This document includes House Floor Amendments incorporated into the bill on Thu, Jun 18, 2020 at 6:48 PM by pflowers.
Senator Jerry W. Stevenson proposes the following substitute bill:


1     
STATUTORY ADJUSTMENTS RELATED TO BUDGET

2     
CHANGES

3     
2020 FIFTH SPECIAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jerry W. Stevenson

6     
House Sponsor: Bradley G. Last

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions necessary to facilitate modifications made during the 2020
11     Fifth Special Session to the budgets for the fiscal year beginning July 1, 2019, and
12     ending June 30, 2020, and the fiscal year beginning July 1, 2020, and ending June 30,
13     2021.
14     Highlighted Provisions:
15          This bill:
16          ▸     to facilitate modifications made during the 2020 Fifth Special Session to the
17     budgets for the fiscal year beginning July 1, 2019, and ending June 30, 2020, and
18     the fiscal year beginning July 1, 2020, and ending June 30, 2021:
19               •     allows funds in the Waste Tire Recycling Fund to be used for Department of
20     Environmental Quality operational costs under certain circumstances;
21               •     deletes provisions requiring the lieutenant governor to print and distribute the
22     Voter Information Pamphlet and requires the lieutenant governor to publish the
23     Voter Information Pamphlet online;
24               •     deletes provisions relating to the Department of Health's increase in premium
25     subsidies under the Utah Premium Partnership for Health Insurance Program for

26     the fiscal year beginning July 1, 2020, and ending June 30, 2021;
27               •     allows certain funds in the Hospital Provider Assessment Expendable Revenue
28     Fund to be transferred to the General Fund during the fiscal year beginning July
29     1, 2019, and ending June 30, 2020;
30               •     allows certain funds in the Ambulance Service Provider Assessment
31     Expendable Revenue Fund to be transferred to the General Fund during the
32     fiscal year beginning July 1, 2019, and ending June 30, 2020;
33               •     modifies the purposes for which the Liquor Control Fund may be used and the
34     percentage of revenue from the sale of liquor that is credited to the Liquor
35     Control Fund;
36               •     modifies the percentage of revenue from the sale of liquor that is credited to the
37     Alcoholic Beverage Control Act Enforcement Fund;
38               •     modifies the percentage of revenue from the sale of liquor that is credited to the
39     Underage Drinking Prevention Media and Education Campaign Restricted
40     Account;
41               •     increases the total legislative appropriations that may be made annually from the
42     Uninsured Motorist Identification Restricted Account to the Peace Officer
43     Standards and Training Division;
44               •     increases the total legislative appropriations that may be made annually to the
45     Department of Health from the Tobacco Settlement Restricted Account for
46     certain child dental and health benefits;
47               •     reduces the total legislative appropriations that may be made annually to the
48     Department of Health from the Tobacco Settlement Restricted Account for
49     certain drug prevention programs;
50               •     allows the Ĥ→ [
Division of Emergency Management to] ←Ĥ transfer Ĥ→ of ←Ĥ a
50a     certain amount
51     from the State Disaster Recovery Restricted Account to the governor's
52     emergency appropriations Ĥ→ [
during the fiscal year beginning July 1, 2020, and
53     ending June 30, 2021
] ←Ĥ
;
54               •     requires the Division of Finance to transfer a certain portion of sales and use tax
55     revenue allocated to the Transportation Investment Fund of 2005 to the General
56     Fund;

57               •     increases the total legislative appropriations that may be made annually to the
58     Department of Health from the Electronic Cigarette Substance and Nicotine
59     Product Restricted Account for certain drug prevention programs;
60               •     requires law enforcement to provide a final investigatory report regarding child
61     abuse or neglect to the Division of Child and Family Services upon request and
62     modifies provisions relating to the division's coordination with a law
63     enforcement investigation of child abuse or neglect;
64               •     modifies the circumstances under which the Division of Child and Family
65     Services is required to conduct a preremoval investigation of alleged child abuse
66     or neglect;
67               •     modifies the county reimbursement rate for housing a state probationary or
68     parole inmate;
69               •     delays the effective date of the postpartum recovery leave program for certain
70     state employees;
71               •     extends the date before which the Department of Transportation is required to
72     transfer certain funds relating to the County of the First Class Highway Projects
73     Fund to the Transportation Fund; and
74               •     modifies the circumstances under which a court may vest legal custody of a
75     minor to address the minor's ungovernable or other behavior, mental health, or
76     disability; and
77          ▸     makes technical and conforming changes.
78     Money Appropriated in this Bill:
79          None
80     Other Special Clauses:
81          This bill provides a special effective date.
82     Utah Code Sections Affected:
83     AMENDS:
84          19-6-807, as last amended by Laws of Utah 2013, Chapter 400
85          20A-1-309 (Repealed 08/01/20), as enacted by Laws of Utah 2020, Third Special
86     Session, Chapter 5
87          20A-5-403, as last amended by Laws of Utah 2020, Chapter 31

88          20A-7-103, as last amended by Laws of Utah 2011, Chapter 327
89          20A-7-202.5, as last amended by Laws of Utah 2020, Chapter 277
90          20A-7-203, as last amended by Laws of Utah 2020, Chapter 277
91          20A-7-204.1, as last amended by Laws of Utah 2019, Chapters 255, 275 and last
92     amended by Coordination Clause, Laws of Utah 2019, Chapter 275
93          20A-7-701, as last amended by Laws of Utah 2008, Chapter 225
94          20A-7-702, as last amended by Laws of Utah 2020, Chapter 31
95          26-18-3.8, as last amended by Laws of Utah 2020, Chapter 225
96          26-36d-207, as repealed and reenacted by Laws of Utah 2019, Chapter 455
97          26-37a-107, as enacted by Laws of Utah 2015, Chapter 440
98          32B-2-301, as last amended by Laws of Utah 2018, Chapter 329
99          32B-2-305, as last amended by Laws of Utah 2013, Chapter 400
100          32B-2-306, as last amended by Laws of Utah 2017, Chapter 163
101          41-12a-806, as last amended by Laws of Utah 2019, Chapter 55
102          51-9-201 (Superseded 07/01/20), as last amended by Laws of Utah 2014, Chapter 96
103          51-9-201 (Effective 07/01/20), as last amended by Laws of Utah 2020, Chapter 365
104          53-2a-603, as last amended by Laws of Utah 2019, Chapter 396
105          59-12-103, as last amended by Laws of Utah 2020, Chapters 44 and 379
106          59-14-807 (Effective 07/01/20), as enacted by Laws of Utah 2020, Chapter 347 and last
107     amended by Coordination Clause, Laws of Utah 2020, Chapter 161
108          62A-4a-403, as last amended by Laws of Utah 2018, Chapter 91
109          62A-4a-409, as last amended by Laws of Utah 2020, Chapter 193
110          63J-1-602.2 (Superseded 07/01/20), as last amended by Laws of Utah 2020, Chapters
111     152, 157, and 330
112          63J-1-602.2 (Effective 07/01/20), as last amended by Laws of Utah 2020, Chapters
113     152, 157, 230, 330, 360, and 365
114          64-13e-104, as last amended by Laws of Utah 2020, Chapter 410
115          67-19-14.7 (Superseded 07/01/20), as enacted by Laws of Utah 2020, Chapter 402
116          67-19-14.7 (Effective 07/01/20), as enacted by Laws of Utah 2020, Chapter 402
117          72-2-121, as last amended by Laws of Utah 2020, Chapter 366
118          78A-6-117 (Superseded 07/01/20), as last amended by Laws of Utah 2020, Chapter

119     214 and last amended by Coordination Clause, Laws of Utah 2020, Chapter 214
120          78A-6-117 (Effective 07/01/20), as last amended by Laws of Utah 2020, Chapters 214,
121     230 and last amended by Coordination Clause, Laws of Utah 2020, Chapter 214
122     

123     Be it enacted by the Legislature of the state of Utah:
124          Section 1. Section 19-6-807 is amended to read:
125          19-6-807. Special revenue fund -- Creation -- Deposits.
126          (1) There is created an expendable special revenue fund entitled the "Waste Tire
127     Recycling Fund."
128          (2) The fund shall consist of:
129          (a) the proceeds of the fee imposed under Section 19-6-805; and
130          (b) penalties collected under this part.
131          (3) Money in the fund shall be used for:
132          (a) partial reimbursement of the costs of transporting, processing, recycling, or
133     disposing of waste tires as provided in this part; and
134          (b) payment of administrative costs of local health departments as provided in Section
135     19-6-817.
136          (4) The Legislature may appropriate money from the fund to pay for:
137          (a) the costs of the Department of Environmental Quality in administering and
138     enforcing this part[.]; and
139          (b) other operational costs of the Department of Environmental Quality, if the
140     Legislature estimates there is a deficit in the Department of Environmental Quality's budget for
141     the current or next fiscal year.
142          Section 2. Section 20A-1-309 (Repealed 08/01/20) is amended to read:
143          20A-1-309 (Repealed 08/01/20). Regular primary election, 2020 -- COVID-19
144     measures.
145          (1) (a) As used in this section, "mobile voting county" means a county that opts in to
146     drive-up voting on election day in accordance with Subsection (9).
147          (b) In relation to conducting the 2020 regular primary election, the Legislature takes
148     the action described in this section to protect the public health and safety in relation to the
149     COVID-19 pandemic.

150          (c) If any provision of the Utah Code conflicts with a provision of this section, this
151     section prevails.
152          (2) Notwithstanding any emergency declaration issued under the authority of this state,
153     or any other restriction imposed by the governor, the Department of Health, a local
154     government, a local health department, or any other government entity of the state, and
155     consistent with the requirements of this section, the conduct of the 2020 regular primary
156     election:
157          (a) subject to the provisions of this section, is an essential service, including voting,
158     voter registration, the mailing of ballots, the return of completed ballots, the processing of
159     ballots, the counting and tallying of votes, and the release of election results; and
160          (b) except as expressly provided in this section, is not prohibited or affected by the
161     emergency declaration or restriction.
162          (3) The lieutenant governor's office shall, in consultation with the county clerks and
163     consistent with the provisions of this section and other applicable requirements of law, issue
164     protocols to protect the health and safety of voters and government employees in the conduct of
165     the 2020 regular primary election, including:
166          (a) requiring poll workers to use protective gear and to wash hands regularly;
167          (b) prohibiting ill poll workers from working; and
168          (c) promoting, to the extent practicable, social distancing between poll workers.
169          (4) The lieutenant governor's office shall conduct a campaign to educate the public on
170     the provisions of this section, especially provisions relating to changes in the voter registration,
171     voting methods, and voting process.
172          (5) The lieutenant governor's office may make other modifications relating to
173     deadlines, locations, and methods of conducting the 2020 regular primary election to the extent
174     the modifications are necessary to carry out the provisions of this section.
175          (6) For the 2020 regular primary election only:
176          (a) the entire election will be conducted by mail, except that:
177          (i) a mobile voting county may provide drive-up voting, on election day only, in
178     accordance with the requirements of this section;
179          (ii) a covered voter, as defined in Section 20A-16-102, may vote in any manner
180     approved by the election officer;

181          (iii) an election officer shall:
182          (A) provide a method of accessible voting to a voter with a disability who is not able to
183     vote by mail; and
184          (B) include, on the election officer's website and with each ballot mailed, instructions
185     regarding how a voter described in Subsection (6)(a)(iii)(A) may vote;
186          (iv) a caretaker for a voter described in Subsection (6)(a)(iii) may vote at the same time
187     and place as the voter;
188          (b) except as provided in Subsection (6)(c), the notice of election shall include the
189     following statement: "To help prevent the spread of the coronavirus, for the 2020 regular
190     primary election only:
191          ▸     the election will be conducted entirely by mail;
192          ▸     drop boxes will be available for depositing mail-in ballots until 8 p.m. on
193     election day;
194          ▸     there will be no polling places on election day;
195          ▸     there will be no in person voting, including no in person early voting;
196          ▸     there will be no in person voter registration;
197          ▸     there will be no voter registration by provisional ballot; and
198          ▸     the voter registration deadline is 11 days before the day of the election.
199          An individual with a disability who is not able to vote a manual ballot by mail may
200     obtain information on voting in an accessible manner from the county's website, by contacting
201     the county clerk, or by reviewing the information included with a ballot mailed to the voter.";
202          (c) the notice of election for a mobile voting county shall include the following
203     statement: "To help prevent the spread of the coronavirus, for the 2020 regular primary election
204     only:
205          ▸     the election will be conducted primarily by mail;
206          ▸     drop boxes will be available for depositing mail-in ballots until 8 p.m. on
207     election day;
208          ▸     there will be no regular polling places on election day, but there will be limited
209     drive-up voting on election day, unless the county clerk cancels drive-up voting
210     based on public health concerns;
211          ▸     if drive-up voting is cancelled based on public health concerns, voters will be

212     required to vote by mail;
213          ▸     except for drive-up voting on election day only, there will be no in person
214     voting and no in person early voting;
215          ▸     there will be no in person voter registration;
216          ▸     there will be no voter registration by provisional ballot; and
217          ▸     the voter registration deadline is 11 days before the day of the election.
218          An individual with a disability who is not able to vote a manual ballot by mail may
219     obtain information on voting in an accessible manner from the county's website, by contacting
220     the county clerk, or by reviewing the information included with a ballot mailed to the voter.";
221          (d) except as it relates to drive-up voting for a mobile voting county, and subject to
222     Subsection (9)(k), Section 20A-5-403 is not in effect;
223          (e) the election officer shall mail to each active voter who is eligible to vote in the
224     primary, regardless of whether the voter has requested that the election officer not send a ballot
225     by mail to the voter:
226          (i) a manual ballot, if the voter is affiliated with a political party for which there is a
227     primary election;
228          (ii) a notice to each unaffiliated active voter stating that the voter may request a
229     primary election ballot; and
230          (iii) a manual ballot to each unaffiliated active voter who requests a primary election
231     ballot;
232          (f) early voting will not take place;
233          (g) registration by provisional ballot will not take place and Section 20A-2-207 is not
234     in effect;
235          (h) provisional ballots may only be cast:
236          (i) by mail;
237          (ii) for an individual with a disability, as otherwise authorized by the election officer;
238     or
239          (iii) for a mobile voting county, at a drive-up voting station;
240          (i) the provisions of Section 20A-3a-205 will only be in effect to the extent they can be
241     completed in accordance with Subsection (6)(h);
242          (j) except as it relates to drive-up voting for a mobile voting county, and subject to

243     Subsection (9)(k), Subsections 11-14-202(3), (4)(a)(ii), (4)(a)(iv), (4)(b), and (6) are not in
244     effect;
245          (k) except as it relates to drive-up voting for a mobile voting county, and subject to
246     Subsection (9)(k), the portion of Subsection 11-14-202(4)(a)(iii) following the words "election
247     officer's website" is not in effect;
248          (l) except for a registration completed before April 22, 2020, in person voter
249     registration is not in effect, including registration described in Section 20A-2-201 or
250     Subsection 20A-2-304(1)(a);
251          (m) Subsection 20A-2-307(2)(a) is not in effect;
252          (n) except as it relates to drive-up voting for a mobile voting county, and subject to
253     Subsection (9)(k), Sections 20A-4-101, 20A-4-102, and 20A-4-103 are not in effect;
254          (o) Subsection 20A-4-202(2)(a) is not in effect;
255          (p) the deadline for the canvas to be completed is 21 days after the election;
256          (q) except as it relates to drive-up voting for a mobile voting county, and subject to
257     Subsection (9)(k), Subsections 20A-5-101(4)(b), (4)(c), (4)(e), and (6)(c)(iii) are not in effect;
258          (r) the statement described in Subsections 20A-5-101(4)(d) and 20A-7-702[(2)](1)(m)
259     and [(2)] (1)(n) shall, instead of referring to polling places, refer to:
260          (i) ballot drop boxes; and
261          (ii) for a mobile voting county, drive-up voting stations;
262          [(s) except as it relates to drive-up voting for a mobile voting county, and subject to
263     Subsection (9)(k), the portion of Subsection 20A-7-702(3)(c) following the words "upon
264     request" are not in effect;]
265          [(t)] (s) Subsection 20A-7-801(3)(c) is not in effect;
266          [(u)] (t) (i) except as provided in Subsection (6)(u)(ii), the statement described in
267     Subsection 20A-5-101(6)(b) shall state "A [indicate election type] will be held in [indicate the
268     jurisdiction] on [indicate date of election]. Information relating to the election, including ballot
269     drop box locations, accessible options for voters with a disability, and qualifications of voters
270     may be obtained from the following sources:";
271          (ii) for a mobile voting county, the statement described in Subsection 20A-5-101(6)(b)
272     shall state "A [indicate election type] will be held in [indicate the jurisdiction] on [indicate date
273     of election]. Information relating to the election, including ballot drop box locations, drive-up

274     voting locations, accessible options for voters with a disability, and qualifications of voters
275     may be obtained from the following sources:";
276          [(v)] (u) except as it relates to drive-up voting for a mobile voting county, and subject
277     to Subsection (9)(k):
278          (i) the portion of Subsection 20A-5-102(1)(c)(xiii) following the words "date of the
279     election" are not in effect; and
280          (ii) Subsection 20A-5-102(2) is not in effect;
281          [(w)] (v) the election officer may modify the number of poll workers to an amount that
282     the election officer determines is appropriate and may alter or otherwise designate the duties of
283     poll workers in general, and of each individual poll worker;
284          [(x)] (w) the election officer may reduce the number of watchers and alter or otherwise
285     regulate the placement and conduct of watchers as the election officer determines is
286     appropriate;
287          [(y)] (x) in Section 20A-6-203:
288          (i) the provisions relating to voting booths are not in effect; and
289          (ii) except as it relates to drive-up voting for a mobile voting county, and subject to
290     Subsection (9)(k), the provisions relating to ballot boxes are not in effect; and
291          [(z)] (y) an election officer may not release any ballot counts or any other election
292     results or updates to the public before 10 p.m. on election day.
293          (7) For the 2020 regular primary election only, with respect to the version of the Utah
294     Code otherwise in effect before May 12, 2020:
295          (a) except as it relates to drive-up voting for a mobile voting county, and subject to
296     Subsection (9)(k), Subsection 20A-3-202.3(3)(b)(ii) is not in effect;
297          (b) except as it relates to drive-up voting for a mobile voting county, and subject to
298     Subsection (9)(k), Subsections 20A-3-302(2)(a)(ii) and (v) and (6)(a), (b), and (c) are not in
299     effect;
300          [(c) Subsection 20A-3-306.5(3)(a) is not in effect;]
301          [(d)] (c) Chapter 3a, Part 6, Early Voting, is not in effect;
302          [(e)] (d) except as it relates to drive-up voting for a mobile voting county, and subject
303     to Subsection (9)(k), Chapter 3a, Part 7, Election Day Voting Center, is not in effect;
304          [(f)] (e) Subsections 20A-5-101(4)(b), (c), and (e) are not in effect;

305          [(g)] (f) the portion of Subsection 20A-5-101(4)(d) that follows the words "election
306     officer's website" is not in effect; and
307          [(h)] (g) except as it relates to drive-up voting for a mobile voting county, and subject
308     to Subsection (9)(k), the portion of Subsection 20A-5-101(6)(b) that states "polling places,
309     polling place hours, and" is not in effect.
310          (8) For the 2020 regular primary election only, with respect to the version of the Utah
311     Code otherwise in effect beginning on May 12, 2020:
312          (a) Subsections 20A-2-102.5(2)(a)(i), (2)(b), and (2)(c) are not in effect;
313          (b) the portion of Subsection 20A-2-202(3)(b) following the words "pending election"
314     is not in effect;
315          (c) the portion of Subsection 20A-2-204(6)(c)(iii) following the words "pending
316     election" is not in effect;
317          (d) the portion of Subsection 20A-2-205(7)(b) following the words "pending election"
318     is not in effect;
319          (e) Subsection 20A-2-206(9)(b) is not in effect;
320          (f) Section 20A-3a-105 is not in effect, except:
321          (i) as it applies to an individual with a disability; or
322          (ii) as it relates to drive-up voting for a mobile voting county, subject to Subsection
323     (9)(k);
324          (g) except as it relates to drive-up voting for a mobile voting county, and subject to
325     Subsection (9)(k), Subsections 20A-3a-201(1)(b) and (c) are not in effect;
326          (h) (i) except as it relates to drive-up voting for a mobile voting county, and subject to
327     Subsection (9)(k), Subsections 20A-3a-202(2)(a)(iv) and (v), (8)(a), (b), and (c) are not in
328     effect; and
329          (ii) Subsection 20A-3a-202(10) is not in effect;
330          (i) except as it relates to drive-up voting for a mobile voting county, and subject to
331     Subsection (9)(k), Section 20A-3a-203 is not in effect;
332          (j) the deadline for a postmark or other mark described in Subsection
333     20A-3a-204(2)(a)(i) is extended to on or before election day;
334          (k) the words "in line at" in Subsection 20A-3a-204(2)(d) are replaced with the words
335     "waiting in the vicinity of";

336          (l) except as it relates to drive-up voting for a mobile voting county, and subject to
337     Subsection (9)(k), Subsections 20A-3a-204(2)(b)(i), (3), (4), (7), (8), and (9) are not in effect;
338          (m) the words "enter a polling place" in Subsection 20A-3a-208(1) are replaced with
339     the word "vote";
340          (n) except as it relates to drive-up voting for a mobile voting county, and subject to
341     Subsection (9)(k), Subsections 20A-3a-209(1) and (2) are not in effect;
342          (o) Section 20A-3a-301 is in effect only to the extent that the process can be
343     completed:
344          (i) by mail;
345          (ii) for a mobile voting county, via a drive-up voting center; or
346          (iii) if approved by the lieutenant governor's office, electronic means;
347          (p) except as it relates to drive-up voting for a mobile voting county, and subject to
348     Subsection (9)(k), Section 20A-3a-402 is not in effect;
349          (q) Chapter 3a, Part 6, Early Voting, is not in effect;
350          (r) except as it relates to drive-up voting for a mobile voting county, and subject to
351     Subsection (9)(k), Chapter 3a, Part 7, Election Day Voting Center, is not in effect;
352          (s) Subsection 20A-3a-804(1)(b) shall be completed by mail;
353          (t) except as it relates to drive-up voting for a mobile voting county, and subject to
354     Subsection (9)(k), the portion of Subsection 20A-3a-804(3)(b)(ii) following the words
355     "provisional ballot" is not in effect;
356          (u) Subsection 20A-3a-804(4)(a) is not in effect, and the election officer is, instead,
357     required to determine whether each challenged individual is eligible to vote before the day on
358     which the canvass is held;
359          (v) except as it relates to drive-up voting for a mobile voting county, and subject to
360     Subsection (9)(k), Section 20A-3a-805 is not in effect;
361          (w) the requirement in Subsection 20A-4-303(1)(b) regarding a public canvass may be
362     fulfilled by recording the canvass and making the recording available to the public;
363          (x) Subsection 20A-5-403.5(3)(b) is not in effect;
364          (y) except as it relates to drive-up voting for a mobile voting county, and subject to
365     Subsection (9)(k), Subsection 20A-5-205(2) is not in effect;
366          (z) except as it relates to drive-up voting for a mobile voting county, and subject to

367     Subsection (9)(k), Section 20A-5-404 is not in effect;
368          (aa) (i) Subsections 20A-5-405(1)(h)(i) and (2)(c)(ii) are not in effect; and
369          (ii) except as it relates to drive-up voting for a mobile voting county, and subject to
370     Subsection (9)(k), Subsections 20A-5-405(1)(i) and (3)(b)(ii) are not in effect;
371          (bb) except as it relates to drive-up voting for a mobile voting county, and subject to
372     Subsection (9)(k), Sections 20A-5-406 and 20A-5-407 are not in effect; and
373          (cc) the "in person" requirement in Subsection 20A-7-609.5(3)(a)(i) is not in effect.
374          (9) (a) A county is a mobile voting county if, before 5 p.m. on May 1, 2020, the county
375     clerk notifies the lieutenant governor's office that the county will be a mobile voting county.
376          (b) Except as provided in Subsection (9)(j), a mobile voting county shall operate one or
377     more drive-up voting stations during normal polling hours on election day.
378          (c) Only a mobile voting county may operate a drive-up voting station.
379          (d) A mobile voting county may not operate a drive-up voting station at any time other
380     than during normal polling hours on election day.
381          (e) Vehicles in line at a drive-up voting station at 8 p.m. may vote at the drive-up
382     voting station.
383          (f) A mobile voting county shall:
384          (i) establish procedures and requirements to protect the health and welfare of voters
385     and poll workers at a drive-up voting station, including the use of protective gear;
386          (ii) operate the drive-up voting station in a manner that permits a voter to vote while
387     remaining in a vehicle;
388          (iii) take measures to ensure that a voter's vote is secret and secure; and
389          (iv) conduct a campaign to encourage voters to vote by mail rather than at a drive-up
390     voting station.
391          (g) Any duty of care owed by a government entity in relation to a drive-up voting
392     station is the sole responsibility of the mobile voting county, not the state.
393          (h) This section does not impose a duty of care or other legal liability not already owed
394     under the provisions of law.
395          (i) A drive-up voting station is a polling place.
396          (j) (i) The county clerk of a mobile voting county may cancel drive-up voting or close a
397     drive-up voting station if the county clerk determines that cancellation is necessary to protect

398     the public health and welfare.
399          (ii) If cancellation or closure occurs under Subsection (9)(j)(i), the county clerk shall
400     give notice of the cancellation or closure as soon as reasonably possible, in the manner that the
401     county clerk determines is best under the circumstances, and a voter must then vote by placing
402     the ballot that the voter received by mail in a ballot box.
403          (iii) A voter who waits to vote until election day assumes the risk that a drive-up voting
404     station may close at any time to protect the public health and welfare and that the voter may be
405     required to vote by placing the ballot that the voter received by mail in a ballot box.
406          (k) A county clerk of a mobile voting county may, consistent with the provisions of
407     this section and the other requirements of law that remain in effect for the 2020 regular primary
408     election, alter requirements relating to a polling place to the extent necessary to address the
409     practical differences between drive-up voting and voting in a building.
410          (10) This section does not supercede a federal court order entered in relation to
411     elections in San Juan County.
412          Section 3. Section 20A-5-403 is amended to read:
413          20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections --
414     Arrangements.
415          (1) Except as provided in Section 20A-7-609.5, each election officer shall:
416          (a) designate polling places for each voting precinct in the jurisdiction; and
417          (b) obtain the approval of the county or municipal legislative body or local district
418     governing board for those polling places.
419          (2) (a) For each polling place, the election officer shall provide:
420          (i) an American flag;
421          (ii) a sufficient number of voting booths or compartments;
422          (iii) the voting devices, voting booths, ballots, ballot boxes, and any other records and
423     supplies necessary to enable a voter to vote;
424          (iv) the constitutional amendment cards required by Part 1, Election Notices and
425     Instructions;
426          [(v) voter information pamphlets required by Chapter 7, Part 7, Voter Information
427     Pamphlet;]
428          [(vi)] (v) the instructions required by Section 20A-5-102; and

429          [(vii)] (vi) a sign, to be prominently displayed in the polling place, indicating that valid
430     voter identification is required for every voter before the voter may vote and listing the forms
431     of identification that constitute valid voter identification.
432          (b) Each election officer shall ensure that:
433          (i) each voting booth is at a convenient height for writing, and is arranged so that the
434     voter can prepare the voter's ballot screened from observation;
435          (ii) there are a sufficient number of voting booths or voting devices to accommodate
436     the voters at that polling place; and
437          (iii) there is at least one voting booth or voting device that is configured to
438     accommodate persons with disabilities.
439          (c) Each county clerk shall provide a ballot box for each polling place that is large
440     enough to properly receive and hold the ballots to be cast.
441          (3) (a) All polling places shall be physically inspected by each county clerk to ensure
442     access by a person with a disability.
443          (b) Any issues concerning inaccessibility to polling places by a person with a disability
444     discovered during the inspections referred to in Subsection (3)(a) or reported to the county
445     clerk shall be:
446          (i) forwarded to the Office of the Lieutenant Governor; and
447          (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
448     either:
449          (A) remedied at the particular location by the county clerk;
450          (B) the county clerk shall designate an alternative accessible location for the particular
451     precinct; or
452          (C) if no practical solution can be identified, file with the Office of the Lieutenant
453     Governor a written explanation identifying the reasons compliance cannot reasonably be met.
454          (4) (a) The municipality in which the election is held shall pay the cost of conducting
455     each municipal election, including the cost of printing and supplies.
456          (b) (i) Costs assessed by a county clerk to a municipality under this section may not
457     exceed the actual costs incurred by the county clerk.
458          (ii) The actual costs shall include:
459          (A) costs of or rental fees associated with the use of election equipment and supplies;

460     and
461          (B) reasonable and necessary administrative costs.
462          (5) The county clerk shall make detailed entries of all proceedings had under this
463     chapter.
464          (6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time
465     that an individual waits in line before the individual can vote at a polling location in the county
466     does not exceed 30 minutes.
467          (b) The lieutenant governor may require a county clerk to submit a line management
468     plan before the next election if an individual waits in line at a polling location in the county
469     longer than 30 minutes before the individual can vote.
470          (c) The lieutenant governor may consider extenuating circumstances in deciding
471     whether to require the county clerk to submit a plan described in Subsection (6)(b).
472          (d) The lieutenant governor shall review each plan submitted under Subsection (6)(b)
473     and consult with the county clerk submitting the plan to ensure, to the extent possible, that the
474     amount of time an individual waits in line before the individual can vote at a polling location in
475     the county does not exceed 30 minutes.
476          Section 4. Section 20A-7-103 is amended to read:
477          20A-7-103. Constitutional amendments and other questions submitted by the
478     Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
479          (1) The procedures contained in this section govern when the Legislature submits a
480     proposed constitutional amendment or other question to the voters.
481          (2) [In addition to the publication in the voter information pamphlet required by
482     Section 20A-7-702, the] The lieutenant governor shall, not more than 60 days or less than 14
483     days before the date of the election, publish the full text of the amendment, question, or statute
484     in at least one newspaper in every county of the state where a newspaper is published.
485          (3) The legislative general counsel shall:
486          (a) entitle each proposed constitutional amendment "Constitutional Amendment __"
487     and assign it a letter according to the requirements of Section 20A-6-107;
488          (b) entitle each proposed question "Proposition Number __" with the number assigned
489     to the proposition under Section 20A-6-107 placed in the blank;
490          (c) draft and designate a ballot title for each proposed amendment or question

491     submitted by the Legislature that summarizes the subject matter of the amendment or question;
492     and
493          (d) deliver each number and title to the lieutenant governor.
494          (4) The lieutenant governor shall certify the number and ballot title of each amendment
495     or question to the county clerk of each county no later than 65 days before the date of the
496     election.
497          (5) The county clerk of each county shall:
498          (a) ensure that both the number and title of each amendment and question is printed on
499     the sample ballots and official ballots; and
500          (b) publish them as provided by law.
501          Section 5. Section 20A-7-202.5 is amended to read:
502          20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
503     to estimate.
504          (1) Within three working days after the day on which the lieutenant governor receives
505     an application for an initiative petition, the lieutenant governor shall submit a copy of the
506     application to the Office of the Legislative Fiscal Analyst.
507          (2) (a) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good
508     faith initial fiscal impact estimate of the law proposed by the initiative, not exceeding 100
509     words plus 100 words per revenue source created or impacted by the proposed law, that
510     contains:
511          (i) a description of the total estimated fiscal impact of the proposed law over the time
512     period or time periods determined by the Office of the Legislative Fiscal Analyst to be most
513     useful in understanding the estimated fiscal impact of the proposed law;
514          (ii) if the proposed law would increase taxes, decrease taxes, or impose a new tax, a
515     dollar amount representing the total estimated increase or decrease for each type of tax affected
516     under the proposed law, a dollar amount showing the estimated amount of a new tax, and a
517     dollar amount representing the total estimated increase or decrease in taxes under the proposed
518     law;
519          (iii) if the proposed law would increase a particular tax or tax rate, the tax percentage
520     difference and the tax percentage increase for each tax or tax rate increased;
521          (iv) if the proposed law would result in the issuance or a change in the status of bonds,

522     notes, or other debt instruments, a dollar amount representing the total estimated increase or
523     decrease in public debt under the proposed law;
524          (v) a dollar amount representing the estimated cost or savings, if any, to state or local
525     government entities under the proposed law;
526          (vi) if the proposed law would increase costs to state government, a listing of all
527     sources of funding for the estimated costs; and
528          (vii) a concise description and analysis titled "Funding Source," not to exceed 100
529     words for each funding source, of the funding source information described in Subsection
530     20A-7-202(2)(d)(ii).
531          (b) If the proposed law is estimated to have no fiscal impact, the Office of the
532     Legislative Fiscal Analyst shall include a summary statement in the initial fiscal impact
533     statement in substantially the following form:
534          "The Office of the Legislative Fiscal Analyst estimates that the law proposed by this
535     initiative would have no significant fiscal impact and would not result in either an increase or
536     decrease in taxes or debt."
537          [(3) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good faith
538     estimate of the cost of printing and distributing information related to the initiative petition in:]
539          [(a) the voter information pamphlet as required by Chapter 7, Part 7, Voter Information
540     Pamphlet; or]
541          [(b) the newspaper, as required by Section 20A-7-702.]
542          [(4)] (3) Within 25 calendar days after the day on which the lieutenant governor
543     delivers a copy of the application, the Office of the Legislative Fiscal Analyst shall:
544          (a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
545     office; and
546          (b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
547     the initiative application.
548          [(5)] (4) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar
549     days after the day on which the Office of the Legislative Fiscal Analyst delivers the initial
550     fiscal impact estimate to the lieutenant governor's office, file a petition with the appropriate
551     court, alleging that the initial fiscal impact estimate, taken as a whole, is an inaccurate estimate
552     of the fiscal impact of the initiative.

553          (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
554     notice of the petition to:
555          (A) any person or group that has filed an argument with the lieutenant governor's office
556     for or against the measure that is the subject of the challenge; and
557          (B) any political issues committee established under Section 20A-11-801 that has filed
558     written or electronic notice with the lieutenant governor that identifies the name, mailing or
559     email address, and telephone number of the person designated to receive notice about any
560     issues relating to the initiative.
561          (b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
562     Office of the Legislative Fiscal Analyst is based upon reasonable assumptions, uses reasonable
563     data, and applies accepted analytical methods to present the estimated fiscal impact of the
564     initiative.
565          (ii) The court may not revise the contents of, or direct the revision of, the initial fiscal
566     impact estimate unless the plaintiffs rebut the presumption by clear and convincing evidence
567     that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate statement of
568     the estimated fiscal impact of the initiative.
569          (iii) The court may refer an issue related to the initial fiscal impact estimate to a master
570     to examine the issue and make a report in accordance with Utah Rules of Civil Procedure, Rule
571     53.
572          (c) The court shall certify to the lieutenant governor a fiscal impact estimate for the
573     measure that meets the requirements of this section.
574          Section 6. Section 20A-7-203 is amended to read:
575          20A-7-203. Form of initiative petition and signature sheets.
576          (1) (a) Each proposed initiative petition shall be printed in substantially the following
577     form:
578          "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
579          We, the undersigned citizens of Utah, respectfully demand that the following proposed
580     law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
581     regular general election/session to be held/ beginning on _________(month\day\year);
582          Each signer says:
583          I have personally signed this petition;

584          I am registered to vote in Utah or intend to become registered to vote in Utah before the
585     certification of the petition names by the county clerk; and
586          My residence and post office address are written correctly after my name.
587          NOTICE TO SIGNERS:
588          Public hearings to discuss this petition were held at: (list dates and locations of public
589     hearings.)"
590          (b) If the initiative petition proposes a tax increase, the following statement shall
591     appear, in at least 14-point, bold type, immediately following the information described in
592     Subsection (1)(a):
593          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
594     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
595     percent increase in the current tax rate."
596          (c) The sponsors of an initiative shall attach a copy of the proposed law to each
597     initiative petition.
598          (2) Each signature sheet shall:
599          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
600          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
601     that line blank for the purpose of binding;
602          (c) contain the title of the initiative printed below the horizontal line, in at least
603     14-point, bold type;
604          (d) be vertically divided into columns as follows:
605          (i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
606     be.25 inch wide, and be headed, together with the second column, "For Office Use Only";
607          (ii) the second column shall be .25 inch wide;
608          (iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
609     Name (must be legible to be counted)";
610          (iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
611     Voter";
612          (v) the fifth column shall be .75 inch wide, headed "Date Signed";
613          (vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
614     Code"; and

615          (vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
616          (e) be horizontally divided into rows as follows:
617          (i) the top of the first row, for the purpose of entering the information described in
618     Subsection (2)(d), shall be .5 inch high;
619          (ii) the second row shall be .15 inch high and contain the following statement printed
620     or typed in not less than 12-point type:
621          "By signing this petition, you are stating that you have read and understand the law
622     proposed by this petition."; and
623          (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
624     bottom of the sheet for the information described in Subsection (2)(f); and
625          (f) at the bottom of the sheet, contain in the following order:
626          (i) the title of the initiative, in at least 14-point, bold type;
627          (ii) except as provided in Subsection (4), the initial fiscal impact estimate's summary
628     statement issued by the Office of the Legislative Fiscal Analyst in accordance with Subsection
629     20A-7-202.5(2)(a), including any update in accordance with Subsection 20A-7-204.1(5), [and
630     the cost estimate for printing and distributing information related to the initiative petition in
631     accordance with Subsection 20A-7-202.5(3),] in not less than 12-point, bold type;
632          (iii) the word "Warning," followed by the following statement in not less than
633     eight-point type:
634          "It is a class A misdemeanor for an individual to sign an initiative petition with a name
635     other than the individual's own name, or to knowingly sign the individual's name more than
636     once for the same measure, or to sign an initiative petition when the individual knows that the
637     individual is not a registered voter and knows that the individual does not intend to become
638     registered to vote before the certification of the petition names by the county clerk.";
639          (iv) the following statement: "Birth date or age information is not required, but it may
640     be used to verify your identity with voter registration records. If you choose not to provide it,
641     your signature may not be verified as a valid signature if you change your address before
642     petition signatures are verified or if the information you provide does not match your voter
643     registration records."; and
644          (v) if the initiative petition proposes a tax increase, spanning the bottom of the sheet,
645     horizontally, in not less than 14-point, bold type, the following statement:

646          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
647     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
648     percent increase in the current tax rate."
649          (3) The final page of each initiative packet shall contain the following printed or typed
650     statement:
651          "Verification
652          State of Utah, County of ____
653          I, _______________, of ____, hereby state, under penalty of perjury, that:
654          I am a resident of Utah and am at least 18 years old;
655          All the names that appear in this packet were signed by individuals who professed to be
656     the individuals whose names appear in it, and each of the individuals signed the individual's
657     name on it in my presence;
658          I believe that each individual has printed and signed the individual's name and written
659     the individual's post office address and residence correctly, that each signer has read and
660     understands the law proposed by the initiative, and that each signer is registered to vote in Utah
661     or intends to become registered to vote before the certification of the petition names by the
662     county clerk.
663          Each individual who signed the packet wrote the correct date of signature next to the
664     individual's name.
665          I have not paid or given anything of value to any individual who signed this petition to
666     encourage that individual to sign it.
667     ________________________________________________________________________
668          (Name) (Residence Address) (Date)"
669          (4) If the initial fiscal impact estimate described in Subsection (2)(f), as updated in
670     accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the Legislative
671     Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on a
672     signature sheet, that does not exceed 200 words.
673          (5) If the forms described in this section are substantially followed, the initiative
674     petitions are sufficient, notwithstanding clerical and merely technical errors.
675          Section 7. Section 20A-7-204.1 is amended to read:
676          20A-7-204.1. Public hearings to be held before initiative petitions are circulated --

677     Changes to an initiative and initial fiscal impact estimate.
678          (1) (a) After issuance of the initial fiscal impact estimate by the Office of the
679     Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
680     sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
681     follows:
682          (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
683          (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
684     County;
685          (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
686          (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
687     County;
688          (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
689          (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
690          (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
691     County.
692          (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
693     the public hearings in a first or second class county, but not in the same county.
694          (c) The sponsors may not hold a public hearing described in this section until the later
695     of:
696          (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
697     estimate under Subsection 20A-7-202.5[(4)](3)(b); or
698          (ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
699     impact statement under Section 20A-7-202.5, the day after the day on which the action is final.
700          (2) The sponsors shall:
701          (a) before 5 p.m. at least three calendar days before the date of the public hearing,
702     provide written notice of the public hearing to:
703          (i) the lieutenant governor for posting on the state's website; and
704          (ii) each state senator, state representative, and county commission or county council
705     member who is elected in whole or in part from the region where the public hearing will be
706     held; and
707          (b) publish written notice of the public hearing, including the time, date, and location

708     of the public hearing, in each county in the region where the public hearing will be held:
709          (i) (A) at least three calendar days before the day of the public hearing, in a newspaper
710     of general circulation in the county;
711          (B) if there is no newspaper of general circulation in the county, at least three calendar
712     days before the day of the public hearing, by posting one copy of the notice, and at least one
713     additional copy of the notice per 2,000 population of the county, in places within the county
714     that are most likely to give notice to the residents of the county; or
715          (C) at least seven days before the day of the public hearing, by mailing notice to each
716     residence in the county;
717          (ii) on the Utah Public Notice Website created in Section 63F-1-701, for at least three
718     calendar days before the day of the public hearing;
719          (iii) in accordance with Section 45-1-101, for at least three calendar days before the
720     day of the public hearing; and
721          (iv) on the county's website for at least three calendar days before the day of the public
722     hearing.
723          (3) If the initiative petition proposes a tax increase, the written notice described in
724     Subsection (2) shall include the following statement, in bold, in the same font and point size as
725     the largest font and point size appearing in the notice:
726          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
727     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
728     percent increase in the current tax rate."
729          (4) (a) During the public hearing, the sponsors shall either:
730          (i) video tape or audio tape the public hearing and, when the hearing is complete,
731     deposit the complete audio or video tape of the meeting with the lieutenant governor; or
732          (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
733     each speaker and summarizing each speaker's comments.
734          (b) The lieutenant governor shall make copies of the tapes or minutes available to the
735     public.
736          (c) For each public hearing, the sponsors shall:
737          (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
738     impact statement in a conspicuous location at the entrance to the room where the sponsors hold

739     the public hearing; and
740          (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
741     public hearing attendees, in a conspicuous location at the entrance to the room where the
742     sponsors hold the public hearing.
743          (5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
744     seventh public hearing described in Subsection (1)(a), and before circulating an initiative
745     petition for signatures, the sponsors of the initiative petition may change the text of the
746     proposed law if:
747          (i) a change to the text is:
748          (A) germane to the text of the proposed law filed with the lieutenant governor under
749     Section 20A-7-202; and
750          (B) consistent with the requirements of Subsection 20A-7-202(5); and
751          (ii) each sponsor signs, attested to by a notary public, an application addendum to
752     change the text of the proposed law.
753          (b) (i) Within three working days after the day on which the lieutenant governor
754     receives an application addendum to change the text of the proposed law in an initiative
755     petition, the lieutenant governor shall submit a copy of the application addendum to the Office
756     of the Legislative Fiscal Analyst.
757          (ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
758     estimate by following the procedures and requirements of Section 20A-7-202.5 to reflect a
759     change to the text of the proposed law.
760          Section 8. Section 20A-7-701 is amended to read:
761          20A-7-701. Voter information pamphlet to be prepared.
762          (1) The lieutenant governor shall cause to be [printed] prepared a voter information
763     pamphlet designed to inform the voters of the state of the content, effect, operation, fiscal
764     impact, and the supporting and opposing arguments of any measure submitted to the voters by
765     the Legislature or by a statewide initiative or referendum petition.
766          (2) The pamphlet shall also include a separate section prepared, analyzed, and
767     submitted by the Judicial Council describing the judicial selection and retention process.
768          [(3) The lieutenant governor shall cause to be printed as many voter information
769     pamphlets as needed to comply with the provisions of this chapter.]

770          [(4)] (3) Voter information pamphlets prepared in association with a local initiative or
771     a local referendum shall be prepared in accordance with the procedures and requirements of
772     Section 20A-7-402.
773          Section 9. Section 20A-7-702 is amended to read:
774          20A-7-702. Voter information pamphlet -- Form -- Contents.
775          [(1) The lieutenant governor shall ensure that all information submitted for publication
776     in the voter information pamphlet is:]
777          [(a) printed and bound in a single pamphlet;]
778          [(b) printed in clear readable type, no less than 10 point, except that the text of any
779     measure may be set forth in eight-point type; and]
780          [(c) printed on a quality and weight of paper that best serves the voters.]
781          [(2)] (1) The voter information pamphlet shall contain the following items in this
782     order:
783          (a) a cover title page;
784          (b) an introduction to the pamphlet by the lieutenant governor;
785          (c) a table of contents;
786          (d) a list of all candidates for constitutional offices;
787          (e) a list of candidates for each legislative district;
788          (f) a 100-word statement of qualifications for each candidate for the office of governor,
789     lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
790     candidate to the lieutenant governor's office before 5 p.m. on the first business day in August
791     before the date of the election;
792          (g) information pertaining to all measures to be submitted to the voters, beginning a
793     new page for each measure and containing, in the following order for each measure:
794          (i) a copy of the number and ballot title of the measure;
795          (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
796     the Legislature or by referendum;
797          (iii) the impartial analysis of the measure prepared by the Office of Legislative
798     Research and General Counsel;
799          (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
800     measure, the arguments against the measure, and the rebuttal to the arguments against the

801     measure, with the name and title of the authors at the end of each argument or rebuttal;
802          (v) for each constitutional amendment, a complete copy of the text of the constitutional
803     amendment, with all new language underlined, and all deleted language placed within brackets;
804          (vi) for each initiative qualified for the ballot:
805          (A) a copy of the measure as certified by the lieutenant governor and a copy of the
806     fiscal impact estimate prepared according to Section 20A-7-202.5; and
807          (B) if the initiative proposes a tax increase, the following statement in bold type:
808          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
809     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
810     increase in the current tax rate."; and
811          (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
812     being submitted to the voters for their approval or rejection, with all new language underlined
813     and all deleted language placed within brackets, as applicable;
814          (h) a description provided by the Judicial Performance Evaluation Commission of the
815     selection and retention process for judges, including, in the following order:
816          (i) a description of the judicial selection process;
817          (ii) a description of the judicial performance evaluation process;
818          (iii) a description of the judicial retention election process;
819          (iv) a list of the criteria of the judicial performance evaluation and the minimum
820     performance standards;
821          (v) the names of the judges standing for retention election; and
822          (vi) for each judge:
823          (A) a list of the counties in which the judge is subject to retention election;
824          (B) a short biography of professional qualifications and a recent photograph;
825          (C) a narrative concerning the judge's performance;
826          (D) for each standard of performance, a statement identifying whether or not the judge
827     met the standard and, if not, the manner in which the judge failed to meet the standard;
828          (E) a statement identifying whether or not the Judicial Performance Evaluation
829     Commission recommends the judge be retained or declines to make a recommendation and the
830     number of votes for and against the commission's recommendation;
831          (F) any statement provided by a judge who is not recommended for retention by the

832     Judicial Performance Evaluation Commission under Section 78A-12-203;
833          (G) in a bar graph, the average of responses to each survey category, displayed with an
834     identification of the minimum acceptable score as set by Section 78A-12-205 and the average
835     score of all judges of the same court level; and
836          (H) a website address that contains the Judicial Performance Evaluation Commission's
837     report on the judge's performance evaluation;
838          (i) for each judge, a statement provided by the Utah Supreme Court identifying the
839     cumulative number of informal reprimands, when consented to by the judge in accordance with
840     Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
841     censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
842     VIII, Section 13, during the judge's current term and the immediately preceding term, and a
843     detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
844     that the judge has received;
845          (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
846     indicating the ballot marking procedure used by each county and explaining how to mark the
847     ballot for each procedure;
848          (k) voter registration information, including information on how to obtain a ballot;
849          (l) a list of all county clerks' offices and phone numbers;
850          (m) the address of the Statewide Electronic Voter Information Website, with a
851     statement indicating that the election officer will post on the website any changes to the
852     location of a polling place and the location of any additional polling place;
853          (n) a phone number that a voter may call to obtain information regarding the location
854     of a polling place; and
855          (o) on the back cover page, a printed copy of the following statement signed by the
856     lieutenant governor:
857          "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
858     measures contained in this pamphlet will be submitted to the voters of Utah at the election to
859     be held throughout the state on ____ (date of election), and that this pamphlet is complete and
860     correct according to law.
861     SEAL
862          Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day

863     of ____ (month), ____ (year)
864     
(signed) ____________________________________

865     
Lieutenant Governor"

866          [(3)] (2) No earlier than 75 days, and no later than 15 days, before the day on which
867     voting commences, the lieutenant governor shall[:] make all information provided in the voter
868     information pamphlet available on the Statewide Electronic Voter Information Website
869     Program described in Section 20A-7-801.
870          [(a) (i) distribute one copy of the voter information pamphlet to each household within
871     the state;]
872          [(ii) distribute to each household within the state a notice:]
873          [(A) printed on a postage prepaid, preaddressed return form that a person may use to
874     request delivery of a voter information pamphlet by mail;]
875          [(B) that states the address of the Statewide Electronic Voter Information Website
876     authorized by Section 20A-7-801; and]
877          [(C) that states the phone number a voter may call to request delivery of a voter
878     information pamphlet by mail; or]
879          [(iii) ensure that one copy of the voter information pamphlet is placed in one issue of
880     every newspaper of general circulation in the state;]
881          [(b) ensure that a sufficient number of printed voter information pamphlets are
882     available for distribution as required by this section;]
883          [(c) provide voter information pamphlets to each county clerk for free distribution upon
884     request and for placement at polling places; and]
885          [(d) ensure that the distribution of the voter information pamphlets is completed 15
886     days before the election.]
887          [(4)] (3) The lieutenant governor may distribute a voter information pamphlet at a
888     location frequented by a person who cannot easily access the Statewide Electronic Voter
889     Information Website authorized by Section 20A-7-801.
890          Section 10. Section 26-18-3.8 is amended to read:
891          26-18-3.8. Maximizing use of premium assistance programs -- Utah's Premium
892     Partnership for Health Insurance.
893          (1) (a) The department shall seek to maximize the use of Medicaid and Children's

894     Health Insurance Program funds for assistance in the purchase of private health insurance
895     coverage for Medicaid-eligible and non-Medicaid-eligible individuals.
896          (b) The department's efforts to expand the use of premium assistance shall:
897          (i) include, as necessary, seeking federal approval under all Medicaid and Children's
898     Health Insurance Program premium assistance provisions of federal law, including provisions
899     of the Patient Protection and Affordable Care Act, Public Law 111-148;
900          (ii) give priority to, but not be limited to, expanding the state's Utah Premium
901     Partnership for Health Insurance Program, including as required under Subsection (2); and
902          (iii) encourage the enrollment of all individuals within a household in the same plan,
903     where possible, including enrollment in a plan that allows individuals within the household
904     transitioning out of Medicaid to retain the same network and benefits they had while enrolled
905     in Medicaid.
906          (2) The department shall seek federal approval of an amendment to the state's Utah
907     Premium Partnership for Health Insurance program to adjust the eligibility determination for
908     single adults and parents who have an offer of employer sponsored insurance. The amendment
909     shall:
910          (a) be within existing appropriations for the Utah Premium Partnership for Health
911     Insurance program; and
912          (b) provide that adults who are up to 200% of the federal poverty level are eligible for
913     premium subsidies in the Utah Premium Partnership for Health Insurance program.
914          [(3) For fiscal year 2021-22, the department shall seek authority to increase the
915     maximum premium subsidy per month for adults under the Utah Premium Partnership for
916     Health Insurance program to $300.]
917          [(4) Beginning with fiscal year 2021-22, and in each subsequent year, the department
918     may increase premium subsidies for single adults and parents who have an offer of
919     employer-sponsored insurance to keep pace with the increase in insurance premium costs
920     subject to appropriation of additional funding.]
921          Section 11. Section 26-36d-207 is amended to read:
922          26-36d-207. Hospital Provider Assessment Expendable Revenue Fund.
923          (1) There is created an expendable special revenue fund known as the "Hospital
924     Provider Assessment Expendable Revenue Fund."

925          (2) The fund shall consist of:
926          (a) the assessments collected by the department under this chapter;
927          (b) any interest and penalties levied with the administration of this chapter; and
928          (c) any other funds received as donations for the fund and appropriations from other
929     sources.
930          (3) Money in the fund shall be used:
931          (a) to support capitated rates consistent with Subsection 26-36d-203(1)(d) for
932     accountable care organizations; and
933          (b) to reimburse money collected by the division from a hospital through a mistake
934     made under this chapter.
935          (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
936     ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs
937     described in Subsection (3) shall be deposited into the General Fund.
938          (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
939     from the General Fund to the fund and the interest and penalties deposited into the fund under
940     Subsection (2)(b).
941          Section 12. Section 26-37a-107 is amended to read:
942          26-37a-107. Ambulance Service Provider Assessment Expendable Revenue Fund.
943          (1) There is created an expendable special revenue fund known as the "Ambulance
944     Service Provider Assessment Expendable Revenue Fund."
945          (2) The fund shall consist of:
946          (a) the assessments collected by the division under this chapter;
947          (b) the penalties collected by the division under this chapter;
948          (c) donations to the fund; and
949          (d) appropriations by the Legislature.
950          (3) Money in the fund shall be used:
951          (a) to support fee-for-service rates; and
952          (b) to reimburse money to an ambulance service provider that is collected by the
953     division from the ambulance service provider through a mistake made under this chapter.
954          (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
955     ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs

956     described in Subsection (3) shall be deposited into the General Fund.
957          (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
958     from the General Fund to the fund and the penalties deposited into the fund under Subsection
959     (2)(b).
960          Section 13. Section 32B-2-301 is amended to read:
961          32B-2-301. State property -- Liquor Control Fund -- Money to be retained by
962     department -- Department building process.
963          (1) The following are property of the state:
964          (a) the money received in the administration of this title, except as otherwise provided;
965     and
966          (b) property acquired, administered, possessed, or received by the department.
967          (2) (a) There is created an enterprise fund known as the "Liquor Control Fund."
968          (b) Except as provided in Section 32B-2-304, the department shall deposit the
969     following into the Liquor Control Fund:
970          (i) money received in the administration of this title; [and]
971          (ii) money received from the markup described in Section 32B-2-304[.]; and
972          (iii) money credited under Subsection (3).
973          (c) The department may draw from the Liquor Control Fund only to the extent
974     appropriated by the Legislature or provided by statute.
975          (d) The net position of the Liquor Control Fund may not fall below zero.
976          (3) (a) The department shall deposit 0.125% of the total gross revenue from the sale of
977     liquor with the state treasurer to be credited to the Liquor Control Fund.
978          (b) The department shall deposit 0.27% of the total gross revenue from the sale of
979     liquor with the state treasurer, as determined by the total gross revenue collected for the fiscal
980     year two years preceding the fiscal year for which the deposit is made, to be credited to the
981     Liquor Control Fund.
982          [(3)] (4) (a) Notwithstanding Subsection (2)(c), the department may draw by warrant
983     from the Liquor Control Fund without an appropriation for an expenditure that is directly
984     incurred by the department:
985          (i) to purchase an alcoholic product;
986          (ii) to transport an alcoholic product from the supplier to a warehouse of the

987     department; or
988          (iii) for variances related to an alcoholic product, including breakage or theft.
989          (b) If the balance of the Liquor Control Fund is not adequate to cover a warrant that the
990     department draws against the Liquor Control Fund, to the extent necessary to cover the
991     warrant, the cash resources of the General Fund may be used.
992          [(4)] (5) (a) As used in this Subsection [(4)] (5), "base budget" means the same as that
993     term is defined in legislative rule.
994          (b) The department's base budget shall include as an appropriation from the Liquor
995     Control Fund:
996          (i) credit card related fees paid by the department;
997          (ii) package agency compensation; and
998          (iii) the department's costs of shipping and warehousing alcoholic products.
999          [(5)] (6) (a) The Division of Finance shall transfer annually from the Liquor Control
1000     Fund to the General Fund a sum equal to the amount of net profit earned from the sale of liquor
1001     since the preceding transfer of money under this Subsection [(5)] (6).
1002          (b) After each fiscal year, the Division of Finance shall calculate the amount for the
1003     transfer on or before September 1 and the Division of Finance shall make the transfer on or
1004     before September 30.
1005          (c) The Division of Finance may make year-end closing entries in the Liquor Control
1006     Fund to comply with Subsection 51-5-6(2).
1007          [(6)] (7) (a) By the end of each day, the department shall:
1008          (i) make a deposit to a qualified depository, as defined in Section 51-7-3; and
1009          (ii) report the deposit to the state treasurer.
1010          (b) A commissioner or department employee is not personally liable for a loss caused
1011     by the default or failure of a qualified depository.
1012          (c) Money deposited in a qualified depository is entitled to the same priority of
1013     payment as other public funds of the state.
1014          [(7)] (8) Before the Division of Finance makes the transfer described in Subsection
1015     [(5)] (6), the department may retain each fiscal year from the Liquor Control Fund $1,000,000
1016     that the department may use for:
1017          (a) capital equipment purchases;

1018          (b) salary increases for department employees;
1019          (c) performance awards for department employees; or
1020          (d) information technology enhancements because of changes or trends in technology.
1021          Section 14. Section 32B-2-305 is amended to read:
1022          32B-2-305. Alcoholic Beverage Control Act Enforcement Fund.
1023          (1) As used in this section:
1024          (a) "Alcohol-related law enforcement officer" is as defined in Section 32B-1-201.
1025          (b) "Enforcement ratio" is as defined in Section 32B-1-201.
1026          (c) "Fund" means the Alcoholic Beverage Control Act Enforcement Fund created in
1027     this section.
1028          (2) There is created an expendable special revenue fund known as the "Alcoholic
1029     Beverage Control Act Enforcement Fund."
1030          (3) (a) The fund consists of:
1031          (i) deposits made under Subsection (4); and
1032          (ii) interest earned on the fund.
1033          (b) The fund shall earn interest. Interest on the fund shall be deposited into the fund.
1034          (4) After the deposit made under Section 32B-2-304 for the school lunch program, the
1035     department shall deposit [1%] 0.875% of the total gross revenue from the sale of liquor with
1036     the state treasurer to be credited to the fund to be used by the Department of Public Safety as
1037     provided in Subsection (5).
1038          (5) (a) The Department of Public Safety shall expend money from the fund to
1039     supplement appropriations by the Legislature so that the Department of Public Safety maintains
1040     a sufficient number of alcohol-related law enforcement officers such that beginning on July 1,
1041     2012, each year the enforcement ratio as of July 1 is equal to or less than the number specified
1042     in Section 32B-1-201.
1043          (b) Beginning July 1, 2012, four alcohol-related law enforcement officers shall have as
1044     a primary focus the enforcement of this title in relationship to restaurants.
1045          Section 15. Section 32B-2-306 is amended to read:
1046          32B-2-306. Underage drinking prevention media and education campaign.
1047          (1) As used in this section:
1048          (a) "Advisory council" means the Utah Substance Use and Mental Health Advisory

1049     Council created in Section 63M-7-301.
1050          (b) "Restricted account" means the Underage Drinking Prevention Media and
1051     Education Campaign Restricted Account created in this section.
1052          (2) (a) There is created a restricted account within the General Fund known as the
1053     "Underage Drinking Prevention Media and Education Campaign Restricted Account."
1054          (b) The restricted account consists of:
1055          (i) deposits made under Subsection (3); and
1056          (ii) interest earned on the restricted account.
1057          (3) The department shall deposit [0.6%] 0.468% of the total gross revenue from sales
1058     of liquor with the state treasurer, as determined by the total gross revenue collected for the
1059     fiscal year two years preceding the fiscal year for which the deposit is made, to be credited to
1060     the restricted account and to be used by the department as provided in Subsection (5).
1061          (4) The advisory council shall:
1062          (a) provide ongoing oversight of a media and education campaign funded under this
1063     section;
1064          (b) create an underage drinking prevention workgroup consistent with guidelines
1065     proposed by the advisory council related to the membership and duties of the underage
1066     drinking prevention workgroup;
1067          (c) create guidelines for how money appropriated for a media and education campaign
1068     can be used;
1069          (d) include in the guidelines established pursuant to this Subsection (4) that a media
1070     and education campaign funded under this section is carefully researched and developed, and
1071     appropriate for target groups; and
1072          (e) approve plans submitted by the department in accordance with Subsection (5).
1073          (5) (a) Subject to appropriation from the Legislature, the department shall expend
1074     money from the restricted account to direct and fund one or more media and education
1075     campaigns designed to reduce underage drinking in cooperation with the advisory council.
1076          (b) The department shall:
1077          (i) in cooperation with the underage drinking prevention workgroup created under
1078     Subsection (4), prepare and submit a plan to the advisory council detailing the intended use of
1079     the money appropriated under this section;

1080          (ii) upon approval of the plan by the advisory council, conduct the media and education
1081     campaign in accordance with the guidelines made by the advisory council; and
1082          (iii) submit to the advisory council annually by no later than October 1, a written report
1083     detailing the use of the money for the media and education campaigns conducted under this
1084     Subsection (5) and the impact and results of the use of the money during the prior fiscal year
1085     ending June 30.
1086          Section 16. Section 41-12a-806 is amended to read:
1087          41-12a-806. Restricted account -- Creation -- Funding -- Interest -- Purposes.
1088          (1) There is created within the Transportation Fund a restricted account known as the
1089     "Uninsured Motorist Identification Restricted Account."
1090          (2) The account consists of money generated from the following revenue sources:
1091          (a) money received by the state under Section 41-1a-1218, the uninsured motorist
1092     identification fee;
1093          (b) money received by the state under Section 41-1a-1220, the registration
1094     reinstatement fee; and
1095          (c) appropriations made to the account by the Legislature.
1096          (3) (a) The account shall earn interest.
1097          (b) All interest earned on account money shall be deposited into the account.
1098          (4) The Legislature shall appropriate money from the account to:
1099          (a) the department to fund the contract with the designated agent;
1100          (b) the department to offset the costs to state and local law enforcement agencies of
1101     using the information for the purposes authorized under this part;
1102          (c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
1103     and reinstating vehicle registrations under Subsection 41-1a-110(2)(a)(ii); and
1104          (d) the department to reimburse a person for the costs of towing and storing the
1105     person's vehicle if:
1106          (i) the person's vehicle was impounded in accordance with Subsection 41-1a-1101(2);
1107          (ii) the impounded vehicle had owner's or operator's security in effect for the vehicle at
1108     the time of the impoundment;
1109          (iii) the database indicated that owner's or operator's security was not in effect for the
1110     impounded vehicle; and

1111          (iv) the department determines that the person's vehicle was wrongfully impounded.
1112          (5) The Legislature may appropriate not more than [$1,000,000] $1,500,000 annually
1113     from the account to the Peace Officer Standards and Training Division, created under Section
1114     53-6-103, for use in law enforcement training, including training on the use of the Uninsured
1115     Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8,
1116     Uninsured Motorist Identification Database Program.
1117          (6) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
1118     Act, the department shall hold a hearing to determine whether a person's vehicle was
1119     wrongfully impounded under Subsection 41-1a-1101(2).
1120          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1121     division shall make rules establishing procedures for a person to apply for a reimbursement
1122     under Subsection (4)(d).
1123          (c) A person is not eligible for a reimbursement under Subsection (4)(d) unless the
1124     person applies for the reimbursement within six months from the date that the motor vehicle
1125     was impounded.
1126          Section 17. Section 51-9-201 (Superseded 07/01/20) is amended to read:
1127          51-9-201 (Superseded 07/01/20). Creation of Tobacco Settlement Restricted
1128     Account.
1129          (1) There is created within the General Fund a restricted account known as the
1130     "Tobacco Settlement Restricted Account."
1131          (2) The account shall earn interest.
1132          (3) The account shall consist of:
1133          (a) on and after July 1, 2007, 60% of all funds of every kind that are received by the
1134     state that are related to the settlement agreement that the state entered into with leading tobacco
1135     manufacturers on November 23, 1998; and
1136          (b) interest earned on the account.
1137          (4) To the extent that funds will be available for appropriation in a given fiscal year,
1138     those funds shall be appropriated from the account in the following order:
1139          (a) $66,600 to the Office of the Attorney General for ongoing enforcement and defense
1140     of the Tobacco Settlement Agreement;
1141          (b) $18,500 to the State Tax Commission for ongoing enforcement of business

1142     compliance with the Tobacco Tax Settlement Agreement;
1143          (c) [$10,452,900] $11,022,900 to the Department of Health for:
1144          (i) children in the Medicaid program created in Title 26, Chapter 18, Medical
1145     Assistance Act, and the Children's Health Insurance Program created in Section 26-40-103; and
1146          (ii) for restoration of dental benefits in the Children's Health Insurance Program;
1147          (d) [$3,847,100] $3,277,100 to the Department of Health for alcohol, tobacco, and
1148     other drug prevention, reduction, cessation, and control programs that promote unified
1149     messages and make use of media outlets, including radio, newspaper, billboards, and
1150     television, and with a preference in funding given to tobacco-related programs;
1151          (e) $193,700 to the Administrative Office of the Courts and $2,325,400 to the
1152     Department of Human Services for the statewide expansion of the drug court program;
1153          (f) $4,000,000 to the State Board of Regents for the University of Utah Health Sciences
1154     Center to benefit the health and well-being of Utah citizens through in-state research,
1155     treatment, and educational activities; and
1156          (g) any remaining funds as directed by the Legislature through appropriation.
1157          Section 18. Section 51-9-201 (Effective 07/01/20) is amended to read:
1158          51-9-201 (Effective 07/01/20). Creation of Tobacco Settlement Restricted
1159     Account.
1160          (1) There is created within the General Fund a restricted account known as the
1161     "Tobacco Settlement Restricted Account."
1162          (2) The account shall earn interest.
1163          (3) The account shall consist of:
1164          (a) on and after July 1, 2007, 60% of all funds of every kind that are received by the
1165     state that are related to the settlement agreement that the state entered into with leading tobacco
1166     manufacturers on November 23, 1998; and
1167          (b) interest earned on the account.
1168          (4) To the extent that funds will be available for appropriation in a given fiscal year,
1169     those funds shall be appropriated from the account in the following order:
1170          (a) $66,600 to the Office of the Attorney General for ongoing enforcement and defense
1171     of the Tobacco Settlement Agreement;
1172          (b) $18,500 to the State Tax Commission for ongoing enforcement of business

1173     compliance with the Tobacco Tax Settlement Agreement;
1174          (c) [$10,452,900] $11,022,900 to the Department of Health for:
1175          (i) children in the Medicaid program created in Title 26, Chapter 18, Medical
1176     Assistance Act, and the Children's Health Insurance Program created in Section 26-40-103; and
1177          (ii) for restoration of dental benefits in the Children's Health Insurance Program;
1178          (d) [$3,847,100] $3,277,100 to the Department of Health for alcohol, tobacco, and
1179     other drug prevention, reduction, cessation, and control programs that promote unified
1180     messages and make use of media outlets, including radio, newspaper, billboards, and
1181     television, and with a preference in funding given to tobacco-related programs;
1182          (e) $193,700 to the Administrative Office of the Courts and $2,325,400 to the
1183     Department of Human Services for the statewide expansion of the drug court program;
1184          (f) $4,000,000 to the Utah Board of Higher Education for the University of Utah
1185     Health Sciences Center to benefit the health and well-being of Utah citizens through in-state
1186     research, treatment, and educational activities; and
1187          (g) any remaining funds as directed by the Legislature through appropriation.
1188          Section 19. Section 53-2a-603 is amended to read:
1189          53-2a-603. State Disaster Recovery Restricted Account.
1190          (1) (a) There is created a restricted account in the General Fund known as the "State
1191     Disaster Recovery Restricted Account."
1192          (b) The disaster recovery account consists of:
1193          (i) money deposited into the disaster recovery account in accordance with Section
1194     63J-1-314;
1195          (ii) money appropriated to the disaster recovery account by the Legislature; and
1196          (iii) any other public or private money received by the division that is:
1197          (A) given to the division for purposes consistent with this section; and
1198          (B) deposited into the disaster recovery account at the request of:
1199          (I) the division; or
1200          (II) the person or entity giving the money.
1201          (c) The Division of Finance shall deposit interest or other earnings derived from
1202     investment of account money into the General Fund.
1203          (2) Subject to being appropriated by the Legislature, money in the disaster recovery

1204     account may only be expended or committed to be expended as follows:
1205          (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
1206     commit to expend an amount that does not exceed $500,000, in accordance with Section
1207     53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
1208     disaster;
1209          (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
1210     to expend an amount that exceeds $500,000, but does not exceed $3,000,000, in accordance
1211     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
1212     a declared disaster if the division:
1213          (A) before making the expenditure or commitment to expend, obtains approval for the
1214     expenditure or commitment to expend from the governor;
1215          (B) subject to Subsection (5), provides written notice of the expenditure or
1216     commitment to expend to the speaker of the House of Representatives, the president of the
1217     Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
1218     Subcommittee, the Legislative Management Committee, and the Office of the Legislative
1219     Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
1220     and
1221          (C) makes the report required by Subsection 53-2a-606(2);
1222          (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
1223     to expend an amount that exceeds $3,000,000, but does not exceed $5,000,000, in accordance
1224     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
1225     a declared disaster if, before making the expenditure or commitment to expend, the division:
1226          (A) obtains approval for the expenditure or commitment to expend from the governor;
1227     and
1228          (B) submits the expenditure or commitment to expend to the Executive Appropriations
1229     Committee in accordance with Subsection 53-2a-606(3); and
1230          (iv) in any fiscal year the division may expend or commit to expend an amount that
1231     does not exceed $150,000 to fund expenses incurred by the National Guard if:
1232          (A) in accordance with Section 39-1-5, the governor orders into active service the
1233     National Guard in response to a declared disaster; and
1234          (B) the money is not used for expenses that qualify for payment as emergency disaster

1235     services;
1236          (b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
1237     committed to be expended to fund costs to the state directly related to a declared disaster that
1238     are not costs related to:
1239          (i) emergency disaster services;
1240          (ii) emergency preparedness; or
1241          (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
1242     Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
1243     paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
1244     Fire Suppression Fund;
1245          (c) to fund the Local Government Emergency Response Loan Fund created in Section
1246     53-2a-607;
1247          (d) the division may provide advanced funding from the disaster recovery account to
1248     recognized agents of the state when:
1249          (i) Utah has agreed, through the division, to enact the Emergency Management
1250     Assistance Compact with another member state that has requested assistance during a declared
1251     disaster;
1252          (ii) Utah agrees to provide resources to the requesting member state;
1253          (iii) the agent of the state who represents the requested resource has no other funding
1254     source available at the time of the Emergency Management Assistance Compact request; and
1255          (iv) the disaster recovery account has a balance of funds available to be utilized while
1256     maintaining a minimum balance of $10,000,000; [and]
1257          (e) the division may expend up to $3,200,000 during fiscal year 2019 to fund
1258     operational costs incurred by the division during fiscal year 2019[.]; and
1259          (f) Ĥ→ [
in the fiscal year beginning July 1, 2020, and ending June 30, 2021, the division
1260     may expend or commit to expend up to $100,000 to fund
] to fund up to $500,000 for ←Ĥ
the
1260a     governor's emergency
1261     appropriations described in Subsection 63J-1-217(4).
1262          (3) All funding provided in advance to an agent of the state and subsequently
1263     reimbursed shall be credited to the account.
1264          (4) The state treasurer shall invest money in the disaster recovery account according to
1265     Title 51, Chapter 7, State Money Management Act.

1266          (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
1267     recovery account may not be diverted, appropriated, expended, or committed to be expended
1268     for a purpose that is not listed in this section.
1269          (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
1270     from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
1271     money appropriated from the disaster recovery account is expended or committed to be
1272     expended for a purpose other than one listed in this section.
1273          (c) The Legislature may not amend the purposes for which money in the disaster
1274     recovery account may be expended or committed to be expended except by the affirmative vote
1275     of two-thirds of all the members elected to each house.
1276          (6) The division:
1277          (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
1278     method under the circumstances as determined by the division; and
1279          (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
1280          Section 20. Section 59-12-103 is amended to read:
1281          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
1282     tax revenues.
1283          (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
1284     sales price for amounts paid or charged for the following transactions:
1285          (a) retail sales of tangible personal property made within the state;
1286          (b) amounts paid for:
1287          (i) telecommunications service, other than mobile telecommunications service, that
1288     originates and terminates within the boundaries of this state;
1289          (ii) mobile telecommunications service that originates and terminates within the
1290     boundaries of one state only to the extent permitted by the Mobile Telecommunications
1291     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1292          (iii) an ancillary service associated with a:
1293          (A) telecommunications service described in Subsection (1)(b)(i); or
1294          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
1295          (c) sales of the following for commercial use:
1296          (i) gas;

1297          (ii) electricity;
1298          (iii) heat;
1299          (iv) coal;
1300          (v) fuel oil; or
1301          (vi) other fuels;
1302          (d) sales of the following for residential use:
1303          (i) gas;
1304          (ii) electricity;
1305          (iii) heat;
1306          (iv) coal;
1307          (v) fuel oil; or
1308          (vi) other fuels;
1309          (e) sales of prepared food;
1310          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1311     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
1312     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
1313     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
1314     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
1315     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
1316     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
1317     horseback rides, sports activities, or any other amusement, entertainment, recreation,
1318     exhibition, cultural, or athletic activity;
1319          (g) amounts paid or charged for services for repairs or renovations of tangible personal
1320     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
1321          (i) the tangible personal property; and
1322          (ii) parts used in the repairs or renovations of the tangible personal property described
1323     in Subsection (1)(g)(i), regardless of whether:
1324          (A) any parts are actually used in the repairs or renovations of that tangible personal
1325     property; or
1326          (B) the particular parts used in the repairs or renovations of that tangible personal
1327     property are exempt from a tax under this chapter;

1328          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
1329     assisted cleaning or washing of tangible personal property;
1330          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
1331     accommodations and services that are regularly rented for less than 30 consecutive days;
1332          (j) amounts paid or charged for laundry or dry cleaning services;
1333          (k) amounts paid or charged for leases or rentals of tangible personal property if within
1334     this state the tangible personal property is:
1335          (i) stored;
1336          (ii) used; or
1337          (iii) otherwise consumed;
1338          (l) amounts paid or charged for tangible personal property if within this state the
1339     tangible personal property is:
1340          (i) stored;
1341          (ii) used; or
1342          (iii) consumed; and
1343          (m) amounts paid or charged for a sale:
1344          (i) (A) of a product transferred electronically; or
1345          (B) of a repair or renovation of a product transferred electronically; and
1346          (ii) regardless of whether the sale provides:
1347          (A) a right of permanent use of the product; or
1348          (B) a right to use the product that is less than a permanent use, including a right:
1349          (I) for a definite or specified length of time; and
1350          (II) that terminates upon the occurrence of a condition.
1351          (2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
1352     are imposed on a transaction described in Subsection (1) equal to the sum of:
1353          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1354          (A) (I) through March 31, 2019, 4.70%; and
1355          (II) beginning on April 1, 2019, 4.70% plus the rate specified in Subsection (13)(a);
1356     and
1357          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
1358     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211

1359     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
1360     State Sales and Use Tax Act; and
1361          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
1362     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1363     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
1364     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1365          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1366     transaction under this chapter other than this part.
1367          (b) Except as provided in Subsection (2)(d) or (e) and subject to Subsection (2)(j), a
1368     state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to
1369     the sum of:
1370          (i) a state tax imposed on the transaction at a tax rate of 2%; and
1371          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1372     transaction under this chapter other than this part.
1373          (c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax are
1374     imposed on amounts paid or charged for food and food ingredients equal to the sum of:
1375          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
1376     a tax rate of 1.75%; and
1377          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1378     amounts paid or charged for food and food ingredients under this chapter other than this part.
1379          (d) (i) For a bundled transaction that is attributable to food and food ingredients and
1380     tangible personal property other than food and food ingredients, a state tax and a local tax is
1381     imposed on the entire bundled transaction equal to the sum of:
1382          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
1383          (I) the tax rate described in Subsection (2)(a)(i)(A); and
1384          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
1385     Sales and Use Tax Act, if the location of the transaction as determined under Sections
1386     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
1387     Additional State Sales and Use Tax Act; and
1388          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
1389     Sales and Use Tax Act, if the location of the transaction as determined under Sections

1390     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
1391     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1392          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
1393     described in Subsection (2)(a)(ii).
1394          (ii) If an optional computer software maintenance contract is a bundled transaction that
1395     consists of taxable and nontaxable products that are not separately itemized on an invoice or
1396     similar billing document, the purchase of the optional computer software maintenance contract
1397     is 40% taxable under this chapter and 60% nontaxable under this chapter.
1398          (iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
1399     transaction described in Subsection (2)(d)(i) or (ii):
1400          (A) if the sales price of the bundled transaction is attributable to tangible personal
1401     property, a product, or a service that is subject to taxation under this chapter and tangible
1402     personal property, a product, or service that is not subject to taxation under this chapter, the
1403     entire bundled transaction is subject to taxation under this chapter unless:
1404          (I) the seller is able to identify by reasonable and verifiable standards the tangible
1405     personal property, product, or service that is not subject to taxation under this chapter from the
1406     books and records the seller keeps in the seller's regular course of business; or
1407          (II) state or federal law provides otherwise; or
1408          (B) if the sales price of a bundled transaction is attributable to two or more items of
1409     tangible personal property, products, or services that are subject to taxation under this chapter
1410     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
1411     higher tax rate unless:
1412          (I) the seller is able to identify by reasonable and verifiable standards the tangible
1413     personal property, product, or service that is subject to taxation under this chapter at the lower
1414     tax rate from the books and records the seller keeps in the seller's regular course of business; or
1415          (II) state or federal law provides otherwise.
1416          (iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
1417     seller's regular course of business includes books and records the seller keeps in the regular
1418     course of business for nontax purposes.
1419          (e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
1420     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a

1421     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
1422     of tangible personal property, other property, a product, or a service that is not subject to
1423     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
1424     the seller, at the time of the transaction:
1425          (A) separately states the portion of the transaction that is not subject to taxation under
1426     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
1427          (B) is able to identify by reasonable and verifiable standards, from the books and
1428     records the seller keeps in the seller's regular course of business, the portion of the transaction
1429     that is not subject to taxation under this chapter.
1430          (ii) A purchaser and a seller may correct the taxability of a transaction if:
1431          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
1432     the transaction that is not subject to taxation under this chapter was not separately stated on an
1433     invoice, bill of sale, or similar document provided to the purchaser because of an error or
1434     ignorance of the law; and
1435          (B) the seller is able to identify by reasonable and verifiable standards, from the books
1436     and records the seller keeps in the seller's regular course of business, the portion of the
1437     transaction that is not subject to taxation under this chapter.
1438          (iii) For purposes of Subsections (2)(e)(i) and (ii), books and records that a seller keeps
1439     in the seller's regular course of business includes books and records the seller keeps in the
1440     regular course of business for nontax purposes.
1441          (f) (i) If the sales price of a transaction is attributable to two or more items of tangible
1442     personal property, products, or services that are subject to taxation under this chapter at
1443     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
1444     unless the seller, at the time of the transaction:
1445          (A) separately states the items subject to taxation under this chapter at each of the
1446     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
1447          (B) is able to identify by reasonable and verifiable standards the tangible personal
1448     property, product, or service that is subject to taxation under this chapter at the lower tax rate
1449     from the books and records the seller keeps in the seller's regular course of business.
1450          (ii) For purposes of Subsection (2)(f)(i), books and records that a seller keeps in the
1451     seller's regular course of business includes books and records the seller keeps in the regular

1452     course of business for nontax purposes.
1453          (g) Subject to Subsections (2)(h) and (i), a tax rate repeal or tax rate change for a tax
1454     rate imposed under the following shall take effect on the first day of a calendar quarter:
1455          (i) Subsection (2)(a)(i)(A);
1456          (ii) Subsection (2)(b)(i);
1457          (iii) Subsection (2)(c)(i); or
1458          (iv) Subsection (2)(d)(i)(A)(I).
1459          (h) (i) A tax rate increase takes effect on the first day of the first billing period that
1460     begins on or after the effective date of the tax rate increase if the billing period for the
1461     transaction begins before the effective date of a tax rate increase imposed under:
1462          (A) Subsection (2)(a)(i)(A);
1463          (B) Subsection (2)(b)(i);
1464          (C) Subsection (2)(c)(i); or
1465          (D) Subsection (2)(d)(i)(A)(I).
1466          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
1467     statement for the billing period is rendered on or after the effective date of the repeal of the tax
1468     or the tax rate decrease imposed under:
1469          (A) Subsection (2)(a)(i)(A);
1470          (B) Subsection (2)(b)(i);
1471          (C) Subsection (2)(c)(i); or
1472          (D) Subsection (2)(d)(i)(A)(I).
1473          (i) (i) For a tax rate described in Subsection (2)(i)(ii), if a tax due on a catalogue sale is
1474     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
1475     change in a tax rate takes effect:
1476          (A) on the first day of a calendar quarter; and
1477          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
1478          (ii) Subsection (2)(i)(i) applies to the tax rates described in the following:
1479          (A) Subsection (2)(a)(i)(A);
1480          (B) Subsection (2)(b)(i);
1481          (C) Subsection (2)(c)(i); or
1482          (D) Subsection (2)(d)(i)(A)(I).

1483          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1484     the commission may by rule define the term "catalogue sale."
1485          (j) (i) For a location described in Subsection (2)(j)(ii), the commission shall determine
1486     the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
1487     predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
1488          (ii) Subsection (2)(j)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
1489     or other fuel is furnished through a single meter for two or more of the following uses:
1490          (A) a commercial use;
1491          (B) an industrial use; or
1492          (C) a residential use.
1493          (3) (a) The following state taxes shall be deposited into the General Fund:
1494          (i) the tax imposed by Subsection (2)(a)(i)(A);
1495          (ii) the tax imposed by Subsection (2)(b)(i);
1496          (iii) the tax imposed by Subsection (2)(c)(i); or
1497          (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
1498          (b) The following local taxes shall be distributed to a county, city, or town as provided
1499     in this chapter:
1500          (i) the tax imposed by Subsection (2)(a)(ii);
1501          (ii) the tax imposed by Subsection (2)(b)(ii);
1502          (iii) the tax imposed by Subsection (2)(c)(ii); and
1503          (iv) the tax imposed by Subsection (2)(d)(i)(B).
1504          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1505     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
1506     through (g):
1507          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1508          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1509          (B) for the fiscal year; or
1510          (ii) $17,500,000.
1511          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
1512     described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
1513     Department of Natural Resources to:

1514          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
1515     protect sensitive plant and animal species; or
1516          (B) award grants, up to the amount authorized by the Legislature in an appropriations
1517     act, to political subdivisions of the state to implement the measures described in Subsections
1518     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
1519          (ii) Money transferred to the Department of Natural Resources under Subsection
1520     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
1521     person to list or attempt to have listed a species as threatened or endangered under the
1522     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
1523          (iii) At the end of each fiscal year:
1524          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
1525     Conservation and Development Fund created in Section 73-10-24;
1526          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
1527     Program Subaccount created in Section 73-10c-5; and
1528          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
1529     Program Subaccount created in Section 73-10c-5.
1530          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1531     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
1532     created in Section 4-18-106.
1533          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
1534     in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
1535     Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
1536     water rights.
1537          (ii) At the end of each fiscal year:
1538          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
1539     Conservation and Development Fund created in Section 73-10-24;
1540          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
1541     Program Subaccount created in Section 73-10c-5; and
1542          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
1543     Program Subaccount created in Section 73-10c-5.
1544          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described

1545     in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
1546     Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
1547          (ii) In addition to the uses allowed of the Water Resources Conservation and
1548     Development Fund under Section 73-10-24, the Water Resources Conservation and
1549     Development Fund may also be used to:
1550          (A) conduct hydrologic and geotechnical investigations by the Division of Water
1551     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
1552     quantifying surface and ground water resources and describing the hydrologic systems of an
1553     area in sufficient detail so as to enable local and state resource managers to plan for and
1554     accommodate growth in water use without jeopardizing the resource;
1555          (B) fund state required dam safety improvements; and
1556          (C) protect the state's interest in interstate water compact allocations, including the
1557     hiring of technical and legal staff.
1558          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1559     in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
1560     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
1561          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1562     in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
1563     created in Section 73-10c-5 for use by the Division of Drinking Water to:
1564          (i) provide for the installation and repair of collection, treatment, storage, and
1565     distribution facilities for any public water system, as defined in Section 19-4-102;
1566          (ii) develop underground sources of water, including springs and wells; and
1567          (iii) develop surface water sources.
1568          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1569     2006, the difference between the following amounts shall be expended as provided in this
1570     Subsection (5), if that difference is greater than $1:
1571          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
1572     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
1573          (ii) $17,500,000.
1574          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
1575          (A) transferred each fiscal year to the Department of Natural Resources as dedicated

1576     credits; and
1577          (B) expended by the Department of Natural Resources for watershed rehabilitation or
1578     restoration.
1579          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
1580     in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
1581     created in Section 73-10-24.
1582          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
1583     remaining difference described in Subsection (5)(a) shall be:
1584          (A) transferred each fiscal year to the Division of Water Resources as dedicated
1585     credits; and
1586          (B) expended by the Division of Water Resources for cloud-seeding projects
1587     authorized by Title 73, Chapter 15, Modification of Weather.
1588          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
1589     in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
1590     created in Section 73-10-24.
1591          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
1592     remaining difference described in Subsection (5)(a) shall be deposited into the Water
1593     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
1594     Division of Water Resources for:
1595          (i) preconstruction costs:
1596          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
1597     26, Bear River Development Act; and
1598          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
1599     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
1600          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
1601     Chapter 26, Bear River Development Act;
1602          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
1603     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
1604          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
1605     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
1606          (e) After making the transfers required by Subsections (5)(b) and (c) and subject to

1607     Subsection (5)(f), 15% of the remaining difference described in Subsection (5)(a) shall be
1608     transferred each year as dedicated credits to the Division of Water Rights to cover the costs
1609     incurred for employing additional technical staff for the administration of water rights.
1610          (f) At the end of each fiscal year, any unexpended dedicated credits described in
1611     Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
1612     Fund created in Section 73-10-24.
1613          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
1614     amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
1615     (1) for the fiscal year shall be deposited as follows:
1616          (a) for fiscal year 2016-17 only, 100% of the revenue described in this Subsection (6)
1617     shall be deposited into the Transportation Investment Fund of 2005 created by Section
1618     72-2-124;
1619          (b) for fiscal year 2017-18 only:
1620          (i) 80% of the revenue described in this Subsection (6) shall be deposited into the
1621     Transportation Investment Fund of 2005 created by Section 72-2-124; and
1622          (ii) 20% of the revenue described in this Subsection (6) shall be deposited into the
1623     Water Infrastructure Restricted Account created by Section 73-10g-103;
1624          (c) for fiscal year 2018-19 only:
1625          (i) 60% of the revenue described in this Subsection (6) shall be deposited into the
1626     Transportation Investment Fund of 2005 created by Section 72-2-124; and
1627          (ii) 40% of the revenue described in this Subsection (6) shall be deposited into the
1628     Water Infrastructure Restricted Account created by Section 73-10g-103;
1629          (d) for fiscal year 2019-20 only:
1630          (i) 40% of the revenue described in this Subsection (6) shall be deposited into the
1631     Transportation Investment Fund of 2005 created by Section 72-2-124; and
1632          (ii) 60% of the revenue described in this Subsection (6) shall be deposited into the
1633     Water Infrastructure Restricted Account created by Section 73-10g-103;
1634          (e) for fiscal year 2020-21 only:
1635          (i) 20% of the revenue described in this Subsection (6) shall be deposited into the
1636     Transportation Investment Fund of 2005 created by Section 72-2-124; and
1637          (ii) 80% of the revenue described in this Subsection (6) shall be deposited into the

1638     Water Infrastructure Restricted Account created by Section 73-10g-103; and
1639          (f) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
1640     in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
1641     created by Section 73-10g-103.
1642          (7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
1643     Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
1644     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
1645     created by Section 72-2-124:
1646          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
1647     the revenues collected from the following taxes, which represents a portion of the
1648     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
1649     on vehicles and vehicle-related products:
1650          (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1651          (B) the tax imposed by Subsection (2)(b)(i);
1652          (C) the tax imposed by Subsection (2)(c)(i); and
1653          (D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
1654          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
1655     current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
1656     (D) that exceeds the amount collected from the sales and use taxes described in Subsections
1657     (7)(a)(i)(A) through (D) in the 2010-11 fiscal year.
1658          (b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
1659     the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
1660     lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through (D)
1661     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
1662     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
1663     (7)(a) equal to the product of:
1664          (A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
1665     previous fiscal year; and
1666          (B) the total sales and use tax revenue generated by the taxes described in Subsections
1667     (7)(a)(i)(A) through (D) in the current fiscal year.
1668          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under

1669     Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
1670     described in Subsections (7)(a)(i)(A) through (D) in the current fiscal year, the Division of
1671     Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
1672     Subsections (7)(a)(i)(A) through (D) for the current fiscal year under Subsection (7)(a).
1673          (iii) In all subsequent fiscal years after a year in which 17% of the revenues collected
1674     from the sales and use taxes described in Subsections (7)(a)(i)(A) through (D) was deposited
1675     under Subsection (7)(a), the Division of Finance shall annually deposit 17% of the revenues
1676     collected from the sales and use taxes described in Subsections (7)(a)(i)(A) through (D) in the
1677     current fiscal year under Subsection (7)(a).
1678          (8) (a) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited
1679     under Subsections (6) and (7), for the 2016-17 fiscal year only, the Division of Finance shall
1680     deposit $64,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into
1681     the Transportation Investment Fund of 2005 created by Section 72-2-124.
1682          (b) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
1683     Subsections (6) and (7), for the 2017-18 fiscal year only, the Division of Finance shall deposit
1684     $63,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
1685     Transportation Investment Fund of 2005 created by Section 72-2-124.
1686          (c) (i) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
1687     Subsections (6) and (7), and subject to Subsection (8)(c)(ii), for a fiscal year beginning on or
1688     after July 1, 2018, the commission shall annually deposit into the Transportation Investment
1689     Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under Subsection (3)(a)
1690     in an amount equal to 3.68% of the revenues collected from the following taxes:
1691          (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1692          (B) the tax imposed by Subsection (2)(b)(i);
1693          (C) the tax imposed by Subsection (2)(c)(i); and
1694          (D) the tax imposed by Subsection (2)(d)(i)(A)(I).
1695          (ii) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
1696     reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(c)(i)
1697     by an amount that is equal to 35% of the amount of revenue generated in the current fiscal year
1698     by the portion of the tax imposed on motor and special fuel that is sold, used, or received for
1699     sale or use in this state that exceeds 29.4 cents per gallon.

1700          (iii) The commission shall annually deposit the amount described in Subsection
1701     (8)(c)(ii) into the Transit and Transportation Investment Fund created in Section 72-2-124.
1702          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1703     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
1704     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
1705          (10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c),
1706     in addition to any amounts deposited under Subsections (6), (7), and (8), and for the 2016-17
1707     fiscal year only, the Division of Finance shall deposit into the Transportation Investment Fund
1708     of 2005 created by Section 72-2-124 the amount of tax revenue generated by a .05% tax rate on
1709     the transactions described in Subsection (1).
1710          (b) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c), and in
1711     addition to any amounts deposited under Subsections (6), (7), and (8), the Division of Finance
1712     shall deposit into the Transportation Investment Fund of 2005 created by Section 72-2-124 the
1713     amount of revenue described as follows:
1714          (i) for fiscal year 2017-18 only, 83.33% of the amount of revenue generated by a .05%
1715     tax rate on the transactions described in Subsection (1);
1716          (ii) for fiscal year 2018-19 only, 66.67% of the amount of revenue generated by a .05%
1717     tax rate on the transactions described in Subsection (1);
1718          (iii) for fiscal year 2019-20 only, 50% of the amount of revenue generated by a .05%
1719     tax rate on the transactions described in Subsection (1);
1720          (iv) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a
1721     .05% tax rate on the transactions described in Subsection (1); and
1722          (v) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
1723     tax rate on the transactions described in Subsection (1).
1724          (c) For purposes of Subsections (10)(a) and (b), the Division of Finance may not
1725     deposit into the Transportation Investment Fund of 2005 any tax revenue generated by amounts
1726     paid or charged for food and food ingredients, except for tax revenue generated by a bundled
1727     transaction attributable to food and food ingredients and tangible personal property other than
1728     food and food ingredients described in Subsection (2)(d).
1729          (11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
1730     fiscal year during which the Division of Finance receives notice under Section 63N-2-510 that

1731     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the Division of
1732     Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
1733     generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
1734     created in Section 63N-2-512.
1735          (12) (a) Notwithstanding Subsection (3)(a), for the 2016-17 fiscal year only, the
1736     Division of Finance shall deposit $26,000,000 of the revenues generated by the taxes listed
1737     under Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
1738          (b) Notwithstanding Subsection (3)(a), for the 2017-18 fiscal year only, the Division of
1739     Finance shall deposit $27,000,000 of the revenues generated by the taxes listed under
1740     Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
1741          (13) (a) The rate specified in this subsection is 0.15%.
1742          (b) Notwithstanding Subsection (3)(a), the Division of Finance shall:
1743          (i) on or before September 30, 2019, transfer the amount of revenue collected from the
1744     rate described in Subsection (13)(a) beginning on April 1, 2019, and ending on June 30, 2019,
1745     on the transactions that are subject to the sales and use tax under Subsection (2)(a)(i)(A) into
1746     the Medicaid Expansion Fund created in Section 26-36b-208; and
1747          (ii) for a fiscal year beginning on or after July 1, 2019, annually transfer the amount of
1748     revenue collected from the rate described in Subsection (13)(a) on the transactions that are
1749     subject to the sales and use tax under Subsection (2)(a)(i)(A) into the Medicaid Expansion
1750     Fund created in Section 26-36b-208.
1751          (14) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1752     2020-21, the Division of Finance shall deposit $200,000 into the General Fund as a dedicated
1753     credit solely for use of the Search and Rescue Financial Assistance Program created in, and
1754     expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
1755          (15) (a) For each fiscal year beginning with fiscal year 2020-21, the Division of
1756     Finance shall annually transfer $1,813,400 of the revenue deposited into the Transportation
1757     Investment Fund of 2005 under Subsections (6) through (8) to the General Fund.
1758          (b) If the total revenue deposited into the Transportation Investment Fund of 2005
1759     under Subsections (6) through (8) is less than $1,813,400 for a fiscal year, the Division of
1760     Finance shall transfer the total revenue deposited into the Transportation Investment Fund of
1761     2005 Ĥ→ under Subsections (6) through (8) ←Ĥ during the fiscal year to the General Fund.

1762          Section 21. Section 59-14-807 (Effective 07/01/20) is amended to read:
1763          59-14-807 (Effective 07/01/20). Electronic Cigarette Substance and Nicotine
1764     Product Tax Restricted Account.
1765          (1) There is created within the General Fund a restricted account known as the
1766     "Electronic Cigarette Substance and Nicotine Product Tax Restricted Account."
1767          (2) The Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
1768     consists of:
1769          (a) revenues collected from the tax imposed by Section 59-14-804; and
1770          (b) amounts appropriated by the Legislature.
1771          (3) For each fiscal year, beginning with fiscal year 2021, and subject to appropriation
1772     by the Legislature, the Division of Finance shall distribute from the Electronic Cigarette
1773     Substance and Nicotine Product Tax Restricted Account:
1774          (a) $2,000,000 which shall be allocated to the local health departments by the
1775     Department of Health using the formula created in accordance with Section 26A-1-116;
1776          (b) $2,000,000 to the Department of Health for statewide cessation programs and
1777     prevention education;
1778          (c) $1,180,000 to the Department of Public Safety for law enforcement officers aimed
1779     at disrupting organizations and networks that provide tobacco products, electronic cigarette
1780     products, nicotine products, and other illegal controlled substances to minors;
1781          (d) $3,000,000 which shall be allocated to the local health departments by the
1782     Department of Health using the formula created in accordance with Section 26A-1-116; [and]
1783          (e) $5,084,200 to the State Board of Education for school-based prevention
1784     programs[.]; and
1785          (f) $2,000,000 to the Department of Health for alcohol, tobacco, and other drug
1786     prevention, reduction, cessation, and control programs that promote unified messages and
1787     make use of media outlets, including radio, newspaper, billboards, and television.
1788          (4) (a) The local health departments shall use the money received in accordance with
1789     Subsection (3)(a) for enforcing:
1790          (i) the regulation provisions described in Section 26-57-103;
1791          (ii) the labeling requirement described in Section 26-57-104; and
1792          (iii) the penalty provisions described in Section 26-62-305.

1793          (b) The Department of Health shall use the money received in accordance with
1794     Subsection (3)(b) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
1795     Program created in Section 26-7-10.
1796          (c) The local health departments shall use the money received in accordance with
1797     Subsection (3)(d) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug
1798     Prevention Grant Program created in Section 26A-1-129.
1799          (d) The State Board of Education shall use the money received in accordance with
1800     Subsection (3)(e) to distribute to local education agencies to pay for:
1801          (i) stipends for positive behaviors specialists as described in Subsection
1802     53G-10-407(4)(a)(i);
1803          (ii) the cost of administering the positive behaviors plan as described in Subsection
1804     53G-10-407(4)(a)(ii); and
1805          (iii) the cost of implementing an Underage Drinking and Substance Abuse Prevention
1806     Program in grade 4 or 5, as described in Subsection 53G-10-406(3)(b).
1807          (5) (a) The fund shall earn interest.
1808          (b) All interest earned on fund money shall be deposited into the fund.
1809          (6) Subject to legislative appropriations, funds remaining in the Electronic Cigarette
1810     Substance and Nicotine Product Tax Restricted Account after the distribution described in
1811     Subsection (3) may only be used for programs and activities related to the prevention and
1812     cessation of electronic cigarette, nicotine products, marijuana, and other drug use.
1813          Section 22. Section 62A-4a-403 is amended to read:
1814          62A-4a-403. Reporting requirements.
1815          (1) (a) Except as provided in Subsection (2), when any individual, including an
1816     individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67,
1817     Utah Medical Practice Act, has reason to believe that a child has been subjected to abuse or
1818     neglect, or observes a child being subjected to conditions or circumstances that would
1819     reasonably result in abuse or neglect, that individual shall immediately report the alleged abuse
1820     or neglect to the nearest peace officer, law enforcement agency, or office of the division.
1821          (b) (i) Upon receipt of a report described in Subsection (1)(a), the peace officer or law
1822     enforcement agency shall immediately notify the nearest office of the division.
1823          (ii) If an initial report of abuse or neglect is made to the division, the division shall

1824     immediately notify the appropriate local law enforcement agency.
1825          (c) (i) The division shall, in addition to [its] the division's own investigation[, comply
1826     with and lend support to] in accordance with Section 62A-4a-409, coordinate with law
1827     enforcement on investigations by law enforcement undertaken to investigate a report described
1828     in Subsection (1)(a).
1829          (ii) If law enforcement undertakes an investigation of a report described in Subsection
1830     (1)(a), the law enforcement agency undertaking the investigation shall provide a final
1831     investigatory report to the division upon request.
1832          (2) Subject to Subsection (3), the notification requirement described in Subsection
1833     (1)(a) does not apply to a member of the clergy, with regard to any confession made to the
1834     member of the clergy while functioning in the ministerial capacity of the member of the clergy
1835     and without the consent of the individual making the confession, if:
1836          (a) the perpetrator made the confession directly to the member of the clergy; and
1837          (b) the member of the clergy is, under canon law or church doctrine or practice, bound
1838     to maintain the confidentiality of that confession.
1839          (3) (a) When a member of the clergy receives information about abuse or neglect from
1840     any source other than confession of the perpetrator, the member of the clergy is required to
1841     report that information even though the member of the clergy may have also received
1842     information about abuse or neglect from the confession of the perpetrator.
1843          (b) Exemption of the reporting requirement for a member of the clergy does not
1844     exempt the member of the clergy from any other efforts required by law to prevent further
1845     abuse or neglect by the perpetrator.
1846          Section 23. Section 62A-4a-409 is amended to read:
1847          62A-4a-409. Investigation by division -- Temporary protective custody --
1848     Preremoval interviews of children.
1849          (1) (a) [The] Except as provided in Subsection (1)(c), the division shall [make] conduct
1850     a thorough preremoval investigation upon receiving either an oral or written report of alleged
1851     abuse or neglect, or an oral or written report under Subsection 62A-4a-404(2), when there is
1852     reasonable cause to suspect that a situation of abuse, neglect, or the circumstances described
1853     under Subsection 62A-4a-404(2) exist.
1854          (b) The primary purpose of the investigation described in Subsection (1)(a) shall be

1855     protection of the child.
1856          (c) The division is not required to conduct an investigation under Subsection (1)(a) if
1857     the division determines the person responsible for the child's care:
1858          (i) is not the alleged perpetrator; and
1859          (ii) is willing and able to ensure the alleged perpetrator does not have access to the
1860     child.
1861          (2) The preremoval investigation described in Subsection (1)(a) shall include the same
1862     investigative requirements described in Section 62A-4a-202.3.
1863          (3) The division shall make a written report of its investigation that shall include a
1864     determination regarding whether the alleged abuse or neglect is supported, unsupported, or
1865     without merit.
1866          (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
1867     with reports made under this part.
1868          (b) The division shall convene a child protection team to assist the division in the
1869     division's protective, diagnostic, assessment, treatment, and coordination services.
1870          (c) The division may include members of a child protection unit in the division's
1871     protective, diagnostic, assessment, treatment, and coordination services.
1872          (d) A representative of the division shall serve as the team's coordinator and chair.
1873     Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
1874     shall include representatives of:
1875          (i) health, mental health, education, and law enforcement agencies;
1876          (ii) the child;
1877          (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
1878     and
1879          (iv) other appropriate agencies or individuals.
1880          (5) If a report of neglect is based upon or includes an allegation of educational neglect,
1881     the division shall immediately consult with school authorities to verify the child's status in
1882     accordance with Sections 53G-6-201 through 53G-6-206.
1883          (6) When the division completes the division's initial investigation under this part, the
1884     division shall give notice of that completion to the person who made the initial report.
1885          (7) Division workers or other child protection team members have authority to enter

1886     upon public or private premises, using appropriate legal processes, to investigate reports of
1887     alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
1888     Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
1889          (8) With regard to any interview of a child prior to removal of that child from the
1890     child's home:
1891          (a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
1892     the child prior to the interview of:
1893          (i) the specific allegations concerning the child; and
1894          (ii) the time and place of the interview;
1895          (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
1896     alleged perpetrator, the division is not required to comply with Subsection (8)(a);
1897          (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
1898     is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
1899     minutes, with the child prior to complying with Subsection (8)(a);
1900          (d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
1901     notified as soon as practicable after the child has been interviewed, but in no case later than 24
1902     hours after the interview has taken place;
1903          (e) a child's parents shall be notified of the time and place of all subsequent interviews
1904     with the child; and
1905          (f) the child shall be allowed to have a support person of the child's choice present,
1906     who:
1907          (i) may include:
1908          (A) a school teacher;
1909          (B) an administrator;
1910          (C) a guidance counselor;
1911          (D) a child care provider;
1912          (E) a family member;
1913          (F) a family advocate; or
1914          (G) a member of the clergy; and
1915          (ii) may not be an individual who is alleged to be, or potentially may be, the
1916     perpetrator.

1917          (9) In accordance with the procedures and requirements of Sections 62A-4a-202.1
1918     through 62A-4a-202.3, a division worker or child protection team member may take a child
1919     into protective custody and deliver the child to a law enforcement officer, or place the child in
1920     an emergency shelter facility approved by the juvenile court, at the earliest opportunity
1921     subsequent to the child's removal from the child's original environment. Control and
1922     jurisdiction over the child is determined by the provisions of Title 78A, Chapter 6, Juvenile
1923     Court Act, and as otherwise provided by law.
1924          (10) With regard to cases in which law enforcement has or is conducting an
1925     investigation of alleged abuse or neglect of a child:
1926          (a) the division shall coordinate with law enforcement to ensure that there is an
1927     adequate safety plan to protect the child from further abuse or neglect; and
1928          (b) the division is not required to duplicate an aspect of the investigation that, in the
1929     division's determination, has been satisfactorily completed by law enforcement.
1930          (11) With regard to a mutual case in which a child protection unit was involved in the
1931     investigation of alleged abuse or neglect of a child, the division shall consult with the child
1932     protection unit before closing the case.
1933          Section 24. Section 63J-1-602.2 (Superseded 07/01/20) is amended to read:
1934          63J-1-602.2 (Superseded 07/01/20). List of nonlapsing appropriations to
1935     programs.
1936          Appropriations made to the following programs are nonlapsing:
1937          (1) The Legislature and its committees.
1938          (2) The Percent-for-Art Program created in Section 9-6-404.
1939          (3) The LeRay McAllister Critical Land Conservation Program created in Section
1940     11-38-301.
1941          (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
1942     Subsection 17-16-21(2)(d)(ii).
1943          (5) The Trip Reduction Program created in Section 19-2a-104.
1944          (6) The Division of Wildlife Resources for the appraisal and purchase of lands under
1945     the Pelican Management Act, as provided in Section 23-21a-6.
1946          (7) The primary care grant program created in Section 26-10b-102.
1947          (8) Sanctions collected as dedicated credits from Medicaid provider under Subsection

1948     26-18-3(7).
1949          (9) The Utah Health Care Workforce Financial Assistance Program created in Section
1950     26-46-102.
1951          (10) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
1952          (11) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
1953          (12) Funds that the Department of Alcoholic Beverage Control retains in accordance
1954     with Subsection 32B-2-301[(7)](8)(a) or (b).
1955          (13) The General Assistance program administered by the Department of Workforce
1956     Services, as provided in Section 35A-3-401.
1957          (14) A new program or agency that is designated as nonlapsing under Section
1958     36-24-101.
1959          (15) The Utah National Guard, created in Title 39, Militia and Armories.
1960          (16) The State Tax Commission under Section 41-1a-1201 for the:
1961          (a) purchase and distribution of license plates and decals; and
1962          (b) administration and enforcement of motor vehicle registration requirements.
1963          (17) The Search and Rescue Financial Assistance Program, as provided in Section
1964     53-2a-1102.
1965          (18) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1966          (19) The State Board of Regents for teacher preparation programs, as provided in
1967     Section 53B-6-104.
1968          (20) The Medical Education Program administered by the Medical Education Council,
1969     as provided in Section 53B-24-202.
1970          (21) The State Board of Education, as provided in Section 53F-2-205.
1971          (22) The Division of Services for People with Disabilities, as provided in Section
1972     62A-5-102.
1973          (23) The Division of Fleet Operations for the purpose of upgrading underground
1974     storage tanks under Section 63A-9-401.
1975          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
1976          (25) Appropriations to the Department of Technology Services for technology
1977     innovation as provided under Section 63F-4-202.
1978          (26) The Office of Administrative Rules for publishing, as provided in Section

1979     63G-3-402.
1980          (27) The Utah Science Technology and Research Initiative created in Section
1981     63M-2-301.
1982          (28) The Governor's Office of Economic Development to fund the Enterprise Zone
1983     Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1984          (29) Appropriations to fund the Governor's Office of Economic Development's Rural
1985     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
1986     Employment Expansion Program.
1987          (30) Appropriations to fund programs for the Jordan River Recreation Area as
1988     described in Section 65A-2-8.
1989          (31) The Department of Human Resource Management user training program, as
1990     provided in Section 67-19-6.
1991          (32) A public safety answering point's emergency telecommunications service fund, as
1992     provided in Section 69-2-301.
1993          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
1994          (34) The Judicial Council for compensation for special prosecutors, as provided in
1995     Section 77-10a-19.
1996          (35) A state rehabilitative employment program, as provided in Section 78A-6-210.
1997          (36) The Utah Geological Survey, as provided in Section 79-3-401.
1998          (37) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1999          (38) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
2000     78B-6-144.5.
2001          (39) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2002     Defense Commission.
2003          (40) The program established by the Division of Facilities Construction and
2004     Management under Section 63A-5b-703 under which state agencies receive an appropriation
2005     and pay lease payments for the use and occupancy of buildings owned by the Division of
2006     Facilities Construction and Management.
2007          Section 25. Section 63J-1-602.2 (Effective 07/01/20) is amended to read:
2008          63J-1-602.2 (Effective 07/01/20). List of nonlapsing appropriations to programs.
2009          Appropriations made to the following programs are nonlapsing:

2010          (1) The Legislature and the Legislature's committees.
2011          (2) The State Board of Education, including all appropriations to agencies, line items,
2012     and programs under the jurisdiction of the State Board of Education, in accordance with
2013     Section 53F-9-103.
2014          (3) The Percent-for-Art Program created in Section 9-6-404.
2015          (4) The LeRay McAllister Critical Land Conservation Program created in Section
2016     11-38-301.
2017          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
2018     Subsection 17-16-21(2)(d)(ii).
2019          (6) The Trip Reduction Program created in Section 19-2a-104.
2020          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2021     the Pelican Management Act, as provided in Section 23-21a-6.
2022          (8) The emergency medical services grant program in Section 26-8a-207.
2023          (9) The primary care grant program created in Section 26-10b-102.
2024          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
2025     26-18-3(7).
2026          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
2027     26-46-102.
2028          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2029          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2030          (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
2031     with Subsection 32B-2-301[(7)](8)(a) or (b).
2032          (15) The General Assistance program administered by the Department of Workforce
2033     Services, as provided in Section 35A-3-401.
2034          (16) A new program or agency that is designated as nonlapsing under Section
2035     36-24-101.
2036          (17) The Utah National Guard, created in Title 39, Militia and Armories.
2037          (18) The State Tax Commission under Section 41-1a-1201 for the:
2038          (a) purchase and distribution of license plates and decals; and
2039          (b) administration and enforcement of motor vehicle registration requirements.
2040          (19) The Search and Rescue Financial Assistance Program, as provided in Section

2041     53-2a-1102.
2042          (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
2043          (21) The Utah Board of Higher Education for teacher preparation programs, as
2044     provided in Section 53B-6-104.
2045          (22) The Medical Education Program administered by the Medical Education Council,
2046     as provided in Section 53B-24-202.
2047          (23) The Division of Services for People with Disabilities, as provided in Section
2048     62A-5-102.
2049          (24) The Division of Fleet Operations for the purpose of upgrading underground
2050     storage tanks under Section 63A-9-401.
2051          (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
2052          (26) Appropriations to the Department of Technology Services for technology
2053     innovation as provided under Section 63F-4-202.
2054          (27) The Office of Administrative Rules for publishing, as provided in Section
2055     63G-3-402.
2056          (28) The Governor's Office of Economic Development to fund the Enterprise Zone
2057     Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2058          (29) Appropriations to fund the Governor's Office of Economic Development's Rural
2059     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
2060     Employment Expansion Program.
2061          (30) Appropriations to fund programs for the Jordan River Recreation Area as
2062     described in Section 65A-2-8.
2063          (31) The Department of Human Resource Management user training program, as
2064     provided in Section 67-19-6.
2065          (32) A public safety answering point's emergency telecommunications service fund, as
2066     provided in Section 69-2-301.
2067          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
2068          (34) The Judicial Council for compensation for special prosecutors, as provided in
2069     Section 77-10a-19.
2070          (35) A state rehabilitative employment program, as provided in Section 78A-6-210.
2071          (36) The Utah Geological Survey, as provided in Section 79-3-401.

2072          (37) The Bonneville Shoreline Trail Program created under Section 79-5-503.
2073          (38) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
2074     78B-6-144.5.
2075          (39) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2076     Defense Commission.
2077          (40) The program established by the Division of Facilities Construction and
2078     Management under Section 63A-5b-703 under which state agencies receive an appropriation
2079     and pay lease payments for the use and occupancy of buildings owned by the Division of
2080     Facilities Construction and Management.
2081          Section 26. Section 64-13e-104 is amended to read:
2082          64-13e-104. Housing of state probationary inmates or state parole inmates --
2083     Payments.
2084          (1) (a) A county shall accept and house a state probationary inmate or a state parole
2085     inmate in a county correctional facility, subject to available resources.
2086          (b) A county may release a number of inmates from a county correctional facility, but
2087     not to exceed the number of state probationary inmates in excess of the number of inmates
2088     funded by the appropriation authorized in Subsection (2) if:
2089          (i) the state does not fully comply with the provisions of Subsection (9) for the most
2090     current fiscal year; or
2091          (ii) funds appropriated by the Legislature for this purpose are less than 50% of the
2092     actual county daily incarceration rate.
2093          (2) Within funds appropriated by the Legislature for this purpose, the Division of
2094     Finance shall pay a county that houses a state probationary inmate or a state parole inmate at a
2095     rate of [56.88%] 47.89% of the actual county daily incarceration rate.
2096          (3) Funds appropriated by the Legislature under Subsection (2):
2097          (a) are nonlapsing;
2098          (b) may only be used for the purposes described in Subsection (2) and Subsection (10);
2099     and
2100          (c) may not be used for:
2101          (i) the costs of administering the payment described in this section; or
2102          (ii) payment of contract costs under Section 64-13e-103.

2103          (4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
2104     appropriation.
2105          (5) (a) The Division of Finance shall administer the payment described in Subsection
2106     (2) and Subsection (10).
2107          (b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
2108     Chapter 3, Utah Administrative Rulemaking Act, establish procedures for collecting data from
2109     counties for the purpose of completing the calculations described in this section.
2110          (c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
2111     of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
2112     amount of the payments made does not exceed the amount appropriated by the Legislature for
2113     the payments.
2114          (6) Each county that receives the payment described in Subsection (2) and Subsection
2115     (10) shall:
2116          (a) on at least a monthly basis, submit a report to CCJJ that includes:
2117          (i) the number of state probationary inmates and state parole inmates the county housed
2118     under this section;
2119          (ii) the total number of state probationary inmate days of incarceration and state parole
2120     inmate days of incarceration that were provided by the county;
2121          (iii) the total number of offenders housed pursuant to Subsection 64-13-21(2)(b); and
2122          (iv) the total number of days of incarceration of offenders housed pursuant to
2123     Subsection 64-13-21(2)(b); and
2124          (b) before September 15 of every third year beginning in 2022, calculate and inform
2125     CCJJ of the county's jail daily incarceration costs for the preceding fiscal year.
2126          (7) (a) On or before September 30 of each year, CCJJ shall:
2127          (i) compile the information from the reports described in Subsection (6)(a) that relate
2128     to the preceding state fiscal year and provide a copy of the compilation to each county that
2129     submitted a report; and
2130          (ii) calculate:
2131          (A) the actual county incarceration rate, based on the most recent year that data was
2132     reported in accordance with Subsection (6)(b); and
2133          (B) the final county incarceration rate.

2134          (b) On or before October 15 of each year, CCJJ shall inform the Division of Finance
2135     and each county of:
2136          (i) the actual county incarceration rate;
2137          (ii) the final county incarceration rate; and
2138          (iii) the exact amount of the payment described in this section that shall be made to
2139     each county.
2140          (8) On or before December 15 of each year, the Division of Finance shall distribute the
2141     payment described in Subsection (7)(b) in a single payment to each county.
2142          (9) (a) The amount paid to each county under Subsection (8) shall be calculated on a
2143     pro rata basis, based on the average number of state probationary inmate days of incarceration
2144     and the average state parole inmate days of incarceration that were provided by each county for
2145     the preceding five state fiscal years; and
2146          (b) if funds are available, the total number of days of incarceration of offenders housed
2147     pursuant to Subsection 64-13-21(2)(b).
2148          (10) If funds appropriated under Subsection (2) remain after payments are made
2149     pursuant to Subsection (8), the Division of Finance shall pay a county that houses in its jail a
2150     person convicted of a felony who is on probation or parole and who is incarcerated pursuant to
2151     Subsection 64-13-21(2)(b) on a pro rata basis not to exceed 50% of the actual county daily
2152     incarceration rate.
2153          Section 27. Section 67-19-14.7 (Superseded 07/01/20) is amended to read:
2154          67-19-14.7 (Superseded 07/01/20). Postpartum recovery leave.
2155          (1) As used in this section:
2156          (a) "Eligible employee" means an employee who:
2157          (i) is in a position that receives retirement benefits under Title 49, Utah State
2158     Retirement and Insurance Benefit Act;
2159          (ii) accrues paid leave benefits that can be used in the current and future calendar years;
2160          (iii) is not reemployed as defined in Section 49-11-1202; and
2161          (iv) gives birth to a child.
2162          (b) "Postpartum recovery leave" means leave hours a state employer provides to an
2163     eligible employee to recover from childbirth.
2164          (c) "Retaliatory action" means to do any of the following to an employee:

2165          (i) dismiss the employee;
2166          (ii) reduce the employee's compensation;
2167          (iii) fail to increase the employee's compensation by an amount that the employee is
2168     otherwise entitled to or was promised;
2169          (iv) fail to promote the employee if the employee would have otherwise been
2170     promoted; or
2171          (v) threaten to take an action described in Subsections [(1)(f)(i)] (1)(c)(i) through (iv).
2172          (d) (i) "State employer" means:
2173          (A) a state executive branch agency, including the State Tax Commission, the National
2174     Guard, and the Board of Pardons and Parole;
2175          (B) the legislative branch of the state; or
2176          (C) the judicial branch of the state.
2177          (ii) "State employer" does not include:
2178          (A) an institute of higher education;
2179          (B) the [Board of Regents] Utah Board of Higher Education;
2180          (C) the State Board of Education;
2181          (D) an independent entity as defined in Section 63E-1-102;
2182          (E) the Attorney General's Office;
2183          (F) the State Auditor's Office; or
2184          (G) the State Treasurer's Office.
2185          (2) (a) Except as provided in Subsection (3), a state employer shall allow an eligible
2186     employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
2187     week for recovery from childbirth.
2188          (b) A state employer shall allow an eligible employee who is part-time or who works in
2189     excess of a 40-hour work week or its equivalent to use the amount of postpartum recovery
2190     leave available to the eligible employee under this section on a pro rata basis as adopted by rule
2191     by the department under Subsection (11).
2192          (3) (a) Postpartum recovery leave described in Subsection (2):
2193          (i) shall be used starting on the day on which the eligible employee gives birth, unless a
2194     health care provider certifies that an earlier start date is medically necessary;
2195          (ii) shall be used in a single continuous period; and

2196          (iii) runs concurrently with any leave authorized under the Family and Medical Leave
2197     Act of 1993, 29 U.S.C. Sec. 2601 et seq.
2198          (b) The amount of postpartum recovery leave authorized under Subsection (2) does not
2199     increase if an eligible employee has more than one child born from the same pregnancy.
2200          (4) (a) Except as provided in Subsection (4)(b), an eligible employee shall give the
2201     state employer notice at least 30 days before the day on which the eligible employee plans to:
2202          (i) begin using postpartum recovery leave under this section; and
2203          (ii) stop using postpartum recovery leave under this section.
2204          (b) If circumstances beyond the eligible employee's control prevent the eligible
2205     employee from giving notice in accordance with Subsection (4)(a), the eligible employee shall
2206     give each notice described in Subsection (4)(a) as soon as reasonably practicable.
2207          (5) A state employer may not charge postpartum recovery leave under this section
2208     against sick, annual, or other leave.
2209          (6) A state employer may not compensate an eligible employee for any unused
2210     postpartum recovery leave upon termination of employment.
2211          (7) (a) Following the expiration of an eligible employee's postpartum recovery leave
2212     under this section, the state employer shall ensure that the eligible employee may return to:
2213          (i) the position that the eligible employee held before using postpartum recovery leave;
2214     or
2215          (ii) a position within the state employer that is equivalent in seniority, status, benefits,
2216     and pay to the position that the eligible employee held before using postpartum recovery leave.
2217          (b) If during the time an eligible employee uses postpartum recovery leave under this
2218     section the state employer experiences a reduction in force and, as part of the reduction in
2219     force, the eligible employee would have been separated had the eligible employee not been
2220     using the postpartum recovery leave, the state employer may separate the eligible employee in
2221     accordance with any applicable process or procedure as if the eligible employee were not using
2222     the postpartum recovery leave.
2223          (8) During the time an eligible employee uses postpartum recovery leave under this
2224     section, the eligible employee shall continue to receive all employment related benefits and
2225     payments at the same level that the eligible employee received immediately before beginning
2226     the postpartum leave, provided that the eligible employee pays any required employee

2227     contributions.
2228          (9) A state employer may not:
2229          (a) interfere with or otherwise restrain an eligible employee from using postpartum
2230     recovery leave in accordance with this section; or
2231          (b) take retaliatory action against an eligible employee for using postpartum recovery
2232     leave in accordance with this section.
2233          (10) A state employer shall provide each employee written information regarding an
2234     eligible employee's right to use postpartum recovery leave under this section.
2235          (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2236     the department shall, by July 1, [2020] 2021, make rules for the use and administration of
2237     postpartum recovery leave under this section, including a schedule that provides paid or
2238     postpartum recovery leave for an eligible employee who is part-time or who works in excess of
2239     a 40-hour work week on a pro rata basis.
2240          Section 28. Section 67-19-14.7 (Effective 07/01/20) is amended to read:
2241          67-19-14.7 (Effective 07/01/20). Postpartum recovery leave.
2242          (1) As used in this section:
2243          (a) "Eligible employee" means an employee who:
2244          (i) is in a position that receives retirement benefits under Title 49, Utah State
2245     Retirement and Insurance Benefit Act;
2246          (ii) accrues paid leave benefits that can be used in the current and future calendar years;
2247          (iii) is not reemployed as defined in Section 49-11-1202; and
2248          (iv) gives birth to a child.
2249          (b) "Postpartum recovery leave" means leave hours a state employer provides to an
2250     eligible employee to recover from childbirth.
2251          (c) "Retaliatory action" means to do any of the following to an employee:
2252          (i) dismiss the employee;
2253          (ii) reduce the employee's compensation;
2254          (iii) fail to increase the employee's compensation by an amount that the employee is
2255     otherwise entitled to or was promised;
2256          (iv) fail to promote the employee if the employee would have otherwise been
2257     promoted; or

2258          (v) threaten to take an action described in Subsections [(1)(f)(i)] (1)(c)(i) through (iv).
2259          (d) (i) "State employer" means:
2260          (A) a state executive branch agency, including the State Tax Commission, the National
2261     Guard, and the Board of Pardons and Parole;
2262          (B) the legislative branch of the state; or
2263          (C) the judicial branch of the state.
2264          (ii) "State employer" does not include:
2265          (A) an institute of higher education;
2266          (B) the Utah Board of Higher Education;
2267          (C) the State Board of Education;
2268          (D) an independent entity as defined in Section 63E-1-102;
2269          (E) the Attorney General's Office;
2270          (F) the State Auditor's Office; or
2271          (G) the State Treasurer's Office.
2272          (2) (a) Except as provided in Subsection (3), a state employer shall allow an eligible
2273     employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
2274     week for recovery from childbirth.
2275          (b) A state employer shall allow an eligible employee who is part-time or who works in
2276     excess of a 40-hour work week or its equivalent to use the amount of postpartum recovery
2277     leave available to the eligible employee under this section on a pro rata basis as adopted by rule
2278     by the department under Subsection (11).
2279          (3) (a) Postpartum recovery leave described in Subsection (2):
2280          (i) shall be used starting on the day on which the eligible employee gives birth, unless a
2281     health care provider certifies that an earlier start date is medically necessary;
2282          (ii) shall be used in a single continuous period; and
2283          (iii) runs concurrently with any leave authorized under the Family and Medical Leave
2284     Act of 1993, 29 U.S.C. Sec. 2601 et seq.
2285          (b) The amount of postpartum recovery leave authorized under Subsection (2) does not
2286     increase if an eligible employee has more than one child born from the same pregnancy.
2287          (4) (a) Except as provided in Subsection (4)(b), an eligible employee shall give the
2288     state employer notice at least 30 days before the day on which the eligible employee plans to:

2289          (i) begin using postpartum recovery leave under this section; and
2290          (ii) stop using postpartum recovery leave under this section.
2291          (b) If circumstances beyond the eligible employee's control prevent the eligible
2292     employee from giving notice in accordance with Subsection (4)(a), the eligible employee shall
2293     give each notice described in Subsection (4)(a) as soon as reasonably practicable.
2294          (5) A state employer may not charge postpartum recovery leave under this section
2295     against sick, annual, or other leave.
2296          (6) A state employer may not compensate an eligible employee for any unused
2297     postpartum recovery leave upon termination of employment.
2298          (7) (a) Following the expiration of an eligible employee's postpartum recovery leave
2299     under this section, the state employer shall ensure that the eligible employee may return to:
2300          (i) the position that the eligible employee held before using postpartum recovery leave;
2301     or
2302          (ii) a position within the state employer that is equivalent in seniority, status, benefits,
2303     and pay to the position that the eligible employee held before using postpartum recovery leave.
2304          (b) If during the time an eligible employee uses postpartum recovery leave under this
2305     section the state employer experiences a reduction in force and, as part of the reduction in
2306     force, the eligible employee would have been separated had the eligible employee not been
2307     using the postpartum recovery leave, the state employer may separate the eligible employee in
2308     accordance with any applicable process or procedure as if the eligible employee were not using
2309     the postpartum recovery leave.
2310          (8) During the time an eligible employee uses postpartum recovery leave under this
2311     section, the eligible employee shall continue to receive all employment related benefits and
2312     payments at the same level that the eligible employee received immediately before beginning
2313     the postpartum leave, provided that the eligible employee pays any required employee
2314     contributions.
2315          (9) A state employer may not:
2316          (a) interfere with or otherwise restrain an eligible employee from using postpartum
2317     recovery leave in accordance with this section; or
2318          (b) take retaliatory action against an eligible employee for using postpartum recovery
2319     leave in accordance with this section.

2320          (10) A state employer shall provide each employee written information regarding an
2321     eligible employee's right to use postpartum recovery leave under this section.
2322          (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2323     the department shall, by July 1, [2020] 2021, make rules for the use and administration of
2324     postpartum recovery leave under this section, including a schedule that provides paid or
2325     postpartum recovery leave for an eligible employee who is part-time or who works in excess of
2326     a 40-hour work week on a pro rata basis.
2327          Section 29. Section 72-2-121 is amended to read:
2328          72-2-121. County of the First Class Highway Projects Fund.
2329          (1) There is created a special revenue fund within the Transportation Fund known as
2330     the "County of the First Class Highway Projects Fund."
2331          (2) The fund consists of money generated from the following revenue sources:
2332          (a) any voluntary contributions received for new construction, major renovations, and
2333     improvements to highways within a county of the first class;
2334          (b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b)
2335     deposited in or transferred to the fund;
2336          (c) the portion of the sales and use tax described in Section 59-12-2217 deposited in or
2337     transferred to the fund; and
2338          (d) a portion of the local option highway construction and transportation corridor
2339     preservation fee imposed in a county of the first class under Section 41-1a-1222 deposited in or
2340     transferred to the fund.
2341          (3) (a) The fund shall earn interest.
2342          (b) All interest earned on fund money shall be deposited into the fund.
2343          (4) The executive director shall use the fund money only:
2344          (a) to pay debt service and bond issuance costs for bonds issued under Sections
2345     63B-16-102, 63B-18-402, and 63B-27-102;
2346          (b) for right-of-way acquisition, new construction, major renovations, and
2347     improvements to highways within a county of the first class and to pay any debt service and
2348     bond issuance costs related to those projects, including improvements to a highway located
2349     within a municipality in a county of the first class where the municipality is located within the
2350     boundaries of more than a single county;

2351          (c) for the construction, acquisition, use, maintenance, or operation of:
2352          (i) an active transportation facility for nonmotorized vehicles;
2353          (ii) multimodal transportation that connects an origin with a destination; or
2354          (iii) a facility that may include a:
2355          (A) pedestrian or nonmotorized vehicle trail;
2356          (B) nonmotorized vehicle storage facility;
2357          (C) pedestrian or vehicle bridge; or
2358          (D) vehicle parking lot or parking structure;
2359          (d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
2360     Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the amounts
2361     transferred in accordance with Subsection 72-2-124(4)(a)(iv);
2362          (e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
2363     issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the projects
2364     described in Subsection 63B-18-401(4)(a);
2365          (f) for a fiscal year beginning on or after July 1, 2013, and after the department has
2366     verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund, to
2367     transfer an amount equal to 50% of the revenue generated by the local option highway
2368     construction and transportation corridor preservation fee imposed under Section 41-1a-1222 in
2369     a county of the first class:
2370          (i) to the legislative body of a county of the first class; and
2371          (ii) to be used by a county of the first class for:
2372          (A) highway construction, reconstruction, or maintenance projects; or
2373          (B) the enforcement of state motor vehicle and traffic laws;
2374          (g) for fiscal year 2015-16 only, and after the department has verified that the amount
2375     required under Subsection 72-2-121.3(4)(c) is available in the fund and the transfer under
2376     Subsection (4)(e) has been made, to transfer an amount equal to $25,000,000:
2377          (i) to the legislative body of a county of the first class; and
2378          (ii) to be used by the county for the purposes described in this section;
2379          (h) for a fiscal year beginning on or after July 1, 2015, after the department has verified
2380     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and the
2381     transfer under Subsection (4)(e) has been made, to annually transfer an amount equal to up to

2382     42.5% of the sales and use tax revenue imposed in a county of the first class and deposited into
2383     the fund in accordance with Subsection 59-12-2214(3)(b) to:
2384          (i) the appropriate debt service or sinking fund for the repayment of bonds issued under
2385     Section 63B-27-102; and
2386          (ii) the Transportation Fund created in Section 72-2-102 until $28,079,000 has been
2387     deposited into the Transportation Fund;
2388          (i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
2389     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after
2390     the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers
2391     under Subsections (4)(h)(i) and (ii) have been made, to annually transfer 20% of the amount
2392     deposited into the fund under Subsection (2)(b) to a public transit district in a county of the
2393     first class to fund a system for public transit;
2394          (j) for a fiscal year beginning on or after July 1, 2018, after the department has verified
2395     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after
2396     the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers
2397     under Subsections (4)(h)(i) and (ii) have been made, to annually transfer 20% of the amount
2398     deposited into the fund under Subsection (2)(b):
2399          (i) to the legislative body of a county of the first class; and
2400          (ii) to fund parking facilities in a county of the first class that facilitate significant
2401     economic development and recreation and tourism within the state;
2402          (k) for the 2018-19 fiscal year only, after the department has verified that the amount
2403     required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under
2404     Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections
2405     (4)(h), (i), and (j) have been made, to transfer $12,000,000 to the department to distribute for
2406     the following projects:
2407          (i) $2,000,000 to West Valley City for highway improvement to 4100 South;
2408          (ii) $1,000,000 to Herriman for highway improvements to Herriman Boulevard from
2409     6800 West to 7300 West;
2410          (iii) $1,100,000 to South Jordan for highway improvements to Grandville Avenue;
2411          (iv) $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400
2412     South to 13200 South;

2413          (v) $1,000,000 to Murray City for highway improvements to 5600 South from State
2414     Street to Van Winkle;
2415          (vi) $1,000,000 to Draper for highway improvements to Lone Peak Parkway from
2416     11400 South to 12300 South;
2417          (vii) $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;
2418          (viii) $900,000 to South Jordan City for right-of-way acquisition and improvements to
2419     10200 South from 2700 West to 3200 West;
2420          (ix) $1,000,000 to West Jordan for highway improvements to 8600 South near
2421     Mountain View Corridor;
2422          (x) $700,000 to South Jordan right-of-way improvements to 10550 South; and
2423          (xi) $500,000 to Salt Lake County for highway improvements to 2650 South from
2424     7200 West to 8000 West; and
2425          (l) for a fiscal year beginning after the amount described in Subsection (4)(h) has been
2426     repaid to the Transportation Fund until fiscal year 2030, or sooner if the amount described in
2427     Subsection (4)(h)(ii) has been repaid, after the department has verified that the amount required
2428     under Subsection 72-2-121.3(4)(c) is available in the fund and the transfer under Subsection
2429     (4)(e) has been made, and after the bonds under Section 63B-27-102 have been repaid, to
2430     annually transfer an amount equal to up to 42.5% of the sales and use tax revenue imposed in a
2431     county of the first class and deposited into the fund in accordance with Subsection
2432     59-12-2214(3)(b):
2433          (i) to the legislative body of a county of the first class; and
2434          (ii) to be used by the county for the purposes described in this section.
2435          (5) The revenues described in Subsections (2)(b), (c), and (d) that are deposited in the
2436     fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402, and
2437     63B-27-102 are considered a local matching contribution for the purposes described under
2438     Section 72-2-123.
2439          (6) The additional administrative costs of the department to administer this fund shall
2440     be paid from money in the fund.
2441          (7) Notwithstanding any statutory or other restrictions on the use or expenditure of the
2442     revenue sources deposited into this fund, the Department of Transportation may use the money
2443     in this fund for any of the purposes detailed in Subsection (4).

2444          (8) (a) For a fiscal year beginning on or after July 1, 2018, at the end of each fiscal
2445     year, after all programmed payments and transfers authorized or required under this section
2446     have been made, on [July] November 30 the department shall transfer the remainder of the
2447     money in the fund to the Transportation Fund to reduce the amount owed to the Transportation
2448     Fund under Subsection (4)(j)(ii).
2449          (b) The department shall provide notice to a county of the first class of the amount
2450     transferred in accordance with this Subsection (8).
2451          (9) (a) Any revenue in the fund that is not specifically allocated and obligated under
2452     Subsections (4) through (8) is subject to the review process described in this Subsection (9).
2453          (b) A county of the first class shall create a county transportation advisory committee
2454     as described in Subsection (9)(c) to review proposed transportation and, as applicable, public
2455     transit projects and rank projects for allocation of funds.
2456          (c) The county transportation advisory committee described in Subsection (9)(b) shall
2457     be composed of the following 13 members:
2458          (i) six members who are residents of the county, nominated by the county executive
2459     and confirmed by the county legislative body who are:
2460          (A) members of a local advisory council of a large public transit district as defined in
2461     Section 17B-2a-802;
2462          (B) county council members; or
2463          (C) other residents with expertise in transportation planning and funding; and
2464          (ii) seven members nominated by the county executive, and confirmed by the county
2465     legislative body, chosen from mayors or managers of cities or towns within the county.
2466          (d) (i) A majority of the members of the county transportation advisory committee
2467     constitutes a quorum.
2468          (ii) The action by a quorum of the county transportation advisory committee constitutes
2469     an action by the county transportation advisory committee.
2470          (e) The county body shall determine:
2471          (i) the length of a term of a member of the county transportation advisory committee;
2472          (ii) procedures and requirements for removing a member of the county transportation
2473     advisory committee;
2474          (iii) voting requirements of the county transportation advisory committee;

2475          (iv) chairs or other officers of the county transportation advisory committee;
2476          (v) how meetings are to be called and the frequency of meetings, but not less than once
2477     annually; and
2478          (vi) the compensation, if any, of members of the county transportation advisory
2479     committee.
2480          (f) The county shall establish by ordinance criteria for prioritization and ranking of
2481     projects, which may include consideration of regional and countywide economic development
2482     impacts, including improved local access to:
2483          (i) employment;
2484          (ii) recreation;
2485          (iii) commerce; and
2486          (iv) residential areas.
2487          (g) The county transportation advisory committee shall evaluate and rank each
2488     proposed public transit project and regionally significant transportation facility according to
2489     criteria developed pursuant to Subsection (9)(f).
2490          (h) (i) After the review and ranking of each project as described in this section, the
2491     county transportation advisory committee shall provide a report and recommend the ranked list
2492     of projects to the county legislative body and county executive.
2493          (ii) After review of the recommended list of projects, as part of the county budgetary
2494     process, the county executive shall review the list of projects and may include in the proposed
2495     budget the proposed projects for allocation, as funds are available.
2496          (i) The county executive of the county of the first class, with information provided by
2497     the county and relevant state entities, shall provide a report annually to the county
2498     transportation advisory committee, and to the mayor or manager of each city, town, or metro
2499     township in the county, including the following:
2500          (i) the amount of revenue received into the fund during the past year;
2501          (ii) any funds available for allocation;
2502          (iii) funds obligated for debt service; and
2503          (iv) the outstanding balance of transportation-related debt.
2504          (10) As resources allow, the department shall study in 2020 transportation connectivity
2505     in the southwest valley of Salt Lake County, including the feasibility of connecting major

2506     east-west corridors to U-111.
2507          Section 30. Section 78A-6-117 (Superseded 07/01/20) is amended to read:
2508          78A-6-117 (Superseded 07/01/20). Adjudication of jurisdiction of juvenile court --
2509     Disposition of cases -- Enumeration of possible court orders -- Considerations of court.
2510          (1) (a) Except as provided in Subsection (1)(b), when a minor is found to come within
2511     Section 78A-6-103, the court shall adjudicate the case and make findings of fact upon which
2512     the court bases the court's jurisdiction over the case.
2513          (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
2514          (c) If the court adjudicates a minor for an offense of violence or an offense in violation
2515     of Title 76, Chapter 10, Part 5, Weapons, the court shall order that notice of the adjudication be
2516     provided to the school superintendent of the district in which the minor resides or attends
2517     school. Notice shall be made to the district superintendent within three days of the
2518     adjudication and shall include:
2519          (i) the specific offenses for which the minor was adjudicated; and
2520          (ii) if available, whether the victim:
2521          (A) resides in the same school district as the minor; or
2522          (B) attends the same school as the minor.
2523          (d) (i) An adjudicated minor shall undergo a risk screening or, if indicated, a validated
2524     risk and needs assessment.
2525          (ii) Results of the screening or assessment shall be used to inform disposition decisions
2526     and case planning. Assessment results, if available, may not be shared with the court before
2527     adjudication.
2528          (2) Upon adjudication the court may make the following dispositions by court order:
2529          (a) (i) the court may place the minor on probation or under protective supervision in
2530     the minor's own home and upon conditions determined by the court, including community or
2531     compensatory service;
2532          (ii) a condition ordered by the court under Subsection (2)(a)(i):
2533          (A) shall be individualized and address a specific risk or need;
2534          (B) shall be based on information provided to the court, including the results of a
2535     validated risk and needs assessment conducted under Subsection (1)(d);
2536          (C) if the court orders substance abuse treatment or an educational series, shall be

2537     based on a validated risk and needs assessment conducted under Subsection (1)(d); and
2538          (D) if the court orders protective supervision, may not designate the division as the
2539     provider of protective supervision unless there is a petition regarding abuse, neglect, or
2540     dependency before the court requesting that the division provide protective supervision;
2541          (iii) a court may not issue a standard order that contains control-oriented conditions;
2542          (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
2543     minor and not the minor's family;
2544          (v) if the court orders probation, the court may direct that notice of the court's order be
2545     provided to designated individuals in the local law enforcement agency and the school or
2546     transferee school, if applicable, that the minor attends. The designated individuals may receive
2547     the information for purposes of the minor's supervision and student safety; and
2548          (vi) an employee of the local law enforcement agency and the school that the minor
2549     attends who discloses the court's order of probation is not:
2550          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2551     provided in Section 63G-7-202; and
2552          (B) civilly or criminally liable except when the disclosure constitutes a knowing
2553     violation of Section 63G-2-801.
2554          (b) The court may place the minor in the legal custody of a relative or other suitable
2555     individual, with or without probation or other court-specified child welfare services, but the
2556     juvenile court may not assume the function of developing foster home services.
2557          (c) The court shall only vest legal custody of the minor in the Division of Juvenile
2558     Justice Services and order the Division of Juvenile Justice Services to provide dispositional
2559     recommendations and services if:
2560          (i) nonresidential treatment options have been exhausted or nonresidential treatment
2561     options are not appropriate; and
2562          (ii) the minor is adjudicated under this section for a felony offense, a misdemeanor
2563     when the minor has five prior misdemeanors or felony adjudications arising from separate
2564     criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
2565     Section 76-1-601.
2566          (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
2567     Justice Services for:

2568          (A) contempt of court except to the extent permitted under Section 78A-6-1101;
2569          (B) a violation of probation;
2570          (C) failure to pay a fine, fee, restitution, or other financial obligation;
2571          (D) unfinished compensatory or community service hours;
2572          (E) an infraction; or
2573          (F) a status offense.
2574          (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
2575     petition the court to express the minor's desire to be removed from the jurisdiction of the
2576     juvenile court and from the custody of the division if the minor is in the division's custody on
2577     grounds of abuse, neglect, or dependency.
2578          (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
2579     Termination of Parental Rights Act, the minor's petition shall contain a statement from the
2580     minor's parent or guardian agreeing that the minor should be removed from the custody of the
2581     division.
2582          (C) The minor and the minor's parent or guardian shall sign the petition.
2583          (D) The court shall review the petition within 14 days.
2584          (E) The court shall remove the minor from the custody of the division if the minor and
2585     the minor's parent or guardian have met the requirements described in Subsections (2)(d)(ii)(B)
2586     and (C) and if the court finds, based on input from the division, the minor's guardian ad litem,
2587     and the Office of the Attorney General, that the minor does not pose an imminent threat to self
2588     or others.
2589          (F) A minor removed from custody under Subsection (2)(d)(ii)(E) may, within 90 days
2590     of the date of removal, petition the court to re-enter custody of the division.
2591          (G) Upon receiving a petition under Subsection (2)(d)(ii)(F), the court shall order the
2592     division to take custody of the minor based on the findings the court entered when the court
2593     originally vested custody in the division.
2594          (e) The court shall only commit a minor to the Division of Juvenile Justice Services for
2595     secure confinement if the court finds that:
2596          (i) (A) the minor poses a risk of harm to others; or
2597          (B) the minor's conduct resulted in the victim's death; and
2598          (ii) the minor is adjudicated under this section for:

2599          (A) a felony offense;
2600          (B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
2601     arising from separate criminal episodes; or
2602          (C) a misdemeanor involving use of a dangerous weapon as defined in Section
2603     76-1-601.
2604          (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
2605     neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
2606     Division of Juvenile Justice Services.
2607          (ii) The court may not commit a minor to the Division of Juvenile Justice Services for
2608     secure confinement for:
2609          (A) contempt of court;
2610          (B) a violation of probation;
2611          (C) failure to pay a fine, fee, restitution, or other financial obligation;
2612          (D) unfinished compensatory or community service hours;
2613          (E) an infraction; or
2614          (F) a status offense.
2615          (g) The court may order nonresidential, diagnostic assessment, including substance use
2616     disorder, mental health, psychological, or sexual behavior risk assessment.
2617          (h) (i) The court may commit a minor to a place of detention or an alternative to
2618     detention for a period not to exceed 30 cumulative days per adjudication subject to the court
2619     retaining continuing jurisdiction over the minor's case. This commitment may not be
2620     suspended upon conditions ordered by the court.
2621          (ii) This Subsection (2)(h) applies only to a minor adjudicated for:
2622          (A) an act which if committed by an adult would be a criminal offense; or
2623          (B) contempt of court under Section 78A-6-1101.
2624          (iii) The court may not commit a minor to a place of detention for:
2625          (A) contempt of court except to the extent allowed under Section 78A-6-1101;
2626          (B) a violation of probation;
2627          (C) failure to pay a fine, fee, restitution, or other financial obligation;
2628          (D) unfinished compensatory or community service hours;
2629          (E) an infraction; or

2630          (F) a status offense.
2631          (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
2632     cumulative days eligible as a disposition under Subsection (2)(h)(i). If the minor spent more
2633     than 30 days in a place of detention before disposition, the court may not commit a minor to
2634     detention under this section.
2635          (B) Notwithstanding Subsection (2)(h)(iv)(A), the court may commit a minor for a
2636     maximum of seven days while a minor is awaiting placement under Subsection (2)(c). Only the
2637     seven days under this Subsection (2)(h)(iv)(B) may be combined with a nonsecure placement.
2638          (v) Notwithstanding Subsection (2)(v), no more than seven days of detention may be
2639     ordered in combination with an order under Subsection (2)(c).
2640          (i) [The] (a) Except as provided in Subsection (2)(i)(b), the court may vest legal
2641     custody of an abused, neglected, or dependent minor in the division or any other appropriate
2642     person in accordance with the requirements and procedures of Title 78A, Chapter 6, Part 3,
2643     Abuse, Neglect, and Dependency Proceedings.
2644          (b) The court may not vest legal custody of an abused, neglected, or dependent minor
2645     in the division to primarily address the minor's ungovernable or other behavior, mental health,
2646     or disability unless the division:
2647          (i) engages other relevant divisions within the department in conducting an assessment
2648     of the minor's and the minor's family's needs;
2649          (ii) based on the assessment described in Subsection (2)(i)(b)(i), determines that
2650     vesting custody of the minor in the division is the least restrictive intervention for the minor
2651     that meets the minor's needs; and
2652          (iii) consents to legal custody of the minor being vested in the division.
2653          (j) (i) The court may order a minor to repair, replace, or otherwise make restitution for
2654     material loss caused by the minor's wrongful act or for conduct for which the minor agrees to
2655     make restitution.
2656          (ii) A victim of an offense that involves as an element a scheme, a conspiracy, or a
2657     pattern of criminal activity, includes any person directly harmed by the minor's delinquency
2658     conduct in the course of the scheme, conspiracy, or pattern.
2659          (iii) If the victim and the minor agree to participate, the court may refer the case to a
2660     restorative justice program such as victim offender mediation to address how loss resulting

2661     from the adjudicated act may be addressed.
2662          (iv) For the purpose of determining whether and how much restitution is appropriate,
2663     the court shall consider the following:
2664          (A) restitution shall only be ordered for the victim's material loss;
2665          (B) restitution may not be ordered if the court finds that the minor is unable to pay or
2666     acquire the means to pay;
2667          (C) any amount paid by the minor to the victim in civil penalty shall be credited against
2668     restitution owed; and
2669          (D) the length of the presumptive term of supervision shall be taken into account in
2670     determining the minor's ability to satisfy the restitution order within the presumptive term.
2671          (v) Any amount paid to the victim in restitution shall be credited against liability in a
2672     civil suit.
2673          (vi) The court may also require a minor to reimburse an individual, entity, or
2674     governmental agency who offered and paid a reward to a person or persons for providing
2675     information resulting in a court adjudication that the minor is within the jurisdiction of the
2676     juvenile court due to the commission of a criminal offense.
2677          (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
2678     court may order the minor to make restitution for costs expended by any governmental entity
2679     for the return.
2680          (viii) Within seven days after the day on which a petition is filed under Section
2681     78A-6-602.5, the prosecuting attorney or the court's probation department shall provide
2682     notification of the restitution process to all reasonably identifiable and locatable victims of an
2683     offense listed in the petition.
2684          (ix) A victim that receives notice under Subsection (2)(j)(viii) is responsible for
2685     providing the prosecutor with:
2686          (A) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
2687     loss;
2688          (B) all documentation of any compensation or reimbursement from an insurance
2689     company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
2690          (C) if applicable, the victim's proof of identification, including the victim's date of
2691     birth, social security number, or driver license number; and

2692          (D) the victim's contact information, including the victim's current home and work
2693     address and telephone number.
2694          (x) A prosecutor or victim shall submit a request for restitution to the court at the time
2695     of disposition, if feasible, otherwise within 90 days after disposition.
2696          (xi) The court shall order a financial disposition that prioritizes the payment of
2697     restitution.
2698          (k) The court may issue orders necessary for the collection of restitution and fines
2699     ordered by the court, including garnishments, wage withholdings, and executions, except for an
2700     order that changes the custody of the minor, including detention or other secure or nonsecure
2701     residential placements.
2702          (l) (i) The court may through the court's probation department encourage the
2703     development of nonresidential employment or work programs to enable a minor to fulfill the
2704     minor's obligations under Subsection (2)(j) and for other purposes considered desirable by the
2705     court.
2706          (ii) Consistent with the order of the court, the probation officer may permit a minor to
2707     participate in a program of work restitution or compensatory service in lieu of paying part or all
2708     of the fine imposed by the court.
2709          (iii) The court may order the minor to:
2710          (A) pay a fine, fee, restitution, or other cost; or
2711          (B) complete service hours.
2712          (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
2713     complete service hours, those dispositions shall be considered collectively to ensure that the
2714     order:
2715          (A) is reasonable;
2716          (B) prioritizes restitution; and
2717          (C) takes into account the minor's ability to satisfy the order within the presumptive
2718     term of supervision.
2719          (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
2720     hours, the cumulative order shall be limited per criminal episode as follows:
2721          (A) for a minor younger than 16 years old at adjudication, the court may impose up to
2722     $180 or up to 24 hours of service; and

2723          (B) for a minor 16 years old or older at adjudication, the court may impose up to $270
2724     or up to 36 hours of service.
2725          (vi) The cumulative order under Subsection (2)(l)(v) does not include restitution.
2726          (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
2727     conversion shall be no less than the minimum wage.
2728          (m) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
2729     that as part of the commission of the violation the minor was in actual physical control of a
2730     motor vehicle, the court may, in addition to any other disposition authorized by this section:
2731          (A) restrain the minor from driving for periods of time the court considers necessary;
2732     and
2733          (B) take possession of the minor's driver license.
2734          (ii) (A) The court may enter any other eligible disposition under Subsection (2)(m)(i)
2735     except for a disposition under Subsection (2)(c), (d), (e), or (f).
2736          (B) The suspension of driving privileges for an offense under Section 78A-6-606 is
2737     governed only by Section 78A-6-606.
2738          (n) (i) The court may order a minor to complete community or compensatory service
2739     hours in accordance with Subsections (2)(l)(iv) and (v).
2740          (ii) When community service is ordered, the presumptive service order shall include
2741     between five and 10 hours of service.
2742          (iii) Satisfactory completion of an approved substance use disorder prevention or
2743     treatment program or other court-ordered condition may be credited by the court as
2744     compensatory service hours.
2745          (iv) When a minor commits an offense involving the use of graffiti under Section
2746     76-6-106 or 76-6-206, the court may order the minor to clean up graffiti created by the minor
2747     or any other individual at a time and place within the jurisdiction of the court. Compensatory
2748     service ordered under this section may be performed in the presence and under the direct
2749     supervision of the minor's parent or legal guardian. The parent or legal guardian shall report
2750     completion of the order to the court. The court may also require the minor to perform other
2751     alternative forms of restitution or repair to the damaged property pursuant to Subsection (2)(j).
2752          (o) (i) Subject to Subsection (2)(o)(iii), the court may order that a minor:
2753          (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or

2754          (B) receive other special care.
2755          (ii) For purposes of receiving the examination, treatment, or care described in
2756     Subsection (2)(o)(i), the court may place the minor in a hospital or other suitable facility that is
2757     not a secure facility or secure detention.
2758          (iii) In determining whether to order the examination, treatment, or care described in
2759     Subsection (2)(o)(i), the court shall consider:
2760          (A) the desires of the minor;
2761          (B) if the minor is younger than 18 years old, the desires of the parents or guardian of
2762     the minor; and
2763          (C) whether the potential benefits of the examination, treatment, or care outweigh the
2764     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
2765     function impairment, or emotional or physical harm resulting from the compulsory nature of
2766     the examination, treatment, or care.
2767          (iv) The division shall:
2768          (A) take reasonable measures to notify a parent or guardian of any non-emergency
2769     health treatment or care scheduled for a child;
2770          (B) include the parent or guardian as fully as possible in making health care decisions
2771     for the child; and
2772          (C) defer to the parent's or guardian's reasonable and informed decisions regarding the
2773     child's health care to the extent that the child's health and well being are not unreasonably
2774     compromised by the parent's or guardian's decision.
2775          (v) The division shall notify the parent or guardian of a child within five business days
2776     after a child in the custody of the division receives emergency health care or treatment.
2777          (vi) The division shall use the least restrictive means to accomplish a compelling
2778     interest in the care and treatment of a child described in this Subsection (2)(o).
2779          (p) (i) The court may appoint a guardian for the minor if it appears necessary in the
2780     interest of the minor, and may appoint as guardian a public or private institution or agency, but
2781     not a nonsecure residential placement provider, in which legal custody of the minor is vested.
2782          (ii) In placing a minor under the guardianship or legal custody of an individual or of a
2783     private agency or institution, the court shall give primary consideration to the welfare of the
2784     minor. When practicable, the court may take into consideration the religious preferences of the

2785     minor and of a child's parents.
2786          (q) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
2787     conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
2788     other person who has been made a party to the proceedings. Conditions may include:
2789          (A) parent-time by the parents or one parent;
2790          (B) restrictions on the minor's associates;
2791          (C) restrictions on the minor's occupation and other activities; and
2792          (D) requirements to be observed by the parents or custodian.
2793          (ii) A minor whose parents or guardians successfully complete a family or other
2794     counseling program may be credited by the court for detention, confinement, or probation time.
2795          (r) The court may order the child to be committed to the physical custody of a local
2796     mental health authority, in accordance with the procedures and requirements of Title 62A,
2797     Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
2798     Mental Health.
2799          (s) (i) The court may make an order committing a minor within the court's jurisdiction
2800     to the Utah State Developmental Center if the minor has an intellectual disability in accordance
2801     with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
2802     an Intellectual Disability.
2803          (ii) The court shall follow the procedure applicable in the district courts with respect to
2804     judicial commitments to the Utah State Developmental Center when ordering a commitment
2805     under Subsection (2)(s)(i).
2806          (t) The court may terminate all parental rights upon a finding of compliance with Title
2807     78A, Chapter 6, Part 5, Termination of Parental Rights Act.
2808          (u) The court may make other reasonable orders for the best interest of the minor and
2809     as required for the protection of the public, except that a child may not be committed to jail,
2810     prison, secure detention, or the custody of the Division of Juvenile Justice Services under
2811     Subsections (2)(c), (d), (e), and (f).
2812          (v) The court may combine the dispositions listed in this section if it is permissible and
2813     they are compatible.
2814          (w) Before depriving any parent of custody, the court shall give due consideration to
2815     the rights of parents concerning their child. [The] Except as provided in Subsection (2)(i)(b),

2816     the court may transfer custody of a minor to another individual, agency, or institution in
2817     accordance with the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse,
2818     Neglect, and Dependency Proceedings.
2819          (x) Except as provided in Subsection (2)(z)(i), an order under this section for probation
2820     or placement of a minor with an individual or an agency shall include a date certain for a
2821     review and presumptive termination of the case by the court in accordance with Subsection (6)
2822     and Section 62A-7-404.5. A new date shall be set upon each review.
2823          (y) In reviewing foster home placements, special attention shall be given to making
2824     adoptable children available for adoption without delay.
2825          (z) (i) The juvenile court may enter an order of permanent custody and guardianship
2826     with an individual or relative of a child where the court has previously acquired jurisdiction as
2827     a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
2828     order for child support on behalf of the child against the natural or adoptive parents of the
2829     child.
2830          (ii) Orders under Subsection (2)(z)(i):
2831          (A) shall remain in effect until the child reaches majority;
2832          (B) are not subject to review under Section 78A-6-118; and
2833          (C) may be modified by petition or motion as provided in Section 78A-6-1103.
2834          (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
2835     permanent orders of custody and guardianship do not expire with a termination of jurisdiction
2836     of the juvenile court.
2837          (3) If a court adjudicates a minor for an offense, the minor may be given a choice by
2838     the court to serve in the National Guard in lieu of other sanctions described in Subsection (2)
2839     if:
2840          (a) the minor meets the current entrance qualifications for service in the National
2841     Guard as determined by a recruiter, whose determination is final;
2842          (b) the offense:
2843          (i) would be a felony if committed by an adult;
2844          (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
2845          (iii) was committed with a weapon; and
2846          (c) the court retains jurisdiction over the minor's case under conditions set by the court

2847     and agreed upon by the recruiter or the unit commander to which the minor is eventually
2848     assigned.
2849          (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
2850     of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
2851     designated employees of the court or, if the minor is in the legal custody of the Division of
2852     Juvenile Justice Services, then by designated employees of the division under Subsection
2853     53-10-404(5)(b).
2854          (b) The responsible agency shall ensure that an employee designated to collect the
2855     saliva DNA specimens receives appropriate training and that the specimens are obtained in
2856     accordance with accepted protocol.
2857          (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
2858     Specimen Restricted Account created in Section 53-10-407.
2859          (d) Payment of the reimbursement is second in priority to payments the minor is
2860     ordered to make for restitution under this section and treatment under Section 78A-6-321.
2861          (5) (a) A disposition made by the court in accordance with this section may not be
2862     suspended, except for the following:
2863          (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
2864     under Subsection (2)(e), the court may suspend a custody order in accordance with Subsection
2865     (2)(c) in lieu of immediate commitment, upon the condition that the minor commit no new
2866     misdemeanor or felony offense during the three months following the day of disposition.
2867          (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
2868     exceed three months post-disposition and may not be extended under any circumstance.
2869          (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
2870          (A) following adjudication of a new misdemeanor or felony offense committed by the
2871     minor during the period of suspension set out under Subsection (5)(a)(ii);
2872          (B) if a new assessment or evaluation has been completed and recommends that a
2873     higher level of care is needed and nonresidential treatment options have been exhausted or
2874     nonresidential treatment options are not appropriate; or
2875          (C) if, after a notice and a hearing, the court finds a new or previous evaluation
2876     recommends a higher level of treatment, and the minor willfully failed to comply with a lower
2877     level of treatment and has been unsuccessfully discharged from treatment.

2878          (iv) A suspended custody order may not be imposed without notice to the minor, notice
2879     to counsel, and a hearing.
2880          (b) The court in accordance with Subsection (5)(a) shall terminate continuing
2881     jurisdiction over a minor's case at the end of the presumptive time frame unless at least one the
2882     following circumstances exists:
2883          (i) termination in accordance with Subsection (6)(a)(ii) would interrupt the completion
2884     of a program determined to be necessary by the results of a validated risk and needs assessment
2885     with completion found by the court after considering the recommendation of a licensed service
2886     provider on the basis of the minor completing the goals of the necessary treatment program;
2887          (ii) the minor commits a new misdemeanor or felony offense;
2888          (iii) service hours have not been completed; or
2889          (iv) there is an outstanding fine.
2890          (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
2891     custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
2892     court shall do so for a defined period of time in accordance with this section.
2893          (a) In placing a minor on probation under Subsection (2)(a), the court shall establish a
2894     presumptive term of probation as specified in this Subsection (6):
2895          (i) the presumptive length of intake probation may not exceed three months; and
2896          (ii) the presumptive length of formal probation may not exceed four to six months.
2897          (b) In vesting legal custody of the minor in the Division of Juvenile Justice Services
2898     under Subsection (2)(c) or (d), the court shall establish a maximum term of custody and a
2899     maximum term of aftercare as specified in this Subsection (6):
2900          (i) the presumptive length of out-of-home placement may not exceed three to six
2901     months; and
2902          (ii) the presumptive length of aftercare supervision, for those previously placed
2903     out-of-home, may not exceed three to four months, and minors may serve the term of aftercare
2904     in the home of a qualifying relative or guardian or at an independent living program contracted
2905     or operated by the Division of Juvenile Justice Services.
2906          (c) The court in accordance with Subsections (6)(a) and (b), and the Youth Parole
2907     Authority in accordance with Subsection (6)(b), shall terminate continuing jurisdiction over a
2908     minor's case at the end of the presumptive time frame unless at least one of the following

2909     circumstances exists:
2910          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
2911     court ordered program determined to be necessary by the results of a validated assessment, with
2912     completion found by the court after considering the recommendations of a licensed service
2913     provider or facilitator of court ordered treatment or intervention program on the basis of the
2914     minor completing the goals of the necessary treatment program;
2915          (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
2916     completion of a program determined to be necessary by the results of a validated assessment,
2917     with completion determined on the basis of whether the minor has regularly and consistently
2918     attended the treatment program and completed the goals of the necessary treatment program as
2919     determined by the court or Youth Parole Authority after considering the recommendation of a
2920     licensed service provider or facilitator of court ordered treatment or intervention program ;
2921          (iii) the minor commits a new misdemeanor or felony offense;
2922          (iv) service hours have not been completed;
2923          (v) there is an outstanding fine; or
2924          (vi) there is a failure to pay restitution in full.
2925          (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2926     exists, the court may extend jurisdiction for the time needed to address the specific
2927     circumstance.
2928          (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2929     exists, and the Youth Parole Authority has jurisdiction, the Youth Parole Authority may extend
2930     jurisdiction for the time needed to address the specific circumstance.
2931          (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
2932     Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
2933     time for up to three months.
2934          (f) Grounds for extension of the presumptive length of supervision or placement and
2935     the length of any extension shall be recorded in the court record or records of the Youth Parole
2936     Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
2937     the Administrative Office of the Courts and the Division of Juvenile Justice Services.
2938          (g) (i) For a minor who is under the supervision of the juvenile court and whose
2939     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be

2940     continued under the supervision of intake probation.
2941          (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
2942     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
2943     continued on parole and not in secure confinement.
2944          (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
2945     period shall toll until the minor returns.
2946          (7) Subsection (6) does not apply to any minor adjudicated under this section for:
2947          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
2948          (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
2949          (c) Section 76-5-203, murder or attempted murder;
2950          (d) Section 76-5-205, manslaughter;
2951          (e) Section 76-5-206, negligent homicide;
2952          (f) Section 76-5-207, automobile homicide;
2953          (g) Section 76-5-207.5, automobile homicide involving handheld wireless
2954     communication device;
2955          (h) Section 76-5-208, child abuse homicide;
2956          (i) Section 76-5-209, homicide by assault;
2957          (j) Section 76-5-302, aggravated kidnapping;
2958          (k) Section 76-5-405, aggravated sexual assault;
2959          (l) a felony violation of Section 76-6-103, aggravated arson;
2960          (m) Section 76-6-203, aggravated burglary;
2961          (n) Section 76-6-302, aggravated robbery;
2962          (o) Section 76-10-508.1, felony discharge of a firearm;
2963          (p) (i) an offense other than an offense listed in Subsections (7)(a) through (o)
2964     involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
2965          (ii) the minor has been previously adjudicated or convicted of an offense involving the
2966     use of a dangerous weapon; or
2967          (q) a felony offense other than an offense listed in Subsections (7)(a) through (p) and
2968     the minor has been previously committed to the custody of the Division of Juvenile Justice
2969     Services for secure confinement.
2970          Section 31. Section 78A-6-117 (Effective 07/01/20) is amended to read:

2971          78A-6-117 (Effective 07/01/20). Adjudication of jurisdiction of juvenile court --
2972     Disposition of cases -- Enumeration of possible court orders -- Considerations of court.
2973          (1) (a) Except as provided in Subsection (1)(b), when a minor is found to come within
2974     Section 78A-6-103, the court shall adjudicate the case and make findings of fact upon which
2975     the court bases the court's jurisdiction over the case.
2976          (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
2977          (c) If the court adjudicates a minor for an offense of violence or an offense in violation
2978     of Title 76, Chapter 10, Part 5, Weapons, the court shall order that notice of the adjudication be
2979     provided to the school superintendent of the district in which the minor resides or attends
2980     school. Notice shall be made to the district superintendent within three days of the
2981     adjudication and shall include:
2982          (i) the specific offenses for which the minor was adjudicated; and
2983          (ii) if available, whether the victim:
2984          (A) resides in the same school district as the minor; or
2985          (B) attends the same school as the minor.
2986          (d) (i) An adjudicated minor shall undergo a risk screening or, if indicated, a validated
2987     risk and needs assessment.
2988          (ii) Results of the screening or assessment shall be used to inform disposition decisions
2989     and case planning. Assessment results, if available, may not be shared with the court before
2990     adjudication.
2991          (2) Upon adjudication the court may make the following dispositions by court order:
2992          (a) (i) the court may place the minor on probation or under protective supervision in
2993     the minor's own home and upon conditions determined by the court, including community or
2994     compensatory service;
2995          (ii) a condition ordered by the court under Subsection (2)(a)(i):
2996          (A) shall be individualized and address a specific risk or need;
2997          (B) shall be based on information provided to the court, including the results of a
2998     validated risk and needs assessment conducted under Subsection (1)(d);
2999          (C) if the court orders substance abuse treatment or an educational series, shall be
3000     based on a validated risk and needs assessment conducted under Subsection (1)(d); and
3001          (D) if the court orders protective supervision, may not designate the division as the

3002     provider of protective supervision unless there is a petition regarding abuse, neglect, or
3003     dependency before the court requesting that the division provide protective supervision;
3004          (iii) a court may not issue a standard order that contains control-oriented conditions;
3005          (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
3006     minor and not the minor's family;
3007          (v) if the court orders probation, the court may direct that notice of the court's order be
3008     provided to designated individuals in the local law enforcement agency and the school or
3009     transferee school, if applicable, that the minor attends. The designated individuals may receive
3010     the information for purposes of the minor's supervision and student safety; and
3011          (vi) an employee of the local law enforcement agency and the school that the minor
3012     attends who discloses the court's order of probation is not:
3013          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3014     provided in Section 63G-7-202; and
3015          (B) civilly or criminally liable except when the disclosure constitutes a knowing
3016     violation of Section 63G-2-801.
3017          (b) The court may place the minor in the legal custody of a relative or other suitable
3018     individual, with or without probation or other court-specified child welfare services, but the
3019     juvenile court may not assume the function of developing foster home services.
3020          (c) The court shall only vest legal custody of the minor in the Division of Juvenile
3021     Justice Services and order the Division of Juvenile Justice Services to provide dispositional
3022     recommendations and services if:
3023          (i) nonresidential treatment options have been exhausted or nonresidential treatment
3024     options are not appropriate; and
3025          (ii) the minor is adjudicated under this section for a felony offense, a misdemeanor
3026     when the minor has five prior misdemeanors or felony adjudications arising from separate
3027     criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
3028     Section 76-1-601.
3029          (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
3030     Justice Services for:
3031          (A) contempt of court except to the extent permitted under Section 78A-6-1101;
3032          (B) a violation of probation;

3033          (C) failure to pay a fine, fee, restitution, or other financial obligation;
3034          (D) unfinished compensatory or community service hours;
3035          (E) an infraction; or
3036          (F) a status offense.
3037          (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
3038     petition the court to express the minor's desire to be removed from the jurisdiction of the
3039     juvenile court and from the custody of the division if the minor is in the division's custody on
3040     grounds of abuse, neglect, or dependency.
3041          (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
3042     Termination of Parental Rights Act, the minor's petition shall contain a statement from the
3043     minor's parent or guardian agreeing that the minor should be removed from the custody of the
3044     division.
3045          (C) The minor and the minor's parent or guardian shall sign the petition.
3046          (D) The court shall review the petition within 14 days.
3047          (E) The court shall remove the minor from the custody of the division if the minor and
3048     the minor's parent or guardian have met the requirements described in Subsections (2)(d)(ii)(B)
3049     and (C) and if the court finds, based on input from the division, the minor's guardian ad litem,
3050     and the Office of the Attorney General, that the minor does not pose an imminent threat to self
3051     or others.
3052          (F) A minor removed from custody under Subsection (2)(d)(ii)(E) may, within 90 days
3053     of the date of removal, petition the court to re-enter custody of the division.
3054          (G) Upon receiving a petition under Subsection (2)(d)(ii)(F), the court shall order the
3055     division to take custody of the minor based on the findings the court entered when the court
3056     originally vested custody in the division.
3057          (e) The court shall only commit a minor to the Division of Juvenile Justice Services for
3058     secure confinement if the court finds that:
3059          (i) (A) the minor poses a risk of harm to others; or
3060          (B) the minor's conduct resulted in the victim's death; and
3061          (ii) the minor is adjudicated under this section for:
3062          (A) a felony offense;
3063          (B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications

3064     arising from separate criminal episodes; or
3065          (C) a misdemeanor involving use of a dangerous weapon as defined in Section
3066     76-1-601.
3067          (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
3068     neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
3069     Division of Juvenile Justice Services.
3070          (ii) The court may not commit a minor to the Division of Juvenile Justice Services for
3071     secure confinement for:
3072          (A) contempt of court;
3073          (B) a violation of probation;
3074          (C) failure to pay a fine, fee, restitution, or other financial obligation;
3075          (D) unfinished compensatory or community service hours;
3076          (E) an infraction; or
3077          (F) a status offense.
3078          (g) The court may order nonresidential, diagnostic assessment, including substance use
3079     disorder, mental health, psychological, or sexual behavior risk assessment.
3080          (h) (i) The court may commit a minor to a place of detention or an alternative to
3081     detention for a period not to exceed 30 cumulative days per adjudication subject to the court
3082     retaining continuing jurisdiction over the minor's case. This commitment may not be
3083     suspended upon conditions ordered by the court.
3084          (ii) This Subsection (2)(h) applies only to a minor adjudicated for:
3085          (A) an act which if committed by an adult would be a criminal offense; or
3086          (B) contempt of court under Section 78A-6-1101.
3087          (iii) The court may not commit a minor to a place of detention for:
3088          (A) contempt of court except to the extent allowed under Section 78A-6-1101;
3089          (B) a violation of probation;
3090          (C) failure to pay a fine, fee, restitution, or other financial obligation;
3091          (D) unfinished compensatory or community service hours;
3092          (E) an infraction; or
3093          (F) a status offense.
3094          (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30

3095     cumulative days eligible as a disposition under Subsection (2)(h)(i). If the minor spent more
3096     than 30 days in a place of detention before disposition, the court may not commit a minor to
3097     detention under this section.
3098          (B) Notwithstanding Subsection (2)(h)(iv)(A), the court may commit a minor for a
3099     maximum of seven days while a minor is awaiting placement under Subsection (2)(c). Only the
3100     seven days under this Subsection (2)(h)(iv)(B) may be combined with a nonsecure placement.
3101          (v) Notwithstanding Subsection (2)(v), no more than seven days of detention may be
3102     ordered in combination with an order under Subsection (2)(c).
3103          (i) [The] (a) Except as provided in Subsection (2)(i)(b), the court may vest legal
3104     custody of an abused, neglected, or dependent minor in the division or any other appropriate
3105     person in accordance with the requirements and procedures of Title 78A, Chapter 6, Part 3,
3106     Abuse, Neglect, and Dependency Proceedings.
3107          (b) The court may not vest legal custody of an abused, neglected, or dependent minor
3108     in the division to primarily address the minor's ungovernable or other behavior, mental health,
3109     or disability unless the division:
3110          (i) engages other relevant divisions within the department in conducting an assessment
3111     of the minor's and the minor's family's needs;
3112          (ii) based on the assessment described in Subsection (2)(i)(b)(i), determines that
3113     vesting custody of the minor in the division is the least restrictive intervention for the minor
3114     that meets the minor's needs; and
3115          (iii) consents to legal custody of the minor being vested in the division.
3116          (j) (i) The court may order a minor to repair, replace, or otherwise make restitution for
3117     material loss caused by the minor's wrongful act or for conduct for which the minor agrees to
3118     make restitution.
3119          (ii) A victim of an offense that involves as an element a scheme, a conspiracy, or a
3120     pattern of criminal activity, includes any person directly harmed by the minor's delinquency
3121     conduct in the course of the scheme, conspiracy, or pattern.
3122          (iii) If the victim and the minor agree to participate, the court may refer the case to a
3123     restorative justice program such as victim offender mediation to address how loss resulting
3124     from the adjudicated act may be addressed.
3125          (iv) For the purpose of determining whether and how much restitution is appropriate,

3126     the court shall consider the following:
3127          (A) restitution shall only be ordered for the victim's material loss;
3128          (B) restitution may not be ordered if the court finds that the minor is unable to pay or
3129     acquire the means to pay;
3130          (C) any amount paid by the minor to the victim in civil penalty shall be credited against
3131     restitution owed; and
3132          (D) the length of the presumptive term of supervision shall be taken into account in
3133     determining the minor's ability to satisfy the restitution order within the presumptive term.
3134          (v) Any amount paid to the victim in restitution shall be credited against liability in a
3135     civil suit.
3136          (vi) The court may also require a minor to reimburse an individual, entity, or
3137     governmental agency who offered and paid a reward to a person or persons for providing
3138     information resulting in a court adjudication that the minor is within the jurisdiction of the
3139     juvenile court due to the commission of a criminal offense.
3140          (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
3141     court may order the minor to make restitution for costs expended by any governmental entity
3142     for the return.
3143          (viii) Within seven days after the day on which a petition is filed under Section
3144     78A-6-602.5, the prosecuting attorney or the court's probation department shall provide
3145     notification of the restitution process to all reasonably identifiable and locatable victims of an
3146     offense listed in the petition.
3147          (ix) A victim that receives notice under Subsection (2)(j)(viii) is responsible for
3148     providing the prosecutor with:
3149          (A) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
3150     loss;
3151          (B) all documentation of any compensation or reimbursement from an insurance
3152     company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
3153          (C) if applicable, the victim's proof of identification, including the victim's date of
3154     birth, social security number, or driver license number; and
3155          (D) the victim's contact information, including the victim's current home and work
3156     address and telephone number.

3157          (x) A prosecutor or victim shall submit a request for restitution to the court at the time
3158     of disposition, if feasible, otherwise within 90 days after disposition.
3159          (xi) The court shall order a financial disposition that prioritizes the payment of
3160     restitution.
3161          (k) The court may issue orders necessary for the collection of restitution and fines
3162     ordered by the court, including garnishments, wage withholdings, and executions, except for an
3163     order that changes the custody of the minor, including detention or other secure or nonsecure
3164     residential placements.
3165          (l) (i) The court may through the court's probation department encourage the
3166     development of nonresidential employment or work programs to enable a minor to fulfill the
3167     minor's obligations under Subsection (2)(j) and for other purposes considered desirable by the
3168     court.
3169          (ii) Consistent with the order of the court, the probation officer may permit a minor to
3170     participate in a program of work restitution or compensatory service in lieu of paying part or all
3171     of the fine imposed by the court.
3172          (iii) The court may order the minor to:
3173          (A) pay a fine, fee, restitution, or other cost; or
3174          (B) complete service hours.
3175          (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
3176     complete service hours, those dispositions shall be considered collectively to ensure that the
3177     order:
3178          (A) is reasonable;
3179          (B) prioritizes restitution; and
3180          (C) takes into account the minor's ability to satisfy the order within the presumptive
3181     term of supervision.
3182          (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
3183     hours, the cumulative order shall be limited per criminal episode as follows:
3184          (A) for a minor younger than 16 years old at adjudication, the court may impose up to
3185     $190 or up to 24 hours of service; and
3186          (B) for a minor 16 years old or older at adjudication, the court may impose up to $280
3187     or up to 36 hours of service.

3188          (vi) The cumulative order under Subsection (2)(l)(v) does not include restitution.
3189          (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
3190     conversion shall be no less than the minimum wage.
3191          (m) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
3192     that as part of the commission of the violation the minor was in actual physical control of a
3193     motor vehicle, the court may, in addition to any other disposition authorized by this section:
3194          (A) restrain the minor from driving for periods of time the court considers necessary;
3195     and
3196          (B) take possession of the minor's driver license.
3197          (ii) (A) The court may enter any other eligible disposition under Subsection (2)(m)(i)
3198     except for a disposition under Subsection (2)(c), (d), (e), or (f).
3199          (B) The suspension of driving privileges for an offense under Section 78A-6-606 is
3200     governed only by Section 78A-6-606.
3201          (n) (i) The court may order a minor to complete community or compensatory service
3202     hours in accordance with Subsections (2)(l)(iv) and (v).
3203          (ii) When community service is ordered, the presumptive service order shall include
3204     between five and 10 hours of service.
3205          (iii) Satisfactory completion of an approved substance use disorder prevention or
3206     treatment program or other court-ordered condition may be credited by the court as
3207     compensatory service hours.
3208          (iv) When a minor commits an offense involving the use of graffiti under Section
3209     76-6-106 or 76-6-206, the court may order the minor to clean up graffiti created by the minor
3210     or any other individual at a time and place within the jurisdiction of the court. Compensatory
3211     service ordered under this section may be performed in the presence and under the direct
3212     supervision of the minor's parent or legal guardian. The parent or legal guardian shall report
3213     completion of the order to the court. The court may also require the minor to perform other
3214     alternative forms of restitution or repair to the damaged property pursuant to Subsection (2)(j).
3215          (o) (i) Subject to Subsection (2)(o)(iii), the court may order that a minor:
3216          (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
3217          (B) receive other special care.
3218          (ii) For purposes of receiving the examination, treatment, or care described in

3219     Subsection (2)(o)(i), the court may place the minor in a hospital or other suitable facility that is
3220     not a secure facility or secure detention.
3221          (iii) In determining whether to order the examination, treatment, or care described in
3222     Subsection (2)(o)(i), the court shall consider:
3223          (A) the desires of the minor;
3224          (B) if the minor is younger than 18 years old, the desires of the parents or guardian of
3225     the minor; and
3226          (C) whether the potential benefits of the examination, treatment, or care outweigh the
3227     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
3228     function impairment, or emotional or physical harm resulting from the compulsory nature of
3229     the examination, treatment, or care.
3230          (iv) The division shall:
3231          (A) take reasonable measures to notify a parent or guardian of any non-emergency
3232     health treatment or care scheduled for a child;
3233          (B) include the parent or guardian as fully as possible in making health care decisions
3234     for the child; and
3235          (C) defer to the parent's or guardian's reasonable and informed decisions regarding the
3236     child's health care to the extent that the child's health and well being are not unreasonably
3237     compromised by the parent's or guardian's decision.
3238          (v) The division shall notify the parent or guardian of a child within five business days
3239     after a child in the custody of the division receives emergency health care or treatment.
3240          (vi) The division shall use the least restrictive means to accomplish a compelling
3241     interest in the care and treatment of a child described in this Subsection (2)(o).
3242          (p) (i) The court may appoint a guardian for the minor if it appears necessary in the
3243     interest of the minor, and may appoint as guardian a public or private institution or agency, but
3244     not a nonsecure residential placement provider, in which legal custody of the minor is vested.
3245          (ii) In placing a minor under the guardianship or legal custody of an individual or of a
3246     private agency or institution, the court shall give primary consideration to the welfare of the
3247     minor. When practicable, the court may take into consideration the religious preferences of the
3248     minor and of a child's parents.
3249          (q) (i) In support of a decree under Section 78A-6-103, the court may order reasonable

3250     conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
3251     other person who has been made a party to the proceedings. Conditions may include:
3252          (A) parent-time by the parents or one parent;
3253          (B) restrictions on the minor's associates;
3254          (C) restrictions on the minor's occupation and other activities; and
3255          (D) requirements to be observed by the parents or custodian.
3256          (ii) A minor whose parents or guardians successfully complete a family or other
3257     counseling program may be credited by the court for detention, confinement, or probation time.
3258          (r) The court may order the child to be committed to the physical custody of a local
3259     mental health authority, in accordance with the procedures and requirements of Title 62A,
3260     Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
3261     Mental Health.
3262          (s) (i) The court may make an order committing a minor within the court's jurisdiction
3263     to the Utah State Developmental Center if the minor has an intellectual disability in accordance
3264     with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
3265     an Intellectual Disability.
3266          (ii) The court shall follow the procedure applicable in the district courts with respect to
3267     judicial commitments to the Utah State Developmental Center when ordering a commitment
3268     under Subsection (2)(s)(i).
3269          (t) The court may terminate all parental rights upon a finding of compliance with Title
3270     78A, Chapter 6, Part 5, Termination of Parental Rights Act.
3271          (u) The court may make other reasonable orders for the best interest of the minor and
3272     as required for the protection of the public, except that a child may not be committed to jail,
3273     prison, secure detention, or the custody of the Division of Juvenile Justice Services under
3274     Subsections (2)(c), (d), (e), and (f).
3275          (v) The court may combine the dispositions listed in this section if it is permissible and
3276     they are compatible.
3277          (w) Before depriving any parent of custody, the court shall give due consideration to
3278     the rights of parents concerning their child. [The] Except as provided in Subsection (2)(i)(b),
3279     the court may transfer custody of a minor to another individual, agency, or institution in
3280     accordance with the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse,

3281     Neglect, and Dependency Proceedings.
3282          (x) Except as provided in Subsection (2)(z)(i), an order under this section for probation
3283     or placement of a minor with an individual or an agency shall include a date certain for a
3284     review and presumptive termination of the case by the court in accordance with Subsection (6)
3285     and Section 62A-7-404.5. A new date shall be set upon each review.
3286          (y) In reviewing foster home placements, special attention shall be given to making
3287     adoptable children available for adoption without delay.
3288          (z) (i) The juvenile court may enter an order of permanent custody and guardianship
3289     with an individual or relative of a child where the court has previously acquired jurisdiction as
3290     a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
3291     order for child support on behalf of the child against the natural or adoptive parents of the
3292     child.
3293          (ii) Orders under Subsection (2)(z)(i):
3294          (A) shall remain in effect until the child reaches majority;
3295          (B) are not subject to review under Section 78A-6-118; and
3296          (C) may be modified by petition or motion as provided in Section 78A-6-1103.
3297          (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
3298     permanent orders of custody and guardianship do not expire with a termination of jurisdiction
3299     of the juvenile court.
3300          (3) If a court adjudicates a minor for an offense, the minor may be given a choice by
3301     the court to serve in the National Guard in lieu of other sanctions described in Subsection (2)
3302     if:
3303          (a) the minor meets the current entrance qualifications for service in the National
3304     Guard as determined by a recruiter, whose determination is final;
3305          (b) the offense:
3306          (i) would be a felony if committed by an adult;
3307          (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
3308          (iii) was committed with a weapon; and
3309          (c) the court retains jurisdiction over the minor's case under conditions set by the court
3310     and agreed upon by the recruiter or the unit commander to which the minor is eventually
3311     assigned.

3312          (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
3313     of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
3314     designated employees of the court or, if the minor is in the legal custody of the Division of
3315     Juvenile Justice Services, then by designated employees of the division under Subsection
3316     53-10-404(5)(b).
3317          (b) The responsible agency shall ensure that an employee designated to collect the
3318     saliva DNA specimens receives appropriate training and that the specimens are obtained in
3319     accordance with accepted protocol.
3320          (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
3321     Specimen Restricted Account created in Section 53-10-407.
3322          (d) Payment of the reimbursement is second in priority to payments the minor is
3323     ordered to make for restitution under this section and treatment under Section 78A-6-321.
3324          (5) (a) A disposition made by the court in accordance with this section may not be
3325     suspended, except for the following:
3326          (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
3327     under Subsection (2)(e), the court may suspend a custody order in accordance with Subsection
3328     (2)(c) in lieu of immediate commitment, upon the condition that the minor commit no new
3329     misdemeanor or felony offense during the three months following the day of disposition.
3330          (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
3331     exceed three months post-disposition and may not be extended under any circumstance.
3332          (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
3333          (A) following adjudication of a new misdemeanor or felony offense committed by the
3334     minor during the period of suspension set out under Subsection (5)(a)(ii);
3335          (B) if a new assessment or evaluation has been completed and recommends that a
3336     higher level of care is needed and nonresidential treatment options have been exhausted or
3337     nonresidential treatment options are not appropriate; or
3338          (C) if, after a notice and a hearing, the court finds a new or previous evaluation
3339     recommends a higher level of treatment, and the minor willfully failed to comply with a lower
3340     level of treatment and has been unsuccessfully discharged from treatment.
3341          (iv) A suspended custody order may not be imposed without notice to the minor, notice
3342     to counsel, and a hearing.

3343          (b) The court in accordance with Subsection (5)(a) shall terminate continuing
3344     jurisdiction over a minor's case at the end of the presumptive time frame unless at least one the
3345     following circumstances exists:
3346          (i) termination in accordance with Subsection (6)(a)(ii) would interrupt the completion
3347     of a program determined to be necessary by the results of a validated risk and needs assessment
3348     with completion found by the court after considering the recommendation of a licensed service
3349     provider on the basis of the minor completing the goals of the necessary treatment program;
3350          (ii) the minor commits a new misdemeanor or felony offense;
3351          (iii) service hours have not been completed; or
3352          (iv) there is an outstanding fine.
3353          (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
3354     custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
3355     court shall do so for a defined period of time in accordance with this section.
3356          (a) In placing a minor on probation under Subsection (2)(a), the court shall establish a
3357     presumptive term of probation as specified in this Subsection (6):
3358          (i) the presumptive length of intake probation may not exceed three months; and
3359          (ii) the presumptive length of formal probation may not exceed four to six months.
3360          (b) In vesting legal custody of the minor in the Division of Juvenile Justice Services
3361     under Subsection (2)(c) or (d), the court shall establish a maximum term of custody and a
3362     maximum term of aftercare as specified in this Subsection (6):
3363          (i) the presumptive length of out-of-home placement may not exceed three to six
3364     months; and
3365          (ii) the presumptive length of aftercare supervision, for those previously placed
3366     out-of-home, may not exceed three to four months, and minors may serve the term of aftercare
3367     in the home of a qualifying relative or guardian or at an independent living program contracted
3368     or operated by the Division of Juvenile Justice Services.
3369          (c) The court in accordance with Subsections (6)(a) and (b), and the Youth Parole
3370     Authority in accordance with Subsection (6)(b), shall terminate continuing jurisdiction over a
3371     minor's case at the end of the presumptive time frame unless at least one of the following
3372     circumstances exists:
3373          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a

3374     court ordered program determined to be necessary by the results of a validated assessment, with
3375     completion found by the court after considering the recommendations of a licensed service
3376     provider or facilitator of court ordered treatment or intervention program on the basis of the
3377     minor completing the goals of the necessary treatment program;
3378          (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
3379     completion of a program determined to be necessary by the results of a validated assessment,
3380     with completion determined on the basis of whether the minor has regularly and consistently
3381     attended the treatment program and completed the goals of the necessary treatment program as
3382     determined by the court or Youth Parole Authority after considering the recommendation of a
3383     licensed service provider or facilitator of court ordered treatment or intervention program ;
3384          (iii) the minor commits a new misdemeanor or felony offense;
3385          (iv) service hours have not been completed;
3386          (v) there is an outstanding fine; or
3387          (vi) there is a failure to pay restitution in full.
3388          (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
3389     exists, the court may extend jurisdiction for the time needed to address the specific
3390     circumstance.
3391          (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
3392     exists, and the Youth Parole Authority has jurisdiction, the Youth Parole Authority may extend
3393     jurisdiction for the time needed to address the specific circumstance.
3394          (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
3395     Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
3396     time for up to three months.
3397          (f) Grounds for extension of the presumptive length of supervision or placement and
3398     the length of any extension shall be recorded in the court record or records of the Youth Parole
3399     Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
3400     the Administrative Office of the Courts and the Division of Juvenile Justice Services.
3401          (g) (i) For a minor who is under the supervision of the juvenile court and whose
3402     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
3403     continued under the supervision of intake probation.
3404          (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose

3405     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
3406     continued on parole and not in secure confinement.
3407          (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
3408     period shall toll until the minor returns.
3409          (7) Subsection (6) does not apply to any minor adjudicated under this section for:
3410          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3411          (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
3412          (c) Section 76-5-203, murder or attempted murder;
3413          (d) Section 76-5-205, manslaughter;
3414          (e) Section 76-5-206, negligent homicide;
3415          (f) Section 76-5-207, automobile homicide;
3416          (g) Section 76-5-207.5, automobile homicide involving handheld wireless
3417     communication device;
3418          (h) Section 76-5-208, child abuse homicide;
3419           (i) Section 76-5-209, homicide by assault;
3420          (j) Section 76-5-302, aggravated kidnapping;
3421          (k) Section 76-5-405, aggravated sexual assault;
3422          (l) a felony violation of Section 76-6-103, aggravated arson;
3423          (m) Section 76-6-203, aggravated burglary;
3424          (n) Section 76-6-302, aggravated robbery;
3425          (o) Section 76-10-508.1, felony discharge of a firearm;
3426          (p) (i) an offense other than an offense listed in Subsections (7)(a) through (o)
3427     involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
3428          (ii) the minor has been previously adjudicated or convicted of an offense involving the
3429     use of a dangerous weapon; or
3430          (q) a felony offense other than an offense listed in Subsections (7)(a) through (p) and
3431     the minor has been previously committed to the custody of the Division of Juvenile Justice
3432     Services for secure confinement.
3433          Section 32. Effective date.
3434          (1) Except as provided in Subsections (2) and (3), if approved by two-thirds of all the
3435     members elected to each house, this bill takes effect upon approval by the governor, or the day

3436     following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the
3437     governor's signature, or in the case of a veto, the date of veto override.
3438          (2) If approved by two-thirds of all members elected to each house, the changes to the
3439     following sections take effect on July 1, 2020:
3440          (a) Section 51-9-201 (Effective 07/01/20);
3441          (b) Section 59-14-807 (Effective 07/01/20);
3442          (c) Section 63J-1-602.2 (Effective 07/01/20);
3443          (d) Section 67-19-14.7 (Superseded 7/1/2020); and
3444          (e) Section 78A-6-117 (Effective 07/01/20).
3445          (3) Section 67-19-14.7 (Effective 7/1/2020), takes effect on July 1, 2021.