a student:
4328 (a) based on assessments of the student's abilities; and
4329 (b) in accordance with the student's IEP or Section 504 accommodation plan.
4330 (2) If a student's ability to access the core curriculum is impaired primarily due to a
4331 severe sensory loss and requires intensive sensory-based instruction or services, the Utah
4332 Schools for the Deaf and the Blind shall provide an educational program that will enable the
4333 student, with accommodations, to access the core curriculum.
4334 (3) The Utah Schools for the Deaf and the Blind shall provide instruction in Braille to
4335 students who are blind [
4336
4337 Section 69. Section 53F-2-504 is amended to read:
4338 53F-2-504. Teacher Salary Supplement Program.
4339 (1) As used in this section:
4340 (a) "Eligible teacher" means a teacher who:
4341 (i) has a qualifying educational background or qualifying teaching background;
4342 (ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
4343 educational background or qualifying teaching background;
4344 (iii) qualifies for the teacher's supplement-approved assignment in accordance with
4345 state board rule; and
4346 (iv) is a new employee or received at least a satisfactory rating on the teacher's most
4347 recent evaluation.
4348 (b) "Field of computer science" means:
4349 (i) computer science; or
4350 (ii) computer information technology.
4351 (c) "Field of science" means:
4352 (i) integrated science;
4353 (ii) chemistry;
4354 (iii) physics;
4355 (iv) physical science; or
4356 (v) general science.
4357 [
4358 [
4359 (i) for a teacher who is assigned a secondary school level mathematics course:
4360 (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
4361 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
4362 requirements that are substantially equivalent to the course requirements for a bachelor's degree
4363 major, master's degree, or doctoral degree in mathematics;
4364 (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
4365 course, or physics course:
4366 (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
4367 or
4368 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
4369 requirements that are substantially equivalent to the course requirements of those required for a
4370 bachelor's degree major, master's degree, or doctoral degree in a field of science;
4371 (iii) for a teacher who is assigned a computer science course:
4372 (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
4373 computer science; or
4374 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
4375 requirements that are substantially equivalent to the course requirements of those required for a
4376 bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
4377 (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
4378 master's degree, or doctoral degree in special education.
4379 [
4380 same supplement-approved assignment in Utah public schools for at least 10 years.
4381 [
4382 (i) a secondary school level mathematics course;
4383 (ii) integrated science in grade 7 or 8;
4384 (iii) chemistry;
4385 (iv) physics;
4386 (v) computer science; or
4387 (vi) special education.
4388 (2) (a) Subject to future budget constraints, the Legislature shall:
4389 (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
4390 annual salary supplements for eligible teachers provided in previous years; and
4391 (ii) provide salary supplements to new recipients.
4392 (b) Money appropriated for the Teacher Salary Supplement Program shall include
4393 money for the following employer-paid benefits:
4394 (i) retirement;
4395 (ii) workers' compensation;
4396 (iii) Social Security; and
4397 (iv) Medicare.
4398 (3) (a) The annual salary supplement for an eligible teacher who is assigned full-time
4399 to a supplement-approved assignment is $4,100 and funded through an appropriation described
4400 in Subsection (2).
4401 (b) An eligible teacher who is assigned part-time to a supplement-approved assignment
4402 shall receive a partial salary supplement based on the number of hours worked in the
4403 supplement-approved assignment.
4404 (4) The state board shall:
4405 (a) create an online application system for a teacher to apply to receive a salary
4406 supplement through the Teacher Salary Supplement Program;
4407 (b) determine if a teacher is an eligible teacher;
4408 (c) verify, as needed, the determinations made under Subsection (4)(b) with school
4409 district and school administrators; and
4410 (d) certify a list of eligible teachers .
4411 (5) (a) An eligible teacher shall apply to the state board before the conclusion of a
4412 school year to receive the salary supplement authorized in this section.
4413 (b) An eligible teacher may apply to the state board, after verification that the
4414 requirements under this section have been satisfied, to receive a salary supplement after the
4415 completion of:
4416 (i) the school year as an annual award; or
4417 (ii) a semester or trimester as a partial award based on the portion of the school year
4418 that has been completed.
4419 (6) (a) The state board shall establish and administer an appeal process for a teacher to
4420 follow if the teacher applies for a salary supplement and does not receive a salary supplement
4421 under Subsection (8).
4422 (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
4423 appeal eligibility as an eligible teacher with a qualifying educational background on the basis
4424 that the teacher has a degree or degree major with course requirements that are substantially
4425 equivalent to the qualifying educational background associated with the teacher's
4426 supplement-approved assignment.
4427 (ii) A teacher shall provide transcripts and other documentation to the state board in
4428 order for the state board to determine if the teacher has a degree or degree major with course
4429 requirements that are substantially equivalent to the qualifying educational background
4430 associated with the teacher's supplement-approved assignment.
4431 (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
4432 appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
4433 the teacher has a qualifying teaching background.
4434 (ii) The teacher shall provide to the state board evidence to verify that the teacher has a
4435 qualifying teaching background.
4436 (7) (a) The state board shall distribute money appropriated to the Teacher Salary
4437 Supplement Program to school districts and charter schools for the Teacher Salary Supplement
4438 Program in accordance with the provisions of this section.
4439 (b) The state board shall include the employer-paid benefits described under
4440 Subsection (2)(b) in the amount of each salary supplement.
4441 (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
4442 salary supplement limits described under Subsection (3).
4443 (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
4444 a school district or charter school to provide a salary supplement equal to the amount specified
4445 in Subsection (3) for each eligible teacher.
4446 (b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
4447 teacher's qualification as an eligible teacher every year, semester, or trimester.
4448 (9) Notwithstanding the provisions of this section, if the appropriation for the program
4449 is insufficient to cover the costs associated with salary supplements, the state board shall
4450 distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
4451 Section 70. Section 53F-5-202 is amended to read:
4452 53F-5-202. National Board certification reimbursement.
4453 (1) (a) The terms defined in Section 53E-6-102 apply to this section.
4454 (b) As used in this section, "eligible educator" means an educator who is employed as
4455 an educator by an LEA.
4456 (2) (a) Subject to legislative appropriations and Subsection (2)(b), the state board shall
4457 reimburse an eligible educator for a cost incurred by the eligible educator to attain or renew a
4458 National Board certification.
4459 (b) The state board may only issue a reimbursement under Subsection (2)(a) for:
4460 (i) a National Board certification attained or renewed after July 1, 2016, and before
4461 July 1, 2019; or
4462 (ii) a cost incurred by an eligible teacher to attain or renew a National Board
4463 certification after July 1, 2016, and before July 1, 2019.
4464 (3) Subject to legislative appropriations, and in accordance with this section, beginning
4465 July 1, 2019, the state board may pay up to the total cost:
4466 (a) for an eligible educator who does not have a National Board certification to pursue
4467 a National Board certification; or
4468 (b) for an eligible educator who has a National Board certification, to renew the
4469 National Board certification.
4470 (4) An eligible educator who does not have a National Board certification and intends
4471 for the state board to pay for the eligible educator to pursue a National Board certification shall:
4472 (a) submit to the state board:
4473 (i) an application;
4474 (ii) a letter of recommendation from the principal of the eligible educator's school; and
4475 (iii) a plan for completing the requirements for a National Board certification within
4476 three years of the state board approving the eligible educator's application; and
4477 (b) pay a registration fee directly to the organization that administers National Board
4478 certification.
4479 (5) An eligible educator who intends for the state board to pay to renew the eligible
4480 educator's National Board certification shall submit an application to the state board.
4481 (6) The state board may not:
4482 (a) pay for an eligible educator to attempt to earn National Board certification over a
4483 period of longer than three years; or
4484 (b) pay for an individual to attempt National Board certification or a component of
4485 National Board certification more than once.
4486 (7) The state board shall make rules specifying procedures and timelines for:
4487 (a) reimbursing costs under Subsection (2); and
4488 (b) paying costs for an eligible educator to pursue or renew a National Board
4489 certification under Subsection (3).
4490 Section 71. Section 53F-5-212 is amended to read:
4491 53F-5-212. Grants for additional educators for high-need schools.
4492 (1) As used in this section:
4493 (a) "Educator" means an individual who holds a professional educator license
4494 described in Section 53E-6-201.
4495 (b) "First-year educator" means an educator who is:
4496 (i) a classroom teacher; and
4497 (ii) in the educator's first year of teaching.
4498 (c) "High-need school" means an elementary school in an LEA that qualifies for a grant
4499 under this section based on the criteria established by the state board under Subsection
4500 (5)(a)(ii).
4501 (d) "Local education agency" or "LEA" means a school district or charter school.
4502 (e) "Title I school" means a school that receives funds under Title I of the Elementary
4503 and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
4504 (2) Subject to legislative appropriations, and in accordance with this section, the state
4505 board shall award a grant to an LEA to fund the salary and benefits for an additional first-year
4506 educator to teach in a high-need school.
4507 (3) The state board shall:
4508 (a) solicit proposals from LEAs to receive a grant under this section; and
4509 (b) award grants to LEAs on a competitive basis based on the LEA applications
4510 described in Subsection (4)(a).
4511 (4) To receive a grant under this section, an LEA shall:
4512 (a) submit an application to the state board that:
4513 (i) lists the school or schools for which the LEA intends to use a grant;
4514 (ii) describes how each school for which the LEA intends to use a grant meets the
4515 criteria for being a high-need school; and
4516 (iii) includes any other information required by the state board under the rules
4517 described in Subsection (5); and
4518 (b) provide matching funds in an amount equal to the grant received by the LEA under
4519 this section.
4520 (5) (a) The state board shall make rules specifying:
4521 (i) the procedure for an LEA to apply for a grant under this section, including
4522 application requirements; and
4523 (ii) the criteria for determining if an elementary school is a high-need school.
4524 (b) In establishing the criteria described in Subsection (5)(a)(ii), the state board shall
4525 consider the following factors:
4526 (i) Title I school status;
4527 (ii) low school performance, as indicated by the school accountability system described
4528 in Title 53E, Chapter 5, Part 2, School Accountability System;
4529 (iii) a high percentage of students enrolled in the school who are either experiencing or
4530 at risk of experiencing intergenerational poverty;
4531 (iv) a high ratio of students to educators in the school;
4532 (v) higher than average educator turnover in the school;
4533 (vi) a high percentage of students enrolled in the school who are experiencing
4534 homelessness; and
4535 (vii) other factors determined by the state board.
4536 (6) An LEA that receives a grant under this section shall:
4537 (a) (i) use the grant to fund a portion of the cost of the salary and benefits for an
4538 additional first-year educator who teaches in a high-need school; and
4539 (ii) maintain a class size of fewer than 20 students for a first-year educator whose
4540 salary and benefits are funded by the grant; and
4541 (b) annually submit a report to the state board describing:
4542 (i) how the LEA used the grant; and
4543 (ii) whether the grant was effective in maintaining a smaller class size for the first-year
4544 educator whose salary and benefits were funded by the grant.
4545 Section 72. Section 53F-9-201 is amended to read:
4546 53F-9-201. Uniform School Fund -- Contents -- Trust Distribution Account.
4547 (1) As used in this section:
4548 (a) "Annual distribution calculation" means, for a given fiscal year, the average of:
4549 (i) 4% of the average market value of the State School Fund for that fiscal year; and
4550 (ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
4551 (A) one;
4552 (B) the percent change in student enrollment from the school year two years prior to
4553 the prior school year; and
4554 (C) the actual total percent change of the consumer price index during the last 12
4555 months as measured in June of the prior fiscal year.
4556 (b) "Average market value of the State School Fund" means the results of a calculation
4557 completed by the SITFO director each fiscal year that averages the value of the State School
4558 Fund for the past 12 consecutive quarters ending in the prior fiscal year.
4559 (c) "Consumer price index" means the Consumer Price Index for All Urban
4560 Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
4561 the United States Department of Labor.
4562 (d) "SITFO director" means the director of the School and Institutional Trust Fund
4563 Office appointed under Section 53D-1-401.
4564 (e) "State School Fund investment earnings distribution amount" or "distribution
4565 amount" means, for a fiscal year, the lesser of:
4566 (i) the annual distribution calculation; or
4567 (ii) 4% of the average market value of the State School Fund.
4568 (2) The Uniform School Fund, a special revenue fund within the Education Fund,
4569 established by Utah Constitution, Article X, Section 5, consists of:
4570 (a) distributions derived from the investment of money in the permanent State School
4571 Fund established by Utah Constitution, Article X, Section 5;
4572 (b) money transferred to the fund pursuant to Title 67, Chapter 4a, Revised Uniform
4573 Unclaimed Property Act; and
4574 (c) all other constitutional or legislative allocations to the fund, including revenues
4575 received by donation.
4576 (3) (a) There is created within the Uniform School Fund a restricted account known as
4577 the Trust Distribution Account.
4578 (b) The Trust Distribution Account consists of:
4579 (i) in accordance with Subsection (4), quarterly deposits of the State School Fund
4580 investment earnings distribution amount from the prior fiscal year;
4581 (ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
4582 (iii) any unused appropriation for the administration of the School LAND Trust
4583 Program, as described in Subsection 53F-2-404(1)(c).
4584 (4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
4585 remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a)
4586 for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
4587 of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
4588 amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
4589 remaining balance from the prior fiscal year.
4590 (5) On or before October 1 of each year, the SITFO director shall:
4591 (a) in accordance with this section, determine the distribution amount for the following
4592 fiscal year; and
4593 (b) report the amount described in Subsection (5)(a) as the funding amount, described
4594 in Subsection 53F-2-404(1)(c), for the School LAND Trust Program, to:
4595 (i) the State Treasurer;
4596 (ii) the Legislative Fiscal Analyst;
4597 (iii) the Division of Finance;
4598 (iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
4599 Section 53D-2-203;
4600 (v) the School and Institutional Trust Lands Administration created in Section
4601 53C-1-201;
4602 (vi) the [
4603 (vii) the Governor's Office of Management and Budget.
4604 (6) The School and Institutional Trust Fund Board of Trustees created in Section
4605 53D-1-301 shall:
4606 (a) annually review the distribution amount; and
4607 (b) make recommendations, if necessary, to the Legislature for changes to the formula
4608 for calculating the distribution amount.
4609 (7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
4610 Distribution Account funds for the School LAND Trust Program as described in Subsections
4611 53F-2-404(1)(a) and (c).
4612 Section 73. Section 53G-7-306 is amended to read:
4613 53G-7-306. School district interfund transfers.
4614 (1) A school district shall spend revenues only within the fund for which they were
4615 originally authorized, levied, collected, or appropriated.
4616 (2) Except as otherwise provided in this section, school district interfund transfers of
4617 residual equity are prohibited.
4618 (3) The state board may authorize school district interfund transfers of residual equity
4619 when a district states its intent to create a new fund or expand, contract, or liquidate an existing
4620 fund.
4621 (4) The state board may also authorize school district interfund transfers of residual
4622 equity for a financially distressed district if the state board determines the following:
4623 (a) the district has a significant deficit in its maintenance and operations fund caused
4624 by circumstances not subject to the administrative decisions of the district;
4625 (b) the deficit cannot be reasonably reduced under Section 53G-7-305; and
4626 (c) without the transfer, the school district will not be capable of meeting statewide
4627 educational standards adopted by the state board.
4628 (5) The state board shall develop in rule standards for defining and aiding financially
4629 distressed school districts under this section.
4630 (6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
4631 and reported in the debt service fund.
4632 (b) Debt service levies under Subsection 59-2-924(5)(c) that are not subject to the
4633 public hearing provisions of Section 59-2-919 may not be used for any purpose other than
4634 retiring general obligation debt.
4635 (c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
4636 year shall be used in subsequent years for general obligation debt retirement.
4637 (d) Any amounts left in the debt service fund after all general obligation debt has been
4638 retired may be transferred to the capital projects fund upon completion of the budgetary hearing
4639 process required under Section 53G-7-303.
4640 Section 74. Section 53G-7-903 is amended to read:
4641 53G-7-903. Interns -- Workers' compensation medical benefits.
4642 (1) An intern participating in an internship under Section 53G-7-902 is considered to
4643 be a volunteer government worker of the sponsoring public school, or an employee of the
4644 sponsoring private school, solely for purposes of receiving workers' compensation medical
4645 benefits.
4646 (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
4647 against the school and the cooperating employer for all injuries and occupational diseases as
4648 provided under Title 34A, [
4649 Utah Occupational Disease Act.
4650 Section 75. Section 53G-8-402 is amended to read:
4651 53G-8-402. Notification by juvenile court and law enforcement agencies.
4652 (1) Notifications received from the juvenile court or law enforcement agencies by the
4653 school district pursuant to Subsections 78A-6-112(3)(b) and 78A-6-117(1)[
4654 by this part.
4655 (2) School districts may enter into agreements with law enforcement agencies for
4656 notification under Subsection (1).
4657 Section 76. Section 53G-8-405 is amended to read:
4658 53G-8-405. Liability for release of information.
4659 (1) The district superintendent, principal, and any staff member notified by the
4660 principal may not be held liable for information which may become public knowledge unless it
4661 can be shown by clear and convincing evidence that the information became public knowledge
4662 through an intentional act of the superintendent, principal, or a staff member.
4663 (2) A person receiving information under Subsection 78A-6-112(3)(b) or
4664 78A-6-117(1)[
4665 acting or failing to act in response to the information unless the person acts or fails to act due to
4666 malice, gross negligence, or deliberate indifference to the consequences.
4667 Section 77. Section 53G-9-208 is amended to read:
4668 53G-9-208. Sunscreen -- Possession -- Administration -- Immunity.
4669 (1) As used in this section, "sunscreen" means a compound topically applied to prevent
4670 sunburn.
4671 (2) A public school shall permit a student, without a parent's, physician's, or physician
4672 assistant's authorization, to possess or self-apply sunscreen that is regulated by the Food and
4673 Drug Administration.
4674 (3) If a student is unable to self-apply sunscreen, a volunteer school employee may
4675 apply the sunscreen on the student if the student's parent provides written consent for the
4676 assistance.
4677 (4) A volunteer school employee who applies sunscreen on a student in compliance
4678 with Subsection (3) and the volunteer school employee's employer are not liable for:
4679 (a) an adverse reaction suffered by the student as a result of having the sunscreen
4680 applied; or
4681 (b) discontinuing the application of the sunscreen at any time.
4682 Section 78. Section 53G-10-402 is amended to read:
4683 53G-10-402. Instruction in health -- Parental consent requirements -- Conduct
4684 and speech of school employees and volunteers -- Political and religious doctrine
4685 prohibited.
4686 (1) As used in this section:
4687 (a) "LEA governing board" means a local school board or charter school governing
4688 board.
4689 (b) "Refusal skills" means instruction:
4690 (i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
4691 adult;
4692 (ii) in a student's obligation to stop the student's sexual advances if refused by another
4693 individual;
4694 (iii) informing a student of the student's right to report and seek counseling for
4695 unwanted sexual advances;
4696 (iv) in sexual harassment; and
4697 (v) informing a student that a student may not consent to criminally prohibited
4698 activities or activities for which the student is legally prohibited from giving consent, including
4699 the electronic transmission of sexually explicit images by an individual of the individual or
4700 another.
4701 (2) (a) The state board shall establish curriculum requirements under Section
4702 53E-3-501 that include instruction in:
4703 (i) community and personal health;
4704 (ii) physiology;
4705 (iii) personal hygiene;
4706 (iv) prevention of communicable disease;
4707 (v) refusal skills; and
4708 (vi) the harmful effects of pornography.
4709 (b) The state board shall make rules that, and instruction shall:
4710 (i) stress the importance of abstinence from all sexual activity before marriage and
4711 fidelity after marriage as methods for preventing certain communicable diseases;
4712 (ii) stress personal skills that encourage individual choice of abstinence and fidelity;
4713 (iii) prohibit instruction in:
4714 (A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
4715 (B) the advocacy of premarital or extramarital sexual activity; or
4716 (C) the advocacy or encouragement of the use of contraceptive methods or devices; and
4717 (iv) except as provided in Subsection (2)(d), allow instruction to include information
4718 about contraceptive methods or devices that stresses effectiveness, limitations, risks, and
4719 information on state law applicable to minors obtaining contraceptive methods or devices.
4720 (c) The state board shall make rules for an LEA governing board that adopts
4721 instructional materials under Subsection (2)(g)(ii) that:
4722 (i) require the LEA governing board to report on the materials selected and the LEA
4723 governing board's compliance with Subsection (2)(h); and
4724 (ii) provide for an appeal and review process of the LEA governing board's adoption of
4725 instructional materials.
4726 (d) The state board may not require an LEA to teach or adopt instructional materials
4727 that include information on contraceptive methods or devices.
4728 (e) (i) At no time may instruction be provided, including responses to spontaneous
4729 questions raised by students, regarding any means or methods that facilitate or encourage the
4730 violation of any state or federal criminal law by a minor or an adult.
4731 (ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a
4732 spontaneous question as long as the response is consistent with the provisions of this section.
4733 (f) The state board shall recommend instructional materials for use in the curricula
4734 required under Subsection (2)(a) after considering evaluations of instructional materials by the
4735 State Instructional Materials Commission.
4736 (g) An LEA governing board may choose to adopt:
4737 (i) the instructional materials recommended under Subsection (2)(f); or
4738 (ii) other instructional materials in accordance with Subsection (2)(h).
4739 (h) An LEA governing board that adopts instructional materials under Subsection
4740 (2)(g)(ii) shall:
4741 (i) ensure that the materials comply with state law and board rules;
4742 (ii) base the adoption of the materials on the recommendations of the LEA governing
4743 board's Curriculum Materials Review Committee; and
4744 (iii) adopt the instructional materials in an open and regular meeting of the LEA
4745 governing board for which prior notice is given to parents of students attending the respective
4746 schools and an opportunity for parents to express their views and opinions on the materials at
4747 the meeting.
4748 (3) (a) A student shall receive instruction in the courses described in Subsection (2) on
4749 at least two occasions during the period that begins with the beginning of grade 8 and the end
4750 of grade 12.
4751 (b) At the request of the state board, the Department of Health shall cooperate with the
4752 state board in developing programs to provide instruction in those areas.
4753 (4) (a) The state board shall adopt rules that:
4754 (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
4755 are complied with; and
4756 (ii) require a student's parent to be notified in advance and have an opportunity to
4757 review the information for which parental consent is required under Sections 76-7-322 and
4758 76-7-323.
4759 (b) The state board shall also provide procedures for disciplinary action for violation of
4760 Section 76-7-322 or 76-7-323.
4761 (5) (a) In keeping with the requirements of Section 53G-10-204, and because school
4762 employees and volunteers serve as examples to their students, school employees or volunteers
4763 acting in their official capacities may not support or encourage criminal conduct by students,
4764 teachers, or volunteers.
4765 (b) To ensure the effective performance of school personnel, the limitations described
4766 in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
4767 employee's or volunteer's official capacities if:
4768 (i) the employee or volunteer knew or should have known that the employee's or
4769 volunteer's action could result in a material and substantial interference or disruption in the
4770 normal activities of the school; and
4771 (ii) that action does result in a material and substantial interference or disruption in the
4772 normal activities of the school.
4773 (c) The state board or an LEA governing board may not allow training of school
4774 employees or volunteers that supports or encourages criminal conduct.
4775 (d) The state board shall adopt rules implementing this section.
4776 (e) Nothing in this section limits the ability or authority of the state board or an LEA
4777 governing board to enact and enforce rules or take actions that are otherwise lawful, regarding
4778 educators', employees', or volunteers' qualifications or behavior evidencing unfitness for duty.
4779 (6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious,
4780 or denominational doctrine may not be taught in the public schools.
4781 (7) (a) An LEA governing board and an LEA governing board's employees shall
4782 cooperate and share responsibility in carrying out the purposes of this chapter.
4783 (b) An LEA governing board shall provide appropriate professional development for
4784 the LEA governing board's teachers, counselors, and school administrators to enable them to
4785 understand, protect, and properly instruct students in the values and character traits referred to
4786 in this section and Sections 53E-9-202, 53E-9-203, 53G-10-202, 53G-10-203, 53G-10-204,
4787 and 53G-10-205, and distribute appropriate written materials on the values, character traits, and
4788 conduct to each individual receiving the professional development.
4789 (c) An LEA governing board shall make the written materials described in Subsection
4790 (7)(b) available to classified employees, students, and parents of students.
4791 (d) In order to assist an LEA governing board in providing the professional
4792 development required under Subsection (7)(b), the state board shall, as appropriate, contract
4793 with a qualified individual or entity possessing expertise in the areas referred to in Subsection
4794 (7)(b) to develop and disseminate model teacher professional development programs that an
4795 LEA governing board may use to train the individuals referred to in Subsection (7)(b) to
4796 effectively teach the values and qualities of character referenced in Subsection (7).
4797 (e) In accordance with the provisions of Subsection (5)(c), professional development
4798 may not support or encourage criminal conduct.
4799 (8) An LEA governing board shall review every two years:
4800 (a) LEA governing board policies on instruction described in this section;
4801 (b) for a local school board [
4802 district is located in, or, for a charter school governing board, data for the county in which the
4803 charter school is located, on the following:
4804 (i) teen pregnancy;
4805 (ii) child sexual abuse; and
4806 (iii) sexually transmitted diseases and sexually transmitted infections; and
4807 (c) the number of pornography complaints or other instances reported within the
4808 jurisdiction of the LEA governing board.
4809 (9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
4810 section, or the application thereof to any person or circumstance, is found to be
4811 unconstitutional, the balance of this section shall be given effect without the invalid provision,
4812 subsection, sentence, clause, phrase, or word.
4813 Section 79. Section 53G-11-501 is amended to read:
4814 53G-11-501. Definitions.
4815 As used in this part:
4816 (1) "Administrator" means an individual who supervises educators and holds an
4817 appropriate license issued by the state board.
4818 (2) "Career educator" means a licensed employee who has a reasonable expectation of
4819 continued employment under the policies of a local school board.
4820 (3) "Career employee" means an employee of a school district who has obtained a
4821 reasonable expectation of continued employment based upon Section 53G-11-503 and an
4822 agreement with the employee or the employee's association, district practice, or policy.
4823 (4) "Contract term" or "term of employment" means the period of time during which an
4824 employee is engaged by the school district under a contract of employment, whether oral or
4825 written.
4826 (5) "Dismissal" or "termination" means:
4827 (a) termination of the status of employment of an employee;
4828 (b) failure to renew or continue the employment contract of a career employee beyond
4829 the then-current school year;
4830 (c) reduction in salary of an employee not generally applied to all employees of the
4831 same category employed by the school district during the employee's contract term; or
4832 (d) change of assignment of an employee with an accompanying reduction in pay,
4833 unless the assignment change and salary reduction are agreed to in writing.
4834 (6) "Educator" means an individual employed by a school district who is required to
4835 hold a professional license issued by the state board, except:
4836 (a) a superintendent; or
4837 (b) an individual who works less than three hours per day or is hired for less than half
4838 of a school year.
4839 (7) (a) "Employee" means a career or provisional employee of a school district, except
4840 as provided in Subsection (7)(b).
4841 (b) Excluding Section 53G-11-518, for purposes of this part, "employee" does not
4842 include:
4843 (i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
4844 Blind;
4845 (ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
4846 and the Blind; or
4847 (iii) a temporary employee.
4848 (8) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates
4849 the termination of an employee who started to work for a district most recently before
4850 terminating a more senior employee.
4851 (9) "Provisional educator" means an educator employed by a school district who has
4852 not achieved status as a career educator within the school district.
4853 (10) "Provisional employee" means an individual, other than a career employee or a
4854 temporary employee, who is employed by a school district.
4855 (11) "School board" [
4856 for the Deaf and the Blind, the state board.
4857 (12) "School district" or "district" means:
4858 (a) a public school district; or
4859 (b) the Utah Schools for the Deaf and the Blind.
4860 (13) "Summative evaluation" means the annual evaluation that summarizes an
4861 educator's performance during a school year and that is used to make decisions related to the
4862 educator's employment.
4863 (14) "Temporary employee" means an individual who is employed on a temporary
4864 basis as defined by policies adopted by the school board. If the class of employees in question
4865 is represented by an employee organization recognized by the school board, the school board
4866 shall adopt the school board's policies based upon an agreement with that organization.
4867 Temporary employees serve at will and have no expectation of continued employment.
4868 (15) (a) "Unsatisfactory performance" means a deficiency in performing work tasks
4869 that may be:
4870 (i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
4871 (ii) remediated through training, study, mentoring, or practice.
4872 (b) "Unsatisfactory performance" does not include the following conduct that is
4873 designated as a cause for termination under Section 53G-11-512 or a reason for license
4874 discipline by the state board or Utah Professional Practices Advisory Commission:
4875 (i) a violation of work policies;
4876 (ii) a violation of school board policies, state board rules, or law;
4877 (iii) a violation of standards of ethical, moral, or professional conduct; or
4878 (iv) insubordination.
4879 Section 80. Section 58-1-501.7 is amended to read:
4880 58-1-501.7. Standards of conduct for prescription drug education -- Academic
4881 and commercial detailing.
4882 (1) For purposes of this section:
4883 (a) "Academic detailing":
4884 (i) means a health care provider who is licensed under this title to prescribe or dispense
4885 a prescription drug and employed by someone other than a pharmaceutical manufacturer:
4886 (A) for the purpose of countering information provided in commercial detailing; and
4887 (B) to disseminate educational information about prescription drugs to other health
4888 care providers in an effort to better align clinical practice with scientific research; and
4889 (ii) does not include a health care provider who:
4890 (A) is disseminating educational information about a prescription drug as part of
4891 teaching or supervising students or graduate medical education students at an institution of
4892 higher education or through a medical residency program;
4893 (B) is disseminating educational information about a prescription drug to a patient or a
4894 patient's representative; or
4895 (C) is acting within the scope of practice for the health care provider regarding the
4896 prescribing or dispensing of a prescription drug.
4897 (b) "Commercial detailing" means an educational practice employed by a
4898 pharmaceutical manufacturer in which clinical information and evidence about a prescription
4899 drug is shared with health care professionals.
4900 (c) "Manufacture" is as defined in Section 58-37-2.
4901 (d) "Pharmaceutical manufacturer" is a person who manufactures a prescription drug.
4902 (2) (a) Except as provided in Subsection (3), the provisions of this section apply to an
4903 academic detailer beginning July 1, 2013.
4904 (b) An academic detailer and a commercial detailer who educate another health care
4905 provider about prescription drugs through written or oral educational material is subject to
4906 federal regulations regarding:
4907 (i) false and misleading advertising in 21 C.F.R., Part 201 (2007);
4908 (ii) prescription drug advertising in 21 C.F.R., Part 202 (2007); and
4909 (iii) the federal Office of the Inspector General's Compliance Program Guidance for
4910 Pharmaceutical Manufacturers issued in April 2003, as amended.
4911 (c) A person who is injured by a violation of this section has a private right of action
4912 against a person engaged in academic detailing, if:
4913 (i) the actions of the person engaged in academic detailing, that are a violation of this
4914 section, are:
4915 (A) the result of gross negligence by the person; or
4916 (B) willful and wanton behavior by the person; and
4917 (ii) the damages to the person are reasonable, foreseeable, and proximately caused by
4918 the violations of this section.
4919 (3) (a) For purposes of this Subsection, "accident and health insurance":
4920 (i) means the same as that term is defined in Section 31A-1-301; and
4921 (ii) includes a self-funded health benefit plan and an administrator for a self-funded
4922 health benefit plan.
4923 (b) This section does not apply to a person who engages in academic detailing if that
4924 person is engaged in academic detailing on behalf of:
4925 (i) a person who provides accident and health insurance, including when the person
4926 who provides accident and health insurance contracts with or offers:
4927 (A) the state Medicaid program, including the Primary Care Network within the state's
4928 Medicaid program;
4929 (B) the Children's Health Insurance Program created in Section 26-40-103;
4930 [
4931 [
4932 [
4933 (ii) a hospital as defined in Section 26-21-2;
4934 (iii) any class of pharmacy as defined in Section 58-17b-102, including any affiliated
4935 pharmacies;
4936 (iv) an integrated health system as defined in Section 13-5b-102; or
4937 (v) a medical clinic.
4938 (c) This section does not apply to communicating or disseminating information about a
4939 prescription drug for the purpose of conducting research using prescription drugs at a health
4940 care facility as defined in Section 26-21-2, or a medical clinic.
4941 Section 81. Section 58-9-102 is amended to read:
4942 58-9-102. Definitions.
4943 In addition to the definitions in Section 58-1-102, as used in this chapter:
4944 (1) "Alkaline hydrolysis" means a water-based dissolution process using alkaline
4945 chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid
4946 and to dry bone residue and includes the disposal of the liquid and the processing and
4947 pulverization of the dry bone residue.
4948 (2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
4949 hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human
4950 remains.
4951 (3) "Alkaline hydrolysis container" means a container:
4952 (a) in which human remains are transported to a funeral service establishment and
4953 placed in an alkaline hydrolysis chamber for resomation; and
4954 (b) that meets substantially all of the following standards:
4955 (i) able to be closed in order to provide a complete covering for the human remains;
4956 (ii) resistant to leakage or spillage;
4957 (iii) rigid enough for handling with ease; and
4958 (iv) able to provide protection for the health, safety, and personal integrity of crematory
4959 personnel.
4960 (4) "Authorizing agent" means a person legally entitled to authorize the cremation or
4961 the alkaline hydrolysis process of human remains.
4962 (5) "Beneficiary" means the individual who, at the time of the individual's death, is to
4963 receive the benefit of the property and services purchased under a preneed funeral arrangement.
4964 (6) "Board" means the Board of Funeral Service created in Section 58-9-201.
4965 (7) "Body part" means:
4966 (a) a limb or other portion of the anatomy that is removed from a person or human
4967 remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research;
4968 or
4969 (b) a human body or any portion of a body that has been donated to science for medical
4970 research purposes.
4971 (8) "Buyer" means a person who purchases a preneed funeral arrangement.
4972 (9) "Calcination" means a process in which a dead human body is reduced by intense
4973 heat to a residue that is not as substantive as the residue that follows cremation.
4974 (10) "Cremated remains" means all the remains of a cremated body recovered after the
4975 completion of the cremation process, including pulverization which leaves only bone fragments
4976 reduced to unidentifiable dimensions and may possibly include the residue of foreign matter
4977 including casket material, bridgework, or eyeglasses that were cremated with the human
4978 remains.
4979 (11) "Cremation" means the technical process, using direct flame and heat, or a
4980 chemical process, that reduces human remains to bone fragments through heat and evaporation,
4981 or a chemical process, and includes the processing and usually the pulverization of the bone
4982 fragments.
4983 (12) "Cremation chamber" means the enclosed space within which the cremation
4984 process takes place and which is used exclusively for the cremation of human remains.
4985 (13) "Cremation container" means the container:
4986 (a) in which the human remains are transported to the crematory and placed in the
4987 cremation chamber for cremation; and
4988 (b) that meets substantially all of the following standards:
4989 (i) composed of readily combustible or consumable materials suitable for cremation;
4990 (ii) able to be closed in order to provide a complete covering for the human remains;
4991 (iii) resistant to leakage or spillage;
4992 (iv) rigid enough for handling with ease; and
4993 (v) able to provide protection for the health, safety, and personal integrity of crematory
4994 personnel.
4995 (14) "Crematory" means the building or portion of a building that houses the cremation
4996 chamber and the holding facility.
4997 (15) "Direct disposition" means the disposition of a dead human body:
4998 (a) as quickly as law allows;
4999 (b) without preparation of the body by embalming; and
5000 (c) without an attendant funeral service or graveside service.
5001 (16) "Disposition" means the final disposal of a dead human body by:
5002 (a) earth interment;
5003 (b) above ground burial;
5004 (c) cremation;
5005 (d) calcination;
5006 (e) alkaline hydrolysis;
5007 (f) burial at sea;
5008 (g) delivery to a medical institution; or
5009 (h) other lawful means.
5010 (17) "Embalming" means replacing body fluids in a dead human body with preserving
5011 and disinfecting chemicals.
5012 (18) (a) "Funeral merchandise" means any of the following into which a dead human
5013 body is placed in connection with the transportation or disposition of the body:
5014 (i) a vault;
5015 (ii) a casket; or
5016 (iii) other personal property.
5017 (b) "Funeral merchandise" does not include:
5018 (i) a mausoleum crypt;
5019 (ii) an interment receptacle preset in a cemetery; or
5020 (iii) a columbarium niche.
5021 (19) "Funeral service" means a service, rite, or ceremony performed:
5022 (a) with respect to the death of a human; and
5023 (b) with the body of the deceased present.
5024 (20) "Funeral service director" means an individual licensed under this chapter who
5025 may engage in all lawful professional activities regulated and defined under the practice of
5026 funeral service.
5027 (21) (a) "Funeral service establishment" means a place of business at a specific street
5028 address or location licensed under this chapter that is devoted to:
5029 (i) the embalming, care, custody, shelter, preparation for burial, and final disposition of
5030 dead human bodies; and
5031 (ii) the furnishing of services, merchandise, and products purchased from the
5032 establishment as a preneed provider under a preneed funeral arrangement.
5033 (b) "Funeral service establishment" includes:
5034 (i) all portions of the business premises and all tools, instruments, and supplies used in
5035 the preparation and embalming of dead human bodies for burial, cremation, alkaline
5036 hydrolysis, and final disposition as defined by division rule; and
5037 (ii) a facility used by the business in which funeral services may be conducted.
5038 (22) "Funeral service intern" means an individual licensed under this chapter who is
5039 permitted to:
5040 (a) assist a funeral service director in the embalming or other preparation of a dead
5041 human body for disposition;
5042 (b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or
5043 pulverization of a dead human body or its remains; and
5044 (c) perform other funeral service activities under the supervision of a funeral service
5045 director.
5046 (23) "Graveside service" means a funeral service held at the location of disposition.
5047 (24) "Memorial service" means a service, rite, or ceremony performed:
5048 (a) with respect to the death of a human; and
5049 (b) without the body of the deceased present.
5050 (25) "Practice of funeral service" means:
5051 (a) supervising the receipt of custody and transportation of a dead human body to
5052 prepare the body for:
5053 (i) disposition; or
5054 (ii) shipment to another location;
5055 (b) entering into a contract with a person to provide professional services regulated
5056 under this chapter;
5057 (c) embalming or otherwise preparing a dead human body for disposition;
5058 (d) supervising the arrangement or conduct of:
5059 (i) a funeral service;
5060 (ii) a graveside service; or
5061 (iii) a memorial service;
5062 (e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body
5063 or the body's remains;
5064 (f) supervising the arrangement of:
5065 (i) a disposition; or
5066 (ii) a direct disposition;
5067 (g) facilitating:
5068 (i) a disposition; or
5069 (ii) a direct disposition;
5070 (h) supervising the sale of funeral merchandise by a funeral establishment;
5071 (i) managing or otherwise being responsible for the practice of funeral service in a
5072 licensed funeral service establishment;
5073 (j) supervising the sale of a preneed funeral arrangement; and
5074 (k) contracting with or employing individuals to sell a preneed funeral arrangement.
5075 (26) (a) "Preneed funeral arrangement" means a written or oral agreement sold in
5076 advance of the death of the beneficiary under which a person agrees with a buyer to provide at
5077 the death of the beneficiary any of the following as are typically provided in connection with a
5078 disposition:
5079 (i) goods;
5080 (ii) services, including:
5081 (A) embalming services; and
5082 (B) funeral directing services;
5083 (iii) real property; or
5084 (iv) personal property, including:
5085 (A) a casket;
5086 (B) another primary container;
5087 (C) a cremation, alkaline hydrolysis, or transportation container;
5088 (D) an outer burial container;
5089 (E) a vault;
5090 (F) a grave liner;
5091 (G) funeral clothing and accessories;
5092 (H) a monument;
5093 (I) a grave marker; and
5094 (J) a cremation or alkaline hydrolysis urn.
5095 (b) "Preneed funeral arrangement" does not include a policy or product of life
5096 insurance providing a death benefit cash payment upon the death of the beneficiary which is
5097 not limited to providing the products or services described in Subsection [
5098 (27) "Processing" means the reduction of identifiable bone fragments after the
5099 completion of the cremation or the alkaline hydrolysis process to unidentifiable bone fragments
5100 by manual means.
5101 (28) "Pulverization" means the reduction of identifiable bone fragments after the
5102 completion of the cremation or alkaline hydrolysis and processing to granulated particles by
5103 manual or mechanical means.
5104 (29) "Resomation" means the alkaline hydrolysis process.
5105 (30) "Sales agent" means an individual licensed under this chapter as a preneed funeral
5106 arrangement sales agent.
5107 (31) "Temporary container" means a receptacle for cremated or alkaline hydrolysis
5108 remains usually made of cardboard, plastic, or similar material designed to hold the cremated
5109 remains until an urn or other permanent container is acquired.
5110 (32) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
5111 and 58-9-501.
5112 (33) "Unprofessional conduct" means the same as that term is defined in Sections
5113 58-1-501 and 58-9-502.
5114 (34) "Urn" means a receptacle designed to permanently encase cremated or alkaline
5115 hydrolysis remains.
5116 Section 82. Section 58-28-606 is amended to read:
5117 58-28-606. Veterinary corporations, partnerships, and limited liability companies
5118 -- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.
5119 (1) As used in this section:
5120 (a) "Veterinary corporation" means a professional corporation organized to render
5121 veterinary services under Title 16, Chapter 11, Professional Corporation Act.
5122 (b) "Veterinary limited liability company" means a limited liability company organized
5123 to render veterinary services under Title 48, Chapter 3a, Utah Revised Uniform Limited
5124 Liability Company Act.
5125 (c) "Veterinary partnership" means a partnership or limited liability partnership
5126 organized to render veterinary services under [
5127
5128 (i) Title 48, Chapter 1d, Utah Uniform Partnership Act; or
5129 (ii) Title 48, Chapter 2e, Utah Uniform Limited Partnership Act.
5130 (2) A veterinary corporation may issue or transfer shares of the veterinary corporation's
5131 capital stock to a person that is not licensed to practice veterinary medicine, surgery, and
5132 dentistry under this chapter.
5133 (3) An individual who is not licensed to practice veterinary medicine, surgery, and
5134 dentistry under this chapter:
5135 (a) may not serve as an officer or director of a veterinary corporation; and
5136 (b) may serve as secretary or treasurer of a veterinary corporation.
5137 (4) A veterinary limited liability company or a veterinary partnership may include an
5138 individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this
5139 chapter.
5140 Section 83. Section 58-37-8 is amended to read:
5141 58-37-8. Prohibited acts -- Penalties.
5142 (1) Prohibited acts A -- Penalties and reporting:
5143 (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
5144 intentionally:
5145 (i) produce, manufacture, or dispense, or to possess with intent to produce,
5146 manufacture, or dispense, a controlled or counterfeit substance;
5147 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
5148 arrange to distribute a controlled or counterfeit substance;
5149 (iii) possess a controlled or counterfeit substance with intent to distribute; or
5150 (iv) engage in a continuing criminal enterprise where:
5151 (A) the person participates, directs, or engages in conduct that results in a violation of
5152 [
5153 Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled
5154 Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a felony; and
5155 (B) the violation is a part of a continuing series of two or more violations of [
5156 Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act,
5157 Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
5158 Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are
5159 undertaken in concert with five or more persons with respect to whom the person occupies a
5160 position of organizer, supervisor, or any other position of management.
5161 (b) A person convicted of violating Subsection (1)(a) with respect to:
5162 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
5163 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
5164 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
5165 subsequent conviction is guilty of a first degree felony;
5166 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
5167 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
5168 upon a second or subsequent conviction is guilty of a second degree felony; or
5169 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
5170 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
5171 felony.
5172 (c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
5173 be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
5174 fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on the
5175 person or in the person's immediate possession during the commission or in furtherance of the
5176 offense, the court shall additionally sentence the person convicted for a term of one year to run
5177 consecutively and not concurrently; and the court may additionally sentence the person
5178 convicted for an indeterminate term not to exceed five years to run consecutively and not
5179 concurrently.
5180 (d) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
5181 felony punishable by imprisonment for an indeterminate term of not less than seven years and
5182 which may be for life. Imposition or execution of the sentence may not be suspended, and the
5183 person is not eligible for probation.
5184 (e) The Administrative Office of the Courts shall report to the Division of
5185 Occupational and Professional Licensing the name, case number, date of conviction, and if
5186 known, the date of birth of each person convicted of violating Subsection (1)(a).
5187 (2) Prohibited acts B -- Penalties and reporting:
5188 (a) It is unlawful:
5189 (i) for a person knowingly and intentionally to possess or use a controlled substance
5190 analog or a controlled substance, unless it was obtained under a valid prescription or order,
5191 directly from a practitioner while acting in the course of the person's professional practice, or as
5192 otherwise authorized by this chapter;
5193 (ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
5194 vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
5195 by persons unlawfully possessing, using, or distributing controlled substances in any of those
5196 locations; or
5197 (iii) for a person knowingly and intentionally to possess an altered or forged
5198 prescription or written order for a controlled substance.
5199 (b) A person convicted of violating Subsection (2)(a)(i) with respect to:
5200 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
5201 or
5202 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
5203 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
5204 conviction is guilty of a third degree felony.
5205 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
5206 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
5207 penalty than provided in this Subsection (2).
5208 (d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
5209 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
5210 58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
5211 person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
5212 person is guilty of a third degree felony.
5213 (e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
5214 boundaries of property occupied by a correctional facility as defined in Section 64-13-1 or a
5215 public jail or other place of confinement shall be sentenced to a penalty one degree greater than
5216 provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
5217 listed in:
5218 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
5219 indeterminate term as provided by law, and:
5220 (A) the court shall additionally sentence the person convicted to a term of one year to
5221 run consecutively and not concurrently; and
5222 (B) the court may additionally sentence the person convicted for an indeterminate term
5223 not to exceed five years to run consecutively and not concurrently; and
5224 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
5225 indeterminate term as provided by law, and the court shall additionally sentence the person
5226 convicted to a term of six months to run consecutively and not concurrently.
5227 (f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
5228 (i) on a first conviction, guilty of a class B misdemeanor;
5229 (ii) on a second conviction, guilty of a class A misdemeanor; and
5230 (iii) on a third or subsequent conviction, guilty of a third degree felony.
5231 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
5232 amounting to a violation of Section 76-5-207:
5233 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
5234 body any measurable amount of a controlled substance; and
5235 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
5236 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
5237 (h) A person who violates Subsection (2)(g) by having in the person's body:
5238 (i) a controlled substance classified under Schedule I, other than those described in
5239 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
5240 degree felony;
5241 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
5242 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
5243 degree felony; or
5244 (iii) a controlled substance classified under Schedules III, IV, or V is guilty of a class A
5245 misdemeanor.
5246 (i) A person is guilty of a separate offense for each victim suffering serious bodily
5247 injury or death as a result of the person's negligent driving in violation of Subsection(2)(g)
5248 whether or not the injuries arise from the same episode of driving.
5249 (j) The Administrative Office of the Courts shall report to the Division of Occupational
5250 and Professional Licensing the name, case number, date of conviction, and if known, the date
5251 of birth of each person convicted of violating Subsection (2)(a).
5252 (3) Prohibited acts C -- Penalties:
5253 (a) It is unlawful for a person knowingly and intentionally:
5254 (i) to use in the course of the manufacture or distribution of a controlled substance a
5255 license number which is fictitious, revoked, suspended, or issued to another person or, for the
5256 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
5257 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
5258 person;
5259 (ii) to acquire or obtain possession of, to procure or attempt to procure the
5260 administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
5261 attempting to acquire or obtain possession of, or to procure the administration of a controlled
5262 substance by misrepresentation or failure by the person to disclose receiving a controlled
5263 substance from another source, fraud, forgery, deception, subterfuge, alteration of a
5264 prescription or written order for a controlled substance, or the use of a false name or address;
5265 (iii) to make a false or forged prescription or written order for a controlled substance,
5266 or to utter the same, or to alter a prescription or written order issued or written under the terms
5267 of this chapter; or
5268 (iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
5269 print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
5270 device of another or any likeness of any of the foregoing upon any drug or container or labeling
5271 so as to render a drug a counterfeit controlled substance.
5272 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
5273 misdemeanor.
5274 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
5275 degree felony.
5276 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
5277 (4) Prohibited acts D -- Penalties:
5278 (a) Notwithstanding other provisions of this section, a person not authorized under this
5279 chapter who commits any act that is unlawful under Subsection (1)(a) or Section 58-37b-4 is
5280 upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
5281 of fact finds the act is committed:
5282 (i) in a public or private elementary or secondary school or on the grounds of any of
5283 those schools during the hours of 6 a.m. through 10 p.m.;
5284 (ii) in a public or private vocational school or postsecondary institution or on the
5285 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
5286 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
5287 facility's hours of operation;
5288 (iv) in a public park, amusement park, arcade, or recreation center when the public or
5289 amusement park, arcade, or recreation center is open to the public;
5290 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
5291 (vi) in or on the grounds of a library when the library is open to the public;
5292 (vii) within an area that is within 100 feet of any structure, facility, or grounds included
5293 in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
5294 (viii) in the presence of a person younger than 18 years of age, regardless of where the
5295 act occurs; or
5296 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
5297 distribution of a substance in violation of this section to an inmate or on the grounds of a
5298 correctional facility as defined in Section 76-8-311.3.
5299 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
5300 and shall be imprisoned for a term of not less than five years if the penalty that would
5301 otherwise have been established but for this Subsection (4) would have been a first degree
5302 felony.
5303 (ii) Imposition or execution of the sentence may not be suspended, and the person is
5304 not eligible for probation.
5305 (c) If the classification that would otherwise have been established would have been
5306 less than a first degree felony but for this Subsection (4), a person convicted under this
5307 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
5308 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
5309 (d) (i) If the violation is of Subsection (4)(a)(ix):
5310 (A) the person may be sentenced to imprisonment for an indeterminate term as
5311 provided by law, and the court shall additionally sentence the person convicted for a term of
5312 one year to run consecutively and not concurrently; and
5313 (B) the court may additionally sentence the person convicted for an indeterminate term
5314 not to exceed five years to run consecutively and not concurrently; and
5315 (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
5316 the mental state required for the commission of an offense, directly or indirectly solicits,
5317 requests, commands, coerces, encourages, or intentionally aids another person to commit a
5318 violation of Subsection (4)(a)(ix).
5319 (e) It is not a defense to a prosecution under this Subsection (4) that:
5320 (i) the actor mistakenly believed the individual to be 18 years of age or older at the
5321 time of the offense or was unaware of the individual's true age; or
5322 (ii) the actor mistakenly believed that the location where the act occurred was not as
5323 described in Subsection (4)(a) or was unaware that the location where the act occurred was as
5324 described in Subsection (4)(a).
5325 (5) A violation of this chapter for which no penalty is specified is a class B
5326 misdemeanor.
5327 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
5328 guilty or no contest to a violation or attempted violation of this section or a plea which is held
5329 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
5330 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
5331 abeyance agreement.
5332 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
5333 conviction that is:
5334 (i) from a separate criminal episode than the current charge; and
5335 (ii) from a conviction that is separate from any other conviction used to enhance the
5336 current charge.
5337 (7) A person may be charged and sentenced for a violation of this section,
5338 notwithstanding a charge and sentence for a violation of any other section of this chapter.
5339 (8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
5340 of, a civil or administrative penalty or sanction authorized by law.
5341 (b) When a violation of this chapter violates a federal law or the law of another state,
5342 conviction or acquittal under federal law or the law of another state for the same act is a bar to
5343 prosecution in this state.
5344 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
5345 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
5346 substance or substances, is prima facie evidence that the person or persons did so with
5347 knowledge of the character of the substance or substances.
5348 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
5349 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
5350 administering controlled substances or from causing the substances to be administered by an
5351 assistant or orderly under the veterinarian's direction and supervision.
5352 (11) Civil or criminal liability may not be imposed under this section on:
5353 (a) a person registered under this chapter who manufactures, distributes, or possesses
5354 an imitation controlled substance for use as a placebo or investigational new drug by a
5355 registered practitioner in the ordinary course of professional practice or research; or
5356 (b) a law enforcement officer acting in the course and legitimate scope of the officer's
5357 employment.
5358 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
5359 as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
5360 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
5361 as defined in Section 58-37-2.
5362 (b) In a prosecution alleging violation of this section regarding peyote as defined in
5363 Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or transported
5364 by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
5365 traditional Indian religion.
5366 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
5367 defense under this Subsection (12) as soon as practicable, but not later than 10 days before
5368 trial.
5369 (ii) The notice shall include the specific claims of the affirmative defense.
5370 (iii) The court may waive the notice requirement in the interest of justice for good
5371 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
5372 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
5373 a preponderance of the evidence. If the defense is established, it is a complete defense to the
5374 charges.
5375 (13) (a) It is an affirmative defense that the person produced, possessed, or
5376 administered a controlled substance listed in Section 58-37-4.2 if the person was:
5377 (i) engaged in medical research; and
5378 (ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
5379 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
5380 a controlled substance listed in Section 58-37-4.2.
5381 (14) It is an affirmative defense that the person possessed, in the person's body, a
5382 controlled substance listed in Section 58-37-4.2 if:
5383 (a) the person was the subject of medical research conducted by a holder of a valid
5384 license to possess controlled substances under Section 58-37-6; and
5385 (b) the substance was administered to the person by the medical researcher.
5386 (15) The application of any increase in penalty under this section to a violation of
5387 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
5388 Subsection (15) takes precedence over any conflicting provision of this section.
5389 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
5390 listed in Subsection (16)(b) that the person:
5391 (i) reasonably believes that the person or another person is experiencing an overdose
5392 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
5393 controlled substance or other substance;
5394 (ii) reports in good faith the overdose event to a medical provider, an emergency
5395 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
5396 emergency call system, or an emergency dispatch system, or the person is the subject of a
5397 report made under this Subsection (16);
5398 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
5399 actual location of the overdose event that facilitates responding to the person experiencing the
5400 overdose event;
5401 (iv) remains at the location of the person experiencing the overdose event until a
5402 responding law enforcement officer or emergency medical service provider arrives, or remains
5403 at the medical care facility where the person experiencing an overdose event is located until a
5404 responding law enforcement officer arrives;
5405 (v) cooperates with the responding medical provider, emergency medical service
5406 provider, and law enforcement officer, including providing information regarding the person
5407 experiencing the overdose event and any substances the person may have injected, inhaled, or
5408 otherwise introduced into the person's body; and
5409 (vi) is alleged to have committed the offense in the same course of events from which
5410 the reported overdose arose.
5411 (b) The offenses referred to in Subsection (16)(a) are:
5412 (i) the possession or use of less than 16 ounces of marijuana;
5413 (ii) the possession or use of a scheduled or listed controlled substance other than
5414 marijuana; and
5415 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
5416 Imitation Controlled Substances Act.
5417 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
5418 include seeking medical assistance under this section during the course of a law enforcement
5419 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
5420 (17) If any provision of this chapter, or the application of any provision to any person
5421 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
5422 invalid provision or application.
5423 (18) A legislative body of a political subdivision may not enact an ordinance that is
5424 less restrictive than any provision of this chapter.
5425 (19) If a minor who is under 18 years of age is found by a court to have violated this
5426 section, the court may order the minor to complete:
5427 (a) a screening as defined in Section 41-6a-501;
5428 (b) an assessment as defined in Section 41-6a-501 if the screening indicates an
5429 assessment to be appropriate; and
5430 (c) an educational series as defined in Section 41-6a-501 or substance use disorder
5431 treatment as indicated by an assessment.
5432 Section 84. Section 59-2-919 is amended to read:
5433 59-2-919. Notice and public hearing requirements for certain tax increases --
5434 Exceptions.
5435 (1) As used in this section:
5436 (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
5437 generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
5438 (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
5439 revenue from:
5440 (i) eligible new growth as defined in Section 59-2-924; or
5441 (ii) personal property that is:
5442 (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
5443 (B) semiconductor manufacturing equipment.
5444 (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
5445 that begins on January 1 and ends on December 31.
5446 (d) "County executive calendar year taxing entity" means a calendar year taxing entity
5447 that operates under the county executive-council form of government described in Section
5448 17-52a-203.
5449 (e) "Current calendar year" means the calendar year immediately preceding the
5450 calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
5451 calendar year taxing entity's certified tax rate.
5452 (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
5453 begins on July 1 and ends on June 30.
5454 (g) "Last year's property tax budgeted revenue" does not include revenue received by a
5455 taxing entity from a debt service levy voted on by the public.
5456 (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
5457 rate unless the taxing entity meets:
5458 (a) the requirements of this section that apply to the taxing entity; and
5459 (b) all other requirements as may be required by law.
5460 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
5461 year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
5462 rate if the calendar year taxing entity:
5463 (i) 14 or more days before the date of the regular general election or municipal general
5464 election held in the current calendar year, states at a public meeting:
5465 (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
5466 calendar year taxing entity's certified tax rate;
5467 (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
5468 be generated by the proposed increase in the certified tax rate; and
5469 (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
5470 based on the proposed increase described in Subsection (3)(a)(i)(B);
5471 (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
5472 accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
5473 separate item on the meeting agenda that notifies the public that the calendar year taxing entity
5474 intends to make the statement described in Subsection (3)(a)(i);
5475 (iii) meets the advertisement requirements of Subsections (6) and (7) before the
5476 calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
5477 (iv) provides notice by mail:
5478 (A) seven or more days before the regular general election or municipal general
5479 election held in the current calendar year; and
5480 (B) as provided in Subsection (3)(c); and
5481 (v) conducts a public hearing that is held:
5482 (A) in accordance with Subsections (8) and (9); and
5483 (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
5484 (b) (i) For a county executive calendar year taxing entity, the statement described in
5485 Subsection (3)(a)(i) shall be made by the:
5486 (A) county council;
5487 (B) county executive; or
5488 (C) both the county council and county executive.
5489 (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
5490 county council states a dollar amount of additional ad valorem tax revenue that is greater than
5491 the amount of additional ad valorem tax revenue previously stated by the county executive in
5492 accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
5493 (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
5494 county executive calendar year taxing entity conducts the public hearing under Subsection
5495 (3)(a)(v); and
5496 (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
5497 county executive calendar year taxing entity conducts the public hearing required by
5498 Subsection (3)(a)(v).
5499 (c) The notice described in Subsection (3)(a)(iv):
5500 (i) shall be mailed to each owner of property:
5501 (A) within the calendar year taxing entity; and
5502 (B) listed on the assessment roll;
5503 (ii) shall be printed on a separate form that:
5504 (A) is developed by the commission;
5505 (B) states at the top of the form, in bold upper-case type no smaller than 18 point
5506 "NOTICE OF PROPOSED TAX INCREASE"; and
5507 (C) may be mailed with the notice required by Section 59-2-1317;
5508 (iii) shall contain for each property described in Subsection (3)(c)(i):
5509 (A) the value of the property for the current calendar year;
5510 (B) the tax on the property for the current calendar year; and
5511 (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
5512 taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
5513 rate, the estimated tax on the property;
5514 (iv) shall contain the following statement:
5515 "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
5516 year]. This notice contains estimates of the tax on your property and the proposed tax increase
5517 on your property as a result of this tax increase. These estimates are calculated on the basis of
5518 [insert previous applicable calendar year] data. The actual tax on your property and proposed
5519 tax increase on your property may vary from this estimate.";
5520 (v) shall state the date, time, and place of the public hearing described in Subsection
5521 (3)(a)(v); and
5522 (vi) may contain other property tax information approved by the commission.
5523 (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
5524 calculate the estimated tax on property on the basis of:
5525 (i) data for the current calendar year; and
5526 (ii) the amount of additional ad valorem tax revenue stated in accordance with this
5527 section.
5528 (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
5529 that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
5530 (a) provides notice by meeting the advertisement requirements of Subsections (6) and
5531 (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
5532 taxing entity's annual budget is adopted; and
5533 (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
5534 fiscal year taxing entity's annual budget is adopted.
5535 (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
5536 of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
5537 the requirements of this section.
5538 (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
5539 (4) if:
5540 (i) Section 53F-8-301 allows the taxing entity to levy a tax rate that exceeds that
5541 certified tax rate without having to comply with the notice provisions of this section; or
5542 (ii) the taxing entity:
5543 (A) budgeted less than $20,000 in ad valorem tax [
5544 fiscal year; and
5545 (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
5546 [
5547 (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
5548 section shall be published:
5549 (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
5550 general circulation in the taxing entity;
5551 (ii) electronically in accordance with Section 45-1-101; and
5552 (iii) on the Utah Public Notice Website created in Section 63F-1-701.
5553 (b) The advertisement described in Subsection (6)(a)(i) shall:
5554 (i) be no less than 1/4 page in size;
5555 (ii) use type no smaller than 18 point; and
5556 (iii) be surrounded by a 1/4-inch border.
5557 (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
5558 portion of the newspaper where legal notices and classified advertisements appear.
5559 (d) It is the intent of the Legislature that:
5560 (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
5561 newspaper that is published at least one day per week; and
5562 (ii) the newspaper or combination of newspapers selected:
5563 (A) be of general interest and readership in the taxing entity; and
5564 (B) not be of limited subject matter.
5565 (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
5566 (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
5567 before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
5568 and
5569 (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
5570 advertisement, which shall be seven or more days after the day the first advertisement is
5571 published, for the purpose of hearing comments regarding any proposed increase and to explain
5572 the reasons for the proposed increase.
5573 (ii) The advertisement described in Subsection (6)(a)(ii) shall:
5574 (A) be published two weeks before a taxing entity conducts a public hearing described
5575 in Subsection (3)(a)(v) or (4)(b); and
5576 (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
5577 advertisement, which shall be seven or more days after the day the first advertisement is
5578 published, for the purpose of hearing comments regarding any proposed increase and to explain
5579 the reasons for the proposed increase.
5580 (f) If a fiscal year taxing entity's public hearing information is published by the county
5581 auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
5582 requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
5583 the advertisement once during the week before the fiscal year taxing entity conducts a public
5584 hearing at which the taxing entity's annual budget is discussed.
5585 (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
5586 advertisement shall be substantially as follows:
5587
5588
5589 The (name of the taxing entity) is proposing to increase its property tax revenue.
5590 • The (name of the taxing entity) tax on a (insert the average value of a residence
5591 in the taxing entity rounded to the nearest thousand dollars) residence would
5592 increase from $______ to $________, which is $_______ per year.
5593 • The (name of the taxing entity) tax on a (insert the value of a business having
5594 the same value as the average value of a residence in the taxing entity) business
5595 would increase from $________ to $_______, which is $______ per year.
5596 • If the proposed budget is approved, (name of the taxing entity) would increase
5597 its property tax budgeted revenue by ___% above last year's property tax
5598 budgeted revenue excluding eligible new growth.
5599 All concerned citizens are invited to a public hearing on the tax increase.
5600
5601 Date/Time: (date) (time)
5602 Location: (name of meeting place and address of meeting place)
5603 To obtain more information regarding the tax increase, citizens may contact the (name
5604 of the taxing entity) at (phone number of taxing entity)."
5605 (7) The commission:
5606 (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
5607 Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
5608 two or more taxing entities; and
5609 (b) subject to Section 45-1-101, may authorize:
5610 (i) the use of a weekly newspaper:
5611 (A) in a county having both daily and weekly newspapers if the weekly newspaper
5612 would provide equal or greater notice to the taxpayer; and
5613 (B) if the county petitions the commission for the use of the weekly newspaper; or
5614 (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
5615 if:
5616 (A) the cost of the advertisement would cause undue hardship;
5617 (B) the direct notice is different and separate from that provided for in Section
5618 59-2-919.1; and
5619 (C) the taxing entity petitions the commission for the use of a commission approved
5620 direct notice.
5621 (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
5622 legislative body in which the fiscal year taxing entity is located of the date, time, and place of
5623 the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
5624 (B) A county that receives notice from a fiscal year taxing entity under Subsection
5625 (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
5626 of the public hearing described in Subsection (8)(a)(i)(A).
5627 (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
5628 year, notify the county legislative body in which the calendar year taxing entity is located of the
5629 date, time, and place of the first public hearing at which the calendar year taxing entity's annual
5630 budget will be discussed.
5631 (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
5632 (A) open to the public; and
5633 (B) held at a meeting of the taxing entity with no items on the agenda other than
5634 discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
5635 entity's certified tax rate, the taxing entity's budget, a local district's or special service district's
5636 fee implementation or increase, or a combination of these items.
5637 (ii) The governing body of a taxing entity conducting a public hearing described in
5638 Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
5639 opportunity to present oral testimony:
5640 (A) within reasonable time limits; and
5641 (B) without unreasonable restriction on the number of individuals allowed to make
5642 public comment.
5643 (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
5644 public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
5645 of another overlapping taxing entity in the same county.
5646 (ii) The taxing entities in which the power to set tax levies is vested in the same
5647 governing board or authority may consolidate the public hearings described in Subsection
5648 (3)(a)(v) or (4)(b) into one public hearing.
5649 (d) A county legislative body shall resolve any conflict in public hearing dates and
5650 times after consultation with each affected taxing entity.
5651 (e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
5652 (4)(b) beginning at or after 6 p.m.
5653 (ii) If a taxing entity holds a public meeting for the purpose of addressing general
5654 business of the taxing entity on the same date as a public hearing described in Subsection
5655 (3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
5656 the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
5657 (f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
5658 public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
5659 hearing of the taxing entity.
5660 (ii) A taxing entity may hold the following hearings on the same date as a public
5661 hearing described in Subsection (3)(a)(v) or (4)(b):
5662 (A) a budget hearing;
5663 (B) if the taxing entity is a local district or a special service district, a fee hearing
5664 described in Section 17B-1-643;
5665 (C) if the taxing entity is a town, an enterprise fund hearing described in Section
5666 10-5-107.5; or
5667 (D) if the taxing entity is a city, an enterprise fund hearing described in Section
5668 10-6-135.5.
5669 (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
5670 valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
5671 entity shall:
5672 (i) announce at that public hearing the scheduled time and place of the next public
5673 meeting at which the taxing entity will consider budgeting the additional ad valorem tax
5674 revenue; and
5675 (ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
5676 in Subsection (9)(a)(i) before September 1.
5677 (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
5678 of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
5679 tax revenue stated at a public meeting under Subsection (3)(a)(i).
5680 (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
5681 certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
5682 annual budget.
5683 Section 85. Section 59-2-924 is amended to read:
5684 59-2-924. Definitions -- Report of valuation of property to county auditor and
5685 commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax
5686 rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the
5687 commission.
5688 (1) As used in this section:
5689 (a) (i) "Ad valorem property tax revenue" means revenue collected in accordance with
5690 this chapter.
5691 (ii) "Ad valorem property tax revenue" does not include:
5692 (A) interest;
5693 (B) penalties;
5694 (C) collections from redemptions; or
5695 (D) revenue received by a taxing entity from personal property that is semiconductor
5696 manufacturing equipment assessed by a county assessor in accordance with Part 3, County
5697 Assessment.
5698 (b) (i) "Aggregate taxable value of all property taxed" means:
5699 (A) the aggregate taxable value of all real property a county assessor assesses in
5700 accordance with Part 3, County Assessment, for the current year;
5701 (B) the aggregate taxable value of all real and personal property the commission
5702 assesses in accordance with Part 2, Assessment of Property, for the current year; and
5703 (C) the aggregate year end taxable value of all personal property a county assessor
5704 assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls
5705 of the taxing entity.
5706 (ii) "Aggregate taxable value of all property taxed" does not include the aggregate year
5707 end taxable value of personal property that is:
5708 (A) semiconductor manufacturing equipment assessed by a county assessor in
5709 accordance with Part 3, County Assessment; and
5710 (B) contained on the prior year's tax rolls of the taxing entity.
5711 (c) "Centrally assessed benchmark value" means an amount equal to the highest year
5712 end taxable value of real and personal property the commission assesses in accordance with
5713 Part 2, Assessment of Property, for a previous calendar year that begins on or after January 1,
5714 2015, adjusted for taxable value attributable to:
5715 (i) an annexation to a taxing entity; or
5716 (ii) an incorrect allocation of taxable value of real or personal property the commission
5717 assesses in accordance with Part 2, Assessment of Property.
5718 (d) (i) "Centrally assessed new growth" means the greater of:
5719 (A) zero; or
5720 (B) the amount calculated by subtracting the centrally assessed benchmark value
5721 adjusted for prior year end incremental value from the taxable value of real and personal
5722 property the commission assesses in accordance with Part 2, Assessment of Property, for the
5723 current year, adjusted for current year incremental value.
5724 (ii) "Centrally assessed new growth" does not include a change in value as a result of a
5725 change in the method of apportioning the value prescribed by the Legislature, a court, or the
5726 commission in an administrative rule or administrative order.
5727 (e) "Certified tax rate" means a tax rate that will provide the same ad valorem property
5728 tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
5729 (f) "Eligible new growth" means the greater of:
5730 (i) zero; or
5731 (ii) the sum of:
5732 (A) locally assessed new growth;
5733 (B) centrally assessed new growth; and
5734 (C) project area new growth.
5735 (g) "Incremental value" means the same as that term is defined in Section 17C-1-102.
5736 (h) (i) "Locally assessed new growth" means the greater of:
5737 (A) zero; or
5738 (B) the amount calculated by subtracting the year end taxable value of real property the
5739 county assessor assesses in accordance with Part 3, County Assessment, for the previous year,
5740 adjusted for prior year end incremental value from the taxable value of real property the county
5741 assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted
5742 for current year incremental value.
5743 (ii) "Locally assessed new growth" does not include a change in:
5744 (A) value as a result of factoring in accordance with Section 59-2-704, reappraisal, or
5745 another adjustment;
5746 (B) assessed value based on whether a property is allowed a residential exemption for a
5747 primary residence under Section 59-2-103;
5748 (C) assessed value based on whether a property is assessed under Part 5, Farmland
5749 Assessment Act; or
5750 (D) assessed value based on whether a property is assessed under Part 17, Urban
5751 Farming Assessment Act.
5752 (i) "Project area" means the same as that term is defined in Section 17C-1-102.
5753 (j) "Project area new growth" means an amount equal to the incremental value that is
5754 no longer provided to an agency as tax increment.
5755 (2) Before June 1 of each year, the county assessor of each county shall deliver to the
5756 county auditor and the commission the following statements:
5757 (a) a statement containing the aggregate valuation of all taxable real property a county
5758 assessor assesses in accordance with Part 3, County Assessment, for each taxing entity; and
5759 (b) a statement containing the taxable value of all personal property a county assessor
5760 assesses in accordance with Part 3, County Assessment, from the prior year end values.
5761 (3) The county auditor shall, on or before June 8, transmit to the governing body of
5762 each taxing entity:
5763 (a) the statements described in Subsections (2)(a) and (b);
5764 (b) an estimate of the revenue from personal property;
5765 (c) the certified tax rate; and
5766 (d) all forms necessary to submit a tax levy request.
5767 (4) (a) Except as otherwise provided in this section, the certified tax rate shall be
5768 calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the
5769 prior year by the amount calculated under Subsection (4)(b).
5770 (b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall
5771 calculate an amount as follows:
5772 (i) calculate for the taxing entity the difference between:
5773 (A) the aggregate taxable value of all property taxed; and
5774 (B) any adjustments for current year incremental value;
5775 (ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount
5776 determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) by the
5777 average of the percentage net change in the value of taxable property for the equalization
5778 period for the three calendar years immediately preceding the current calendar year;
5779 (iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product
5780 of:
5781 (A) the amount calculated under Subsection (4)(b)(ii); and
5782 (B) the percentage of property taxes collected for the five calendar years immediately
5783 preceding the current calendar year; and
5784 (iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount
5785 determined by:
5786 (A) multiplying the percentage of property taxes collected for the five calendar years
5787 immediately preceding the current calendar year by eligible new growth; and
5788 (B) subtracting the amount calculated under Subsection (4)(b)(iv)(A) from the amount
5789 calculated under Subsection (4)(b)(iii).
5790 (5) A certified tax rate for a taxing entity described in this Subsection (5) shall be
5791 calculated as follows:
5792 (a) except as provided in Subsection (5)(b), for a new taxing entity, the certified tax
5793 rate is zero;
5794 (b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
5795 (i) in a county of the first, second, or third class, the levy imposed for municipal-type
5796 services under Sections 17-34-1 and 17-36-9; and
5797 (ii) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
5798 purposes and such other levies imposed solely for the municipal-type services identified in
5799 Section 17-34-1 and Subsection 17-36-3[
5800 (c) for debt service voted on by the public, the certified tax rate is the actual levy
5801 imposed by that section, except that a certified tax rate for the following levies shall be
5802 calculated in accordance with Section 59-2-913 and this section:
5803 (i) a school levy provided for under Section 53F-8-301, 53F-8-302, or 53F-8-303; and
5804 (ii) a levy to pay for the costs of state legislative mandates or judicial or administrative
5805 orders under Section 59-2-1602.
5806 (6) (a) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 may be
5807 imposed at a rate that is sufficient to generate only the revenue required to satisfy one or more
5808 eligible judgments.
5809 (b) The ad valorem property tax revenue generated by a judgment levy described in
5810 Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax
5811 rate.
5812 (7) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
5813 (i) the taxable value of real property:
5814 (A) the county assessor assesses in accordance with Part 3, County Assessment; and
5815 (B) contained on the assessment roll;
5816 (ii) the year end taxable value of personal property:
5817 (A) a county assessor assesses in accordance with Part 3, County Assessment; and
5818 (B) contained on the prior year's assessment roll; and
5819 (iii) the taxable value of real and personal property the commission assesses in
5820 accordance with Part 2, Assessment of Property.
5821 (b) For purposes of Subsection (7)(a), taxable value does not include eligible new
5822 growth.
5823 (8) (a) On or before June 30, a taxing entity shall annually adopt a tentative budget.
5824 (b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall
5825 notify the county auditor of:
5826 (i) the taxing entity's intent to exceed the certified tax rate; and
5827 (ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
5828 (c) The county auditor shall notify property owners of any intent to levy a tax rate that
5829 exceeds the certified tax rate in accordance with Sections 59-2-919 and 59-2-919.1.
5830 (9) (a) Subject to Subsection (9)(d), the commission shall provide notice, through
5831 electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim
5832 Committee if:
5833 (i) the amount calculated under Subsection (9)(b) is 10% or more of the year end
5834 taxable value of the real and personal property the commission assesses in accordance with
5835 Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental
5836 value; and
5837 (ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end
5838 taxable value of the real and personal property of a taxpayer the commission assesses in
5839 accordance with Part 2, Assessment of Property, for the previous year.
5840 (b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by
5841 subtracting the taxable value of real and personal property the commission assesses in
5842 accordance with Part 2, Assessment of Property, for the current year, adjusted for current year
5843 incremental value, from the year end taxable value of the real and personal property the
5844 commission assesses in accordance with Part 2, Assessment of Property, for the previous year,
5845 adjusted for prior year end incremental value.
5846 (c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by
5847 subtracting the total taxable value of real and personal property of a taxpayer the commission
5848 assesses in accordance with Part 2, Assessment of Property, for the current year, from the total
5849 year end taxable value of the real and personal property of a taxpayer the commission assesses
5850 in accordance with Part 2, Assessment of Property, for the previous year.
5851 (d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet
5852 the requirement under Subsection (9)(a)(ii).
5853 Section 86. Section 59-2-1905 is amended to read:
5854 59-2-1905. Refund.
5855 (1) As used in this section:
5856 (a) "Property taxes and fees due" means:
5857 (i) the taxes due on an active duty claimant or veteran claimant's property:
5858 (A) with respect to which a county grants an exemption under this part; and
5859 (B) for the calendar year for which the county grants an exemption under this part; and
5860 (ii) for a veteran claimant, a uniform fee on tangible personal property described in
5861 Section 59-2-405 that is owned by the veteran claimant and assessed for the calendar year for
5862 which the county grants an exemption under this part.
5863 (b) "Property taxes and fees paid" is an amount equal to the sum of the following:
5864 (i) the amount of property taxes that qualifies for an exemption under this part that the
5865 active duty claimant or the veteran claimant paid for the calendar year for which the active duty
5866 claimant or veteran claimant is applying for an exemption under this part;
5867 (ii) the amount of the exemption the county grants for the calendar year for which the
5868 active duty claimant or veteran claimant is applying for an exemption under this part; and
5869 (iii) for a veteran claimant, the amount of a uniform fee on tangible personal property,
5870 described in Section 59-2-405 and that qualifies for an exemption under this part, that is paid
5871 by the veteran claimant for the calendar year for which the veteran claimant is applying for an
5872 exemption under this part.
5873 (2) A county shall refund to an active duty claimant or a veteran claimant an amount
5874 equal to the amount by which the active duty [
5875 property taxes and fees paid exceed the active duty [
5876 property taxes and fees due, if that amount is $1 or more.
5877 Section 87. Section 59-7-104 is amended to read:
5878 59-7-104. Tax -- Minimum tax.
5879 (1) Each domestic and foreign corporation, except a corporation that is exempt under
5880 Section 59-7-102, shall pay an annual tax to the state based on the corporation's Utah taxable
5881 income for the taxable year for the privilege of exercising the corporation's corporate
5882 franchise[
5883
5884 (2) The tax shall be 4.95% of a corporation's Utah taxable income.
5885 (3) The minimum tax a corporation shall pay under this chapter is $100.
5886 Section 88. Section 59-7-610 is amended to read:
5887 59-7-610. Recycling market development zones tax credits.
5888 (1) Subject to other provisions of this section, a taxpayer that is a business operating in
5889 a recycling market development zone as defined in Section 63N-2-402 may claim the following
5890 nonrefundable tax credits:
5891 (a) a tax credit of 5% of the purchase price paid for machinery and equipment used
5892 directly in:
5893 (i) commercial composting; or
5894 (ii) manufacturing facilities or plant units that:
5895 (A) manufacture, process, compound, or produce recycled items of tangible personal
5896 property for sale; or
5897 (B) reduce or reuse postconsumer waste material; and
5898 (b) a tax credit equal to the lesser of:
5899 (i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
5900 inventory, and utilities made by the taxpayer for establishing and operating recycling or
5901 composting technology in [
5902 (ii) $2,000.
5903 (2) (a) To claim a tax credit described in Subsection (1), the taxpayer shall receive
5904 from the Governor's Office of Economic Development a written certification, on a form
5905 approved by the commission, that includes:
5906 (i) a statement that the taxpayer is operating a business within the boundaries of a
5907 recycling market development zone;
5908 (ii) for [
5909 (A) the type of the machinery and equipment that the taxpayer purchased;
5910 (B) the date that the taxpayer purchased the machinery and equipment;
5911 (C) the purchase price for the machinery and equipment;
5912 (D) the total purchase price for all machinery and equipment for which the taxpayer is
5913 claiming a tax credit;
5914 (E) a statement that the machinery and equipment are integral to the composting or
5915 recycling process; and
5916 (F) the amount of the taxpayer's tax credit; and
5917 (iii) for [
5918 (A) the type of net expenditure that the taxpayer made to a third party;
5919 (B) the date that the taxpayer made the payment to a third party;
5920 (C) the amount that the taxpayer paid to each third party;
5921 (D) the total amount that the taxpayer paid to all third parties;
5922 (E) a statement that the net expenditures support the establishment and operation of
5923 recycling or composting technology in [
5924 (F) the amount of the taxpayer's tax credit.
5925 (b) (i) The Governor's Office of Economic Development shall provide a taxpayer
5926 seeking to claim a tax credit under Subsection (1) with a copy of the written certification.
5927 (ii) The taxpayer shall retain a copy of the written certification for the same period of
5928 time that a person is required to keep books and records under Section 59-1-1406.
5929 (c) The Governor's Office of Economic Development shall submit to the commission
5930 an electronic list that includes:
5931 (i) the name and identifying information of each taxpayer to which the [
5932 Governor's Office of Economic Development issues a written certification; and
5933 (ii) for each taxpayer, the amount of each tax credit listed on the written certification.
5934 (3) A taxpayer may not claim a tax credit under Subsection (1)(a), Subsection (1)(b), or
5935 both that exceeds 40% of the taxpayer's state income tax liability as the tax liability is
5936 calculated:
5937 (a) for the taxable year in which the taxpayer made the purchases or payments;
5938 (b) before any other tax credits the taxpayer may claim for the taxable year; and
5939 (c) before the taxpayer [
5940 (4) The commission shall make rules governing what information a taxpayer shall file
5941 with the commission to verify the entitlement to and amount of a tax credit.
5942 (5) Except as provided in Subsections (6) through (8), a taxpayer may carry forward, to
5943 the next three taxable years, the amount of the tax credit that exceeds the taxpayer's income tax
5944 liability for the taxable year.
5945 (6) A taxpayer may not claim or carry forward a tax credit described in Subsection
5946 (1)(a) in a taxable year during which the taxpayer claims or carries forward a tax credit under
5947 Section 63N-2-213.
5948 (7) A taxpayer may not claim or carry forward a tax credit described in Subsection
5949 (1)(b) in a taxable year during which the taxpayer claims or carries forward a tax credit under
5950 Section 63N-2-213.
5951 (8) A taxpayer may not claim or carry forward a tax credit under this section for a
5952 taxable year during which the taxpayer claims the targeted business income tax credit under
5953 Section 59-7-624.
5954 Section 89. Section 59-7-614.10 is amended to read:
5955 59-7-614.10. Nonrefundable enterprise zone tax credit.
5956 (1) As used in this section:
5957 (a) "Business entity" means a corporation that meets the definition of "business entity"
5958 as that term is defined in Section 63N-2-202.
5959 (b) "Office" means the Governor's Office of Economic Development created in Section
5960 63N-1-201.
5961 (2) Subject to the provisions of this section, a business entity may claim a
5962 nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
5963 (3) The enterprise zone tax credit under this section is the amount listed as the tax
5964 credit amount on the tax credit certificate that the office issues to the business entity for the
5965 taxable year.
5966 (4) A business entity may carry forward a tax credit under this section for a period that
5967 does not exceed the next three taxable years, if the amount of the tax credit exceeds the
5968 business entity's tax liability under this chapter for that taxable year.
5969 (5) A business entity may not claim or carry forward a tax credit [
5970 part for a taxable year during which the business entity has claimed the targeted business
5971 income tax credit [
5972 (6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
5973 Committee shall study the tax credit allowed by this section and make recommendations
5974 concerning whether the tax credit should be continued, modified, or repealed.
5975 (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
5976 this Subsection (6), the office shall provide by electronic means the following information for
5977 each calendar year to the Office of the Legislative Fiscal Analyst:
5978 (A) the amount of tax credits provided in each development zone;
5979 (B) the number of new full-time employee positions reported to obtain tax credits in
5980 each development zone;
5981 (C) the amount of tax credits awarded for rehabilitating a building in each development
5982 zone;
5983 (D) the amount of tax credits awarded for investing in a plant, equipment, or other
5984 depreciable property in each development zone;
5985 (E) the information related to the tax credit contained in the office's latest report under
5986 Section 63N-1-301; and
5987 (F) any other information that the Office of the Legislative Fiscal Analyst requests.
5988 (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
5989 redact information that identifies a recipient of a tax credit under this section.
5990 (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
5991 the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
5992 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
5993 provide the information described in Subsection (6)(b)(i) in the aggregate for all development
5994 zones that receive the tax credit under this section.
5995 (c) As part of the study required by this Subsection (6), the Office of the Legislative
5996 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
5997 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
5998 office under Subsection (6)(b).
5999 (d) The Revenue and Taxation Interim Committee shall ensure that the
6000 recommendations described in Subsection (6)(a) include an evaluation of:
6001 (i) the cost of the tax credit to the state;
6002 (ii) the purpose and effectiveness of the tax credit; and
6003 (iii) the extent to which the state benefits from the tax credit.
6004 Section 90. Section 59-7-624 is amended to read:
6005 59-7-624. Targeted business income tax credit.
6006 (1) As used in this section, "business applicant" means the same as that term is defined
6007 in Section 63N-2-302.
6008 (2) A business applicant that is certified and issued a targeted business income tax
6009 eligibility certificate by the [
6010 Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
6011 business income tax eligibility certificate.
6012 (3) For a taxable year for which a business applicant claims a targeted business income
6013 tax credit [
6014 tax credit [
6015 Part 2, Enterprise Zone Act.
6016 Section 91. Section 59-10-136 is amended to read:
6017 59-10-136. Domicile -- Temporary absence from state.
6018 (1) (a) An individual is considered to have domicile in this state if:
6019 (i) except as provided in Subsection (1)(b), a dependent with respect to whom the
6020 individual or the individual's spouse claims a personal exemption or a tax credit under Section
6021 24, Internal Revenue Code, on the individual's or individual's spouse's federal individual
6022 income tax return is enrolled in a public kindergarten, public elementary school, or public
6023 secondary school in this state; or
6024 (ii) the individual or the individual's spouse is a resident student in accordance with
6025 Section 53B-8-102 who is enrolled in an institution of higher education described in Section
6026 53B-2-101 in this state.
6027 (b) The determination of whether an individual is considered to have domicile in this
6028 state may not be determined in accordance with Subsection (1)(a)(i) if the individual:
6029 (i) is the noncustodial parent of a dependent:
6030 (A) with respect to whom the individual claims a personal exemption or a tax credit
6031 under Section 24, Internal Revenue Code, on the individual's federal individual income tax
6032 return; and
6033 (B) who is enrolled in a public kindergarten, public elementary school, or public
6034 secondary school in this state; and
6035 (ii) is divorced from the custodial parent of the dependent described in Subsection
6036 (1)(b)(i).
6037 (2) There is a rebuttable presumption that an individual is considered to have domicile
6038 in this state if:
6039 (a) the individual or the individual's spouse claims a residential exemption in
6040 accordance with Chapter 2, Property Tax Act, for that individual's or individual's spouse's
6041 primary residence;
6042 (b) the individual or the individual's spouse:
6043 (i) votes in this state in a regular general election, municipal general election, primary
6044 election, or special election during the taxable year; and
6045 (ii) has not registered to vote in another state in that taxable year; or
6046 (c) the individual or the individual's spouse asserts residency in this state for purposes
6047 of filing an individual income tax return under this chapter, including asserting that the
6048 individual or the individual's spouse is a part-year resident of this state for the portion of the
6049 taxable year for which the individual or the individual's spouse is a resident of this state.
6050 (3) (a) Subject to Subsection (3)(b), if the requirements of Subsection (1) or (2) are not
6051 met for an individual to be considered to have domicile in this state, the individual is
6052 considered to have domicile in this state if:
6053 (i) the individual or the individual's spouse has a permanent home in this state to which
6054 the individual or the individual's spouse intends to return after being absent; and
6055 (ii) the individual or the individual's spouse has voluntarily fixed the individual's or the
6056 individual's spouse's habitation in this state, not for a special or temporary purpose, but with the
6057 intent of making a permanent home.
6058 (b) The determination of whether an individual is considered to have domicile in this
6059 state under Subsection (3)(a) shall be based on the preponderance of the evidence, taking into
6060 consideration the totality of the following facts and circumstances:
6061 (i) whether the individual or the individual's spouse has a driver license in this state;
6062 (ii) whether a dependent with respect to whom the individual or the individual's spouse
6063 claims a personal exemption or a tax credit under Section 24, Internal Revenue Code, on the
6064 individual's or individual's spouse's federal individual income tax return is a resident student in
6065 accordance with Section 53B-8-102 who is enrolled in an institution of higher education
6066 described in Section 53B-2-101 in this state;
6067 (iii) the nature and quality of the living accommodations that the individual or the
6068 individual's spouse has in this state as compared to another state;
6069 (iv) the presence in this state of a spouse or dependent with respect to whom the
6070 individual or the individual's spouse claims a personal exemption or a tax credit under Section
6071 24, Internal Revenue Code, on the individual's or individual's spouse's federal individual
6072 income tax return;
6073 (v) the physical location in which earned income as defined in Section 32(c)(2),
6074 Internal Revenue Code, is earned by the individual or the individual's spouse;
6075 (vi) the state of registration of a vehicle as defined in Section 59-12-102 owned or
6076 leased by the individual or the individual's spouse;
6077 (vii) whether the individual or the individual's spouse is a member of a church, a club,
6078 or another similar organization in this state;
6079 (viii) whether the individual or the individual's spouse lists an address in this state on
6080 mail, a telephone listing, a listing in an official government publication, other correspondence,
6081 or another similar item;
6082 (ix) whether the individual or the individual's spouse lists an address in this state on a
6083 state or federal tax return;
6084 (x) whether the individual or the individual's spouse asserts residency in this state on a
6085 document, other than an individual income tax return filed under this chapter, filed with or
6086 provided to a court or other governmental entity;
6087 (xi) the failure of an individual or the individual's spouse to obtain a permit or license
6088 normally required of a resident of the state for which the individual or the individual's spouse
6089 asserts to have domicile; [
6090 (xii) whether the individual is an individual described in Subsection (1)(b);
6091 (xiii) whether the individual:
6092 (A) maintains a place of abode in the state; and
6093 (B) spends in the aggregate 183 or more days of the taxable year in the state; or
6094 (xiv) whether the individual or the individual's spouse:
6095 (A) did not vote in this state in a regular general election, municipal general election,
6096 primary election, or special election during the taxable year, but voted in the state in a general
6097 election, municipal general election, primary election, or special election during any of the
6098 three taxable years prior to that taxable year; and
6099 (B) has not registered to vote in another state during a taxable year described in
6100 Subsection (3)(b)(xiv)(A).
6101 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
6102 for purposes of Subsection (3)(b)(xiii), the commission may by rule define what constitutes
6103 spending a day of the taxable year in the state.
6104 (4) (a) Notwithstanding Subsections (1) through (3) and subject to the other provisions
6105 of this Subsection (4), an individual is not considered to have domicile in this state if the
6106 individual meets the following qualifications:
6107 (i) except as provided in Subsection (4)(a)(ii)(A), the individual and the individual's
6108 spouse are absent from the state for at least 761 consecutive days; and
6109 (ii) during the time period described in Subsection (4)(a)(i), neither the individual nor
6110 the individual's spouse:
6111 (A) return to this state for more than 30 days in a calendar year;
6112 (B) claim a personal exemption or a tax credit under Section 24, Internal Revenue
6113 Code, on the individual's or individual's spouse's federal individual income tax return with
6114 respect to a dependent who is enrolled in a public kindergarten, public elementary school, or
6115 public secondary school in this state, unless the individual is an individual described in
6116 Subsection (1)(b);
6117 (C) are resident students in accordance with Section 53B-8-102 who are enrolled in an
6118 institution of higher education described in Section 53B-2-101 in this state;
6119 (D) claim a residential exemption in accordance with Chapter 2, Property Tax Act, for
6120 that individual's or individual's spouse's primary residence; or
6121 (E) assert that this state is the individual's or the individual's spouse's tax home for
6122 federal individual income tax purposes.
6123 (b) Notwithstanding Subsection (4)(a), an individual that meets the qualifications of
6124 Subsection (4)(a) to not be considered to have domicile in this state may elect to be considered
6125 to have domicile in this state by filing an individual income tax return in this state as a resident
6126 individual.
6127 (c) For purposes of Subsection (4)(a), an absence from the state:
6128 (i) begins on the later of the date:
6129 (A) the individual leaves this state; or
6130 (B) the individual's spouse leaves this state; and
6131 (ii) ends on the date the individual or the individual's spouse returns to this state if the
6132 individual or the individual's spouse remains in this state for more than 30 days in a calendar
6133 year.
6134 (d) An individual shall file an individual income tax return or amended individual
6135 income tax return under this chapter and pay any applicable interest imposed under Section
6136 59-1-402 if:
6137 (i) the individual did not file an individual income tax return or amended individual
6138 income tax return under this chapter based on the individual's belief that the individual has met
6139 the qualifications of Subsection (4)(a) to not be considered to have domicile in this state; and
6140 (ii) the individual or the individual's spouse fails to meet a qualification of Subsection
6141 (4)(a) to not be considered to have domicile in this state.
6142 (e) (i) Except as provided in Subsection (4)(e)(ii), an individual that files an individual
6143 income tax return or amended individual income tax return under Subsection (4)(d) shall pay
6144 any applicable penalty imposed under Section 59-1-401.
6145 (ii) The commission shall waive the penalties under Subsections 59-1-401(2), (3), and
6146 (5) if an individual who is required by Subsection (4)(d) to file an individual income tax return
6147 or amended individual income tax return under this chapter:
6148 (A) files the individual income tax return or amended individual income tax return
6149 within 105 days after the individual fails to meet a qualification of Subsection (4)(a) to not be
6150 considered to have domicile in this state; and
6151 (B) within the 105-day period described in Subsection (4)(e)(ii)(A), pays in full the tax
6152 due on the return, any interest imposed under Section 59-1-402, and any applicable penalty
6153 imposed under Section 59-1-401, except for a penalty under Subsection 59-1-401(2), (3), or
6154 (5).
6155 (5) Notwithstanding Subsections (2) and (3), for individuals who are spouses for
6156 purposes of this section and one of the spouses has domicile under this section, the other
6157 spouse is not considered to have domicile in this state under Subsection (2) or (3) if one of the
6158 spouses establishes by a preponderance of the evidence that, during the taxable year and for
6159 three taxable years prior to that taxable year, that other spouse:
6160 (a) is not an owner of property in this state;
6161 (b) does not return to this state for more than 30 days in a calendar year;
6162 (c) has not received earned income as defined in Section 32(c)(2), Internal Revenue
6163 Code, in this state;
6164 (d) has not voted in this state in a regular general election, municipal general election,
6165 primary election, or special election; and
6166 (e) does not have a driver license in this state.
6167 (6) (a) Except as provided in Subsection (5), an individual is considered to have
6168 domicile in this state in accordance with this section, the individual's spouse is considered to
6169 have domicile in this state.
6170 (b) For purposes of this section, an individual is not considered to have a spouse if:
6171 (i) the individual is legally separated or divorced from the spouse; or
6172 (ii) the individual and the individual's spouse claim married filing separately filing
6173 status for purposes of filing a federal individual income tax return for the taxable year.
6174 (c) Except as provided in Subsection (6)(b)(ii), for purposes of this section, an
6175 individual's filing status on a federal individual income tax return or a return filed under this
6176 chapter may not be considered in determining whether an individual has a spouse.
6177 (7) For purposes of this section, whether or not an individual or the individual's spouse
6178 claims a property tax residential exemption under Chapter 2, Property Tax Act, for the
6179 residential property that is the primary residence of a tenant of the individual or the individual's
6180 spouse may not be considered in determining domicile in this state.
6181 Section 92. Section 59-10-1007 is amended to read:
6182 59-10-1007. Recycling market development zones tax credits.
6183 (1) Subject to other provisions of this section, a claimant, estate, or trust in a recycling
6184 market development zone as defined in Section 63N-2-402 may claim the following
6185 nonrefundable tax credits:
6186 (a) a tax credit of 5% of the purchase price paid for machinery and equipment used
6187 directly in:
6188 (i) commercial composting; or
6189 (ii) manufacturing facilities or plant units that:
6190 (A) manufacture, process, compound, or produce recycled items of tangible personal
6191 property for sale; or
6192 (B) reduce or reuse postconsumer waste material; and
6193 (b) a tax credit equal to the lesser of:
6194 (i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
6195 inventory, and utilities made by the claimant, estate, or trust for establishing and operating
6196 recycling or composting technology in [
6197 (ii) $2,000.
6198 (2) (a) To claim a tax credit described in Subsection (1), the claimant, estate, or trust
6199 shall receive from the Governor's Office of Economic Development a written certification, on a
6200 form approved by the commission, that includes:
6201 (i) a statement that the claimant, estate, or trust is operating within the boundaries of a
6202 recycling market development zone;
6203 (ii) for [
6204 (A) the type of the machinery and equipment that the claimant, estate, or trust
6205 purchased;
6206 (B) the date that the claimant, estate, or trust purchased the machinery and equipment;
6207 (C) the purchase price for the machinery and equipment;
6208 (D) the total purchase price for all machinery and equipment for which the claimant,
6209 estate, or trust is claiming a tax credit;
6210 (E) the amount of the claimant's, estate's, or trust's tax credit; and
6211 (F) a statement that the machinery and equipment are integral to the composting or
6212 recycling process; and
6213 (iii) for [
6214 (A) the type of net expenditure that the claimant, estate, or trust made to a third party;
6215 (B) the date that the claimant, estate, or trust made the payment to a third party;
6216 (C) the amount that the claimant, estate, or trust paid to each third party;
6217 (D) the total amount that the claimant, estate, or trust paid to all third parties;
6218 (E) a statement that the net expenditures support the establishment and operation of
6219 recycling or composting technology in [
6220 (F) the amount of the claimant's, estate's, or trust's tax credit.
6221 (b) (i) The Governor's Office of Economic Development shall provide a claimant,
6222 estate, or trust seeking to claim a tax credit under Subsection (1) with a copy of the written
6223 certification.
6224 (ii) The claimant, estate, or trust shall retain a copy of the written certification for the
6225 same period of time that a person is required to keep books and records under Section
6226 59-1-1406.
6227 (c) The Governor's Office of Economic Development shall submit to the commission
6228 an electronic list that includes:
6229 (i) the name and identifying information of each claimant, estate, or trust to which the
6230 [
6231 (ii) for each claimant, estate, or trust, the amount of each tax credit listed on the written
6232 certification.
6233 (3) A claimant, estate, or trust may not claim a tax credit under Subsection (1)(a),
6234 Subsection (1)(b), or both that exceeds 40% of the claimant's, estate's, or trust's state income
6235 tax liability as the tax liability is calculated:
6236 (a) for the taxable year in which the claimant, estate, or trust made the purchases or
6237 payments;
6238 (b) before any other tax credits the claimant, estate, or trust may claim for the taxable
6239 year; and
6240 (c) before the claimant, estate, or trust [
6241 section.
6242 (4) The commission shall make rules governing what information a claimant, estate, or
6243 trust shall file with the commission to verify the entitlement to and amount of a tax credit.
6244 (5) Except as provided in Subsections (6) through (8), a claimant, estate, or trust may
6245 carry forward, to the next three taxable years, the amount of the tax credit that exceeds the
6246 taxpayer's income tax liability for the taxable year.
6247 (6) A claimant, estate, or trust may not claim or carry forward a tax credit described in
6248 Subsection (1)(a) in a taxable year during which the claimant, estate, or trust claims or carries
6249 forward a tax credit under Section 63N-2-213.
6250 (7) A claimant, estate, or trust may not claim a tax credit described in Subsection (1)(b)
6251 in a taxable year during which the claimant, estate, or trust claims or carries forward a tax
6252 credit under Section 63N-2-213.
6253 (8) A claimant, estate, or trust may not claim or carry forward a tax credit [
6254 under this section for a taxable year during which the claimant, estate, or trust claims the
6255 targeted business income tax credit under Section 59-10-1112.
6256 Section 93. Section 59-10-1037 is amended to read:
6257 59-10-1037. Nonrefundable enterprise zone tax credit.
6258 (1) As used in this section:
6259 (a) "Business entity" means a claimant, estate, or trust that meets the definition of
6260 "business entity" as that term is defined in Section 63N-2-202.
6261 (b) "Office" means the Governor's Office of Economic Development created in Section
6262 63N-1-201.
6263 (2) Subject to the provisions of this section, a business entity may claim a
6264 nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
6265 (3) The enterprise zone tax credit under this section is the amount listed as the tax
6266 credit amount on the tax credit certificate that the office issues to the business entity for the
6267 taxable year.
6268 (4) A business entity may carry forward a tax credit under this section for a period that
6269 does not exceed the next three taxable years, if the amount of the tax credit exceeds the
6270 business entity's tax liability under this chapter for that taxable year.
6271 (5) A business entity may not claim or carry forward a tax credit [
6272 part for a taxable year during which the business entity has claimed the targeted business
6273 income tax credit [
6274 (6) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
6275 Committee shall study the tax credit allowed by this section and make recommendations
6276 concerning whether the tax credit should be continued, modified, or repealed.
6277 (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
6278 this Subsection (6), the office shall provide by electronic means the following information, if
6279 available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
6280 (A) the amount of tax credits provided in each development zone;
6281 (B) the number of new full-time employee positions reported to obtain tax credits in
6282 each development zone;
6283 (C) the amount of tax credits awarded for rehabilitating a building in each development
6284 zone;
6285 (D) the amount of tax credits awarded for investing in a plant, equipment, or other
6286 depreciable property in each development zone;
6287 (E) the information related to the tax credit contained in the office's latest report under
6288 Section 63N-1-301; and
6289 (F) other information that the Office of the Legislative Fiscal Analyst requests.
6290 (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
6291 redact information that identifies a recipient of a tax credit under this section.
6292 (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
6293 the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
6294 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
6295 provide the information described in Subsection (6)(b)(i) in the aggregate for all development
6296 zones that receive the tax credit under this section.
6297 (c) As part of the study required by this Subsection (6), the Office of the Legislative
6298 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
6299 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
6300 office under Subsection (6)(b).
6301 (d) The Revenue and Taxation Interim Committee shall ensure that the
6302 recommendations described in Subsection (6)(a) include an evaluation of:
6303 (i) the cost of the tax credit to the state;
6304 (ii) the purpose and effectiveness of the tax credit; and
6305 (iii) the extent to which the state benefits from the tax credit.
6306 Section 94. Section 59-10-1112 is amended to read:
6307 59-10-1112. Targeted business income tax credit.
6308 (1) As used in this section, "business applicant" means the same as that term is defined
6309 in Section 63N-2-302.
6310 (2) A business applicant that is certified and issued a targeted business income tax
6311 eligibility certificate by the [
6312 Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
6313 business income tax eligibility certificate.
6314 (3) For a taxable year for which a business applicant claims a targeted business income
6315 tax credit [
6316 tax credit [
6317 Part 2, Enterprise Zone Act.
6318 Section 95. Section 59-12-102 is amended to read:
6319 59-12-102. Definitions.
6320 As used in this chapter:
6321 (1) "800 service" means a telecommunications service that:
6322 (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
6323 (b) is typically marketed:
6324 (i) under the name 800 toll-free calling;
6325 (ii) under the name 855 toll-free calling;
6326 (iii) under the name 866 toll-free calling;
6327 (iv) under the name 877 toll-free calling;
6328 (v) under the name 888 toll-free calling; or
6329 (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
6330 Federal Communications Commission.
6331 (2) (a) "900 service" means an inbound toll telecommunications service that:
6332 (i) a subscriber purchases;
6333 (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
6334 the subscriber's:
6335 (A) prerecorded announcement; or
6336 (B) live service; and
6337 (iii) is typically marketed:
6338 (A) under the name 900 service; or
6339 (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
6340 Communications Commission.
6341 (b) "900 service" does not include a charge for:
6342 (i) a collection service a seller of a telecommunications service provides to a
6343 subscriber; or
6344 (ii) the following a subscriber sells to the subscriber's customer:
6345 (A) a product; or
6346 (B) a service.
6347 (3) (a) "Admission or user fees" includes season passes.
6348 (b) "Admission or user fees" does not include annual membership dues to private
6349 organizations.
6350 (4) "Affiliate" or "affiliated person" means a person that, with respect to another
6351 person:
6352 (a) has an ownership interest of more than 5%, whether direct or indirect, in that other
6353 person; or
6354 (b) is related to the other person because a third person, or a group of third persons who
6355 are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
6356 whether direct or indirect, in the related persons.
6357 (5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
6358 November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
6359 Agreement after November 12, 2002.
6360 (6) "Agreement combined tax rate" means the sum of the tax rates:
6361 (a) listed under Subsection (7); and
6362 (b) that are imposed within a local taxing jurisdiction.
6363 (7) "Agreement sales and use tax" means a tax imposed under:
6364 (a) Subsection 59-12-103(2)(a)(i)(A);
6365 (b) Subsection 59-12-103(2)(b)(i);
6366 (c) Subsection 59-12-103(2)(c)(i);
6367 (d) Subsection 59-12-103(2)(d)(i)(A)(I);
6368 (e) Section 59-12-204;
6369 (f) Section 59-12-401;
6370 (g) Section 59-12-402;
6371 (h) Section 59-12-402.1;
6372 (i) Section 59-12-703;
6373 (j) Section 59-12-802;
6374 (k) Section 59-12-804;
6375 (l) Section 59-12-1102;
6376 (m) Section 59-12-1302;
6377 (n) Section 59-12-1402;
6378 (o) Section 59-12-1802;
6379 (p) Section 59-12-2003;
6380 (q) Section 59-12-2103;
6381 (r) Section 59-12-2213;
6382 (s) Section 59-12-2214;
6383 (t) Section 59-12-2215;
6384 (u) Section 59-12-2216;
6385 (v) Section 59-12-2217;
6386 (w) Section 59-12-2218;
6387 (x) Section 59-12-2219; or
6388 (y) Section 59-12-2220.
6389 (8) "Aircraft" means the same as that term is defined in Section 72-10-102.
6390 (9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
6391 (a) except for:
6392 (i) an airline as defined in Section 59-2-102; or
6393 (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
6394 includes a corporation that is qualified to do business but is not otherwise doing business in the
6395 state, of an airline; and
6396 (b) that has the workers, expertise, and facilities to perform the following, regardless of
6397 whether the business entity performs the following in this state:
6398 (i) check, diagnose, overhaul, and repair:
6399 (A) an onboard system of a fixed wing turbine powered aircraft; and
6400 (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
6401 (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
6402 engine;
6403 (iii) perform at least the following maintenance on a fixed wing turbine powered
6404 aircraft:
6405 (A) an inspection;
6406 (B) a repair, including a structural repair or modification;
6407 (C) changing landing gear; and
6408 (D) addressing issues related to an aging fixed wing turbine powered aircraft;
6409 (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
6410 completely apply new paint to the fixed wing turbine powered aircraft; and
6411 (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
6412 results in a change in the fixed wing turbine powered aircraft's certification requirements by the
6413 authority that certifies the fixed wing turbine powered aircraft.
6414 (10) "Alcoholic beverage" means a beverage that:
6415 (a) is suitable for human consumption; and
6416 (b) contains .5% or more alcohol by volume.
6417 (11) "Alternative energy" means:
6418 (a) biomass energy;
6419 (b) geothermal energy;
6420 (c) hydroelectric energy;
6421 (d) solar energy;
6422 (e) wind energy; or
6423 (f) energy that is derived from:
6424 (i) coal-to-liquids;
6425 (ii) nuclear fuel;
6426 (iii) oil-impregnated diatomaceous earth;
6427 (iv) oil sands;
6428 (v) oil shale;
6429 (vi) petroleum coke; or
6430 (vii) waste heat from:
6431 (A) an industrial facility; or
6432 (B) a power station in which an electric generator is driven through a process in which
6433 water is heated, turns into steam, and spins a steam turbine.
6434 (12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
6435 facility" means a facility that:
6436 (i) uses alternative energy to produce electricity; and
6437 (ii) has a production capacity of two megawatts or greater.
6438 (b) A facility is an alternative energy electricity production facility regardless of
6439 whether the facility is:
6440 (i) connected to an electric grid; or
6441 (ii) located on the premises of an electricity consumer.
6442 (13) (a) "Ancillary service" means a service associated with, or incidental to, the
6443 provision of telecommunications service.
6444 (b) "Ancillary service" includes:
6445 (i) a conference bridging service;
6446 (ii) a detailed communications billing service;
6447 (iii) directory assistance;
6448 (iv) a vertical service; or
6449 (v) a voice mail service.
6450 (14) "Area agency on aging" means the same as that term is defined in Section
6451 62A-3-101.
6452 (15) "Assisted amusement device" means an amusement device, skill device, or ride
6453 device that is started and stopped by an individual:
6454 (a) who is not the purchaser or renter of the right to use or operate the amusement
6455 device, skill device, or ride device; and
6456 (b) at the direction of the seller of the right to use the amusement device, skill device,
6457 or ride device.
6458 (16) "Assisted cleaning or washing of tangible personal property" means cleaning or
6459 washing of tangible personal property if the cleaning or washing labor is primarily performed
6460 by an individual:
6461 (a) who is not the purchaser of the cleaning or washing of the tangible personal
6462 property; and
6463 (b) at the direction of the seller of the cleaning or washing of the tangible personal
6464 property.
6465 (17) "Authorized carrier" means:
6466 (a) in the case of vehicles operated over public highways, the holder of credentials
6467 indicating that the vehicle is or will be operated pursuant to both the International Registration
6468 Plan and the International Fuel Tax Agreement;
6469 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
6470 certificate or air carrier's operating certificate; or
6471 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
6472 stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
6473 stock in more than one state.
6474 (18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
6475 following that is used as the primary source of energy to produce fuel or electricity:
6476 (i) material from a plant or tree; or
6477 (ii) other organic matter that is available on a renewable basis, including:
6478 (A) slash and brush from forests and woodlands;
6479 (B) animal waste;
6480 (C) waste vegetable oil;
6481 (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
6482 wastewater residuals, or through the conversion of a waste material through a nonincineration,
6483 thermal conversion process;
6484 (E) aquatic plants; and
6485 (F) agricultural products.
6486 (b) "Biomass energy" does not include:
6487 (i) black liquor; or
6488 (ii) treated woods.
6489 (19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
6490 property, products, or services if the tangible personal property, products, or services are:
6491 (i) distinct and identifiable; and
6492 (ii) sold for one nonitemized price.
6493 (b) "Bundled transaction" does not include:
6494 (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
6495 the basis of the selection by the purchaser of the items of tangible personal property included in
6496 the transaction;
6497 (ii) the sale of real property;
6498 (iii) the sale of services to real property;
6499 (iv) the retail sale of tangible personal property and a service if:
6500 (A) the tangible personal property:
6501 (I) is essential to the use of the service; and
6502 (II) is provided exclusively in connection with the service; and
6503 (B) the service is the true object of the transaction;
6504 (v) the retail sale of two services if:
6505 (A) one service is provided that is essential to the use or receipt of a second service;
6506 (B) the first service is provided exclusively in connection with the second service; and
6507 (C) the second service is the true object of the transaction;
6508 (vi) a transaction that includes tangible personal property or a product subject to
6509 taxation under this chapter and tangible personal property or a product that is not subject to
6510 taxation under this chapter if the:
6511 (A) seller's purchase price of the tangible personal property or product subject to
6512 taxation under this chapter is de minimis; or
6513 (B) seller's sales price of the tangible personal property or product subject to taxation
6514 under this chapter is de minimis; and
6515 (vii) the retail sale of tangible personal property that is not subject to taxation under
6516 this chapter and tangible personal property that is subject to taxation under this chapter if:
6517 (A) that retail sale includes:
6518 (I) food and food ingredients;
6519 (II) a drug;
6520 (III) durable medical equipment;
6521 (IV) mobility enhancing equipment;
6522 (V) an over-the-counter drug;
6523 (VI) a prosthetic device; or
6524 (VII) a medical supply; and
6525 (B) subject to Subsection (19)(f):
6526 (I) the seller's purchase price of the tangible personal property subject to taxation under
6527 this chapter is 50% or less of the seller's total purchase price of that retail sale; or
6528 (II) the seller's sales price of the tangible personal property subject to taxation under
6529 this chapter is 50% or less of the seller's total sales price of that retail sale.
6530 (c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
6531 service that is distinct and identifiable does not include:
6532 (A) packaging that:
6533 (I) accompanies the sale of the tangible personal property, product, or service; and
6534 (II) is incidental or immaterial to the sale of the tangible personal property, product, or
6535 service;
6536 (B) tangible personal property, a product, or a service provided free of charge with the
6537 purchase of another item of tangible personal property, a product, or a service; or
6538 (C) an item of tangible personal property, a product, or a service included in the
6539 definition of "purchase price."
6540 (ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
6541 product, or a service is provided free of charge with the purchase of another item of tangible
6542 personal property, a product, or a service if the sales price of the purchased item of tangible
6543 personal property, product, or service does not vary depending on the inclusion of the tangible
6544 personal property, product, or service provided free of charge.
6545 (d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
6546 does not include a price that is separately identified by tangible personal property, product, or
6547 service on the following, regardless of whether the following is in paper format or electronic
6548 format:
6549 (A) a binding sales document; or
6550 (B) another supporting sales-related document that is available to a purchaser.
6551 (ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
6552 supporting sales-related document that is available to a purchaser includes:
6553 (A) a bill of sale;
6554 (B) a contract;
6555 (C) an invoice;
6556 (D) a lease agreement;
6557 (E) a periodic notice of rates and services;
6558 (F) a price list;
6559 (G) a rate card;
6560 (H) a receipt; or
6561 (I) a service agreement.
6562 (e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
6563 property or a product subject to taxation under this chapter is de minimis if:
6564 (A) the seller's purchase price of the tangible personal property or product is 10% or
6565 less of the seller's total purchase price of the bundled transaction; or
6566 (B) the seller's sales price of the tangible personal property or product is 10% or less of
6567 the seller's total sales price of the bundled transaction.
6568 (ii) For purposes of Subsection (19)(b)(vi), a seller:
6569 (A) shall use the seller's purchase price or the seller's sales price to determine if the
6570 purchase price or sales price of the tangible personal property or product subject to taxation
6571 under this chapter is de minimis; and
6572 (B) may not use a combination of the seller's purchase price and the seller's sales price
6573 to determine if the purchase price or sales price of the tangible personal property or product
6574 subject to taxation under this chapter is de minimis.
6575 (iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
6576 contract to determine if the sales price of tangible personal property or a product is de minimis.
6577 (f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
6578 the seller's purchase price and the seller's sales price to determine if tangible personal property
6579 subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
6580 price of that retail sale.
6581 (20) "Certified automated system" means software certified by the governing board of
6582 the agreement that:
6583 (a) calculates the agreement sales and use tax imposed within a local taxing
6584 jurisdiction:
6585 (i) on a transaction; and
6586 (ii) in the states that are members of the agreement;
6587 (b) determines the amount of agreement sales and use tax to remit to a state that is a
6588 member of the agreement; and
6589 (c) maintains a record of the transaction described in Subsection (20)(a)(i).
6590 (21) "Certified service provider" means an agent certified:
6591 (a) by the governing board of the agreement; and
6592 (b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
6593 as outlined in the contract between the governing board of the agreement and the certified
6594 service provider, other than the seller's obligation under Section 59-12-124 to remit a tax on the
6595 seller's own purchases.
6596 (22) (a) Subject to Subsection (22)(b), "clothing" means all human wearing apparel
6597 suitable for general use.
6598 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6599 commission shall make rules:
6600 (i) listing the items that constitute "clothing"; and
6601 (ii) that are consistent with the list of items that constitute "clothing" under the
6602 agreement.
6603 (23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
6604 (24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
6605 fuels that does not constitute industrial use under Subsection (57) or residential use under
6606 Subsection (111).
6607 (25) (a) "Common carrier" means a person engaged in or transacting the business of
6608 transporting passengers, freight, merchandise, or other property for hire within this state.
6609 (b) (i) "Common carrier" does not include a person that, at the time the person is
6610 traveling to or from that person's place of employment, transports a passenger to or from the
6611 passenger's place of employment.
6612 (ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,
6613 Utah Administrative Rulemaking Act, the commission may make rules defining what
6614 constitutes a person's place of employment.
6615 (c) "Common carrier" does not include a person that provides transportation network
6616 services, as defined in Section 13-51-102.
6617 (26) "Component part" includes:
6618 (a) poultry, dairy, and other livestock feed, and their components;
6619 (b) baling ties and twine used in the baling of hay and straw;
6620 (c) fuel used for providing temperature control of orchards and commercial
6621 greenhouses doing a majority of their business in wholesale sales, and for providing power for
6622 off-highway type farm machinery; and
6623 (d) feed, seeds, and seedlings.
6624 (27) "Computer" means an electronic device that accepts information:
6625 (a) (i) in digital form; or
6626 (ii) in a form similar to digital form; and
6627 (b) manipulates that information for a result based on a sequence of instructions.
6628 (28) "Computer software" means a set of coded instructions designed to cause:
6629 (a) a computer to perform a task; or
6630 (b) automatic data processing equipment to perform a task.
6631 (29) "Computer software maintenance contract" means a contract that obligates a seller
6632 of computer software to provide a customer with:
6633 (a) future updates or upgrades to computer software;
6634 (b) support services with respect to computer software; or
6635 (c) a combination of Subsections (29)(a) and (b).
6636 (30) (a) "Conference bridging service" means an ancillary service that links two or
6637 more participants of an audio conference call or video conference call.
6638 (b) "Conference bridging service" may include providing a telephone number as part of
6639 the ancillary service described in Subsection (30)(a).
6640 (c) "Conference bridging service" does not include a telecommunications service used
6641 to reach the ancillary service described in Subsection (30)(a).
6642 (31) "Construction materials" means any tangible personal property that will be
6643 converted into real property.
6644 (32) "Delivered electronically" means delivered to a purchaser by means other than
6645 tangible storage media.
6646 (33) (a) "Delivery charge" means a charge:
6647 (i) by a seller of:
6648 (A) tangible personal property;
6649 (B) a product transferred electronically; or
6650 (C) a service; and
6651 (ii) for preparation and delivery of the tangible personal property, product transferred
6652 electronically, or services described in Subsection (33)(a)(i) to a location designated by the
6653 purchaser.
6654 (b) "Delivery charge" includes a charge for the following:
6655 (i) transportation;
6656 (ii) shipping;
6657 (iii) postage;
6658 (iv) handling;
6659 (v) crating; or
6660 (vi) packing.
6661 (34) "Detailed telecommunications billing service" means an ancillary service of
6662 separately stating information pertaining to individual calls on a customer's billing statement.
6663 (35) "Dietary supplement" means a product, other than tobacco, that:
6664 (a) is intended to supplement the diet;
6665 (b) contains one or more of the following dietary ingredients:
6666 (i) a vitamin;
6667 (ii) a mineral;
6668 (iii) an herb or other botanical;
6669 (iv) an amino acid;
6670 (v) a dietary substance for use by humans to supplement the diet by increasing the total
6671 dietary intake; or
6672 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
6673 described in Subsections (35)(b)(i) through (v);
6674 (c) (i) except as provided in Subsection (35)(c)(ii), is intended for ingestion in:
6675 (A) tablet form;
6676 (B) capsule form;
6677 (C) powder form;
6678 (D) softgel form;
6679 (E) gelcap form; or
6680 (F) liquid form; or
6681 (ii) if the product is not intended for ingestion in a form described in Subsections
6682 (35)(c)(i)(A) through (F), is not represented:
6683 (A) as conventional food; and
6684 (B) for use as a sole item of:
6685 (I) a meal; or
6686 (II) the diet; and
6687 (d) is required to be labeled as a dietary supplement:
6688 (i) identifiable by the "Supplemental Facts" box found on the label; and
6689 (ii) as required by 21 C.F.R. Sec. 101.36.
6690 (36) (a) "Digital audio work" means a work that results from the fixation of a series of
6691 musical, spoken, or other sounds.
6692 (b) "Digital audio work" includes a ringtone.
6693 (37) "Digital audio-visual work" means a series of related images which, when shown
6694 in succession, imparts an impression of motion, together with accompanying sounds, if any.
6695 (38) "Digital book" means a work that is generally recognized in the ordinary and usual
6696 sense as a book.
6697 (39) (a) "Direct mail" means printed material delivered or distributed by United States
6698 mail or other delivery service:
6699 (i) to:
6700 (A) a mass audience; or
6701 (B) addressees on a mailing list provided:
6702 (I) by a purchaser of the mailing list; or
6703 (II) at the discretion of the purchaser of the mailing list; and
6704 (ii) if the cost of the printed material is not billed directly to the recipients.
6705 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
6706 purchaser to a seller of direct mail for inclusion in a package containing the printed material.
6707 (c) "Direct mail" does not include multiple items of printed material delivered to a
6708 single address.
6709 (40) "Directory assistance" means an ancillary service of providing:
6710 (a) address information; or
6711 (b) telephone number information.
6712 (41) (a) "Disposable home medical equipment or supplies" means medical equipment
6713 or supplies that:
6714 (i) cannot withstand repeated use; and
6715 (ii) are purchased by, for, or on behalf of a person other than:
6716 (A) a health care facility as defined in Section 26-21-2;
6717 (B) a health care provider as defined in Section 78B-3-403;
6718 (C) an office of a health care provider described in Subsection (41)(a)(ii)(B); or
6719 (D) a person similar to a person described in Subsections (41)(a)(ii)(A) through (C).
6720 (b) "Disposable home medical equipment or supplies" does not include:
6721 (i) a drug;
6722 (ii) durable medical equipment;
6723 (iii) a hearing aid;
6724 (iv) a hearing aid accessory;
6725 (v) mobility enhancing equipment; or
6726 (vi) tangible personal property used to correct impaired vision, including:
6727 (A) eyeglasses; or
6728 (B) contact lenses.
6729 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6730 commission may by rule define what constitutes medical equipment or supplies.
6731 (42) "Drilling equipment manufacturer" means a facility:
6732 (a) located in the state;
6733 (b) with respect to which 51% or more of the manufacturing activities of the facility
6734 consist of manufacturing component parts of drilling equipment;
6735 (c) that uses pressure of 800,000 or more pounds per square inch as part of the
6736 manufacturing process; and
6737 (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
6738 manufacturing process.
6739 (43) (a) "Drug" means a compound, substance, or preparation, or a component of a
6740 compound, substance, or preparation that is:
6741 (i) recognized in:
6742 (A) the official United States Pharmacopoeia;
6743 (B) the official Homeopathic Pharmacopoeia of the United States;
6744 (C) the official National Formulary; or
6745 (D) a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);
6746 (ii) intended for use in the:
6747 (A) diagnosis of disease;
6748 (B) cure of disease;
6749 (C) mitigation of disease;
6750 (D) treatment of disease; or
6751 (E) prevention of disease; or
6752 (iii) intended to affect:
6753 (A) the structure of the body; or
6754 (B) any function of the body.
6755 (b) "Drug" does not include:
6756 (i) food and food ingredients;
6757 (ii) a dietary supplement;
6758 (iii) an alcoholic beverage; or
6759 (iv) a prosthetic device.
6760 (44) (a) Except as provided in Subsection (44)(c), "durable medical equipment" means
6761 equipment that:
6762 (i) can withstand repeated use;
6763 (ii) is primarily and customarily used to serve a medical purpose;
6764 (iii) generally is not useful to a person in the absence of illness or injury; and
6765 (iv) is not worn in or on the body.
6766 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
6767 equipment described in Subsection (44)(a).
6768 (c) "Durable medical equipment" does not include mobility enhancing equipment.
6769 (45) "Electronic" means:
6770 (a) relating to technology; and
6771 (b) having:
6772 (i) electrical capabilities;
6773 (ii) digital capabilities;
6774 (iii) magnetic capabilities;
6775 (iv) wireless capabilities;
6776 (v) optical capabilities;
6777 (vi) electromagnetic capabilities; or
6778 (vii) capabilities similar to Subsections (45)(b)(i) through (vi).
6779 (46) "Electronic financial payment service" means an establishment:
6780 (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
6781 Clearinghouse Activities, of the 2012 North American Industry Classification System of the
6782 federal Executive Office of the President, Office of Management and Budget; and
6783 (b) that performs electronic financial payment services.
6784 (47) "Employee" means the same as that term is defined in Section 59-10-401.
6785 (48) "Fixed guideway" means a public transit facility that uses and occupies:
6786 (a) rail for the use of public transit; or
6787 (b) a separate right-of-way for the use of public transit.
6788 (49) "Fixed wing turbine powered aircraft" means an aircraft that:
6789 (a) is powered by turbine engines;
6790 (b) operates on jet fuel; and
6791 (c) has wings that are permanently attached to the fuselage of the aircraft.
6792 (50) "Fixed wireless service" means a telecommunications service that provides radio
6793 communication between fixed points.
6794 (51) (a) "Food and food ingredients" means substances:
6795 (i) regardless of whether the substances are in:
6796 (A) liquid form;
6797 (B) concentrated form;
6798 (C) solid form;
6799 (D) frozen form;
6800 (E) dried form; or
6801 (F) dehydrated form; and
6802 (ii) that are:
6803 (A) sold for:
6804 (I) ingestion by humans; or
6805 (II) chewing by humans; and
6806 (B) consumed for the substance's:
6807 (I) taste; or
6808 (II) nutritional value.
6809 (b) "Food and food ingredients" includes an item described in Subsection (95)(b)(iii).
6810 (c) "Food and food ingredients" does not include:
6811 (i) an alcoholic beverage;
6812 (ii) tobacco; or
6813 (iii) prepared food.
6814 (52) (a) "Fundraising sales" means sales:
6815 (i) (A) made by a school; or
6816 (B) made by a school student;
6817 (ii) that are for the purpose of raising funds for the school to purchase equipment,
6818 materials, or provide transportation; and
6819 (iii) that are part of an officially sanctioned school activity.
6820 (b) For purposes of Subsection (52)(a)(iii), "officially sanctioned school activity"
6821 means a school activity:
6822 (i) that is conducted in accordance with a formal policy adopted by the school or school
6823 district governing the authorization and supervision of fundraising activities;
6824 (ii) that does not directly or indirectly compensate an individual teacher or other
6825 educational personnel by direct payment, commissions, or payment in kind; and
6826 (iii) the net or gross revenues from which are deposited in a dedicated account
6827 controlled by the school or school district.
6828 (53) "Geothermal energy" means energy contained in heat that continuously flows
6829 outward from the earth that is used as the sole source of energy to produce electricity.
6830 (54) "Governing board of the agreement" means the governing board of the agreement
6831 that is:
6832 (a) authorized to administer the agreement; and
6833 (b) established in accordance with the agreement.
6834 (55) (a) For purposes of Subsection 59-12-104(41), "governmental entity" means:
6835 (i) the executive branch of the state, including all departments, institutions, boards,
6836 divisions, bureaus, offices, commissions, and committees;
6837 (ii) the judicial branch of the state, including the courts, the Judicial Council, the
6838 Administrative Office of the Courts, and similar administrative units in the judicial branch;
6839 (iii) the legislative branch of the state, including the House of Representatives, the
6840 Senate, the Legislative Printing Office, the Office of Legislative Research and General
6841 Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
6842 Analyst;
6843 (iv) the National Guard;
6844 (v) an independent entity as defined in Section 63E-1-102; or
6845 (vi) a political subdivision as defined in Section 17B-1-102.
6846 (b) "Governmental entity" does not include the state systems of public and higher
6847 education, including:
6848 (i) a school;
6849 (ii) the State Board of Education;
6850 (iii) the State Board of Regents; or
6851 (iv) an institution of higher education described in Section 53B-1-102.
6852 (56) "Hydroelectric energy" means water used as the sole source of energy to produce
6853 electricity.
6854 (57) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
6855 other fuels:
6856 (a) in mining or extraction of minerals;
6857 (b) in agricultural operations to produce an agricultural product up to the time of
6858 harvest or placing the agricultural product into a storage facility, including:
6859 (i) commercial greenhouses;
6860 (ii) irrigation pumps;
6861 (iii) farm machinery;
6862 (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
6863 under Title 41, Chapter 1a, Part 2, Registration; and
6864 (v) other farming activities;
6865 (c) in manufacturing tangible personal property at an establishment described in:
6866 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
6867 the federal Executive Office of the President, Office of Management and Budget; or
6868 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
6869 American Industry Classification System of the federal Executive Office of the President,
6870 Office of Management and Budget;
6871 (d) by a scrap recycler if:
6872 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
6873 one or more of the following items into prepared grades of processed materials for use in new
6874 products:
6875 (A) iron;
6876 (B) steel;
6877 (C) nonferrous metal;
6878 (D) paper;
6879 (E) glass;
6880 (F) plastic;
6881 (G) textile; or
6882 (H) rubber; and
6883 (ii) the new products under Subsection (57)(d)(i) would otherwise be made with
6884 nonrecycled materials; or
6885 (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
6886 cogeneration facility as defined in Section 54-2-1.
6887 (58) (a) Except as provided in Subsection (58)(b), "installation charge" means a charge
6888 for installing:
6889 (i) tangible personal property; or
6890 (ii) a product transferred electronically.
6891 (b) "Installation charge" does not include a charge for:
6892 (i) repairs or renovations of:
6893 (A) tangible personal property; or
6894 (B) a product transferred electronically; or
6895 (ii) attaching tangible personal property or a product transferred electronically:
6896 (A) to other tangible personal property; and
6897 (B) as part of a manufacturing or fabrication process.
6898 (59) "Institution of higher education" means an institution of higher education listed in
6899 Section 53B-2-101.
6900 (60) (a) "Lease" or "rental" means a transfer of possession or control of tangible
6901 personal property or a product transferred electronically for:
6902 (i) (A) a fixed term; or
6903 (B) an indeterminate term; and
6904 (ii) consideration.
6905 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
6906 amount of consideration may be increased or decreased by reference to the amount realized
6907 upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
6908 Code.
6909 (c) "Lease" or "rental" does not include:
6910 (i) a transfer of possession or control of property under a security agreement or
6911 deferred payment plan that requires the transfer of title upon completion of the required
6912 payments;
6913 (ii) a transfer of possession or control of property under an agreement that requires the
6914 transfer of title:
6915 (A) upon completion of required payments; and
6916 (B) if the payment of an option price does not exceed the greater of:
6917 (I) $100; or
6918 (II) 1% of the total required payments; or
6919 (iii) providing tangible personal property along with an operator for a fixed period of
6920 time or an indeterminate period of time if the operator is necessary for equipment to perform as
6921 designed.
6922 (d) For purposes of Subsection (60)(c)(iii), an operator is necessary for equipment to
6923 perform as designed if the operator's duties exceed the:
6924 (i) set-up of tangible personal property;
6925 (ii) maintenance of tangible personal property; or
6926 (iii) inspection of tangible personal property.
6927 (61) "Life science establishment" means an establishment in this state that is classified
6928 under the following NAICS codes of the 2007 North American Industry Classification System
6929 of the federal Executive Office of the President, Office of Management and Budget:
6930 (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
6931 (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
6932 Manufacturing; or
6933 (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
6934 (62) "Life science research and development facility" means a facility owned, leased,
6935 or rented by a life science establishment if research and development is performed in 51% or
6936 more of the total area of the facility.
6937 (63) "Load and leave" means delivery to a purchaser by use of a tangible storage media
6938 if the tangible storage media is not physically transferred to the purchaser.
6939 (64) "Local taxing jurisdiction" means a:
6940 (a) county that is authorized to impose an agreement sales and use tax;
6941 (b) city that is authorized to impose an agreement sales and use tax; or
6942 (c) town that is authorized to impose an agreement sales and use tax.
6943 (65) "Manufactured home" means the same as that term is defined in Section
6944 15A-1-302.
6945 (66) "Manufacturing facility" means:
6946 (a) an establishment described in:
6947 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
6948 the federal Executive Office of the President, Office of Management and Budget; or
6949 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
6950 American Industry Classification System of the federal Executive Office of the President,
6951 Office of Management and Budget;
6952 (b) a scrap recycler if:
6953 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
6954 one or more of the following items into prepared grades of processed materials for use in new
6955 products:
6956 (A) iron;
6957 (B) steel;
6958 (C) nonferrous metal;
6959 (D) paper;
6960 (E) glass;
6961 (F) plastic;
6962 (G) textile; or
6963 (H) rubber; and
6964 (ii) the new products under Subsection (66)(b)(i) would otherwise be made with
6965 nonrecycled materials; or
6966 (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
6967 placed in service on or after May 1, 2006.
6968 (67) (a) "Marketplace" means a physical or electronic place, platform, or forum where
6969 tangible personal property, a product transferred electronically, or a service is offered for sale.
6970 (b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
6971 dedicated sales software application.
6972 (68) (a) "Marketplace facilitator" means a person, including an affiliate of the person,
6973 that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
6974 facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
6975 controls and that directly or indirectly:
6976 (i) does any of the following:
6977 (A) lists, makes available, or advertises tangible personal property, a product
6978 transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
6979 person owns, operates, or controls;
6980 (B) facilitates the sale of a marketplace seller's tangible personal property, product
6981 transferred electronically, or service by transmitting or otherwise communicating an offer or
6982 acceptance of a retail sale between the marketplace seller and a purchaser using the
6983 marketplace;
6984 (C) owns, rents, licenses, makes available, or operates any electronic or physical
6985 infrastructure or any property, process, method, copyright, trademark, or patent that connects a
6986 marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
6987 property, a product transferred electronically, or a service;
6988 (D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
6989 personal property, a product transferred electronically, or a service, regardless of ownership or
6990 control of the tangible personal property, the product transferred electronically, or the service
6991 that is the subject of the retail sale;
6992 (E) provides software development or research and development activities related to
6993 any activity described in this Subsection (68)(a)(i), if the software development or research and
6994 development activity is directly related to the person's marketplace;
6995 (F) provides or offers fulfillment or storage services for a marketplace seller;
6996 (G) sets prices for the sale of tangible personal property, a product transferred
6997 electronically, or a service by a marketplace seller;
6998 (H) provides or offers customer service to a marketplace seller or a marketplace seller's
6999 purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
7000 property, a product transferred electronically, or a service sold by a marketplace seller on the
7001 person's marketplace; or
7002 (I) brands or otherwise identifies sales as those of the person; and
7003 (ii) does any of the following:
7004 (A) collects the sales price or purchase price of a retail sale of tangible personal
7005 property, a product transferred electronically, or a service;
7006 (B) provides payment processing services for a retail sale of tangible personal property,
7007 a product transferred electronically, or a service;
7008 (C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
7009 fee, a fee for inserting or making available tangible personal property, a product transferred
7010 electronically, or a service on the person's marketplace, or other consideration for the
7011 facilitation of a retail sale of tangible personal property, a product transferred electronically, or
7012 a service, regardless of ownership or control of the tangible personal property, the product
7013 transferred electronically, or the service that is the subject of the retail sale;
7014 (D) through terms and conditions, an agreement, or another arrangement with a third
7015 person, collects payment from a purchase for a retail sale of tangible personal property, a
7016 product transferred electronically, or a service and transmits that payment to the marketplace
7017 seller, regardless of whether the third person receives compensation or other consideration in
7018 exchange for the service; or
7019 (E) provides a virtual currency for a purchaser to use to purchase tangible personal
7020 property, a product transferred electronically, or service offered for sale.
7021 (b) "Marketplace facilitator" does not include a person that only provides payment
7022 processing services.
7023 (69) "Marketplace seller" means a seller that makes one or more retail sales through a
7024 marketplace that a marketplace facilitator owns, operates, or controls, regardless of whether the
7025 seller is required to be registered to collect and remit the tax under this part.
7026 (70) "Member of the immediate family of the producer" means a person who is related
7027 to a producer described in Subsection 59-12-104(20)(a) as a:
7028 (a) child or stepchild, regardless of whether the child or stepchild is:
7029 (i) an adopted child or adopted stepchild; or
7030 (ii) a foster child or foster stepchild;
7031 (b) grandchild or stepgrandchild;
7032 (c) grandparent or stepgrandparent;
7033 (d) nephew or stepnephew;
7034 (e) niece or stepniece;
7035 (f) parent or stepparent;
7036 (g) sibling or stepsibling;
7037 (h) spouse;
7038 (i) person who is the spouse of a person described in Subsections (70)(a) through (g);
7039 or
7040 (j) person similar to a person described in Subsections (70)(a) through (i) as
7041 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
7042 Administrative Rulemaking Act.
7043 (71) "Mobile home" means the same as that term is defined in Section 15A-1-302.
7044 (72) "Mobile telecommunications service" means the same as that term is defined in
7045 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
7046 (73) (a) "Mobile wireless service" means a telecommunications service, regardless of
7047 the technology used, if:
7048 (i) the origination point of the conveyance, routing, or transmission is not fixed;
7049 (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
7050 (iii) the origination point described in Subsection (73)(a)(i) and the termination point
7051 described in Subsection (73)(a)(ii) are not fixed.
7052 (b) "Mobile wireless service" includes a telecommunications service that is provided
7053 by a commercial mobile radio service provider.
7054 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7055 commission may by rule define "commercial mobile radio service provider."
7056 (74) (a) Except as provided in Subsection (74)(c), "mobility enhancing equipment"
7057 means equipment that is:
7058 (i) primarily and customarily used to provide or increase the ability to move from one
7059 place to another;
7060 (ii) appropriate for use in a:
7061 (A) home; or
7062 (B) motor vehicle; and
7063 (iii) not generally used by persons with normal mobility.
7064 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
7065 the equipment described in Subsection (74)(a).
7066 (c) "Mobility enhancing equipment" does not include:
7067 (i) a motor vehicle;
7068 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
7069 vehicle manufacturer;
7070 (iii) durable medical equipment; or
7071 (iv) a prosthetic device.
7072 (75) "Model 1 seller" means a seller registered under the agreement that has selected a
7073 certified service provider as the seller's agent to perform the seller's sales and use tax functions
7074 for agreement sales and use taxes, as outlined in the contract between the governing board of
7075 the agreement and the certified service provider, other than the seller's obligation under Section
7076 59-12-124 to remit a tax on the seller's own purchases.
7077 (76) "Model 2 seller" means a seller registered under the agreement that:
7078 (a) except as provided in Subsection (76)(b), has selected a certified automated system
7079 to perform the seller's sales tax functions for agreement sales and use taxes; and
7080 (b) retains responsibility for remitting all of the sales tax:
7081 (i) collected by the seller; and
7082 (ii) to the appropriate local taxing jurisdiction.
7083 (77) (a) Subject to Subsection (77)(b), "model 3 seller" means a seller registered under
7084 the agreement that has:
7085 (i) sales in at least five states that are members of the agreement;
7086 (ii) total annual sales revenues of at least $500,000,000;
7087 (iii) a proprietary system that calculates the amount of tax:
7088 (A) for an agreement sales and use tax; and
7089 (B) due to each local taxing jurisdiction; and
7090 (iv) entered into a performance agreement with the governing board of the agreement.
7091 (b) For purposes of Subsection (77)(a), "model 3 seller" includes an affiliated group of
7092 sellers using the same proprietary system.
7093 (78) "Model 4 seller" means a seller that is registered under the agreement and is not a
7094 model 1 seller, model 2 seller, or model 3 seller.
7095 (79) "Modular home" means a modular unit as defined in Section 15A-1-302.
7096 (80) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
7097 (81) "Oil sands" means impregnated bituminous sands that:
7098 (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
7099 other hydrocarbons, or otherwise treated;
7100 (b) yield mixtures of liquid hydrocarbon; and
7101 (c) require further processing other than mechanical blending before becoming finished
7102 petroleum products.
7103 (82) "Oil shale" means a group of fine black to dark brown shales containing kerogen
7104 material that yields petroleum upon heating and distillation.
7105 (83) "Optional computer software maintenance contract" means a computer software
7106 maintenance contract that a customer is not obligated to purchase as a condition to the retail
7107 sale of computer software.
7108 (84) (a) "Other fuels" means products that burn independently to produce heat or
7109 energy.
7110 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
7111 personal property.
7112 (85) (a) "Paging service" means a telecommunications service that provides
7113 transmission of a coded radio signal for the purpose of activating a specific pager.
7114 (b) For purposes of Subsection (85)(a), the transmission of a coded radio signal
7115 includes a transmission by message or sound.
7116 (86) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.
7117 (87) "Pawn transaction" means the same as that term is defined in Section 13-32a-102.
7118 (88) (a) "Permanently attached to real property" means that for tangible personal
7119 property attached to real property:
7120 (i) the attachment of the tangible personal property to the real property:
7121 (A) is essential to the use of the tangible personal property; and
7122 (B) suggests that the tangible personal property will remain attached to the real
7123 property in the same place over the useful life of the tangible personal property; or
7124 (ii) if the tangible personal property is detached from the real property, the detachment
7125 would:
7126 (A) cause substantial damage to the tangible personal property; or
7127 (B) require substantial alteration or repair of the real property to which the tangible
7128 personal property is attached.
7129 (b) "Permanently attached to real property" includes:
7130 (i) the attachment of an accessory to the tangible personal property if the accessory is:
7131 (A) essential to the operation of the tangible personal property; and
7132 (B) attached only to facilitate the operation of the tangible personal property;
7133 (ii) a temporary detachment of tangible personal property from real property for a
7134 repair or renovation if the repair or renovation is performed where the tangible personal
7135 property and real property are located; or
7136 (iii) property attached to oil, gas, or water pipelines, except for the property listed in
7137 Subsection (88)(c)(iii) or (iv).
7138 (c) "Permanently attached to real property" does not include:
7139 (i) the attachment of portable or movable tangible personal property to real property if
7140 that portable or movable tangible personal property is attached to real property only for:
7141 (A) convenience;
7142 (B) stability; or
7143 (C) for an obvious temporary purpose;
7144 (ii) the detachment of tangible personal property from real property except for the
7145 detachment described in Subsection (88)(b)(ii);
7146 (iii) an attachment of the following tangible personal property to real property if the
7147 attachment to real property is only through a line that supplies water, electricity, gas,
7148 telecommunications, cable, or supplies a similar item as determined by the commission by rule
7149 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
7150 (A) a computer;
7151 (B) a telephone;
7152 (C) a television; or
7153 (D) tangible personal property similar to Subsections (88)(c)(iii)(A) through (C) as
7154 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
7155 Administrative Rulemaking Act; or
7156 (iv) an item listed in Subsection (129)(c).
7157 (89) "Person" includes any individual, firm, partnership, joint venture, association,
7158 corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
7159 municipality, district, or other local governmental entity of the state, or any group or
7160 combination acting as a unit.
7161 (90) "Place of primary use":
7162 (a) for telecommunications service other than mobile telecommunications service,
7163 means the street address representative of where the customer's use of the telecommunications
7164 service primarily occurs, which shall be:
7165 (i) the residential street address of the customer; or
7166 (ii) the primary business street address of the customer; or
7167 (b) for mobile telecommunications service, means the same as that term is defined in
7168 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
7169 (91) (a) "Postpaid calling service" means a telecommunications service a person
7170 obtains by making a payment on a call-by-call basis:
7171 (i) through the use of a:
7172 (A) bank card;
7173 (B) credit card;
7174 (C) debit card; or
7175 (D) travel card; or
7176 (ii) by a charge made to a telephone number that is not associated with the origination
7177 or termination of the telecommunications service.
7178 (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
7179 service, that would be a prepaid wireless calling service if the service were exclusively a
7180 telecommunications service.
7181 (92) "Postproduction" means an activity related to the finishing or duplication of a
7182 medium described in Subsection 59-12-104(54)(a).
7183 (93) "Prepaid calling service" means a telecommunications service:
7184 (a) that allows a purchaser access to telecommunications service that is exclusively
7185 telecommunications service;
7186 (b) that:
7187 (i) is paid for in advance; and
7188 (ii) enables the origination of a call using an:
7189 (A) access number; or
7190 (B) authorization code;
7191 (c) that is dialed:
7192 (i) manually; or
7193 (ii) electronically; and
7194 (d) sold in predetermined units or dollars that decline:
7195 (i) by a known amount; and
7196 (ii) with use.
7197 (94) "Prepaid wireless calling service" means a telecommunications service:
7198 (a) that provides the right to utilize:
7199 (i) mobile wireless service; and
7200 (ii) other service that is not a telecommunications service, including:
7201 (A) the download of a product transferred electronically;
7202 (B) a content service; or
7203 (C) an ancillary service;
7204 (b) that:
7205 (i) is paid for in advance; and
7206 (ii) enables the origination of a call using an:
7207 (A) access number; or
7208 (B) authorization code;
7209 (c) that is dialed:
7210 (i) manually; or
7211 (ii) electronically; and
7212 (d) sold in predetermined units or dollars that decline:
7213 (i) by a known amount; and
7214 (ii) with use.
7215 (95) (a) "Prepared food" means:
7216 (i) food:
7217 (A) sold in a heated state; or
7218 (B) heated by a seller;
7219 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
7220 item; or
7221 (iii) except as provided in Subsection (95)(c), food sold with an eating utensil provided
7222 by the seller, including a:
7223 (A) plate;
7224 (B) knife;
7225 (C) fork;
7226 (D) spoon;
7227 (E) glass;
7228 (F) cup;
7229 (G) napkin; or
7230 (H) straw.
7231 (b) "Prepared food" does not include:
7232 (i) food that a seller only:
7233 (A) cuts;
7234 (B) repackages; or
7235 (C) pasteurizes; or
7236 (ii) (A) the following:
7237 (I) raw egg;
7238 (II) raw fish;
7239 (III) raw meat;
7240 (IV) raw poultry; or
7241 (V) a food containing an item described in Subsections (95)(b)(ii)(A)(I) through (IV);
7242 and
7243 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
7244 Food and Drug Administration's Food Code that a consumer cook the items described in
7245 Subsection (95)(b)(ii)(A) to prevent food borne illness; or
7246 (iii) the following if sold without eating utensils provided by the seller:
7247 (A) food and food ingredients sold by a seller if the seller's proper primary
7248 classification under the 2002 North American Industry Classification System of the federal
7249 Executive Office of the President, Office of Management and Budget, is manufacturing in
7250 Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
7251 Manufacturing;
7252 (B) food and food ingredients sold in an unheated state:
7253 (I) by weight or volume; and
7254 (II) as a single item; or
7255 (C) a bakery item, including:
7256 (I) a bagel;
7257 (II) a bar;
7258 (III) a biscuit;
7259 (IV) bread;
7260 (V) a bun;
7261 (VI) a cake;
7262 (VII) a cookie;
7263 (VIII) a croissant;
7264 (IX) a danish;
7265 (X) a donut;
7266 (XI) a muffin;
7267 (XII) a pastry;
7268 (XIII) a pie;
7269 (XIV) a roll;
7270 (XV) a tart;
7271 (XVI) a torte; or
7272 (XVII) a tortilla.
7273 (c) An eating utensil provided by the seller does not include the following used to
7274 transport the food:
7275 (i) a container; or
7276 (ii) packaging.
7277 (96) "Prescription" means an order, formula, or recipe that is issued:
7278 (a) (i) orally;
7279 (ii) in writing;
7280 (iii) electronically; or
7281 (iv) by any other manner of transmission; and
7282 (b) by a licensed practitioner authorized by the laws of a state.
7283 (97) (a) Except as provided in Subsection (97)(b)(ii) or (iii), "prewritten computer
7284 software" means computer software that is not designed and developed:
7285 (i) by the author or other creator of the computer software; and
7286 (ii) to the specifications of a specific purchaser.
7287 (b) "Prewritten computer software" includes:
7288 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
7289 software is not designed and developed:
7290 (A) by the author or other creator of the computer software; and
7291 (B) to the specifications of a specific purchaser;
7292 (ii) computer software designed and developed by the author or other creator of the
7293 computer software to the specifications of a specific purchaser if the computer software is sold
7294 to a person other than the purchaser; or
7295 (iii) except as provided in Subsection (97)(c), prewritten computer software or a
7296 prewritten portion of prewritten computer software:
7297 (A) that is modified or enhanced to any degree; and
7298 (B) if the modification or enhancement described in Subsection (97)(b)(iii)(A) is
7299 designed and developed to the specifications of a specific purchaser.
7300 (c) "Prewritten computer software" does not include a modification or enhancement
7301 described in Subsection (97)(b)(iii) if the charges for the modification or enhancement are:
7302 (i) reasonable; and
7303 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
7304 invoice or other statement of price provided to the purchaser at the time of sale or later, as
7305 demonstrated by:
7306 (A) the books and records the seller keeps at the time of the transaction in the regular
7307 course of business, including books and records the seller keeps at the time of the transaction in
7308 the regular course of business for nontax purposes;
7309 (B) a preponderance of the facts and circumstances at the time of the transaction; and
7310 (C) the understanding of all of the parties to the transaction.
7311 (98) (a) "Private communications service" means a telecommunications service:
7312 (i) that entitles a customer to exclusive or priority use of one or more communications
7313 channels between or among termination points; and
7314 (ii) regardless of the manner in which the one or more communications channels are
7315 connected.
7316 (b) "Private communications service" includes the following provided in connection
7317 with the use of one or more communications channels:
7318 (i) an extension line;
7319 (ii) a station;
7320 (iii) switching capacity; or
7321 (iv) another associated service that is provided in connection with the use of one or
7322 more communications channels as defined in Section 59-12-215.
7323 (99) (a) Except as provided in Subsection (99)(b), "product transferred electronically"
7324 means a product transferred electronically that would be subject to a tax under this chapter if
7325 that product was transferred in a manner other than electronically.
7326 (b) "Product transferred electronically" does not include:
7327 (i) an ancillary service;
7328 (ii) computer software; or
7329 (iii) a telecommunications service.
7330 (100) (a) "Prosthetic device" means a device that is worn on or in the body to:
7331 (i) artificially replace a missing portion of the body;
7332 (ii) prevent or correct a physical deformity or physical malfunction; or
7333 (iii) support a weak or deformed portion of the body.
7334 (b) "Prosthetic device" includes:
7335 (i) parts used in the repairs or renovation of a prosthetic device;
7336 (ii) replacement parts for a prosthetic device;
7337 (iii) a dental prosthesis; or
7338 (iv) a hearing aid.
7339 (c) "Prosthetic device" does not include:
7340 (i) corrective eyeglasses; or
7341 (ii) contact lenses.
7342 (101) (a) "Protective equipment" means an item:
7343 (i) for human wear; and
7344 (ii) that is:
7345 (A) designed as protection:
7346 (I) to the wearer against injury or disease; or
7347 (II) against damage or injury of other persons or property; and
7348 (B) not suitable for general use.
7349 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7350 commission shall make rules:
7351 (i) listing the items that constitute "protective equipment"; and
7352 (ii) that are consistent with the list of items that constitute "protective equipment"
7353 under the agreement.
7354 (102) (a) For purposes of Subsection 59-12-104(41), "publication" means any written
7355 or printed matter, other than a photocopy:
7356 (i) regardless of:
7357 (A) characteristics;
7358 (B) copyright;
7359 (C) form;
7360 (D) format;
7361 (E) method of reproduction; or
7362 (F) source; and
7363 (ii) made available in printed or electronic format.
7364 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7365 commission may by rule define the term "photocopy."
7366 (103) (a) "Purchase price" and "sales price" mean the total amount of consideration:
7367 (i) valued in money; and
7368 (ii) for which tangible personal property, a product transferred electronically, or
7369 services are:
7370 (A) sold;
7371 (B) leased; or
7372 (C) rented.
7373 (b) "Purchase price" and "sales price" include:
7374 (i) the seller's cost of the tangible personal property, a product transferred
7375 electronically, or services sold;
7376 (ii) expenses of the seller, including:
7377 (A) the cost of materials used;
7378 (B) a labor cost;
7379 (C) a service cost;
7380 (D) interest;
7381 (E) a loss;
7382 (F) the cost of transportation to the seller; or
7383 (G) a tax imposed on the seller;
7384 (iii) a charge by the seller for any service necessary to complete the sale; or
7385 (iv) consideration a seller receives from a person other than the purchaser if:
7386 (A) (I) the seller actually receives consideration from a person other than the purchaser;
7387 and
7388 (II) the consideration described in Subsection (103)(b)(iv)(A)(I) is directly related to a
7389 price reduction or discount on the sale;
7390 (B) the seller has an obligation to pass the price reduction or discount through to the
7391 purchaser;
7392 (C) the amount of the consideration attributable to the sale is fixed and determinable by
7393 the seller at the time of the sale to the purchaser; and
7394 (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
7395 seller to claim a price reduction or discount; and
7396 (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
7397 coupon, or other documentation with the understanding that the person other than the seller
7398 will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
7399 (II) the purchaser identifies that purchaser to the seller as a member of a group or
7400 organization allowed a price reduction or discount, except that a preferred customer card that is
7401 available to any patron of a seller does not constitute membership in a group or organization
7402 allowed a price reduction or discount; or
7403 (III) the price reduction or discount is identified as a third party price reduction or
7404 discount on the:
7405 (Aa) invoice the purchaser receives; or
7406 (Bb) certificate, coupon, or other documentation the purchaser presents.
7407 (c) "Purchase price" and "sales price" do not include:
7408 (i) a discount:
7409 (A) in a form including:
7410 (I) cash;
7411 (II) term; or
7412 (III) coupon;
7413 (B) that is allowed by a seller;
7414 (C) taken by a purchaser on a sale; and
7415 (D) that is not reimbursed by a third party; or
7416 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
7417 stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
7418 sale or later, as demonstrated by the books and records the seller keeps at the time of the
7419 transaction in the regular course of business, including books and records the seller keeps at the
7420 time of the transaction in the regular course of business for nontax purposes, by a
7421 preponderance of the facts and circumstances at the time of the transaction, and by the
7422 understanding of all of the parties to the transaction:
7423 (A) the following from credit extended on the sale of tangible personal property or
7424 services:
7425 (I) a carrying charge;
7426 (II) a financing charge; or
7427 (III) an interest charge;
7428 (B) a delivery charge;
7429 (C) an installation charge;
7430 (D) a manufacturer rebate on a motor vehicle; or
7431 (E) a tax or fee legally imposed directly on the consumer.
7432 (104) "Purchaser" means a person to whom:
7433 (a) a sale of tangible personal property is made;
7434 (b) a product is transferred electronically; or
7435 (c) a service is furnished.
7436 (105) "Qualifying enterprise data center" means an establishment that will:
7437 (a) own and operate a data center facility that will house a group of networked server
7438 computers in one physical location in order to centralize the dissemination, management, and
7439 storage of data and information;
7440 (b) be located in the state;
7441 (c) be a new operation constructed on or after July 1, 2016;
7442 (d) consist of one or more buildings that total 150,000 or more square feet;
7443 (e) be owned or leased by:
7444 (i) the establishment; or
7445 (ii) a person under common ownership, as defined in Section 59-7-101, of the
7446 establishment; and
7447 (f) be located on one or more parcels of land that are owned or leased by:
7448 (i) the establishment; or
7449 (ii) a person under common ownership, as defined in Section 59-7-101, of the
7450 establishment.
7451 (106) "Regularly rented" means:
7452 (a) rented to a guest for value three or more times during a calendar year; or
7453 (b) advertised or held out to the public as a place that is regularly rented to guests for
7454 value.
7455 (107) "Rental" means the same as that term is defined in Subsection (60).
7456 (108) (a) Except as provided in Subsection (108)(b), "repairs or renovations of tangible
7457 personal property" means:
7458 (i) a repair or renovation of tangible personal property that is not permanently attached
7459 to real property; or
7460 (ii) attaching tangible personal property or a product transferred electronically to other
7461 tangible personal property or detaching tangible personal property or a product transferred
7462 electronically from other tangible personal property if:
7463 (A) the other tangible personal property to which the tangible personal property or
7464 product transferred electronically is attached or from which the tangible personal property or
7465 product transferred electronically is detached is not permanently attached to real property; and
7466 (B) the attachment of tangible personal property or a product transferred electronically
7467 to other tangible personal property or detachment of tangible personal property or a product
7468 transferred electronically from other tangible personal property is made in conjunction with a
7469 repair or replacement of tangible personal property or a product transferred electronically.
7470 (b) "Repairs or renovations of tangible personal property" does not include:
7471 (i) attaching prewritten computer software to other tangible personal property if the
7472 other tangible personal property to which the prewritten computer software is attached is not
7473 permanently attached to real property; or
7474 (ii) detaching prewritten computer software from other tangible personal property if the
7475 other tangible personal property from which the prewritten computer software is detached is
7476 not permanently attached to real property.
7477 (109) "Research and development" means the process of inquiry or experimentation
7478 aimed at the discovery of facts, devices, technologies, or applications and the process of
7479 preparing those devices, technologies, or applications for marketing.
7480 (110) (a) "Residential telecommunications services" means a telecommunications
7481 service or an ancillary service that is provided to an individual for personal use:
7482 (i) at a residential address; or
7483 (ii) at an institution, including a nursing home or a school, if the telecommunications
7484 service or ancillary service is provided to and paid for by the individual residing at the
7485 institution rather than the institution.
7486 (b) For purposes of Subsection (110)(a)(i), a residential address includes an:
7487 (i) apartment; or
7488 (ii) other individual dwelling unit.
7489 (111) "Residential use" means the use in or around a home, apartment building,
7490 sleeping quarters, and similar facilities or accommodations.
7491 (112) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
7492 than:
7493 (a) resale;
7494 (b) sublease; or
7495 (c) subrent.
7496 (113) (a) "Retailer" means any person, unless prohibited by the Constitution of the
7497 United States or federal law, that is engaged in a regularly organized business in tangible
7498 personal property or any other taxable transaction under Subsection 59-12-103(1), and [
7499 that is selling to the user or consumer and not for resale.
7500 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
7501 engaged in the business of selling to users or consumers within the state.
7502 (114) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
7503 otherwise, in any manner, of tangible personal property or any other taxable transaction under
7504 Subsection 59-12-103(1), for consideration.
7505 (b) "Sale" includes:
7506 (i) installment and credit sales;
7507 (ii) any closed transaction constituting a sale;
7508 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
7509 chapter;
7510 (iv) any transaction if the possession of property is transferred but the seller retains the
7511 title as security for the payment of the price; and
7512 (v) any transaction under which right to possession, operation, or use of any article of
7513 tangible personal property is granted under a lease or contract and the transfer of possession
7514 would be taxable if an outright sale were made.
7515 (115) "Sale at retail" means the same as that term is defined in Subsection (112).
7516 (116) "Sale-leaseback transaction" means a transaction by which title to tangible
7517 personal property or a product transferred electronically that is subject to a tax under this
7518 chapter is transferred:
7519 (a) by a purchaser-lessee;
7520 (b) to a lessor;
7521 (c) for consideration; and
7522 (d) if:
7523 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
7524 of the tangible personal property or product transferred electronically;
7525 (ii) the sale of the tangible personal property or product transferred electronically to the
7526 lessor is intended as a form of financing:
7527 (A) for the tangible personal property or product transferred electronically; and
7528 (B) to the purchaser-lessee; and
7529 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
7530 is required to:
7531 (A) capitalize the tangible personal property or product transferred electronically for
7532 financial reporting purposes; and
7533 (B) account for the lease payments as payments made under a financing arrangement.
7534 (117) "Sales price" means the same as that term is defined in Subsection (103).
7535 (118) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
7536 amounts charged by a school:
7537 (i) sales that are directly related to the school's educational functions or activities
7538 including:
7539 (A) the sale of:
7540 (I) textbooks;
7541 (II) textbook fees;
7542 (III) laboratory fees;
7543 (IV) laboratory supplies; or
7544 (V) safety equipment;
7545 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
7546 that:
7547 (I) a student is specifically required to wear as a condition of participation in a
7548 school-related event or school-related activity; and
7549 (II) is not readily adaptable to general or continued usage to the extent that it takes the
7550 place of ordinary clothing;
7551 (C) sales of the following if the net or gross revenues generated by the sales are
7552 deposited into a school district fund or school fund dedicated to school meals:
7553 (I) food and food ingredients; or
7554 (II) prepared food; or
7555 (D) transportation charges for official school activities; or
7556 (ii) amounts paid to or amounts charged by a school for admission to a school-related
7557 event or school-related activity.
7558 (b) "Sales relating to schools" does not include:
7559 (i) bookstore sales of items that are not educational materials or supplies;
7560 (ii) except as provided in Subsection (118)(a)(i)(B):
7561 (A) clothing;
7562 (B) clothing accessories or equipment;
7563 (C) protective equipment; or
7564 (D) sports or recreational equipment; or
7565 (iii) amounts paid to or amounts charged by a school for admission to a school-related
7566 event or school-related activity if the amounts paid or charged are passed through to a person:
7567 (A) other than a:
7568 (I) school;
7569 (II) nonprofit organization authorized by a school board or a governing body of a
7570 private school to organize and direct a competitive secondary school activity; or
7571 (III) nonprofit association authorized by a school board or a governing body of a
7572 private school to organize and direct a competitive secondary school activity; and
7573 (B) that is required to collect sales and use taxes under this chapter.
7574 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7575 commission may make rules defining the term "passed through."
7576 (119) For purposes of this section and Section 59-12-104, "school" means:
7577 (a) an elementary school or a secondary school that:
7578 (i) is a:
7579 (A) public school; or
7580 (B) private school; and
7581 (ii) provides instruction for one or more grades kindergarten through 12; or
7582 (b) a public school district.
7583 (120) (a) "Seller" means a person that makes a sale, lease, or rental of:
7584 (i) tangible personal property;
7585 (ii) a product transferred electronically; or
7586 (iii) a service.
7587 (b) "Seller" includes a marketplace facilitator.
7588 (121) (a) "Semiconductor fabricating, processing, research, or development materials"
7589 means tangible personal property or a product transferred electronically if the tangible personal
7590 property or product transferred electronically is:
7591 (i) used primarily in the process of:
7592 (A) (I) manufacturing a semiconductor;
7593 (II) fabricating a semiconductor; or
7594 (III) research or development of a:
7595 (Aa) semiconductor; or
7596 (Bb) semiconductor manufacturing process; or
7597 (B) maintaining an environment suitable for a semiconductor; or
7598 (ii) consumed primarily in the process of:
7599 (A) (I) manufacturing a semiconductor;
7600 (II) fabricating a semiconductor; or
7601 (III) research or development of a:
7602 (Aa) semiconductor; or
7603 (Bb) semiconductor manufacturing process; or
7604 (B) maintaining an environment suitable for a semiconductor.
7605 (b) "Semiconductor fabricating, processing, research, or development materials"
7606 includes:
7607 (i) parts used in the repairs or renovations of tangible personal property or a product
7608 transferred electronically described in Subsection (121)(a); or
7609 (ii) a chemical, catalyst, or other material used to:
7610 (A) produce or induce in a semiconductor a:
7611 (I) chemical change; or
7612 (II) physical change;
7613 (B) remove impurities from a semiconductor; or
7614 (C) improve the marketable condition of a semiconductor.
7615 (122) "Senior citizen center" means a facility having the primary purpose of providing
7616 services to the aged as defined in Section 62A-3-101.
7617 (123) (a) Subject to Subsections (123)(b) and (c), "short-term lodging consumable"
7618 means tangible personal property that:
7619 (i) a business that provides accommodations and services described in Subsection
7620 59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
7621 to a purchaser;
7622 (ii) is intended to be consumed by the purchaser; and
7623 (iii) is:
7624 (A) included in the purchase price of the accommodations and services; and
7625 (B) not separately stated on an invoice, bill of sale, or other similar document provided
7626 to the purchaser.
7627 (b) "Short-term lodging consumable" includes:
7628 (i) a beverage;
7629 (ii) a brush or comb;
7630 (iii) a cosmetic;
7631 (iv) a hair care product;
7632 (v) lotion;
7633 (vi) a magazine;
7634 (vii) makeup;
7635 (viii) a meal;
7636 (ix) mouthwash;
7637 (x) nail polish remover;
7638 (xi) a newspaper;
7639 (xii) a notepad;
7640 (xiii) a pen;
7641 (xiv) a pencil;
7642 (xv) a razor;
7643 (xvi) saline solution;
7644 (xvii) a sewing kit;
7645 (xviii) shaving cream;
7646 (xix) a shoe shine kit;
7647 (xx) a shower cap;
7648 (xxi) a snack item;
7649 (xxii) soap;
7650 (xxiii) toilet paper;
7651 (xxiv) a toothbrush;
7652 (xxv) toothpaste; or
7653 (xxvi) an item similar to Subsections (123)(b)(i) through (xxv) as the commission may
7654 provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
7655 Rulemaking Act.
7656 (c) "Short-term lodging consumable" does not include:
7657 (i) tangible personal property that is cleaned or washed to allow the tangible personal
7658 property to be reused; or
7659 (ii) a product transferred electronically.
7660 (124) "Simplified electronic return" means the electronic return:
7661 (a) described in Section 318(C) of the agreement; and
7662 (b) approved by the governing board of the agreement.
7663 (125) "Solar energy" means the sun used as the sole source of energy for producing
7664 electricity.
7665 (126) (a) "Sports or recreational equipment" means an item:
7666 (i) designed for human use; and
7667 (ii) that is:
7668 (A) worn in conjunction with:
7669 (I) an athletic activity; or
7670 (II) a recreational activity; and
7671 (B) not suitable for general use.
7672 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7673 commission shall make rules:
7674 (i) listing the items that constitute "sports or recreational equipment"; and
7675 (ii) that are consistent with the list of items that constitute "sports or recreational
7676 equipment" under the agreement.
7677 (127) "State" means the state of Utah, its departments, and agencies.
7678 (128) "Storage" means any keeping or retention of tangible personal property or any
7679 other taxable transaction under Subsection 59-12-103(1), in this state for any purpose except
7680 sale in the regular course of business.
7681 (129) (a) Except as provided in Subsection (129)(d) or (e), "tangible personal property"
7682 means personal property that:
7683 (i) may be:
7684 (A) seen;
7685 (B) weighed;
7686 (C) measured;
7687 (D) felt; or
7688 (E) touched; or
7689 (ii) is in any manner perceptible to the senses.
7690 (b) "Tangible personal property" includes:
7691 (i) electricity;
7692 (ii) water;
7693 (iii) gas;
7694 (iv) steam; or
7695 (v) prewritten computer software, regardless of the manner in which the prewritten
7696 computer software is transferred.
7697 (c) "Tangible personal property" includes the following regardless of whether the item
7698 is attached to real property:
7699 (i) a dishwasher;
7700 (ii) a dryer;
7701 (iii) a freezer;
7702 (iv) a microwave;
7703 (v) a refrigerator;
7704 (vi) a stove;
7705 (vii) a washer; or
7706 (viii) an item similar to Subsections (129)(c)(i) through (vii) as determined by the
7707 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
7708 Rulemaking Act.
7709 (d) "Tangible personal property" does not include a product that is transferred
7710 electronically.
7711 (e) "Tangible personal property" does not include the following if attached to real
7712 property, regardless of whether the attachment to real property is only through a line that
7713 supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
7714 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
7715 Rulemaking Act:
7716 (i) a hot water heater;
7717 (ii) a water filtration system; or
7718 (iii) a water softener system.
7719 (130) (a) "Telecommunications enabling or facilitating equipment, machinery, or
7720 software" means an item listed in Subsection (130)(b) if that item is purchased or leased
7721 primarily to enable or facilitate one or more of the following to function:
7722 (i) telecommunications switching or routing equipment, machinery, or software; or
7723 (ii) telecommunications transmission equipment, machinery, or software.
7724 (b) The following apply to Subsection (130)(a):
7725 (i) a pole;
7726 (ii) software;
7727 (iii) a supplementary power supply;
7728 (iv) temperature or environmental equipment or machinery;
7729 (v) test equipment;
7730 (vi) a tower; or
7731 (vii) equipment, machinery, or software that functions similarly to an item listed in
7732 Subsections (130)(b)(i) through (vi) as determined by the commission by rule made in
7733 accordance with Subsection (130)(c).
7734 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7735 commission may by rule define what constitutes equipment, machinery, or software that
7736 functions similarly to an item listed in Subsections (130)(b)(i) through (vi).
7737 (131) "Telecommunications equipment, machinery, or software required for 911
7738 service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
7739 Sec. 20.18.
7740 (132) "Telecommunications maintenance or repair equipment, machinery, or software"
7741 means equipment, machinery, or software purchased or leased primarily to maintain or repair
7742 one or more of the following, regardless of whether the equipment, machinery, or software is
7743 purchased or leased as a spare part or as an upgrade or modification to one or more of the
7744 following:
7745 (a) telecommunications enabling or facilitating equipment, machinery, or software;
7746 (b) telecommunications switching or routing equipment, machinery, or software; or
7747 (c) telecommunications transmission equipment, machinery, or software.
7748 (133) (a) "Telecommunications service" means the electronic conveyance, routing, or
7749 transmission of audio, data, video, voice, or any other information or signal to a point, or
7750 among or between points.
7751 (b) "Telecommunications service" includes:
7752 (i) an electronic conveyance, routing, or transmission with respect to which a computer
7753 processing application is used to act:
7754 (A) on the code, form, or protocol of the content;
7755 (B) for the purpose of electronic conveyance, routing, or transmission; and
7756 (C) regardless of whether the service:
7757 (I) is referred to as voice over Internet protocol service; or
7758 (II) is classified by the Federal Communications Commission as enhanced or value
7759 added;
7760 (ii) an 800 service;
7761 (iii) a 900 service;
7762 (iv) a fixed wireless service;
7763 (v) a mobile wireless service;
7764 (vi) a postpaid calling service;
7765 (vii) a prepaid calling service;
7766 (viii) a prepaid wireless calling service; or
7767 (ix) a private communications service.
7768 (c) "Telecommunications service" does not include:
7769 (i) advertising, including directory advertising;
7770 (ii) an ancillary service;
7771 (iii) a billing and collection service provided to a third party;
7772 (iv) a data processing and information service if:
7773 (A) the data processing and information service allows data to be:
7774 (I) (Aa) acquired;
7775 (Bb) generated;
7776 (Cc) processed;
7777 (Dd) retrieved; or
7778 (Ee) stored; and
7779 (II) delivered by an electronic transmission to a purchaser; and
7780 (B) the purchaser's primary purpose for the underlying transaction is the processed data
7781 or information;
7782 (v) installation or maintenance of the following on a customer's premises:
7783 (A) equipment; or
7784 (B) wiring;
7785 (vi) Internet access service;
7786 (vii) a paging service;
7787 (viii) a product transferred electronically, including:
7788 (A) music;
7789 (B) reading material;
7790 (C) a ring tone;
7791 (D) software; or
7792 (E) video;
7793 (ix) a radio and television audio and video programming service:
7794 (A) regardless of the medium; and
7795 (B) including:
7796 (I) furnishing conveyance, routing, or transmission of a television audio and video
7797 programming service by a programming service provider;
7798 (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
7799 (III) audio and video programming services delivered by a commercial mobile radio
7800 service provider as defined in 47 C.F.R. Sec. 20.3;
7801 (x) a value-added nonvoice data service; or
7802 (xi) tangible personal property.
7803 (134) (a) "Telecommunications service provider" means a person that:
7804 (i) owns, controls, operates, or manages a telecommunications service; and
7805 (ii) engages in an activity described in Subsection (134)(a)(i) for the shared use with or
7806 resale to any person of the telecommunications service.
7807 (b) A person described in Subsection (134)(a) is a telecommunications service provider
7808 whether or not the Public Service Commission of Utah regulates:
7809 (i) that person; or
7810 (ii) the telecommunications service that the person owns, controls, operates, or
7811 manages.
7812 (135) (a) "Telecommunications switching or routing equipment, machinery, or
7813 software" means an item listed in Subsection (135)(b) if that item is purchased or leased
7814 primarily for switching or routing:
7815 (i) an ancillary service;
7816 (ii) data communications;
7817 (iii) voice communications; or
7818 (iv) telecommunications service.
7819 (b) The following apply to Subsection (135)(a):
7820 (i) a bridge;
7821 (ii) a computer;
7822 (iii) a cross connect;
7823 (iv) a modem;
7824 (v) a multiplexer;
7825 (vi) plug in circuitry;
7826 (vii) a router;
7827 (viii) software;
7828 (ix) a switch; or
7829 (x) equipment, machinery, or software that functions similarly to an item listed in
7830 Subsections (135)(b)(i) through (ix) as determined by the commission by rule made in
7831 accordance with Subsection (135)(c).
7832 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7833 commission may by rule define what constitutes equipment, machinery, or software that
7834 functions similarly to an item listed in Subsections (135)(b)(i) through (ix).
7835 (136) (a) "Telecommunications transmission equipment, machinery, or software"
7836 means an item listed in Subsection (136)(b) if that item is purchased or leased primarily for
7837 sending, receiving, or transporting:
7838 (i) an ancillary service;
7839 (ii) data communications;
7840 (iii) voice communications; or
7841 (iv) telecommunications service.
7842 (b) The following apply to Subsection (136)(a):
7843 (i) an amplifier;
7844 (ii) a cable;
7845 (iii) a closure;
7846 (iv) a conduit;
7847 (v) a controller;
7848 (vi) a duplexer;
7849 (vii) a filter;
7850 (viii) an input device;
7851 (ix) an input/output device;
7852 (x) an insulator;
7853 (xi) microwave machinery or equipment;
7854 (xii) an oscillator;
7855 (xiii) an output device;
7856 (xiv) a pedestal;
7857 (xv) a power converter;
7858 (xvi) a power supply;
7859 (xvii) a radio channel;
7860 (xviii) a radio receiver;
7861 (xix) a radio transmitter;
7862 (xx) a repeater;
7863 (xxi) software;
7864 (xxii) a terminal;
7865 (xxiii) a timing unit;
7866 (xxiv) a transformer;
7867 (xxv) a wire; or
7868 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
7869 Subsections (136)(b)(i) through (xxv) as determined by the commission by rule made in
7870 accordance with Subsection (136)(c).
7871 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7872 commission may by rule define what constitutes equipment, machinery, or software that
7873 functions similarly to an item listed in Subsections (136)(b)(i) through (xxv).
7874 (137) (a) "Textbook for a higher education course" means a textbook or other printed
7875 material that is required for a course:
7876 (i) offered by an institution of higher education; and
7877 (ii) that the purchaser of the textbook or other printed material attends or will attend.
7878 (b) "Textbook for a higher education course" includes a textbook in electronic format.
7879 (138) "Tobacco" means:
7880 (a) a cigarette;
7881 (b) a cigar;
7882 (c) chewing tobacco;
7883 (d) pipe tobacco; or
7884 (e) any other item that contains tobacco.
7885 (139) "Unassisted amusement device" means an amusement device, skill device, or
7886 ride device that is started and stopped by the purchaser or renter of the right to use or operate
7887 the amusement device, skill device, or ride device.
7888 (140) (a) "Use" means the exercise of any right or power over tangible personal
7889 property, a product transferred electronically, or a service under Subsection 59-12-103(1),
7890 incident to the ownership or the leasing of that tangible personal property, product transferred
7891 electronically, or service.
7892 (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
7893 property, a product transferred electronically, or a service in the regular course of business and
7894 held for resale.
7895 (141) "Value-added nonvoice data service" means a service:
7896 (a) that otherwise meets the definition of a telecommunications service except that a
7897 computer processing application is used to act primarily for a purpose other than conveyance,
7898 routing, or transmission; and
7899 (b) with respect to which a computer processing application is used to act on data or
7900 information:
7901 (i) code;
7902 (ii) content;
7903 (iii) form; or
7904 (iv) protocol.
7905 (142) (a) Subject to Subsection (142)(b), "vehicle" means the following that are
7906 required to be titled, registered, or titled and registered:
7907 (i) an aircraft as defined in Section 72-10-102;
7908 (ii) a vehicle as defined in Section 41-1a-102;
7909 (iii) an off-highway vehicle as defined in Section 41-22-2; or
7910 (iv) a vessel as defined in Section 41-1a-102.
7911 (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
7912 (i) a vehicle described in Subsection (142)(a); or
7913 (ii) (A) a locomotive;
7914 (B) a freight car;
7915 (C) railroad work equipment; or
7916 (D) other railroad rolling stock.
7917 (143) "Vehicle dealer" means a person engaged in the business of buying, selling, or
7918 exchanging a vehicle as defined in Subsection (142).
7919 (144) (a) "Vertical service" means an ancillary service that:
7920 (i) is offered in connection with one or more telecommunications services; and
7921 (ii) offers an advanced calling feature that allows a customer to:
7922 (A) identify a caller; and
7923 (B) manage multiple calls and call connections.
7924 (b) "Vertical service" includes an ancillary service that allows a customer to manage a
7925 conference bridging service.
7926 (145) (a) "Voice mail service" means an ancillary service that enables a customer to
7927 receive, send, or store a recorded message.
7928 (b) "Voice mail service" does not include a vertical service that a customer is required
7929 to have in order to utilize a voice mail service.
7930 (146) (a) Except as provided in Subsection (146)(b), "waste energy facility" means a
7931 facility that generates electricity:
7932 (i) using as the primary source of energy waste materials that would be placed in a
7933 landfill or refuse pit if it were not used to generate electricity, including:
7934 (A) tires;
7935 (B) waste coal;
7936 (C) oil shale; or
7937 (D) municipal solid waste; and
7938 (ii) in amounts greater than actually required for the operation of the facility.
7939 (b) "Waste energy facility" does not include a facility that incinerates:
7940 (i) hospital waste as defined in 40 C.F.R. 60.51c; or
7941 (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
7942 (147) "Watercraft" means a vessel as defined in Section 73-18-2.
7943 (148) "Wind energy" means wind used as the sole source of energy to produce
7944 electricity.
7945 (149) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
7946 location by the United States Postal Service.
7947 Section 96. Section 59-12-104 is amended to read:
7948 59-12-104. Exemptions.
7949 Exemptions from the taxes imposed by this chapter are as follows:
7950 (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
7951 under Chapter 13, Motor and Special Fuel Tax Act;
7952 (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
7953 subdivisions; however, this exemption does not apply to sales of:
7954 (a) construction materials except:
7955 (i) construction materials purchased by or on behalf of institutions of the public
7956 education system as defined in Utah Constitution, Article X, Section 2, provided the
7957 construction materials are clearly identified and segregated and installed or converted to real
7958 property which is owned by institutions of the public education system; and
7959 (ii) construction materials purchased by the state, its institutions, or its political
7960 subdivisions which are installed or converted to real property by employees of the state, its
7961 institutions, or its political subdivisions; or
7962 (b) tangible personal property in connection with the construction, operation,
7963 maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
7964 providing additional project capacity, as defined in Section 11-13-103;
7965 (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
7966 (i) the proceeds of each sale do not exceed $1; and
7967 (ii) the seller or operator of the vending machine reports an amount equal to 150% of
7968 the cost of the item described in Subsection (3)(b) as goods consumed; and
7969 (b) Subsection (3)(a) applies to:
7970 (i) food and food ingredients; or
7971 (ii) prepared food;
7972 (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
7973 (i) alcoholic beverages;
7974 (ii) food and food ingredients; or
7975 (iii) prepared food;
7976 (b) sales of tangible personal property or a product transferred electronically:
7977 (i) to a passenger;
7978 (ii) by a commercial airline carrier; and
7979 (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
7980 (c) services related to Subsection (4)(a) or (b);
7981 (5) (a) (i) beginning on July 1, 2008, and ending on September 30, 2008, sales of parts
7982 and equipment:
7983 (A) (I) by an establishment described in NAICS Code 336411 or 336412 of the 2002
7984 North American Industry Classification System of the federal Executive Office of the
7985 President, Office of Management and Budget; and
7986 (II) for:
7987 (Aa) installation in an aircraft, including services relating to the installation of parts or
7988 equipment in the aircraft;
7989 (Bb) renovation of an aircraft; or
7990 (Cc) repair of an aircraft; or
7991 (B) for installation in an aircraft operated by a common carrier in interstate or foreign
7992 commerce; or
7993 (ii) beginning on October 1, 2008, sales of parts and equipment for installation in an
7994 aircraft operated by a common carrier in interstate or foreign commerce; and
7995 (b) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,
7996 a person may claim the exemption allowed by Subsection (5)(a)(i)(B) for a sale by filing for a
7997 refund:
7998 (i) if the sale is made on or after July 1, 2008, but on or before September 30, 2008;
7999 (ii) as if Subsection (5)(a)(i)(B) were in effect on the day on which the sale is made;
8000 (iii) if the person did not claim the exemption allowed by Subsection (5)(a)(i)(B) for
8001 the sale prior to filing for the refund;
8002 (iv) for sales and use taxes paid under this chapter on the sale;
8003 (v) in accordance with Section 59-1-1410; and
8004 (vi) subject to any extension allowed for filing for a refund under Section 59-1-1410, if
8005 the person files for the refund on or before September 30, 2011;
8006 (6) sales of commercials, motion picture films, prerecorded audio program tapes or
8007 records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
8008 exhibitor, distributor, or commercial television or radio broadcaster;
8009 (7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
8010 cleaning or washing of tangible personal property if the cleaning or washing of the tangible
8011 personal property is not assisted cleaning or washing of tangible personal property;
8012 (b) if a seller that sells at the same business location assisted cleaning or washing of
8013 tangible personal property and cleaning or washing of tangible personal property that is not
8014 assisted cleaning or washing of tangible personal property, the exemption described in
8015 Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
8016 or washing of the tangible personal property; and
8017 (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
8018 Utah Administrative Rulemaking Act, the commission may make rules:
8019 (i) governing the circumstances under which sales are at the same business location;
8020 and
8021 (ii) establishing the procedures and requirements for a seller to separately account for
8022 sales of assisted cleaning or washing of tangible personal property;
8023 (8) sales made to or by religious or charitable institutions in the conduct of their regular
8024 religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
8025 fulfilled;
8026 (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
8027 this state if the vehicle is:
8028 (a) not registered in this state; and
8029 (b) (i) not used in this state; or
8030 (ii) used in this state:
8031 (A) if the vehicle is not used to conduct business, for a time period that does not
8032 exceed the longer of:
8033 (I) 30 days in any calendar year; or
8034 (II) the time period necessary to transport the vehicle to the borders of this state; or
8035 (B) if the vehicle is used to conduct business, for the time period necessary to transport
8036 the vehicle to the borders of this state;
8037 (10) (a) amounts paid for an item described in Subsection (10)(b) if:
8038 (i) the item is intended for human use; and
8039 (ii) (A) a prescription was issued for the item; or
8040 (B) the item was purchased by a hospital or other medical facility; and
8041 (b) (i) Subsection (10)(a) applies to:
8042 (A) a drug;
8043 (B) a syringe; or
8044 (C) a stoma supply; and
8045 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8046 commission may by rule define the terms:
8047 (A) "syringe"; or
8048 (B) "stoma supply";
8049 (11) purchases or leases exempt under Section 19-12-201;
8050 (12) (a) sales of an item described in Subsection (12)(c) served by:
8051 (i) the following if the item described in Subsection (12)(c) is not available to the
8052 general public:
8053 (A) a church; or
8054 (B) a charitable institution; or
8055 (ii) an institution of higher education if:
8056 (A) the item described in Subsection (12)(c) is not available to the general public; or
8057 (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
8058 offered by the institution of higher education; or
8059 (b) sales of an item described in Subsection (12)(c) provided for a patient by:
8060 (i) a medical facility; or
8061 (ii) a nursing facility; and
8062 (c) Subsections (12)(a) and (b) apply to:
8063 (i) food and food ingredients;
8064 (ii) prepared food; or
8065 (iii) alcoholic beverages;
8066 (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
8067 or a product transferred electronically by a person:
8068 (i) regardless of the number of transactions involving the sale of that tangible personal
8069 property or product transferred electronically by that person; and
8070 (ii) not regularly engaged in the business of selling that type of tangible personal
8071 property or product transferred electronically;
8072 (b) this Subsection (13) does not apply if:
8073 (i) the sale is one of a series of sales of a character to indicate that the person is
8074 regularly engaged in the business of selling that type of tangible personal property or product
8075 transferred electronically;
8076 (ii) the person holds that person out as regularly engaged in the business of selling that
8077 type of tangible personal property or product transferred electronically;
8078 (iii) the person sells an item of tangible personal property or product transferred
8079 electronically that the person purchased as a sale that is exempt under Subsection (25); or
8080 (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
8081 this state in which case the tax is based upon:
8082 (A) the bill of sale or other written evidence of value of the vehicle or vessel being
8083 sold; or
8084 (B) in the absence of a bill of sale or other written evidence of value, the fair market
8085 value of the vehicle or vessel being sold at the time of the sale as determined by the
8086 commission; and
8087 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8088 commission shall make rules establishing the circumstances under which:
8089 (i) a person is regularly engaged in the business of selling a type of tangible personal
8090 property or product transferred electronically;
8091 (ii) a sale of tangible personal property or a product transferred electronically is one of
8092 a series of sales of a character to indicate that a person is regularly engaged in the business of
8093 selling that type of tangible personal property or product transferred electronically; or
8094 (iii) a person holds that person out as regularly engaged in the business of selling a type
8095 of tangible personal property or product transferred electronically;
8096 (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
8097 operating repair or replacement parts, or materials, except for office equipment or office
8098 supplies, by:
8099 (a) a manufacturing facility that:
8100 (i) is located in the state; and
8101 (ii) uses or consumes the machinery, equipment, normal operating repair or
8102 replacement parts, or materials:
8103 (A) in the manufacturing process to manufacture an item sold as tangible personal
8104 property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
8105 Utah Administrative Rulemaking Act; or
8106 (B) for a scrap recycler, to process an item sold as tangible personal property, as the
8107 commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
8108 Administrative Rulemaking Act;
8109 (b) an establishment, as the commission defines that term in accordance with Title
8110 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
8111 (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
8112 Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
8113 Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
8114 2002 North American Industry Classification System of the federal Executive Office of the
8115 President, Office of Management and Budget;
8116 (ii) is located in the state; and
8117 (iii) uses or consumes the machinery, equipment, normal operating repair or
8118 replacement parts, or materials in:
8119 (A) the production process to produce an item sold as tangible personal property, as the
8120 commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
8121 Administrative Rulemaking Act;
8122 (B) research and development, as the commission may define that phrase in accordance
8123 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
8124 (C) transporting, storing, or managing tailings, overburden, or similar waste materials
8125 produced from mining;
8126 (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
8127 mining; or
8128 (E) preventing, controlling, or reducing dust or other pollutants from mining; or
8129 (c) an establishment, as the commission defines that term in accordance with Title 63G,
8130 Chapter 3, Utah Administrative Rulemaking Act, that:
8131 (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
8132 American Industry Classification System of the federal Executive Office of the President,
8133 Office of Management and Budget;
8134 (ii) is located in the state; and
8135 (iii) uses or consumes the machinery, equipment, normal operating repair or
8136 replacement parts, or materials in the operation of the web search portal;
8137 (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
8138 (i) tooling;
8139 (ii) special tooling;
8140 (iii) support equipment;
8141 (iv) special test equipment; or
8142 (v) parts used in the repairs or renovations of tooling or equipment described in
8143 Subsections (15)(a)(i) through (iv); and
8144 (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
8145 (i) the tooling, equipment, or parts are used or consumed exclusively in the
8146 performance of any aerospace or electronics industry contract with the United States
8147 government or any subcontract under that contract; and
8148 (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
8149 title to the tooling, equipment, or parts is vested in the United States government as evidenced
8150 by:
8151 (A) a government identification tag placed on the tooling, equipment, or parts; or
8152 (B) listing on a government-approved property record if placing a government
8153 identification tag on the tooling, equipment, or parts is impractical;
8154 (16) sales of newspapers or newspaper subscriptions;
8155 (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
8156 product transferred electronically traded in as full or part payment of the purchase price, except
8157 that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
8158 trade-ins are limited to other vehicles only, and the tax is based upon:
8159 (i) the bill of sale or other written evidence of value of the vehicle being sold and the
8160 vehicle being traded in; or
8161 (ii) in the absence of a bill of sale or other written evidence of value, the then existing
8162 fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
8163 commission; and
8164 (b) Subsection (17)(a) does not apply to the following items of tangible personal
8165 property or products transferred electronically traded in as full or part payment of the purchase
8166 price:
8167 (i) money;
8168 (ii) electricity;
8169 (iii) water;
8170 (iv) gas; or
8171 (v) steam;
8172 (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
8173 or a product transferred electronically used or consumed primarily and directly in farming
8174 operations, regardless of whether the tangible personal property or product transferred
8175 electronically:
8176 (A) becomes part of real estate; or
8177 (B) is installed by a:
8178 (I) farmer;
8179 (II) contractor; or
8180 (III) subcontractor; or
8181 (ii) sales of parts used in the repairs or renovations of tangible personal property or a
8182 product transferred electronically if the tangible personal property or product transferred
8183 electronically is exempt under Subsection (18)(a)(i); and
8184 (b) amounts paid or charged for the following are subject to the taxes imposed by this
8185 chapter:
8186 (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
8187 supplies if used in a manner that is incidental to farming; and
8188 (B) tangible personal property that is considered to be used in a manner that is
8189 incidental to farming includes:
8190 (I) hand tools; or
8191 (II) maintenance and janitorial equipment and supplies;
8192 (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
8193 transferred electronically if the tangible personal property or product transferred electronically
8194 is used in an activity other than farming; and
8195 (B) tangible personal property or a product transferred electronically that is considered
8196 to be used in an activity other than farming includes:
8197 (I) office equipment and supplies; or
8198 (II) equipment and supplies used in:
8199 (Aa) the sale or distribution of farm products;
8200 (Bb) research; or
8201 (Cc) transportation; or
8202 (iii) a vehicle required to be registered by the laws of this state during the period
8203 ending two years after the date of the vehicle's purchase;
8204 (19) sales of hay;
8205 (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
8206 garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
8207 garden, farm, or other agricultural produce is sold by:
8208 (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
8209 agricultural produce;
8210 (b) an employee of the producer described in Subsection (20)(a); or
8211 (c) a member of the immediate family of the producer described in Subsection (20)(a);
8212 (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
8213 under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
8214 (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
8215 nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
8216 wholesaler, or retailer for use in packaging tangible personal property to be sold by that
8217 manufacturer, processor, wholesaler, or retailer;
8218 (23) a product stored in the state for resale;
8219 (24) (a) purchases of a product if:
8220 (i) the product is:
8221 (A) purchased outside of this state;
8222 (B) brought into this state:
8223 (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
8224 (II) by a nonresident person who is not living or working in this state at the time of the
8225 purchase;
8226 (C) used for the personal use or enjoyment of the nonresident person described in
8227 Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
8228 (D) not used in conducting business in this state; and
8229 (ii) for:
8230 (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
8231 the product for a purpose for which the product is designed occurs outside of this state;
8232 (B) a boat, the boat is registered outside of this state; or
8233 (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
8234 outside of this state;
8235 (b) the exemption provided for in Subsection (24)(a) does not apply to:
8236 (i) a lease or rental of a product; or
8237 (ii) a sale of a vehicle exempt under Subsection (33); and
8238 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
8239 purposes of Subsection (24)(a), the commission may by rule define what constitutes the
8240 following:
8241 (i) conducting business in this state if that phrase has the same meaning in this
8242 Subsection (24) as in Subsection (63);
8243 (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
8244 as in Subsection (63); or
8245 (iii) a purpose for which a product is designed if that phrase has the same meaning in
8246 this Subsection (24) as in Subsection (63);
8247 (25) a product purchased for resale in the regular course of business, either in its
8248 original form or as an ingredient or component part of a manufactured or compounded product;
8249 (26) a product upon which a sales or use tax was paid to some other state, or one of its
8250 subdivisions, except that the state shall be paid any difference between the tax paid and the tax
8251 imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
8252 the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
8253 Act;
8254 (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
8255 person for use in compounding a service taxable under the subsections;
8256 (28) purchases made in accordance with the special supplemental nutrition program for
8257 women, infants, and children established in 42 U.S.C. Sec. 1786;
8258 (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
8259 replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
8260 3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
8261 the President, Office of Management and Budget;
8262 (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
8263 Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
8264 (a) not registered in this state; and
8265 (b) (i) not used in this state; or
8266 (ii) used in this state:
8267 (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
8268 time period that does not exceed the longer of:
8269 (I) 30 days in any calendar year; or
8270 (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
8271 the borders of this state; or
8272 (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
8273 period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
8274 state;
8275 (31) sales of aircraft manufactured in Utah;
8276 (32) amounts paid for the purchase of telecommunications service for purposes of
8277 providing telecommunications service;
8278 (33) sales, leases, or uses of the following:
8279 (a) a vehicle by an authorized carrier; or
8280 (b) tangible personal property that is installed on a vehicle:
8281 (i) sold or leased to or used by an authorized carrier; and
8282 (ii) before the vehicle is placed in service for the first time;
8283 (34) (a) 45% of the sales price of any new manufactured home; and
8284 (b) 100% of the sales price of any used manufactured home;
8285 (35) sales relating to schools and fundraising sales;
8286 (36) sales or rentals of durable medical equipment if:
8287 (a) a person presents a prescription for the durable medical equipment; and
8288 (b) the durable medical equipment is used for home use only;
8289 (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
8290 Section 72-11-102; and
8291 (b) the commission shall by rule determine the method for calculating sales exempt
8292 under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
8293 (38) sales to a ski resort of:
8294 (a) snowmaking equipment;
8295 (b) ski slope grooming equipment;
8296 (c) passenger ropeways as defined in Section 72-11-102; or
8297 (d) parts used in the repairs or renovations of equipment or passenger ropeways
8298 described in Subsections (38)(a) through (c);
8299 (39) sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;
8300 (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
8301 amusement, entertainment, or recreation an unassisted amusement device as defined in Section
8302 59-12-102;
8303 (b) if a seller that sells or rents at the same business location the right to use or operate
8304 for amusement, entertainment, or recreation one or more unassisted amusement devices and
8305 one or more assisted amusement devices, the exemption described in Subsection (40)(a)
8306 applies if the seller separately accounts for the sales or rentals of the right to use or operate for
8307 amusement, entertainment, or recreation for the assisted amusement devices; and
8308 (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
8309 Utah Administrative Rulemaking Act, the commission may make rules:
8310 (i) governing the circumstances under which sales are at the same business location;
8311 and
8312 (ii) establishing the procedures and requirements for a seller to separately account for
8313 the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
8314 assisted amusement devices;
8315 (41) (a) sales of photocopies by:
8316 (i) a governmental entity; or
8317 (ii) an entity within the state system of public education, including:
8318 (A) a school; or
8319 (B) the State Board of Education; or
8320 (b) sales of publications by a governmental entity;
8321 (42) amounts paid for admission to an athletic event at an institution of higher
8322 education that is subject to the provisions of Title IX of the Education Amendments of 1972,
8323 20 U.S.C. Sec. 1681 et seq.;
8324 (43) (a) sales made to or by:
8325 (i) an area agency on aging; or
8326 (ii) a senior citizen center owned by a county, city, or town; or
8327 (b) sales made by a senior citizen center that contracts with an area agency on aging;
8328 (44) sales or leases of semiconductor fabricating, processing, research, or development
8329 materials regardless of whether the semiconductor fabricating, processing, research, or
8330 development materials:
8331 (a) actually come into contact with a semiconductor; or
8332 (b) ultimately become incorporated into real property;
8333 (45) an amount paid by or charged to a purchaser for accommodations and services
8334 described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
8335 59-12-104.2;
8336 (46) beginning on September 1, 2001, the lease or use of a vehicle issued a temporary
8337 sports event registration certificate in accordance with Section 41-3-306 for the event period
8338 specified on the temporary sports event registration certificate;
8339 (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
8340 adopted by the Public Service Commission only for purchase of electricity produced from a
8341 new alternative energy source built after January 1, 2016, as designated in the tariff by the
8342 Public Service Commission; and
8343 (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
8344 only to the portion of the tariff rate a customer pays under the tariff described in Subsection
8345 (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
8346 customer would have paid absent the tariff;
8347 (48) sales or rentals of mobility enhancing equipment if a person presents a
8348 prescription for the mobility enhancing equipment;
8349 (49) sales of water in a:
8350 (a) pipe;
8351 (b) conduit;
8352 (c) ditch; or
8353 (d) reservoir;
8354 (50) sales of currency or coins that constitute legal tender of a state, the United States,
8355 or a foreign nation;
8356 (51) (a) sales of an item described in Subsection (51)(b) if the item:
8357 (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
8358 (ii) has a gold, silver, or platinum content of 50% or more; and
8359 (b) Subsection (51)(a) applies to a gold, silver, or platinum:
8360 (i) ingot;
8361 (ii) bar;
8362 (iii) medallion; or
8363 (iv) decorative coin;
8364 (52) amounts paid on a sale-leaseback transaction;
8365 (53) sales of a prosthetic device:
8366 (a) for use on or in a human; and
8367 (b) (i) for which a prescription is required; or
8368 (ii) if the prosthetic device is purchased by a hospital or other medical facility;
8369 (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
8370 machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
8371 or equipment is primarily used in the production or postproduction of the following media for
8372 commercial distribution:
8373 (i) a motion picture;
8374 (ii) a television program;
8375 (iii) a movie made for television;
8376 (iv) a music video;
8377 (v) a commercial;
8378 (vi) a documentary; or
8379 (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
8380 commission by administrative rule made in accordance with Subsection (54)(d); or
8381 (b) purchases, leases, or rentals of machinery or equipment by an establishment
8382 described in Subsection (54)(c) that is used for the production or postproduction of the
8383 following are subject to the taxes imposed by this chapter:
8384 (i) a live musical performance;
8385 (ii) a live news program; or
8386 (iii) a live sporting event;
8387 (c) the following establishments listed in the 1997 North American Industry
8388 Classification System of the federal Executive Office of the President, Office of Management
8389 and Budget, apply to Subsections (54)(a) and (b):
8390 (i) NAICS Code 512110; or
8391 (ii) NAICS Code 51219; and
8392 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8393 commission may by rule:
8394 (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
8395 or
8396 (ii) define:
8397 (A) "commercial distribution";
8398 (B) "live musical performance";
8399 (C) "live news program"; or
8400 (D) "live sporting event";
8401 (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
8402 on or before June 30, 2027, of tangible personal property that:
8403 (i) is leased or purchased for or by a facility that:
8404 (A) is an alternative energy electricity production facility;
8405 (B) is located in the state; and
8406 (C) (I) becomes operational on or after July 1, 2004; or
8407 (II) has its generation capacity increased by one or more megawatts on or after July 1,
8408 2004, as a result of the use of the tangible personal property;
8409 (ii) has an economic life of five or more years; and
8410 (iii) is used to make the facility or the increase in capacity of the facility described in
8411 Subsection (55)(a)(i) operational up to the point of interconnection with an existing
8412 transmission grid including:
8413 (A) a wind turbine;
8414 (B) generating equipment;
8415 (C) a control and monitoring system;
8416 (D) a power line;
8417 (E) substation equipment;
8418 (F) lighting;
8419 (G) fencing;
8420 (H) pipes; or
8421 (I) other equipment used for locating a power line or pole; and
8422 (b) this Subsection (55) does not apply to:
8423 (i) tangible personal property used in construction of:
8424 (A) a new alternative energy electricity production facility; or
8425 (B) the increase in the capacity of an alternative energy electricity production facility;
8426 (ii) contracted services required for construction and routine maintenance activities;
8427 and
8428 (iii) unless the tangible personal property is used or acquired for an increase in capacity
8429 of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
8430 acquired after:
8431 (A) the alternative energy electricity production facility described in Subsection
8432 (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
8433 (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
8434 in Subsection (55)(a)(iii);
8435 (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
8436 on or before June 30, 2027, of tangible personal property that:
8437 (i) is leased or purchased for or by a facility that:
8438 (A) is a waste energy production facility;
8439 (B) is located in the state; and
8440 (C) (I) becomes operational on or after July 1, 2004; or
8441 (II) has its generation capacity increased by one or more megawatts on or after July 1,
8442 2004, as a result of the use of the tangible personal property;
8443 (ii) has an economic life of five or more years; and
8444 (iii) is used to make the facility or the increase in capacity of the facility described in
8445 Subsection (56)(a)(i) operational up to the point of interconnection with an existing
8446 transmission grid including:
8447 (A) generating equipment;
8448 (B) a control and monitoring system;
8449 (C) a power line;
8450 (D) substation equipment;
8451 (E) lighting;
8452 (F) fencing;
8453 (G) pipes; or
8454 (H) other equipment used for locating a power line or pole; and
8455 (b) this Subsection (56) does not apply to:
8456 (i) tangible personal property used in construction of:
8457 (A) a new waste energy facility; or
8458 (B) the increase in the capacity of a waste energy facility;
8459 (ii) contracted services required for construction and routine maintenance activities;
8460 and
8461 (iii) unless the tangible personal property is used or acquired for an increase in capacity
8462 described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
8463 (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
8464 described in Subsection (56)(a)(iii); or
8465 (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
8466 in Subsection (56)(a)(iii);
8467 (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
8468 or before June 30, 2027, of tangible personal property that:
8469 (i) is leased or purchased for or by a facility that:
8470 (A) is located in the state;
8471 (B) produces fuel from alternative energy, including:
8472 (I) methanol; or
8473 (II) ethanol; and
8474 (C) (I) becomes operational on or after July 1, 2004; or
8475 (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
8476 a result of the installation of the tangible personal property;
8477 (ii) has an economic life of five or more years; and
8478 (iii) is installed on the facility described in Subsection (57)(a)(i);
8479 (b) this Subsection (57) does not apply to:
8480 (i) tangible personal property used in construction of:
8481 (A) a new facility described in Subsection (57)(a)(i); or
8482 (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
8483 (ii) contracted services required for construction and routine maintenance activities;
8484 and
8485 (iii) unless the tangible personal property is used or acquired for an increase in capacity
8486 described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
8487 (A) the facility described in Subsection (57)(a)(i) is operational; or
8488 (B) the increased capacity described in Subsection (57)(a)(i) is operational;
8489 (58) (a) subject to Subsection (58)(b) or (c), sales of tangible personal property or a
8490 product transferred electronically to a person within this state if that tangible personal property
8491 or product transferred electronically is subsequently shipped outside the state and incorporated
8492 pursuant to contract into and becomes a part of real property located outside of this state;
8493 (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
8494 state or political entity to which the tangible personal property is shipped imposes a sales, use,
8495 gross receipts, or other similar transaction excise tax on the transaction against which the other
8496 state or political entity allows a credit for sales and use taxes imposed by this chapter; and
8497 (c) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,
8498 a person may claim the exemption allowed by this Subsection (58) for a sale by filing for a
8499 refund:
8500 (i) if the sale is made on or after July 1, 2004, but on or before June 30, 2008;
8501 (ii) as if this Subsection (58) as in effect on July 1, 2008, were in effect on the day on
8502 which the sale is made;
8503 (iii) if the person did not claim the exemption allowed by this Subsection (58) for the
8504 sale prior to filing for the refund;
8505 (iv) for sales and use taxes paid under this chapter on the sale;
8506 (v) in accordance with Section 59-1-1410; and
8507 (vi) subject to any extension allowed for filing for a refund under Section 59-1-1410, if
8508 the person files for the refund on or before June 30, 2011;
8509 (59) purchases:
8510 (a) of one or more of the following items in printed or electronic format:
8511 (i) a list containing information that includes one or more:
8512 (A) names; or
8513 (B) addresses; or
8514 (ii) a database containing information that includes one or more:
8515 (A) names; or
8516 (B) addresses; and
8517 (b) used to send direct mail;
8518 (60) redemptions or repurchases of a product by a person if that product was:
8519 (a) delivered to a pawnbroker as part of a pawn transaction; and
8520 (b) redeemed or repurchased within the time period established in a written agreement
8521 between the person and the pawnbroker for redeeming or repurchasing the product;
8522 (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
8523 (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
8524 and
8525 (ii) has a useful economic life of one or more years; and
8526 (b) the following apply to Subsection (61)(a):
8527 (i) telecommunications enabling or facilitating equipment, machinery, or software;
8528 (ii) telecommunications equipment, machinery, or software required for 911 service;
8529 (iii) telecommunications maintenance or repair equipment, machinery, or software;
8530 (iv) telecommunications switching or routing equipment, machinery, or software; or
8531 (v) telecommunications transmission equipment, machinery, or software;
8532 (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
8533 personal property or a product transferred electronically that are used in the research and
8534 development of alternative energy technology; and
8535 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8536 commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
8537 purchases of tangible personal property or a product transferred electronically that are used in
8538 the research and development of alternative energy technology;
8539 (63) (a) purchases of tangible personal property or a product transferred electronically
8540 if:
8541 (i) the tangible personal property or product transferred electronically is:
8542 (A) purchased outside of this state;
8543 (B) brought into this state at any time after the purchase described in Subsection
8544 (63)(a)(i)(A); and
8545 (C) used in conducting business in this state; and
8546 (ii) for:
8547 (A) tangible personal property or a product transferred electronically other than the
8548 tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
8549 for a purpose for which the property is designed occurs outside of this state; or
8550 (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
8551 outside of this state;
8552 (b) the exemption provided for in Subsection (63)(a) does not apply to:
8553 (i) a lease or rental of tangible personal property or a product transferred electronically;
8554 or
8555 (ii) a sale of a vehicle exempt under Subsection (33); and
8556 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
8557 purposes of Subsection (63)(a), the commission may by rule define what constitutes the
8558 following:
8559 (i) conducting business in this state if that phrase has the same meaning in this
8560 Subsection (63) as in Subsection (24);
8561 (ii) the first use of tangible personal property or a product transferred electronically if
8562 that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
8563 (iii) a purpose for which tangible personal property or a product transferred
8564 electronically is designed if that phrase has the same meaning in this Subsection (63) as in
8565 Subsection (24);
8566 (64) sales of disposable home medical equipment or supplies if:
8567 (a) a person presents a prescription for the disposable home medical equipment or
8568 supplies;
8569 (b) the disposable home medical equipment or supplies are used exclusively by the
8570 person to whom the prescription described in Subsection (64)(a) is issued; and
8571 (c) the disposable home medical equipment and supplies are listed as eligible for
8572 payment under:
8573 (i) Title XVIII, federal Social Security Act; or
8574 (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
8575 (65) sales:
8576 (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
8577 District Act; or
8578 (b) of tangible personal property to a subcontractor of a public transit district, if the
8579 tangible personal property is:
8580 (i) clearly identified; and
8581 (ii) installed or converted to real property owned by the public transit district;
8582 (66) sales of construction materials:
8583 (a) purchased on or after July 1, 2010;
8584 (b) purchased by, on behalf of, or for the benefit of an international airport:
8585 (i) located within a county of the first class; and
8586 (ii) that has a United States customs office on its premises; and
8587 (c) if the construction materials are:
8588 (i) clearly identified;
8589 (ii) segregated; and
8590 (iii) installed or converted to real property:
8591 (A) owned or operated by the international airport described in Subsection (66)(b); and
8592 (B) located at the international airport described in Subsection (66)(b);
8593 (67) sales of construction materials:
8594 (a) purchased on or after July 1, 2008;
8595 (b) purchased by, on behalf of, or for the benefit of a new airport:
8596 (i) located within a county of the second class; and
8597 (ii) that is owned or operated by a city in which an airline as defined in Section
8598 59-2-102 is headquartered; and
8599 (c) if the construction materials are:
8600 (i) clearly identified;
8601 (ii) segregated; and
8602 (iii) installed or converted to real property:
8603 (A) owned or operated by the new airport described in Subsection (67)(b);
8604 (B) located at the new airport described in Subsection (67)(b); and
8605 (C) as part of the construction of the new airport described in Subsection (67)(b);
8606 (68) sales of fuel to a common carrier that is a railroad for use in a locomotive engine;
8607 (69) purchases and sales described in Section 63H-4-111;
8608 (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
8609 overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
8610 a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
8611 lists a state or country other than this state as the location of registry of the fixed wing turbine
8612 powered aircraft; or
8613 (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
8614 provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
8615 a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
8616 lists a state or country other than this state as the location of registry of the fixed wing turbine
8617 powered aircraft;
8618 (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:
8619 (a) to a person admitted to an institution of higher education; and
8620 (b) by a seller, other than a bookstore owned by an institution of higher education, if
8621 51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
8622 textbook for a higher education course;
8623 (72) a license fee or tax a municipality imposes in accordance with Subsection
8624 10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
8625 level of municipal services;
8626 (73) amounts paid or charged for construction materials used in the construction of a
8627 new or expanding life science research and development facility in the state, if the construction
8628 materials are:
8629 (a) clearly identified;
8630 (b) segregated; and
8631 (c) installed or converted to real property;
8632 (74) amounts paid or charged for:
8633 (a) a purchase or lease of machinery and equipment that:
8634 (i) are used in performing qualified research:
8635 (A) as defined in Section 41(d), Internal Revenue Code; and
8636 (B) in the state; and
8637 (ii) have an economic life of three or more years; and
8638 (b) normal operating repair or replacement parts:
8639 (i) for the machinery and equipment described in Subsection (74)(a); and
8640 (ii) that have an economic life of three or more years;
8641 (75) a sale or lease of tangible personal property used in the preparation of prepared
8642 food if:
8643 (a) for a sale:
8644 (i) the ownership of the seller and the ownership of the purchaser are identical; and
8645 (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
8646 tangible personal property prior to making the sale; or
8647 (b) for a lease:
8648 (i) the ownership of the lessor and the ownership of the lessee are identical; and
8649 (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
8650 personal property prior to making the lease;
8651 (76) (a) purchases of machinery or equipment if:
8652 (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
8653 Gambling, and Recreation Industries, of the 2012 North American Industry Classification
8654 System of the federal Executive Office of the President, Office of Management and Budget;
8655 (ii) the machinery or equipment:
8656 (A) has an economic life of three or more years; and
8657 (B) is used by one or more persons who pay admission or user fees described in
8658 Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
8659 (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
8660 (A) amounts paid or charged as admission or user fees described in Subsection
8661 59-12-103(1)(f); and
8662 (B) subject to taxation under this chapter; and
8663 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8664 commission may make rules for verifying that 51% of a purchaser's sales revenue for the
8665 previous calendar quarter is:
8666 (i) amounts paid or charged as admission or user fees described in Subsection
8667 59-12-103(1)(f); and
8668 (ii) subject to taxation under this chapter;
8669 (77) purchases of a short-term lodging consumable by a business that provides
8670 accommodations and services described in Subsection 59-12-103(1)(i);
8671 (78) amounts paid or charged to access a database:
8672 (a) if the primary purpose for accessing the database is to view or retrieve information
8673 from the database; and
8674 (b) not including amounts paid or charged for a:
8675 (i) digital [
8676 (ii) digital audio-visual work; or
8677 (iii) digital book;
8678 (79) amounts paid or charged for a purchase or lease made by an electronic financial
8679 payment service, of:
8680 (a) machinery and equipment that:
8681 (i) are used in the operation of the electronic financial payment service; and
8682 (ii) have an economic life of three or more years; and
8683 (b) normal operating repair or replacement parts that:
8684 (i) are used in the operation of the electronic financial payment service; and
8685 (ii) have an economic life of three or more years;
8686 (80) beginning on April 1, 2013, sales of a fuel cell as defined in Section 54-15-102;
8687 (81) amounts paid or charged for a purchase or lease of tangible personal property or a
8688 product transferred electronically if the tangible personal property or product transferred
8689 electronically:
8690 (a) is stored, used, or consumed in the state; and
8691 (b) is temporarily brought into the state from another state:
8692 (i) during a disaster period as defined in Section 53-2a-1202;
8693 (ii) by an out-of-state business as defined in Section 53-2a-1202;
8694 (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
8695 (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
8696 (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
8697 in Section 39-9-102, made pursuant to Title 39, Chapter 9, State Morale, Welfare, and
8698 Recreation Program;
8699 (83) amounts paid or charged for a purchase or lease of molten magnesium;
8700 (84) amounts paid or charged for a purchase or lease made by a qualifying enterprise
8701 data center of machinery, equipment, or normal operating repair or replacement parts, if the
8702 machinery, equipment, or normal operating repair or replacement parts:
8703 (a) are used in the operation of the establishment; and
8704 (b) have an economic life of one or more years;
8705 (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
8706 vehicle that includes cleaning or washing of the interior of the vehicle;
8707 (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
8708 operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
8709 or consumed:
8710 (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
8711 in Section 63M-4-701 located in the state;
8712 (b) if the machinery, equipment, normal operating repair or replacement parts,
8713 catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
8714 (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
8715 added to gasoline or diesel fuel;
8716 (ii) research and development;
8717 (iii) transporting, storing, or managing raw materials, work in process, finished
8718 products, and waste materials produced from refining gasoline or diesel fuel, or adding
8719 blendstock to gasoline or diesel fuel;
8720 (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
8721 refining; or
8722 (v) preventing, controlling, or reducing pollutants from refining; and
8723 (c) beginning on July 1, 2021, if the person has obtained a form certified by the Office
8724 of Energy Development under Subsection 63M-4-702(2);
8725 (87) amounts paid to or charged by a proprietor for accommodations and services, as
8726 defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax
8727 imposed under Section 63H-1-205;
8728 (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
8729 operating repair or replacement parts, or materials, except for office equipment or office
8730 supplies, by an establishment, as the commission defines that term in accordance with Title
8731 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
8732 (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
8733 American Industry Classification System of the federal Executive Office of the President,
8734 Office of Management and Budget;
8735 (b) is located in this state; and
8736 (c) uses the machinery, equipment, normal operating repair or replacement parts, or
8737 materials in the operation of the establishment; and
8738 (89) amounts paid or charged for an item exempt under Section 59-12-104.10.
8739 Section 97. Section 59-26-104 is amended to read:
8740 59-26-104. Collection of tax.
8741 A multi-channel video or audio service provider shall:
8742 (1) collect the tax imposed by Section 59-26-103 from the purchaser;
8743 (2) pay the tax collected under Subsection (1) to the commission:
8744 (a) monthly on or before the last day of the month immediately following the last day
8745 of the previous month if:
8746 (i) the multi-channel video or audio service provider is required to file a sales and use
8747 tax return with the commission monthly under Section 59-12-108; or
8748 (ii) the multi-channel video or audio service provider is not required to file a sales and
8749 use tax return under Chapter 12, Sales and Use Tax Act; or
8750 (b) quarterly on or before the last day of the month immediately following the last day
8751 of the previous quarter if the multi-channel video or audio service provider is required to file a
8752 sales and use tax return with the commission quarterly under Section [
8753 and
8754 (3) pay the tax collected under Subsection (1) using a form prescribed by the
8755 commission.
8756 Section 98. Section 62A-4a-202.9 is amended to read:
8757 62A-4a-202.9. Child protection unit pilot program.
8758 (1) The division shall establish and operate, as funding allows, a child protection unit
8759 pilot program in up to three areas of the state where a local government has established a child
8760 protection unit.
8761 (2) The child protection unit pilot program is established to improve communications
8762 between a child protection unit and the division in the division's management of child welfare
8763 matters and to strengthen the state's child welfare system.
8764 (3) The pilot program may include:
8765 (a) involving a child protection unit in the child protection team during the division's
8766 investigation when a child is taken into protective custody, as described in Section
8767 62A-4a-202.3;
8768 (b) involving a child protection unit in the child protection team meetings, as described
8769 in Section 62A-4a-202.8;
8770 (c) involving a child protection unit in the division's protective, diagnostic, assessment,
8771 treatment, and coordination services, as described in Section 62A-4a-409; or
8772 (d) receiving referrals, reports, or other information from a child protection unit about a
8773 child protection unit's investigations of cases that may involve abuse, neglect, or dependency of
8774 a child.
8775 (4) The division shall consult with a child protection unit before the division closes a
8776 mutual case.
8777 (5) The child protection unit shall notify the division if the child protection unit closes
8778 an investigation related to a mutual case.
8779 (6) The division and the child protection unit shall coordinate on mutual cases at least
8780 once every month.
8781 (7) Subject to Section 62A-4a-412, while in meetings or while coordinating with the
8782 child protection unit about a mutual case, the division shall grant the child protection unit
8783 access to the division's information or records on the mutual case.
8784 (8) A child protection unit may share case-specific information obtained from the
8785 division with members of a multidisciplinary team that is:
8786 (a) assembled by the child protection unit for a particular case;
8787 (b) assembled when a case demonstrates:
8788 (i) the likelihood of severe child abuse or neglect; or
8789 (ii) a high risk of repetition as evidenced by previous involvements with law
8790 enforcement;
8791 (c) assembled for the purpose of information sharing and identification of resources,
8792 services, or actions that are in the best interest of the child or the child's family; and
8793 (d) composed of:
8794 (i) a victim advocate;
8795 (ii) a therapist;
8796 (iii) a representative of the child's school district; or
8797 (iv) another individual that the child protection unit designates as valuable to provide
8798 necessary services to the child or the family of the child.
8799 (9) The division and the child protection unit shall collect data on the effectiveness of
8800 the pilot program in strengthening the state's child welfare system and shall report the data to
8801 the Child Welfare Legislative Oversight [
8802 year that the pilot program is in effect.
8803 Section 99. Section 63A-5-225 is amended to read:
8804 63A-5-225. Development of new correctional facilities.
8805 (1) As used in this section:
8806 (a) "Committee" means the Legislative Management Committee created in Section
8807 36-12-6.
8808 (b) "New correctional facilities" means a new prison and related facilities to be
8809 constructed to replace the state prison located in Draper.
8810 (c) "Prison project" means all aspects of a project for the design and construction of
8811 new correctional facilities on the selected site, including:
8812 (i) the acquisition of land, interests in land, easements, or rights-of-way;
8813 (ii) site improvement; and
8814 (iii) the acquisition, construction, equipping, or furnishing of facilities, structures,
8815 infrastructure, roads, parking facilities, utilities, and improvements, whether on or off the
8816 selected site, that are necessary, incidental, or convenient to the development of new
8817 correctional facilities on the selected site.
8818 (d) "Selected site" means the site selected [
8819 for new correctional facilities.
8820 (2) In consultation with the committee, the division shall oversee the prison project, as
8821 provided in this section.
8822 (3) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and this
8823 section, the division shall:
8824 (i) enter into contracts with persons providing professional and construction services
8825 for the prison project;
8826 (ii) provide reports to the committee regarding the prison project, as requested by the
8827 commission; and
8828 (iii) consider input from the committee on the prison project, subject to Subsection
8829 (3)(b).
8830 (b) The division may not consult with or receive input from the committee regarding:
8831 (i) the evaluation of proposals from persons seeking to provide professional and
8832 construction services for the prison project; or
8833 (ii) the selection of persons to provide professional and construction services for the
8834 prison project.
8835 (c) A contract with a project manager or person with a comparable position on the
8836 prison project shall include a provision that requires the project manager or other person to
8837 provide reports to the committee regarding the prison project, as requested by the committee.
8838 (4) All contracts associated with the design or construction of new correctional
8839 facilities shall be awarded and managed by the division in accordance with Title 63G, Chapter
8840 6a, Utah Procurement Code, and this section.
8841 (5) The division shall coordinate with the Department of Corrections, created in
8842 Section 64-13-2, and the State Commission on Criminal and Juvenile Justice, created in
8843 Section 63M-7-201, during the prison project to help ensure that the design and construction of
8844 new correctional facilities are conducive to and consistent with, and help to implement any
8845 reforms of or changes to, the state's corrections system and corrections programs.
8846 (6) (a) There is created within the General Fund a restricted account known as the
8847 "Prison Development Restricted Account."
8848 (b) The account created in Subsection (6)(a) is funded by legislative appropriations.
8849 (c) (i) The account shall earn interest or other earnings.
8850 (ii) The Division of Finance shall deposit interest or other earnings derived from the
8851 investment of account funds into the account.
8852 (d) Upon appropriation from the Legislature, money from the account shall be used to
8853 fund the Prison Project Fund created in Subsection (7).
8854 (7) (a) There is created a capital projects fund known as the "Prison Project Fund."
8855 (b) The fund consists of:
8856 (i) money appropriated to the fund by the Legislature; and
8857 (ii) proceeds from the issuance of bonds authorized in Section 63B-25-101 to provide
8858 funding for the prison project.
8859 (c) (i) The fund shall earn interest or other earnings.
8860 (ii) The Division of Finance shall deposit interest or other earnings derived from the
8861 investment of fund money into the fund.
8862 (d) Money in the fund shall be used by the division to fund the prison project.
8863 Section 100. Section 63F-2-102 is amended to read:
8864 63F-2-102. Data Security Management Council -- Membership -- Duties.
8865 (1) There is created the Data Security Management Council composed of nine
8866 members as follows:
8867 (a) the chief information officer appointed under Section 63F-1-201, or the chief
8868 information officer's designee;
8869 (b) one individual appointed by the governor;
8870 (c) one individual appointed by the speaker of the House of Representatives and the
8871 president of the Senate [
8872 and
8873 (d) the highest ranking information technology official, or the highest ranking
8874 information technology official's designee, from each of:
8875 (i) the Judicial Council;
8876 (ii) the State Board of Regents;
8877 (iii) the State Board of Education;
8878 (iv) the Utah System of Technical Colleges Board of Trustees;
8879 (v) the State Tax Commission; and
8880 (vi) the Office of the Attorney General.
8881 (2) The council shall elect a chair of the council by majority vote.
8882 (3) (a) A majority of the members of the council constitutes a quorum.
8883 (b) Action by a majority of a quorum of the council constitutes an action of the council.
8884 (4) The Department of Technology Services shall provide staff to the council.
8885 (5) The council shall meet quarterly, or as often as necessary, to:
8886 (a) review existing state government data security policies;
8887 (b) assess ongoing risks to state government information technology;
8888 (c) create a method to notify state and local government entities of new risks;
8889 (d) coordinate data breach simulation exercises with state and local government
8890 entities; and
8891 (e) develop data security best practice recommendations for state government that
8892 include recommendations regarding:
8893 (i) hiring and training a chief information security officer for each government entity;
8894 (ii) continuous risk monitoring;
8895 (iii) password management;
8896 (iv) using the latest technology to identify and respond to vulnerabilities;
8897 (v) protecting data in new and old systems; and
8898 (vi) best procurement practices.
8899 (6) A member who is not a member of the Legislature may not receive compensation
8900 or benefits for the member's service but may receive per diem and travel expenses as provided
8901 in:
8902 (a) Section 63A-3-106;
8903 (b) Section 63A-3-107; and
8904 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
8905 Section 101. Section 63G-1-401 is amended to read:
8906 63G-1-401. Commemorative periods.
8907 (1) The following days shall be commemorated annually:
8908 (a) Utah History Day at the Capitol, on the Friday immediately following the fourth
8909 Monday in January, to encourage citizens of the state, including students, to participate in
8910 activities that recognize Utah's history;
8911 (b) Utah State Flag Day, on March 9;
8912 (c) Vietnam Veterans Recognition Day, on March 29;
8913 (d) Utah Railroad Workers Day, on May 10;
8914 (e) Dandy-Walker Syndrome Awareness Day, on May 11;
8915 (f) Yellow Ribbon Day, on the third Monday in May, in honor of men and women who
8916 are serving or have served in the United States Armed Forces around the world in defense of
8917 freedom;
8918 (g) Juneteenth Freedom Day, on the third Saturday in June, in honor of Union General
8919 Gordon Granger proclaiming the freedom of all slaves on June 19, 1865, in Galveston, Texas;
8920 (h) Arthrogryposis Multiplex Congenita Awareness Day, on June 30;
8921 (i) Navajo Code Talker Day, on August 14;
8922 (j) Rachael Runyan/Missing and Exploited Children's Day, on August 26, the
8923 anniversary of the day three-year-old Rachael Runyan was kidnaped from a playground in
8924 Sunset, Utah, to:
8925 (i) encourage individuals to make child safety a priority;
8926 (ii) remember the importance of continued efforts to reunite missing children with their
8927 families; and
8928 (iii) honor Rachael Runyan and all Utah children who have been abducted or exploited;
8929 (k) Constitution Day, on September 17;
8930 (l) POW/MIA Recognition Day, on the third Friday in September;
8931 (m) Victims of Communism Memorial Day, on November 7;
8932 (n) Indigenous People Day, on the Monday immediately preceding Thanksgiving; and
8933 (o) Bill of Rights Day, on December 15.
8934 (2) The Department of Veterans and Military Affairs shall coordinate activities, special
8935 programs, and promotional information to heighten public awareness and involvement relating
8936 to Subsections (1)(f) and (l).
8937 (3) The month of April shall be commemorated annually as Clean Out the Medicine
8938 Cabinet Month to:
8939 (a) recognize the urgent need to make Utah homes and neighborhoods safe from
8940 prescription medication abuse and poisonings by the proper home storage and disposal of
8941 prescription and over-the-counter medications; and
8942 (b) educate citizens about the permanent medication disposal sites in Utah listed on
8943 useonlyasdirected.org that allow disposal throughout the year.
8944 (4) The second full week of April shall be commemorated annually as Animal Care
8945 and Control Appreciation Week to recognize and increase awareness within the community of
8946 the services that animal care and control professionals provide.
8947 (5) The first full week of May shall be commemorated annually as State Water Week
8948 to recognize the importance of water conservation, quality, and supply in the state.
8949 [
8950 Safety Week to heighten public awareness regarding the importance of safety in the workplace.
8951 [
8952
8953 (7) The second Friday and Saturday in August shall be commemorated annually as
8954 Utah Fallen Heroes Days to:
8955 (a) honor fallen heroes who, during service in the military or public safety, have
8956 sacrificed their lives to protect the country and the citizens of the state; and
8957 (b) encourage political subdivisions to acknowledge and honor fallen heroes.
8958 (8) The third full week in August shall be commemorated annually as Drowsy Driving
8959 Awareness Week to:
8960 (a) educate the public about the relationship between fatigue and driving performance;
8961 and
8962 (b) encourage the Department of Public Safety and the Department of Transportation to
8963 recognize and promote educational efforts on the dangers of drowsy driving.
8964 (9) The third full week of September shall be commemorated annually as Gang
8965 Prevention Awareness Week.
8966 [
8967 Heritage Month.
8968 [
8969 Indian Heritage Month.
8970 [
8971
8972 (12) The first full week of December shall be commemorated annually as Avalanche
8973 Awareness Week to:
8974 (a) educate the public about avalanche awareness and safety;
8975 (b) encourage collaborative efforts to decrease annual avalanche accidents and
8976 fatalities; and
8977 (c) honor Utah residents who have lost their lives in avalanches, including those who
8978 lost their lives working to prevent avalanches.
8979 Section 102. Section 63G-6a-204 is amended to read:
8980 63G-6a-204. Applicability of rules and regulations of Utah State Procurement
8981 Policy Board and State Building Board -- Report to interim committee.
8982 (1) Except as provided in Subsection (2), rules made by the board under this chapter
8983 shall govern all procurement units for which the board is the applicable rulemaking authority.
8984 (2) The building board rules governing procurement of construction, design
8985 professional services, and leases apply to the procurement of construction, design professional
8986 services, and leases of real property by the Division of Facilities Construction and
8987 Management.
8988 (3) An applicable rulemaking authority may make its own rules, consistent with this
8989 chapter, governing procurement by a person over which the applicable rulemaking authority
8990 has rulemaking authority.
8991 (4) The board shall make a report on or before July 1 of each year to a legislative
8992 interim committee, designated by the Legislative Management Committee created under
8993 Section 36-12-6, on the establishment, implementation, and enforcement of the rules made
8994 under Section 63G-6a-203.
8995 [
8996
8997
8998 [
8999 [
9000 Section 103. Section 63G-6a-712 is amended to read:
9001 63G-6a-712. Unsolicited proposals.
9002 (1) As used in this section, "unsolicited proposal"[
9003 [
9004 [
9005 [
9006 health care and to facilitate interaction regarding health and health care issues; and
9007 [
9008 [
9009 (2) (a) Subject to Subsection (2)(b), a person may submit an unsolicited proposal to a
9010 procurement unit at any time.
9011 (b) An unsolicited proposal may not be used to seek a procurement unit's consideration
9012 of a proposal after the expiration of the time for submitting proposals in response to a request
9013 for proposals.
9014 (3) An unsolicited proposal shall include:
9015 (a) a reference to this section and a statement that the unsolicited proposal is submitted
9016 under this section;
9017 (b) a conceptual description of the project that constitutes the procurement item that is
9018 the subject of the proposed public-private partnership;
9019 (c) a description of the economic benefit of the project to the state and the procurement
9020 unit;
9021 (d) information concerning the services or facilities currently being provided by the
9022 state or procurement unit that are similar to the project;
9023 (e) an estimate of the project costs for:
9024 (i) design;
9025 (ii) implementation;
9026 (iii) operation and maintenance; and
9027 (iv) any other related project cost; and
9028 (f) the name, address, telephone number, and email address of an individual who may
9029 be contacted for further information concerning the unsolicited proposal.
9030 (4) A procurement unit is not required to consider an unsolicited proposal.
9031 (5) A procurement unit may charge a person submitting an unsolicited proposal a fee to
9032 cover the actual cost of processing, considering, and evaluating the unsolicited proposal.
9033 (6) A procurement unit that receives an unsolicited proposal may not award a contract
9034 for the procurement item described in the unsolicited proposal unless:
9035 (a) the procurement unit first engages in a standard procurement process for proposals
9036 to provide the procurement item described in the unsolicited proposal; or
9037 (b) awarding the contract without the procurement unit engaging in a standard
9038 procurement process is allowed under Section 63G-6a-802.
9039 (7) If a procurement unit engages in a standard procurement process pursuant to
9040 Subsection (6)(a):
9041 (a) the procurement unit shall treat an unsolicited proposal as though it were submitted
9042 as a proposal in response to the solicitation; and
9043 (b) a person who has submitted an unsolicited proposal may, within the time provided
9044 in the solicitation for the submission of proposals, modify the unsolicited proposal to the extent
9045 necessary to address matters raised in the solicitation that were not addressed in the initial
9046 unsolicited proposal.
9047 (8) An applicable rulemaking authority may make rules to govern the submission,
9048 processing, consideration, and evaluation of an unsolicited proposal, including fees relating to
9049 the unsolicited proposal.
9050 (9) An unsolicited proposal is subject to Chapter 2, Government Records Access and
9051 Management Act, including, if applicable, provisions relating to a written claim of business
9052 confidentiality, as provided in Section 63G-2-309, for trade secrets, commercial information, or
9053 nonindividual financial information described in Subsection 63G-2-305(1) or (2).
9054 Section 104. Section 63G-6a-1209 is amended to read:
9055 63G-6a-1209. Leases.
9056 (1) As used in this section, "lease" means for a procurement unit to lease or
9057 lease-purchase a procurement item from a person.
9058 (2) This section does not apply to the lease of real property.
9059 (3) A procurement unit may not lease a procurement item unless the procurement unit
9060 complies with the requirements of this section.
9061 (4) A procurement unit may lease a procurement item if:
9062 (a) the procurement officer determines that it is in the best interest of the procurement
9063 unit to lease the procurement item, after the procurement officer:
9064 (i) investigates alternative means of obtaining the procurement item; and
9065 (ii) considers the costs and benefits of the alternative means of obtaining the
9066 procurement item;
9067 (b) all conditions for renewal and cost are included in the lease;
9068 (c) the lease is awarded through a standard procurement process, or an exception to a
9069 standard procurement process described in Part 8, Exceptions to Procurement Requirements;
9070 (d) for a standard procurement process, the invitation for bids, request for proposals, or
9071 request for quotes states:
9072 (i) that the procurement unit is seeking, or willing to consider, a lease; and
9073 (ii) for a lease purchase, that the procurement unit is seeking, or willing to consider, a
9074 lease-purchase;
9075 (e) the lease is not used to avoid competition; and
9076 (f) the lease complies [
9077 lease.
9078 Section 105. Section 63G-6a-1403 is amended to read:
9079 63G-6a-1403. Procurement of tollway development agreements.
9080 (1) As used in this section, "tollway development agreement" [
9081 that term is defined in Section 72-6-202.
9082 (2) The Department of Transportation and the Transportation Commission:
9083 (a) may solicit a tollway development agreement proposal by following the
9084 requirements of this section;
9085 (b) may award a solicited tollway development agreement contract for any tollway
9086 project by following the requirements of this section; and
9087 (c) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
9088 Rulemaking Act, establishing requirements for the procurement of tollway development
9089 agreement proposals in addition to those required by this section.
9090 (3) (a) Before entering into a tollway development agreement, the Department of
9091 Transportation may issue a request for qualifications to prequalify potential contractors.
9092 (b) Public notice of the request for qualifications shall be given in accordance with
9093 board rules.
9094 (c) The Department of Transportation shall require, as part of the qualifications
9095 specified in the request for qualifications, that potential contractors at least provide:
9096 (i) a demonstration of their experience with other transportation concession projects
9097 with attributes similar to the project being procured;
9098 (ii) a financial statement of the firm or consortium of firms making the proposal;
9099 (iii) a conceptual project development plan and financing plan;
9100 (iv) the legal structure of the firm or consortium of firms making the proposal;
9101 (v) the organizational structure for the project; and
9102 (vi) a statement describing why the firm or consortium of firms is best qualified for the
9103 project.
9104 (d) The request for qualifications shall identify the number of eligible competing
9105 offerors that the Department of Transportation will select to submit a proposal.
9106 (4) The Department of Transportation shall:
9107 (a) evaluate the responses received from the request for qualifications;
9108 (b) select from their number those qualified to submit proposals; and
9109 (c) invite those respondents to submit proposals based upon the Department of
9110 Transportation's request for proposals.
9111 (5) The Department of Transportation shall issue a request for proposals to those
9112 qualified respondents that may require, as appropriate for the procurement:
9113 (a) a description of the proposed project or projects;
9114 (b) a financial plan for the project, including:
9115 (i) the anticipated financial commitment of all parties;
9116 (ii) equity, debt, and other financing mechanisms;
9117 (iii) an analysis of the projected return, rate of return, or both; and
9118 (iv) the monetary benefit and other value to a government entity;
9119 (c) assumptions about user fees or toll rates;
9120 (d) a project development and management plan, including:
9121 (i) the contracting structure;
9122 (ii) the plan for quality management;
9123 (iii) the proposed toll enforcement plan; and
9124 (iv) the plan for safety management; and
9125 (e) that the proposal [
9126 development agreement proposals under Section 72-6-204.
9127 (6) The Department of Transportation and the Transportation Commission:
9128 (a) shall evaluate the submissions received in response to the request for proposals
9129 from the prequalified offerors;
9130 (b) shall comply with rules relating to discussion of proposals, best and final offers,
9131 and evaluations of the proposals submitted; and
9132 (c) may, after considering price and other identified factors and complying with the
9133 requirements of Section 72-6-206, award the contract to the responsible offeror whose
9134 responsive proposal is most advantageous to the state.
9135 Section 106. Section 63H-1-201 is amended to read:
9136 63H-1-201. Creation of military installation development authority -- Status and
9137 powers of authority -- Limitation.
9138 (1) There is created a military installation development authority.
9139 (2) The authority is:
9140 (a) an independent, nonprofit, separate body corporate and politic, with perpetual
9141 succession and statewide jurisdiction, whose purpose is to facilitate the development of land
9142 within a project area or on military land associated with a project area;
9143 (b) a political subdivision of the state; and
9144 (c) a public corporation, as defined in Section 63E-1-102.
9145 (3) The authority may:
9146 (a) as provided in this chapter, facilitate the development of land within one or more
9147 project areas, including the ongoing operation of facilities within a project area, or
9148 development of military land associated with a project area;
9149 (b) sue and be sued;
9150 (c) enter into contracts generally;
9151 (d) buy, obtain an option upon, or otherwise acquire any interest in real or personal
9152 property:
9153 (i) in a project area; or
9154 (ii) outside a project area for publicly owned infrastructure and improvements, if the
9155 board considers the purchase, option, or other interest acquisition to be necessary for fulfilling
9156 the authority's development objectives;
9157 (e) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
9158 personal property;
9159 (f) enter into a lease agreement on real or personal property, either as lessee or lessor:
9160 (i) in a project area; or
9161 (ii) outside a project area, if the board considers the lease to be necessary for fulfilling
9162 the authority's development objectives;
9163 (g) provide for the development of land within a project area or military land
9164 associated with the project area under one or more contracts;
9165 (h) exercise powers and perform functions under a contract, as authorized in the
9166 contract;
9167 (i) exercise exclusive police power within a project area to the same extent as though
9168 the authority were a municipality, including the collection of regulatory fees;
9169 (j) receive the property tax allocation and other taxes and fees as provided in this
9170 chapter;
9171 (k) accept financial or other assistance from any public or private source for the
9172 authority's activities, powers, and duties, and expend any funds so received for any of the
9173 purposes of this chapter;
9174 (l) borrow money, contract with, or accept financial or other assistance from the federal
9175 government, a public entity, or any other source for any of the purposes of this chapter and
9176 comply with any conditions of the loan, contract, or assistance;
9177 (m) issue bonds to finance the undertaking of any development objectives of the
9178 authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and
9179 Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
9180 (n) hire employees, including contract employees;
9181 (o) transact other business and exercise all other powers provided for in this chapter;
9182 (p) enter into a development agreement with a developer of land within a project area;
9183 (q) enter into an agreement with a political subdivision of the state under which the
9184 political subdivision provides one or more municipal services within a project area;
9185 (r) enter into an agreement with a private contractor to provide one or more municipal
9186 services within a project area;
9187 (s) provide for or finance an energy efficiency upgrade, a renewable energy system, or
9188 electric vehicle charging infrastructure as defined in Section [
9189 accordance with Title 11, Chapter [
9190 Assessed Clean Energy Act;
9191 (t) exercise powers and perform functions that the authority is authorized by statute to
9192 exercise or perform; and
9193 (u) enter into an agreement with the federal government or an agency of the federal
9194 government under which the federal government or agency:
9195 (i) provides law enforcement services only to military land within a project area; and
9196 (ii) may enter into a mutual aid or other cooperative agreement with a law enforcement
9197 agency of the state or a political subdivision of the state.
9198 (4) The authority may not itself provide law enforcement service or fire protection
9199 service within a project area but may enter into an agreement for one or both of those services,
9200 as provided in Subsection (3)(q).
9201 Section 107. Section 63I-1-230 is amended to read:
9202 63I-1-230. Repeal dates, Title 30.
9203 Sections 30-1-34[
9204 Section 108. Section 63I-1-253 is amended to read:
9205 63I-1-253. Repeal dates, Titles 53 through 53G.
9206 The following provisions are repealed on the following dates:
9207 (1) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
9208 repealed July 1, 2022.
9209 (2) Subsection 53-13-104(6), regarding being 19 years old at certification, is repealed
9210 July 1, 2022.
9211 (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
9212 (4) Section 53B-18-1501 is repealed July 1, 2021.
9213 (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
9214 (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
9215 (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
9216 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
9217 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
9218 (8) Section 53E-3-515 is repealed January 1, 2023.
9219 (9) In relation to a standards review committee, on January 1, 2023:
9220 (a) in Subsection 53E-4-202(8), the language that states "by a standards review
9221 committee and the recommendations of a standards review committee established under
9222 Section 53E-4-203" is repealed; and
9223 (b) Section 53E-4-203 is repealed.
9224 (10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
9225 (a) Subsection 53B-17-1201(1) is repealed;
9226 (b) Section 53B-17-1203 is repealed;
9227 (c) Subsection 53B-17-1204(2) is repealed;
9228 (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
9229 method described in Subsection (4)(c)" is repealed; and
9230 (e) Subsection 53B-17-1204(4)(c) is repealed.
9231 (11) Section 53F-2-514 is repealed July 1, 2020.
9232 (12) Section 53F-5-203 is repealed July 1, 2024.
9233 (13) Section 53F-5-212 is repealed July 1, 2024.
9234 (14) Section 53F-5-213 is repealed July 1, 2023.
9235 (15) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education State
9236 Plan Pilot Program, is repealed July 1, 2022.
9237 [
9238 [
9239 [
9240 Commission, are repealed January 1, 2025.
9241 [
9242 C misdemeanor, is repealed July 1, 2020.
9243 Section 109. Section 63I-1-263 is amended to read:
9244 63I-1-263. Repeal dates, Titles 63A to 63N.
9245 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
9246 (a) Subsection 63A-1-201(1) is repealed;
9247 (b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
9248 the board" is repealed;
9249 (c) Section 63A-1-203 is repealed;
9250 (d) Subsections 63A-1-204(1) and (2), the language that states "After consultation with
9251 the board, and" is repealed; and
9252 (e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided
9253 in Subsection 63A-1-203(3)(c)" is repealed.
9254 (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
9255 improvement funding, is repealed on July 1, 2024.
9256 (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
9257 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
9258 1, 2028.
9259 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
9260 2025.
9261 [
9262
9263 [
9264 is repealed July 1, 2021.
9265 [
9266 July 1, 2023.
9267 [
9268 1, 2025.
9269 [
9270 July 1, 2020.
9271 [
9272 2025:
9273 (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
9274 (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
9275 (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
9276 be a legislator, in accordance with Subsection (3)(e)," is repealed;
9277 (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
9278 "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
9279 Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
9280 year that the board member was appointed.";
9281 (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
9282 president of the Senate, the speaker of the House, the governor," is repealed and replaced with
9283 "the governor"; and
9284 (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
9285 repealed.
9286 [
9287 2026.
9288 [
9289 [
9290 (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
9291 Development Coordinating Committee," is repealed;
9292 (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
9293 sites for the transplant of species to local government officials having jurisdiction over areas
9294 that may be affected by a transplant.";
9295 (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
9296 Coordinating Committee" is repealed;
9297 (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
9298 Coordinating Committee created in Section 63J-4-501 and" is repealed;
9299 (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
9300 Coordinating Committee and" is repealed;
9301 (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
9302 accordingly;
9303 (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
9304 (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
9305 word "and" is inserted immediately after the semicolon;
9306 (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
9307 (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
9308 and
9309 (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
9310 renumbered accordingly.
9311 [
9312 Account, is repealed July 1, 2026.
9313 (14) (a) Subsection 63J-1-602.1(55), relating to the Utah Statewide Radio System
9314 Restricted Account, is repealed July 1, 2022.
9315 (b) When repealing Subsection 63J-1-602.1(55), the Office of Legislative Research and
9316 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
9317 necessary changes to subsection numbering and cross references.
9318 [
9319 Marriage Commission, is repealed July 1, 2023.
9320 [
9321 repealed July 1, 2022.
9322 [
9323
9324 [
9325
9326
9327 [
9328 Commission, is repealed January 1, 2025.
9329 [
9330
9331 [
9332
9333
9334 [
9335 on January 1, 2023:
9336 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
9337 repealed;
9338 (b) Section 63M-7-305, the language that states "council" is replaced with
9339 "commission";
9340 (c) Subsection 63M-7-305(1) is repealed and replaced with:
9341 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
9342 (d) Subsection 63M-7-305(2) is repealed and replaced with:
9343 "(2) The commission shall:
9344 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
9345 Drug-Related Offenses Reform Act; and
9346 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
9347 Subsections 77-18-1(5)(b)(iii) and (iv).".
9348 [
9349 63M-7-504, is repealed July 1, 2027.
9350 [
9351 2021.
9352 [
9353 repealed on January 1, 2023.
9354 [
9355 [
9356 is repealed January 1, 2021.
9357 (b) Subject to Subsection [
9358 tax credits for certain persons in recycling market development zones, are repealed for taxable
9359 years beginning on or after January 1, 2021.
9360 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
9361 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
9362 59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
9363 (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
9364 the expenditure is made on or after January 1, 2021.
9365 (d) Notwithstanding Subsections [
9366 tax credit in accordance with Section 59-7-610 or 59-10-1007 if:
9367 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
9368 (ii) (A) for the purchase price of machinery or equipment described in Section
9369 59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
9370 2020; or
9371 (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
9372 expenditure is made on or before December 31, 2020.
9373 [
9374 [
9375 January 1, 2021.
9376 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
9377 calendar years beginning on or after January 1, 2021.
9378 (c) Notwithstanding Subsection [
9379 in accordance with Section 59-9-107 if:
9380 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
9381 31, 2020; and
9382 (ii) the qualified equity investment that is the basis of the tax credit is certified under
9383 Section 63N-2-603 on or before December 31, 2023.
9384 [
9385 2023.
9386 [
9387 repealed July 1, 2023.
9388 [
9389 Program, is repealed January 1, 2023.
9390 [
9391 2021:
9392 (a) Subsection 63N-10-201(2)(a) is amended to read:
9393 "(2) (a) The governor shall appoint five commission members with the advice and
9394 consent of the Senate.";
9395 (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
9396 (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
9397 respectively," is repealed; and
9398 (d) Subsection 63N-10-201(3)(d) is amended to read:
9399 "(d) The governor may remove a commission member for any reason and replace the
9400 commission member in accordance with this section.".
9401 [
9402 (a) Subsection 9-22-102(16) is repealed;
9403 (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
9404 repealed; and
9405 (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
9406 Utah," is repealed.
9407 [
9408 January 1, 2023.
9409 Section 110. Section 63I-2-226 is amended to read:
9410 63I-2-226. Repeal dates -- Title 26.
9411 (1) Subsection 26-7-8(3) is repealed January 1, 2027.
9412 (2) Section 26-8a-107 is repealed July 1, 2024.
9413 (3) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
9414 [
9415 [
9416 [
9417 improvement program, is repealed January 1, 2023.
9418 [
9419 [
9420 [
9421 [
9422 [
9423 Program, is repealed July 1, 2027.
9424 [
9425 [
9426 [
9427 [
9428 [
9429 [
9430 [
9431 Section 111. Section 63I-2-231 is amended to read:
9432 63I-2-231. Repeal dates -- Title 31A.
9433 [
9434
9435 [
9436
9437 Section 112. Section 63I-2-235 is amended to read:
9438 63I-2-235. Repeal dates -- Title 35A.
9439 [
9440 [
9441 [
9442 Section 113. Section 63I-2-253 is amended to read:
9443 63I-2-253. Repeal dates -- Titles 53 through 53G.
9444 [
9445
9446 [
9447
9448
9449 [
9450 technical college board of directors, is repealed July 1, 2022.
9451 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
9452 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
9453 necessary changes to subsection numbering and cross references.
9454 [
9455 [
9456 provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
9457 (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
9458 change in performance with the technical college's average performance, is repealed July 1,
9459 2021.
9460 [
9461 provided in Subsection (3)(b)," is repealed July 1, 2021.
9462 (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
9463 during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
9464 [
9465 [
9466 [
9467 repealed on July 1, 2023:
9468 (i) Section 53B-8-202;
9469 (ii) Section 53B-8-203;
9470 (iii) Section 53B-8-204; and
9471 (iv) Section 53B-8-205.
9472 (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
9473 students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
9474 (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
9475 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
9476 necessary changes to subsection numbering and cross references.
9477 [
9478 [
9479 repealed July 1, 2023.
9480 [
9481 2020.
9482 [
9483 [
9484 performance and continued funding relating to the School Recognition and Reward Program, is
9485 repealed July 1, 2020.
9486 [
9487 [
9488 Education's duties if contributions from the minimum basic tax rate are overestimated or
9489 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
9490 2023.
9491 [
9492 repealed July 1, 2023.
9493 [
9494 applicable" is repealed July 1, 2023.
9495 [
9496 [
9497 applicable" is repealed July 1, 2023.
9498 [
9499 applicable" is repealed July 1, 2023.
9500 [
9501 applicable" is repealed July 1, 2023.
9502 [
9503 as applicable" is repealed July 1, 2023.
9504 [
9505 Legislative Research and General Counsel shall, in addition to the office's authority under
9506 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
9507 identified in this section are complete sentences and accurately reflect the office's perception of
9508 the Legislature's intent.
9509 Section 114. Section 63I-2-258 is amended to read:
9510 63I-2-258. Repeal dates -- Title 58.
9511 [
9512 Section 115. Section 63I-2-259 is amended to read:
9513 63I-2-259. Repeal dates -- Title 59.
9514 [
9515 [
9516 repealed July 1, 2023.
9517 [
9518 Section 116. Section 63I-2-263 is amended to read:
9519 63I-2-263. Repeal dates, Title 63A to Title 63N.
9520 (1) On July 1, 2020:
9521 (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
9522 (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
9523 May 8, 2018," is repealed.
9524 (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
9525 (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
9526 repealed July 1, 2020.
9527 (4) The following sections regarding the World War II Memorial Commission are
9528 repealed on July 1, 2020:
9529 (a) Section 63G-1-801;
9530 (b) Section 63G-1-802;
9531 (c) Section 63G-1-803; and
9532 (d) Section 63G-1-804.
9533 (5) In relation to the State Fair Park Committee, on January 1, 2021:
9534 (a) Section 63H-6-104.5 is repealed; and
9535 (b) Subsections 63H-6-104(8) and (9) are repealed.
9536 (6) Section 63H-7a-303 is repealed on July 1, 2022.
9537 (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
9538 (a) Subsection 63J-1-602.1[
9539 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
9540 and
9541 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
9542 [
9543 Section 117. Section 63I-2-272 is amended to read:
9544 63I-2-272. Repeal dates -- Title 72.
9545 [
9546 Committee, are repealed January 1, 2022.
9547 [
9548 [
9549
9550 [
9551
9552
9553 [
9554 Section 118. Section 63J-4-608 is amended to read:
9555 63J-4-608. Facilitating the acquisition of federal land -- Advisory committee.
9556 (1) As used in this section:
9557 (a) "Advisory committee" means the committee established under Subsection (3).
9558 (b) "Federal land" means land that the secretary is authorized to dispose of under the
9559 federal land disposal law.
9560 (c) "Federal land disposal law" means the Recreation and Public Purposes Act, 43
9561 U.S.C. Sec. 869 et seq.
9562 (d) "Government entity" means any state or local government entity allowed to submit
9563 a land application under the federal land disposal law.
9564 (e) "Land application" means an application under the federal land disposal law
9565 requesting the secretary to sell or lease federal land.
9566 (f) "Land application process" means all actions involved in the process of submitting
9567 and obtaining a final decision on a land application.
9568 (g) "Secretary" means the Secretary of the Interior of the United States.
9569 (2) The coordinator and the office shall:
9570 (a) develop expertise:
9571 (i) in the land application process; and
9572 (ii) concerning the factors that tend to increase the chances that a land application will
9573 result in the secretary selling or leasing federal land as requested in the land application;
9574 (b) work to educate government entities concerning:
9575 (i) the availability of federal land pursuant to the federal land disposal law; and
9576 (ii) the land application process;
9577 (c) advise and consult with a government entity that requests assistance from the
9578 coordinator or the office to formulate and submit a land application and to pursue a decision on
9579 the land application;
9580 (d) advise and consult with a government entity that requests assistance from the
9581 coordinator or the office to identify and quantify the amount of any funds needed to provide the
9582 public use described in a land application;
9583 (e) with the advice and recommendations of the advisory committee:
9584 (i) adopt a list of factors to be considered in determining the degree to which a land
9585 application or potential land application is in the public interest; and
9586 (ii) recommend a prioritization of all land applications or potential land applications in
9587 the state according to the extent to which the land applications are in the public interest, based
9588 on the factors adopted under Subsection (2)(f)(i);
9589 (f) prepare and submit a written report of land applications:
9590 (i) to the Natural Resources, Agriculture, and Environment Interim Committee and the
9591 Federalism Commission [
9592 (ii) (A) annually no later than August 31; and
9593 (B) at other times, if and as requested by the committee or commission; and
9594 (iii) (A) on the activities of the coordinator and the office under this section;
9595 (B) on the land applications and potential land applications in the state; and
9596 (C) on the decisions of the secretary on land applications submitted by government
9597 entities in the state and the quantity of land acquired under the land applications;
9598 (g) present a summary of information contained in the report described in Subsection
9599 (3)(f):
9600 (i) at a meeting of the Natural Resources, Agriculture, and Environment Interim
9601 Committee and at a meeting of the Federalism Commission [
9602
9603 (ii) annually no later than August 31; and
9604 (iii) at other times, if and as requested by the committee or commission; and
9605 (h) report to the Executive Appropriations Committee of the Legislature, as frequently
9606 as the coordinator considers appropriate or as requested by the committee, on the need for
9607 legislative appropriations to provide funds for the public purposes described in land
9608 applications.
9609 (3) (a) There is created a committee comprised of:
9610 (i) an individual designated by the chairs of the Federalism Commission [
9611
9612 (ii) an individual designated by the director of the Division of Facilities Construction
9613 and Management;
9614 (iii) a representative of the Antiquities Section, created in Section 9-8-304, designated
9615 by the director of the Division of State History;
9616 (iv) a representative of municipalities designated by the Utah League of Cities and
9617 Towns;
9618 (v) a representative of counties designated by the Utah Association of Counties;
9619 (vi) an individual designated by the Governor's Office of Economic Development; and
9620 (vii) an individual designated by the director of the Division of Parks and Recreation,
9621 created in Section 79-4-201.
9622 (b) The seven members of the advisory committee under Subsection (3)(a) may, by
9623 majority vote, appoint up to four additional volunteer members of the advisory committee.
9624 (c) The advisory committee shall advise and provide recommendations to the
9625 coordinator and the office on:
9626 (i) factors the coordinator and office should consider in determining the degree to
9627 which a land application or potential land application is in the public interest; and
9628 (ii) the prioritization of land applications or potential land applications in the state
9629 according to the extent to which the land applications are in the public interest, based on the
9630 factors adopted under Subsection (2)(f)(i).
9631 (d) A member of the advisory committee may not receive compensation, benefits, or
9632 expense reimbursement for the member's service on the advisory committee.
9633 (e) The advisory committee may:
9634 (i) select a chair from among the advisory committee members; and
9635 (ii) meet as often as necessary to perform the advisory committee's duties under this
9636 section.
9637 (f) The coordinator shall facilitate the convening of the first meeting of the advisory
9638 committee.
9639 Section 119. Section 63M-2-503 is amended to read:
9640 63M-2-503. USTAR grant programs.
9641 (1) USTAR shall establish at least one competitive grant program that:
9642 (a) is designed to:
9643 (i) address market gaps in technology development in the state; or
9644 (ii) facilitate research and development of promising technologies;
9645 (b) does not overlap with or duplicate other state funded programs; and
9646 (c) offers grants, on a competitive basis, to:
9647 (i) researchers employed by higher education institutions;
9648 (ii) private entities; or
9649 (iii) partnerships between researchers employed by higher education institutions and
9650 private entities.
9651 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
9652 USTAR shall make rules that describe, for each grant program:
9653 (a) the purpose;
9654 (b) eligibility criteria to receive a grant;
9655 (c) how USTAR determines which proposals receive grants;
9656 (d) reporting requirements in accordance with Part 7, Reporting by Recipients of
9657 USTAR Support; and
9658 (e) other information USTAR determines is necessary or appropriate.
9659 (3) USTAR:
9660 (a) shall solicit proposals for each grant program; and
9661 (b) may, subject to legislative appropriation and Subsection 63M-2-502(1)(b), award
9662 grants for each program.
9663 (4) In evaluating a grant proposal received in response to a solicitation under this
9664 section, USTAR shall consider, as applicable:
9665 (a) the extent to which the planned research has the potential for commercialization;
9666 (b) the market gap the technology or research fills; and
9667 (c) other factors USTAR determines are relevant, important, or necessary.
9668 (5) USTAR shall require a recipient of a grant under this section, as a condition of
9669 receiving a grant, to comply with the reporting requirements described in[
9670
9671 partnership between a USTAR researcher and a private entity.
9672 (6) Beginning on July 1, 2019, USTAR:
9673 (a) may not establish any new competitive grant programs;
9674 (b) may not award new grants related to any existing competitive grant program; and
9675 (c) may continue to pay grant money for a grant awarded before July 1, 2019, in
9676 accordance with the written terms of the grant.
9677 Section 120. Section 63M-2-504 is amended to read:
9678 63M-2-504. Other USTAR support.
9679 (1) USTAR may:
9680 (a) provide mentoring, networking, and entrepreneurial training for a private entity or
9681 USTAR researcher to help take a new technology to market;
9682 (b) provide support to a private entity or USTAR researcher in assessing the potential
9683 for bringing a technology to market; and
9684 (c) encourage industry partnerships between a private entity and a USTAR researcher.
9685 (2) USTAR shall require a recipient of USTAR support under this section, as a
9686 condition of receiving USTAR support, to comply with the reporting requirements in[
9687
9688 for a partnership between a USTAR researcher and a private entity.
9689 Section 121. Section 63M-7-202 is amended to read:
9690 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
9691 United States Attorney as nonvoting member.
9692 (1) The commission on criminal and juvenile justice shall be composed of 25 voting
9693 members as follows:
9694 (a) the chief justice of the supreme court, as the presiding officer of the judicial
9695 council, or a judge designated by the chief justice;
9696 (b) the state court administrator or the state court administrator's designee;
9697 (c) the executive director of the Department of Corrections or the executive director's
9698 designee;
9699 (d) the executive director of the Department of Human Services or the executive
9700 director's designee;
9701 (e) the commissioner of the Department of Public Safety or the commissioner's
9702 designee;
9703 (f) the attorney general or an attorney designated by the attorney general;
9704 (g) the president of the chiefs of police association or a chief of police designated by
9705 the association's president;
9706 (h) the president of the sheriffs' association or a sheriff designated by the association's
9707 president;
9708 (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
9709 and Parole designated by the chair;
9710 (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
9711 Commission designated by the chair;
9712 (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
9713 member of the Utah Substance Use and Mental Health Advisory Council designated by the
9714 chair;
9715 (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
9716 Juvenile Justice designated by the chair;
9717 (m) the chair of the Utah Council on Victims of Crime [
9718 member of the Utah Council on Victims of Crime designated by the chair;
9719 (n) the executive director of the Salt Lake Legal Defender Association or an attorney
9720 designated by the executive director;
9721 (o) the chair of the Utah Indigent Defense Commission or a member of the Indigent
9722 Defense Commission designated by the chair;
9723 (p) the Salt Lake County District Attorney or an attorney designated by the district
9724 attorney; and
9725 (q) the following members designated to serve four-year terms:
9726 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
9727 Judicial Council;
9728 (ii) a representative of the statewide association of public attorneys designated by the
9729 association's officers;
9730 (iii) one member of the House of Representatives who is appointed by the speaker of
9731 the House of Representatives; and
9732 (iv) one member of the Senate who is appointed by the president of the Senate.
9733 (2) The governor shall appoint the remaining five members to four-year staggered
9734 terms as follows:
9735 (a) one criminal defense attorney appointed from a list of three nominees submitted by
9736 the Utah State Bar Association;
9737 (b) one attorney who primarily represents juveniles in delinquency matters appointed
9738 from a list of three nominees submitted by the Utah Bar Association;
9739 (c) one representative of public education;
9740 (d) one citizen representative; and
9741 (e) a representative from a local faith who has experience with the criminal justice
9742 system.
9743 (3) In addition to the members designated under Subsections (1) and (2), the United
9744 States Attorney for the district of Utah or an attorney designated by the United States Attorney
9745 may serve as a nonvoting member.
9746 (4) In appointing the members under Subsection (2), the governor shall take into
9747 account the geographical makeup of the commission.
9748 Section 122. Section 63M-13-202 is amended to read:
9749 63M-13-202. Duties of the commission.
9750 (1) The responsibilities of the commission include:
9751 (a) supporting Utah parents and families, who have family members that are in early
9752 childhood, by providing comprehensive and accurate information regarding the availability of
9753 voluntary services that are available to children in early childhood from state agencies and
9754 other private and public entities;
9755 (b) facilitating improved coordination between state agencies and community partners
9756 that provide services to children in early childhood;
9757 (c) sharing and analyzing information regarding early childhood issues in the state;
9758 (d) developing and coordinating a comprehensive delivery system of services for
9759 children in early childhood that addresses the following four areas:
9760 (i) family support and safety;
9761 (ii) health and development;
9762 (iii) early learning; and
9763 (iv) economic development; and
9764 (e) identifying opportunities for and barriers to the alignment of standards, rules,
9765 policies, and procedures across programs and agencies that support children in early childhood.
9766 (2) To fulfill the responsibilities described in Subsection (1), the commission shall:
9767 (a) directly engage with parents, families, community members, and public and private
9768 service providers to identify and address:
9769 (i) the quality, effectiveness, and availability of existing services for children in early
9770 childhood and the coordination of those services;
9771 (ii) gaps and barriers to entry in the provision of services for children in early
9772 childhood; and
9773 (iii) community-based solutions in improving the quality, effectiveness, and
9774 availability of services for children in early childhood;
9775 (b) seek regular and ongoing feedback from a wide range of entities and individuals
9776 that use or provide services for children in early childhood, including entities and individuals
9777 that use, represent, or provide services for any of the following:
9778 (i) children in early childhood who live in urban, suburban, or rural areas of the state;
9779 (ii) children in early childhood with varying socioeconomic backgrounds;
9780 (iii) children in early childhood with varying ethnic or racial heritage;
9781 (iv) children in early childhood from various geographic areas of the state; and
9782 (v) children in early childhood with special needs;
9783 (c) study, evaluate, and report on the status and effectiveness of policies, procedures,
9784 and programs that provide services to children in early childhood;
9785 (d) study and evaluate the effectiveness of policies, procedures, and programs
9786 implemented by other states and nongovernmental entities that address the needs of children in
9787 early childhood;
9788 (e) identify policies, procedures, and programs that are impeding efforts to help
9789 children in early childhood in the state and recommend and implement changes to those
9790 policies, procedures, and programs;
9791 (f) identify policies, procedures, and programs related to children in early childhood in
9792 the state that are inefficient or duplicative and recommend and implement changes to those
9793 policies, procedures, and programs;
9794 (g) recommend policy, procedure, and program changes to address the needs of
9795 children in early childhood;
9796 (h) develop methods for using interagency information to inform comprehensive policy
9797 and budget decisions relating to early childhood services;
9798 (i) develop, recommend, and coordinate a comprehensive delivery system of services
9799 for children in early childhood; and
9800 (j) develop strategies and monitor efforts concerning:
9801 (i) increasing school readiness;
9802 (ii) improving access to child care and early education programs; and
9803 (iii) improving family and community engagement in early childhood education and
9804 development.
9805 (3) In fulfilling the duties of the commission, the commission shall collaborate with the
9806 Early Childhood Utah Advisory Council created in Section [
9807 (4) In fulfilling the commission's duties, the commission may:
9808 (a) request and receive, from any state or local governmental agency or institution,
9809 information relating to early childhood, including reports, audits, projections, and statistics;
9810 and
9811 (b) appoint special advisory groups to advise and assist the commission.
9812 (5) Members of a special advisory group described in Subsection (4)(b):
9813 (a) shall be appointed by the commission;
9814 (b) may include:
9815 (i) members of the commission; and
9816 (ii) individuals from the private or public sector; and
9817 (c) may not receive reimbursement or pay for work done in relation to the special
9818 advisory group.
9819 (6) A special advisory group created in accordance with Subsection (4)(b) shall report
9820 to the commission on the progress of the special advisory group.
9821 Section 123. Section 63N-1-501 is amended to read:
9822 63N-1-501. Governor's Economic Development Coordinating Council --
9823 Membership -- Expenses.
9824 (1) There is created in the office the Governor's Economic Development Coordinating
9825 Council, consisting of the following [
9826 (a) the executive director, who shall serve as chair of the council;
9827 (b) the chair of the board or the chair's designee;
9828 [
9829
9830 [
9831 63C-10-102 or the chair's designee;
9832 [
9833 created in Section 63N-6-301 or the chair's designee;
9834 [
9835 organization or the chair's designee;
9836 [
9837 chair's designee; and
9838 [
9839 have expertise in business, economic development, entrepreneurship, or the raising of venture
9840 or seed capital for research and business growth.
9841 (2) (a) The four members appointed by the governor may serve for no more than two
9842 consecutive two-year terms.
9843 (b) The governor shall appoint a replacement if a vacancy occurs from the membership
9844 appointed under Subsection (1)[
9845 (3) Six members of the council constitute a quorum for the purpose of conducting
9846 council business and the action of a majority of a quorum constitutes the action of the council.
9847 (4) A member may not receive compensation or benefits for the member's service on
9848 the council, but may receive per diem and travel expenses in accordance with:
9849 (a) Sections 63A-3-106 and 63A-3-107; and
9850 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
9851 (5) The office shall provide office space and administrative staff support for the
9852 council.
9853 (6) The council, as a governmental entity, has all the rights, privileges, and immunities
9854 of a governmental entity of the state and its meetings are subject to Title 52, Chapter 4, Open
9855 and Public Meetings Act.
9856 Section 124. Section 63N-4-302 is amended to read:
9857 63N-4-302. Definitions.
9858 As used in this part:
9859 (1) (a) "Affiliate" means a person that directly, or indirectly through one or more
9860 intermediaries, controls, is controlled by, or is under common control with another person.
9861 (b) For the purposes of this part, a person controls another person if the person holds,
9862 directly or indirectly, the majority voting or ownership interest in the controlled person or has
9863 control over the day-to-day operations of the controlled person by contract or by law.
9864 (2) "Claimant" means a resident or nonresident person that has state taxable income.
9865 (3) "Closing date" means the date on which a rural investment company has collected
9866 all of the investments described in Subsection 63N-4-303(7).
9867 (4) (a) "Credit-eligible contribution" means an investment of cash by a claimant in a
9868 rural investment company that is or will be eligible for a tax credit as evidenced by notification
9869 issued by the office under Subsection 63N-4-303(5)(c).
9870 (b) The investment shall purchase an equity interest in the rural investment company or
9871 purchase, at par value or premium, a debt instrument issued by the rural investment company
9872 that has a maturity date at least five years after the closing date.
9873 (5) "Eligible small business" means a business that at the time of an initial growth
9874 investment in the business by a rural investment company:
9875 (a) has fewer than 150 employees;
9876 (b) has less than $10,000,000 in net income for the preceding taxable year;
9877 (c) maintains the business's principal business operations in the state; and
9878 (d) is engaged in an industry related to:
9879 (i) aerospace;
9880 (ii) defense;
9881 (iii) energy and natural resources;
9882 (iv) financial services;
9883 (v) life sciences;
9884 (vi) outdoor products;
9885 (vii) software development;
9886 (viii) information technology;
9887 (ix) manufacturing; or
9888 (x) agribusiness.
9889 (6) (a) "Excess return" means the difference between:
9890 (i) the present value of all growth investments made by a rural investment company on
9891 the day the rural investment company applies to exit the program under Section 63N-4-309,
9892 including the present value of all distributions and gains from the growth investments; and
9893 (ii) the sum of the amount of the original growth investment and an amount equal to
9894 any projected increase in the equity holder's federal or state tax liability, including penalties and
9895 interest, related to the equity holder's ownership, management, or operation of the rural
9896 investment company.
9897 (b) If the amount calculated in Subsection (6)(a) is less than zero, the excess return is
9898 equal to zero.
9899 (7) "Federally licensed rural business investment company" means a person licensed as
9900 a rural business investment company under 7 U.S.C. Sec. 2009cc.
9901 (8) "Federally licensed small business investment company" means a person licensed
9902 as a small business investment company under 15 U.S.C. Sec. 681.
9903 (9) (a) "Full-time employee" means an employee that throughout the year works at
9904 least 30 hours per week or meets the customary practices accepted by that industry as full time.
9905 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9906 office may make rules that establish additional hour or other criteria to determine what
9907 constitutes a full-time employee.
9908 (10) "Growth investment" means any capital or equity investment in an eligible small
9909 business or any loan made from the investment authority to an eligible small business with a
9910 stated maturity at least one year after the date of issuance.
9911 (11) (a) "High wage" means a wage that is at least 100% of the county average wage.
9912 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9913 office may make rules that establish additional criteria to determine what constitutes a high
9914 wage.
9915 (12) "Investment authority" means the minimum amount of investment a rural
9916 investment company must make in eligible small businesses in order for credit-eligible
9917 contributions to the rural investment company to qualify for a rural job creation tax credit
9918 under Section 59-7-621 or 59-10-1038.
9919 (13) (a) "New annual jobs" means the difference between:
9920 (i) (A) the monthly average of full-time employees that are paid a high wage at an
9921 eligible small business for the preceding calendar year; or
9922 (B) if the preceding calendar year contains the initial growth investment, the monthly
9923 average of full-time employees that are paid a high wage at an eligible small business for the
9924 months including and after the initial growth investment and before the end of the preceding
9925 calendar year; and
9926 (ii) the number of full-time employees that are paid a high wage at the eligible small
9927 business on the date of the initial growth investment.
9928 (b) If the amount calculated in Subsection [
9929 annual jobs amount is equal to zero.
9930 (14) (a) "Principal business operations" means the location where at least 60% of a
9931 business's employees work or where employees that are paid at least 60% of a business's
9932 payroll work.
9933 (b) For the purposes of this part, an out-of-state business that agrees to relocate
9934 employees to this state to establish the business's principal business operations in this state
9935 using the proceeds of a growth investment is considered to have the business's principal
9936 business operations in this state if the business satisfies the requirements of Subsection (14)(a)
9937 within 180 days after receiving the growth investment, unless the office agrees to a later date.
9938 (15) "Program" means the provisions of this part applicable to a rural investment
9939 company.
9940 (16) "Rural county" means any county in this state except Salt Lake, Utah, Davis,
9941 Weber, Washington, Cache, Tooele, and Summit counties.
9942 (17) "Rural investment company" means a person approved by the office under Section
9943 63N-4-303.
9944 (18) (a) "State reimbursement amount" means the difference between:
9945 (i) 50% of the rural investment company's credit-eligible capital contributions; and
9946 (ii) the product of:
9947 (A) the total sum of new annual jobs reported to the state in the rural investment
9948 company's exit report described in Section 63N-4-309; and
9949 (B) $20,000.
9950 (b) If the amount calculated in Subsection (18)(a) is less than zero, the state
9951 reimbursement amount is equal to zero.
9952 (19) "Tax credit" means a rural job creation tax credit created by Section 59-7-621 or
9953 59-10-1038.
9954 (20) "Tax credit certificate" means a certificate issued by the office that:
9955 (a) lists the name of the person to which the office authorizes a tax credit;
9956 (b) lists the person's taxpayer identification number;
9957 (c) lists the amount of tax credit that the office authorizes the person to claim for the
9958 taxable year; and
9959 (d) may include other information as determined by the office.
9960 Section 125. Section 64-13e-102 is amended to read:
9961 64-13e-102. Definitions.
9962 As used in this chapter:
9963 (1) "Actual state daily incarceration rate" means the daily incarceration rate that reflects
9964 the actual expenses of the department, including:
9965 (a) executive overhead;
9966 (b) administrative overhead;
9967 (c) transportation overhead;
9968 (d) division overhead;
9969 (e) motor pool expenses;
9970 (f) medical expenses;
9971 (g) mental health expenses;
9972 (h) dental expenses;
9973 (i) straight line capital depreciation, over a 40-year period, for prison facilities of the
9974 department; and
9975 (j) expenses for treatment, including substance abuse treatment, alcohol abuse
9976 treatment, sex offender treatment, and alternative treatment.
9977 (2) "Alternative treatment" means:
9978 (a) evidence-based cognitive behavioral therapy; or
9979 (b) a certificate-based program provided by a Utah technical college, as defined in
9980 [
9981 (3) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created in
9982 Section 63M-7-201.
9983 (4) "Department" means the Department of Corrections.
9984 (5) "Division of Finance" means the Division of Finance, created in Section
9985 63A-3-101.
9986 (6) "Final state daily incarceration rate" means the average actual state daily
9987 incarceration rate, calculated, reviewed, and discussed under Section 64-13e-105, and approved
9988 by the Legislature under Subsection 64-13e-105(3).
9989 (7) "State inmate" means an individual, other than a state probationary inmate or state
9990 parole inmate, who is committed to the custody of the department.
9991 (8) "State parole inmate" means an individual who is:
9992 (a) on parole, as defined in Section 77-27-1; and
9993 (b) housed in a county jail for a reason related to the individual's parole.
9994 (9) "State probationary inmate" means a felony probationer sentenced to time in a
9995 county jail under Subsection 77-18-1(8).
9996 (10) "Treatment program" means:
9997 (a) an alcohol treatment program;
9998 (b) a substance abuse treatment program;
9999 (c) a sex offender treatment program; or
10000 (d) an alternative treatment program.
10001 Section 126. Section 72-16-306 is amended to read:
10002 72-16-306. Reporting and shutdown for certain injuries.
10003 (1) (a) An owner-operator shall report each known reportable serious injury to the
10004 director within eight hours after the owner-operator learns of the reportable serious injury.
10005 (b) An owner-operator shall include the following information in a report described in
10006 Subsection (1)(a):
10007 (i) the owner-operator's name and [
10008 (ii) the location of the amusement ride at the time the reportable serious injury
10009 occurred;
10010 (iii) a description of:
10011 (A) the amusement ride; and
10012 (B) the nature of the reportable serious injury; and
10013 (iv) any other information required by rule made under this chapter.
10014 (2) (a) In addition to the requirement described in Subsection (1), an owner-operator of
10015 a mobile amusement ride shall report each known serious injury to the fair, show, landlord, or
10016 owner of the property upon which the mobile amusement ride was located at the time the
10017 serious injury occurred.
10018 (b) After a serious injury, the owner-operator may not operate the mobile amusement
10019 ride until the owner-operator receives written authorization from:
10020 (i) the fair, show, landlord, or owner of the property upon which the amusement ride
10021 was located at the time the serious injury occurred; or
10022 (ii) the director.
10023 (3) For purposes of Title 63G, Chapter 2, Government Records Access and
10024 Management Act, a report to the director described in this section and any record related to the
10025 report is a protected record as defined in Section 63G-2-103, except the ride description, the
10026 owner-operator, the location of the amusement ride at the time the reportable injury occurred,
10027 and the general nature of the reportable injury.
10028 Section 127. Section 73-10-1 is amended to read:
10029 73-10-1. State's policy -- Creation of revolving fund -- General construction of
10030 chapter.
10031 (1) (a) The Legislature of the state of Utah [
10032 (i) by Section 73-1-1, Utah Code Annotated 1953, that, "All waters [
10033 whether above or under the ground, are hereby declared to be the property of the public, subject
10034 to all existing rights to the use thereof"; [
10035 (ii) by Section 73-1-3, Utah Code Annotated 1953, that "Beneficial use shall be the
10036 basis, the [
10037 [
10038 (iii) by Section 17B-2a-1002 that the policy of the state is, to "[
10039 in [
10040 within the terms of applicable interstate compacts [
10041 law."
10042 (b) The Legislature by this chapter reiterates and reaffirms such declaration of the
10043 public policy of the state of Utah.
10044 (2) It is further declared to be the policy of this chapter and of the state of Utah, and the
10045 legislature recognizes:
10046 (a) that by construction of projects based upon sound engineering the waters within the
10047 various counties of the state of Utah can be saved from waste and increased in efficiency of
10048 beneficial use by 25% to 100%;
10049 (b) that because of well-known conditions such as low prices and lack of market for
10050 farm products, particularly the inefficiency of water supply because of lack of late season water
10051 and consequent lack of financial strength, water users in small communities have been unable
10052 to build projects that would provide full conservation and beneficial use for the limited water
10053 supply in this semiarid land;
10054 (c) that water, as the property of the public, should be so managed by the public that it
10055 can be put to the highest use for public benefit;
10056 (d) that Congress of the United States has provided for the building of larger water
10057 conservation projects throughout the semiarid states, payment of the capital costs without
10058 interest to be made by the water users upon the basis of a fair portion of crop returns;
10059 (e) that the Congress of the United States has established in the department of interior
10060 and in the department of agriculture, various agencies having authority to develop, protect, and
10061 aid in putting to beneficial use the land and water resources of the United States and to
10062 cooperate with state agencies having similar authority;
10063 (f) that the interests of the state of Utah require that means be provided for close
10064 cooperation between all state and federal agencies to the end that the underground waters and
10065 waters of the small streams of the state, and the lands thereunder, can be made to yield
10066 abundantly and increase the income and well-being of the citizens of the state;
10067 (g) that it appears to be sound public policy for the state of Utah to provide a revolving
10068 fund, to be increased at each legislative session, to the end that every mountain stream and
10069 every water resource within the state can be made to render the highest beneficial service, such
10070 fund to be so administered that no project will be built except upon expert engineering,
10071 financial, and geological approval.
10072 (3) All of the provisions of this chapter shall be liberally construed so as to carry out
10073 and put into force and effect the purposes and policies as hereinabove set forth.
10074 Section 128. Section 75-9-105 is amended to read:
10075 75-9-105. Execution of power of attorney.
10076 (1) A power of attorney shall be signed by the principal or in the principal's conscious
10077 presence by another individual directed by the principal to sign the principal's name on the
10078 power of attorney before a notary public or other individual authorized by the law to take
10079 acknowledgments. A signature on a power of attorney is presumed to be genuine if the
10080 principal acknowledges the signature before a notary public or other individual authorized by
10081 law to take acknowledgments.
10082 (2) If the principal resides or is about to reside in a hospital, assisted living, skilled
10083 nursing, or similar facility, at the time of execution of the power of attorney, the principal may
10084 not name any agent that is the owner, operator, health care provider, or employee of the
10085 hospital, assisted living facility, skilled nursing, or similar residential care facility unless the
10086 agent is the spouse, legal guardian, or next of kin of the principal, or unless the agent's
10087 authority is strictly limited to the purpose of assisting the principal to establish eligibility for
10088 Medicaid.
10089 (3) A violation of Subsection (2) is a violation of Subsection 76-5-111[
10090 Section 129. Section 76-5-702 is amended to read:
10091 76-5-702. Prohibition on female genital mutilation -- Exceptions.
10092 (1) It is a second degree felony for any person to:
10093 (a) perform a procedure described in Section 76-5-701 on a female under 18 years of
10094 age;
10095 (b) give permission for or permit a procedure described in Section 76-5-701 to be
10096 performed on a female under 18 years of age; or
10097 (c) remove or cause, permit, or facilitate the removal of a female under 18 years of age
10098 from this state for the purpose of facilitating the performance of a procedure described in
10099 Section 76-5-701 on the female.
10100 (2) It is not a defense to female genital mutilation that the conduct described in Section
10101 76-5-701 is required as a matter of religion, custom, ritual, or standard practice, or that the
10102 individual on whom it is performed or the individual's parent or guardian consented to the
10103 procedure.
10104 (3) A surgical procedure is not a violation of Section 76-5-701 if the procedure is
10105 performed by a physician licensed as a medical professional in the place it is performed and is:
10106 (a) medically advisable;
10107 (b) necessary to preserve or protect the physical health of the person on whom it is
10108 performed; or
10109 (c) requested for sex reassignment surgery by the person on whom it is performed.
10110 (4) A medical professional licensed in accordance with Title 58, Chapter 31b, Nurse
10111 Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, Title 58, Chapter 68, Utah
10112 Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah Physician Assistant Act, who
10113 is convicted of a violation of this section shall have their license permanently revoked by the
10114 appropriate licensing board.
10115 Section 130. Section 77-18-1 is amended to read:
10116 77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation --
10117 Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
10118 conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
10119 monitoring.
10120 (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
10121 in abeyance agreement, the court may hold the plea in abeyance as provided in Chapter 2a,
10122 Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
10123 (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
10124 crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
10125 and place the defendant:
10126 (i) on probation under the supervision of the Department of Corrections except in cases
10127 of class C misdemeanors or infractions;
10128 (ii) on probation under the supervision of an agency of local government or with a
10129 private organization; or
10130 (iii) on court probation under the jurisdiction of the sentencing court.
10131 (b) (i) The legal custody of all probationers under the supervision of the department is
10132 with the department.
10133 (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
10134 is vested as ordered by the court.
10135 (iii) The court has continuing jurisdiction over all probationers.
10136 (iv) Court probation may include an administrative level of services, including
10137 notification to the court of scheduled periodic reviews of the probationer's compliance with
10138 conditions.
10139 (c) Supervised probation services provided by the department, an agency of local
10140 government, or a private organization shall specifically address the offender's risk of
10141 reoffending as identified by a validated risk and needs screening or assessment.
10142 (3) (a) The department shall establish supervision and presentence investigation
10143 standards for all individuals referred to the department based on:
10144 (i) the type of offense;
10145 (ii) the results of a risk and needs assessment;
10146 (iii) the demand for services;
10147 (iv) the availability of agency resources;
10148 (v) public safety; and
10149 (vi) other criteria established by the department to determine what level of services
10150 shall be provided.
10151 (b) Proposed supervision and investigation standards shall be submitted to the Judicial
10152 Council and the Board of Pardons and Parole on an annual basis for review and comment prior
10153 to adoption by the department.
10154 (c) The Judicial Council and the department shall establish procedures to implement
10155 the supervision and investigation standards.
10156 (d) The Judicial Council and the department shall annually consider modifications to
10157 the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
10158 appropriate.
10159 (e) The Judicial Council and the department shall annually prepare an impact report
10160 and submit it to the appropriate legislative appropriations subcommittee.
10161 (4) Notwithstanding other provisions of law, the department is not required to
10162 supervise the probation of an individual convicted of a class B or C misdemeanor or an
10163 infraction or to conduct presentence investigation reports on a class C misdemeanor or
10164 infraction. However, the department may supervise the probation of a class B misdemeanant in
10165 accordance with department standards.
10166 (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
10167 the defendant, continue the date for the imposition of sentence for a reasonable period of time
10168 for the purpose of obtaining a presentence investigation report from the department or
10169 information from other sources about the defendant.
10170 (b) The presentence investigation report shall include:
10171 (i) a victim impact statement according to guidelines set in Section 77-38a-203
10172 describing the effect of the crime on the victim and the victim's family;
10173 (ii) a specific statement of pecuniary damages, accompanied by a recommendation
10174 from the department regarding the payment of restitution with interest by the defendant in
10175 accordance with Chapter 38a, Crime Victims Restitution Act;
10176 (iii) findings from any screening and any assessment of the offender conducted under
10177 Section 77-18-1.1;
10178 (iv) recommendations for treatment of the offender; and
10179 (v) the number of days since the commission of the offense that the offender has spent
10180 in the custody of the jail and the number of days, if any, the offender was released to a
10181 supervised release or alternative incarceration program under Section 17-22-5.5.
10182 (c) The contents of the presentence investigation report are protected and are not
10183 available except by court order for purposes of sentencing as provided by rule of the Judicial
10184 Council or for use by the department.
10185 (6) (a) The department shall provide the presentence investigation report to the
10186 defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
10187 court for review, three working days prior to sentencing. Any alleged inaccuracies in the
10188 presentence investigation report, which have not been resolved by the parties and the
10189 department prior to sentencing, shall be brought to the attention of the sentencing judge, and
10190 the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
10191 report with the department. If after 10 working days the inaccuracies cannot be resolved, the
10192 court shall make a determination of relevance and accuracy on the record.
10193 (b) If a party fails to challenge the accuracy of the presentence investigation report at
10194 the time of sentencing, that matter shall be considered to be waived.
10195 (7) At the time of sentence, the court shall receive any testimony, evidence, or
10196 information the defendant or the prosecuting attorney desires to present concerning the
10197 appropriate sentence. This testimony, evidence, or information shall be presented in open court
10198 on record and in the presence of the defendant.
10199 (8) While on probation, and as a condition of probation, the court may require that a
10200 defendant perform any or all of the following:
10201 (a) provide for the support of others for whose support the defendant is legally liable;
10202 (b) participate in available treatment programs, including any treatment program in
10203 which the defendant is currently participating, if the program is acceptable to the court;
10204 (c) if on probation for a felony offense, serve a period of time, not to exceed one year,
10205 in a county jail designated by the department, after considering any recommendation by the
10206 court as to which jail the court finds most appropriate;
10207 (d) serve a term of home confinement, which may include the use of electronic
10208 monitoring;
10209 (e) participate in compensatory service restitution programs, including the
10210 compensatory service program provided in Section 76-6-107.1;
10211 (f) pay for the costs of investigation, probation, and treatment services;
10212 (g) make restitution or reparation to the victim or victims with interest in accordance
10213 with Chapter 38a, Crime Victims Restitution Act; and
10214 (h) comply with other terms and conditions the court considers appropriate to ensure
10215 public safety or increase a defendant's likelihood of success on probation.
10216 (9) The department shall collect and disburse the accounts receivable as defined by
10217 Section 77-32a-101, with interest and any other costs assessed under Section 64-13-21 during:
10218 (a) the parole period and any extension of that period in accordance with Subsection
10219 77-27-6(4); and
10220 (b) the probation period in cases for which the court orders supervised probation and
10221 any extension of that period by the department in accordance with Subsection (10).
10222 (10) (a) (i) Except as provided in Subsection (10)(a)(ii), probation of an individual
10223 placed on probation after December 31, 2018:
10224 (A) may not exceed the individual's maximum sentence;
10225 (B) shall be for a period of time that is in accordance with the supervision length
10226 guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
10227 extent the guidelines are consistent with the requirements of the law; and
10228 (C) shall be terminated in accordance with the supervision length guidelines
10229 established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the
10230 guidelines are consistent with the requirements of the law.
10231 (ii) Probation of an individual placed on probation after December 31, 2018, whose
10232 maximum sentence is one year or less may not exceed 36 months.
10233 (iii) Probation of an individual placed on probation on or after October 1, 2015, but
10234 before January 1, 2019, may be terminated at any time at the discretion of the court or upon
10235 completion without violation of 36 months probation in felony or class A misdemeanor cases,
10236 12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant to
10237 Section 64-13-21 regarding earned credits.
10238 (b) (i) If, upon expiration or termination of the probation period under Subsection
10239 (10)(a), there remains an unpaid balance upon the accounts receivable as defined in Section
10240 77-32a-101, the court may retain jurisdiction of the case and continue the defendant on bench
10241 probation for the limited purpose of enforcing the payment of the account receivable. If the
10242 court retains jurisdiction for this limited purpose, the court may order the defendant to pay to
10243 the court the costs associated with continued probation under this Subsection (10).
10244 (ii) In accordance with Section 77-18-6, the court shall record in the registry of civil
10245 judgments any unpaid balance not already recorded and immediately transfer responsibility to
10246 collect the account to the Office of State Debt Collection.
10247 (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
10248 own motion, the court may require the defendant to show cause why the defendant's failure to
10249 pay should not be treated as contempt of court.
10250 (c) (i) The department shall notify the court, the Office of State Debt Collection, and
10251 the prosecuting attorney in writing in advance in all cases when termination of supervised
10252 probation is being requested by the department or will occur by law.
10253 (ii) The notification shall include a probation progress report and complete report of
10254 details on outstanding accounts receivable.
10255 (11) (a) (i) Any time served by a probationer outside of confinement after having been
10256 charged with a probation violation and prior to a hearing to revoke probation does not
10257 constitute service of time toward the total probation term unless the probationer is exonerated
10258 at a hearing to revoke the probation.
10259 (ii) Any time served in confinement awaiting a hearing or decision concerning
10260 revocation of probation does not constitute service of time toward the total probation term
10261 unless the probationer is exonerated at the hearing.
10262 (iii) Any time served in confinement awaiting a hearing or decision concerning
10263 revocation of probation constitutes service of time toward a term of incarceration imposed as a
10264 result of the revocation of probation or a graduated sanction imposed under Section
10265 63M-7-404.
10266 (b) The running of the probation period is tolled upon the filing of a violation report
10267 with the court alleging a violation of the terms and conditions of probation or upon the issuance
10268 of an order to show cause or warrant by the court.
10269 (12) (a) (i) Probation may be modified as is consistent with the supervision length
10270 guidelines and the graduated sanctions and incentives developed by the Utah Sentencing
10271 Commission under Section 63M-7-404.
10272 (ii) The length of probation may not be extended, except upon waiver of a hearing by
10273 the probationer or upon a hearing and a finding in court that the probationer has violated the
10274 conditions of probation.
10275 (iii) Probation may not be revoked except upon a hearing in court and a finding that the
10276 conditions of probation have been violated.
10277 (b) (i) Upon the filing of an affidavit, or an unsworn written declaration executed in
10278 substantial compliance with [
10279 Declarations Act, alleging with particularity facts asserted to constitute violation of the
10280 conditions of probation, the court shall determine if the affidavit or unsworn written declaration
10281 establishes probable cause to believe that revocation, modification, or extension of probation is
10282 justified.
10283 (ii) If the court determines there is probable cause, it shall cause to be served on the
10284 defendant a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
10285 declaration and an order to show cause why the defendant's probation should not be revoked,
10286 modified, or extended.
10287 (c) (i) The order to show cause shall specify a time and place for the hearing and shall
10288 be served upon the defendant at least five days prior to the hearing.
10289 (ii) The defendant shall show good cause for a continuance.
10290 (iii) The order to show cause shall inform the defendant of a right to be represented by
10291 counsel at the hearing and to have counsel appointed if the defendant is indigent.
10292 (iv) The order shall also inform the defendant of a right to present evidence.
10293 (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit
10294 or unsworn written declaration.
10295 (ii) If the defendant denies the allegations of the affidavit or unsworn written
10296 declaration, the prosecuting attorney shall present evidence on the allegations.
10297 (iii) The persons who have given adverse information on which the allegations are
10298 based shall be presented as witnesses subject to questioning by the defendant unless the court
10299 for good cause otherwise orders.
10300 (iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
10301 and present evidence.
10302 (e) (i) After the hearing the court shall make findings of fact.
10303 (ii) Upon a finding that the defendant violated the conditions of probation, the court
10304 may order the probation revoked, modified, continued, or reinstated for all or a portion of the
10305 original term of probation.
10306 (iii) (A) Except as provided in Subsection (10)(a)(ii), the court may not require a
10307 defendant to remain on probation for a period of time that exceeds the length of the defendant's
10308 maximum sentence.
10309 (B) Except as provided in Subsection (10)(a)(ii), if a defendant's probation is revoked
10310 and later reinstated, the total time of all periods of probation the defendant serves, relating to
10311 the same sentence, may not exceed the defendant's maximum sentence.
10312 (iv) If a period of incarceration is imposed for a violation, the defendant shall be
10313 sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
10314 Subsection 63M-7-404(4), unless the judge determines that:
10315 (A) the defendant needs substance abuse or mental health treatment, as determined by a
10316 validated risk and needs screening and assessment, that warrants treatment services that are
10317 immediately available in the community; or
10318 (B) the sentence previously imposed shall be executed.
10319 (v) If the defendant had, prior to the imposition of a term of incarceration or the
10320 execution of the previously imposed sentence under this Subsection (12), served time in jail as
10321 a condition of probation or due to a violation of probation under Subsection (12)(e)(iv), the
10322 time the probationer served in jail constitutes service of time toward the sentence previously
10323 imposed.
10324 (13) The court may order the defendant to commit the defendant to the custody of the
10325 Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as a
10326 condition of probation or stay of sentence, only after the superintendent of the Utah State
10327 Hospital or the superintendent's designee has certified to the court that:
10328 (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
10329 (b) treatment space at the hospital is available for the defendant; and
10330 (c) individuals described in Subsection 62A-15-610(2)(g) are receiving priority for
10331 treatment over the defendants described in this Subsection (13).
10332 (14) Presentence investigation reports are classified protected in accordance with Title
10333 63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
10334 63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a
10335 presentence investigation report. Except for disclosure at the time of sentencing pursuant to
10336 this section, the department may disclose the presentence investigation only when:
10337 (a) ordered by the court pursuant to Subsection 63G-2-202(7);
10338 (b) requested by a law enforcement agency or other agency approved by the department
10339 for purposes of supervision, confinement, and treatment of the offender;
10340 (c) requested by the Board of Pardons and Parole;
10341 (d) requested by the subject of the presentence investigation report or the subject's
10342 authorized representative;
10343 (e) requested by the victim of the crime discussed in the presentence investigation
10344 report or the victim's authorized representative, provided that the disclosure to the victim shall
10345 include only information relating to statements or materials provided by the victim, to the
10346 circumstances of the crime including statements by the defendant, or to the impact of the crime
10347 on the victim or the victim's household; or
10348 (f) requested by a sex offender treatment provider who is certified to provide treatment
10349 under the program established in Subsection 64-13-25(3) and who, at the time of the request:
10350 (i) is providing sex offender treatment to the offender who is the subject of the
10351 presentence investigation report; and
10352 (ii) provides written assurance to the department that the report:
10353 (A) is necessary for the treatment of the offender;
10354 (B) will be used solely for the treatment of the offender; and
10355 (C) will not be disclosed to an individual or entity other than the offender.
10356 (15) (a) The court shall consider home confinement as a condition of probation under
10357 the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
10358 (b) The department shall establish procedures and standards for home confinement,
10359 including electronic monitoring, for all individuals referred to the department in accordance
10360 with Subsection (16).
10361 (16) (a) If the court places the defendant on probation under this section, it may order
10362 the defendant to participate in home confinement through the use of electronic monitoring as
10363 described in this section until further order of the court.
10364 (b) The electronic monitoring shall alert the department and the appropriate law
10365 enforcement unit of the defendant's whereabouts.
10366 (c) The electronic monitoring device shall be used under conditions which require:
10367 (i) the defendant to wear an electronic monitoring device at all times; and
10368 (ii) that a device be placed in the home of the defendant, so that the defendant's
10369 compliance with the court's order may be monitored.
10370 (d) If a court orders a defendant to participate in home confinement through electronic
10371 monitoring as a condition of probation under this section, it shall:
10372 (i) place the defendant on probation under the supervision of the Department of
10373 Corrections;
10374 (ii) order the department to place an electronic monitoring device on the defendant and
10375 install electronic monitoring equipment in the residence of the defendant; and
10376 (iii) order the defendant to pay the costs associated with home confinement to the
10377 department or the program provider.
10378 (e) The department shall pay the costs of home confinement through electronic
10379 monitoring only for an individual who is determined to be indigent by the court.
10380 (f) The department may provide the electronic monitoring described in this section
10381 either directly or by contract with a private provider.
10382 Section 131. Section 77-40-102 (Effective 05/01/20) is amended to read:
10383 77-40-102 (Effective 05/01/20). Definitions.
10384 As used in this chapter:
10385 (1) "Administrative finding" means a decision upon a question of fact reached by an
10386 administrative agency following an administrative hearing or other procedure satisfying the
10387 requirements of due process.
10388 (2) "Agency" means a state, county, or local government entity that generates or
10389 maintains records relating to an investigation, arrest, detention, or conviction for an offense for
10390 which expungement may be ordered.
10391 (3) "Bureau" means the Bureau of Criminal Identification of the Department of Public
10392 Safety established in Section 53-10-201.
10393 (4) "Certificate of eligibility" means a document issued by the bureau stating that the
10394 criminal record and all records of arrest, investigation, and detention associated with a case that
10395 is the subject of a petition for expungement is eligible for expungement.
10396 (5) (a) "Clean slate eligible case" means a case:
10397 (i) where, except as provided in Subsection (5)(c), each conviction within the case is:
10398 (A) a misdemeanor conviction for possession of a controlled substance in violation of
10399 Subsection 58-37-8(2)(a)(i);
10400 (B) a class B or class C misdemeanor conviction; or
10401 (C) an infraction conviction;
10402 (ii) that involves an individual:
10403 (A) whose total number of convictions in Utah state courts, not including infractions,
10404 traffic offenses, or minor regulatory offenses, does not exceed the limits described in
10405 Subsections 77-40-105(5) and (6) without taking into consideration the exception in Subsection
10406 77-40-105(8); and
10407 (B) against whom no criminal proceedings are pending in the state; and
10408 (iii) for which the following time periods have elapsed from the day on which the case
10409 is adjudicated:
10410 (A) at least five years for a class C misdemeanor or an infraction;
10411 (B) at least six years for a class B misdemeanor; and
10412 (C) at least seven years for a class A conviction for possession of a controlled
10413 substance in violation of Subsection 58-37-8(2)(a)(i).
10414 (b) "Clean slate eligible case" includes a case that is dismissed as a result of a
10415 successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b)
10416 if:
10417 (i) except as provided in Subsection (5)(c), each charge within the case is:
10418 (A) a misdemeanor for possession of a controlled substance in violation of Subsection
10419 58-37-8(2)(a)(i);
10420 (B) a class B or class C misdemeanor; or
10421 (C) an infraction;
10422 (ii) the individual involved meets the requirements of Subsection (5)(a)(ii); and
10423 (iii) the time periods described in Subsections (5)(a)(iii)(A) through (C) have elapsed
10424 from the day on which the case is dismissed.
10425 (c) "Clean slate eligible case" does not include a case:
10426 (i) where the individual is found not guilty by reason of insanity;
10427 (ii) where the case establishes a criminal judgment accounts receivable, as defined in
10428 Section 77-32a-101, that:
10429 (A) has been entered as a civil judgment and transferred to the Office of State Debt
10430 Collection; or
10431 (B) has not been satisfied according to court records; or
10432 (iii) that resulted in one or more pleas held in abeyance or convictions for the following
10433 offenses:
10434 (A) any of the offenses listed in Subsection 77-40-105(2)(a);
10435 (B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
10436 the Person;
10437 (C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
10438 (D) sexual battery in violation of Section 76-9-702.1;
10439 (E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
10440 (F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
10441 and Reckless Driving;
10442 (G) damage to or interruption of a communication device in violation of Section
10443 76-6-108;
10444 (H) a domestic violence offense as defined in Section 77-36-1; or
10445 (I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
10446 other than a class A misdemeanor conviction for possession of a controlled substance in
10447 violation of Subsection 58-37-8(2)(a)(i).
10448 (6) "Conviction" means judgment by a criminal court on a verdict or finding of guilty
10449 after trial, a plea of guilty, or a plea of nolo contendere.
10450 (7) "Department" means the Department of Public Safety established in Section
10451 53-1-103.
10452 (8) "Drug possession offense" means an offense under:
10453 (a) Subsection 58-37-8(2), except any offense under Subsection 58-37-8(2)(b)(i),
10454 possession of 100 pounds or more of marijuana, any offense enhanced under Subsection
10455 58-37-8(2)(e), violation in a correctional facility or Subsection 58-37-8(2)(g), driving with a
10456 controlled substance illegally in the person's body and negligently causing serious bodily injury
10457 or death of another;
10458 (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
10459 (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
10460 (d) any local ordinance which is substantially similar to any of the offenses described
10461 in this Subsection (8).
10462 (9) "Expunge" means to seal or otherwise restrict access to the individual's record held
10463 by an agency when the record includes a criminal investigation, detention, arrest, or conviction.
10464 (10) "Jurisdiction" means a state, district, province, political subdivision, territory, or
10465 possession of the United States or any foreign country.
10466 (11) "Minor regulatory offense" means any class B or C misdemeanor offense, and any
10467 local ordinance, except:
10468 (a) any drug possession offense;
10469 (b) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
10470 (c) Sections 73-18-13 through 73-18-13.6;
10471 (d) those offenses defined in Title 76, Utah Criminal Code; or
10472 (e) any local ordinance that is substantially similar to those offenses listed in
10473 Subsections (11)(a) through (d).
10474 (12) "Petitioner" means an individual applying for expungement under this chapter.
10475 (13) (a) "Traffic offense" means:
10476 (i) all infractions, class B misdemeanors, and class C misdemeanors in Title 41,
10477 Chapter 6a, Traffic Code;
10478 (ii) Title 53, Chapter 3, Part 2, Driver Licensing Act;
10479 (iii) Title 73, Chapter 18, State Boating Act; and
10480 (iv) all local ordinances that are substantially similar to those offenses.
10481 (b) "Traffic offense" does not mean:
10482 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
10483 (ii) Sections 73-18-13 through 73-18-13.6; or
10484 (iii) any local ordinance that is substantially similar to the offenses listed in
10485 Subsections (13)(b)(i) and (ii).
10486 Section 132. Section 78A-6-115 is amended to read:
10487 78A-6-115. Hearings -- Record -- County attorney or district attorney
10488 responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
10489 evidence -- Medical cannabis.
10490 (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
10491 in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
10492 also be made unless dispensed with by the court.
10493 (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
10494 Government Records Access and Management Act, a record of a proceeding made under
10495 Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
10496 good cause.
10497 (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
10498 court shall:
10499 (A) provide notice to all subjects of the record that a request for release of the record
10500 has been made; and
10501 (B) allow sufficient time for the subjects of the record to respond before making a
10502 finding on the petition.
10503 (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
10504 court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
10505 request.
10506 (iv) For purposes of this Subsection (1)(b):
10507 (A) "record of a proceeding" does not include documentary materials of any type
10508 submitted to the court as part of the proceeding, including items submitted under Subsection
10509 (4)(a); and
10510 (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
10511 guardian, the Division of Child and Family Services, and any other party to the proceeding.
10512 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
10513 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
10514 case.
10515 (b) Subject to the attorney general's prosecutorial discretion in civil enforcement
10516 actions, the attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child and
10517 Family Services, and this chapter, relating to:
10518 (i) protection or custody of an abused, neglected, or dependent child; and
10519 (ii) petitions for termination of parental rights.
10520 (c) The attorney general shall represent the Division of Child and Family Services in
10521 actions involving a minor who is not adjudicated as abused or neglected, but who is receiving
10522 in-home family services under Section 78A-6-117.5. Nothing in this Subsection (2)(c) may be
10523 construed to affect the responsibility of the county attorney or district attorney to represent the
10524 state in those matters, in accordance with Subsection (2)(a).
10525 (3) The board may adopt special rules of procedure to govern proceedings involving
10526 violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
10527 involving offenses under Section 78A-6-606 are governed by that section regarding suspension
10528 of driving privileges.
10529 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
10530 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
10531 in hearings upon petitions for termination of parental rights, written reports and other material
10532 relating to the minor's mental, physical, and social history and condition may be received in
10533 evidence and may be considered by the court along with other evidence. The court may require
10534 that the person who wrote the report or prepared the material appear as a witness if the person
10535 is reasonably available.
10536 (b) For the purpose of determining proper disposition of a minor alleged to be or
10537 adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
10538 under Section 78A-6-315 may be received in evidence and may be considered by the court
10539 along with other evidence. The court may require any person who participated in preparing the
10540 dispositional report to appear as a witness, if the person is reasonably available.
10541 (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
10542 commencement of a shelter hearing under Section 78A-6-306 or the filing of a petition under
10543 Section 78A-6-304, each party to the proceeding shall provide in writing to the other parties or
10544 their counsel any information which the party:
10545 (i) plans to report to the court at the proceeding; or
10546 (ii) could reasonably expect would be requested of the party by the court at the
10547 proceeding.
10548 (b) The disclosure required under Subsection (5)(a) shall be made:
10549 (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
10550 five days before the proceeding;
10551 (ii) for proceedings under Chapter 6, Part 5, Termination of Parental Rights Act, in
10552 accordance with Utah Rules of Civil Procedure; and
10553 (iii) for all other proceedings, no less than five days before the proceeding.
10554 (c) If a party to a proceeding obtains information after the deadline in Subsection
10555 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
10556 party certifies to the court that the information was obtained after the deadline.
10557 (d) Subsection (5)(a) does not apply to:
10558 (i) pretrial hearings; and
10559 (ii) the frequent, periodic review hearings held in a dependency drug court case to
10560 assess and promote the parent's progress in substance use disorder treatment.
10561 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
10562 may, in its discretion, consider evidence of statements made by a child under eight years of age
10563 to a person in a trust relationship.
10564 (7) (a) As used in this Subsection (7):
10565 (i) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
10566 (ii) "Dosing parameters" means the same as that term is defined in Section 26-61a-102.
10567 (iii) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
10568 (iv) "Medical cannabis cardholder" means the same as that term is defined in Section
10569 26-61a-102.
10570 (v) "Qualified medical provider" means the same as that term is defined in Section
10571 26-61a-102.
10572 (b) In any child welfare proceeding in which the court makes a finding, determination,
10573 or otherwise considers an individual's possession or use of medical cannabis, a cannabis
10574 product, or a medical cannabis device, the court may not consider or treat the individual's
10575 possession or use any differently than the lawful possession or use of any prescribed controlled
10576 substance if:
10577 (i) the individual's [
10578 Cannabis Production Establishments;
10579 (ii) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
10580 (iii) (A) the individual's possession or use complies with Title 26, Chapter 61a, Utah
10581 Medical Cannabis Act; and
10582 (B) the individual reasonably complies with the dosing parameters determined by the
10583 individual's qualified medical provider or through a consultation described in Subsection
10584 26-61a-502(4) or (5).
10585 (c) A parent's or guardian's use of medical cannabis or a cannabis product is not abuse
10586 or neglect of a child under Section 78A-6-105, nor is it contrary to the best interests of a child,
10587 if:
10588 (i) (A) for a medical cannabis cardholder after January 1, 2021, the parent's or
10589 guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
10590 and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
10591 deviates from the dosing parameters determined by the parent's or guardian's qualified medical
10592 provider or through a consultation described in Subsection 26-61a-502(4) or (5); or
10593 (B) before January 1, 2021, the parent's or guardian's possession or use complies with
10594 Subsection 58-37-3.7(2) or (3); and
10595 (ii) (A) there is no evidence showing that the child has inhaled, ingested, or otherwise
10596 had cannabis introduced to the child's body; or
10597 (B) there is no evidence showing a nexus between the parent's or guardian's use of
10598 medical cannabis or a cannabis product and behavior that would separately constitute abuse or
10599 neglect of the child.
10600 Section 133. Section 78B-6-133 is amended to read:
10601 78B-6-133. Contested adoptions -- Rights of parties -- Determination of custody.
10602 (1) If a person whose consent for an adoption is required pursuant to Subsection
10603 78B-6-120(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether
10604 proper grounds exist for the termination of that person's rights pursuant to the provisions of this
10605 chapter or Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
10606 (2) (a) If there are proper grounds to terminate the person's parental rights, the court
10607 shall order that the person's rights be terminated.
10608 (b) If there are not proper grounds to terminate the person's parental rights, the court
10609 shall:
10610 (i) dismiss the adoption petition;
10611 (ii) conduct an evidentiary hearing to determine who should have custody of the child;
10612 and
10613 (iii) award custody of the child in accordance with the child's best interest.
10614 (c) Termination of a person's parental rights does not terminate the right of a relative of
10615 the parent to seek adoption of the child.
10616 (3) Evidence considered at the custody hearing may include:
10617 (a) evidence of psychological or emotional bonds that the child has formed with a third
10618 person, including the prospective adoptive parent; and
10619 (b) any detriment that a change in custody may cause the child.
10620 (4) If the court dismisses the adoption petition, the fact that a person relinquished a
10621 child for adoption or consented to the adoption may not be considered as evidence in a custody
10622 proceeding described in this section, or in any subsequent custody proceeding, that it is not in
10623 the child's best interest for custody to be awarded to such person or that:
10624 (a) the person is unfit or incompetent to be a parent;
10625 (b) the person has neglected or abandoned the child;
10626 (c) the person is not interested in having custody of the child; or
10627 (d) the person has forfeited the person's parental presumption.
10628 (5) Any custody order entered pursuant to this section may also:
10629 (a) include provisions for:
10630 (i) parent-time; or
10631 (ii) visitation by an interested third party; and
10632 (b) provide for the financial support of the child.
10633 (6) (a) If a person or entity whose consent is required for an adoption under Subsection
10634 78B-6-120(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing
10635 and award custody as set forth in Subsection (2).
10636 (b) The court may also finalize the adoption if doing so is in the best interest of the
10637 child.
10638 (7) (a) A person may not contest an adoption after the final decree of adoption is
10639 entered, if that person:
10640 (i) was a party to the adoption proceeding;
10641 (ii) was served with notice of the adoption proceeding; or
10642 (iii) executed a consent to the adoption or relinquishment for adoption.
10643 (b) No person may contest an adoption after one year from the day on which the final
10644 decree of adoption is entered.
10645 (c) The limitations on contesting an adoption action, described in this Subsection (7),
10646 apply to all attempts to contest an adoption:
10647 (i) regardless of whether the adoption is contested directly or collaterally; and
10648 (ii) regardless of the basis for contesting the adoption, including claims of fraud,
10649 duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of
10650 jurisdiction.
10651 (d) The limitations on contesting an adoption action, described in this Subsection (7),
10652 do not prohibit a timely appeal of:
10653 (i) a final decree of adoption; or
10654 (ii) a decision in an action challenging an adoption, if the action was brought within the
10655 time limitations described in Subsections (7)(a) and (b).
10656 (8) A court that has jurisdiction over a child for whom more than one petition for
10657 adoption is filed shall grant a hearing only under the following circumstances:
10658 (a) to a petitioner:
10659 (i) with whom the child is placed;
10660 (ii) who has custody or guardianship of the child;
10661 (iii) who has filed a written statement with the court within 120 days after the day on
10662 which the shelter hearing is held:
10663 (A) requesting immediate placement of the child with the petitioner; and
10664 (B) expressing the petitioner's intention of adopting the child;
10665 (iv) who is a relative with whom the child has a significant and substantial relationship
10666 and who was unaware, within the first 120 days after the day on which the shelter hearing is
10667 held, of the child's removal from the child's parent; or
10668 (v) who is a relative with whom the child has a significant and substantial relationship
10669 and, in a case where the child is not placed with a relative or is placed with a relative that is
10670 unable or unwilling to adopt the child:
10671 (A) was actively involved in the child's child welfare case with the division or the
10672 juvenile court while the child's parent engaged in reunification services; and
10673 (B) filed a written statement with the court that includes the information described in
10674 Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the court terminated
10675 reunification services; or
10676 (b) if the child:
10677 (i) has been in the current placement for less than 180 days before the day on which the
10678 petitioner files the petition for adoption; or
10679 (ii) is placed with, or is in the custody or guardianship of, an individual who previously
10680 informed the division or the court that the individual is unwilling or unable to adopt the child.
10681 (9) (a) If the court grants a hearing on more than one petition for adoption, there is a
10682 rebuttable presumption that it is in the best interest of a child to be placed for adoption with a
10683 petitioner:
10684 (i) who has fulfilled the requirements described in Title 78B, Chapter 6, Part 1, Utah
10685 Adoption Act; and
10686 (ii) (A) with whom the child has continuously resided for six months;
10687 (B) who has filed a written statement with the court within 120 days after the day on
10688 which the shelter hearing is held, as described in Subsection (8)(a)(iii); or
10689 (C) who is a relative described in Subsection (8)(a)(iv).
10690 (b) The court may consider other factors relevant to the best interest of the child to
10691 determine whether the presumption is rebutted.
10692 (c) The court shall weigh the best interest of the child uniformly between petitioners if
10693 more than one petitioner satisfies a rebuttable presumption condition described in Subsection
10694 (9)(a).
10695 (10) Nothing in this section shall be construed to prevent the division or the child's
10696 guardian ad litem from appearing or participating in any proceeding for a petition for adoption.
10697 (11) The division shall use best efforts to provide a known relative with timely
10698 information relating to the relative's rights or duties under this section.
10699 Section 134. Repealer.
10700 This bill repeals:
10701 Section 19-2-305, Limitation on applying for a tax credit.